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HomeMy WebLinkAboutPACKET APRIL 08 2003 I*J City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 8, 2003 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Section 26-23 of the Code of Ordinances relating to speed limits on Concord Road, MLK Parkway and Gulf Street 2. Consider approving an agreement with the Burlington Northern and Santa Fe Railway(BNSF) and the Texas Department of Transportation(TxDOT) to permanently close railroad crossings on Long Street at Oakland, Center, Forrest and Stephenson Streets 3. Consider approving the renewal of a lease agreement with the Beaumont Art League 4. Consider accepting the Athletic Complex Post-Tension Concrete Tennis Court Resurfacing Project, approving a change order and authorizing final payment 5. Consider approving a change order to the Lawson's Pump Station contract WORKSESSION Review the 2003 Public Services/Public Facilities & Improvements and Emergency Shelter Grant applications along with Administration and CDAC recommendations 6. Consider allocations relating to the 2003 Public Services/Public Facilities& Improvements and Emergency Shelter Grant requests COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Herbert Howard 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 April 8,2003 Consider amending Section 26-23 of the Code of Ordinances relating to speed limits on Concord Road, MLK Parkway and Gulf Street V~ Cit y of Beaumont •� Council Agenda Item �z � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: April 8, 2003 AGENDA MEMO DATE: April 1, 2003 REQUESTED ACTION: Council consider an amendment to Section 26-23 of the Code of Ordinances modifying speed limits on Concord Road, MLK Parkway and Gulf Street. RECOMMENDATION Administration recommends amending Section 26-23 of the Code of Ordinances to modify the speed limits on Concord Road, MLK Parkway and Gulf Street. BACKGROUND After reviewing speed study results of motorists traveling along the recently widened portions of Concord Road, MLK Parkway and Gulf Street between Interstate 10 and East Lucas, the Transportation Division is recommending adopting the following speed limits. Street Limits of Zones Direction of Travel Miles Per Hour Max Min Gulf Street From the centerline N/S 40 of the Interstate 10 north service road to Concord Road. MLK Parkway From the centerline N/S 40 of the Interstate 10 north service road to Gulf Street. Concord Road From the centerline of N/S 40 Gulf Street to the center- line of Plum Street. Street Limits of Zones Direction of Travel Miles Per Hour Max Min Concord Road From the centerline of N/S 35 Plum Street to the center- line of East Lucas. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/Deny an amendment to Section 26-23 of the Code of Ordinances modifying the speed limit of Concord Road, MLK Parkway and Gulf Street. SpeedLimit.wpd 04-02-2003 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONTTO ESTABLISH MAXIMUM SPEEDS IN CERTAIN ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 26, Section 26-23 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended to include the following: Direction Miles Per Hour Street Limits of Zones of Travel Max Min Gulf Street From the centerline of the N/S 40 Interstate 10 north service road to Concord Road. MLK Parkway From the centerline of the N/S 40 Interstate 10 north service road to Gulf Street. Concord Road From the centerline of Gulf Street N/S 40 to the centerline of Plum Street. Concord Road From the centerline of Plum Street N/S 35 to the centerline of East Lucas. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances, should for any reason be held invalid, such invalidity shall in no way affect the remaining portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates 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 8th day of April, 2003. - Mayor Evelyn M. Lord - 2 April 8,2003 Consider approving an agreement with the Burlington Northern and Santa Fe Railway(BNSF) and the Texas Department of Transportation(TxDOT)to permanently close railroad crossings on Long Street at Oakland, Center, Forrest and Stephenson Streets City of Beaumont 7LJ1J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: April 8, 2003 AGENDA MEMO DATE: April 1, 2003 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with the Burlington Northern and Santa Fe Railway (BNSF) and the Texas Department of Transportation (TxDOT) to permanently close railroad crossings on Long Street at Oakland, Center, Forrest and Stephenson Streets. RECOMMENDATION Administration recommends entering into an agreement with BNSF and TxDOT to permanently close railroad crossings on Long Street at Oakland, Center, Forrest and Stephenson Streets. BACKGROUND In October 2001, city officials attended a meeting of the MLK Neighborhood Association and presented the association with a conceptual plan to reduce the number of railroad crossings along Long Street. This plan was met with approval by the neighborhood association. Discussions with BNSF and TxDOT resulted in an agreement to share the costs with railway crossing safety improvement funds. BNSF Railway is now requesting the execution of an agreement outlining city, state and railroad participation in this project. BUDGETARYIMPACT The preliminary cost estimate is $130,000. BNSF will reimburse $40,000 and TxDOT will reimburse $30,000. The City will be responsible for the remaining $60,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to enter into an agreement with BNSF and TxDOT to permanently close railroad crossings on Long Street at Oakland, Center, Forrest and Stephenson Streets. BNSF.wpd 04-02-2003 , Jefferson County CSJ: 5800-00-001 Project: STP 98(532)RXH Railroad Crossing Consolidations: DOT No.023 687K—Oakland Street 02 3689Y—Center Street, 023 690T—Forrest Street, Unassigned#-Stephenson Street in Beaumont THE STATE OF TEXAS § Contract Number THE COUNTY OF TRAVIS § TEXAS DEPARTMENT OF TRANSPORTATION HIGHWAY-RAILROAD GRADE CROSSING CONSOLIDATION AND CLOSURE AGREEMENT FOR FEDERAL AID PROJECTS THIS AGREEMENT, made and entered into on the date hereinafter shown as being fully executed, by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Beaumont, hereinafter called the Municipality, and The Burlington Northern and Santa Fe Railway Company, a corporation, hereinafter called the Railroad. WITNESSETH WHEREAS, pursuant to the Highway Safety Act of 1973, the State is charged with the responsibility of prioritizing grade crossing safety improvements for public highway-railroad grade crossings in the State of Texas using federal funds; and, WHEREAS, Chapter 471 of the Texas