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HomeMy WebLinkAboutPACKET MARCH 23 2004 V~ sm- � ° EL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 23,2004 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5-10/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District at 7565 Eastex Freeway 2. Consider approving a request for a specific use permit to allow an electrical contractor business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5755 Fannett Road 3. Consider approving a request to revoke a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway 4. Consider approving a request for a specific use permit to allow a scrapbook business in an RCR(Residential Conservation and Revitalization) District at 2515 Broadway 5. Consider approving an amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont, by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets and rights-of-way of the City of Beaumont 6. Consider approving a bid for the purchase of one (1) manned dredge and pumper for use by the Water Utilities Division 7. Consider authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration(FTA) to receive Operating Assistance funds for the Beaumont Municipal Transit System 8. Consider approving a six(6) month contract for the purchase of asphaltic concrete 9. Consider authorizing the City Manager to execute a lease agreement with the Southeast Texas Arts Council(SETAC) for office space in the Julie Rogers Theatre 10. Consider amending Ordinance No. 03-082 relating to the structure located at 2599 South 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: Jeffco Plumbing Co., Inc. v City of Beaumont and City of Beaumont d/b/a Tyrrell Park Stables Claim of Douglas Manning, individually and as parent of Brittany Manning, a minor Claim of Donna Manning Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. I March 23, 2004 Consider approving a request for a zone change from RS (Residential Single Family Dwelling)to GC-MD (General Commercial-Multiple Family Dwelling) District at 7565 Eastex Freeway City of Beaumont c �Z c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 16, 2004 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)to GC-MD (General Commercial-Multiple Family Dwelling) District at 7565 Eastex Freeway. RECOMMENDATION The Administration recommends approval of the request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District at 7565 Eastex Freeway. BACKGROUND Ron Davis, the property owner, is requesting a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District. Mr.Davis states that he is proposing to move his land surveying equipment business to this location. The Development Strategies Diagram designates this area as an"Activity Corridor". An activity corridor may include highway commercial and open display retailing, wholesale distributing and warehousing operations, restricted light industry, business offices, hotels and motels and higher density residential development. The proposed zoning category falls within the definition of an activity corridor. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held March 15, 2004, the Planning Commission voted 7:0 to approve a request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling)District at 7565 Eastex Freeway. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. AI _ 4W- at o . �,6. 11 .-- - -- I � R FILE 1707-Z: Request for a zone change from RS(Residential Single Family NORTH Dwelling)to GC-MD(General Commercial-Multiple Family Dwelling)District. - Location: 7565 Eastea Freeway .• Applicant: Ron Davis SCALE 19f=200' .rr S o A% N C 'lob s 1 pt�e4 'L to -4P to td �P o o D low z � tipsy v �► .° a. s �9,bti e` :so /a ` w 3 O At= lZ• ti 6 •n ,?s . 0 At �. AS z /60 ISO At3 p At x e . it $ U Aso o ' i— so i fr; "' ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 7565 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling)District for property located at 7565 Eastex Freeway, as described on Exhibits "A" and "B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for-any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 23rd day of March, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 9.38 acre tract out of the W. B. Dyches Survey,Abstract 17,Jefferson County, Texas,and being the remainder of those called 20.30, 1.5529 and 1.429 acre tracts conveyed to Texas Commerce Bank-Beaumont, N.A., Trustee for John H. Walker as recorded in Clerks File No.9526079 ofthe Official Public Records ofReal Property of Jefferson County, Texas, and a called 0.67 acre tract conveyed to Ronald R. Davis and Belinda S. Davis as recorded in Clerks File No. 2002030650 of the Official Public Records of Real Property of Jefferson County, Texas, said 9.38 acres being more particularly described by metes and bounds as follows: Note:The Basis of Bearings is along the southeast line of a called 5.000 acre tract conveyed to the Lower Neches Valley Authority as recorded in Clerks File No. 2001029734 of the Official Public Records of Real Property of Jefferson County, Texas having been called North 39° 47' 57"East 722.79 feet. BEGINNING at a 5/8"iron rod found in the southwest right-of-way line of U. S. Highway 69,96 and 287(aka Eastex Freeway)for the north corner of a called 6.00 acre tract conveyed to Gospel Center Church as recorded in Film Code No. 103-52-2247 of the Real Property Records of Jefferson County,Texas and the east corner of the said 9.38 acre tract from which the east corner of the said 6.00 acre tract bears South 46° 04' 59"East 652.89 feet (called South 46° 31' 30"East 652.79 feet and on TxDot Highway Plat South 46° 15' 00"East); THENCE South 430 55' 32"West along the northwest line of the said 6.00 acre tract and the southeast line of the said 9.38 acre tract a distance of 580.50 feet(called South 430 28' 30" West 580.89 feet)to a 5/8"iron rod found in the north line of Lot 15, Block 1 of Rosewood Addition, a plat recorded in Volume 9, Page 166 of the Map Records of Jefferson County, Texas for the southeast corner of the said 9.38 acre tract; THENCE North 89° 31' 58" West along the said north line of said Lot 15, Block 1 of Rosewood Addition a distance of 17.93 feet(called North 89°37'00"West)to a 1"iron pipe found for the east corner of Lot 14, Block 1 of Northgate Addition, a plat recorded in Volume 9,Page 164 of the Map Records of Jefferson County,Texas for the southwest corner of the said 9.38 acre tract; THENCE North 46°31' 25"West along the said northeast line of said Block 1 of Northgate Addition a distance of 594.95 feet(called North 46° 53' 30"West)to a 5/8"iron rod found for the south comer of the said LNVA 5.000 acre tract and the west corner of the said 9.38 acre tract; THENCE North 39°47' 57"East along the southeast line of the said LNVA 5.000 acre tract and the northwest line of the said 9.38 acre tract a distance of 722.58 feet(called North 39° 47' 57"East 722.79 feet) to a ''/z" capped iron rod set in the southwest right-of-way line of U.S. Highway 69, 96 and 287 (aka Eastex Freeway) for the east corner of the said LNVA 5.000 acre tract and the north corner of the said 9.38 acre tract from which a 2" iron pipe EXHIBIT "A" LEGAL DESCRIPTION continued found for the north comer of the said LNVA 5.000 acre tract bears North 33°40' 13"West 280.00 feet(called North 33°43' 06"West 280.00 feet); THENCE S outh 3 3° 4 0' 31" East a long t he s aid s outhwest r ight-of-way 1 ine o f U. S. Highway 69, 96 and 287 (aka Eastex Freeway) and the northeast line of the said 9.38 acre tract a distance of 575.47 feet(called South 33°46' 00"East on TxDot Highway Plat)to a TxDot concrete monument found for an angle point of the said 9.38 acre tract; THENCE South 460 17' 07"East continuing along the said southwest right-of-way line of U. S. Highway 69, 96 and 287 (aka Eastex Freeway) a distance of 97.90 feet (called South 46° 15' 00"East on TxDot Highway Plat)to the POINT OF BEGINNING and containing 9.38 acres of land,more or less. For zoning purposes, save and except, a 25-foot wide strip along the southwest line of the said 9.38 acre tract being along the northeast line of said Northgate Addition resulting in a net area of 9.03 acres. y f FLE 1707-Z: Request for a zone change from RS(Residential Single Family NORTH Dwelling)to GC-MD(General Commercial-Multiple Family Dwelling)District. - Location: 7555 Eastez Freeway .. Applicant: Ron Davis SCALE 1"=200' r ' n► ay O, V . p A V s� ' b '+ i ° s . r C" d� i AV AP Sig 4go Li Art z IMP j b O 4 w C !Vl ` g •-- c 1�S EXHIBIT "B" 2 March 23,2004 Consider approving a request for a specific use permit to allow an electrical contractor business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5755 Fannett Road City of Beaumont Ll • Council Agenda Item � W, TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 16, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow an electrical contractor business in a GC-MD (General Commercial- Multiple Family Dwelling)District at 5755 Fannett Road. