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HomeMy WebLinkAboutPACKET AUG 14 2007 V~ City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 14, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Harvey Henry would be appointed to the Keep Beaumont Beautiful Commission. The term would commence August 14, 2007 and expire August 13, 2009. (Councilmember Gethrel"Get" Williams-Wright) Kathryn Walker would be appointed to the Keep Beaumont Beautiful Commission. The term would commence August 14, 2007 and expire August 13, 2009. (Councilmember Gethrel"Get" Williams-Wright) Valerie Linton would be appointed to the Convention and Tourism Advisory Board. The term would commence August 14, 2007 and expire August 13, 2009. (Councilmember Gethrel"Get" Williams-Wright) Christine Gavrelos would be appointed to the Small Business Revolving Loan Fund Board. The term would commence August 14, 2007 and expire August 13, 2009. (Councilmember Gethrel "Get" Williams-Wright) A) Authorize the use of grant funding for a new radio dispatch console and furniture for the 911 Operations Center B) Approve a bid for purchasing portable generators for the Water Utilities Department Q Authorize the City Manager to increase the Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project amount for"extra work" D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Fairfield-Phase II Subdivision E) Approve a change order for the 911 Operations Center Project F) Approve a contract for sandblasting, priming and painting a rail car located at the Beaumont Public Library's Literacy Depot G) Authorize the granting of a License to Encroach to Century Towers, Ltd. for a canopy into the Fannin Street right-of-way H) Authorize the settlement of the claim of Valeria Griffin as Parent and Guardian of a Minor, Tegan Griffin I) Authorize the settlement of the claim of Sheri and Lucinda Hilts as Parents and Guardian of a Minor, Sherri Hilts RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Beginning Expiration Appointment Commission of Term of Term Harvey Henry Keep Beaumont Beautiful Commission 08/14/07 08/13/09 Kathryn Walker Keep Beaumont Beautiful Commission 08/14/07 08/13/09 Christine Gavrelos Small Business Revolving Loan Fund Board 08/14/07 08/13/09 Valerie Linton Convention and Tourism Advisory Board 08/14/07 08/13/09 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - A City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 6, 2007 REQUESTED ACTION: Council consider a resolution authorizing the use of grant funding for a new radio dispatch console and furniture for the 911 Operations Center. RECOMMENDATION Administration recommends that Council authorize the use of grant funds. BACKGROUND The City of Beaumont has been awarded funding through the Assistance to Firefighters Grant Program. This funding will be used to purchase furniture and a radio console setup for 911 dispatch to use for training and backup at the new facility located on the 2' floor of the Municipal Court Building. (1)Personal Computer with Computer Aided Dispatching Software $16,152 (1)Console Position Hardware and Installation $27,797 (1)Console Furniture $15,432 Total $59,381 BUDGETARY IMPACT None. The grant does not require city matching funds. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the use of funding through the Assistance to Firefighters Grant Program #EMW-2005-FG-00908 to purchase furniture and a radio console setup for 911 dispatch for training and backup purposes as shown below: (1) Personal Computer with Computer Aided Dispatching Software $16,152 (1) Console Position Hardware and Installation $27,797 (1) Console Furniture $15,432 Total $59,381 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - B City Council Agenda Item cel . . . K TO: City Council FROM: Kyle Hayes, City Manager Max t S. Du plant, Chief Financial Officer � PREPARED BY: MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 8, 2007 REQUESTED ACTION: Council consider award of a bid for purchasing portable generators for the Water Utilities Department. RECOMMENDATION Administration recommends purchasing two (2) Godwin GHP45KWSC trailer-mounted portable generators from Godwin Pumps of America, Inc., in Bridgeport, New Jersey for $20,795 each resulting in a total purchase price of$41,590. BACKGROUND U D The two(2)45KW trailer-mounted portable generators will be moved to various lift stations in the event of a power failure and used for emergency preparedness. These facilities currently have no permanent emergency power systems for occurrences of power outage. The following six (6) bids were received: VENDOR MODEL UNIT TOTAL PRICE PRICE Godwin Pumps of Am.,Inc.,Bridgeport,NJ Godwin GHP45KWSC $20,795 $41,590 Ingersoll Rand Co.,Houston, TX Ingersol-Rand G60 $21,383 $42,766 Cay Power Products,Houston, TX Himoinsa GEUPW45R $22,580 $45,160 Cay Power Products,Houston,TX Baldor TS45T $23,565 $47,130 A&A Electric Co.,Beaumont,TX Baldor TS45T $27,795 $55,590 Cobra Power Systems,Bridgewater,NJ Cummins 40DGBC $30,650 $61,300 Purchase of two(2)portable generators August 8,2007 Page 2 The Godwin GHP45KWSC generators are powered by John Deere 5030T diesel engines with 110- gallon fuel tanks. The new generators will be delivered within sixty (60) days of the order. The manufacturer's warranty is for one (1)year and unlimited hours of use or two (2)years limited to 2,000 hours of use. Warranty service will be provided by a Godwin Pumps distributor in Houston, Texas. State reciprocity statutes fail to alter the bid standings. BUDGETARY IMPACT Funds for this expenditure are available in the Water Utilities Fund. RESOLUTION NO. WHEREAS, bids were received for the purchase of two (2) portable generators for use by the Water Utilities Department; and, WHEREAS, Godwin Pumps of America, Inc., Bridgeport, New Jersey, submitted a bid for two (2) Godwin GHP45KWSC trailer-mounted portable generators in the amount of $20,795 each for a total purchase price of$41,590; and, WHEREAS, City Council is of the opinion that the bid submitted by Godwin Pumps of America, Inc., should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Godwin Pumps of America, Inc., Bridgeport, New Jersey, for two (2) Godwin GHP45KWSC trailer-mounted portable generators in the amount of $20,795 each, for a total purchase price of$41,590, be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - c City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 8, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project amount for "extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project amount by $19,192.68. The proposed changes to the contract will provide for 1) Removal of existing force main as required for the installation of the proposed 27' sanitary sewer; 2) Additional 10 L.F. of 16" force main and an"oversized sleeve" to connect to the existing non-standard cast iron force main; 3) Installation of a one inch (i") water service line, including RPZ backflow preventor;4)Rerouting of proposed 10" sanitary sewer due to underground obstructions encountered including furnishing and installing two(2)additional sanitary sewer manholes, additional 8 L.F. of 10" gravity sewer, additional structural backfill for the 10" gravity sanitary sewer,by-pass pumping of the existing 10"and new 27"sanitary sewer lines,manhole demolition and flowable fill for the abandonment of the existing 10" sanitary sewer line, and remobilization/demobilization; and 5) Delete the allowance for electrical service installation. The Change Order will also adjust the contract time due to inclement weather and additional work days. The additional days increases the total contract time to 230 calendar days. The proposed extra work will represent an increase of 3.55% of the original contract amount. The total change orders represent a 10.57% decrease of the original contract amount. BACKGROUND The Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project will convert the existing dry pit into a submersible wet well,demolish the existing wet well,construct new reinforced concrete walls and slab, remove and replace the existing pumps, remove and replace Page 2 Florida Street Lift Station Project necessary piping to make the new lift station operable,install a new control building with all related appurtenances,install radio communication antenna, and construct a new driveway and parking area. Previous actions include: Resolution 06-048 in the amount of$540,904.14 was passed by City Council on February 7, 2006. Resolution 06-065 in the amount of$76,340.19 in savings was passed by City Council on February 21, 2006. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two 2 DATE: July 3,2007 PROJECT: City of Beaumont,Texas Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Placo,LTD. P.O.Box 8120 Lumberton,Texas 77657-0120 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To provide for 1)Removal of existing force main as required for the installation of the proposed 27" sanitary sewer;2)Additional 10 L.F.of 16"force main and an"oversized sleeve"to connect to the existing non-standard cast iron force main; 3) Installation of a one inch(I") water service line, including RPZ backflow preventor; 4) Rerouting of proposed 10"sanitary sewer due to underground obstructions encountered including furnishing and installing two(2)additional sanitary sewer manholes,additional 8 L.F.of 10"gravity sewer,additional structural backfill for the 10"gravity sanitary sewer, by-pass pumping of the existing 10" and new 27" sanitary sewer lines, manhole demolition and flowable fill for the abandonment of the existing 10" sanitary sewer line, and remobilization/demobilization; and, 5) Delete the allowance for electrical service installation. The Change Order will also adjust the contract time due to inclement weather and additional work days. ORIGINAL CONTRACT AMOUNT: $ 540.904.14 AMOUNT OF CHANGE ORDER No.1 $ (76,340.19) REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED CHANGE ORDER No.1 $ 464,563.95 THIS CHANGE ORDER Descri ti?ion: Net Change Removal of existing force main and by-pass pumping $ 10,165.00 Additional 16"C-905 PVC force main,add 10 L.F.at 8'deep @$217.41/L.F. $ 2,174.10 Furnish and install one (1) oversized sleeve for 16" proposed force main to $ 1,200.00 existing force main connection Furnish and install one inch(I")water line and one inch(1")Reduced Pressure $ 1,513.40 Zone backflow prevcntor Furnish and install two(2)additional sanitary sewer manholes at 11.5'deep,add $ 11,734.62 2 @$5,867.31 each Provide additional trench safety and structural backfill for two(2)sanitary sewer $ 7,871.00 manholes and 39 L.F.of 10"PVC sanitary sewer at 11.5'deep Additional 10" SDR-26 PVC sanitary sewer, 11.5 deep, add 8 L.F. @ $ 1,734.56 $216.82/L.F. By-pass pumping of existing 10"sanitary sewer $ 3,600.00 By-pass pumping of new 27"sanitary sewer $ 2,860.00 Demolish one(1)sanitary sewer manhole and provide flowable fill for 40 L.F.of $ 2,840.00 existing 10"sanitary sewer to be abandoned Remobilization/demobilization $ 3,500.00 Delete allowance for electrical service installation $ (30,000.00) TOTAL AMOUNT OF THIS CHANGE ORDER: $ 19.192.68 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 483,756.63 ('ils of 8ceununv.i—s Change Order No.1—,(2) I 1 da Street Lik St"hoo Rchuhilitution Pugs 2 (CONIRAC"I'HINI16 (triginal Contract I into: 180 days Addilonul finu•: Rnin�,ccl loss raptesl0d 53 days Additional-,k days—Iucstcd I lurch approval 5 days F'i'ling lixcc main rcntovol 2 days Addilional li1rcc"'all'"I 11ccIc installulioo 2 da,s WV llcr scrcice and Reducc Pressure Zone installation 3 da)s Rciocatian ill P1011.In"sunitall 10111 5 days Inclensnt weather clays included in Contract (20)days I olal Additional Dac.a 50loss R"i—I Contract 1 imc 230 dass CONDITIOiN OF CHANGE: "C ootrnctor eckn- dg,s and agrees that 1110 udjusunents in contract prim and contract time stipulated in this Change(hder "I""enls li ll compensation lol all increases and