HomeMy WebLinkAboutPACKET MAY 22 2007 IU
A K,
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 22, 2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Kathleen L. Leaf would be reappointed to the Library Commission. The current term would
expire February 15, 2009. (Mayor Pro Tern Nancy Beaulieu)
Rudy Beeching would be appointed to the Small Business Revolving Loan Fund Board. The term
would commence May 22, 2007 and expire May 21, 2009. (Mayor Pro Tern Nancy Beaulieu)
A) Authorize the City Manager to apply for and accept a Tobacco Compliance Grant from
the Texas Comptrollers Office
B) Authorize the City Manager to execute a Public Right-of-Way Agreement to provide local
exchange telephone service
C) Approve a resolution amending Resolution 07-023 supporting a request from the Golden
Triangle Military Order of Purple Heart Chapter 1991 to name the bridge over the Neches
River"Purple Heart Memorial Bridge."
A
City Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 7, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and accept a Tobacco Compliance Grant from the Texas
Comptrollers Office.
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and accept a Tobacco
Compliance Grant from the Texas Comptrollers Office.
BACKGROUND
The Beaumont Police Department has participated in the enforcement of Texas Tobacco Laws for
more than six years through various grant programs. These programs target establishments that
sell tobacco to minors through inspections and controlled buys. These efforts have resulted in
increased compliance with tobacco laws and a reduction in the use of tobacco by minors in the
area and statewide. These programs are required for the State of Texas to continue receiving
certain types of federal funding which is based upon statewide tobacco law compliance. The grant
awards range from $1,000 to $40,000. In the past the grant amount awarded to the City of
Beaumont has been $7,000.
BUDGETARYIMPACT
An additional $1,000 to $40,000 in funding for tobacco law compliance enforcement.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and accept a Tobacco
Compliance Grant from the Texas Comptrollers Office.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May,
2007.
- Mayor Becky Ames -
B
City g Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 14, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to execute a Public
Right-of-Way Agreement with MCImetro Access Transmission
Services LLC.
RECOMMENDATION
Administration recommends Council approve a resolution authorizing the City Manager to execute
a Public Right-of-Way Agreement with MCImetro Access Transmission Services LLC.
BACKGROUND
MCImetro is a Competitive Local Exchange Carrier and Certified Telecommunications Provider in
the State of Texas. Additionally, they have obtained a Certificate of Operating Authority from the
Texas Public Utilities Commission to provide local exchange telephone service.
The proposed scope of work includes replacing an existing leased network from the AT&T office
located at 220 Main Street to a facility located at 1122 Orleans Street.
BUDGETARY IMPACT
As a Certified Telecommunications Provider,the City may only require compensation of those fees
authorized by State law for use of the public right-of-way. Payments to the City will be made
according to State law. The Agreement also includes an initial fee of$500,payable upon execution
of the Agreement, and reimbursement of engineering inspection expenses not to exceed $2,000.
MCLnetroROWAW=ent.wpd
May 14,2007
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a Public Right-of-Way Use
Agreement, substantially in the form attached hereto as Exhibit"A,"with MClmetro Access
Transmission Services LLC.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May,
2007.
- Mayor Becky Ames -
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, MCImetro Access Transmission Services LLC ("MCImetro") desires to use
certain public right-of-way within the City of Beaumont for the purposes set forth below; and,
WHEREAS, it is the position of the City of Beaumont that MCImetro must obtain a license
in order to use the public right-of-way; and,
WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate
to make the following agreement with MCImetro; and,
NOW, THEREFOR;
The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of
good and valuable consideration, as set out more fully herein, hereby agrees with MCImetro that
MCImetro may lay, maintain, operate, replace or remove a fiber optic communication system
the s stern for
( y ) the transportation of communications m, on, under or across the. streets,
alleyways and easements set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson
County, Texas, as more specifically set out herein and subject to the following conditions:
(a) The system shall be installed in such a manner as has been approved by the
City Engineer and/or the Texas Department of Transportation, if
applicable, so that the finished installation shall, in no way, interfere with
the use of the public streets and alleys by the public. Permits shall be
obtained by MCImetro or MClmetro's contractor from the Public Works
Department of the City prior to any installation, maintenance or removal
requiring excavation.
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EXHIBIT "A"
(b) The system shall be buried at a depth of no less than thirty (30) inches
unless otherwise authorized by the City Engineer and/or the Texas
Department of Transportation, if applicable. The system is to be installed
a minimum of thirty-six inches (36") below the existing flow line of the
adjacent drainage ditch, when crossing or placed in said ditch. MCImetro
will notify the Public Works Department of the City of Beaumont prior to
installation of the system under this agreement, and shall obtain City
permits at a cost not to exceed a one-time charge of Ten Dollars ($10)plus
Five Dollars ($5) for each day of construction.
(c) The installation and operation of the system shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, water lines, or other City-owned facilities.
(d) The system shall be installed in such a manner as to provide a twelve (12)
inch vertical clearance and a thirty-six (36) inch horizontal clearance with
existing water or sanitary sewer lines.
(e) All excavations within the right-of-way shall be backfilled in accordance
with City Standards. All surplus material shall be removed from the right-
of-way.
(f) Excavations necessary for the installation, repair or maintenance of the
system shall be performed in such a manner as will cause the least
inconvenience to the public. MCImetro shall promptly restore to as good
a condition as before and to the reasonable satisfaction of the City Engineer
and/or the Texas Department of Transportation, all streets, alleys, or
easements, excavated by it.
(g) The system will be installed in accordance with the drawings approved by
the City and to the specifications which set out the specific location, depth,
method of construction, etc., of the installation.
(h) Construction along roadways shall be performed in such a manner that
excavated materials shall create the minimum hazard and obstruction. All
property where operations are performed will be restored to original
condition or better. The cost of any repairs to road surface, roadbed,
structures or other right-of-way features as a result of this installation will
be borne by MCImetro of the system.
(i) Any installation which takes place in, on, under, above, or across property
which is not owned by the City or not a City easement or right-of-way shall
require additional permission by the owner(s) of the property involved.
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Approval of this license agreement excludes permission to do any
installation on property which is not owned by the City of Beaumont.
(j) Barricades, warning signs, lights, and flagmen will be provided and
installed in accordance with the Texas Manual of Uniform Traffic Control
Devices (current edition) by MCImetro's contractor when, in the opinion
of the City Engineers, such is necessary for the safe installation of the
system. MCImetro or its contractor will provide supervision of the work
which is knowledgeable in the standards referred to above. Nothing herein
is to be construed as prohibiting the use by MCImetro or its contractor of
additional barricades, warning signs and lights or flagmen as be necessary.
In the event MCImetro or its contractor does not comply with the
barricading standards, the City Engineer may order MCImetro and its
contractor to stop work; but only until compliance is achieved.
