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HomeMy WebLinkAboutPACKET JAN 30 2007 All City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 30,2007 1:30 P.M. CONSENT AGENDA, Approval of minutes Confirmation of committee appointments A) Approve the appointment of James D. McNicholas as the Chief Magistrate of the City of Beaumont Municipal Court James D. McNicholas would be appointed as the Chief Magistrate of the City of Beaumont Municipal Court for a term of two (2)years. The Chief Magistrate will receive compensation of$300 for the first session and $250 for each successive session thereafter each week. B) Approve the appointment of Theodore Johns as a City Magistrate of the City of Beaumont Municipal Court Theodore Johns would be appointed as a City Magistrate for a term of two (2)years and would receive compensation of$250 per session. C) Approve the appointment of Craig Lively as a City Magistrate of the City of Beaumont Municipal Court Craig Lively would be appointed as a City Magistrate:for a term of two (2)years and would receive compensation of$250 per session. D) Authorize the City Attorney to intervene in the name of the City of Beaumont in the lawsuit styled City of Nederland vs. Entergy-Gulf States, Inc., et al E) Authorize the purchase of two (2)passenger vans for the Best Years Center F) Authorize the settlement of the claim of Nicole Harrison G) Authorize the settlement of the claim of Bobby Jean Knighton H) Authorize the settlement of the claim of Lou Davis I) Authorize the settlement of the claim of Jacorri Brazier s fid Article XII LAW-MUNICIPAL,COURT. s Section 1 — CITY ATTORNEY: 1 4 (a) The City Council shall appoint the City Attorney who must be a competent practicing attorney in the City of Beaumont.He shall receive for his services such r compensation as may be fixed by the Council and shall hold his office until his successor is appointed and qualified. 33 1 (b) The City Attorney shall represent the City in all litigations.He shall be the 1 legal advisor of and attorney and counsel for the City and for all officers and departments thereof. r (c) The City Attorney shall have power to appoint such assistants as may be deemed necessary by him, subject to the approval of the City Council, at such compensation as fixed by the Council. Section 2 — MUNICIPAL COURT: There shall be a court for the trial of misdemeanor offenses known as the Municipal Court of the City of Beaumont,with such powers and duties as are given and prescribed by the laws of the State of ? Texas. (as amended 1-25-72) i Section 3 — CITY MAGISTRATE:There shall be one or more magistrates of said Municipal Court known as City Magistrates, one of whom shall be designated Chief Magistrate, who shall be elected by a majority vote of the City 4 Council for a term of two (2) years. The Chief Magistrate and other City Magistrates shall be licensed attorneys at law,in good standing,and residents of the City of Beaumont for at least one (1) year preceding his or their appointment. ( Compensation for said Magistrates shall be fixed by the City Council. The Magistrates may be removed by the City Council for incompetency,misconduct or malfeasance. (as amended 1-25-72) I, Section 4 CLERK OF COURT: The City Manager shall appoint the Clerk of Municipal Court. The Clerk and the deputies to the Clerk shall have the power to administer oaths and affidavits,make certificates,affix the seal of the said court thereto and generally do and perform any and all acts usual and necessary by clerks of courts in issuing processes of said courts and conducting the business thereof. (as amended 9-16-03) 4i =44 33 1 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 23, 2007 111E:QUESTED ACTION: Council consider resolution authorizing the City Attorney to intervene in the name of the City of Beaumont in the lawsuit styled City of Nederland vs. Entergy-Gulf States Inc et al RI:COIIUVIENDATION Administration recommends authorizing the City Attorney to intervene in the name of the City of Beaumont in the lawsuit styled City of Nederland vs. Entergy-Gulf States Inc et al. BACKGROUND At an executive session held on August 8,2006,we discussed with the Council the possibility of the City of Beaumont separating from the class of municipalities designated in the lawsuit City of Nederland vs. Entergy-Gulf States Inc et al and pursuing its own interests in the name of the City of Beaumont. This suit was filed in 1998 as a class action with the City of Nederland representing the interests of some sixty(60)cities,towns,and villages against Entergy-Gulf States,Inc. The basis of the suit is whether Entergy-Gulf States, Inc., has properly made payment to the various cities in accordance with the terms and conditions of the electric franchise agreements. The agreements provide for a percentage of gross receipts to be paid to the cities in compensation for the use and occupancy of its public rights-of-way. There is evidence that the company has not used its total gross receipts in the calculation of the franchise payments, thereby resulting in an underpayment to the cities. We are hereby requesting authority to intervene in the above-referenced lawsuit in the name of the Cit,�of Beaumont, independent of the class designated in the lawsuit. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney, or his designee, is hereby authorized to intervene in the name of the City of Beaumont in the lawsuit styled City of Nederland vs Entergy-Gulf States Inc et al, Cause No. E-159,725,thereby separating from the class of municipalities designated in said lawsuit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. - Mayor Guy N. Goodson - 11!- City Council Agenda Item W 'A 121,191 TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 23, 2007 REQUESTED ACTION: Council consider the purchase of two (2) passenger vans for the Best Years Center. RECOMMENDATION Administration recommends the purchase of two (2) 2007 Ford Club Wagon 15-passenger vans from Philpott Motors in the amount of$43,812 for the Best Years Center of the Parks and Recreation Department. The purchase will be made through the Texas Association of School Boards (TASB) Buyboard cooperative purchasing program. The Texas Local Government Purchasing Cooperative, administered by TASB,complies with all state bidding statutes. Membership with Buyboard allows municipalities to purchase items from their contracted vendors. The total cost of$43,812 includes a Buyboard administrative fee of$400. BACKGROUND The Best Years Center(BYC) functions as a multipurpose center for seniors providing congregate meals, education, and training. Additionally, the BYC provides transportation to and from the center to individuals in need of this service and provides transportation for senior day trips to Galveston and Houston throughout the year. The new vans will replace two (2) passenger vans, a 1993 Chevrolet G30 12-passenger van and a 1994 Dodge B35015-passenger van,currently being used by the BYC,because they are beyond their useful lives. The vans being replaced will be disposed of according to the City's surplus property policy. The new vans are expected to be delivered within 120 days. BUDGETARYIMPACT The City of Beaumont Best Years Center is a sub-recipient of the Social Services Block Grant for Emergency Disaster Relief Funds for Hurricane Rita and Katrina through the South East Texas Regional Planning Commission. Funds for this expenditure in the amount of$43,812 will be provided by this grant. The grant requires no matching funds. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) 2007 Ford Club Wagon 15-passenger vans from Philpott Motors in the amount of $43,812 for the Best Years Center of the Parks and Recreation Department through the Texas Association of School Boards (TASB) Buyboard cooperative purchasing program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. - Mayor Guy N. Goodson - ..�.. City Council Agenda Item .A MWX M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 25, 2007 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Nicole Harrison. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Nicole Harrison. BACKGROUND Council discussed the settlement of this claim in Executive Session on January 23, 2007. Recommended by City Manager and City Attorney. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown: Nicole Harrison $10,942.65 3830 Nathon Beaumont, Texas 77708 RESOLUTION NO. WHEREAS, the claim of Nicole Harrison has been discussed in an Executive Session properly called and held Tuesday, January 23, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Nicole Harrison in the amount of Ten-Thousand Nine-Hundred Forty-Two and 65/100 ($10,942.65) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. - Mayor Guy N. Goodson - City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 25, 2007 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Bobby Jean Knighton. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Bobby Jean Knighton. BACKGROUND Council discussed the settlement of this claim in Executive Session on January 23, 2007. Recommended by City Manager and City Attorney. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay partial settlement amount as shown: Bobby Jean Knighton $7,222.16 4935 Ada Street Beaumont, Texas 77708 RESOLUTION NO. WHEREAS,the claim of Bobbie Jean Knighton has been discussed in an Executive Session properly called and held Tuesday, January 23, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Bobbie Jean Knighton in the amount of Seven-Thousand Two-Hundred Twenty-Two and 16/100 ($7,222.16) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. - Mayor Guy N. Goodson - .�... City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: January 30, 2007 AtsENDA MEMO DATE: January 25, 2007 RI,QUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Lou Davis. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Lou Davis. BACKGROUND Council discussed the settlement of this claim in Executive Session on January 23, 2007. Recommended by City Manager and City Attorney. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay a partial amount as shown: Lou Davis $5,000 4411 Galveston Street Beaumont, Texas 77703 RESOLUTION NO. WHEREAS, the claim of Lou Davis has been discussed in an Executive Session properly called and held Tuesday, January 23, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to partially settle the claim of Lou Davis in the amount of Five-Thousand ($5,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. - Mayor Guy N. Goodson - City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PFLEPARED BY: Matt Martin, Liability Administrator MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 24, 2007 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Jacorri Brazier. RICOMNIENDATION Council approval of a resolution authorizing the settlement of the claim of Jacorri Brazier. BACKGROUND Council discussed the settlement of this claim in Executive Session on January 16, 2007. Recommended by City Manager and City Attorney. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown: Lori Walker as parent and guardian of a minor,Jacorri R. Brazier, and Woodson E. Dryden, Attorney $3,500 RESOLUTION NO. WHEREAS, the claim of Jacorri Brazier has been discussed in an Executive Session properly called and held Tuesday, January 16, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Jacorri Brazier in the amount of Three-Thousand Five-Hundred ($3,500) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. - Mayor Guy N. Goodson - City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 30,2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition-Receive a report related to the FY 2006 Audit * Public Comment: Persons may speak on scheduled agenda items 3-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for property on the east side of S. Major Drive, south of Peveto Road 2. Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property located in the 1000 Blk. (Even) of East Virginia, 1000-1100 Blk. of Colorado, 1000 Blk. (Odd) of Alabama, 1096 Alabama, 1100 Blk. of Alabama, 4637 Rolfe Christopher, 1 100 Blk. of Georgia, 1100 Blk. (Odd) of Iowa, 1200 Blk. of Iowa, 1195 Oregon, 1200 Blk. of Oregon, 1158 Vermont, 4600-5100 Blk. (Even)of WK Parkway, 5000- 5100 Blk. (Odd)of Heisig, SWC of Virginia and MLK Parkway and 5110-5166 Hunter 3. Consider approving a request to abandon a 20"alley in Block 66, North Addition located on the south side of Isla, between Forrest and Cable Street 4. Consider approving change orders related to the renovation of the Julie Rogers Theatre 5. Consider approving a lease agreement with Memorial Hermann Baptist Hospital • relating to property within Central Park 6. Consider approving an ordinance approving five early voting polling locations as well as designated early voting days and times 7. Consider authorizing the City Manager to execute a Memorandum of Understanding between the City of Beaumont and Crockett Street Entertainment, IsMardi Gras on the Neches, Inc. and Parades Unlimited WORKSESSION * Review and discuss Railroad Quiet Zones * Status Report on the Beaumont Municipal Airport COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) 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 January 30,2007 Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)District for property on the east side of S. Major Drive, south of Peveto Road � City ty Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 23, 2007 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial- Multiple Family Dwelling)District for property on the east side of S. Major Drive, south of Peveto Road. RECOMMENDATION The Administration recommends approval of a request for a zone change from RS(Residential Single Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for property on the east side of S. Major Drive, south of Peveto Road, BACKGROUND Mark W.Whiteley&Associates,Inc.is requesting a zone change from RS(Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District for a 41 acre tract of land located on the east side of Major Drive, 276' south of Peveto. Mr. Whiteley states that the purpose of the request is to allow for the development of health care related facilities on the subject property,beginning with a full care nursing home and a future assisted living center and other related medical and health care facilities. The property owner plans on constructing a roadway with a 60' wide right-of-way through the subject property to provide for future access. This roadway, as proposed,would provide for the development of the property with a minimum number of curb cuts on Major Drive. Along S.Major Drive,a number of rezonings to GC-MD have occurred over the years. The nearest GC-MD zoning is a 1.65 acre tract southwest of the subject property. At a Joint Public Hearing held January 22, 2007, the Planning Commission voted 7:0 to approve a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for property on the east side of S.Major Drive, south of Peveto Road. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. 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 GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING- 2) DISTRICT FOR PROPERTY LOCATED ON THE EAST SIDE OF S. MAJOR DRIVE, SOUTH OF PEVETO ROAD, 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 GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for property located on the east side of S. Major Drive, south of Peveto Road, as described on Exhibit "A" and shown on Exhibit "B," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations 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. iSection 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 30th day of January, 2007. - Mayor Guy N. Goodson - LE(sAL DESCRIPTION FOR ORDINANCE PURPOSES A 41.031 acre tract of land out of the Charles Williams Survey, Abstract 59, in the Amelia area of the City ofBeaumont,Jefferson County,Texas,being located along and adj acent to the East right-of- way line of Major Drive, and along and adjacent to the South right-of-way line or Peveto Road, and described by metes and bound as follows: BEGINNING at an iron pin which marks the Southwest corner of the Riley tract of land,as described in V ol. 1661,Page 430,ofthe Deed Records of Jefferson County,Texas,said beginning corner being located a distance of 267.2 feet,measured along the East right-of-way line of Major Drive, from the Sough right-of-way line of Peveto Road; THENCE S. 89 DEG. 49' 24" E. along the South line of the tracts of land described in Vol. 1661, Page;430,Vol. 1048,Page 53,Vol. 1324,Page 127,Vol. 1348,Page 523, and Vol. 1327,Page 511, of the Deed Records of Jefferson County, Texas, a distance of 781.31 feet to an iron pin for corner at the Southeast comer of the Craigen tract as described in Vol. 1327, Page 511, of the Deed Records; THENCE N. 00 deg. 18' 52" E. along the East line of the Craigen tract a distance of 266.91 feet to an iron pin for corner in the South line of Peveto Road; THENCE S. 89 deg 56'43" E. along the South line of Peveto Road a distance of 397.93 feet to an iron pin for corner at the Northwest corner of a 0.344 acre tract a land described in Volume 1115, Page 37, of the Deed Records; THENCE S. 00 deg. 08' 19"W. along the West line of the 0.344 acre tract a distance of 150.00 feet to an iron pin for corner; THENCE N. 89 deg 48' 04" E. along the South line of the 0.344 acre tract a distance of 99.68 feet to an iron pin for corner(call distance is 100.00 feet); THENCE N. 00 deg 18'25" E. along the East line of the 0.344 acre tract a distance of 149.87 feet to an iron pin for corner in the South line of Peveto Road (call distance is,150.00 feet); THENCE S.89 deg 5547" E. along the South line of Peveto Road a distance of 649.42 feet to a galvanized pipe for corner at the Northeast corner of the Cummins so-called 100-acre tract; THENCE S. 00 deg. 33'43" E. along the East line of the Cummins tract a distance of 1035.28 feet to an iron rod for corner in the North line of the Lower Neches Valley irrigation canal right-of-way; THENCE S. 89 deg. 48' 33" W. along the North right-of-way line of said irrigation canal right-of- way a distance of 1937.55 feet to a galvanized pipe for corner in the East right-of-way line of the aforementioned Major Drive; THENCE N. 00 deg 12'39"W.along the East ast nght-of--way line of Maj or Drive a distance of 778.16 to the place of beginning. EXHIBIT `A' ------------- --------------- PO,01 2 January 30, 2007 Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located in the 1000 Blk. (Even) of East Virginia, 1000-1100 Blk. of Colorado, 1000 Blk. (Clod)of Alabama, 1096 Alabama, 1100 Blk. of Alabama, 4637 Rolfe Christopher, 1100 Blk. of Georgia, 1100 Blk. (Odd) of Iowa., 1200 Blk. of Iowa, 1195 Oregon, 1200 Blk. of Oregon, 1158 Vermont, 4600-5100 Blk. (Even) of MLK Parkway, 5000-5100 Blk. (Odd) of Heisig, SWC of Virginia and MLK Parkway and 5110-5166 Hunter •�• City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 23, 2007 REQUESTED ACTION: Council consider a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for property located in the 1000 Blk.(Even)of East Virginia, 1000-1100 Blk.of Colorado, 1000 Blk. (Odd)of Alabama, 1096 Alabama, 1100 Blk. of Alabama, 4637 Rolfe Christopher, 1100 Blk. of Georgia, 1100 Blk. (Odd) of Iowa, 1200 Blk. of Iowa, 1195 Oregon, 1200 Blk. of Oregon, 1158 Vermont, 4600-5100 Blk. (Even)of MLK Parkway,5000-5100 Blk. (Odd)of Heisig, SWC of Virginia and MLK Parkway and 5110-5166 Hunter. RECOMMENDATION The Administration recommends approval of a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District for the above locations. BACKGROUND In 2003,the City Council approved the rezoning of an 8 block area of the South Park Neighborhood from RM-H (Residential Multiple Family Dwelling-Highest Density) District to RCR(Residential Conservation and Revitalization)District. This area encompassed the land bordered by East Virginia to the north,Rolfe Christopher to the west, Cochran and Heisig to the east and Florida to the south. This Phase 1 zoning change was made to implement a portion ofthe South Park Neighborhood Plan. The Plan designates this area as a"Redevelopment Area." A redevelopment area would allow for residential, some commercial and other uses that would compliment the existing neighborhood and the university community. 