HomeMy WebLinkAboutPACKET NOV 05 2007 tt7wjj
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 6, 2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointment
Allison Golias would be appointed to the Keep Beaumont Beautiful Commission. The term
would commence November 6, 2007 and expire November 5, 2009. (Councilmember Alan B.
Coleman)
Ryan Smith would be reappointed to the Convention and Tourism Advisory Board. The current
term would expire September 11, 2009. (Councilmember Alan B. Coleman)
Brooks Goodhue would be appointed as Chairman of the Community Development Advisory
Committee. The term would commence November 6, 2007 and expire November 5, 2008.
(Mayor Becky Ames)
A) Amend resolution#07346 to provide a three(3)year term for Steven Johnson, alternate
member to the Planning and Zoning Commission to commence October 30, 2007 and
expire September 8, 2009
B) Approve a bid to demolish the Coliseum at Fair Park
C) Approve the purchase of five (5)zero-turn radius mowers for use in the Parks and
Recreation Department
D) Approve a resolution amending authorized representatives for the Texas Local
Government Investment Pool (TexPool), a public funds investment pool
E) Authorize the City Manager to execute all documents necessary, specifically including a
License Agreement, in order for the Beaumont Police Department to continue to maintain
a Police Substation at Parkdale Mall
F) Authorize the City Manager to establish a Memorandum of Understanding with the
Salvation Army for food and refreshment support during evacuation operations
G) Authorize the City Manager to establish a Memorandum of Understanding with the
Beaumont Chapter of the American Red Cross for food and refreshment support at West
Brook High School and the Beaumont Civic Center during evacuation operations
H) Authorize the City Manager to maintain a facility agreement with the Beaumont Chapter
of the American Red Cross for their use of the Sterling Pruitt Activity Center as a
temporary shelter during disasters
I) Authorize the acceptance of an exclusive water line easement for fire hydrants to serve the
Preserve at Dowlen Apartments located off Old Dowlen Road
J) Authorize the settlement of the claim of Gloria Martinez a/n/f of Dalahia Martinez, a
Minor
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
Allison Golias Keep Beaumont Beautiful Commission 11/06/07 11/05/09
Brooks Goodhue,
Chairman Community Development Advisory Committee 11/06/07 11/05/08
THAT the following reappointments be made:
Beginning Expiration
Reappointment Commission of Term of Term
Ryan Smith Convention & Tourism Advisory Board 11/06/07 09/11/09
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
A
RESOLUTION NO.
WHEREAS, City Council adopted Resolution No. 07-346 on October 30, 2007,
designating Steven Johnson as an alternate on the Planning and Zoning Commission
effective 10/30/07 to 09/08/09; and,
WHEREAS, City Council wishes to appoint Steven Johnson to a three-year term;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Resolution No. 07-346 be and the same is hereby amended to appoint Steven
Johnson as an alternate member to the Planning and Zoning Commission for a three (3)
year term effective 10/30/07 to 09/08/09.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
B
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council approval of a bid to demolish the Coliseum at Fair
Park.
RECOMMENDATION
The administration recommends award of a bid to CST Environmental, Inc. of Houston, in the
amount of$24,800 for the demolition and removal of the Coliseum located at Fair Park.
BACKGROUND
Nine(9)bids were received on Thursday, October 25, 2007 for the demolition and removal of the
Fair Park Coliseum. The coliseum sustained significant roof damage during Hurricane Rita. It
was decided not to repair the facility after acreage surrounding the property was acquired by the
Beaumont Housing Authority for a residential housing development.
Bids were requested for the demolition and removal of the coliseum, seating, bleachers, concrete
foundation and perimeter fence. The bids received are as follow:
Vendor Location Price Completion Time
(Working Days)
CST Environmental, Inc. Houston $24,800 25
Coastal Demolition Beaumont $55,500 55
PRC Environmental, Inc. Pasadena $57,000 25
Pick Two Contractors Crosby $72,000 60
KMAC Construction San Antonio $96,400 40
D.H. Griffin of Texas, Inc. Houston $126,627 35
Demolition of Coliseum
October 29, 2007
Page 2
Vendor Location Price Completion Time
(Working Days)
Alamo 1 San Antonio $160,550 30
L& LS General Beaumont $350,000 120
Contractors, Inc.
K-T Construction Beaumont $362,000 90
Demolition will begin by the ls`of December and be completed within twenty-five (25)working
days. There is no Minority Business Enterprise participation since all of the work will be
performed by CST.
BUDGETARY IMPACT
The insurance claim settlement for damages to this structure totaled $389,600.42. Funds for this
expenditure are available from the insurance settlement.
RESOLUTION NO.
WHEREAS, bids were solicited for demolition and removal of the Coliseum at Fair
Park; and,
WHEREAS, CST Environmental, Inc. of Houston, Texas, submitted a bid in the
amount of $24,800; and,
WHEREAS, City Council is of the opinion that the bid submitted by CST
Environmental, Inc. of Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by CST Environmental, Inc. of Houston, Texas, for demolition and
removal of the Coliseum at Fair Park in the amount of$24,800 be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
c
N•.•• City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council consider the purchase of five (5) zero-turn radius
mowers.
RECOMMENDATION
Administration recommends the purchase of five (5) Exmark brand mowers at the unit prices
indicated below from Waukesha-Pearce Industries, Inc. of Houston through the BuyBoard
contract in the amount of$37,519.
BACKGROUND
The following Exmark zero-turn radius mowers will be used by Parks and Recreation
Department to maintain turf areas in City parks and at the Henry Homberg Golf Course:
Qty Description Location Unit Price Total Price
1 Exmark LAS28KA604 Golf Course $7,402 $7,402
60"cut deck, 28 HP engine
I Exmark LAS28KA724 Golf Course $7,722 $7,722
72" cut deck, 28 HP engine
3 Exmark LAS28KA604 Parks $7,465 $22,395
60" cut deck, 28 HP engine
with sunshade
TOTAL: $37,519
The Exmark mowers carry a two (2) year parts and labor warranty including the engine and
frame. Service work will be provided by Waukesha-Pearce. Delivery is expected within two
(2) weeks.
Purchase zero-turn radius mowers
November 6,2007
Page 2
The purchase will be made through the Texas Association of School Boards (TASB) BuyBoard
cooperative purchasing program. The Texas Local Government Purchasing Cooperative,
administered by TASB, complies with all State bidding statutes. Membership with BuyBoard
allows municipalities to purchase items from their contracted vendors.
BUDGETARYIMPACT
Funds are available in the Capital Reserve Fund for this purchase.
