Loading...
HomeMy WebLinkAboutPACKET AUG 21 2007 �r City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 21, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute an amendment to the Interlocal Agreement with Drainage District No. 6 for the Hayes Gully Drainage Project B) Approve a change order related to the Convention and Visitor's Bureau Project C) Authorize the settlement of the claim of Elizabeth Wrighting as Parent and Guardian of a Minor, Quentaxia Wrighting D) Authorize the settlement of the claim of Aurora Hector as Parent and Guardian of a Minor, Ebony Johnson A Cl of Beaumont q • Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Director of Public Works MEETING DATE: August 21, 2007 AGENDA MEMO DATE: August 16, 2007 REQUESTED ACTION: Council authorize the City Manager to execute an amendment to the Interlocal Agreement with Drainage District No.6 for the Hayes Gully Drainage Project. RECOMMENDATION Administration recommends Council authorize the City Manager to execute an amendment to the Interlocal Agreement with Drainage District No. 6 for the Hayes Gully Drainage Project. BACKGROUND On June 13, 2006,the City Council approved an Interlocal Agreement with Drainage District No. 6 for the Hayes Gully Project. The City received a Flood Mitigation Assistance(FMA) Grant,in the amount of$2,089,500,from the Federal Emergency Management Administration for this project.The scope of work for the project includes the construction of a new outfall and various road crossing improvements.. Also included in the project, is the acquisition of eleven parcels. The City is responsible for the engineering, design, coordination, construction and construction management. Additionally,the City will be responsible for the relocation of city owned facilities and structures, if any. DD#6 will be responsible for obtaining an approved Environmental Assessment and acquisition of the eleven parcels. The City will reimburse the DD#6, from the FMA Grant, for their costs. The construction phase of the project was awarded by City Council on June 19,2007,to Excavators and Constructors. The City and contractor have 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 DD#6 and the City. DD#6 has agreed to install box culverts provided by the City at seven(7) road crossings. The City will provide backfdl material and resurface the roadways after the culverts have been installed. The proposed amendment to the Interlocal Agreement outlines these new responsibilities for each agency and is enclosed. BUDGETARY MPACT The City will reimburse DD#6 up to, but not to exceed$50,000 for labor and equipment. Funds are available from the FMA grant and Capital Program. 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 amendment to the Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Hayes Gull Drainage Project approved b City Council, Resolution No. 06-176, on June 13, Y 9 1 pp Y tY 2006. The agreement as amended 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 21st day of August, 2007. - Mayor Becky Ames - INTERLOCAL AGREEMENT Amendment to Original Dated June 14, 2006 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 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 City and the District have agreed to share the workload and cost of the Hayes Gully drainage improvement project on the following basis: 1. The District agrees to provide the manpower and equipment necessary to install seven (7) crossings associated with Hayes Gully. The City will reimburse the District up to, but not to exceed, $50,000 for labor and equipment needed to install crossings at Lucas, Tyler, Taylor, Wilson, Fillmore, Pierce and Buchanan. 2. There is a possibility that the Lucas, Tyler, Wilson and Fillmore crossings can be -redesigned to provide a cost savings in material and labor. The District will determine the feasibility of a redesign and be responsible for engineering and redesign of these four(4) crossings. 3. The other three (3) crossings will be constructed as shown on the Hayes Gully plans. 4. The City will provide all of the materials needed for these seven (7) crossings. 5. At the Tyler crossing (which also crosses Cleveland Street), a potential cost savings may be achieved by purchasing a vacant lot on the east side of Cleveland. EXHIBIT "A" Interlocal Agreement Amendment to Original Dated Ame 14,2006 Page 2 of 4 If the District does purchase this lot, the City will reimburse the District for the acquisition costs incurred. 