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Home My WebLink AboutPACKET OCT 15 2002 AL9- 0j, City of Beau' rnont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 15, 2002 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition x Public Comment: Persons may speak on scheduled agenda items Consent Agenda GENERAL BUSINESS 1. Consider approving a resolution authorizing the City Manager to execute a cooperative agreement with the United States Environmental Protection Agency (U.S. EPA Region 6) 2. Consider approval of a one year contract with the Art Museum of Southeast Texas 3. Consider approval of a one year contract with the Southeast Texas Arts Council (SETAC) 4. Consider approval of a one year contract with the Texas Energy Museum 5. Consider approval of a one year contract with the Beaumont Heritage Society/John Jay French Museum 6. Consider amending Ordinance No. 02-078 relating to the structure located at 5029 Shelley Drive 7. Consider amending Ordinance No. 02-034 relating to the structure located at 1050 Steve Drive 8. Consider approval of an increase to the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-V for"extra work" 9. Consider approval of the purchase of three 2003 Ford Expeditions for use in the Police Department WORK SESSION * Discuss a proposed lease agreement related to indoor professional football at the Civic Center 10. Consider approval of a lease agreement for the rental of Civic Center Facilities related to indoor professional football COMMENTS * Councilmembers comment on various matters * Public Comment(Persons are limited to three minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Lisa Jardine v City of Beaumont/Beaumont Police Department * 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 Attorney 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. I October 15,2002 Consider approving a resolution authorizing the City Manager to execute a cooperative agreement with the United States Environmental Protection Agency(U.S. EPA Region 6) �VO%w f Beaumont City o .M0,1171LORIM137-33 EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 7, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a cooperative agreement with the United States Environmental Protection Agency (U.S. EPA Region 6). RECOMMENDATION Administration recommends approval of a cooperative agreement with the United States Environmental Protection Agency (U.S. EPA). The project will rehabilitate the Howell/Yount outfall sewer to recapture its flow capacity, increase reliability, and prevent overflows. Total cost for the proposed improvements is estimated to be $855,455. Fifty-five percent (55%) of all approved costs incurred, up to but not exceeding $470,500, will be provided by the U.S. EPA. The City's cost is $384,955. BACKGROUND In June 2002 Water Utilities staff met with the U.S. EPA Region 6 staff in Dallas. The purpose of the meeting was to present the sanitary sewer project and justify the need in order to secure funds. The U.S. EPA Region 6 staff was very supportive of the project. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Division Capital Improvement Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to execute a cooperative agreement with the United States Environmental Protection Agency (U.S. EPA). AgendaEPAsk.wpd October 7,2002 XP-97617601 -0 Page 1 ASSISTANCE ID NO. ',060a4%, U.S. ENVIRONMENTAL PRG I DOCID JAMEND# DATE OF AWARD A PROTECTION AGENCY XP - 97617601 - 0 SEP 1 2 2002 4 TYPE OF ACTION MAILING DATE New SEP 1 9 2002 Cooperative Agreement PAYMENT METHOD: ACH# Reimbursement RECIPIENT TYPE: Send Payment Request to: Municipal Grants Management Office(6MD-RX) RECIPIENT: PAYEE: City of Beaumont City of Beaumont P.O.Box 3827 P.O.Box 3827 Beaumont,TX 77701 Beaumont,TX 77701 EIN: 74-6000278 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Joseph G.Majdalani P.E. Henry Liao Jeraldine Englerth 1350 Langham Road 1445 Ross Avenue,6WQ-AP Grants Management Office,6MD-RX Beaumont,TX 77707 Dallas,TX 75202-2733 E-Mail: Englerth.Jeraldine @epa.gov E-Mail: jmajdalaniOci.beaumont.tx.us E-Mall: Llao.Henry0epa.gov Phone:214-665-7402 Phone:409-866-0026 Phone:214-665-7149 PROJECT TITLE AND DESCRIPTION City of Beaumont,Texas Water and Wastewater Infrastructure Improvements. Rehabilitation of the Howell/Yount Outfall Sewer.The project will rehabilitate the Howell/Yount outfall sewer to recapture its flow capacity,insure service reliability and prevent overflows. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01/2002 - 10/30/2005 10/01/2002 - 10/30/2005 $855,455.00 1 $855,455.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time,may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official,which the Award Official determines to materially alter the Agreement,shall void the Agreement. OFFER AND ACCEPTANCE The United States,acting by and through the U.S.Environmental Protection Agency(EPA),hereby offers Assistance/Amendment to the City of Beaumont for 55.00 %of all approved costs Incurred up to and not exceeding $470.500 for the support of approved budget period effort described in application(including all application modifications)cited in the Project Title and Description above,signed 07/19/2002 Included herein by reference. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS Management Division,6MD-RX U.S.EPA,Region 6 Fountain Place 1445 Ross Avenue 1445 Ross Avenue Dallas,TX 75202-2733 Dallas,TX 75202-2733 HE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY SIGNATIJRE OF A AFB 7L!FICIAL TYPED NAME AND TITLE pAT,E2 2,��,� -t/ Miguel I.Flores,Director,Water Quality Protection Division r 1 Thi reement is subject to applicable U.S.Environmental Protection Agency statutory provisions and assistance regulations. In ac a ting this award or amendment and any payments made pursuant thereto,(1)the undersigned represents that he is duly a orized to act on behalf of the recipient organization,and(2)the recipient agrees(a)that the award is subject to the applicable provisions of 40 CFR Chapter 1,Subchapter B and of the provisions of this agreement(and all attachments),and(b)that acceptance of any payments constitutes an agreement by the payee that the amounts,if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE Stephen-L-Bonczek,City Manager Kyle Hayes. EPA Funding Information XP-97617601 -0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $470,500 $470,500 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $384,955 $384,955 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $855,455 $855,455 Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.606-Surveys-Studies-Investigations-Specl Appropriations Act of 2002(PL 107-73) 40 CFR PART 31 Fiscal Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation WE0018 02 E4 065KQF3 20301B 4183 470,500 470,500 XP-97617601 -0 Pape 3 Bud et Summary Page Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1.Personnel $0 2.Fringe Benefits $0 3.Travel $0 4.Equipment $0 5.Supplies $0 6.Contractual $0 7.Construction $855,455 8.Other $0 9.Total Direct Charges $855,455 10.Indirect Costs: % Base $0 11.Total(Share: Recipient 45M% Federal 55M%.) $855,455 12.Total Approved Assistance Amount $470,500 13.Program Income $0 t XP-97617601 -0 Paqe 4 Administrative Conditions This Assistance Agreement is awarded in accordance with the Federal Grants and Cooperative Agreement Act of 1977. Areas of substantial EPA involvement, beyond the normal exercise of performance evaluation and program review, have been detailed in specific output objectives which resulted from negotiation between EPA and the recipient. These areas are included in the application for this award and have become a part of this Agreement. 1. The recipient covenants and agrees that it will expeditiously initiate and timely complete the project work for which assistance has been awarded under this Agreement, in accordance with all applicable provisions of 40 CFR Chapter 1,Subchapter B. The recipient warrants, represents, and agrees that it and all its contractors, employees and representatives, will comply with all APPLICABLE provisions of 40 CFR Chapter 1,Subchapter B, INCLUDING BUT NOT LIMITED TO the provisions of 40 CFR Parts 31,32,34,and 35. This award may be reduced or terminated at such time the recipient fails to comply with the program objectives, grant award conditions, or Federal reporting requirements. 2. Recipient standards of administration,property management, procurement and financial management, as well as records and facilities of recipients, their contractors and subcontractors are subject to audit and inspection by the Comptroller General of the United States and the U.S. Environmental Protection Agency in accordance with Office of Management and Budget(OMB) Circulars A-87, A-102, A-110, A-133 and 40 CFR Part 31. The recipient's standards governing procurement will be in accordance with 40 CFR, Part 31.36 and OMB Circular A-102. The recipient shall maintain a financial management system which meets the requirements of 40 CFR Part 31.20. 3. In accordance with the requirements contained in Section 6002 of the Resources Conservation and Recovery Act (RCRA),42 USC 6962, the recipient is required to purchase items containing recovered materials. These requirements apply when the recipient purchases more than $10,000 each Fiscal Year of any item covered by the following procurement guidelines including: paper and paper products (40 CFR Part 250); lubricating oil containing re-refined oil (40 CFR Part 252); retread tires (40 CFR Part 253); building insulation products (40 CFR Part 248) and cement and concrete containing fly ash (40 CFR Part 249). EPA publication PROCUREMENT GUIDELINES FOR GOVERNMENT AGENCIES dated December, 1990 (EPA/530-SW-91-011) provides specific recommendations for the implementation of these requirements. 4. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to EPA. This requirement does not apply to standard forms which are printed on recycled paper when available through the General Services Administration. 5. In accordance with 40 CFR Part 31.41, the recipient shall submit an annual Financial Status Report (FSR),Standard Form 269 or 269A,to: Grants Team (6MD-RX) U. S. Environmental Protection Agency, Region 6 1445 Ross Avenue Dallas, Texas 75202-2733 The final Financial Status Report (FSR) is due on or before 90 days after the end of the budget period. In accordance with Agency policy, all project expenditures reported by the recipient shall be deemed to include both the Federal and recipient share of the expenditures. For construction grants when required in accordance with 40 CFR Part 31.41(e)(2)(iii), the Federal agency may substitute the Financial Status Report specified in Part 31.41(b) for the Outlay Report and Request for Reimbursement, Standard Form 271. 6. The recipient agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds, complies with the Hotel and Motel Fire Safety Act of 1990. 7. Under the Paperwork Reduction Act of 1980, Office of Management and Budget(OMB) clearance must be obtained prior to collecting information from 10 or more persons and will use EPA's name while collecting the information under this project. The term "person" means an individual, partnership, association, corporation, business, trust, or legal representative, an organized group of individuals, a State, territorial, or local government or branch thereof, or a political subdivision of a State, territory, or local government or a branch of a political subdivision. The EPA Project Officer is responsible for requesting clearance from OMB. 8. In accordance with OMB Circular A-21, A-87, or A-22, as appropriate, the recipient agrees that it will not use project funds, including the Federal and non-Federal share, to engage in lobbying the Federal Government or in litigation against the United States. The recipient also agrees to provide the information mandated by EPA's annual appropriations acts for fiscal years 2000, 2001 and 2002 (PL 106-74, Section 426 and PL 106-377, Section 424 respectively) which require as follows: "A chief executive officer of any entity receiving funds under this Act shall certify that none of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless f authorized under existing law." The recipient may satisfy this certification requirement in any reasonable manner. The certification must be submitted to EPA after all grant funds have been expended." 9. In accordance with OMB Circular A-133, the recipient shall obtain a single audit if it expends $300,000 or more a year in federal awards. 