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HomeMy WebLinkAboutPACKET NOV 12 2002 City of BeGlLG1nont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 12, 2002 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider appointing a Chief Magistrate and two City Magistrates to two-year terms *Administration of the oath of office *Recess RECONVENE GENERAL BUSINESS 2. Consider granting a new solid waste collection and transportation service franchise 3. Consider approving a bid for a financing agreement related to the purchase of 16 garbage trucks 4. Consider the purchase of mobile and portable radios for use in the Clean Community Development 5. Consider authorizing a contract with Community Development Properties Beaumont, Inc. 6. Consider a request to amend contracts from the 1999, 2000 and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation(BCHDO) 7. Consider a request to adopt a renewed Citizen Participation Plan that will be amended to reflect a requirement for citizen participation and Council consideration when a change in the proposed use of funds is greater than 20%of the CDBG entitlement COMMENTS * Councilmembers/City Manager 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: Dorothy Jackson v Arthur Leger et al Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 November 12, 2002 Consider appointing a Chief Magistrate and two City Magistrates to two-year terms City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kyle Hayes, City Manager MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 8, 2002 REQUESTED ACTION: Consider appointing a Chief Magistrate and two City Magistrates to two-year terms. RECOMMENDATION The City Council met in Executive Session on November 5,2002 and recommended the appointment of Guadalupe Flores, Theodore Johns and James D. McNicholas as City Magistrates. James D. McNicholas would be designated as Chief Magistrate. BACKGROUND The City Charter states"there shall be one or more magistrates of said Municipal Court known as City Magistrates,one of whom shall be designated Chief Magistrate." James D. McNicholas would be designated Chief Magistrate at a compensation of$300 for the first session and $250 for any subsequent sessions per week. City Magistrates Theodore Johns and Guadalupe Flores would be appointed at a compensation of$250 per session. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Council. RECOMMENDED MOTION Approve/Deny appointing a Chief Magistrate and two City Magistrates to two-year terms. z November 12,2002 Consider granting a new solid waste collection and transportation service franchise V~1179f City of Beaumont mw_ 'M Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 7, 2002 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to IESI TX Corporation (IESI). BACKGROUND This is the second reading of the three required by ordinance to be granted a franchise agreement. IESI has requested that the City grant the company a franchise agreement for collecting, hauling and transporting garbage or refuse from locations in the City, and the disposal of such material. According to City ordinances, a franchise agreement is required prior to a firm conducting business within the city limits. Five firms currently have nonexclusive franchise agreements with the City and are doing business in this area. Corporate headquarters for IESI is located in Haltom City, Texas. The firm is expanding into the southeast Texas market and desires to provide solid waste collection and hauling services in the Beaumont area. Office facilities are currently located in Kountze, Texas where they recently purchased and are operating the Hardin County Landfill. The requested franchise agreement is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the firm to indemnify the City and provide insurance which names the City of Beaumont as a named insured. Solid Waste Collection and Transportation Services Franchise Agreement November 12, 2002 Page 2 Franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the successful firm. A copy of the franchise agreement was presented for City Council review at the first reading. BUDGETARY IMPACT A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. PREVIOUS ACTION City Council was presented with the first reading of the franchise request on October 29, 2002. SUBSEQUENT ACTION City ordinances require that the requested action be read at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. One additional reading is required prior to passage. RECOMMENDED BY City Manager, Clean Community Director and Central Services Director. RECOMMENDED MOTION Approve/deny granting a Solid Waste Collection and Transportation Services Franchise Agreement to IESI TX Corporation. I k I f k f , f ENTITLED AN ORDINANCE GRANTING A € FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO IESI -TX CORPORATION ORDINANCE NO. 02-089 , WHEREAS, IESI - TX Corporation (the "Company") has requested a franchise to I operate a solid waste collection and transportation service within the City of Beaumont, , ii Texas (the"City"); and, I WHEREAS, the City desires to grant such franchise; E , NOW, THEREFORE, BE IT ORDAINED BY THE , CITY OF BEAUMONT: Section 1. I { Grant of Authority k There is hereby granted by the City to IESI-TX Corporation the right and privilege to operate and maintain within the City a solid waste collection and transportation service(the , "service"). For purposes of this franchise, the term "solid waste collection and f transportation service"shall mean the regular business of collection,hauling ortransporting I , any garbage, rubbish,waste or refuse from locations in the City, and the disposal of such E material in accordance with law. The franchise granted herein is nonexclusive, and , franchises may be granted to other persons for service. i I Section 2. , t i Term of Franchise The franchise herein granted shall take effect and be in force sixty(60)days after the k final passage hereof as required by law and upon the filing by the Company of an f acceptance with the City Clerk, and shall continue in force and effect until one (1) year , f , I E E i k thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City,on or before the fifteenth(15th)day of each month, a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service in the previous month as payment for the use of the City's streets,alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges,or other fees applicable to the public generally. City shall have the right,at any reasonable time,to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty(30)days of receipt,the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section S. Indemnity. Insurance and Bond The Company shall at all times during the effective period of this franchise,carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers,agents,employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company underthe terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay anyfrnal judgment which might be obtained against City by reason of any work or acts done hereunder by Company,Its agents,servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty(30)days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise,and it shall be maintained in force during the term of the franchise. 