0 Phase 2 of the implementation process is to now look at the GC-MD area that is surrounded by East Virginia to the north,Rolfe Christopher to the west,Martin Luther King Jr. Parkway to the east and Florida to the south. The subject area consists of a variety of land uses with the majority of the land consisting of multi- family,single family or vacant. Very little commercial exists. This area has deteriorated significantly over the years. Many of the properties have become off-campus student housing. As Lamar University continues to make great strides in improving its campus environment,there is an increasing concern over what could be developed in the areas surrounding the university. To create an environment that is conducive to the growth of the university,it is very important to control the type of development that occurs. GC-MD-2 zoning, along with the already existing RCR zoning,would provide the controls that are needed. GC-MD-2 zoning would require a specific use permit for any new use that is proposed for the study area. At a Joint Public Hearing held January 22, 2007, the Planning Commission voted 7:0 to approve a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling)District to GC.-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located in the 1000 Blk.(Even)ofEast Virginia, 1000-1100 Blk. of Colorado, 1000 Blk. (Odd)of Alabama, 1096 Alabama, 1100 Blk. of Alabama,4637 Rolfe Christopher, 1100 Blk. of Georgia, 1100 Blk. (Odd)of Iowa, 1200 Blk.oflowa, 1195 Oregon, 1200 Blk.of Oregon, 1158 Vermont,4600-5100 Blk.(Even) of MILK Parkway, 5000-5100 Blk. (Odd)of Heisig, SWC of Virginia and MLK Parkway and 5110- 5166 Hunter. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY LWPACT None. 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 GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED IN THE 1000 BLOCK (EVEN) OF EAST VIRGINIA, 1000-1100 BLOCK OF COLORADO, 1000 BLOCK(ODD)OF ALABAMA, 1096 ALABAMA, 1100 BLOCK OF ALABAMA, 4637 ROLFE CHRISTOPHER, 1100 BLOCK OF GEORGIA, 1100 BLOCK (ODD) OF IOWA, 1200 BLOCK OF IOWA, 1195 OREGON, 1200 BLOCK OF OREGON, 1158 VERMONT, 4600-5100 BLOCK(EVEN) OF MARTIN LUTHER KING, JR. PARKWAY, 5000-5100 BLOCK (ODD) OF HEISIG, SWC OF VIRGINIA AND MARTIN LUTHER KING PARKWAY, JR. AND 5110- 5166 HUNTER, 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 p articular 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 GC-MD (General Commercial-Multiple Family r Dwelling) District to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District for property located in the 1000 Block (Even) of East Virginia, 1000-1100 Block of Colorado, 1000 Block (Odd) of Alabama, 1096 Alabama, 1100 Block of Alabama, 4637 Rolfe Christopher, 1100 Block of Georgia, 1100 Block (Odd) of Iowa, 1200 Block of Iowa, 1195 Oregon, 1200 Block of Oregon, 1158 Vermont, 4600-5100 Block (Even) of Martin Luther King, Jr. Parkway, 5000-5100 Block (Odd) of Heisig, SWC of Virginia and Martin Luther King, Jr. Parkway and 5110-5166 Hunter, being Blocks 1, 4, 5, Lots 11-12, Block 6, Blocks 10, 11, Lots 6-7, Block 35, Blocks 36-40, Lamar Addition, Lot 3, Block 2,Vermont Addition, Entergy Easement, City of Beaumont, Jefferson County, Texas, containing 44.16 acres, more or less, as shown on Exhibit'A," and the official zoning map of the City of Beaumont is hE!reby 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 30th day of January, 2007. - Mayor Guy N. Goodson - File 1862-Z: Request _ Ii (General Commercial- Multiple I NORTH Family Dwelling) District to GC-M11)-2 (General Commercial -Multiple Family Dwelling District or a more ill Virginia, 1000-1100 blk. of Colorado, 1000.blk. (odd) of Alabama, 1096 Alabama, 1100 Alabama, 4637 Rolfe,Christopher, 1100 blk. of N.T.S. Georgia, 1100 blk. (odd) of Iowa, 1200 blk. of Iowa, 1195 Oregon, 1200 bUL of Oregon, : Vermont, of 1 Parkway, 1 1 1 11 e Virginia Heisig, southwest corner of LA licant: City,of Beaumont Planning Division nd NELK and I Hunter IfM�/%E%E x/ �F ri%✓, , j In W!� .� �� 'P•Y` lB� ,, �✓�'��` Sir P 6 ari t• r/1 Sill r / �.0g,K" affij =�1 � Moir•.%,r'./i,:��.,.fi'//`�i//r��J�,%'r. ,,..,�J�'/i��/ 3 January 30, 2007 Consider approving a request to abandon a 20' alley in Block 66, North Addition located on the south side of Isla, between Forrest and Cable Street US :U. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 23, 2007 REQUESTED ACTION: Council consider a request to abandon a 20'alley in Block 66, North Addition located on the south side of Isla, between Forrest and Cable Street. RECOMMENDATION The Administration recommends denial of a request to abandon a 20' alley in Block 66, North Addition located on the south side of Isla, between Forrest and Cable Street, BACKGROUND Fellowship Missionary Baptist Church is requesting the abandonment of a 20'alley in Block 66,North Addition. The church states that when it purchased the land to build their present structure,they did not know the subject alley existed. Fellowship Missionary Baptist Church was severely damaged during Hurricane Rita. The church i now requesting abandonment so that they can rebuild the church facility. s This it was sent to all interested parties. Water Utilities recommends denial of the abandonment. It states that it has a 6" sanitary sewer main within the alley that provides service to the church and a residence on St. Charles. At a Regular Meeting held January 22, 2007,the planning to abandon a 20'alley in Block 66,North Addition located on�hie south side of Isla,between request and Cable Street. Forrest Recommended by Planning Commission, City Manager, Public Works Director and the Planning g BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 20' WIDE ALLEY LOCATED ON THE SOUTH SIDE OF ISLA, BETWEEN FORREST AND CABLE STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAI' a 20' wide alley located on the south side of Isla, between Forrest and Cable Streets, being the 20'alley located in Block 66, North Addition, City of Beaumont, Jefferson County, Texas, containing 0.05 acres, more or less, as shown on Exhibit"A" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. - Mayor Guy N. Goodson - 5/ A J 6 li File 70'9-OB: Request to abandon a 20' alley in Block 66, North Addition, r Location: South side of Isla, between Forrest and Cable NORTH Applicant: Fellowship Missionary Baptist Church - SCALE 4 200, YJ C� 10' E AV 6 � � Z' �� \ • �'j , [KZV L it yid X40 • 7 t 60 't" o 9 0 '7 , ' 4 ,j� a ay.E,� ° . 74 0 ;do j O j lam, - ` •m. j i "� i' 63 p: �L) _vPr , 5 dp o / •ti 1 140 6 pr)i ati: �. ." do QQ0 +0 i 6 Is w�'�J• ice- 0 477 N 140 - / .,/ t ! 4 J ! ^ ° /o "O A 1 d h (� 0 16 O bs 1`63t ° i46 -^iY2 6 �J Ve lJ 66 ' , a ST Nor ES m m7 a ! t - � - to e : Q J: V 06 Q Q H n "1 n 4. IH- 10 iaoo �i • 4 January 30, 2007 Consider approving change orders related to the renovation of the Julie Rogers Theatre •u.,• City Council Agenda Item ■ , TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 25, 2007 REQUESTED ACTION: Council approval of Change Orders for the Julie Rogers Theatre renovation. RECOMMENDATION Approval of Change Order Nos. 10-15 for repairs and renovations to the Julie Rogers Theatre in the amount of$56,753.43 to Bruce's General Construction. BACKGROUND Although, the renovation of the Julie Rogers Theatre scheduled for completion in May 2007 is progressing smoothly, there are additional changes that must be made to complete the renovation. The following is a summary of the requested change orders: Change Order No. 10-Includes material and labor to modify the auditorium floor to accommodate a new seating layout. Seating layout had to be changed to meet current Building Codes. The layout required a concrete extension in the wheelchair platform area. Electrical and communication lines have to be relocated in this area. Additionally,a price was requested to paint both the auditorium and balcony concrete floors, The new seating layout will require the filling of existing holes used to anchor the previous seats and painted floors will conceal the repair work. The cost of this change order is $24,73391. Of this amount, $5,356.10 will be submitted to the City's insurance carrier for reimbursement. Although this work is not related to hurricane damage, the City's insurance includes additional coverage for work performed to meet current building codes. The seats were damaged by the hurricane but the new seating layout must be done to comply with current codes, therefore, the insurance carrier will cover costs associated with code requirements. Julie Rogers Theatre Renovations January 25, 2007 Page 2 Change Order No. 11 - In the original construction project, the 2' floor concession area was inadvertently omitted. Although the cabinets can still be utilized, the countertops were chipped and the cabinet doors warped and broken. New laminate countertops and new cabinet doors will compliment the 2'floor lobby area. The total cost of Change Order No. 11 is$5,092.50. Change Order No. 12 - This change order consists of miscellaneous repairs in various rooms and corridors. It includes painting, sheetrock repair, and wood trim replacement and repair. The total cost of Change Order No. 12 is $9,284.10. Change Order No. 13 - The original plans did not include any work to be done in the wheelchair lobby entrance and the performer's dressing rooms. During the remediation all carpet was removed from the performer's dressing rooms. New carpet will be installed in the performer's dressing rooms, which include one on the 1'level and three on the 2'level. The