Transportation Code invests the State with certain powers and duties relating to highway-railroad grade crossings and other matters relating to railroads and their operations; and, WHEREAS, in the interest of public safety, the State, the Municipality, and the Railroad propose to consolidate and close existing redundant, non-essential highway-railroad grade crossing(s), and make other operational or safety improvements to facilitate the elimination of safety hazards at highway- railroad grade crossings at selected locations. NOW, THEREFORE, in consideration of the premises and the mutual undertakings as herein set forth, the parties hereto agree as follows. AGREEMENT Article 1. Scope, of Work. The State, Municipality and Railroad agree to the permanent closure and vacation of existing railroad grade crossings, and to make other operational or safety improvements to facilitate the closure of said existing railroad grade crossings as shown on the Exhibit"A", as attached hereto and made a part hereof. Article 2. Maximum Amount Payable. The State's maximum amount payable under this contract shall not exceed the availability of appropriated federal funds for the project for the fiscal year in which work Crossing Closure Agreement Page 1 of 5 02/05/03 is performed. The State shall advise the Railroad and Municipality of the availability of funds. In any event. the State's maximum amount payable to the Municipality for the permanent closure of each existing highway-railroad grade crossing shall not exceed $7,500 for each crossing closed, contingent on the Railroad providing matching funds equal to or exceeding the State's cost participation. Article 3. Agreement Not a Waiver. The Railroad's agreement to perform the. work included in Attachment "1" as attached hereto and made a part hereof does not constitute a waiver by the Railroad to any rights of ownership currently vested in the Railroad. Article 4. Plans, Specifications and Estimates. The State has prepared Attachment"1",listing the work to be performed. The Municipality shall furnish the State a detailed estimate with an itemized listing of material, including the number of units and unit cost. The State and Railroad shall review and approve the estimate. The State has prepared Attachment "2", Summary of Costs, as attached hereto and made a part hereof. All traffic control devices installed herein shall comply with the latest edition of the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. Article 5. Performance of Work. The Municipality agrees to perform the roadway work as shown on Exhibit "A". The Railroad is solely responsible for removal of the existing crossing surface and warning devices on Railroad right-of-way and making any changes or alterations in the tracks, wire lines, drainage, or other Railroad owned facilities located in the crossing right of way and as shown, or as otherwise shown, on Exhibit"A". Article 6. Work Orders. In lieu of a Work Order, the Railroad shall coordinate with the State and/or the Municipality to begin work at each location and will provide the construction stakes and elevations as required. If an emergency arises and any party to this agreement is unable to begin work as agreed upon, that party shall notify the other parties in a timely manner. Article 7. Suspension of Work. If the Municipality and/or Railroad find it necessary to suspend work on the project for any reason, it shall notify the State of the date work was suspended and the date work on the project is to be resumed. The Municipality and/or Railroad must notify the State when work is resumed. Article 8. Materials. The Railroad and/or Municipality may purchase materials upon receipt of written authority to assemble materials from the State. All materials assembled for this project must comply with the specifications included in Attachment"1" Article 9. Amendments. No changes, revisions, amendments or alterations in the terms of this agreement, including exhibits and attachments hereto, shall be made unless a written amendment is agreed to by the State, Municipality, and Railroad. Article 10. Compliance with Laws. As applicable, the State, Municipality, and Railroad and all contractors shall be required to comply with all federal and state laws, statutes, rules and regulations, together with all lawful local ordinances, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this contract, including without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations including 49 CFR 21 and 23 CFR 710.405 and Executive Order 11246, licensing laws and regulations and all relevant provisions of the Federal-Aid Policy Guide, issued by the Federal Highway Administration on December 9, 1991 and amendments thereto except as Crossing Closure Agreement Page 2 of 5 02/05/03 modified by the provisions herein, including requirements of 23 CFR 646 (Railroad-Highway Projects), all included herein by reference. The parties shall comply with any other requirements or directives included as Exhibit C, Related Documents. No party to this contract will award any contract to any party that has been debarred, suspended, or is otherwise ineligible for participation in federal assistance programs under Executive Order 12549 "Debarment and Suspension". When required, the Municipality and/or Railroad will furnish the State with satisfactory proof of compliance therewith. The parties to this agreement will comply with the Cost Principles stated in the Federal Acquisition Regulations (FAR Part 31) which require all project costs to be allowable, reasonable and allocable to the project, and with Disadvantaged Business Enterprise Program requirements in 48 CFR Part 23 which require that minorities will affirmatively be provided reasonable opportunity to provide goods and services for the project. The Municipality agrees to enact and pass the necessary ordinance, order, or administrative instrument necessary to permit the permanent closure and vacation of the highway-railroad grade crossing(s) as listed on the attached Attachment 2. Said ordinance, order, or administrative instrument shall be attached hereto as Attachment 3, Related Documents. Article 11. Payment. The State and Railroad agree to reimburse the Municipality in accordance with the cost participation as shown in Attachment 2, Summary of Costs. The Railroad's cost participation shall be directly billed by and paid to the Municipality. The State and Railroad will reimburse the Municipality no later than thirty (30) days after receiving properly prepared invoices. A. Basis of Payment. Reimbursement by the State to the Municipality is based upon actual costs, not to exceed $7,500 