3) General l_iability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars($100,00.00)per occurrence for property damage. The policy shall name the City as named insured and provide for thirty(30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. ComRfiance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city,county, state, and federal laws regulating the collection and disposal of solid waste. Section 7, Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal,state,and local regulations. Collection vehicles and all bulk,commercial,and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 AN,to 5:00 P.M.each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48)hours,the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten(10)days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company,the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A Single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to IESI TX Corporation, P. O. Box 1509, Kountze, TX 77625. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3827, Beaumont, Texas 77704. Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty(20)days priorto the effective date of this franchise,the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number,year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise,the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision orto falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section,Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sbcty(60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 29 day of October, 2002. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2002. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2002. -M yor Evelyn M. Lard - ACCEPTANCE: IESI TX Corporation: By: Janell Marin, District Manager-South East Texas District 3 November 12, 2002 Consider approving a bid for a financing agreement related to the purchase of 16 garbage trucks City of Beaumont Im MINIMUM K, Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 7, 2002 REQUESTED ACTION: Council approval of a bid for a financing agreement. RECOMMENDATION Administration recommends award of a bid for a five (5) year financing agreement with a fixed interest rate of 3.47%to Banc One Leasing Corporation for the purchase of sixteen(16)automated refuse and trash trucks. BACKGROUND Three(3)bids were received for a fixed interest rate for financing the purchase of twelve(12)Volvo Xpeditor automated refuse trucks,two(2)Volvo cab and chassis with 5'wheel equipped with forty- five (45) cubic yard trash trailers, and two (2) Volvo Xpeditor tandem axle trucks equipped with grapplers and thirty-two (32) cubic yard capacity trash bodies. The total cost of this equipment and the amount to be financed is $1,858,790. Bids were requested for a fixed interest rate to finance the total cost for five (5)years with the first annual payment in arrears. The three (3) bids received are as follow: Financial Institution Location Interest Rate Banc One Leasing Corporation Corsicana, TX 3.47% Koch Financial Corporation Scottsdale, AZ 3.60% 3.9494% [Carlyle Capital Markets Dallas, TX Financing Agreement November 7, 2002 Page 2 The equipment to be financed has been ordered and the trucks are scheduled for delivery by November 30, 2002. The trucks were ordered through the Houston-Galveston Area Council purchasing cooperative. BUDGETARYIMPACT An amortization schedule indicating the cost of the financing agreement is as follows: Payment No. Payment Amount Interest Principal Purchase Option 1 $411,337.64 $64,500.01 $346,837.63 $1,537,242.48 2 $411,337.64 $52,464.75 $358,872.89 $1,168,564.34 3 $411,337.64 $409011.86 $371,325.78 $789,655.15 4 $411,337.64 $27,126.85 $384,210.79 $400,230.96 5 $411,337.65 $13,794.74 $397,542.91 -0- TOTAL $2,056,688.21 $197,898.21 1 $1,858,790.00 The City's Treasurer compared the cost of financing the equipment purchased to the cost of paying for the equipment in full. Financing the total amount of $1,858,790 through a lease purchase agreement will result in a net cost of$55,354. The first annual payment of$411,337.64 will be due one year after execution of the agreement. PREVIOUS ACTION The purchase ofthe equipment was authorized by City Council by ResolutionNo.02-104,dated May 7, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY The City Manager, Central Services Director and Finance Director. RECOMMENDED MOTION Approve/Deny the acceptance of a bid from Banc One Leasing Corporation for a five (5) year financing agreement with a fixed interest rate of 3.47% for the purchase of sixteen(16) refuse and trash trucks. INTER-OFFICE MEMORANDUM l 1:: City of Beaumont, Texas Finance Department Date: November 7, 2002 To: Kyle Hayes, City Manager From: Kandy Daniel, Treasurer Subject: Lease Purchase Financing COMMENTS The City has approved the purchase of refuse trucks costing$1,858,790 forwhich lease purchase financing is available. The lowest quoted interest rate is a fixed rate of 3.47% for 5 Years in arrears which was received from Banc One Leasing Corporation to finance (Municipal lease Purchase) the purchase of the equipment. If the City invested the purchase price at our current yield we would earn $240,342. The cost of interest to finance the purchase of the equipment is projected at $197,898. Since we will be making annual payments on the lease purchase, we must factor in the annual payments as a reduction in the cash available for investment.As a result we would earn$142,544 over the term of the lease purchase which is a net cost of$55,354 and we would retain the use of our money for the length of the financing. Purchase out of current Net cost from investment of funds (loss of the use of current funds and Lease the funds) Purchase Financing ($240,342) $55,354 It is my recommendation that we use the Municipal Lease Purchase, which would allow us the flexibility of keeping an adequate fund balance even though it would result in a net borrowing cost of $55,354 on the purchase of a long term fixed asset relative to the payment schedule of the financing. 