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow an electrical contractor business in a GC-MD(General Commercial-Multiple Family Dwelling)District at 5755 Fannett Road. BACKGROUND Jim Thurmon, the property owner and owner of JBT Electric, is wishing to operate his electrical contractor's business at 5755 Fannett Road. Mr. Thurmon states that the property will be used for the office/warehouse facility for JBT Electric. The subject property was previously used as a wrecker service. Improvements to the property have included facade work to the existing building and a 6'tall wood screening fence along the front 150' of the north property line and between the building and the north and south property lines. The previous use had privacy slats in the chain link fence along the front property line. Mr. Thurmon removed the slats and now has an open chain link fence. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the request for a specific use permit to allow an electrical contractor business in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5755 Fannett Road. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. a F - ` dL.. FILE 1706-P: A request for a specific use permit to allow an electrical contractor NORTH �j business in a GC-MD(General CommenW-Multiple Family Dwelling)District. A Location: 5755 Fannett Rd. Applicant: Jim Thurmon SCALE 1"=200' lip x +� 0/ Q�• _ ♦ lop -7- O.."00,0.000P -- - .100, 1-01 � S • ��kr 6 7C "s 0 srvc ' 2 . 431 ,4 C, v► Z 5t a1.0 i = .4►-0 v 1t1 � 7770S- < > ii� W CaNTr.RLtt4l= `��c�1 �a/ (4 i Q�fv Gsu mA"5w,tALr N'r 18 (3 p.'t`E s'T^TE tAw Y R,d.lit/ Vc>L 44% P9, '+7a O � Vc� . 8T3 Ps x,05 p o.6. Zoo ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN ELECTRICAL CONTRACTOR BUSINESS IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 5755 FANNETT ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Jim Thurmon to allow an electrical contractor business in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 5755 Fannett Road, being Lot 4, Unit B, Tyrrell Park Addition, City of Beaumont, Jefferson County,Texas, containing 2.431 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow an electrical contractor business in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 5755 Fannett Road, being Lot 4, Unit B, Tyrrell Park Addition, City of Beaumont, Jefferson County, Texas, containing 2.431 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Jim Thurmon, his legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March, 2004. - Mayor Evelyn M. Lord - ` �_ FILE 1706-P: A request for s tic use permit to allow an electrical contractor NORTH C.j business in a GC-MD (General Commercial-Multiple Family Dwelling)District. - Location: 5755 Fannett Rd. Applicant V-20 Jim Thurmon SCALE 1 ZW, �y 5W7 1-011-01 c P t 'r f FXHIBIT "A" m oaz '9�od = w ISO Sa°l 6d fl8 ' ANA �` s�� �� ez�► ,o� Mrn .tN�W.SS`d71 nC7 iamb ✓ : }-i �� r or 4 �IW'1�1�iN3� x O W� X10 4 ac. 7G �y 1 vA 4 off►► f n1V)s Ln ��1 Z 0 S 1,3 fj r�v��.�4vY »Z1da "�� a���s• 3 March 23, 2004 Consider approving a request to revoke a specific use permit to allow a drinking place in a GC- MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 16, 2004 REQUESTED ACTION: Council consider a request to revoke a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway. RECOMMENDATION The Administration recommends approval of the revocation of a specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling)District at 4345 Eastex Freeway. BACKGROUND In March, 2002, the City Council approved a specific use permit to Mr. Jerry Jones for a drinking place at 4345 Eastex Freeway. The specific use permit was approved subject to a maximum occupancy of 244 persons. The property is zoned GC-MD(General Commercial-Multiple Family Dwelling)District. As such, no adult entertainment uses are permitted. At the public hearing on February 20, 2002, it was understood that there would not be any adult entertainment. On February 17, 2004, Mr. Jones was arrested in an undercover police investigation for operating a sexually oriented business without a license. According to the Beaumont Police Department, persons were found on the premises involved in active prostitution and nudity. There were numerous other illegal activities discovered as well. Sec. 3 0-26 (h) o f t he Z oning O rdinance s tates that"a s pecific u se p ermit in ay b e r evoked o r modified, after notice and hearing, for either of the following reasons: 1) The specific use permit was obtained by fraud or deception; or 2) That one or more of the conditions imposed by the specific use permit has not been met or has been violated." The Planning Manager recommends revocation of the specific use permit based upon the fact that sexually oriented businesses are not permitted in a GC-MD District. The nightclub is in violation of Section 30-33 (b)2 of the Zoning Ordinance which states that"eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment and video tape rental (SIC 7841) that rents adult video tapes shall not be allowed in the RCR, NC, NSC, GC-MD, GC-MD-2 and GC-MD-3 districts. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the revocation of a specific use permit to allow a drinking place in a GC-MD (General Commercial- Multiple Family Dwelling)District at 4345 Eastex Freeway. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING ORDINANCE NO. 02-014; REVOKING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 4345 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on March 15, 2004, a public hearing properly noticed and held was conducted to address the revocation of the Specific Use Permit issued March 5, 2002. The permit was issued to Jerry Jones to allow a drinking place, subject to limiting the occupancy to 244 persons, in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 4345 Eastex Freeway, being Plat D22, Tract 53, F. Bigner Survey, City of Beaumont, Jefferson County,Texas, containing 0.996 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS,the permit issued March 5,2002 was issued subject to compliance with certain conditions set out in Ordinance 02-014; and, WHEREAS, the City Council for the City of Beaumont finds and determines that a condition of the Specific Use Permit has been violated; and WHEREAS,the City Council finds and determines thatthe revocation of the Specific Use Permit will serve to protect and preserve the health, safety, welfare, and morals of the community and is in the best interest of the City of Beaumont; and, WHEREAS,the City Council for the City of Beaumont desires to revoke the Specific Use Permit issued to Jerry Jones to operate a drinking place at 4345 Eastex Freeway in Beaumont, Jefferson County, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: That after having found that conditions of Ordinance No. 02-014 were violated by Jerry Jones, the specific use permit issued March 5, 2002, to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 4345 Eastex Freeway, being Plat D22, Tract 53, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.996 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby revoked and Ordinance No. 02-014 is hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March, 2004. Mayor Evelyn M. Lord - FILE 1602-P: Request for a specific use permit to allow a drinking place in the GC- NORTH f MD(General Commercial-Multiple Family Dwelling) district. Location: 4345 Easter Freeway Applicant: Jerry Jones SCALE 1"=200' ,7 � t . � R BEST BUY• ANOW • 1 SUB CT • . D 2 _.. �! roo z eo i =T ' f A n R'S L , aw cW ar aj jw pv EXHIBIT"A" 4 March 23,2004 Consider approving a request for a specific use permit to allow a scrapbook business in an RCR (Residential Conservation and Revitalization) District at 2515 Broadway City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 16, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a scrapbook business in an RCR (Residential Conservation and Revitalization)District at 2515 Broadway. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow a scrapbook business in an RCR (Residential Conservation and Revitalization) District at 2515 Broadway. BACKGROUND Carolyn McCullough,the property owner,wishes to offer the use of a crop room(a room with large tables and chairs)to individuals wishing to learn how to put together scrapbooks. The property is located at 2515 Broadway. Ms.McCullough has operated a massage therapy business at this address for the last 18 years. She states that no exterior or interior renovations will be required. Her plans call for one-half of the building being used for the scrapbook business,one-quarter for the massage business and one-quarter for storage. Hours will typically be Monday- Friday, 9 a.m. to 5 p.m. Ms.McCullough states that she averages two massages per day and expects to have four scrapbook customers per day,not at the same time. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the request for a specific use permit to allow a scrapbook business in an RCR(Residential Conservation and Revitalization) District at 2515 Broadway. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. k : i 43 t♦ rs rI n So rs. !i tt 'li 52 rt IT ' ; N j tr rI /J l0 ! tI It is ! to to i t1 rs is If ,T ra is x M� FADO/AI Al ✓ MJO 199 QR==A= � J FILE 1705-P: A request for a specific use permit to allow a scrapbook business in an NORTH aT RCR(Residential Conservation Revitalization) District. j Location: 2515 Broadway t: Applicant: Carolyn McCullough SCALE III=200' » ra Js s I JO ' I CALDER AVE. I M �9 9 I so + E I11 i - a � . ! T t a , . J. . t , ,J rt ; rr + � . , .• T ( t i . P ; 1 T tt iti to is to ' AT 1 to tJ 30 i ! ( 2i to BROADWAY BROADWAY AVE. i j r TI s rJ }ra •SO Ji 9 Jd� I •a Ssr Jo - i I 1 t i ♦ 3 t ' r r! � rr a ,p � , ! , i 7 I I - i =_ i 1 , f i ' 1 i J i I t I�s F— J • r 7 49 j tl 1 f i I ! tr ,rs r• is to ' rT ra rJ 'io°n r• ! ri ' s n ` ra i a M + tr '! ' j i ` tr :• . ti to r• ri to ( ir i rt a to i L/BfRTY ( ( NO t -- i AYE � + i � • Z(o o O I _ LIBERTY AVE. (lhri rr n ro + J * T t J ♦ ! t r it r3 ra a 'o I a a T 4 25 rt r. i r9 '.�v. °II Ii ! • ( t1 i 1 2.. ' + to Of to w I LAUREL i no ,• ra rt rT ,t i Is 120 r f9, ,' AVF ! I ! ; i �{d19 LAUREL AVE. rr :o - $ , rr s. ♦- } i � rh t it} i � j � so so sak . f a i s j l t r II Ar SoUrII Tim• it' '/ u r r� 1i, yrr to I 14•I r: f K + rT ri to i N SOUTH ST. w4fl Fr L. :i E Lo Fr rro.,r ♦u c'T- . L.4 (� �p1� ISO f--60 Fr Ark S;q,ns GDdta, +�s.\a bC :n co..pl;w•.ct ,i,}h '�,�}�.c� O:ii.:�1' Codts. t3otk vord at ea_ 4,o.s teen ComQ�OLti.� Snt.�.tG ror. G r•S � ^ s '��r•�,nee f^,r N_v., 1 ILI r Y 0 d �ylN��i ter,►., ;;�.r - T InitC<< � } v < a � L p L Lt °- °) ouct. s a t �4 � O \, J 4 r Q 4 -t v � eJ 3 o k k er`t S..y C•A non h Fc+ .f F q ct re 1 d i v a Grass Fr 9. 3V z d (� ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCRAPBOOK BUSINESS IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2515 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Carolyn McCullough to allow a scrapbook business in an RCR (Residential Conservation and Revitalization) District located at 2515 Broadway, being the west 40' of Lot 3 and the east 20' of Lot 4, Block 46, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.206 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a scrapbook business in an RCR (Residential Conservation and Revitalization) District located at 2515 Broadway, being the west 40' of Lot 3 and the east 20' of Lot 4, Block 46, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.206 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Carolyn McCullough, her legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March, 2004. - Mayor Evelyn M. Lord - y fo ---- � � so i� r, SZ t• IS H or to n ae ra. ' I, tJ i to /t H i1 ', !, I!I I/ J J9f I ! FILE 1705-P: A request for a specific use permit to allow a scrapbook business in an NORTH I RCR(Residential Conservation Revitalization) District i r Location: 2515 Broadway tt Applicant: Carolyn McCullough SCALE I i".200' IJ rr 1 15W US P Jot I i CALDER AVE. I iI 1 - / l T f ! � . � l, ' t / IJ /r ' u q � • I J` T � , � f , [ � f � I I I 1 t r II / ;,s It Urr i.rs t• r! rr tT ° rf rJ 30% o,• ; , , • q ' T ; BROADWAY It rs /J ,to 4 —� - - BROADWAY AVE. J • , ( (I ♦ ! 49 I 6y ? 46 6. t t r lO r tt I rs to rs tf a to . to 'fo 43 n. If r „♦ 4 f to ' ti �. rl to .tJ ;tJ /♦ ' !s nr ! n !/J es 2ro c� t _o _ LIBERTY AVE. .! 11 , • ! . J r /A �II'S 4j, It ♦ I I ( I I f l • , : t I$ /! It J a J I • i f LALAEL ,tf I It ar. /! ° If N II ! lJ °t0 su .g LAUREL AVE. z 00 ,ii J � . I t , � ,• � � � f i c fii I SOUTn ..•/� t t u r. `! a K I, I. Rio /i « Pr ---._ SOUTH ST. " xt .166 -- '0 FXHIRIT "A" «9„ 1191HXEI N s 3 v ?. N 2 � o � 1� 4 SSe�sJ 4 .!e' '` = i t 9 1 r s n F n I }f br �L`T `/ f 7�! Joo� � 9 e "04S .� S v w j 1 n Z ���'d �v•' �CG h ' ".JIB S ;.0o.tvw40j , I.il'PLI J, .� os t -yi ap 9 1 5 March 23, 2004 Consider approving an amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont, by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets and rights-of-way of the City of Beaumont Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: A Tom Scofield, Chief of Police MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 18, 2004 REQUESTED ACTION: Consider an Amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets and rights-of-way of the City of Beaumont;providing for severability; providing for repeal; and providing a penalty RECOMMENDATION Council consideration of an amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets and rights-of-way of the City of Beaumont. BACKGROUND The Texas Legislature has authorized municipalities to either prohibit or regulate the operation of motor-assisted scooters. The City of Beaumont has recently had an influx in the number of small motorized scooters on its streets and there is a safety concern when these motor-assisted scooters are operated on streets within the City. The Beaumont Police Department recommends that the City Council adopt an ordinance that would place restrictions and prohibitions on locations and use of motor-assisted scooters on the streets and rights-of-way of the City. The restrictions and prohibitions recommended are as follows: 1) It is unlawful to operate or ride a motor-assisted scooter on any street, access road or highway any part of which has a speed limit greater than thirty(30)miles per hour. 2) It is unlawful for a parent to allow or permit a child to operate or ride a motor- assisted scooter on any path, trail, street, alley or public way within the City. 3) It is presumed that a parent allowed a child to operate or ride a motor-assisted scooter in a prohibited area. 4) A person may not operate a motor-assisted scooter after dark within the City. 5) It is unlawful to operate a motor-assisted scooter with a passenger on the scooter. We also recommend helmets be required for all those under the age of 16 while operating or riding a motor-assisted scooter and unlawful for parents to allow or permit a child to operate or ride a motor-assisted scooter unless the child is wearing a helmet. It will be presumed that a parent allowed a child to operate or ride a motor-assisted scooter without wearing a helmet. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Accept/Deny the Amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets and rights-of-way of the City of Beaumont. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING A NEW SECTION 26-11 REGULATING THE OPERATION OF MOTOR-ASSISTED SCOOTERS ON THE STREETS AND RIGHTS-OF-WAY OF THE CITY OF BEAUMONT; PROVIDING FORSEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the Texas legislature has authorized municipalities to either prohibit or regulate the operation of motor-assisted scooters and; and, WHEREAS, the City Council of the City of Beaumont("City")has determined that the regulation of the use and operation of motor-assisted scooters on the streets, highways, alleys, paths and trails is necessary in the interest of safety; and, WHEREAS, Texas law provisions which are applicable to bicycle riders apply to the use and operation of motor-assisted scooters; and, WHEREAS, the City Council has investigated and determined that it would be advantageous, beneficial and in the best interest to the health, safety and welfare of the citizens of the City of Beaumont to prevent potential traffic hazards and safety hazards resulting from the use of motor-assisted scooters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 26 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new 26-11(a) through (d) inclusive to read as follows: Sec. 26-11(a). Definitions. 1. Child means any individual less than sixteen (16) years of age. 2. Motor-Assisted Scooter shall have the same meaning assigned by the Texas Transportation Code Section 551.30-1(2) as it exists or may be amended, and includes a self-propelled device with at least (2) wheels in contact with the ground during operation; a braking system capable of stopping the device under typical operating conditions; a gas or electric motor forty (40) cubic centimeters or less; a deck designed to allow a person to stand or sit while operating the device; and the ability to be propelled by human power alone. 3. Parent means the natural or adoptive parent, court-appointed guardian or conservator of the child. 4. Public Way means real property owned, leased, or controlled by a political subdivision of the State of Texas, a governmental entity or agency, or similar entity, and dedicated to public use and is also a path, trail, sidewalk, alley, street or highway. 5. Helmet means properly fitted protected headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society of Testing and Materials, or any applicable at the time of manufacture of the helmet. 