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Home My WebLink AboutPACKET APRIL 6 2004 m r Cit y o �Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 6, 2004 I:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call y= Presentations and Recognition t Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving a contract for the 2003 Street Rehabilitation Project with L.D. Construction 2. Consider approving a Tax Abatement Policy for the City of Beaumont 3. Consider amending Section 26-13 of the Code of Ordinances relating to the transport of oversized loads on City streets 4. Consider approving a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract VII for "extra work" 5. Consider approving a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract IX for"extra work" 6. Public Hearing: Receive comments on the Public Services, which includes the Emergency Shelter Set-Aside, and the Public Facilities & Improvements line items of the 2004 Armual Action Plan Budget 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: Stephen Thompson Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buchrle at 880-3725 a day prior to the meeting. 1 April 6,2004 Consider approving a contract for the 2003 Street Rehabilitation Project with L.D. Construction A.. City of Beaumont r�-J ' Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: April 6, 2004 AGENDA MEMO DATE: March 29, 2004 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for the 2003 Street Rehabilitation Project to L.D. Construction in the amount of$1,758,869.80. RECOMMENDATION Administration recommends Council approve a resolution awarding a contract to L.D. Construction in the amount of$1,758,869.80 for the 2003 Street Rehabilitation Project. BACKGROUND On March 4, 2004, the City of Beaumont received three(3)bids for the 2003 Street Rehabilitation Program Project. The lowest bid was submitted by L.D. Construction in the amount of $1,758,869.80. The list below identifies the total bid received from each contractor: Contractor Bid L.D. Construction of Beaumont $ 1,758,869.80 APAC-TEXAS, Inc. of Beaumont $ 1,946,532.40 Norman Highway Constructors, Inc. of Orange $ 2,113,219.40 A bid tabulation sheet is attached for additional information. The recommended low bidder is certified as a Minority Business Enterprise. BUDGETARY IMPACT Approximately $1,500,000 is available for this project in the Street Maintenance Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION A change order reducing the scope of work will be prepared to bring the total cost of the project within the available funding. RECOMMENDED BY City Manager, Public Works Director and City Engineer. Eng2003 S treetRehabsk.wpd March 29,2004 CITY OF BEAUMONT BID TAB 2003 STREET REHABILITATION 1 OF LD CONSTRUCTION APAC-TEXAS,INC. NORMAN HIGHWAY CONSTRUCTORS,INC hem (tem Unit Estima[i'd Unit Total Unit Total Unit Total No. Code Descri lion _ Measure Quaremy Price Price Price 104 001 REMOV OLD CONC(CURB&GUTTER COMBINED) LF _373.00 $5.00 $1,865.00 $5.00 $1,865.00 $6.00 $2,238.00 204 001 SPRINKLING MG 250.00 $10.00 $2,500.00 $20.00 $5,000.00 _ $3.36 $840.00 247 001 FL BS(TY A GR 1 CL 2,DC)DELIVERED,ADDNL TNS 10,365.00 $21.00 $217,665.00 $21.00 $217,665.00 $23.00 $238,395.00 247 002 FL BS(TYA GR 1 CL 2,DC)DELIVERED,SHOULDER TNS 2,625.00 $25.00 $65,625.00 $21.00 $55,125.00 $25.00 $65,625.00 251 001 REWORKING BASE MATERIALS _ SY 97,219.00 $1.70 $165,272.30 $1.65 $160,411.35 $3.00 $291,657.00 310 001 ASPHALT MATERIAL(AE-P) GAL 20,729.00 $1.50 $31,093.50 $1.60 $33,166.40 _ $1.50 $31,093.50 310 002 ASPHALT MATERIAL(AC 10) GAL 2,686.00 $1.50 $4,029.00 $1.00 $2,686.00 $0.90 $2,417.40 340 001 1 HOT MIX ASPH(TY D)(ROADWAY) TNS 13,258.00 $44.00 $583,352.00 $44.00 $583,352.00 $50.00 $662,900.00 340 002 HOT MIX ASPH(TY D)(RD.TRANSITIONS) TNS 632.00 $55.00 $34,760.00 $51.00 $32,232.00 $80.00 $50,560.00 340 003 HOT MIX ASPH D)(DRIVEWAYS) TNS 2,479.00 $65.00 $161,135.00 $100.00 $247,900.00 $80.00 $198,320.00 340 004 HOT-MIX ASPH(TY F)(LEVEL UP)(ROADWAY) TNS 272.00 $50.00 $13,600.00 $60.00 $16,320.00 $56.00 $15,232.00 351 001 REPAIRING EXIST.FLEX PVMT STRUCT(FLX BS 10") Sy 2,022.00 $25.00 $50,550.00 $25.00 $50,550.00 $30.00 $60,660.00 352 001 CLEANING&SEALINGJNTS&CRCKSLRGR THAN I1/2" LF 27,172.00 $1.25 $33,965.00 $3.00 $81,516.00 $1.00 $27,172.00 354 001 PLANING PAVEMENT(1"-4") SY 35,496.00 $1.50 $53,244.00 $2.00 $70,992.00 $1.50 - $53,244.00 479 001 JADJUSTMANHOLE EA 113.00 $125.00 $14,125.00 $100.00 $11,300.00 $150.00 $16,950.00 479 002 ADJUST GATE VALVE BOX EA 51.00 $125.00 $6,375.00 $50.00 $2,550.00 $30.00 $1,530.00 500 001 MOBILIZATION LS 1.00 $125,000.00 $125,000.00 $60,000.00 $60,000.00 $200,000.00 $200,000.00 529 001 CONCRETE CURB&GUTTER COMBINED LF 373.00 $15.00 $5,595.00 $22.00 $8,206.00 $12.00 $4,476.00 5007 001 HAY BALES EA 80.00 $5.00 $400.00 $15.00 $1,200.00 $10.00 $800.00 5009 001 SILT FENCE LF 5,500.00 $3.00 $16,500.00 $1.50 $8,250.00 $1.00 $5,500.00 262 001 LIME TREATMENT FOR BASE COURSE(ROAD MIX) SY 97,219.00 $1.00 $97,219.00 $1.35 $131,245.65 $0.50 $48,609.50 264 001 LIME SLURRY,TY.A,(DRY WT.) TN 1,500.00 $50.00 $75,000.00 $110.00 $165,000.00 $90.00 $135,000.00 - - -- - -- - -- - -- - -- - -- _ ___ TOTAL COST $1758,869.80 $1,946,532.40 2 April 6, 2004 Consider approving a Tax Abatement Policy for the City of Beaumont ' ~ City of Beaumont Council Agenda Item TO: Mayor and City Council FROM: Kyle Hayes, City Manager MEETING DATE: April 6, 2004 AGENDA MEMO DATE: March 31, 2004 REQUESTED ACTION: Consider adopting a Tax Abatement Policy for the City of Beaumont. BACKGROUND The City of Beaumont's Tax Abatement Policy is adopted every two years by the City Council. The proposed changes to the Policy are in bold print and a copy is attached for your review. I have worked with Chamber of Commerce officials on the proposed amendments. The added business activities eligible for tax abatement were recommended by TIP Strategies of Austin who recently completed the Beaumont Target Marketing Plan. The other significant change relates to the thresholds for capital investments and full-time jobs to be created. The changes are being recommended in an effort to be more competitive with other Texas cities and be more flexible when working with small businesses. The City has not had any requests for tax abatement over the past two years. As stated on page one of the Policy, because property tax revenue is the means to provide vital community services, it is the position of the Administration that tax abatement be utilized sparingly and only after careful consideration of the economic impact on the community. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager.. CITY OF BEAUMONT TAX ABATEMENT POLICY PHILOSOPHY Tax abatement is an economic development strategy to mitigate the substantial costs usually associated with the construction of a new or expansion of an existing facility that enhances the economic and/or social base of the community. Because property tax revenue is the means to provide vital community services, it is the position of City of Beaumont that tax abatement be utilized sparingly, and only after careful consideration of the economic impact on the community. Nothing herein shall imply or warrant that the City of Beaumont is under any obligation to provide tax abatement to any applicant. ELIGIBILITY This policy document provides criteria for eligibility and policy implementation as adopted by the City Council of the City of Beaumont, in accordance with Texas Tax Code, Chapter 312,otherwise known as the Property Redevelopment and Tax Abatement Act (Act), governing property tax abatement agreements. All applications will be considered on a case-by-case-basis. The following types of enterprises are eligible to apply for tax abatement. • Industrial/Manufacturing - activities such as engaging in the mechanical or chemical transformation of materials or substances into new products;assembling component parts ofmanufactured products, if the new product is neither a structure nor other fixed improvement; and blending of materials, such as lubricating oils, plastic toxins or liquors. Other eligible activities include specialty resins and polymers, pharmaceuticals,medical devices and specialty foods. • Distribution - activities described as the wholesale distribution of durable and/or nondurable goods, such as motor vehicles, furniture, lumber and other construction materials,professional and commercial equipment, electrical goods, hardware and plumbing and heating equipment, paper and paper products, apparel, and groceries. • Central administrative office services - examples include performing management, support services or telecommunication functions for related entities. • Properties subject to a Texas Natural Resource Conservation Commission(TNRCC) Voluntary Cleanup Program Agreement Eligible property for which abatement may be granted includes non-residential real property and/or tangible personal property located on the real property other than that personal property that was 1 located on the real property at any time before the abatement agreement is executed. Abatement of taxes shall be the value of real or personal property located on the property for each year of the Tax Abatement Agreement only to the extent that the value for the year exceeds the value for the year in which the agreement was executed. Excluded from eligible personal property are inventory or supplies. Personal property with a useful life of less than ten years is also not eligible for tax abatement. A. The City of Beaumont herein("Governmental Entity") adopts these guidelines and criteria for tax abatement("Policy")for real property owners who propose a project("Project")to develop, redevelop and improve taxable qualifying real property("Real Property"). The Governmental Entity is willing to provide a subsidy to a Real Property Owner in the form of a special exemption from certain taxes provided the Real Property Owner agrees to accept and abide by this Policy. If the Real Property owner leases said property to a third party,the Governmental Entity may require assurances that the conditions outlined in this policy for the Real Property Owner will be met. B. The abatement of ad valorem taxes on Real Property Improvements and Eligible Personal Property will be evaluated and determined according to the following formula and will be subject to the remaining terms of this policy. NUMBER OF NEW PERCENT OF CREATED CAPITAL COST OF FULL-TIME JOBS VALUE TO BE ABATED THE PROJECT (OR) TO BE CREATED 0% 0 - 1,000,000 500,000 Not Applicable 100%for 2 yrs after project completion 30% 500,001 1,000,001 - 2,500,000 2,000,000 26-50 20-30 100% for 3 years 40% 2,000,001 2,500,001 - 5,000,000 3,500,000 51-75 30=40 31-40 100% for 4 years 50% 3,500,001 5,000,001-- 10300,000 5,000,000 76-100 40-30 41-50 Individual Case Basis 5,000,001 10,000,00}or more 101 or nwm 51or more A full-time equivalent employment position is one that provides at least 2,080 hours annually within the City's taxing jurisdiction. The number of full-time equivalent employment positions is determined by adding the total number of hours worked and/or actual paid leave(such as vacation, sick leave, jury duty)of all employees,less overtime hours,and dividing that sum by 2,080. All existing jobs as well as those created must be maintained throughout the term of a tax abatement agreement. C. With respect to a Project with a minimum construction cost investment of f0,000,00f 5,000,001,each tax abatement request will be individually reviewed by the Governmental Entity and approved or declined based on the merits of the application. The percentage of taxes abated is one hundred percent abatement until Project Completion, not to exceed the first and second Tax Year. The percentage of taxes abated for the first through fifth Tax Years next following Project Completion shall be that percentage of abatement granted by the Governmental Entity at the time of application. %h respect to a Project under $f 0,000,000 $5,000,000, the period of abatement is seven years; > however, to no more thmi five Tax Years next fbilowing Project eompletion. The City Council may extend the abatement period longer than the periods stated above if warranted based on an analysis of the direct economic impact. 