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HomeMy WebLinkAboutPACKET MAR 13 1984 Y Y AGENDA REGULAR SESSION OF THE CITY COUNCIL MARCH 13, 1984 CITY COUNCIL CHAMBERS 1: 15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. An ordinance changing the zoning from RM-H (Residential Multiple Family-High Density) to NC (Neighborhood Commercial ) on property at 4312 and 4316 Treadway. 2. An ordinance amending the fiscal year 1984 budget. 3. An ordinance amending the Administrative Ordinance of the City of Beaumont. 4. An ordinance amending Ordinance 84-20, relating to polling places. 5. An ordinance amending the Weed and Litter Ordinances. 6. Second reading of an ordinance amending commercial closed container sanitation franchises. 7. A resolution authorizing execution of an annual contract for liquid chlorine for use at the Water Production and Water Reclamation Plants. 8. A resolution authorizing eminent domain proceedings to acquire a parcel of land needed for the Crockett Connector Project. 9. A resolution authorizing execution of an agreement for engineering services relating to sanitary sewer projects. 10. A resolution authorizing participation with the National Institute of Municipal Law Officers in the case of South Carolina v. Regan, presently pending in the Supreme Court of the United States. 11. A resolution authorizing purchase of microfilm for the Police Depart- ment. Council Agenda March 13, 1984 Page 2 12. A resolution authorizing execution of a contract for petroleum pro- ducts. * Public Hearing - dilapidated structures. 13. An ordinance declaring certain dilapidated structures to be public nuisances and requiring their repair or removal . Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. 1. March 9, 1984 Council Letter 364 Honorable Mayor and Members of City Council Subject: Request for Zone Change from RM-H (Residential Multiple Family- High Density) to NC (Neighborhood Commercial ) 'This item was deferred during our meeting on February 28th at the request of the applicant in order to allow some time for discussion of the issue. It is again placed on the agenda for your consideration. 1,;Z1 r 3 Karl Nollenberger City Manager February 21, 1984 3. Council Letter 339 Honorable Mayor and Members of City Council Subject: Request for zone change from RM-H to NC on property located at 4312 and 4316 Treadway. GENERAL INFORMATION 9 1 V—Z Applicant Frances Shackelford Status of Applicant property owner Requested Action zone change from PI.1-H (Resi- dential Multiple Family - High Density) to NC (Neighborhood Commercial) Representative Uses in NC general merchandise stores, food stores , drug stores, fuel dealers, banks , real estate offices, washaterias, beauty and barber shops , doctor and dentist offices , day care centers Purpose correct existing zoning viola- tion Existing Zoning RM-H Location 4312 and 4316 Treadway Size 100 x 150 , 0. 344 acre Existing Land Use residence on west lot , sewing shop on east lot Surrounding Zoning and Land Use north - (across Treadway) R-3 , medical clinic east - RS, single family south - R-3 and RS , vacant west - R-3, single family Physical Features two residential lots ; combined frontage, of 100 feet LC cmnnrehensive Plan Activity Corridor SPECIAL INFORMATION Public Utilities Sanitary Sewer: 21 inch line Storm Drainage: open ditch to Eastex Freeway Water: 8 inch line Streets Treadway is designated as a local residential street and has a 60-foot right-of-way and 18-foot pavement. Fire Protection Station 1#4, Gladys and Lucas ANALYSIS Applicant has begun a sewing shop and retail sewing machine sales in a converted residence which was previously granted a specific use permit for a beauty shop. - The existing RM-H district complies with land use principles which state that the intensity of districts should transition in intensity as the distance from a major arterial increases. Due to the existing R-3 zone, the staff examined the surrounding_ land uses at the Treadway/Eastex frontage road intersection, only those properties having direct access to the Eastex frontage road would be considered for retail or commercial zoning. This would exclude the subject property since it is 102 feet east and does not have this access. Treadway, a local residential street, has an 18-foot pavement. The request is not in compliance with the comprehensive plan. ST-7.FF RECOMMENDATION Staff recommends denial of the request for NC based on: - the existing RM-H district complies with land use principles which state that intensity of districts should transition irr intensity as the distance from a major arterial increases ; - the applicant has begun a sewing shop and retail sewing machine sales in a converted residence which was previously granted a specific use permit for a beauty shop; and - 'the recuest is not in compliance with the comprehensive plan . < PL-'1N NG CO:IMISSION RECO LMENDATION The Planning Commission recommended denial of the request by a votes of `i to 0 . PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 13 Responses in Favor of Request 1 Responses Opposed to Request 7; a petition with 16 signatures was also sub- mitted; 3 of the signatures represented property owners within 200 feet which con- stitutes 70 of the land area It is recommended that this request be denied. Karl Nollenberger City Manager cc„ Sherell J. Cockrell, Planning Director FILE 910-Z. REQUEST FOR A ZONE CHANGE FROIN RM-H to NC ON PROPEPT r' DESCRIBED AS TRACTS 149,150, CI- Y TAX PLAT D-2, LOCATED 4312 & 4316 ` TREADWAY. \ $ t FRANCES SHACKELFORD D —235 \ ' 1/2nr a-AA -c I'v I-D D 22 Ilk \ ,r, 80' t AV r o a` • Q 7 f ? •I O q. I 4 s. a0 NO ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING FROM RM-H ( RESIDENTIAL MULTIPLE FAMILY - HIGH DENSITY) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT ON PROPERTY LOCATED AT 4312 AND 4316 TREADWAY ; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-5B thereof , is hereby amended by changing the zoning classification from RM-H ( Residential Multiple Family - High Density) District to NC ( Neighborhood Commercial) District on property located at 4312 and 4316 Treadway, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2 . That in all other respects the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not atfect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984. Mayor - - 2 - 2. March 8, 1984 Council Letter 368 Honorable Mayor and Members of City Council Subject: Budget Amendments 'The budget amendments presented for Council consideration consist of four major elements as follows: 1. The transfer of funds between departments necessary to the reorgani- zation of the City's environmental code enforcement and abatement program which was presented in conjunction with the Clean Community Commission in an effort to follow through with the Council 's request for greater focus and direction towards a cleaner community and the consolidation of building maintenance and housing related services under the new department of Building and Housing Services. For detail see attachments 1 and 2. 2. The appropriation of $64,988 from fund balance (General Fund) to cover the unbudgeted personnel costs for those employees affected by the re- duction in force who were retained on the payroll . This amendment is in keeping with the Council 's directive that Revenue Sharing funds be used to mitigate the adverse impact of that reduction in force as much as possible. For detail see attachment 3. 3. The allocation of $72,650 for the implementation of a coordinated em- ployee health services program. This expenditure authorization will be set up in the Insurance Fund. The elements of the plan impacted by these funds include the employee wellness program, the employee assis- tance program, and expanded health services program which were dis- cussed at Council Workshop on February 21, 1984. The funds will spe- ficially be used to employ a physician, occupational health nurse, and clerk, as well as provide for the employee assistance program. 4. The transfer of $243,500 from the Revenue Sharing Fund to the Fleet Re- placement Fund to cover the purchase of additional vehicles as author- ized by the City Council . These vehicles included trash trucks for the Sanitation Department and a one-ton truck with power crane for Water Utilities. 'The budget amendments as outlined above are >recommended for Council approval . Karl Nol1enberger City Manager Attachment 1 GENERAL FUND AMENDED DEPARTMENTAL FY 84 BUDGET Current Amended Department/Division Name FY 84 Budget FY 84 Budget City Council 161 ,400 161 ,400 Aid to Other Agencies 586,000 586,000 City Manager 268,140 279,695 Budget & Research 216 ,960 217 ,870 Personnel 563,730 563,730 Building Pfaint. (Trans.to Bldg. 1 ,606,450 - Fousing Serv.) Executive Department 3,402,680 1 ,808,695 Legal Department 290,240 290,240 City Clerk 156,350 156,350 Municipal Court 451 ,970 451 ,970 Clerk & Court 608,320 608,320 Planning Department 323,840 323,840 Finance 100,400 100,400 Accounting 276,420 276,420 Central Collections 413,270 413,270 Purchasing 117 ,490 122,024 Information Systems 755,780 755,780 Finance Department 1 ,663,360 1,667,894 Police - Admin. 587,930 587,930 Police - Patrol 4,689,000 4,713,025 Police - Investigation 2,431,820 2,431,820 Police - Services 2,012,610 2,012,610 Police Department 9,721 ,360 9,745,385 Fire - Admin. 947,550 947 ,550 Fire - Suppression 6,870,750 6,870,750 Fire Department 7,818 ,300 7,818 ,300 Emergency Medical Servies 522,075 522,075 Attachment 1 Page 2 of 2 Urban Trans. - Admin. 328 ,980 328 ,980 Urban Trans. - Fngi neering 828 ,890 828,890 Urban Trans. - Drainage 2,437 ,550 2,309 ,720 Urban Trans. - Streets 2,029 ,940 2,029 ,940 Urban Trans. - Traffic 1 ,931 ,110 1 ,931,110 Urban Trans. - Transit 508,800 508 ,800 Urban Transportation Department 8,065,270 7,937 ,440 Building & Housing Services 88,840 88,840 Building Inspection 466,520 466,520 Environmental Control 498,070 289,080 Building Maintenance - 1,583,853 Animal Control (Trans. to Health) 253,630 - Building & Housing Services 1 ,307,060 2,428,293 Parks - Admin. 124,800 124,800 Parks - Parks 1 ,641 ,090 1 ,842,467 Parks - Pecreation 383 ,790 383 ,790 :Parks & Recreation Department 2,149,680 2,351 ,057 :Public Library 1 ,252,280 1,252 ,280 Health 980,530 1 ,142,120 Community Health Clinic 225,440 225 ,440 Animal Control - 274 ,044 Public Health 1 ,205,970 1 ,641 ,604 Community Facilities 953,000 953,000 Total 39,283,435 39,348 ,423 Attachment 2 BUDGET AMENDMENTS BUILDING MAINTENANCE - B741 Original Transfer Adjustments Amended Acct. Account Fiscal 84 To Animal Transfer Fiscal 84 No. Name Budget Control To Parks Budget * 108 Salaries & Wages 906,000 (15,434) ( 17,100) 887,316 109 Part-Time/Over-Time 29,600 - - 29,600 113 Retirement Costs 130,970 ( 2,160) ( 2,050) 128,702 114 Insurances 120,980 2,820 ( 1,645) 119 ,335 Total Personnel 1,187,550 (20,414) ( 20,795) 1,164,953 201 Office Supplies 2,900 - - 2,900 202 Postage 100 - - 100 204 Wearing Apparel 5,500 - - 5,500 205 Small Tools & Equip. 9,600 - - 9,600 206 Fuel & Lube 14,800 - - 14,800 207 Cleaning Supplies 15,000 - - 15 ,000 209 Educational Materials 800 - - 800 217 Building Materials 14,000 - - 14,000 219 Electronic Materials 60,000 - 60,000 299 Sundry Supplies 8,000 - - 8,000 Total Supplies 130,000 - - 130,700 318 Telephone 9,000 - - 91000 319 Electricity 128,600 - - 128,600 320 Gas 17,600 - - 17,600 321 Water & Sewer 2,100 - - 2,100 322 Trash Collection 2,600 - - 2,600 323 Organizational Dues 500 - - 500 324 Auto Allowance 5,700 - - 5,700 325 Fleet Rental & Ins. 33,900 - - 33,900 326 Lease & Rent 1 ,200 - - 1,200 330 Building Maintenance 30,000 - - 30,000 331 Vehicular Maintenance 14,800 - - 14,800 332 Equipment Maintenance 37,700 - 37,700 334 Travel & Training 3,000 - 3,000 Total Services 286,700 - - 286,700 230 Fixed Assets 1 ,500 - 1 ,500 Total Capital Outlay 1,500 - - 11500 Total 1 ,606,450 (20,414) ( 20,795) 1,583,853 * Includes adjustment for costs related to reduction in force of $18,612. Attachment 2 Page 2 of 5 BUDGET AMENDMENTS HEALTH DEPARTMENT - B640 Original Adjustments Amended Acct. Account Fiscal 84 Transfer From Fiscal 84 No. Name Budget Environ. Control Budget 108 Salaries & Wages 618,000 91 ,120 709,120 109 Part-Time/Over-Time 23,300 - 23,300 113 Retirement Costs 89,800 10,935 100,735 114 Insurances 97,500 13,160 110,660 Total Personnel 828,600 115,215 943,815 201 Office Supplies 4,500 6,000 10,500 202 Postage 2,900 5,800 8,700 204 Wearing Apparel - 500 500 205 Small Tools & Equip. 