for each highway-railroad grade crossing closed, and in accordance with Article 2. Maximum Amount Payable. B. Final Billings. After all work has been completed in accordance with the specifications included in Exhibit A, the Municipality shall notify the State in writing of the date all work was completed. Following final inspection and certification of project completion by the State, the Municipality shall submit a complete and final bill to the State within 120 days thereafter. The final bill shall refer to the project number, project control number(C-S-J), specify the project location and include, itemized listings of material, including the number of units and unit cost and the total amount due the Municipality based on the cost of the project. The State shall pay the Municipality within 45 days of receipt of the final bill. The Municipality shall submit only one final bill for reimbursement by the State. After final payment and audit by the State, no supplemental final bill or reimbursement for any other costs shall be submitted by the Municipality or Railroad for reimbursement by the State. Article 12. Records. The State, the Municipality, and the Railroad shall maintain books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at their offices during the contract period and for three years from the date of final payment. The records shall be made available to representatives from the State or U. S. Department of Transportation, including the Office of Inspector General, for the purpose of making audits, inspections, transcriptions, or excerpts. Article 13. Maintenance. The Municipality shall own and maintain any barricades, fences or other facilities not located on Railroad right-of-way as installed, and in accordance with the project design as shown in Exhibit"A". Article 14. Termination. This agreement is effective as of the last date of execution by the Railroad, the Municipality, and the State and shall continue in effect thereafter until terminated as provided for in this Crossing Closure Agreement Page 3 of 5 02/05/03 article. This agreement may be terminated in whole or in part by either the State, the Municipality, or the Railroad as follows: A. By mutual consent and agreement of the parties hereto; B. By the State for reasons of its own and not subject to the mutual consent of the Municipality and Railroad,upon not less than thirty days written notice to the Municipality and Railroad; C. By the State if federal funds are no longer available to fund the warning devices at the grade crossings; D. By the Railroad if the grade crossings identified in Attachment "2"cease to belong to it or cease to operate trains across the intersection; E. By the State giving notice in writing to the Municipality and/or Railroad as a consequence of failure by the Municipality and/or Railroad to perform the work authorized herein in accordance with the terms, conditions, or required items of work, with proper allowances being made for circumstances beyond the control of the Municipality and/or Railroad and after providing at least thirty days notice for the Municipality and/or Railroad to remedy the noncompliance; Should this agreement be terminated for any reason(s) specified above, the Municipality shall compensate the Railroad for the reasonable value of services and work satisfactorily performed up to the date of termination, and in accordance with Article 10. Compliance with Laws. Article 15. Signatory Warranty. Each signatory to this agreement certifies that he has the authority to enter into this agreement on behalf of his organization. Crossing Closure Agreement Page 4 of 5 02/05/03 IN WITNESS WHEREOF, the State, the Municipality, and the Railroad have executed triplicate counterparts of this agreement. 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 Texas Transportation Commission under the authority of Minute Order 100002. By Date Carlos A. Lopez, P. E., Director,Traffic Operations Division THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By Date Timothy J. Huya, Manager Public Projects THE CITY OF BEAUMONT By Date Kyle Hayes. City ;Manager Notices: For the purposes of this agreement, all notices, correspondence, billings, and other documentation shall be mailed to the following addresses: For the State of Texas For BNSF Railway Co. For City of Beaumont Railroad Section Director Manager Public Projects Tom Warner,P.E. Texas Department of Transportation BNSF Railway Co. Director Public Works Traffic Operations Division(TRF-RR) 5800 North Main Street City of Beaumont 125 E. 11th Street Fort Worth,TX 76179 P.O:Box 3827 Austin,TX 78701-2483 Beaumont,TX 77704 Crossing Closure Agreement Page 5 of 5 02/05/03 Jefferson County CSJ 0920-38-160 Project STP 98(532)RXH Oakland Street -DOT No.023 687K Center Street—DOT No.023 689Y Forrest Street—DOT No.023 690T Stephenson Street—DOT No. unassigned crossing closure, in Beaumont Scope of Work: 1) City of Beaumont to permanently close and vacate the Oakland Street(DOT No. 023 687K)at-grade crossing. 2) City of Beaumont to permanently close and vacate the Center Street(DOT No. 023 689Y)at-grade crossing. 3) City of Beaumont to permanently close and vacate the Forrest Street(DOT No. 023 690T)at-grade crossing. 4) City of Beaumont to permanently close and vacate the Stephenson Street(DOT No. Unassigned) at- grade crossing. 5) City of Beaumont to install a six-inch(6")raised asphalt curb that will be located two (2)to three(3) feet outside each rail of BNSF's tracks.The curb will be continuous from Martin Luther King Parkway to Magnolia Street, with a break to allow vehicle crossings only at Ewing Street. 6) City of Beaumont will complete the Long Street pavement rehabilitation to allow one-way travel on Long Street on the north and south side of the tracks. Signing and pavement marking improvements will be implemented as needed to complete the project. 7) BNSF to donate$40,000 to City of Beaumont in consideration of the closure of 4 Public streets. 8) Texas Department of Transportation (TXDOT) to provide up to a maximum of$7,500 per crossing closure for a total of$30,000 to the City of Beaumont to be used towards the necessary roadway improvements indicated on the detailed Attachment"2"-Cost Estimate. ATTACHMENT 1 TEXAS DEPARTMENT OF TRANSPORTATION SUMMARY OF ESTIMATED COST - 1998 FEDERAL RAILROAD SIGNAL PROGRAM February 27, 2003 Jefferson County CSJ.0920-38-160 Project STP 98(532)RXH Oakland Street -DOT No. 023 637K Center Street—DOT No. 023 639Y Forrest Street—DOT No. 023 690T Stephenson Street—DOT No. unassigned crossing closures, in Fort Worth 1. Participation and Cost Estimate by the City of Beaumont Permanently close and vacate the Oakland Street (DOT No. 023 687K), Center Street (DOT No. 023 689Y), Forrest Street—DOT No. 023 690T, and Stephenson Street(DOT No. unassigned) at-grade crossings. Install 6-inch raised curb on north and south sides of railroad tracks. Complete Long Street pavement rehabilitation, including necessary pavement markings and signage. Preliminary cost estimate is $130,000 to be reimbursed by the Railroad and State as shown below. 