2 The period of time that the taxes are abated will be referred to as the "Abatement Period". The "first Tax Year" is defined as the first full calendar year next following the commencement of construction of the Project. PROPERTIES SUBJECT TO VOLUNTARY CLEANUP AGREEMENT Tax abatement may apply to properties that are subject to a Voluntary Cleanup Program Agreement as executed with the Texas Commission on Environmental Quality (TCEQ) in accordance with §361.601 et. seq. of the Health and Safety Code for the cleanup or removal of a hazardous substance or contaminant from the environment, as follows: Ca itp al Expenditure Abatement Years Minimum of$250,000 100% 1 75% 2 50% 3 25% 4 Tax abatement for such properties shall not exceed four years and will take effect on January 1 of the year following the date the property owner receives a certificate of completion for the property. The City of Beaumont may cancel or modify the agreement if it determines that the use of the land is changed from the use specified in the certificate of completion, and the new use may result in an increased risk to human health or the environment. D. Prior to beginning the actual construction work on or buying personal property for the Project proposed for tax abatement, the Real Property Owner requesting tax abatement within a lawfully created reinvestment zone must: (1) Provide the Governmental Entity with(a)a description of the Project clearly defining and delineating the work to perform; (b) a statement agreeing to expend a designated amount ("Project Cost")for the Project and,ifthe abatement is based on Required Jobs,a separate statement agreeing that the required minimum number of full-time jobs will be created("Required Jobs") and maintained during the term of the Contract;(c)an explanation as to how the Project will provide long term significant positive economic benefit to the community, the Governmental Entity and its taxpayers; (d) information as to what attempt will be made to utilize Jefferson County contractors and workers;and(e)information as to what attempt will be made to utilize Jefferson County minority contractors and workers. (2) Furnish the Governmental Entity with a written statement that tax abatement will be a significant factor in determining whether the Project for the development, redevelopment or improvement of the Real Property will take place. (3) Agree to execute a Contract with the Governmental Entity containing the covenants 3 and conditions required by the Governmental Entity. E. Should the Governmental Entity agree to grant an abatement to the Real Property Owner after compliance with the procedure outlined above, then: (1) Subject to the terms and conditions of the Contract, a stipulated percentage as set forth above of those particular ad valorem real property taxes ("Taxes") which are generated by virtue of fair market value created("Created Value") solely due to the construction and completion of the Project on the real Property will be abated. (2) The Period of Construction ("Construction Period") for the Project shall not go beyond the end of the second Tax Year. During the Construction Period the Real Property Owner must actually expend the Project Cost. (3) Within six months next following the end ofthe Construction Period,the Project must be operational; i.e., it must actively serve the purpose for which it is designed. (4) In the event the Project is either: (a) Not complete at the Minimum Cost by the end of the Construction Period;or (b) Is timely completed at the Minimum Cost but is not operational within six months next following the end of the Construction Period; or (c) Is timely completed but the Required Jobs are not created or maintained as set forth in paragraph(B); or (d) Is timely completed at the Minimum Cost, is operational within six months next following the end ofthe Construction Period and,ifapplicable,meets the job requirements,but its operations are discontinued for a continuous period of tie six months, then the Contract shall terminate with respect to the Project and so shall the abatement of Taxes for the Created Value of the Project. The Taxes otherwise abated with respect to the Project shall be paid to the Governmental Entity on the date specified by law, or, if such date has passed, then within sixty (60) days of the accelerated termination of the Abatement Period. (5) Employees and/or designated representatives of the Governmental Entity will have access to the Project during the term of the contract for inspection purposes so as to determine if the terms and conditions ofthe Contract are being met. All inspections will be made only after the giving of twenty-four (24) hours prior notice and will only be conducted in such a manner as to not unreasonably interfere with the construction and/or operation of the Project. All inspections will be made with one or more representatives ofthe Real Property Owner,and in accordance with its safety standards. 4 (6) In the event that(a)The Real Property Owner allows its ad valorem taxes owed the Governmental Entity to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest;or(b)the Real Property Owner violates any ofthe terms and conditions of the Contract,and fails to cure during the Cure Period(as hereafter provided),then the Contract may be terminated by the Governmental Entity,and all taxes otherwise abated by virtue of the Contract will be recaptured and paid to the Governmental Entity by the Real Property Owner within sixty(60) days of the termination. (7) The term "Base Year Value" as used herein is the market value of all realty improvements ofthe Real Property Owner located within the taxing entity as of January 1 ofthe year a contract is executed less the abated value of all projects granted the Real Property Owner by the taxing entity for the"Base Year". The term"Taxable Value"is determined by deducting the amount of any abatements granted for that Tax Year from the appraised market value of all realty improvements of the Real Property Owner located within that taxing entity. If on January 1 st of any Tax Year all ofthe legally determined realty improvements owned by the Real Property Owner within the jurisdiction ofthe Governmental Entity is less than the legally determined Base Year Value and/or in the event that the Real Property Owner reduces their ad valorem taxes on personal property otherwise payable to the Governmental Entity by participating in a foreign trade zone or by having otherwise taxable property exempted pursuant to special legislation,e.g.,the"Freeport Amendment" ("Special Treatment"),then the abatement otherwise available shall be reduced by one dollar for each dollar that the taxable value is less than the Base Year Value and, also, for each dollar of tax reduction attributable to Special Treatment; provided, however, that in no event shall the offset exceed the Created Value of the Project otherwise subject to the abatement of TWWs. taxes. (8) Notwithstanding any other provision herein to the contrary in the event that the Governmental Entity adopting this Policy is required to adopt a tax rate which would subject the Entity to a tax rollback election under Section 26.07 of the Property Tax Code, and this increase is caused by requirements set forth by the State;mandated by the judiciary;expenses required to repair, rebuild or rehabilitate improvements which are damaged or destroyed;or due to a significant decline in value of a major industrial complex located in