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HomeMy WebLinkAboutPACKET NOV 01 1983 CONSENT AGENDA NOVEMBER 1, 1983 * Approval of Minutes. a. A resolution authorizing release of securities pledged as security for bank deposits. b. A resolution making committee appointments. c. A resolution accepting street and utility improvements in Greenfield Village, Part One, Section One. d. A resolution accepting as complete the demolition of a structure at 2065-2067 Leiper and authorizing final payment to the contractor. e. A resolution authorizing purchase of a lamp housing assembly replacement for the Visual Approach Slope Indicator system. f. A resolution authorizing execution of a contract for ap- praisal services for the Crockett Connector TIP Project. g. A resolution authorizing execution of a contract for ap- praisal services for the Crockett Connector TIP Project. a. October "27, ,1983 Council Letter 94 • .. J ^*am ^!sett Y ` # i llvft ;�.� r .y. Honorable Mayor_and Members of City Council .Subject: Release of-Securities . The City's bank-deposits are in the process of.being transferred from Texas Commerce Bank-Beaumont to First City Bank under the new depository contract which became effective October 1st. As the transfer continues, Texas Com- merce is gradually reducing the collateral pledged against the deposits. The bank has requested .that the City authorize-the withdrawal of another $5,240,000 in treasury notes. and various kinds of bonds, thereby reducing the collateral to $9,985,000. City deposits in this bank will total less than $500,000 as of November 1st. It is recommended that the withdrawal be authorized. Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, the City of Beaumont and the Texas Commerce Bank of Beaumont, Texas, entered into a contract October 1 , 1981 , whereby it was provided that the Texas Commerce Bank , N.A. , of Beaumont, Texas, would pledge with the City Council of the City of Beaumont certain securities in lieu of giving bond as City Depository; and, WHEREAS, the Texas Commerce Bank of Beaumont, Texas, wishes to withdraw the following securities from the Texas Commerce Bank Houston, N.A. : RECEIPT NO. DESCRIPTION PAR VALUE 174452 Judson ISD UT; due 12/01/88 $ 50,000 .00 176131 Livingston ISD U/T; due 12/15/88 30, 000. 00 210372 Cross Roads ISD U/T; due 1/15/89 55,000. 00 389772 Brazos R A Canal Rev; due 2/01/89 100,000. 00 389780 Cypress-Fairbanks ISD UT; 50,000. 00 due 2/01/89 172372 Baytown; due 2/01/89 50,000. 00 178283 Terrell; due 2/01/89 35, 000.00 205752 New Caney ISD U/T; due 2/01/89 100,000. 00 211915 Huffman ISD U/T; due 2/01/89 50,000. 00 209032 Clear Lake City Water Auth; 100,000. 00 due 3/01/89 209104 Jersey Village; due 3/15/89 50,000 .00 180173 Harris Co FCD L/T; due 3/16/89 100, 000. 00 352045 Port Dev Corp ( Paktank-Deer Pk) 100,000.00 due 4/01/89 177765 Westheimer Rd Mud W&S Comb Rev; 45,000.00 due 4/01/89 181270 Carrollton-Farmers BR ISD UT; 100,000.00 due 4/01/89 212542 Alvin ISD U/T; due 4/01/89 100,000 . 00 214186 Webster; due 4/01/89 50,000. 00 286276 Texas A&M Galvstn (Moody) Hsng 100,000. 00 due 4/01/89 389799 Lubbock EL&PWR SYS REV ; 25,000. 00 due 4/15/89 198681 Port of HOU AUTH REV; due 5/01/89 100,000. 00 188707 Irving ISD U/T; due 6/01/89 75,000. 00 389773 Brownsville ISD U/T; due 6/15/89 40,000. 00 389785 Everman ISD UT; due 8/01/89 75,000 .00 389795 Judson ISD UT; due 8/01/89 70,000.00 207791 Glenshire MUD Assumed; due 8/01/89 50, 000. 00 . � . . TCTI TTT. fit1P 1 7/U 1 /137 - - RECEIPT NO. DESCRIPTION PAR VALUE .207541 Brookfield MUD WW&SS REV ; $ 35,000.00 due 9/01/89 214167 Beaumont WW SYS REV REFD ESC; 60,000. 00 due 9/01/89 389782 Dallas ISD U/T; due 11/01/89 650,000.00 389793 Houston WTR SYS REV SR 73 REFD; 200,000.00 due 12/01/89 389790 Houston Sports Arena REV ; 75,000.00 due 12/01/89 174453 Judson ISD UT; due 12/01/89 50,000. 00 176132 Livingston ISD U/T; due 12/15/89 35,000.00 350905 Ft Bend IDC ( EPS) ; due 1/01/90 175,000. 00 172373 Baytown; due 2/01/90 50,000. 00 178284 Terrell; due 2/01/90 35,000.00 180174 Plano ISD U/T; due 2/15/90 100,000.00 389776 Conroe ISD UT; due 3/15/90 300,000. 00 177766 Westheimer RD MUD W&S COMB REV; 100,000.00 due 4/01/90 181271 Carrollton-Farmers BR ISD UT; 100,000.00 due 4/01/90 212543 Alvin ISD U/T; due 4/01/90 100,000.00 214187 Webster; due 4/01/90 50,000. 00 389800 Lubbock EL&PWR SYS REV; due 4/15/90 25,000. 00 389775 Bryan Util Sys Rev SR71 RFD; 200,000. 00 due 7/01/90 207542 Brookfield Mud WW&SS REV ; 35,000. 00 due 9/01/90 214168 Beaumont WW SYS REV REFD ESC; 60,000. 00 due 9/01/90 335414 Taylor IDC ( Intercraft) ; due 9/01/90 185,000. 00 389791 Houston Sports Arena Rev; 75,000. 00 due 12/01/90 174454 Judson ISD UT; due 12/01/90 50, 000. 00 176133 Livingston ISD U/T; due 12/15/90 40,000.00 210373 Cross Roads ISD U/T; due 1/15/91 60,000.00 172374 Baytown; due 2/01/91 50, 000. 00 178285 Terrell; due 2/01/91 75,000. 00 211916 Huffman ISD U/T; due 2/01/91 60,000.00 389764 Arlington Comb Go & Rev; due 2/15/91 100,000.00 212548 Lamar CISD UT; due 2/15/91 260,000.00 237388 FT Bend CO Levee IMP DIST # 2 ; 150,000. 00 due 2/15/91 and, WHEREAS, after this withdrawal, Texas Commerce Bank of Beaumont will have $ 9,985,000. 00 pledged to protect the deposits of the City of Beaumont and this amount is adequate; 2 - _ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Texas Commerce Bank of Beaumont, Texas, be permitted to withdraw the above-described securities, and a certified copy of a this resolution shall constitute evidence of the authority of Texas Commerce Bank of Beaumont, Texas, to make said withdrawal. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - - 3 - .b October:'27,"_2983 - T- ,KM� .r. r .- = „ s"'f 'ii '�•+'.++��-r ' 'Y'S'Y r �Y.1 . a. ' r► iV 7"JF.s•"�.�^—Ii'-?^-.'."fy�`_ .rte, js• z 4�"'1.�'{.'"r-?k'-'.i..^•. ��-�"Y 7 t.. y♦ s✓�r# YL+Gifw�t' �� 64ti.ee^+-k .' .i t� „' y r 'Ni►�j/¢a�.i - C ire...-�.-r �..-.4.-- � r {.L..+Ir a-�..� 7e!"' �`�.��1� -.:i+.y -.+r•--.r- tfay:"._,� „? - .L^—_-^rS=•S�� ^ C%`� r� 5��� -y .nt � Q3- ":-�sr� _ � ja•1• IIj'd'!" - -r-- tY .>+�avir�tf,R r-able .Mayor end Members of --City .CounclY, - "'` Sub j ect: . Comittee-Appoi ntmen S A -resoluti on .ori: sTuesday' '--agenda would-make the =fol l owi ng.appoi ntments Lynn Owens, 'to_the Human Relations_Advisory Committee, nominated by Mayor Neil d. - - - - Mildred Yates, to-the-Historical Landmark -Commission,`'for a -term expiring October 31, 1985, .-nominated by Councilman Cox. Gayle Villere, to the Parks and Recreation Advisory Committee, ' for the unexpired term of John .Conway -through June 30, . 1985, nominated by Mayor Pro-Tem Lord. It is recommended that the resolution be adopted. 42 iAA Karl Nollenberger City Manager NO- R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments and reappointments be made: Expiration Appointments Commission of Terms Lynn Owens Human Relations Citizens Advisory Mildred Yates Historical Landmark 10/31/85 Gayle Villere Parks & Recreation 6/30/85 ( to f ill Advisory unexpired term of John Conway) PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - c. October.27, _1983 -. .-Council .Letter Letter _104 , • Honorable Mayor and - Members of City Council Subject: Greenfield Village Street and Utility Improvements Recently-completed street and etifiTty a ine improvements in- Part One,..Section One of Greenfield Village have been inspected and found to conform to City standards. The improvements include a 1,050-foot section -of Greenfield Drive east of Major Drive, a section of Easley Drive crossing Greenfield Drive and extend- ing 160 feet south and 110 feet north of Greenfield and.a_225-foot section of Fox Cove north of Greenfield. Also included are water and -sewer lines serving property along these street sections. It is recommended that the Council adopt a resolution accepting these improve- ments for maintenance as part of the City systems. NsUf' Karl Nollenberger City Manager GUESS LN, c O C C HI NN L le ` J Gj RI CH A DS N LN. P W r -- ~ L. N.V.A:__._..���� WI LOS LM. p LOCATION 0 U� PERL RD. o�C t Oj O r SPURLOCK RD. 0 c /O 1-- / W = STATE HIGHWAY 105 LOCAT /.ON MA P for C3 F? EENF/ELO V/LL.4GE PART ONE of SECT/ON ONE /" = 2000' w NO R E S O L U T I O N WHEREAS, the developers of Greenfield Village, Part One of Section One, have completed the water, sanitary sewer, storm sewer, and street improvements as follows: Street Improvements: Greenfield Drive from Major Drive approximately 1050 feet east. Easley Drive from Greenfield Drive approximately 160 feet south and from Greenfield Drive approximately 110 feet north. Fox Cove from Greenfield Drive approximately 225 feet north. Water and Sewer Improvements: Lots 1-2 , Block 1 Lots 7-8, Block 3 Lots 1-14, Block 4 Lots 3-13, Block 5 Lots 1-9 , Block 6 and, WHEREAS, the developers of said subdivision desire to have these improvements accepted and maintained by the City; and, WHEREAS, the directors of the Urban Transportation and Water Utilities departments recommend that said improvements qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the water, sanitary sewer, storm sewer, and street improvements in Greenfield Village, Part One of Section One, as above described, be, and the same are hereby , accepted by the City of Beaumont and r shall be continuously maintained by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 2 - d. October 27, 1983— • -.� S- fh s . ., - 'Council Y`L�tter 89ri :�=r T1 Honorable Mayor and Members of City Council 3 Subject: Final Payment for Demolition of 2065-2067 Leiper-'.- ". Bids were received on September 12, 1983, on the demolition and removal of five condemned dilapidated structures: 1. 1490 Avenue A 2. 1010 Finis 3. 2245 Hebert 4. 2065-2067 Leiper 5. 1290 South Major Drive At the September 20, 1983 City Council meeting, the City Council awarded the demolition contract for the 2065-2067 Leiper project to Trax Enterprises in the amount.of 11,099. The contract will be paid utilizing the Demolition and Removal (Special Services) line item within the Environmental 'Control Fy '83 Budget. Inspections have been made and all work has been completed as specified. It is recommended that the final payment of $1,099 to Trax Enterprises for the demolition of 2065-2067 Leiper be approved. Karl Nollenberger City Manager R E S O L U T I O N i WHEREAS, on September 20, 1983 the City of Beaumont awarded a contract to T rax Enterprises in the amount of $1 ,099.00 for the demolition of a structure at 2065-2067 Leiper; and, WHEREAS, the project has been completed in accordance with the plans and specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT demolition of the structure at 2065-2067 Leiper is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to make final payment to Trax Enterprises Company in the amount of $1 ,099.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - e. October 27, 1983 - - - - Council: etter.--;9D_, - r' - - ..` - .-•„� .>- y�--_�., _ _—.._- - - .. _ -.'l.�`�'`ri"�� `:•e:•c-mod +.71'41�� =�'t-•'� Honorable Mayor and Members of City Council Subject: Visual-Approach Slope Indicators (VASI) at Municipal 'Airport - In August, 1979, Visual Approach Slope Indicator systems, (VASI-4), were in- stalled on runways 12 and 30, at Beaumont Municipal Airport. The VASI-4 is a visual landing aid for use under visual flight rules. It gives white and red signals to provide the aircraft pilot with information to enable him to follow the correct approach angle to the touchdown point on the runway. A VASI-4 system is defined as including. four lamp housing assemblies, and one power and control assembly. The four lamp housing assemblies in a particu- lar system are identical and cannot be interchanged with different makes or .models. The VASI systems at the airport were manufactured by Crouse-Hinds Sepco Corporation. The lamp housing assemblies are No. 25950-A and each assenwiy'arequares four No. 10037-108 frangible couplings to be inserted between the mounting standards and the concrete foundation. On September 12, 1983, the VASI system for runway 30 had one lamp housing assembly destroyed by an aircraft that ran off the side of the runway while la dliog. The'ep lot reported the incident, and stated he landed too fast, and too far down the runway. A claim .has been filed with the pilot's in- surance agent; .i n Austin, Texas. A 'IASI can operate as a complete system only. The system has been turned off and the Federal Aviation Administration has been requested to issue a notice to airmen concerning the VASI system being out of service. It is extremely important that a lamp housing assembly replacement be obtained so pilots will have a visual reference while landing on runway 30. This is most important for night operations. Two bids were received for replacement of this unit. Crouse-Hinds Sepco Corporation was the low bidder at $1,630.76. Nunn Electric bid $1,955.32. It is recommended that the bid of Crouse-Hinds Sepco be accepted. Karl Nollenberger City Manager Aomn,u)k L � NO R E S O L U T I O N WHEREAS, bids were received for the purchase of one ( 1 ) lamp housing assembly for the visual approach slope indicator system for the Municipal Airport; and, WHEREAS, Crouse Hinds Sepco Corporation of Connecticut submitted a bid in the amount of $1 ,630.76; and, WHEREAS, the City Council is of the opinion that the bid submitted by Crouse Hinds Sepco Corporation is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Crouse Hinds Sepco Corporation in the amount of $1 ,630.76 for the purchase of one ( 1 ) lamp housing assembly for the visual approach slope indicator system for the Municipal Airport be accepted by the City of Beaumont and that the City Manager is hereby authorized to pay for same upon acceptable delivery . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - October--27, :1983 - Council. Letter.---91 Honorable Mayor.and - Members of City .Council Subject: -Appraisal .Services -for the Crockett Connector - M. L. Lefler, Jr. On July "12, -1983, the City Council authorized the selection of M. L. Lefler, Jr. as one of the two firms for appraisal services on the Crockett Connector TIP Project, at a cost not to exceed $8,000. It, is suggested that the City Manager be authorized to enter into contracts with the appraisal firms. The appraisals will be made by each firm in three phases as right-of-way needs are determined. There will be four parcels in the first.phase of the contract with the second and third phases being proces- sed within-two months. This procedure will enable the acquisition process for the project to be com- pleted in a shorter time frame. It. is recommended that this resolution be approved. Karl Nollenberger City Manager I l I I l U CALDER AVE . % w -- - s z a a 3 3 o MULBERRY J S <Cl 1 I BROADWAY 'A< �q i2 cn a w p O O z �< F a� 9�S L B E R T Y TRACT I-A TRACT 2 RA CT 6 LAUREL TRACT�18_ I —_ TRACT 7 e��\ TRACT 5 c y� y� LOCATION MAP SHOWING TRACTS TO BE ACQUIRED FOR A i CROCKETT CONNECTOR PROJECT NO. R E S O L U T I O N 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 contract with M . L. Lefler, Jr. for appraisal services in connection with the Crockett Connector T.I .P. Project for a sum not to exceed $8 , 000.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 ► Mayor - 9- October.27, X983 _Nk?� ,. r - �+w � ..