6. The City will be responsible for coordinating all rip rap, concrete approaches and aprons. Any work the City may request DD6 to complete under this category, will be reimbursed to DD6 for labor and equipment. Ownership of Documents As related to Mitigation Plan Development, the Texas Water Development Board (TWDB) and FEMA Shall have unlimited rights to technical or other data resulting from the performance of services under this contract. It is agreed that all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this contract and developed by the Consultant shall become the joint property of the Consultant, the District, TWDB, and FEMA. These materials shall not be copyrighted or patented by the Consultant unless the EXECUTIVE ADM USTATOR of TWDB approves in writing the right to establish copyright or patent; provided, however, that copywriting or patenting by the Consultant will in no way limit TWDB's or FEMA's access to or right to request and receive or distribute data and information obtained or developed pursuant to this contract. Any material subject to TWDB or FEMA copyright and produced by the Consultant, TWDB, or FEMA pursuant to this contract may be printed by the Consultant, or TWDB at their own cost and distributed by either at their discretion. The Consultant may otherwise utilize such material provided under this contract as it deems necessary and appropriate, including the right to publish and distribute the materials or any parts thereof under its own name, provided that any TWDB or FEMA copyright is appropriately noted on the primed materials. State Auditor Clause By executing this Contract, the District accepts the authority of the State Auditor`s Office, under direction of the legislative audit committee, to conduct audits and investigations in connection with any and all state funds received pursuant to this contract. The DISTRICT shall comply with and cooperate in any such investigation or audit. The DISTRICT agrees to provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. The DISTRICT also agrees to include a provision in any subcontract related to this contract that requires the DISTRICT to submit to audits and investigation by the State Auditor's Office in connection with any and all state funds received pursuant to the subcontract. Financial Records The DISTRICT and its contracted parties shall maintain satisfactory financial accounting documents and records, including copies of invoices and receipts, and shall make them available Interlocal agreement.Amendment to Original Dated June 14,2006 Page 3 of 4 for examination and audit by the EXECUTIVE ADMINISTRATOR of the BOARD. Accounting by the DISTRICT and its contracted parties shall be in a manner consistent with generally accepted accounting principles. No Debt Against the State This SUBCONTRACT and Agreement shall not be construed as creating any debt by or on behalf of the State of Texas and the BOARD, and all obligations of the State of Texas are subject to the availability of funds. To the extent the performance of this SUBCONTRACT transcends the biennium in which this SUBCONTRACT is entered into, this SUBCONTRACT is specifically contingent upon the continued authority of the BOARD and appropriations therefore. Licenses,Permit, and Insurance For the purpose of this CONTRACT, the DISTRICT will be considered an independent DISTRICT and therefore solely responsible for liability resulting from negligent acts or omissions. The DISTRICT shall obtain all necessary insurance, in the judgment of the DISTRICT, to protect themselves, the CITY, the BOARD, and employees and officials of the BOARD from liability arising out of this CONTRACT. The DISTRICT shall indemnify and hold the BOARD and the State of Texas harmless, to the extent the DISTRICT may do so in accordance with state law, from any and all losses, damages, liability, or claims therefore, on account of personal injury, death, or property damage of any nature whatsoever caused by the DISTRICT, arising out of the activities under this CONTRACT. Task and Expense Budget Hayes Gully Ditch 0002 Project Task Budget Task 1 Admin Project Mgmt 0 Finalize engineering design and construction bid Task 2 documents 0 Task3 Project Construction $50,000 Total $50,000 To be shown as subcontract expense for City Expense Budget Salaries and Wages $20,000 Fringe& Overhead 7,500 Salaries and Wages(Contract) 0 Interlocal Agreement Amendment to Original Dated June 14,2006 Page 4 of 4 Subcontractor 0 Fuel 0 Equipment 22,500 ROW Land Acquision 0 Materials 0 Security Costs 0 Other Expenses 0 Total $50,000 Executed this day of , 2007. ATTEST: THE CITY OF BEAUMONT By: By: City Clerk City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 By: Sam O. Smith President B City Council Agenda Item M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, of Public Works MEETING DATE: August 21, 2007 AGENDA MEMO DATE: August 16, 2007 REQUESTED ACTION: Council approval of a Change Order for the Convention and Visitors Bureau. RECOMMENDATION Administration recommends authorizing the City Manager to execute Change Order No. 12 for the Convention and Visitors Bureau in the amount of$11,218.90. BACKGROUND On July 18,2006 a contract was awarded to H.B.Neild&Sons in the amount of$1,267,082 for the construction of the new