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Home My WebLink AboutPACKET FEB 22 2005 MARV� WARA Ld � c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 22, 2005 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Kathleen Leaf would be reappointed to the Library Commission. The current term would expire February 15, 2007. (Councilmember Nancy Beaulieu) Dinah Bernsen would be reappointed to the Library Commission. The current term would expire January 31, 2006. (Councilmember Nancy Beaulieu) Bessie Chisum would be reappointed to the Community Development Advisory Committee. The current term would expire December 11, 2006. (Councilmember Lulu Smith) George Jackson would be reappointed to the Parks and Recreation Advisory Commission. The current term would expire March 20, 2006. (Councilmember Nancy Beaulieu) E. J. Sherlock would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire October 14, 2006. (Councilmember Nancy Beaulieu) Liz Harris would be appointed to the Parks and Recreation Advisory Committee. The term would commence February 22, 2005 and expire February 21, 2007. (Mayor Evelyn M. Lord) Nelda White Brown would be appointed to the Drug Free Beaumont Commission. The term would commence February 22, 2005 and expire February 21, 2007. (Councilmember Nancy Beaulieu) Marilyn Hebert would be reappointed to the Drug Free Beaumont Commission. The current term would expire February 25, 2007. (Councilmember Lulu Smith) Lula Henry would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire September 14, 2005. (Councilmember Lulu Smith) Frank Messina would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 15, 2007. (Mayor Evelyn M. Lord) Ann Rothkamm would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10, 2007. (Mayor Evelyn M. Lord) Bonnie Cokinos would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10, 2007. (Mayor Evelyn M. Lord) Rocky Chase would be reappointed to the Convention and Tourism Advisory Board. The current term would expire December 4, 2006. (Councilmember Andrew P. Cokinos) Mary Jowers would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire February 1, 2007. (Councilmember Andrew P. Cokinos) Joey Hilliard would be reappointed to the Board of Adjustment(Zoning). The current term would expire February 17, 2007. (Mayor Evelyn M. Lord) Terleen Hurst would be reappointed to the Drug Free Beaumont Commission. The current term would expire February 17, 2007. (Mayor Evelyn M. Lord) Pollie Dean would be reappointed to the Historic Landmark Commission. The current term would expire February 10, 2007. (Councilman Andrew P. Cokinos) Sam Bethea would be appointed as Chairman of the Keep Beaumont Beautiful Commission. The term would commence February 22, 2005 and expire February 21, 2006. (Mayor Evelyn M. Lord) Carolyn Howard would be appointed as Vice-Chairman of the Keep Beaumont Beautiful Commission. The term would commence February 22, 2005 and expire February 21, 2006. (Mayor Evelyn M. Lord) Ann Heidtke-Poynor would be reappointed to the Library Commission. The current term would expire August 31, 2006. (Councilman Andrew P. Cokinos) Myra Clay would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire October 12, 2006. (Mayor Evelyn M. Lord) Herb Spangler would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire January 13, 2007. (Councilman Andrew P. Cokinos) Pam Johnson would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire January 20, 2007. (Councilman Andrew P. Cokinos) A) Approve the sale of City-owned surplus property located at 735-753 Wall Street B) Approve the sale of City-owned surplus properties located on Flowers Street City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: February 22, 2005 AGENDA MEMO DATE: February 14, 2005 REQUESTED ACTION: Council approval of the sale of City-owned surplus property. RECOMMENDATION Administration recommends the sale of City-owned surplus property to Helen Thomas in the amount of$2,500. BACKGROUND Two(2)bids were received for the sale of City-owned surplus property. The legal description of the property is shown below: Address: 735-755 Wall Street, 810 Trinity Legal: South Part Lots 506, 507, and 508, Block 65, Beaumont Addition Zoning: RCR- Residential Conservation Revitalization This property was purchased in the right-of-way acquisition for the Wall Street Connector. A map is enclosed indicating the location of the property. Bids for this property were received from the following: Name Price Bid Helen Thomas $2,500 Beaumont, TX Ebenezer Missionary Baptist Church $1,000 Beaumont, TX Sale of Surplus Property February 14, 2005 Page 2 BUDGETARY IMPACT Payments to the City for this property will be deposited in the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Internal Services Director. EXHIBIT A SUBJECT w SALE OF SURPLUS PROPERTY LA REL X91 9 � PARCEL # 201 C 755-735 WALL STREET; 9 810 TRINITY �� o �ol� EM ET L P p Q Q LA GH M SOUTH PART LOTS 506, 507, 9� q � Z- �� 9� "�R° AL AND 508, BLOCK 65 L ��f ti ti� = RAIG BEAUMONT ADDITION L c �� q z IR A J a H LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY �P P 9 \ ti b\\ N.T.S. C:\EddleTarks\surplus property sale\property sale 2003.dwg,201,12J112004 11:26:44 AM City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: February 22, 2005 AGENDA MEMO DATE: February 18, 2005 REQUESTED ACTION: Council approval of the sale of City-owned surplus property. RECOMMENDATION Administration recommends the sale of two(2)parcels of City-owned surplus property to Maurice James Newman/Quad Four Mortgage in the amount of$2,300. BACKGROUND Bids were received for the sale of City-owned surplus property. The legal description of each parcel is listed below: Address: 430 Flowers Street Legal: City Plat K, D. Brown A-5, Tract 12 Zoning: RS - Residential Acreage: 0.154 acres This property was obtained for neighborhood revitalization. Address: 470 Flowers Street Legal: City Plat K, D. Brown A-5, Tract 14 Zoning: RS - Residential Acreage: 0.137 acres This property was obtained for neighborhood revitalization. Sale of Surplus Property February 17, 2005 Page 2 The bids received for each parcel are listed below: 430 Flowers 470 Flowers Maurice James Newman/Quad Four Mortgage $1,200.00 $1,100.00 Deborah Jane Broussard $700.00 NB Maps indicating the location of each parcel are attached. BUDGETARY IMPACT Payments to the City for this property will be deposited in the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Internal Services Director. EXHIBIT A SUBJECT RAIL w 9 C z IR A SH K - o AM SALE OF SURPLUS PROPERTY FA W JAC S N P WE L UN ER z z SCH A flER ¢ S L z Q Q �z DE o W < :z o VILLE U a y REDE RICK G❑V RN INCO N P Z LA N a PARCEL # 198 MM EICY D z SHERMAN FL❑ ERS < O J BRA LYLE Q ❑R ERY Q— B❑LIVA > S AN ❑ D�w o } MA DI ❑N ° w Y 1 z AR BEL A 430 FLOWERS STREET ¢ z o z 0- � ¢ VAN Bu EN CITY PLAT K, D. BROWN A-5 Q � Q FuLT❑ o R B RTS TRACT 12 PR IRE PR I IE' LEE LEE Q TERREL J N LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY iv FLOWERS 54' F-- fr 0 u 0 11 c°_v 0.154 N 0 ACRES 54' N.T.S. C1EddielParkslsurplus property selelproperty sale 2003.dwg,198,111112004 1:39:25 PM EXHIBIT B SUBJECT f✓�, = RAIG w J C z IR A a- SH K w Q LAM R SALE OF SURPLUS PROPERTY FA w JAC S N P WELL Z SC H A ilER a S N UN ER z LL z ¢ �z DE o w �z o VILLENE CL GOV RN INC❑ N y RED RICK Z z LA U m Li z PARCEL # 199 LYLE ¢ L❑ E0s o - R ER J SHE¢BRAD Y z OJ a B❑LIVA > AN ❑ �w o ADI ❑N = Y z AR BEL A LLJ LIZ 470 FLOWERS STREET z o z CL � Q VAN BU EN CITY PLAT K, D. BROWN A-5 0 > R B RTS Q z LEE FU LEE K TRACT 14 PR IRE PR I IE- TERREL J S N LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY x FLOWERS 50' cv 0.137 cv ACRES/- 50' N.T.S. C:\Eddie\Parks\surplus property sale\property sale 2003.dwg,199,1111/20041:39:46 PM �r City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 22,2005 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving the purchase of one (1) diesel powered cab and chassis equipped with a jet rodder sewer vacuum system for use in the Water Utilities Division 2. Consider approving the purchase of one(1) diesel powered cab and chassis for use in the Clean Community Division 3. Consider approving a lease agreement for an annual event at the Beaumont Fairgrounds 4. PUBLIC HEARING: Dilapidated Structures Consider approving of an ordinance declaring certain structures to be dangerous structures and ordering their removal; allowing the owners of certain structures to complete their present work programs and obtain their Certificate of Occupancy; and ordering the owners of certain structures to enroll in a work program and complete all work within 60 days COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Willie Parker III Penni Simonson, et al v City of Beaumont City of Beaumont v Scottish Inn City of Beaumont v Interstate Inn City of Beaumont v Beaumont Courtyard City of Beaumont v Fairfield Inn City of Beaumont v MCM Elegante' City of Beaumont v Beaumont Hilton Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 