10. The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements: a. The recipient accepts the applicable FY 2002 Minority Business Enterprise (MBE)/Women's Business Enterprise (WBE) "fair share" goals/objectives negotiated with EPA by the Texas Water Development Board as follows: MBE: CONSTRUCTION-10.3%;SUPPLIES-5%;SERVICES-11.5%;EQUIPMENT-5% WBE: CONSTRUCTION-5.9%;SUPPLIES-7.6%;SERVICES-14.5%;EQUIPMENT-7.6% If the recipient wishes to negotiate their own FY 2002 MBE/WBE goals, the recipient must submit proposed MBE/WBE goals based on an availability analysis, or, at their option, a disparity study, of qualified MBEs and WBEs to do the work in the relevant market for construction, services, supplies and equipment. The recipient agrees to submit proposed "fair share" objectives, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 30 days of award. EPA will conclude "fair share" negotiations within 30 days of receiving the submission. Once EPA approves the objectives, the recipient agrees to apply them in accordance with paragraphs 1.(b)-(f). b. (1) The recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organization owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. (2) For assistance agreements related to research under the Clean Air Act Amendments of 1990, the recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women, disabled Americans, Historically Black Colleges and Universities, Colleges and Universities having a student body in which 40% or more of the students are Hispanic, minority institutions having a minority student body of 50% or more, and private and voluntary organizations controlled by individuals who are socially and economically disadvantaged. c. The recipient agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. d. The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR, Section 30.44(b), 40 CFR Section 31.36(e), or 40 CFR Section 35.6580, as appropriate, and f retain records documenting compliance. e. The recipient agrees to submit an EPA form 5700-52A "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitted to the Regional MBE/WBE Coordinator within 30 days of the end of the Federal Fiscal quarter(January 30, April 30,July 30, and October 30). For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, the recipient agrees to submit an EPA form 5700-52A to the Regional MBE/WBE Coordinator by October 30 of each year. f. If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the "fair share" objectives. 11. The recipient also agrees and is required to utilize the six affirmative steps if a contract is awarded under this agreement relative to small businesses in rural areas (SBRAs) in compliance with Section 129 of Public Law 100-50, 40 CFR Section 30.44(b) and 40 CFR Section 31.36(e). 12. EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the recipient fails to comply with the MBE/WBE terms and conditions. 13. In accordance with 40 CFR Part 30.27, EPA participation in the salary rate (excluding overhead) paid to individual consultants is limited to the maximum hourly rate for a level 4 of the Executive Schedule, which is currently approximately$62.29 per hour(2002). 14. The Federal share of allowable expenditures chargeable to this Agreement will be financed by the REIMBURSEMENT PAYMENT METHOD in accordance with 40 CFR Part 31.21 or 30.22 as applicable. The recipient shall request payments on the enclosed Standard Form 270, Request for Advance or Reimbursement; or Standard Form 271, Outlay Report and Request for Reimbursement for Construction Programs. As the recipient incurs expenditures under this Agreement, the recipient may submit a request for payment monthly, but shall submit requests at least quarterly. These requests will report cumulative expenditures incurred under the Agreement. EPA will make payments for allowable expenditures at the ratio shown in the latest Agreement. Programmatic Conditions 1. This award is subject to applicable Federal crosscutting laws and authorities as well as EPA, Office of Wastewater Management,policy guidance dated February 28, 2001. 2. By accepting this grant, the grantee, the City of Beaumont, Texas, agrees that no construction activities should be initiated before the EPA completes the environmental review and authorizes to do so. 3. The EPA Region 6 "Supplemental Conditions for Federally Assisted Water and Wastewater Treatment Facilities" (Pink Sheet) must be included in all construction contract bidding documents, and shall control where a conflict arises with other contract provisions. Certain provisions also pertain to professional services contracts, and these provisions must be applied as appropriate. 4. By accepting this grant, the grantee, the City of Beaumont, Texas, agrees that it must expeditiously initiate and complete the project in accordance with the following schedule: Number of Months From Grant Award Date Tasks 3 Submit the applicable Facilities Plan and the Environmental Document. 6 Submit Plans and Specifications 9 Advertise for bids for construction 12 Start construction 24 Complete construction - 25 Initiate operation 37 Certify the project performance 5. The budget construction elements are classified as follows: (1) Administrative Expense $0 (2) Preliminary Expense 0 (3) Land structures, Right-of-Way 0 (4) Architectural Engineering Basic Fees 0 (5) Other Architectural Engineering Fees 0 (6) Project Inspection Fees 0 (7) Land Development 0 (8) Relocation Expense 0 (9) Relocation Payments to Individuals and Business 0 (10) Demolition and Removal 0 (11) Construction and Project Improvement 855,455 (12) Equipment 0 (13) Miscellaneous 0 (14) Total 855,455 (15) Estimated Income 0 (16) Net Project Amount 855,455 (17) Less: Ineligible Exclusions 0 (18) Add: Contingencies 0 (19) Total (Share: Recipient 45% Federal 55 %) 855,455 (20) Total Approved assistance Amount 470,500 r 2 October 15,2002 Consider approval of a one year contract with the Art Museum of Southeast Texas LIWICCity of Beaumont ouncil A� Agenda Item W g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 9, 2002 REQUESTED ACTION: Consider authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$175,000. RECOMMENDATION The Administration recommends funding the Art Museum of Southeast Texas (AMSET) $175,000 for FY 2003 from Hotel Occupancy Tax and General Funds. BACKGROUND The City of Beaumont (City) and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations, assistance with grounds keeping and garbage removal. In return AMSET is open to the general public and strives to provide programs and services to the entire community. Approximately 60,000 children and adults participate in Art Museum activities each year. The City is entitled to utilize a portion of its revenues derived from the hotel-motel occupancy tax to promote the arts. BUDGETARY IMPACT Funds are available in the FY 2003 budget with $50,000 funded through the Hotel Occupancy Tax Fund and $125,000 funded with general revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. AMSET October 9, 2002 Page 2 RECOMMENDED BY: City Manager and Budget Officer. RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$175,000. 3 October 15, 2002 Consider approval of a one year contract with the Southeast Texas Arts Council(SETAC) City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 9, 2002 REQUESTED ACTION: Consider authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of$99,000, with $80,000 funded through the Hotel Occupancy Tax Fund and $19,000 funded with general revenues. RECOMMENDATION The Administration recommends funding the Southeast Texas Arts Council $99,000 for FY 2003 from the Hotel Occupancy Tax and General Funds. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to distribute 80% of its contract payment to organizations like the Young Audiences of America, the Beaumont Civic Ballet and the Symphony of Southeast Texas. The remaining 20% is used for operating expenses. BUDGETARY IMPACT Funds are available in the FY 2003 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Budget Officer. SETAC October 9, 2002 Page 2 RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of$99,000, with $80,000 funded through the Hotel Occupancy Tax Fund and $19,000 funded with general revenues. 4 October 15,2002 Consider approval of a one year contract with the Texas Energy Museum 1U7S-:j City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 9, 2002 REQUESTED ACTION: Consider authorizing a one year contract with the Texas Energy Museum in the amount of$80,000 out of the Hotel Occupancy Tax Fund. RECOMMENDATION The Administration recommends funding the Texas Energy Museum, $80,000 for FY 2003 from Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. BUDGETARYIMPACT Funds are available in the FY 2003 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Budget Officer. Texas Energy Museum October 8, 2002 Page 2 RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the Texas Energy Museum in the amount of$80,000 out of the Hotel Occupancy Tax Fund. 5 October 15,2002 Consider approval of a one year contract with the Beaumont Heritage Society/John Jay French Museum 11 . City of Beaumont Council Agenda Item 'a 1:1=qTIANET010 ffil 3K,TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 9, 2002 REQUESTED ACTION: Consider authorizing a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of $35,000 out of the Hotel Occupancy Tax Fund. RECOMMENDATION The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum, $35,000 for FY 2003 from the Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored; the home contains furniture and fixtures from the mid 19th century. BUDGETARYIMPACT Funds are available in the FY 2003 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Budget Officer. Beaumont Heritage Society October 9, 2002 Page 2 RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of$35,000 out of the Hotel Occupancy Tax Fund. 6 October 15,2002 Consider amending Ordinance No. 02-078 relating to the structure located at 5029 Shelley Drive ...... Cit y of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Directol,-�_ MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 8, 2002 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 02-078 relating to the structure located at 5029 Shelley Drive. RECOMMENDATION For the Council to review, Administration recommends that the condemnation order for the structure located at 5029 Shelley Drive be reconsidered because the lien holder was not listed on the Jefferson County tax roll and was not properly notified. BACKGROUND This structure was brought before City Council on September 24, 2002 with staff's recommendation of a raze order. The lien holder has now been identified and is asking for reconsideration on the condemnation order given on September 24, 2002 because they have a prospective buyer for the property who desires to rehabilitate it.. BUDGETARY V"ACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze order for this structure on September 24, 2002. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the new owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director at the advice of legal council. RECOMMENDED MOTION Approve/Deny the amendment of Ordinance 02-078 to allow the new property owner to enter a work program to rehabilitate 5029 Shelley Drive. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 02-078 TO REMOVE THE STRUCTURE LOCATED AT 5029 SHELLEY DRIVE FROM SECTION 2 AND ORDER THAT THE OWNER OF THE STRUCTURE AT 5029 SHELLEY DRIVE BE ALLOWED TO ENTER INTO A WORK PROGRAM TO REHABILITATE THE PROPERTY; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 02-078 be and the same is hereby amended by removing 5029 Shelley Drive from Section 2 of said ordinance. 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 building located at 5029 Shelley Drive immediately enter into a work program and either demolish or repair such structure within days of the effective date of this ordinance. If the owners fail or refuse to repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. 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. S:WGENDA\CITY CLERK110-15-02.wpd Section 4. 