2. Participation and Cost Estimate by Burlington Northern & Santa Fe Railway Provide labor and equipment to remove crossing surfaces, signs, and devices. BNSF will pay $40,000 to City of Beaumont in consideration of the 4 public closures upon receipt of an invoice. 3. Participation and Cost Estimate by Texas Department of Transportation Reimburse the City of Beaumont $30,000.00 for construction of roadway improvements along Long Street. SUMMARY: City Cost Participation $60,000.00 BNSF Railroad Cost Participation $40,000.00 State Cost Participation (100%Federal funds) $30,000.00 TOTAL ESTIMATED PROJECT COST $ 130,000.00 Approved: Darin K. Kosmak Railroad Section Director Traffic Operations Division Attachment 2 y (ROOK 2 m RTHU OLE -� LEIGHT m O Mag71N O } IVES g"f6` X HILL Pint 'veer P- / T p In = > AULI i ¢ !Z Y NO EARL a I �, w a I In F COUSIN RIMROS z P"NG HONE p w Canal / 3____ — POPE_ 023685W, Gulf Street, RRMP: 0.15 FLS i ICA a �P M NING D RM °� 023686D, MLK Parkway, RRMP: 0.23 F/G/C In ¢ �.. '�" p �� JEEP TRL %-�� CAROLI E G SSHOU E ¢ F 9� BEAD E ET CLOSE - 023687K Oakland Street RRMP: 0.30 (X-13) / LEGE DES PJO aSouth Texas Slat Fairground O 023688S Ewing Street RRMP: 0.37 X-B 0 / PPS T OOD ° BgI\AD ELLEq > CLOSE - 023689Y Center Street RRMP: 0.44 X-B / � D IG N 0 ^ S zAROM D b °``2 �9� CLOSE - 023690T Forrest Street RRMP: 0.51 X-B W °NW ym 023691 A Magnolia Avenue RRMP: 0.63, (F/C OLLINGER LIVE OA C > MARITI E QPV �s ir E a, 023692G Grand Avenue RRMP: 0.69 X-B ' SEP) O a ALDWEL a \ > Y�E ACE O w EAC 023693N, Willow Street RRMP: 0.7'5 FL ST AR E S ISL z > AL 10ACCESS Si-I m ,o E ,oq Q 023694V, US 90 Overpass, RRMP: 0.78, SEP w sS �o Re J Park ¢ ¢ �Q q0Y to Q L "IS A Z 023695C, Pearl Street RRMP: 0.80 FLS r .-B m 3, p RES C ° V L _ 023696) PRIVATE/INDUSTRY Road RRMP: 0.86 i(�'- Si X-B LONG z a 023697R Pine Street RRMP: 0.89 LONG _ H RRIS N HAZEL RRIS 023698X PRIVATE/Trinit Industries RRMP: 0.98, (N,( .LS * Z — -- a p Y NOR F/C� J CLOSE - Unassicined # Stephenson Street RRMP: 0.57 T EL ZAB TH Brake CALDE_ a Beaumont B OADW Y r ----�6 1 N Llf V .IRERT OG� 'L z ���ITTT--- Z r�ouft> ui. to , EXHIBIT A RABI FLS) ( _I_ -- •©-19937DeL•ormeVapp rig 'ITH EXISTING CONDITIONS i I I Z I S1 I WI 1 Uf 1 WI 1 21 I <1 I 91 1 -- ---J -- t! � LGNG 01 I--------------� _— 1 LONG EDGE OF Pv11T L R/R RAD.S LEGEND - PAD-QUAD TRACK nrmt� ----- --- RDV LM --- DETAIL OF TYPICAL CONDITIONS PROPOSED ADJUSTMENTS III i I W = J1 I WI I WI 1 �1 1 NI 1 s 1 I Ids �I I �l II 1 a l I © ;ERR �----- __ LONG a 1 BARRIERS �---- i _o a a o ------I �--- LONG POW - _ EDGE OF PVNT__ i� RAISED BARRI rr EXHIBIT A r _ LEGEND a�R RAD.S el RAILROAD TRACK -�*-1-*-I-'- RAISED BARRIER RAISED BARRIERS--__--__-- ROV RGV ID+E DDtECTIDN OF --_ TRAFFIC MOW DETAIL OF TYPICAL ADJUSTMENTS 3 April 8,2003 Consider approving the renewal of a lease agreement with the Beaumont Art League City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: April 8, 2003 AGENDA MEMO DATE: April 3, 2003 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of a lease agreement with the Beaumont Art League. RECOMMENDATION Administration recommends authorizing the City Manager to execute the five-year renewal of a lease agreement with the Beaumont Art League (BAL) for art museum property and facilities located at Fair Park. BACKGROUND The purpose of BAL is for the advancement of the fine arts. The Art League originally entered into a lease agreement with the City in 1977 for the use of a .449 acre tract of property and buildings located at Fair Park. Since that time, the lease has been renewed every five years. The proposed lease is a renewal of the agreement previously assigned to the BAL. The provisions of the lease remain relatively the same as the prior agreement. However, additional provisions were included to provide for increased liability insurance coverage, additional fire coverage, and extended coverage endorsements for the buildings. Since 1975 the YMBL has leased the Fairgrounds to host the South Texas State Fair. They have total use of the grounds for a period of 29 days. The YMBL has informed the City they will not use the Fairgrounds after 2005. To make BAL aware in the new agreement that the grounds surrounding their leased premises may be included in future leases of Fair Park property, verbiage to that effect is included in paragraph 10. Beaumont Art League Lease Agreement April 3, 2003 Page 2 BAL is responsible for all maintenance and repairs, and the agreement contains a clause indemnifying the City from any damages or losses incurred from the use of the leased property. The City has agreed to assist BAL by renovating the building's restroom facilities. Although under no contractual obligation to do so, the City will ensure the restroom facilities meet ADA accessibility guidelines. A copy of the lease agreement in its substantial form is provided for your review. BUDGETARYIMPACT As consideration for the leased premises, BAL agrees to pay the City a nominal rental fee of One Dollar ($1.00) for the five-year term of the lease. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute the renewal of a lease agreement for the Beaumont Art League to utilize space at Fair Park, for a five-year term commencing on April 1, 2003 and ending on March 31, 2008. THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT THIS LEASE CONTRACT, dated April 1, 2003,by and between the City of Beaumont, a municipal corporation of Jefferson County,Texas,acting herein by and through its duly authorized City Manager,hereinafter referred to as LESSOR, and the Beaumont Art League, a corporation of Jefferson County, Texas, acting herein by and through its legally constituted officers, hereinafter referred to as LESSEE; WITNESSETH : For and in consideration of the sum of One Dollar ($1.00) cash and the performance by LESSEE of the covenants and conditions hereinafter recited,LESSOR does by these presents lease, let and demise unto LESSEE the following described property and improvements thereon, located within the City of Beaumont, Jefferson County, Texas, and being part of Fair Park, and more particularly described as follows: Being a tract of land out of the South Texas State