6. Wearing a helmet means that the person has a helmet fastened securely to his/her head with the straps on the helmet securely tightened in the manner intended by the manufacturer to provide maximum protection. 7. After dark means a time thirty (30) minutes or more before sunrise or thirty (30) minutes or more after sunset. Sec. 26-11(b). Restrictions and Prohibitions on Locations and Use. 1. It is unlawful to operate or ride a motor-assisted scooter on any street, access road or highway any part of which has a speed limit greater than thirty (30) miles per hour. 2. It is unlawful for a parent to allow or permit a child to operate or ride a motor-assisted scooter on any path, trail, street, alley or public way within the City. 3. It is presumed that a parent allowed a child to operate or ride a motor- assisted scooter in a prohibited area. 4. A person may not operate a motor-assisted scooter after dark within the City. 5. It is unlawful to operate a motor-assisted scooter with a passenger on the scooter. Sec. 26-11(c). Helmet Required 1. It is unlawful for any child to operate or ride a motor-assisted scooter unless the child is wearing a helmet. 2. It is unlawful for a parent to allow or permit a child to operate or ride a motor-assisted scooter unless the child is wearing a helmet. 3. It is presumed that a parent allowed a child to operate or ride a motor- assisted scooter without wearing a helmet. Sec. 26-11(d). Exemption The regulations and limitations placed on the motor-assisted scooter and neighborhood electrical devices in this ordinance do not apply to those operators of certain mobility devices as outlined in the Texas Transportation Code 542.009"Operators of certain mobility devices." Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 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 violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March, 2004. - Mayor Evelyn M. Lord - 6 March 23, 2004 Consider approving a bid for the purchase of one (1) manned dredge and pumper for use by the Water Utilities Division City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 17, 2004 REQUESTED ACTION: Council approval to award a bid for the purchase of one(1) manned lagoon dredge and pumper for use by the Water Utilities Division. RECOMMENDATION Administration recommends award of a bid for the purchase of one(1) manned lagoon dredge and pumper in the amount of$125,218 to Liquid Waste Technology, LLC. BACKGROUND The dredge will be utilized to remove accumulated sludge from the existing aeration ponds at the Water Reclamation Plant. The dredge is a floating dual pontoon unit with auger and knife blades for breaking sludge, and a pump and discharge hose to remove it from the water. The two (2) 15 acre aeration ponds serve to filter solids out of wastewater before passing the water to the constructed wetlands. The ponds have a depth often(10)feet,with the ponds currently holding estimated sludge levels of nine (9) and five (5) feet, respectively. This limits the effectiveness of the ponds, and compromises the plant's ability to stay within its permitted limits on the discharged water quality. The City entered into a 30 day pilot program with Brystar Contracting,Inc. in February, 2003, with the contractor utilizing a dredge to remove sludge from a pond at a cost of approximately$24,000. This allowed Water Utilities personnel to determine the feasibility of removing the sludge in that manner,while remaining within the Plant's discharge limits. The rate of sludge removed in the pilot program yielded an estimated completion time of at least two(2)years for cleaning both ponds. This fact rendered utilization of a private contractor to be cost prohibitive, as the purchase of the dredge will allow City personnel to complete the sludge removal at a significantly lower cost. Beyond the completion of the pond cleaning, Water Utilities personnel will be able to internally control sludge accumulation in the transfer canal between the ponds and the wetlands, and also in the lagoon at the Water Production Plant on an ongoing basis. Purchase of One(1)Dredge March 17, 2004 Page 2 Bid notices were provided to three(3)vendors, with each responding with bids. The bids received are as follow: Vendor Model Bid Delivery Base Bid Total Amount Bid, Time including desired options Liquid Waste Technology,LLC LWT Pit Hog 90-120 days $98,990.00 $125,218.00 Somerset,Wisconsin MLPD724 SRS Crisafulli,Inc. Rotomite 6000 45-60 days $136,130.00 $168,070.00 Glendive,Montana Gulf Atlantic Pump&Dredge Mudloader 60 days $179,164.85 $191,151.44 Live Oak,Florida 3208 Bidders were requested to provide a base bid price,and alternate pricing for several options including a flow meter, assorted cable,a grip hoist,the manufacturer's suggested spare parts package and 700 feet of 8 inch discharge hose. The dredge unit carries warranties of one(1)year on the dredge, and two (2)years on the engine. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. 2$'-4 1/4' 24'-0' allast Fill - Fuel FiL Auger Motor Fuel Gau e Ballast FIL Lifting Lu g ifting Lug t •i 41e7 Knives NOTE: PRELIMINARY DESIGN ONLY, LWT RETAINS THE RIGHT TO CHANGE DESIGN AS NEEDED TO FACILITATE MANUFACTURABILITY, 0 :j: '•:v: :•'rr :•:ti.ti xe I• o- Lifting LugJ Fuel Gauge Ifting Lug allast Fill Fuel Fill/ Ballast Fil Boo Grip Strut Decking Auger Motor ngine it Cleaner i ht (2 front & 2 back) Muffler w/ Rain Ca Air Conditioner g Cable Guide *heav Heater Pressurizer able Guard Traverse Winch Boor) Hoist Winch landrail w/ Toe Plate Water0 Water .. f Auger Head co Knife Profile r" 1 y Hydraulic Motor 6' Discharge Pontoo Bearing Bloc 8'-2 1/2' S 1/2' �Hyd Tank Entry Chain Pum 9­1!1 SCALEI -m TM DECIMAL x LWT PIT HOG MODEL 724 mo c 13 0 •• DIESEL POWERED DREDGE FRACTIONAL �Z LIQUID WASTE TEC ❑LOGY ANGULAR o N BOX 250 422 MAIN STREET DATEI 1 -22-04 DRAWN BY: CFO DRAWING NUMBER d SOMERSET, WISCONSIN 54025 REVISED, CHECKED BYI 4182 ALL DRAWINGS AND INF❑RMATI❑N ARE THE PROPERTY OF LWT AND ARE NOT TO BE REPRODUCED OR USED WITH❑UT WRITTEN PERMISSI❑N FROM LWT, INC, 7 March 23, 2004 Consider authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration(FTA) to receive Operating Assistance funds for the Beaumont Municipal Transit System UV~ City of Beaumont ...P.. Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: March 23,2004 AGENDA MEMO DATE: March 16, 2004 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration(FTA)to receive Operating Assistance funds for the Beaumont Municipal Transit System. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to submit a grant application and execute a contract with the FTA to receive Operating Assistance funds for the Beaumont Municipal Transit System. BACKGROUND Beaumont Municipal Transit has prepared a grant application for Fiscal Year 2004 FTA funds. The grant will help fund the labor, fringe benefits,parts and supplies,purchased services,utilities, insurance, taxes and licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Beaumont Municipal Transit (BMT) System in Fiscal Year 2004, the period from October 1, 2003 through September 30, 2004. BUDGETARYIMPACT The grant will pay up to 50% of the net operating deficit. OPERATING PROJECT BUDGET FTA Grant Share $ 1, 407,016 City Share 1, 095,848 State Share 426,348 Charter 6,200 Advertising Revenue 9,600 Farebox Revenue 654,988 Total $ 3,600,000 PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager FTAGmt04.wpd 03-17-04 8 March 23, 2004 Consider approving a six(6) month contract for the purchase of asphaltic concrete .began Cat of Beaumont y Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 12, 2004 REQUESTED ACTION: Council approval of a six (6) month contract for the purchase of asphaltic concrete. RECOMMENDATION Administration recommends award of a six (6) month contract to APAC-Texas, Inc. for purchasing asphaltic concrete at the unit costs stated below with an estimated total contract expenditure of$97,000. BACKGROUND Bids were requested for a six (6) month contract for asphaltic concrete for use by the Public Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 3,000 tons of asphaltic concrete will be used during the term of the contract. Five (5) vendors were notified with one (1) responding with a bid as reflected below. Specifications requested pricing for both plant pickup by City personnel and jobsite delivery by the vendor. The bidder met all product requirements specified. The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: $31.50 per ton for hot laid concrete-plant pickup, $34.80 per ton for jobsite delivery; and $34 per ton for cold laid concrete - plant pickup, $37 per ton for jobsite delivery. The total estimated expenditure is $97,000 for the six (6) month period. The prior contract period prices were as follow: $31 per ton for hot laid concrete -plant pickup, $34.30 per ton for jobsite delivery; and $32 per ton for cold laid concrete-plant pickup, $35 per ton for jobsite delivery. Six(6)Month Contract for Asphaltic Concrete March 12, 2004 Page 2 BUDGETARY IMPACT Funds are available for this expenditure in the Public Works Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECONEVIENDED BY City Manager, Central Services Director, and Public Works Director. 