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 15th day of October, 2002. - Mayor - SAAGENDAUTY CLERK\10-15-02.wpd SUBSTANL IRRD BUILDING INSPEC Y N REPORT CLEAN COMMUNITY CITY OF BEAUMONT 23. DATE REQUESTED September 12002 WARD 4 ADDRESS OF INSPECTION 5029 Shelley Drive ACCOUNT NO. 232219-3100-1 CENSUS TRACT 22 OWNER Steve M Bridges ET UX c/o Hibernia Trust Department ADDRESS P O Box 3928 CITY/STATE (04)-3928 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat E 90' Land Value 3280 Block or Tract TR 44, B t9 Improvement Value 39900 Addition/Survey S Stivers-ABS 51 Total Value 43180 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date December 10, 2001 MAJOR CODE VIOLATIONS: This structure has had water damage There is lots of mold and mildew throughout the structure All damaged or rotten windows and window sills will need to be replaced The patio door is damaged There is extensive foundation problems There is water leakage through a cracked slab and there is severe damage to the flooring. The interior flooring, ceilings and walls have been damaged and will need repairing All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. There is a shed also on the property that has extensive deterioration. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS ti + { J h ti� + C�� I,S •r � dddy �k 'i y AN 6' YCyy Y d` i Y' •�i f - n y a t x+ ff in i .. • Yn�` qy �yy - `r _..��f f� Jul •1!�� 7 October 15,2002 Consider amending Ordinance No. 02-034 relating to the structure located at 1050 Steve Drive ...... City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 8, 2002 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 02-034 relating to the structure located at 1050 Steve Drive. RECON04ENDATION For the Council to review, Administration recommends that the condemnation order for the structure located at 1050 Steve Drive be reconsidered to allow a new property owner to rehabilitate it. BACKGROUND This structure was brought before City Council on May 21, 2002 with staff's recommendation of a raze or repair order. A company has now purchased this property and desires to rehabilitate the structure. BUDGETARY IMPACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze or repair order for this structure on May 21, 2002. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the new owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMI\ENDED MOTION Approve/Deny the amendment of Ordinance 02-034 to allow the new property owner to enter a work program to rehabilitate 1050 Steve Drive. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 02-034 TO REMOVE THE STRUCTURE LOCATED AT 1050 STEVE DRIVE FROM SECTION 6 AND ORDER THAT THE OWNER OF THE STRUCTURE AT 1050 STEVE DRIVE BE ALLOWED TO ENTER INTO A WORK PROGRAM TO REHABILITATE THE PROPERTY; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. ,That Ordinance 02-034 be and the same is hereby amended by removing 1050 Steve Drive from Section 6 of said ordinance. 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 building located at 1050 Steve Drive immediately enter into a work program and either demolish or repair such structure within days of the effective date of this ordinance. If the owners fail or refuse to repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. 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. SAAGENDAUTY CLERK110-15-02.wpd Section 4. 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 15th day of October, 2002. - Mayor- S:WGENDA\CITY CLERK\10-15-02.wpd SUBSTANDARD BUILDING INSPECTfN REPORT CLEAN COMMUNITY CITY OF BEAUMONT 40. DATE REQUESTED May , 2002 WARD 3 ADDRESS OF INSPECTION 1050 Steve ACCOUNT NO. 261420-3500-0 CENSUS TRACT 7 OWNER Capital Reserve Corporation Attn: Bill Lowe ADDRESS 5740 Prospect Ave STE 1020 CITY/STATE Dallas, Tx. 75206-7286 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat PL D20 Land Value 1320 Block or Tract T 50J Improvement Value 17200 Addition/Survey A Williams Total Value 18520 A. Fifty(50)percent deterioration of non-supporting members? YES X NO B. Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date April 30,2001 B11BN € . N ± C3 .t7t�;$I '=1 . 1�T�0Ct :1G1 MAJOR CODE VIOLATIONS: This structure is secured. The windows and doors are boarded with plywood. The exterior doors will need to be replaced. There is a small amount of termite damage to the structure. The interior flooring, ceilings and walls will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Staff is recommending a raze or repair order for this structure. SEE ATTACHED PHOTOS , •S�, p f !,I 1 ` f ��J 1 ! 1 C ( b�' [' v{ is ,tic -♦^ • S t Ix 'kill L ago .e$a. 9 X t d � a FS1r+(Fr<. � � �',. Ii�' • .'°16r�r'��' J'. � ��..��~ j '� h fit;.� ',n�� -�. ,�, � �;,�_ t• ;35 t ,r - 8 October 15,2002 Consider approval of an increase to the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-V for"extra work" City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 7, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-V amount for "extra work." RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-V amount by$53,225 to rehabilitate 950 linear feet of 10-inch sanitary sewer lines, 150 linear feet of 8-inch sanitary sewer lines, 70 linear feet of 6-inch sanitary sewer lines, 40 linear feet of 4-inch sanitary sewer lines, replace 2 manholes and 26 existing service connections on Maddox Street, Calder Avenue and Tolivar Road. BACKGROUND The existing sewer lines built in 1960 have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and provide customers with uninterrupted and adequate service. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Operating Funds. PREVIOUS ACTION Resolution 02-050 in the amount of$535,983.50 was passed by City Council on February 26, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-V amount for "extra work." ContractVsk.wpd October 7,2002 APPROVAL OF CONTRACT CHANGE Change Order No. 1 & Final Date: September 30, 2002 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-V Owner: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Contractor: Horseshoe Construction, Inc. 2309 S. Battleground Road LaPorte, Texas 77571 To the Owner: Approval of Change Order No. 1 is requested. Reason for Change: To increase the contract amount for "extra work" performed by the Contractor to replace 950 linear feet of 10-inch pipe and 23 service lines on Maddox Street, to replace 150 linear feet of 8-inch pipe, 2 manholes, and 3 service lines on Calder Avenue, and to replace 70 linear feet of 6-inch pipe and 40 linear feet of 4-inch pipe on Tolivar Road. ORIGINAL CONTRACT AMOUNT $ 535,983.50 CHANGE ORDER NO. 1 Description Net Change Replace 950 linear feet of 10-inch pipe +L19,925 Replace 150 linear feet of 8-inch pipe + 5,100 Replace 70 linear feet of 6-inch pipe + 4,200 Replace 40 linear feet of 4-inch pipe + 2,000 Replace 2 manholes + 3,600 Replace 26 service lines + 8,400 TOTAL AMOUNT OF CHANGE ORDER NO. 1: + $ 53,225 TOTAL REVISED CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1: $ 589,208.50 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represent full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: je, J4 Joseph G. Majdalani, P.E. City of Beaumont Horseshoe Construction, Inc. Water Utilities Manager Owner Contractor Date: fall ol- Date: Date: 10-aZ• (j Z APPROVAL OF CONTRACT CHANGE Change Order No. 1 &Final Date: September 30, 2002 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-V Owner: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Contractor: Horseshoe Construction, Inc. 2309 S. Battleground Road La Porte, Texas 77571 To the Owner: Approval of Change Order No. 1 is requested. Reason for Change: To increase the contract amount for "extra work"performed by the Contractor to replace 950 linear feet of 10-inch pipe and 23 service lines on Maddox Street, to replace 150 linear feet of 8-inch pipe, 2 manholes,and 3 service lines on Calder Avenue,and to replace 70 linear feet of 6-inch pipe and 40 linear feet of 4-inch pipe on Tolivar Road. ORIGINAL CONTRACT AMOUNT $535.983.50 CHANGE ORDER NO. 1 Description Net Chance Replace 950 linear feet of 10-inch pipe + 29,925 Replace 150 linear feet of 8-inch pipe + 5.100 Replace 70 linear feet of 6-inch pipe + 4.200 Replace 40 linear feet of 4-inch pipe + 2.000 Replace 2 manholes + 3.600 Replace 26 service lines + 8.400 TOTAL AMOUNT OF CHANGE ORDER NO. 1: + $53,225 TOTAL REVISED CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1: $589.208.50 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represent full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: Joseph G. Majdalani, P.E. City of Beaumont Horseshoe Construction, Inc. Water Utilities Manager Owner Contractor Date:JollJy2 Date: Date: /0,6Z•ej Z 9 October 15,2002 Consider approval of the purchase of three 2003 Ford Expeditions for use in the Police Department City of Beaumont �r Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 10, 2002 REQUESTED ACTION: Council approval of the purchase of three (3)2003 Ford Expeditions. RECOMMENDATION Administration recommends the purchase of three (3) 2003 Ford Expeditions for the Police Department from Lawrence-Marshall Chevrolet of Hempstead,Texas through BuyBoard in the amount of$71,088. The total price includes a Buyboard administrative fee of$400. BACKGROUND Contracted pricing from the Houston-Galveston Area Council (H-GAC) and The Texas Local Government Statewide Purchasing Cooperative,Buyboard,was obtained. A quote obtained through H-GAC from Philpott Ford for two (2) in stock 2002 Ford Expeditions was provided. One vehicle quoted was in use by the dealership and included 12,000 miles. The prices quoted for both in stock units exceeded the quote through Buyboard by $1,001 for two (2) 2003 Ford Expeditions. A third unit was not available. The vehicles will be assigned to the Chief of Police and the Auto Theft Task Force Division. The new units will replace a 1994 Chevrolet Suburban,a 1990 Cadillac sedan and a 1994 Chevrolet Impala. The replacement units will be disposed of according to the City's surplus disposal policies. The new units are warranted for three (3)years or 36,000 miles. Warranty service will be provided by the local authorized Ford dealership. Delivery will be in 45-60 days. BUDGETARYIMPACT Funds are available in the Police Department's Confiscated Goods Fund and in Auto Theft Task Force grant funds. Purchase of three(3) Ford Expeditions October 10, 2002 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Chief of Police. RECOMMENDED MOTION Approve/Deny the purchase of three (3) 2003 Ford Expeditions in the amount of$71,088 from Lawrence-Marshall Chevrolet through Buyboard. 10 October 15,2002 Consider approval of a lease agreement for the rental of Civic Center Facilities related to indoor professional football tfmolar City of Beaumont r7vw_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 8, 2002 REQUESTED ACTION: Council consider authorizing the City Manager to execute a lease agreement for the rental of Civic Center Facilities. RECOMMENDATION Administration recommends authorizing the City Manager to execute a lease agreement with Louisiana Management Group, LLC for the rental of Civic Center Facilities for the purpose of conducting indoor professional football. BACKGROUND Over the past several months, City staff has been negotiating with a team from the National Indoor Football League(NIFL)to relocate in Beaumont. The team,which is called the Louisiana Rangers in Alexandria, Louisiana, wishes to move to an area which offers a larger spectator market. Alexandria is a city with an approximate population of only 53,000. However,Jefferson County's metropolitan statistical area is home to approximately 380,000 residents. Indoor football is a fast-paced,high-scoring version of football played in an enclosed arena. Each team fields eight players instead of the normal eleven. A team's active roster may consist of twenty- three players. The playing field measures approximately 180 feet long and 80 feet wide with end zones not more than 8 yards deep. There are no out of bounds, only a low wall that acts as the sidelines. The playing season is from March through July. League playoffs begin during the middle or end of July. Mr.Roy Reap,Owner,President and CEO of the Rangers has committed to relocating the Louisiana team to Beaumont. The team is in the Atlantic East Division of the NIFL. Other teams in the division are the Austin Knights, the Lake Charles Landsharks, the Houma Bayou Bucks and the Mississippi Firedogs. There are currently five divisions making up the league. Once the team is moved to Beaumont, it will be renamed to reflect the persona of our community. According to information provided by Mr. Reap, other team owners include Jerry Tyler and Dr. Chris Rich, all from Louisiana. Lease Agreement- Civic Center Facilities October 15, 2002 Page 3 Attached for your review is a copy of the agreement which has been negotiated with Mr.Reap. The lease agreement provides for the rental of the Civic Center for seven (7)home games and an area within the Fair Park Coliseum to be used as the team practice facility since the special flooring cannot be left on the Civic Center arena floor when not in use. Each team plays fourteen