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Home My WebLink AboutPACKET MAR 07 2006 qw- • ' : C City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 7,2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a resolution to allow Hibernia National Bank to pledge a security as collateral for City accounts held at the Federal Reserve Bank, effective February 27, 2006 B) Authorize the City Manager to apply for and receive funding through the Byrne Memorial Justice Assistance Grant Program and to execute an inter-local agreement with the City of Port Arthur, Texas and Jefferson County, Texas in order to reallocate Justice Assistance Grant funds to the City of Port Arthur, Texas and Jefferson County, Texas • A City of Beaumont 117L3j-j Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: March 7, 2006 AGENDA MEMO DATE: March 1, 2006 REQUESTED ACTION: Council consider a resolution to allow Hibernia National Bank to pledge the following security as collateral for City accounts which is held at the Federal Reserve Bank, effective February 27, 2006. Cusip No. Description Face Value Market Value PLEDGE: 313597MZX4 FNMA, Due 07/03/08 $1,100,000.00 $1,096,147.80 RECOMMENDATION The administration requests approval of a resolution to pledge the above listed security covering City deposits at Hibernia National Bank. BACKGROUND The City of Beaumont maintained uncollected ledger balances at Hibernia National Bank in the amount of$3,881,495.84 on February 28,2006. After pledging the above security,the market value of pledged collateral totals$6,246,220.54 and along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. BUDGETARYIMPACT None. PREVIOUS ACTION Council approved a pledge of collateral by Hibernia National Bank on January 9, 2006. SUBSEQUENT ACTION Subsequent Council action will be requested to pledge or release additional collateral when appropriate. RECOMMENDED BY City Manager, Chief Financial Officer and Treasurer. MAR-01-2006 WED 02:42 PM HIBERNIA BANK PORTFOLIO FAX NO. 504 533 2132 F, 01 9HIBEW01A February 27, 2006 BEAUMONT, CITY OF P O BOX 3827 BEAUMONT, TX 77043-82'i Dear Ms. Kandy Dar.iel : This letter is to nform you of additional collateral which is being placed i-.to yl:: r account at the Federal Reserve Bank, FV09 ABA #0650000:0. Your new collateri3 is as follows: $1, 100, 000 . 00 FN,1A 5. 0% 07/03/2008 31359MZX4 MV= 1, 096 , 147 . 87 TOTAL MARKET VALUE IS 1, 096, 147 . 30 Your receipt : from the Federal Reserve Bank should be reaching you shortly. ncerely BECKY VE LION BANK PORTFOLIO (gz) HIBERNIA NATIONAL BANK • PO;;I OFFICI 130X 61540 • NEW ORLEANS, LOVISIANA 70161.1540 304.533-3;33 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the pledge by Hibernia National Bank of the. following security as collateral for City accounts which will be held at the Federal Reserve Bank, Atlanta, effective February 27, 2006. Cusip No. Description Face Value Market Value PLEDGE: 313597MZX4 FNMA, Due 07/03/08 $1,100,000.00 $1,096,147.80 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2006. - Mayor Guy N. Goodson - B lug I City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: March 7, 2006 AGENDA MEMO DATE: February 24, 2006 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive funding in the amount of $102,130 through the Byrne Memorial Justice Assistance Grant Program. RECOMMENDATION The Administration recommends approval of authorizing the City Manager to apply for and receive funding in the amount of$102,130 through the Byrne Memorial Justice Assistance Grant Program and to execute an inter-local agreement with the City of Port Arthur, Texas, and Jefferson County, Texas in order to reallocate Justice Assistance Grant funds to the City of Port Arthur, Texas in the amount of$22,445 and Jefferson County, Texas in the amount of$15,320. 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 $64,365 for law enforcement equipment and programs. Replaces funding usually received through the Local Law Enforcement Block Grant Program. PREVIOUS ACTION Resolution 06-064 was approved on February 21, 2006. This item amends resolution 06-064 to include funding for the City of Port Arthur. SUBSEQUENT ACTION None. RECOMMENDED BY Frank C. Coffin, Jr., Chief of Police. RESOLUTION NO. WHEREAS, Resolution 06-064 authorized the City Manager to apply for funding through the Byrne Memorial Justice Assistance Grant Program in the amount of$75,724; and WHEREAS, the intent was to request authorization to apply for grant funding in the amount of$102,130 through the Byrne Memorial Justice Assistance Grant Program; and WHEREAS, authorization is necessary to not only execute an interlocal agreement with Jefferson County for the reallocation, but also with the City of Port Arthur. The reallocation to Jefferson County should be in the amount of$15,320 and the reallocation to the City of Port Arthur in the amount of$22,445; and WHEREAS, it is necessary to amend Resolution 06-064 to reflect the requested changes in funding application and reallocation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution 06-064 be amended to authorize the City Manager to apply for and receive funding in the amount of$102,130 through the Byrne Memorial Justice Assistance Grant Program. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute interlocal agreements with Jefferson County,Texas, and the City of Port Arthur, Texas, in order to reallocate Justice Assistance Grant funds to Jefferson County in the amount of $15,320 and to the City of Port Arthur, Texas, in the amount of $22,445. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7t'day of March, 2006. - Mayor Guy N. Goodson - IN~ �ttt City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 7,2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a zone change from RS (Residential Single Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow an insurance office at 3336 S. Major Drive 2. Consider approving a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial)District for the property at 1695 Milam 3. Consider approving a zone change from RS (Residential Single Family Dwelling) to RM-H(Residential Multiple Family Dwelling-Highest Density)District and a specific use permit to allow employee parking for the Social Security office in an RM-H District at 3430 and 3440 Anderson Lane 4. Consider approving a specific use permit to allow an interior design office and caregiver education classes in an RCR(Residential Conservation and Revitalization)District at 2325 Liberty 5. Consider approving a contract for grounds maintenance of M.L.K. Parkway 6. Consider approving the purchase of three (3)truck cab and chassis through the Houston-Galveston Area Council • 7. Consider approving a contract for arterial litter removal 8. Consider approving a request from the South East Texas Hurricane Rita Recovery Coalition to provide lobbying assistance at the federal and state level through the Bracewell& Giuliani Law Firm and the Ben Barnes Group 9. Consider approving a resolution authorizing payment to Placo Ltd, for lighting and signal equipment delivered to the construction site but not yet installed 10. PUBLIC HEARING: Concerning the termination of the Franchise granted to Eastex Waste Systems, Inc. Consider an ordinance repealing Ordinance No. 91-48 granting a franchise to Eastex Waste Systems, Inc. to operate a solid waste collection and transportation service in the City of Beaumont 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: In re Petition filed by Center Point Energy Entex for Review of the City of Beaumont, Crockett, et al Municipal Rate Decision and Request for Declaratory Order; GUD No. 9632 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 March 7, 2006 Consider approving a zone change from RS (Residential Single Family Dwelling)to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow an insurance office at 3336 S. Major Drive City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 7, 2006 AGENDA MEMO DATE: February 28, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow an 0 insurance office at 3336 S. Major Drive. RECOMMENDATION The Administration recommends denial of a zone change from RS (Residential Single Family Dwelling)to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow an insurance office at 3336 S. Major Drive. BACKGROUND Tracey Lumpkin,owner of Lumpkin's Insurance, is requesting a zone change from RS (Residential Single Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow an insurance office in an existing residential