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HomeMy WebLinkAboutPACKET MAR 22 2005 VOW City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 22, 2005 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Ward McCurtain would be appointed to the Community Development Advisory Committee. The term would commence March 22, 2005 and expire March 21, 2007. (Councilmember Andrew Cokinos) Charles D. Cox would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire November 4, 2006. (Mayor Evelyn M. Lord) John Johnson would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire June 22, 2006. (Mayor Pro Tern Becky Ames) A) Authorize the City Manager to apply for and receive funding in the amount of$177,747 through the Byrne Memorial Justice Assistance Grant program and to execute inter-local agreements with Jefferson County and Port Arthur B) Authorize the City Manager to execute lease agreements for a Remote Transmitter/Receiver(RTR) facility at the Beaumont Municipal Airport C) Approve the purchase of one (1) Hazardous Material Identification System for use by the Fire Department D) Approve the sale of City-owned surplus property E) Authorize the settlement of the claims of Mark Lane brought in the lawsuit styled Penni Simonson, et al v. The City of Beaumont F) Authorize the settlement of the claims brought in the lawsuit styled Douglas Manning, Individually and as Parent and Natural Guardian of Brittany Manning, a Minor v. The City of Beaumont G) Approve an ordinance eliminating several boards, commissions and other appointed committees A ..... City of Beaumont LIM" Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 8, 2005 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive funding in the amount of$177,747 through the Byrne Memorial Justice Assistance Grant program and to execute inter-local agreements with Jefferson County and Port Arthur. RECOMMENDATION: Administration recommends authorizing the City Manager to apply for and receive funding in the amount of$177,747 through the Byrne Memorial Justice Assistance Grant program and to execute inter-local agreements with Jefferson County and Port Arthur in order to reallocate Grant funds to Jefferson County, in the amount of$26,662 and Port Arthur in the amount of$38,571. BACKGROUND: The Local Law Enforcement Block Grant has been replaced by the Byrne Memorial Justice Assistance Grant program. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, a joint application must be filed and the agencies must agree to funding allocations prior to application for funding. BUDGETARY IMPACT: An additional$112,514 for law enforcement equipment and programs. Replaces funding usually received through the Local Law Enforcement Block Grant program. PREVIOUS ACTION: None SUBSEQUENT ACTION: None RECOMMENDED BY: City Manager and Chief of Police B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 15, 2005 REQUESTED ACTION: Council authorize the City Manager to execute lease agreements for a Remote Transmitter/Receiver (RTR) facility at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends authorizing the City Manager to execute two agreements with the Federal Aviation Administration(FAA) for continued occupancy and leasing property at the City's municipal airport. BACKGROUND The City and FAA originally entered into an agreement in 1980 to provide approximately 111 square feet of floor space in the terminal building and a 70' x 70'plot of land to operate a thirty (30) foot guyed tower. The tower serves as a transmission device for the Single Frequency Outlet(SFO)and Back-Up Emergency Communication (BUEC) equipment. Pilots departing from the municipal airport can speak directly to the Jefferson County Airport tower prior to taking offthrough the SFO system. BUEC equipment allows area air traffic to speak to the Houston Air Traffic Center in the event of a power failure at other area communication points. All of the systems are maintained and operated by the FAA for the general aviation public. The lease agreement for the RTR facility expires in September 2005. The FAA wants to renew the lease in the form of two agreements. A supplemental agreement is proposed to lease space within the terminal building for placement and operation of the transmitting and receiving equipment. A new lease agreement will provide for the land site of the RTR tower. Both agreements have a term of ten (10) years, with FAA options to renew on an annual basis Federal Aviation Administration Lease Agreement March 22, 2005 Page 2 thereafter. As consideration for the lease, the FAA agrees to pay $971.25 per year in quarterly payments. Payments will remain the same if any extension is exercised. A copy of each agreement is attached for your detailed review. BUDGETARY IMPACT FAA agrees to pay an annual fee of$971.25. Funds are deposited into the Municipal Airport Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Internal Services Director. Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas LEASE Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION and CITY OF BEAUMONT, TEXAS THIS LEASE is hereby entered into by THE CITY OF BEAUMONT, TEXAS whose address is P. O. Box hereinafter referred to as the Lessor and the UNITED STATES OF AMERICA,herein after referred to as the Government. This lease shall become effective when it is fully executed by all parties. The terms and provisions of this lease, and the conditions herein,bind the Lessor and the Lessor's administrators, successors and assigns: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES: The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, VIZ: REMOTE TRANSMITTER/RECEIVER(RTR) SITE A parcel of land 70'x 70' for the purpose of maintaining and operating a thirty-foot (30) guyed steel tower and associated power and communication cables located adjacent to the airport terminal for said facility as shown on Drawing No. SW-D-9641, dated April 30, 1980, identified as Exhibit "A" attached hereto and made a part hereof. A. Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. B. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. C. And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased,which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government. 2. TERM: To have and to hold, for the term commencing on October 1, 2005 and continuing through September 30, 2015 inclusive. 3. CANCELLATION: The Government may terminate this lease, in whole or in part, if the Real Estate Contracting Officer(RECO) determines that a termination is in the best interest of the Government. The RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of the termination. The termination notice shall be delivered by registered mail,return receipt requested and mailed at least 30 days before the effective termination date. 4. CONSIDERATION: The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation, and maintenance of the facilities upon the premises hereby leased. 5. NON-RESTORATION: It is hereby agreed between the parties,that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 2 Lease No. DTFASW-05-00139 Remote Transmitter Receiver (RTR) Site Beaumont Municipal Airport Beaumont, Texas 6. INTERFERENCE WITH GOVERNMENT OPERATIONS: The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this lease unless consent hereto shall first be secured from the Government in writing. 7. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES: The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government's facilities will be at the expense of the Lessor, except when such improvements or changes are made at the written request of the Government. In the event such relocations,replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. 8. HAZARDOUS SUBSTANCE CONTAMINATION: The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 9. CONTINUOUS CLEARING OF LEASED FACILITY SITES/CRITICAL AREAS: The Lessor agrees to keep the areas around the Government's navigational aids mowed at all times to a height that weeds and vegetation will not be an obstruction to such operation or maintenance of these facilities. 10. QUIET ENJOYMENT: The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 3 Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas 11. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a municipalityfor the corporation's general benefit. 