decleases in the cost of and the time required to perform the entire work under the Cootucl arising dlreclly or indirectly from dtis Change Order and all previous Change Orders. Aceeptnncc of this wuher constitutes un agreement hct—en Owme1 and Contractor that the Change Order represents an all inclusive.mutually agreed upon adjustment to the Contract.and that Contractor will hive all rigllls to Illc a claim on this Change Order idler it is prop"lc csccutcd." Itc- 1-dcd I,, App o, ,I by: Accepted hc: 0, i �,.chi alt g;@P,A.I,- Ci lr oI Bt,miuont Pln LI(� Iinginccr C Owner Conlraetoi Unlc: 7-3'0"7 Datc: _ Datc: RESOLUTION NO. WHEREAS, on February 7, 2006, the City Council of the City of Beaumont, Texas, passed Resolution 06-048, awarding a contract to Placo, LTD. in the amount of $540,904.14 for the Sanitary Sewer Improvements Rehabilitation of the Florida Street Lift Station Project; and, WHEREAS, Change Order No. 1 in the amount of $76,340.19 was required to adjust the scope of the work performed by the contractor thereby decreasing the contract amount to $464,563.95; and, WHEREAS, Change Order No. 2 in the amount of $19,192.68 thereby increasing the contract amount to$483,756.63 is required to provide for 1) Removal of existing force main as required for the installation of the proposed 27" sanitary sewer; 2) Additional 10 L.F. of 16" force main and an "oversized sleeve" to connect to the existing non-standard cast iron force main; 3) Installation of a one inch (1") water service line, including RPZ backflow preventor; 4) Rerouting of proposed 10" sanitary sewer due to underground obstructions encountered including furnishing and installing two (2) additional sanitary sewer manholes, additional 8 L.F. of 10"gravity sewer, additional structural backfill for the 10"gravity sanitary sewer, by-pass pumping of the existing 10"and new 27"sanitary sewer lines, manhole demolition and flowable fill for the abandonment of the existing 10"sanitary sewer line, and remobilization/demobilization; and 5) Delete the allowance for electrical service installation. The Change Order will also adjust the contract time due to inclement weather and additional work days. The additional days increases the total contract time to 230 calendar days. 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. 2 in the amount of $19,192.68 thereby increasing the contract amount to $483,756.63. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - D City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom A. Warner, Director of Public Works MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 1, 2007 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Fairfield -Phase II Subdivision. RECOMMENDATION Administration recommends approval of the following: • Westfield Avenue from 145 feet east of Grayson Lane approximately 290 feet east to the 3-OM-4P end of roadway markers. • Canyon Lane from proposed Westfield Avenue approximately 730 feet north to and including the cul-de sac and approximately 725 feet south to and including the cul-de- sac. Also, recommended for approval are the water and sanitary improvements for Lots 23-44, Block 1 and Lots 23-44, Block 2. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on July 24, 2007. BUDGETARY IMPACT None. FairBeldPMcgwpd RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanita ry sewer improvements constructed in the Fairfield- Phase II Subdivision, have been completed as follows: Street, Storm Sewer, O Westfield Avenue from 145 feet east of Grayson Lane approximately 290 feet east to the 3-OM-4P end of roadway markers. O Canyon Lane from proposed Westfield Avenue approximately 730 feet north to and including the cul-de sac and approximately 725 feet south to and including the cul-de-sac. Water and Sanitary Sewer Improvements Lots 23-44, Block 1 and Lots 23-44, Block 2. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department have determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street, storm sewer, water and sanitary sewer improvements in the Fairfield - Phase II Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - E C!..u2iiijol City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, of Public Works MEETING DATE: August 14, 2007 AGENDA MEMO DATE: July 27, 2007 REQUESTED ACTION: Council approval of a Change Order for the Consolidated Dispatch and Emergency Operations Center, now known as 911 Operations Center. RECOMMENDATION Approval of Change Order No.2 for the 911 Operations Center in the amount of$24,321.00 to N&T Construction Company. BACKGROUND On April 3,2007 Council awarded the construction contract for the 911 Operations Center to N&T Construction Company, Beaumont, Texas, in the amount of $2,426,320. This award included Change Order No. 1 for a deduction of$7,680 from the original bid amount of$2,434,000 due to a discount offered by the elevator subcontractor. The subcontractor is the City's contracted elevator maintenance provider and a volume discount was provided due to the number of elevators already in service with the subcontractor. Change Order No. 2 provides for the partial removal of existing suspended ceiling, replacing a deteriorated partition, adding furdown for required duct space, adding gyp board to some areas, changing window framing at the reception counter from pressed steel to aluminum, replacing existing gyp board ceiling at the Lobby to permit passage of ductwork,and adding wooden furdowns at some windows. The total of these changes is $24,321 and will be deducted from the $71,000 Contingency Allowance in the construction contract. This will leave a Contingency balance of$46,679. Because this is being taken from the Contingency Allowance,the amount of the original construction award will not change. The date of Substantial Completion still remains February 24, 2008. 911 Operations Center/Change Order No. 2 July 27, 2007 Page 2 A copy of Change Order No. 2 is attached for your review. BUDGETARYIMPACT As this will be deducted from the Contingency Allowance,there will be no change to the budget for this project. CONSOLIDATED DISPATMEOC 2ND FLOOR, MUNICIPAL COURTS BUILDING BEAUMONT, TEXAS July 20, 2007 CHANGE ORDER No. You are directed to make the following changes to the Contract_for construction of this project. The cost for these changes will be deducted from the included CONTINGENCY ALLOWANCE, thereby producing NO CHANGE to the original Contract Sum, 1. Remove existing suspended M/L and Plaster ceiling over Corridor#239, and Rooms#208, 209, 211, 213, & 216 (N&T ltr 7/2/07). $ 12,370.00 The following, 2 thru 14, are based on N&T letter 7/19/07. 2. Replace deteriorated partition 236/237 (Item#1) 550.00 3. Add to fur down in Room#226 to provide 8'-0" AFF for required duct space(Item#2) 350.00 4. Add layer of gyp board to room#214 walls(Item#3) 575.00 5. Close wall opening in Room#206 with gyp board on fiuring (Item#4) 800.00 6. Add gyp board to Corridor walls adjacent to Rooms#236 to 245 to obtain proper thickness(Item#5) 850.00 7. Add gyp board to East wall Room#213 (Item#6) 115.00 8. Change window framing at Reception counter from pressed steel to aluminum(Item#7) 225.00 9. Provide new dry wall finish over South wall of Rooms #236&237 (Item#8) 1,050.00 10. Add furring to South wall of Kitchen#233 for pipe chase(Item#9) 550.00 11. Laminate gyp board to surfaces of 21 columns to provide a finish surface (Item#10) 2,961.00 12. Laminate one layer of gyp board to West wall of Room#216 to cover damaged plaster(Item#11) 350.00 13. Replace existing gyp board ceiling at Lobby#201, to permit passage of ductwork(Item#12) 2,600.00 14. Add wood fur down at windows of Rooms#213, 218, 219, 232, and 233 (Item#13) 975.00 24,321.00 CONTINGENCY ALLOWANCE = $ 71,000.00 CHANGE ORDER No. 1 =( 24.321.00) CONTINGENCY BAL REMAINING =$46,679.00 Milton Bell Associates, Inc. o" y ' � s� 2 2 a 6 G Milton Bell, AIA F �J ' CHANGE MILTON BELL ASSOCIATES, Inc. ORDER 595 Orleans, Suite 711 Distribution to: Beaumont, Texas 77701 Owner [XI contractor [XI Tel: 409/838-5378 Fax: 409/838-5017 Architect [XI Field a Consultants p Other 0 PROJECT: CONSOLIDATED DISPATCH/EOC FIELD ORDER NO: ONE(1) (Name,Address) MUNICIPAL COURTS BUILDING BEAUMONT,TEXAS 77701 U rHATION DATE: 20 JULY 2007 TO(Contractor): N&T CONSTRUCTION ARCHITECT'S PROD NO: 0501 1376 LAUREL AVE. BEAUMONT,TEXAS 77701 CONTRACT FOR: GENERAL CONSTRUCTION CONTRACT DATE: APRIL 6,2007 You are directed to make the following changes in this Contract: SEE ATTACHED page 1 of 1. Noted Change Order# dated 20 July 2007 �• D o e � 2 a 6 41 ` '4�• O �4+P Not Valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith,including any adjustment in the Contract Sum'or Contract Tune. The original (Contract Sum)( ) was.........................................$2,426 320.00 Net change by previously authorized Change Orders.......................................................$ -0- The (Contract Sum)( ) prior to this Change Order was.....................$2,426,320.00 The (Contract Sum)( ) will be (4wease4)( )(unchanged) bythis Change Order................................................................................................$ -0- The new (Contract Sum)(G d MeWEMM ) including this Change Order will be......$2,426,320.00 The Contract Time will be(eased)(decreased)(unchanged) by (,)Days The Date of Substantial Completion as of the date of this Change Order therefore is FEBRUARY 24,2008 Authorized: Milton Bell Associates, Inc N&T Construction The City of Beaumont CONTRACTOR OWNER 595 Orleans, Suite 711 1376 Laurel Avenue P.O. Box 3827 Address Address Beaumont, TX 77701 Beaumont TX 77701 Beaumont, TX 77704 r-- BY UJ BY BY DATE 20 Julv 2007 DA , Z3 O DATE Lai Construction Co., Inc. GENE8A[ CONTRACTONS July 19, 2007 Mr. Milton Bell, AIA Milton Bell Associates, Inc. 595 Orleans, Suite 711 Beaumont, Texas 77701 Re: Consolidated Dispatch & Emergency Operations Center Beaumont, Texas Dear Mr. Bell: Following is a list of miscellaneous changes that have occurred since demolition: 1. Demo deteriorated wall separating rooms 23 6/237 and build new wall, Add $550.00 2. Drop 9' furrdowns at Room 226 to 8' to accommodate ductwork, Add $350.00 3. Laminate one layer of sheetrock to Room 214 to provide a smooth finish, Add $575.00 4. At Custodial 206 furr out walls to cover existing openings, Add $800.00 5. Add layers of sheetrock at corridor walls of Rooms 236-245 to achieve a 4 7/8"wall, Add $850.00 6. Add layer of sheetrock to east wall of Room 213 where door 14 is located to cover imperfections in wall, Add $115.00 7. Delete hollow metal window at reception desk and use aluminum in lieu of, Add $225.00 8. Provide new drywall finishes on south wall of Rooms 236 &237,Add $1,050.00 9. At Kitchen 233,furr out south wall for access, Add $550.00 10. Add layer of sheetrock at 21 ea. columns to receive new finish, Add $2,961.00 11. Add a layer of sheetrock to the west wall of Room 216 to cover the damaged plaster, Add $350.00 12. Remove existing 9' sheetrock ceiling at Lobby 201 and re-install new sheetrock ceiling, Add $2,600.00 +6 13. Add 1X8 wood furrdown per our approved sketch at Rooms 280 9, 232, 233, $975.00 At your earliest convenience, please incorporate in our contract by issuance of a change order. If you have any questions with the above changes, please call Tha you r r (Cha 'e Jabbia File: 1261-2 1376 Laurel • P.O.Box 269 • Beaumont,Texas 77704 ofrce 409.813.8592 • fax 409.813.8597 • www.nandtconstruction.com Construction Co., Inc. GENERAL CONTRACTORS July 2, 2007 Mr. Milton Bell, AIA Milton Bell Associates, Inc. 595 Orleans, Suite 711 Beaumont, Texas 77701 Re: Consolidated Dispatch & Emergency Operations Center Beaumont, Texas Dear Mr. Bell: The plaster demolition has been completed and its scope was more extensive than what the drawings presented. Not only was the square foot of plaster greater than allowed for but we also had a large amount of existing sheetmetal ductwork to remove. Mechanical Note 7 on drawing M1 