4 November 12,2002 Consider the purchase of mobile and portable radios for use in the Clean Community Development CI City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 6, 2002 REQUESTED ACTION: Council consider the purchase of mobile and portable radios. RECOMMENDATION Administration recommends the purchase offifty-two(52)mobile radios,ten(10)portable radios and three (3) controllers from Motorola through the Houston-Galveston Area Council(H-GAC) in the amount of$114,642.33. This price includes a H-GAC administrative fee of$1,946.78. BACKGROUND In 2000, the City purchased an 800 MHz Radio Communication Trunking System from Motorola. Included in the initial purchase was infrastructure to support the majority ofthe City's communication users and 300 mobile and portable radios for the Police Department. As funding becomes available,the system will be expanded to other departments to replace equipment purchased during the past sixty(60)years. The Clean Community Department has requested that the system be expanded to their department to coincide with the delivery of new automated refuse trucks. To convert to the 800 MHz system, Clean Community has requested mobile radios, portable radios and control stations. The 800 MHz trunked radio system provides users with radio communication between departments or within their own departmental "talk groups." While each department shares a common communications system infrastructure, each department is able to communicate independently and privately. If necessary, such as during emergencies requiring multi-department response, users can be organized into talk groups. The present low band transmitter, purchased in 1980 for the Clean Community Department, has limited range due to the system's low wattage output. The system is not reliable and communication Purchase of 800 MHz System November 6,2002 Page 2 is often unavailable. Telephone circuit lines currently used to transmit signals to communication towers will be terminated thus reducing the cost for leased circuit lines. The mobile radios will be installed in all Clean Community vehicles,the portable radios will be issued to supervisory and field personnel and the control stations will be installed in the Clean Community office, the Landfill office and the field Supervisor's office. BUDGETARY IMPACT Funds are available in the Solid Waste Fund for this expenditure. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Clean Community Director. RECOMMENDED ACTION Approve/Deny the purchase of fifty-two (52) Motorola Model M01MX mobile radios, ten (10) Motorola Model H01 QX portable radios and three(3)control stations in the amount of$114,642.33 through H-GAC. 5 November 12,2002 Consider authorizing a contract with Community Development Properties Beaumont, Inc. City of Beaumont •�• Council Agenda Item O g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 7, 2002 REQUESTED ACTION: Consider authorizing a contract with Community Development Properties Beaumont, Inc. in the amount of$40,000. RECOMMENDATION Administration recommends Council authorize a contract with Community Development Properties Beaumont, Inc. in the amount of $40,000, the second installment of a five year commitment. BACKGROUND In May of 2000, City Council committed to providing $40,000 per year for five years toward historic renovations at Hotel Beaumont (Hotel). These funds will be used for the areas of the Hotel that will be available to groups to host meetings, pre-concert activities or other venues associated with convention and tourist activities. Current restoration efforts include the historic painting and renovations associated with the Mirror Room,Peacock Alley and the Mezzanine. The next phase will provide for the historic renovation of the Rose Room and Sky Room, which will provide larger venues for convention and tourist activities. BUDGETARY IMPACT The City is entitled to utilize revenues derived from the Hotel Motel Occupancy Tax for historic preservation and the promotion of tourism. Funding related to the fiscal year 2001 and 2002 commitments has been carried over in the Hotel Occupancy Tax Fund into FY 2003. Funds related to the FY 2003 commitment are also budgeted in FY 2003, however will not be put under contract until the next phase of the restoration is underway. Council Agenda Item Page 2 November 6, 2002 PREVIOUS ACTION The contract for the first years allocation was executed November 30, 2000 (FY 2001). This request is for the second year of the commitment. SUBSEQUENT ACTION Future year contracts will be executed as required. RECOMMENDED BY City Manager. RECOMMENDED MOTION Approve/Deny authorizing a contract with Community Development Properties Beaumont, Inc. in the amount of$40,000. 6 November 12,2002 Consider a request to amend contracts from the 1999, 2000 and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation(BCHDO) City of Be aumont WWR I Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 6, 2002 REQUESTED ACTION: Council consider a request to amend contracts fromthe 1999,2000,and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation(BCHDO). RECOMMENDATION The Administration recommends amending contracts from the 1999, 2000, and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation(BCHDO)to allocate $57,500 from the 2001 HOME Program CHDO Reserve for developer's fees for the completion of 23 new homes sold to low/moderate income persons. Developer's fees for these contracts are calculated at$2,500 per house(See attachment).The Administration also recommends allocating$30,000 from the 2002 HOME Program CHDO Operating funds for eligible operating costs. BACKGROUND Council approved contracts for$266,200 (Res#01-031), $245,000 (Res#02-266),and$171,500 (Res#02- 266) from the 1999, 2000, and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation(BCHDO). A provision for developer's fees was inadvertently excluded from these contracts. BUDGETARY IMPACT Developer's fees in the amount of$57,500 will be funded from the 2001 HOME Program CHDO Reserve. Operating costs will be funded from the 2002 HOME Program CHDO Operating funds. PREVIOUS ACTION Council approved contracts for$266,200 (Res#01-031), $245,000(Res#02-266), and$171,500 (Res#02- 266) from the 1999, 