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HomeMy WebLinkAboutPACKET JUL 30 2002 - ~ A U IK City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 30, 2002 1:30 P.M. AGENDA CALL TO ORDER • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items 1-7 • Consent Agenda GENERAL BUSINESS 1. Consider accepting the resignation of Stephen J. Bonczek as City Manager of the City of Beaumont and approving severance compensation 2. Consider the appointment of the City Manager 3. Consider the appointment of the City Clerk 4. Consider extending the Development and Lease Agreement with the Beaumont Community Players to allow more time for the completion of fund raising 5. Consider approval of a mutual aid agreement between the City of Beaumont and the City of Port Arthur 6. Consider approval of a mutual aid agreement between the City of Beaumont and the City of Groves 7. Consider approval of the purchase of 38 bus passenger shelters 8. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be dangerous structures and ordering their removal by the owners and authorizing a raze or repair order on certain other structures WORK SESSION * FY 2003 Budget COMMENTS * Councilmembers comment on various matter * Public Comment (Persons are limited to three minutes) EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager and City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 July 30, 2002 Council consider accepting the resignation of Stephen J. Bonczek as City Manager of the City of Beaumont and approving severance compensation City of Beaumont •r• Council Agenda Item TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Lane Nichols, City Attorney ,,,/ MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 25, 2002 REQUESTED ACTION: Consider a resolution accepting the resignation of Stephen J. Bonczek as City Manager of the City of Beaumont and approving severance compensation. RECOMMENDATION That Council approve a resolution accepting the letter of resignation of Stephen J. Bonczek as City Manager of the City of Beaumont as described above. BACKGROUND Stephen J. Bonczek has submitted his resignation as City Manager of the City of Beaumont. BUDGETARY IMPACT It is possible that the transition to a new city manager may result in some salary savings. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny resolution accepting the letter of resignation of Stephen J. Bonczek as City Manager of the City of Beaumont. July 24, 2002 Mayor/Councilmembers: After discussion with Mayor and Council,I have decided that it is in the best interest of the City and myself to present my resignation as City Manager for the City of Beaumont effective July 23, 2002. I have greatly enjoyed the opportunity over the past three years to serve the Mayor/Council and community of Beaumont. Public service is my profession, my calling, my passion. There has been substantial progress achieved over the past three years in a difficult financial environment that did not require an increase in property taxes or major new fees. Through reorganizations, a reduction of staffing levels and increased productivity of the excellent work force of the City,not only the quality of services but the level of services have been enhanced. The City government is operating more effectively through the contributions of the current high performance management team of department directors. They are very professional, talented and experienced individuals who have dedicated their lives to public service and to the improvement of the Beaumont community. The City Employees of the City have risen to the challenge of doing more with less and have worked hard everyday to do the best job possible for the community. There has been progress in downtown revitalization, park improvements, working with the county on the entertainment complex, diversifying the tax base with West Teleserve and retention of Conns, increased affordable housing, and visual improvement of the City through code enforcement and demolition along with the ultimate remaining challenge of maintaining financial stability. Beaumont is a vibrant City with citizen and business leaders that care very deeply about its future success. I have enjoyed working with everyone who is involved in the City of Beaumont and look forward to continued progress and achievement for this important City of Southeast Texas. Sincerely, 79`� Stephen J. Bonczek 2 July 30, 2002 Council consider the appointment of the City Manager City of Beaumont •�• Council Agenda Item I g TO: City Council FROM: City Council PREPARED BY: Sue Dismukes, Interim Human Resources Director MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 26, 2002 REQUESTED ACTION: Consider the appointment of the City Manager. BACKGROUND Stephen J.Bonczek,City Manager,submitted his letter ofresignation to City Council on July 24,2002. The charter of the City of Beaumont provides for the City Council to appoint a City Manager who shall be the chief administrative and executive officer ofthe City and shall be responsible to the City Council for the efficient administration of all the affairs of the City. The City Manager shall not be appointed for a definite term but may be removed at the will and pleasure ofthe City Council by a vote ofthe majority of the entire Council. BUDGETARY IMPACT There may be a cost savings related to the starting salary of the new City Manager compared to the previous one. The compensation ofthe new City Manager will be discussed in Executive Session on July 30, 2002. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED MOTION Approve/Deny the appointment of Kyle Hayes as City Manager. 