Fair Grounds property in the James Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more particularly described as follows: Beginning at a point lying sixty-seven and sixty-five hundredths feet (67.65') west of the west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet(361.35) north of the north line of Plum Avenue as both are now established in the City of Beaumont, said point being marked by a one-half inch(%") iron rod; Thence west two hundred two feet(202')to corner marked by a one-half inch(%")iron rod, said point being at the south edge of an existing concrete walk and being thirty feet(30')east of the easterly line projected of what is now known as the Agricultural Building; Thence south 00 degrees 03 minutes west along a line parallel with and thirty feet(30')east of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths feet (96.65')to corner marked by a one-half inch(V2")iron rod, said point being in line with the southerly line of said Agricultural Building projected eastward; Thence south 89 degrees 54 minutes east along the southerly line of said Agricultural Building projected eastward two hundred two feet(202')to corner marked by a one-half inch (%2") iron rod; Thence north 00 degrees 03 minutes east ninety-seven feet(97')to the place of beginning; The above described tract, herein referred to as Leased Premises, contains 0.449 acres and improvements,more or less; 1. The lease shall be for a term of five (5) years, beginning April 1, 2003 and ending on March 31, 2008. 2. The Leased Premises hereunder shall be used by the LESSEE for the purpose of advancing the arts and for such other further purposes as the LESSEE desires in the furthering of fine arts. 3. LESSOR reserves the right to park motor vehicles on the Leased Premises in connection with its use of Fair Park,providing that no parking shall be permitted within ten feet(10')of any building on said Leased Premises. 4. LESSOR,its employees and agents,shall have the right at all times to go on or about the said premises for the purpose of inspecting same, or for any other legitimate purpose. Page 2 of 6 5. LESSEE shall not make alterations, additions or improvements to the Leased Premises or buildings thereon without the prior written approval of the City Manager of LESSOR or his DESIGNEE, and all such alterations, improvements and additions made by LESSEE upon the Leased Premises shall remain upon the Leased Premises at the expiration of this lease and become the property of LESSOR. 6. LESSEE shall be responsible for any and all maintenance,repairs,and improvements, either major or minor, that are necessary to the Leased Premises and LESSEE agrees to keep the Leased Premises in a good state of repair throughout the term of this lease or any extension thereof. LESSOR agrees to pay all utility charges during the term of this lease and any extensions. On the expiration of this lease,LESSEE shall deliver the premises described herein and all improvements thereon to LESSOR in good condition. LESSOR may, at its own cost and expense, make improvements or repairs to the Leased Premises,subject to the appropriation of City funds,although LESSOR is under no obligation to do so. The LESSOR shall consult with LESSEE prior to making said improvements. 7. LESSEE agrees to indemnify and save the LESSOR free and harmless from all claims or liability for damages to any person or persons for injuries to person or personal injuries resulting in the death of any person, or loss or damage to property occasioned by or in connection with the use of the premises hereby rented caused by any source whatsoever, expressly including claims arising from the alleged negligence of LESSOR LESSEE hereby Page 3 of 6 assumes full responsibility for the character acts and conduct of all persons admitted to said premises, or to any portion of said building by the consent of said LESSEE, by or with the consent of the said LESSEE. 8. LESSEE agrees to obtain and maintain in full force and effect for the duration of this Agreement, and any extension thereof, Commercial General Liability Insurance on the Leased Premises in the following types and amounts: 8.1 Premises Operations Combined single limit for bodily 8.2 Independent Contractors injury and property damage of 8.3 Personal Injury $1,000,000 per occurrence with an 8.4 Advertising Injury aggregate limit of$1,000,000.00 8.5 Medical Payments $5,000.00 8.6 Fire Legal Liability $50,000.00 8.7 Contractual Liability $1,000,000.00 The cost of said policies shall be borne by LESSEE, and said policies shall name LESSOR as a named insured as well as LESSEE. Policies shall provide for fifteen (15) days notice to LESSOR for cancellation,non-renewal or material change. LESSEE shall further maintain fire insurance with extended coverage endorsements on a replacement basis for the full insurable value covering all of the Leased Premises,with the LESSOR noted as co-loss payee. This policy shall be for a term on not less than one (1) year and renewed annually prior to expiration so long as this lease is in existence. Certificates evidencing said insurance shall be provided to the LESSOR. The certificate shall provide for a minimum of fifteen (15)days notice to LESSOR of any cancellation of the insurance required herein. Should the Leased Premises or any portion thereof be wholly or partially destroyed or lost by fire, explosion, windstorm, theft or any other cause, any and all monies payable and collectible on policies of Page 4 of 6 insurance covering the Leased Premises shall be paid to LESSOR. LESSOR shall have sole discretion concerning whether to rebuild or repair the Leased Premises or take no action to rebuild or repair. LESSOR has no insurance on contents within the Leased Premises. Should LESSEE desire to insure contents, LESSEE must provide such insurance at its own cost and expense. Should LESSOR opt not to repair the Leased Premises after an insured loss then LESSEE may at its option terminate this lease and whether it terminates or not, shall have no responsibility to repair the damages caused by the insured loss to the Leased Premises, notwithstanding the provisions of Paragraph 6. 9. At the expiration of the term of this lease,LES SEE may hold over on a month-to-month basis only under the same terms and conditions as set out in this lease. 