13,255 - 13,255 206 Fuel & Lube 900 4,000 4,900 207 Cleaning Supplies 2,860 - 2,860 209 Educational Materials 1,750 - 1,750 299 Sundry Supplies 12,500 300 12,800 Total Supplies 38,665 16,600 55,265 318 Telephone 12,600 1 ,600 14,200 319 Electricity 16,650 - 16,650 320 Gas 2,300 - 2,300 321 Water & Sewer 850 - 850 322 Trash Collection 800 - 800 323 Organizational Dues 500 - 500 324 Auto Allowance 31 ,200 - 31,200 325 Fleet Rental & Ins. 11500 3,975 5,475 326 Lease & Rent 3,400 - 3,400 327 Professional Services 11,000 - 11,000 329 Insurance & Claims 1 ,350 - 1 ,350 330 Building Maintenance 4,500 - 4,500 331 Vehicular Maintenance 300 3,700 4,000 332 Equipment Maintenance 3,850 - 3,850 333 Special Services - 20,000 20,000 334 Travel & Training 3,800 500 4,300 Total Services 94,600 29,775 124,375 230 Fixed Assets 18,665 - 18,665 Total Capital Outlay 18 ,665 - 18,665 Total 980,530 161 ,590 1 ,142,120 Attachment 2 Page 3 of 5 BUDGET AMENDMENTS DRAINAGE DIVISION - B370 Original Adjustments Amended Acct. Account Fiscal 84 Transfer Fiscal 84 No. Name Budget To Parks Budget 108 Salaries & Wages 1,188,100 ( 65,655) 1 ,122,445 109 Part-time/Over-Time 17,500 - 17,500 113 Retirement Costs 168,720 ( 7,880) 160,840 114 Insurances 200,780 ( 9,870) 190,910 Total Personnel 1,575,100 ( 83,405) 1 ,491,695 201 Office Supplies 11500 - 1 ,500 202 Postage 30 - 30 204 Wearing Apparel 10,210 ( 425) 9,785 205 Small Tools & Equip. 12,000 ( 600) 11 ,400 206 Fuel & Lube 149,470 ( 4,000) 145,470 207 Cleaning Supplies 1 ,500 - 1 ,500 209 Educational Materials 50 - 50 216 Heavy Materials 255,000 ( 6,000 249,000 299 Sundry Supplies 300 - 300 Total Supplies 430,060 ( 11 ,025) 419,035 318 Telephone 4,500 - 4,500 319 Electricity 7,000 - 7,000 320 Gas 2,000 - 2,000 321 Water & Sewer 1,500 - 1 ,500 323 Organizational Dues 100 - 100 324 Auto Allowance 2,400 - 2,400 325 Fleet Rental & Ins. 223,560 ( 11,200) 212,360 326 Lease & Rent 4,500 - 4,500 330 Building Maintenance 2,000 - 2,000 331 Vehicular Maintenance 162,580 ( 12,000) 150,580 332 Equipment Maintenance 7,500 - 7,500 334 Travel & Training 750 - 750 Total Services 418,390 ( 23,200) 395,190 230 Fixed Assets 14,000 10,200) 3,800 Total Capital Outlay 14,000 ( 10,200) 3,800 Total 2,437,550 127,830) 2,309,720 Attachment 2 Page 4 of 5 BUDGET AMENDMENTS ENVIRONMENTAL CONTROL - B520 Original Adjustments Amended Acct. Account Fiscal 84 Transfer Transfer Fiscal 84 No. Name Budget To Parks To Health Budget 108 Salaries & Wages 267,450 ( 21 ,500) ( 91 ,120) 154,830 109 Part-Time/Over-Time 1 ,100 ( 11100) - - 113 Retirement Costs 37,400 ( 2,710) ( 10,935) 23,755 114 Insurances 37,320 ( 3,290) ( 13,160) 20,870 Total Personnel 343,270 ( 28,600) (115,215) 199,455 201 Office Supplies 8,000 - ( 6,000) 2,000 202 Postage 91000 - ( 5,800) 3,200 204 Wearing Apparel 1,500 ( 300) ( 500) 700 205 Small Tools & Equip. 500 ( 400) - 100 206 Fuel & Lube 10,000 ( 4,000) ( 4,000) 2,000 299 Sundry Supplies 500 - ( 300) 200 Total Supplies 29,500 ( 4,700) ( 16,600) 8,200 318 Telephone 3,200 - ( 1 ,600) 1 ,600 323 Organizational Dues 100 - - 100 324 Auto Allowance 2,500 - - 2,500 325 Fleet Rental & Ins. 20,000 ( 6,500) ( 3,975) 9,525 328 Advertising 11000 - - 11000 331 Vehicular Maintenance 15,000 ( 7,000) ( 3,700) 4,300 332 Equipment Maint. 300 ( 300) - - 333 Special Services 75,000 - ( 20,000) 55,000 334 Travel & Training 2,000 ( 300) 500) 1 ,200 Total Services 119,100 ( 14,100) ( 29,775) 75,225 230 Fixed Assets 6,200 - - 6,200 Total Capital Outlay 6,200 - - 6,200 Total 498,070 ( 47,400) 161,590) 289,080 Attachment 2 Page 5 of 5 BUDGET AMENDMENTS PARKS DIVISION - B612 Transfer Transfer Original From Transfer From Amended Acct. Account Fiscal 84 Environ. From Building Fiscal 84 No. Name Budget Control Drainage Maint. Budget * 108 Salaries & Wages $ 698,900 $ 21 ,500 $ 65,655 $ - $ 791 ,407 109 Part-Time/Over-Time 53,000 11100 - 20,795 74,895 113 Retirement Costs 100,368 2,710 7,880 - 110,958 114 Insurances 121 ,030 3,290 9,870 - 134,190 Total Personnel 973,298 28,600 83,405 20,795 1 ,111 ,450 203 Food 200 200 204 Wearing Apparel 600 300 425 - 1 ,325 205 Small Tools & Equip. 14,000 400 600 - 15,000 206 Fuel & Lube 33,500 4,000 4,000 - 41 ,500 207 Cleaning Supplies 2,500 - - - 2,500 216 Heavy Materials - 6,000 - 6,000 217 Building Materials 12,000 - - - 12,000 299 Sundry Supplies 15,000 - - - 15,000 Total Supplies 77,800 4,700 11 ,025 - 93,525 319 Electricity 116,600 - - - 116,600 320 Gas 12,000 - - - 12.000 321 Water & Sewer 57,200 - - - 57,200 322 Trash Collection 3,000 - - - 3,000 323 Organizational Dues 200 - - - 200 324 Auto Allowance 2,400 - 2,400 325 Fleet Rental & Ins. 58,000 6,500 11,200 - 75,700 326 Lease & Rent 500 - - - 500 327 Professional Services 11000 - - - 11000 330 Building Maintenance 52,320 - 52,320 331 Vehicular Maintenance 72,500 7,000 12,000 - 91 ,500 332 Equipment Maintenance 10,000 300 - - 10,300 333 Special Services 171 ,672 - - 171,672 334 Travel & Training 11000 300 - - 1 ,300 Total Services 558,392 14,100 23,200 - 595,692 230 Fixed Assets 31 ,600 - 10,200 - 41 ,800 Total Capital Outlay 31 ,600 - 10,200 - 41 ,800 Total $1 ,641 ,090 $ 47,400 $127,830 $ 20,795 $1 ,842,467 * Includes adjustment for costs related to reduction in force of $5,352. Attachment 3 SUMMARY OF PERSONNEL BUDGETS (108) PROPOSED ADJUSTMENTS Current Amended Activity Budget Adjustment Budget Police - Patrol $3,371,250 $ 24,025 $3,395,275 City Manager 189,120 11,555 200,675 Purchasing 80,520 3,720 84,240 Budget & Research 162,335 910 163,245 Central Stores 29,150 814* 29 ,964 Adjustments $ 41 ,024 Building Maintenance 18,612 Detailed in Parks 5,352 Attachment 2 Adjustments 23,964 Total $ 64,988 *Will be included in one time adjustment through purchasing division's budget. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR COMMENCING OCTOBER 1 , 1983 ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the City Manager has submitted to the City Council a revised budget estimate necessary to the reorganization of the city' s Environmental Code Enforcement and Abatement Program; to provide for personnel costs associated with reductions in force; the implementation of a coordinated employee health services program; and an addition to the Fleet Replacement Fund; and, WHEREAS, the City Council desires to revise the budget of the City of Beaumont as recommended by the City Manager; NO6d , THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the budget of the City of Beaumont for the fiscal year commencing October 1 , 1983 and ending September 30, 1984, be, and the same is hereby , amended by appropriating the departmental, divisional and fund budgets in the amounts as shown in the column entitled "'Amended FY 84 Budget" on Exhibit "A" which is attached hereto and made a part hereof for all purposes, and the various appropriations as shown on the attached Exhibit "A" are hereby appropriated to the purposes therein indicated. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - - 2 - 3. March 9, 1984 Council Letter 363 Honorable Mayor and Members of City Council Subject: Amending the Administrative Ordinance of the City of Beaumont The Council has discussed in a recent Work Session, the proposed reorganiza- tion of certain key departments in the City of Beaumont in order to improve our ability to deal with the problems associated with achieving a cleaner community. These changes, which are extensively discussed in Council Letter 324, are summarized as follows: 1. The City effort in weed abatement and little control will be improved by the transfer of all actual mowing activi- ties now split between Urban Transportation, Code Enforce- ment and Park and Recreation into a single unified effort coordinated under the Parks Department. The ordinance in- corporates language in the appropriate section clarifying the responsibilities for this maintenance under Parks and Recreation. 2. It was determined that the Code Enforcement activities of the City, now split between Code Enforcement, the Health Department and Animal Control , could best be met by consolidation of all enforcement activities under the con- trol of the Health Department. The one exception to this blanket rule was that all Housing Code violations would be placed under a newly-created Department of Building and Housing Services. The language necessary for the creation of this new department is contained within the proposed ordinance and the language transferring all activities be- tween the various departments and clarifying the responsi- bilities in the ordinance is also contained therein. 3. In the area of Housing activities, the creation of the new Department of Building and Housing Services has allowed us to transfer intact from the Department of Administration, the entire Building Maintenance Division and assign it to this new department. In addition, the existing Building Inspection Division will also be transferred intact to the new department. Language covering these transfers and changes is included in the appropriate sections. Council Letter 363 March 9, 1984 Page 2 A final principal revision contained in the ordinance involves the deletion of the inactive Department of Community Development. This Department is re- placed by correctly designating the Department of Planning and Zoning as a principal organizational unit of the City. This change effectively ac- knowledges our existing organizational structure. All these changes are in keeping with the intent of the effort being made by Council to move towards a cleaner community by maximizing organizational effectiveness of the existing staff and personnel . These ordinance changes merely reflect the adjustments necessary in our existing code to accomplish these objectives. It is recommended that the ordinance amendments be adopted. Karl Nollenberger City Manager W/S February 10, 1984 1. Council Letter 324 Honorable Mayor and Members of City Council :Subject: A Cleaner Community Any viable community must continually strive to identify those areas which are perceived as being deficient and in need of improvement in order to achieve some measure of a higher quality of life. Over the past several months, the Clean Community Commission, the Chamber of Commerce's Clean Appearance Committee and the City Council have all taken positions with respect to the broad issue of community appearance. The Council , within their recent target-setting session in October, identified community appearance, as well as issues of garbage and trash collection and improvements in low income housing efforts, as priorities that needed ef- forts. In addition, a key and identified component of Economic Development, the attraction of new industry, depends to a great degree on the manner in which the community presents itself visually. This perception of "clean" ties directly to an important priority of the Council . The close inter- working required between the Chamber, the Commission, the staff and citizen groups such as the Oaks Neighborhood Association have been and will continue to be of real benefit in breaking down the inevitable barriers that seem to proliferate between governmental units and the public. From the staff perspective, several problem areas in vegetation control and garbage and trash collection had been identified last summer and con- siderable effort had already gone into resolving inter-departmental mis- understandings, definitional problems and lack of suitable equipment re- quired to perform the necessary tasks. Within these discussions, it became apparent that the entire spectrum involving enforcement activities, abate- ment procedures and collection practices needed to be analyzed with the objective of insuring that maximum efficiencies were present in our service delivery efforts. Accordingly, as a first step, we have been reviewing our existing organi- zational framework and are recommending certain changes which would con- solidate activities in departments that are consistent with their primary function. 1 Council Letter 324 February 10, 1984 Page 2 These recommended changes within and between the Health Department, Building Maintenance, Code Enforcement, Urban Transportation, Parks and Recreation and the Housing Rehabilitation Program, under CDBG, are intended to achieve the following objectives: 1. Improved coordination of the service delivery system. 2. Provide for better accountability to management for assigned responsibilities. 3. Provide for easier access for citizens who call to report problems. It would eliminate any need for com- munications with different departments. 4. Elimination of overlapping functions and responsibilities among various departments to provide increased coordina- tion and efficiency. 5. Clarification of citizen and city government responsibi- lities. 