2000, and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation(BCHDO). SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, and Housing Coordinator/Interim Grants Administrator. RECOMMENDED MOTION Approve/Deny amending contracts from the 1999, 2000, and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation(BCHDO)to allocate $57,500 from the 2001 HOME Program CHDO Reserve for developer's fees for the completion of 23 new homes sold to low/moderate income persons. Developer's fees for these contracts are calculated at $2,500 per house (See attachment). Approve/Deny allocating $30,000 from the 2002 HOME Program CHDO Operating funds for eligible operating costs. Page 2 Beaumont Community Housing Development Organization Res #01-031 Res #02-266 Res #02-266 February 6, 2002 November 6, 2001 November 6, 2001 ($266,200) ($245,000) ($171,500) 750 Florida $2,500 2065 011ie $2,500 5015 Kenneth $2,500 760 Florida $2,500 2075 011ie $2,500 5025 Kenneth $2,500 770 Florida $2,500 3710 Broussard $2,500 5035 Kenneth $2,500 780 Florida $2,500 3720 Broussard $2,500 5045 Kenneth $2,500 790 Florida $2,500 2620 Harriott $2,500 5055 Kenneth $2,500 1065 Ashley $2,500 5065 Kenneth $2,500 1075 Ashley $2,500 5075 Kenneth $2,500 1085 Ashley $2,500 1095 Ashley $2,500 1525 Milam $2,500 1545 Milam $2,500 =Total $27,500 1 Total $12,500 Total $17,500 $2,500 Developers fee per home 23 Homes Attachment 7 November 12,2002 Consider a request to adopt a renewed Citizen Participation Plan that will be amended to reflect a requirement for citizen participation and Council consideration when a change in the proposed use of funds is greater than 20% of the CDBG entitlement ICECity of Beaumont Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 5, 2002 REQUESTED ACTION: Council consider a request to adopt a renewed Citizen Participation Plan that will be amended to reflect a requirement for citizen participation and Council consideration when a change in the proposed use of funds is greater than 20%of the CDBG entitlement. RECOMMENDATION Staff recommends adopting a renewed Citizen Participation Plan that will be amended to reflect a requirement for citizen participation and Council consideration when a change in the proposed use of funds is greater than 20% of the CDBG entitlement. BACKGROUND Federal regulations require the publication of a notice of change in, or cancellation of, an activity whenever the City's Citizen Participation Plan is triggered. The existing Citizen Participation Plan requires public hearings and City Council consideration when a change in the proposed use of funds in a particular activity is greater than 25%. The proposed change will allow the Administration to authorize changes in activities that are eligible under HUD regulations and are still within the scope of the original approved request. BUDGETARY IMPACT The proposed Citizen Participation Plan will greatly decrease advertising costs charged to the Administration line item by reducing the number of publication notices for modest changes that fall within the federal regulations and overall scope of the project. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director,Planning Manager,and Housing Coordinator/Interim Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to adopt a renewed Citizen Participation Plan that will be amended to reflect a requirement for citizen participation and Council consideration when a change in the proposed use of funds is greater than 20%of the CDBG entitlement. Page 2 Citizen Participation Plan Participation 1. Staff will encourage citizen participation, especially from extremely low to low income residents, by conducting informal/informative meetings in a centrally located facility or in conjunction with the regularly scheduled meetings of local neighborhood associations. Depending on the number of local neighborhood associations, staff will determine which process will yield the greater amount of participation in the time allotted,before submission of the final statement of objectives. As a part of the citizen participation process,neighborhood associations will be encouraged to meet with their constituents to prioritize the needs that are critical in their neighborhoods. 2. Staff will decide to conduct public meetings in a centrally located facility if the number of neighborhood associations exceeds a manageable number that could meet during their regularly scheduled meeting time within a 60-day period. 3. When the meetings(at least three)are held in the Civic Center, staff will contact(by letter)each neighborhood association and encourage participation. During the meetings, staff will discuss the nature of CDBG funds,performance report and the Final Statement of Objectives. Staff will also entertain comments, questions and proposals from interested citizens, organizations and neighborhood associations. 4. Staff could also decide to hold regional meetings in the Northeast and Southeast section of the Community Development Block Grant(CDBG) Strategy Area.. Staff would encourage 3 or 4 neighborhood associations to participate in a meeting on a night and place that is mutually convenient. Each neighborhood association and interested citizens in the area would have 10 minutes to present their perspective proposals. 5. Citizens will also be encouraged,through public notices,to attend the Community Development Advisory(CDAC)meetings. The CDAC,which is responsible for submitting recommendations to Council,will review proposals received from citizens, neighborhood associations and staff. After the recommendations are received, Council will conduct a workshop to discuss all of the proposals that were submitted. During the subsequent meeting, City Council will resolve to fund various selected activities. Access To Meetin&s Staff will provide citizens with a 14-day notice prior to public hearings. Notices will be published in the local Sunday paper. Notices will also be forwarded to various churches, non-profit organizations, housing authority, residents,neighborhood vendors, schools and neighborhood associations. Access To Information Citizens,public agencies and other interested parties, including those most affected will be afforded the opportunity to receive information, review and submit comments on any proposed submission concerning the proposed activities including the estimated amount proposed to benefit low-very low and extremely low- income residents. Citizens and organizations will also have access to City plans to minimize displacement and assist those displaced as a result of these