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 purchase five (5) Exmark
brand mowers from Waukesha-Pearce Industries, Inc. of Houston, Texas through the
BuyBoard contract in the unit amounts shown below for a total cost of $37,519. The
mowers are for the Parks and Recreation Department to maintain turf areas in City parks
and at the Henry Homberg Golf Course.
Qty Description Location Unit Price Total Price
1 Exmark LAS28KA604 Golf Course $7,402 $7,402
60" cut deck, 28 HP engine
1 Exmark LAS28KA724 Golf Course $7,722 $7,722
72" cut deck, 28 HP engine
3 Exmark LAS28KA604 Parks $7,465 $22,395
60" cut deck, 28 HP engine
with sunshade
TOTAL: $37,519
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
D
if%71
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council consider a resolution amending authorized
representatives for the Texas Local Government
Investment Pool (TexPool), a public funds investment
pool.
RECOMMENDATION
The administration requests approval of Kyle Hayes, City Manager, Laura Clark, Chief
Financial Officer and Kandy Daniel, Treasurer as authorized representatives for City of
Beaumont who are hereby authorized to transmit funds for investment in TexPool and are each
further authorized to withdraw funds from time to time, to issue letters of instruction, and to
take all other actions deemed necessary or appropriate for the investment of local funds.
BACKGROUND
The Texas Local Government Investment Pool (TexPool), a public funds investment pool, was
created on behalf of entities whose investment objectives in order of priority are preservation
and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.
TexPool was approved as investment alternative for the City of Beaumont on November 6,
1996. Kyle Hayes, Max S. Duplant and Kandy Daniel were set up as authorized
representatives for TexPool on November 12, 2002.
BUDGETARYIMPACT
None.
sAm
RESOLUTION AMENDING
AUTHORIZED REPRESENTATIVES
* t * z + s + + s s •
An hn Nmew!—r ,tar Fuh1w Fk-d,
WHEREAS, City of Beaumont(77823)
(Participant Name&Location Number)
("Participant")is a local government of the State of Texas and is empowered to delegate to a public funds
investment pool the authority to invest funds and to act as custodian of investments purchased with local
investment funds;and
WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide
for the preservation and safety of principal,liquidity, and yield consistent with the Public Funds Investment Act;
and
WHEREAS,the Texas Local Government Investment Pool("TexPool/Texpool Prime"),a public funds
investment pool,were created on behalf of entities whose investment objective in order of priority are
preservation and safety of principal,liquidity, and yield consistent with the Public Funds Investment Act.
NOW THEREFORE,be it resolved as follows:
A. That the individuals,whose signatures appear in this Resolution, are Authorized Representatives of
the Participant and are each hereby authorized to transmit funds for investment in TexPool/TexPool
Prime and are each further authorized to withdraw funds from time to time,to issue letters of
instruction,and to take all other actions deemed necessary or appropriate for the investment of local
funds.
B. That an Authorized Representative of the Participant may be deleted by a written instrument signed
by all remaining Authorized Representatives provided that the deleted Authorized Representative(1)
is assigned job duties that no longer require access to the Participant's TexPool/TexPool Prime
account or(2)is no longer employed by the Participant; and
C. That the Participant may by Amending Resolution signed by the Participant add an Authorized
Representative provided the additional Authorized Representative is an officer,employee,or agent
of the Participant;
List the Authorized Representatives of the Participant.Any new individuals will be issued personal identification
numbers to transact business with TexPool Participant Services.
1.Name Kyle Hayes Title City Manager
Signature Phone Number 409-880-3708
ORIGINALS REQUIRED TEX—REP
TexPool Participant Services-Lehman Brothers
600 Travis'.St,Suite 7200-Houston,TX 77002-I'vww.texnool.com-1-866-8347665
3/04
2.Name Laura Clark Title Chief Financial Officer
Signature Phone Number 409-880-3115
3.Name Kandy Daniel Title Treasurer
Signature Phone Number 409-880-3773
4. Name Title
Signature Phone Number
List the name of the Authorized Representative listed above that will have primary responsibility for performing
transactions and receiving confirmations and monthly statements under the Participation Agreement.
Name Kandy Daniel
Email kdaniel a)-ci.beaumont.tx.us Fax Number 409-880-3113
In addition and at the option of the Participant,one additional Authorized Representative can be designated to
perform only inquiry-of selected information. This limited representative cannot perform transactions. If the
Participant desires to designate a representative with inquiry rights only,complete the following information.
5. Name Title
D. That this Resolution and its authorization shall continue in full force and effect until amended or
revoked by the Participant,and until TexPool Participant Services receives a copy of any such amendment or
revocation. This Resolution is hereby introduced and ado ted by the Participant at its regular/special meeting
held on the 6th day November .20 01
NAME OF PARTICIPANT: City of Beaumont
BY.:
Signature
Becky Ames
Printed Name
Mayor
Title
ATTEST::
Signature
Tina Broussard
Printed Name
City Clerk
Title
This document supersedes all prior Authorized Representative designations.
ORIGINALS REQUIRED TEX—REP
T-Pool Participant Services•Lehman Brothers
600 Travis St.,Suite 7200•Houston,TX 77002•www.tex000l.com•1-866-839-7665
3/04
RESOLUTION NO.
WHEREAS, City of Beaumont ("Participant") is a local government of the State of
Texas and is empowered to delegate to a public funds investment pool the authority to
invest funds and to act as custodian of investments purchased with local investment funds;
and,
WHEREAS, City Council adopted Resolution No. 02-265 on November 12, 2002,
designating authorized representatives of the City of Beaumont to participate on behalf of
the Participant in the Texas Local Government Investment Pool; and,
WHEREAS, Participant needs to indicate changes in the authorized designated
representatives by amending Resolution No. 02-265 to so reflect.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT Resolution No. 02-265 be and the same is hereby amended to reflect the following
named employees as authorized representatives of the Participant:
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
Kandy Daniel, Treasurer
BE IT FURTHER RESOLVED that Nada Rogers, Deputy Treasurer, remain as
Authorized Representative to perform only inquiry of selected information and cannot make
deposits or withdrawals.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
E
City Council Agenda Item
M c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: November 6, 2007
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute all documents necessary, specifically including a
License Agreement, in order for the Beaumont Police
Department to continue to maintain a Police Substation at
Parkdale Mall.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute all documents necessary to
continue the Police Substation at Parkdale Mall.
BACKGROUND
The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately
thirteen (13)years. Attached is the License Agreement from Parkdale Mall.
BUDGETARY IMPACT
The total fee is one dollar($1.00).