6. Achievement of a complete visually pleasing effect in areas designated for City maintenance. These organizational adjustments will be accomplished with an overall net re- duction of one position in the FY 84 budget. We have proposed our consolidation of functions and reorganization of activi- -ties within the following target areas: weed abatement and litter control , code enforcement, housing activities and trash and garbage collection. Each of these areas required certain specific changes in programs or a shift in emphasis within existing programs. Weed Abatement and Litter Control - In order to improve our service delivery capabilities in this area, we propose that all actual mowing activities in the City now split between Urban Transportation, Code Enforcement and Parks and Recreation be consolidated within the Parks and Recreation Department. It is felt that this action will allow improved scheduling of mowing and in- creased accountability within the organization. Personnel and equipment currently committed to these activities in Urban Transportation and Code En- forcement will be transferred by budget amendment to Parks. It should be pointed out that, while we have identified some 57 miles of principal streets that will require mowing and litter removal , it will not be pos- sible in this first year to completely address this issue inasmuch as we have available only some $20,000 to be utilized for part-time personnel Council Letter 324 February 10, 1984 Page 3 for litter pickup. We will use this summer's experience to better asses our requirements in this important area. The funds proposed for utilization in this program are derived from savings resulting from personnel considerations. In addition, within the "deep ditch" mowing function, transferred to Parks from Urban Transportation, we will use this summer's experience to assess our ultimate equipment and personnel needs. Enforcement Activities - In analyses of the Code Enforcement activities of the City, we determined that a consolidation of functions now performed by Code Enforcement, the Health Department and Animal Control would best meet our current requirements. Therefore, we are proposing that all weed, litter, trash, animal control , junked motor and abandoned vehicle violation en- forcement be consolidated under the Health Department. All housing code violations will remain with the newly-created Department of Building and Housing Services. This consolidation will be accomplished by the transfer of personnel and equipment from Code Enforcement and Animal Control to the Health Department. Personnel involved in enforcement activities will be cross-trained in all the areas of responsibility. In addition, the Police Department will properly retain the •.sole responsibility for enforcement ac- tivities related to illegal hauling and/or spillage, as well as intentional littering from moving vehicles. Housing Activities - The transfer of all health-related inspection functions to the Health Department will enable to City to consolidate, and thus place emphasis on all housing and service functions under a new Department of Building and Housing Services. This Department will have assigned to it the entire Building Maintenance Division, which will be transferred intact from the Department of Administration. The Inspection functions remaining with this Department would be limited to codes relating to housing stock and building activities. In addition, this consolidation will enable individuals who now split time between Code Inspection functions and Housing Rehabilita- tion to "focus in" on the clearly-identified priority relating to improvement of the housing stock in the City. This area will receive additional at- tention in discussion of the 1984 Community Development Block Grant budget to be presented to Council in March or April . Trash and Garbage Collection - A crucial component of any clean community effort certainly revolves around the provision of an adequate trash and garbage-collection system. In order to address some problems with this ser- vice, we have examined the function, looking at scheduling requirements and equipment needs. Problems associated with inadequate and insufficient equipment have already been addressed by earlier Council action. A new routing system has been completed and the new scheduling will be ready for implementation by March 6, 1984. It has been designed for more efficient travel to the new landfill . Council Letter 324 February 10, 1984 Page 4 Instead of north/south boundaries, the City essentially has been divided east/west (see attached maps) . Two more residential routes have been added in order to assure timely collection. This brings to twenty the number of garbage routes in each east/west area. Trash routes also have been revised. 'There will be four numbered areas which will have trash collection on the corresponding number, beginning the first Monday of the first week of each month (see attached map and schedule) . We will also include, as a part of the map and schdedule which will be mailed to all Beaumont residences, a listing of all days on which there will be no residential service. For the remainder of 1984, service will not be provided on November 22nd and 23rd, Thursday amd Friday of Thanksgiving, and Christmas Day, Tuesday, December 25th. Service will be provided on all other holiday periods. We have decided on this course of action to deal with the perceived problem of pickup on Monday holiday periods and also to deal with the fact that the pressure on the system after a no-collection day is severe and causes us a great deal of problems in dealing with overtime and excessive garbage volumes. The definitive scheduling of trash collection will also allow us to block out three one-week periods during the year which will be used as vacation periods for the personnel , or for scheduling of special cleanup efforts. Since communication to citizens informing them of the collection route schedule changes is absolutely essential , we will utilize the following pro- cedures: 1. Prepare maps and schedule and have ready for a City- wide mailout to all metered residents by February 20th. 2. Do press releases to all area media. 3. Purchase an ad on the inside front page of the Saturday Enterprise on a regular basis. 4. Send PSA's on a weekly basis to radio stations, asking them to remind citizens to put their trash out that week. 5. Have the Sanitation Department include on their tele- phone recording answering system what area we are in that week for trash pickup. 6. Have the landfill answering system state the location of the new landfill , how to get there and the hours it is open. 7. Provide schedules for the Response Center. Council Letter 324 February 10, 1984 Page 5 The final effort in this activity will be the drafting of a revised ordinance which will speak clearly to guidelines for enforcement and operations as it relates to weed and litter control . This ordinance will incorporate the fol- lowing points: 1. "Special maintenance agreements" with other government entities. 2. Major arterial streets as defined by the City's trans- portation plan. 3. Street right-of-ways , dedicated but not paved. 4. Medians, boulevards, esplanades. 5. City-owned properties. 6. Immediate vegetation hazards to person or property. 7. Ditches defined herein as any ditch exceeding a depth of 4 feet or with a slope ratio of less than 1:1-112 feet. 8. Exclusive drainage easements. 9. Notification process for non-compliance and cost conse- quences to citizens from abatement and fine activity. This delineation of responsibilities will clarify the role assigned to the public sector and that assigned to property owners. City staff will proceed to clearly identify locations in the community where we will assume res- ponsibility and notify property owners of their role in the system. Lack of clarity in this area has been a major part of the problems experienced in the past. `J Karl Nollenberger City Manager Attach. NO ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE A CHANGE IN RESPONSIBILITIES FOR VARIOUS DEPARTMENTS AND DIVISIONS AND CHANGING VARIOUS DEPARTMENT AND DIVISION TITLES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1 . Chapter 2 of the Code of Ordinances of the City of Beaumont is hereby amended to repeal Section 2-42, Section 2-85 and Section 2-86. Section 2. That Section 2-40 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended to read as follows: Section 2-40 - Department of Administration; City Manager There is hereby established the Department of Administration, the head of which shall be the city manager or his designee. The city manager or his designee shall have responsibility for the following functions among others: Budget and Research and Personnel and Safety. The head of such department shall be responsible for such other functional areas as may be determined by the city manager. Section 3. Chapter 2 of the Code of Ordinances of the City of Beaumont is hereby amended by amending Section 2-70 to read as follows: Section 2-70 - Department of Health; Director There is hereby established a Department of Health, the administrative head of which shall be the director. The Department of health shall provide general administrative supervision to all public health activities to safeguard and improve the general health of the city. The Department of Health shall be responsible for coordinating public health services and applying sound public health practices, shall be responsible for the recording of vital statistics, and shall enforce all health laws within its jurisdiction. The Department shall enforce those ordinances and laws which regulate weeds, sign location, litter, trash, animals and junked and abandoned motor vehicles. The Department of Health shall perform such other duties as may be delegated to it from time to time by the city manager. Section 4 . That Chapter 2 of the Code of Ordinances of the City of Beaumont is hereby amended to change the designation of Division 6 such that Division 6 will read as follows: Division 6 - Department of Building and Housing Services Section 2-80 The Department of Building and Housing Services is established to be under the control and direction of the director of Building and Housing Services who shall be appointed by the city manager and subject to direction by the city manager. The director of Building and Housing Services shall be responsible for the enforcement of those ordinances regulating building inspections, minimum housing, dilapidated structures and building maintenance and operations. Section 2-80. 1 Within the Department of Building and Housing Services there is hereby established the Division of Environmental Control the head of which shall be the Environmental Control Administrator. The duties of this division shall be to administer a program of enforcement of those regulatory ordinances of the city involving minimum housing and dilapidated structures; and to perform such other duties and functions as may be assigned to it from time to time by the director of Building and Housing Services or the city manager. - 2 - Section 2-80. 2 Within the Department of Building and Housing Services there is hereby established the Division of Building Inspections, the head of which shall be the Building Inspections Administrator. The Division of Building Inspections shall be responsible for the enforcement of all ordinances relating to building, plumbing and electrical wiring of all buildings or structures being erected or altered, or in which the plumbing or electrical wiring is being installed or altered; for inspecting all such buildings and structures for the issuance of permits therefor and for such other activities as may be necessary to the enforcement of ordinance provisions relating thereto. The Building Inspections Administrator shall perform such other duties as may be delegated to him from tune to time by the Director of Building and Housing Services or by the City Manager. Section 2-80. 3 There is hereby established the division of building maintenance and operations. This division shall be responsible for the maintenance of all buildings owned or used by the city, including fixtures and accessories to such buildings ; and for the remodeling of such buildings on the direction of the city manager. This division shall perform such other duties and functions as may be delegated to it from time to time by the director of Building and Housing Services or the city manager. Section 5. There is hereby established a new Division 7 establishing a Department of Planning and Zoning and an amended Section 2-81 to read as follows: Division 7 - Department of Planning and Zoning Section 2-81 The Department of Planning and Zoning is hereby established, the head of which shall be the Director of Planning and Zoning. The department 3 - shall perform such duties with reference to planning and zoning as are authorized under the charter and ordinances of the city and applicable state laws, and such other duties as may be assigned to the department by the city manager. The director of Planning and Zoning shall coordinate the work and assist the city Planning and Zoning Commission in the performance of its duties. The director shall have direct supervision over the administrative details of the city Planning and Zoning Commission and the board of adjustment and shall supervise the keeping of their records. The Division of Planning and Zoning shall be responsible for the enforcement of the city' s zoning ordinances. Section 6 . Chapter 2 , Section 2-88 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 2-88 The director of Planning and Zoning or his designee shall serve as secretary of the committee without vote. The duties of the secretary will be as follows: 1 ) To serve as a nonvoting member; 2 ) To attend all meetings of the committee and of its appointed committees; 3 ) To maintain a record of all activities of the committee; 4 ) To provide the committee with all informa- tion necessary for the performance of its duties; 5 ) To submit a proposed agenda to the committee chairman and members; 6 ) To invite the participation of the interested parties concerned with topics of the agenda; 7 ) To coordinate the attendance of staff personnel of the city; - 4 - 8 ) To introduce items on the agenda and present applicable information as shall be necessary to aid in resolving problems; 9 ) To provide such clerical-administrative support as is required by the committee; 10) To arrange for all meetings to be held as directed by the chairman of the committee. Section 7 . Chapter 2 , Section 2-120 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 2-120 There is hereby established the Department of Parks and Recreation, the head of which shall be the Director of Parks and Recreation. This department shall be responsible for maintenance of all parks and playgrounds belonging to the city , supervision of all public recreation activities carried on under the control of the city , maintenance of all equipment necessary for the up keep of all parks and playgrounds belonging to the city , for all mowing activities on city property, for collection of fees and the arrangement for rentals for all park and playground facilities and shall perform such other duties and functions as may be delegated to it from time to time by the city manager. Section 8 . 