states"existing plaster ceiling at 11'-7", remove as necessary". What we anticipated, as well as Galewsky and Johnston, was needing to only remove the plaster ceilings at the VAV boxes to facilitate hanging these units and the ductwork could then be run below the 11'-7" plaster ceiling. For this work we allowed in our bid a 5'x 5'area of plaster to be removed at each VAV box for a quantity of 20 ea. and 500 square feet. We allowed $8,000 for this work. What we actually encountered at corridor 239 and rooms 208, 209, 211, 213 and 216 were plaster ceilings at 10'. At corridor 239 the depth of the ductwork required the entire corridor plaster ceiling to be removed and at the above mentioned rooms the entire 10' plaster ceiling had to be removed to allow for the new 10' ceiling. The actual cost for the entire plaster./ductwork demolition performed on a time and material account was$20,370.00 with a total square footage of 3,479. We are requesting a change order for this work per the following cost breakdown: • C&C Demo Inc. (see enclosed invoice) $20,370.00 • Less N&T's Bid - 8,000.00 • Total $12,370.00 Note: The subcontractors did not include plaster demo in their bids (see enclosed). ThaA you. 7 /' ),0 '-C-Ilarlle Jabbia File: 1261-2 1376 Laurel • P.O. Box 269 • Beaumont,Texas 77704 office 409.813.8592 • far 409.813.8597 • www.nandtconstruction.com RESOLUTION NO. WHEREAS, bids were received for a contract for the construction of the Consolidated Dispatch and Emergency Operations Center; and, WHEREAS, N&T Construction Company, Beaumont, Texas, submitted a bid in the amount of$2,434,000; and, WHEREAS, Change Order No. 1 resulted in a deduction of$7,680 due to a discount offered by the elevator contract, thereby decreasing the contract amount to $2,426,320; and, WHEREAS, Change Order No. 2 in the amount of $24,321 is required to remove the partial existing suspended ceiling, replace a deteriorated partition, add furdown for required duct space, add gyp board to some areas, change window framing at the reception counter from pressed steel to aluminum, replace existing gyp board ceiling at the Lobby to permit passage of ductwork, and add wooden furdowns at some windows. 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. 2 in the amount of $24,321. The $24,321 will be subtracted from the Contingency Allowance in the construction contract in the amount of$71,000 thereby leaving a balance of$46,679. The contract amount will remain $2,426,320. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - I'"U79.1W. Jr, City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 14, 2007 AGENDA MEMO DATE: July 20, 2007 REQUESTED ACTION: Council approval of a contract for sandblasting, priming and painting a rail car located at the Beaumont Public Library's Literacy Depot RECOMMENDATION Administration recommends the award of a bid to Cypress Bayou Industrial Painting of Orange, Texas in the amount of$31,018. BACKGROUND Bids were requested for furnishing all labor, materials, supplies and equipment for sandblasting, priming and painting the rail car. Kansas City Southern Railroad donated the rail car in 2005 to the Beaumont Public Library. Rails were constructed for the car and it was placed at the Beaumont Public Library Literacy Depot located at1205 Franklin. The Meadows Foundation, the Dishman Foundation and the McFaddin Ward Heritage Foundation donated funds to renovate the rail car into a classroom. Renovation of the rail car involves building a deck and ramp,replacing doors,installing interior walls and floors,installing electrical service for air conditioning and lighting and painting the exterior. This bid includes sandblasting the rail car's exterior to remove and dispose of all rust and lead based paint. After the paint and rust are removed, a primer will be applied prior to painting. Five vendors were notified of the bid with only one responding. Cypress Bayou Industrial Painting submitted a bid in the amount of$31,018. Work is expected to commence in mid August and be completed in eleven (11) days. BUDGETARY MIPACT This expenditure will be funded from donations and grants that have been designated for this project. RESOLUTION NO. WHEREAS, bids were received for a contract for sandblasting, priming and painting a rail car located at the Beaumont Public Library Literacy Depot, 1205 Franklin; and, WHEREAS, Cypress Bayou Industrial Painting, Orange, Texas, submitted a bid in the amount of $31,018; and, WHEREAS, City Council is of the opinion that the bid submitted by Cypress Bayou Industrial Painting, Orange, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Cypress Bayou Industrial Painting, Orange, Texas, for a contract for sandblasting, priming and painting a rail car located at the Beaumont Public Library Literacy Depot, 1205 Franklin in the amount of$31,018 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - G VO%W .G! I City Council Agenda Item NL TO: City Council FROM: Kyle Hayes, City Manager try PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 1, 2007 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to Century Towers, Ltd. for a canopy into Fannin Street right-of-way. RECOMMENDATION Administration recommends authorization to execute the License to Encroach. BACKGROUND Century Towers, Ltd., through their agent,National Signs, Ltd.,has submitted an application for a License to Encroach for a canopy at the entrance of the Century Tower into Fannin Street right-of- way. The canopy extends thirteen (13) feet for a width of eighteen (18) feet into Fannin Street's 61.11 foot right-of-way. (550 Fannin Street). The License to Encroach protects the City from liability and provides a thirty(30)day cancellation clause. BUDGETARY IMPACT There is a one time fee of$500 for the License to Encroach. engcanopy-ib.wpd 1 August 2007 SPECIFICATIONS FABRICATE AND INSTAU ONE(1)CANOPY z O A EXISTING CONCRETE COLUMNS , National Signs 7 8 ALUMINUM PERIMETER FACE WITH i'HIGH X 1'DEEP REVEALS FINISH:MAP SILVER C COPY:ROUTED INTO FACE AND BACIU:D WUH W THICK CLEAR ACRYLIC a 'h'TO PUSH THRU FACE—2nd SURFACE VINYL DIFFUSER APPUED It d 1NIT/1 3M HP BLACK VINYL APPLIED WITH 1/16'INSET INTERNALLY ILLUMINATED BY DHO LAMPS PROJECT- CENTURYIOWER D SUPPORTS:1'DW STEEL RODS WITH TURNBUCKLE TENSIONING SYSTEM RODS ATTACH TO HEAVY DUD'EYE BOLTS TIED INTO SIGN FRAME / N FANNIN AND EXISTING BUILDING STRUCTURE LOCATION: BEA INIOUN S / \\\1! Cltt/STATE: BEAUMOUNT,TX N THREE 1 d'LONG FLAGPOLES �' 13-U SALES REP: OP - \ / DATE 11.29.11.29.06(ORIGINAL=e.21.200d)� STEEL SUB FRAME \ / I DRAWN BY: O.U.N. •MORE DETARS ON fOUOW1NG PAGES "`„/// Baia,_ DRAWINGN: N50610062 TORIGWAI=Tear _z--• SCALE NOTED 60 degrees x �o APPROVAL e D N 7 0 �� - C N'f U R Y T 4W E R FAN;HIN - _ _ = SIGNED: C `- DATE: rawwarwF wmnnwc j a? C " 12" SALES REP '' '• - SIGNED: DATE: 10' ° r'SE.......-.. 8" 2'-4• * LANDLORD APPROVAL tII 4 ,i SEAN *, '\ x SIGNED: l .�;K y.... ..... ... ...........y� A DATE: � `fit•e. < - - j �TTSS:ii�:�Et� • T Pay careful aAenti6n to an l.xl bones Ni1h light grey shaded backgr6urds. Sheet-of6 GRADE ME#07-9525 These text boxes contain knpoTlarll englneerir�g inlormBBown =REVISE —i 6f29/2007 LAYOUT TheelecBkSea!aye°.aongm#I itd=rrWwe,zutri WbySeznKlkFadane.PEonA".211.?0F. LAYOUT COPY,KERNING DDRESS i CANOPY LAYOUT—END VIEW Page SCALE: 318 "=9'-0" i 3 �k B 4 FABRICATE AND INSTALL ONE(9)CANOPY National Signs A ALUMINUM U CONCREIE COLUMNS ; " 8'-�" � 8 ALUMB4UM PERIMETER FACE WITH 1•HIGH X 1'DEEP REVEALS 7 FINISH!MAP SILVER C COPY:ROUTED INTO FACE AND BACKED WNW THICK CIEM ACRYLIC 1 AX 71',663 7555 1 713 5,i CM01' Y•TO PUSH THRU FACE-2r d SURFACE VINYL DIFFUSER APPLIED I. , WITH 3M HP BLACK VINYL APPLIED WAIN 1116•INSET INTERNALLY ILLUMINATED BY DRO LAMPS 1 D SUPPORTS:1•TaASTEFL RODS WOW RQNBUCKLF TENSIONING System PROJECT: CENTURY TOWER P RODS ATTACH TO HEAVY DUTY EYE BOLTS TIED INTO SIGN FRAME 3 j N LOCATION: 550 FANNIN AND EASING BUILDING STRUCTURE 11GGss 1 LONGFLAGPOLES i I CITYlSTATE: BEAUMOUNT,IX N THREE T4' •STEELSUAFRAME I SALES REP: JIM FULOP •MORE DETAILS ON FOU.OWWG PAGES 1 I DATE : 11.29.06(ORIGWAL=6.24,20041 DRAWN 6Y: O.U.N. AN ACCURATE FIELD SURVEY 1 DRAWING#: N$0610062(ORIGINAL-7891( # •• •• I F•I/ I " SCALE NOTED a"""uebrmnuF"� CHENT ELECTRICAL LOAD: _ I APPROVAI v ELECTRICAL REQUIREMENT • r—A y D = co ETURY ' QER B n SIGNED: DATE: � m I ~ I C SALES •III H L' SIGNED: �wq t - .OF � DATE: y% ++ 18'- � LANDLORD APPROVAL sheet 2 of 6 SIGNED: Pay areM a8enlbn to atl text boxes xroA light grey shaded backgTOUMs. ME 407 DATE: +4�rFa!CENSE�G'�^/ I Tnese tell bons arltain im 3ltant a 61292007 p engineering mhmnatlon. T1TA61pp�E�„ Tne ekctani seal xpea"on MGdaarneltwas autaW by Sean M McFarland,PE a.InR 78,2061. p I I • o GRADE 0 _ Ell- ISE LAYOUT JUN 2 8 ZDD7 ISE LAYOUT ISE COPY KERNINISE ADDRESS CANOPY LAYOUT_FRONT VIEW page Of SCALE: 318"=V-0" I' V 1; V COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: A canopy at the entrance of the Century Tower on Fannin Street,extending 13 feet for a width of 18 feet into the Fannin Street right-of-way [550 Fannin]. DATE OF DISTRIBUTION: July 13, 2007 DUE: July 23,2007 1) Joris P. Colbert, City Engineer Date Received: 7-27-07 Acceptance and Approval. (Verbal) 2) Jim Terry, Streets & Drainage Superintendent Date Received: 7-17-07 Acceptance and Approval. 3) Jack Maddox, Fire Marshall Date Received: 7-16-07 Acceptance and Approval. 4) Hani Tohme, Water Utilities Date Received: 7-19-07 Acceptance and Approval. 5) Stephen Richardson, Planning Manager Date Received: 7-13-07 Acceptance and Approval. 6) David Redmon, Transportation Date Received: 8-1-07 Acceptance and Approval. 7) Richard Le Blanc, D.D.#6 [Doug Canant] Date Received: 7-17-07 Acceptance and Approval. 8) Tyrone Cooper, Legal Department Date Received: 6-28-07 Acceptance and Approval. If existing. [Yes] comments_summaty_canopy-sign RESOLUTION NO. WHEREAS, Century Towers, Ltd. has requested that the City of Beaumont grant a License to Encroach for a canopy at the entrance of the Century Tower located at 550 Fannin Street into the Fannin Street 61.11 foot right-of-way for a distance of thirteen (13) feet and a width of eighteen (18)feet, as shown in Exhibits"A"and "B"attached hereto and made a part hereof for all purposes; WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachments upon the City and utilities serving the same; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 a License to Encroach to Century Towers, Ltd., regarding the encroachment for a canopy at the entrance of the Century Tower located at 550 Fannin Street into the Fannin Street 61.11 foot right-of-way for a distance of thirteen (13) feet and a width of eighteen (18) feet, as shown in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - H City of Beaumont Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 7, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Valeria Griffin as Parent and Guardian of a Minor,Tegan Griffin. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Valeria Griffin as Parent and Guardian of a Minor, Tegan Griffin. BACKGROUND Council discussed this claim in an Executive Session held on July 24, 2007. BUDGETARYIMPACT There are sufficient funds in the General Liability Fund to pay a settlement amount of$7,500. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS, the claim of Valeria Griffin as Parent and Guardian of a Minor, Tegan Griffin, has been discussed in an Executive Session properly called and held Tuesday,July 24, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Valeria Griffin as Parent and Guardian of a Minor, Tegan Griffin, in the amount of Seven-Thousand ($7,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - City of Beaumont M : EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attome� MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 7, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Sheri and Lucinda Hilts as Parents and Guardian of a Minor,Sherri Hilts. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Sheri and Lucinda Hilts as Parents and Guardian of a Minor, Sherri Hilts. BACKGROUND Council discussed this claim in an Executive Session held on July 24, 2007. BUDGETARYIMPACT There are sufficient funds in the General Liability Fund to pay a settlement amount of$5,000. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS, the claim of Sheri and Lucinda Hilts as Parents and Guardian of a Minor, Sherri Hilts, has been discussed in an Executive Session properly called and held Tuesday, July 24, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Sheri and Lucinda Hilts as Parents and Guardian of a Minor, Sherri Hilts, in the amount of Five- Thousand ($5,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - 179J�J] LA IL REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 14, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 14, 6-10 /Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Receive the proposed FY 2008 Budget and schedule a public hearing 2. Receive the proposed 2008 Capital Program and schedule a public hearing 3. Consider establishing and taking a record vote on the proposed 2007 tax rate and schedule public hearings 4. Consider approving an agreement with Sandersen Knox&Belt, LLP for auditing services related to the 2007 fiscal year 5. Consider approving a request for a specific use permit to allow a residential care facility for adult offenders in an RCR(Residential Conservation and R e vitahzation) District at 2346 McFaddin 6. Consider approving a contract for the purchase of water treatment chemicals for use in the Water Utilities Department 7. Consider approving a contract for electrical services for City facilities 8. Consider approving the purchase of precast concrete box culverts for the Hayes Gully Drainage Improvement Project 9. Consider amending Section 26-24 of the Code of Ordinances establishing time limits and zone boundaries for school speed zones on Corley Street and Westgate Drive 10. Consider authorizing the City Manager to execute an Interlocal Agreement with Drainage District No. 6 for the Calder Street Project 11. PUBLIC HEARING: Receive comments relating to a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds Consider authorizing the City Manager to execute a contact with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 August 14,2007 Receive the proposed FY 2008 Budget and schedule a public hearing 11-4 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Finance Officer no MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 8, 2007 REQUESTED ACTION: Council to receive the proposed FY 2008 Budget and schedule a public hearing. RECOMMENDATION Administration recommends Council schedule a public hearing on September 4, 2007 at 1:30 p.m. in the Council Chambers related to the proposed FY 2008 Budget. BACKGROUND Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the proposed budget and authorize the City Clerk to publish the notice of the public hearing. BUDGETARY IMPACT The detail budget information for all funds will be reviewed with Council at a work session on August 28, 2007. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposed FY 2008 Budget for the City of Beaumont be and it is hereby received. BE IT FURTHER RESOLVED that a public hearing to consider the proposed FY 2008 Budget for the City of Beaumont shall be held September 4, 2007 at 1:30 p.m. in the City Council Chambers, located at 801 Main Street, Beaumont, Texas. All appropriate notices of this public hearing are to be given as required by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - 2 August 14,2007 Receive the proposed 2008 Capital Program and schedule a public hearing �� 79ij City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 8, 2007 REQUESTED ACTION: Council to receive the proposed 2008 Capital Program and schedule a public hearing. RECOMMENDATION Administration recommends Council schedule a public hearing on September 4, 2007 at 1:30 p.m. in the Council Chambers related to the proposed 2008 Capital Program. BACKGROUND The proposed 2008 Capital Program was originally submitted to Council on May 11, 2007. Revisions have been made to the original proposed document and are attached for your review. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the proposed Capital Program and authorize the City Clerk to publish the notice of the public hearing. BUDGETARY IMPACT The financial impact of the Capital Program will be reviewed with Council at a work session on August 28, 2007. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the proposed FY 2008 Capital Program for the City of Beaumont be and it is hereby received. BE IT FURTHER RESOLVED that a public hearing to consider the proposed FY 2008 Capital Program for the City of Beaumont shall be held September 4, 2007 at 1:30 p.m. in the City Council Chambers, located at 801 Main Street, Beaumont, Texas. All appropriate notices of this public hearing are to be given as required by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - 3 August 14, 2007 Consider establishing and taking a record vote on the proposed 2007 tax rate and schedule public hearings City Council Agenda Item � OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Office MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 8, 2007 REQUESTED ACTION: Council consider establishing and taking a record vote on the proposed 2007 tax rate and schedule public hearings. RECOMMENDATION Administration recommends Council establish a tax rate required to support the City Manager's proposed budget. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the lower of the rollback rate of$0.619208 or the effective tax rate of$0.585200,the City Council must take a record vote to place the proposal to adopt the rate on the agenda of a future meeting. The proposed tax rate of$0.654,which includes a rate decrease of one half of one cent, exceeds the roll back rate of$0.619208 by$0.034792 and exceeds the effective tax rate of$0.585200 by $0.0688. If the motion passes, two public hearings must be scheduled. It is recommended that the public hearings be held on August 28, 2007 and September 4, 2007 at 1:30 p.m. in the Council Chambers. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate. According to Senate Bill 18, governing bodies are required to hold two public hearings when the proposed tax rate exceeds the lower of the rollback rate or the effective rate. BUDGETARY IMPACT The detail budget information for all funds, including proposed property tax revenues, will be submitted to Council on August 14, 2007. RESOLUTION NO. WHEREAS, the City Manager's proposed budget includes a tax rate which effectively increases the total tax revenues from properties on the tax roll in the preceding year; and WHEREAS, City Council must vote to consider the tax increase required to support the City Manager's proposed budget; and WHEREAS, it is necessary to conduct two (2) public hearings on the proposed tax rate where the proposed rate exceeds the lower of the roll-back rate or the effective tax rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council for the City of Beaumont will consider at a future meeting the proposed tax rate which will effectively increase the total tax revenues from properties on the tax roll in the preceding year. BE IT FURTHER RESOLVED THAT the proposed tax rate of$0.654 necessary to support the City Manager's budget is hereby scheduled for consideration at two (2) public hearings to be held on August 28, 2007, and September 4, 2007, at 1:30 p.m. in the City Council Chambers located at 801 Main Street, Beaumont, Texas. All appropriate notices of these public hearings are to be given as required by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - 4 August 14, 2007 Consider approving an agreement with Sandersen Knox&Belt, LLP for auditing services related to the 2007 fiscal year UDCity Council Agenda Item .Ml c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer 0 MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 6, 2007 REQUESTED ACTION: Council consider approval of an agreement with Sandersen Knox& Belt, LLP for auditing services related to the 2007 fiscal year. RECOMMENDATION Administration recommends approving an agreement with Sandersen Knox & Belt, LLP of Sugar Land for auditing services related to the 2007 fiscal year. This contract may be extended on a year to year basis,for a period not to exceed three(3)additional years,upon mutual consent of both parties. The Beaumont City Charter states"no auditor or firm of auditors shall serve as auditor for the City of Beaumont for more than four (4) consecutive years." This will be the first year that Sandersen Knox and Belt,LLP will serve as auditor, and therefore,they will be eligible to serve for the fiscal years of 2008, 2009 and 2010 as well. BACKGROUND Interim work is scheduled to begin approximately August 20, 2007 and the audit reports are scheduled to be completed by January 22, 2008. Sandersen Knox & Belt LLP has negotiated an agreement to subcontract 33%ofthe work to Gayle Botley&Associates of Port Arthur,a minority firm. The audit contract is attached for your review. BUDGETARY IMPACT The contract amount including expenses will not be greater than$83,850.Funds will be available in the FY08 budget for this expenditure. Should this agreement be extended on a year to year basis,no increase in cost is expected for each subsequent year. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the firm of Sanderson Knox & Belt, LLP, Sugar Land, Texas, be and it is hereby designated as the independent auditing firm for the City of Beaumont in the amount of no greater than $83,850 for the fiscal period ending September 30, 2007 with an option to renew on a year-to-year basis for a period not to exceed three (3) additional years, upon mutual consent of both parties. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - THE STATE OF TEXAS § § Professional Services Contract COUNTY OF JEFFERSON This Professional Services contract ("Contract") is hereby entered into on this day of August, 2007 and effective immediately by and between Sandersen Knox & Belt, LLP ("Contractor") and the City of Beaumont ("City"), a municipal corporation located in Jefferson County, Texas acting by and through its City Manager or his/her designee. WITNESSETH: That in consideration of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows: I. Description of Work For the consideration hereinafter agreed to be paid to Contractor by City,Contractor will conduct an independent audit of the basic financial statements of the City for the fiscal year(s) ending September 30, 2007 and other related services ("services") as described in Contractor's proposal. The services are to conform in every respect to this Contract and the following documents: • City Request for Proposal (RFP); and • Contractor's Proposal ("Proposal") to the RFP. All documents referred to above are incorporated herein as if written word for word. In the case of conflict in the language of any of the documents listed above and this Contract,the terms and conditions of this Contract shall be final and binding on all parties. In the case of conflict in the language of the RFP and Proposal, the terms and conditions of the RFP shall be final and binding on all parties. 11. Term This Contract shall commence on the day and year first written above and will terminate on the issuance of internal control recommendation letters and Single Audit Reports or May$1, 2008, whichever occurs first in accordance with the Proposal. This Contract may be extended on a year to year basis, for a period not to exceed one (1) additional year, upon mutual consent of City and Contractor. If Contractor desires to extend this Contract beyond the initial term, Contractor shall request such extension sixty(60)days prior to the expiration of the initial term or any extension thereof. 