games during the regular season,with additional games if they make the season play-offs. The initial term is for one year with options to renew for two (2) additional one year terms. As compensation for the rental, a fee of$3,000 will be charged for each game played in the Civic Center. The City also receives all revenues generated from parking services, concession sales and a 3% box office fee for tickets sold by the City. Costs associated with ticket takers, ushers, technicians and security personnel employed during the home games will be reimbursed by the team. The City will be responsible for the installation of the playing surface and the dasher boards,which act as the out-of-bounds wall, for each game. This equipment is provided and owned by the team but will be stored at the Civic Center when not in use. City staff will also assist with the installation of a new scoreboard to be furnished by the team. All home games will be treated as a regular Civic Center rental with staff performing normal maintenance and facility services. All promotions and season ticket sales are the obligation of the team. Custodial services at the practice facility are to also be provided. For the initial layout and installation of the playing surface and dasher boards,the team has agreed to pay for the services of an outside contractor to assist the City. The agreement also allows the team to use the facilities at the Sterling Pruitt Activity Center at no charge but only during normal operating hours. The lease agreement also provides for the team to furnish liability insurance in the amount of $1,000,000 per occurrence, and to indemnify the City during its activities. BUDGETARY IMPACT The General Fund will receive annual rental fees in the amount of$21,000, and approximately $10,000 from parking services and concession sales. PREVIOUS ACTION None. SUBSEQUENT ACTION Non. RECOMMENDED BY City Manager, Central Services Director, and Convention Facilities Manager. Lease Agreement- Civic Center Facilities October 15, 2002 Page 3 RECOMMENDED ACTION Approve/Deny authorizing the City Manager to execute a lease agreement with Louisiana Management Group, LLC for the rental of Civic Center Facilities for the purpose of conducting indoor professional football. STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT The City of Beaumont, Texas, a public body, acting by and through its duly authorized City Manager, hereinafter known as the "City," hereby grants the right to use and occupy, under the following terms and conditions as hereinafter set out and in consideration of the covenants and agreements herein expressed, and of the faithful performance by Lessee and all such covenants and agreements,unto Louisiana Management Group,L.L.C.or permitted assigns,hereinafter known as "Lessee," the Beaumont Civic Center and practice facility space at the Fair Park Coliseum, hereinafter known as the"Premises,"for the purpose of conducting Indoor Professional Football in accordance with the terms and provisions of this Lease Agreement. ARTICLE 1 TERM 1.1 The initial term of this Lease shall be for one (1)year beginning , 2002,and ending on ,2003, unless sooner terminated as provided in this Lease Agreement. If no event of default on the part of the Lessee exists,Lessee shall have the option to renew and extend this Lease Agreement for two(2)additional one(1)year periods under the same terms and conditions. An extension notice must be in writing and received by the City at least sixty (60) days prior to the end of the primary term or any annual extension thereof. ARTICLE 2 RENT AND FEES 2.1 Lessee agrees to and shall pay the City, as rent for the Premises Three Thousand Dollars ($3,000.00)per game. Payment shall be made and received by City a minimum of five(5) days in advance of the scheduled game day. 2.2 In addition to the rental set out in Article 2.1 above,Lessee agrees to and shall pay the City Three Percent (3.0%) of gross ticket sales sold through City's ticket office, TicketMaster outlets,phone sales, and on-line sales. Lessee shall be responsible for all applicable credit card fees for tickets sold with credit cards at City's ticket office, phone sales and on-line sales. Season tickets shall not be included in calculating the 3.0%box office services fee, provided such tickets are sold twelve (12) days prior to the first regularly scheduled home game. Handling of season ticket sales by the Civic Center Box Office shall be for an additional fee as agreed upon by the Lessee and City in writing,prior to such sale. Page 1 of 12 2.3 Lessee shall pay the City's contracted cost for ticket takers, ushers,sound technicians,light technicians, stage hands and security personnel and sworn police officers. Such personnel shall be hired by City. 2.4 Lessee shall hire and pay for game personnel and game officials including, but not limited to,referees,timekeepers,scorekeepers,andpublic address system announcer. Saidpersonnel will be maintained in sufficient number, in professional attire and properly trained for efficient service. 2.5 Lessee shall hire and pay for any medical equipment,services and attendants they may deem necessary, including, but not limited to, physicians, physician assistants, trainers, paramedics, emergency medical technicians and ambulance attendants. 2.6 All special requirement fees, amounts due to City for additional services and accommodations to Lessee are due to City immediately following each event. City will retain all single ticket monies until the settlement time as specified in Article 9. All building expenses and fees will be deducted from ticket proceeds prior to the release of any funds to Lessee. Should monies related to single ticket purchases be inadequate to pay the amounts due the City,Lessee is responsible to pay City such amounts on the next business day after the event. Failure to make such payment may be considered by City to be an act of default. 2.7 All revenues,fees or commissions received by City for parking services and concession sales shall be retained One Hundred Percent(100%)by City. 2.8 Lessee shall provide at no cost and for the sole use of City, a reasonable amount of complimentary tickets to each game, which amount shall be agreed upon by both parties. ARTICLE 3 IMPROVEMENTS 3.1 Lessee will provide all equipment including padded,league approved,indoor football carpet and dasher boards,acceptable to the City,for use by the Lessee for all indoor football games. The football carpet and dasher boards will remain the property of Lessee. Maintenance of all equipment provided by Lessee is the responsibility of Lessee. 3.2 Storage of football carpet and dasher boards shall be the responsibility of the City. 3.3 Lessee shall not make any alterations, additions, or improvements to the Premises without the prior written consent of Lessor. 3.4 Lessee shall be responsible for providing and installing scoreboard and game timing devices within the Premises. So long as there is no structural elements and so long as work can be done with existing City equipment and City employees have necessary capabilities,the City Page 2 of 12 will assist in the installation of scoreboard and timing devices. Scoreboards shall remain the property of Lessee upon the termination of this agreement. Electrical connections shall be provided by City at current voltages. 3.5 Lessee shall be responsible for an initial installation of the football flooring and dasher boards to be done at a time agreed to by City. City employees shall be present at such initial installation and shall be trained in the means of and method of installation by those chosen by Lessee to make the initial installation. Additionally, Lessee hereby agrees to provide sleeves and caps which have been fabricated to fit within the holes in the floor which have been drilled for the initial installation of the dasher boards. Thereafter, City shall be responsible for installation of the floor and dasher boards. Lessee shall inspect each such installation prior to its use and Lessee shall be solely liable for any claim, damage, suit, judgement or costs which may arise from a cause by such football carpet,padding, flooring or dasher boards whether installed properly by City or not. Should Lessee's inspection reveal any deficiencies,Lessee should immediately bring such deficiencies to the attention of City so that it can be remedied. Lessee shall not be responsible for claims resulting from deficiencies within the City's control,brought to the attention of the City in writing five(5) hours prior to the event. ARTICLE 4 USE OF PREMISES 4.1 City grants Lessee the right to promote and perform Indoor Professional Football on the premises. City shall ensure that Lessee may peaceably and quietly have and enjoy the use of premises herein above specifically described for the purpose and for the term aforesaid, including corridors necessary to accommodate patrons, and rest room conveniences customarily open to the general public. 4.2 Lessee must schedule its use of the Premises as far in advance as possible so the game dates or any other desired dates can be reserved for Lessee. Game dates are subj ect to availability. During the initial term of this agreement, the City shall make the premises available on the dates set forth in"Exhibit B". 4.3 Subject to availability, Lessee may rent the Premises for any additional days for uses not involving the sale of tickets or team practices, as the Civic Center schedule permits. However,the City and Lessee must mutually agree in writing upon the rental rate,if any,to be charged. 4.4 Without additional cost to Lessee,Lessee shall have the exclusive use of all dressing rooms on game days. Dressing rooms must be totally vacated by 12:00 a. m. at the end of each game date. Any damages to dressing rooms occurring during Lessee's occupancy of the Premises shall be repaired by City, and such costs for repairs paid by Lessee. Failure to make timely payment may be declared by City to be an act of default. Page 3 of 12 4.5 Lessee shall have exclusive peaceful and quiet possession of the practice facility space at the Fair Park Coliseum("Exhibit A")and use of a designated grassy area at Fair Park during the entire term of this agreement and any extensions thereof. Lessee is solely responsible for providing security of practice facility space during team practices and ensuring facility and accessible gates are properly secured when not in use. Additionally,if available,Lessee may be allowed to use the space designated"non-exclusive use"on Exhibit`B"as office space. 4.6 If the City is unable to deliver possession of the Premises on the dates set forth in Exhibit "B" during the initial term, except as a result of an event of Force Maj eure, as defined in Section 16.3, City shall be liable for any damages equal to the prorated rental paid for such date or dates and this agreement shall be void or violable at Lessee's sole option. The term of this agreement shall not be extended by any such delay. ARTICLE 5 OTHER PERMISSIBLE SPACE USE 5.1 Seven (7) days prior to season tickets going on sale, City shall include Lessee advertising message to the daily marquee sequence. Duration of ad message and frequency are subject to change. Message shall have prior approval of the Convention Facilities Manager or assigned designee. 5.2 Team members and staff may have access and use of, during normal business hours, the athletic facilities at the Sterling Pruitt Activity Center located at 2930 Gulf St. at no charge. Use of facilities is nonexclusive and subject to all rules and regulations of the Center. ARTICLE 6 LIMITATIONS OF LESSEE IN PREMISES 6.1 Lessee shall not assign or sublet this Lease, in whole, or in part, without the prior written consent of the City and the National Indoor Football League, Inc. Notwithstanding the foregoing, Lessee may assign this agreement to an affiliate or subsidiary of Lessee, which may be formed in connection when Lessee transfers it's operations to Texas. However, all obligors on the original Lease shall remain liable for all obligations contained therein. City shall not unreasonably withhold its consent to assign or sublet this Lease. 6.2 Lessee shall not have the right to encumber the Premises leased herein without the prior consent of the City Council of the City of Beaumont; however, this provision shall not prohibit Lessee from encumbering its leasehold interest in this lease,personal property and equipment. 