structure at 3336 S. Major Drive. Ms. Lumpkin states that Lumpkin's Insurance sells and services life,health and employee benefits insurance. Office hours will be from 8:30 a.m. to 4:30 p.m., Monday- Friday. There will be two employees working on premise. Walk-in traffic will probably not exceed four persons per month. Ms. Lumpkin is an outside sales representative who goes to other business owners and works with their employees on the job site. A 6' tall, 32 sq. ft. sign will be placed in the front yard. Ms. Lumpkin is requesting a zone change to GC-MD-2. Properties to the north, south and west are zoned RS. Properties to the east, across Major, are zoned GC-MD. Single family residential uses occupy the properties to the north and south. The Comprehensive Plan designates this area as a Neighborhood Growth Unit. The neighborhood growth unit concept designates commercial uses at the intersections of major thoroughfares. A district commercial center is designated at the corner of Major and Walden. The subject property is approximately 675' north of this intersection. GC-MD zoning is located on three of the four corners of that intersection (southwest corner is outside the city limits), as well as along approximately 1,400' of the east side of Major Drive. Along the west side of Major Drive, for a distance of approximately 3,200', residential uses and RS zoning exist. The Planning Manager is concerned about the encroachment of commercial zoning into the existing residential neighborhood and the effects this zoning would have on the residential uses. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 27, 2006, the Planning Commission's motion to approve the zone change from RS to GC-MD-2 District and a specific use permit to allow an insurance office at 3336 S. Major Drive failed 3:4. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR THE PROPERTY LOCATED AT 3336 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)Districtforthe property located at 3336 S. Major Drive, being Lot 9, Block 3, South Amelia Addition, City of Beaumont, Jefferson County, Texas, containing 0.339 acres, more or less, as shown on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if an section subsection sentence,ce, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City f Beaumont this the 7th day of March Y Y 2006. - Mayor Guy N. Goodson - File 1795-7JP: Request for a zone change from RS (Residential Single Family NORTH , Dwelling) to GC-XD-2 (General Commercial-Multiple Family Dwelling-2) District or more restrictive district and a specific use permit to allow an insurance office. FEW Location: 3336 S. Major Drive SCALE Applicant: Tracey Lumpkin 1"=200' t' M its f ` it M ~ • �� 1/ ! It R.S El b' p a , O F 4 1 M WC • pp C 1 � Y J EXHIBIT `A' , u f ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN INSURANCE OFFICE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT LOCATED AT 3336 S. MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council forthe City of Beaumont desires to issue a specific use permit to Tracey Lumpkin, owner of Lumpkin's Insurance, to allow an insurance office in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 3336 S. Major Drive, being Lot 9, Block 3, South Amelia Addition, City of Beaumont, Jefferson County, Texas, containing 0.339 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS,the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow an insurance office in a GC-MD-2 *General Commercial- Multiple Family Dwelling-2) District located at 3336 S. Major Drive, being Lot 9, Block 3, South Amelia Addition, City of Beaumont, Jefferson County, Texas, containing 0.339 acres, more or less, as shown on Exhibit "A" and made a part hereof for all purposes, is hereby granted to Tracey Lumpkin, his legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the-7`h day of March, 2006. - Mayor Guy N. Goodson - 4WFile 1795-T/P: Request for a zone change from RS (Residential Single Family NORTH . Dwelling) to GC-M)3-2 (General Commercial-Multiple Family Dwelling-2) District or j more restrictive district and a specific use permit to allow an insurance office. • rE^�. Location: 3336 S. Major Drive SCALE Applicant: Tracey Lumpkin 1"=200' \ a w rw .LL, R-S UBJECT v t a y , Y f EXHIBIT `A' , X1'17 U t--IY3-j VI r , Roll- ------- -11 k96 -- _ -- _ a I : Y i • I -. -- --, -- — - --J `-rte + 1; v I :-- -- �- - t - - V r IZ ^ f r T t � < � - . -- ---• �---'-- —a -- - - -- — - --- - � 56 - -- ----- -- Exhibit "B,t 2 March 7, 2006 Consider approving a zone change from RS (Residential Single Family Dwelling)to NC (Neighborhood Commercial)District for the property at 1695 Milam City of Beaumont - - • Council Agenda Item R g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 7, 2006 AGENDA MEMO DATE: February 28, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)to NC(Neighborhood Commercial)District for the property at 1695 Milam. RECOMMENDATION The Administration recommends approval of a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District for the property at 1695 Milam. BACKGROUND Alfred Briscoe,the property owner,is requesting a zone change from RS(Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District for his property located at 1695 Milam. Mr.Briscoe states that he and his wife are renovating this residential structure for use as their home. However,they would now like to explore possible business ventures for the property, as well. One of their ideas for the house is to use it for occasional weddings and receptions. Mrs. Briscoe is a professional chef and would like to do some catering. The house is very large and will be expensive to maintain. The Briscoes are hoping that to be able to bring in some cash flow will enable them to maintain this historic home. The majority of this block is zoned NC. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 27, 2006, the Planning Commission voted 5:2 to approve the zone change from RS(Residential Single Family Dwelling)to NC(Neighborhood Commercial) District for the property at 1695 Milam. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR THE PROPERTY LOCATED AT 1695 MILAM, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to NC(Neighborhood Commercial) District for the property located at 1695 Milam, being Lots 31-33, Block 3, Blanchette One Addition, City of Beaumont, Jefferson County, Texas, containing 0.51 acres, more or less, as shown on Exhibit"A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7"day of March, 2006. - Mayor Guy N. Goodson - File 1810-Z: Request for a zone change from RS (Residential Single Family Dwelling) NORTH i OC to NC (Neighborhood Commercial) District or more restrictive district. / Location: 1695 Milam ,►,D Applicant: Alfred Briscoe SCALE ►�°� I 111=200' '� • v t•• , c+ • !• 0 .• ►s► �,. i, •� ;� �i � 'tit, , •� , 6 • `� s `` to/ •t �, .�� t 96 As Job do� r y + ♦ , � � 1 • ELF• ' • . � •' • � r AN + l� ` • IL + • ''� + EXHIBIT `A' 3 March 7, 2006 Consider approving a zone change from RS (Residential Single Family Dwelling)to RM-H (Residential Multiple Family Dwelling-Highest Density) District and a specific use permit to allow employee parking for the Social Security office in an RM-H District at 3430 and 3440 Anderson Lane A.. City of Beaumont Council Agenda Item 0121, 0 g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 7, 2006 AGENDA MEMO DATE: February 28, 2006 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density)District and a specific use permit to allow employee parking for the Social Security office in an RM-H District at 3430 and 3440 Anderson Lane. RECOMMENDATION The Administration recommends approval of a zone change from RS (Residential Single Family Dwelling)to RM-H(Residential Multiple Family Dwelling-Highest Density)District and a specific use permit to allow employee parking for the Social Security office in an RM-H District at 3430 and 3440 Anderson Lane, with the requirement that landscaping be placed along the entire length of the south property line and along the south 75' of the east property line. BACKGROUND The Social Security Administration is expanding its office on Eastex Freeway. As a result of this expansion,it needs additional employee parking. The Social Security Administration would like to construct the needed parking at 3430 and 3440 Anderson Street. The subject property is located across the street from its current headquarters. The new parking lot would provide parking for 36 vehicles. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 27, 2006, the Planning Commission voted 7:0 to approve a zone change from RS to RM-H District and a specific use permit to allow employee parking for the Social Security office in an RM-H District at 3430 and 3440 Anderson Lane, with the requirement that landscaping be placed along the entire length of the south property line and along the south 75' of the east property line. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. DAVID W. E. CABELL REAL ESTATE INVESTMENTS Box 7173 Tobe Hahn Station Phone: 409-898-0575 Beaumont, Texas 77726 Fax: 409-866-9554 January 19, 2006 Planning Commission and City Council City of Beaumont Re: Application for Amendment of Zoning Ordinance Lot No. 76 Tracts 1 & 2, Block 9 French Heights Contact: David W. E. Cabell Box 7173 Beaumont, Texas 77726 898-0575; Fax: 866-9554 Email: dave @cabells.com To Whom It May Concern: The proposed use of the property at 3430 and 3440 Anderson Lane is to provide employee parking for the Social Security Office. This use will not adversely influence the residents nor the offices in this neighborhood The fencing and landscape buffer will prevent this use from interfering with the use or enjoyment of other property owners. The use of this property will have only a minimal effect on traffic because of the short distance to the feeder road for Eastex freeway and French Road. Also, the traffic from this parking lot will travel in the opposite direction relative to the residents who are leaving for work or returning home. Advantages of issuing a Zoning Change Permit for the above referenced property: The parking will be adjacent to the parking lot of the Autumn Cove Apartments. Also, the eight (8) foot privacy fence will shield the parking from the view of the adjacent properties. The surrounding property is fully developed. Since the property will provide parking, it will not greatly increase drainage nor will it require additional utilities. The entrance and exit to this property will be primarily for employees of the Social Security office. r . Since there is a short distance to French Road and/or the feeder road on Eastex Freeway, it is unlikely to adversely effect traffic. Also, traffic from the Social Security employees will be outbound at the time residents to the neighborhood are inbound. The paved parking lot and the usual car and light pickup trucks will have a minimal effect on fumes, dust, noise or vibration. The ease of entry to Anderson Lane and the short distance to French Road and the feeder road on Eastex Freeway will reduce the need for any directional lighting. The eight foot (8') privacy fence and the ten foot landscaping buffer between this property and the adjacent properties will tend to insure harmony and compatibility with adjacent property. The proposed use of the property is consistent with the adjacent parking lot for the Autumn Grove Apartments. Also, the property across the street .includes offices and a transmission repair shop. • I ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT FOR THE PROPERTY LOCATED AT 3430 AND 3440 ANDERSON LANE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to RM-H (Residential Multiple Family Dwelling - Highest Density) District for the property located at 3430 and 3440 Anderson Lane, being Lot 76, Tracts 1 and 2, Block 9, French Heights Addition, City of Beaumont, Jefferson County,Texas, containing 1.83 acres, more or less, as shown on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates an provision of this ordinance shall, upon conviction YP P , be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7"'day of March, 2006. - Mayor Guy N. Goodson - File 1812-Z/P: Request for a zone change from RS (Residential Single Family NORTH Dwelling)to RM-H(Residential Multiple Family Dwelling-Highest Density) District or - more restrictive district and a specific use permit to allow employee parldng for the Social Security office in an RM-H(Residential Multiple Family Dwelling-Highest SCALE ' Density)District. 111=200, •- _ . Location:.3430 and 3440 Anderson Lane Applicant: David Cabell a S R r 70 ♦ '. - `� .1.55 2p•� .. ° i of f VP :. p1 f• i v .-169 W _ 8 p O ;.` N _ ek Iro . W roo zoo 4 to . - �ff ff``��aa •:� x ".. `" � � •400. .. - •\ r.. `. 1' 9 1 �... ..� -N11 J7d.ro o O i soo ' . y EXHIBIT `A' # ' 0 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW EMPLOYEE PARKING IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT LOCATED AT 3430 AND 3440 ANDERSON LANE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to the Social Security Administration to allow employee parking in an RM-H (Residential Multiple Family Dwelling - Highest Density) District located at 3430 and 3440 Anderson Lane, being Lot 76, Tracts 1 and 2, Block 9, French Heights Addition, City of Beaumont, Jefferson County, Texas, containing 1.83 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow employee parking in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 3430 and 3440 Anderson Lane, being Lot 76, Tracts 1 and 2, Block 9, French Heights Addition, City of Beaumont, Jefferson County, Texas, containing 1.83 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to the Social Security Administration, its legal representatives, successors and assigns, subject to the following conditions: ow Landscaping shall be placed along the entire length of the south property line and along the south 75' of the east property line. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2006. - Mayor Guy N. Goodson - File 1812-Z/P: Request for a zone change from RS (Residential Single Family _ NORTH = y Dwelling)to RM-H(Residential Multiple Family Dwelling-Highest Density) District or more restrictive district and a specific use permit to allow employee parking for the A& Social Security office in an RM-H(Residential Multiple Family Dwelling-Highest SCALE ' Density) District. 1"=200' Location: 3430 and 3440 Anderson Lane , Applicant: David Cabell D 15q ,•,\ �r a ,.. s� � a ft 64 e :� /46.72 -h �`J��ys �.�. •� _ - 763 zi� V. ki t 74 0 Ill r -4 W roo rob ¢ .400 NO — / O ro i a` i7d.ro Tl R M --doo Y . ID EXHIBIT `A' �� a b Z _ _ PPOP!RTY LI ----- ---------- ------ V . 11 1111 Ul xm r- rT m O W b ro x LIJr * Approval with the requirement that landscaping be placed along the entire length of the south property line and along the south 75'of the east property line. 4 March 7, 2006 Consider approving a specific use permit to allow an interior design office and caregiver education classes in an RCR(Residential Conservation and Revitalization)District at 2325 Liberty 72JJ 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 7, 2006 AGENDA MEMO DATE': February 28, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow an interior design office and caregiver education classes in an RCR (Residential Conservation and Revitalization) District at 2325 Liberty. RECOMMENDATION The Administration recommends approval of a specific use permit to allow an interior design office and care-giver education classes in an RCR(Residential Conservation and Revitalization)District at 2325 Liberty. BACKGROUND Quality Care Services is requesting a specific use permit to allow an interior design office and caregiver education classes in an existing structure at 2325 Liberty. In March, 1998, the City Council approved a specific use permit to Quality Care Services, Inc. for it administrative offices at this location. Since that time, Quality Care Services has moved its administrative offices. With the company's expansion into other areas of senior citizen care, it would now like to locate the offices for its Easy Living Interiors and Personal Assistant School divisions at 2325 Liberty. Easy Living Interiors is a design firm that will specialize in downsizing, relocating and designing barrier free interiors,as well as other residential and commercial design projects. The firm will work with, but not be limited to, the senior citizen population. There will be one employee who will typically go out to the client's residence. Hours of operation will be from 10 a.m. - 3 p.m. Personal Assistant School will provide continuing education for caregivers. The school will employ the same person who handles the design firm. Hours of operation will be the same as those of the design firm. At a maximum, there will be 4-5 caregivers attending class at any one time. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held February 27, 2006, the Planning Commission voted 7:0 to approve a specific use permit to allow an interior design office and care-giver education classes in an RCR (Residential Conservation and Revitalization) District at 2325 Liberty. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN INTERIOR DESIGN OFFICE AND CAREGIVER EDUCATION CLASSES IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2325 LIBERTY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Quality Care Services to allow an interior design office and caregiver education classes in an RCR (Residential Conservation and Revitalization) District located at 2325 Liberty, being the north 2/3 of Lot 5 and all of Lot 6, Block 24, Averill 1 Addition, City of Beaumont, Jefferson County, Texas, containing 0.24 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS,the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow an interior design office and caregiver education classes in an RCR (Residential Conservation and Revitalization) District located at 2325 Liberty, being the north 2/3 of Lot 5 and all of Lot 6, Block 24, Averill 1 Addition, City of Beaumont, Jefferson County,Texas, containing 0.24 acres, more or less, as shown on Exhibit"A" and made a part hereof for all purposes, is hereby granted to Quality Care Services, its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7 I day of March, 2006. - Mayor Guy N. Goodson - a File 1811-P: Request for a specific use permit to allow an interior design office and NORTH caregiver education classes in an RCR(Residential Conservation and Revitalization) ♦ District. A& I Location: 2325 Liberty SCALE ' Applicant: Nancy Carlisle , 1"=200' ♦r rr a N y W s /, y ro ♦, ♦r tJ ♦• tJ eL ♦r so � � ♦� H. �K 1•Y CALDER AVE. .soft if io ss/ 50 ao J. ♦ r /� �J II I IV r/ u rJ !I ♦J !t or p M /! K /r g - » y ' t0 N 11 I, N ♦♦ ♦r� OR AO AY BROADWAY J9 so - - • _ - _ _ - so 52/ 3D f M it a If t r r U /r M �: F • r t J • J r / � v i � 2 .� tI � II /r /t /r /I I, l0 1' tr !! ♦I ♦! ♦r S - I 19/ 1 LIBERTY AVE. u so AO t r t 1 i 2 rr �l ,• a /P 10 N rl n r4 t, rI tr ♦I� '4 I♦ If n r7 to 90 t/ tt tl JI it tr LAUREL AVE. - - - so �� / uR c• _ so _ Aoo sa so, So r r Z r , 4 ! r r ! 4 J / � r r , /o ,/ nj fir. t ♦ � to u - 30 ,00 OU M SOUTH ST. T so F 0 -• ( J 4 EXHIBIT `A' - AO _ N 0 - SURVEY LEGEND 1'-----�`— VZJCTRIC LINE � CONCRJ= SURPLCCX Q A.C. ArficOxDI770Nwo UNIT =__ = Hoop FSXCE 4;PL=-PL— PIPELINE ® COVZArD ARSd •P.P. POUR POLY —��— CHAIN LTIJZ JPZNCE —7�—T— TELEPHONE LINE ROCX OR GRdVEL STREETLIGHT X— BARBED WM FENCE CLIENT: QUALITY C R . SITTER 4 .RVI.F. LOT 25 LOT 24 LOT 23 LOT 22 LOT 21 F 1• FOUND 5/8' ?, FOUND 5/8' 6 Q D40N ROD ON ROD CHAIN L `` 60.01' FENCE p PROPOSED -1 CHAIN LINX 8' 1r 00D FENCE FENCE. op ! • L p � SET 518' P 8'W60D LOT 6 . p 0 L 0 JRON ROD. FEXCEa SET 618. �f• 60.1 0, IRON ROD 2.99 + .:.••• CONC. A (5 3.06 7.70' .SLABr FENCE / METAL`BLDG. r ` ON SILTDS b ❑ LOT ..5 �u I 18.00 , �: .ta�;= LOT 7 � WaLar L1o:75' ' s fo 24.00 P.P` ^ ' A °o ASPIGLT S' DRIVE' r „s ct PARKING < ? 'I• ,,,, rooD F .a SCALE,"=30' FENCE f088 agft . BRICK .88 `t PORCH LANDSCAPE f' FOR BLOCX CORNS '.F}i,•�NNC o2 ,^ P0UND 5/8'. IRON ROD 47+�V CONC. '•• CPS ?�0 ..: •� FOUND 5/B' yA• 4' :,::::. IRON ROD WALK ,•S AL8IIAY <'� r`•'=._.' �` ♦ a • .iEi�."•if5 : ' COIVC.:W r' _ :•.,.::•.- --�1� —q- IR „:'':=.`s: "'''=:,; • c ) 5 CONC.1fAL1C FOUND 518' °!�`:j.. C. I ^N'RO - a•,-•.* 'SST 'Y' D70N ROD COXCP P' 1•,CONC.„y tCONC»rIIV CONC. WALK 2325 & 2335 LIBERTY AVENUE CifYOFB�AUMONT (60' RIGHT OF WAY) PLANNM WSION RECEIVED 279.96 aq.ft. LANDSCAPE AREA 2160.00 agft ASP T PAVEMENT AREA LANDSCAPZ•MIX LS 200 14-ft PER 40.00 sq.ft. V.8.LESS P•ARIUNG AREA IN rim-cm.OI` .. . BZAUMONT ZONING• ORDINANCE SECTION 30-31 (o) MAR g t�u7 A VARIANCE IS REQUESTED FOR SCREENING BUFFERS SECTION 30-31 (b) CAR STOPS COMPLY YffH SECTION 30-27 8 PAR'UNG COMPLTZS.WITH SECTION 30-27 7 TABLE HANDICAP COMPLIES WITH SECTION 30-27 11(c) Exhibit "B" 5 March 7, 2006 Consider approving a contract for grounds maintenance of M.L.K. Parkway ! ti f City of Beaumont WW_ M c g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: March 7, 2006 AGENDA MEMO DATE: February 28, 2006 REQUESTED ACTION: Council consider award of a contract for grounds maintenance of M.L.K. Parkway. RECOMMENDATION Administration recommends the award of a three (3) year contract to Garden of Gethsemane of Beaumont, Texas for furnishing all labor, equipment, materials, and supplies necessary for maintenance of the medians and rights-of-way along M.L.K. Parkway at a cost of$3,318.18 per mowing cycle. BACKGROUND Five(5)bids were received for furnishing all labor, equipment,supplies,and materials necessary to maintain medians and rights-of-way along M.L.K.Parkway.Bids were requested for a fourteen(14) day mowing cycle.Mowing cycles are scheduled bi-weekly during the growing season from March 1 to October 31,and monthly during the non-growing season from November 1 to February 28. The City retains the right to adjust the number of mowing cycles based on need, available funding, and prevailing weather conditions throughout the term of the contract. Maintenance begins at Kingsley Drive near Cardinal Drive and continues north of the IH10 intersection near Plum Street, a distance of approximately 4.9 miles The area consists of approximately 80.9 acres and excludes the area between Adams Street and Alabama Avenue which is maintained by Lamar University.The Contractor is responsible for mowing,edging,trimming,and litter removal prior to mowing. The City's Parks and Property Services division will be responsible for inspection and overseeing the contract. Maintenance of M.L.K. Parkway February 28,2006 Page 2 Bids were received as follow: Contractor Price per Cycle Estimated Annual Cost based on 22 Cycles Alamo Lawn Service, Beaumont, TX $3,300.00 $72,600.00 Garden of Gethsemane, Beaumont, TX $3,318.18 $72,999.96 Perfect Cut Lawn Care, Beaumont, TX $4,449.50 $97,889.00 Yardboy Lawncare, Beaumont, TX $4,500.00 $99,000.00 Lawn Specialties, Beaumont, TX $8,291.00 $182,402.00 The apparent low bidder,Alamo Lawn Service,is not recommended based on the company's failure to meet performance standards on previous City contracts. In addition, they did not provide references from any current contracts nor did they provide a sufficient work plan to properly perform the MLK Parkway contract. Garden of Gethsemane provided favorable references from other organizations for which they currently perform grounds maintenance services. Furthermore, they continue to meet performance standards on several of the City's grounds maintenance contracts as they have during the past several years. BUDGETARY IMPACT Funds are budgeted in the Parks and Property Services operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Internal Services Director. RESOLUTION NO. WHEREAS, bids were received for a three (3) year contract for grounds maintenance along M.L.K. Parkway; and, WHEREAS, Garden of Gethsemane of Beaumont, Texas, submitted a bid for furnishing all labor, equipment, materials, and supplies necessary for maintenance of the medians and rights-of-way along M.L.K. Parkway in the amount of$3,318.18 per mowing cycle; and, WHEREAS, City Council is of the opinion that the bid submitted by Garden of Gethsemane, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid in the amount of $3,318.18 per mowing cycle submitted by Garden of Gethsemane, Beaumont, Texas, for a three (3) year contract for grounds maintenance along M.L.K. Parkway be accepted by the City of Beaumont. BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute a three (3) year contract with Garden of Gethsemane in the amount of$3,318.18 per mowing cycle for grounds maintenance along M.L.K. Parkway. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2006. - Mayor Guy N. Goodson - 6 March 7, 2006 Consider approving the purchase of three (3)truck cab and chassis through the Houston- Galveston Area Council Is~I..ON City of Beaumont •�• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: March 7, 2006 AGENDA MEMO DATE: March 1, 2006 REQUESTED ACTION: Council approval to purchase three (3) truck cab and chassis through the Houston-Galveston Area Council. RECOMMENDATION Administration recommends the purchase of three (3) 2006 Ford cab and chassis through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. The cab and chassis will be ordered from Philpott Ford in Port Neches at a total cost of$93,175.57. BACKGROUND One (1) Ford F-450 cab and chassis will be purchased for the Public Works Department, to be subsequently equipped with a dump body for use in street repair. Two (2) Ford F-350 cab and chassis will be used by the Public Health Department for ambulance service, one (1) to be equipped with a new ambulance body, and one (1) to be mounted with an existing ambulance body. The cab and chassis are warranted for twenty-four months. Warranty service will be provided by the dealership. Delivery is expected within 150 days after receipt of order. The F-450 cab and chassis will replace Streets and Drainage unit 2268, a 1992 GMC 2500 with 93,012 miles. One (1) F-350 model will be an addition to the City fleet, and the other will replace Public Health unit 7130, a 1996 Ford F-350 with 159,645 miles. The replaced units will be disposed of according to the City's surplus goods policy. BUDGETARY IMPACT Funds for this expenditure are available in the Capital Reserve Fund. The total cost includes an H-GAC administration fee in the total amount of$1,000. Purchase of Four(4) Cab and Chassis March 1, 2006 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Public Health Director. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of three (3) 2006 Ford cabs and chassis through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program in the amount of$93,175.57. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2006. - Mayor Guy N. Goodson - i 7 March 7, 2006 Consider approving a contract for arterial litter removal i 0 City of Beaumont clqj C ouncil A enda Item � K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: March 7, 2006 AGENDA MEMO DATE: March 1, 2006 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$12.33 per person,per hour worked. The contract will be effective April 1, 2006. 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 $12.33 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. The hourly price of$12.33 reflects a 2% increase above the previous hourly rate of$12.09 which was effective since April 2005. BPS requested the increase to cover rising fuel costs. During the past twelve months,BPS has worked nearly 8,293 labor hours,removing approximately 1,436 cubic yards of litter, at a total cost of approximately $99,900. Contract for Arterial Litter Removal March 2, 2006 Page 2 BUDGETARY IMPACT Funds are available in the Code Enforcement Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Health Director. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual contract with Beaumont Products and Services, Inc. for furnishing litter removal services on arterial street rights-of-way and other specific areas at a rate of $12.33 per person per hour worked. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7t'day of March, 2006. - Mayor Guy N. Goodson - g March 7, 2006 Consider approving a request from the South East Texas Hurricane Rita Recovery Coalition to provide lobbying assistance at the federal and state level through the Bracewell & Giuliani Law Firm and the Ben Barnes Group City of Beaumont EL�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: March 7, 2006 MEETING DATE: March 1, 2006 REQUESTED ACTION: Council consider approving a request from the South East Texas Hurricane Rita Recovery Coalition in the amount of $50,000 to provide lobbying assistance at the federal and state level through the Bracewell& Giuliani Law Firm and the Ben Barnes Group BACKGROUND A letter from Chester Jourdan,on behalf of the South East Texas Hurricane Rita Recovery Coalition, is attached for your review. The request is for the City of Beaumont to join other cities,counties and perhaps private industries in Southeast Texas to retain lobbying assistance at the federal and state level through the Bracewell& Giuliani Law Firm and the Ben Barnes Group. An anonymous donor hired the Firms and paid for their services through January 2006 for Hurricane Rita recovery efforts. The letter states that the South East Texas Hurricane Rita Recovery Coalition is looking to raise enough funds to keep the above Firms engaged for the remainder of 2006 and all of 2007. However,the request is for the City of Beaumont to make a one-time payment of$50,000 for 2006. It is uncertain at this time what other entities are contributing and at what levels toward this effort or whether the City of Beaumont will be requested for additional funding for 2007. The Coalition is trying to retain the Firms for$40,000 per month. BUDGETARY IMPACT Funds were not budgeted for this purpose in the FY 2006 Budget. RECOMMENDATION The City of Beaumont is currently well represented in Washington, D.C. by Carolyn C. Chaney& Associates. More specifics, in my opinion, are needed from the South East Texas Hurricane Rita Recovery Coalition as to how the City of Beaumont will benefit from hiring additional lobbyists and what the scope of work entails. Another major concern is the possibility of the City of Beaumont funding $50,000, or any amount, and there being no other funding forthcoming from other parties in the near future thus leaving nothing to show for the City's contribution. 1 February 3, 2006 Mayor Guy Goodson Mayor, City of Beaumont PRESIDENT 801 Main Street BOBBY FRANKLIN County Commissioner Beaumont, TX 77701 Hardin County 1st VICE PRESIDENT Re: South East Texas Hurricane Rita Recovery Coalition JOHN DUBOSE County Commissioner Orange County Dear Mayor Goodson: 2nd VICE-PRESIDENT SUZANNE SIMMONS Over the last couple of months, there have been numerous newspaper articles, City of Sour Lake TV stories, press conferences, media releases, radio talk shows, task force City of Sour Lake 3rd VICE-PRESIDENT meetings, presentations, appropriation hearings, and committee reports on the JOE HOPKINS Hurricane Rita recovery and rebuilding efforts in South and Deep East Texas. It Mayor has been a Herculean effort by a large group of elected officials, community City of Vidor leaders, business representatives, faith-based organizations and others (hereafter TREASURE ALFRED referred to as the Coalition)to make sure that Hurricane Rita is not the"forgotten EVERETTE County Commissioner storm." A lot of the Coalition's attention has been focused on Austin, Texas and Jefferson County Washington, D.C. to get federal supplemental emergency appropriations (funds) SECRETARY for the region. To be honest, this has been a tremendous struggle, but we have City Councilwoman IE"PRINCE been fortunate to have the expertise of two groups working on our behalf: City Coundlwoman city of Port Arthur Bracewell & Giuliani, L.L.P. (Milam Mabry), 2000 K Street, N.W.,Washington, LEGAL COUNSEL D.C. 20006, and the Ben Barnes Group (Patsy Thomasson), 1215 191h Street, TROY NW, Washington, D.C. 20036 (both hereafter referred to as the Firms). at Law Attorney rney at Law Lumberton Prior to December, Hurricane Rita could not get"traction" in Washington, D.C.. It was not included in the Go Zone Bill and in the Hurricane Recovery Reallocation Package. Through the efforts of our local congressional delegation and with the expertise, knowledge and relationships of Bracewell & Giuliani and the Ben Barnes Group, Hurricane Rita victims were included and eligible for HB4440. Go EXECUTIVE DIRECTOR Zone Tax Relief, and included in the Presidents Hurricane Recovery Reallocation CHESTER R.JOURDAN,JR. Package. 2210 Eastex Freeway Beaumont,Texas 77703-4929 As you may be aware, for the months of December 2005 and January 2006 the. Telephone(409)899-8444 x101 FAX(409)347-0138 fees for the Firms were paid by an anonymous donor, but the time has come for a htp://www.setMc.org broader Coalition of public and private sector interests and individual citizens to http://www.setrpc.org p p help pay to keep this critical "voice"working on our behalf. We are looking to raise enough funds to keep the Firms engaged for the remainder of 2006 and all of 2007. FED 9 c�u6 Mayor Guy Goodson Page Two (2) February 3, 2006 We need to make sure our collective voices are heard loud.and clear at the State Capital, in the White House, in the halls of Congress and by the various responsible federal and state agencies. Make no mistake about it; what we are fighting for is the future of our region and our kids and grand kids'future. believe in many ways we are at a historical crossroads in South and Deep East Texas. Now is the time to make sure that decision makers in our nation's capital and our statehouse hear our voices. Our congressional delegation and the Governor's Office have been phenomenal and tireless in their efforts to help our area recover and rebuild from the devastation of Hurricane Rita but they need some help. The stakes are very high. Congress has appropriated billions