9 March 23, 2004 Consider authorizing the City Manager to execute a lease agreement with the Southeast Texas Arts Council(SETAC) for office space in the Julie Rogers Theatre `a Cl of Beaumont M in Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 17, 2004 REQUESTED ACTION: Council authorize the City Manager to execute a lease agreement with the Southeast Texas Arts Council (SETAC) for office space in the Julie Rogers Theatre. RECOMMENDATION Administration recommends authorizing the City Manager to execute a two(2)year lease agreement with SETAC,in the amount of$300 per month,for office space located in the Julie Rogers Theatre. BACKGROUND During the FY 2002 budget sessions, SETAC accepted a proposal from the City to relocate their offices to the Julie Rogers Theatre. Use of approximately 1,100 square feet of office space located on the Theatre's second floor was offered to offset reductions in the organization's operating allocation from the City. At that time, the space was surplus and not occupied. There has been a letter of agreement with SETAC since November 2002 to occupy the office space at no charge. Due to recent inquiries from other organizations concerning the availability of surplus office space,and in order to cover the City's cost of providing the office space,it was determined that a formal agreement should be executed and a nominal rental fee charged. The attached agreement provides for a term of two(2)years. During the term, SETAC will pay a rental fee of$300 per month. They also agree to provide general liability insurance coverage in the amount of$1M for the leased premises. All utilities will be paid by the City. However, SETAC will pay for custodial services within the designated office space and for their own telephone service. Either party may terminate the agreement for any reason with ninety(90)days prior written notice. Southeast Texas Arts Council-Lease Agreement March 23, 2004 Page 2 BUDGETARY 11"ACT Monthly rental payments of$300, or$3,600 annually, will begin May 1, 2004. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. STATE OF TEXAS § COUNTY OF JEFFERSON § JULIE ROGERS THEATRE OFFICE SPACE LEASE AGREEMENT THIS AGREEMENT,entered into by and between the City of Beaumont,Texas, a home-rule city acting by and through its duly authorized City Manager, herein referred to as "LESSOR" and Southeast Texas Arts Council, acting by and through its duly authorized Executive Director,herein referred to as"LESSEE." WITNESSETH,that LESSOR does by these presents lease and demise unto LESSEE the property described as Julie Rogers Theatre Office Space consisting ofapproximately 1,100 square feet of area, as shown in Exhibit "A" which is made a part hereof for all purposes, and herein referred to as "Premises" and, THEREFORE, both the LESSOR and LESSEE agree as follows: Article 1 TERM OF AGREEMENT 1.1 The primary term of this Agreement shall be two (2)years, commencing on the V day of May, 2004 and shall terminate on the 30th day of April, 2006, if not sooner terminated as herein provided. 1.2 NLESSEE maintains possession of the Premises for any period after the termination of this Agreement ("Holdover Period"), LESSEE shall pay to LESSOR a lease payment for the Holdover Period based on the terms stated in Article 2 of this Agreement. Such holdover shall constitute a month-to-month extension of this Agreement. Article 2 RENTAL,FEES AND PAYMENT 2.1 During the primary term of this Agreement,LESSEE shall make monthly rental payments to City in the amount of Three Hundred Dollars ($300) as consideration of its interest in the lease. Said payments shall commence upon the execution of this lease Agreement. -1- 2.2 Rental payments shall be made by LESSEE on or before the fifteenth (15*) day of each month. Rental fees shall be payable in advance. Failure of LESSEE to make prompt and timely rental payments may be cause for denied uses of the Premises and/or contract termination. 2.3 LESSEE shall pay monthly rental payments to LESSOR in person at 841 Main Street, Suite 110,Beaumont, Texas, or by mail at P. O.Box 3827,Beaumont, Texas, 77704, Attn: Cash Management Division, or other such place as LESSOR may from time to time instruct LESSEE in writing. Article 3 OBJECTIVES AND PURPOSE OF AGREEMENT 3.1 Premises may be used by LESSEE as exclusive office space for LESSEE. 3.2 Any other use of Premises must be approved by the City Manager or his designee in writing. 3.3 LESSEE has inspected the Premises and assumes the use ofthe Premises in "as is"condition. LESSOR makes no warrantees or claims concerning the usefulness nor condition of the Premises. 3.4 LESSEE is an independent contractor,not an employee or agent of LESSOR and all persons employed by LESSEE shall be its employees and shall not be employees of LESSOR. LESSEE shall employ only qualified competent persons. Article 4 PREMISES USE and OBLIGATIONS OF LESSEE 4.1 LESSEE may use the Premises located on the second floor of the Julie Rogers Theatre building only, including corridors necessary to accommodate patrons and rest room conveniences customarily open to the general public. Access to the Premises shall be provided through the entrance located on the building's north side only. Outside doors must remain locked at all times unless manned by security personnel. 4.2 If LESSEE wishes to install an intercom system at the north door entry location,installation costs and maintenance ofthe system must be provided by LESSEE. Approval ofthe system by the LESSOR is required prior to its installation. LESSEE will maintain the system. 4.3 LESSEE members, employees and guests will not have access to the office space during nighttime and weekend ticketed performances or private events in the Julie Rogers Theatre without meeting LESSOR's admission requirements. LESSEE also recognizes that the office space may be subjected to loud noises and unusual activities during rehearsals and/or performances. -2- 4.4 LESSOR is not responsible for providing Premises parking spaces for LESSEE or its guests. Parking is restricted to designated parking areas only. No parking is permitted in Julie Rogers Theatre driveways. 4.5 No alterations or improvements may be made by LESSEE to Premises or building without the written approval of the LESSOR's City Manager or his designee. LESSOR may make improvements or alterations to Premises from time to time, but is under no obligation to do so. 4.6 All costs associated with telephone or telecommunication charges,including installation,shall be the responsibility of LESSEE. Utility costs shall be the responsibility of the LESSOR. 4.7 LESSEE agrees to repair any and all damages caused by the use ofPremises by LESSEE and such damages shall be repaired to the satisfaction of LESSOR at LESSEE's expense. Extent of damages shall be determined at the sole discretion ofLESSOR Damages shall be reported to LESSOR. 4.8 LESSEE shall be responsible for providing custodial services of the Premises. LESSEE shall be responsible for keeping Premises free of any litter, trash or debris and shall adhere to all rules and regulations governing its disposal. 4.9 LESSEE may not place signs,improvements,trade fixtures or equipment on Premises without the written approval of the City Manager of LESSOR or his designee. 4.10 LESSEE agrees to comply with all laws, ordinances, codes and regulations of any governmental authority having jurisdiction applicable to LESSEE's occupancy or use of Premises. 4.11 LESSEE assumes all responsibility for any of its goods or materials which may be left or stored on the Premises. Article 5 INDEMNITY AND INSURANCE 5.1 LESSEE agrees to indemnify and hold LESSOR harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorney fees for the defense thereof, arising from the conduct or management of LESSEE's use of the Premises or from any breach on the part of LESSEE of any conditions of this Agreement, or from any act of negligence or allegation of negligence of LESSEE or LESSOR,their officers,employees,agents,contractors,subtenants,concessionaires,or licensees in or about the Premises. -3- 5.2 LESSOR shall not be liable to LESSEE or to LESSEE's employees,patrons,or visitors,for any damage to person or property due to the Premises or any appurtenances thereof being improperly constructed, or being or becoming out of repair, nor for any damage from the defects or want of repair of any part of the Premises which the Premises form a part, but the LESSEE accepts such Premises as suitable for the purposes for which same are leased and accepts the Premises and each and every appurtenance thereof and waives defects therein and agrees to hold the LESSOR harmless from all claims for any such damage. 