(k) City reserves the right to lay and to permit to be laid City-owned sewer,
gas, water and other pipes and cables, and to do or permit to be done any
municipal underground work that may be deemed to be necessary or proper
by City on behalf of the City in, across, along, or under any of the streets,
alleys and easements, and to change any curb or sidewalk or the grade of
any of said streets. Except as otherwise provided i paragraph (m) below,
in doing or permitting any such work, the City of Beaumont shall not be
liable to MCImetro for any damage occasioned; it being understood that
nothing herein shall be construed as foreclosing MCImetro rights to recover
damages against any contractor or third party who may be responsible for
damages to MCImetro facilities.
(1) If the City requires MCImetro to remove, alter, change, adapt, or conform
its facilities because of changes in the grade of a street or in the location or
manner of constructing a water pipe, sewer pipe, or other underground or
aboveground structure owned by the City, on alternative right-of-way
provided by the City, MCImetro shall make the alterations or changes as
soon as practicable when ordered in writing by the City,without claim for
reimbursement or damages against the City at no additional charge to
MCImetro. If these requirements impose a financial hardship on
MCImetro, MCImetro shall have the right to present alternative proposals
for the City's consideration. If the City requires MCImetro to remove,
alter, change, adapt or conform its facilities to enable any other corporation
or person, except the City, to use, or to use with greater convenience, any
public right-of-way, MCImetro shall not be required to make any such
changes until such other corporation or person shall have undertaken, with
solvent bond, to reimburse MCImetro for any loss and expense which will
be caused by or arise out of such removal, alteration, change, adaptation or
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conformance of the System; provided, however, the City shall never be
liable for such reimbursements.
(m) MCImetro shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the installation, maintenance, operation,
repair or removal of the System by MCImetro, except to the extent arising
from the sole negligence,or wanton conduct or gross negligence of the City
of Beaumont, its employees or agents. Neither party shall be liable to the
other for any consequential, special,.or indirect damage hereunder.
(n) If the System or any part thereof installed by MCImetro shall be in any
respect damaged or injured by the City or any public entity in connection
with any construction or maintenance of any public facility, MCImetro
shall not be entitled to prosecute or maintain a claim against the City or.
such public agency unless such damage is occasioned by the City or such
public agencies' sole negligence, wanton conduct or gross negligence.
However,nothing contained in this paragraph shall prevent MCImetro from
prosecuting or maintaining a claim against a private contractor employed
by the City or such entity.
(o) Recovery by MCImetro for damages that occur to the System, as a result
of an adjoining residential homeowner's attempt to construct improvements
to his frontage shall be limited to actual damages only and no loss of
revenue as damages. Any additional cost shall be borne by MCImetro.
(p) The system shall be maintained and operated by MCImetro in such a
manner as to cause no damage to public facilities. Damage to public
facilities occasioned by such maintenance and operation shall be at
MCImetro's expense. Such damages shall be limited to actual damages
and no loss of revenue damages.
(q) MCImetro's contractors shall furnish the City with a certificate of
insurance issued by an insurer acceptable to the City showing that the
permittee has in force, and will maintain in force during the construction of
the system, liability insurance of not less than $1,000,000 for any one
accident and property damage insurance of not less than$1,000,000, or to
applicable City insurance requirements, at the time of such construction.
Such insurance shall be maintained in force during the life of the project
and no modifications or change of insurance coverage and provisions shall
be made without ten (10) days written advance notice to the City.
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(r) MCImetro shall make payment to the City of Beaumont as follows:
• initial agreement fee of$500,payable upon execution of this
agreement;
• payments to the City in accordance with HB 1777;
• inspection, engineering and other costs during the period of
initial construction in the amount of$2000.00, but only as
required by the City Code and the City's Department of
Public Works, which shall be payable upon receipt of
invoice.
(s) Actual expenses of inspection incurred by the City in connection with
maintenance of the system by MCImetro (except as provided in Paragraph
k) shall be reimbursed to the City by MCImetro upon written request
therefore, which shall include evidence of such costs.
(t) MCImetro agrees that it shall mark the location of its system within forty-
eight (48) hours after receipt of notification of proposed construction.
MCImetro maintains a toll-free telephone number to be called for location
of the system. Should MCImetro fail to locate the system for the City
within forty-eight (48) hours of re q uest duly acknowledged, MCImetro
shall pay a late charge of Five Hundred Dollars ($500) per day. In the
event of a dispute concerning notice, MCImetro audio tape of telephone
messages shall provide proof of notification, which tapes will be made
available upon request. Alternatively, notice may be shown by delivery of
a certified letter to MCImetro.
(u) MCImetro, at no cost to the City, shall keep in the City and make available
upon request, complete "as built" drawings clearly showing locations and
depth of all facilities. Such drawings shall be provided to the City within
sixty (60) days after completion of the project.
(v) This agreement may not be assigned by MCImetro to any other company
or legal entity without the prior written approval by the City of
Beaumont's Public Works Direct or, except that MCImetro may assign its
rights and obligations under this agreement to MCImetro's parent,
subsidiary, affiliate or successor entity without such consent, so long as the
parent, subsidiary, affiliate or successor (1) assumes all obligations of
MCImetro under this agreement; and (2) is bound to the same extent as
MCImetro; and (3) the City is notified of the assignment within sixty (60)
days and is furnished a written document within which the assignee assumes
all obligations under this license.
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(w) Should any other company or legal entity, other, than MCImetro or
MCImetro's parent, subsidiary, affiliate or successor as authorized in
section (v), use the system installed under this agreement under the rights
granted herein without notification of the City of Beaumont's Public
Works Director, such use shall be a violation of this agreement and
MCImetro will cease all use of the system and the City may take steps
necessary to enforce a cancellation of this agreement, including removal of
some portion or all of the system upon thirty (30) days written notice to
MCImetro.
The City shall give MCImetro written notice of any violation of this Agreement. If
MCImetro fails to correct such violation within sixty(60)days of such notice, this Areement shall
be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either
party to the other may be effected either by personal delivery in writing or by registered or
certified mail, postage prepaid with return receipt requested or by nationally recognized overnight
courier. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont MCImetro Access Transmission
Public Works Department Services LLC ("MCImetro")
PO Box 3827 Attn: Manager, Franchises
Beaumont, Texas 77704 2400 North Glenville Drive
(409) 880-3725 Richardson, Texas 75082
Telephone: 972-729-7106
Fax: 972-729-6700
with a copy to:
Verizon Business, Legal & External Affairs
2400 North Glenville Drive
Richardson, Texas 75082
Telephone: 972-729-6751
Fax: 972-729-7926
NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS SET FORTH ABOVE:
(y) The above-stated addresses may be changed to such addresses as the parties may
from time to time designate by written notice.
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(z) Commencement of work on the System by MCImetro after the date of this
Agreement shall be construed as evidence of MCImetro's acceptance and approval
of the conditions above set forth.
(aa) This agreement shall be governed by and construed in accordance with the laws of
the State of Texas, without giving effect to its principles of conflicts of law.
(bb) MCImetro certifies that it is a Competitive Local Exchange Carrier and Certified
Telecommunications Provider under the laws of the State of Texas and any rules
or regulations of the Texas Public Utility Commission. MCImetro certifies that it
has obtained a Certificate of Operating Authority from the Texas PUC and that it
is governed by the provisions of Texas HB 1777.