3 July 30, 2002 Council consider the appointment of the City Clerk ...... City of Beaumont Council Agenda Item TO: City Council FROM: City Council PREPARED BY: Sue Dismukes, Interim Human Resources Director MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 26, 2002 REQUESTED ACTION: Consider the appointment of the City Clerk. BACKGROUND Barbara Liming,City Clerk,retired on January 31,2002.The charter of the City of Beaumont provides for the City Council to appoint a City Clerk and prescribe the duties and compensation of said officer.The City Clerk shall hold office during the pleasure of the Council. BUDGETARYIMPACT There maybe a cost savings related to the starting salary of the new City Clerk compared to the previous one. The compensation of the new City Clerk will be discussed in Executive Session on July 30, 2002. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED MOTION Approve/Deny the appointment of Susan Henderson as City Clerk. 4 July 30, 2002 Council consider extending the Development and Lease Agreement with the Beaumont Community Players to allow more time for the completion of fund raising :9~, City of Beaumont 79W Council Agenda Item , EL TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 22, 2002 REQUESTED ACTION: Council approval to extend the Beaumont Community Players Development and Lease Agreement with the City to allow more time for the completion of fund raising. RECOMMENDATION Administration recommends a one year extension to the current Development and Lease Agreement which the City holds with the Beaumont Community Players (BCP), to provide additional time to raise the necessary funds for construction of a theatre building. BACKGROUND Council authorized a Development and Lease Agreement with BCP on August 8, 2000 for the construction and lease of a new community theatre located on City-owned property. BCP proposed to raise approximately $1.5M to fund the design and construction of a 13,000 square foot building. The proposed building will seat 250 to 300 patrons in an auditorium-style arrangement. It will also provide a multipurpose room to host dinner plays, rehearsals and meetings, administrative offices for BCP, costume and scene shops, and storage. As the City's commitment to the partnership, the City provided the site upon which the new theatre would be constructed at the corner of College and Orleans Streets, specifically the site of the former LaSalle Hotel. Upon completion of construction, BCP will donate the theatre to the City, then lease the facility for a twenty (20) year term. Lease payments of$10 per year for the term of the lease will provide contractual consideration. BCP will have exclusive use of the facility for education, civic,entertainment, and community theatre purposes. Extension to Development and Lease Agreement- BCP July 22, 2002 Page 2 In accordance with the conditions stated in the agreement, construction was to have commenced within two (2) years after execution of the agreement(August 9, 2000), after which time the right of BCP to use the property terminates. On July 19, 2002, BCP sent the City a letter requesting an extension to the Development and Lease agreement. This is due to the fact that BCP is in need of more time to raise the now estimated $2.5M required before building may begin; to date only $543,195.87 has been raised. BCP sites the events of 9-11 and the downturn of the nation's economy as the reason for their Capital Campaign losing momentum in reaching its goal. BCP indicates several proposals for grants are planned to be submitted once $1M has been raised by the private sector. BUDGETARY IMPACT After transfer of ownership of the completed facility to the City, BCP agrees to pay the City lease payments of$10 per year for the term of the twenty (20) year lease. City maintenance and utility costs for the completed structure are currently estimated to be $25,000 per year. Future City expenses will be funded from the General Fund. PREVIOUS ACTION City Council authorized the execution of a Development and Lease Agreement with BCP on August 8, 2000. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny granting a one year extension to the current Development and Lease Agreement between the City of Beaumont and the Beaumont Community Players to provide additional time for the organization to raise the remainder of funds necessary before construction of a new community theatre may begin. c:wro,o.w..m saiovwrs.e.y w.o.auwnx�ua..vws.cow.r.,o,ni�.n®.F..�b.p 5 July 30,2002 Council consider approval of a mutual aid agreement between the City of Beaumont and the City of Port Arthur City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Michel G. Bertrand, Fire Chief, EMC R.J. Smith, Assistant Emergency Management Coordinator MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 25, 2002 REQUESTED ACTION: Council approval of a mutual aid agreement between the City of Beaumont and City of Port Arthur initiating a contract to provide mutual aid assistance. RECOMMENDATION: Council consideration to authorize the Mayor to sign an agreement for providing mutual aid as may be requested by City of Port Arthur for emergency conditions as defined by the Texas Disaster Act of 1975. BACKGROUND: Congress, in November 2000,updated and replaced many sections of the Stafford Act(Emergency Management Act) with the Disaster Mitigation and Recovery Act. One of the requirements was to have in place, signed mutual aid agreements between political subdivisions. This is to insure that if mutual aid assistance is provided to another jurisdiction, and there is a Public Assistance Declaration, both entities (assisting jurisdiction, and the affected jurisdiction) are eligible for full reimbursement for services performed. Failure to have these agreements executed prior to