10. LESSEE acknowledges that the Young Men's Business League (YMBL)has leased all of Fair Park for the operation of the South Texas State Fair. LESSEE acknowledges,understands and accepts that during such leased period each year access to the Leased Premises and parking may be severally limited or denied and that, although LESSEE's use of the interior of the building on the Leased Premises is not legally limited by the YMBL's use of Fair Park, it may be, as a practical matter, severally limited by inconsistent uses put to the surrounding property by the YMBL in their operation of the South Texas State Fair. The substance of the provision of Paragraph 9 of this lease shall be incorporated into that certain lease contract entered into by and between LESSOR herein and the said Young Men's Business League of Beaumont,Texas,covering the said South Texas State Fair Grounds and the said Page 5 of 6 twenty-nine(29) day period. If LESSOR terminates its lease contract with the YMBL for the South Texas State Fair at Fair Park,access to the Leased Premises would no longer be encumbered by the YMBL's use of Fair Park facilities. However, LESSOR reserves the right to enter into Agreements with other entities at any time during the term of this Agreement,or any extension thereof,which may limit access to Leased Premises as described and required in Paragraph 10. 11. This lease is made subject to all provisions of the City Charter of the City of Beaumont, Texas. EXECUTED in duplicate originals this day of April, 2003. LESSOR: CITY OF BEAUMONT ATTEST: By: Kyle Hayes, City Manager Susan Henderson, City Clerk LESSEE: BEAUMONT ART LEAGUE ATTEST: By: Colleen Burns, President Alexis McCarthy, Director Beaumont Art League Page 6 of 6 4 April 8,2003 Consider accepting the Athletic Complex Post-Tension Concrete Tennis Court Resurfacing Project, approving a change order and authorizing final payment City of Beau mont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: April 8, 2003 AGENDA MEMO DATE: March 31, 2003 REQUESTED ACTION: Council consider a resolution to accept the Athletic Complex Post- Tension Concrete Tennis Court Resurfacing Project, approve Change Order No. 1 in the amount of$8,292, and authorize Final Payment in the amount of$44,892 to Trans Texas Tennis, Inc. RECOMMENDATION Administration recommends acceptance of the Project, approval of Change Order No. 1 in the amount of$8,292, and authorize Final Payment in the amount of$44,892. BACKGROUND On June 25,2002,the City Council awarded Trans Texas Tennis, Inc. the contract for the Athletic Complex Post-Tension Concrete Tennis Court Resurfacing Project for an amount of$245,600. During performance of the construction, the City has authorized additional work in the amount of $8,292 increasing the contract amount to $253,892. Change Order No. 1 reflects the additional work. The MBE participation in the performance of the contract totals $25,308 representing 10% of the final contract amount. A copy of Schedule C identifying the MBE participation is attached. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution accepting the Athletic Complex Post-Tension Concrete Tennis Court Resurfacing Project, approve Change Order No. 1 in the amount of$8,292, and authorize Final Payment in the amount of$44,892 to Trans Texas Tennis, Inc. AthleticComplexTemissk.wpd March 31,2003 CITY OF BEAUMONT DATE: March 31, 2003 PROJECT: Athletic Complex Post-Tension Concrete Tennis Court Resurfacing OWNER: City of Beaumont CONTRACTOR: Trans Texas Tennis, Inc. CHANGE ORDER NO. 1 THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: 1. Install 12'x 10' double drive gate at fence separating north and south courts for a total cost of$1,452. 2. Construct 5'x 40'A.D.A. ramp with curb and galvanized handrails and gate for a total cost of$6,840. ORIGINAL CONTRACT AMOUNT: $ 245,600.00 NET FROM PREVIOUS CHANGE ORDERS: $ 245,600.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $ 8,292.00 PERCENT OF THIS CHANGE ORDER: 3.38% TOTAL PERCENT CHANGE TO DATE: 3.38% NEW CONTRACT AMOUNT: $ 253,892.00 € .... . .R1 . >J ,.. ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P. COLBERT, CITY ENGINEER TOM WARNER, DIRECTOR OF PUBLIC WORKS KYLE HAYES, CITY MANAGER ATTESTED BY: SUSAN HENDERSON, CITY CLERK i 4 CITY OF BEAUMONT SCHEDULE OF MBE PARIICIPATION (SCHEDULE C} Date of Report _-2L1 $J 0 3 Dcpmbneat C Project No. ppSt—t-eAS imn rnn c t.,ocalion t\t C'o 1�ae 253,892 .00 Percent Complete 1(l Wk Trans Texas Tennis, -Inc. Total Contract C,ontractAmounl S Name of Prime ConatactorlProposer Kamp' s Junction,In .5020 Fannett R�`. 7 2[02- - $26 640.00 25 308.00 DBA Beaumont,, TX 777 5 12130/02 Cardinal Fence Co. I The undersigned will enter into a formal agreement whit W 58 Contractors for work listed in this schedale conditioned upon execution of a contract widt the City of[leaumuut- NOTE. 1. Any business listed above must have Sdredrde AI on Rle with the City. 2. Schedule C is to he inciude(t with bid,and resubroilted at So%and 100'/.of project completlnn. -- Sigttaturc i�_ -- -- President Post-it*Fax Note 7671 Tide To Q 11wir FO(mSC1ledCA201-95 30 Phone r g- . 15 � ..,� � Fax N�G,;�y"�PcI •I I O Fax M i 5 April 8,2003 Consider approving a change order to the Lawson's Pump Station contract City of Beaumont Council Agenda Item L TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: April 8, 2003 AGENDA MEMO DATE: March 31, 2003 REQUESTED ACTION: Council approval of aresolution authorizing the City Manager to increase the Phase I Improvements Lawson's Pump Station Modifications amount for"extra work." RECOMMENDATION Administration recommends approval of increasing the Phase I Improvements Lawson's Pump Station Modifications amount by$99,620 to increase the amount of fill dirt around the electrical building,generator, power transformer,and radio tower;repair a break in 42-inch river intake pipe;modify existing 36-inch pipe on Bunn's Bluffintake to install sluice gate;install permanent golf course irrigation supply line and all related appurtenances;fimiish owner with one Allen Bradley Programmable Logic Center and one ENET adapter;furnish and install 2"air release valves on pump discharge header pipe;replace existing plug in 30" intake pipe;furnish and install new galvanized bar screens at Bunn's Bluffintake structure;remove broken 30",36",and 42"sluice gates at Bunn's Bluffintake structure;supply additional parts required for Traveling Water Screen refurbishment;increase fencing around pump station;install 1"to 3"washed limestone rock around electrical building and generator site;repair damaged gear box pedestal and stem;increase amount of added fill on east side of the pump station and pretreatment basin;delete witnessed tests for 3 pumps, 3 460-volt motors and 3 low-voltage variable frequency drives; delete the installation of 36" canal discharge; adjustment for replacing masonry building with a pre-cast building. BACKGROUND The existing pump station built in 1960 has deteriorated and requires maj or rehabilitation. The primary goals of the project are to restore the integrity of the pump station,increase its pumping capacity,and provide customers with uninterrupted and adequate service. BUDGETARYIMPACT Funds for the project are available in the Water Utilities Capital Improvements. PREVIOUS ACTION Resolution 01-246 passed by City Council October 16, 2001, in the amount of$3,652,918. 