(cc) This Agreement embodies the entire agreement between the parties hereto and
supersedes all prior agreements and understandings, if any, relating to the matters
addressed herein. This agreement may be amended or supplemented only by a
written instrument executed by both parties.
IN WITNESS WHEREOF,the City of Beaumont, Texas, has caused these presents to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this
day of , 2007.
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
ATTEST:
City Clerk
MCImetro Access Transmission Services LLC(" MCImetro")
By:
Title:
ATTEST:
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EXHIBIT "A"
MCImetro Access Transmission Services LLC ("MCImetro")
Fiber Optic Installation
Total Linear Feet
8
c
City Council Agenda Item
M OL
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 18, 2007
REQUESTED ACTION: Council consider approving a resolution amending Resolution
07-023 supporting a request from the Golden Triangle
Military Order of Purple Heart Chapter 1991 to name the
bridge over the Neches River "Purple Heart Memorial
Bridge."
BACKGROUND
Mr. Delano Reeves and others with the Golden Triangle Military Order of the Purple Heart Chapter
1991 made a request to City Council during a worksession on January 16, 2007 for the support of
the City in naming the bridge over the Neches River"Purple Heart Memorial Bridge." The City
Council approved a resolution on January 23, 2007 supporting the effort; however, the Texas
Department of Transportation is requesting additional language in the resolution to include the"City
of Beaumont names the portion of the Neches River Bridge lying in the Beaumont city limits"Purple
Heart Memorial Bridge."
The bridge crossing the Neches River between Beaumont and Jefferson County and Rose City and
Orange County does not have an official name. The bridge is known and referred to as the"Neches
River Bridge." Bridges are given a name by a city, county, or the Texas Legislature. In this
particular case, a number of governmental entities will need to give their support for the official
naming to occur. Orange County has given their support in naming the bridge. If the City Council
supports the name as well,the Golden Triangle Military Order will work with the Texas Department
of Transportation on the purchase and installation of signage. TxDOT may require other
governmental entities to support the naming of the bridge as well.
BUDGETARYIMPACT
TxDOT will be responsible for the ongoing maintenance of any signage.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Resolution No. 07-023 supporting the request to name the bridge over the Neches
River"Purple Heart Memorial Bridge"approved January 23, 2007 by City Council is hereby
amended to name that portion of the Bridge lying within the city limits of Beaumont"Purple
Heart Memorial Bridge."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May,
2007.
- Mayor Becky Ames -
EL
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 22, 2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
ELECTION OF MAYOR AND COUNCILMEMBERS
* Consider approval of an ordinance canvassing the results of the May 12, 2007 City
General Election
* Administration of the oath of office
* Recess
RECONVENE MEETING
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-8/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a contract for the Wendelin and Kelly Drive Pavement
Improvement Project
2. Consider approving a contract to reconstruct the driveways at Fire Stations
No. 2 and 7
3. Consider approving the purchase of digital emergency radio equipment for use in
the Fire Department
4. Consider approving Change Order No. 1 related to the Martin Luther King, Jr.
Park Project
5. Consider approving the purchase of nine(9)baseball scoreboards for the Athletic
Complex
6. Consider authorizing the City Manager to receive additional funding through the
Department of Homeland Security Buffer Zone Protection Plan Program
7. Consider approving a contract for the Summer Food Service Program
WORKSESSION
* Review and discuss amending the FY 2007 Budget to increase expenditures in the
Water Utilities Fund
8. Consider approving an ordinance amending the FY 2007 Budget to increase
expenditures in the Water Utilities Fund
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
May 22,2007
Consider approval of an ordinance canvassing the results of the May 12, 2007 City General
Election
...... City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, Interim City Clerk
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 16, 2007
REQUESTED ACTION: Council consider approving an ordinance canvassing the votes of the
May 12, 2007 General Election for the City of Beaumont, and
Ordering a Run-Off Election in the City of Beaumont, Texas, on the
30"'day of June,2007,to determine who shall be Councilmember in
Ward I
RECOMMENDATION
Council canvass the results of the May 12, 2007 General Election for Mayor, two (2)
Councilmembers-At-Large, four(4) Councilmembers for Wards I, 11, III and IV and a proposition
authorizing the sale of Hebert Park,Maple/Oakland Park and a Portion of Pipkin Park,and ordering
a Run-Off Election in the City of Beaumont,Texas,on the 30th day of June,2007,to determine who
shall be Councilmember in Ward 1. Early voting for the Run-Off election will be from June 18
through June 26,2007. The early voting polling locations will be the Jefferson County Court House
and BISD Administration Building.
BACKGROUND
The Election Code, Section 67.003, states that each local canvassing authority shall convene to
conduct the local canvass at the time set by the canvassing authority's presiding officer not earlier
than the eighth day or later than the eleventh day after election day. Council shall meet and canvass
the returns and officially declare the results. Elected officials will be sworn in and take office in their
respective positions. No candidate for Councilmember in Ward I received the necessary votes
required by the Charter to be elected, making a run-off election imperative.
BUDGETARY IMPACT
Estimated expense to conduct a Run-Off election is estimated at $15,000.00
ORDINANCE NO.
AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL
ELECTION OF THE CITY OF BEAUMONT HELD JOINTLY WITH
JEFFERSON COUNTY, ON THE 12TH DAY OF MAY, 2007, FOR THE
PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-
LARGE, COUNCILMEMBERS WARDS I, II, III AND IV; A PARK
PROPOSITION AUTHORIZING THE SALE OF HEBERT PARK,
MAPLE/OAKLAND PARK AND A PORTION OF PIPKIN PARK, AND
ORDERING A RUN-OFF ELECTION IN THE CITY OF BEAUMONT,
TEXAS,ON THE 30TH DAY OF JUNE,2007,TO DETERMINE WHO SHALL
BE COUNCILMEMBER IN WARD I. PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR REPEAL.
WHEREAS, the City Council of the City of Beaumont, in session, duly called the
general election to be held jointly with Jefferson County on the 12th of May, 2007, and the
election returns of the votes cast in said election were canvassed for the following officials:
Official forthe office of Mayor;Officials forthe offices of Councilmember-At-Large,Officials
for the offices of Councilmember Wards I, 11, 111 and IV.