activities. Citizens and organizations will have five years to access records. Technical Assistance Upon request, staff will provide technical assistance to those citizens and organizations that need help in developing proposals. Public Hearings Staff will conduct at least three public hearings. The hearings will begin promptly at 6 p.m. with a video or slide presentation on the nature and accomplishments of the Community Development Program at City Hall. After the presentation, staff will explain the consolidated submission process, review staff recommendations for proposed funding in Final Statement of Objectives and obtain views/comments from interested citizens and organizations. A time frame for submission of proposals will also be addressed. Council members and CDAC members will be encouraged to attend. After the questions and answers,the meeting will adjourn. Publishing the Pian Staff will publish a summary of the consolidated Final Statement of Objectives on Sunday in the local newspaper. Copies of the summary will be available in the Community Development Office,Room 225 City, Hall, Monday through Friday from 8:00 a.m.to 5:00 p.m.,the Public Library-Main Branch, 800 Main,Monday through Thursday from 9:00 a.m. to 8:00 p.m., and Friday from 9:00 a.m.to 6:00 p.m. Comments Citizens will have approximately 30 days to comment on consolidated plans prior to submission. The City will consider the views of citizens, public agencies and other interested parties when preparing the final consolidated submission. A summary of the comments including a written explanation of comments that were not accepted and reasons why, will be attached to the final consolidated plan. Timely Response Staff will provide timely, written answers to written complaints and grievance,within 15 days where practical. Amendments Prior to the submission of any substantial change(greater than 20%of entitlement)in the proposed use of funds,citizens will be given reasonable notice of,and an opportunity to comment on the proposed final statement of objectives. A public notice will be published in the Sunday edition of the local newspaper. Information concerning a substantial change will also be forwarded to HUD for review. Note: The City Council is the final decision-making authority for the Community Development Program. All Council meetings are open to public. Citizens who have complaints about the CDBG program should register their complaint directly to the City CDBG staff either during working hours or at neighborhood meetings and public hearings. Complaints should be in written form if at all possible. The City will make every reasonable effort to provide written responses to all complaints within fifteen(15)working days. If citizens do not feel that their complaint has been answered adequately or a satisfactory solution found,they may come before the City Council and present their case. Individual activities or programs under the CDBG program may require a separate and more specific complaint procedure than the process described here. This is particularly true of the Housing Rehabilitation Program where a complaint procedure is outlined in the Housing Rehabilitation Program Handbook. If other activities require a special complaint procedure,it will be described in a handbook made available to citizens. Otherwise,the procedure described above should be followed. Prepared by Planning/Community Development Staff,November 6,2002 ' ° L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 12, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a contract for plumbing services for City facilities B) Approve a resolution amending authorized representatives for the Texas Local Government Investment Pool (TexPool), a public funds investment pool C) Approve a resolution amending authorized representatives for the Local Government Investment Cooperative(LOGIC), a public funds investment pool D) Approve a resolution authorizing the acquisition of two (2) properties out of the David Brown Survey for the Charlton Pollard Park Site E) Approve a resolution authorizing the execution of a License to Encroach Agreement with Hung Quoc Nguyen, dba Time Out Grocery,through their agent Geo Environmental Consultants, Inc., on the City's Blanchette Street right-of-way for the installation of a groundwater monitoring well F) Approve an agreement with the Computer Literacy Center G) Approve an agreement with the Charlton Pollard Neighborhood Association H) Approve a resolution authorizing the settlement of the claim of Jonathan Stevenson a City of Beaumont -Li .jq-' i Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 6, 2002 REQUESTED ACTION: Council approval of a contract for plumbing services for City facilities. RECOMMENDATION Administration recommends award of a one (1) year contract for plumbing services to Premium Plumbing Co., Inc. of Beaumont, Texas at the unit costs reflected in the attached bid tabulation, with an estimated total annual expenditure of$34,542. BACKGROUND The contract specifies that the successful bidder shall provide assorted plumbing services at fixed unit costs and plumbing materials at a fixed percentage markup for one (1) year to maintain City plumbing systems. The specifications allow for a one (1) year renewal at the conclusion of the first year, with prices remaining firm for the extended period. The bid award is based on application of the quoted rates to an estimated usage for each of the cost components included on the bid sheet: plumber hours, helper hours, minimum service call charge, and percentage markup on materials Thirteen (13) vendors were notified, with two (2) responding with bids as attached. BUDGETARY IMPACT Funds are available for this expenditure in the Building Services Division's operating budget. PREVIOUS ACTION None. Contract for Plumbing Services November 6, 2002 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny award of a one (1)year contract for plumbing services to Premium Plumbing Co., Inc. at the unit prices stated in the attached bid tabulation. Contract for Plumbing Services November 6, 2002 Page 3 Premium Plumbing All Stan Plumbing Prior Contract Bid Items Co., Inc. Rates Rate/hour-plumber $45.00 $47.00 $40.00 Rate/hour-helper $l8 00 $22.00 $18.00 Minimum service call $36.00 $36.00 $36.00 %Added to materials 12.50% 15.00% 15.00% Total Bid Amount $34,542 00 $35,872.00 B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 5, 2002 REQUESTED ACTION: Council consider a resolution amending authorized representatives for the Texas Local