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute all documents necessary to
continue a License Agreement between the City of Beaumont and Parkdale Mall for the
Police Substation located at Parkdale Mall. 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 6th day of
November, 2007.
- Mayor Becky Ames -
LICENSE AGREEMEN1
Revised: 06/26/2006
Central Files# 152
Project ID# 100-451
License ID#
Deal Type:Inline
Unit: H-848
Agreement Type:Renewal
THIS LICENSE is made this day of 200_,by and between PARKDALE MALL
LLC by CBL&Associates Management Inc..,its managing agent,("Licensor')and City of Beaumont,a(n)
Government incorporated in the state of TX,having offices at 225 College.Beaumont TX 77701 Atts Kyle
Hayes,Phone 409-880-3801 Fax 409-880--3844,("Licensee").
It is understood and agreed that this Agreement is,and is intended to be a License,granting the
Licensee permission to engage in certain acts upon the Licensor's premises,subject to the terms,
conditions and limitations set forth herein. Licensor does not grant Licensee any permanent interest in
Licensor's premises,land,building or other realty whatsoever,nor shall any other relationship between the
parties,including,but not limited to that of landlord and tenant be implied or created by virtue of this
Agreement. The License granted by this Agreement may not be sold,assigned,transferred,mortgaged,
pledged or transferred by Licensee.
In consideration of the agreements set forth herein the parties agree:
1. License Area: Licensee's rights,duties and obligations under this Agreement shall be limited
to the specific area containing approximately 799.88 square feet of floor area,as identified on Exhibit A,
attached hereto and made a part hereof("License Area"), in Parkdale Mall Beaumont TX,(The
"Shopping Center")located at 6155 Eastex Freeway„Suite 200,Beaumont,TX 77706-6797(Payment
remittance address: Parkdale Mall,LLC, P.O.Box 74942,Cleveland,OH,44194-4942).
Licensee shall have no right to use any other area of Licensor's premises,other than common areas open
to the general public.
2. Duration: Licensee's rights under this Agreement shall commence on the earlier of(a)
10/1/2007 or(b)the day Licensee opens(the"Commencement Date"),and shall end on 9/30/2008(the
"Expiration Date"),unless the License referenced in this Agreement is revoked earlier by Licensor.
Licensor shall not be liable to Licensee in damages or otherwise for any delay in the Commencement
Date,regardless of cause.
"Licensor or Licensee may revoke this License Agreement at any time,with or without cause,
and with sixty(60)days advance written notice.
3. Use: The License Area shall be occupied and used by the Licensee as approved by mall
management solely for the purpose of use of premises(Space H-848)as a police department
substation for shift changes report writing,phone work etc. The premises shall not be used as a
'fail. and for no other purpose whatsoever.
Licensee shall store and/or stock iu the License Area only such merchandise as Licensee is
permitted to offer for sale in the License Area pursuant to this License. Licensee shall not violate
applicable federal,state,and local laws prohibiting the sale or display of products,which infringe on the
trademarks or copyrights of others.
4. D B A:Licensee shall occupy and use the License Area under the trade name of Cicv ofof
Beaumont which shall not be changed without Licensor's prior written consent.
5. Fees: Licensee shall pay Licensor,without notice,demand or setoff,at the property office or
such other location as Licensor may specify,by terrified check or money order on or before the start
date of this agreement and on the first day of each month thereafter:
Unit Start Date End Date Fee Total Fee
(i)Minimum Fee(s): H-848 10/1/2007 10/1/2007 $1.00 $1.00
In addition to the Total Minimum Fee set forth above,Licensee shall pay to Licensor,the following fees
in accordance with the schedule set forth below:
EXHIBIT"A"
1
Description Fee Frequency Start Date End Date
Additional
Fees:
(ii) Intentionally Omitted
6. Damage Deposit: Licensee deposits herewith the sum of .due upon Licensee execution
unless otherwise noted Maived),as a damage deposit which shall be applied towards fees and other
charges shall be applied towards fees and other charges due under this Agreement and as a surety for the
performance by Licensee of the terms of this License under which Licensee may be in default or for any
sum which Licensor may expend by reason of Licensee's default in respect of any of the terms of this
License including any damages which may result to the License Area. Within thirty(30)days after the
expiration of the term of this License there shall be an accounting with payment to Licensor or
reimbursement to Licensee,as the case may be,of the aforesaid sum. In the event this License is
terminated,the damage deposit will be returned to Licensee after deducting any sums due Licensor.
If Licensee shall fail to make any payment to Licensor when due,Licensee shall pay Licensor a
late charge of$100.00 per day for so long as the failure continues. Licensee acknowledges and recognizes
that its failure to continuously operate during the Hours of Operation set forth in Section 32 for the
duration of the term of this Agreement will cause a loss of goodwill to Licensor by the Shopping Center's
customers and other uncertain damages to Licensor which are not easily ascertainable and Licensee
'.hereby agrees to pay Licensor$100.00 per day as liquidated damages,and not as a penalty,for any period
of noncompliance.
. -the Lieen5e At-cea faf less thaft atte ffienth-,Lieensee sh�l deliver to Licenser such wititt
3
The teem"Gross Sales"means-the _e ef all fnerehandise seld ei-delivered'
1'
-se E f11�f' f 1 of L latter,L shall e ..de(1)teturas and Lie
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E.lxl�saeh sales whieh is beth added 4e the selling priee and paid te the tffl6ag authefity b
Licensee t
..,,\ a ..,.1.._L I1
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efty order thetefere is secured er feeei-�,ed in the Lieense Afea,whether ei fiat such erdef is filled in th
Y telegraph, ,orden
yfaetiee and keep at its p±ineipal offiee address,aectffate beeks afaeeeunt and f-eeor-ds of Gross 9.1"
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❑efieiene 1 1'11 Y / LI i .�_L..11:____l._._i_-p_- i___ _
Pereertiage-Fee owed Licensor and the Fest C h
9. Relocation: Licensor reserves the right to move,relocate,adjust or substitute the License
Area,in Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as
to be least disruptive to Licensee's business operations.
1 D. Revocation: The License granted by virtue of this Agreement may be revoked by Licensor,
in Licensor's sole discretion for any reason,including,but not limited to the Specific Grounds for
Revocation as set forth in Paragraph 14 hereof,upon not less than twenty-four(24)hours notice to
Licensee. Licensee shall not be entitled to reimbursement or compensation for any purported damages
or losses sustained as the result of any such revocation by Licensor.