6.3 At all times during the term of the Lease, City or its agents shall have the right to enter said Premises during reasonable hours for the purpose of examining and inspecting the same and determining whether Lessee is in compliance with all of its obligations hereunder in respect Page 4 of 12 to all the terms and conditions of this Lease. The entire building, including the Premises covered by this Lease Agreement, shall at all times be under the charge and control of the Convention Facilities Manager or the assigned designee. 6.4 Any alterations, additions or improvements to the Premises,which are in addition to those specified in this Lease, shall be made only with the prior written consent of the Convention Facilities Manager or the assigned designee. 6.5 Lessee agrees that in conducting its operation hereunder it will not unlawfully discriminate against any employee, applicant for employment, customer or patron due to age, sex, race, color, disability, religion, or national origin. 6.6 Lessee assumes all responsibility for any of its goods or materials which may be left or stored on the Premises before,during or after event except loss caused by the intentional or grossly negligent acts of the City or its agents or employees. 6.7 Lessee shall not bring or permit anyone to bring into said buildings or Premises or keep therein anything that will increase fire hazard or the rate of insurance of the building or any property therein. Lessee shall not bring or permit any person to bring into said buildings or Premises any animals except service animals used by people with special needs,or any other property of any kind without the consent of the Convention Facilities Manager. City reserves the right at any time to require Lessee to remove from Premises, any animals, furniture, fixtures, wiring, exhibits, or other things placed therein without the consent of Lessee. 6.8 City reserves the right after the termination of the time for which the said Premises are rented by this agreement to remove from the building all effects remaining therein and to store the same wherever it sees fit in its name, or at its option, in the name of Lessee but at the cost, expense and risk of Lessee, and City shall not be liable in any way to Lessee on account of so removing and storing any such effects. 6.9 City reserves the sole and exclusive right to sell on,in or about the Premises covered by this agreement any soft drinks,beer, alcoholic beverages, and food. No free beverages or food samples shall be given away by Lessee without the written consent of City. Lessee may prepare and provide food and non alcoholic beverages to patrons in the Neches Room exclusively,but only after the conclusion of the game. The services of an outside catering company to provide such food shall not be allowed and all alcoholic beverages must be provided by the City's contracted catering company. ARTICLE 7 CONDITION OF PREMISES 7.1 City agrees to provide janitorial and maintenance services at the Civic Center site and agrees Page 5 of 12 to keep and maintain all areas in a reasonably good and tenantable condition and appearance, and further agrees to keep the Premises in a reasonably neat,clean,and respectable condition by prompt removal of all trash,litter,debris and junk,and will keep the Premises cleared of all objectionable matter. 7.2 Lessee shall maintain the Practice Facility Space in a neat, clean, and respectable condition by prompt removal of all trash, litter, debris and junk, and will keep the area cleared of all objectionable matter. ARTICLE 8 DEBTS RELATED TO PREMISES 8.1 Lessee shall pay and discharge all taxes,general and special assessments,and other charges of every description which during the term of this Lease may be levied on or assessed against the leasehold estate and other personal property,furniture or fixtures placed by Lessee in or on the Premises. 8.2 Lessee shall pay all such taxes, charges and assessments to the public officer charged with the collection thereof not less than fifteen(15)days before the same shall become delinquent. 8.3 Lessee shall pay all taxes on season ticket sales and other items sold or used in connection with the performance,exhibition or entertainment on the Premises. Taxes on tickets sold by City shall be paid by City. 8.4 Lessee shall pay or cause to be paid all incidental charges, such as permit fees, incurred in connection with its operations and use of the Premises. 8.5 City shall pay or cause to be paid all costs related to the supply of and all charges for the utilization of gas, electricity, water, sewer and rubbish removal used on the Premises throughout the term of this Lease. 8.6 Lessee is responsible for all royalties which may be assessed for music used by Lessee on the Premises. ARTICLE 9 TICKETING 9.1 City shall have the right and the Lessee is required to use the services of the in-house box office services or,with written approval from City, an authorized ticket agency for any and all commercial ticket selling functions. Fees for services in connection with such ticket sales shall be in accordance with Section 2.2. Lessee shall have the right to use it's own internal sales personnel for any and all season ticket selling functions. Page 6 of 12 9.2 The Civic Center Box Office will not be allowed to collect from ticket purchases any extra fees above printed ticket prices. The City shall sell tickets for their stated face amount. All ticket orders placed by Lessee to bonded ticket printers must not exceed the stated seating capacity. A certified manifest must be provide to the Convention Facilities Manager. Printing of complimentary tickets will be allowed in coordination with the Convention Facilities Manager. A reasonable number of tickets must be available at the Civic Center Box Office for sale to the public for the duration of the event,unless such event is sold out. 9.3 Ticket audits, settlement reports, and ticket drop will be available to Lessee at the time of settlement. All proceeds due Lessee from the sale of tickets, after building expenses have been satisfied,less any cash advance,will be payable by City of Beaumont check on the first business day following the game date. 9.4 Lessee shall not admit to the Premises a greater number of persons than the seating capacity (approximately 4,293 seats) will accommodate without prior written approval of the Convention Facilities Manager or assigned designee. 9.5 Lessee and the City shall jointly agree on any combined ticket and concession package deemed beneficial to both parties. ARTICLE 10 ADVERTISING 10.1 Lessee shall be entitled to all advertising revenue generated within the Premises on game days,or programs or merchandise. The cost of creating,installing and changing advertising signs generating advertising revenue to be received by Lessee will be paid by Lessee. The cost of utilities for operating, creating,installing and changing advertising signs generating advertising revenue to be received by Lessee shall be paid by Lessee. No permanent advertising will be permitted. ARTICLE 11 SOUVENIR COMMISSIONS AND ALCOHOLIC BEVERAGES 11.1 Lessee shall have the right to sell non-food merchandise and non-beverage merchandise on the Premises and retain One Hundred Percent(100%) of any fees received. 11.2 Lessee shall not sell or allow beer, wine, or any liquors of alcoholic content to be sold or given away upon said Premises without the prior written consent of the Convention Facilities Manager and then only in accordance with the rules and regulations promulgated by City or its Convention Facilities Manager and in compliance with the laws of the State of Texas regulating the sale and use of alcoholic beverages. Page 7 of 12 ARTICLE 12 BROADCASTING 12.1 Lessee shall have the rights to broadcast or cablecast home games and will retain One Hundred Percent(100%)of any fees received for such rights. Lessee shall pay for all costs incurred for broadcasting and/or cablecasting. ARTICLE 13 INDEMNIFICATION AND INSURANCE 13.1 Lessee further agrees to indemnify,save,hold harmless and defend the City,its officers, agents and employees from and against any and all claims,demands,suits,judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessee or the City, by reason of death or injury to persons, or loss or damage to property, in any way resulting from use of the Premises by the Lessee, its employees, volunteers, guests, customers, and invitees. Specifically including: claims, demands, suits,judgements, costs or expenses caused by negligence of City. 13.2 Lessee shall obtain and maintain continuously in effect at all times during the term hereof, minimum comprehensive general liability insurance in the amounts of at least the following: General Liability $1,000,000 per occurrence $5,000,000 aggregate Bodily Injury $ 500,000 per person $1,000,000 per accident Property Damage $5,000,000 This insurance policy shall be issued by a company licensed to do business in the State of Texas and protect the City against liability,which may accrue against the City by reason of Lessee's wrongful conduct incident to the use of the Premises,resulting from any accident or event occurring on or about the Premises. 13.3 Lessee shall also obtain and maintain continuously in effect at all times during the term hereof,casualty insurance upon any improvements to the premises owned by Lessee in such amounts as to insure the repair of replacement thereof in the event of casualty. 13.4 All insurance policies required herein shall be drawn in the name of Lessee, with the City and its officers and employees named as additional insured. 13.5 Lessee shall furnish the City with certificates of insurance as evidence that all of the policies required herein are in full force and effect and provide the required coverage and limits of insurance. The certificates shall provide that any company issuing an insurance policy shall provide not less than 30 days' advance notice in writing to the City and Lessee of Page 8 of 12 cancellation, non-renewal or material change in the policy of insurance to the City and Lessee. In addition,Lessee shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy, or of a decision to terminate or alter any insurance policy. 13.6 The provisions of Section 13 herein shall survive the termination of this Lease Agreement. ARTICLE 14 DEFAULT/ABANDONMENT OF PREMISES 14.1 In the event Lessee shall(1) abandon the premises, or(2) default in performance of any of the covenants or conditions required herein to be kept and performed by Lessee and such default continues for a period of thirty(30) days, City shall have the right to terminate this Lease. 14.2 City shall give Lessee thirty(30)days written notice of its intention to terminate the Lease, and Lessee shall have such thirty(30) days within which to cure such default and thereby avoid termination. 14.3 In the event the League does not approve the terms and conditions of this Lease,this lease shall terminate upon league notice of non-approval. 14.4 Time is of the essence of this agreement. ARTICLE 15 SURRENDER OF PREMISES: ABANDONED PROPERTY 15.1 The Premises and any buildings and improvements including, but not limited to, those constructed by Lessee and any fixtures including, but not limited to, those installed by Lessee, shall become and remain the property of the City and shall be retained by the City in good condition(reasonable wear and tear,Acts of God,or casualties associated with civil disorders or military activities excepted). Notwithstanding the foregoing, the scoreboard, time keeping devise, equipment, carpet, and dasher boards shall at all times remain the property of Lessee. 15.2 Lessee agrees to promptly and peacefully deliver possession of the Premises and all buildings,improvements and fixtures to the City upon termination of this Lease. All items ofpersonal property,including furniture,machinery,equipment and trade fixtures remaining in or on the Premises after the expiration of sixty(60)days following the termination of this Lease, shall be deemed abandoned by Lessee and shall become the property of the City. Page 9 of 12 ARTICLE 16 MISCELLANEOUS 16.1 If any clause or provisions of this Lease is illegal,invalid or unenforceable under present or future laws effective during the term of this Lease, then and in that event, it is the intent of the parties that the remainder of this Lease shall not be affected. 16.2 City and Lessee and their authorized representatives may examine the records of each other that are necessary to fulfill either party's obligations under this lease during the regular business hours upon prior notice. 