Convention and Visitors Bureau located at the corner of McFaddin and Willow. Change Orders executed to date total $37,308.02 and have increased the contract 2.9%to $1,304,390.02. Minimal landscaping was included in the original project design. Upon review of the site and determining the type of plant materials needed to enhance the building,a price was requested from the landscaping subcontractor. Discussions with Mr. Michael Alford of Garden of Gethsemane Landscaping resulted in the decision to add more colorful and flowering plants as well as additional trees. The total amount of the Change Order is $11,218.90 or less than 1% of the contract amount. The new contract total will increase to $1,315,608.92. A copy of Change Order No. 12 is attached for your review. BUDGETARY IMPACT Funds are available in the Capital Program. CHANGE OWNER ❑ ORDER ARCHITECT ❑ CONTRACTOR ❑ AIA DOCUMENT G701 FIELD ❑ OTHER ❑ SEI Project#04-463 PROJECT: Beaumont Convention&Visitors Bureau CHANGE ORDER NUMBER: 12 (name, address) City of Beaumont DATE: August 13,2007 TO CONTRACTORP.O.Box 3827,Beaumont,Tx. 77704 ARCHITECT'S PROJECT NO: 04-463 (name, address) H.B.Neild&Sons,Inc. CONTRACT DATE: August 10,2006 P.O.Box 22555 Beaumont,TX 77720-2555 CONTRACT FOR: New Facility located at 505 Willow,Beaumont,Tx.77701 The Contract is changed as follows: The Garden of Gethsamane-landscaping Total Change Order $11,218.90 Not valid until signed by the Owner, Architect and Contractor. The original(Contract Sum)(Guar*weedA4wgfP m ee)was. . • . . . . . . .S 1,267,082.00 Net change by previously authorized Change Orders ... . . . .. . . . . . . . . . . . . . . . . . . . . . . .S 37,308.02 The(Contract Sum)( Imo)prior to this Change Order was. . . . .. . . . .S 1,304,390.02 The(Contract Sum)(C drart[t�d*ivttatitm�stt Attire)will be(increased)(dec4*awd) (tumtengeO by this Change Order in the amount of. .. .. . . . . . . . . . . . . . . . . . . . . . . .S 11,218.90 The new(Contract Sum) including this Change Order will be . .S 1,315,608.92 The Contract Time will be 0neressed)(demised)(unchanged)by ( )days The date of Substantial Completion as of the date of this Change Order therefore is August 15,2007 NOTE: This Summary doles not reflect changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized he Construction Change Directive. Sigma Engineers,Inc. H.B.Neild&Sons,Inc. City of Beaumont ARCHITECT CONTRACTOR OWNER 4099 Calder Avenue P.O.Box 22555 P.O.Box 3827 Address Address _5] Address Beaumont T Beaumont,TX 7 2555 Beaumont,TX 77704 :IV BY BY er DATE ugust 1 ,2007 D /3 r DATE CAUTION: You s ould sign an original AIA document which has this caution printed in red. CO An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 1981 EDITION • AIAe • DI-98" • THE AMERICAN INSTITUTE OF ARCHITECTS, I�iS NEVr YORK AVE.. NM.. WASHINGTON, D.C. ?(XNK) 6701-1987 WARNING:unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution, Y •, _,. �.. , r.�» -�A�i n .dti.7ii�GrC7 ilP.., r#iJJ d�-3420 1t1:88@3`T�2 - `�1iI11�Yr� SIGMA-E ERS INC. INGINEERS DMONERS 4099 Carder Avenue I Beaurnalk Tow dB t (409)996.1001 f PAX{40%a AUG 1 3 2007 Change R quest TO:Mrs, Brenta Beadle Capital PrQ1ec►Imager City of Beaumont P. G.Box 387 .Beaumont,Texas 77701 Ph:409,880-3718 Fax:409,880,3732 Ilescri 'o�: a MARAMIM The Garden of Gethsamane Landscaphn 10,199.00 Sub-Tara) 109✓o Contractor Fee $10,199.00 1,019:90 Teta1 Change RegncsE SX1s218.94 Submitted by: Pam Gore Sigm Engineers,Inc, Approved by: Date: " RESOLUTION NO. WHEREAS, on July 18, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-204 awarding a contract in the amount of$1,267,082 to H. B. Neild & Sons, Inc. for the construction of the Beaumont Convention & Visitors Bureau office building at 505 Willow; and, WHEREAS, Change Order Nos. 1 - 7 totaling $24,750.85 were taken from the Contingency Fund and did not change the original contract amount; and, WHEREAS, Change Order Nos. 8 &9 in the amount of$8,484.94 were authorized by the City Manager, thereby increasing the contract amount to $1,275,566.97; and, WHEREAS, Change Order No. 10 in the amount of $27,778.05 increased the contract amount to $1,303,345.02; and, WHEREAS, Change Order No. 11 in the amount of$1,045 was authorized by the City Manager, thereby increasing the contract to $1,304,390.02; and, WHEREAS Change Order No. 12 is required in the amount of $11,218.90 for the new landscape design, thereby increasing the contract to $1,315,608.92. 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. 12 in the amount of $11,218.90 for the new landscape design,thereby increasing the contract to $1,315,608.92. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August, 2007. - Mayor Becky Ames - c Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorneol---- MEETING DATE: August 21, 2007 AGENDA MEMO DATE: August 14, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Elizabeth Wrighting as Parent and Guardian of a Minor,Quentaxia Wrighting. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Elizabeth Wrighting as Parent and Guardian of a Minor, Quentaxia Wrighting. 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$15,000. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS, the claim of Elizabeth Wrighting as Parent and Guardian of a Minor, Quentaxia Wrighting, 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 Elizabeth Wrighting as Parent and Guardian of a Minor, Quentaxia Wrighting, in the amount of Fifteen-Thousand ($15,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August, 2007. - Mayor Becky Ames - D .l Cit y of Beaumont ~ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorneof-L-- MEETING DATE: August 21, 2007 AGENDA MEMO DATE: August 14, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Aurora Hector as Parent and Guardian of a Minor,Ebony Johnson. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Aurora Hector as Parent and Guardian of a Minor, Ebony Johnson. 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$8,000. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS, the claim of Aurora Hector as Parent and Guardian of a Minor, Ebony Johnson, 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 Aurora Hector as Parent and Guardian of a Minor, Ebony Johnson, in the amount of Eight-Thousand ($8,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August, 2007. Mayor Becky Ames - VWftWr c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 21, 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 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider rescheduling a public hearing on the tax rate 2. Consider approving a contract for the purchase of water treatment chemicals WORKSESSION * Review and discuss FEMA Trailer Issue 3. Consider approving an ordinance allowing for an additional sixty days for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired and allowing occupancy for an additional six-months for those occupants approved by City Council who have demonstrated progress on the repair or reconstruction of their homes 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 21,2007 Consider rescheduling a public hearing on the tax rate City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Office MEETING DATE: August 21, 2007 AGENDA MEMO DATE: August 15, 2007 REQUESTED ACTION: Council consider rescheduling a public hearing on the tax rate. RECOMMENDATION Administration recommends Council reschedule a public hearing on the tax rate to September 11, 2007 at 1:30 p.m. in the Council Chambers. BACKGROUND On August 14,2007,Council scheduled two public hearings on the tax rate to be held on August 28, 2007 and September 4, 2007. A work session has been planned for September 4, 2007 on the Proposed FY 2008 Budget and proposed tax rate. The citizens of Beaumont will be better served to have the public hearings on the tax rate after they have had an opportunity to attend the work session. For this reason, the public hearing that was originally scheduled for August 28, 2007 is being rescheduled to September 11, 2007. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, City Council adopted Resolution No. 07-236 on August 14, 2007, scheduling two (2) public hearings on the tax rate to be held on August 28, 2007 and September 4, 2007; and, WHEREAS, City Council considers the citizens of Beaumont will be better served to schedule the public hearings on the tax rate after they have had an opportunity to attend the work session on September 4, 2007, at 1:30 p.m. in the City Council Chambers located at 801 Main Street, Beaumont, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution No.07-236 be and the same is hereby amended to schedule the public hearings on the tax rate to be held on September 4, 2007 and September 11, 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 21st day of August, 2007. - Mayor Becky Ames - 2 August 21, 2007 Consider approving a contract for the purchase of water treatment chemicals CCity Council Agenda Item .,IN IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Offic MEETING DATE: August 21, 2007 AGENDA MEMO DATE: August 10, 2007 REQUESTED ACTION: Council consider a contract for the purchase of water treatment chemicals. RECOMMENDATION Administration recommends award of an annual contract to various vendors as reflected below for purchasing water treatment chemicals at the unit costs stated below with an estimated total annual expenditure of approximately$218,840. BACKGROUND Bids were requested for an annual contract for water treatment chemicals for use by the Water Utilities Department. The chemicals included in this bid are aluminum sulfate, fluorosilicic acid, aqua ammonia, and liquid polymer. These chemicals are used to disinfect and purify the water supply. Bid notices were provided to seventeen (17) vendors with