WHEREAS, after duly canvassing said returns, the City Council finds that the votes
cast at said election for the candidates for said offices are as follows:
Office of Mayor: Votes Percentage
Becky Ames 7,364 51.46%
Fanniece Hawkins 6,664 46.57%
Charlie Bennett, Jr. 283 1.98%
Office of Councilmember at Large:
Charlie Foxworth 6,115 27.01%
Gethrel "Get' Williams Wright 6,202 27.39%
Allen Lee 1,458 6.44%
Delores Davis 767 3.39%
Leroy Lewis III 476 2.10%
Dean L. Tucker 333 1.47%
Ernest "Bruce" Hendrix, Jr. 996 4.40%
W.L. Pate, Jr. 6,294 27.80%
Councilmember Ward I:
Martha "Marty" Craig 1,284 31.55%
Alan Coleman 1,885 46.31%
Randall Collins 901 22.14%
Councilmember Ward II:
Nancy Beaulieu 4,343 100.00%
Councilmember Ward III:
Celestine Harris 277 14.96%
Audwin Samuel 1,574 85.04%
Councilmember Ward IV:
Jamie Smith 1,595 59.76%
Bobbie J. Patterson 1,074 40.24%
Park Propositions for the Sale of:
Hebert Park
For the Sale 8,487 68.08%
Against the Sale 3,979 31.92%
Oakland/Maple Park
For the Sale 8,588 70.25%
Against the Sale 3,637 29.75%
Pipkin Park
For the Sale 7,889 63.13%
Against the Sale 4,608 36.87%
Whereas no candidate for Councilmember Ward I received the necessary votes
required by Charter to be elected, a run-off election is required.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the results of said regular City election be and the same are hereby declared
to have been as set out herein, and the following named persons were elected to the
respective positions subject to the taking of their oaths of office as provided by the laws of
the State of Texas:
For Mayor: Becky Ames
For Councilmember-At-Large: Gethrel Williams-Wright
For Councilmember-At-Large: W.L. Pate, Jr.
Councilmember Ward II: Nancy Beaulieu
Councilmember Ward III: Audwin M. Samuel
Councilmember Ward IV: Jamie Smith
Park Proposition for the Sale Hebert Park
Oakland/Maple Park
Pipkin Park
Section 2.
The City Council of the City of Beaumont further finds that notice of said election
was duly and properly given as required by law, and that said election was duly held and
returns thereof were duly made by the proper officials of said election and in all things
according to law.
Section 3.
In accordance with the City Charter, the State Constitution and general laws of the
State of Texas, a runoff election is hereby called and ordered for June 30, 2007, at which
election all legally qualified voters residing in Ward I of the City of Beaumont may vote for
the purpose of electing a Councilmember for Ward I.
The Mayor is hereby authorized to sign an Order and Notice of Municipal Runoff
Election prescribed by the State of Texas. The Notice of Municipal Runoff Election shall
be posted and published in accordance with the provisions of the Texas Election Code and
the City Charter.
Section 4.
Said election shall be held jointly with Jefferson County in accordance with Chapter
271 of the Texas Election Code and as outlined in the terms of an agreement heretofore
entered into with Jefferson County.
Section 5.
That said runoff election shall be held in the City of Beaumont between the hours
of 7:00 a.m. and 7:00 p.m. at the places listed in Exhibit "A" attached hereto and made
a part hereof for all purposed. The persons whose names appear in the Exhibit "A" are
appointed presiding judges and alternates for the respective polling places with authority
to select and appoint clerks. Pursuant to Sections 32.032 and 32.033 of the Texas
Election Code, the presiding judge for each election precinct shall appoint a minimum of
one (1) Clerk, and the Clerk may authorize as many additional clerks as are deemed
necessary for the proper conduct of the election.
Section 6.
That an electronic voting system, as described by Title 8 of the Texas Election
Code, shall be used for said election.
Section 7.
That the following are hereby appointed officers of said election to serve at the
Central Counting Station, which is hereby established at the Mid-County Office Building,
2748 Viterbro Road, Nederland, Texas: Manager of the Central Counting Station,
Christopher Mouton; Tabulation Supervisors, Paul Helejda and Ken Sheholm: Presiding
Judge of the Central Counting Station, Pat Anders; Alternate Judge, Donna Ferchak.
Section 8.
All ballots shall be prepared in accordance with Texas Election Code. Electronic
and optical Scan ballots shall be used for early voting by mail and for provisional ballots.
The iVotronic Voting System v8.0.1.0 (Direct Recording Electronic) shall be used for early
voting by personal appearance and voting on Election Day. The City Council hereby
adopts for use in early voting and Election Day voting the iVotronic Voting System v8.0.1.0
(DRE) as approved by the Secretary of State.
Section 9.
That the County Clerk,whose mailing address is P.O. Box 1151, Beaumont, Texas
77704, is hereby appointed clerk for early voting; and pursuant to Sec. 73.034 of the Texas
Election Code, the appointment of Theresa Goodness as Deputy Early Voting Clerk is
approved, said appointment being without additional compensation. The Clerk may
authorize as many additional clerks as are deemed necessary for the proper conducting
of the election. Early voting by personal appearance shall be conducted at the main early
voting location at the Jefferson County Court House, 1001 Pearl Street, Beaumont,Texas,
or at the following branch early voting location: BISD Administration Building, 3395
Harrison Avenue, Beaumont, Texas. The dates and times early voting is to be conducted
is as follows:
Monday, June 18, 2007 8:00 a.m. to 5:00 p.m.
Tuesday, June 19, 2007 8:00 a.m. to 5:00 p.m.
Wednesday, June 20, 2007 8:00 a.m. to 5:00 p.m.
Thursday, June 21, 2007 8:00 a.m. to 5:00 p.m.
Friday, June 22, 2007 8:00 a.m. to 5:00 p.m.
Saturday, June 23, 2007 7:00 a.m. to 7:00 p.m.
Sunday, June 24, 2007 12:00 p.m. to 5:00 p.m.
Monday, June 25, 2007 7:00 a.m. to 7:00 p.m.
Tuesday, June 26, 2007 7:00 a.m. to 7:00 p.m.
Early voting ballot applications and ballots voted by mail shall be sent to the County
Clerk's Office, P.O. Box 1151, Beaumont, Texas, 77704.
Section 10.
That early votes by personal appearance and by mail shall be conducted by an early
voting ballot board consisting of a presiding judge and one clerk, and the County Clerk may
authorize as many additional clerks as are deemed necessary. Joe B. Wilson is hereby
appointed Presiding Judge of the Early Voting Ballot Board. Early votes shall be
canvassed and returned by the Early Voting Ballot Board to the Central Counting Station
by 7:00 p.m. on election day.
Section 11.
The order in which the names of the candidates are to be printed on the ballot shall
be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas
Election Code. The Clerk shall post a notice in the office, at least twenty four (24) hours
prior to the date on which the drawing is to be held, of the time and place of the drawing,
and shall also give personal notice to any candidate who makes written request for such
notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each
candidate involved in the drawing, or a representative designated by the candidate, shall
have a right to be present and observe the drawing.
Section 12.
That if any section,subsection, sentence, clause,or phrase of this ordinance,orthe
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction,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;and the City
Council of the City of Beaumont, Texas, declares it would have passed each and every
part of the same notwithstanding the omission of any such part thus declared to be invalid
or unconstitutional, or whether there by one or more parts.
Section 13.
That all ordinances or parts of ordinances inconsistent or in conflict herewith are,
to the extent of such inconsistency or conflict, hereby repealed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May,
2007.