16.3 Neither party hereto shall be liable to the other for any failure, delay, or interruption in the performance of any of the terms,covenants or conditions of this Lease due to Force Maj eure, which is causes beyond the control of that party including, without limitations, strikes, boycotts, labor disputes, embargoes, shortage of material, Acts of God, acts of the public enemy,acts of superior governmental authority,weather conditions,floods,riots,rebellion, sabotage,or any other circumstances for which such party is not responsible or which is not in its power of control. 16.4 The parties agree that they will use and continue to use their best effort to remove, change, correct,repair,etc.the condition of Force Maj eure preventing performances in order to make performance under this Lease once again possible. 16.5 Should the condition of Force Majeure render the fulfillment of this Lease Agreement by either party impossible,then the term of this Agreement shall end and Lessee shall be liable to pay rent only up to the time of such termination. 16.6 Any notice or demand that either party desires or is required to be given by this Lease Agreement shall be in writing and shall be deemed sufficient if sent by United States Certified Mail, Return Receipt Requested, Postage Prepaid, to the following: If to the City: City of Beaumont ATTN: Convention Facilities Manager 701 Main Street P. O. Box 3827 Beaumont, TX 77704 If to Lessee: Louisiana Management Group, L.L.C. P. O. Box 12096 Alexandria, LA 71315 Page 10 of 12 16.7 No modification of this Lease shall be binding unless it be in writing and executed in due form by all of the parties hereto. 16.8 The relationship between the City and Lessee at all times shall remain solely that of Landlord and Tenant and shall not be deemed a partnership or joint venture. Lessee, in the performance of its functions,duties and obligations herein,shall at all times be and act as an independent contractor. Nothing in this Lease Agreement shall be construed as Lessee being an agent or employee of the City in any manner whatsoever. No part of this Agreement may be construed as giving Lessee any authority to bind the City in any manner whatsoever. 16.9 Lessee shall comply with all laws of the United States, and of the State of Texas, all ordinances of the City of Beaumont, and all rules and requirements of the City's Police and Fire Departments, or other authorities having jurisdiction. 16.10 Lessee shall comply with City Ordinance 33.20.1 which states,It shall be unlawful for any person to place or cause to be placed upon any public street or sidewalk,any poster,placard, handbill or sign. This does not apply to licensed billboard locations. 16.11 Lessee will not cause or permit any nails or other things to be driven into any portion of the buildings,nor any signs to be affixed either to the exterior thereof,nor cause or permit any change,alterations,repairs,painting or staining of any part of the buildings or the furnishings thereof. Lessee shall pay the cost of repairing any and all injury and damage which may be done to the building or any of the fixtures, furniture or furnishings thereof by any act of Lessee or any of Lessee's employees or agents or any one visiting the building upon the invitation of Lessee including the patrons of the attraction or function for which Lessee is hereby renting the premises hereinabove described. It is expressly agreed that the Convention Facilities Manager shall determine whether any such damage has been done,the amount thereof and the reasonable cost or repairing the same,and whether it is one for which under the terms of this agreement, Lessee is to be held responsible. The decision of the Convention Facilities Manager shall be final. 16.12 The paragraph headings contained herein are for convenience and reference and are not intended to define, extend or limit the scope of any provisions of this Lease Agreement. 16.13 This Agreement shall be construed in accordance with the laws of the State and of the City, and all obligations of the parties created hereunder are performable in City. 16.14 This Lease Agreement constitutes the entire Agreement between the parties hereto. 16.15 Any matter not herein expressly provided for shall rest solely within the discretion of the City Manager and the City's Convention Facilities Manager. Page 11 of 12 Executed in duplicate originals on this day of , 2002. CITY OF BEAUMONT, TEXAS: BY: Kyle Hayes, City Manager LOUISIANA MANAGEMENT GROUP,LLC: BY: Roy Reap, President& CEO Page 12 of 12 ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ wt.`i:awwwwwwwtr�i�ww�;_�lwwwwwwr.��j;�tw w�e��w�wrrr.��wwwwwwww��ww��w�e�ww -� ..wwwtt ■wftr.ttr. wI/wtltl�w�tttl��■ _ j , a v-- ME �MMMMM��. MMViu__-=j i ii - - ■� tttiwlJ<•�tiwt�I/wlJwlCc Btlwwwtl��/wwwtltlwlPlwttf��■ ET ••www��!�w••w��r��wwwwwwww� Ittt�DEi7 wlriro�\Iwwwwwww 7rm9-,,MUM,wtrwwwwwll t! 1 w ■■■■■■!!■■■■■■■■■■■■■■■■■NEON! �11YIr�ti� ■■■■■■■■!■■■■■!■■■■■■!■■■■■■■■ .,:tip ■■■■■■■■■■■■■■■■■■■■■EEO■■■■■■ r7l:7l:ME OTY OF BEAUMONT PRACTICE FACILITIES SPACE BUILDING zo•-a' 54•-e• SERVICES DMSION 9'-1i' S • h b I LADIES ROOM I Z MEN'S ROOM 343 SQ. FT. I I 390 SQ. FT. w a — a I� WIRE MESH PARTITION Q TO BE ADDED I STORAGE III i (DIRT FLOOR) LL 1502 SQ. FT. 611111W or 09 JO 2002 II I I I KEB D9 27 2002 1 i 1 I FLOOR PLAN I I SG E: NONE A�2 CITY OF iBEAUTAONT I I BUILDMO SERVICES i DIVISION 11'-11" ( i Q I (NON—EXCLUSIVE) W OFFICE Q 165 SQ. FT. Y a E4 I LL P2. I I 9mm Tae I I09 b 20¢2 CKEB 09 )2 02 FLOOR PLAN N N A3 V—thlTlr*W- EXHIBIT "B" 2003 GAME DATES MARCH 15, 2003 MARCH 22, 2003 APRIL 12, 2003 APRIL 19, 2003 MAY 17, 2003 JUNE 14, 2003 JULY 5, 2003 %%*ftV �Z WOVA ffil -9 0 clwqj, IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 15, 2002 1.-30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Consider amending a contract from the 2000 HOME Program with Charlton-Pollard Community Housing Development Corporation(CHDO) to reclassify the organization as a subrecipient on this contract and to increase the contract amount by $10,000.00 from the 2001 HOME Administration fine item to pay eligible administrative costs B) Approve a resolution authorizing the granting of a License to Encroach to Spurg, L.L.C. into the City's sixty(60) foot general utility casement Q Approve a resolution authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the City of Beaumont Water Utilities Department on the FM 364 Major Drive Improvement Project D) Approve a resolution authorizing the City Manager to execute TxDOT Form D-15-48 (Statement) and Form D-I 5-U I (Affidavit) for the City of Beaumont Water Utilities Department to be reimbursed for the relocation of the water main for the FM 364/Major Drive Improvement Project E) Approve a resolution accepting three (3) property tax payments totaling $2,922.96 and authorizing the waiver of penalty and interest on these accounts totaling $549.74 F) Approve a resolution authorizing the execution of a License to Encroach Agreement with Neches Street Properties, L.L.C., through their agent Apollo Environmental Strategies, Inc., on the City's Park,Neches and Milam Street rights-of-way for the installation of six groundwater monitoring wells ....0 City of Beaumont � � EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 9, 2002 REQUESTED ACTION: Council consider a request to amend a contract ($375,700) from the 2000 HOME Program with Charlton-Pollard Community Housing Development Corporation(CHDO)to reclassify the organization as a subrecipient on this contract and to increase the contract amount by$10,000.00 from the 2001 HOME Administration line item to pay eligible administrative costs. RECOMMENDATION Staff recommends Council approve amending a contract ($375,700) from the 2000 HOME Program with Charlton-Pollard Community Housing Development Corporation(CHDO)to reclassify the organization as a subrecipient and to increase the contract amount by$10,000.00 from the 2001 HOME Administration line item to pay eligible administrative costs. BACKGROUND Council approved a contract for $375,700 with Charlton-Pollard CHDO on January 9, 2001 for the construction or reconstruction of up to five(5)new homes in the Charlton-Pollard neighborhood. Because the contract does not specify the role of the CHDO, the assumption is that the organization is acting as a CHDO, and as such, deems the administrative costs incurred ineligible. Administrative costs are allowable only when a CHDO is acting in the capacity of a subrecipient, administering a particular activity on behalf of the City. The CHDO has incurred audit fees of $6,000.00 as required by their contract, and bank statement reconciliation fees of$4,000.00 that surpassed the$83,700.00 allocated for administrative costs. These costs are reasonable and necessary, in order for the organization to be recertified as a CHDO. BUDGETARYIMPACT The additional allocation of$10,000.00 to the Charlton-Pollard CHDO will come from the 2001 HOME Program Administration line item. The HOME Administration line item is used to support the salaries of Housing Services staff. PREVIOUS ACTION Council approved a contract for$375,700 with Charlton-Pollard CHDO on January 9,2001 (Res#0 1-007), for the construction or reconstruction of up to five (5)new homes in the Charlton-Pollard neighborhood. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Planning Manager, and Housing Coordinator/Interim Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to amend a contract ($375,700) from the 2000 HOME Program with Charlton- Pollard Community Housing Development Corporation(CHDO)to reclassify the organization as a subrecipient on this contract and to increase the contract amount by$10,000.00 from the 2001 HOME Administration line item to pay eligible administrative costs. Page 2 B Cit y of Beaumont Council Agenda Item � - . • EL g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 1, 2002 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to Spurg, L.L.C. into the City's sixty (60) foot general utility easement. RECOMMENDATION The encroachment is a single story commercial brick building which is encroaching twenty (20) feet into the said easement for a distance of eighty-four (84) feet. A concrete driveway is also encroaching approximately ten(10) feet beyond the building into the said easement for a distance of one hundred forty-eight(148) feet. The property is located between the west right-of-way line of Gulf Street and Babe Didrikson Zaharias Park, being the retained part of an abandoned portion of Isla Avenue closed July 27, 1982 by City Ordinance No.82-81 and recorded in the Jefferson County Deed records, Vol. 2402, Page 373. The administration recommends authorization to grant a License to Encroach. BACKGROUND The License Agreement protects the City from liability and provides a six (6) month 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 Spurg,L.L.C. into the City's sixty (60) foot general utility easement. ISLAsk.wpd 10-04-2002 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 Spur&L.L.C.,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 south side of the City's sixty foot general utility easement located between the west right-of-way line of Gulf Street and Babe Didrikson Zaharias Park,being the retained part of an abandoned portion of Isla Avenue closed July 27,1982 by City Ordinance No.82-8land recorded in the Jefferson County Deed records, Vol.2402, Page 373. A single story commercial brick building is encroaching 20 feet into the said easement for a distance of 84 feet. A concrete drive is also encroaching approximately 10 feet beyond the building into the said easement for a distance of 148 feet. 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 unless earlier terminated as provided for herein. 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 tern does not, however, include any projects or Page 1 of i 17 1 1 O1PPROb A I I V I T 7 I WSJ Wn>A 4 Wb5 I =t7 l z07-I.OI-0 t improvements of a structure to comply with existing state or local health,sanitary,or safety 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 ofLicensor 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 for 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 than six(6)months prior to the termination date, therein specified, and shall be recorded in the Real Property Pa9Q 2 of 4 � d i Z 1�0886PJV I.11V-.11 I O-1W8 WO?�� WVg l 0 t Z0Z-t0-8 t Records in the Office of the County Cleric of Jefferson County,Texas by Licensor. This license is neither assignable nor transferable except in conjunction with,and as part of,Licensee's conveyance ofall 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 bcintg delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is marled 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 delivercd to the Property Owner at 1610 IH-10 East,Beaumont,Texas 77703. S� IN WITNESS,WHEREOF,the parties hereto have executed this agreement as of the �.day of c Gam'�_, 2002. LICENSOR CITY OF BEAUMONT By: Kyle Mayes City Manager LICENSEE SPU C:� . 