eleven (11) responding with bids as indicated in the attached bid tabulations. The products of each bidder recommended for award meet all specifications. The contract provides for the vendors to furnish water treatment chemicals at the following fixed unit prices: Annual Contract for Water Treatment Chemicals August 10, 2006 Page 2 Vendor Chemical Est. Prior Current Bid Total Price Qty. Contract Price Price GEO Specialty Aluminum Sulfate 1,000 $147.00/ton $146.00/ton $146,000 Chemicals tons Little Rock, AR Univar USA Fluorosilicic Acid 65 $295.00/ton $396.00/ton $25,740 Dallas, TX tons Southern Ionics Aqua Ammonia 60 $473.22/ton $621.00/ton $37,260 Inc. tons West Point,MS Polydyne Inc. Liquid Polymer 12,000 $0.9450/lb $0.82/lb. $9,840 Riceboro, GA lbs. TOTAL ESTIMATED ANNUAL EXPENDITURE: $218,840 BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Department's operating budget. Annual Contract for Water Treatment Chemicals August 10, 2006 Page 3 BID TABULATION : ALUMINUM SULFATE VENDOR UNIT PRICE TOTAL PRICE per ton 1,000 tons GEO Specialty Chemicals $146/ ton $146,000 Little Rock, AR Altivia, Corp $154/ton $154,000 Houston, TX Southern Ionics Inc. $235 / ton $235,000 West Point, MS BID TABULATION : FLUOROSILICIC ACID VENDOR UNIT PRICE TOTAL PRICE per ton 65 tons Univar USA $396 /ton $25,740 Dallas, TX Harcros Chemicals $425 /ton $27,625 Pasadena, TX DXI Industries $428.40 /ton $27,846 Houston, TX BID TABULATION : AQUA AMMONIA VENDOR UNIT PRICE TOTAL PRICE per ton 60 tons Southern Ionics Inc. $621 /ton $37,260 West Point, MS Tanner Industries $995 /ton $59,700 Southampton, PA Annual Contract for Water Treatment Chemicals August 10, 2006 Page 4 BID TABULATION : LIQUID POLYMER VENDOR UNIT PRICE TOTAL PRICE per pound 12,000 pounds Polydyne Inc. $0.82/ lb. $9,840 Riceboro, GA Ashland, Inc. $0.85/ lb. $10,200 Greensboro, NC Nalco Company $0.95/ lb. $11,400 Naperville, IL Ciba Specialty Chemicals $1.10/ lb. $13,200 Suffolk, Virginia RESOLUTION NO. WHEREAS, bids were received for an annual contract to purchase water treatment chemicals for use by the Water Utilities Department; and, WHEREAS, the following vendors submitted bids at the unit costs shown below: Vendor Chemical Est. Prior Current Bid Total Price Qty. Contract Price Price GEO Specialty Aluminum 1,000 $147.00 / $146.00 /ton $146,000 Chemicals Sulfate tons ton Little Rock, AR Univar USA Fluorosilicic Acid 65 $295.00/ $396.00 /ton $25,740 Dallas, TX tons ton Southern Ionics Aqua Ammonia 60 $473.22 / $621.00 /ton $37,260 Inc. tons ton West Point, MS Polydyne Inc. Liquid Polymer 12,000 $0.9450 /lb $0.82 / lb. $9,840 Riceboro, GA lbs. TOTAL ESTIMATED ANNUAL EXPENDITURE: $218,840 and, WHEREAS, City Council is of the opinion that the bids submitted by the above vendors, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids submitted by the above vendors, for an annual contract to purchase water treatment chemicals for use by the Water Utilities Department in unit amounts shown above for an estimated total cost of $218,840 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of August, 2007. - Mayor Becky Ames - 3 August 21, 2007 Consider approving an ordinance allowing for an additional sixty days for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired and allowing occupancy for an additional six-months for those occupants approved by City Council who have demonstrated progress on the repair or reconstruction of their homes 1175 City Council Agenda Item �Z c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 21, 2007 AGENDA MEMO DATE: August 15, 2007 REQUESTED ACTION: Council consider passage of an ordinance allowing for an additional sixty days for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. Also, this ordinance would allow occupancy for an additional six-months for those occupants making progress on the repair or reconstruction of their homes. RECOMMENDATION Administration recommends approval of an ordinance allowing for an additional sixty days for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. Also, this ordinance would allow occupancy for an additional six-months for those occupants making progress on the repair or reconstruction of their homes. BACKGROUND In the wake of 2005's Hurricane Rita, FEMA provided temporary housing in the form of travel trailers. In Beaumont, travel trailers used as a residence are prohibited in neighborhoods as these dwellings rapidly depreciate in value and can adversely affect surrounding neighborhoods. However, the City Council approved an ordinance allowing the use of these FEMA trailers for six months and subsequent ordinances have been approved, extending the ordinance waiver until September 20, 2007. Almost two years since the storm, 169 FEMA trailers remain in the City of Beaumont. In some cases,repairs have been or are being made to the resident's home. However, in many cases, no repairs have