the event will negate any reimbursement for the affected or responding jurisdiction. The guidance offered is that the respective county should have signed agreements with all of the incorporated cities within the county,and each incorporated city within the respective county should likewise have agreements executed. This mutual aid agreement was approved by the Port Arthur City Council and each document has been signed by Mayor Oscar Ortiz. BUDGETARY IMPACT: None. PREVIOUS ACTION: None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief/Emergency Management Coordinator. RECOMMENDED MOTION: Approve/deny authorization for the Mayor to enter into an agreement for providing mutual aid as may be requested by City of Port Arthur. OSCAR G.ORTIZ,MAYOR STEPHEN FITZGIBBONS FELIX A.BARKER,MAYOR PRO-TEM CITY MANAGER COUNCIL MEMBERS: Em;& CAROLYN DIXON CRAIG HANNAH City Of :41tr= CITY SECRETARY THOMAS J.HENDERSON MARK T.SOKOLOW TOM GILLAM,III CITY ATTORNEY REV.RONNIE LINDEN BOB BOWERS O t r t h u rte_ ROSE MITCHELL CHAISSON ROBERT E.ALLEN Texas July 24, 2002 -1 j u� " 2002 Beaumont Fire Department U P. O. Box 3827 FIRE/RESCU Beaumont, TX 77704 _ E Attention Mickey Bertrand, Fire Chief/EMC Chief Bertrand: Enclosed are two original documents of the"Emergency Management Mutual Aid Agreement"that is required to be in place between the City of Port Arthur and the City of Beaumont to qualify for FEMA reimbursement. This mutual aid agreement was approved by the Port Arthur City Council and each document has been signed by Port Arthur Mayor Oscar Ortiz. After you have the documents executed and signed, please send me one copy and keep one for your files. Sincerely, J Owens,aDepu�tyChi—ef of Police, Deputy EMC City of Port Arthur P. O. Box 1089 Port Arthur, TX 77641-1089 (409) 983-8616 Phone (409) 983-8621 FAX jowens@portarthurpd.com P.O.BOX 1089 • PORT ARTHUR,TEXAS 77641-1089 • 409/983-8115 • FAX 409/983-8291 MUTUAL AID AGREEMENT The contracting cities and counties solemnly agree: SECTION 1. PURPOSE The purpose of this agreement is to provide mutual aid among the cities and counties in meeting any emergency or disaster from enemy attack or other cause, natural or otherwise. This agreement is made pursuant to the Interlocal Cooperation Act, Vernon's Texas Civil Statutes, Chapter 791 Government Code; and Vernon's Texas Codes Annotated, Government Code Chapter418, commonly referred to as the Texas Disaster Act of 1975. This agreement recognizes that the prompt, full and effective utilization of the resources of the respective cities and counties is essential to the safety, care and welfare of the people thereof in the event of a major emergency or disaster. The Directors or Coordinators of Emergency Management of all party cities and counties shall constitute a committee to formulate plans to take all necessary steps for the implementation of this agreement. Such planning shall incorporate the use of resources, including personnel, equipment, and supplies necessary to provide mutual aid. SECTION 2. RESPONSIBILITIES It shall be the duty of each party city or county to formulate emergency management plans and programs for application within such city or county. There shall be frequent consultation between the representatives of the cities and counties with the State of Texas and the free exchange of information and services. In carrying out such emergency management plans and programs,the party cities and counties shall, so far as possible, provide and follow uniform standards, practices and rules and regulations including: (a) Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith; (b) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services; (c) Selection of all materials or equipment used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party City or County; (d) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to exercises or disaster; (e) The safety of public meetings or gatherings. Any party city or county requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof; provided that it is understood that the city or county rendering aid'may withhold resources to the extent necessary to provide reasonable protection for such city or county. Each party city or county while operating within its city or county limits under the terms and conditions of this agreement, the same powers (except that of arrest unless specifically authorized by the receiving city or county), duties, rights, privileges and immunities as if they were performing their duties in the city or county in which normally employed or rendering services. Emergency management forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency management authorities of the city or county receiving assistance. All requests for mutual aid under this agreement shall be made through the State Disaster District organization and that organization will serve as a channel through.which outside aid will be dispatched. SECTION 3. LIABILITY No party city or county or its officers or employees rendering aid in another city or county pursuant to this agreement shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. SECTION 4. SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the arrangements for mutual aid among two (2) or more cities or counties may differ from that appropriate among other cities or counties party hereto, this instrument contains elements of a broad base common to all cities and counties, and nothing herein contained shall preclude any city or county from entering into supplementary agreements with another city or county or cities or counties. Such supplementary agreements may comprehend, but shall not be limited to,provisions for evacuation and reception of injured and other