1 EXHIBIT "A" I Fees will be as follows: Financial and Out-of- Fiscal Comprehensive Pocket Year Audit Fee Expenses Total Fee 2007 $ 83,000 $ 850 $ 83,850 2008 $ 83,000 $ 850 $ 83,850 2009 $ 83,000 $ 850 $83,850 2010 $ 83,000 $ 850 $ 83,850 Total payment to Contractor will not exceed the amount specified above for each fiscal period, unless other conditions necessitate additional services which must be authorized in advance by the City Manager. Contractor's charges for services are not to exceed similar charges of Contractor for comparable services to other clients. Contractor will submit periodic billings for services rendered on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with Contractor's dollar cost bid proposal. Interim billings shall cover a period of not less than a month. Ten percent(10%)will be withheld from each billing pending delivery of Contractor's final reports. No interest shall ever be due on late payments. Payments to Contractor will be in the amount shown by the monthly statement and other documentation submitted and shall be subject to the approval of the Chief Financial Officer. City shall not be liable under this Contract for any services which are unsatisfactory or which have not been approved by City. Contractor will not be entitled to reimbursement for expenses incurred in accordance with this Contract unless Contractor has obtained the prior written consent of City to incur such expenses. For services not included in this Contract, it is agreed between City and Contractor that a separate agreement shall be entered into to cover such additional services. Any and all charges made to City other than those specified in this Contract shall be fully explained in a signed written document delivered to the Chief Financial Officer prior to incurring any charge or fee in excess of the amount stated in this Contract. Such written explanations shall include, but not be limited to: • nature of the additional charge, • basis of such charge, • hours, • persons involved, • hourly rate, • costs incurred, and • statement that services provided were not included in basic Contract. Any out-of-pocket expenses will require approval of the Chief Financial Officer. Contractor will not incur such expenses until written approval is obtained from the Chief Financial Officer. 2 Contractor and City recognize that the continuation of any contract after the close of any given fiscal year, which ends September 30 each year, of City shall be subject to the approval of the City Manager. Ill. Scope of Services Contractor agrees to provide the services under this Contract in accordance with U.S. generally accepted auditing standards (GARS), Government Auditing Standards(GAS), the Single Audit Act Amendments of 1996, the provisions of OMB Circular A-133 and to perform the services to the highest professional standards. IV. City's Responsibilities City agrees to: • Have City accounting staff provide necessary prepared-by-client working papers normally required for the annual audit and locate and reproduce documents necessary to the audit. • Provide adequate work space and physical facilities needed to complete services. V. Staff Requirements Contractor agrees that staff assigned to City's audit shall contain at least one (1) person with two (2) or more years of governmental auditing experience. This person shall be at a senior or higher level. There shall be at least one(1)additional person that has completed a minimum of one(1)full year in governmental auditing. Staff provided on site at City will be computer literate and knowledgeable of spreadsheet software. VI. Schedule A. Contractor agrees to meet the following time deadlines for each fiscal period: 1. All working papers to be prepared by City must be submitted, by written list, to City on or before September 30 of each year together with adequate written explanatory detai I as to the purpose of the working papers as well as the methodology to be used in preparing such working papers and agreed-upon timing. 2. preliminary audit work conducted prior to year-end closing may be scheduled by Contractor at a mutually agreeable time and date. 3. Year-end fieldwork must begin by December 1. 4. Audit fieldwork must be completed by December 31. 3 5. Year-end audit adjustments and trial balances are to be submitted to City no later than January 10. 6. The completed CAFR and Single Audit Report drafts must be submitted by January 15, 2008 and on the same date for each subsequent year engaged. 7. The management letter shall be submitted no more than thirty(30)calendar days after submission of the CAFR. 8. Copies of all working papers or schedules shall be maintained by the Contractor for the latter of five (5) years after acceptance by Council and all relevant federal and state agencies or the time period required by any funding sources. B. The audit shall not be considered complete until the relevant federal and state agencies have approved the audit plan and accepted the single audit report in writing. VII. Termination It is agreed and fully understood that City may, at its option and without prejudice to any other remedy it may be entitled to at law or in equity, cancel or terminate this Contract upon thirty(30) days written notice to Contractor with the understanding that immediately upon receipt of said notice, all work being performed thereunder shall cease. Contractor shall be compensated in accordance with the terms of this Contract for all services performed through the date of receipt of notice provided that City shall not be obligated to pay for any work which is unsatisfactory or not submitted in compliance with the terms of this Contract. Contractor shall deliver all original source documents belonging to City immediately after notice of termination of this Contract has been received by Contractor. Vill. Ownership of Documents All original source documents given to Contractor under this Contract are the sole property of City and shall be delivered to City without restriction on future use. IX. Confidential Work No reports, information, project evaluation, data, or any other documentation developed by, given to, prepared by, or assembled by Contractor under this Contract shall be disclosed or made available to any individual or organization by Contractor without the express prior written approval of City. 4 X. Contractor's Liability Acceptance by City of Contractor's reports shall not constitute or be deemed a release of the responsibility and liability of Contractor, its employees, agents, or associates for the accuracy and competency of their reports, information, and other documents or services; nor shall acceptance or approval be deemed to be the assumption of such responsibility by City for any defect, error, or omission in the documents prepared by Contractor, its employees, agents, or associates. XI. Nondiscrimination As a condition of this Contract, Contractor covenants that contractor will take all necessary actions to insure that, in connection with any work under this Contract, Contractor, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin,age, sex, ancestry, place of birth, or disability, either directly, indirectly, or through contractual or other arrangements. In this regard, Contractor shall keep, retain, and safeguard all records relating to this Contract or work performed thereunder place of birth, or disability, either directly, indirectly, or through contractual or other arrangements. In this regard, Contractor shall keep, retain, and safeguard all records relating to this Contract or work performed thereunder for a minimum period of five (5) years from the final Contract completion, with full access allowed to authorized representatives of City,upon request,for purposes of evaluating compliancewith this and other provisions of the Contract. Al. Notices All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the address shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for City, mail to: Max S. Duplant, CPA Chief Financial Officer City of Beaumont P. O. Box 3827 Beaumont, TX 77704-3827 or deliver to: Max S. Duplant, CPA Chief Financial Officer Beaumont City Hall 801 Main Street, Room 320 Beaumont, TX 77701 5 If intended for Contractor, mail to: Alan K Sandersen, CPA Sandersen Knox & Belt, LLP 130 Industrial Blvd., Suite 130 Sugar Land, TX 77478 XI11. Applicable Law This Contract is entered into subject to the Charter and ordinances of City as they may be amended from time to time and is subject to and is to be construed, governed, and enforced under all applicable federal and state laws. Contractor will make any and all reports required by federal, state, or local law, including but not limited to, proper reporting to Internal Revenue Service, as required in accordance with the Contractor's income. Situs of this Contract is agreed to be Jefferson County, Texas for all purposes including performance and execution. XIV. Severability If any of the terms, provisions, covenants, or conditions of this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provisions of this Contract.All provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Any other provisions of this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. XV. Default If at any time during the term of this Contract, Contractor shall fail to commence work, in accordance with the provisions of this Contract, fail to diligently provide services in an efficient, timely, and careful manner and in strict accordance with the provisions of this Contract, fail to use adequate number or quality of personnel to complete the work, or fail to perform any of its obligations under this Contract, then City shall have the right, if Contractor shall not cure any such default after fifteen(15)days written notice thereof,to terminate this Contract and complete the work in the manner it deems desirable, including engaging the services of other parties therefor. Any such act by City shall not be deemed a waiver of any right or remedy of City. If, after exercising any such remedy, the cost to City of the performance of the balance of the work is in excess of that part of the Contract sum which has not theretofore been paid to Contractor thereunder, Contractor shall be liable for and shall reimburse City for such expenses. 6 XVI. Monies Withheld When City has reasonable grounds for believing that Contractor will be unable to perform this Contract fully and satisfactorily within the time fixed for performance, or that meritorious claim exists or will exist against Contractor or City arising out of the negligence, error, or omission of Contractor or Contractor's breach of any provision of this Contract, then City may withhold payment of any amount otherwise due to Contractor under this Contract. Any amount so withheld may be retained by City for that period as it may deem advisable to protect City against any loss. City may, after written notice to Contractor, apply such money in satisfaction of any claim(s). This provision is intended solely for the benefit of City and no other person or entity shall have any right against City or claim against City by reason of City's failure or refusal to withhold monies. No interest shall be payable by City on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any other right of City. XVI I. Indemnification Contractor shall and does hereby agree to indemnify and hold harmless City, its officers,agents, and employees from any and all damages, loss or liability of any kind whatsoever by reason of death or injury to property to third persons caused by negligent act, error, or omission of Contractor, its officers, agents, employees, invitees, or other persons for whom Contractor is legally liable with regard to the performance of this Contract. Contractor will, at its own expense, defend, pay on behalf of and protect City, its officers, agents, and employees against any and all such claims and demands. XViIi. insurance A. Contractor shall at Contractor's own expense, purchase and keep in force during the term of this Contract such insurance as set forth below. Contractor shall not commence work under this Contract until Contractor has obtained all insurance required and such insurance has been approved by City.All insurance policies provided under this Contract shall be written on an "occurrence basis" unless otherwise indicated. The insurance requirements shall remain in effect throughout the term of this Contract. 