�_".O`��ac l .. � . -s. • "a�.a 7r£3_ ,,;ri} _ a� 9..2 youkil.Letter .. -. Honorabl a Mayor:and-_`_--,- Members of_Ci ty Council _ Subject: , Appraisal Serv_ices#or-.the .Crock_ett Connector'- Jack C. Llbaugh, Inc. On July 123, 1983, ,-the City -Council authorized the selection of Jack C. Aulbaugh, Inc. as one of the -two-firms for appraisal services on the Crockett Connector TIP Project, at a cost not to exceed $8,000. It is suggested that -the City Manager be authorized to enter into contracts with the-appraisal -firms. "The appraisals will be made by each firm in three phases .as right-of-way needs are determined. There will be four parcelsA n the first phase of the contract with the second and third phases being proces- sed within two months. This procedure will enable the acquisition process for the project to be com- pleted in a shorter time frame. It is requested that this resolution be adopted. �2,k asQL Karl Nollenberger City Manager CALDER AVE Z a a 3 i o MULBERRY J J r _ S -- 9� BROADWAY C �9iy Q 0 Tj v� Q w p � C� a - � 92 S L B E R T Y O TRACT I-A G� TRACT 2 I RA CT 6 b TRACT-I B. ' - �- . LAUREL �' --- - r- TRACT 7 �— TRACT 5 LOCATION MAP SHOWING TRACTS TO BE ACQUIRED FOR CROCKETT CONNECTOR PROJECT A a) NO I R E S O L U T I O N 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 contract with Jack C . Aulbaugh for appraisal services in connection with the Crockett Connector T. I .P. Project for a sum not to exceed $8, 000.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - T � i AGENDA REGULAR SESSION OF THE CITY COUNCIL NOVEMBER 1, 1983 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. First reading of an ordinance authorizing a franchise agreement with REM Waste Control , Inc. for commercial garbage collection. 2. First reading of an ordinance authorizing a franchise agreement with Browning-Ferris Industries, Inc, for commercial garbage collection. 3. First reading of an ordinance authorizing a franchise agreement with Waste Express, Inc. for commercial garbage collection. 4. An ordinance establishing reduced fare days for Beaumont Municipal Transit. 5. A resolution relating to Labor/Management cooperation. 6. A resolution authorizing execution of an agreement with Gulf Pipeline Company relating to pipelines crossing the new sanitary landfill site. 7. A resolution authorizing execution of an agreement for furnishing test- ing services for pavement structure design and analysis on City projects for Fiscal Year 1984. 8. A resolution authorizing execution of an agreement for Section 8 Plan- ning funds. 9. A resolution authorizing execution of a renewal contract with the National Center for Municipal Development. 10. A resolution authorizing purchase of computer equipment. 11. A resolution accepting a bid for furnishing limestone base material . 12. A resolution re-authorizing purchase of a generator for the Building Maintenance Division. 1 Council Agenda November 1, 1983 Page 2 13. A resolution authorizing Change Order No. 1 to the contract for the Drainage District 6 Cartwright/Corley Drainage Relief Project. 14. A resolution authorizing Change Order No. 1 to the contract for Con- tract 5, Segment 66 Interceptor. 15. A resolution accepting as complete Contract I, Sewage Treatment Plant Improvements and authorizing final payment to the contractor. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. 1 - 2 - 3 October 28,-:1983 Council Letter 97 Honorable Mayor and Members of City Council Subject: -Franchise Agreements with REM Waste Control , Inc., Browning-Ferris -Industries, Inc. and Waste Express, -Inc. At its October 4, 1983 meeting, Council enacted an ordinance requiring all companies that provide closed commercial container garbage collection service to enter into a franchise agreement with the City of Beaumont. These franchise agreements have been developed. and are now ready for Council approval . The franchise agreements must be read at three separate regular meetings of City Council . The final reading may not be less than 30 days f rom the first meeting. Franchises will be effective 60 days after final passage. These franchise agreements with REM Waste Control , Inc. , Browning=Ferris: In-- dustric , Inc. and Waste Express, Inc. are limited to the regular collection of garbage from enclosed, mechanically-emptied dumpster type coptainers at locations in the City. other than single-family residences. The City will , on a monthly basis, receive 5 percent of the companies ' gross revenues for the term of the franchise agreement, which is five years. The companies ' rates must E •,niform as to customer class and will be filed with the City Clerk. In addi iu-n, the companies will be required to carry liability insurance and will furnish a performance bond of $500,000. There is specific language in the agreement --that addresses service and equipment standards as well as a remedy provided for interruption of service. Stuff feels :these franchise agreements are fair to the compainies and provide .an adequate level of protection for.the consumer. It is recommended that the franchise agreements be approved by City Council . Karl Nollenberger City Manager ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO REM _WASTE CONTROL, INC. TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. WHEREAS, REM Waste Control, Inc. ( the "Company" ) has requested a franchise to operate commercial closed container garbage collection service within the City of Beaumont, Texas ( the "City" ) ; and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Grant of Authority There is hereby granted by the City to REM Waste Control Inc. the right and privilege to operate and maintain within the City a commercial closed container garbage collection service ( the "service" ) . For purposes of this franchise, the term "commercial closed container garbage collection service" means the regular collection of garbage from enclosed, mechanically-emptied "dumpster" type containers from locations in the City other than single-family residences, and the disposal of such material in accordance with law . The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. tE ,,ti N Na O ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO BROWNING FERRIS INDUSTRIES, INC . TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Browning Ferris Industries, Inc. ( the "Company" ) has requested a franchise to operate commercial closed container garbage collection service within the City of Beaumont, Texas ( the "City" ) ; and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Grant of Authority There is hereby granted by the City to Browning Ferris Industries, Inc. the right and privilege to operate and maintain within the City a commercial closed container garbage collection service ( the "service" ) . For purposes of this franchise, the term " commercial closed container garbage collection service" means the regular collection of garbage from enclosed, mechanically-emptied "dumpster" type containers from locations in the City other than single-family residences, and the disposal of such material in accordance with law . The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO "F. EXPRESS. INC . TO OPERATE A COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY ; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Waste Express, Inc. ( the "Company" ) has requested a franchise to operate commercial closed container garbage collection service within the City of Beaumont, Texas ( the "City" ) ; and, WHEREAS, the City desires to grant such franchise; NOW , THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Grant of Authority There is hereby granted by the City to Waste Express, Inc. the right and privilege to operate and maintain within the City a commercial closed container garbage collection service ( the "service" ) . For purposes of this franchise, the term "commercial closed container garbage collection service" means the regular collection of garbage from enclosed, mechanically-emptied "dumpster" type containers from locations in the City other than single-family residences, and the disposal of such material in accordance with law . The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty ( 60) days after the f inal passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk , and shall continue in force and effect for a term of five (5 ) years thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty ( 30) days after f inal passage hereof. Section 3 . Rates The Company shall establish rates for service which are -uniform as to customer class based upon such criteria as container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modification in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty days ( 30) after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. 2 - Section 4 . Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to five percent (5%) of the gross revenues received for service in the previous month as payment for the use of the City' s streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right at any reasonable time to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. The following reports shall be filed monthly with the City Manager or his designee, along with the street rental payment required herein: 1 ) A listing of all new commercial accounts served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. 2 ) Names and addresses of commercial customers dropped from service for any reason and the reason, if available, that such customer was dropped from service. 3 ) A statement under oath of all revenues derived from commercial closed container garbage collection services. 3 - 4 ) A listing of all vehicles used in providing service and all vehicles which have been added to or removed from providing such service. Such listing shall include state license number, year, make, model, and manufacturer' s rated capacity for each vehicle. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company' s operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company , its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. 4 - The Company. agrees to carry insurance as follows: 1 ) Workers Com ensation The Company shall furnish the City Clerk a certificate of insurance indicating workers compensation coverage as required by the State of Texas. 2 ) Automobile Liability Insurance The Company shall carry in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than $1 ,000, 000 per occurrence for bodily injury and, in addition, not less than $100,000 property damage. This policy shall name City as an additional insured and provide for thirty ( 30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3 ) General Liability The Company shall carry , in its own name, a comprehensive liability insurance Policy including contractual coverage - 5 - for operations other than automobile with limits of not less than $1 ,000,000 per occurrence for bodily injury , and $100,000 per occurrence for property damage. The policy shall name the City as a named insured and provide for thirty ( 30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. 4 ) Performance Bond The Company shall furnish a performance bond for the faithful performance of all provisions of this franchise, said performance bond to be executed by a responsible surety company authorized to do business in the State of Texas and be in the amount of $500,000.00 . Said performance bond, payable to the City , shall be furnished by the Company and remain in force during the entire term of the franchise, and shall indemnify the City against. any loss resulting from any failure of performance by the Company - 6 - under this franchise. Said bond shall be approved by the City Attorney and filed with the City Clerk before the effective date of this franchise. Section 6 . Compliance with Laws and Ordinances The Company shall at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state and federal laws regulating the collection and disposal of garbage and trash. Section 7 . Service Standard and Equipment ThP rompany shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. The Company shall obtain and maintain in good working order sufficient equipment to provide regular service throughout the City of Beaumont. The trucks used in the collection of garbage or refuse shall be all metal , water tight, and shall be equipped with closed bodies equipped with hydraulically operated devices for compacting collected garbage and meet all federal and state laws and regulations. Collection vehicles and all containers shall be painted and numbered and shall have the Company' s name and telephone number painted in letters of a contrasting color. All vehicles and containers shall be kept in a clean and sanitary 7 - condition and all vehicles shall be cleaned inside and outside at least once each week. Section 8 . Providing Service The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9 . Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9 : 00 a .m. to 5 : 00 p.m. each and every day except Saturday , Sunday and holidays which are recognized by the City for its- general employees. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight ( 48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (7 2) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. - 8 - Section 11 . Termination In the event that any provision of this franchise is violated by the Company , the City may serve written notice upon the Company and the surety of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten ( 10) days after mailing such notice by City to the Company , such violation shall cease, or satisfactory arrangements for correction be made by Company , the City Council may , after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, by motion duly adopted, declare the franchise terminated and serve written notice upon the Company and surety of the termination and the termination of the franchise shall be effective upon the mailing of such notice. In the event of any such termination, the surety shall have the right to take over and perform under the franchise, provided, however, that if the surety does not commence performance thereof by the effective date of termination of the franchise, or if the Company refuses to continue the work , or any portion thereof, prior to the effective date of termination of the franchise, the City may take over the work or portion thereof and prosecute the same , by contract, franchise or otherwise, for the account and at the expense of the Company . Company and it' s surety shall be liable to the City for any excess costs, expenses, and revenues occasioned by the City taking over service, and in such event, the City may take possession and utilize in prosecuting the work , such appliances, equipment and sites as may 9 - - have been used by the Company and are necessary therefor. After issuance by the City of its notice of intention to terminate the franchise, the Company shall not remove from City any of its equipment normally used in the prosecution of the work until arrangements to continue the work , by contract, by surety or otherwise, have been completed by the City. Section 12. First Option to Purchase Equipment Time for Exercising Option. Within sixty ( 60) days after notice of termination of this franchise by either party or within sixty ( 60) days prior to expiration of this franchise term or any subsequent renewal term, the City and Company hereby agree that the Ci �y shall have the f irst option to purchase from the Company or the City shall have the option to provide for the purchase by a subsequent provider of service all or part of Company' s refuse collection vehicles and equipment used in the performance of this franchise. However, the City shall not be required to exercise this option. The purchase price shall be the fair market value or at a value agreed upon b the City 9 po y y Council and the Company in writing . Fair Market Value . The fair market value shall be the appraised market value as determined by a board of three ( 3 ) qualified appraisers of truck equipment none of whom shall be employees of the City or the Company , one to be selected by the Company , one to be selected by the City , and a third to be selected by the other two appraisers. The opinion of the majority of the board as to the market value of each collection vehicle shall be - 10 - fi.nal and shall establish the amount for each vehicle which the City shall pay therefor. Appraisers Fees. The charges for service by the appraiser for the City shall be borne by the City and the charge for services by the appraiser selected by the Company shall be borne by the Company . The charge for services by the third appraiser shall be borne equally by the City and the Company . As referred to herein, charge for services refers only to the actual charge for appraisals and the City shall not be responsible for any costs for travel or subsistence for either the appraiser for Company or the third appraiser if such are selected from outside Jefferson County . If no Agreement as to Fair Market Value. If on the expiration date of the contract for any reason the appraised value of the vehicles shall not have been determined, the City shall be entitled to immediate possession and use of said vehicles and the Company shall immediately surrender possession of the same to the City. The City agrees to pay the Company a fair rental value for use of the vehicles. The fair rental value shall be based on the actual average daily maintenance and operating cost for each vehicle during the twelve months previous to the expiration date of the contract, and is not to include any initial or depreciation costs. Should any collection vehicle used in the performance of the contract and to be purchased by the City not be fully paid for and the City should make payments as due on any collection vehicle, then all amounts, both for payments and interest, paid by the City shall - 11 - be deducted from the total price due the Company for the purchase of such vehicle. Titles to Collection Vehicles. The Company agrees to deliver to the City good and sufficient title to such collection vehicles upon receiving payment as determined by the aforesaid appraisal and to pay all attorney' s fees and charge for transferring titles. Section 13. Subordination Agreement Company agrees to make any lien on the equipment of Company in providing service subordinate to the rights of City under this franchise. Section 14. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transfered to another without the approval of City. A single transfer or a series of transfers of Company' s stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City . Section 15. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to the address furnished by Company to City. Notice to City is sufficient if mailed by certified mail to P. O. Box 3827, Beaumont, Texas 77704. - 12 - .Section 16. If any section, sentence, clause, paragraph or phrase of this ordinance other than Section 4 is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 17. It is agreed by City and Company that venue of any legal proceedings under this franchise contract shall be at Jefferson County, Texas. Section 18. Vehicle Permits In order to facilitate identification of those vehicles which are providing service inside the city limits, the following permitting procedure shall be followed: 1 . Twenty ( 20) days prior to the beginning date of this franchise and annually thereafter on January 1 of each year, the Company shall furnish to City a list of all vehicles providing service that will be using the City' s landfill site for disposal. Such list shall identify which vehicles provide service only from inside the city limits and which vehicles provide any service from outside the city limits. 2. City will provide an identification permit to be affixed to the vehicle as directed by City. The annual permit fee shall be $10. 00 per vehicle. This fee is in addition to any other fees or charges for disposal at the municipal landfill. - 13 - 3 . The Director of Urban Transportation shall administer the permit procedure. 4 . Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company' s disposal fee at City' s landfill shall be doubled for all of Company' s vehicles for a period of sixty ( 60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont of first reading this the day of , 19 PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of 1 .J PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 - Mayor - ACCEPTANCE: REM WASTE CONTROL, INC . By: - 14 - --`Dctober.:27;3983 .. r - 4. �Xounci l_.letter..-IDDU;k =' - - .., a Nonorable,:Mayor-and Members-of_City Council. - ; _ Subject:_ Transi t Reduced Fare-Days - - - Reduced fare days -have been-used .as a promotion"and-ridership appreciation - day for Beaumont Municipal -Transit for approximately -six-years. -Typically, fares have been reduced to a nickel and transfers have been free. The re- duced fare days are 'not specified in the City Code and .separate Council action-for each reduced fare- day is currently necessary. It is recommended that an ordinance be passed allowing the City Manager to set up to two re- duced fare days each calendar year for the transit system. Such an ordinance would eliminate the necessity of Council action on a case-by-case basis. Reduced fare days in the past have generally been on the day after Thanks- : giving, on the Friday before Easter, or near some other holiday or anniversary. As part of the promotion, merchants are usually asked to assist in publicity. The ridership on reduced fare days generally increases over normal levels by approximately 200 percent to 300 percent. Revenues fall to approximately 30 percent to 40 percent of normal levels, resulting in--a-revenpe''genera ti on drr!) for the day -in the range of $500 to .$700. Should an ordinance be adopted, the next anticipated reduced fare day is -the da_v after Thanksgiving, Friday, .November 25, 1983. -The proposed fare schedule is a nickel for all rides, free transfers, and all monthly passes would still be honored on the regular routes. It is recommended,that- Council:.adopt-an--ordinance allowing the City Manager.' to establish -up -to-two .reduced fare days each calendar year for the transit system. Karl Nollenberger City Manager t NO ORDINANCE NO. ENTITLED AN ORDINANCE AUTHORIZING REDUCED TRANSIT FARES; PROVIDING FOR SEVERABILITY ; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That -Chapter 28, Section 28-5 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 28-5 The City Manager is hereby authorized to establish two ( 2 ) days each calendar year during which the fares established herein and in Section 28-6 are reduced or abolished. Subject to such limited authority, the following fares shall be in effect for the Beaumont Transit System: 1 ) Adult fare, persons 19 years of age and older, one-way trip. . . . . . . . . . . . . . . . . . . . .$ 0 .40 2) Young person' s fare, persons aged 6 to 18 years, one-way trip. . . . . . . . . . . . . . . . . .$ 0.15 3 ) Children' s fare, age 5 and under. . . . . . . .$ Free Children under five must be accompanied by fare-paying passenger 4 ) Transfers, per transfer. . . . . . . . . . . . . . . . .$ 0 .10 5 ) Adult monthly pass card, per month. . . . . .$15 .00 This card entitled an adult purchaser to unlimited ridership in the month for which such card is issued and shall be nontransferable. Section 2 . 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 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 4 . 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 day of 19 Mayor - - 2 - r! t 5. October,:Z7;2983 - - Zouncil Letter _95 -..y. f�M,. 1r�:L. ��'2'•+'ryfy(..:..ap.�+.i _ •!'.' - _•` .. _ _. _ _Y •• .Y Honorable Mayor-=and Members of -City _Counci3 - - -Subject: - -Labor/Management -Cooperation =- _ - �Ciity Council has.`recently requested a resolution addressing the problems of violence: In response to this request, the attached resolution is provided foryouur review. Karl Nollenberger City Manager 6. -October 27, 1983 Council-Letter --96 -= Honorable Mayor and Members of City Council . - _Subject:_ _Gulf Pipeline-Agreement-- The new landfill -site `is crossed by -five Gulf Pipeline "Company pipelines and one West 'Texas Gulf Pipeline Company pipeline. The lines are parallel to each other in a group and across the site on a diagonal near the northeast corner of the site. In order to fully utilize and operate the new landfill , it is necessary-to -cross -the pipelines at one location with an access road and at two other -locations with drainage ditches. The protective work required includes the installation of casing on one of the pipelines, concrete pedestal supports on all the pipelines where they span the ditches and a reinforced concrete slab over the pipelines at the road crossing. The agreement with Gulf Pipeline Company specifies that Gulf will be reimbursed for 100 percent of all actual costs related to the project. The estimated cost of the project is $26,529.68. In the event that the cost ex- ceeds this amount, the project will be audited by the City and the contract will be renegotiated based on actual cost. This work is budgeted in the Genera" Inrur'ovements Fund under the Sanitary Landfill program budget. The total pruu•r-�m budget is $2.3 million. The cost of this facet of the work is approximately $10,000 more than anticipated. Cost savings in other areas of the prc _ct however, should more than cover the difference. It is recommended that this resolution be adopted. Karl Nollenberger City Manager fit,". d, � ' R E S O L U T I O N 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 agreement with Gulf Pipeline Company for protection of six (6 ) pipelines crossing the new sanitary landfill site for a sum not to exceed $26,529. 68. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - 7. - - - -October 28,'3983 - • �.}s- rr.2 }•z ?"t,e..,i:�k��" c -�dlr a. •a+ � s.•+--'t�.r �+w.x _.1 . . c'� �i � c... ��. ,.�,,,—.L,Y F�� Y.}.. .�:- Y=•fir-' , r..�-- •„ �.Z.-..y�,{�,�.>� .�,. P..�Coundil l.etter.. 93 - _ `-r!st--''- ++a..c YRi.1���++»-��r �.a�»a���:.{ _�"". Ts�`��.3i a•` „' .. � .Al�k -J - r. - Cr•.•• ..e – ri 3V,�?s-±�"`S'�•`' "'S' �.v .>-t{:a�t r.♦J!t�. ++..t L _ `•�.r - r '�.w - - Honorable'Mayor and- Members of Ci ty Council ._Subject: .laboratory-Testin-g.Services The City currently has engineering contracts-with_three-.different engineering firms for construction -plans preparation of .three TIP Projects. Preliminary -design laboratory investigation and analysis will be required on each of the projects. In addition, laboratory investigation will -be --required -for plan pre- paration on -some -of -the drainage .bond -projects:'_ " - Southwestern Laboratories -is the only testing agency-located in Beaumont that possesses the expertise -to furnish the necessary laboratory investigation and reporting locally. -There are .other branch -testing laboratories in the area that could furnish the testing and reporting through their headquarters located in other cities. Staff has reviewed the rates charged by the various testing agencies-..__The rates charged by Southwest Laboratories are generally competi- tive with other services. More importantly, they have the largest and most professional staff located in Beaumont. There are many instances in which timeliness in delivery of this service is very important. Due to the nature ^f.-.the work involved and the close coordination required between the testing z:gLncv and the engineer, we recommend that the service be provided by South- western Laboratories locally. The branch laboratories are equipped to perform quality control testing during the construction phase of the projects and °- are le-Mg used for this service. The testing services would be performed on an as-needed basis and the total cost for the projects could not exceed $4.3 000. It is recommended that -this -resolution be approved.' k2k Karl Nollenberger City Manager NO ? R E S O L U T I O N 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 agreement with Southwestern Laboratories to furnish testing services required for pavement structure design and analysis on city projects for fiscal year 1984 for a sum not to exceed $ 40, 000.00 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - - - 8. -October-28 -:1983 _ .. . � �, r � ...ra-j'� k.� -��'�'�'f'S,:Y-+s�"d�.,"ai} -� +�,�-_Z.� ;� -�r l�..a.� .C� ...... -- - 4 4� {i•;i� -'� f . � u: �► : - .� 'lrouncilMetter 87- Honorable Honorable Mayor-and Members -of.Li ty .Council. Subject: . FY 1984 :Agreement-for -Section 8 .Planning:Funds--', _ - -The City of Beaumont is- eligible for transit planning funds .through .Section 8- of' the .Urban Mass Transportation Act of 1964, -as amended, In -Fiscal .Year 1983, the City expended approximately $13,700 for transit planning activities and was reimbursed through-Section 8 at a rate of 80 percent (approximately $10,960). -The activities -included development .of-the-five year financial plan -for transit and planning activities related to the initiation of Special Tran- sit Services (STS) for the mobility-impaired. The funds available for Section 8 activities in Fiscal Year 1984 are identi- fied in the "Unified Work Program for JORTS Multimodal Transportation Planning". *The Unified Work Program is required by federal regulation for all areas de- siriny 'planning and construction funds for transportation facilities and sys- tems. The program is prepared by the South East Texas Regional Planning Com- mission, the State Department of Highways and Public Transportation, and a Steering Committee comprised of area agency staff representatives and state - - c-poators ae,J -representatives. The Unified Work Program is :approved by a Policy --Committee comprised of area mayors, representatives of the -Jefferson and Orange County Commissioners, U.S. Representatives from Districts 2 and 9, State Sena- tors and Representatives, and the-Hardin County Judge, Mayor. Neild repre- sents the City of Beaumont on the Policy Committee. -The Fiscal "-Year.1984 .Unified Work Program includes _$13,000 in .new funds and ..