11. Insurance: Licensee shall,at its full cost and expense,procure and continue in force,
during the term of this Agreement,commercial general liability insurance including contractual liability and
property damage relating to the License Area covering any and all claims for injuries to persons or upon the
License Area. Such insurance shall be single limit coverage in an amount of not less than One Million
($1,000,000.00)Dollars. Licensee shall also carry Workers Compensation Insurance in the statutory
amount. Any insurance policies required hereunder shall name Licensor,and any designees of Licensor,
as an additional insured,and Licensee shall furnish evidence of such insurance coverage prior to
occupancy of the License Area.
11 Indemnity_ Starting on the date Licensee first uses or occupies the License Area,Licensee
shall indemnify and hold Licensor, its parents, subsidiaries and affiliates harmless from and against all
2
claims,actions,liens,demands,expenses,and judgments for loss,damage,or injury to property or persons
resulting or occurring by reason of the construction,use,or occupancy of the License Area by Licensee,
including all costs,expenses,and attorney foes.
13. Liability of Licensor. Licensor shall not be responsible or liable for,and Licensee hereby
expressly waives,all claims against Licensor for injury to persons or damage to Licensee's property on the
License Area,regardless of the cause. Licensee's property in the License Area or the Shopping Center
shall be there at Licensee's sole risk. Licensor,its agents, and employees shall not be liable for, and
Licensee waives,all claims for loss or damage to Licensee's business or damage to person or property
sustained by Licensee or any person claiming by,through or under Licensee resulting from any accident
or occurrence in, on, or about the License Area or any other part of the Shopping Center, including,
without limitation, claims for loss, theft, or damage resulting from (i) equipment or appurtenances
becoming out of repair;(ii)injury done or occasioned by wind or weather;(iii)any defect in or failure to
operate,for whatever reason,any sprinkler.,heating,or air-conditioning equipment,electric wiring or the
installation thereof,gas,water,or steam pipes,stairs,porches,railings,or walks;(iv) broken glass;(v)the
backing up of any sewer pipe or downspout; (vi) the bursting, leaking, or running of any tank, rub,
washstand,water closet,waste pipe,drain, or other pipe;(vii) the escape of steam or water; (viii)water,
snow,or ice being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks,
or any other place upon or near the Shopping Center;(ix)the falling of any fixture,plaster,tile,stucco,or
other material;(x)any act,omission,or negligence of other licensees or any other persons or occupants of
the Shopping Center or of adjoining or contiguous buildings,of owners of adjacent or contiguous property,
or the public,or by operations in the construction of any private,public,or quasi-public work;or(xi)any
other cause of any nature. To the maximum extent permitted by law,Licensee agrees to use and occupy
the License Area,and to use such other portions of the Shopping Center as Licensee is herein given the
tight to use,at Licensee's own risk.
14. Specific Grounds for Revocation:If, (a) Licensee fails to perform any of the terms,
conditions,or covenants of this License;or(b)in the event there shall be filed by,or against,Licensee in
any court pursuant to any statute,either of the United States or any State,a petition(i)in bankruptcy,(ii)
alleging insolvency, (iii) reorganization, (iv) appointment of a receiver, (v) any arrangement of the
bankruptcy acts, or a similar type of proceeding, or (c) Licensee fails to pay, when due, any payment
required hereunder,or(d)Licensee abandons or vacates the License Area;or(e)in the event of any other
default by Licensee;then in any such even:Licensee's rights hereunder shall cease and,Licensor may at
its option(1)have the right to immediately revoke and terminate this License,and upon demand Licensee
agrees to immediately surrender possession of the License Area to the Licensor; (2) make demand for
immediate payment of all current and future rent and any other monetary obligations due hereunder,(3)re-
enter the License Area and remove all persons and/or any property therefrom,by any suitable action or
proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If
Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licensor's rights
hereunder,Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect
to any litigation arising out of this License Agreement,Licensee hereby expressly waives the right to a trial
by jury and the right to file noncompulsory countersuit or crossclaim against Licensor.
15. Obligations Upon Revocation: Upon service of the notice required by above Paragraph 10,
Licensee shall:(a)remove all of Licensee's property,including,but not limited to inventory and trade
fixtures from Licensor's premises within the time period set forth in the notice;(b)upon demand of
Licensor,pay all current and future charges due under this Agreement;(c)reimburse Licensor for all
reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this
Agreement. Licensor's rights and remedies tinder this Agreement are cumulative and Licensoe's failure to
assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same.
16. Dana-e: This License shall be revoked automatically if any portion of the License Area
is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against
Licensor as a result of damage due to fire or any other peril.
17. Liability: There shall be no personal liability of Licensor with respect to this License. If
a breach by Licensor occurs,Licensee shall look solely to the equity of Licensor in the Shopping Center
for the satisfaction of Licensee's remedies.
18. Provisions: Licensor is or nay be a party to certain documents,as amended from time to
time, with a mortgagee or beneficiary of Licensor, department stores, mall tenants, and others. This
License is subject and subordinate to all the provisions in those documents,as amended from time to time.
19. Terms of Agreement This License contains all the covenants, promises, agreements,
conditions, and understandings between Licensor and Licensee. There are no other, either oral or
written,between them other than those set forth in this License.
20. Obligation upon Expiration: Upon the Expiration Date of this Agreement,Licensee shall
immediately remove all of Licensee's property,including,but not limited to inventory and trade fixtures
from Licensor's premises and otherwise return the License Area to the same condition as it existed at the
Commencement Date hereof. If Licensee shall fail to do so,Licensor shall be entitled to additional fees
equivalent to one hundred twenty-five percent(125%)of the total Minimum Fee specified in Paragraph 5
hereof,assessed in daily increments as one-thirtieth (1/30) of the total monthly amount. Licensee shall
3
also reimburse Licensor for any court costs and reasonable attorney fees incurred as the result of
Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof.
21. Liability of Licensor: The Leon "Licensor' means only the owner or mortgagee in
possession for the time being of the building in which the License Area is located or the owner of a
leasebold interest in said building and/or the land thereunder so that in the event of sale of said building
and/or an assignment of this License by Licensor, and/or a demise of said building and/or the land,
Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it
shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or
lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all
obligations of Licensor hereunder.
It is specifically understood and agreed that there shall be no personal liability of Licensor(nor
Licensor's agent,if any)in respect to any of the covenants,conditions,or provisions of this Agreement,in
the event of a breach or default by Licensor of any of its obligations hereunder,Licensee shall look solely
to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies.
In addition hereto, it is specifically understood and agreed that Licensee's rights, privileges,
duties, and obligations may be administered by Licensor's designee, including, but not limited to,
Licensor's agent,and that such designee shall have the full authority of Licensor hereunder to perform all
of Licensor's functions hereunder including, but not limited to, the execution of this License and any
other related documentation.