persons, and the exchange of medical care, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies. SECTION 5. COMPENSATION Each party city or county shall provide for the payment of compensation and death benefits to injured members of the emergency management forces of that city or county and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this agreement, in the same manner and on the same terms as if the injury or death were sustained within such city or county. SECTION 6. FINANCE Any party city or county rendering aid in another city or county pursuant to this agreement shall be reimbursed by the party city or county receiving such aid for any loss or damage to, or expenses incurred in the operation of any equipment answering a request for aid, and for the cost incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided that any aiding party city or county may assume in whole or in part such loss damage expense, or other cost, and provided further that any two (2) or more party cities or counties may enter into supplementary agreements establishing a different allocation of costs as among those cities or counties. SECTION 7. SEVERABILITY This agreement shall continue in force and remain binding on each party city and county until the City Council or Commissioners' Court of such party city or county takes action to withdraw therefrom. Such action shall not be effective until 90 days after notice thereof has been sent by the Emergency Management Director of the party city or county desiring to withdraw to the Emergency Management Director of all other party cities or counties. This agreement shall be construed to effectuate the purpose stated in Section 1, hereof. If any provision of this agreement is declared unconstitutional, or the applicability thereof to any persons or circumstances is held invalid, the constitutionality of the remainder of the agreement and the applicability thereof to other persons and circumstances shall not be affected thereby. SECTION 8. APPLICABILITY This agreement shall become operative immediately upon its approval by any city or county as between it and any other city or county or cities or counties so ratifying. Duly authenticated copies of this agreement and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party cities and counties and with the division of Emergency Management and other appropriate agencies of the State of Texas. This agreement shall become binding and obligatory when it shall have been signed by the Mayor and/or County Judge of the respective cities and counties enumerated in this agreement; when it shall have been approved by the City Council and/or Commissioners' Court o h city or county. Mayor • yor City ofl6r r City of Date Date 6 July 30, 2002 Council consider approval of a mutual aid agreement between the City of Beaumont and the City of Groves City of Beaumont Council Agenda Item ' - K TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Michel G. Bertrand, Fire Chief, EMC R.J. Smith, Assistant Emergency Management Coordinator MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 19, 2002 REQUESTED ACTION: Council approval of a mutual aid agreement between the City of Beaumont and City of Groves initiating a contract to provide mutual aid assistance. RECOMMENDATION Council consideration to authorize the Mayor to sign an agreement for providing mutual aid as may be requested by City of Groves for emergency conditions as defined by the Texas Disaster Act of 1975. BACKGROUND Congress, in November 2000,updated and replaced many sections of the Stafford Act (Emergency Management Act) with the Disaster Mitigation and Recovery Act. One of the requirements was to have in place, signed mutual aid agreements between political subdivisions. This is to insure that if mutual aid assistance is provided to another jurisdiction,and there is a Public Assistance Declaration, both entities (assisting jurisdiction, and the affected jurisdiction) are eligible for full reimbursement for services performed. Failure to have these agreements executed prior to the event will negate any reimbursement for the affected or responding jurisdiction.The guidance offered is that the respective county should have signed agreements with all of the incorporated cities within the county,and each incorporated city within the respective county should likewise have agreements executed.This mutual aid agreement was approved by the Groves City Council and each document has been signed by Mayor Brad Bailey. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief/Emergency Management Coordinator. RECOMMENDED MOTION: Approve/deny authorization for the Mayor to enter into an agreement for providing mutual aid as may be requested by City of Groves. CITY O� GRO�/ES GROVES FIRE DEPARTMENT "Watek Grove* Grow" P.O. BOX 846 P.O. Box 846 GROVES,TX 77619 Groves. Texas 77619 ® i (409) 962-4460 ( ) 962-1471 July 2, 2002 JUL 1 200 � U Beaumont Emergency Management P.O. Box 3827 FIRE/RESCUE Beaumont,TX 77704 ATTN: Micky Bertrand, EMC Micky: Enclosed are two original documents of the 'Emergency Management Mutual Aid Agreement" that is required to be in place between the City of Groves and the City of Beaumont to qualify for FEMA reimbursement. This mutual aid agreement was approved by the Groves City Council and each document has been signed by Mayor Brad Bailey. After you have the documents executed and signed, please send one copy and keep one for your records. Please call if you have any questions. Sincerely Dale Jackson, Fire Chief/EMC City of Groves P.O. Box 846 Groves, TX 77619 (409)962-4460 Phone (409)960-5766 Fax MUTUAL AID AGREEMENT The contracting cities and counties solemnly agree: SECTION 1. PURPOSE The purpose of this