5.3 During all times this lease is in effect or during any holdover, LESSEE shall obtain and maintain in full force and effect and at LESSEE's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to LESSOR in the following amounts. 5.3.1 Commercial General Liability Coverage-combined single limit for bodily injury and property damage of$1,000,000 per occurrence or its equivalent with an aggregate of at least $2,000,000. 5.3.2 The above required insurance coverage shall name City of Beaumont, Texas as an additional insured and provide 10 days notice to LESSOR of any cancellation, non- renewal or material change. Article 6 TERMINATION 6.1 In the event that LESSOR determines, in its judgement, that any one or more of the provisions ofthis contract are being breached or violated by LESSEE,it shall notify LESSEE thereof in writing, therein setting forth such breach or violation and a sufficient time for correction. In the event LESSEE fails to correct such breach or violation in the time allowed, such failure shall, at the sole option of LESSOR, serve to terminate this Agreement. Such termination ofthe agreement by LESSOR shall not deprive it of its lawful rights and pursuits to recover any and all amounts owing to it by LESSEE up to and including the date of such termination. 6.2 Upon termination of this Agreement,LESSEE will surrender Premises in the same condition as when received, except for normal wear and tear. LESSEE will leave Premises in a clean condition free of all trash, debris, personal property, hazardous materials and environmental contaminants. LESSOR shall have the right of reentry and may remove all persons and property from the premises and may store such property at a public warehouse or elsewhere at the expense of, and for the account of LESSEE. Any and all improvements made by LESSEE to Premises become the property of LESSOR. -4- 6.3 This Agreement may be terminated by either party for any reason with ninety(90)days prior written notice of its intent to terminate. Article 7 GENERAL PROVISIONS 7.1 The services called for herein shall be performed by LESSEE as an independent contractor, and LESSOR shall not be liable for the manner of discharge of such services. 7.2 LESSEE shall be an independent contractor, not an employee of the LESSOR, and all persons employed by LESSEE shall be his employees and shall not be employees of the LESSOR. 7.3 This Agreement shall not be transferred or assigned to any party,in any manner whatsoever, by LESSEE without the prior written approval of LESSOR's City Manager or his designee. 7.4 No waiver by either party of a breach by the other shall be construed or held to be a waiver by such party of any succeeding breach by the other party of the same or any covenant, condition, or restriction herein contained. 7.5 Where changes to activities or areas included in this Agreement are made,such modifications must be in writing and signed by both parties. 7.6 If any term or provision of this Agreement shall,to any extent, be invalid or unenforceable, the remainder of this lease shall not be affected thereby and every other term and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. 7.7 Any written notice to be given hereunder by either party to the other party shall be effected by certified mail,return receipt requested. Either party may change the address for notice to it by giving written notice of such change in accordance with the provisions of this section. 7.7.1 Notice to LESSEE shall be sufficient if made or addressed to: Executive Director Southeast Texas Arts Council P. O. Box 3925 Beaumont, TX 77704 7.7.2 Notice to LESSOR shall be sufficient if made or addressed to: City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 -5- 7.8 This Agreement constitutes the entire agreement between the parties and no changes, amendments or modifications hereof shall be valid or recognized unless in writing and signed by both parties. 7.9 Time is of the essence of this Agreement. 7.10 This Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Agreement are performable in Jefferson County, Texas. 7.11 Neither party hereto shall be liable to the other for any failure, delay, nor interruption in the performance of any of the terms,covenants or conditions of this Lease due to Force Majeure, which are causes beyond the control of that party including, without limitations, strikes, boycotts, labor disputes, embargoes, shortage of material, Acts of God, acts of the public enemy, acts of superior governmental authority,weather conditions,floods, riots,rebellion, sabotage, or any other circumstances for which such party is not responsible or which is not in its power of control. 7.12 Should the condition ofForce Majeure render the fulfillment ofthis Agreement by either party impossible,then the term of this Agreement shall end and LESSEE shall be liable to pay rent only up to the time of such termination. 7.13 During LESSEE's normal business hours, LESSOR may enter Premises for any reasonable purpose including but not limited to purposes for repairs, maintenance, alterations, and inspection. LESSOR may access Premises after LESSEE's normal business hours if entry is made with LESSEE's permission or is necessary to complete repairs. LESSOR will not unreasonably interfere with LESSEE's business operations when accessing Premises. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed as of the 2004 at Beaumont, Texas. CM OF BEAUMONT SOUTHEAST TEXAS ARTS COUNCIL LESSOR: LESSEE: Kyle Hayes, City Manager Regina Lindsey, Executive Director -6- 10 March 23, 2004 Consider amending Ordinance No. 03-082 relating to the structure located at 2599 South City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 16, 2004 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 03-082 relating to the structure located at 2599 South and Garage and Shed. RECOMMENDATION At the request of Councilperson Lulu Smith, Administration recommends that the condemnation order for the structure located at 2599 South be reconsidered to allow a new property owner to rehabilitate it. BACKGROUND This structure was brought before City Council on October 28, 2003 with staff's recommendation of a raze or repair order. The property owner was given 120 days to rehabilitate the structure. The property owner did not comply with Council order. BUDGETARY IMPACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze or repair order for this structure on October 28, 2003. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the new owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY - CITY OF BEAUMONT DATE REQUESTED March �, 2004 WARD ADDRESS OF INSPECTION 2599 South ----_-- ------- ACCOUNT NO. 48400-5700-6 CENSUS TRACT 12 OWNER_ Elizabeth R. LedouX ADDRESS _2599 South LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 9. W 1/z Lot 8 Land Value _......... __ Block or Tract Block 5 Improvement Value �•��T 0 Addition/Survey Oaks Total Value A. Fifty (50) percent deterioration of non-supporting members? YES X B. Thirty-three (33) percent deterioration of supporting members? YES X Ni"), C. Fire damaged? YES NO .__X D. Enrolled in Work Repair Program? YES E. Initial Inspection Date June 5.2003,_ .__, F DELI3YQ[7ENT T.AXESARE.I?IJE.IN "1hE, OUNT C1F6 ?ZLbI PLitS COST t1'I JIJRIGCMEN`TN 1CI I�E)E> MAJOR CODE VIOLATIONS: This A uctu°c& roof is worn and new shin T't,iere water damage to the interior due to the apen aind broken out windows All Imulged a JbLtt�mi3 Ks and window As will need to be replace. 7,'he rear exterior door is missmraigi i l front 1. The exterior siding is damaged and deteriorated. Try foundation has rotte, 1 sit- Thi nterio r r�rtg., ceilings and walls are damaged and will need repairs, The structure is open and accessibl �L wl activity taking place. The structure is being stripped and vandalized and thyme is graffiti tlh migh—c he structure. All damaged electrical wiring and electrical fixtures will need to be replaced. Also al 1"gedd numbing and plumbing fixtures wiH need to be replaced There is also a garaI nd shed on flkrigsnety that is in a very deteriorated condition Staff recommended and Council approved a raze or r!vjmbr_QrcLer for this structure on October 28, 200;3 That order was not complied iwnth and the si:ruc 'ie vi condemned. At this time a new property, owner is requesting the considerat"on from Counc 1-t _ iven appropriate time to rehabilitate this structure The new property owner has stc. ad the prop A iti reply from Council. SEE ATTACHED PHOTOS f N. i Ie a rn 1: x �S N �x� ? , r- i 2599 SOUTH : av � <a .�. \ : . 