Government Investment Pool (TexPool), a public funds investment pool. RECOMMENDATION The administration requests approval of Kyle Hayes, City Manager, Max S. Duplant, Finance Officer and Kandy Daniel, Treasurer as authorized representatives for City of Beaumont who are hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. BACKGROUND The Texas Local Government Investment Pool (TexPool), a public funds investment pool, was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. TexPool was approved as investment alternative for the City of Beaumont on November 6, 1996. BUDGETARY IMPACT None. PREVIOUS ACTION Kyle Hayes and Kandy Daniel were set up as authorized representatives for TexPool on August 6, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Treasurer. RECOMMENDED MOTION Approve/Deny a resolution authorizing Kyle Hayes, City Manager, Max S. Duplant, Finance Officer and Kandy Daniel, Treasurer as representatives for City of Beaumont who are hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES WHEREAS City of Beaumont ("Participant")is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds;and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal,liquidity,and yield consistent with the Public Funds Investment Act; and WHEREAS,the Texas Lncal Government Investment Pool("TexPool'),a public funds investment pool,was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE,be it resolved as follows: A. That the individuals,whose signatures appear in this Resolution,are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool and are each further authorized to withdraw funds from time to time,to issue letters of instruction,and to take all other actions deemed necessary or appropriate for the investment of local funds. B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1)is assigned job duties that no longer require access to the Participant's TexPool account or(2)is no longer employed by the Participant; and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee,or agent of the Participant; List the Authorized Representatives of the Participant. These individuals will be issued P.I.N.numbers to transact business via the phone with a participant service representative. 1.Name Kyle Hayes Title City Manager Signature Phone Number (4 0 9 ) 880-3708 TEX—REP 2.Name Kandy Daniel Title Treasurer Signature Phone Number (4 0 9 ) 880-3773 3.Name Max S. Duplant Title Finance Officer Signature Phone Number (4 0 9 ) 880-3767 List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name Kandy Daniel Email kdaniel @ci.beaumont.tx.us In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information.This limited representative cannot make deposits or withdrawals. If the Participant desires to designate a representative with inquiry rights only,complete the following information. 4.Name Title Nada Rogers Deputy Treasurer D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant,and until TexPool receives a copy of any such amendment or revocation.This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the day ,20—. NAME OF PARTICIPANT BY: Signature Printed Name Title ATTEST: Signature Printed Name Title OFFICIAL SEAL TEX-REP City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 5, 2002 REQUESTED ACTION: Council consider a resolution amending authorized representatives for the Local Government Investment Cooperative (LOGIC), a public funds investment pool. RECOMMENDATION The administration requests approval of Kyle Hayes, City Manager, Max S. Duplant, Finance Officer and Kandy Daniel, Treasurer as authorized representatives for City of Beaumont who are hereby authorized to transmit funds for investment in LOGIC and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. BACKGROUND The Local Government Investment Cooperative (LOGIC), a public funds investment pool, was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. LOGIC was approved as investment alternative for the City of Beaumont on March 4, 1997. BUDGETARY IMPACT None. PREVIOUS ACTION Kyle Hayes and Kandy Daniel were set up as authorized representatives for LOGIC on August 6, 2002. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Finance Officer and Treasurer. RECOMMENDED MOTION Approve/Deny a resolution authorizing Kyle Hayes, City Manager, Max S. Duplant, Finance Officer and Kandy Daniel, Treasurer as representatives for City of Beaumont who are hereby authorized to transmit funds for investment in LOGIC and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. LOGIC Amending Resolution Page 1 of 2 RESOLUTION CHANGING AUTHORIZED REPRESENTATIVES FOR LOCAL GOVERNMENT INVESTMENT COOPERATIVE SAMPLE RESOLUTION WHEREAS, City of Beaumont (the "Government Entity")by authority of that certain Local Government Investment Cooperative Resolution (the "Resolution")has entered into that certain Interlocal Agreement(the "Agreement") and has become a participant in the public funds investment pool created thereunder known as Local Government Investment Cooperative ("LOGIC"); WHEREAS,the Resolution designated on one or more "Authorized Representatives" within the meaning of the Agreement; WHEREAS,the Government Entity now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED: The following officers, officials or employees of the Government Entity are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: deposit money to and withdrawal money from the Government Entity's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity in LOGIC: Signature: Kyle Hayes Printed Name: City Manager Title: Signature: Kandy Daniel Printed Name: Treasurer Title: Signature: Max S. Duplant Printed Name: Finance Officer Title: The foregoing supersedes and replaces the Government Entity's previous designation of http://www.logic.org/amendingres.htm 1 1/5/2002 LOGIC Amending Resolution Page 2 of 2 officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall remain in full force and effect. PASSES AND APPROVED this day of , 19 By: Printed Name: Title: ATTEST: By: Printed Name: Title: LOGIC strongly recommends that the Personal Identification Number(PIN)be changed if there is a change in "Authorized Representatives". Please include a request to change the PIN number when sending the "Amending Resolution" to LOGIC. http://www.logic.org/amendingres.htm 11/5/2002 D MAW . f City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 5, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the acquisition of two (2) properties out of the David Brown Survey for the Charlton Pollard Park Site. RECOMMENDATION The property owners listed below have agreed to convey their property to the City for the Charlton Pollard Park Site. Parcel 118 City Plat D, Tract 221/2, David Brown Survey ( 620 Neicy Street) Parcel 121 City Plat D, Tract 36, David Brown Survey ( 600 Block of Neicy Street) Appraised Value: $2,000.00 Appraiser: Bishop Real Estate Appraisers, Inc. Owners: Jerry L. Smith, Maxine J. Smith-Roland, Jimmie W. Smith, Edwin E. Smith, Jacqueline Holt, Heather Green, Don Smith, Jr., Karen Bryant, Donna Humphrey, Palestine Sexton, Wanda Wiggs and Richard A. Smith Administration recommends authorization to acquire these properties. BACKGROUND These properties are needed for the Charlton Pollard Park Site. BUDGETARY IMPACT Community Development Block Grant(CDBG)funds are being used to purchase these properties. PREVIOUS ACTION Of the 13 parcels required, nine (9) have already been acquired and one (1) has been referred to legal for condemnation. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acquisition of two (2) properties out of the David Brown Survey for the Charlton Pollard Park Site. CharltonPolParksk.wpd November 5,2002 SUBJECT CHARLTON POLLARD PARK SITE 9 x S EM ET A GH M y BUFOR➢ � AL o CUNIFF V RT = R05 IG N ~ Y F 7 F C z IR a o x PROPERTY ACQUISITION A w j a J UN ER z SC ER a: � a a a -� REDI RIC CG RN LINO U P �P LA FL Z U :s 11 Z GR NT N MM ,, Rs a> w H MAI y ¢ PO TE a A ORTE T RE BUR TRACTS 221/2 AND 36 J A" ° OU ET E L A > CITY PLAT D E( w z ffiS N i oY a 0 > o w ¢ w ~ y VAN Y BU EN -� a x 0 D. BROWN SURVEY Z ~ a a FULTO O = h a s is a Z LEE LEE!----] I S PR IRE PR r ¢TERR E L rn J T AHIGt N _ x OWNERS: HEIRS OF WILLIE SMITH EUr- HARRIOT P N A A E ALM Chnison Pnrk H A NE DL E.T EADNEEDL LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY x AW j f 52 62 6J.7. a oe 173 *AM jo me .r r 62 62 5.162 ! ! t w I1 � ldi >r tb tAI rr1 ? rrT ' rrf h! r I � . .�.. � t 1.4 50 5r a !f u0 to at rA r o f s '� N tO i is t . So 30 LAMER!!: 11 v SA/ERM�i /� O• n' i S(s _ i as A t' 0 Rfr ; st f! fI f! K) CL 411 fi M M 1Aff At jy �.'I In ,� A ; r d a "° c E v $' w m a if so 97 s .YS SO" 4. 0) s . � N.T.S. E City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 5, 2002 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Hung Quoc Nguyen, dba Time Out Grocery, through their agent Geo Environmental Consultants, Inc., on the City's Blanchette Street right-of-way for the installation of a groundwater monitoring well. RECOMMENDATION The groundwater monitoring well will be installed by Geo Environmental Consultants, Inc. The license will cover the monitoring well at the following location: Monitoring well encroaching onto the City's right-of-way, fifty-two and five tenths feet (525) west of the west right-of-way line of South Fourth Street and a minimum of five feet (5') north of the edge of the pavement of Blanchette Street. The administration recommends authorization to execute the License to Encroach Agreement. BACKGROUND The new groundwater monitoring well is being installed to investigate groundwater contamination. The License Agreement protects the City from liability and provides a thirty(30)day cancellation clause. BUDGETARY IMPACT There is a one time fee of$500 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the execution of a License to Encroach Agreement with Hung Quoc Nguyen, dba Time Out Grocery, through their agent Geo Environmental Consultants, Inc., on the City's Blanchette Street right-of-way for the installation of a groundwater monitoring well. EncroachNguyensk.wpd November 5,2002 SUBJECT LICENSE TO CROCKS J ENCROACH T BLANCHETTE STREET U F ¢ " W E S�� L ANNIN F� L RIGHT—OF—WAY FOR 9 BMT L S .y"' Centra O SYTH INSTALLATION OF r Baptist AGG m » N HosR park A GROUNDWATER "CULL e, COLLEGE 90 9L '9 P MONITORING WELL MILAM y Y 3 1 't o = JO CH MI BLANCHETTE STREET Nm J BLANCH TTEv F CH L i QP, H AR I A W > w RIGHT—OF—WADY Z a o > a ADJACENT TO 2$10 u CART IGHT u z RT R H SOUTH FOURTH R RT RC ERTS STREET RAIRI PR IR = a _ &P ANCES w W L P1 ACE T ZRFLL a W R ICKWE w ��" <v� m ti WASHI GTON OWNER=HUNG OUOC EU ID DORO HY F °z Ft irl ID p NGUYEN, DBA TIME EL oR a HARRIOT OUT GROCERY WAV RLY w THE AN E MOREL ND ° vESTMO E-= ¢ v°+PO T � LA a a LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY 5 FT, (MIN) 2.5 FT. BIW'ChM�R�IA WELL LOCATED MINIMUM 5 FT, 60 FT. FR❑M EDGE OF PAVEMENT RIGHT-OF-WAY N Food Sloe pS 7' m 3 S fWag tiled .6 t H 1., W G 7 Q l 4x1 W athawia d Iv aI Q / a 75 w N.T.S. COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: Monitoring well encroaching onto the City's right-of-way, fifty-two and five tenths feet(52.5')west of the west right-of- way line of South Fourth Street and ' of the south fight of-way litte ofBlanehette Stre a minimum of five feet (5') north of the edge of pavement of Blanchette Street. APPLICANT: Geo Environmental Consultants, Inc. agent for the owners, Hung Quoc Nguyen dba Time Out Grocery DATE OF DISTRIBUTION: October 22, 2002 1) Joris P. Colbert, City Engineer Date Received: 10-29-2002 Acceptance and Approval. Date Received: 10-28-2002 Well shall not be constructed in or within 5' of street pavement. 2) Don Burrell, Building Official Date Received: 10-31-2002 Acceptance and Approval. 3) Jack Maddox, Fire Marshall Date Received: 11-1-2002 Acceptance and Approval. 4) Joe Majdalani, Water Utilities Date Received: 11-1-2002 Acceptance and Approval. 5) Stephen Richardson, Planning Manager Date Received: 10-22-2002 Acceptance and Approval. 6) Mark Horelica, Transportation Manager Date Received: 10-22-2002 Acceptance and Approval. 7) Patrick Sam, Reliant Energy Entex Date Received: 10-22-2002 Acceptance and Approval. 8) James Bryant, Entergy Date Received: 10-23-2002 Acceptance and Approval. 9) Cliff Moore, Southwestern Bell Telephone Date Received: N/A SWBT has informed the City that they will pursue a separate and independent license agreement with the property owners for an additional fee. 10) Richard Le Blanc, D.D.#6 Date Received: 10-23-2002 Acceptance and Approval. 11) Jim Terry, Streets and Drainage Date Received: 11-4-2002 Objections. There is an underground storm sewer pipe at the location they are showing the monitor well. There is a sidewalk on the north side of the pavement. Date Received: 11-5-2002 [Verbal acceptance] Agreed to be notified. 