4- 1 ' Regm dWallace General Partner STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the ,^day of ,2002,by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public,State of Texas Page 3 of 4 V d l Z l 80886 @V .11ld-11 I -1 W8 WOLF W79 t =0 t ZaZ-t 0-0 i STATE OF TEXAS X COUNTY OF X This instrument was acknowledged ore me on the 1&&ay o 2002, Y .. o ' of L.C.'!I*�P=ublic,on be f of said ca lion. LENA ANN FISHER MY CO !j eM^MISSIMSIONN EXPIRES •, "ISi�~` Apni COQ 2005 S e a Texas RETURN TO: City of Beaumont Diane Newsome P.O.Hex 3827 Beaumont,Texas 77704 880-3725 cumich1E33edson.lie f Page 4 of 4 S 'd t Z t 8H886HV J.11V Al I J 1YJ8 W02�� W'dL l H i ZHZ—L H—H t EXHIBIT "A" 3UBJECT LICEN3E TO ENCROACH oP " F6�'°t"d si p CGTT 60' GENERAL a o Fnlr Park 8E Pd SF RR UTILITY EASEMENT `_ PROPERTY LOCATED BETWEEN VE THE WEST RIGHT—OF—WAY LINE ' ME Q OF GULF STREET AND BABE , Babe nharins DIDRIK30N ZAHARIA3 PARK, to rk T. s A BEING THE RETAINED PART OF AN ABANDONED PORTION OF A y Eo sI 13LA AVENUE CL03ED JULY 270 Gl DY J 1682 BY CITY ORDINANCE NO. �� J S LE P Z IL E 82-81 AND RECORDED IN THE - ° L JEFFER30N COUNTY DEED " RECORDS, VOL. 2402, PAGE 373. " H RR ZOO o H > +NOTHI OWNER: 3PURG, L.L.C. LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY �i • � tA� '' � r. C 1 ISLA AV=. 3 � :- ' �• �o 1NTERSfA r- IO EAU` SUBJECT A Z INTERSTATE 10 . Ul to a a A•f-� c ap L I a a i o, a • U N.T.S. c City of Beaumont Council Agenda Item A UEK g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 15, 2002 AGENDA MEMO DATE: September 30, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the City of Beaumont Water Utilities Department on the FM 364 Major Drive Improvement Project. RECOMMENDATION Administration recommends the City Manager be authorized to execute Form ROW U-43. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation has entered into an agreement to make improvements to FM 364/Major Drive from Humble Road to I-10. Part of this agreement is to have any adjustments that may need to be made by both pipeline and utility companies submitted to the State for approval prior to authorizing any work to be done. The Form ROW U-43 must be executed by all parties involved as part of this process. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the City of Beaumont Water Utilities Department on the FM 364 Major Drive Improvement Project. H203 PartyAgreementsk.wpd October 4, 2002 Form ROW-U43 7/2000 (Replaces Form D-15-43) (Electronic version GSD-EPC Word 97) Page I of 2 THREE PARTY UTILITY AGREEMENT Agreement No. County: Jefferson ROW CSJ No.: 0786-01-064 Federal Project No.: DPR 0057 (001) Highway No.: 1=M 364 Contract No.: Account No.: 9120-00-001 This Agreement by and between the State of Texas,acting by and through the Texas Transportation Commission,hereinafter called the State,and The City of Beaumont,Texas,acting by and through its duly authorized official under Ordinance No.: 92-192 dated the day of July , 1992 ,hereinafter called the City,and ,acting by and through its duly authorized representative,hereinafter called the Owner,shall be effective on the date of approval and execution by the State. WHEREAS,it has been determined necessary to make certain highway improvements in the State Highway System as designated by the State and generally described as follows: Jefferson County; FM 364; located from SH 124 To SH 105. WHEREAS,the State and the City have previous to this date entered into a contractual agreement,agreeing to handle by separate agreement the adjustment,removal or relocation of certain utility facilities necessitated as a result of highway improvements on the hereinabove designated project on the basis of an 80/20 State to City funding/participation ratio with the 80%State portion being in fact federal funds in which the State acts as steward;and, WHEREAS,the State as steward,and the City will participate in the costs of relocating and adjusting certain facilities of the Owner to the extent as may be eligible for State participation under Transportation Code,Title 6,Chap. 203, Sec. 203.092;and, WHEREAS,the Owner, in Affidavit, Form D-15-U I,dated has certain lands and that this proposed highway improvement will necessitate the adjustment, removal orsrelocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: : and WHEREAS, the State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities under provisions of Title 23 Code of Federal Regulations, Part 645; and, WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary plans,specifications and cost estimates which are attached hereto and made a part hereof, and which are prepared in the form and manner required by Title 23 Code of Federal Regulations, Part 645 and; WHEREAS,the State,City,and Owner wish to document their agreement for the effectuation of these terms, NOW,THEREFORE, BE IT MUTUALLY AGREED: The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs may be eligible For state and federal cost participation with the State then reimbursing the Citv. The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified for the method checked and described hereafter: X (l)Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable federal or state regulatory body. _(2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. _(3)An agreed lump sum of$ ,as supported by the detailed itemization of estimated costs attached hereto. Upon execution of this agreement by the parties hereto the City will,by written notice,authorize the Owner to proceed with the necessary adjustment,removal or relocation,and the Owner agrees to prosecute such work diligently in accordance with the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the State that the utility relocation has been included in an approved program as an item of right of way acquisition,that a project agreement which includes the work has or will be executed,and that the utility relocation or adjustment will be required by the final approved project agreement and plans. If costs are developed under procedure(1)or(2)as before specified,upon satisfactory completion of the relocation or adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code of Federal Regulations Part 645 and after the required audit, the City will pay to the Owner the full amount of costs found eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for the costs incurred in making such adjustment, removal or relocation. "Bills for work contemplated herein shall be submitted to the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in this amount has been made to the Owner. The City agrees that if requested by the Owner, it will pay ninety(90%)percent of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10%)percent retainage pending audit results. The City may elect to request its eighty(80%)percent reimbursement from the State if this option is elected. And,accordingly, upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid the Owner by the City and the City agrees to promptly request final reimbursement from the State. If costs are developed under procedure(3)as before specified, the City will, upon satisfactory completion of the relocation and adjustment by the Owner and upon receipt of a billing prepared in acceptable form, make payment to Owner in the agreed to amount. And as before, the City may then claim eighty(80%) reimbursement from the State. In this instance, no audit shall be required prior to paymnent. Form D-15-48 enclosed with Owner's preliminary estimate attached to this agreement, is approved as complying with Title 23.Code of Federal Regulations, Part 645. Sec. 64'5.115 and Owner is authorized, but not required, to contract such work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by Owner only with approval of the State in accordance with Title 23, Code of Federal Regulations, Part 645. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work udder this agreement has been authorized and that such cancellation will not create any liability on the part of the State. The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits of the law. City of Beaumont,Texas EXECUTION RECOMMENDED: By: Mayor District Engineer,Texas Department of Transportation Beaumont District ATTEST: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders,established policies, or work programs heretofore approved and authorized by the Owner: Texas Transportation Commission By: By: Director,Right of Way Division Title: Date: Date: { D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 7, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute TxDOT Form D-15-48 (Statement) and Form D-15-U1 (Affidavit) for the City of Beaumont Water Utilities Department to be reimbursed for the relocation of the water main for the FM 364/Major Drive Improvement Project. RECOMMENDATION Administration recommends the City Manager be authorized to execute TxDOT Forms D-15-48 (Statement) and Form D-15-U1 (Affidavit). BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation, has entered into an agreement to make improvements to FM 364/Major Drive from Humble Road to I-10. As part of this agreement, the utilities companies may file for reimbursement for the relocation of their lines. The Forms D-15-48 and D-15-U1 must be executed by all parties involved as part of this process. BUDGETARY IMPACT None. PREVIOUS ACTION Form ROW U-43, the Three Party Utility Agreement (which must be submitted to the State prior to authorizing work to be done) for the City of Beaumont Water Utilities Department on the FM 364/Major Drive Improvement Project is being presented to Council for approval as a separate agenda item. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve\Deny a resolution authorizing the City Manager to execute TxDOT Form D-15-48 (Statement) and Form D-15-U1 (Affidavit) for the City of Beaumont Water Utilities Department to be reimbursed for the relocation of the water main for the FM 364/Major Drive Improvement Project. MOReimbursementsk.wpd October 7,2002 Texas Department of Transportation Form D-15-43 Page 1 of 2 Rev. 7/92 STATEMENT (Covering Contract Work as Appears in Preliminary Estimate) Agreement No. County Jefferson ROW Account No. 9120-00-001 Federal Project No. DPR 0057 (001) Highway No. FM 364 CSJ No. 0786-01-064 I, KY1,t_ H&yes , a duly authorized and qualified representative of The City of R aumont , hereinafter referred to as Owner, am fully aware of the facts and make the following statements in respect to work which will or may be done on a contract basis as appears in the preliminary estimate to which this statement is attached: I. It is more economical and/or expedient for Owner to contract this adjustment because: X� II. Owner is not adequately staffed or equipped to perform the necessary work on this project with its own forces to the extent as indicated on the preliminary estimate. Procedure to be Used in Contracting Work A. Solicitation for bids is to be accomplished through open advertising and contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. F] B. Solicitation for bids is to be accomplished by circularizing to a list of prequalified contractors or known qualified contractors and such contract is to be awarded to the lowest qualified bidder who submits a proposal in conformity with the requirements and specifications for the work to be performed. Such presently known contractors are listed below: 1. 2. 3. 4. 