$33,000. i n.funds _carried over from prior years for-a total of $46,000 avail- able for Section 8 tasks. These are funds already authorized for use by the City of Beaumont. We are required to sign an intergovernmental agreement that spells out how the funds will be used. For the purpose of the agree- ment, two tasks are planned. The first task is entitled UMTA National Em- phasis Areas. The emphasis is placed on cost-effectiveness of transit ser- vices and may include such activities as updating financial forecasts, de- velopment of improved minority business enterprise (MBE) participation, and study of means to improve effectiveness and efficiency in both operations and management. The second task is entitled Elderly and Handicapped Transit Planning and includes activities directed toward monitoring and improving services for the elderly and handicapped. ".; '.Counci1.letter 87 Page .It` is recommended -that the"City Council ado'pt aMresolutaon authorizing the -City Manager-to-execute an agreement to effectuate the use of Section '8 P1 anni ng-funds: - Karl Nollenberger _ _City Manager_ INTERGOVERNMENTAL AGRELIKENT STATE OF TEXAS X COUNTY OF JEFFERSON X THIS INTERGOVERNMENTAL AGREEMENT, entered into by and between the South East Texas Regional Planning Commission and the City of Beaumont , Texas WITNESSETH WHEREAS, the South East Texas Regional Planning Commission is designated the Metropolitan Planning Organization for the Jefferson-Orange Regional Transportation Study by the Governor of the State of Texas; and WHEREAS, the use of funds made available under Section 8 of the Urban Mass Transportation Act of 1964, as amended, shall be governed by the South East Texas Ee&-ional Planning Commission in accordance with the Urban Mass Transportation Administration External Operating Manual (UMTA 1000. 22, Chg. 2, 3-11-74, Chapter III). NOW, THEREFORE, IT IS HEREBY AGREED that the South East Texas Regional Planning Commission and the City of Beaumont should enter into an Intergovernmental Agreement to effectuate the use of Department of Transportation funds. The work which will be undertaken by the City of Beaumont includes Work Elements 2. 3 and 5 as contained in the South East Texas Regional Planning Commission's 1984 Unified Work Program wherein the City of Beaumont is designated as responsible. Work Elements 2.3 and 5 and the associated Scope of Services are designated as ATTACHMENTS A, A-1, B, and B-1, respectively, and are incorporated within this agreement as the STATEMENT OF WORi:. Page AGREEMENT PERIOD The work which may be undertaken by the City of Beaumont under Work Elements 2.3 and 5 shall be initiated upon execution of the agreement between the two agencies. The work shall be undertaken and completed in such sequence as to assure its expeditious completion. The Scope of Services detailed in ATTACHMENTS A, A-1, B, and B-1 shall be completed and the presentation of the results and recommendations accomplished by September 30, 1984. Additional time for work completion may be approved by the Executive Director of the South East Texas Regional Planning Commission. STUDY COORDINATION AND REPORTS 1. Coordination Study data, analyses, findings and recommendations will be reviewed and coordinated with Commission staff during the work program by the City of Beaumont. 2. Report - After review and approval of the reports by the Comzlsion's staff and UMTA, 10 copies will be submitted to the Commission within thirty (30) days. 3. Credit - The report prepared by the City shall include the following; statement on the title page: "The preparation of this report has been financed in part through a grant from the U. S. Department of Transporta- tion Urban Mass Transportation Administration, under the Act of 1964 , as amended. " Page 3 COMPENSATION The City of Beaumont shall be reimbursed for 80% of direct costs incurred in the performance of the work defined in ATTACHMENT A, A-1, B, b B-1 which are allowable under the provisions of sub-part 1-15.2 of the Federal Procurement Relations Manual. In no case shall total compensation for approved work exceed $46,000.00 from Section 8 funds of the Urban Mass Transportation Act of 1964, as amended. The City of Beaumont will submit to the South East Texas Regional Planning Commission on a quarterly basis an invoice itemizing direct salary costs, man hours, direct expenses, and fringe benefits for the previous calendar quarter. In addition, a report outlining work completed during the billing period will accompany each :invoice. MAILING ADDRESS All notices and communications under this Agreement to be delivered to the City of Beaumont shall be mailed or delivered to the City of Beaumont and be sent to the address of the City as follows, unless and until the South' East Texas Regional Planning Commission is otherwise notified: Mr. Karl Nollenberger, City Manager City of Beaumont P. 0. Box 3827 Beaumont, Texas 7770 Page 4 All notices and communications under this Agreement to be mailed or delivered to the South East Texas Regional Planning Commission shall be sent to the address of the Commission as follows, unless and until the City is otherwise notified: Mr. Don Kelly, Executive Director South East Texas Regional Planning Commission Post Office Drawer 1387 Nederland, Texas 77627 Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted by the sending party. TRANSFER OF INTEREST Neither the South East Texas Regional Planning Commission nor the City of Beaumont may assign or transfer its individual interests in this HSr=.ement without the written consent of the other party. The South East Texas Regional Planning Commission and the City of Beaumont each binds itself and its successors to all covenants in this Agreement. Nothing herein is to be construed as creating a personal liability on the part of any officer or agent or any public body which may be a party hereto. COORDINATION OF PLANNING The City of Beaumont agrees to conform to Work Elements 2. 3 and S prescribed by this Agreement to applicable governmental policies for the development of transportation systems in Texas. Tne preparation of Work Page 5 Elements 2.3 and 5 shall be undertaken in concert with the present or future planning designations and responsibilities held by the South East Texas Regional Planning Commission and other interested agencies or governments. PUBLIC DATA All data and information developed under this agreement shall be public data and information, and shall be furnished or made available, upon request, to the South East Texas Regional Planning Commission and other interested and affected agencies, governments, and parties. TERMINATION A. This Agreement may be terminated for reasons other than full performance by written agreement between both parties to the Agreement. B. In order to terminate the Agreement for breach of performance, the party claiming the breach shall give the other party written notice of its claim and, unless an agreement otherwise is reached, termination shall occur -- , the thirtieth day after receipt of such notice. C. In the event of termination, the City of Beaumont shall deliver to the South East Texas Regional Planning Commission all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, etc. , prepared by the City of Beaumont under this Agreement. D. The City of Beaumont, on agreement by the parties to this Agreement, shall be entitled to receive just and equitable compensation for any satisfactory work completed on such rateria . 1 Page 6 E. Venue. Venue and jurisdiction of any suit, right or cause of action raised under or in connection with the contract shall lie exclusively in Jefferson County, Texas. AMENDMENTS TO AGREEMENTS Subject to the provisions of the Acts administered by the U. S. Department of Transportation, the parties hereto, without invalidating the Agreement, may alter or amend this Agreement upon advance written agreement of the parties. SAL EMPLOYMENT OPPORTUNITT In connection with the execution of this Agreement, the Citv of Beaumont shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The City of BPa.,,mont shall take affirmative actions to assure that applicants are employed and that employees are treated during their employment, without regard to tl.Cir race,- religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. AUDIT AND INSPECTION OF RECORDS The City of Beaumont shall permit the authorized representatives ()f the U. S. Department of transportation and the Comptroller General of the United States and/or the South East texas kegional Planning Cor-ission tc Page 7 inspect and audit all data and records of thv City r(,l:itl )l; to perlormrim.e. under this Agreement. Such data and records shall be maintained by the Clty of Beaumont for a period of at least three years from the date of completion of the terms of this Agreement. The City of Beaumont hereby agrees to have prepared an outside independent audit prepared in conformity with Attachment P of Office of Management and Budget Circular A-102 annually or at least bi-annually covering each biennium and to provide (SETRPC) with the requested number of copies of the audit. PROHIBITED INTEREST No member, officer or employee of the City of Beaumont or of the South East Texas Regional Planning Commission during his tenure or one Year thereatter shall have any interest, direct or indirect, in this Agreement or t:i[e proceeds thereof. Iii==:?FST OF MEMBERS OF OR DELEGATE TO CONGRESS No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. COPYRIGHT No report, maps or other documents produced in whole or in part under- this Agreement shall be the subject of an application for copyright ''y ` on beh;ilf of the City of Beaumont or the South East Texas Regional Planning (;cnnmission. CLL'AN AIR ACT OF 1970 The City of Beaumont hereby agrees to comply with all orders, Page & applicable standards or regulations Pursuant to the Clean Air Act °f 197p. MINORITY BUSINESS ENTERPRISE In connection with the performance o Beaumont will coo f this _ cooperate contract, the City of with the South in meeting ast Texas g its commitments and Regional Planning Co goals with re mmission minority business regard s enterprises, to the maximum utilization of ' OVAL The City of Beaumont and the South E Commission bind themselves East Texas Re to the faithful Planning Agreement, aithful It is mutually of the terms of this Y understood that this effective until ?11 Agreement shall not become approvals required Quired as part of the r have been received City of Beaumont 's and until Of the South by the Executive youth East Texas Regional Planning be obtained lanning COmInission. Prior to the affectuation Such approvals date must IN WITNESS °f this Agreement. HEREOF, the parties hereto have execu ted this Agreement in duplicate originals this da y o f ---_ ATTEST: 1982. SOUTH EAST SS p TEXAS REGIONAL PLAN'N'INC B�- Don Kelly, Executiv e Dire ATTEST: ctor CITY OF BEAUMO.,-T B�• Karl Nollenberger, Cit}• Manager 1 "S R E S O L U T I O N 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 agreement with the South East Texas Regional Planning Commission to effectuate the use of Section 8 Transit Planning Funds by the city. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 9. October 28,:1983 - - Council.letter 84 Honorable Mayor and - - Members of City Council. .Subject: Renewal -of Contract with the National Center for Municipal Development , The City of Beaumont has, since November, 1980, executed a series of one-year contracts with the National Center for Municipal Development to provide the services of a Washington, D.C. assistant. This program, founded in 1965 as the "Man in Washington Service", has provided the. City of Beaumont with a wide range of services. These include advising City officials on organiza- tional planning and .program activitiy which has a bearing .on the ability of the 'City to make best use of federal aid programs; review of pending legisla- tion, executive proposals, and administrative regulations; securing and fur- nishing detailed information on federal programs in which the City indicates an interest; maintaining liaison with the City's Congressional Delegation; and maintaining contact with federal agencies on the City's behalf when City applications are under consideration by said agencies. The City's contract with the National Center for Municipal Development is up for renewal , effective November 1st, The cost of this service is $31,484.75, pI'a a maximum of $4,000 for reimbursable expenses. This compares to a cost of $2%425 with the same maximum of $4,000 for reimbursable expenses in Fiscal Year 1983. It is felt that this is money well spent in view of the "fast tract" nature of much of the federal legislation currently coming out. A good example of how well this service has worked for Beaumont occurred when .the Jou!� Bill was -being considered this year -in Congress. We were able to anticipate the application guidelines, procedures and pass through funding mechanisms as a result of the regular update received from the National Cen- ter for Municipal Development. As a consequence, the City was prepared to move quickly to capture a portion of the funds made available. Money has been provided in the Fiscal Year 1984 budget for this purpose. It is recommended that this contract be renewed for the .current fiscal year. Karl Nollenberger City Manager J r.t. a+• - 1. R E S O L U T I O N 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 one ( 1 ) year renewal contract with the National Center for Municipal Development to provide the services of a Washington assistant for the City effective November 1 , 1983 through October 31, 1984, at a cost of $31,484.75, payable in equal monthly installments of $2 ,623.72 , plus reimbursable expenses not to exceed $4 ,000.00 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 10. -- ._:.October_27_� 1983 ' _ — .rs•"'�x _ 1. x to 3.cxaw.-+,..��•4..�.r z"y c �r -._•.. '�F—T r�abri f�t . std _-7105 w.Counci l -tetter Zjy-f, n a 2"�. .ra..?-:/fi...i:w�i'��- _ ..i—^.J-G`l.`w"YS2- - 'J" waG.. -- Yj•. Honorable Mayor:and Members of City Council = - -Subject:- Purchase of.-Data -Processing Equipment Bids were taken on October-10th for furnishing the following items of com- puter equipment: Two eight-channel multiplexors and two .synchronious line drivers for Municipal Court to permit several printers and terminals (up to .eight) .to communicate with the main system by a single telephone line. -Four additional one megabyte memory boards - two for each of the City's two Prime Model 450 computers - to increase their processing capabilities sufficiently to meet the needs for the rest of this fiscal year. - Two 300-megabyte disk drives--and--a contr-bhl er Jor,one--of- these computers - the second to be acquired by the City. This equipment would provide the additional memory capacity needed for storage of customer account records in the im- plementation of the Water Utilities system. Bids were received from five vendors on furnishing the two eight-channel multiplexors and line drivers for Municipal Court. The City has been leasing -this:,equipment-from Data Aids of.Spring, Texas .since April and would be al- -lowed credit-for, part of.-the-rental -paid. ' Information Solutions of Houston .submitted the apparent low bid -of-$6,000, Data Aids bid $6,020, including $20 for shipping costs, but -the $1,050 rental credit would make its bid lower at a net cost of $4,970. The Data Aids bid will be recommended for ac- ceptance as the lowest received. The bids compared as follows: Two 8-Channel Two Line Multiplexors Drivers Total Data Aids $5,500 $500 $ 4,970* Information Solutions 5,500 500 6,000 USDATA, Richardson 14,000 440 14,440 Vector Tech Corp. dba Systems Tech, Houston 6,846 530 6,376 Helena Laboratories N/B 640 - *Includes $20 for shipping and reflects deduction of $1,050 for the maximum rental credit under the lease agreement. .. h .