area outside the?floor elevator entrance was also carpeted. Heavy sound and stage equipment on rollers is moved to the stage via the elevator. Previously,this area was carpeted but transporting stage equipment caused excessive wear. A more practical solution in lieu of carpet is a brick paved floor similar to the southeast entrance lobby floor. The southeast entrance is the only wheelchair accessible entrance to the building. Although the storefront doors are in compliance with ADA regulations,an automatic door would provide a greater degree of accommodation. Included in this project is the installation of an automatic door,new glass and glazing of the sidelites and transom and electrical connections. The total cost of Change Order No. 13 is $11,369.17. Change Order Nos. 14 and 15 include remodeling the wall inset to mount ADA drinking fountains and additional painting. In the original plans, there was no modification for drinking fountains specified. After construction began it was discovered that the drinking fountains specified would not meet ADA regulations as designed. Another style was selected but it required wall modifications. Additionally, no work was included in the original contract for painting the Rose Room or Chorus Dressing Rooms. In order to reduce costs,the dressing room's laminated cabinets were retained and the color selected for the walls had to be changed. Both change orders total $6,273.75. Change Orders to date total $280,291.60 or 15% of the original contract amount. BUDGETARY IMPACT Funding will be provided by the City's insurance carrier and the Capital Program. I L Change To The Contract Agreement with Bruce's General Construction, Inc. (Contract Change Order) Date: 01/22/07 Contract No.: 688 Change No.: 4 Mark all Invoices& correspondence with above Numbers Revised To: City of Beaumont Julie Roger Theater Pearl St. Description of Change Material and Labor to paint Auditorium and Balcony floor with two coats of Tile Clad epoxy aint inc. acid washing) Mat $ 6,200.00 Labor $ 12 000.00 Relocate electrical $ 784.67 Relocate communication wires $ 771.43 Pour concrete extentions to allow for new seating layout Mat $_ 3,000.00 Labor $ 800.00 Overhead and Profit 5% 1 $ 1 177.81 Amount of this change: (add) $ 24 733.91 Previous Contract Amount: $ 1,853,689.80 Total Revised Contract Amount: $ 1,878,423.71 All terms and Conditions of the Original Contract remain unchanged except as hereby modified. BRUCE'S GENERAL CONSTRUCTION, INC. By: Please indicate your acceptance by signing and returning immediately. cepted: [ ] Yes [ ] No DATE: BY: Request for Change To The Contract Agreement with Bruce's General Construction, Inc. 01/17/07 Job No.: 688 RFC No.: 29 Mark all Invoices& correspondence with above Numbers �b: City of Beaumont Julie Roger Theater Pearl St. Description of Request Relaminate counters and cabinets build new doors as per attached quote $ 4850.00 WEE Contractors Overhead and Profit 5% $242.50 Amount of this request: add $ 5 092.50 All terms and Conditions of the Original Contract remain unchanged except as hereby modified. BRUCE'S GENERAL CONSTRUCTION,INC. By: R indicate your acceptance by signing and returning immediately.. C d: [ ] YeS [ ] No DATE: Change To The Contract Agreement with Bruce's General Construction, Inc. (Contract Change Order) Date: 01/15/07 Contract No.: 688 Change No.: 14 Mark all Invoices& correspondence with above Numbers To: City of Beaumont Julie Roger Theater Pearl St. Description of Change Credit for not finishing sheetrock in Stair"F" $ 385.00) Credit for not finishing sheetrock in Foyers#207 and#233 $ 1 500.00 Add for tape bed and paint of new mech.closets in room#107 #211 and#250 includes painting doors $ 1,425.00 Add for tap and bed of new walls for Water coolers in foyers $ 725.00 Add wood trim base in room#107 around columns in 2nd floor#202 #159 and#109 Material $ 452.00 By BGC Labor $ 1560.00 Paint additional wood base approx 250 If $ 212.50 Tape and led additional sheetrock installed to raise floor $ 675.00 Tape and t.ed new sheetrock grid ceilings in entry#102 $ 175.00 Repair damaged wood base in Green room By BGC Material $ 37.50 Labor $ 195.00 Repair dania ed wood paneling in dressing rooms and patch where grills are being removed Material $ 75.00 By BGC Labor $ 390.00 Tape and led new sheetrock in room#213 $ 75.00 Install 3 ne,v doors in A/C closets including new hardware to match Material $ 2,725.00 Labor $ 450.00 Move door in room#246 to meet ADA(includes new door and jamb) Material $ 755.00 Labor $ 520.00 Patch sheetrock around door after moving room#246 and corridor Material $ 65.00 Labor $ 65.00 Tape and bed sheetrock around patch Material $ 25.00 Labor $ 125.00 Contractors Overhead and Profit 5% $442.10 Amount of this change: (add) $ 9,284.10 Previous Contract Amount: $ Total Revised Contract Amount: $ 9,284.10 All terms and Conditions of the Original Contract remain unchanged except as hereby modified. BRUCE'S GENERAL CONSTRUCTION,INC. By: Please indicate your acceptance by signing and returning immediately. ccepted: [ ] Yes [ ) No DATE: BY: Change To The Contract Agreement with Bruce's General Construction, Inc. (Contract Change Order) Date: 01/12/07 Contract No.: 688 Change No.: 21 Mark all Invoices& correspondence with above Numbers To: City of Beaumont Julie Roger Theater Pearl St. Description of Change Automatic sliding door on Main street entrance $ 5 131 00 Demo and debris removal $ 250.00 Glass and glazing of sidelites and transom $ 1,536.00 Electrical connection $ 660. Add brick pavers outside second floor elevator and down to restroom $ 90 1 371. Add J&J carpet to rooms 127,221,223 and 226 with cove base $ 1 871 90 Contractors Overhead and Profit 5% $541.39 Amount of this change: (add) $ 11,369.17 Previous Contract Amount: $ Total Revised Contract Amount: $ 11.364.17 All terms and Conditions of the Original Contract remain unchanged except as hereby modified. BRUCE' RAL STRUCTION,INC. By: Please indicate your acceptance by signing and returning immedi a y. cepted: [ J Yes [ ] No DATE: Change To The Contract Agreement with Bruce's General Construction, Inc. (Contract Change Order) Date: 01/15/07 _ Contract No.: 688 Change No.: 28 Mark all Invoices& correspondence with above Numbers To: City of Beaumont Julie,Roger Theater Pearl St. Description of Change Tape and float and make ready for paint at two drinking fountain areas $ 725.00 Tape and float and make ready for paint new sheetrock in foyer ceiling k81102- $ 175.00 Reverse colors in rooms 242 and 237 $ 3,200.00 Clean tar off wall in room 237 $ 175.00 Contractors Overhead and Profit 5% $213.75 Amount of this chap e: add $ 4,488.75 Previous Contract Amount: $ Total Revised Contract Amount: $ 4 88.75 All terms and Conditions of the Original Contract remain unchanged except as hereby modified. BRUCE'S GENERAL CONSTRUCTION,INC. By: Please indicate your acceptance by signing and returning immediately. Wyccepted: [ ] Yes [ ] No DATE: : Change To The Contract Agreement with Bruce's General Construction, Inc. (Contract Change Order) Date: 01/15/07 .Contract No.. 688 Change No.: 7 Mark all Invoices& correspondence with above Numbers To: City of Beaumont Julie Roger Theater Pearl St. Description of Change Add to paint rooms#149 and#146 Material $ 500.00 Labor $ 1,200.00 Contractors Overhead 5% $ 85.00 Amount of this change: (add) $ 1,785.00 Previous Contract Amount: Revise $ Total d Contract Amount: $ 1,785.00 Ail terms and Conditions of the Original Contract remain unchanged except as hereby modified. BRUCE'S GENERAL CONSTRUCTION,INC. By: Please indicate your acceptance by signing and returning immediately. ccepted;; [ ] Yes [ ] No DATE: BY: \ RESOLUTION NO. WHEREAS, on August 15, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-229 awarding a contract in the amount of$1,845,000 to Bruce's General Construction, Inc., Beaumont, Texas, to furnish all labor, materials, supplies and equipment to renovate the interior of the Julie Rogers Theatre; and, WHEREAS, Change Order No. 1 was executed on November 2, 2006 for plumbing repairs in the amount of$5,331.75 thereby increasing the contract to $1,850,331.75; and, WHEREAS,the City Council of the City of Beaumont,Texas, passed Resolution No. 06-366 on December 5, 2006 approving Change Order No. 2 in the amount of$65,380.01 increasing the contract amountto$1,915,712.76 forthe installation of a concrete ramp and handrails in auditorium entrances, additional plaster repair in the auditorium ceiling and installation of rubber flooring in concession areas and elevator; and, WHEREAS, Change Order No. 3 in the amount of $9,979.20 executed on December 12, 2006 for additional paint prep work on auditorium ceiling beams due to water damage; and, WHEREAS, Change orders No. 4, 5 and 6 were required as shown below: Change Order No.4 submitted December 12, 2006 in an amount of$17,139.07 includes: 1) Installation of new ceiling grids and ceiling tiles in foyers and stairways, control room, 2nd floor concession area, and 1 St floor meeting room. These areas were omitted in the original plans and specifications. After construction began and these areas were opened, damaged ceiling tiles and rusted grids were discovered. 2) Installation of drywall in restrooms to accommodate raised floor. Drywall had to be raised to accommodate raised floor in restrooms. 3) Add an overlay of sheetrock to paneled rooms previously scheduled for repainting in the 2nd floor offices. The existing paneled walls were scheduled to be painted but upon closer inspection, damage to the 30 year old paneling was noted, thus the decision was made to overlay the paneling with sheetrock. 4) Furnish and install acoustical ceilings in 2"d floor north and south corridors. The original plans called for recessed lighting with plaster ceilings. Since these are office and dressing room corridors that will not be open to the public, it was decided to lower the ceiling and install acoustical tiles. 