agreement is to provide mutual aid among the cities and counties in meeting any emergency or disaster from enemy attack or other cause, natural or otherwise. This agreement is make pursuant to the Interlocal Cooperation Act, Vernon's Texas Civil Statutes, Article 4413 (32c), and Vernon's Texas codes Annotated, Government Code Chapter 418, commonly referred to as the Texas Disaster Act of 1975. This agreement recognizes that the prompt, full and effective utilization of the resources of the respective cities and counties is essential to the safety, care, and welfare of the people thereof in the event of a major emergency or disaster. The Directors of Coordinators of Emergency Management of all party cities and counties shall constitute a committee to formulate plans and take all necessary steps for the implementation of this agreement. Such planning shall incorporate the use of resources, including personnel, equipment, and supplies necessary to provide mutual aid. SECTION 2. RESPONSIBILITIES It shall be the duty of each party city or county to formulate emergency management plans and programs for application within such city or county. There shall be frequent consultation between the representatives of the cities and counties with the State of Texas and the free exchange of information and services. In carrying out such emergency plans and programs, the party cities and counties shall, so far as possible, provide and follow uniform standards, practices and rules and regulations including: (a) Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith: (b) Shutting off water mains,gas mains, electric power connections and the suspension of all other utility services: (c) Selection of all materials or equipment used or to be used for emergency management purposes to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party city or county; (d) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to exercises or disasters; (e) The safety of public meetings or gatherings. Any party city or county requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof, provided that it is understood that the city or county rendering aid may withhold resources to the extent necessary to provide reasonable protection for such city or county. Each party city or county while operating within its city or county limits under the terms and conditions of this agreement, the same powers (except that of arrest unless specifically authorized by the receiving city or county), duties, rights, privileges and immunities as if they were performing their duties in the city or county in which normally employed or rendering services. Emergency management forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency management authorities of the city or county receiving assistance. All requests for mutual aid under this agreement shall be made through the State Disaster District organization and that organization will serve as a channel through which outside aid will be dispatched. SECTION 3. LIABILITY No party city or county or its officers or employees rendering aid in another city or county pursuant to this agreement shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith. SECTION 4. SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the arrangements for mutual aid among two (2) or more cities or counties may differ from that appropriate among other cities or counties party hereto,this instrument contains elements of a broad base common to all cities and counties, and nothing herein contained shall preclude any city or county from entering into supplementary agreements with another city or county or cities or counties. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical care, fire, police, public utility, reconnaissance, welfare,transportation and communications personnel,equipment and supplies. SECTION 5. COMPENSATION Each party city or county shall provide for the payment of compensation and death benefits to injured members of the emergency management forces of that city or county and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this agreement, in the same manner and on the same terms as if the injury or death were sustained within such city or county. SECTION 6. FINANCE Any parry city or county rendering aid in another city or county pursuant to this agreement shall be reimbursed by the party city or county receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests; provided, that any aiding party city or county may assume in whole or in part such loss damage expense, or other cost, and provided further that any two (2) or more parry cities or counties may enter into supplementary agreements establishing a different allocation of costs as among those cities or counties. SECTION 7. SEVERABILITY This agreement shall constitute in force and remain binding on each party city and county until the City Council or Commissioner's Court of such party city or county takes action to withdraw therefrom. Such action shall not be effective until 90 days after notice thereof has been sent by the Emergency Management Director of the party city or county desiring to withdraw to the Emergency Management Director of all other party cities or counties. This agreement shall be construed to effectuate the purpose stated in Section 1, hereof. If any provision of this agreement is declared unconstitutional, or the applicability thereof to any persons or circumstances is held invalid, the constitutionality of the remainder of the agreement and the applicability thereof to other persons and circumstances shall not be affected thereby. SECTION 8. APPLICABILITY This agreement shall become operative immediately upon its approval by any city or county as between it and any other