22. Non-Waiver Provision: The failure of Licensor to insist upon performance of any
of the terms,conditions,and covenants hereof shall not be deemed to be a waiver of any rights or remedies
that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms,
conditions,and covenants herein contained.
23. Binding Agreement This Agreement may not be modified in any manner other than by a
written agreement signed by Licensee and Licensor,or any successor,designee,or assignee of Licensor.
The terms, conditions and covenants set forth herein shall inure to the benefit of and be binding upon
Licensee and Licensor,or any successor,designee or assignee of Licensor.
24. Design Requirements: All costs and expenses (including permits or licenses)
attributable to the construction of the License Area by Licensee shall be borne by Licensee. Licensee
shall not commence construction of the License Area without first obtaining Licensor's approval of the
location and design,nor prior to the execution of this License. Design criteria for the construction of the
License Area are:
a. The kiosk/pushcart structure shall be limited to counter units with no overhead
obstructions that inhibit the visibility of tenants, licensees or other occupants in the
Shopping Center. Counter units shall not exceed 48"in height.
b. The kiosk/pushcart structure,if located in an open floor area,shall not be anchored into
the floor or other part of the Shopping Center structure. An area width of no less than
twelve feet (12'0") minimum shall be maintained on all sides of the kiosk/pushcart
subject to traffic flow.
C. Water service and special HVAC Systems are not available. Heating,venting,and Fire
Protection Systems shall be that which is provided to common areas in the Shopping
Center.
d. Design criteria for all signs to be utilized at the License Area, kiosk/pushcart size,
construction, finish materials, and special equipment shall be evaluated specifically for
each individual licensee. Licensee shall submit plans for Licensor's review and
approval prior to construction and shall include pictures of any existing units of
Licensee's.
C. Licensee shall prepare its plans and perform all work to comply with all applicable
governing statutes,ordinances,tegulations,codes,and insurance rating boards,and shall
apply for all necessary permits. Licensor's approval of Licensee's plans shall not
relieve Licensee of its obligation to complete the development in accordance with this
License,not does it relieve Licensee from complying with laws,rules,regulations,and
requirements of local governing authorities. Certificates of occupancy and waivers of
lien from Licensee's contractor,all subcontractors and material men shall be filed with
Licensor upon completion of work.
f Set up and tear down of kiosks/pushcarts shall take place when the Shopping Center is
not open for business, unless Licensor has agreed otherwise in writing. For in-line
space, set up may take place during mall hours,as long as it does not interfere in any
manner,including noise or dust,with mall business and the comfort of the patrons. A
black drape or equivalent,provided by Licensee,must be covering the entire storefront,
as to keep the interior design concealed until ready for business.
4
25. Permits:If there are any licenses,authorizations,or permits required by any governmental agency
or authority for the type of activity to be carried on at or for the use of the License Area,Licensee shall be
responsible for obtaining such. No unlawful activities shall be permitted in the use of the License Area.
The consumption or sale of alcoholic beverages on or from the License Area shall not be permitted.
26. Visual Merchandising Licensee shall comply with the visual merchandising standards of
Licensor. Licensee understands and agrees to implement visual merchandising recommendations of
Licensor and change visual merchandising presentation as requested by Licensor.
27. Qperating Requirements:Licensee shall observe all Operating Rules for the Shopping Center
and Licensee's occupancy therein which Licensor may promulgate from time to time,including but not
limited to:
a. Licensee shall use and occupy the License Area in a careful,safe and proper
manner and shall keep the License Area in a clean and safe condition in accordance
with this License,local ordinances,and the directions of public officers.
b. All signage located in and upon the License Area shall be approved by
Licensor prior to installation or placement. All signs,placards,banners,pennants,
or other advertising matter shall be prepared in a professional manner and in no
event shall be handwritten. Licensee shall display an approved sign depicting its
approved trade name.
Sign Criteria: Signs are to be furnished and installed by Licensee and
approved by an agent for Licensor. Licensee's sign contractor
or architect must submit a black and white rendering(specifying
PMS colors) of Licensee's sign prior to approval. Licensee's
sign shall be located within the limits of Licensee's storefront
and shall not project more than 8" beyond the storefront if the
Shopping Center is an enclosed mall, and not more than 12"
beyond the storefront if the Shopping Center is a strip center.
Sign Size:
Malls: -
Up to 30'storefront: Capitals 18"
Lower Case 12"
30'-1"and greater: Capitals 24"
Lower Case 18"
Strip Centers:
Up to 30'storefront: Capitals 24"
Lower Case 18"
30-1"and greater: Capitals 30"
Lower Case 24"
The length of Licensee's sign shall be limited to 70% of Licensee's
storefront.
C. Licensee shall not display merchandise on or outside the boundaries of the
kiosk/pushcart structure. The outside areas immediately adjoining the License Area
shall be kept clear at all times by Licensee,and Licensee shall not place not permit
any obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas.
d. All loading and unloading of goods shall be done only at such times,in the
areas,and through the entrances designated for that purpose by Licensor.
e. All garbage and refuse shall be kept in the kind of container specified by
Licensor,and shall be placed and prepared for collection in the manner and at the
times and places specified by Licensor. If Licensor shall provide or designate a
service for picking up refuse and garbage,Licensee shall use same at Licensee's
cost. Licensee shall pay the cost of removal of any of Licensee's refuse and
garbage,and maintaua all common loading areas in a clean manner satisfactory to
the Licensor. Licensee shall use any trash compactor Licensor provides for the
general use of Licensee or licensees in a designated area of the Shopping Center.
Notwithstanding the foregoing provision, if Licensee qualifies as a generator of
medical waste, then Licensee shall be solely responsible for causing compliance
with all federal, state and local laws, whether existing now or established in the
future, relating in any way to the storage, containment, treatment, transfer,
transportation and disposal of medical waste(including the use of licensed medical
waste management companies), and shall hold Licensor harmless for Licensee's
noncompliance or violations thereof For purposes hereof,"medical waste"means
any solid, semisolid or liquid waste,which is generated in the diagnosis,treatment
(e.g.,provisions of medical services)or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing of biologicals.