February 22, 2005 Consider approving the purchase of one(1) diesel powered cab and chassis equipped with a jet rodder sewer vacuum system for use in the Water Utilities Division 11-7W9J- - City of Beaumont ,-fz EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: February 22, 2005 AGENDA MEMO DATE: February 8, 2005 REQUESTED ACTION: Council approval of the purchase of one(1)diesel powered cab and chassis equipped with a jet rodder sewer vacuum system. RECOMMENDATION Administration recommends the purchase of one (1) 2006 Sterling L8500 diesel powered cab and chassis equipped with a jet rodder sewer vacuum body for the Public Works Department, Water Utilities Division, through the Houston-Galveston Area Council (H-GAC) cooperative purchasing program. BACKGROUND The jet rodder sewer vacuum system is capable of breaking clogs and blocked debris in sewer lines. With this system, debris and grease can be pulled to a manhole and vacuumed from the line. Currently, the Water Utilities Division has only one jet rodder sewer vacuum truck. They have several flush trucks that are used to open clogged lines but these trucks are limited as they are not designed to pull the debris to the manhole for removal. According to the Water Utilities Division, there are 780 miles of sewer lines in Beaumont which need preventative cleaning to ensure adequate flow. The truck will be ordered from H-GAC's contracted vendors,the chassis from Houston Freightliner, Inc. of Houston, Texas, at a cost of $62,299 and the jet rudder vacuum body from Vactor Manufacturing of Streator, Illinois, at a cost of $153,200. Each price includes an H-GAC administrative fee of$600. The truck will replace Unit 3260, a 1996 Ford 8000 jet rodder truck, which will be disposed of according to the City's surplus policy procedures. Purchase of Vacuum Truck February 8, 2005 Page 2 Warranty service for the Sterling cab and chassis will be provided by the local authorized Freightliner dealer. Kinloch and Supply, Inc. of Pasadena, Texas will provide onsite warranty service. Both are warranted for a period of one(1)year. BUDGETARY IMPACT Total cost for this truck is $215,499. Funds will be provided through a lease purchase agreement. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Internal Services Director. 2 February 22, 2005 Consider approving the purchase of one(1) diesel powered cab and chassis for use in the Clean Community Division City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: February 22, 2005 AGENDA MEMO DATE: February 8, 2005 REQUESTED ACTION: Council approval of the purchase of one(1)diesel powered cab and chassis. RECOMMENDATION Administration recommends the purchase of one(1)2006 Freightliner M2-112 diesel powered cab and chassis equipped with a 5"' wheel for the Public Works Department, Clean Community Division,through the Houston-Galveston Area Council(H-GAC)cooperative purchasing program. BACKGROUND The truck will be ordered from H-GAC's contracted vendor, Houston Freightliner, Inc. of Houston, Texas, at a cost of$78,307. The price includes an H-GAC administrative fee of$600. Upon delivery, a forty(40)cubic yard trash hauling body will be installed. The truck will be used by the Clean Community Division for removing residential yard waste. Unit 3217, a 1991 Ford trash truck, will be replaced by the new unit, which will be disposed of according to the City's surplus policy procedures. Warranty service will be provided by the authorized local Freightliner dealer. The truck is warranted for a period of one year. Delivery is 90-120 days. BUDGETARY IMPACT Funds are available in the Solid Waste Fund. Purchase of cab and chassis February 8, 2005 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Internal Services Director. 3 February 22,2005 Consider approving a lease agreement for an annual event at the Beaumont Fairgrounds V~ f City of Beaumont MIZI • • council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Maurine Gray, Director of Libraries and Recreation MEETING DATE: February 22, 2005 AGENDA MEMO DATE: February 16, 2005 REQUESTED ACTION: Council consider approving a contract with Reed Exposition Midway for a lease on the fairgrounds. RECOMMENDATION Approval of a lease for a period of seven years beginning in 2005. BACKGROUND Reed Exposition Midway has contacted us wishing to lease a portion of the Fairgrounds in order to hold an annual Golden Triangle Fair for a period of ten days. They wish to use the midway area and have rights to rent the buildings each year. Opening day for the Fair this year will be April 29 through May 8. They will open weekdays at 5:00 P.M. and at 3:00 P.M. on Saturday and Sunday. BUDGETARY IMPACT The City will receive $4000 in rent plus all parking revenue and revenue from exhibit space sold. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Director of Libraries and Recreation, and Convention Facilities Manager BEAUMONT FAIR GROUNDS,LEASE AGREEMENT Mailing address: PO Box 3827 Beaumont Tx.77704 Physical address: 2600 Gulf Street Beaumont, Texas 77703 Office: (409)838-3435 Fax: 409-838-3715 Web address: http://www.beaumont-tx-complex.com/ e mail address: chawkins@ci.beaumont.tx.us This lease dated February 4 2005 is made between the City of Beaumont,TX.,under the laws of the State of Texas,herein referred to as COB,and Reed Exposition Midway herein referred to as LESSEE. Name:Reed Exposition Midway Address: 105 Hopkins Street,Lufkin,TX 75901-1519 Phone:813-714-0274 Fax:800-260-3236 In consideration of the mutual covenants contained herein,the parties agree as follows: 1.EVENT/DATES:The LESSEE shall restrict its use of the premises to the purposes listed herein and shall not use or permit the use of the premises for any other purpose without the written consent of COB: Name of Event:Golden Triangle Fair Use/Type of Event: Use of midway area and rights to use of buildings during said dates. Move-in day(s)and time(s):April 25 Move in; Event Day(s)and time(s): Opening day April 29`h thru May 8`h Open weekdays at 5:00 p.m.Sat.&Sun 3 p.m. Move-out day(s)and time(s):May§0'& 10 Additional charges may apply if premises used before or after the above schedule. 2. PREMISES TO BE USED: COB reserves the right to lease any unused portion of the premises not covered by this lease agreement to other mutually agreed upon concerns. 3. RENT:Rental of premises on dates as listed above and services totals$4000.00 which includes: a)Use of carnival grounds and new by parking. b)3 small dumpsters c)City electric should it be needed.(Additional fee to be based on usage) d)Water hook-ups e)Use of grounds for camping by exhibitors with 24-hour access. 4. OTHER SERVICES: 5. SECURITY: Security personnel,if requested by LESSEE or required by COB,will be arranged for by COB and the cost of such personnel shall be reimbursed by LESSEE in addition to the rent as set out above in Item#3.Only duly sworn Beaumont law enforcement officers with jurisdiction at the premises of COB will be allowed to carry weapons on the premises.Estimated security: $27.50 per man$33.Supervisor 6. DAMAGE/CLEAN-UP DEPOSIT:A clean-up and damage deposit in the amount of$1000.00 will be held in escrow to ensure the premises will be delivered to COB in good stately condition.No interest shall be paid upon the deposit.Nothing herein contained shall be construed as a warranty that said premises are in good condition or are suitable or fit for any use or purpose for which they are let.COB or COB'S agent have made no warranties,representations or promises that the premises are in good state of repair and in sanitary condition and are in all matters fit for LESSEES use.LESSEE shall surrender the premises at the end of the Lease in the same condition as when the LESSEE took possession,allowing for reasonable use and wear and shall be fully responsible and liable for an damages resulting from use of the premises by LESSEE,Items left on the fairgrounds beyond caused sect to the on remise and for owing a ern shall any ash or considered abandoned and will be disposed of by COB and if applicable,the expense billed to LESSEE.The damage deposit,less any expenses owed under this lease to COB,shall be returned to LESSEE provided that all terms and conditions herein contained have been fully performed by the LESSEE. 7. TOTAL AMOUNT DUE(Total of#3,#4,#5,#6)COB reserves the right to cancel this lease agreement if the total due is not received in this office prior to opening day before the event & DEPOSIT/BOND: LESSEE shall deposit the sum of$1000.00 upon execution of this contract,which shall be held by COB as security of the full and timely performances by LESSEE for breaches of those terms and conditions.No interest shall be paid upon the deposit.The rights of COB against LESSEE for breach of this lease shall in no way be limited or restricted by this security deposit,but COB shall have the absolute right to pursue any available remedy to protect its interest herein,as if the security deposit had not been made.This deposit and any amount collected for rent is non-refundable if event is cancelled for arty reason. 