1. Professional liability insurance - including contractual liability in an amount not less than $500,000 2. Commercial general liability insurance - $500,000 combined single limit per occurrence for bodily injury, personal injury, and property damage; this policy shall have no coverages removed by exclusion 3. Automobile liability-$500,000 combined single limit per accident for bodily injury and property damage; coverage should be provided as a "Code 1", any auto 4. Workers compensation and employers' liability - employer's liability policy limits of $100,000 for each accident, $500,000 disease policy limit 7 B. Other insurance provisions 1. City shall be named as an additional insured on the commercial general liability and automobile liability insurance policies. These insurance policies shall contain the appropriate additional insured endorsement signed by a person authorized by that insurer to bind coverage on its behalf. 2. Should professional liability coverage be provided on a"claims-made"form, Contractor must maintain this policy for a period of four(4)years after completion of this Contract or purchase extended reporting period or"tail" coverage. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been provided to City. 4. Insurance is to be placed with insurers with a Best rating of no less than "AMII". The company must also be duly authorized to transact business in the state of Texas. 5. Workers compensation and employer's liability coverage-The insurer shall agree to waive all rights of subrogation against City, its officials, employees, and volunteers for losses arising from the activities under this Contract. 6. Certificates of insurance completed on the Accord form only and endorsements effecting coverage required by this clause Shall be forwarded to: Tina Broussard City Clerk City of Beaumont P.O. Box 3827 Beaumont, Texas 77704-3827 XIX. Remedies No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein granted by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given thereunder. No covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. 8 XX. Independent Contractor Contractor covenants and agrees that he/she is an independent contractor and not an officer, agent, servant, or employee of City;that Contractor shall have exclusive control of and exclusive right to control the details of the work performed thereunder and all persons performing same shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants;the doctrine of respondeat superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors, and consultants; and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XXI. Entire Agreement This Contract embodies the complete agreement of the parties hereto, superseding all oral, written, previous,and contemporary agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties. XXII. Successors and Assigns City and Contractor each bind themselves, their successors, executors, administrators, and assigns to the other party to this Contract. Neither City nor Contractor will assign, sublet, subcontract, or transfer any interest in this Contract without the written consent of the other party. No assignment, delegation of duties or subcontract under this Contract will be effective without the written consent of City. XXIII. Non-Waiver It is further agreed that one (1) or more instances of forbearance by City in the exercise of its rights herein shall in no way constitute a waiver thereof. XXIV. Headings The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions thereof. XXV. Changes City may,from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed by and between City and Contractor shall be incorporated by written modification to this Contract. 9 XXVI. Performance of Services Contractor, its associates, and employees shall perform all services called for in this Contract. Contractor covenants and agrees that all of its associates and employees who work on the engagement shall be fully qualified to undertake same and competent to perform the services described in this Contract. XXVII. Conflict of Interest Contractor covenants and agrees that Contractor, its associates, and employees will have no interest, and will acquire no interest either direct or indirect, which will conflict in any manner with the performance of the services called for under this contract. All activities, investigations and other efforts made by Contractor pursuant to this Contract will be conducted by employees, associates, or subcontractors of Contractor. XXVIII. No Third Party Beneficiary For purposes of this Contract, including its intended operation and effect, the parties (City and Contractor) specifically agree and contract that: 1. The Contract only affects matters/disputes between the parties to this Contract and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with City or Contractor or both; and 2. The terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either City or Contractor. XXIX. Venue The parties to this Contract agree and covenant that this Contract will be enforceable in Beaumont, Texas and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Jefferson County, Texas. 10 XXX. Procurement of Goods/Services from Beaumont Businesses and/or Historically Underutilized Businesses In performing this Contract, Contractor agrees to use diligent efforts to purchase goods/services from Beaumont businesses whenever such goods/services are comparable in quality and price. As a matter of policy with respect to City contracts and procurements, City also encourages the use, if applicable, of qualified contractors, subcontractors, and suppliers where at leastfifty-one percent(51%)of the ownership of such contractor, subcontractor, or supplier is vested in ethnic minorities or women. In the selection of subcontractors, suppliers, or other persons in organizations proposed for work on this Contract, the Contractor agrees to consider this policy and to use its reasonable and best efforts to select and employ such company or persons for work on this Contract. In witness whereof,the parties hereunto set their hands by their representatives duly authorized on this day and year first written above. CONTRACTOR CITY OF BEAUMONT By Signature Kyle Hayes, City Manager Attest: Printed/typed Name Printed/typed Title Tina Broussard, City Clerk Tax Identification Number Witness: 11 THE STATE OF TEXAS § Contractor Acknowledgment COUNTY OF JEFFERSON § Before me, a Notary Public in and for the State of Texas, on this day personally appeared Alan K. Sandersen, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for and as the act and deed of Sandersen Knox & Belt, LLP, as Partner, thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this the day of August, 2007. Notary Public in and for the State of Texas Commission expires Notary's printed name THE STATE OF TEXAS § § City Acknowledgment COUNTY OF JEFFERSON Before me, a Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that same was the act of said City of Beaumont,Texas, a municipal corporation of the State of Texas, Jefferson County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this the day of , 200 Notary Public in and for the State of Texas Commission expires Notary's printed name 12 5 August 14,2007 Consider approving a request for a specific use permit to allow a residential care facility for adult offenders in an RCR(Residential Conservation and Revitalization)District at 2346 McFaddin City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 9, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization)District at 2346 McFaddin. RECOMMENDATION The Administration recommends denial of a request for a specific use permit to allow a residential care facility for adult offenders in an RCR(Residential Conservation and Revitalization)District at 2346 McFaddin. BACKGROUND Jimmie and Vernon Adams,the applicants, are requesting a specific use permit to allow a residential care facility for adult offenders in an RCR(Residential Conservation and Revitalization)District. The property is located at 2346 McFaddin. The property is currently occupied by a commercial building. Mr. and Mrs. Adams state that the facility will provide transitional services to female ex-inmates in need of social services. Initially, hours of operation will be from 8:00 a.m. - 8 p.m. Services to be provided will include obtaining proper identification, screening them for eligibility for social services such as food stamps, SSI, SSDI, TANF, medical and dental needs, etc. The clients will be assisted with the process of filing for eligible services and assigned a case manager to follow their case and assist them in all aspects of the process. The facility will assist its clients in locating permanent housing and satisfying employment. A long range goal is to maintain eight transitional beds to assist women who are leaving jail and would otherwise be homeless. At a Joint Public Hearing held July 16, 2007, the Planning Commission voted 6:1 to deny a request for a specific use permit to allow a residential care facility for adult offenders in an RCR(Residential Conservation and Revitalization)District at 2346 McFaddin. The "20% Rule" is in effect on this item. This means that in order to approve a zone change or specific use permit when the 20%Rule has been invoked at least six Councilmembers must vote in favor of the ordinance. On File 1892-P, a protest of 31%was received,therefore invoking the Rule on this case. For further information, please see the attached explanation of the 20% Rule. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. The"20%Rule" Section 30-40. D. of the Zoning Ordinance states the following: Protest: The City Council shall not amend, supplement, change, modify or repeal any regulation,restriction or boundary or approve a Specific Use Permit where a protest against such change, signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred(200)feet therefrom, except by the favorable vote of three-fourths (3/4) of all the members of the City Council. This means that in order to approve a zone change or specific use permit when the 20% rule has been invoked at least six Council members must vote in favor of the Ordinance. On File 1892-P, a protest of 31%was received, therefore invoking the Rule on this case. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY FOR ADULT OFFENDERS IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2346 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Jimmie and Vernon Adams to allow a residential care facility for adult offenders in an RCR(Residential Conservation and Revitalization)District located at 2346 McFaddin, being Lot 22, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.172 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a residential care facility for adult offenders in an RCR (Residential Conservation and Revitalization) District located at 2346 McFaddin, being Lot 22, Block 20,Averill Addition, City of Beaumont,Jefferson County,Texas,containing 0.172 acres, more or less, as shown on Exhibit"A" attached hereto, is hereby granted to Jimmie and Vernon Adams, their legal representatives, successors and assigns, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - !]ile 892-P: Request for a specific use permit to allow a residential care facility for adult ffenders in an RCR(Residential Conservation and Revitalization)District. N Location: 2346 McFaddin Applicant: Jimmie Adams 0 100 200 Feet 7R RLegend 1892P R NORTH ST 2 CA MCFADDIN AVE R R N --I G M EXHIBIT "A" s Ph 1 A v E� 'd Z �3 61 (1� C -n d n S EXHIBIT "B" 6 August 14,2007 Consider approving a contract for the purchase of water treatment chemicals for use in the Water Utilities Department ,u.. City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 8, 2007 REQUESTED ACTION: Council consider a contract for the purchase of water treatment chemicals. RECOMMENDATION Administration recommends award of a six(6)month contract to DXI Industries,Inc. of Houston, Texas, for purchasing liquid chlorine and to FSTI, Inc. of Manor, Texas, for purchasing sodium hydroxide at the unit prices stated below,with an estimated total contract expenditure of$180,455. BACKGROUND Bids were requested for a six(6)month contract to supply water treatment chemicals for use by the Water Utilities Department. The chemicals included in this bid are liquid chlorine and sodium hydroxide which are used to disinfect and purify the City's water supply. Bid notices were provided to eighteen (18)vendors with six(6) responding with bids as reflected in the attached bid tabulation. The products of each bidder recommended for award meet all specifications. The contract provides for vendors to furnish the chemicals at the following fixed unit prices: Vendor Chemical Est. Prior Contract Current Bid Total Price Qty. Price Price DXI Industries, Inc. Liquid 110 $579.00/ton $568.00/ton $62,480 Houston, Texas Chlorine tons FSTI, Inc. Sodium 300 $315.50/ton $393.25 /ton $117,975 Manor, Texas Hydroxide tons TOTAL ESTIMATED 6-MONTH EXPENDITURE: $180,455 Six(6)Month Contract for Water Treatment Chemicals August 8,2007 Page 2 BUDGETARYIMPACT Funds are available for this expenditure in the Water Utilities Department operating budget. Six(6)Month Contract for Water Treatment Chemicals August 8,2007 Page 3 BID TABULATION: LIQUID CHLORINE VENDOR UNIT PRICE TOTAL PRICE per ton 110 tons DXI Industries, Inc. $568 /ton $62,480 Houston, TX Altiva Corporation $610/ton $67,100 Houston, TX BID TABULATION: SODIUM HYDROXIDE VENDOR UNIT PRICE TOTAL PRICE per ton 300 tons FSTI, Inc. $393.25 /ton $117,975 Manor, TX Harcross Chemicals $419/ton $125,700 Pasadena, TX DXI Industries, Inc. $427/ton $128,100 Houston, TX Univar USA $442.40/ton $132,720 Dallas, TX Altiva Corporation $445 /ton $133,500 Houston, TX Old World Industries $484/ton $145,200 Northbrook, IL RESOLUTION NO. WHEREAS, bids were received for a six (6) month contract for the purchase of water treatment chemicals for use by the Water Utilities Department; and, WHEREAS, DXI Industries, Inc., Houston, Texas, and FSTI, Inc., Manor, Texas, submitted bids in the unit costs shown below for an estimated total contract expenditure of $180,455: Vendor Chemical Est. Prior Contract Current Bid Total Price Qty. Price Price DXI Industries, Inc. Liquid 110 $579.00 /ton $568.001 $62,480 Houston, Texas Chlorine tons ton FSTI, Inc. Sodium 300 $315.50 /ton $393.25 /ton $117,975 Manor, Texas Hydroxide I tons TOTAL ESTIMATED 6-MONTH EXPENDITURE: $180,455 and, WHEREAS, City Council is of the opinion that the bids submitted by DXI Industries, Inc., and FSTI, Inc., in the unit amounts shown above for an estimated total contract expenditure of$180,455 should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids for a six (6) month contract for the purchase of water treatment chemicals for use by the Water Utilities Department submitted by DXI Industries, Inc., Houston, Texas, and FSTI, Inc., Manor, Texas, in the unit amounts shown above for an estimated total contract expenditure of$180,455 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - 7 August 14, 2007 Consider approving a contract for electrical services for City facilities .... City Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 6, 2007 REQUESTED ACTION: Council consider a contract for electrical services for City facilities. RECOMMENDATION Administration recommends the award of a three (3) year contract for electrical services to Gulf Coast Electric of Beaumont at the unit costs reflected in the attached Bid Tabulation, with an estimated total annual expenditure of$61,350. BACKGROUND The contract specifies that the successful bidder will provide assorted electrical services at fixed hourly rates and electrical materials at a fixed percentage markup to maintain City electrical systems. The contract requires the contractor to have personnel onsite to assist the City with emergency repairs in the event of a disaster. The contract term is three (3) years with annual percentage increases based on the Consumer Price Index for all Urban Consumers(CPI-U). The bid award is based on quoted regular and over time hourly rates of journeyman electricians with and without a service truck as well as helpers hourly rates applied to an estimated annual usage. Five(5)vendors were notified,with two(2)responding with bids as indicated on the attached Bid Tabulation. Gulf Coast Electric submitted the lowest bid and has previously performed electrical work for the City satisfactorily. BUDGETARYIMPACT Funds are available for this expenditure in the Building Services Division's operating budget. Contract for Electrical Services August 6,2007 Page 2 BID TABULATION Est. Gulf Coast Electric A&A Electric Company Annual Description Beaumont,TX Beaumont,TX Hours 500 Journeyman Electrician with Service Truck,Regular $44.00/hour $22,000.00 $65.00/hour $32,500.00 300 Journeyman Electrician with No Truck,Regular $41.50/hour $12,450.00 $60.00/hour $18,000.00 100 Helper-No Truck,Regular $25.00/each $2,500.00 $36.00/each $3,600.00 250 Journeyman Electrician with Service Truck, Over Time $66.00/hour $16,500.00 $110.00/hour $27,500.00 100 Journeyman Electrician with No Truck,Over Time $63.00/hour $6,300.00 $105.00/hour $10,500.00 50 Helper-No Truck,Over Time $32.00/hour $1,600.00 $65.00/hour $3,250.00 ESTIMATED ANNUAL TOTAL: M $61,350.00 11 $95,350.00 MATERIAL MARK UP ABOVE COST: ' 10% :JF 20 % RESOLUTION NO. WHEREAS, bids were received for a three (3) year contract for electrical services for City facilities; and, WHEREAS, Gulf Coast Electric, Beaumont, Texas, submitted a bid in the unit costs shown below for an estimated total annual expenditure of $61,350: Est. Annual Description Hours 500 Journeyman Electrician with Service Truck, Regular $44.00/ hour $22,000.00 300 Journeyman Electrician with No Truck, Regular $41.50 / hour $12,450.00 100 Helper- No Truck, Regular $25.00/ each $2,500.00 250 Journeyman Electrician with Service Truck, Over $66.00 / hour $16,500.00 Time 100 Journeyman Electrician with No Truck, Over Time $63.00/ hour $6,300.00 50 Helper- No Truck, Over Time $32.00/ hour $1,600.00 ESTIMATED ANNUAL TOTAL: $61,350.00 MATERIAL MARK UP ABOVE COST: I 10 % and, WHEREAS, City Council is of the opinion that the bid submitted by Gulf Coast Electric, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Gulf Coast Electric, Beaumont, Texas, for a three (3) year contract for electrical services for City facilities in the unit amounts shown above for an estimated total expenditure of$61,350 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - 8 August 14,2007 Consider approving the purchase of precast concrete box culverts for the Hayes Gully Drainage Improvement Project 7ei-: City Council Agenda Item , ` . L TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 8, 2007 REQUESTED ACTION: Council consider the purchase of precast concrete box culverts for the Hayes Gully Drainage Improvement Project. RECOMMENDATION Administration recommends purchasing 406 feet of precast concrete box culvert for$206.75 per foot from Conroe Pipe of Conroe, Texas resulting in a total purchase price of$83,940.50. BACKGROUND On June 19,2007,Council approved a contract with Excavators and Constructors,LTD to begin the Hayes Gully Drainage Improvement Project. The City and the Contractor agreed that a portion of the work originally included in the contract would be removed from the contract. This work would be jointly constructed by the City and Jefferson County Drainage District No. 6 (DD#6). DD#6 has agreed to install box culverts provided by the City at seven(7)road crossings. The City will backfill and resurface the roadways after the culverts have been installed by DD#6. The road crossings include Buchanan, Fillmore, Lucas, Pierce, Taylor, Tyler, and Wilson Streets. Bids were solicited from seven(7)vendors for culverts at three(3)road crossings,including Pierce, Fillmore,and Buchanan Streets. The culverts for the remaining road crossings will be purchased at a later date. Pricing was requested for 6'x6'precast concrete box culverts with skewed ends in the following lengths to be delivered to the following job sites: • Pierce Street,two (2)pieces 87 feet long,totaling 174 linear feet • Fillmore Street, one (1)piece 54 feet long,totaling 54 linear feet • Buchanan Street,two(2)pieces 89 feet long,totaling 178 linear feet Purchase of concrete bog culverts August 8, 2007 Page 2 The following bids were received for the purchase of 406 linear feet of concrete box culverts: VENDOR UNIT PRICE TOTAL PRICE Hanson Pipe and Precast, Houston, TX $195.10/lin. ft. $79,210.60 Conroe Pipe, Conroe, TX $206.75 /lin. ft. $83,940.50 The apparent low bidder fails to meet minimum specifications in that they require the contractor to cut the skew ends and they do not guarantee the integrity strength of the skewed end pieces,which are required for this installation. Administration recommends the culverts be purchased from Conroe Pipe because they presented the only qualified bid. Field cutting is not required and the company will guarantee the integrity strength of all pieces. Delivery is expected in approximately 30 days. BUDGETARYIMPACT Funds are budgeted in the Capital Program. RESOLUTION NO. WHEREAS, bids were received for precast concrete box culverts for the Hayes Gully Drainage Improvement Project; and, WHEREAS, Conroe Pipe, Conroe, Texas, submitted a bid for 406 feet of precast concrete box culverts in the amount of$206.75 per foot for a total amount of$83,940.50; and, WHEREAS, City Council is of the opinion that the bid submitted by Conroe Pipe, Conroe, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Conroe Pipe, Conroe, Texas, for 406 feet of precast concrete box culverts in the amount of $206.75 per foot for a total amount of $83,940.50 for the Hayes Gully Drainage Improvement Project be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - 9 August 14,2007 Consider amending Section 26-24 of the Code of Ordinances establishing time limits and zone boundaries for school speed zones on Corley Street and Westgate Drive City Council Agenda Item milli EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 1, 2007 REQUESTED ACTION: Council consider additions to Section 26-24 of the Code of Ordinances. This section establishes both the time limits and zone boundaries for the 20 miles per hour reduced school speed zones now in effect. RECOMMENDATION Administration recommends amending the Code of Ordinances as follows: ADD TO SCHEDULE A STREET DIRECTION OF DESCRIPTION TRAVEL Corley Street E& W From a point 120 feet east of the centerline of Avenue A to a point 75 feet west of the centerline of Victoria. ADD TO SCHEDULE D STREET DIRECTION OF DESCRIPTION TRAVEL Westgate Drive E& W From a point 95 feet west of the centerline of Peyton to a point 300 feet west of the centerline of Dowlen. BACKGROUND School crossing zones are required at these locations due to an increase in the number of students crossing Corley Street and Westgate Street traveling to and from Marshall Middle School and Ogden Middle School. BUDGETARY IMPACT None. sd—VV,N ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY MODIFYING AN EXISTING SCHOOL ZONE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 26, Section 26-24 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended by adding the following streets to Schedules A and D. SCHEDULE A In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit will be twenty(20)miles per hour in the following zones between