5 Replacement of rusted metal studs found in restroom walls janitor closets and other P .J interior room walls. The studs were rusted from water leaks not known until existing I walls were removed. Change Order No. 5 submitted December 13, 2006 in an amount of $38,396.45 includes: 1) Leveling of restroom floors.After demolition of existing restrooms, itwas discovered that the floors were not level due to the settling of the foundation on the north and south sides of the building. The floors need to be raised 2 '/2 to 3 '/2 inches to accommodate the installation of new restroom facilities and flooring. After consulting with a structural engineer, it was determined that the floors could be leveled by using concrete and a leveling compound. In addition, all plumbing stub outs and drains must be raised to accommodate the new floor. 2) Additional stencil work by Conrad Schmitt in the west auditorium entrances. Conrad Schmitt's original bid included lobby and hallway stencils. It was decided to continue the same pattern in auditorium vestibules. The cost for this additional artistic stenciling is $2,278.50. 3) Plumbing repairs. These include replacing air conditioning drains, storm drains and miscellaneous plumbing repairs. Change Order No. 6 submitted December 21, 2006 in an amount of $71,896.82 includes: 1) New and revised lighting. The original specifications for lighting were based on a decorating scheme designed by LaBiche Architectural Group. The award of the construction bid included an alternate bid item using the artistic design work by Conrad Schmitt Studios for painting the lobby walls, auditorium and corridors. The design scheme includes beautiful floral patterns in soft pastels, stenciled and hand painted on wall panels and hand-painted ceiling murals. The lighting fixtures originally specified are not appropriate for the new design concept. Included in this change order are new chandeliers for the north and south lobbies. The contractor allowed $10,715 in his bid for cleaning and repairing the existing chandeliers. New chandeliers were selected after it was discovered that the existing chandeliers had damage beyond repair. The price forthe four chandeliers including four mechanical lowering devices, new wiring and wall controls, and installation is $55,060. In addition, new chandeliers not scheduled for replacement in the original bid were selected for the Green Room, the Ticket Lobby and corridors. Most of the cost was offset by the deletion of numerous fixtures originally specified that did not compliment the architectural integrity of the building. Change Order No.'s 4, 5 and 6 in the total amount of $127,432.29 increased the contract amount to $2,053,123.25; and, WHEREAS, Change Order No.'s 7, 8 and 9 were required as shown below: New Contract Executed Reason Amount Amount No. 7 1/18/07 Cabling installation $5,363.35 $1,986,589.78 No. 8 1/23/07 Drywall, insulation, cleanup and debris removal, misc. a/c changes $6,444,82 $2,064,931.42 No. 9 1/23/07 Sheetrock for 14 doorways, tape, float and paint, new base trim $3,606.75 $2,068,538.17 and, WHEREAS, Change Order No.'s 10 - 15 are required as shown below: Change Order No. 10 in an amount of$24,733.91 includes: Material and labor to modify auditorium floor to accommodate new seating layout. Electrical and communication lines to be relocated in this area. Paint both the auditorium and balcony concrete floors. Change Order No. 11 in an amount of$5,092.50 includes: New laminate countertops and new cabinet doors in second floor concession area. Change Order No. 12 in amount of $9,284.10 includes: Miscellaneous repairs in various rooms and corridors. Change Order No. 13 in an amount of$11,369.17 includes: New carpet to be installed in the performer's dressing rooms, which includes one on the 1st level and three on the 2nd level; A brick paved floor similar to the southeast entrance lobby floor; i Installation of an automatic door, new glass and glazing of the sidelites and transom and electrical connections. Change Order Nos. 14 and 15 in an amount of$6,273.75 include: Remodel the wall inset to mount ADA drinking fountains and additional painting. Paint the Rose Room and Chorus Dressing Rooms. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the City Manager be and he is hereby authorized to execute Change Order No.'s 10 - 15 in the total amount of$56,753.43 thereby increasing the contract amount to $2,125,291.60. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. i - Mayor Guy N. Goodson - 5 January 30, 2007 Consider approving a lease agreement with Memorial Hermann Baptist Hospital relating to property within Central Park .U,. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 18, 2007 REQUESTED ACTION: Council approval of a lease agreement. RECOMMENDATION The Administration recommends approval of an agreement to lease a 1.413 acre tract of land within Central Park to Memorial Hermann Baptist Beaumont Hospital for $2,000 per month. BACKGROUND A 1.413 tract of land located between the National Guard Armory and Memorial Hermann Baptist Beaumont Hospital (Memorial)was retained with Central Park. Memorial has made a request to lease the land for materials storage while a new hospital wing is under construction. This portion of land is not utilized by the Park, thus no activities at the Park will be affected. The attached map indicates the location of this tract. Memorial plans to lease the property for a period of eighteen(18)months beginning March 2007. Memorial will be responsible for all repairs necessary to bring the property to its present condition upon expiration of the lease agreement. A rental analysis of the subject property was conducted by Bishop Real Estate Appraisers,Inc. Their analysis concluded that the property's current rental value is $2,000 per month. This action is recommended by the City Manager, Director of Public Works and Capital Projects Manager. BUDGETARY IMPACT Lease payments will be deposited to the General Fund. 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 a lease agreement, substantially in the form attached hereto as Exhibit "A," with Memorial Hermann Baptist Beaumont Hospital for a 1.413 acre tract of land within Central Park to be used for materials storage PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. - Mayor Guy N. Goodson - THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT This lease agreement is made and entered into by and between the CITY OF BEAUMONT (Landlord) and MEMORIAL HERMANN BAPTIST BEAUMONT HOSPITAL (Tenant). Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain property described as a 1.413 tract of land located between the National Guard Armory and Memorial Hermann Baptist Hospital within the City of Beaumont's Central Park on College Street, as illustrated in Exhibit"A" in the City of Beaumont, Jefferson County, Texas, hereinafter called the "leased premises." The primary term of this lease shall be for a term not to exceed eighteen (18) months commencing on the day of , 2007 and ending at 11:59 p.m. on the day of , 2008 upon the following terms, conditions and covenants: 1. UTILITIES. Tenant shall pay all charges for utility services to the leased premises including all connection and turn-on charges. 2. HOLDING OVER. Failure of Tenant to surrender the leased premises at the expiration of the lease or any extension thereof constitutes a holding over which shall be construed as a tenancy from month to month at the same rate per month. 3. RENT. Tenant agrees to and shall pay Landlord at City Hall, Cash Management Division, 801 Main Street,Suite 110 or by mailing to City of Beaumont,Cash Management Division, P.O. Box 3827, Beaumont, Texas 77704, or at such other place Landlord shall designate from time to time in writing, as rent for the leased premises, the sum of Two Thousand Dollars and No Cents ($2000.00) payable per month, in advance, on or before the day of each month, commencing on and continuing thereafter until the term of the lease expires. Rent received after the first day of the month shall be deemed delinquent. If rent is not received by Landlord by the fifteenth (15th) day of each month, Tenant shall pay a late charge of One Hundred Dollars ($100.00) plus a penalty of Twenty-five Dollars ($25.00) per day until rent is received in full. Tenant shall pay Twenty-Five Dollars ($25.00) for each returned check. 4. USE. Tenant shall use the leased premises for the following purpose and no other: materials storage while a new hospital wing is under construction. 5. INSURANCE. Tenant shall provide public comprehensive general liability insurance including broad-form coverage, which policy shall cover the Landlord as well as the Tenant. Said insurance policies required to be provided by Tenant herein shall name Landlord as an additional insured and shall be issued by an insurance company approved by Landlord. Tenant shall provide Landlord with certificates of insurance evidencing the coverage required herein. Tenant shall be solely responsible for fire and casualty insurance on Tenant's property on or about the leased . premises. Tenant is required to give Landlord thirty(30)days notice of cancellation or nonrenewal of insurance. If Tenant does not maintain such insurance in full force and effect, Landlord may Page 1 of 5 EXHIBIT "A" immediately terminate this lease. 6. CONDITION OF PREMISES. Tenant has examined and accepts the leased premises in its present as-is condition as suitable for the purposes for which the same are leased. 