2599 SOUTH ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 03-082 TO REMOVE THE STRUCTURE LOCATED AT 2599 SOUTH AND GARAGE AND SHED FROM SECTION 1 AND SECTION 2 AND ORDER THAT THE STRUCTURE AT 2599 SOUTH AND GARAGE AND SHED BE DEMOLISHED OR REPAIRED WITHIN DAYS OF THE EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 03-082 be and the same is hereby amended to amend Sections 1 and 3 to remove item Number 33, 2599 South and Garage and Shed. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont,Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the building located at 2599 South immediately enter into a work program and either demolish or repair such structure within days of the effective date of this ordinance. If the owners fail or refuse to repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March, 2004. - Mayor Evelyn M. Lord - City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 23, 2004 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute an Interlocal Agreement with the Southeast Texas Regional Planning Commission(SETRPC) and provide $15,000 toward the funding of the Access to Jobs Transit Study B) Approve a one (1) year contract for the purchase of waste treatment polymer C) Approve a resolution urging the Texas Transportation Commission to continue its strong, historic support for using toll credits in maintaining the existing system of public transportation D) Authorize the settlement of the lawsuit styled Delmon Jones v City of Beaumont A City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 18, 2004 REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal Agreement between the Southeast Texas Regional Planning Commission(SETRPC)and provide$15,000 toward the funding of the Access to Jobs Transit Study. RECOMMENDATION Administration recommends that City Council authorize the City Manager to execute an Interlocal Agreement with SETRPC for the Access to Jobs Transit Study. BACKGROUND The purpose of the Access to Jobs Transit Study is to identify and recommend transit service options to serve those who are low-income clients and those that receive Temporary Assistance to Needy Families. The study will focus on non-traditional work schedules and the disabled population in relation to the transit barriers to employment that may exist. Findings from this study will determine if the existing transportation network is or is not meeting the current needs of this target population. If refinement is needed, a plan will be formed to address these needs and identify partners, funding streams and persons whom the transit service is to accommodate. BUDGETARY IMPACT The SETRPC and the City of Beaumont will provide$25,000 and$15,000 respectively,toward the total study cost. The remaining funds will be provided by other entities. The Downtown Clearance Project, in the 2002 Program Year of the Community Development Block Grant Program, has approximately $15,000 in unspent funds. These funds will be reallocated to the Access to Jobs Transit Study. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director SETRPCAccesstoJobsTramitStmiyAgee mwLwpd March 18,2004 INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is made and entered into by and between the South East Texas Regional Planning Commission ("SETRPC"), acting herein by and through its Executive Director, and the City of Beaumont, acting herein by and through its duly authorized City Manager. WHEREAS: In accordance with applicable law, SETRPC has agreed to conduct an area-wide transportation needs study to be known as "Access to Jobs Transit Study" ("Study"), the details of which are more particularly described on Exhibit"A" attached hereto and incorporated herein by reference; FURTHERMORE, the Study is to be provided at a cost not to exceed $70,000, with it being proposed that the costs thereof be borne $25,000 by SETRPC, $15,000 by the City of Beaumont, and the remainder to be borne by other governmental entities; and FURTHERMORE, SETRPC has agreed to be responsible for the coordination, facilitation and implementation of the Study and to provide the results thereof to the City of Beaumont. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES, it is agreed by and between SETRPC and the City of Beaumont that the Study will be beneficial to all persons and businesses residing and/or operating within the areas served by SETRPC and the City of Beaumont; and The parties agree that the costs of the Study shall not exceed $70,000, with the costs thereof to be borne $25,000 by SETRPC, $15,000 by the City of Beaumont, and the remainder to be borne by other governmental entities, with all charges being billed or presented to such parties by SETRPC with full and adequate documentation as may be reasonably necessary to allow such receiving party to verify and confirm such charges as true and accurate charges for which such party is legally responsible; and The parties agree that SETRPC will be responsible for the coordination, facilitation and implementation of the Study; and The parties agree that SETRPC will provide the results of the Study to the City of Beaumont upon completion thereof. Any notice to be given hereunder by any party to the other shall be in writing and must be telefaxed, hand-delivered or sent by first class U. S. Mail to the parties at the following addresses: SETRPC 2210 Eastex Freeway Beaumont, TX 77703 Phone: (409)899-8444 Ext. 251 Fax: (409)729-6511 Attention: Mr. Bob Dickinson, Director Transportation & Environmental Resources City of Beaumont Phone: Fax: Attention: City Manager This Interlocal Cooperation Agreement shall constitute the entire understanding of the parties hereto with respect to the subject matter hereof, and no amendment, modification or alteration of the terms hereof shall be effective unless made in writing and duly executed by all of the parties hereto. IN WITNESS WHEREOF, the undersigned have executed this Interlocal Cooperation Agreement as of the dates stated. SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION By: Its: Date: "SETRPC" CITY OF BEAUMONT By: Its: Date: "City of Beaumont" EXHIBIT "A" III. STATEMENT OF WORK The SETRPC is seeking proposals to conduct an Access to Jobs Transit Study. The study will identify and recommend transit service options to serve those who are low-income clients and those that receive Temporary Assistance to Needy Families(TANF). The study will also focus on non-traditional work schedules and the disabled population in relation to the transit barriers to employment that exist. Findings from this study will determine if the existing transportation network is or is not meeting the current needs of the targeted population. If refinement is needed, a plan will be formed to address these needs and identify partners, funding streams and persons for whom the transit service is to accommodate. Task 1: Organization With the assistance of SETRPC, a Project Oversight Committee (referred to as "Committee") will be formed to guide this project. This Committee will meet with the Consultant to review the project scope of work and refine the project schedule. The Committee will be composed of representatives from SETRPC, Southeast Texas Workforce Centers, local governments and other relevant organizations. This task will include a kick-off meeting to discuss the approach to the subsequent tasks. Task 2: Employer Survey The Committee will provide the Consultant with a list of employers who utilize entry- level employees on traditional and non-traditional work schedules for the Consultant to survey. This survey will determine the level and extent to which potential employers and employees would be interested in participating in alternative transportation programs. The results from this Task will be submitted in electronic format to the Committee for data manipulation and analysis. As part of this task, the Committee will also provide the staff of the SETRPC with a list of zip codes of clients currently receiving TANF. These addresses will be used to pinpoint population locations that currently receive services from the Southeast Texas Workforce Development Board. The results from this Task will be submitted to the Consultant in electronic format for data manipulation and analysis. Task 3: Micro Study The Workforce Centers in the study area will select a representative sample of participants in the TANF Choices job readiness program. The Consultant will interview them and identify individual work-related transportation needs and issues which may impact the existing service assessment in Task 5 and the design of potential transportation programs in Task 6. Particular emphasis will be made to include persons with disabilities to determine the special needs for that population. Follow-up interviews will be performed as a sub-task of Task 6. s Task 4: Transit Service Assessment Using data collected in Tasks 2 and 3, and bus route and schedule information