- Mayor Guy N. Goodnson -
PRECINCT LOCATIONS FOR JUNE 30, 2007 RUN-OFF
ELECTION
PCT LOCATION JUDGE ALTERNATE JUDGE
Smith Middle School Jerrie Mathis Jim Doane
2 4415 Concord 3730 Acorn Circuit 3460 Minglewood
Beaumont, TX 77703 Beaumont, TX 77703 Beaumont, TX 77703
BISD Administration Bldg. Dick Foulk Shirley Laday
4 3395 Harrison 3670 Crestwood 23750 Vincent Rd.
Beaumont, TX 77702 Beaumont, TX 77706 Winnie, TX 77665
Central Sr. High School Celeste Johnson Greg Cottington
6 88 Jaguar 2560 Rusk St. 3775 Seminole
Beaumont, TX 77702 Beaumont, TX 77702 Beaumont, TX 77707
O.C. "Mike"Taylor Barbara Bradley M. Thomas Brent
Career Center 2165 North St. 2490 Louisiana
7 2330 North St. Beaumont, TX 77701 Beaumont, TX 77702
Beaumont, TX 77701
Roy Guess Elementary Janet Dietz J.W. Albert
22 8055 Voth Rd. 7750 Homer Dr. 1915 Griffing Rd.
Beaumont, TX 77708 Beaumont, TX 77708 Beaumont, TX 77708
Rosedale Baptist Lucille Bryan Anita Smith
23 7110 Concord Rd. 6910 Concord 5410 Linda Ln.
Beaumont, TX 77708 Beaumont, TX 77708 Beaumont, TX 77708
Austin Jr. High School Robert Thompson Margaret Carter
68 3410 Austin 4855 Dellwood Lane 1220 Rikisha
Beaumont, TX 77706 Beaumont, TX 77706 Beaumont, TX 77706
Wesley United Methodist Randy Rosenberry Ora J. Magee
72 Church 7815 Shelia PO Box 12479
3810 N. Major Drive Beaumont, TX 77713 Beaumont, TX 77726
Beaumont, TX 77713
USW Union Hall Alice M. Dyes Mary Randall
2490 S. 11 th St. 4665 Corley 4255 Corley
85 Beaumont, TX 77701 Beaumont, TX 77707 Beaumont, TX 77707
Pine Burr Baptist Church Jackie Duriso Wallce Domingue
87/88/99 5095 Pine Burr Blvd. 5550 Folsum#166 5620 Concord Rd.
Beaumont, TX 77708 Beaumont, TX 77706 Beaumont, TX 77708
Ridgewood Retirement Darlyne Dorsey John Crawford
Center 1250 Condon 2780 Lakeview Circle
89 2520 IH 10 East Beaumont, TX 77701 Beaumont, TX 77703
Beaumont, TX 77705
Calvary Baptist Church Frank Thomas Barbara Swenson
104 3650 Dowlen Rd. 3599 Briar Creek Dr. 3286 Pine Tree Rd. #47
Beaumont, TX 77706 Beaumont, TX 77706 Beaumont, TX 77705
1
May 22, 2007
Consider approving a contract for the Wendelin and Kelly Drive Pavement Improvement Project
UAW�
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 14, 2007
REQUESTED ACTION: Council consider a resolution authorizing the award of a
contract for the Wendelin and Kelly Drive Pavement
Improvement Project in the amount of$705,433.00.
RECOMMENDATION
Administration recommends awarding the contract for the Wendelin and Kelly Drive Pavement
Improvement Project to L. D. Construction in the amount of$705,433.50.
BACKGROUND
On April 26, 2007, the City of Beaumont received four(4) bids for the Wendelin and Kelly Drive
Pavement Improvement Project. The lowest bid was submitted by L. D. Construction in the amount
of$705,433.50. A copy of the bid tabulation sheet is attached.
L. D. Construction is a certified Minority Owned Business Enterprise.
BUDGETARY IMPACT
Funds are available in the Capital Program.
Wendelin/Kelly DnveContractAww*&wpd
may 15,2007
CITY OF BEAUMONT
BID TAB
WENDELIN&KELLY DRIVE PAVEMENT IMPROVEMENTS
PAGE 1 OF 4
APAC-TEXAS EXCAVATORS&
L.D.CONSTRUCTION ALLCO,LTD INC. CONTRUCTORS
Item Item Unit Estimated Unit Total Unit Total Unit Total Unit Total
No. Code Alt Description Measure Quantity Price Price Price Price
101 001 PREP ROW(STATIONS) STA 49 Z$200,00 $9,800.00 $1,572.00 $77,028.00 $720.00 $35,280.00 $774.00 $37,926.00
204 001 SPRINKLING(DUSTCONTROL) MG 550 $2,750.00 $1.00 $550.00 $16.00 $8,800.00 $10.00 $5,500.00
132 001 EMBANKMENT USING EXST.MATERIAL CY 1430 $17,160.00 $177.00 $253,110.00 $23.00 $32,890.00 $20.00 $28,600.00
354 001 PLANING PAVEMENT(6") SY 11305 $16,957.50 $4.26 $48,159.30 $2.00 $22,610.00 $2.20 $24,871.00
360 001 CONCRETE PAVEMENT(JOINT REINF)(CL A)(6") SY 14350 $487,900.00 $10.00 $143,500.00 $41.50 $595,525.00 $43.00 $617,050.00
400 002 CEMENT STAB.SAN&2 SACK/TN CY 695 $31,275.00 $64.50 $44,827.50 $100.00 $69,500.00 $64.00 $44,480.00
464 002 STORM SEWER 24"HDPE LF 80 $35.00 $2,800.00 $36.50 $2,920.00 $120.00 $9,600.00 $52.20 $4,176.00
467 001 SAFETY END TREATMENT EA 2 $1,000.00 $2,000.00 $900.00 $1,800.00 $900.00 $1,800.00 $690.00 $1,380.00
500 001 MOBILIZATION LS Eg $30,000.00 $30,000.00 $92,600.00 $92,600.00 $66,450.00 $66,450.00 $33,125.00 $33,125.00
502 001 BARR.SIGNS&TRAFFIC HANDLING MG $2,000.00 $12,000.00 $2,470.00 $14,820.00 $1,090.00 $6,540.00 $1,160.00 $6,960.00
530 001 CONC.DRIVEWAYS(4")(CL A) SY $50.00 $25,150.00 $46.50 $23,389.50 $100.00 $50,300.00 $42.40 $21,327.20
530 002 CONC.DRIVEWAYS(6")(CL A) SY $70.00 $26,390.00 $48.70 $18,359.90 $88.00 $33,176.00 $47.95 $18,077.15
531 001 4"SIDEWALKS SY $50.00 $1,000.00 $85.00 $1,700.00 $120.00 $2,400.00 $40.80 $816.00
5007 001 HAY BALES EA $10.00 $1,000.00 $33.00 $3,300.00 $20.00 $2,000.001 $10.00 $1,000.00
5009 002 SILT FENCE LF 9600 $2.00 $19,200.00 $2.50 $24,000.00 $5.00 $48,000.00 $1.45 $13,920.00
5010 001 CONSTRUCTION EXIST SY 135 $5.00 $675.00 $33.50 $4,522.50 $35.00 $4,725.001 $8.00 $1,080.00
6007 001 RE-GRADE EXISTING DITCH LF 1 9688 $2.001 $19,376.00 $4.50 $43,596.00 $2.00 $19,376.00 $1.50 $14,532.00
BID TOTAL $705,433.50 $798,182.70 $1,008,972.001 $874,820.35
RESOLUTION NO.