the jurisdiction of the Entity, then the Entity may allocate the taxable value necessary to reduce the actual rate below the rollback rate to the Owners of abated property based on the Owner's prorata share of the total abated value for the current tax year. (9) Should the Governmental Entity determine that the Real Property Owner is in default in the terms and conditions of the Contract, then the Governmental Entity will notify the Real Property Owner at the address stated in the Contract of such claimed default,and if such is not cured within sixty(60)days from the date of such notice("Cure Period"),the Contract may be terminated by the Governmental Entity. Any notice of default shall be in writing and shall be given by personal delivery or by certified mail, return receipt requested. In the event the notice is affected by personal delivery,the date and hour of actual delivery shall be the time and date of such notice to the Business. Absent a postal strike or the stoppage of the mails,in the event of delivery of notice by registered or certified United States mail, the date and hour following 48 hours after the date and hour at which the sealed envelope containing the notice is deposited in the United States mail,properly addressed, 5 and with postage prepaid, shall be the time and date of such notice to the Real Property Owner. F. The Governmental Entity adopting this Policy shall have the final decision with respect to its interpretation and, also, as to whether the minimum standards set forth above have been met by the Real Property Owner. G. This Policy shall terminate on the second anniversary from the date of its adoption by the Governmental Entity. APPLICATION For additional information on tax abatement, contact the eity of BeaumorA's Economic Development at (409) 880-37 City Manager's office at (409) 880-3708. In determining how and with whom tax abatement will be utilized,the City will examine the potential return on the public's investment,including net jobs created,jobs retained,broadening of the tax base, expansion of the economic base and competitive impact upon existing industries and businesses. Approval is contingent upon final consideration and action by the Beaumont City Council. To the extent permitted by law, information provided by an applicant in connection with a request for tax abatement is confidential and not subject to public disclosure until the tax abatement agreement is executed. 6 Application for Tax Abatement City of Beaumont This application will become part of the Tax Abatement Agreements and any knowingly false representations will be grounds for the voiding of the agreement. An original copy of this request should be submitted to Kyle Hayes, ,City Manager,City of Beaumont,P.O.Box 3827,Beaumont,Texas 77704. Part I-Applicant Information Application Date / / Company Name: Address: Telephone: Current Number of Employees: Annual Sales: Employees in Taxing Jurisdiction: Beaumont Address: Years in Jefferson County: Legal Counsel: Address: Telephone: ❑Corporation ❑Partnership ❑Proprietorship Has the Applicant Company recently been cited or currently under investigation for any violations of Federal, State, and/or City laws, codes, or ordinances? ( ) no ( ) yes If yes,please provide detailed information on the nature and status of the violation(s) on a separate sheet of paper. Is any interest in the project presently held by a member of the Beaumont City Council, Planning and Zoning Commission, Economic Development Department or any other City employee? ( ) no ( ) yes Attach a description of the Applicant Company, including a brief history, corporate structure, and business plan and annual statement, if available. Part II - Project Information Location Address: Legal Description: Tax Acct. Numbers: Attach statement fully explaining project, describe existing site and improvements, describe all proposed improvements and provide list of improvements and equipment for which abatement is requested. If available, provide a map showing location of existing and proposed improvements. Section A- Economic Development Type of Facility/abatement: ❑ Industrial ❑ Central Administrative office services ❑ Manufacturing ❑ Distribution ❑ Brown fields site ❑ Other Describe product or service to be provided: Part III- Economic Information Construction Estimate: Contractor: Start Date / / Contract Amount Completion Date / / Peak Construction Jobs If Modernization: Estimated current economic life of structure years Added economic life from modernization years Permanent Job Creation/Retention: Current employment Jobs to be Retained: Full-time jobs created at opening 20 at 3 years 20 (A full-time equivalent position is one that provides at least 2,080 hours annually within the City's taxing jurisdiction.) Provide information, if available, on (1) new employee needs; e.g. skilled vs. non-skilled, level of education, experience, etc; (2) any training which the company will provide to its new employees; (3) attach a list of new jobs to be created by job class with associated wage and salary ranges. Also, provide an average wage for hourly jobs and an average salary for management jobs; (4) attach a list of benefits provided to employees. Indicate if employees' dependents have access to the company's health plan; (5) attach a list describing the type of incentive and/or assistance you will be requesting from other City departments and/or utility companies; (6) describe any goodwill benefits your company will provide to the community. Personal Property (Furniture fixtures and Estimated Appraised Value on Site Land Improvements equipment) Value on January 1 proceeding abatement Estimated value of new abatable investment Estimated value of properties not subject to abatement(i.e. inventory,supplies) Estimated value of property subject to advalorem tax at end of abatement *Please state the method used to determine the estimated value of proposed improvements(i.e. appraisal of plans and specs, etc.) (1) Provide the Governmental Entity with(a) a statement agreeing to expend a designated amount("Project Cost") for the Project and, if the abatement is based on Required Jobs, a separate statement agreeing that the required minimum number of full-time jobs will be created ("Required Jobs")and maintained during the term of the Contract;(b)an explanation as to how the Project will provide a long term significant positive economic benefit to the community,the Governmental Entity and its taxpayers; (c) information as to what attempt will be made to utilize Jefferson County contractors and workers; and (d) information as to what attempt will be made to utilize Jefferson County contractors and workers; and (d) information as to what attempt will be made to utilize Jefferson County minority contractors and workers. (2) Furnish the Governmental Entity with a written statement that tax abatement will be a significant factor in determining whether the Project for the development, redevelopment or improvement of the Real Property will take place. (3) Agree to execute a Contract with the Government Entity containing the covenants and conditions required by the Governmental Entity. Company Representative to be Contacted: Authorized Company Official: Name: Authorized Signature Title: Name and Title Address: Telephone: 3 April 6,2004 Consider amending Section 26-13 of the Code of Ordinances relating to the transport of oversized loads on City streets P..:UUE City of Beaumont Council Agenda Item 'A K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 6, 2004 AGENDA MEMO DATE: March 30, 2004 REQUESTED ACTION: Council consider amending Chapter 26, Section 26-13 Authority of Traffic Control of the Code of Ordinances prohibiting the transport of oversized loads on City streets without first having obtained a permit from the City. RECOMMENDATION Administration recommends Council amend the Chapter 26, Section 26-13 of the Code of Ordinances prohibiting the transport of oversized load on City streets without first having obtained a permit from the City. BACKGROUND The Code of Ordinances, Chapter 26, Section 26-13(16) requires a person wishing to move an overweight vehicle, as defined by the State of Texas, to first obtain a special permit from the City. The purpose of the permit is to assist in the identification of those companies that damage public property. Photographs of streets, curbs and gutters that have been damaged by these types of vehicles are enclosed. Over the years, the requirement for a permit has been extended to include any vehicle that exceeded the maximum load, height, width and length as established by the State. In order to assess fines or penalties for failure to obtain an oversized load permit, it will be necessary for Council to approve the amendment to include vehicles that exceed the State's maximum weight height, width and length requirements. To accommodate individuals or companies that move oversized loads on a regular basis, permits of various time durations have also been established. A copy of the proposed regulations and permit are enclosed. BUDGETARY IMPACT It is estimated that the oversized load permits will generate approximately $10,000 in revenue. PREVIOUS ACTION On December 7, 2003, the City Council approved a permit fee of$50 per oversized load move. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Transportation Manager TransOversizedLoadPermits.wpd March 30,2004 OVERSIZED LOAD PROVISIONS AN OVERSIZED LOAD INCLUDES MOVEMENTS OF VEHICLES OVER: 1. 80,000 pounds total weight; 2. 20,000 pounds any axle; 3. 34,000 pounds any tandem axle; 4. 8 feet 6 inches in width; 5. 14 feet in height, or 6. 65 feet in length (combination of vehicle) Prior to issuance of a permit for loads exceeding the above limits, applicant shall file a$200,000 surety bond with the City Engineer or provide insurance coverage in the minimum amount of$200,000 covering damage to City property including, but not limited to, streets, curbs, gutters and sidewalks. An approved oversized load permit must accompany each oversized load and shall be available at all times. A separate permit shall be required from the State Department of Highways and Public Transportation when transporting over State maintained highways. Applicant is required to notify the City of Beaumont/Transportation Division of each move and intended route under an extended time permit that exceeds the above weight, height, length or greater than 12 foot in width. Peak traffic periods shall be avoided (typically 7:00 - 9:00 a.m. and 4:00 - 6:00 p.m. week days). One(1) escort is required for all loads between 14 feet and 16 feet wide, 17 feet in the height or 110 feet in length. Two(2)escorts are required for all loads exceeding 16 feet wide, 18 feet in height or 125 feet in length. Each escort vehicle must be equipped with a flashing red or amber light. Applicant is required to contact utility companies (Entergy, Southwestern Bell, Cable TV, etc.)prior to all moves exceeding 14 feet in height. Applicant shall receive permission of property owner prior to cutting limbs; shrubbery, etc. Persons moving oversized loads shall notify residents along the move route if access to any property will be blocked for a period greater than 1/2 hour. Oversized loads shall not be unattended at any location on the right-of-way. Failure to comply with any of the above provisions could result in disapproval of subsequent applications. The grantee of any oversized load permit shall hold harmless the City and its agents and employees against any action for personal injury or property damage sustained by reason of the exercise of his permit. I, the undersigned agent, declare that I have read the provisions outlined herein and agree to comply with said provisions. Agent Title CITY OF BEAUMONT OVERSIZED LOAD PERMIT Applicant: Date: Address: Phone No: Contact: Load Type: Length: Weight Per Axle: Width: Loaded Height: Single Move Permit/$50 (Cash or Check Only) Move Date: Route of Travel From To Extended Time Permit/Fee(Cash or Check Only) 1 Month/$150 6 Months/$350 3 Months/$250 1 Year/$500 Effective Date: From: To: Applicant is required to notify the City of Beaumont Transportation Division of each move and intended roj1:2 under an extended time permit for loads that exceed the maximum weight,height,length or are greater that foot in width. Agent/Title: Date: Approved By: Date: Contact Information: City of Beaumont/Public Works/Transportation Telephone: (409)880-3725 Fax: (409)880-3732 E-mail: ldavis @ci.beaumont.tx.us NOTE: This is not a permit to move a building. Moving permits are issued through the City of Beaumont. Building Codes Office, City Hall, 801 Main Street, Suite 215, (409) 880-3762. � w I � A '1Yi tier � � j{j t TV T 5 �E f J f .for i i i =s yy �4 ; •• �Eyf 7�5A k'I fl •d . �M �4ai• �r 1� .s t .� 1 _.. ;rte �• • w _ + 4 C { • i��' 'Fl Ff! + ti'vA if. s 3� r` to d s� Y � `+�.! ak,� a*.: s+. � •✓ k � t F � '�� b< �� r 4i+! �Q k Al,. r rr>. a i r .3 '"h♦ i A,. t�Y: 1 - {r rt r•.J 's� fi :� a ra✓ # d !