been made and in some cases the original homes have been demolished. This proposed ordinance would allow all occupants to remain in the trailers for sixty days from the date of adoption of this ordinance. Those applicants who are making significant progress toward the repair or reconstruction of their homes could apply to the City Council for permission to remain in the travel trailers for an additional six-months. Significant Progress would be defined as actively working on the home,being in active litigation with an insurance carrier or applying to the City or the Texas Department of Housing and Community Affairs for disaster recovery funding. Each application for a six-month extension would be heard and reviewed by the City Council. Applications for an extension will be available in City Hall, Suite 205 - Planning Division, and online at www.cityofbeaumont.com. BUDGETARY IMPACT None. ORDINANCE NO ENTITLED AN ORDINANCE ALLOWING FOR, IN CERTAIN SITUATIONS OUTLINED HEREIN, THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR AND RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA; ESTABLISHING CRITERIA FOR SUCH SITUATIONS; PROVIDING FOR SEVERABLITITY; AND PROVIDING A PENALTY. WHEREAS, the City Council approved Ordinance No. 05-078, Ordinance No. 06-021, Ordinance No. 06-064 and Ordinance No. 07-026 allowing the parking use and occupancy of recreational vehicles or travel trailers as temporary housing during the period of repair or reconstruction of hurricane-damaged properties until September 20, 2007; and, WHEREAS, some property owners are still unable to occupy their residences but are making progress to do so; and, WHEREAS, some property owners are working to repair their residences, have applied for Disaster Recover Assistance, or are in active litigation with their insurance carriers; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Beaumont to offer six (6) month extensions to allow recreational vehicles or travel trailers to be occupied on residential property as temporary housing during the period of repair or reconstruction of hurricane-damaged properties if progress toward the repair or reconstruction is being made; and WHEREAS, the Council has determined that sufficient time has passed to allow for the repair of the hurricane damaged properties so that the recreational vehicles and travel trailers can be removed as temporary housing on residential properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT it is hereby permitted for an additional period of sixty (60) days from the effective date of this ordinance the parking, use, and occupancy of recreational vehicles or travel trailers on residential property as temporary living quarters by property owners while the repairs to the damage to these properties caused by Hurricane Rita is ongoing. Section 2. THAT it is hereby permitted that the Building Official of the City of Beaumont issue a permit to allow the occupancy of a recreational vehicle or travel trailer for a period of six (6) months, beyond the sixty (60) day period, on a residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired, provided that: (1) Application to the City Council for a six (6) month extension permit shall be made by the property owner to the Planning Manager of the City of Beaumont no later than October 16, 2007. (2) Application must be made with all necessary documentation to establish one of the following: a. Substantial work is currently being done under an active building permit issued by the City of Beaumont. b. Active litigation is underway with the property owner's insurance carrier. c. Application for Disaster Recovery Funds has been made to the City of Beaumont, Southeast Texas Regional Planning Commission or the Texas Department of Housing and Community Affairs and is approved or is pending approval. (3) The enforcing officer shall notify the applicant in writing when they are to appear before the City Council to show cause why said recreational vehicle or travel trailer should not be removed as temporary housing. Notice is to be served by delivery or by mail to the occupant at least ten (10) days prior to the scheduled City Council meeting where the application is to be heard. (4), If upon hearing the City Council finds that the owner is making sufficient progress toward the repair of the residence, based on documentation outlined herein. Section 3. It shall be unlawful for any person to park any such recreational vehicle or travel trailer used for the purpose of occupancy as temporary living quarters on any street, highway, alley, sidewalk, or other public place in the City of Beaumont. Section 4. That if any section, subsection, 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 invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That 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 on this the day of 12007. - Mayor Becky Ames -