WHEREAS, bids were received for a contract for the Wendelin and Kelly Drive
Pavement Improvement Project ; and,
WHEREAS, L. D. Construction, Beaumont, Texas, submitted a bid in the amount
of$705,433.50; and,
WHEREAS, City Council is of the opinion that the bid submitted by L. D.
Construction should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by L. D. Construction of Beaumont, Texas, for the Wendelin and
Kelly Drive Pavement Improvement Project in the amount of$705,433.50 be accepted by
the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May,
2007.
- Mayor Becky Ames -
2
May 22, 2007
Consider approving a contract to reconstruct the driveways at Fire Stations No. 2 and 7
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 14, 2007
REQUESTED ACTION: Council approval of a contract for Driveway replacement at
Fire Stations No. 2 and 7.
RECOMMENDATION
Administration recommends the award of a bid to Bruce's General Construction of Beaumont in the
amount of$123,660 for the replacement of the driveways at Fire Stations No. 2 and No. 7.
BACKGROUND
Driveways, at Fire Station No. 2 located at 4495 Ironton and Fire Station No. 7 located at 1710
McFaddin, have failed and must be replaced. These driveways,constructed at the time the facilities
were built, cannot support the weight of the equipment and vehicles that are now in use.
The bids received are as follow:
Vendor Bruce's General Simco Enterprises
City/State Construction Groves,TX
Beaumont,TX
Fire Station No. 2 $32,560 $33,140
Base Bid w/Alternate
Unit Cost -Labor and fill material $45.00/cu. yd $50.00/cu. yd.
Unit Cost -Drainage pipe removal and $100/linear ft. $80.00/linear ft.
replacement
Driveway replacement at Fire Stations No. 2 & 7
May 14, 2007
Page 2
Vendor Bruce's General Simco Enterprises
City/State Construction Groves, TX
Beaumont, TX
Fire Station No. 7 $91,100 $110,255
Base Bid w/Alternates
Unit Cost -Backfill $45.00/cu. yd $50.00/cu. yd.
TOTAL-Fire Station No. 2 & 7 $123,660 $138,745
Alternates include constructing concrete pads for backup generators at both stations and additional
parking spaces at Fire Station No. 7. Unit prices for furnishing all materials, labor, and equipment
necessary to remove sub-grade soft spots were also requested. Price per cubic yard includes removal
and excavation, furnishing 60/40 fill material and compacting to proper density.
Work will be completed within twenty-one(2 1) days.
Bruce's General Construction is a certified Minority Owned Business Enterprise.
BUDGETARY E"ACT
Funding is available in the Capital Program.
RESOLUTION NO.
WHEREAS, bids were received fora contract for the replacement of the driveways
at Fire Station Nos. 2 and 7; and,
WHEREAS, Bruce's General Construction of Beaumont, Texas, submitted a bid in
the amount of $123,660; and,
WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General
Construction of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Bruce's General Construction of Beaumont, Texas, for a
contract for the replacement of the driveways at Fire Station Nos. 2 and 7 in the amount
of $123,660 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May,
2007.
- Mayor Becky Ames -
3
May 22, 2007
Consider approving the purchase of digital emergency radio equipment for use in the Fire
Department
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 8, 2007
REQUESTED ACTION: Council approval to purchase digital emergency radio
equipment for use in the Fire Department.
RECOMMENDATION
Administration recommends the purchase of radio equipment through the Houston-Galveston Area
Council(H-GAC)Cooperative Purchasing Program at a total cost of$51,831.47,with the equipment
to be ordered from Motorola.
BACKGROUND
H-GAC is a cooperative purchasing association providing cities and political subdivisions with the
means to purchase specialized equipment at volume pricing. All contracted items have been bid in
accordance with the State of Texas procurement statutes. The price of the radios includes an H-GAC
administrative fee of$787.17.
The radio equipment being purchased is to facilitate emergency response by the Fire Department.The
purchase will assist the Beaumont Fire Department to migrate from analog radios to digital radios.
The digital technology allows for clearer reception and transmission on the 800 M1-1Z frequency than
the analog. In addition, radio manufacturers are forcing the migration from analog to digital.
The equipment to be purchased includes fifteen(15) XTS 2500 Digital Portable Units with related
support devices. These radios are spares to be used as replacements for broken equipment and for
incoming agencies to use in emergency situations.
The purchase price will include a three(3)year full warranty on all equipment. Warranty service will
be provided by Motorola.
Purchase of Radio Equipment
May 8, 2007
Page 2
A detailed breakdown of the cost is as follows:
Schedule of Proposed Radio Equipment Purchase:
Model Quantity Extended Price
Motorola XTS2500 15 $51,044.30
H-GAC fee 787.17
Total Cost $51,831.47
BUDGETARY IMPACT
Funds for the expenditure will be provided by a 2006 State Homeland Security Program (SHSP)
grant, with no matching funds required.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of fifteen (15) XTS 2500 Digital
Portable Units with related support devices for use by the Fire Department from Motorola
through the Houston-Galveston Area Council (H-GAC) in the amount of $51,831.47
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of May,
2007.
- Mayor Becky Ames -
4
May 22, 2007
Consider approving Change Order No. 1 related to the Martin Luther King, Jr. Park Project
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 14, 2007
REQUESTED ACTION: Council approval of Change Order No. 1 for Martin Luther
King, Jr. Park.
RECOMMENDATION
Administration recommends approval of Change Order No. 1 for upgrading the specified 2 ft. x 2ft.
concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new memorial brick
pavers in a charcoal finish. The total cost for the upgrade is $47,476.
BACKGROUND
The original bid
document, prepared by Leap Engineering, failed to specify the agreed upon paver
to be used in the construction of the walkway. Bidders provided prices for a common 2 ft. x 2 ft.
concrete paver. The walkways were designed using a Hanover Limestone Grey with a Tudor finish
paver and the memorial brick pavers were requested in a charcoal finish. The specified walkway and
memorial brick pavers are a part of the park's architectural design.
The total cost for the upgrade including the memorial pavers is$47,476. This change order increases
the contract amount to $695,476 and represents a 7.3%increase from the base bid.
No additional days for completion were requested.
BUDGETARY IMPACT
Funding is available in the Capital Program.
RESOLUTION NO.
WHEREAS, on October 31, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-335 in the amount of $648,000 to N & T Construction, Inc.,
Orange, Texas, for the construction of Martin Luther King, Jr. Park; and,
WHEREAS, Change Order No. 1 is required for upgrading the specified 2 ft. x 2 ft.
concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new memorial
brick pavers in a charcoal finish thereby increasing the contract amount by$47,476 which
increases the total contract amount to $695,476;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No, 1
increasing the contract amount by $47,476 for a total contract amount of$695,476 for the
construction of Martin Luther King, Jr. Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May,
2007.