`yf Pte'. � "'�k o-„'_`�zr °�1p'” �'d "y�l� If� x4.a,y i k,� Nk „r a a I hAa, IL t, t A , l *- 'Al E *� e fi } ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-13 TO AMEND SECTION 26-13(16) RELATING TO MAXIMUM AXLE LOADS; TO REPEAL SECTION 26- 13(25) CONCERNING OVERSIZE LOADS AND ENACTING NEW SECTION 26-14 REGULATING OVERSIZE LOADS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 26, Section 26-13(16) be and the same is hereby amended to read as follows: (16) To determine and fix the maximum axle loads of all vehicles to be operated over, on, or upon the streets within the city, taking into consideration the width, condition and type of pavement structures, and other circumstances on such street. Such maximum axle load shall become effective and operative on said streets within the city when appropriate signs, giving notice thereof, are erected. It shall be unlawful for any person to drive, operate or move, or for the owner to cause or permit to be driven, operated or moved, upon any of the streets, any vehicle or combination of vehicles which in any respect exceeds the maximum axle loads designated by said signs. Provided, however, that any person desiring to operate or move a vehicle on said streets in excess of the maximum axle loads established, shall first obtain a special permit from the director as set out in Section 26-14 herein, and such permit shall not be issued unless reasonably necessary. Any person moving or causing to be moved a load as set out in said permit, shall be liable to the city for any damage done by any such vehicle to the streets, bridges or culverts in the city and the acceptance of the aforesaid permit shall be conclusive evidence that the person to whom such permit is issued agrees to pay all such damages upon demand thereof made by the city. Section 2. THAT Chapter 26, Section 26-13(25) be and the same is hereby repealed. Section 3. THAT Chapter 26 be and the same is hereby amended to add a new Section 26-14 to read as follows: Section 26-14. Oversize Load. It shall be unlawful for a person to move an oversize load within the City of Beaumont without first obtaining a special permit from the city. An oversize load is defined as a load in excess of eighty-thousand (80,000) pounds total weight, or twenty-thousand (20,000) pounds on any axle, or thirty-four thousand (34,000) pounds on any tandem axle, or more than eight feet six inches (8' 6") in width, or above fourteen (14) feet in height, or above sixty-five (65) feet in total length including the vehicle. Permit requirements are as follows: 1. As a prerequisite to the issuance of an oversize load permit, the applicant shall file either a Two-Hundred Thousand ($200,000) Dollars surety bond with the Public Works Director or his designee which bond would protect the City of Beaumont against damages to its property, including but not limited to streets, curbs, gutters and sidewalks; or, in the alternative, provide insurance coverage in the minimum amount of Two-Hundred Thousand($200,000)Dollars covering damage to the same properties. 2. The oversize load permit must accompany each oversize load and be available at all times while the load is operating within the city limits of the City of Beaumont. 3. A separate permit shall be required from the Texas State Department of Highways and Public Transportation when transporting over state-maintained highways within the City of Beaumont. 4. Permits shall be issued for the following time periods at the following fees: TIME PERIOD FEE Single Move $50 1 Month $150 3 Months $250 6 Months $350 1 Year $500 5. The Public Works Director or his designee is hereby authorized to promulgate regulations and forms concerning application, times of operation, escort requirements, notification of utility companies and other relevant requirements, and may issue permits with specific requirements related to the load and its proposed route of travel. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. 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 the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of April, 2004. -------------------------------- - Mayor Evelyn M. Lord - 4 April 6, 2004 Consider approving a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract VII for"extra work" UIA City of Beaumont M Ile Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Joseph G. Majdalani,Water Utilities Manager MEETING DATE: April 6,2004 AGENDA MEMO DATE: March 30,2004 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract VII for"extra work." RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract VII Project amount by$259,444 to replace 3057 linear feet of 10 inch sanitary sewer pipe under the street,77 long side service line connections,61 short side service line connections,435 linear feet of extra length service lines, 8 manhole frames and covers in the street, 11 manhole frames and covers in the dirt,and to remove 6 underground obstructions under the pavement. BACKGROUND The existing sewer lines built in 1960 have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and provide customers with uninterrupted and adequate service. BUDGETARYIMPACT Funds for the project are available in the Water Utilities Operating Funds. PREVIOUS ACTION None SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director, and Water Utilities Manager. COPY APPROVAL OF CONTRACT CHANGE Change Order No. 1&Final Date:March 29,2004 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-VII Owner: City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor: PM Construction&Rehab,LP 131 N.Richey Pasadena,Texas 77506 To the Owner: Approval of the following contract change is requested. Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to replace 3057 linear feet of 10 inch sanitary sewer pipe under the street,77 long side service'line connections,61 short side service line connections,435 linear feet of extra length service lines, 8 manhole frames and covers in the street, 11 manhole frames and covers in the dirt,and to remove 6 underground obstructions under the pavement,on East Drive,Scotch Street,North Street,23'd Street,20 Street and 25'h Street. ORIGINAL CONTRACT AMOUNT $1,042.000. THIS CHANGE ORDER Description Net Chan ce Replace 3057 linear feet of 10 inch sanitary sewer pipe under the street. + 158 964. Replace 77 long side service line connections. + 59.675. Replace 61 short side service line connections. + 21,350. Install 435 linear feet of extra length service lines. + 7,830. Remove 6 underground obstructions under the pavement. + 3,150. ' Replace 8 manhole frames and covers in the street. + 3,800. Replace 11 manhole frames and covers in the dirt. + 4,675. TOTAL AMOUNT OF THIS CHANGE ORDER: + $259,444. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $1301.444. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments m contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Joseph G.Majdalani,P.E. City of Beaumont PM Construction&Rehab,LP Water Utilities Manager Owner Contractor Date 3 3o vd Date: Date: 5 April 6,2004 Consider approving a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract IX for"extra work" Imokor Lia'ji City of Beaumont Council Agenda Item TO: City Council )FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani,Water Utilities Manager MEETING DATE: April 6,2004 AGENDA MEMO DATE: March 30,2004 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract IX for "extra work." RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract IX Project amount by$97,338 to replace 899 linear feet of 10 inch sanitary sewerpipe,2360 linear feet of 8 inch sanitary sewer pipe, 1 long side service line connection, 7 short side service line connections, and install 1 end of the line cleanout. BACKGROUND The existing sewer lines built in 1960 have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and provide customers with uninterrupted and adequate service. BUDGETARYIMPACT Funds for the project are available in the Water Utilities Operating Funds. PREVIOUS ACTION None SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director, and Water Utilities Manager. COPY APPROVAL OF CONTRACT CHANGE Change Order No. 1&Final Date:March 29,2004 Project. City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-IX Owners City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor: PM Construction&Rehab,LP 131 N.Richey Pasadena,Texas 77506 To the Owner: Approval of the following contract change is requested. Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to replace 899 linear feet of 10 inch sanitary sewer pipe,2360 linear feet of 8 inch sanitary sewer pipe, 1 long side service line connection,7 short side service line connections,and install 1 end of the line cleanout on Scotch Street,North Street, 23rd Strect,24"Street,25d'Street and Belmont Street. ORIGINAL CONTRACT AMOUNT $393,575. THIS CHANGE ORDER: Description Net Change , Replace 899 linear feet of 10 inch sanitary sewer pipe. +12L768. 768. Replace 2360 linear feet of 8 inch sanitary sewer pipe. + 63.720. Install l end of the line cleanout. + 400. Replace 1 long side service line connection. + 775. Replace 7 short side service line connections. + 3.675. TOTAL AMOUNT OF THIS CHANGE ORDER: +$97-338. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $490,913. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner.and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Joseph G.Majdalani,P.E. City of Beaumont PM Construction&Rehab,LP. Water Utilities Manager Owner Contractor Date: 3 3o UQ— Date: Date: 6 April 6, 2004 Public Hearing: Receive comments on the Public Services, which includes the Emergency Shelter Set-Aside, and the Public Facilities &Improvements line items of the 2004 Annual Action Plan Budget U... Cit of Beaumont 'a c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Johnny Beatty, Community Development MEETING DATE: April 6, 2004 AGENDA MEMO DATE: March 29, 2004 REQUESTED ACTION: Council conduct a Public Hearing to receive public comments on the Public Services,which includes the Emergency Shelter Set-Aside,and the Public Facilities&Improvements line items of the 2004 Annual Action Plan Budget. RECOMMENDATION The Administration recommends that Council conduct a Public Hearing to receive public comments on the Public Services, which includes the Emergency Shelter Set-Aside, and the Public Facilities & Improvements line items of the 2004 Annual Action Plan Budget. BACKGROUND As mandated by the United States Department of Housing and Urban Development, City Council has conducted such Public Hearings in previous years prior to adopting the City's Final Annual Action Plan. In addition,the Community Development Advisory Committee(CDAC)has held five(5)meetings to discuss the 2004 Action Plan, in order to make its recommendations to City Council. BUDGETARY IMPACT The 2004 federal allocation of$3,113,000 is comprised of$2,126,000 in Community Development Block Grant funds and$837,000 in HOME funds. During the February 10, 2004 Council meeting, Council allocated$100,000 to the Public Services/Public Facilities and Improvements and$85,000 to the Public Services/Emergency Shelter Set-Aside line items. PREVIOUS ACTION Council adopted the 2004 Preliminary Budget on Tuesday, February 10, 2004. SUBSEQUENT ACTION Council will decide the budget allocations for the Public Services,which include Emergency Shelter Set- Aside,Public Facilities and Improvements line items and issue a resolution adopting the 2004 Annual Action Plan of the Consolidated Grant Program. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Community Development pry. �6 z. ll Grants Coordinator Pate Pp nn r] Manager C qja'!ic Works U; ,o City Manager Date 2004 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Public Facilities&Improvements/Emergency Shelter Set-Aside/Economic Development AMOUNT CDAC ADMINISTRATION CITY COUNCIL ORGANIZATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS PUBLIC SERVICES 1. Ark of the Covenant Baptist Church $20,000.00 2. Beaumont Habitat for Humanity $20,000.00 3. Beaumont Housing Authority $19,968.00 4. Ben Rogers/Lamar University/BISD"I Have A Dream" $4,500.00 $4,500.00 5. Briggs-Cannon Community Empowerment Center $15,000.00 6. Caritas,Ubi $19,295.00 $10,000.00 7. Child Abuse and Forensic Services,Inc. $4,595.00 $4,595.00 8. Child Abuse and Forensic Services, Inc. $2,668.00 $2,668.00 9. Compassion Christian Counseling Clinic $20,000.00 10. Elder Care $20,000.00 11. Girls Haven $20,000.00 $10,000.00 12. IEA-Inspire,Encourage,Achieve $600.00 $600.00 13. L.L. Melton YMCA $19,968.00 $16,500.00 14. Nutrition and Services for Seniors $14,800.00 $14,800.00 15. 