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 Phase I Improvements Lawson's Pump Station Modifications amount for"extra work." WUCOLawsonsk.wpd March 31,2003 APPROVAL OF CONTRACT CHANGE Change Order No. 1 &Final Date:March 31,2003 Project: Phase I Improvements Lawson's Pump Station Modifications Owner: City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor: Boyer,Inc. 9318 Reid Lake Houston,Texas 77064 To the Owner: Approval of Change Order No. 1 is requested. Reason for Change: To increase the contract amount performed by the Contractor: Increase fill dirt around the electrical building, generator,power transformer and radio tower;repair break in 42"river intake pipe;modify existing 36 pipe on Bunn's Bluff intake for installation of sluice gate;install permanent golf course irrigation supply line and all related appurtenances;furnish owner with one Allen Bradley Programmable Logic Center and one ENET adapter;furnish and install 2" air release valves on pump discharge header pipe;replace existing plug in 30" intake pipe;furnish and install new galvanized bar screens at Bunn's Bluff intake structure;remove broken 30",36",and 42"sluice gates at Bunn's Bluff intake structure;supply additional parts required for Traveling Water Screen refurbishment; increase fencing around pump station;install 1 to 3 washed limestone rock around electrical building and generator site; repair damaged gear box pedestal and stem;increase amount of added fill on east side of pump station and pretreatment basin;delete witnessed tests for 3 pumps,3 460-volt motors,and 3 low-voltage variable frequency drives;delete installation of 36"canal discharge; adjustment for replacing masonry building with a pre-cast building. ORIGINAL CONTRACT AMOUNT $3,652.918 CHANGE ORDER NO. 1 Description Net Change -Additional fill dirt around electrical building,generator,power transformer power transformer,and radio tower +124.0-00 -Repair break in 42"river intake pipe +_10,280 •Modify existing 36"pipe on Bunn's Bluff intake for installation of installation of sluice gate + 4,906 •Install permanent golf course irrigation supply line and all relate - appurtenances +_29.318 -Furnish owner with one Allen Bradley Programmable Logic Center and one ENET adapter + 13,088 -Furnish and install 2"air release valves on pump discharge header pipe + Replace existing plug in 30 1,538 intake pipe + 11,085 -Furnish and install new galvanized bar screens-Bunn's Bluff intake structure +_21,902 -Remove broken 30", 36", and 42" sluice gates -Bunn's Bluff intake structure +_ 16,450 -Additional parts required-Traveling Water Screen refurbishment +_ 2,128 •Increase fencing area to include 954 LF east of pump station,around electrical building,engine generator; add sliding and walk-in gates;change mesh size from 2"to V + 15,942 -Install V to 3"washed limestone rock around electrical building and generator site + 15.651 -Repair damaged gear box pedestal and stem + 3.781 -Increase amount of added fill on east side of pump station and pre- treatment basin by 886 Cys + 17,720 -Delete witnessed tests for 3 pumps, 3,460-volt motors, 3 low-voltage variable frequency drives - 15,000 -Adjustment for replacing masonry building with pre-cast building - 8,000 -Delete installation of 36"canal discharge - 69.169 Total Change Order No. 1 + $99.620 TOTAL REVISED CONTRACT AMOUNT 3 752_538 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order No. 1 represent full compensation for all increases and decreases in cost of and 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: Copyeptedby: Joseph G. Majdalani, P.E. ' City of Beaumont Boyer, Inc. Water Utilities"Manager Owner Contractor Date: 3/ 11/0,7 Date: Date: �ti Z_ 0 1,f a M c �f�lt.-iC (J-t l_ m y T l A •�► 6 April 8,2003 Consider allocations relating to the 2003 Public Services/Public Facilities & Improvements and Emergency Shelter Grant requests M City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing/Grants Coordinator Interi MEETING DATE: April 8, 2003 `� AGENDA MEMO DATE: April 2, 2003 REQUESTED ACTION: Council conduct a workshop to review the 2003 Public Services/Public Facilities & Improvements and Emergency Shelter Grant applications along with Administration and CDAC recommendations, and make allocations on the 2003 Action Plan, thereby adopting the Final 2003 Action Plan of the Consolidated Block Grant Program. RECOMMENDATION The Administration recommends that Council conduct a workshop to review the 2003 Public Services/Public Facilities & Improvements and Emergency Shelter Grant Applications along with Administration and CDAC recommendations,and make allocations on the 2003 Action Plan,thereby adopting the Final 2003 Action Plan of the Consolidated Block Grant Program. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development, City Council has conducted such public hearings/workshops in previous years prior to adopting the City's Final Annual Action Plan. CDAC and Administration recommendations have been forwarded to Council for consideration. BUDGETARY IMPACT The 2003 federal allocation of$3,053,253 is comprised of$2,125,000 in Community Development Block Grant funds, $846,253 in HOME funds and $82,000 in Emergency Shelter Grant funds. During the February 4, 2003 Council Meeting, Council allocated $140,000 to the Public Services/Public Facilities& Improvements line item. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing/Grants Coordinator Interim RECOMMENDED MOTION Approve/Deny a request to make allocations on the Public Services/Public Facilities&Improvements and the Emergency Shelter Grant line items of the 2003 Action Plan,thereby adopting the Final 2003 Action Plan of the Consolidated Block Grant Program. 