- Mayor Becky Ames -
5
May 22, 2007
Consider approving the purchase of nine (9)baseball scoreboards for the Athletic Complex
City Council Agenda Item
A ` c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 8, 2007
REQUESTED ACTION: Council approval to purchase nine (9) Baseball Scoreboards
for the Athletic Complex.
RECOMMENDATION
Administration recommends the purchase of nine(9)baseball scoreboards from Olen Williams,Inc.
of Euless, TX through the BuyBoard contract at a total cost of$43,865.
BACKGROUND
The Texas Local Government Purchasing Cooperative's BuyBoard offers products and services that
have been submitted for competitive bidding as outlined by state statute. Olen Williams, Inc. is
currently contracted with BuyBoard to provide Fair-Play scoreboards to members of the purchasing
cooperative. Membership in the BuyBoard is open to school districts, municipalities, counties, and
nonprofit organizations throughout Texas. The City of Beaumont's membership in the purchasing
cooperative was previously approved by City Council. By participating in the cooperative, members
can reduce the number of bids processed as well as take advantage of volume discounts.
The scoreboards at the Athletic Complex on College Street were damaged during Hurricane Rita.
Complex 1, Complex 2, and Complex 3 each contain three(3) scoreboards.
The Fair-Play Model BA-7109CL-2 wireless electronic scoreboards are nine(9)feet in length. They
have wide amber LED digits which allows excellent readability from various angles during day and
night games. These models have a three-step waterproofing process to protect the digits from
damaging effects of water and humidity. An auto-dimming feature will adjust the display to changing
light conditions.
Purchase of Baseball Scoreboards
May 8, 2007
Page 2
The new scoreboards can be attached to the existing mounts which are still in good condition.
Installation includes hoisting and attaching the scoreboards to existing structures. The installation
also includes hookup, testing and demonstration of the system.
Delivery of the new scoreboards is expected within four(4) to five (5)weeks after being ordered.
A detailed breakdown of the cost is as follows:
Schedule of Proposed Baseball Scoreboards:
Model Quantity Extended Price
Scoreboard 9 $39,365.00
Installation 4,500.00
Total Cost $43,865.00
BUDGETARY IMPACT
Funds are budgeted for this expenditure in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of nine (9) baseball scoreboards
from Olen Williams, Inc., of Euless, Texas, in the amount of $43,865 for the Athletic
Complex through the Texas Local Government Purchasing Cooperative's BuyBoard.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May,
2007.
- Mayor Becky Ames -
6
May 22, 2007
Consider authorizing the City Manager to receive additional funding through the Department of
Homeland Security Buffer Zone Protection Plan Program
.�.
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 3, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to receive
additional funding up to $100,000 through the Department
of Homeland Security Buffer Zone Protection Plan Program
(BZPP).
RECOMMENDATION:
Administration recommends authorizing the City Manager to receive additional funding up to
$100,000 through the Department of Homeland Buffer Zone Protection Plan Program.
BACKGROUND:
Resolution 06-073 approved acceptance of$49,969.62 for Arkema Chemical. The Department of
Homeland Security has made available additional funding to purchase law enforcement
equipment.
BUDGETARY IMPACT:
Additional funding up to $100,000 in law enforcement equipment with no matching funds from
the city.
UNITED STATES DEPARTMENT OF HOMELAND SECURITY ,:AF.
Information Analysis and Infrastructure Protection
Protective Security Division-Protective Measures Section - ,<••:<
Buffer Zone Protection Plan Program
VULNERABILITY REDUCTION PURCHASING PLAN
VRPP NO. I JDATE
BZPP SITE Arkema(Formerly Atofina)Beaumont ADDRESS 2810 Gulf States Road, Beaumont,Tx 77701
ADDITIONAL BZPP ADDITIONAL
SITE(S) ADRESS(ES)
RESPONSIBLE Beaumont PD ADDRESS 255 College, Beaumont,Tx 77701
JURISDICTION
ORGANIZATION(RJO)
RJO POC NAME ITimothy Ocnaschek IPHONE 409-880-3838
E-MAIL I tocnaschek(a-)ci.beau Mont.tx.us ICELL 409-466-5117
EQUIPMENT AND RELATED ITEMS
ITEM
NO. AEL NO. DESCRIPTION UNIT COST QTY. TOTAL COST
1 12.1 Vehicle with emergency lights $24,763.30+$1,700 $26,463.30 1 $26,463.30
2 1.13.1.1 Equipment Stora a container $2,215.00 1 $2,215.00
3 6.18 Antenna and extension wire for Satellite Phones $1,745.00 2 $3,490.00
4 13.8 Digital recorder $485.00 1 $485.00
5 13.8 Earphone comm port MTS/XTS adapter for surveillance $344.00 7 $2,408.00
6 6.32 CISCO Antennas(2@$153.13 and 1 $886.99 $1,193.25 1 $1,193.25
7 6.26 CISCO wireless Access device $426.71 1
$426.71
8 5.6 Encryption software fro motorola digital radios $400.00 25 $10,000.00
9 6.13 All in One Fax copier machine $357.44 4 $1,429.76
10 3.3.23 Scene Markin Tae $27.90 30 $837.00
11 13.8 Negotiator Call Box $15,395.00 1
$15,395.00
12 14.1.1.6 Digital Camera $349.47 4 $1,397.88
13 14.1.1.6 Digital Video Camera $658.69 2 $1,317.38
14 1.1.4.1 N100 Personal Protective Masks case of 20 $121.26ea $2,425.20 1 $2,425.20
15 20.1 BDU pants $32.60 84 $2,738.40
16 20.1 BDU coat/shirt $32.60 84
$2,738.40
17 20.1 Work boot $79.20 42
$3,326.40
18 20.1 Tactical gloves $45.15 50 $2,257.50
19 20.1 Eye rotection $99.99 50
$4,999.50
20 4.14 Video Display monitor $2,849.97 1
$2,849.97
21 4.12 for project man ement,training, and installation and setup. $8,500.00 1 $8,500.00
22 20.1 Ballistic Helmet $366.45 1
$366.45
23 20.1 Tactical Holster $104.90 22 $2,307.80
20.1 Tactical Duty belt
$39.95 5 $199.75
24
F25 20.1 ITactical Inner belt $18.95 5
$94.75
VRPP GRANT TOTAL $99,862.40
VRPP ILOAN NO. I EQUIPMENT RECEIVED/EN ROUTE $0.00
GRAND TOTAL(NOT TO EXCEED$50,000) $99,862.40
7
May 22, 2007
Consider approving a contract for the Summer Food Service Program
,...,. City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 10, 2007
REQUESTED ACTION: Council consider a contract for the Summer Food Service
Program.