- oiancil 'letter` .10� = - _ October'27 f X983 {a..,rr"f +c��ya4z-., f�c-s:-Y = 1"s r :-.7 - -•- _, ..a.�_- _t• _ _ Page ,,,,..w r �-�y.c�-ate+ '?aNs+�-Y�^. -s>�+fir- •'a ti,,. -�-'^. �•s T, s y -� t.�- +f•..s4. ._. '''"'tea' ...wo.,.++R."PC_ ,+R�;-+..w�.c-- -a.� r --r �s-'�v�`h�K''~�o.-��.t.��ir� ..e<..�r .T- '4.*+ - . __ T_ '� •3 r�'SeY' -..,� Y"�} - - t "1S'3 i 'tae 4 �. T.. _ - - -�, s=- "'4:^'w`a'x'•" yy'T',.'i''`-"'_'� L 'r- `-�' __".��"�`' '�esr-=...._ "'-_'-. a;._� s'-••.�'"' �s c' _ . ' ..- .i-.._...♦ �.-::`�.-»L�.�+s. �-°e..-._�,y�491i.Zs�.�.f .�.-..._ �.- '.". •—....1:.,'vs .�- ';'v���.,!►,t'�--4�.-•r ._ _- .c+^ __-Three _bids-were .received for-_furnitbi ng.the four memory boards-as-fol l ows: - '' Helena -Laboratories 31�000;, 1ess a rental credit. of .$3;465; nr-a _net cost :of_$27;535;�riforniation_Solutions,_$39,200, and -Tristan Dynamics, X21;780.` The City_has.been•1 easi ng-the boards from Hel ena Laboratori es -since Apri 1 _17th" - - and would receive�a-_credit equivalent-to half the rental :fnr-the first .seven months "and -the`-fulT,_amount.:paid Jor the _month ending. November-17th. this company' :bid 3s recorrgnended as-.the best and most economical for .the City: The .$21,780 apparent low bid of Tristan Dynamics is not recommended because the equipment was determined ,not to meet the U.S. Army specifications for Prime computers and because of difficulties experienced with this equipment in other installations with.equipment similar-to the-City's. . A lawsuit pending against- the company woul dshal l enge its right to market the:.equi pment. •The outcome of the litigation could- affect the City's abild.ty to obtain service and parts-for this equipment. Bids were- received from five firms on furnishing the two 300 megabyte disk drives and disc controller as follows: Two 300 Megabyte One Disk Drives Controller Total Timesharing Services, Jacksonville $24,200 $ 9,000 $36,280* Vector Tech Corp. (Vector Tech) Houston 25,905 - - Helena Laboratories 27,000 9,975 37,892 - ;-Tristan_Dynamics�-r-..: __26 000}•-,° _10,000- 36,000** r. : � "_InformationTSolutions 42, 00 9;500 51,500 *Total includes $3,080 for cables and miscellaneous. **Used equipment. The Timesharing Services bid is recommended for acceptance as the lowest meet- ing the specifications. This bid included a $3,480 add-on for cables and miscellaneous, -which would increase the total from $33,200 to $36,680, but the company agreed to a $400 reduction for cables not needed, to make the net cost $315,280. The apparent low bid of Tristan Dynamics is on used equipment. The specifications were written for new equipment. These purchases, totaling $69,000 would include all the major equipment to be acquired this fiscal year from the Information Systems capital outlay appro- priation. The $20,000 remaining unobligated in this account would be used to busy software and some additional terminals for user Departments. `305 October_27'X983 .Page 3 - •x �- �' _ �, ter _ _..► -� - s.y mss-�.A'� � .f -- `, - 4 _ 1 -it- 'l -� __ � %rrr�--r-a h .-•t'y�- �'"�.c'r4.+s`+W- � �..e-art ,�_� �,S�-u r„rte ' �.t.�r •-.�. i •; It is .recommended .that ---the-Council ado t a resol_ut o-n-_authorazing the pur= _ phases �s -proposed -. -- Karl Nollenberger _.- _ City Manager R E S O L U T I O N WHEREAS, bids were received for the purchase of computer equipment; and, WHEREAS, the following bids were submitted: Vendor Item Amount Data Aids Associates, Inc. 2 - 8 Channel Multiplexors $ 4 ,970 (Spring, Texas) 2 - Asynchronous Line Drivers Helena Laboratories 4 - E8 Memory Boards $27 ,535 (Beaumont, Texas) Timesharing Services 2 - 300 MB Disk Drives $36, 280 (Jacksonville, Fla. ) 1 - Disk Controller $69 ,785 and, WHEREAS, the City Council is of the opinion that the bids submitted above are the lowest and best bids and should be accepted; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids listed above in the amounts shown for the purchase of computer equipment be accepted by the City of Beaumont and that the City Manager is hereby authorized to pay for same upon acceptable delivery . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - -Oct -498 3983__ r _ ..t �- � 4! � T'R.d i.!' � - '� /� ..a.P�l• � A-'I-Y- S Z a.++ —'-4. I-. {•M•+,} L -CounciI.'Letter '107-r,­­-' Z Honorable Mayor and - _ - Members .of:Ci ty Council 7, .-..Subject: -Limestone:Base'Material - Bids were received on'September 19th on furnishing limestone"basematerial., as ordered, over a one-year period. An estimated 5,000 tons of materials would be required. The bids on supplying the material loaded on the City's trucks -at -the vendor's plant are _as follows: Troy Dodson, Beaumont (Located Highland Avenue & Cardinal) $12.27 per ton Radcliff Materials (Located IH-10 E. bank of Neches) 13.00 per ton - - Dav i dNuil- Construction Company (Located Highway 347 - 1 mile south of City limits) 12.13 per ton Keown Supply Company (In1rated 1100 Pine Street) 14.35 per ton .Keown supply Company (Located Highway 124 & Clubb East Dr.) 11.75 per ton On vctuber 11th, the City Council accepted the bids of Troy Dodson Construction Company at $12.27 a ton and Radcliff Materials at $13.00 a ton, with orders to 'be n1__ed with the plant closest to the job site on the south and •north sides of rhP°City, respectively. Troy Dodson Construction Company recently experienced difficulty in providing limestone material for a project in the south part of the City. This resulted in the City paying a higher price and .additional transportation charges during this short period. In- order to provide a future alternative, it is recommended that the Council approve a price of $12.13 per ton from Davidson Construction Ccmipany. Depending on the supplier's availability of materials and the location of the job site, we would purchase materials from the company that allows the most favorable financial considerations. This award would be consistent with the specifications and bid previously provided by Davidson Construction. It is recommended that this resolution be adopted. Karl Nollenberaer City Manager R E S O L U T I O N WHEREAS, on October 11, 1983, the City Council awarded bids for limestone base to Troy Dodson Construction Company at $12. 27 per ton and Radcliff Materials at $13.00 a ton; and, WHEREAS, Troy Dodson Construction Company recently experienced difficulty in providing limestone material for the south part of the city; and, WHEREAS, Davidson Construction Company submitted a bid in the amount of $12. 13 per ton; and, WHEREAS, the City Council is of the opinion that the bid submitted by Davidson Construction Company is the best bid and should be accepted; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Davidson Construction Company in the amount of $12.13 per ton for limestone base be accepted by the City of Beaumont and licit the City Manager is hereby authorized to pay for same upon acceptable delivery . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 12. - Oc:tober.27, i1 . _ -� �_ r-'3 t ,-�M-+!.{��.�„►... , "�.'LM- � `!''-' _ �ounca etter . i Honorable Mayor .and Members -of -City Coundil= -Subject: _ Purchase of -15,000_Watt-Generator The City -of.Beaumont received bids on December _151 1982;fior a 15,000-watt - emergency generator for use to .support our radio communications in case of a poiaer :failure. The Council awarded at-that time- the -bid to Hewitt Pump; Inc. for-$9,698. -This equipment was received and installed but subsequently failed to perform in accordance with our zpecifi cations.-Aiewitt •Pump has _refunded _ the bid price -of..$9,698 and Harrison Equipment Company has -agreed-to continue. 'to honor their bid -of_$10,906 as the second low bidder on the bids received December 15th. -The City Legal Department will pursue a claim against Hewitt Pump to recover the difference in the two bids. This purchase will be funded from our General Improvements Capital Fund as a component of -the communica- tions system project. It is recommended that Council adopt this resolution. Karl Nollenberger City Manager Y R E S O L U T I O N WHEREAS, bids were received for the purchase of one ( 1 ) 15, 000 watt generator; and, WHEREAS, Harrison Equipment Company of Stafford, Texas submitted a bid in the amount of $10,906. 00 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Harrison Equipment Company is the lowest and best bid and should be accepted; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Harrison Equipment Company in the amount of $10, 906. 00 for the purchase of one ( 1 ) 15,000 watt generator be accepted by the City of Beaumont and that the City Manager is hereby authorized to pay for same upon acceptable delivery . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of i9 - Mayor - y 13. -- October 28, 1983 Council Letter _102 • - y_ - -- Honorable Mayor and Members of City Council _Subject: Change Order No. 1, Drainage District No. 6 Cartwright/Corley Drainage Relief Project The Cartwright/Corley Drainage Project is part of a joint effort by the City of Beaumont and Drainage District 6 to improve drainage in areas identified as significant problems by the 1981 Kohler Drainage Study. The City's por- tion of the work being done by the contractor, Baytown Construction, is $997,840. Part of the Cartwright/Corley Drainage Project provided for the relocation of an existing 60" sanitary sewer which was in conflict with the proposed drain- age ditch. Connection of the new sewer line to the existing sewer was to be made at the intersection of 11th Street and Delta Street. Excavation at the point of connection revealed that Hydrogen Sulfide gas (sewer gas) had corroded over half the concrete pipe away, leaving only the -lower half of the pipe for a distance of 30 feet. It was determined that the most expedient and economi- cal r -.air method would be to insert 40 feet of polyethylene pipe (Spirolite) inside the existing 60" concrete line and cement grout the end connection (Drawing No. 1) . This allowed the repair to be made while keeping the sewer lair, ;-r service. This line serves approximately 40 percent of the City. For this reason, the repair has already been made on an emergency basis. This change.order covers the cost to- repair the damaged pipe as per the above- described method: Construct junction box with 60" diameter pipe stub out for future replacement of the existing 60" concrete sewer: Repair and construction of junction box including pavement replacement +$24,279.80 Delete proposed specified junction box = 6,000.00 Increase +$18,279.80 The change order also covers the deletion of two junction boxes on the re- located 36" sanitary sewer siphon being constructed beneath the 11th Street drainage boxes. In place of the junction boxes, it was determined that pre-fab offset connectors could be used with a cost savings (Drawing No. 2) : Specified junction boxes, 2 @ $6,000 each -$12,000.00 Pre-fab offset connector, 2 @ $5,245 each + 10,490.00 Decrease -S 1,510.00 J Eouncil Letter '202 - _ __flctober- 1983 _ Page 2 ' _ _. .�°'r:aY^.c�:•. .�.". r.sr•-sK'.a-:3Fr- .'y�� z,:L'� .i t..�+�.L fr'.,.�w�i$.,� -�I+-!+-+VC�hVY ��w .yr { �a..,r -- •.i-Tr.`.�+ _ .T";a .a7:' ..+t'� �..j.� r'T _- -�<a �"��.i'k ._=y - a:3 - :i r .. _ -The "total--net`ancrease-:to;Ahe -contract=cost-js�36�1'S9--Bb ss recommended--that-this resolution'-be adopted " - _ Karl- Nol l enberger _ City Manager _ - _ ...•4 �' '� _ "7'a. �pis,, s."� �.._; � t.- ' .-a - L � I " T—41-4. ExIsr. _ r - --�-����. 54�� SPIRO�Ir� — C�►, ,s �-D I E � . v -- --- C.C.Nsr I2 'ryp L i 2EL-i tL F' i t L�C�i FICATI�kJ Gr-- F—x�cr. 1.,��i'�SF.u. I Y_r: - . —= Cal�ut.f,, l , f..� pRA IKJ N C,F- R� F F PP0,J PRo �Q C4>ij It~cri G" OF To ✓6� SPiROuTt �.�►-1. `-�=W E R S�PhON US��-�G �`�_ -- _ ____---- P��c��.�R►Cf�rEa ��'' 7PiP.���� CCU y�=cTO�S i Exisi" 3b C.O►�IC, /y � � l PRuP. 3�'� SP�RA—I� S►PNc�►� '' i ; ;�.1; , (_:��l�ll:Ci:.r� � � .� ,F. �• �-f�.R 3U' 6P�R�IT-E. PiPH—E i - PROF1 L F f R E S O L U T I O N WHEREAS, the City of Beaumont entered into an agreement with Jefferson County Drainage District No . 6 to share the cost of construction of the Cartwright/Corley Drainage Relief Project; and, WHEREAS, Change order No. 1 has been recommended to provide for changes dictated as a result of corrosion to the existing pipe for a distance of thirty feet ( 30' ) ; 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 . 1 to the contract with Jefferson County Drainage District No. 6 thereby increasing the contract amount by $16 ,769. 80. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 14. .October.28, 1983 - - "Council -Letter -'.--101 Honorable Mayor-and Members of City Council - Subject: -Change Order'-No. 1, Contract 5,- Segment 66 Interceptor Contract 5 of the Segment 66 Interceptor is a part of the- EPA Sanitary Sewer Construction Program currently under construction by the City of Beaumont. The purpose of Contract 5 is to replace the existing combination storm-sani- tary sewer line from -the intersection of Sabine Pass and Harriot to the inter- section of-Sabine Pass and Buford. - The work is being done by Saucier and Sons Enterprises at a contract price of $1,089,740.50. This work includes instal- ling a 36" sanitary-sewer parallel to the existing 36" combined storm-sanitary sewer line for the purpose of separating the sanitary flow from the storm flow. Part of the project involves transferring existing sanitary sewer lines and house service lines from the existing combined sewer to the new sanitary sewer. Bid item 23 is to pay for reconnecting the existing lines at an anti- � gated depth range of 3 to 6 feet. Unforeseen obstructions have necessitated installing approximately 1,000 feet of 6" lateral line at increased depths. IL is recommended that bid item 29, which provides for installation of 6" lines to 10=foot depths, be approved. Cost for the additional depth is justi- fiable and in line with current costs. Net increase to the contract will be $5,500, increasing the contract total to $1,095,240.50. It is recommended that Change Order No, .1 be approved. Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, the City of Beaumont entered into a contract with Saucier & Sons Enterprises, Inc. for Contract 5 - Segment 66 Interceptor, Grant #C-481254-04 ; and, WHEREAS, Change order No. 1 has been recommended to provide for the installation of six inch ( 6" ) lines to a depth of ten feet ( 10' ) ; 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 . 1 to the contract with Saucier & Sons Enterprises, Inc. thereby increasing the contract amount to $ 1 , 095, 240. 50 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - October 28,.1983 _ Council Letter "106 Honorable Mayor- and _ Members -of City Council Subject: Final Payment, .Contract I, Sewage Treatment Plant .-Improvements Sanitary Sewer Improvements Contract .I — Sewage Treatment Plant--Improve-: ments has been completed in accordance with plans and specifications. The projects, funded in part by a 75 percent grant from the U.S. Environmental Protection Agency, has been inspected by the consulting engineer and the Department of Water Resources and has passed inspection. This contract involved the expansion and upgrading of the existing facility to increase peak hydraulic capacity from 60 to 120 million gallons per day. Improvements include a 60 million gallon per day lift station to supplement the existing lift station, a new chlorine contact tank to disinfect the treated waste, replacement of roofs damaged by corrosive gases around the diges-cr tanks, modifications to the process control laboratory, and extensive yard piping. The original contract price was .