5
"Generator" means any person or entity whose act or process produces medical
waste as hereinbefore defined.
f No loudspeakers, televisions,phonographs, cd players,DVD players, cassette
players,radios,flashing lights,or other devices shall be used in a manner so as to be
heard or seen outside of the License Area. No electronic or communication devices
shall be used in the License Area or in connection therewith which interrupt or
interfere with the use and enjoyment of electronic or communication devices of
other occupants of'the Shopping Center or of the neighborhood in which the
Shopping Center is located.
g. Licensee shall not conduct or permit any fire, bankruptcy, relocation,
liquidation,retirement,moving,auction,or"going out of business" sale (whether
real or fictitious) in the License Area,or utilize any unethical method of business
operation. Licensee shall not use the License Area as a clearance, outlet or
wholesale center.
h. Licensee shall not carry on any trade or occupation or operate any instrument
or equipment, which emits an odor or causes a noise discernible outside of the
License Area.
I. Licensee shall not distribute any handbills or other advertising matter in the
Shopping Center or on automobiles parked in the parking areas of the Shopping
Center.
j. Licensee and Licensee's employees shall not park their cars in those portions
of the parking area designated for customer parking by Licensor. If Licensee or
Licensee's employees'park in portions of the parking area designated for customer
parking,Licensor may,in addition to its other remedies,have such cars removed at
Licensee's expense.
k. Licensee and Licensee's employees shall maintain a neat and appropriate
appearance and dress,and are expected to operate in a dignified,ethical,manner.
1. Licensee shall display its customer sales return policy.
m. Licensee shall not permit loitering at the License Area.
n. Licensee shall furnish Licensor with emergency telephone numbers and a
forwarding address.
o. Due to the lack of on-site storage facilities,acquisition of outside storage shall
be Licensee's responsibility.
P. Licensee shall be solely responsible for policing its location against theft,loss,
or damage to its kiosk/pushcart and/or merchandise. Under no circumstance shall
Licensor be held liable for such theft,loss,or damage.
28. Conduct: Licensee shall at all times during its occupancy of the License Area
provide sufficient supervision and maintain adequate control of its employees,guests,and invitees.
29. Removal: Licensee shall at the Expiration Date or earlier revocation of this
License remove its goods and effects,repair any damage caused by such removal,and peaceably yield up
the License Area clean and in good order, repair, and condition. Personal property of Licensee not
removed within two (2) days of such Expiration Date or earlier revocation shall become the property of
Licensor,at Licensor's option without liability to Licensee therefore.
30. Conduct and Alterations: Licensee shall not harm the License Area, commit waste,
create nuisance,make any use of the License Area which is offensive in Licensor's sole opinion,nor do
any act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or
additions to the License Area,not permit the making of holes in the walls,partitions,ceilings,or floors,nor
permit the painting or placing of exterior signs,placards,or other advertising media,banners,pennants,
awnings, aerials, antennas, or the like in or on the License Area, without the prior written consent of
Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws,
ordinances,orders,and regulations affecting the use or occupancy of the License Area.Licensee shall not
violate applicable federal and state laws pro;ubiting the sale or display of products,which infringe on the
trademarks or copyrights of others.
31. Condition of License Area: Licensee has inspected the License Area,and accepts it"as
is" with no representation or warranty by ]Licensor regarding the condition of the License Area or its
suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the License Area
unless the obligation is set forth in this License.
6
32. Hours of Operation: The License Area shall remain open for business at all times
designated by Licensor. Licensee shall operate in the entire License Area continuously and
uninterruptedly while this License is in effect,and in a fast class manner.
33. Hazardous Material: Licensee shall not cause or permit any hazardous material to be
brought upon,stored,kept,used,or discharged on or about the License Area,
34. Access to License Area: Licensor may enter the License Area at any time.
35. Condition of License Area Licensee shall maintain, at its sole cost and expense, the
License Area in good condition and make all necessary replacements and repairs to the License Area except
for structural repairs. In addition to all other remedies of Licensor,if Licensee does not complete its
obligations to repair and maintain the License Area,or if Licensor,in the exercise of its sole discretion,
determines that emergency repairs are necessary,or repairs or replacement of any portion of the License
Area or the Shopping Center are made necessary by any act,omission,or negligence of Licensee or its
agents, employees, contractors, or assignees, then in any such event, Licensor may make such repairs,
maintenance, or replacements without liability to Licensee for any loss or damage that may accrue to
Licensee,its merchandise,fixtures,or other property,or to Licensee's business by reason of such repair,
maintenance,or replacement. Upon completion of any such repair,maintenance,or replacement Licensee
shall pay upon demand, as additional fees, Licensor's costs for making such repairs, maintenance, or
replacements together with Licensoe's administrative costs related thereto which amount shall equal 1.5
times the total cost of the repair,maintenance,or replacement. Furthermore,Licensee shall immediately
notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent to the
License Area.
36. Confid_ e_n iahty: Licensee and its agents and employees shall keep and hold in strict
confidence all of the terms of this License Agreement including but not limited to: the amount and/or
manner of payment of fees and all items of additional charges including the formulations thereof,the use of
the License Area;the duration of the license;and all other terms and conditions herein.
37. Nonprohibited Transaction Representation: Licensee hereby represents and warrants
to Licensor that Licensee is not,and shall not become,a person or entity with whom Licensor is restricted
from doing business with under regulations of the Office of Foreign Asset Control ("OFAC") of the
Department of the Treasury(including,but not limited to,those named on OFAC's Specially Designated
and Blocked Persons list)or under any statute,executive order(including,but not limited to,the September
24,2001,Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit,
Threaten to Commit,or Support Terrorism'),or other governmental action and is not and shall not engage
in any dealings or transaction or be otherwise associated with such persons or entities.
IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year fast above
written,each acknowledging receipt of an executed copy hereof
LICENSOR:
PARKDALE MALL LLC by CBL&
Associates Management_Inc. managing agent
By:
Print Name Kurt Lundgreen
Its:Authorized Signatory
Date:
LICENSEE:
City of Beaumont
74-W000278
Print Name: Kyle Hayes
Its:
Date:
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PARKDALE MALL
BEAUMONT•TEXAS EXHIBIT 'A'
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council approve the City Manager to establish a
Memorandum of Understanding with the Salvation Army
for food and refreshment support during evacuation
operations.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
During evacuation operations, Salvation Army has verbally agreed to provide some snacks and
refreshments to first responders working at the Assembly Points and traffic control points along
the evacuation route. This community partnership reduces the load on first responders during
evacuation when manpower is often at a premium. The written agreement would formalize this
support.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a Memorandum of Understanding
(MOU) between the City and the Salvation Army to provide food and refreshments to first
responders working at the Assembly Points and traffic control points along the evacuation
route during evacuation operations. 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 6th day of
November, 2007.