and billions of dollars for hurricane relief, recovery and rebuilding and will continue to do so in the future. We need advocates that understand the ground rules and have insights and access with the appropriate decision makers. We have to absolutely make sure that federal and state resources are allocated to South and Deep East Texas to help us rebuild from the devastation of Hurricane Rita. That is why we have been working with the Firms. In my opinion, we do not have a chance without them. Therefore, we are asking City of Beaumont to contribute a one-time payment of$50,000 for 2006 to retain the services of Bracewell & Giuliani, L.L.P. and the Ben Barnes Group. The check can be sent directly to the South East Texas Regional Planning Commission. We will pay the Firms on a monthly basis. We will send you a receipt, a copy of the monthly invoice from the Firms, and a monthly situation/progress report. Also, every Thursday at 9:15am Mark Viator with BASF, who has served as the Hurricane Recovery Steering Committee Chairman, facilitates a conference call on Hurricane Rita recovery efforts. The conference call number is 1-888-476-3757 and the access code is#199260 to join the conference. The retainer relationship between the Coalition and the Firms should be set equal to forty thousand dollars ($40,000.00) per month. The Coalition and the Firms will undertake periodic review of the goals and accomplishments in order to determine appropriate next steps. In addition to the monthly fees, there may be minor expenses associated with doing the Coalition's work in Washington. Such expenses will be added to any monthly bill. Payment for fees and expenses are due on a monthly basis. While the Firms utilize a team approach in execution of client business, Milam Mabry will be the primary contact person and team leader for client work at Bracewell & Giuliani, L.L.P. and Patsy Thomasson with the Ben Barnes Group. Our objective is to secure appropriations and agency support for hurricane recovery and economic development of South & Deep East Texas. The Firms will represent the Coalition in connection with the legislative, Administration and certain communications matters related to providing governmental resources for the hurricane recovery, reconstruction and redevelopment of the regions, including activities to: (1) engage in specified and directed advocacy and monitoring activities, and review relevant documents and materials related to projects; (2) undertake appropriate communications with media and with federal and other governmental entities as directed by the Coalition; (3) draft such documents as may be necessary and related to our representation; Mayor Guy Goodson Page Three (3) February 3, 2006 (4) set up meetings on Capitol Hill and with Cabinet Agencies; and (5) to perform other assignments as directed by the Coalition. The Firms have been engaged to represent the Coalition only. As such, they will not be representing any related entities or members. It does not appear that this representation is substantially related to any matter that they are handling for other clients, nor do the Firms have any relevant information that would relate to the representation. If circumstances change so that the representation of Coalition appears to present a potential conflict of interest with the interests of other clients of these Firms, we will evaluate and address the conflicts at that time. Please feel free to call me at (409) 782-5497 or Mark Viator at(409) 350-3998 concerning any questions about any aspect of this engagement. Thank you again for the support of the Coalition and the Firms representation in this matter. Very truly yours, Chester R. Jourd /n, Jr. CRJjr/tjw Enclosures ABBREVIATED TERMS OF ENGAGEMENT Staffing the project In most cases, one representative from each firm will be the principal contact. From time to time, that principal may delegate parts of the work to others in the Firms. They do this in order to involve those with special knowledge or experience in an area and to provide services in a timely and efficient manner. The scope of the representation The Firms undertake to provide representation and advice on matters for which they are engaged, and it is important that we have a clear understanding of the services that the Firms have agreed to provide. They cannot guarantee the outcome of any matter. Any expression of their professional judgment regarding the Coalition's matter or the potential outcome is, of course, limited by their knowledge of the facts and based on the law at the time of expression. It is also subject to any unknown or uncertain factors or conditions beyond their control. Client of the Firms It is their policy to represent only the person(s) or entities identified in the engagement letter and not any affiliates or related parties. Cooperation To enable the Firms to provide effective representation, the Coalition agrees to: (1) disclose to the Firms, fully and accurately and on a timely basis, all facts and documents that are or might be material or that they may request, (2) keep them apprised on a timely basis of all developments relating to the representation that are or might be material, (3) attend meetings, conferences, and other proceedings when it is reasonable to do so, and (4) otherwise cooperate fully with them. Relationships with others The Firms represent many companies and individuals. In some instances, the applicable rules of professional conduct may limit their ability to represent clients with conflicting or potentially conflicting interests. Those rules of conduct often allow them to exercise independent judgment in determining whether their relationship with one client prevents them from representing another. In other situations, the Firms may be permitted to represent a client only if the other clients consent to that representation. If a controversy unrelated to the subject matter of the representation develops between the Coalition and any other client of the Firms, they will follow the applicable rules of professional responsibility to determine whether they may represent either the Coalition or the other client in the unrelated controversy. In making this determination, they will consider the Coalition's agreement to the Conflicts of Interest provisions. Conflicts of interest The Firms attempt to identify actual and potential conflicts at the outset of any engagement, and may request that the Coalition sign a conflict waiver before they accept an engagement from us. Occasionally, other clients or prospective clients may ask them to seek a conflict waiver from the Coalition so that they can accept an engagement on their behalf. Do not take such a request to mean that they will represent the Coalition less zealously; they make such requests because they take their professional responsibilities to all clients and prospective clients very seriously. Unfortunately, conflicts sometimes arise or become apparent after work begins on an engagement. When that happens, they will do their best to address and resolve the situation in the manner that best serves the interests of all of our affected clients. The Firms may be asked to represent someone whose interests may be adverse to ours. They are accepting this engagement on the understanding that their representation of the Coalition will not preclude; them from accepting any other engagement from any existing or new client. including litigation adverse to the Coalition, provided that (i) such engagement is not substantially related to the subject matter of any services they are providing to the Coalition and (ii) in accepting such other engagement they would not impair the confidentiality of proprietary, sensitive or otherwise confidential information the Coalition provided to the Firms. Rules concerning conflicts of interest vary with the jurisdiction. In order to avoid any uncertainty, their policy is that the Texas Disciplinary Rules of Professional Conduct will be applicable to the representation. How they set their fees Clients frequently ask the Firms to estimate the fees and other charges they are likely to incur in connection with a particular matter. They respond to such requests, whenever possible, with an estimate based on their professional judgment. This estimate always carries the understanding that, unless they agree otherwise in writing, it does not represent a maximum, minimum, or fixed-fee quotation. The ultimate cost frequently is more or less than the amount