12. COVENANT AGAINST CONTINGENT FEES: The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this lease upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty,the Government shall have the right to annul this lease without liability or,in its discretion,to deduct from the lease consideration, or otherwise recover the full amount of the contingent fee. 13. ANTI-KICKBACK: The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act),prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or(3) including, directly or indirectly,the amount of any kickback in the contract price charged by a prime contractor to the United States or in the contract price charged by a subcontractor to a prime contractor or higher tier subcontractor. 14. CONTRACT DISPUTES: All contract disputes arising under or related to this contract shall be resolved under this clause, and through the Federal Aviation Administration(FAA) Office of Dispute Resolution for Acquisition(ODRA). Said disputes shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17,which are hereby inMunicipald by reference. Judicial review,where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a Lessor has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. A contract dispute shall be made in writing and signed by a Lessor or duly authorized representative of the Lessor and submitted to the Real Estate Contracting Officer,that it is disputed either as to liability or amount. Submission shall be within two years of the accrual of the contract claim involved. The Real Estate Contracting Officer's decision concerning the contract dispute shall be binding on the parties unless the Lessor appeals the matter to the FAA 4 Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas ODRA. The Real Estate Contracting Officer, upon request,will provide information relating to submitting a dispute. 15. SUBORDINATION,NONDISTURBANCE AND ATTORNMENT: The FAA agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subordination shall not interfere with any right of the Government under this lease. It is mutually agreed that this subordination shall be self-operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the FAA will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding.owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees,with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 16. NOTIFICATION OF CHANGE OF LAND TITLE: If the Lessor sells or otherwise conveys to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised premises,they shall immediately notify the Government, in writing, of any such transfer or conveyance affecting the demised premises within 30 calendar days after completion of the"change in property rights." Concurrent with the written notification,the Lessor shall provide the Government copies of the notification, the Lessor shall provide the Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 17. EXAMINATION OF RECORDS: The Comptroller General of the United States, the Administrator of the FAA, or a duly authorized representative from either shall, until 3 years after final payment under this contract have access to and the right to examine any of the Lessor's directly pertinent books, documents, paper, or other records involving transactions related to this contract. 5 Lease No. DTFASW-05-00139 Remote Transmitter Receiver(RTR) Site Beaumont Municipal Airport Beaumont, Texas 18. NOTICES: All notices/correspondence shall be in writing,reference the lease number, and be addressed as follows: TO LESSOR: City of Beaumont, Texas P. O. Box 3827 Beaumont, TX 77704 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Property and Services Branch, ASW-54 Fort Worth, Texas 76193 IN WITNESS WHEREOF, the parties hereto have signed their names. CITY OF BEAUMONT, TEXAS BY: DATE: TITLE: THE UNITED STATES OF AMERICA BY: ' DATE: Doug as G. Stocfdard TITLE: CONTRACTING OFFICER 6 DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION FORT WORTH,TEXAS 76193 Supplemental Agreement No.1 Lease DTFA07-96-L-01041 Beaumont RTR/BUEC Facility Beaumont Municipal Airport Beaumont, Texas SUPPLEMENTAL AGREEMENT NO. 1 THIS SUPPLEMENTAL AGREEMENT,made and entered into this day of ,2005,by and between THE CITY OF BEAUMONT,whose address is P. O. Box 3827, Beaumont,TX 77704, for their administrators, and assigns, hereinafter referred to as the Lessor, and the UNITED STATES OF AMERICA, represented by the Federal Aviation Administration,hereinafter referred to as the Government, WITNESSETH, That: WHEREAS, on the 6th day of June, 1995, the parties hereto entered into Lease DTFA07- 96-L-01041 for the consideration and purposes more particularly stated in said lease; and, WHEREAS, this lease expires by its terms on September 30, 2005, and the Government has an operational requirement to extend the lease term for an additional 10 years; and, WHEREAS, the Government requires omitting the land site from the current lease by deleting reference to 70' x 70' plot of land and addressing the land site separately in Lease No. DTFASW-05-L-00139, and, WHEREAS, the Government requires deleting reference to the BUEC facility, which was removed; and, WHEREAS, the Lessor agrees to extend the term of Lease No. DTFA07-96-L-01041 for an additional 10 year period beginning October 1, 2005, and ending September 30, 2015, and, WHEREAS, The Lessor agrees to omit the 70' x 70'plot of land from this lease, and, NOW THEREFORE, effective October 1, 2005, the parties hereto amend the basic lease in the following particulars only, VIZ: a. The Premises description of Article 1 is to be deleted in its entirety and the following substituted therefore: 1. The Lessor hereby leases to the Government the following described premises: Approximately 111 square feet of the floor space, identified as Room 102 situated in the Beaumont Municipal Airport Building as more particularly shown on Exhibit "A" attached hereto and made a part hereof. Supplemental Agreement No. 1 Lease DTFA07-96-L-01041 Beaumont RTR Facility Beaumont Municipal Airport Beaumont, Texas b. Article 10 of the Lease is deleted in its entirety and the following is substituted therefore: 10. RENEWAL OPTION: This lease may, at the option of the Government,be renewed from year to year at the annual rate of Nine Hundred Seventy-one and 25/100 dollars ($971.25),payable at the rate of Two Hundred Forty-two and 81/100 dollars ($242.81),per Government quarter in arrears, and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one(1)year unless the Government gives the Lessor thirty(30) days'written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED,that no renewal thereof shall extend this the period of occupancy of the premises beyond the 30th day of September 2015,AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment of rentals. c. Article 13. TOWER AND CABLE SITE, is deleted in its entirety. ALL OTHER TERMS AND CONDITIONS of the basic lease are hereby ratified and except as amended hereinabove shall be and remain the same. IN.WITNESS WHEREOF, the parties hereto have subscribed their names as of the date first above written. THE CITY OF BEAUMONT UNITED STATES OF AMERICA By: By: Douglas G. Stoddard Title: Title: Contracting Officer c City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 10, 2005 REQUESTED ACTION: Council approval of the purchase of one (1) Hazardous Material Identification System. RECOMMENDATION Administration recommends the purchase of one(1)Hazardous Material Identification(HazMatID) System through the Houston-Galveston Area Council (H-GAC) cooperative purchasing program. BACKGROUND The HazMatID System will be used by the Fire Department to identify potentially toxic solids, liquids, and powders. The system is a portable, self-contained infra-red spectrometer with an integrated computer that uses a single drop of liquid, a few grains of powder, or a small piece of a solid substance to identify hazardous materials. The unit instantly compares chemical and physical properties of the unknown substance against information in an onboard database to provide an identity. The system includes database libraries for substances such as nerve and blister agents,toxic industrial chemicals, white powders, explosives, and other toxic chemicals and substances. The contracted vendor is Smith's Detection of Danbury,Connecticut. The cost of the unit,including the H-GAC administrative fee of$939.75 is $63,589.75. The standard one (1) year warranty for parts and labor is included. Delivery of the unit will be within 90 days. BUDGETARYIMPACT Funds are available for this purchase from the State Homeland Security Program sub-grant. Purchase of HazMatID System March 10, 2005 Page 2 PREVIOUS ACTION City Council previously approved an agreement between the City and the Texas Engineering Extension Service (TEEX) initiating a contract to utilize the State Homeland Security sub-grant. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director, and Fire Chief. D V.1 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 15, 2005 REQUESTED ACTION: Council approval of the sale of City-owned surplus property. RECOMMENDATION Administration recommends the sale of five (5) parcels of City-owned surplus property to Larry J. Gouthia in the amount of$943 and one(1)parcel to James and Christine Hunt in the amount of$100. BACKGROUND Bids were received for the sale of City-owned surplus property originally obtained for neighborhood revitalization. The legal description of each parcel is listed below: Address: 770 Devilleneuve Legal: City Plat K, D. Brown A-5, Tract 111 Zoning: RS -Residential Acreage: 0.104 acres Address: 780 Devilleneuve Legal: City Plat K, D. Brown A-5, Tract 8 Zoning: RS -Residential Acreage: 0.104 acres Address: 805 Devilleneuve Legal: City Plat K, D. Brown A-5, Tract 86 Zoning: RS -Residential Acreage: 0.190 acres Sale of Surplus Property March 15, 2005 Page 2 Address: 885 Devilleneuve Legal: City Plat K, D. Brown A-5, Tract 79 Zoning: RS -Residential Acreage: 0.104 acres Address: Brooklyn and Devilleneuve Legal: Charlton-Pollard#6 Lot 1, Block 1 Zoning: RS -Residential Acreage: 0.215 acres Address: 895 Devilleneuve Legal: City Plat F, D. Brown A-5, Tract 129 out of Tract 79 Zoning: RS -Residential Acreage: 0.041 acres The bids received for each parcel are listed below: Bidder Name Larry Gouthia James and Christine Hunt 770 Devilleneuve $183.00 $100.00 780 Devilleneuve $183.00 $150.00 805 Devilleneuve $273.00 NB 885 Devilleneuve $199.00 $150.00 Brooklyn&Devilleneuve $105.00 NB 895 Devilleneuve $51.00 $100.00 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 l SUBJECT EM ET SALE OF SURPLUS PROPERTY M z z I BUF❑RD R❑ AL L� Z RAIL = � CUNIFF r -1 wS EW 0 ~ l.- IR A < H f J AM = p FA >- w JAC S N WELL" C SC A f ¢ S HW RN R C3 PARCEL # 185 �R W < DE Z CZ �z VILDENEU p RED RICK ❑V RN CD N � U w ARY z ¢ � GRA LA N v ICY ON FLO ERs p J SHED BRAD EY Q Q rsTAN�04�❑R ERX Q— ❑RTE TAG 770 DEVILLENEUVE D❑U CITY PLAT F, D. BROWN A-5 IVA o Y w } 2 J TRACT 111 Y z AR4 BEL A N p p w Q VAN BUF EN -' Q = w a FULT❑ = (4 B RTS -j S Ry LEE LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY �T DE VILLENEUVE 40' ::I 0.104 ACRES - 40' N.T.S. C:\Eddie\Parks\surplus property sale\property sale 2003.dwg,185,11/1120041:36:53 PM EXHIBIT B j SUBJECT EM ET x SALE OF SURPLUS PROPERTY LA GH M z Z BUF❑RD R❑ AL CUNIFF > w ui S FEW RAIG - = w w IR A d H M K ' ~ AM = FA } L JAC S N P WELL J S HW RN R J PARCEL # 177 ER z ¢ SC 0 Zz R VILL*EU �0 Q IL RED RICK V RN C❑ N AR z > GRAN L A S N z IL EICY > z SHERMAN FLO ERS ° J B AD EY <9 OR ERA Q— PORTERTAGO 780 DEVILLENEUVE STREET Z J oQ a- BUR CITY PLAT F, D. BROWN A-5 VA > s AN ° �w ° D❑U TRACT 8 Y �, MADI ON x J z AR BEL A Q w ¢ VAN BU EN ¢ _ui a FULT❑ _ LOCATION MAP LEGEND ' N.T.S. SUBJECT PROPERTY DE VILLENEUVE 40' /0.1104/ ACRES 40' I N.T.S. C:\Eddie\ParWsurplus property sale\property sale 2003.dwg.177.1111120041:35:40 PM EXHIBIT C I SUBJECT EM ET Lo SALE OF SURPLUS PROPERTY LA GH M Z z BUFORD z R❑ AL x CUNIFF > n w S EWA RAIG � - w w IRMA < H J ~LAM =UK 0 FA r w JAC S N P❑WELL J S HW RN R J PARCEL # 183 �R z Q sc? z R VILLiku rYZO w off or RED RICK M G V RN I ❑ N u ARY z > GRAN LA N z EICY p j ow_ z SHERMAN F ERS o J BRAD EY 805 DEVILLENEUVE STREET Z " ❑R ER �— ❑RTE TBUR CITY PLAT F, D. BROWN A-5 A J s ANT❑ �W w D❑} E TRACT 86 r MA DI ON Y � J Y Z AR BEL A o D a w Q o VAN BU EN Q = a a. FULT❑ _ � J LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY x 54' ACRES/"2 54' DE VILLENEUVE N.T.S. C:lEddWParkslsurplus property salelpropeny sale 2003.dwg,183,111112004 1:36:24 PM EXHIBIT D SUBJECT M ET x SALE OF SURPLUS PROPERTY A GH M Z z BUF❑RD z ❑ AL 0 CUNIFF >- ° w S EWAR AIG w A a- SH M AM R = A r w JAC S N WELL J � Z HW RN R 0 PARCEL # 182 R z Q Sc AJZ DE Z � Z o V ILLENO �0 ¢ RED RICK M G❑ RN INC N IY v ARY ¢ GRANT LA S N Z EICY j z SHERMAN FL❑ ERS o BRAD EY ¢ Q OR ER Y ¢— PORT E TAG❑RE 885 DEVILLENEUVE z o w BURT CITY PLAT F, D. BROWN A-5 >' s AN ❑ �w o D❑U ET TRACT 79 MADI ON Y J Z AR¢ BED A 0 VAN BU EN J Q Li F v w ¢ w FULT❑ _ J LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY x z z 54.5' o w m r,.-, //0.104 u' ACRES o o 45' DE VILLENEUVE l N.T.S. C:1EddielParkslsurplus property salelproperty sale 2003.dwg,182,11/112004 1:36:13 PM EXHIBIT E SUBJECT M ET SALE OF SURPLUS PROPERTY A GH M z Z BuF❑RD Z ❑ AL v> CUNIFF r or RAIL :D J S FEWAR Li RMA < Ha ~ K -� ~ AM R = 0 A > W JAC S N P HW RN R -J R z z SC A 11E w L Z ¢ �z �o VILDENEU 0'0 PARCEL # 62 0- � Q RED RICK MARY G❑ RN INC N W j U GRANT LA N z a- EICY pa F ERS o J E�BRAD EY ¢ Q ❑R ER Y ¢ ❑RTE TAG❑R BURT BROOKLYN AND DEVILLENEUVE ' S AN ❑ ow D ET CHRLTON POLLARD #6 A >- MA DI ON ° Y LOT 1, BLOCK 1 ¢ z AR BED A VAN BU EN Q = W H (� ¢ FULT❑ _ J RTS ¢ LEE S RY LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY 1 x DE VILLENEUVE 68.19' ti 0.215 ACRES � r U*)- o N �4 b M M LINCOLN LINCOLN N.T.S. C:\Eddie\Parkslsurplus property sale\property sale 2003.dwg,52,1111/2004 1:33:04 PM EXHIBIT F SUBJECT s M ET SALE OF SURPLUS PROPERTY A GH M z z z BUF❑RD ❑ AL CUNIFF >- ° _ wS EWAR A . RA H ~ K W ~LAM R = A > w JAC S N ❑WELL J S HW RN R J PARCEL # 188 R Z � sc� A Jz DE z L W < zz ,-.o VILLENIt Qf O W RED RICK G❑ RN IN N U AR ¢ GRANT LAWS N EIcY = - w z SHERMAN FLp ERs o -j �BRAD EY 895 DEVILLENEUVE ® BROOKLYN z � ❑R ERo �— RTE TBURRT CITY PLAT F, D. BROWN A-5 > s AN ❑ �w D❑U ET Li TRACT 129 OUT OF TRACT 79 MADI ON Y Y z AR BEL A o a z Q VAN BU EN ' ¢ _ LJ Q FULT❑ _ LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY x z J O 3 0' cy- m 0.041 o ACRES o •o •o 3 0' DE VILLENEUVE N.T.S. C:\Eddie\Parkslsurpl S property salelproperty sale 2003.dwg,188,11/l/20041:37:26 PM E Cit y of Beaumont U9 Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joe Sanders, Senior Assistant City Attorney MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 17, 2005 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claims of Mark Lane brought in the lawsuit styled Penni Simonson, et al v. The City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claims of Mark Lane brought in the lawsuit styled Penni Simonson, et al v. The City of Beaumont, for the sum of$10,000. BACKGROUND Council discussed this lawsuit in an Executive Session held on February 22, 2005. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay the sums above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. G:\RMW\Lawsuits.jps\StephensSimonson\HG EN DAltemResolutionMarkLane032205.wpd RESOLUTION NO. WHEREAS, the claims of Mark Lane, were discussed in an Executive Session properly called and held Tuesday, February 22, 2005; and, WHEREAS, the Council desires to authorize the settlement of the claims of Mark Lane in the lawsuit styled Penni Simonson, et al v. The City of Beaumont; 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 claims of Mark Lane in the lawsuit styled Penni Simonson, et al v. The City of Beaumont for the sum of $10,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2005. - Mayor Evelyn M. Lord - G:\RM VALawsuits.j ps\StephensSimonson\AGENDAltemResolutionMarkLane032205.wpd C W City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joe Sanders, Senior Assistant City Attorney MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 17, 2005 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claims brought in the lawsuit styled Douglas Manning, Individually and as Parent and Natural Guardian of Brittany Manning, a Minor v. The City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claims brought in the lawsuit styled Douglas Manning, Individually and as Parent and Natural Guardian of Brittany Manning, a Minor v. The City of Beaumont in the sum of$215,000. BACKGROUND Council discussed this lawsuit in an Executive Session held on November 9, 2004. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay the sums above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. G:1RMW\Lawsuits.jps\StephensSimonson�AG E N DAItemResolution BrittanyDouglasManni ng032205.wpd RESOLUTION NO. WHEREAS, the claims of Douglas Manning, Individually and as Parent and Natural Guardian of Brittany Manning, a Minor, were discussed in an Executive Session properly called and held November 9, 2004; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Douglas Manning, Individually and as Parent and Natural Guardian of Brittany Manning, a Minor v. The City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Douglas Manning, Individually and as Parent and Natural Guardian of Brittany Manning, a Minor v. The City of Beaumont for the sum of $215,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2005. - Mayor Evelyn M. Lord - G:\RM W l lawsuits.jps\StephensSimonson\AGENDAltemResolutionBrittanyDouglasManning032205.wpd G Cit y of Beaumont U9 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 18, 2005 REQUESTED ACTION: Council consider an ordinance eliminating several boards, commissions and other appointed committees. RECOMMENDATION Administration recommends the elimination of the Airport Advisory Committee, Senior Citizens Advisory Commission, Sister City Commission, Transit Advisory Committee and the Reinvestment Zone No. 1 Board of Directors. BACKGROUND The staff has conducted a comprehensive review of all of the boards and commissions of the City of Beaumont. This review was made for the purpose of determining whether these boards were operating within the parameters of their enacting ordinances. Section 2-53 of the code of ordinances is a general provision that establishes the procedures concerning appointments, terms, attendance, qualification and duties of the boards and commissions. This section controls unless the specific ordinance creating the particular board or commissions is in conflict. In those instances the specific ordinances will prevail. During this review there were some discrepancies found that have since been rectified. It was also discovered during the course of the review that several boards have not met in quite a while and its members terms have long ago expired. The responsibilities of these boards are being handled by yet other boards and or staff. One board has expired by the terms of its creating resolution. This seems to suggest that several boards are no longer needed. It is the recommendation of staff that the following Boards and/or commissions be eliminated: Airport Advisory Committee, Senior Citizen Advisory Commission, Sister City Commission, Transit Advisory Committee, and the Reinvestment Zone No. 1 Board of Directors. The recommended elimination of these boards is by no means a comment as to the service of the board members who willingly gave of their time to the City. It is just that these particular boards are no longer effective in their operation and have become more of a burden than a benefit to its members and the City. BUDGETARYIMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and City Attorney ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2; ARTICLE III, REPEALING SECTIONS 2-28; 2-30; 2-51; AND AMENDING CHAPTER 28, ARTICLE I, REPEALING SECTION 28-7 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT PERTAINING TO THE ELIMINATION OF THE AIRPORT ADVISORY COMMITTEE, SENIOR CITIZEN ADVISORY COMMISSION, SISTER CITY COMMISSION; TRANSIT ADVISORY COMMITTEE, AND THE REINVESTMENT ZONE NO. 1 BOARD OF DIRECTORS; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 2, Article III, Sections 2-28; 2-30; 2-51 and Chapter 28, Article 1, Section 28-7of the Code of Ordinances of the City of Beaumont be and the same are hereby repealed. Section 2. That the Reinvestment Zone No. 1 Board of Directors created by Ordinance 82-132 be and it is hereby dissolved. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to. be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2005. - Mayor Evelyn M. Lord - VAr City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 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 1-10/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing eminent domain proceedings to acquire property at Willow Street and McFaddin Avenue [825 McFaddin] for the future site of the Convention and Visitors Bureau 2. Consider approving the purchase of a fire truck 3. Consider authorizing the City Manager to accept improvements to Sprott Park, Central Park and Rogers Park and authorize final payment 4. Consider approving a one (1) year contract for the purchase of ready mix concrete and cement stabilized base 5. Consider approving a contract for the purchase, installation and related training of a Customer Service Utility Billing System, including a module for online payments 6. Consider approving a contract for arterial litter removal 7. Consider approving a new solid waste collection and transportation service franchise to Arrow Waste, Inc. 8. Consider approving a new solid waste collection and transportation service franchise to Triangle Waste Solutions, LLC 9. Consider approving an ordinance, in accordance with Subchapter W of Chapter 361 of the Texas Health and Safety Code, establishing a Municipal Setting Designation for all property located within the corporate City limits WORKSESSION * Review proposed procedures to identify structures, which have been tagged as a dangerous structure, as having historical significance and providing time frames for their repair and/or rehabilitation 10. Consider approving an ordinance establishing procedures to identify structures, which have been tagged as a dangerous structure, as having historical significance and providing time frames for their repair and/or rehabilitation 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: Douglas Manning, et al v City of Beaumont Cardinal Glass Company v The City of Beaumont Jeffco Plumbing Co., Inc. v City of Beaumont and City of Beaumont dba Tyrrell Park Stables 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 March 22, 2005 Consider authorizing eminent domain proceedings to acquire property at Willow Street and McFaddin Avenue [825 McFaddin] for the future site of the Convention and Visitors Bureau I 10~1 City of Beaumont •N• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: March 22, 2005 AGENDA MEMO DATE: February 17, 2005 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire property at Willow Street and McFaddin Avenue [825 McFaddin] for the future site of the Convention and Visitors Bureau. RECOMMENDATION The property, which is located at 825 McFaddin Street and is described as being a 1597 x 75.75' x 159.7' x 76.8' tract of land out of Tract 2, Block 4 in the Fuller Keith Addition, is to be used for the construction of a new Convention and Visitors Bureau Office Building. The administration recommends authorization to acquire the property by eminent domain. BACKGROUND The City Council on November 16, 2004, authorized the purchase of the property located at 825 McFaddin Street for a negotiated value of$5,000. This property is to be used as the future site of the Beaumont Convention and Visitors Bureau. It has since been discovered that the property is encumbered with abstracts of judgment and other liens which exceed the $5,000 offered. The property owner, Fidelity National Title Insurance Company, cannot provide clear insurable title to the property without paying off these encumbrances. This cannot be accomplished at the$5,000 amount offered. As a result, the property owner has not accepted the $5,000 offered for this property. Eminent domain would allow the City to include the owner and any lien holder in the proceeding and provide an opportunity to acquire good and sufficient title to the land, which title can be secured by a policy of title insurance. BUDGETARY IMPACT The cost of this parcel is funded under the General Improvement Fund. PREVIOUS ACTION Resolution No. 04-271. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. engcvb-ed-ib 17 February 2005 K- 1 LL, 67 5 67 8 11U 72.8' 72.8 `:. �6 Qom,J 14 /54 J a �9 3 TQI '4 /5� i to (/00 8_ 5 Mc FA DIN ,� - -- - - TR. r ; j0 J-� A V E Fa...ory r+ -A /00.7 nth 115 $5' e9' - /00.6 .