2003 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Emergency Shelter Line Item Recommendations me.u P CDAC Adminisirafion C 4 y C 0 u n Organization Requested Recommendations Recommendation, Aflocations Public-Services-Requests I Beaumont Community Housing Dev Corp 46,710.00 0.00 0.00 2 Beaumont Habitat For Humanity 60,000.00 0.00 0.00 3 Beaumont Heritage Society/John Jay French Mus 2,130.00 0.00 0.00 4 Beaumont Housing Authority(1) 20,000.00 0.00 0.00 5 Beaumont Housing Authority(2) 20,000.00 0.00 0.00 6 Beaumont Metropolitan YMCA/L L Melton YMCA 19,968.00 12,202.00 18,461.00 7 Beaumont Police Activities League 20,000.00 12,222.00 0.00 8 Delta Sigma Theta Sorority/DREF Foundation 5,000.00 - 0.00 0.00 9 1 Have A Dream Program 4,800.00 2,940.00 4,800.00 10 IEA-Inspire,Encourage,Achieve 2,700.00 2,700.00 2,700.00 11 Lucas Elementary 10,419.70 0.00 0.00 12 Nutrition and Services for Seniors 10,593.00 10,593.00 10,593.00 13 Southeast Texas Family Resource Center 12,500.00 7,639.00 5,820.00 14 Spindletop MHMR 20,000.00 20,000.00 0.00 15 Stone Way Limited Partnership 1,000.00 - 0.00 1,000.00 Public Facilities&Improvements Requests 16 Art Studio,The 20,000.00 0.00 10,800.00 17 Beaumont Community Learning Center 20,000.00 - 0.00 10,000.00 18 Beaumont Heritage Society/John Jay French Mus(2) 1,314.00 1,314.00 1,314.00 19 Beaumont Metropolitan YMCA/L.L.Melton YMCA 69,876.00 0.00 0.00 20 Boy's Haven of America 19,912.00 12,168.00 19,912.00 21 Buckner Children and Family Services 6,000.00 6,000.00 6,000.00 22 Catholic Charities of the Diocese of Beaumont 20,000.00 20,000.00 18,600.00 23 LifeShare Blood Centers 20,000.00 0.00 0.00 24 Quantum Omega Star,Inc 20,000.00 - 0.00 10,000.00 25 Schlesinger Healthcare Centers 20,000.00 20,000.00 20,000.00 26 Youth Rescue Mission 20,000.00 12,222.00 0.00 TOTAL PUB SVCSIPUB FAC&IMP 492,922.70 140,000.00 140,000.00 0.00 Percentage of CDBG Entitlement 23.2% 6.6% 6.6% 0.0% Emergency Shelter Requests 27 Family Services of Southeast Texas 30,950.00 27,333.00 18,470.00 28 Salvation Army,The 60,000.00 27,333.00 20,000.00 29 Some Other Place/Henry's Place 43,450.00 27,334.00 43,630.00 TOTAL EMERGENCY SHELTER 134,400.00 82,000.00 82,000.00 0.00 tSiLti City of Bear n ont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 8, 2003 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Leonard Clifton would be reappointed as Vice-Chairman of the Convention and Tourism Advisory Committee. The current term would expire April 7, 2004. (Mayor Evelyn M. Lord) A) Approve a resolution supporting the United States military troops and their families B) Approve the waiver of penalties and interest on three tax accounts A MAW v7jCity of Beaumont qw- ,,,r.MT1'* IM-O&I., Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kyle Hayes, City Manager MEETING DATE: April 8, 2003 AGENDA MEMO DATE: April 4, 2003 REQUESTED ACTION: Approve a resolution supporting the United States military troops and their families. BACKGROUND The United States has committed many of its young men and women in uniform to a conflict in Iraq in furtherance of protecting this nation from harm and liberating that nation from despotic rule. The resolution states that the City of Beaumont offers its gratitude, support, love and prayers for all those called into the conflict in Iraq and elsewhere and asks each citizen of Beaumont to remember the brave members of our military forces and their families each day and support them in every way possible. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED MOTION Approve/Deny a resolution supporting the United States military troops and their families. RESOLUTION NO. WHEREAS,this nation has committed many of its young men and women in uniform to a conflict in Iraq in furtherance of protecting this nation from harm and liberating that nation from a despotic rule; and, WHEREAS, the City of Beaumont wishes to declare its support for our troops as they undertake missions in our behalf that contain a serious risk of harm; and, WHEREAS, once again, our troops in this conflict have shown the highest level of courage, commitment, dedication and willingness to strive mightily in our nation's behalf. These service men and women exemplify the qualities of professionalism and honorwhich have been the hallmark of military forces which have protected this great country and its freedom since its inception; and, WHEREAS,we should each spend time every day in prayer or meditation in support of the wonderful service men and women and include in those thoughts their families who have been left behind in hope and prayer for the safe return of their loved ones; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont hereby offers its gratitude, support, love and prayers for all those called into the conflict in Iraq and elsewhere and asks each citizen of Beaumont to remember these brave members of our military force and their families each day and support them in every way possible. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of April, 2003. - Mayor Evelyn M. Lord - B MAW City of Beaumont U Council Agenda Item 'Am K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kyle Hayes, City Manager MEETING DATE: April 8, 2003 AGENDA MEMO DATE: April 4, 2003 REQUESTED ACTION: Consider approving the waiver of penalties and interest on three tax accounts, BACKGROUND The Jefferson County Tax Office has accepted three payments that were processed according to Section 33.011 of the State Property Tax Code. Section 33.011 states "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 Jefferson County Commissioners' Court met on March 31, 2003 and approved waiver of penalty and interest on the accounts which are listed in the attached letter from Miriam K. Johnson. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED MOTION Approve/Deny a resolution waiving the penalties and interest on three tax accounts. SON co MIRIAM K. JOHNSON TAX ASSESSOR-COLLECTOR NETTLE WILLIAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS CHIEF DEPUTY P.O.BOX 2112 BEAUMONT,TEXAS 77704 CHIEF OPERATIONS MGR. 409-835-8516 FAX 409-835-8589 April 1, 2003 Kyle Hayes, City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: The Tax Office has accepted three(3)payments that were processed according to Sec. 3 3.011 of the State Property Tax Code. For your information,Sec.33.011 reads as follows: "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 March 31, 2003 and approved waiver of penalty and interest on these accounts which are listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners'Court action in accepting these payments. If you should have any problems or questions concerning this matter,please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, MIRIAM K. JO ON Assessor-Collector of Taxes Jefferson County, Texas MKJ:tm A� `4 Attachment CITY Of 8C4UIR r app_waiv JfCUTIVF OFF", ATTACHMENT A CITY OF BEAUMONT - WAIVER OF P & I April 1, 2003 Taxpayer's Name Total Levy Waiver of P & I Account Number Paid Request 1. Ruben Alvarez 242.76 50.98 013900-007700 2. Patrick Gibbs 11.25 2.58 203102-004400 (1999-2001) 3. Stephanie Lightfoot 430.98 156.58 012250-018900 (1998-2002) TOTAL 684.99 210.14