estimated. Charges for other expenses and services As an adjunct to providing advocacy services, the Firms may incur and pay a variety of charges on the Coalition's behalf or charge for certain ancillary support services. Whenever they incur such charges on the Coalitions behalf or charge for such ancillary support services, they will bill them as part of the monthly invoice. Accordingly, the invoices usually will include amounts, not only for advocacy services rendered, but also for other expenses and services. Examples include charges for photocopying, postage, facsimiles, long-distance telephone calls, travel and conference expenses, delivery charges, computerized research, and facsimile and other electronic transmissions. Outside expenses will generally be billed at cost, while some in-house expenses (e.g., copying, telecopying, computer services and in-house research) will include a reasonable allocation of overhead. In appropriate cases, reimbursable expenses will also include overtime charges for secretaries and other staff. The Coalition authorizes the Firms to retain third parties, such as consultants, experts and investigators, as may be necessary to the representation. Although they advance third-party disbursements in reasonable amounts, they will ask the Coalition to pay larger third-party invoices (usually those over $200) directly to the third party providing the services. Because the Firms often have ongoing professional relationships with the persons who render such services, they also ask that the Coalition pay such bills promptly and send them notice of payment. The Firms generally make and retain copies of all documents°generated received by them in the course of the Coalition's representation. Should the Coalition request documents from the Firms at the conclusion of their representation (other than your original documents), the Coalition agrees that they may generate copies for their files at the Coalition's expense, including both the reproduction charges and professional fees for time expended in revieyving files to be returned to the Coalition. Billing arrangements and terms of payment The Firms will bill the Coalition on a regular basis, normally each month, for both fees and other charges. The Coalition agrees to make payment within 30 days of the date of the invoice. Should the account become delinquent and satisfactory payment terms are not. arranged, as permitted under the rules regulating their profession, the Firms wiu ba required to withdraw from the representation. In most cases, and except as prohibited by ethical considerations, if the account becomes more than 60 days delinquent, the Firms will cease representation until we can arrive at a mutually satisfactory arrangement for payment of the delinquent account and the resumption of services. Payment of fees and costs is not contingent on the ultimate outcome of their representation It remains the Coalition's obligation to pay all amounts due to the Firms within 30 days of the date of the statement. Termination After completion of the representation changes may occur in the applicable laws or regulations that could affect the Coalition's future rights and liabilities in regard to the matter. Unless they are actually engaged after the completion of the representation to provide additional advice on such issues, the Firms have no continuing obligation to give advice with respect to any future developments that may relate to the matter. If the Coalition later retains the Firms to perform further or additional services, the relationship will be subject to the terms of engagement agreed to at that time; in the absence of any specific agreement, these Additional Terms of Engagement shall apply to the further or additional representation. The Coalition may terminate representation at any time, with or without cause, by notifying the Firms in writing. They will return the Coalition's papers and other property promptly-upon receipt of the request for those materials. The termination of services will not affect the Coalition's responsibility for payment of services rendered and other charges incurred before termination and in connection with an orderly transition of the matter. Document retention At the conclusion of the representation, the Firms generally return to the client the client's original documents and any other documents that are specifically requested to be returned. As to any original documents so returned, they may elect to keep, at their expense, a copy of the documents in their stored files. Should the Coalition request other documents from the Firms at the conclusion of their representation of the Coalition, the Coalition agrees that they may generate copies for the Coalition's files at our expense, including both the reproduction charges and professional fees for time expended in reviewing files to be returned to the Coalition. At the close of any matter, the Firms usually send the pertinent parts of their files in that matter to a storage facility for storage at their expense. However, they do not store voluminous papers at their expense. They will determine what part of the file is sent to storage and how long they will maintain isthe files in storage. Documents they choose not to store will be returned to the Coalition or destroyed. Disclaimer The Coalition acknowledges that the Firms have made no promises or guarantees to the Coalition about the outcome of the representation. Either at the commencement or during the course of the representation, they may express opinions or beliefs about the matter or various courses of action and the results that might be anticipated. Any expressions on their part conearning the outcome of the representation, or any other legal matters, are.based on their professional judgment and are not guarantees. Their professional responsibility The code of professional responsibility to which they are subject lists several types of conduct or circumstances that require or allow them to withdraw from representing a client. These include, for example, nonpayment of fees or charges, misrepresentation or failure to disclose material facts, action contrary to our advice, and conflict of interest with another client. They try to identify in advance and discuss with their clients any situation that may lead to their withdrawal. If withdrawal ever becomes necessary, they give their client written notice as soon as practicable. Modification of the agreement Any change can only be made in writing signed by Bracewell & Giuliani LLP, the Ben Barnes Group and the Coalition. Dispute resolution The Coalition agrees that any dispute relating to this engagement shall be resolved by arbitration according to the Federal Arbitration Act ("FAA") and, to the extent not inconsistent with the FAA, according to the Texas Arbitration Act. Disputes will be resolved in Houston, Harris County, Texas, and Texas law shall apply to all substantive aspects of any controversy. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT funding in the amount of $50,000 to retain lobbying assistance at the federal and state levels through the Bracewell & Giuliani Law Firm and the Ben Barnes Group as requested by the South East Texas Hurricane Rita Recovery Coalition is hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2006. - Mayor Guy N. Goodson - 9 March 7, 2006 Consider approving a resolution authorizing payment to Placo Ltd, for lighting and signal equipment delivered to the construction site but not yet installed • 0 :4�1. ! 