provided by the Committee, the Consultant will determine the extent to which transit service does or does not meet the work-related transportation needs of entry-level employees (and potential employees) in jobs requiring non-traditional and traditional work schedules. The Task 4 findings will be presented to the Committee for review and possible refinement. Task 5: Transit Service Initiatives Based on Task 4 findings, a review of"Welfare-to-Work"transportation literature, and existing transit programs in other JARC funded cities,the Consultant will identify and describe suitable transit initiatives to connect Task 3 employees Task 2 to potential employment sites using traditional and non-traditional work hours. Descriptions will include preliminary estimates of capital and operating requirements, fare and level-of- service (e.g., headways) elasticities, and ridership. The findings will be presented to the Committee for refinement in Task 6. Task 6: Refinement The Committee will select two or three initiatives from among those presented at Task 5 for refinement. The Consultant will then prepare detailed estimates of ridership, revenue and expenses for each initiative,to include level-of-service options and implementation schedules. This work will be presented to the Committee for final review. Task 7: Final Report A report, documenting Task 1 through Task 6 activities will be prepared and printed (minimum 30 copies) and will be presented and described to the Committee. Presentation will include charts, maps and related material. B City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 12, 2004 REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of waste treatment polymer. RECOMMENDATION Administration recommends award of a one (1) year contract to Stockhausen, Inc. for purchasing polymer at a unit cost of$0.72 per pound, with an estimated total contract expenditure of$36,000. BACKGROUND Bids were requested for a one(1)year contract for polyacrylamide cationic emulsion liquid polymer for use by the Public Works Department, Water Utilities Division. The chemical is used in the dewatering of municipal sewer waste sludge produced by the City's filter plant at Water Reclamation. Six(6)vendors were notified with two(2)responding with bids. The bids received were as follow: Vendor Price Cost,Delivered in Estimated Tote Form Expenditure Stockhausen,Inc. $0.72/lb. $6.20/gal. $36,000.00 Greensboro,North Carolina. Polydyne,Inc. $1.25/lb. $10.75/gal. $62,500.00 Riceboro,Georgia The product bid by Stockhausen has been utilized previously in the plant and meets all performance One(1)Year Contract for Waste Treatment Polymer March 12, 2004 Page 2 requirements. The prior contract period price was$0.56 per pound. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. . O%W c Citumont of Bea **&**a I E-! f y EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 18, 2004 REQUESTED ACTION: Council consider a resolution urging the Texas Transportation Commission to continue its strong, historic support for using toll credits in maintaining the existing system of public transportation. RECOMMENDATION Administration recommends City Council approve a resolution urging the Texas Transportation Commission to continue using toll credits in maintaining the existing system of public transportation. BACKGROUND The United States Congress has recognized that States with tollways have partially funded their transportation systems with local tolls. In recognition of this local contribution, Congress has established "toll credits" as a source of federal funding that may be used to finance the local contribution requirement of funds from the Federal Transportation Administration and the Department of Transportation. Toll credits have been directed in the past by the Texas Transportation Commission to public transportation agencies in the State. The use of toll credits has leveraged four (4) times the amount of toll credit dollars in additional federal funds. This resolution urges the Texas Transportation Commission to continue using toll credits for the public transportation system and further recommends to the Commission that public transportation be granted first use of toll credits in the advancement of transit services in the State. BUDGETARY IMPACT None. PREVIOUS ACTION The Texas Transportation Commission allocated approximately$1.5 million of toll credits, as the local match, for the purchase of twenty (20) transit coaches for the City of Beaumont. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. ResolutionTollCreditsTxDOTCommission.wpd March 18,2004 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF BEAUMONT, IN SUPPORT OF TOLL CREDITS FOR LOCAL PUBLIC TRANSPORTATION WHEREAS,the City of Beaumont utilizes Federal Transit Administration and Texas Department of Transportation Section 5307 funds to provide small urban transportation to the citizens of Beaumont; and, WHEREAS,the United Sates Congress has recognized that States with tollways have partiallyfunded their transportation systems with local tolls;and that Congress,in recognition of this increased local contribution established"toll credits"as a source of federal funding that can be, and has been, used to finance the local contribution requirement of funds from the Federal Transit Administration and the Department of Transportation; and, WHEREAS, the City of Beaumont utilizes toll credits to match federal funds for bus replacement purchases; and, WHEREAS, toll credits in the State of Texas have been directed in the past by the Texas Transportation Commission to public transportation agencies in the State; and, WHEREAS,public transportation's use of toll credits has effectively leveraged four(4) times the amount of toll credit dollars in additional federal funds; and, WHEREAS,the matching of federal funds represented bytoll credits has been crucial to maximizing the draw down and use of federal transportation grants to the State of Texas; and, WHEREAS,our Southeast Texas region is currently classified as a moderate ozone non-attainment area and without these much needed credits many airquality programs across ourarea,such as fleet replacements with alternative fuel vehicles,would not be achieved;and, WHEREAS, public transportation has historically-based financial needs that greatly exceed thatwhich is available,and that those needs have been well documented bythe Texas Department of Transportation; and, WHEREAS,any backward movement in the use of toll credits for public transportation by the Texas Department of Transportaion will further diminish the ability of public transit to serve residents; and, WHEREAS,publictransit agencies in Texas — and the local governments that support them — have practical limits in extending any financial resources in substitution of State toll credits; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont on behalf of Beaumont Municipal Transit and other state public transit agencies, urges the Texas Transportation Commission to continue its strong, historic support for using toll credits in maintaining the existing system of public transportation; and that, BE IT RESOLVED, that the City of Beaumont further recommends to the Texas Transportation Commission that public transportation be granted first use of toll credits in the advancement of transit services in the State. BE IT FURTHER RESOLVED,that a copy of this Resolution be forwarded to the Texas Transportation Commission in Austin, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the_day of March, 2004. - Mayor Evelyn M. Lord - City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joe Sanders, Senior Assistant City Attorney MEETING DATE: March 23, 2004 AGENDA MEMO DATE: March 18, 2004 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Delmon Jones v City of Beaumont RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit styled Delmon Jones v City of Beaumont. BACKGROUND This matter was most recently presented and discussed in an Executive Session on March 16, 2004. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund and/or Worker's Compensation Fund to pay a settlement amount of$29,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the lawsuit styled Delmon Jones v City of Beaumont. CAwpdocs\Jones,Delmon\Delmon Jones.agenda.item.wpd RESOLUTION NO. WHEREAS, the lawsuit of Delmon Jones v. City of Beaumont, et al has been discussed in an Executive Session properly called and held Tuesday, March 16,2004;and, WHEREAS, the Council desires to authorize the settlement of the lawsuit; 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 lawsuit of Delmon Jones v. City of Beaumont, et al in the amount of Twenty-Nine Thousand Dollars($29,000) to include waiver of any worker's compensation lien. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of March, 2004. - Mayor- GAMAGENDMRESOLUTIIIawsuit settlement