- Mayor Becky Ames -
Statement of Understanding between the Salvation Army and
the City of Beaumont
This is a Statement of Understanding entered into by the City of Beaumont on behalf of the
Office ol'Emergency Management, Beaumont, 'Texas and the Beaumont Chapter of the Salvation
Army as of the signatory date. 'I'his statement shall not be supplemented, amended, or modified
except on the express written agreement of both parties.
Mission of the Salvation Armv
The Salvation Army provides relief to victims of disaster., hard times and those in need,
Purpose
When an emergency arises. there are many and various agencies required in maintaining, the well
being of the community. With this agreement, the Salvation Army will partner with the efforts of
the Emergency Management of Beaumont. "Fexas as they respond to an evacuation and or
catastrophic event of the city.
Expectations from the Emergency Management of Beaumont, Texas
flie Emergency .Ntanagement ofl3caurnont. Texas will notify the Salvation Army when the need
kinses I6r the City of Beaumont to evacuate its citizens.
• Estimate the number of`people: who will need assistance from the Salvation Army.
• Provide specific information required to identify support needs for the six Assembly sites
and traffic control points established along the evacuation routes,
• Nlaintain as current list of phone numbers and name ot'point of contract that can be reached
24,,'T
• Submit a tentative listing of locations for Assembly Sites and Evacuation Route '(raffic
Control Points. (attached)
Expectations of the Salvation Army, Beaumont Chapter
When called upon by the Emergency lManagement of Beaumont, Texas to assist in an
evacuation, the Salvation Army will:
• Initiate a refireshment and/or food distribution route for designated Assembly Sites and
Evacuation ROULeTraffic Control Points during the City of Beaumont's Evacuation
Operational Period.
• Maintain the flood and refreshment distribution wvlth volunteers and staff of the Salvation
Periodic lkevie+v
Representatives or Salvation Ariny and the Emergency Management of Beaumont. Texas will,
on an annual basis, on or around & anniversary date 'of this agreement,jointly evaluate progress
EXHIBIT "A"
in the implementation of the Statement of Understanding and revise and develop new plans or
goals as appropriate.
Term of Statement of I Triderstanding
Hils Statement of Agreement is effective immediately upon signature by all parties and
remain in effect until November 30, 20122. Eariv termination sti 11 occur only after one party
notifies the other party. in writing 30 days in advance requesting terrilination. Six months prior to
scheduled termination, the parties shall meet to review the progress and success of`the SOLI and
determine whether it shall be extended fOT an additional five Years. In no event shall anti
extension ofthe SO(I be for a period exceeding live years.
Signatures
Kyle Flayes
Tlorian, Estrada
City Manager. Director
Beaumont. Texas Beaurnont Chapter. Salvation Army
Date Date
Tim Ocnaschek Barbara Lada,,
Erneroency Management Coordinator Fmergency N-lanagement Coordinator
Beaumont, Texas Bea urno nt'Chapter, Salvation Army
Date Date
G
VOW
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council approve the City Manager to establish a
Memorandum of Understanding with the Beaumont Chapter
of the American Red Cross for food and refreshment
support at West Brook High School and the Beaumont
Civic Center during evacuation operations.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
During evacuation operations, the Beaumont Chapter of the American Red Cross has verbally
agreed to provide some snacks and refreshments at our two evacuation points, West Brook High
School and the Beaumont Civic Center, while the facilities are open. First responders and
evacuees at those sites would have continual support. This community partnership reduces the
load on first responders during evacuation when manpower is often at a premium. The written
agreement would formalize this support.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a Memorandum of Understanding
(MOU) between the City and the Beaumont Chapter of the American Red Cross to provide
food and refreshments to first responders and evacuees at West Brook High School and
the Beaumont Civic Center during evacuation operations. 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 6th day of
November, 2007.
- Mayor Becky Ames -
Statement tatement of Understanding between the American Red Cross
and the City of Beaumont
This is a Statement of Understanding, entered into by the City of Beaumont on behalf of the
Ot7fice of FnleTgency NJanagement. Beaumont, Texas and the Beaumont Chapter Of the
American Red Cross as of the signatory date. This statement shall not be supple rented,
amended, or modified except oil the express .%.rltten agreement of both parties.
:Mission of the American Red Cross
The American Red Cross, to humanitarian organization led by volunteers and guided by its
c0ligressional charter and the Fundamental Principles of'Lhe International Red Cross and Red
Crescent Mo\cuncrit. ),N ill provide r%ljcfto victims of disaster and help people prevent, prepare
tor and respond To emergencICS,
Purpose
\Vhen an emergency arises, there are many and various agencies required in maintaining the well
being ofthe community. With this agreement. the American Red Cross x`111 partner ,�vith the
efforts of the Lrnergenc\, Management ofBeaurriont, TX as they respond tta all evacuation and or
catastrophic c\cnl cif the CnN.
Expectations from the Emergency Management of Beaumont, TX
The Frnerggenc% NIanagenient of Beaumont, -I-exas will notify the American Red Cross when the
need arises t'or evacuation centers to be cantecried. A projected estimate of the number of Duple
4, ho %,ill need assistance will he given it) the Red Cross along kith any particular infori-nation
titIiich might be re+111-ed to Fully stock a canteen,
The F.mergencv \,lanagenient of the City of Beaumont will also provide security to each
American Red Cross locaticin aOich has been established by request of Eraser gency 1-1anagement.
llro ide phone numbers and name of paint ofcontact that can be reached 24 7
Provide as listim, oflocations for Jmergency Operation Centers and evacuation sites.
Expectations of the American Red Cross, Beaumont Chapter
When called upon by the Emergcney Management ofBeaLlmont, Texws to a-ssist in an
evacuation, the American Red Cross �ti d I respond by making light lbods (not meals) and water
axailable to c riser gency personnel at the eva
cuation centers to which ARC members are deployed
and N\ater a\ai lable to the evacuees at those same centers, The food and water shall be
maintained by the volunteers and staff'ofthe -,\merican Red Cross.
It is understood that the current plan Is to have ttvo evacuation centers, one at Westbrook I ligh
School and one at the l3caL11110111 Civic Center. Flie American Red Cross ",III canteen either or
both places as needed,
H le 1-Ninerican Red Cross, BeaLllnont Chapter will also provide qualified members to be stationed
within the Enicruency Operation Center of the Emer
genvy Management of Beaumont, Texas.
EXHIBIT "A"
The EOC %N ill provide its own food and %vater. In a %vorst case scenario, should that food and
wN,ater not be available theta merican Red Cross %vill provided food and %vater to emergency
personnel within the FIOC.
Periodic Review
Representatives ol'American Red Cross Disaster Services and the Emergency Management of
Beaurriont, Texas wvill, on an annual basis, on or around the anniversary date'of this agreement,
Jointly evaluate prooress in the iniplenientation of the Statement of Understanding and revise and
L-
develop new plans or goals as appropriate.