9. LIABILITY INSURANCE:LESSEE shall procure and maintain public liability insurance at LESSEE'S expense during the term of this lease and any extension thereof Such coverage shall be adequate to protect against liability for damages claimed through any use,including arising out of accidents occurring in or around the leased premises in a minimum amount of Three hundred thousand and no/100($300,000)dollars for each person injured.Two Million and no/100($2,000,000)dollars for any one accident,and Three hundred thousand and no/100($300,000) dollars for property damage.Any such policy shall be delivered to the COB for safekeeping during the term of the lease.The City of Beaumont Texas shall be named as additional insured in such policy of insurance. 10. LICENSES:Lessee agrees that it will procure at its expense all necessary state,county,municipal licenses/permits,and/or licenses/permits from any authority whatsoever which are required for its possession or use of the premises rented hereunder. 11. SMOKING: SMOKING IS PROHIBITED INSIDE ANY BUILDING ON THE FAIRGROUNDS. 12.UTILITIES:Normal utilities(water and electricity)in the premises leased are included in this rental. 13. CONCESSIONS:LESSEE reserves all food and drink concession rights on the premises with exception located inside Fairpark Coliseum. 14. PARKING:COB reserves all parking rights on the premises. 15. RESTRICTIONS OF USE:Lessee shall not use premises in any manner that would increase the risk covered by insurance on the premises and result in an increase of the rate of insurance or a cancellation of any insurance policy concerning the premises even if such use shall be in furtherance of LESSEE'S purposes.LESSEE shall not keep,use or sell anything prohibited by any policy of insurance concerning the premises necessary to keep said insurance in force. 16. FIRE EXIT DOORS&FIRE REGULATIONS:All fire exit doors must be unobstructed.At least a five(5)feet radius surrounding each fire exit door must be kept clear and there must be at least a four(4)feet clear aisle leading to the fire exit door.Any vehicle parked inside the building must be for display purposes only,with as little fuel as possible,with a locking gas tank or the gas tank taped shut and battery cables disconnected. 17. ENTRY ON PREMISES:COB reserves the right to enter the premises at all reasonable times to inspect them,to perform required maintenance and repairs or make additions,alterations or modifications to any part of the premises or building covered by this lease and LESSEE shall permit COB to do so.COB may erect scaffolding,fences and similar structures,post notices and place movable equipment in or on the premises in connection with making alterations,additions or repairs or performing any maintenance,all without incurring any liability to COB whatsoever. 18. CLAIMS,SUITS OR DEMANDS:LESSEE agrees to hold COB,employees and agents,harmless,and to defend and indemnify them from any and all claims,actions,suits or demands,which result or arise out of LESSOR or LESSEE'S ownership,maintenance or use of the Fairgrounds or the space described in this lease.Further,LESSEE covenants and agrees that it will make no claims and assert no actions against LESSOR or the COB, their officers,employees or agents,for bodily injury to any person,or the death,thereof,or for injury or theft,destruction of property belonging to LESSEE or of others where such injury,death,theft or destruction arise out of its ownership,use or maintenance of the Fairgrounds of the leased space described in this lease. 19. NON-LIABILITY OF LESSOR FOR DAMAGES HOLD HARMLESS AND INDEMNITY AGREEMENT:COB shall not be liable for liability or damage claims for injury to persons or property arising from any cause relating to the occupancy of the premises by the LESSEE, including those arising out of damages or losses occurring on areas adjacent to the leased premises during the term of this lease or any extension thereof. COB shall not be liable for damage claims for injuries to persons or property arising out of the public use of the premises or accidents occurring in or around the premises.LESSEE shall indemnify and hold harmless the COB from all liability,loss or other damage claims and obligations arising out of its use of the premises or areas adjacent thereto. 