> > /9 1 \P4 t5l 04 6.•300 n4 S 300 of to l 9 � �57 o f, L� 740.3 l .3 � TQ.ro r 10 22 ° $� CALDER AV /15 . 3 2//.5 �' e9' ! 59.-r' too' 50 •, d5 50 45' 1 61 J/5-'7 75 475 14751 63 �8 I 7 6___1–_ff --•. O 20 22 24� m26 P9 ' P9 m Q ly Q7 s d7 63 Jr /8. 75 5/ 4 0' CNlJRL7/. o, 60 d,9 /D // lP.: "r g/9 2/ Z3 �p b d5 50 1 5, '55',`l 139. 7 51 X 7.5 ?5 158 - �1O 53- 5' .:y EXHIBIT '"A" 2 March 22,2005 Consider approving the purchase of a fire truck lug ity of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 18, 2005 REQUESTED ACTION: Council consider the purchase of a 75 ft. aerial fire truck. RECOMMENDATION Administration recommends the purchase of a seventy-five (75) ft. aerial ladder truck for the Fire Department through the Houston-Galveston Area Council(H-GAC)in the amount of$621,623. BACKGROUND H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the state of Texas procurement statutes. The price of the truck includes an H-GAC administrative fee of$2,000. The aerial truck specified includes a 1,500 gallon per minute pump for pumping water and foam, a 500 gallon water tank, a thirty(30)gallon foam tank, a 75 ft. telescoping ladder, a 1,000 gallon per minute multidirectional remote controlled monitor nozzle and seven(7)ground ladders ranging in size from ten(10)to thirty-five(3 5)ft. The multi functional Pierce Dash,eight(8)man cab,tandem axle, fire apparatus serves as a pumper and aerial truck. This truck will replace two trucks currently in service at Fire Station No. 5 located at 6375 Walden Road. Delivery of the truck will be in approximately nine (9) to twelve (12) months. The various components are warranted for specified time periods which are as follow: Aerial Structural Device 20 years or 100,000 miles Cab/Body Corrosion 10 years or100,000 miles Water Tank Lifetime Engine& Transmission 5 years or 100,000 miles Purchase of Fire Truck March 16, 2005 Page 2 All warranty service will be provided by Martin Apparatus and Equipment Company of Houston. The Pierce Dash custom chassis will accommodate up to eight(8)with six-position SCBA seating. Its shorter wheelbase of 220 inches and updated independent front-end suspension provides greater maneuverability and a sharper turning radius on small city streets. As referenced above, this unit will replace units at Fire Station No. 5;Unit 7073, a 1985 American LaFrance pumper and Unit 7041, a 1979 American LaFrance aerial truck. These trucks will replace an older truck currently in reserve and one (1) at Fire Station No. 9. BUDGETARY IMPACT Funds will be provided through a five (5) year financing agreement that will be awarded at a later date. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director and Fire Chief. 3 March 22, 2005 Consider authorizing the City Manager to accept improvements to Sprott Park, Central Park and Rogers Park and authorize final payment City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 9, 2005 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept the Improvements to Sprott Park, Central Park and Rogers Park and authorize final payment in the amount of$9,004.65. RECOMMENDATION Administration recommends final payment to Bruce's General Construction, Inc. and acceptance of the Improvements to Sprott Park, Central Park, and Rogers Park. BACKGROUND On April 27, 2004, City Council awarded a contract to Bruce's General Construction, Inc. for the following amenities: aquatic playground equipment and sidewalk repair and/or replacement in the amount of$184,313. Change Order No. 1 decreased the contract to $178,313 and Change Order No. 2 increased the contract to $180,093. The MBE participation in the performance of the contract totals 100% of the final contract amount due to the contractor being a Historically Underutilized Business (HUB) as certified by the State of Texas. A copy of the HUB certificate is attached. The project has been inspected by the Engineering Division and found to be completed in accordance with the provisions and terms set out in the contract. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director SPROTTFINAL 03/09/2005 20:47 409-8668245 BRUCES GEN CONSTRUCT PAGE 01 Historically Underutilized Business Certification and Compliance Program Ce) The Texas Building & Procurement Commission (TBPC), hereby certifies that BRUCE'S GENERAL CONSTRUCTION, INC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Certification and Compliance Program to be recognized as a HUB. This certificate, printed 2D-SEP-2003, supersedes any registration and certificate previously issued by the TBPC's HUB Certification and Compliance Program. If there are any changes regarding the information(i.e., business structure, ownership, day-to-day management, operational control, addresses, phone and fax numbers or authorized signatures) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the TBPC's HUB program in writing. The Commission reserves the right to conduct a compliance review at any time to confirm HUB eligibility. 'HUB certification may be suspended or revoked upon findings of ineligibility. CertificateMD Number: 1760527292500 Paul A. Gibson File/Vendor Number: 33559 HUB Certification &Compliance Supervisor Approval Date: 19-SEP-2003 Texas Building&Procurement Commission Expiration Date: 19-SEP-2007 (512) 305-9071 Note: In order for State agencies and institutions of higher education (universities)to be credited for utilizing this business as a HUB, they must award payment under the Certificate/V{D Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet(http://www.tbpc.state.tx,us)or by contacting the TBPC's HUB Certification and Compliance Program at(888)863-5881 or(5 12)463.5872. � � L City of Beaumont certifies that BRUCE'S GENERAL CONSTRUCTION, INC. meets all the criteria established by the City of Beaumont, and thereby is duly registered as a Minorioy Disadvantaged Business Enterprise, to do business with the City of Beaumont and its agents as such. This certification is valid for such time as ownership remains consistent with information provided by said business at time of application. �? March 18, 2005 Andrea S. Deaton Certification Date 4 March 22, 2005 Consider approving a one (1)year contract for the purchase of ready mix concrete and cement stabilized base City of Beaumont W.-!.-J- f Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 15, 2004 REQUESTED ACTION: Council approval of a one(1)year contract for the purchase of ready mix concrete and cement stabilized base. RECOMMENDATION Administration recommends award of a one (1) year contract for purchasing ready mix concrete to Quality Concrete and Materials of Beaumont, and to Transit Mix Concrete of Beaumont for purchasing cement stabilized base, at the prices highlighted in the attached bid tabulation. BACKGROUND The contract specifies that the successful bidders shall provide approximately 1,300 cubic yards of ready mix concrete and 5,000 tons of cement stabilized base at fixed unit costs for one (1) year from the date of award. The material will be used by both the Water Utilities and Public Works Departments. Ready mix concrete pricing was requested for both delivery to job site, with subsequent additional charges per occurrence for deliveries of less than 5 cubic yards, and for City pickup of material at the plant site. Depending upon the application, the departments may need a different texture concrete than the 3,000 PSI with 1" aggregate specified in the bid. Bidders have included an addition or deduction amount per sack for finer or coarser concrete, respectively. Six (6) vendors were notified with three (3) submitting bids as reflected in the attached bid tabulation. Annual Contract for Ready Mix Concrete and Cement Stabilized Base March 15, 2005 Page 2 BUDGETARY IMPACT The approximate expenditure anticipated for the contract term is $180,000. Funds are available for this expenditure in the departments' respective operating budgets. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director, Public Works Director, and Water Utilities Director. ANNUAL CONTRACT FOR READY MIX CONCRETE AND CEMENT STABILIZED BASE Bid#RF0205-16 Vendor Transit Mix Concrete APAC Quality Concrete Beaumont,TX Beaumont,TX Beaumont,TX SECTION I-READY MIX CONCRETE 3,000 PSI-jobsite delivery (900 yds.) $64.00/cu.yd. No bid $60.00/cu.yd. Add/deduct per sack $4.00/sack No bid $4.00/sack Delivery charge- 1/4 to 2 cu.ydload,per $75.00 No bid $75.00 occurrence(est. 60 occurrences) Delivery charge-2-1/4 to 4-3/4 cu.yd. load,per $75.00 No bid $75.00 occurrence(est. 90 occurrences) 3,000 PSI-City pickup at plant (400 yds.) $60.00/cu.yd. No bid $50.00/cu.yd. Total Bid Amount-SECTION I $92,850.00 No bid $85,250.00 SECTION II - CEMENT STABILIZED BASE Portland cement treated base $19.50/ton $25.00/ton 23.50/ton Plant location 1250 Florida Ave. 860 Pine St. 6025 Highland Beaumont,TX Beaumont, TX Beaumont, TX 5 March 22,2005 Consider approving a contract for the purchase, installation and related training of a Customer Service Utility Billing System, including a module for online payments 11��7917J City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 18, 2005 REQUESTED ACTION: Consider contracting with SunGard HTE, Inc. (HTE) for the purchase, installation and related training of a Customer Service Utility Billing System, including a module for online payments. RECOMMENDATION Administration recommends authorization of such contract with a proposed cost of$152,705. Annual maintenance costs will be $10,510. BACKGROUND The current system is a custom written application purchased in 1990 and is no longer supported by the vendor. The level of support that was being provided by the vendor become so poor that the contract with the company was terminated. The current system is not a code driven system and does not provide adequate editing capabilities for authorized customer service staff. It does, however, require much support from Information Services' staff. The software does not allow for any expansion of the system and it does not allow for on line payments, which are very much in demand. The interface into the financial system is cumbersome and inadequate,thereby,causing many manual processes to reconcile. At this time,there are 23 enhancement requests from water customer service that the current system is not capable of providing. HTE provides a broad range of innovative software solutions to more than 2,200 government offices, agencies and utility companies throughout North America. Founded in 1981 and headquartered in Lake Mary, Florida, HTE was purchased by SunGard in March, 2003. The company's products address the wireless computing requirements of a rapidly changing public sector market and support the end-to-end delivery of e-government access to citizens and businesses. Selected in 1990 as the City's primary financial software vendor, SunGard HTE currently provides numerous modules including Government Management and Budgetary Accounting (GMBA), Purchasing/Inventory, Payroll, Fixed Assets,Accounts Receivable,Cash Receipts,and others. The new HTE Municipal Court Software Module will have the ability to interface with the existing financial software and eliminate numerous manual processes currently being performed. It will also provide additional internal controls related to cash receipts and disbursements at Cash Management and Customer Service. SunGard HTE is considered a sole source procurement due to their intricate interfaces with current software modules and the existing hardware and software investments. BUDGETARYIMPACT Total costs of this enhancement is anticipated to be $152,705. Total annual maintenance for this enhancement will be $10,510. Funds are available in the Water Utilities Fund to cover these costs. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. SOFTWARE HTE Customer Service Software Utility Billing Software $39,650 Handheld Meter Reader Interface $ 2,400 Click2Gov Customer Service Module $10,500 Installation and Configuration Payment Activation and Click2Gov $ 2,560 Training $33,600 Project Services $18,000 Data Conversion $32,500 HTE 10!4) Discount per N1 Sparro v 3i14105 Good 1hru 031f31,05 5,255j Travel Estimated Not to Exceed $ 8,750 SL�?K,�� Misc. Hardware and Software Police Mobile Computer Interface and , PERZIP, Group One, bar coding modifications Potential Software Modifications From Water $10,000 Annual Maintenance $10,510 6 March 22, 2005 Consider approving a contract for arterial litter removal City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 10, 2005 REQUESTED ACTION: Council consider award of a contract for arterial litter removal. RECOMMENDATION Administration recommends the award of an annual contract to Beaumont Products and Services, Inc. for furnishing litter removal services on arterial street rights-of-way and other specific areas at a rate of$12.09 per person, per hour worked. BACKGROUND Beaumont Products and Services, Inc. (BPS) is defined as a private not-for-profit state certified workshop. State certified workshops encourage and assist disabled persons to achieve maximum personal independence by engaging in useful and productive activities. Job programs are designed for disabled individuals and marketed throughout the community. The State exempts political subdivisions from competitive bidding requirements when contracting with a certified workshop. BPS has been furnishing bi-weekly litter removal services on specific arterial streets since 1987. In 1996, the contract was changed to provide litter removal services on a pay per hour worked basis. This method allows staff to select the area in which litter removal services are of greatest need and assign the contractor to that area. BPS provides a crew of four (4) collection personnel and one (1) supervisor/driver, five (5) days per week, excluding City holidays. BPS will be paid $12.09 per hour, per person worked. This cost includes all labor, transportation, equipment, insurance, and litter disposal fees. The hourly rate provides the City with the option of using the crews only when and where needed. Contract for Arterial Litter Removal March 10, 2005 Page 2 The hourly price of$12.09 reflects a 2% increase above the previous hourly rate of$11.85 which was effective for the past three (3) years. BPS requested the increase to cover rising fuel costs. During the past twelve months,BPS has worked nearly 9,500 labor hours,removing approximately 1,570 cubic yards of litter, at a total cost of$108,876.25. BUDGETARY IMPACT Funds are available in the Clean Community Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director, and Public Works Director. 7 March 22,2005 Consider approving a new solid waste collection and transportation service franchise to Arrow Waste, Inc. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 9, 2005 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to Arrow Waste, Inc. BACKGROUND According to City ordinances, a franchise agreement is required prior to a firm conducting business within the City limits. Five (5) firms currently have nonexclusive franchise agreements with the City and are doing business in this area. Arrow Waste has requested that the City grant the company a franchise agreement for collection, hauling and transportation garbage or refuse from locations in the City, and the disposal of such material in accordance with applicable laws. Arrow Waste was formed in 2001 by Juan DeAanda. Prior to forming this company, Mr. DeAanda owned Custom Waste of Houston from 1981 to 1996, when he sold it to Sanifill Industries (Waste Management), due to illness in his family. After his Non-Compete status expired in 2001, Mr. DeAanda formed Arrow Waste. The company is headquartered in Houston, Texas, where it currently operates 12 trucks and employs 23 people. In 2003 the company formed an additional waste disposal business known as Capitol City Disposal of Austin which currently operates five trucks and employs seven people. Both companies, Capitol City Disposal and Arrow Waste, are 100% minority owned and operated. Arrow Waste anticipates operating 10-12 trucks in our area over the next five years with approximately 15 employees. Solid Waste Transportation and Collection Services Franchise Agreement March 22, 2005 Page 2 The requested franchise agreement is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. The term is extended on a month-to-month basis after the expiration of the initial term. The Agreement also requires the firm to indemnify the City and provide insurance which names the City of Beaumont as a named insured. Franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty(30)days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final meeting. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the successful firm. Attached is a copy of the franchise agreement for your review. BUDGETARY IMPACT A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Internal Services Director. C\DOCUmenls and SeitingsWrcnea\My Docume—WPWCSUg--ts\PRANCIV ISE AGRMNTSW—W-6Ag"Itemrcq—Img franchiseag—t-Arrow Was-pd ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ARROW WASTE, INC. WHEREAS, ARROW WASTE, INC. (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Arrow Waste, Inc. the right and privilege to operate and maintain within the City a solid waste collection and transportation service(the "service"). For purposes of this franchise, the term "solid waste collection and transportation service"shall mean the regular business of collection, hauling ortransporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations underthis franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents,servants or employees,and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars($500,000.00)peroccurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Arrow Waste, Inc. P. O. Box 30210 Houston, TX 77249 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 22nd day of March, 2005. - Mayor Evelyn M. Lord - PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2005. - Mayor Evelyn M. Lord - PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2005. - Mayor Evelyn M. Lord - ACCEPTANCE: TRIANGLE WASTE SOLUTIONS, LLC By: Greg Gabriele, Vice President 8 March 22, 2005 Consider approving a new solid waste collection and transportation service franchise to Triangle Waste Solutions, LLC V~ Cat of Beaumont rialf Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 9, 2005 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to Triangle Waste Solutions, LLC. BACKGROUND According to City ordinances, a franchise agreement is required prior to a firm conducting business within the City limits. Five (5) firms currently have nonexclusive franchise agreements with the City and are doing business in this area. One of those firms, American Waste Services, LTD, sold their solid waste collection division to Triangle Waste, effective January 14, 2005. Triangle Waste Solutions has requested that the City grant the company a franchise agreement for collection, hauling and transportation garbage or refuse from locations in the City, and the disposal of such material in accordance with applicable laws. Triangle Waste Solutions was formed in October 2003 by a private investor. Even though it is a relatively new company, the entire employee base was generated from other companies in the same line of work in our community. As a result, the company proudly boasts employee veterans in the industry with over 60 years of "on the job" experience. In addition, the company's equipment is all new and of the latest technology. Corporate headquarters for Triangle Waste is located in Nederland,Texas. Twenty percent(20%) of the company is minority owned, and the company has a 40% minority employee base. Initially the company will operate one truck and at least two employees in the area, and anticipates Solid Waste Transportation and Collection Services Franchise Agreement March 22, 2005 Page 2 increasing its client base to require additional trucks and employees in the future. The requested franchise agreement is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. The term is extended on a month-to-month basis after the expiration of the initial term. The Agreement also requires the firm to indemnify the City and provide insurance which names the City of Beaumont as a named insured. Franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30)days from the first reading. The ordinance does not take effect until sixty(60) days after its adoption on the third and final meeting. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the successful firm. Attached is a copy of the franchise agreement for your review. BUDGETARY IMPACT A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Internal Services Director. C:\Dxumenls and Sebings\brend1Wy Docume—W PDGCS\Agee,—TRANCH ISE AGRMNTSIT wgi,W—So o...NV,&Item requesting franchise a8--T6angle W.1—pd ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO TRIANGLE WASTE SOLUTIONS, LLC WHEREAS,TRIANGLE WASTE SOLUTIONS, LLC(the"Company")has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Triangle Waste Solutions, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service(the"service"). For purposes of this franchise, the term "solid waste collection and transportation service"shall mean the regular business of collection, hauling ortransporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT(7%) of the gross revenues received for service in the previous month as payment forthe use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents,servants or employees,and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars($500,000.00)per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material, and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state,and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or rig ht-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Triangle Waste Solutions, LLC P. O. Box 1714 Nederland, TX 77627 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 22nd day of March, 2005. - Mayor Evelyn M. Lord - PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2005. - Mayor Evelyn M. Lord - PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2005. - Mayor Evelyn M. Lord - ACCEPTANCE: TRIANGLE WASTE SOLUTIONS, LLC By: Greg Gabriele, Vice President 9 March 22, 2005 Consider approving an ordinance, in accordance with Subchapter W of Chapter 361 of the Texas Health and Safety Code, establishing a Municipal Setting Designation for all property located within the corporate City limits City of Beaumont •�• Council A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 14, 2005 REQUESTED ACTION: Council adopt an ordinance, in accordance with Subchapter W to Chapter 361 of the Texas Health and Safety Code, establishing a Municipal Setting Designation for all property located within the corporate City limits. RECOMMENDATION Administration recommends adoption of an ordinance, in accordance with Subchapter W to Chapter 361 of the Texas Health and Safety Code, establishing a Municipal Setting Designation for all property located within the corporate City limits. BACKGROUND The City was recently contacted by Neches Street Properties, LLC requesting a Municipal Setting Designation(MSD)for the property located at 1110 Neches Street. The facility at this location and some immediately surrounding area have a shallow groundwater contamination plume present. Natural attenuation(cleanup by naturally occurring processes) of the contaminants is in evidence and additional engineered clean-up activities are currently being proposed to the Texas Commission on Environmental Quality (TCEQ) to expedite further clean up of the site. The Neches Street Properties has entered into the TCEQ's Voluntary Cleanup Program. The purpose of the MSD is to allow properties located within a municipality to limit the scope of or eliminate the need for investigation or response action by addressing contaminant impact to groundwater that has been restricted from use as potable water by ordinance. Although the City has an ordinance requiring connection to the City's water system if service is provided within three hundred feet of the property, this is not sufficient to meet the requirements in Chapter 361, Subchapter W of the Texas Health and Safety Code. The designation as an MSD will require all properties located within the corporate City limits to connect to the City's water system and will prohibit the installation of water wells to be used for potable water sources. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Water Utilities Director NechesStreetPropertiesMSD.wpd March 14,2005 ORDINANCE NO. ENTITLED AN ORDINANCE ESTABLISHING ALL PROPERTIES WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF BEAUMONT AS A MUNICIPAL SETTING DESIGNATION AND PROHIBITING THE USE OF DESIGNATED GROUNDWATER FROM BENEATH THIS PROPERTY AS POTABLE WATER. WHEREAS, the City of Beaumont is a municipal corporation of the State of Texas, with a population of at least 20,000; and, WHEREAS, the public drinking water supply system that exists within the corporate limits of the City of Beaumont, satisfies the requirements of Chapter 341 of the Texas Health and Safety Code and supplies or is capable of supplying safe and sanitary drinking water to property within the city limits of the City of Beaumont and to property within one- half (Y2) mile of the property within the city limits of the City of Beaumont; and, WHEREAS, the City of Beaumont requires all property owners owning property within the city which is within 300 feet of a city sanitary sewer or water line to be connected to the city sanitary sewer or water line; and, WHEREAS, the City desires to establish within its corporate limits a municipal setting designation for all property located within the city limits and prohibit the use of designated groundwater from beneath all property within the City of Beaumont as potable water. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT all property located within the corporate city limits of the City of Beaumont be established as a municipal setting designation; and, BE IT FURTHER ORDAINED that the use of designated ground water from beneath all property within the corporate limits of the City of Beaumont as potable water is hereby prohibited. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2005. - Mayor Evelyn M. Lord - 10 March 22, 2005 Consider approving an ordinance establishing procedures to identify structures, which have been tagged as a dangerous structure, as having historical significance and providing time frames for their repair and/or rehabilitation Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 22, 2005 AGENDA MEMO DATE: March 14, 2005 REQUESTED ACTION: Council consider an ordinance establishing procedures to identify structures, which have been tagged as a dangerous structure, as having historical significance and providing time frames for their repair and/or rehabilitation. RECOMMENDATION Administration recommends approval of an ordinance establishing procedures to identify structures, which have been tagged as a dangerous structure, as having historical significance and providing time frames for their repair and/or rehabilitation. BACKGROUND During the February 22, 2005 City Council meeting, a public hearing was held to provide citizens an opportunity to address Council regarding structures that had been tagged as dangerous structures. One of the citizens that addressed Council indicated he was restoring a "historical structure" to its original condition. Additionally, he stated, in order to complete the restoration, it was necessary to have many of the construction items, such as siding, molding, etc., custom made in order to match the materials used when the structure was originally constructed. Based on the anticipated time to complete a full restoration of the structure, the property owner was requesting more time than is typically provided for other tagged structures. It should be noted that although this particular structure was constructed in the early 1900's, no official historical designation has been given to the structure. In an attempt to address this structure and similar type structures in the future, City Council requested staff to prepare procedures and criteria to identify tagged dangerous structures that may have historical significance. Enclosed are the proposed procedures and criteria to identify potential historical structures and the time frame established for repairs and/or rehabilitation. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager and Building Official. HistoricalDesignationDangersousStructures.wpd March 14,2005 HISTORICAL DESIGNATION OF DANGEROUS/DILAPIDATED STRUCTURES Structures that have been tagged as a dangerous or dilapidated structure, which may be of historical significance, shall be provided additional time for repairs and/or restoration. In order to qualify under the historical structure requirement, the structure must meet one of the following criteria. Criteria: 1. Existing or proposed recognition as a National Historic Landmark, or Texas Historic Landmark, or entry, or proposed entry into the National Register of Historic Places. 2. Identification as the work of a designer, architect or builder whose work has influenced the growth or development of the City. 3. Embodiment of elements of architectural design, detail, materials or craftsmanship which represents a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period. The determination if a structure meets Criteria 2 or 3 shall be determined by the Historic Landmark Commission. The process for obtaining a historical designation will include the submittal of an application to the Planning Division. An application for an amendment to the Zoning Ordinance shall also be submitted with the historical designation application. A letter to be included with the application shall provide the necessary documentation that supports at least one of the above criteria. Additional information may be submitted or requested by the City that may be appropriate to support or verify the historical designation. The property owner of a tagged structure that meets one or more of these criteria will be provided one year to substantially complete repairs, as currently defined by the City, and one additional year to obtain a Certificate of Occupancy (CO). If either one of these time frames is not met, the structure may be razed. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 14, SECTION 14-52 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD SECTION 14-52(8) TO IDENTIFY STRUCTURES WHICH HAVE BEEN TAGGED AS A DANGEROUS STRUCTURE AS HAVING HISTORICAL SIGNIFICANCE AND PROVIDING TIME FRAMES FOR THEIR REPAIR AND/OR REHABILITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 14,Section 14-52 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add Section 14-52(8) to identify structures which have been tagged as a dangerous structure as having historical significance and providing time frames for their repair and/or rehabilitation. Sec. 14-52. Standard for repair, removal or demolition. (8) Structures that have been tagged as a dangerous or dilapidated structure, which may be of historical significance, shall be provided reasonable time for repairs and/or restoration. In order to qualify under the historical structure requirement, the structure must meet one of the following criteria: (a) Existing or proposed recognition as a National Historic Landmark, or Texas Historic Landmark, or entry, or proposed entry into the National Register of Historic Places. (b) Identification as the work of a designer, architect or builder whose work has influenced the growth or development of the City. (c) Embodiment of elements of architectural design, detail, materials or craftsmanship which represents a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period. The determination if a structure meets Criteria (b) or(c) shall be determined by the Historic Landmark Commission. The process for obtaining a historical designation will include the submittal of an application to the Planning Division. An application for an amendment to the Zoning Ordinance shall also be submitted with the historical designation application. A letter to be included with the application shall provide the necessary documentation that supports at least one of the above criteria. Additional information may be submitted or requested by the City that may be appropriate to support or verify the historical designation. The property owner of a tagged structure that meets one or more of these criteria will be provided one year to substantially complete repairs, as currently defined by the City, and one additional year to obtain a Certificate of Occupancy (CO). If either one of these time frames is not met, the structure may be razed. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, orthe application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That 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. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of March, 2005. - Mayor Evelyn M. Lord -