the hours of 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:15 p.m., Monday thru Friday on schooldays. STREET DIRECTION OF DESCRIPTION TRAVEL Corley Street E & W From a point 120 feet east of the centerline of Avenue A to a point 75 feet west of the centerline of Victoria. SCHEDULE D In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit will be twenty(20)miles per hour in the following zones between the hours of 7:45 a.m. to 9:15 a.m. and 3:00 p.m. to 4:30 p.m., Monday thru Friday on schooldays. I STREET DIRECTION OF DESCRIPTION TRAVEL Westgate Drive E & W From a point 95 feet west of the centerline of Peyton to a point 300 feet west of the centerline of Dowlen. Section 2. That if any section, subsection, sentence clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should,for any reason, be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - 10 August 14,2007 Consider authorizing the City Manager to execute an Interlocal Agreement with Drainage District No. 6 for the Calder Street Project �'"' k City Council Agenda Item A IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 2, 2007 REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal Agreement with Drainage District No. 6 (DD#6) for the Calder Street Project. RECOMMENDATION Administration recommends City Council authorize the City Manager to execute an Interlocal Agreement with Drainage District No. 6 for the Calder Street Project. BACKGROUND Drainage District No. 6 was awarded a grant for 75 percent or$23,665,177, of the estimated cost to install drainage structures within the limits of the Calder Street Project. The estimated cost of the drainage portion ofthe project is$31,553,570 and the total project cost is estimated at$49,500,000. The drainage portion of the project includes the installation of 1-10'x10'box culvert from Lucas to west of IH-10 (18'b Street), 2-10'x 10'box culverts from 18" Street to IH-10 Northbound Service Road (NSR) and 3-10'x10' box culverts from IH-10 NSR to the Neches River. The Interlocal Agreement outlines the responsibilities ofDD#6 and the City in regards to the terms and requirements of the grant. A copy of the Interlocal Agreement is enclosed. BUDGETARY IMPACT The City will be reimbursed for 75 percent of the costs associated with the drainage improvements. The 25 percent match and the cost of street improvements, total approximately $23,834,823, is available in the Capital Program. Ca1derInter1oca1DD#6.wpd August 2,2007 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Drainage District No. 6 (DD#6) for the Calder Street Project. The Agreement is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames - INTERLOCAL AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON This Interlocal Agreement("the agreement")is entered into between the City of Beaumont, a municipal corporation of Jefferson County, Texas and the State of Texas (hereinafter called"City'), and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called"District"). Both entities are authorized to enter into interlocal agreements in accordance with Title 7 of the Government Code of the State of Texas (Vernon 1996) Section 791.001 et Seq. The City and the District agree as follows: WITNESSETH The District was awarded a grant for 75%of the cost of the Calder Street Project. The Project, which has a total estimated cost of$31,553,570, consists of the installation of 1- 10'x10' box culvert from Lucas Street to west of 114 10 (18th street),2-10'x10' box culverts from 18th street to east of IH10 (north bound Frontage Road) and 3-10' x 10' box culverts from the north bound frontage road at 1H 10 to the Neches River. The route of the structure is east along Calder to Main Street then north one block to Elizabeth Street and East along Elizabeth to the Neches River. City and the District have agreed to share the workload and cost of this project on the following basis: 1. The City will be responsible for all costs of engineering, design, coordination (to include bidding, letting of materials and construction contracts), construction, and project management for this project. 2. Any expenses that are submitted by the City and are reimbursed by the Texas Governor's Division of Emergency Management,that are later deemed to be non-reimbursable by an audit of the funds, will be the sole responsibility of EXHIBIT "A" 3. Any contracts let by the City related to this grant will name the District as additionally insured and the Contractor(s)will be required to indemnify and hold harmless District. 4. The District will be shown as an additional name insured within the contract with full indemnification provided as to District. 5. The cost of relocation of city owned utility lines and structures, if any, will be borne by the City. 6. The District will be responsible for grant administration of the Hazard Mitigation Grant Program(HMGP)award. This will include request for advances, reconciliation of advances, and requests for reimbursement of actual expenses. 7. The District will be responsible for ensuring all reporting requirements of the HMGP grant are met. This includes quarterly reports, A-133 annual audit and, if necessary, project extensions to the State project officer. 8. The District will request the funds from the Texas Department of Public Safety, Division of Emergency Management, Hazard Mitigation Section (TXDPS-DEM-1=WT), as reimbursement of actual expenditures. 9. For requests for reimbursement of actual expenses, The City will provide the District with an invoice and the appropriate level of documentation required for reimbursement of all of the incurred expenses for which reimbursement is being requested. This includes but is not limited to, receipts, checks,job orders, contracts, equipment usage documentation and payroll information. 10. When the District receives reimbursement for actual expenses, the District will transfer these funds as long as the backup material justifying these reimbursements has been provided. These reimbursements will not be unreasonably withheld. 11. The City will be responsible for all right of way acquisition necessary for the project. 12. The City will reimburse the District for costs associated with the grant application and environmental assessment in an amount not to exceed $308,425.00. Executed this day of 2007 ATTEST: THE CITY OF BEAUMONT By: By: City Clerk City Manager ATTEST: By: By: Vice-President/Secretary President 11 August 14, 2007 PUBLIC HEARING: Receive comments relating to a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds Consider authorizing the City Manager to execute a contact with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds •�• City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 14, 2007 AGENDA MEMO DATE: August 1, 2007 REQUESTED ACTION: Council conduct a public hearing and consider a resolution authorizing the City Manager to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds. RECOMMENDATION Administration recommends that Council conduct a public hearing and authorize the City Manager to execute a contract with the Texas Department of Transportation for the City to receive State Public Transportation Funds. BACKGROUND City Council annually authorizes the City Manager to execute a contract with the Texas Department of Transportation for the City to receive State Public Transportation Funds. These funds are used towards the City's local share of operating costs for the Beaumont Municipal Transit System. The City is scheduled to receive $255,000 in State Public Transportation Funds. The amount of funds received in previous years is provided below: FISCAL YEAR AMOUNT 2007 $400,000 2006 $431,336 2005 $396,895 2004 $426,348 The overall funding for Small Urban Transit Systems proposed for FY 2008 was significantly cut during the last legislative session which resulted in a decrease of funding for the City. BUDGETARY IMPACT State funding, totaling $255,000, will fund part of the estimated local share of $1,746,320 to operate the Beaumont Municipal Transit System for FY 2008. TmnsPTF08Funds.wpd August 1,2007 TEXAS TRANSPORTATION COMMISSION VARIOUS Counties MINUTE ORDER Page 1 of 1 ALL Districts The General Appropriations Act enacted by the 80th Texas Legislature,Regular Session, appropriates$39,817,135 for public transportation grants for small urban and nonurbanized areas of the state. The Texas Transportation Commission(commission)desires to award$19,741,068,the appropriated amount for FY 2008. Title 43, Texas Administrative Code, §31.11 establishes a formula by which public transportation funds shall be distributed to the small urban and nonurbanized areas of the state. The FY 2008 allocation is shown in Exhibit A and has been calculated in accordance with the provisions of§31.11, and adjusted to address the appropriated level. Transportation Code, Chapter 455 assigns a broad spectrum of public transportation roles and missions to the Texas Department of Transportation. Transportation Code, Chapter 456 authorizes the commission to administer funds appropriated for public transportation. IT IS THEREFORE ORDERED by the commission that the executive director or the director's designee is directed to proceed with the allocations as described in Exhibit A and to enter into the necessary contracts for the FY 2008 program of projects upon completion of all application requirements by the local public transportation operators. Submitted and reviewed by: Recommended by: Director,Public Transportation Division Executive Director 110967 JUN 28 07 Page 1 of 2 Exhibit A Urbanized Area Allocation Abilene $ 249,863 Amarillo 337,044 -Arlington 187,799 Beaumont 255,024 Brownsville 374,047 -College Station-Bryan 241,233 Galveston 244,061 Grand Prairie 93,856 -Harlingen 81,229 Killeen 293,675 Lake Jackson-Angleton 209,831 Laredo 458,221 Longview 165,838 Lubbock 450,031 McAllen 359,809 -McKinney 158,969 Mesquite 75,991 Midland-Odessa 345,244- North Richland Hills 96,991 Port Arthur 210,156 San Angelo 221,664 Sherman 154,879 Temple 157,017 Texarkana 156,951 Texas City 213,087 The Woodlands 238,342 T ler 184,211 Victoria 158,695 Waco 293,688 Wichita Falls 241,928 Total $ 6,909,374 Page 2 of 2 Exhibit A Nonurbanized Provider Allocation Alamo Area Council of Governments $ 659,413 Ark-Tex Council of Governments 447,285 As ermont Small Business Development Center 177,593 Bee Community Action Agency 198,966 Brazos Transit District 1,759,243 Capital Area Rural Transportation System 726,164 Ca rock Community Action Association,Inc. 197,596 Central Texas Rural Transit District 371,373 Cleburne, City of 203,342 Collin County Committee on Aging 131,445 Colorado Valley Transit 265,890 Community Action Council of South Texas 240,365 Community Council of Southwest Texas,Inc. 340,929 Community Services, Inc. 250,979 Concho Valley Transit District 298,096 Del Rio, City of 161,334 East Texas Council of Governments 398,765 El Paso,County of 117,761 Fort Bend County Rural Transit District 58,322 Golden Crescent Regional Planning Commission 352,367 Gulf Coast Center 210,043 Heart of Texas Council of Governments 352,259 Hill Country Transit District 354,126 Kaufinan Area Rural Transportation 186,682 .-.Kleberg County Human Services 120,800 Lower Rio Grande Valley Development Council 253,141 Panhandle Community Services 638,087 Public Transit Services 231,366 Rolling Plains Management Corporation 244,135 Rural Economic Assistance League 244,767 Senior Center Resources and Public Transit,Inc. 184,913 South East Texas Regional Planning Commission 243,313 South Padre Island,Town of 165,165 South Plains Community Action Association,Inc. 354,827 SPAN,Inc. 174,182 Texoma Area Paratransit System 408,190 The Transit System,Inc. 224,914 Webb County Community Action Agency 185,758 West Texas Opportunities, Inc. 697,798 Total $ 12,831,694 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds in the amount of$255,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2007. - Mayor Becky Ames -