20. ATTORNEY FEE: If COB uses the services of an attorney or files any legal action to enforce any agreement of the lease or for the breach of any covenant or provision,LESSEE shall pay COB a reasonable fee for the services of COBS attorney. 21. CANCELLATION RIGHTS:COB reserves the right to cancel this contract,if in its sole judgment;the LESSEE is utilizing the leased area(s), in such a way to be detrimental to the interest of the COB.COB reserves the right to terminate any activity whatsoever,in its sole opinion,deems unsafe,in violation of law,ordinances,or this agreement,or not in keeping with community standards,morality or decency. COB further reserves the right to terminate this contract by written notice to LESSEE within 60 days following each year's event for reasons of natural disaster or should the property be sold or designated for public uses which would prevent the use of the premises for the purposes intended by this agreement. Should the property be designated for some other public use,said use will not be for purposes of carnivals,fairs,or like events. 22. TERM:This agreement shall be for a term of 7 years beginning 2005 and ending 2012.LESSEE shall have the right to cancel this agreement by written notice to COB within 60 days following each year's event.Rental fees shall not exceed a more than 25%increase or ears 006 and 2007.Rental fees for the remaining years of this agreement after 2007 shall not exceed more than 10%per year.LESSEE shall have first right of f the y 2 refusal for renewal of this agreement at end of the tern. 23.ADDITIONAL TERMS:COB agrees not to rent or allow premises to be used for any similar event which would include mechanical rides for public use for a period of 90 days prior to and 60 days after LESSEE'S annual event. . 24. APPLICABLE LAW:This agreement shall be governed by and construed in accordance with the Law of the State of Texas. LESSEE: City of Beaumont Fairgrounds By: By: Position: Position: Date: Date: 4 February 22,2005 PUBLIC HEARING: Dilapidated Structures Consider approving of an ordinance declaring certain structures to be dangerous structures and ordering their removal;allowing the owners of certain structures to complete their present work programs and obtain their Certificate of Occupancy; and ordering the owners of certain structures to enroll in a work program and complete all work within 60 days .E ! Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Pamela K. Loiacano, Field Supervisor MEETING DATE: February 22, 2005 AGENDA MEMO DATE: February 15, 2005 REQUESTED ACTION: Council consider after public hearing to declare the following twenty-five (25) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. 1. 2996 Avenue E (5) 14. 2370 Monroe (7) 2. 6766 Bigner Road (2) 15. 2427 Neches (5) 3. 1440 Bolivar (3) 16. 2350 S. 9th Street (4) 4. 1435 Broadway (7) 17. 1910 Nora (8) 5. 1660-1662 Cartwright (4) 18. 2255-57 North (5) 6. 1305 Edwin (4) 19. 3990 Ogden Avenue (Gar Apt) (3) 7. 683-701 Forsythe (Commercial) 20. 2245 Pierce (5) 8. 2425 Harriot (5) 21. 3940 Pine (Commercial) (3) 9. 4025 Hartel (5) 22. 2120 Sabine Pass Ave. (Comm) (1) 10 3990 Houston (3) 23. 410 Short (Commercial) (5) 11. 4045 Houston (7) 24. 1995 Tulane (2) 12. 1432 Lamar (7) 25. 1185 Vermont (5) 13. 1793-99 Liberty (4) (#) Indicates number of times structure has been enrolled in work program. RECOMMENDATION That City Council condemn these twenty-five (25) structures and order owner to raze within ten (10) days. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure because they have deteriorated such that they are no longer considered suitable for repair. BUDGETARY INWACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Building Codes Division will demolish or cause to be demolished said structures. RECOMMENDED BY City Manager, Public Works Director and Building Official. REQUESTED ACTION: Council consider after public hearing a raze or repair order on the following four (4) structures so the owners can complete their present work programs and obtain their CO by that work program date. 26. 2398 Avenue E (6) 28. 1378 Magnolia Avenue (8) 27. 1830-40 Bolivar (Gar Apt) (6) 29. 