7. ALTERATIONS. All alterations,additions and improvements installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions and improvements may only be made with the prior written consent of Landlord,which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No structure of any kind shall be placed on the leased premises by Tenantwithout prior writter, permission of Landlord. If such permission is granted, such work,or installation shall be done at Tenant's expense and in such a manner that the leased premises shall not be damaged thereby. Upon termination of this lease, Tenant shall remove or cause to be removed from the leased premises any such structure(s)if directed to do so by Landlord. Tenant shall promptly repair at its Expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration and casualty loss not caused by Tenant only excepted. Any damage caused by the installation or removal of structure(s) shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions and repairs made by Tenant shall be made in a good and workmanlike manner. 8. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its own expense, comply with all laws, orders and requirements of all governmental entities with reference to the use and occupancy of the leased premises. Tenant and Tenant's agents,employees and invitees shall fully comply with any rules and regulations governing the use of the structures or other improvements to the leased premises as required by Landlord. Landlord may make reAsonable changes in such rules and regulations from time to time as deemed advisable for the safety, care and cleanliness of the leased premises, provided same are in writing and are not in conflict with this lease. 9. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this lease nor sublet the leased premises or any interest therein without first obtaining the written consent of Landlord. An assignment or subletting without the written consent of Landlord shall be void and shall, at the option of Landlord, terminate this lease. 10. TENANT DEFAULT AND REMOVAL OF ABANDONED PROPERTY. IfTenantabandons the premises or otherwise defaults in the performance of any obligations or covenants herein, Landlord may enforce the performance of this lease in any manner provided by law. This lease may Ioe terminated at Landlord's discretion if such abandonment or default continues for a period of ten (10) days after Landlord notifies Tenant of such abandonment or default and of Landlord's intention to declare this lease terminated. Such notice shall be sent by Landlord to Tenant at Tenant's last known address by certified mail. If Tenant has not completely removed or cured default within the ten (10)day period,this lease shall terminate. Thereafter, Landlord or its agents shall have the right,without further notice or demand, to enter the leased premises and remove all Page 2 of 5 property without being deemed guilty of trespass and without waiving any other remedies for arrears of rent or breach of covenant. Upon abandonment or default by the Tenant, the remaining unpaid portion of the rental from Paragraph 4 herein shall become due and payable. For purposes of this section, Tenant is presumed to have abandoned the premises if goods, equipment or other property, in an amount substantial enough to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of Tenant's business. Landlord shall have the right to store any property of Tenant that remains on premises that are abandoned;and, in addition to Landlord's other rights, Landlord may dispose of the stored property if Tenant does not claim the property within sixty (60)days after the date the property is stored, provided Landlord delivers by certified mail to Tenant at Tenant's last known address,a notice stating the Landlord may dispose of Tenant's property within sixty(60)days after the date the property is stored. 11. EXCLUSION OF TENANT. Landlord may not intentionally prevent Tenant from entering. the leased premises except by Judicial process unless the exclusion results from (1) bona fide repairs, construction or an emergency, or (b) removing the contents of premises abandoned by Tenant. 12. LIEN. Landlord is granted an express contractual lien, in addition to any lien provided by law, and a security interest in all property of Tenant found on the leased premises to secure the compliance by Tenant with all terms of this lease. 13. INDEMNITY. Landlord and its employees and agents shall not be liable to Tenant or to Tenant's employees,patrons,visitors,invitees or any other persons for any such injury to any such persons or for damage to personal property caused by an act, omission or neglect of Tenant or .Tenant's agents or of any other tenant of the premises of which the leased premises is a part. Tenant agrees to indemnify and hold Landlord and its employees and agents harmless from any and a i claims for such injury and damages, arising out of the use or condition of the leased premises. This indemnity expressly includes allegations of negligence on the Part of Landlord, its agents, officers and employees. 14. SIGNS BY TENANT. Tenant shall not post or paint any signs at, on or about the leased premises except with the prior written consent of Landlord. Landlord shall have the right to remove any sign or signs in order to maintain the leased premises or to make any repairs or alterations thereto. 15. SIGNS BY OWNER. During the last thirty (30) days of this lease, a "For Sale" sign and/or a "For Lease" sign may be displayed on the leased premises and the leased premises may be shown at reasonable times to prospective purchasers or tenants. 16. TENANT BANKRUPTCY. If Tenant becomes bankrupt or makes voluntary assignment for the benefit of creditors or if a receiver is appointed for Tenant, Landlord may terminate this lease by giving five (5) days written notice to Tenant of Landlord's intention to do so. 17. CONDEMNATION. If the whole or any substantial part of the leased premises is taken for any public or quasi-public use.under any governmental law, ordinance or regulation or by right of eminent domain or should the leased premises be sold to a condemning authority under threat of condemnation,this lease shall terminate and the rent shall be abated during the unexpired portion of thE: lease effective from the date of the physical taking of the leased premises. Page 3 of 5 i 18. NOTICES. Notices to Tenant shall be by certified mail or other delivery to the leased premises or to Tenant's last known address. Notices to Landlord shall be by certified mail to the place where rent is payable. 19. DEFAULT BY LANDLORD. In the event of breach by Landlord of any covenant,warranty, term or obligation of this lease then Landlord's failure to cure same or commence a good faith 9 g effort to cure same within ten (10) days after written notice thereof by Tenant shall be considered a default and shall entitle Tenant to either terminate this lease or cure the default and make the necessary repairs,and any expenses incurred by Tenant shall be reimbursed by the Landlord after reasonable notice of the repairs and expenses incurred. 20. RIGHT OF ENTRY. Landlord shall have the right during normal business hours to enter the leased premises(a)to inspect the general condition and state of repair thereof, (b)to make repairs required or permitted under this lease, or (c) any other reasonable purpose. 21. WAIVER OF BREACH. The waiver by Landlord of any breach of any provision of this lease shall riot constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this lease. 22. TIME OF ESSENCE. Time is expressly declared to be of the essence in this lease. 23. BINDING OF HEIRS AND ASSIGNS. Subject to the provisions of this lease pertaining to assignment of the Tenant's interest, all provisions of this lease shall extend to and bind, or inure to the benefit not only of the parties to this lease but to each and every one of the heirs, executors, representatives, successors and assigns of Landlord or Tenant. 24. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies by this lease agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 25. TEXAS LAW TO APPLY. This agreement shall be construed under and in accordance with the laws of the State of Texas. 26. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,illegality or unenforceability shall not affect any other provision hereof and this agreement shall !be construed as if such invalid, illegal or unenforceable provision had neverbeen contained herein. 27. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this lease. 28. AMENDMENT. No amendment, modification or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parties. 29. ATTORNEYS' FEES. Any signatory to this lease agreement who is the prevailing party in Page 4 of 5 any legal proceeding against any other signatory brought under or with relation to this lease agreement or the transaction shall be additionally entitled to recover court costs, reasonable attorney fees and all other out-of-pocket costs of litigation, including deposition,travel and witness costs, from the non-prevailing party. 30. TERMINATION. Tenant may terminate lease prior to expiration date by providing Landlord thirty (30) days written notice. EXECUTED this day of , 2.007. TENANT: LANDLORD: MEMORIAL HERMANN BAPTIST CITY OF BEAUMONT BEAUMONT HOSPITAL ✓� Terry Scott Kyle Hayes Director of Facilities City Manager Address: Address: Memorial Hermann Baptist Beaumont Hospital Executive Offices 3080 College St. City of Beaumont Beaumont, TX 77704 801 Main Street Beaumont, TX 77701 Telephone: Telephone: (409) 212-5081 (409) 880-3716 Page 5 of 5 SUBJECT _ CEDAR 9 OLLYWOOD CKOCKETT 419 CPOCK z_ v W. 6RENHAM O IE F Z� P PROPOSED LEASE FANNIN e C) OF B M .d O H F r- Central P CENTRAL PARK g MEDICAL SP• Park L Vim!` FO Q G PROPERTY N 17 w 9L u 90 9L y � U � yL OY L ~ L JO CHI r Ln F- ) 5LANICHET-TE ? F CH LEGEND Bou AR Q LI AR w = w w Q � ) C Q SUBJECT PROPERTY LOCATION MAP N.T.S. FANN/N STREET 996.10W 89'58 51"E R N °o 0 0 CENTRAL PARK y w W h v � e 851.20 N 89'59 20"E N•T•cJ. 0 351.207V 89'59'20'E 300.00 N 89'59'20"E j w m` a N q BEST YEARS c .