$5,816,300. Five change orders totaling $53,391.47 increased the final contract price to .$5,869,691.47. It is recommended that final payment in the amount of $14,200 be made to the contractor, C.F.W. Construction Company. Karl Nollenberger U City Manager R E S O L U T I O N WHEREAS, the City of Beaumont awarded a contract to C . F .W. Construction Company in the amount of $ 5, 816, 300. 00 for Contract I , Sewage Treatment Plant Improvements; and, WHEREAS, the project has been completed in accordance with the plans and specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Contract I , Sewage Treatment Plant Improvements is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to make final payment to C . F.W. Construction Company in the amount of $14 , 200. 00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - WORK SESSION AGENDA NOVEMBER 1, 1983 CITY COUNCIL CHAMBERS 1. Clean Community Appearance presentation by Chamber of Commerce. 2. Establishment of local Development Corporation, 3. Tax Increment Financing. October 27, 1983 W/S 1: - - _ Council Letter 86 Honor aL,l e '?ayor and Members of City Council Subject: Request by Beaumont Chamber of Commerce The Board of Directors of the Beaumont Chamber of Commerce has requested a c,eeting v.ith City Council to discuss the attached resolution dated August, 1983. Staff has scheduled this meeting for Council Work Session on November 1, 1983. Karl Nollenberqer City Manager V August, . 1983' ( RESOLUTION WHEREAS, Beaumont, because of its natural and human resources, has the potential to become the cleanest and most attractive city in Texas ; and the Beaumont Chamber of Commerce has committed to' a goal of obtaining this distinction; and the Board of Directors - of the Beaumont Chamber of Commerce, on November 30, 1982, endorsed the recommendation of the Community Appearance Committee to 'make Beaumont the cleanest and most attractive city in Texas within three years . WHEREAS, The Board of Directors of the Beaumont Chamber of Commerce has begun the implementation process of this goal by pledging to an aggressive attractiveness program for their own businesses-=_and properties, setting an example for other Chamber members and Beaumont residents. The Board members ' pledge includes a program of litter control , building maintenance, grounds maintenance and employee education for a nucleus of more than 30 properties in Beaumont. VJHEREAS, The Beaumont Chamber of Commerce will aggressively solicit similar litter control and building and grounds improvements which enhance appearance from each of its almost 2,000 members during the next three years. a� WHEREAS, The Beaumont Chamber of Commerce wishes to recognize the litter control and cleanup efforts of The City of Beaumont and its landscaping and maintenance of the areas at the intersections of Eleventh and College Streets and of Phelan, Delaware and Dowlen Boulevards. WHEREAS, The Beaumont Chamber of Commerce believes -that the cleanliness and attractiveness of a city contributes substantially to the quality of life for its residents and reflects positive reasons for the attraction of new businesses and industries and growth and expansion of existing commerce. NOW, THEREFORE, The Beaumont Chamber of Commerce respectfully requests that The City of Beaumont assign a higher priority to the appearance of our community in three primary areas : 1 . ) Parks , 2. ) Major Thoroughfares , and 3. ) Public and Private property. And agree that the following items need to be addressed to provide for appearance improvements and more effective use of personnel in the maintenance of our parks and on at least 12 of the major thoroughfares to be conducted as often as possible or as budgetary means allow: PARKS: 1. Empty trash receptacles 2. Paint playground equipment 3. Repair and service playground equipment 4. Restore or remove historical train at Central Park 5. Mow all parks frequently especially in the grass growing seasons 6. Edge around trees, tables, benches, fences, parking areas 7. Retrieve litter from grounds, jogging trails , and ditches leading into parks 8. Place additional well-marked litter recepticals 9. Place signs throughout park to remind citizens to help keep parks clean. 10. Patrol parks on the. weekends by police during the late. hours to encourage litter control. THOROUGHFARES : Boulevards and Streets (Dowlen, Phelan, Delaware, 4th, 11th, Libefty, Laurel , Magnolia, College, Washington, Major, Calder, Port Arthur Road/Spur 380) I. Retrieve litter from medians 2. Mow medians regularly and more frequently during grass growing seasons 3. Edge boulevard curbs and around light poles ; sweep up cuttings 4. Sweep streets to prevent weeds from growing in accumulation of dirt and debris at curb edges 5. Clean and maintain right-of-way areas between curb and property line on each side of Phelan Boulevard 6. Strictly enforce litter violations along streets and ditches 7. Empty public litter receptacles 8. Cut weeds from around utility poles 9. Eradicate weeds from concrete medians on 11th and College St. 10. Sweep concrete medians Eradicate weeds growing from cracks in streets 12. Mow weeds and grass on street easements and ditches 13. Remove litter from curb side of thoroughfares (ex. Between Cedar and Hollywood on Ilth and College at Pennsylvania) 14. Pick up all trash on curb sides on a regularly scheduled basis 15. Clean or paint concrete underpasses. PROPERTY: (public/private) 1 . Take expedient action on repairs or -demolition of dangerous structures 2. Enforce minimum 'housing codes in regard to deteriorated housing stock on major thoroughfares 3. Enforce junked motor vehicle ordinance 4. Work to prevent retial car lots from becoming junk areas- 5. Enforce litter ordinances at construction sites 6. Re-establish specific trash collection schedules from private property 7. Publish in the newspaper on a frequent basis the trash and garbage pick up schedules 8. Place strategically located dumpsters throughout city for citizens ' use to supplement regular garbage pickup 9. Keep landfill site open on weekends 10. Enforce litter removal and mowing of vacant lots by property owners and take action if property owner does not comply 11 . Direct attention to litter removal and mowing of vancant lots owned by public entities 12. Mow and retrieve litter from open ditches on city property which run by undeveloped property -and does not run in front of private residences or business areas. 13. Landscape green areas on public property especially at intersections of major thoroughfares as done on College at 11th streets. w WAS j' October 28, 1983 - 2: Council 1Letter__:.85 "r..:-, Honorable Mayor and - Members of City Council Subject: Establishment of Local Development Corporation to be used as Conduit` �+ for Community Development Block Grant Funds- The Citizens Advisory Committee voted unanimously in favor of allocating Com- munity Development Block Grant funds in the amount of $244,000 under the CDBG 1983 Jobs Bill Statement, to be used as an economic development activity for construction of approximately 30 new housing units for low-moderate income families to own their own homes. The community development funds will be used for the purpose of lowering mort- gage interest rates a maximum of three percent below the current market rates and assisting in reducing the payment of closing costs for low-moderate income families. The housing units will be built City-wide; however, $15,000 will be allocated for each unit built within the Community Development Strategy Area and $9,500 for each unit built outside the strategy area. In order to use the Community Development Block Grant funds to provide for new construct iUT1 -for housing and to be used for eligible subsidy assistance, federal regulations require that a local development corporation be formed to act as a conduit for the Community Development Block Grant funds. This requires thre.e_.a.ctions by City Council : A resolution must be passed authoriz- imy -ihe corporation, a three-member board must be appointed, and the City Manager authorized to execute a contract with the corporation. The name of -this'-corporation is The Innovative Housing Development.Corporation.'- The corporation is a non-profit corporation and the period of its duration is five years. The corporation will be governed by a board of directors consist- ing of three members. The- following names have been submitted indicating an interest to serve as a member of the board: Tom Combs, Loretta Oliver, Helen McCarty, Marilyn Adams, Dorothy Samuel and Gaylyn Cooper. This matter has been scheduled for a Work Session on Tuesday so that Council- members may be fully apprised of this activity prior to its initiation._ kL Karl Nollenberger City Manager WAS - October` 18, 2983 . 3. _ - -- '- ci tter _ -.-88-�-� Honorable Mayor and----- Members of City Council_ ..._ -- Subject: Tax Increment Financing In the 1983 legislative_ session, the Texas State Legislature passed-a- bill altering the tax increment law in Texas. This bill , a copy of which is at- tached, is a comprehensive revision of the Texas Tax Increment Financing Act of 1981. Beginning in 1984, the City Tax Collector will no longer collect - the tax increment for all taxing entities levying taxes in the zone; each taxing unit will collect its own. - The taxing units will pay over the incre- ment, less a portion not to exceed 15 percent, of the tax increment produced by the unit as provided by the reinvestment zone financing plan, not later than the 90th day following February 1st. Reinvestment zones created prior to August 29, 1983, may continue to operate as they existed on that day, provided that prior to January 1, 1984, the board of directors of the zone and the plans for the zone are reconstituted to conform to Sections 6 and 8 of the Act as amended. Section 6, as amended provides that each taxing unit that levies real property taxes in the zone may appoint one member of the board of directors. Section 8 relates to the reinvestment zone financing plan. Notice should promptly be given to each taxing unit which levies taxes with- - in the zone that it may appoint one member of the board of directors of the - zone. The ordinance which created the zone should be amended to provide for an increased number of directors to accommodate appointments to be made by other taxing� units. _RThe'notice _given the other. taxing units should require an appointment -to be made no later than November 25, 1983, so that compliance f with Section 6 may be achieved before January 1, 1984, During December, 1983, the new board should revise the project plan and pre- pare a reinvestment zone financing plan in accordance with Section 8 of the amended Act. The City Attorney will be present at the Work Session on Tuesday to sum- marize the changes in the tax increment law and respond to any questions from the City Council . Karl Nollenberger City Manager t 3 68th LEGISLATURE—REGULAR SESSION Ch. 554 $` code The exemption provided by this subsection applies only if the owner of the motor vehicle obtains in good faith an exemption ce t= "ate from the person to whom the vehicle is being rented." SECTION 4. This Act takes effect September 1, 1983. r,-.-- SECTION 5. ' The importance of this legislation and -the crowned condition of the calendars in both houses 'create an ` emergency and an imperative public necessity that the + t' con titutional rule requiring bills to be read on three - several da-z in each house ae suspended, -and this rule is-hereby suspended.: to Va:sed the Senate on April 7,1983, by a viva-voce vote; Senate concurred in House ,ime-.ment on May 27, 1983, by a viva-voce vote; passed the House, with amendment, on S Ilan. _5. 1983, by a non-record vote. == A7.Pruved June 19, 1983. - ciiective Sept. 1, 1983. MUNICIPAL REINVESTMENT ZONES—TAX INCREMENT ' FINANCING _ .. CHAPTER 554 S. B. No. 641 AN ACT relating to the formation, termination, administration, and costs 4;k v Of municipally created . reinvestment zones that qualify for tax increment financing; amending Sections 2, 3, 4, J5, 6, 8, 9, 10, and 13, Texas Tax Increment Financing Act of 1981 (Article 1066e, Revised Statutes). i BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 2, 3, 4, 5, 6, 8, 9, 10, and 13, Texas r - Tax Increment Financing Act of 1981 (Article 1066e, Revised a �- Statutes), are amended 39to read as follows: "Section 2. DEFINITIONS, In this Act: l "(1) 'Captured .appraised value' means the amount by which the current appraised value of taxable real property located in the " ,i:• i 39• Vernon's Ann.Civ.St. art. 1066e, §§ 2 to 6,8 to 10. 13. Additions in text indicated by underline; deletions by (stfikeeirts 3213 A - 3Ls-�Ta v _ ° _ { Ch.- 554 68th LEGISLATURE—REGULAR. SESSION boundaries of a reinvestment zone exceeds its tax -increment base. Where multiple assessed , valuations are being used by different taxing units within a reinvestment zone the assessed valuation for each such taxing unit shall be used to determine the -captured appraised value for the purpose of determining the tax increment for each taxing entity. 'Federally assisted new community' means: :a federally assisted area that has received or will,receive assistance-in .the form of loan guarantees under`Title X of the National-- Housing -Act and a portion of that federally assisted area has received grants under Section 107(a)(1) of the Housing and Community Development Act of 1974, as amended. "(3) 'Project costs' means expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by-the city or town that are listed in a,project .plan• as ' costs of public works or - public .improvements in a reinvestment zone, plus other costs incidental _to the expenditures or obligations(---dimiaieked--by--nny--iweeme--speeiel-nseessmenle--er - ether-reventieeT-ether-limn-tnx-iwereinewts;-received--er--reneewnb}y �' expected--le-be-received-by-the-oily-er-leww-in-eewneeliew-with-tire A w• i�np}en�enlntiew-ef-the-prejeel-p}nn--wet-p}edged-le--eeenre--pnyn+ent of-the-tam-tmerement-bends]. Project costs include: "(A) capital costs, including the actual costs of the acquisition and construction of ' public ' works " or public ` improvements, new buildings, structures, and fixtures; the actual costs of the acquisition demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and fixtures; and the actual costs of the acquisition of 'land and equipment and the clearing and grading of land; "(B) financing costs, including all interest paid to holders of evidences of indebtedness or other obligations issued to pay for project costs and any premium paid over the principal amount-of the Additions in text indicated by underline: deletions by [sfsikeeuis] 3214 l p d ,� sad• � t:` �e � � vam� .a' :�N4 'kc.,r� � `Y u "x' ..'�,.�"'°' ..,.;x�,�`t,. .r'�#+T`� .�lw ,� Yl` t 1 TL '�: pi:r� 7n >��°..I� firs♦ .r.N w, ..,ae..