5. Texas Department of Transportation Form D-15-43 Page 2 of 2 Rev. 7/92 C. The work is to be performed under an existing continuing contract under which certain work is regularly performed for Owner and under which the lowest available costs are developed. (If only part of the contract work is to be done under an existing continuing contract, give detailed information by attachment hereto.) D. The utility proposes to contract outside the foregoing requirements and therefore evidence in support of its proposal is attached to the preliminary estimate in order to obtain the concurrence of the State and the Federal Highway Administration Division Engineer, where applicable, prior to taking action thereon(approval of the agreement shall be considered as approval of such proposal). Kyle Hayes City Manager Title Date s� Tc C.1C Dct arment of Tr.ui.p1)rt.11:on Foml D-15-U 1 Pap 1 of 2 Rcv. 12/91 AFFIDAVIT Agreement No. THE STATE OF TEXAS } County Jefferson COUNTY OF Jefferson } Federal Project No. DPR 0057 (001) } CSJ No. 0786-0f--U67 ROW Account No. 9120-00-001 Highway No. Fi'4 364 (To be filled in by State) WHEREAS, the State of Texas, acting by and through the Texas Department of Transportation, herein- after called the State,has deemed it necessary to make certain improvements on Highway FM 364 in Jefferson County,Texas, from SH 124 to SH 105 ; and WHEREAS,it is anticipated that the hereinabove mentioned improvements will affect the facilities of The City of Beaumont hereinafter called the Owner, at the following described locations: From Humble Road - South to Willow Marsh and WHEREAS, the State has requested that the Owner furnish to the State information relative to interests that Owner holds in lands at each of the hereinabove referenced locations; NOW, THEREFORE, before me, the undersigned authority, this day personally appeared W e Hayes , who, after being by me duly sworn, did depose and say: That he/Mre•is --MY-Manager of The City of Beaumont and, as such, has knowledge of the facts contained herein, and That, to the best of his/her knowledge, said Owner is the owner of the following described interests in the hereinabove-indicated lands, copies of the irlstiuments under which said 0,,vner claims sari interests fins attached heat,, quid made a p'IF hereof: Texas Department of Transportation Form D-15-U I Page 2 of 2 Rev. 12/91 Signature City Manager Title The City of Beaumont Company Swom to and subscribed before me this day of A.D. 2nn ' Notary Public,State of Texas (Signature) (Print or Type Name of Notary Public) My Commission expires on the day of E City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: October 15,2002 AGENDA MEMO DATE: October 9, 2002 REQUESTED ACTION: Council consider a resolution accepting three (3) property tax payments totaling $2,922.96 and authorizing the waiver of penalty and interest on these accounts totaling $549.74 as shown in attachment A. RECOMMENDATION The administration requests approval of a resolution accepting three (3) property tax payments totaling $2,922.96 and authorizing the waiver of penalty and interest on these accounts totaling $549.74 as shown in attachment A. BACKGROUND The Jefferson County Tax Office has accepted three (3)payments that were processed according to Sec. 33.011 of the State Property Tax Code. Sec. 33.011 states that " The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency". The Commissioners' Court met on September 23, 2002 and approved the waiver of penalty and interest on these accounts. Miriam K. Johnson, Jefferson County Assessor-Collector of Taxes is requesting the City Council ratify the Commissioner's Court action in accepting these payments. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Treasurer. RECOMMENDED MOTION Approve/Deny a resolution accepting three (3) property tax payments totaling $2,922.96 and authorizing the waiver of penalty and interest on these accounts totaling $549.74 as shown in attachment A. ATTACHMENT A CITY OF BEAUMONT - WAIVER OF P & I September 24, 2002 Taxpayer's Name Total Levy Waiver of P & I Account Number Paid Request 1. Mitchell Deshotel 44.76 104.74 300007-016600 2. Timco Elec. 2,546.35 381.95 700000-615100 3. Plaia Property 331.85 63.05 050750-010200 TOTAL 2,922.96 549.74 MAW Cit y of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 8, 2002 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Neches Street Properties, L.L.C., through their agent Apollo Environmental Strategies, Inc., on the City's Park, Neches and Milam Street rights-of-way for the installation of six groundwater monitoring wells. RECOMMENDATION The groundwater monitoring wells will be installed by Apollo Environmental Strategies, Inc. The license will cover the monitoring wells at the following locations: MW-13 encroaching onto the City's right-of-way, 64 feet six inches west of the edge of the pavement of Franklin Street and nine feet six inches south of the edge of pavement of Park Street. MW-16 encroaching onto the City's right-of-way, 113 feet six inches south of the edge of the pavement of Park Street and four feet two inches east of the edge of pavement of Milam Street. MW-17 encroaching onto the City's right-of-way, 79 feet three inches west of the edge of the pavement of Milam Street and seven feet three inches south of the edge of pavement of Park Street. MW-18 encroaching onto the City's right-of-way, 195 feet three inches west of the edge of the pavement of Milam Street and eight feet three inches north of the edge of pavement of Neches Street. MW-19 encroaching onto the City's right-of-way, 14 feet west of the edge of the pavement of Milam Street and eight feet three inches north of the edge of pavement of Neches Street. MW-21 encroaching onto the City's right-of-way, 206 feet two inches west of the edge of the pavement of Milam Street and one foot six inches south of the edge of pavement of Neches Street. The administration recommends authorization to execute the License to Encroach Agreement. BACKGROUND The new groundwater monitoring wells are being installed to delineate groundwater contamination. The License Agreement protects the City from liability and provides a 30-day cancellation clause. BUDGETARY IMPACT There is a one time fee of$1,000 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approval/Deny approval to execute a resolution authorizing the execution of a License to Encroach Agreement with Neches Street Properties, L.L.C., through their agent Apollo Environmental Strategies, Inc., on the City's Park, Neches and Milam Street rights-of-way for the installation of six groundwater monitoring wells. Apollosk.wpd October 8,2002 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 Neches Street Properties, LLC, 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: MW-13 encroaching onto the City's right-of-way, sixty-four (64) feet six (6) inches west of the edge of pavement of Franklin Street and nine (9) feet six (6) inches south of the edge of pavement of Park Street. MW-16 encroaching onto the City's right-of-way, one hundred thirteen(113) feet six (6) inches south of the edge of pavement of Park Street and four (4) feet two (2) inches east of the edge of pavement of Milam Street. MW-17 encroaching onto the City's right-of-way, seventy-nine (79) feet three (3) inches west of the edge of pavement of Milam Street and seven (7) feet three (3) inches south of the edge of pavement of Park Street. MW-18 encroaching onto the City's right-of-way, one hundred ninety-five (195) feet three (3) inches west of the edge of pavement of Milam Street and eight (8) feet three (3) inches north of the edge of pavement of Neches Street. MW-19 encroaching onto the City's right-of-way, fourteen(14) feet west of the edge of pavement of Milam Street and eight (8) feet three (3) inches north of the edge of pavement of Neches Street. MW-21 encroaching onto the City's right-of-way,two hundred six(206) feet two (2) inches west of the edge of pavement of Milam Street and one (1) foot six (6) inches south of the edge of pavement of Neches Street. Said encroachments are shown on attachments. i ors NOW,THEREFORE,Licensor hereby grants to Licensee a license to occupy and use the subject property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify Blain Dishman, Water Utilities Inspector at (409) 866-0026 forty-eight (48) hours prior to any excavation at site of encroachment. Absolutely no digging shall take place within five (5) feet of any utility poles, down guys or anchors. Licensee shall maintain the said monitoring well in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion ofremediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring well. Such notice should be sent to the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. 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 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 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, 2 of 5 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. 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 f 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 City Engineer, City of Beaumont,P.O.Box 3827,Beaumont,Texas 77704. Any notice to Licensee shall be sufficient if mailed or hand delivered to the Office of Neches Street Properties, LLC, P.O. Box 630, Beaumont, Texas 77704. 3 of 5 IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2002. LICENSOR CITY OF BEAUMONT By: Kyle Hayes City Manager LICENSEE 4 of 5 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2002, by Kyle Hayes, 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 0.664-, 2002, by_ SHERYL L KM Notary Public, State of Texas STATE TEXAS ar s N y Comm.EV.06-17-2003 t RETURN TO: City of Beaumont Diane Newsome P. O. Box 3827 Beaumont, Texas 77704 409-880-3725 monitor.lic of 5 COMMENTS FROM DEPARTMENTS AND OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: MW-13 - Park Street Right-Of-Way, adjacent to Block 53 of the Beaumont Addition Beaumont Texas between Milam Street and Franklin Street and MW-16 - Milam Street Right-Of-Wav adjacent to Block 53 of the Beaumont Addition Beaumont Texas between Park Street and Necbes Street APPLICANT: Apollo Environmental Strategies Inc DATE OF DISTRIBUTION: September 16. 2002 (1) Joris P. Colbert, City Engineer Date Received: (2) Don Burrell, Buildm Official Date Received: 2 (3) Jack Maddox, Fire Marshall Date Received: -O'2- _- 11r�t� c`�� E � (4) Joseph Majdalam, Water Utilities Manager Date Received: % O - Y- GZ (5) Stephen Richardson, Planning Manager Date Received: ( p)-C]2 (6) Mark Horelica, Transportation Manager Date Received: 7- '0 mVpA (7) Patrick Sam, Reliant Energy Date Received: Comments for License to Encroach ApIlication (8) James Bryant, Entergy Date Received: O 's O ra ('�:►�d� G..RCS 0 r 5 (9) Paul Young, Southwestern Bell Telephone Date Received: (10) Richard LeBlanc, Drainage District#6 Date Received: -Ifs CYO., (11) Tyrone Coo er, 1 st Assistant Cit Attorney Date Received: 1 0 ' <:;r- -O Z Ile J � COMMENTS FROM DEPARTMENTS AND OR UTILITY CONVIPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: MW-17 - Park Street Right-Of-Way, adjacent to Lot 368 Block 54 Beaumont Addition Beaumont Texas at the corner of Park Street and Milam Street. MW-18 - Neches Street Riaht-Of-Wav adjacent to Lots 373 and 378 Block 54 Beaumont Addition Beaumont Texas between Gilbert Street and Milam Street. MW-19 - Milam Street Ri ht-Of-Wa adjacent to Lot 372 Block 54 Beaumont Addition Beaumont Texas at the corner of Milam Street and Neches Street. APPLICANT: Apollo Environmental Strategies Inc DATE OF DISTRIBUTION: September 13. 2002 (1) Joris P. Colbert, City Engineer Date Received: L1a``fll 1 (2) Don Burrell, Buildi, g Official Date Received: Ail r-n%/A (3) Jack Maddox, Fire Marshall Date Received: - 2(o- G 2- s�Ac�c>v A (4) Joseph Majdalani, Water Utilities Manager Date Received: / - -C Z (5) Stephen Richardson, Planning Manager Date Received: - 1 r',- GL (6) Mark Horelica, Transportation Manager Date Received: 2 (7) Patrick Sam, Reliant Energy Date Received: '9) Paee � Comments for License to Encroach Apllication (8) James Bryant, Entergy Date Received: 2$^0 2 (9) Paul Young, Southwestern Bell Telephone Date Received: (10) Richard LeBlanc, Dr mage District#6 Date Received: _2t CYP (11) Tyrone Cooper, 1st Assistanj City Attorney Date Received: /0 - �f--0L ro L) 2 CONI�tENTS FROM DEPARTMENTS AND OR UTILITY' CO%IPAN[ES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: MW-21 - Neches Street Right-Of-Wav, adjacent to Lots 450 and 452, Block 60, of the Beaumont Addition Beaumont Texas between Milam Street and Gilbert Street. APPLICANT: Apollo Environmental Strategies Inc DATE OF DISTRIBUTION: September 16, 2002 (1) Joris P. Colbert, City Engineer Date Received: 9- 19 wQ2 A fllll (2) Don Burrell, Building Official Date Received: 9, IZ&- c)021, rnV (3) Jack Maddox, Fire Marshall Date Received: (4) Joseph Majdalam, Water Utilities Manager Date Received: J (5) Stephen Richardson, Planning Manager Date Received: (6) Mark Horelica Transportation Manager Date Received: L Z QYr (7) Patrick Sam, Reliant Energy Date Received: u _f. Comments for License to Encroach Apllication (8) James Bryant, Entergy Date Received: Q 2 i11 S CD \ (9) Paul Young, Southwestern Bell Telephone Date Received: (10) Richard LeBlanc, D ainage District#6 Date Received: �- /' �0 (11) Tyron Cooper, 1st Assista t City Attorney Date Received: 10 roy e G r� ent By: 'city of beaumont; 8604672; Oct-1 -02 9:39AM; Page 213 i k Y A Q Q c.Q r Cs 4rp 1 O Ir fy YO r � , r 1• off: o. . ��. }y J OO a �c! 00 � Y•:�•� .•�,,,f •yam 110 IE OR. r r° i lo* or E Ao