'Rape and Suicide Crisis of SE Texas $20,000.00 PUBLIC FACILITIES AND IMPROVEMENTS 16. Anayat House, Inc. $9,250.00 $9,250.00 17. Art Studio,The $20,000.00 $10,000.00 18. Beaumont Police Activities League $20,000.00 19. Schlesinger Geriatric Center $20,000.00 20. Young Women's Christian Association of Beaumont $70,000.00 $17,087.00 TOTAL PUBLIC SERVICES/PUBLIC FACILITIES&IMPROVEMENTS $100,000.00 $0.00 $0.00 PUBLIC SERVICES(EMERGENCY SHELTER SET-ASIDE) 21. Family Services of Southeast Texas $20,308.00 $20,000.00 22. Quantum Omega Star $20,000.00 $10,000.00 23. The Salvation Army $20,000.00 $20,000.00 24. Some Other Place/Henry's Place $41,450.00 $35,000.00 TOTAL PUBLIC SERVICES(EMERGENCY SHELTER SET-ASIDE) $85,000.00 $0.00 $0.00 TOTAL REQUESTED $462,402.00 $185,000.00 $0.00 $0.00 City 0'Beaurnont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 69 2004 1:30 P.M. CONSENT" AGENDA Approval of minutes Confirmation of committee appointments A) Approve a contract between City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO) B) Approve a resolution authorizing the City Manager to enter into an agreement with the State of Texas acting by and through the Texas Department of Transportation (TxDOT), to install and maintain bridge load posting signs in the City C) Approve the settlement of a claim of Mary Guillory D) Approve the settlement of a claim of Corey Young A CITY OF BEAUMONT �r COUNCIL AGENDA ITEM A IL TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Janett Lewis, Housing Mana e MEETING DATE: April 6, 2004 AGENDA MEMO DATE: March 31, 2004 REQUESTED ACTION: Council consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization (BCHDO). RECOMMENDATION The Administration recommends that City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization (BCHDO) in the amount of $32,400 to purchase property for the construction of six new homes at 2378 Goliad, 2398 Goliad, 3674 Edmonds,3680 Edmonds,and Lots 10& 1 I on Nelkin Street. BACKGROUND The City of Beaumont has a contractual relationship with the Beaumont Community Housing Development Organization (BCHDO)to provide affordable housing in targeted neighborhoods. BUDGETARY IMPACT Funding is available from the 1998 Consolidated Block Grant Program,Site Development Line Item ($1,760), 1999 Consolidated Block Grant Program, Site Development Line Item ($5,055), 2001 Consolidated Block Grant Program, Interim Assistance Line Item ($11,299) and the 2002 Consolidated Block Grant Program,Acquisition Line Item ($14,286). PREVIOUS ACTION Council has previously approved contracts with BCHDO which have enabled low/moderate income families to purchase new homes constructed in neighborhoods targeted for revitalization. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director,Planning Manager,Housing Manager and Grants Administrator. BEAUMONT COMl HOUSING WN DEVELOPMENT ORGANIZATION, INC. ipw 522o Highland Avenue Beaumont, Texas 77705 Office: (409) 813-2158 * Fax: (4o9) 813-2165 www.bchdo.org Antoinette Hardy President \� MEMORANDUM Peggy Holiday To: 7anett Blunt Housing Counselor From: Antoinette Hardy Debra Broussard Date: March 17, 2004 Site Manager Re: Funding Request Board Members: Contessa Dickson Per your request, I have provided the list of lots that are FOR SALE and owners Loma George have committed to selling for our affordable housing program. Cheryl Guillory Georgine Guillory Steven Haynes Land Acquisition to purchase property to build new affordable homes in targeted areas of the City Shawna Tubbs of Beaumont Property Address Land Cost Appraisal Survey Title Policy Total 2378 Goliad $3,500.00 $350.00 $350.00 $1,200.00 $5,400.00 2398 Goliad $3,500.00 $350.00 $350.00 $1,200.00 $5,400.00 3674 Edmonds $3,500.00 $350.00 $350.00 $1,200.00 $5,400.00 3680 Edmonds $3,500.00 $350.00 $350.00 $1,200.00 $5,400.00 Lot 10-Nelkin St. $3,500.00 $350.00 $350.00 $1,200.00 $5,400.00 Lot 11 -Nelkin St. $3,500.00 $350.00 $350.00 $1,200.00 $5,400.00 TOTAL $21,000.00 $2,100.00 $2,100.00 $7,200.00 $32,400.00 If you have any questions, please give me a call at (409) 813-2158 or (409) 201- 0272. Your assistance in this matter is greatly appreciated. Thanks! BCHDO "Blessed Christians Helping Deserving Others" B ....N City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: April 6, 2004 AGENDA MEMO DATE: March 30, 2004 REQUESTED ACTION: Council consider a resolution authorizing the City Manger to enter into an agreement with the State of Texas acting by and through the Texas Department of Transportation(TxDOT),to install and maintain bridge load posting signs in the City. RECOMMENDATION Administration recommends authorizing the City Manager to enter into an agreement with the State to install and maintain bridge load posting signs in the City. BACKGROUND The State of Texas acting by and through TxDOT has identified bridge locations in the City that should be signed to inform motorists of load restrictions. TxDOT will supply the City with the signs, supports and hardware necessary to complete the installation at no cost to the City. Upon delivery the City will be responsible for the installation and maintenance of these signs. BUDGETARY None. This agreement allows the State of Texas to provide the City with bridge load posting signs to be installed at designated locations in the City. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Public Works, City Engineer, and Transportation Manager. BndgeLoadSigmg.wpd 03-30-04 c City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: April 6, 2004 AGENDA MEMO DATE: April 1, 2004 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Mary Guillory. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Mary Guillory. BACKGROUND Council authorized the settlement of this claim in Executive Session March 30, 2004. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown: Mary Guillory and Mel Shelander, Attorney $8,000 245 N. 4th Beaumont, TX 77701 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS,the claim of Mary Guillory has been discussed in an Executive Session properly called and held Tuesday, March 30, 2004; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Mary Guillory in the amount of Eight-Thousand ($8,000) Dollars payable to Mary Guillory and Mel Shelander, Attorney. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of April, 2004. -------------------------------- - Mayor Evelyn M. Lord - D City Beaumont o Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: April 6, 2004 AGENDA MEMO DATE: April 1, 2004 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Corey Young. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Corey Young. BACKGROUND Council authorized the settlement of this claim in Executive Session March 30, 2004. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown: Corey Young and Mel Shelander, Attorney $3,000 245 N. 4th Beaumont, TX 77701 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS,the claim of Corey Young has been discussed in an Executive Session properly called and held Tuesday, March 30, 2004; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Corey Young in the amount of Three-Thousand ($3,000) Dollars payable to Corey Young and Mel Shelander, Attorney. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of April, 2004. -------------------------------- - Mayor Evelyn M. Lord -