�np.. � �k:. r -r• ' �'$•;� +R �f v i� dk q i I I 68th LEGISLATURE—REGULAR SESSION Ch. 554 obligations because of the redemption of the obligations prior to maturity; for "(C) real property assembly costs; (that--is---the--eiefiett -C.Z tnetnr red--bY--the--sale--er--iense-as-lesser-by-the-eity-or-town-of -^-•-er:t property-withtrt-e-reinvestment-eons-for-less-than-tke-ee�t--of--tke � .: ._—_ " property-te-the-city-er-town-j �-- 1 ,mfr•=;� I "(D) professional service costs, including those costs in me j incurred for architectural, planning, engineering, and legal advice Act and services; {rant<_ "(E) imputed administrative costs, including reasonable rt•o;ce::t ' charges for the time spent by employees of the city or town in i connection with the implementation of a project plan; -<wted to j "(F) relocation costs; to be "(G) organizational costs, including the costs of conducting t.AL's as environmental impact '= studies or other studies, the costs of It-tent i 15ublicizing the creation of a reinvestment zone, -and the cost of its Or implementing the project plan for the reinvestment zone; , •, °� 1 "(H) interest prior to and during construction and for= -one year after - completion of construction whether or'not capitalized; '�itl1-!he "(I) the cost of operating the reinvestment zone and project facilities; "(J) the amount of any contributions made by the city or k If the town from general revenue for the implementation of the project P.:bllc _ plan; and "JKJ ( Eajj payments made at' the discretion of"the governing t43�l;ng body of the city or town that the city or town finds necessary or •. and convenient to the creation of a reinvestment zone or to -the implementation of the project plans for the reinvestment zone.` "(4) 'Project plan' means the plan for the development or ti molders redevelopment redevelopment of a reinvestment zone approved as provided by this E UY for Act, including all amendments to the plan approved as provided by If the this Act. Additions in text indicated by underline; deletions by [str-ikeeuts] 3215 Al Ar a� sES . u r� per. y _ `� 1 . I Ch. 554 68th LEGISLATURE—REGULAR SESSION "(5) 'Reinvestment zone financing plan' means a detailed descriotion of the project costs including administrative expenses; the estimated amount of bonded indebtedness to be incurred; the expected sources of revenue to finance or z - pay project costs, including the percentaae of tax increment to be derived from # the property taxes of each taxing unit that levies real property 3 taxes in the zone; the current total appraised value of taxable real _property - in the zone; the estimated captured appraised value of the zone during each year of its existence and the duration of the zone. " 6 Taxing unit' refers- to a taxing unit as defined by Subdivision (12), Section 1.04, Property Tax Code. [46J7 OTax increment) means the amount of property taxes levied fora year on the captured appraised value. n ITax increment basel means the total appraised _ value of all taxable'real property in a reinvestment zone for the year in which the zone was designated a reinvestment zone as provided by this Act. _Where multiple assessed valuations are being ) used by different taxing units within a reinvestment zone -the assessed valuation for ..each such taxing unit shall be used toT �� ...,..� determine the tax increment base "LZ tEei) 'Tax increment.fund' .means a fund into which all tax increments, not retained by a taxing unit as provided by the reinvestment zone financing plan are paid, and all revenues from the sale of tax increment finance bonds or notes, revenues from the sale of any property acquired as part of a tax increment financing plan, or other revenues to be used in the reinvestment zone are deposited, and from which money is disbursed to pay.project costs for the zone or to satisfy claims of holders,of tax increment bonds or notes issued for the zone. "Section 3. CRITERIA FOR A REINVESTMENT ZONE. (a) An incorporated city or town may promote development or redevelopment Additions in text indicated by underline; `deletions by [sirikeewtsj 3216 `, q. ... it _ .- a *+k•a;� �'`?"!!hri n. a'�5' W, � a .. 6: 68th LEGISLATURE—REGULAR SESSION Ch. 554 of a contiguous geographic area within its jurisdiction through tax increment financing under this Act if the aovernina body of the city or town determines that development or-redevelopment would not occur solely throuah private investment in the reasonably *.._ foreseeable future. The incorporated city or town must adopt an ordinance in order to designate an area a reinvestment zone for tax increment financing. "(b) To be designated as a reinvestment zone an area must: "(1) substantially impair or arrest the sound growth- 'of a city or town, retard the provision of housing-accommodation&, or constitute an economic or social liability and be a menace -to the public health, safety, morals,-or welfare in its present condition and use by reason of the presence of a substantial number of substandard,'.- slum, deteriorated, or deteriorating structures; predominance of defective or inadequate sidewalk or street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions; deterioration of " site or other improvements; tax _or . special- assessment --delinquency exceeding the-- fair' value of -.-the land; defective :_or-_'unusual conditions of title; the existence of conditions that endanger life or property . by . fire or other cause; -or any. combination of these factors or conditions; [or) "(2) be predominately open and, because of obsolete platting or deterioration of structures or site improvements, substantially impair or arrest the sound growth of the city or town; or "(3) be in a federally assisted new community located_ within W city or town or-in an area immediately adjacent to the federally assisted new community[T-or "[ f4j--be-}seated-wke}}r__wi thin--nn--area--whisk--meets--lke regniremente--for--federal_-nesistanee--ender--See lsen--j}g__ef-the Fletietng-and-6em�nnitY-Beveiepi"en!-Aet-ef-}gT4--ne-n"+ended). -, Additions in text indicated by underline; deletions by [str4keell 3217 e s; �-eats 4 s� Ch. 554 68th LEGISLATURE-REGULAR SESSION "Section 4. HEARINGS; PROCEDURE. (a) Not later than the 60th day before the date of the 2ublic hearing reouired b Subsection e) of this section the governing body of the city or town must notify in writing the 2overning body of each taxing unit that levies real propert taxes in the proposed reinvestment zone that it intends to establish the zone. The notice shall contain a description of the Proposed boundaries of the zone the tentative plans for the development or redevelopment of the zone and an estimate of the eneral impact of the proposed zone on property values and tax revenues. The notice ma be iven later than the 60Lh day before the date of the ublic hearin if the overnin + body of each county and school district that levies real property taxes in the PK020sed zone agrees to waive the re quirement. "(b) A taxing unit may reguPa� additional information from the governing body of the city or town. The governing body of the city or town shall provide the information requested to the extent practicable In addition to the notice re guired by Subsection (a) of this section the governing body of the city or town shall - make a formal presentation to the governing bod of each county or school district that levies real proper t r taxes in the Proposed a reinvestment zone- The resentation shall include a descr-i tion of the proposed boundaries of the zone the tentative lane for the development or redevelo meet of the zone and an estimate of the general impact of the proposed zone on property values and tax revenues. The governing body of the cityy or town shall notify-each taxing unit that levies real Dropert y taxes in the _proposed reinvestment zone of each presentation to be made to a county or school district under this subsection. Members of the governin ! body of each taxing unit that leviea real ro ert taxes in the ro osed zone may attend a resentation under this subsection. It Yf agreed to by the county or school districts involved the governing body of the city or town may make a Single Presentation to more than one county or school district overning bod . Additions in text indicated by underline; deletions by [s4f4qWW4 3218 r, - 5 `y % } .a GSth LEGISLATURE—REGULAR SESSION Ch. 554 "(c) Not later than the 15th day after the date on which the q notice reuired by Subsection a of this section is given, each :. '. - axing unit that 'levies real property taxes in the proposed reinvestment zone shall designate a representative to meet with the aoverninq body of the city or town to discuss the oroiect lap and a the reinvestment zone financing plan and shall notify the governing body of the city or town of its designation At an time after the 15th day after the notice required by Subsection (a) ` of' this q section has been given to every taxing unit the governing body of the city or town may call a meeting of the representatives of the taxing units. The governing body of the. cit or town may call- as I� many meetings as it considers necessar . Each representative shall be notified of each meeting - in , advance. At the meetings the governing body of the city or town and the representatives of the other taxing units may - discuss the boundaries of the zone development within the zone the tax increment that each ' taxing unit will contribute to the tax increment fund the retention by a taxing unit of a portion of its tax increment AS permitted by Section 10 of this Act the exclusion of particular Darcels of property from the zone the board of directors of the zone .and tax collection for the zone On the motion of the -governing body of the city or town calling the meeting,any other matter relevant to the proposed reinvestment zone may be discussed. "(d) Before adopting an • ordinance providing for a reinvestment zone under this Act the governing body of the city or town shall prepare the preliminary reinvestment zone financing lap A copy of the plan shall be sent to the governing body of each taxing unit that levies real property taxes in the proposed zone as soon as the plan is completed. "jej Prior to adoption of an ordinance providing' 'for a reinvestment zone for tax increment financing a city or to" must hold a public hearing on the adoption of the zone and its benefits to - the city or town and to property in the zone. At the hearing Additions in text indicated by underline; deletions by [&tFiUeei+"l 3219 r e. y h Ch. 554 68th LEGISLATURE—REGULAR SESSION interested parties may speak for or against the creation, the boundaries of the reinvestment zone, and the concept of tax increment financing. Notice of the hearing must be published in a newspaper having general circulation in the city or town not later than seven days before the date of the hearing. (fbj) A city or town must provide a reasonable = opportunity for an owner of property to protest the inclusion of his property in the zone. "Jill [fell The, ordinance must: d "(1) 'describe -the boundaries of the reinvestment zone- with sufficient definiteness to identify with ordinary and reasonable s' certainty the territory included in the zone; .a "(2) create a board of directors for the zone and[-] specify the number of members of the board as provided by Section 6 of this Act[--end-appoint-the-imitiai-members-ef-the-beard]; _ • "-(3)' provide that the zone takes effect, on January- l of the I year following the year in which the zone is approved by adoption of the ordinance and-provide a date for termination of the zone; "(4) assign a name to the district for identification s purposes. The . first district . _created shall be known as 'Reinvestment Zone Number One, City or Town of .[ )' with each subsequently created zone assigned the next consecutive number; "(5) establish a 'Tax Increment Fund, " for the zone; and x °(6) contain findings that:'. ".(A) improvements in the zone will enhance significantly the value of all the taxable real property in the zone, although-the ordinance need not identify the specific parcels enhanced in value, and will be of general benefit to the city or town; . "(B) the area meets the requirements set out in Section 3 of this Act. "Section S. RESTRICTIONS. (a). A reinvestment zone may. -not be created if more than 10 percent of the property in the zone, excluding that which is publicly owned [-dediented-te-publie--nee], Additions in text indicated by underline; deletions by Istrikeauts] 3220 a a y. Y.. At 68th LEGISLATURE—REGULAR SESSION Ch. 554 is used for residential purposes, or if the total appraised value of taxable real property in the zone according to the most recent j appraisal rolls of the city or town and the total appraised value of taxable real property in existing zones according to the most recent appraisal rolls of the city or town exceeds 15 percent of the current total appraised value of taxable real property in the city or town and in the industrial districts created by the city or ' town. II "(b) The boundaries of a zone may be reduced or enlaroed by resolution or ordinance of the city or town provided, however, that such boundaries may not be changed to include within the zone property more than 10 percent ..of which, excluding property dedicated to public use, is used for residential purposes, or to include more than 15 percent of the current total appraised value of taxable real property in the city or town and in the industrial districts created by the city or town. m -- --- - "(c) For purposes of this section property is used for residential purposes if it is occupied by a house which has less than five living units- r A reinvestment zone may not be created nor may its boundaries be changed if the creation or change will result-.in more than 15 percent of the . total appraised value of real property taxable by a county or school district according to the most recent appraisal roll of the county or school district being located within one or more reinvestment zones. "Section 6. BOARD OF DIRECTORS. (a) The number of members of the board of directors may not be fewer than five nor more -- than 15 unless more than 15 members are re ired to satisf the provisions of Subsection (b) of this section. "(b) Each taxing unit that levies real property taxes in the reinvestment zone ma a oint one member of the board of directors of the zone. A unit ma waive its ri ht to a oint a director• The governing body of the city or town may appoint not more than 10 Additions in text indicated by underline deletions by [atFike*wU] 3221 w _ .y S Ch. 554 68th LEGISLATURE—REGULAR SESSION a additional directors to the board. However, if there are fewer than five directors aoneinted by taxing units other than the city ~ or town, the aoverr.ina bodv of the city or town may annoint more than 10 additional directors as Iona as the total membership of the board does not exceed 15. "(c) Members of the board of directors are appointed [by-the { µ ' 'w geverning--body--ef-the-e_t er-Eewn for terms of two Y- ) years unless longer terms are provided pursuant to Article XI, Section 11, Texas Constitution. Terms of members may be staggered. A vacancy on the board is filled for the unexpired term by appointment of the governing body of the taxing unit that appointed the director who r served in the vacant seat [eity-er-tswx). "(d) [ fef) To be eligible for appointment by the governing body of the city or