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 in no wise affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. 5 - Section 9 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1984. Mayor - 6 - 4. March 9, 1984 Council Letter 358 Honorable Mayor and Members of City Council :Subject: Locational Changes for April 7th Polling Places In our review of polling places for the April 7th election, staff noted that four duplicate sites existed between South Park Independent School District locations and City of Beaumont locations. Whenever possible, it is desirable to allow joint School District and Muni- cipal voting at single locations. In this particular case, the problem can be resolved by making the following changes in polling places: Precinct From To 21 Pietzsch Elementary Tyrrell Park Elementary 26 Amelia Elementary Oaks Education Center 88 Guess Elementary Pine Burr Baptist Church 89 Austin Jr. High French Elementary All election polling places will be listed in the paper and no problem is foreseen in making these changes. It is recommended that the ordinance, as amended, be adopted. Karl Nollenberger City Manager •r-a ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 84-20, THE GENERAL MUNICIPAL ELECTION ORDINANCE TO CHANGE CERTAIN POLLING PLACES; AND PROVIDING FOR SEVERABILITY. WHEREAS, on the 31st day of January , 1984, the City Council adopted Ordinance 84-20 ordering the general municipal election to be held in the City of Beaumont, Texas on the 7th day of April, 1984 ; and, WHEREAS, because the election will be held in conjunction with the election for the South Park Independent School District it is necessary to change certain polling places so that voters will be able to vote at one location in both the city election and the South Park Independent School District election; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT : Section 1 . That Ordinance 84-20 of the City of Beaumont be and the same is hereby amended to move the polling place for Precinct 21 from Pietzsch Elementary School to Tyrrell Park Elementary School; Precinct 26 from Amelia Elementary School to the Oaks Education Center; Precinct 88 from Guess Elementary School to Pine Burr Baptist Church; and Precinct 89 from Austin Junior High to French Elementary . Section 2. That all sections of Ordinance 84-20 which are not in conflict with the provisions of this ordinance are hereby adopted and incorporated herein by reference. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 2 - 5. March 9, 1984 Council Letter 372 Honorable Mayor and Members of City Council Subject: Amending Weed and Litter Ordinances A new weed ordinance has been drafted to clarify the maintenance responsibility of the private citizen and City regarding defined areas abutting private pro- perty. Under the current ordinance, the citizen is responsible for maintaining all property abutting his or her lot from the middle of the street to the mid- dle of the alley. Section 13-50b specifies six exceptions to this current de- finition. These include: 1. Ditches exceeding a depth of four feet. 2. Rights-of-way which governmental entities other than the City have a contractual obligation to maintain. 3. Major arterial streets as determined by the City Manager or his designee. 4. Unpaved dedicated street rights-of-way. 5. Street medians. 6. Property owned in fee by the City. Also included in the new draft are the fine consequences if convicted of vio- lation under this ordinance. The prior ordinance did not mention fines. These consequences are found in Section 13-50c and d as follows: c. If it be shown that a person, firm, or corporation has violated this section, the defendant, upon con- viction, shall be punished by a fine of not less than $50, nor more than $200. d. Upon a second conviction for a violation of this section, the defendant shall be punished by a fine of not less than $100, nor more than $200. Authority for enforcement of this ordinance has been changed from the En- vironmental Control Officer to the Director of Health. The cost assessed to a property owner in cases which the City has to have cut specifies an amount which "shall not be less than $65". Council Letter 372 March 9, 1984 Page 2 During the process of drafting this ordinance, the Health Department and the City Attorney's office reviewed related City codes. That review resulted in the determination that many of the provisions in the trash code were du- plicated in the Litter Ordinance. Because of this duplication, repeal of the Code concerning trash (Article V) is proposed. Also, the minimum fine of the Litter Ordinance has been increased to $50 from $15, while the maximum fine may not exceed $200. Essentially, the problem of litter and trash, synonymous terms, will be addressed under the Litter Ordinance, where heretofore, there was some con- fusion as to which ordinance was applicable, depending on the quantity of loose trash. It is recommended that this ordinance be adopted. t,2 ►&Q , Karl Nollenberger City Manager o. S ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT ADOPTING A NEW ARTICLE IV REGARDING THE GROWTH OF WEEDS; REPEALING ARTICLE V CONCERNING TRASH CONTROL; AMENDING THE LITTER CONTROL REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Chapter 13, of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to adopt a new Article IV to read as follows: ARTICLE IV Section 13-50. Permitting Growth of Weeds on Lots or Premises. a) It shall be unlawful and constitute an offense and creation and maintenance of a public nuisance for any person, firm, or corporation who shall own or occupy any lot or premises to suffer or permit weeds , grass or uncultivated plants other than trees to grow upon such lot or premises within one hundred ( 100) feet of the property line of developed property to a greater height than twelve ( 12) inches on an average. b) It shall be unlawful and constitute an offense and creation and maintenance of a public nuisance for any person, firm or corporation who shall own or occupy any lot or premises to suffer or permit weeds , grass or uncultivated plants other than trees to grow to a greater height than twelve ( 12) inches on that portion of rights-of-way which abut such lot or premises between the center line of such rights-of-way and the ro ert line of such P P Y lot or premises. Except, however, rights-of-way meeting any of the following definitions shall not be the responsibility of the abutting owner or occupants: 1) Ditches exceeding a depth of four ( 4 ) feet or having a slope of less than 1 : 1 .5 as determined by the City Manager or his designee. 2 ) Rights-of-way which governmental entities other than the city have a contractual obligation to maintain. 3 ) Major arterial streets as determined by the City Manager or his designee. 4 ) Unpaved dedicated street rights-of-way. 5 ) Street medians. 6) Property owned in fee by the city. C) If it be shown that a person, firm, or corporation has violated this section, the defendant, upon conviction, shall be punished by a fine of not less than fifty dollars ( $50) nor more than two hundred dollars ( $200) . d) Upon a second conviction for a violation of this section, the defendant shall be punished by a fine of not less than one hundred dollars ( $100) nor more than two hundred dollars ( $200) . e) In addition to the fines and penalties provided for in this section, if a person, firm, or corporation owning any lot or premises in violation of this section fails or refuses, after notice, to cut such weeds, grass or uncultivated plants, the Director of Health may cause such weeds , grass or uncultivated plants to be cut in accordance with Section 13-53 of this article. - 2 - f) In any prosecution charging a violation of this section, proof that the person whose name is listed on the tax rolls of the city as being the owner of the lot or premises found to be in violation shall constitute in evidence a prima facie presumption that such person is the owner of such lot or premises; provided, however, that such presumption may be rebutted by the person charged with violating this section with evidence to the contrary; and provided further that the presumption established herein shall have the evidentiary consequences enumerated in Chapter 2 of the Texas Penal Code. Section 13-51. The Director of Health shall enforce the terms and conditions of this article. Section 13-52. Notice to Remove. It shall be the duty of the enforcement officer to notify the owner and/or agent of any premises within the city not dedicated to an agricultural use, and which is in violation of Section 13-50 to remove such weeds within ten ( 10) days. This notice shall be in writing and may be served on the owner or agent by handing it to him in person, by certified mail, addressed to such owner or agent at his post office address as shown on the tax roll of the city or by publication as many as two ( 2) times within ten ( 10) consecutive days. Section 13-53. Right of the City to Cut weeds ; Assessment of Costs. Should the owner of any lot or premises upon which weeds , grass or uncultivated plants have been permitted to grow in - 3 - violation of this article fail or refuse to cut or remove such weeds, grass or uncultivated plants within ten ( 10) days after notice, as provided in Section 13-52, the enforcement officer is hereby authorized to cause such weeds, grass or uncultivated plants to be cut and removed at the expense of the city, on the account of said owner, and to assess the expense thereof on the real estate or lot upon which such expense is incurred. The expense assessed hereunder shall not be less than sixty-five dollars ( $65) . The Health Authority is hereby authorized to affix his signature to the statement of the expenses incurred by the city in the cutting and removal of the weeds , grass or uncultivated plants cut under this section and to file said statement of expenses as a lien against the premises which are in violation of this article at the county clerk' s office of this county. This statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done. The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditure so made, in accordance with provisions of Article 4436 , Vernon' s Annotated Civil Statutes, which lien shall be second only to tax liens and liens for street improvements, and such amount shall bear ten ( 10) percent interest from the date the statement was filed, for any such expenditure and interest as aforesaid. Suit may be instituted and recovery by foreclosure of such lien may be had in the name of the city, and statement of expenses so made as aforesaid, or a - 4 - certified copy thereof, shall be prima facie evidence of the amount expended for such work or improvements. Section 2. That Article V of Chapter 13 of the Code of Ordinances of the City of Beaumont, the same being Sections 13-56 through 13-60, inclusive, be, and the same are hereby , repealed. Section 3. That Chapter 13, Section 13-69 is hereby amended to change the definition of litter to read as follows: Section 13-69 Litter means any man-made or man-used object, organic or inorganic material, or solid waste, and specifically including trash, which is not placed in: a) a "container" as defined herein; or b) an authorized sanitary waste disposal site ; or c) another approved area, depository, or vehicle designated for transport or disposal of litter, trash, garbage, or waste. Section 4 . That Chapter 13, Section 13-72 ( a) and (b) be, and the same is hereby amended to read as follows: Section 13-72 ( a) and (b) a) Except as otherwise provided by this section, if it be shown that a person has violated this article, upon conviction the defendant shall be punished by a fine of not less than Fifty Dollars ( $50) nor more than Two Hundred Dollars ( $200) . 