1392 Magnolia Avenue (8) (#) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Owner to be issued an order to raze or repair structure within specified work program time already issued. Owner must obtain permits and inspections of work already completed and future work. BACKGROUND These structures were inspected and found to be substandard and not meeting City code requirements. The structures are suitable for rehabilitation and are presently on active work programs. BUDGETARY IMPACT None at this time. PREVIOUS ACTION The above structures were issued notification of being substandard as defined by the City of Beaumont's Code of Ordinances, Article I11, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Staff will monitor work for allotted time granted by present work program. RECOMMENDED BY City Manager, Public Works Director and Building Official. REQUESTED ACTION: Council consider after public hearing a raze or repair order on the following seven (7) structures instructing owners to contact City within ten (10) days, enroll in a work program and complete all work within sixty (60) days. 30. 1435 Doucette (7) 34. 2906 Pine (5) 31. 4015 Ogden (3) 35. 205 E. Threadneedle & Garage (5) 32. 2860 Orange (9) 36. 1801 Washington Blvd. (3) 33. 4525 Pershing Drive (5) (#) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Owner to be issued an order to raze or repair structure within sixty (60) days. Owner to enroll in a work prograrm within ten (10) days and obtain all necessary permits and inspections for work already completed and future work. BACKGROUND These structures were inspected and found to be substandard and not meeting City code requirements, but could be rehabilitated. BUDGETARY IMPACT None at this time. PREVIOUS ACTION The above structures were issued notification of being substandard as defined by the City of Beaumont's Code of Ordinances, Article 111, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Staff will enroll owner in a work program and monitor work for allotted time granted by Council. RECOMMENDED BY City Manager, Public Works Director and Building Official. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 2996 Avenue E 19. 3990 Ogden Avenue (Gar Apt) 2. 6766 Bigner Road 20. 2245 Pierce 3. 1440 Bolivar 21. 3940 Pine (Commercial) 4. 1435 Broadway 22. 2120 Sabine Pass Ave. (Commercial) 5. 1660-1662 Cartwright 23. 410 Short(Commercial) 6. 1305 Edwin 24. 1995 Tulane 7. 683-701 Forsythe (Commercial) 25. 1185 Vermont 8. 2425 Harriot 26. 2398 Avenue E 9. 4025 Hartel 27. 1830-40 Bolivar(Garage Apt) 10 3990 Houston 28. 1378 Magnolia Avenue 11. 4045 Houston 29. 1392 Magnolia Avenue 12. 1432 Lamar 30. 1435 Doucette 13. 1793-99 Liberty 31. 4015 Ogden 14. 2370 Monroe 32. 2860 Orange 15. 2427 Neches 33. 4525 Pershing Drive 16. 2350 S. 9th Street 34. 2906 Pine 17. 1910 Nora 35. 205 E. Threadneedle & Garage 18. 2255-57 North 36. 1801 Washington Blvd. to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 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 following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 2996 Avenue E 14. 2370 Monroe 2. 6766 Bigner Road 15. 2427 Neches 3. 1440 Bolivar 16. 2350 S. 9th Street 4. 1435 Broadway 17. 1910 Nora 5. 1660-1662 Cartwright 18. 2255-57 North 6. 1305 Edwin 19. 3990 Ogden Avenue (Garage Apt) 7. 683-701 Forsythe (Commercial) 20. 2245 Pierce 8. 2425 Harriot 21. 3940 Pine (Commercial) 9. 4025 Hartel 22. 2120 Sabine Pass Ave. (Comm) 10 3990 Houston 23. 410 Short(Commercial) 11. 4045 Houston 24. 1995 Tulane 12. 1432 Lamar 25. 1185 Vermont 13. 1793-99 Liberty If the property owners fail to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 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 property owner(s) of the following described buildings complete their present work program within the time periods shown below: LOCATION WORK PROGRAM ENDING DATE 26. 2398 Avenue E 4/30/05 27. 1830-40 Bolivar(Garage Apt) 4/30105 28. 1378 Magnolia Avenue 4/03/05 29. 1392 Magnolia Avenue 4/03/05 If the property owner(s) fail to comply with the above shown time period, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 4. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, 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 following described buildings execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or repair the structures within sixty (60) days of the effective date of the execution of this ordinance. 30. 1435 Doucette 34. 2906 Pine 31. 4015 Ogden 35. 205 E. Threadneedle & Garage 32. 2860 Orange 36. 1801 Washington Blvd. 33. 4525 Pershing Drive If the property owner(s) fail(s) to comply within sixty (60) days, Council orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 5. 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 6. 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 22nd day of February 22"d, 2005. - Mayor Evelyn M. Lord -