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 7, 2006 AGENDA MEMO DATE: March 2, 2006 REQUESTED ACTION: Council consider a resolution authorizing payment to Placo Ltd, in the amount of$289,127, for lighting and signal equipment delivered to the construction site but not yet installed. RECOMMENDATION Administration recommends Council authorize payment to Placo Ltd, in the amount of$289,127, for lighting and signal equipment delivered to the construction site but not yet installed. BACKGROUND On May 17, 2005, the City Council awarded Placo Ltd the contract for the Downtown Improvements Project on Pearl, Bowie and Liberty Streets in the amount of$2,094,178.15. Change Order No. 1 was issued for the project that decreased the total project cost by $100,000 to $1,994,178.15. Included in the project is the installation of decorative street lights and traffic signal poles. When the contract notice to proceed was issued on July 5,2005, it was anticipated that work would be completed within 300 working days or April 30, 2006. However, due to Hurricane Rita, the anticipated completion date is now July 30, 2006. The interruption in the construction schedule has pushed backed the installation of the street lighting and traffic signal poles by several months. The contractor has indicated that he could not delay the order for the street lighting and signal poles due to the long lead time for delivery. In order not to place an undue financial burden on his subcontractor, the contractor is requesting payment for the street lighting and signal poles delivered to the construction site. The current contract does not allow for partial payments. If approved, the payment will be made to the contractor based on the invoice price of the materials. The remaining portion of the bid price will be paid upon satisfactory installation of the street lighting and traffic signal equipment. BUDGETARY IMPACT None. PREVIOUS ACTION Council awarded the contract on May 17, 2005 and approved Change Order No. 1 on June 14, 2005. RECOMMENDED BY City Manager, Public Works Director and City Engineer. DowntownPearlMaterialsonSi te.wpd March 2,2006 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve payment of an invoice to Placo Ltd. in the amount of$289,127 for lighting and signal equipment delivered to, but not yet installed, to the construction site for the Downtown Improvements Project on Pearl, Bowie and Liberty Streets. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7"day of March, 2006. • - Mayor Guy N. Goodson - • 10 March 7, 2006 PUBLIC HEARING: Concerning the termination of the Franchise granted to Eastex Waste Systems, Inc. Consider an ordinance repealing Ordinance No. 91-48 granting a franchise to Eastex Waste Systems, Inc. to operate a solid waste collection and transportation service in the City of Beaumont i UE! Cat y of Beaumont g Council A enda Item M TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: March 7, 2006 AGENDA MEMO DATE: March 2, 2006 REQUESTED ACTION: Council,after conducting a public hearing, consider the termination of the City of Beaumont Solid Waste Franchise Agreement granted • to Eastex Waste Systems, Inc. by repealing Ordinance No. 91-48. RECOMMENDATION Administration recommends termination of the franchise granted to Eastex Waste Systems, Inc. by repealing Ordinance No. 91-48 due to the company's violation of the terms and conditions of its franchise to operate a solid waste collection and transportation service. BACKGROUND Eastex Waste Systems, Inc. was granted a franchise in 1991. Since 2003,the company has failed to make timely monthly franchise payments and has fallen delinquent. In June 2005, Eastex Waste Systems,Inc.agreed to a monthly payment plan for their delinquent balance. This payment was in addition to their 7%gross receipts fee due each month. Since that time, they have applied three payments towards their delinquent account leaving a balance due of$46,166.36. Delinquent landfill charges total $3,867.55 and the monthly 7% franchise fee has not been paid since July 2005. In addition to the company's financial failures,there are documented reports of interrupted service leaving customers without solid waste collection services. In accordance with procedures stated in the franchise, a letter from the City Attorney was mailed on February 17, 2006 notifying Eastex Waste Systems, Inc. that they were required to make payment in full of all delinquent obligations owed to the City under the terms of the franchise within ten(10)days. In the letter,they were given notice that their failure to comply would result in termination of their franchise.Eastex Waste Systems has been notified of the public hearing and • proposed termination scheduled for Council consideration on March 7, 2006. • Termination of the City of Beaumont Solid Waste Franchise Agreement March 2, 2006 Page 2 BUDGETARY IMPACT Termination of the franchise does not extinguish the debt owed to the City of Beaumont by Eastex Waste Systems, Inc. No other impact is anticipated. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. • • City Of Beaumont February 17, 2006 Eastex Waste Systems, Inc. P. O. Box 21158 Beaumont, Texas 77720 Attn: Kathy Smartt Re: City of Beaumont Solid Waste Collection Franchise Agreement Dear Ms. Smartt: • Your account has been referred to my office for immediate attention. As you are intimately aware, Eastex Waste Systems, Inc., was granted a franchise by the City of Beaumont to operate a solid waste collection service in the city. By accepting this franchise, Eastex Waste Systems has agreed to certain terms and conditions as set out in the ordinance. Failure to comply with these terms has put your franchise at risk of termination. Eastex Waste Systems has repeatedly failed to timely pay its financial obligations in accordance with the requirements of the franchise agreement. By letter dated June 24, 2005, the City of Beaumont agreed to your request to be allowed to enter into a payment schedule which permitted you to make monthly installments until the delinquency was paid in full. A copy of the letter is enclosed for your information. As you well know, the arrangement was that Eastex Waste Systems would not only pay the delinquent amounts, but it would also include the regularly scheduled payments of seven percent (7%) of gross receipts due by the 15th of each month as provided for by the franchise agreement. Eastex Waste Systems, Inc., has not honored this agreement with the City of Beaumont. In this regard, your firm has only made three (3) payments toward the payment schedule and has not made any payment of the seven percent (7%) gross receipts fee. Additionally, there are landfill charges also owed to the City at this time. Currently, your firm's account is in arrears of $46,166.36, which represents the • balance due from the payment plan; also, $3,967.55 in landfill charges is owed, as well as the regular monthly franchise fee of 7% of gross receipts. Legal Department • (409) 880-3715 • Fax (409) 880-3121 P.O. Box 3827 • Beaumont,Texas 77704-3827 Eastex Waste Systems, Inc February 17, 2006 Page 2 Notwithstanding your firm's financial failures, we have also received reports that there has been an interruption in service by your company leaving your customers without service for at.least the last several weeks. This alone is sufficient grounds to terminate your franchise. This letter is written pursuantto Section 11 of Ordinance 91-48 giving Eastex Waste Systems, Inc., ten (10) days from the mailing of this letter to make payment in full of all delinquent obligations owed to the City of Beaumont under the terms of the franchise ordinance. If these matters are not satisfactorily addressed within this period of time, we will recommend to the City Council that your franchise be terminated. Your firm will be given notice of the meeting where the termination will be discussed. We have made every reasonable effort to accommodate Eastex Waste Systems, Inc., in the collection of these funds without much success. Termination of the franchise, of course,will not extinguish the debt owed to the City of Beaumont by Eastex Waste Systems, Inc. Very truly yours, r ieE. o City ttorne TEC:rw cc: Kyle Hayes, City Manager City Council Members ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING ORDINANCE NO. 91-48 GRANTING A FRANCHISE TO EASTEX WASTE SYSTEMS, INC., TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT. WHEREAS, Ordinance No. 91-48 passed on May 28, 1991, granted a franchise to Eastex Waste Systems, Inc.,to operate a solid waste collection and transportation service in the City of Beaumont; and WHEREAS, Eastex Waste Systems, Inc., has failed to comply with the terms and conditions of its franchise to operate a solid waste collection and transportation service in the City of Beaumont by its failure to timely pay the monthly franchise fees; and WHEREAS, the City of Beaumont desires to terminate the franchise agreement with Eastex Waste Systems, Inc., granted by Ordinance No. 91-48 based upon Eastex Waste P Systems' failure to comply with the terms and conditions of said franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Ordinance No. 91-48 granting a franchise to Eastex Waste Systems, Inc.,to operate a solid waste collection and transportation service in the City of Beaumont be and it is hereby repealed and said franchise agreement is hereby terminated. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of March, 2006. - Mayor Guy N. Goodson - 40