5 - b) Upon a second conviction for a violation of this article, the defendant shall be punished by a fine of not less than One Hundred Dollars ( $100) nor more than Two Hundred Dollars ( $200) . Section 5. That Chapter 13, Section 13-73 is hereby amended to read as follows: Section 13-73 The mayor or health officer is hereby authorized to affix his signature to the statement of the expenses incurred by the city in the cleaning and removal of any litter, trash, garbage, or waste under this article and to file said statement of expenses as a lien against the premises which are in violation of this article at the county clerk ' s office of Jefferson County. An administraative fee shall be added to the statement of expenses to cover all administrative costs. The amount of such fee shall be determined from time to time by the city manager or his designee based upon a study. The statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done, and a description of the lot or premises upon which such work was done. The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditures so made, in accordance with the provisions of Article 4436 of the Revised Civil Statutes of Texas, which lien shall be second only to tax liens and liens for street improvements, and such amount shall bear ten percent ( 100) interest from the date the statement was filed, for such expenditure and interest as aforesaid. Suit may be instituted and recovery by foreclosure of such lien may be had in the name of the city, and a statement of expenses so made as aforesaid, or a certified copy thereof , shall be prima facie evidence of the amount expended for such work or improvements. - 6 - Section 6 . 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 7 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8 . 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 1984. - Mayor - 7 - f � 6. March 9, 1984 Council Letter 367 Honorable Mayor and Members of City Council Subject: Amendment to Commercial Container Collection Franchises On February 28th, Council had a first reading on amendments to our existing Franchise Agreements with three different companies. In order to implement these changes, three separate readings are required, of which this is the second. It is recommended that the amendments be adopted. N Karl Nollenberger City Manager yr NO 4 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FRANCHISE HERETOFORE GRANTED TO REM WASTE CONTROL, INC. ; BROWNING FERRIS INDUSTRIES, INC. ; AND WASTE EXPRESS, INC. , THE SAME BEING ORDINANCES 83-155, 83-156 , and 83-157 WHICH GRANTED THE RIGHT TO OPERATE COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; TO AMEND THE BOND REQUIREMENT IN THE INDEMNITY AGREEMENT AND PROVIDING FOR SEVERABILITY. WHEREAS, by Ordinances 83-155 , 83-156 , and 83-157 the City of Beaumont granted franchises to operate commercial closed container garbage collection service in the City of Beaumont to REM Waste Control, Inc. , Browning Ferris Industries, Inc. , and Waste Express , Inc. ; and, WHEREAS , the City desires to amend such franchises; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Section 5 as the same appears in Ordinances 83-155, 83-156 and 83-157 heretofore passed by the City of Beaumont be , and the same is hereby amended to read as follows: 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 at the City landfill under this franchise, whether or not such loss was caused by the negligence of the City , its agents, servants or employees. Upon notice given Company by City , Company must defend, at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company , its agents, servants or employees, and Company will pay all damages occurring to any person or property , public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1 ) Workers Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers compensation coverage as required by the State of Texas. 2 ) Automobile Liability Insurance The Company shall carry in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than $ 1 ,000 ,000 per occurrence for bodily injury and, in addition, 2 - 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 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. 3 - i 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 $250 ,000 . 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 inaemnity the City against any loss resulting from any failure of performance by the Company under this franchise. Said bond shall be approved by the City Attorney and filed with the City Clerk before the etfective date of this franchise. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont on f irst reading this the _ day of 1984. - 4 - i . PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 1934 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 5 - 7. March 9, 1984 Council Letter 357 Honorable Mayor and Members of City Council Subject: Annual Contract for Liquid Chlorine Bids were received February 27, 1984, for an annual contract consisting of approximately 200 tons of liquid chlorine. This chemical is used at the Water Production and Water Reclamation Plants in the treatment of water. The bid requested a price per ton quote from suppliers. The quotes are as follows : Jones Chemicals, Inc. , Houston $243.60/ton McKesson Chemical Co. , Beaumont 252.70/ton Thompson Hayward Chemical Co. , Beaumont 300.00/ton Dixie Chemical Co. , Houston 320.00/ton It is recommended that the bid of Jones Chemicals, Inc. in the amount of $243.60 per ton be accepted. Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, bids were received for an annual contract for liquid chlorine; and, WHEREAS, Jones Chemicals , Inc. of Houston, Texas submitted a bid in the amount of $243.60 per ton; and, WHEREAS, the City Council is of the opinion that the bid submitted by Jones Chemicals , Inc. 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 Jones Chemicals , Inc. be accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to enter into an annual contract with Jones Chemicals , Inc. in the amount of $243.60 per ton for liquid chlorine. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 8. March 9, 1984 Council Letter 362 Honorable Mayor and Members of City Council Subject: Crockett Connector Condemnation On July 12, 1983, City Council authorized the Urban Transportation Department to contract for appraisal services for the Crockett Connector Project. The project provides for improvement of Crockett/Liberty/Laurel between Main and Forrest Streets. This includes two-way traffic on the Crockett Street por- tion, which transitions into the Liberty/Laurel one-way pair. The flow of traffic will reverse on the one-way pair, with Liberty being westbound and Laurel being eastbound. 'There are eleven parcels in this project. Parcel 4, illustrated by the at- tached exhibit, is located on the northeast corner of Laurel and James :Street. It is a 3,055.20 square-foot tract of land out of Lots 7, 8, and 9 of Block 20 of the Calder Addition. Negotiations on the parcel have reached ,a point where further negotiations are not practical since the owner ac- quired the property through a sheriff's sale and since certain legal re- quirements were not satisfied, the sale may be invalid. There does not ap- pear to be a clear title to this property. In order to secure a marketable and clear title to the property, it is necessary to clear the title by means of condemnation. It is recommended a resolution be adopted authorizing the Legal Department -to begin eminent domain proceedings to acquire this property. Karl Nollenberger City Manager � � j � MUtKERRY I iy 7z R '� LI�fRr JAW ' CROCKETT CONNECTOR PARCEL 4 g LOTS 79 8 819 . R BLOCK 20 CALDER ADDITION N TER O R E S O L U T I O N WHEREAS, the City Council of the City of Beaumont deems it necessary that Crockett, Liberty, and Laurel Streets in the City of Beaumont, Jefferson County, Texas be located, constructed, widened, extended and maintained; and, WHEREAS, said City Council has found that a public necessity exists requiring the location, construction, widening, extension and maintenance of said street on the hereinafter described property; and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the hereinafter described property for said location, construction, widening, extension and maintenance of said street, and has found and determined that said interests in and to the hereinafter described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter described land and has been unable to agree with such owners of such property as to the fair market value thereof and damages, if any , NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BEAUMONT : THAT Lane Nichols , City Attorney , be and he is hereby authorized and directed to file or cause to be filed against all owners of the following parcel of land, and all claimants of any interest i therein, proceedings in eminent domain to acquire fee title for said purposes, in and to the said parcel of land described in :Exhibit "A" attached hereto and made a part hereof, the parcel of land being situated in Beaumont, Jefferson County, Texas: PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 2 - March 9, 1984 9. Council Letter 374 Honorable Mayor and Members of City Council Subject: Agreement for Engineering Services The City is beginning the construction stage of the remaining sanitary sewage projects approved by the Environmental Protection Agency and the Texas Depart- ment of Water Resources. Funding of 75 percent of cost has been offered by -the Environmental Protection Agency and accepted by the City. The City has also received authorization from the Texas Department of Water Resources to advertise for bids. These projects will complete all the improvements authori- zed under the 201 Facilities Plan which was done in the late '70s and included improvements to the Waste Water Treatment Plant, various sewage lift stations, additional interceptors and separation of the storm and sanitary sewers in a large area of the older part of the City. There are still improvements to be made to the system which are not eligible for Environmental Protection Agency funding. It is felt that it is now ap- propriate that the services of a consulting engineering firm be engaged to make a survey and an analysis of existing sewers installed prior to 1973 and develop a Master Plan for the system to be used as a guide in determining size and location of future improvements. In addition, we have determined that several principal interceptors are in critical condition and extensive replacement of large portions of the lines are necessary very soon. A description of the two efforts includes the following: 1. A Master Plan for Waste Water Collection and Treatment Facilities is to be developed. Major considerations in the plan will be design flow rates, growth area analysis, growth area major facility needs, flow analysis of existing interceptors, inventory and con- dition survey of existing interceptors, analysis of sewage treatment facility needs, and the development of a formula for City participation in oversized sewers. 