12) Tyrone Cooper, Legal Department Date Received: 11-5-2002 Acceptance and Approval. Accept with the understanding that there is sufficient clearance from any and all city structures and facilities. Also, that proper notice is provided to the appropriate City departments prior to installation or digging. nguy en_comments_summary LICENSE TO ENCROACH STATE OF TEXAS X 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 Hung Quoc Nguyen dba Time Out Grocery, 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: Monitoring well encroaching onto the City's right-of-way, fifty-two and five tenths feet(525)west of the west right-of-way line of South Fourth Street and a minimum of five feet (5') north of the edge of the pavement of Blanchette Street. Said encroachment is shown on Exhibit "A", attached. NOW,THEREFORE,Licensor hereby grants to Licensee a license to occupy and use the subj ect property for the purpose of installing a groundwater monitoring well,subject to all of the terms and conditions hereof. There must be sufficient clearance from any and all City structures and facilities at the encroachment site. Proper notice must be provided to the appropriate City departments and utilities prior to installation or digging. There is a storm sewer at this location. Licensee shall notify Jim Terry, Streets and Drainage at (409) 838-5016 forty-eight hours prior to any excavation or construction. Licensee shall notify Patrick Sam,Entex Corporation at(409) 866- 10 11 forty-eight (48)hours prior to any excavation at site of encroachment. Licensee shall notify Joseph Majdalani, Water Utilities at (409) 880-3784 for utility locates forty-eight(48) hours prior to any construction. 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 of remediation activities,properly close said groundwater monitoring well,with plans subject to approval of the City of Beaumont Water Utilities Department. After three(3)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 Page 1 of 4 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, 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. Page 2 of 4 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 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 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 Hung Quoc Nguyen dba Time Out Grocery, 2310 S. Fourth Street, Beaumont, Texas 77701. 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 TIME OUT GROCERY By: Hung Quoc Nguyen Title: Page 3 of 4 ACKNOWLEDGMENTS 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 X This instrument was acknowledged before me on the day of 2002, by Hung Quoc Nguyen, dba Time Out Grocery. Notary Public, State of Texas RETURN TO: City of Beaumont Ronnie Pullin P. O.Box 3827 Beaumont,Texas 77704 880-3728 geo\license_nguyen Page 4 of 4 7LJ-1J- City of Beaumont Co uncil Agenda Item M TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 5, 2002 REQUESTED ACTION: Council consider a request to authorize the City Manager to execute an agreement with the Computer Literacy Center. RECOMMENDATION The Administration recommends approval of an agreement with the Computer Literacy Center in the amount of$2,400.00 to assist with administrative and operating expenses for a computer literacy program for persons living in the Charlton-Pollard neighborhood. The Computer Literacy Center is a program of the Charlton-Pollard Weed and Seed Initiative contracted out to Ms. Ida Roy, and is designed to promote skills that will lead to better job opportunities for persons living in and around the Charlton-Pollard neighborhood. BACKGROUND The Weed and Seed Steering Committee approved funding for this activity on May 21,2002. As per U. S. Dept.of Justice/Executive Office for Weed and Seed regulations,allocation of these funds are made by the Weed and Seed Steering Committee. BUDGETARY IMPACT The Computer Literacy Center will be funded from the 2000 Weed and Seed initiative in the amount of$2,400.00. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director,Planning Manager,and Housing Coordinator/Interim Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to authorize the City Manager to execute an agreement with the Computer Literacy Center in the amount of$2,400.00. Page 2 G City of Beaumont Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 5, 2002 REQUESTED ACTION: Council consider a request to authorize the City Manager to execute an agreement with the Charlton-Pollard Neighborhood Association. RECOMMENDATION The Administration recommends approval of an agreement with the Charlton-Pollard Neighborhood Association in the amount of$7,020.00 to assist with administrative and operating costs associated with educational and development after school activities for youth participating in the Charlton- Pollard Neighborhood Education Development Goals Enrichment Program(E.D.G.E.). BACKGROUND The Weed and Seed Steering Committee approved funding for this activity on May 21,2002. As per U. S.Dept.of Justice/Executive Office for Weed and Seed regulations,allocation of these funds are made by the Weed and Seed Steering Committee. BUDGETARY IMPACT The Charlton-Pollard Neighborhood Association E.D.G.E. Program will be funded from the 2000 Weed and Seed Initiative. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director,Planning Manager,and Housing Coordinator/Interim Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to authorize the City Manager to execute an agreement with the Charlton Pollard Neighborhood Association in the amount of$7,020.00 to assist with administrative and operating costs associated with educational and development after school activities for youth participating in the Charlton-Pollard Neighborhood Education Development Goals Enrichment Program(E.D.G.E.). This activity will be funded from the 2000 Weed and Seed Initiative. Page 2 H City of Beaumont �ji Council Agenda Item � - , • NL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: November 12, 2002 AGENDA MEMO DATE: November 6, 2002 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Jonathan Stevenson. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Jonathan Stevenson. BACKGROUND Council authorized the settlement of this clain in Executive Session November 12, 2002. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$15,500. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the claim of Jonathan Stevenson. G:\CG\RESOLUTI\CLAIMLAW.DOC\AGEN MEMO-CLAIM\Stevenson-11-02.wpd RESOLUTION NO. WHEREAS, the claim of Jonathan Stevenson has been discussed in an Executive Session properly called and held Tuesday, November 5, 2002; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Jonathan Stevenson in the amount of Fifteen-Thousand Five-Hundred ($15,500) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of November, 2002. - Mayor Evelyn M. Lord -