RECOMMENDATION
Administration recommends awarding a contract to Moncla's, Inc. of Beaumont, Texas, for
furnishing lunches for the Summer Food Service Program sponsored by the Recreation Division in
the amount of$3.14 per lunch served.
BACKGROUND
The program,which is funded by the U.S.Department of Agriculture and administered by the Texas
Department of Human Services,provides free, nutritious, and well balanced meals to any child up
to eighteen(18) years of age. This is the fifteenth year the Recreation Division has participated in
this program.
The 2007 Summer Food Service Program will provide lunches at the following nine(9) locations:
SITE ADDRESS
L.L. Melton Y.M.C.A. 3455 Sarah
Sprott Park 4325 Usan
Roberts Park 2755 Avenue C
Alice Keith Park 4050 Reed
SE TX Family Resource Center 2060 Irving
Magnolia Park 2930 Gulf
Tracewood Apartments 4925 Concord
North Ridge Apartments 4155 Maida
Concord Homes Apartments 2020 Cottonwood
The program will begin June 4,2007 and continue through August 10,2007. Lunches will be served
Monday through Friday excluding the Independence Day holiday on July 4, 2007. The number of
lunches to be served at each location will be determined by the enrollment in summer activities,
although participation is not a requirement to receive a lunch.
Last year,31,297 meals(about 640 meals per day)were delivered by Moncla's Inc. at a cost of$2.59
per lunch for a total of$81,059.23. Lunches were served for forty-nine(49)days last summer at ten
(10) locations. We are using nine (9) sites this year because most of the residents of Magnolia
Gardens have relocated. The children from that site will participate at our other locations. The
number of lunches is an estimate based on participation. Staff expects an increase this year to about
38,220 or 780 meals per day, due to greater participation in the expanded Summer Camp programs
planned for the Sterling Pruitt Activity Center.
Bids were solicited from thirteen(13)food service vendors. Moncla's Inc.was the sole bid at a price
of$3.14 per meal.
BUDGETARY IMPACT
The cost of$2.87 per lunch served will be reimbursed to the City from the Texas Department of
Human Services. The balance of $.27 per lunch will be funded by the Recreation Division's
operating budget. The estimated total cost based on serving an estimated quantity of 38,220 lunches
at $3.14 each is $120,011.
RESOLUTION NO.
WHEREAS, bids were received for a contract to furnish lunches for the Summer
Food Service Program sponsored by the Recreation Division ; and,
WHEREAS, Moncla's, Inc., Beaumont, Texas, submitted a bid for an estimated
quantity of 38,220 lunches served in the amount of $3.14 per lunch for an estimated
expenditure of$120,011; and,
WHEREAS, City Council is of the opinion that the bid submitted by Moncla's, Inc.,
Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Moncla's, Inc., Beaumont,Texas,for the Summer Food Service
Program sponsored by the Recreation Division for an estimated quantity of 38,220 lunches
served in the amount of $3.14 per lunch for an estimated expenditure of $120,011 be
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22"d day of May,
2007.
- Mayor Becky Ames -
8
May 22,2007
Consider approving an ordinance amending the FY 2007 Budget to increase expenditures in the
Water Utilities Fund
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: May 22, 2007
AGENDA MEMO DATE: May 15, 2007
REQUESTED ACTION: Council consider approving an ordinance amending the FY
2007 Budget to increase expenditures in the Water Utilities
Fund by$2,731,705.
RECOMMENDATION
Administration recommends amending the FY 2007 Budget to include$1,231,705 for FY 06 water
projects that are being completed in FY 07 and$1,500,000 to replace Well No.2 in Lumberton. The
detail of this proposal is attached. Approving the proposed amendments will preclude the City from
having expenditures in excess of appropriations in the Water Utilities Fund.
BACKGROUND
In accordance with Article VI of the City Charter, the City Manager shall not authorize or approve
any expenditure unless an appropriation has been made in the budget ordinance adopting the budget,
and there is an available unencumbered balance of the appropriation sufficient to pay the liability to
be incurred. An appropriation is necessary in order to expend funds to complete the referenced
projects.
BUDGETARYIMPACT
The proposed FY 2007 Budget amendment will increase total appropriations by $2,731,705.
Sufficient fund balance is available to cover the increase in appropriations where the fund's revenues
are not able to fully sustain them.
Proposed Budget Amendments FY 07
Water Utilities Fund
Water/Sewer Projects
At the close of fiscal year ended September 30, 2006, Water Utilities had several projects in progress or
scheduled to begin. These projects were included in the FY 06 budget, but were not completed in that year.
Also, they were not re-budgeted in the FY 07 Budget. Funds are now needed to complete the FY 06 projects
and are available as follows:
FY 06 Budgeted Projects Ongoing in FY 07
Project Area Amount
Dishman Road Water and Sewer Line Expansion $ 653,275
Lawson's and Loeb Security Systems 104,210
Sanitary Sewer Rehabilitation 140,200
Towers at the Wells in Lumberton 140,760
North Street Water Line Replacement 126,980
Wall &Avenue C Lift Station 2,030
Manhole Rehabilitation Equipment 64,250
Total Funds Required $1.231.705.00
Well No.2 in Lumberton
Well No. 2 began pumping sand in March, 2007. Shaumberg and Polk, Inc. Investigated the problem and
proposed a solution of drilling a new well on the same site at a projected cost of$1,500,000. Drilling a new
well will maintain the same capacity, retain the water rights, and provide a permanent solution for the
next 50 years. This project was not budgeted in FY 07. To wait and include in the FY 08 Budget creates
a risk because Well No. 1 is the same age as Well No. 2 , and although it may not be producing large
volumes of sand at this time, it is plausible that problems could develop in Well No. 1 also. The loss
of another well would create an emergency situation.
Funds Available from Fund Balance $ 1,500,000
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE BUDGET OF
THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2007 TO
ALLOCATE $2,731,705 FROM THE FUND BALANCE TO
THE WATER UTILITIES FUND; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR REPEAL.
WHEREAS,the Water Utility Department had several projects budgeted for FY2006
which were in progress or scheduled to begin but were not completed and the projected
cost of completion is $1,231,705 These projects were not provided for in the FY2007
budget; and,
WHEREAS, Well No. 2 in Lumberton began pumping sand in March, 2007, and the
proposed solution is the drilling of a new well on the same site at a projected cost of
$1,500,000. This item also was not included in the FY2006 budget; and,
WHEREAS, the FY2007 budget should be amended to appropriate and transfer
from the Fund Balance $1,231,705 to cover the expenditures necessary to complete the
several projects not completed in FY2006 and $1,500,000 for the drilling of a new well at
the site of Well No. 2 in Lumberton;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That the fiscal budget of the City of Beaumont for the period commencing October 1,
2006 - September 30, 2007 be and the same is hereby amended to appropriate and
transfer the sum of$2,731,705 from the Fund Balance to the Water Utility Fund to cover
the expenditures necessary to complete the projects not completed in the FY2006 and for
the drilling of a new well at the site of Well No. 2 in Lumberton.
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 22nd day of
May, 2007.
- Mayor Becky Ames -