°o c CENTER e o c y � h h � h 300.00N 89'59'20'E U.S. GOVERNMENT 4TH ARMY 344.89 N 8958'51"E �g 9 (� TEXAS ;;,p o NATIONAL oh ptip �' GUARD N 89'5851'E N 89'5851" E 344.89' 280.37' COLLEGE STREET START-NRPf.Gwy ! G January 30, 2007 Consider approving an ordinance approving five early voting polling locations as well as designated early voting days and times Cit Co ' y uncil Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Rose Ann Jones, City Clerk MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 24, 2007 REQUESTED ACTION: Council consider an ordinance approving five early voting polling locations as well as designated early voting days and times. RECOMMENDATION Administration recommends five early voting polling locations be available for early voting from April 30, 2007 through May 8, 2007, excluding Sunday, May 6, 2007. BACKGROUND A worksession was held with the City Council on Tuesday, January 23, 2007, regarding the possibility of having five polling locations for early voting. The early voting location previously used, the City Clerk's Office, will remain as the Main Early Voting Location. Early Voting will begin April 30, 2007, ending May 8, 2007, excluding Sunday, May 6, 2007. The locations for Council consideration are as follows: Main Early Voting Location City Hall - City Clerk's Office 801 Main Suite 125 Beaumont TX 77701 Additional Branch Early Voting Locations will be as follows: Ward I Wesley United Methodist Church 38 10 N. Major Dr. Beaumont TX 77713 Ward Il Rogers Park Community Center 0 1455 Dowlen Rd. Beaumont TX 77706 Ward III Sterling Pruitt Activity Center 2930 Gulf St. Beaumont TX 77703 Ward IV Lamar University Women's Gym University Dr& East Lavaca Beaumont TX 77705 Early voting by personal appearance will be held as follows: Monday, April 30, 2007 8:00 a.m. to 5:00 p.m. Tuesday, May 1, 2007 7:00 a.m. to 7.00 p.m. Wednesday, May 2, 2007 8:00 a.m. to 5:00 p.m. Thursday, May 3, 2007 8:00 a.m. to 5:00 p.m. Friday, May 4, 2007 8:00 a.m. to 5:00 p.m. Saturday, May 5, 2007 8:00 a.m. to 5:00 p.m. Monday, May 7, 2007 8:00 a.m. to 5:00 p.m. Tuesday, May 8, 2007 7:00 a.m. to 7:00 p.m. BUDGETARY IMPACT The four additional polling locations will cost an estimated$10,000 more than previous elections. Funds are available in the City Clerk's Operating Budget. ORDINANCE NO. ENTITLED AN ORDINANCE DESIGNATING POLLING LOCATIONS FOR EARLY VOTING AND PROVIDING AN ADDITIONAL DAY OF EARLY VOTING ON SATURDAY DURING THE PERIOD OF APRIL 30, 2007, THROUGH MAY 8, 2007 FOR THE CITY GENERAL ELECTION TO BE HELD ON MAY 12, 2007. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the following locations will be designated as early voting polling locations during the period of April 30, 2007, through May 8, 2007, for the City general election to be held on May 12, 2007: Main Early Voting Location: City Hall - City Clerk's Office 801 Main, Suite 125 Beaumont, Texas 77701 Branch Early Voting Locations: Ward f: Wesley United Methodist Church 3810 N. Major Drive Beaumont, Texas 77703 'Ward Il: Rogers Park Community Center 1455 Dowlen Road Beaumont, Texas 77706 Ward III: Sterling Pruitt Activity Center 2930 Gulf Street Beaumont, Texas 77703 Ward IV: Lamar University Women's Gym University Drive & East Lavaca Beaumont, Texas 77705 BE IT FURTHER ORDAINED THAT early voting will be conducted at the designated early voting polling locations Monday through Saturday as shown below: Monday, April 30, 2007 8:00 a.m. to 5:00 p.m. Tuesday, May 1, 2007 7:00 a.m. to 7.00 p.m. Wednesday, May 2, 2007 8:00 a.m. to 5:00 p.m. Thursday, May 3, 2007 8:00 a.m. to 5:00 p.m. Friday, May 4, 2007 8:00 a.m. to 5:00 p.m. Saturday,y, ay 5, 2007 8:00 a.m. to 5:00 p.m. Monday, May 7, 2007 8:00 a.m. to 5:00 p.m. Tuesday, May 8, 2007 7:00 a.m. to 7:00 p.m. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. M - Mayor Guy N. Goodson - • 7 January 30, 2007 Consider authorizing the City Manager to execute a Memorandum of Understanding between the City of Beaumont and Crockett Street Entertainment, Mardi Gras on the Neches, Inc. and Parades Unlimited s ...... City Council Agenda Item TO: City Council FF:OM: Kyle Hayes, City Manager MEETING DATE: January 30, 2007 AGENDA MEMO DATE: January 26, 2007 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Memorandum of Understanding between the City of Beaumont and Crockett Street Entertainment,Mardi Gras on the Neches, Inc. and Parades Unlimited. RECOMMENDATION Administration recommends authorizing the City Manager to execute the Memorandum of Understanding. BACKGROUND Crockett Street Entertainment has had a one-day Mardi Gras celebration within the Crockett Street Entertainment District since opening their doors. Crockett Street Entertainment has joined with Mardi Gras on the Neches, Inc. and Parades Unlimited with a desire to expand the celebration. The groups plan to have events in the downtown area from February 15'h through February 18'. The above parties are responsible for the parades and activities over the four-day period. The City of Beaumont will provide police protection,paid for by the above entities, for all of the activities and will be responsible for trash pick-up on the streets and public rights of way. The requirements of all parties are stipulated in the attached agreement including insurance coverage requirements. A calendar of events and map of the parade route is also attached for your review. BUDGETARY IMPACT The Public Works Department will incur expenses above the $500 parade permit fee for street sweeping,installing and removing barricades and picking up trash and debris. However, funds are available in the Public Works Department's operating budget to cover these costs. • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BEAUMONT, TEXAS, CROCKETT STREET ENTERTAINMENT, MARDI GRAS ON THE NECHES, INC. AND PARADES UNLIMITED THIS AGREEMENT is made by and between the City of Beaumont, Texas ("City"), Parades Unlimited, Inc., and Crockett Street Entertainment by and through Mardi Gras on the Neches, Inc. ("MGN"). WITNESSETH : WHEREAS, Crockett Street Entertainment, MGN and Parades Unlimited are desirous of having a three (3) day celebration of Mardi Gras in Beaumont; and, WHEREAS, the City, Crockett Street Entertainment, MGN and Parades Unlimited desire to enter into this Agreement defining and coordinating the duties and responsibilities of the parties to this Agreement to facilitate the expeditious and efficient organization of Mardi Gras activities; and, NOW, THEREFORE, it is hereby agreed that the City, Crockett Street Entertainment, MGN and Parades Unlimited enter into the Agreement regarding said Mardi Gras activities scheduled for 2007. 1. General Provisions. During the Mardi Gras period February 15th- February 18.1h, 2007, MGN and Parades Unlimited shall, as the responsible parties, coordinate and schedule their respective public Mardi Gras events and functions. • GARMWAGREEMENTS\MARDI GRAS.WPD Page 1 1/25107 EXHIBIT "A" 2. Duties of MGN and Parades Unlimited. MGN and Parades Unlimited do hereby agree to be responsible for the following activities in connection with Mardi Gras 2007, at its expense with certain income or revenues associated therewith: (a) MGN shall identify the area for such Mardi Gras celebration activities subject to the approval and designation of the City Manager or his designee(s). This area shall include a general "Entertainment Area" and a "Children's Amusement Area." These areas are shown on the attached Exhibit "A." Any changes, modifications or amendments to the original site plan approved by the City Manager shall also be submitted to the City Manager for further review and approval. Parades Unlimited shall identify the parade route subject to the approval of the City Manager or his designee(s). This route is shown on the attached Exhibit "B." The City is to also be provided with a schedule of parade times and a description of the manner in which the parade is to be conducted. (b) MGN is hereby appointed to coordinate all vendor activities conducted on public lands and streets within the Entertainment and Children's Amusement Areas during the Mardi Gras period giving special attention to the hours of operation, location, products, costuming, booth design and vendor permit fees. Vendors within the Entertainment Area must obtain permission from MGN before obtaining a vendor permit from the City if one is required. MGN shall use its best efforts to avoid locating a temporary vendor beneath a window from which beads, doubloons or other trinkets are thrown. Page 2 GARMMAGREEMENTS\MARDI GRAS.WPD 1/25/07 (c) MGN and Parades Unlimited shall obtain approval for any street closure for Mardi Gras festivities as outlined in Section 26-91 of the Beaumont Code of Ordinances. (d) MGN agrees to arrange for fencing for the Entertainment and Children's Amusement Areas and the areas which MGN intends to fence shall be approved by the City. MGN shall determine the location of fencing gates with the approval of City and shall prepare all passes, provide attendants, provide gate attendant information sheets, and prepare appropriate signage to the entrance gates. MGN agrees to contact the Fire Chief/Fire Marshal to determine the proper location for emergency gates. (e) MGN is responsible for arranging for the Entertainment Area performers, workers and entertainers, ticket sales to the Entertainment Area; and obtaining clearances and approval from the City Manager or his designee when required to accomplish particular tasks. MGN shall be entitled to all revenues except as otherwise herein expressly provided from the Entertainment and Children's Amusement Areas. (f) MGN shall be responsible forthe platform stages in the Entertainment Area, including constructing, erecting and putting up the stages and taking them down after the festival, and arranging for necessary permission from private property owners or lessees for locations used by MGN for its events. Page 3 GARMMAGREEMENTS\MARDI GRAS.WPD 1125107 (g) MGN shall provide sufficient sanitary port-a-cans(portable toilets),and shall be responsible for the site location of same, determining the number required, and providing a map for locations of said port-a-cans. (h) MGN and Parades Unlimited shall provide trash