city or county or cities or counties so ratifying. Duly authenticated copies of this agreement and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party cities and counties and with the Division of Emergency Management and other appropriate agencies of the Sate of Texas. This agreement shall become binding and obligatory when it shall have been signed by the Mayor and/or County Judge of the respective cities and counties enumerated in this agreement; when it shall have been approved by the City Council and/or Commissioner's Court of each city or county. Mayo Mayor City of Groves City of Beaumont Date 7'/ 5-- Date 7 July 30, 2002 Council consider approval of the purchase of 38 bus passenger shelters City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 16, 2002 REQUESTED ACTION: Council approval to award a bid for the purchase of 38 bus passenger shelters. RECOMMENDATION Administration recommends award of a bid in the amount of $64,610 to Handi-Hut, Inc. of Clifton, New Jersey for the purchase of 38 bus passenger shelters. BACKGROUND Bids were previously accepted for the purchase of 40 shelters without an option to buy additional units if desired. Additional grant funds are available from the U.S. Department of Transportation (USDOT) to purchase more shelters which are needed throughout the City. The shelters will replace deteriorated units currently in service and provide shelters at bus stops which have been unsheltered in the past. The shelters were specified in two sizes to accomodate the usage rates at various stops. Installation will be performed by Beaumont Municipal Transit personnel. Delivery is expected within 45 days, and subsequent installation will be performed within approximately 90 days. Bid notices were provided to seven (7) vendors, with five (5) responding with bids. The bids received are reflected in the attached bid tabulation. BUDGETARY IMPACT Funds for this expenditure are provided for in the following manner: $51,688 in a grant from the USDOT, and the City's 20% matching share of$12,922 from the Municipal Transit Fund. Purchase of 38 Bus Passenger Shelters July 16, 2002 Page 2 PREVIOUS ACTION Council approved the purchase of 40 bus passenger shelters on June 18, 2002 at the following unit prices: $1,586 for thirty (30) small shelters, and $2,770 for ten (10) large shelters. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Handi-Hut, Inc. in the amount of$64,610 for the purchase of 38 bus passenger shelters. Purchase of 38 Bus Passenger Shelters July 16, 2002 Page 3 Vendor Delivery Unit Cost-Small Unit Cost- Large Total Bid Time Shelter(32) Shelter(6) Amount Handi-Hut, Inc. 45 days $1,540/ea. $2,555/ea. $64,610 Clifton.NJ Brasco International, Inc. 80-105 $1,527/ea. $2,693 /ea. $65,022 Detroit, MI days Duo-Gard Industries 45-75 $1,524/ea. $2,719/ea. $65,082 Canton, MI days Columbia Equip. Co., Inc. 60-90 $1,815/ea. $3,070/ea. $76,500 Jamaica,NY days Neon Electric Corporation 75 days $2,310/ea. $4,309/ea. S99,774 Houston.TX 8 July 30,2002 PUBLIC HEARING: Dilapidated Structures ::UUE. ! City of Beaumont Council Agenda Item 'A � g TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 23, 2002 REQUESTED ACTION: Council consider after public hearing to declare the following twenty-seven (27) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. 1. 2350 Beatrice 12. 3630 Highland (Commercial) 2. 2320 Cable 13. 4195 Ironton 3. 5840 Cole Road 14. 1650 Ives (Multi-Dwelling) (2) 4. 1835 Corley (Commercial) 15. 1055 Long (Garage) (2) 5. 2642 Cox 16. 1108 McFaddin 6. 440 E. Delaware 17. 5679 Mel Sha Lane 7. 2005 Fillmore 18. 3990 Ogden 8. 1635 Gilbert (3) 19. 3990 Ogden (Garage Apartment) 9. 2560 Grand 20. 3380 Roland Road 10. 1545 Harriot 21. 1498 Sabine Pass (Commercial) 11. 2970 Hebert 22. 1245 Sherman 23. 1415 Sherman 26. 3365 Westmoreland 24. 1812-14 Tilson (1) 27. 3375 Westmoreland 25. 3440 West Lane (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION That City Council condemn these twenty-seven(27) structures and order owner to raze within ten (10) days. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure because they have deteriorated such that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Clean Community Department and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Clean Community Department will demolish or cause to be demolished said structures. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to condemn and raze the above listed dangerous structures. REQUESTED ACTION: Council consider after public hearing a raze or repair order on the following seven (7) structures. 28. 823 Alma (Multi-Dwelling) (2) 32. 2025 Ives (1) 29. 8230 Broussard (Front) 33. 4565 Pershing (Apartment) (1) 30. 1177 Caldwell 34. 3840 Travis 31. 4436 '/z Highland (Commercial) (*) Indicates number of times structure has been enrolled in work program. RECOM IENDATION Owner to be issued an order to raze or repair structure within a specified time. Owner must immediately enroll in a work program following Council's specified order of time for compliance. BACKGROUND These structures were inspected and found to be substandard and not meeting City code requirements, but could be rehabilitated. BUDGETARY IMPACT None at this time. PREVIOUS ACTION The above structures were issued notification of being substandard as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Staff will enroll owner in a work program and monitor work for allotted time granted by Council. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to enroll in a work program and make repairs to structure within time period allotted by Council. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 2350 Beatrice 18. 3990 Ogden 2. 2320 Cable 19. 