town to the board of directors of a zone, an individual must: "(1) be a qualified voter of, the city or town; or "(2) be at least 18 years old and own real property in the zone, _without regard to whether he or she resides in the city or town. "[fd}--After-the-beard-ef-direeeere-has-existed-fer-ens-year; the-geverning-body-ef-the-city-er-tewn-by-erd:Hence-�ney-ebe}iek-tl�e beard-and-aastime-the-beard=e-pewere---duties---and- furnetisns�---An erd:Hance--under--this--enbeeetiea--rainy--be--ndepted--en}y--en--Eke -� nffir�nnt:ve-vets-of-rat-}east-three-fenrthe-ef-the--ineatbere--ef--the geverning-bedy-of-the-etty-er-tewn:) "(e) Each year the governing body of the city or town shall appoint one member of the board of directors to serve as chairman �3 of the board for a term of one year that begins on January 1 of the following year. The board of directors may elect a vice-chairman to preside in the absence of the chairman or when there is -a ,, vacancy in the position of chairman. The board may elect other officers as it sees fit." Additions in text indicated by underline: deletions by [str-ikeelmtra] ,i. 3222 � k µ _ t- -� 68th LEGISLATURE—REGULAR SESSION Ch. 554 "Section S. PLANS (PA8e26T--PeAN). (a) The board of - x directors of a reinvestment zone must prepare and adopt a project plan and a reinvestment zone financing plan for the zone and must i submit the plans [plan] to the governing body of the city or town. These plans must be as consistent as possible with the preliminary plans developed for the zone prior to the creation of the board. ° The reinvestment zone financing plan must include a statement listing the kind, number, and location of all proposed public works or public improvements in the zone, an economic feasibility study, a detailed list of estimated project costs, and a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred. The project-plan must [also] include a map showing existing uses and e conditions of real property in the zone and a map showing proposed improvements to and uses of real property in the zone. Proposed changes of zoning ordinances, the master plan, building codes, and city ordinances must also be included in the plan along with a list of estimated nonproject costs and a statement of a method of relocating persons to be displaced as a result of implementation of the plan. "(b) The governing body of the city or town must approve a project plan or reinvestment zone financing plan after Its adoption by the board. The approval must be by ordinance that finds that the plan is feasible and conforms to the master plan, if any, of the city or town. "(c) The board of directors of the zone at any time may adopt an amendment to the project plan consistent with the requirements and limitations of this Act. The amendment takes effect on approval by the governing body of the city or town. Approval must be by ordinance. If an amendment reduces' 'or increases the geographic area of the zone, increases the amount of bonded indebtedness to be incurred, increases or decreases the Additions in text indicated by underline; deletions by [&tF4cee4A&) 3M o- 6a # y , .-•--.r...-�.._.....�, ..... -._ l•:':�2'a Few Ch. 554 68th LEGISLATURE-REGULAR SESSION ercenta a of a tax increment to be contributed b • increases a taxing entity, the total estimated -project costs, or desi nates # additional Prop within the zone to be aceuired b . � the city, the approval must be by ordinance adopter a g at t ed aft ublic rinth satisfies the Drocedural requirements of Subsections e hea and f of Section 4 of this Act. -;" "Section 9• POWERS OF CITIES OR TOWNS. A city or town may • a MR exercise any power necessary and convenient to carry out this Act, including the power to: "(1) create reinvestment zones and to describe the boundaries of the zones; A "(2) cause project plans to be Prepared, to approve and implement the plans, and otherwise achieve the purposes of the plan; "(3) acquire real property � Y by purchase, condemnation, - or Other means to implement project plans and sell such such terms and conditions as it may ro ert u on deem advisable; ; "(4) issue tax increment bonds or notes; "(5) deposit tax increments into the tax increment fund; "(6) enter into agreements, including agreements ; -With bondholders, determined _;by the governing body of the city or town to be necessary or convenient -to implement .project, Plans­and achieve their purposes,. The agreements may include -conditions;' restrictions, or covenants that either run with other means re the land or by gulate or restrict the use of land; and "(7) consistent with a project Plan for a reinvestment zone adopted by the governing body of the city or . town, ..-acquire blighted, deteriorated, deteriorating, undeveloped, inappropriately developed real Property, or other property in a blighted area or_. in a federally assisted new community in the zone for the preservation or restoration of historic sites, beautification or conservation, ; YC• or the provision of public works �... or public facilities or .other Public purposes; or acquire, construct, reconstruct, or install Additions in text indicated by Underline; deletions by (&tp4*60Wt& _ 3224 r+6os,'��.,'���-i .ae�� „a•' '� 4'C' t _ r 1 -r:�e -"Y,r, # '"y '`K''� +''�-"�.ax�� v`a`" .. a -� _ t LW kz R w„� iz-; 'yam tx•.. 68th LEGISLATURE-REGULAR SESSION Ch. 554 �+ public works, facilities, and sites or other public improvements, _ e including utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, 7 educational facilities and parking facilities. a "Section 10. COLLECTION AND DEPOSIT OF TAX INCREMENTS. �(a) Each taxino unit that taxes real property in a reinvestment zone shall provide for the collection of its taxes in the zone as for any other property taxed by the unit The unit shall pay into the tax increment fund for the zone an amount equal to the tax increment produced by the unit less the sum of: "(1) any property taxes produced from the tax increments which are by contract executed prior to the designation of the area as a reinvestment zone required to be paid over by the taxing unit to another political subdivision; and "(2) a portion not to exceed 15 percent of the tax increment produced by the unit as provided by the reinvestment zone financing plan. {£er-pnrpeeee-ef-this-Ael--the--Enx--collector--fer the--esly-er-lewn-oho}}-have-the-sole-nUtkerily-and-duty-Ee-collect property-taxes-levied-by-eke-city-er--lewn--end--n}}__elker--lax:ng Unt to--an--taxable—re al—property--in—a-reinvestment-nome-and-for n}leenting-t),e-texeo-and-tax-increments-in-Eke-manner--required--by this-Act- ] , "(b) The taxing unit shall make the payment provided by Subsection (a) of this section not later than the 90th day after the delinquency date for the unit's property taxes A delinquent payment incurs a penalty of five percent of the amount delinquent and accrues interest at an annual rate of 10 percent [Hommeneing with-the-feral-payment-ef-tnxee-levied-by-eke-city-er-town-er-ether taxing-Unite-enbeegnenl-Ee--lke--lime--n--reinvestment--none-=tnkee effeel---reee:pte--f rem--tnxen--after-dedneting-costa-ef-eelleetien ehe}}-be-allocated-and-paid-ever-ne-feliewer Additions in text indicated by underline: deletions by [stoikeewtsJ ! 7 TecSess-Laws'a3--2o Jam! a. w- xt Ch' 554 68th LEGISLATURE—REGULAR- ULAR SESSION -w�f}�--�•here-ehe}}_giret--be__n}}aente a�*ennt-ef-tea}_Property-tnx_ d--nnd--paid--ever--the ea! Predneed-fte�r.-the_tnx-inerc-Men!- eneh- y-er_teK n end-Le-eeeh- ker- be be-te et taxine-unit. � x..... � _ the „� arty-er-town- nnd-peid-eve end-ta_caeh--ether-_ a^aged- r-te- predneed-- !axing--nn:t--anY--pre Rear-_the--lnx- PertY--laxee I9F?, ten snerearenta_Mhieh-a!e__b5'_eentteet- Pr=er-te-the-dee --ef-- exeented f re"tred--ta__ th e--area-_na__e__teinveetrenl--aene- be--paid__ever_bY-the-°}tY_er-town-er-elher- �: enbdir:aiea� Pe}iEiee} -xl-be-depeeited-into-the--tnx-- fnrd--eetnb}iahed-fer_the- 3nereaent aene-eai_tnx-inereanenle-predneed- enptnred- aPptniaed-vn}ne_ef- freae-the �. _LC_ A taxis tnxnb}e-rca}-ptepettY-irl-the-aene- unit is not re a tax into the fired to a zOhe s tax the increment increment was zone nt fund b e and three created or ears from the date effectiv if the zone was e date of this Act created before be and Se the followi co n tember 1 1986 ndition have s exist or unless the the been met withi date the zone was n three created ears from those °r riot to September 1 _ zones created i986 in before the effective .11) bonds date of this Act: _ have been issued for � this Act the zone under Section ll+of -. ...w 2 the to wn - _ or cit has ac tr,r -..•» pursuant to the fired ro art within the zone ro'ect lan or Q 31 construction of = im rovements lan has commenced in the zone w Pursuant to the s , ro act "Section 13. TERMINATION Og reinvestment A REINVESTMENT zone shall terminate 2oNE, A ordinance at the time designated in the creating the zone or at an earlier 1 subsequent ordinance, time designated 4nated by a � such time terminate in any °Vent the zone shall as all project costs at interest thereon and tax increment bonds, , have been and the Y Paid in full. - However, _ increment led d to the e the tax a ent of bonds and interest on the bonds ' Additions in text indicated by underline; deletions by 164r6 J 3226 1.� Y3Yt' -rYP 2, .µF - J.. ' L g'ii 4'Caaw "°gip. .n t : S w gc c <T A k4 " 68th LEGISLATURE-REGULAR SESSION Ch. 554 may be discharged and the reinvestment zone may be terminated if the city or town deposits or causes to be deocsited with a trustee _ or other escrow aaent as may be authorized by law funds that, toaether with the interest earned on the investment of the funds in direct obliaations of the United States of America, will be t sufficient to pay the principal of, 5 � _ p premium if any, and interest ,. on all bonds issued on behalf of the reinvestment zone at maturity or at the date fixed for the redemotion of the bonds and to pay anv other amounts as may become due including compensation due or to become due to the trustee or escrow agent." s - SECTION 2.40 (a) A reinvestment zone created or operated under the Texas Tax Increment Financing Act of 1981 (Article 1066e, Revised Statutes) as it existed before the effective date of this Act (or a reinvestment zone upon which there had been a hearing 3 { after a city had made expenditures with respect to its creation) I may operate as it existed (or as it was proposed to have existed) prior to the effective date of this Act; provided that, before January 1, 1984, the board of directors of the zone and the plans i for the zone are reconstituted to conform to Sections 6 and'8 of a ` the Texas Tax Increment Financing Act of 1981 (Article 1066e, Revised Statutes) as amended by this Act. Nothing herein contained is intended to or shall be construed to authorize the impairment of any contract entered into prior to the effective date of this Act. (b) Tax collection for a reinvestment zone for taxes imposed 11 in 1983 and before is governed by Section 10, Texas Tax Increment Financing Act of 1981 (Article 1066e, Revised Statutes), as it existed when the taxes were imposed. Tax collection and the deposit of tax increments into the tax increment fund for 1984 and subsequent tax years are governed by Section 30 of that Act as amended by this Act. SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an 40. Vernon's Ann.Cic.St. art. 1066e note. Additions in text indicated by underline: deletions by (etvikeeaats] f} 3227 JAewV a� ��k.�3'Zx' s.,_, =w tc}a '�'s .,c„r_3• i'.: _'s.. < _;�2�`� � ��: �- I ffir k %m Ch. 554 = 68th LEGISLATURE_ REGULAR SESSION emergent Y and an imperative _ constitutional rule ublic necessity that the nd bills to t is read on three several days in each house be suspended, and that this Act and this rule is hereby suspended, a_ take effect and be in force from Passage, and it is so enacted. m and after its Passed the Senate on March _ Senate concurred in House amendments son May 2�, 1983, b_v a done present vote: -ft �'a 0, one present not voting; House, with amendments, on May 25, 1983 by a non-record vote. passed the Approved June 19, 1983. x. Effective Aug. 29, 1983 90 days after date of adjournment. AIR CONDITIONING CONTRACTOR LICENSE LAW CHAPTER 55,541 _ S. B. No. 642 - AN ACT relating to the regulation, of air 'conditioning contractors; Providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. SHORT -- TITLE. This Act may be cited Conditioning Contr as the "Air actor License Law." _SECTION 2. DEFINITIONS; :In. this,Act: , (l) "Environmental air conditioning" of process treating means the 4 indoor air to Continuousl hwaidit Y control , its tem Y, cleanliness, _- Perature, and . ci requirements. rculation to meet human comfort (2) "Air conditioning .. q contractor" means a person licensed under this Act who y designs, installs, constructs, i services, repairs, maintains, alters, or modifies an air conditionin Y heating, ventilating, or 9 product, system, or equipment. 41. Vernon's Ann.Civ.St. art, 8861, §§ 1 to 11. Additions in tent indicated by underline. deletions by [ j 3228 r . 4 CALENDAR ** Friday, October 28 - Sheraton 7:00 P.M. - Welcome A.A. Convention * 8:00 P.M. - Ramada Inn - (MAYOR & MRS. NEILD) Annual Dinner - Sunlight Baptist Church (Rev. & Mrs. G.W. Daniels) * Saturday, October 29 - American Legion Post 817; 1188 Ewing 9:45 A.M. - Welcome American Legion Fall Convention (David Jenkins) 8:00 P.M. - Civic Center NAACP Freedom Fund Banquet (Mayor will give welcome & present Key to Patricia Russell McCloud, Guest Speaker) (Lorenzo Cole) Sunday, October 30 - Gallaghers Restaurant 6:00 P.M. - First annual Celebrity Halloween Cocktail Party to benefit Muscular Dystrophy Association ** Monday, October 31 - United Way Office 1:30 P.M. - United Way Meeting 2:30 P.M. - 2nd Floor Conference Room Planning Commission Work Shop 5:30-6:30 P.M. - 6550 College Meet Lloyd Doggett, Candidate for U,S, Senate * MAYOR ** MAYOR PRO TEM CALENDAR Page 2 Tuesday, November 1 - Council Chambers 1:15 P.M. - Council Meeting, followed by Work Session * 2:00 P.M. - CASA Office "PEP" Meeting ** 3:00 P.M. - United Way Office United Way Meeting ** Wednesday, November 2 - Beaumont Charlton-Pollard 10:30 A.M. - Speak to Special Education Students ** 7:00 P.M. - Lamar University Speak to Delta Sigma Pi 7:30 P.M. - Spindletop Room, Gray Library Lamar University Lecture by U.S. Ambassador to Guatemala, Frederic L. Chapin ** Thursday, November 3 -, Kelly Hi School 9:30 A.M. - Speak to Students ** 5:30 P.M. - City Jail Leadership Beaumont Meeting *** 4:00 P.M. - Southwest Communications; 340 Bowie; Suite 203 Ribbon Cutting Ceremonies ** 7:30 P.M. - Knights of Columbus Hall Speak to Boy Scouts ** Friday„ November 4 - Chamber of Commerce 3:00 P.M. - Leadership Beaumont Graduate Program ** 4:00 P.M. - Chamber of Commerce Leadership Texas Convention * MAYOR ** MAYOR PRO TEM *** COUNCILMAN MOORE CALENDAR > Page 3 ** Saturday, November 5 - Peaceful Rest Baptist Church; 2960 Houston 9:00 A.M. - Greetings to Regional Conference (Men - Knights of Pythias Women - Calanthians) (Gladys Washington Monday, November 7 - Council Chambers 3:00 P.M. - Planning Commission Meeting Tuesday, November 8 & Wednesday, November 9 - Lamar University, Room 721 8:30 A.M. - 5:00 P.M. - Special Council Meetings * MAYOR ** MAYOR PRO TEM *** COUNCILMAN MOORE