barrels in the Mardi Gras Entertainment and Children's Amusement Areas and along the parade route. (i) MGN shall be responsible for decorating the streets and the street lights as approved by the City. 0) MGN shall be responsible for the cleanup of the Mardi Gras Entertainment Area including all fenced areas. Parades Unlimited shall be responsible for cleanup of all private areas and all areas along the parade route. The City shall clean up trash in the streets and public rights of way. (k) The City of Beaumont reserves the right to determine the number of onsite EMS and police personnel to be used for adequate security. Parades Unlimited and MGN shall be responsible for all expenses related to police personnel. (1) Parades Unlimited and MGN shall obtain, at their sole cost and expense and cause to be kept in full force and effect at all times during the Mardi Gras festival, a legally binding policy of insurance issued by Best-rated carriers approved to do business in the State of Texas by the State Insurance Commission. The insurance coverage under such policy shall be comprehensive general public liability insurance, and shall name and include the City, its officers, employees and agents as additional named insureds, protecting them from liability from any such Page 4 GARMW�AGREEMENTS\MARDI GRAS.WPD g 1/25/07 matters arising out of the Mardi Gras festival and parade. The policies must be endorsed to state that the coverage extended to the City of Beaumont, its officers, employees and agents, is to be primary irrespective of any other primary insurance coverage maintained by the City of Beaumont. The limits of coverage under the policy shall be a minimum of One Million Dollars ($1,000,000.00) combined single limit coverage for death of or injury to person and/or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for MGN and indemnification of the City. Parades Unlimited and MGN shall also, at their sole cost and expense, obtain and cause to be kept in full force and effect at all time during the Mardi Gras festival, where applicable, a legally binding policy of liquor liability insurance and shall name the City, its officers, employees and agents as additional named insureds. The limits of coverage under this policy shall be a minimum of One Million Dollars ($1,000,000.00). The coverage provided under any of the above policies of insurance shall be on a per occurrence basis. The naming of the City, its officers, employees and agents as additional named insureds in the policy shall not thereby cause them to be deemed partners or joint venturers with MGN and Parades Unlimited. The policies shall be performable in Beaumont, Jefferson County, Texas, and shall be construed in accordance with the laws of the State of Texas. A certificate of all such insurance coverage shall be delivered to the City through its City Manager no later than Friday, February 9, 2007. The policy shall provide that it shall not be subject to cancellation by the insurers except upon delivery of written notice to the City Manager at least Page 5 GARMMAGREEMENTS\MARDI GRAS.WPD g 1/25/07 ten (10) days prior to the effective date of cancellation; and, in such case, MGN and/or Parades Unlimited shall, prior to the effective date of cancellation, secure substitute policies furnishing the same coverages set forth above. The furnishing of such insurance coverage shall not, in any way, limit or satisfy any of MGN's or Parade Unlimited's obligations under this section. The requirements for liquor liability insurance and a license for the sale of alcoholic beverages shall also apply to any individual or group selected by MGN to sell alcoholic beverages during the Mardi Gras Festival. (m) MGN shall provide the City Manager with an appropriate valid license to sell alcoholic beverages within the Entertainment Area as issued by the Texas Alcoholic Beverage Commission no later than Friday, February 9, 2007. (n) Crockett Street Entertainment, MGN and Parades Unlimited shall covenant and agree to indemnify and to save and hold harmless the City, its agents, officers and employees, and any persons from the following: (i) Any and all liabilities, losses, damages, costs, charges and other expenses of every kind and character, any of which for any reason whatsoever that may arise out of or be attributable, directly or indirectly, to the occurrence of the Mardi Gras Festival or parade, or the construction, maintenance, existence, operation, repair or removal of any bench, stage, shelter or other type of structure on the Mardi Gras Entertainment Area, Children's Amusement Area or parade route; and GARMMAGREEMENTS\MARDI GRAS.WPD Page 6 1/25/07 0 (ii) Any judgment resulting therefrom and expenses connected with any such claims, actions or suits aforementioned including, but not limited to, attorney's fees; and (iii) Upon the option of the City, the duty to defend against any such claims, actions or suits, whether groundless or otherwise. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with Mardi Gras, said expenses to be reimbursed by MGN and/or Parades Unlimited: (a) The City agrees to coordinate with MGN, Parades Unlimited, and any other necessary entities in order to arrange for all security in public areas (including but not limited to the Mardi Gras Entertainment Area, Parade Route, BleacherArea, Stage Area, etc.) as well as coordinate all traffic to and from and around the Parade Area. The adequacy and number of security officers and emergency medical services during the times of the events shall be determined by the City of Beaumont. Once any parade begins, the City, MGN and Parades Unlimited agree that the Police Department shall be in complete charge of the parade. (b) The City will be responsible for installing barricades along the Parade Route and for other processions and shall be the sole judge of where the barricades will be placed as well as the number of barricades necessary. MGN and Parades Unlimited shall be responsible for the costs associated with the installation of barricades. Page 7 GARMMAGREEMENTS\MARDI GRAS.WPD g 1/25/07 (c) The City shall issue all temporary concessions permits along the Parade Route in properly zoned areas. (d) The City shall be responsible for approving or disapproving all banners, signage and advertisements to be installed on or above the City right-of- way and within the Mardi Gras Entertainment Area or along the parade route after MGN or Parades Unlimited has first approved or proposed same. (e) The City shall have the right of approval over all Mardi Gras activities occurring or taking place on City streets, alleys and rights-of-way within the Entertainment Area after MGN has approved or proposed same. 4. Compliance with Laws. MGN and Parades Unlimited shall comply with all laws of the United States, and of the State of Texas, all ordinances of the City of Beaumont, and all rules and requirements of the Police and Fire Departments, or other municipal authorities of the City of Beaumont and will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done, anything on said premises during the term of this agreement in violation of any such laws, regulations or ordinances on the part of MGN or Parades Unlimited, or of any person employed by or admitted to the said premises by MGN or Parades Unlimited. MGN and Parades Unlimited will immediately desist from and correct such violation. Continued uncorrected violations brought to the attention of MGN or Parades Unlimited will result in immediate termination of the function in breach of this agreement. Pace 8 GARMMAGREEMENTS\MARDI GRAS.WPD 1 1/25/07 6. Amendments. This Agreement shall not be altered or amended without the prior written consent of all parties hereto as to such alteration or amendment. SIGNED and AGREED TO on the day of. 12007. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: City Secretary CROCKETT STREET ENTERTAINMENT By: Jeff McCarson ATTEST: MARDI GRAS ON THE NECHES, INC. By: Art Hanson ATTEST: PARADES UNLIMITED, INC. By: Mark Stratton ATTEST: 40 GARMMGREEMENTS MARDI GRAS.WPD Pa e 9 1/25/07 EVENTS CALANDER February 15, 2007 Thursday- No Parade Gates Open @ 6:00 p.m. Wristband night for Carnival Concert 9:00 p.m. "Cross Canadian Ragweed" All activities ended @ 1:30 a.m. February 16, 2007 Friday Gates Open @ 6:00 p.m. Parade Starts 7:30 — 8:30 p.m. Concert @ 10:00 p.m. (Blackstone Cherry) All activities ended @ 1:30 a.m. February 17, 2007 Saturday Gates Open @ Noon 12:00 p.m. Children activities & shows All Day Live Music - All Day until Close Parade Starts 6:00 — 7:00 p.m. Concert Starts @ 10:00 p.m. (Jazz Inovators) All activities ended @ 1:30 a.m. February 18, 2007 Sunday Gates Open @ Noon 12:00 p.m. Children activities & shows All Day Parade starts @ 2:00 — 3:00 p.m. Live Music — All Day until Close Closing Concert — (Aaron Neville and the Neville Brothers) Night Clubs shut down @ 2:00 a.m. A N 500-599 MAGAZINE ST A cp 7-4 cp C) CD 1E ? CD c!n C." co C.0 co o CD f.0 z > :2 z > c cl) N -4 200-399 ELIZABE7rV'S C) C) o CIE, STA EA > 17, z z rn C�- (n 200-299 RY k 01p, STA EA cn 200-399 TEVIS S 0 00 .40 6�0 cn ENTI=ITT CCMPLEX 0 "0 c"W IrA ARTMUSELIM Iro Sb c JEFF THEATR 0. 4� 0 1100 0 1& s°° 1000 19, 1919 �9 Qi;Q o Zr 0 IS51 ip 1? 01- "Y' - -4. 6 010 b"M 00 11 g 19 1% -N�- cp c" 01- RCM 02, CHAIN (90, 4� 0 CO POLICE *FR C C IN H 7 :-'CE BARRACADE 1919 �oo M� ME RA ALTRARADEROUTE QIP STAGINGAREA OUT PARADE ROUTE PARK ST Streets all other value- M,E (bob c-k CHILDREN'S AREA 0-0 OF?L��AJVS Sr ENTERTAINMENT-,OMPLE)f 01- STAGINGALRE�M • City Boundary 00 0 Railroads (0 'J • 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 a Memorandum of Understanding, substantially in the form attached hereto as Exhibit"A,"with Crockett Street Entertainment, Mardi Gras on the Neches, Inc. and Parades Unlimited for Mardi Gras activities in Beaumont from February 15 - February 18, 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of January, 2007. - Mayor Guy N. Goodson - •