2. Relocation/construction of a new 36" interceptor to replace the existing 36" interceptor located under I-10 from north of the I-10 Highway 69 intersection to the 23rd Street Lift Station, an approximate length of 12,000 feet. The existing line was in- stalled in the early '50s, and within a few years, Council Letter 374 March 9, 1984 Page 2 I-10 was constructed over and along the same right-of-way, with the sewer becoming inaccessible and manholes covered. The sewer had deteriorated badly and is now collapsing in places. If it should fail under I-10 before a replace- ment is located, we would be faced with possible damage to the roadway, as well as a major interruption in sewer service to the northeast section of the City. 3. Reconstruct/rehabilitate the existing 60" interceptor which extends from Cardinal Drive north to the inter- section of 11th Street and Washington Boulevard. This sewer has been in service since 1955 and is also badly deteriorated. It serves the central area of the City and downtown, receiving the sewage flow from three major lift stations and the Port of Beaumont. An agreement for engineering services has been prepared by Schaumburg and Polk, Inc. , which has been reviewed by the Legal Department, that adequately protects the City and the firm. As had been discussed in the Work Session, it will be necessary for the City to sell bonds to accomplish the repair work, which we estimate to cost between $3 to $3.5 million. The fee schedule for construction engineering on the pro- ject will be calculated at 6.82 percent of cost and the fee for project in- spection will be based on actual inspection hours times a multiplier factor of 2.48. This overhead charge is reasonable, based on past project history with- in the City. Our records indicate that total engineering costs for a project of this scope will be approximately 10 percent of construction cost. The eight tasks associated with the Master Plan will be done for a not-to-exceed fee of $49,340, which staff feels is a reasonable charge for the work to be done. It is recommended that authorization for execution of the agreement be given and that the City move forward with the projects as rapidly as possible. A further report on bond requirements will be made shortly. ? � � 10 _�� Karl Nollenberger City Manager 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 enter into an agreement with Schaumburg and Polk , substantially in the form attached hereto as Exhibit "A" , to make a survey and an analysis of existing sewers installed prior to 1973 and develop a master plan for the system to be used as a guide in determining the size and location of future improvements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 1984. Mayor - 10. March 9, 1984 Council Letter 360 Honorable Mayor and Members of City Council Subject: Participation with National Institute of Municipal Law Officers One of the provisions of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) requires that all municipal bonds, in order to qualify for the interest exemption from federal income taxes, be issued in registered form. Municipal bonds have historically been issued in "bearer" form and have been freely negotiable at no expense to the issuer. Registered bonds, on the other hand, require registration of the owner on the books of the registrar and the issuance of a new certificate each time a bond is ne- gotiated. The cost of such transfer is, of course, paid by the issuer. In addition, the cost of paying interest on the bonds is increased because the registrar and paying agent must be assured that interest is being paid to 'the true owners. Further, the bonds are less attractive to investors be- cause they are no longer as freely negotiable. The cost to the City of Beaumont of issuing registered rather than bearer bonds cannot be precisely determined. It is, however, believed by all parties that the cost will be significant. The State of South Carolina has filed an action invoking the original Jurisdiction of the United States Supreme Court challenging the constitu- tionality of the bond registration requirement of TEFRA. On February 22nd, the Court agreed to hear that case. At least 23 State Attorneys General -intervened in the action, and a large number of cities, represented by the National Institute of Municipal Law Officers , have also intervened. The resolution for Council consideration proposes that the City of Beaumont contribute $500 to the NIMLO effort. It is recommended that this resolution be adopted. Karl Nollenberger City Manager IN O 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 contribute the sum of $500 to a trust fund established by the National Institute of Municipal Law Officers to pay expenses, legal fees, expert witness fees, etc. associated with participation by NIMLO in the case of South Carolina v. Regan, presently pending in the Supreme Court of the United States. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 1984. - Mayor - 11. March 9, 1984 Council Letter 366 Honorable Mayor and Members of City Council Subject: Accepting Bid for File-Management System In 1983, the City of Beaumont Police Department secured a Criminal Justice Counsel Grant (CJC) for $14,351 to be used for the purchase of microfilm equipment. As is typical of most large departments, one of the principal problems associated with the internal operations in the Police Department -is the management and storage of records necessary to police operations. It was determined in 1983 that it was necessary for the department to begin seriously evaluating its on-going needs. Accordingly, a three-phased process was instituted: 1. A survey of departmental needs 2. Selection of the proper microform (different forms of microfilm output) for the application identified 3. Specification of the particular type of equipment needed for the system. In the survey of departmental needs was a consensus from the various users in these various and different divisions that records should be kept in a file for one year and then converted to microfilms. This process of con- version should occur after one year and the procedure should be an in-house operation. The second phase of this extensive analysis of departmental needs analyzed the type of microfilm that should be used for this parti- cular operation. In this analysis, there were several factors that were considered paramount in the evaluation. All departmental users felt the need to maintain integral files for ease of access, as well as for ease of updating. These particular needs ruled out the roll film storage of micro- film records, as well as the computer-assisted retrieval method. Both of these approaches makes the retrieval of selected information required by a court order very difficult to secure after a period of time. Two other methods exist on the market: the up-datable microfiche process, and the standard microfiche process currently in use in other applications within the department. It was concluded that the departmental needs would best be met either by microfilm jackets or up-datable microfiche. The departmental analysis then moved to the third and final step: the proper type of equipment necessary for microfilming application suitable for either microfilm jackets or up-datable microfiche. It should be noted that competition in this microfilm market is particularly intense. The three principal vendors in this market are Kodak, Bell and Howell and 314. The marketing strategies of these three companies are such that each Council Letter 366 March 9, 1984 Page 2 has concentrated efforts in particular lines of equipment and the result is that the selection of a specific system for microfilming by the user re- sults in the exclusion of some or all vendors from the bidding process. In order to determine the suitability of the up-datable microfiche system, the Bell and Howell Company was contacted and an extensive demonstration of their microx system was arranged. The system was set up in our Central Records Section and an extensive analysis of the suitability of this parti- cular piece of equipment for our needs was instituted. Subsequent to the test, departmental staff expressed reservations with the size of the equip- ment, quality of the image and frequent adjustments and maintenance required for the equipment itself. In addition, departmental analysis indicated that the materials necessary for this application would be far more expensive than the standard microfiche approach. In the analysis of the second approach, the standard microfiche or jacketed format methodology, there are two types of cameras that are available, the planetary and the rotary. The rotary camera is rapid, more expensive and requires more extensive document preparation than the planetary camera. After consideration, the department determined that the planetary camera would best suit their particular needs. In the analysis of equipment avail- able on the market in this particular area, it was determined that the portable camera processor using standard 16mm film, operated much like an office copier, was the superior approach to use in the jacketed or standard microfiche format. Visits were made to microfilming operations in the area and discussions were held with various users of the equipment. To further resolve any doubts about the machine, an arrangement was secured with the vendor, 3M, and a camera processor was placed in our Central Records Sec- tion for a month-long test. The employees found the system easy to use and through-put time from document to finished jacket was considerably faster than other systems tested. It was further determined that use of this particular system would allow the purchase of two camera processors which would allow greater flexibility in the use of the equipment in dif- ferent locations within the Police Department. As a result of this extensive analysis and careful evaluation of all equip- ment available, the Department, in effect, developed the specifications around a camera processor similar to the one tested and proved in actual use within the department. There is apparently no other vendor currently marketing equipment of the same capabilities of this equipment and thus no other bids were received. Council Letter 366 March 9, 1984 Page 3 'The contents of the file-management system is as follows:. 2 - 16mm processor camaeras 1 - work station 1 - densitometer 1 - duplifiche printer developer 1 - microfiche reader printer 1 - microfiche reader The cost for this system is $23,947.49. Some 60 percent of this expense is funded by the CJC grant with a City expense of $9,600. This money is bud- geted and is contained within the 1984 budget. :[t is recommended that Council award the bid to the 3M Company of Houston, Texas. Karl Nollenberger City Manager 1P R E S O L U T I O N WHEREAS, bids were received for the purchase of the following microfilm equipment: Two 16mm Processor Cameras One Workstation One Dens i tome ter One Duplifiche Printer Developer One Microfiche Reader Printer One Microfiche Reader and, WHEREAS, File Management Systems/3M of Houston, Texas submitted a bid in the amount of $23,947. 49; and, WHEREAS, the City Council is of the opinion that the bid submitted by File Management Systems/3M 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 submitted by File Management Systems/3M in the amount of $23,947. 49 for the purchase of the microfilm equipment listed above is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 12. March 9, 1984 Council Letter 365 Honorable Mayor and Members of City Council Subject: Annual Contract for Petroleum Products 'The City of Beaumont has, for several years, utilized the annual contract method in the purchase of all petroleum products used for City operations. Up until a few years ago, the City was able to get a firm price bid from vendors for this one-year period. However, during these last few years, due to the wide fluctuations in petroleum-based prices, no vendor is wil- ding to bid a price that will remain firm for a year. In taking bids for approximately $1 million worth of fuels and lubricants on January 30th, -the same situation with respect to the unwillingness of vendors to commit -to a firm one-year price occurred. In our analysis of the situation, it became apparent that the best course of action for the City would be to award an estimated annual quantity of fuels and lubricants to six local suppliers. Our Purchasing Division will , whenever orders for fuels or 'lubricants are placed, contact each of these six vendors and place that particular order, depending on price and availability of the product. Our analysis indicates that such an approach will enable us to maximize savings that may occur from time to time in the market and will also in- sure that the lowest and best price will be secured every time signifi- cant purchases of fuel are made. The quantities involved are as follows: 450,000 gallons of unleaded gasoline; 500,000 gallons of regular gasoline; 100,000 gallons of diesel fuel ; 5,000 gallons of kerosene; 10,500 gallons of motor oil;; 4,000 gal- lons of automatic transmission fluid; 3,000 gallons of hydraulic lift oil ; 3,000 gallons of torque fluid; 25,000 pounds of gear lubricant; and e.0,000 pounds of moly grease. The vendors that will be contacted for purchase are: Martin-Matthews, Beaumont Darby Oil , Port Arthur Sitton Oil , Beaumont Tri Con, Beaumont Derrick Oil Company, Port Arthur Mobil Oil , Beaumont It is recommended that Council award the authority to purchase from time-to- time these fuels and lubricants from the above-named vendors. t2l(� Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, bids were received for an annual contract for petroleum products; and, WHEREAS, Sitton Oil & Marine Co. , Inc. , Derrick Oil Company, Martin Matthews, Darby Oil Company, Tricon, Inc. , and Mobil Oil submitted bids for various petroleum products as shown on the bid tabulation which is attached hereto and made a part hereof for all purposes; and, WHEREAS, the City desires to award bids for an annual contract for petroleum products to all vendors based on price and availability at the time the petroleum product is needed by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT : THAT the bid submitted by Sitton Oil & Marine Co. , Inc. , Derrick Oil Company , Martin Matthews, Darby Oil Company , Tricon, Inc. , and Mobil Oil be and the same are hereby accepted by the City of Beaumont, and annual contracts for petroleum products are hereby awarded to such companies and orders for petroleum products will be placed based on availability and price at the time such products are needed by the C:i ty.. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 13. March 9, 1984 Council Letter 370 Honorable Mayor and Members of City Council Subject: Dilapidated Structures The following structures have been inspected by the Environmental Control Division and are considered to be in violation of the City of Beaumont's Code of Ordinances, Article III , Section 14-50. The structures are as follows: 2445 Hegele (Rear) 1360 Louisiana 1325 Neches 4420 and 4430 Pershing 3115 Port Arthur Road 2030 Potts 3760 Usan As per our normal procedure, each structure will be discussed during the public hearing preceding the consideration of the ordinance. It is recommended that the proposed actions be approved. Karl Nollenberger City Manager i CONDEMNATION PROGRAM 2445 Hegele (Rear) 1360 Louisiana 1325 Neches 4420 and 4430 Pershing 3115 Port Arthur Rd. 2030 Potts 3760 Usan St. March 13, 1984 CONDEMNATION PROGRAM Location Owner Recommendation 1. 2445 Hegele (Rear) Sherley Morris Raze within 30 days Virline Coleman 2. 1360 Louisiana Peter Byrd Raze or repair within 30 days 3. 1325 Neches Mollie Bean Raze within 30 days 4. 4420 and 4430 Floyd J. Guillory Raze or repair within 30 days Pershing S. 311.5 Port Arthur Rd. Blondell Drake Raze within 30 days Ruth Fincher 6. 2020 Potts Paul Rossette Raze or repair within 30 days 7. 3760 Usan Elton Curtis Payne Raze or repair within 30 days 1. DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 2445 Hegele (Rear) PROPERTY OWNER: Sherley Morris Virline Coleman 2445 Hegele 2445 Hegele Beaumont, Texas 77705 Beaumont, Texas 77705 LEGAL DESCRIPTION OF PROPERTY: Plat B-10 Tract 12 J.W. Bullock OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 21 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash xterior openings. Correct roof sag. Reroo buil in . Replace rotten roof sheathing. TMing Wilding to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required,,- openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling foists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash & debris from building. Remove trash, weeds $ debris from yard. Replace damaged doors. Provide scuttle dole. Provide 18" 72411 crawl-hole to un er floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: December 13, 1983 and February 14, 1984 ABATEMENT DATE: January 17, 1984 PUBLIC HEARING NOTIFICATION: February 14, 1984 and Legal Notice Published OWNERSHIP VERIFICATION: February 14, 1984 RECO144ENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 2. DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1360 Louisiana PROPERTY OWNER: Peter Byrd 5880 Tangledahl Beaumont, Texas 77703 LEGAL DESCRIPTION OF PROPERTY: Lot 9 Block 5 Chaison Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 16 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor foists. Level--floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. Reroof building. Replace rotten roof sheathing. Bring building to plumb. Replace front - rear porches. Replace� front - rear steps. Replace rotten interior walls. Bring ceiling to required,_ eh fights. Header requi openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joints. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing.. Furnish required wiring. Remove trash $ debris from 77l 1ng. move trash, weeds 4 debris from yard. Replace damaged doors. Provide scuttle No—le. Provide 1811 x 2411 craw - o e to under floor. Removelre damage. Replace - Repa.ir damaged windows. NOTIFICATIONS: November 16, 1983 and February 14, 1984 ABATaIENT DATE: December 19, 1983 PUBLIC HEARING NOTIFICATION: February 14, 1984 OWNERSHIP VERIFICATION: February 14, 1984 RECOIMENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days 3. DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1325 Neches PROPERTY OWNER: Mollie Bean 1690 Gill Beaumont, Texas 77703 LEGAL DESCRIPTION OF PROPERTY: Lot 6 Block 2 Simpson Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 5 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. Reroof building. Replace rotten roof sheathing. Bring building to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash & debris from building. Remove trash, weeds $ debris from yard. Replace damaRe d doors. Provide scuttle hole. Provide 18" x 24" crawl-hole to under floor. Remove fire damage. Replace - Repair damaged windows. —'- NOTIFICATIONS: December 19, 1983 and February 14, 1984 ABATEMENT DATE: January 23, 1984 PUBLIC HEARING NOTIFICATION: February 14, 1984 OWNERSHIP VERIFICATION: February 14, 1984 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 4. DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 4420 and 4430 Pershing PROPERTY OWNER: Floyd J. Guillory 3070 Cartwright Beaumont, Texas 77701 - LEGAL DESCRIPTION OF PROPERTY: S 50' L1, S 50' of E i L2 Block 3 Park Place Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont 21 VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor foists. Replace spliced floor joists. Correct overspanned t1oor foists. eve oors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. Reroof building. Replace rotten roof sheathing. Bring building to plumb. Rep ront - rear porches. Replace ront - rear s�te sue. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced cei ing foists. eplace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters.— Furnish required lumbin . Furnish required wiring Remove trash rde r�i is from buildin . Remove trash, weeds $ debris from yard. Re lace ama ed doors. Provide scuttle EM e. Provide 1811 x 241, craw - o e to under floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: December 15, 1983 and February 14, 1984 ABATEMENT DATE: January 19, 1984 PUBLIC HEARING NOTIFICATION: February 14, 1984 OWNERSHIP VERIFICATION: February 14, 1984 RECO144ENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days S. DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 3115 Port Arthur Rd. PROPERTY OWNER: Blondell Drake Ruth Fincher 1195 Washington 5350 Mansfield Beaumont, Texas 77705 Shreveport, LA 71108 LEGAL DESCRIPTION OF PROPERTY: Plat C-5 Tract 27 .579 AC D.Brown Survey OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont 18 VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspannedeloor joists. Level loors. Replace rotten flooring. Repair holes in floor. - Replace rotten material in exterior wall . Flas exterior openings. Correct roof sag. eroo ui ing, Replace rotten roof sheathing. Bring building to plum eplace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiiing joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Rep lace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Remove trash, weeds & debris from yard. Replace damaged dooFs. Provide scuttle hole. Provide 18" T24" crawl-hole to under floor. Remove fire damage. Replace - Repair damaged windows. NOTI',FICATIONS: December 13, 1983 and February 14, 1984 ABATEMENT DATE: January 17, 1984 PUBLIC HEARING NOTIFICATION: February 14, 1984 OWNERSHIP VERIFICATION: February 14, 1984 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 6. DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 2030 Potts PROPERTY OWNER: Paul Rossette 912 Millard Welsh, LA 70511 LEGAL DESCRIPTION OF PROPERTY: Lot 8 Block F Pennock Potts (OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III; Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 10 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag, Reroof building. Replace rotten roof sheathing. Bring building to plumb. Replace tro t - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceilin . Correct ceiling sag. Correct overspanned ceiling joists. Replace splice ceiling foists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Re-place rotten ratters.- Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. 7emove trash, weeds $ debris from yard. Replace damaged doors. Provide scuttle Foe. Provide x crawl-hole to under floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: December 19, 1983 and February 14, 1984 ABATEMENT DATE: January 23, 1984 PUBLIC HEARING NOTIFICATION: February 14, 1984 OWNERSHIP VERIFICATION: February 14, 1984 RECO14MENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days 7. DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 3760 Usan PROPERTY OWNER: Elton Curtis Payne 1475 Auburn Beaumont, Texas 77705 LEGAL DESCRIPTION OF PROPERTY: Plat B-10 Tract 66 J.W. Bullock OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances fox the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 10 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. eroo building. Replace rotten roof sheathing. Bring uil ing to p i Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash & debris from building. Remove trash, weeds $ debris from yard. Replace damaged doors. Provide scuttle hole:. Provide 18" x 2411 crawl- ole to under floor. Remove fire damage. Replace - Repa.ir damaged windows. NOTIFICATIONS: October 7, 1983 and February 14, 1984 ABATEMENT DATE: November 10, 1983 PUBLIC HEARING NOTIFICATION: February 14, 1984 OWNERSHIP VERIFICATION: February 14, 1984 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days NO ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 2445 Hegele ( Rear) 1360 Louisiana 1325 Neches 4420 and 4430 Pershing 3115 Pt. Arthur Road 2030 Potts 3760 Usan each to be a public nuisance in that said buildings violate Chapter 14 , Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2 . In accordance with Article XVII, Section 2 of the Charter of the City of Beaumont, Sections 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas, and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following buildings either repair or demolish and remove said structures within thirty ( 30) days of the date of the passage of this ordinance: 1360 Louisiana 4420 and 4430 Pershing 2030 Potts 3760 Usan If such action is not taken, request shall be made that the City Council authorize appropriate City officials to demolish and remove said structures at the expense of the City of Beaumont on account of the owner thereof and such expense shall be assessed as a special tax against the property upon which the buildings are situated. Section 3 . In accordance with Article XVII, Section 2 , of the Charter of the City of Beaumont, Sections 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103. 4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within thirty ( 30) days of the date of the passage of this ordinance: 2445 Hegele (Rear) 1325 Neches 3115 Pt. Arthur Road If such action is not taken, the owners of said buildings shall be deemed guilty of a misdemeanor and said buildings shall be demolished and removed at the expense of the City of Beaumont on the account of the owner thereof and such expense shall be assessed as a special tax against the property upon which said buildings are situated and a lien shall exist for such special tax, which lien shall be foreclosed and said expense be recovered by the City of Beaumont as in the case of any other debt and lien in favor of the City of Beaumont. 2 - Section 4 . 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 5 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 3 - 1 CONSENT AGENDA MARCH 13, 1984 * Approval of Minutes. a. A resolution authorizing purchase of a satellite receiver system for the Fire Department. b. A resolution authorizing purchase of a concert grand piano for the Julie Rogers Theatre. c. A resolution making a committee appointment. d. A resolution authorizing purchase of lawnmowers for the Parks and Recreation Department. e. A resolution authorizing the employment of Peat, Marwick, Mitchell and Company to perform consulting services in con- nection with the pilot health insurance program for re- tirees. f. A resolution authorizing purchase of fire hose. a. March 9, 1984 Council Letter 355 Honorable Mayor and Members of City Council Subject: Purchase of Satellite Receiver System The Federal Emergency Management Agency and National Fire Protection Agency are two of the agencies in the United States which transmit via satellite training sessions and educational programming that are pertinent to the fire service. Among these programs are the technical aspects of firefighting, management aids and programs designed for teaching fire safety to children. The fol- lowing are a few examples of programs available via satellite receiver sta- tions: 1. "Fire News" 2. "Successful Fire Service Leadership" 3. "Arson Prevention and Control " 4. "Human Factors in Fire Survival" 5. "Professional Development" 6. "Fire Ground Management" Purchase of a satellite receiver will allow the Department to pick up these and other similar programs and record them on existing recording equipment. By recording these broadcasts, the Fire Department can increase the amount of material available for training personnel . It can also be used in Fire Safety Presentations. Bids were received as follows: Video Mart $1,668.00 Satalite Electronics 1,799.00 Electrotex 1,994.85 This satellite receiver system would be purchased with funds from the Fire Training Grounds Account. It is recommended that the bid of Video Mart in the amount of $1,668 be accepted. Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, the City received informal bids for the purchase of a satellite receiver system for the fire department; and, WHEREAS, Video Mart of Beaumont, Texas submitted a bid in the amount of $1 ,668; and, WHEREAS, the City Council is of the opinion that the bid submitted by Video Mart 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 submitted by Video Mart in the amount of $1 ,668 for the purchase of a satellite receiver system is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - b. March 9, 1984 Council Letter 373 Honorable Mayor and Members of City Council Subject: Purchase of Concert Grand Piano for Julie Rogers Theatre In mid-December, the Beaumont Symphony Society offered to donate a concert grand piano to the City for use in the Julie Rogers Theatre. At that time, the City agreed to contribute $6,000 towards the purchase price. Bids have been received as follows: Brooks Mays Piano Company $28,750.00 Lyons Music Company 28,497.80 Baldwin Piano and Organ Center 13,599.00 The bid of Baldwin Piano has been evaluated carefully by several qualified in- dividuals and has been found to meet carefully-drawn technical specifications. Purchase of this particular piano is recommended by the Society. The $6,000 necessary for the City contribution will be expensed against monies remaining in the Construction Account for the Julie Rogers Theatre, where a balance of $60,000 remains as a contingency for repairs and equipment. It is recommended that the bid of Baldwin Piano and Organ Center be accepted. Karl Nollenberger City Manager i � . 4 bS't v "i SS DI Y R E S O L U T I O N WHEREAS, bids were received for the purchase of a concert grand piano; and, WHEREAS, Baldwin Piano & Organ Center of Beaumont, Texas submitted a bid in the amount of $ 13 ,599; and, WHEREAS, the City Council is of the opinion that the bid submitted by Baldwin Piano & Organ Center 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 submitted by Baldwin Piano & Organ Center in the amount of $13,599 for the purchase of a concert grand piano is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - c. March 9, 1984 Council Letter 369 Honorable Mayor and Members of City Council Subject: Appointment to the Senior Citizens Advisory Committee An appointment to the Senior Citizens Advisory Committee, in order to fill the unexpired term of Bettye Smith is required. The appointment expires on September 30, 1985. The name of Reverend Amos Landry, Jr. , has been submitted for consideration. It is recommended the appointment be approved. Karl Nollenberger City Manager R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT : THAT Rev. Amos Landry , Jr . be appointed to the Senior Citizens Advisory Committee to fill the unexpired term of Bettye Smith which expires September 30, 1985. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - d. March 9, 1984 Council Letter 356 Honorable Mayor and Members of City Council Subject: Purchase of Lawnmowers On February 27, 1984, the City accepted bids for the purchase of twenty lawnmowers and four self-propelled lawnmowers for the Parks and Recreation Department. These 24 lawnmowers are necessary for the upkeep of City pro- perty and is a yearly budgeted replacement item. The bids are as follows : 20 4 Self-propelled Lawnmowers Lawnmowers Rayon's, Beaumont $3,400.00 $ 700.00 Goldwaithe' s of Texas, Inc. , Houston 4,896.00 1,209.60 Lawn Boy Distributors Southwest, Houston 7,175.20 1,715.84 Howland Lawn & Turf Equip. Co. , Houston 7,469.00 1,889.80 It is recommended that the bid of Rayon, Inc. be accepted for both types of lawnmowers in the amount of $4,100. kLr�19 Karl Nollenberger City Manager +yv R E S O L U T I O N WHEREAS, bids were received for the purchase of twenty ( 20) lawnmowers and four (4 ) self propelled lawnmowers; and, WHEREAS, Rayon' s of Beaumont, Texas submitted a bid in the amount of $4 , 100 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Rayon' s 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 submitted by Rayon' s in the amount of $4 , 100 for the purchase of lawnmowers is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - e. March 9, 1984 Council Letter 361 Honorable Mayor and Members of City Council Subject: Employment of Consulting Firm in Connection with Pilot Health Insurance Program for Retirees Pursuant to the labor agreements for the current year with both the Police and Fire Unions, task forces have been created to review and establish a pilot health insurance program for retired and disabled employees effective April 1, 1984. Because of the complex issues involved and the lack of staff expertise in the area, it is recommended that Peat, Marwick, Mitchell and Company be employed to perform actuarial and consulting services in con- nection with the final program. It is estimated that the cost of such services will be approximately $4,000 . We are, however, requesting Council authority to spend up to $5,500 in the event that unanticipated difficulties arise in the formulation of the plan. The monies will be charged against the Insurance Fund. Attached is a copy of the negagement letter outlining services to be pro- vided by Peat, Marwick, Mitchell and Company. It is recommended that this resolution be approved. �-L 7,1zu.," Karl Nollenberger City Manager PEAT Peat,Marwick,Mitchell & Co. 9MARWICK P Cat Marwick Plaza 303 East Wacker DriNre Chicago,Illinois b0a01 312-938-1000 February 24, 1984 Mr. Kenneth Wall City Attorney P.O. Box 3827 Beaumont, Texas 77704 Dear Mr. Wall: We appreciate the opportunity to have visited with you in regards to the City's insurance program. Based upon our conversation, it is our under- standing that the City wishes assistance in the draft and design of a retiree health insurance program to be implemented in the near future. This letter briefly summarizes our understanding of your objectives. As per our telephone conversation, it is our understanding that the City currently has a self-insured health insurance plan within the Texas Munici- pal League's welfare program. The Police and Fire departments have been covered by this program in the past, but now in addition wish to negotiate for coverage for Police and Fire retirees. Such benefits will be provided to future retirees only, and will be only for employees of the Police and Fire department. The program will cover retirees, whether for normal age retirement, disability, or elective early retirement. It is the intention that this program be paid for by a combination of individual retiree funds, and by a supplemental fund, (approximately 1°0 of payroll) to be contributed by members of the Police and Fire department. You have asked for us to meet with members of the Police and Fire department and City staff, along with the current insurance carrier to assist in the development of such a plan. Our study will be brief and involve working with the City, staff, members of the Police and Fire department and Prudential to design a program similar in benefits to that which are currently being provided to regular full-time employees, and one which can be funded by the above contributions. • L Fffl February 24, 1984 2 We have agreed that based upon our estimated hours and no more than three meetings with the combined parties, that our fees and expenses to assist in this program will be approximately $4,000. We look forward to working with the City in this important engagement and await your confirmation of this letter. Very truly yours, PEAT` TiARW C MITCHELL & CO. Delbert L. Smith Principal DLS:prh `,� Tj R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMO NT : THAT the City Manager be, and he is hereby , authorized to employ Peat, Marwick , Mitchell & Co. to perform consulting services in connection with the pilot health- insurance program for retirees of the City of Beaumont in an approximate amount of $4 ,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - f. March 9, 1984 Council Letter 371 Honorable Mayor and Members of City Council Subject: Purchase of Fire Hose for Fire Department As a part of the normal yearly replacement of fire-related equipment, bids were taken for some 3,400 feet of different sizes of fire hose. The bids are as follows : 1,000 feet 2,000 feet 400 feet 1-1/2" 2-1/2" 5" Bayou Gasket and Hose $1,280.00 $3,460.00 No bid Claude Write and Associates 1,395.00 3,312.00 $2,790.00 Vallen Safety Supply Co. 1,968.80 4,637.60 No bid Goodall Rubber 1,280.00 3,860.00 No bid Texas Marine and Industrial Supply No bid 2,765.60* No bid Arthur Dooley and Sons No bid No bid 2,240.00 Boots and Coots 1,150.00 3,520.00 2,360.00 Casco Industries .1,500.00 3,400.00 2,260.00 Halprin Supply Company 1,270.00 3,300.00 2,552.00 *Withdrew bid due to error in pricing. The lowest and best bids are underlined. It is recommended that the bids of Boots and Coots for $1,150, Halprin Supply Company for $3,300 and Arthur Dooley and Sons for $2,240, for a total expenditure of $6,690, be accepted. Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, bids were received for the purchase of fire hose; and, WHEREAS, the following bids were submitted: Boots & Coots (Port Neches, Texas) Item Quantity Amount 1-1/2" @ $1 . 15/ft. 1000 ft. $1 ,150 Hal r • n p i Supply (Los Angeles, California) Item Quantity Amount 2-1/2" @ $1 . 65/ft. 2 ,000 ft. $3,300 Arthur Dooley & Son (Beaumont, Texas) Item Quantity Amount 5" @ $5. 60/ft. 400 ft. X2 ,240 and, WHEREAS, the City Council is of the opinion that the bids submitted 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 stated for the purchase of fire hose are hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - yn WORK SESSION AGENDA MARCH 13, 1984 CITY COUNCIL CHAMBERS I. Discussion of Agreement with Drainage District 6 for Flood Plain Study. W/S March 9, 1984 1. Council Letter 359 Honorable Mayor and Members of City Council Subject: Agreement with Drainage District 6 for Flood Plain Study Drainage District 6 has requested that the City enter into a participation agreement to include an examination of possible flood control strategies within the Beaumont corporate limits. The agreement would extend the study area of a project already underway by Drainage District 6. Participation in the study would provide the City with several important results: - Hydraulic base data and models would be available in a form for further detailed studies. - Flood Control Strategies would be presented and evaluated in an alternative analysis, including costs. Such alternatives would include channel improvements, detention improvements, combined improvements, etc. - Financing alternatives and means of implementation would be provided. The findings of the study would be incorporated into the Drainage District 6 Master Drainage Plan and would assist the City and Drainage District 6 in maintaining a coordinated and comprehensive effort. In a proposed fifty-fifty participation, the City's share of the $141,800 project would be $70,900. The monies necessary for this much-needed joint effort will be charged against the Drainage Fund Contingency, which is to be funded as a part of our current year sale of bonds for drainage work. Participation in the study will be included for discussion on the Work Session agenda. NIc, L Karl Nollenberger City Manager " Jefferson County Drainage District No. 6 SAM O. SMITH March 7, 1984 Preude ROBERT C HORN Vice P mdem Se tary Mr. Joe Ternus, Director JOSHUA W. ALLEN, SR. Urban Transportation Department PAT HEN�DomEmRaSSON City of Beaumont Ca r"m Ofw P.O. Box 3827 ROBERT B. RODGERS Beaumont, Texas 77704 Commw wr Dear Joe: R E PLATT General Manager I am enclosing a copy of our consulting engineer' s pro- posal with fees for your information. The total cost anticipated is $141 ,800.00 of which the District requests the City to pay half ($70, 900. 00) . Because of our existing contract with this firm for additional work outside the City, the contract with them will simply be an amendment to our existing agree- ment. The contract for the part of the study you are interested in will only be between the District and the City. I would appreciate it if you would have the City Attorney prepare the interlocal government agreement. Also, as you may recall, your funding will not be required until FY 1985 at which time we will send you a bill. The work will begin immediately, however. I will be at the Council meeting on March 13 along with the Project Engineer for the study. The District President, Sam O. Smith, may also attend. See you then. Since ly, R.E. Platt Manager cc: M. Maniscalco Encl. REP/dw 790 Jeny Lane. Beaumont, Texas 77707 CALENDAR * Monday, March 12 - Holman Hall , St. Mary's Hospital 6:00 P.M. - Jefferson County Indigent Health Steering Committee Meeting (Don Kelly) Tuesday, March 13 - 4950 Lafin Drive 11:00 A.M. - Tour of new service center 11:30 A.M. - Sandwiches 12: 15 P.M. - Formal opening of landfill 1:15 P.M. - Council Chambers Council Meeting, followed by Work Session ** Thursday, March 15 - Jefferson Inn; IH-10 10:30 A.M. - Ribbon Cutting Ceremonies (Frank Dover) * Monday, March 19 - Holiday Inn 9:00 A.M. - Welcome U.A. Officers (Tom Lawrence) 3:45 P.M. - Council Chambers Joint Planning & Zoning Public Hearing (COUNCIL QUORUM REQUIRED) * MAYOR ** COUNCILMAN COX