3990 Ogden (garage apartment) 3. 5840 Cole Road 20. 3380 Roland Road 4. 1835 Corley (commercial) 21. 1498 Sabine Pass (commercial) 5. 2642 Cox 22. 1245 Sherman 6. 440 E. Delaware 23. 1415 Sherman 7. 2005 Fillmore 24. 1812-14 Tilson 8. 1635 Gilbert 25. 3440 West Lane 9. 2560 Grand 26. 3365 Westmoreland 10. 1545 Harriot 27. 3375 Westmoreland 11. 2970 Hebert 28. 823 Alma (multi-dwelling) 12. 3630 Highland (commercial) 29. 8230 Broussard (front) 13. 4195 Ironton 30. 1177 Caldwell 14. 1650 Ives (multi-dwelling) 31. 4436'2 Highland (commercial) 15. 1055 Long (garage) 32. 2025 Ives 16. 1108 McFaddin 33. 4565 Pershing (apartment) 17. 5679 Mel Sha Lane 34. 3840 Travis to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont,Texas, and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 2350 Beatrice 15. 1055 Long (garage) 2. 2320 Cable 16. 1108 McFaddin 3. 5840 Cole Road 17. 5679 Mel Sha Lane 4. 1835 Corley (commercial) 18. 3990 Ogden 5. 2642 Cox 19. 3990 Ogden (garage apartment) 6. 440 E. Delaware 20. 3380 Roland Road 7. 2005 Fillmore 21. 1498 Sabine Pass (commercial) 8. 1635 Gilbert 22. 1245 Sherman 9. 2560 Grand 23. 1415 Sherman 10. 1545 Harriot 24. 1812-14 Tilson 11. 2970 Hebert 25. 3440 West Lane 12. 3630 Highland (commercial) 26. 3365 Westmoreland 13. 4195 Ironton 27. 3375 Westmoreland 14. 1650 Ives (multi-dwelling) If the property owners fail to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings execute a work program with the City within ten (10) days of the date of this ordinance and either demolish or repair the structures within days after the date of this ordinance: 28. 823 Alma (multi-dwelling) 32. 2025 Ives 29. 8230 Broussard (front) 33. 4565 Pershing (apartment) 30. 1177 Caldwell 34. 3840 Travis 31. 4436%2 Highland (commercial) If the property owner(s) fail(s) to comply within days, Council orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30"day of July, 2002. - Mayor - QI!k� OL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 30, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes Confirmation of committee appointments A) Approve a resolution deleting Stephen J. Bonczek as authorized signatory on all City accounts and deleting such authority to request electronic fund (wire) or ACH transfers of any and all City funds on deposit at Hibernia National Bank B) Authorize the granting of a License to Encroach to 11`h Street Properties/C. W. Conn into the City's 60' Sawyer Street Right of Way C) Authorize the acceptance of a 10' wide Water Line Easement across the Cathedral in the Pines Christian Center property on State Highway 105, Daniel Easley Survey, Abstract No. 20 D) Authorize the acceptance of a 1.108 acre tract of land conveyed to the City of Beaumont by the Beaumont Independent School District for street right of way as part of the Phelan Boulevard Extension Project E) Authorize the settlement of the lawsuit of Deborah Edwards v. City of Beaumont, et al A City of Beaumont Council Agenda Item A : . • ' K g TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 24, 2002 REQUESTED ACTION: Council consider a resolution deleting Stephen J. Bonczek as authorized signatory on all City accounts and deleting such authority to request electronic fund (wire) or ACH transfers of any and all City funds on deposit at Hibernia National Bank. RECOMMENDATION The administration requests approval to delete Stephen J. Bonczek as authorized signatory on all city accounts. Signatories on all other City of Beaumont accounts for banking or investment purposes shall remain unchanged. BACKGROUND Stephen J. Bonczek, Kandy Daniel and Kyle Hayes are currently authorized as signatories on City accounts. Stephen J. Bonczek, Kandy Daniel, Kyle Hayes and Nada Rogers are currently authorized to request electronic fund (wire) or ACH transfers of any and all City funds on deposit at Hibernia National Bank. BUDGETARY IMPACT None. PREVIOUS ACTION Beverly Hodges was deleted as authorized signatory on City accounts on February 26, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY Interim City Manager and Treasurer. RECOMMENDED MOTION Approve/Deny a resolution deleting Stephen J. Bonczek as authorized signatory on all City accounts and deleting such authority to request electronic fund(wire)or ACH transfers of any and all City funds on deposit at Hibernia National Bank. B City o f Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 24, 2002 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to 11th Street Properties/C.W. Conn into the City's sixty (60) foot Sawyer Street Right of Way. RECOMMENDATION The encroachment is a commercial building encroaching four (4) feet and nine (9) tenths into the City's sixty (60) foot Sawyer Street Right of Way for a distance of 85.20 feet. The property is located at 195 N. 11 th Street and is described as being Plat C6,Tract 62,of the N.Tevis Survey,Ab. 52. The administration recommends authorization to grant a License to Encroach. BACKGROUND The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution granting a License to Encroach to 11th Street Properties/C.W. Conn into the City's sixty (60) foot Sawyer Street Right of Way. 195NI ITI1/JLD LICENSE TO ENCROACH STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and 11th Street Properties/C.W. Conn, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Encroachment being onto the City's sixty(60) foot Sawyer Street right-of-way which is described as Plat C6, Tract 62, N. Tevis Survey, Ab. 52. A commercial building is encroaching 4.90 feet for a distance of 85.20 feet into the said sixty (60) foot Sawyer Street right-of-way. The property is located at 195 N. 11th Street. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety Page 1 of 4 code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs,judgements or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Page 2 of 4 This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the Engineering Technician, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee shall be sufficient if mailed or hand delivered to the Property Owner at 195 N. 11 th Street, Beaumont, Texas 77702. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of ) 2002. LICENSOR CITY OF BEAUMONT By: Kyle Hayes Interim City Manager LICENSEE 11th Street Properties/C.W. Conn Page 3 of 4 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the_day of , 2002, by Kyle Hayes, Interim City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2002, by_ Notary Public, State of Texas RETURN TO: City of Beaumont Diane Newsome P. O. Box 3827 Beaumont,Texas 77704 880-3725 encroach'd 95N 1 I.lic Page 4 of 4 SUBJECT OCTOR LONG x EXHIBIT "A" RRIS N H ZEL N TH LICENSE TO ENCROACH M FAD St. x _ _ INTO Elizabeth F- M AD IN HOSOtot o Q /ALDER SAWYER STREET RIGHT-OF-WAY B ADWAY PLAT CO, TRACT,62, LIE L RT [IBERT"0D ~ N.TEV13 SURVEY, ABSTRACT 62 N ILA URE ( 196 N. 11TH STREET ) SO " Of I I SOUTH PE w r EC S N LINA ti o 0 wANGELINN 4 x o x A a RUSK MART f ^ CEDAR W CEDA OWNER: 11TH STREET PROPERTIES N 51? MP R C.W. CONN LEGEND LOCATION MAP N.T.S. 0 SUBJECT PROPERTY NAIL SET IN ASP". LAUREL AVENUE 'X' IN CONC. 60' R.❑.W 25.8 4.60 LIJ ~ W W� W I- ry V) CONN'S APPLIANCE r z w L,J 3 W Q J V) W 25.5 4.90 c Cit y of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 23, 2002 REQUESTED ACTION: Council consider a resolution authorizing the acceptance ofa 10' wide Water Line Easement across the Cathedral in the Pines Christian Center property on State Highway 105, Daniel Easley Survey, Abstract No. 20. RECOMMENDATION The Cathedral in the Pines Christian Center has donated a 10' Water Line Easement across their property on State Highway 105. Administration recommends authorization to acquire the above named property. BACKGROUND This easement is needed to provide service to the proposed Deerfield Subdivision located on the adjacent property and will also provide service for future expansion of the facilities on the Cathedral in the Pines Christian Center property. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny resolution authorizing the acceptance of a 10'wide Water Line Easement across the Cathedral in the Pines Christian Center property on State Highway 105, Daniel Easley Survey, Abstract No. 20. deerfield jld SUBJECT SPURLOCK 10' WATER LINE EASEMENT �f�dti A�FN N W - v OUT OF DANIEL EASLEY - '�r - SURVEY ABSTRACT 20 W OWNER } 105 _ S WINDEME CATHEDRAL IN THE PINES TOLIVAR CHRISTIAN CENTER } Li J F Li rJ. W Q a PO SHEILA JOYCE JL LIE LOCATION MAP LEGEND N.T.S. ® SUBJECT PROPERTY J J BLOC( BLOOe (D •NWVM REWO 1N S10Bp1 �DEE ZELD DEVELOPMENT L P DON STREETY +OAR ACRD C ENTERPRISES,INC • ees°J •BBi .S•IN A06 QNJBINL Ol utm rlr DNC7) �N•L[at;IN•E J!g w Ol BtAUw w sNAn se czar Re%•n•r•aely w sw NBfI-OFw ! • l C—DEERFIELD–��®w Fps"ONE WVW QLF SUBS W. r--- No o Boo t° w (tax.m GIs" m".m 0-00" + S sr3r4' N q9'•r E N ww?r[ gaur N ODOI'71'r ,plm' 14-7- 10OD' N JJQBY W50x 5 OODI 11 E N t> M'E COY D N9YBoMC MAW NO® w NOD ur Cow =OF WALGOW A-vmmmv w DlJlBB NOD Lw 0w p 0.078ACRES ,r I <=--CA THEDRAL IN THE PINES CHRISTUN CENTER{INC II" z+ae AM Z m".m Ba-w+9 /aseao rats! tees.NR r-� W 0 Q W r d e d y N 0) Q N a a w U N.T.S. D City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 23, 2002 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 1.108 acre tract of land conveyed to the City of Beaumont by the Beaumont Independent School District for street right of way as part of the Phelan Boulevard Extension Project. RECOMMENDATION The Beaumont Independent School District has conveyed a 1.108 acre tract of land to the City of Beaumont on property described as being out of the A. Houston Survey, Jefferson County, Texas, and located on the West Brook High School campus. The administration recommends acceptance of the above named 1.108 tract of land. BACKGROUND This property is needed for the widening of the Phelan Boulevard Extension. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny resolution authorizing the acceptance of a 1.108 acre tract of land conveyed to the City of Beaumont by the Beaumont Independent School District for street right of way as part of the Phelan Boulevard Extension Project. bird-phelan/jld SUBJECT OU HME ❑ Sail s ANION NANI❑N <' COURT E IENVIL E �E SO' RIGHT OF WAY P�Py � WW �3 z a OUT OF A. HOUSTON 36 SURVEY ABSTRACT SS OWNER: P RR BEAUMONT INDEPENDENT McLEAN Z BROUN OVERHILL SCHOOL DISTRICT a = SHEPHERDw z RAEBUR Z W REST- LLIS❑N u GARDNER Lj W 4 WAY EL I w y JOSEY N "^ _ EY DGTY STE 5TA 4 REE IDGE RIGGS Park,eriste oste �Sky Iry i d r GRGSS a x Z j¢ W W L❑CATI❑N MAP LEGEND N.T.S. ® SUBJECT PROPERTY I � x WEST BROOK HIGH SCNOOL .kb X17 o� m 3 CALOER Aff ` ¢ G] �• /O . y' �• W o L L7 Q ° Lu a wN iV My c Q0 Q) ma- all U N,T,S, E Cit of Beaumont . ! y M "� Council Agenda Item TO: City Council FROM: Kyle Hayes, Interim City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: July 30, 2002 AGENDA MEMO DATE: July 24, 2002 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of Deborah Edwards v. City of Beaumont, et al RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit of Deborah Edwards v. City of Beaumont, et al. BACKGROUND Council discussed the settlement of this lawsuit in executive session Tuesday, July 23, 2002. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of Seventy- Five Thousand Dollars ($75,000). PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the lawsuit settlement of Deborah Edwards v. City of Beaumont, et al. S:\AGENDA\AGENDA ITEM MEMOS\lawsuit settlement