Term of Stattment of Understanding
I his Statement ot'Agreernent is 01'eclive immediately upon signature by all parties and will
remain in C1-1'CCt until No\cynbcr 30, 2012, Earik termination NN ill OCCUr onl-, after one part,
notifies the other part,, in writing 30 day's in advance requesting terminatioil. Six months prior to
scheduled termination. the parties shall meet to review the progress and success of the SOU and
dclermine Miether it shall be extended for an additional five years.. In no event shall an\,
extension of the SOU be for a period exceedintl five years.
Signatures
Kyle Haves Jo Ann Block
()tv klanager. Executiv-e Director
Beaumont, -I'exas Beaumont Chapter, American Red Cross
Date Date
'Firn Ocnaschek Donna L. Ferchak
I;jTier&,encv -Management Coordinator Director of Programs and Services
Beaumont, 'I exas Beaumont Chapter, American Red Cross
Dale Date
H
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council approve the City Manager to maintain a facility
agreement with the Beaumont Chapter of the American Red
Cross for their use of the Sterling Pruitt Activity Center as a
temporary shelter during disasters.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
Since June 9, 2001, an informal agreement has been established with the Beaumont Chapter of the
American Red Cross to provide them space for establishing a temporary shelter for our residents
in need during an emergency or disaster at the request of Emergency Management. Red Cross
provides the staffing, food and supplies but needs the availability of a facility. This agreement was
used most recently during Hurricane Humberto when Red Cross provided sleeping arrangements
and feeding for over twenty five people who were without shelter. This community partnership is
critical to maximizing citizen support during all hazard emergencies or disasters. Approval will
formalize this support.
BUDGETARY IMPACT
None.
FACILITY AGREEMENT BETWEEN AMERICAN RED CROSS
AND THE CITY OF BEAUMONT
Facility: Sterling Pruitt Activity Center
2930 Gulf
Beaumont, Texas 77703
This agreement is made and entered into between the City ol'Beaumont on behall'of the
Sterling Pruitt Center and the Beaumont Chapter ofthe American Red Cross (collectiveiN
-the Parties") in order to provide physical facilities to support the American Red Cross in
the event of,an emergency or disaster upon request ofthe Beaumont Office of Firiergency
Management.
A, As such, tile City of'Beautyloni (hereafter referred to as "Owner,'Operator") a
grees to:
1. Provide facilities. approximately 15,000 square feet, ki-imvil as Sterling Pruitt
('enter located at 2930 Gulf, Beaumont. Texas 77703 f-()r the sure of$0,00.
beginning immediately upon signatures by all parties. Thirty days prior written
notice is required should Ownen'Operator need to terminate this Agreement for
any reason,
2
.: , Provide support to access appropriate telec ommunicati oils resources. The
installation, maintenance and removal costs of radios, telephones and related
automation equipment will be borne by the American Red Cross.
3, Provide support to access utilities and other resources. Indicate which party
xvill be responsible for the cost ofthe following utilities, on a prorated basis, fo'r
utilities actualiv used during the time oflZed Cross' facility use:
W'ater: American Red Cross 11:1ectricity: American Red Cross Gas:
American Red Cross Furnishings: American Red Cross
4. A separate agreement must be executed between the Parties l'or use and or
reimbursement for any other 0-,vner/Operator services, including, but not limited
to. personnel_
13. Red Cross agrees that,
1. The facility/Property will be returned to the Owner""Operator in the same
condition as it NNas x�vhen occ tip i edJacquired. Normal wear and tear is considered
to be the responsibility ofthe O,u%jier/Operator.
2, The Beauniont (--'Iiapt,,-r ofthe Arnerican National Red Cross agrees to defiend,
hold harmless and indemnify tile Owner"Operator against any legal liability in
respect to bodily injiUry, death and property damage to the extent arising from the
I
EXHIBIT "A"
sole negligence of the said Unit or Chapter during its use under this Agreement of
the property belonging to the OwneriOp
.crator.
3. Reimbursement: The financial obligation to the Red Cross, undertaken in this-
Agreement. for reirribursement of the Okricr shall include reasonable
reimbursement incurred for direct operational expenses, including the
replacement cif"food, supplies. equipment and/or property consumed, damaged or
stolen. and for repairs f6r damages caused by, or incidental to, the use ofthe
facilities by Red Cross. Storm damage or other damage caused by the declared or
undeclared e ,cnt is specifically, excluded.
C. Both of the above named Parties agree to the following:
I- No modifications or chanizes +N fl] he made to the Facility/Property by the Red
Cross NWI'Out tile express written appro%-al ofthe ONN-nerl,"Operator.
Prior to OCCUpancy. representatives ofboth Parties will inspect the
Fdcility,'Property and will note any discrepancies and/or concerns on the
inspec t ion form that xvill be pro
vided by the Red Cross,
3. Prior to vacating the- Faci I i tyl`Prope rty, representatives of both Parties will
again inspect the FacilityiProperty to note any discrepancies and/or concerns on
the release form that "-III be pro\ided bVr the Red Cross- Normal wear and tear is
considered to be the responsibility of the. Owner"'Operator.
4, Prior to occuparicy, representatives of'both Parties will document the food and
supplies inventory.
Prior to vacating tile facility' re prescritatives of both Parties will document the
food and supplies used by, the Red Cross, The Red Cross agrees to replace or
reimburse Sterling Pruitt Center for any floods or supplies that may be used by the
Red Cross in the conduct of its relief activities in said Facility``Property.
6. Other pro\�Isions as follows.- Not Applicable,
D, Contact persons,'agents for both Parlies will be provided, Additional contact
11
information may be included on a separate page and attached to this agreement:
F. The ,\rrier-ican National Red Cross is a tax-eNernpt organization and generally Is 1101
subject to federal, state or local taxes.
la. ']'lie Facility Agreement will be rcr iek,.ed every three years from the effective date.
IN NVITNESS WHEREOF, the parties hereto have executed this agreement on the dates
shOWn below. Said agreement shall tv effective and operative on the date the last
signature is affixed hereto.
Signatures to the Agreement:
...............
signatUre 0',vner,Operator or Agent Signature of Red Cross Representative
Kyle I laYes, CitN N'lanager Donna I— Ferchak,
0tv of Beauniont Director of'Prograrns and Services
Beauniont Chapter
Contacts Addendum
3
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an agreement with the Beaumont
Chapter of the American Red Cross for their use of the Sterling Pruitt Activity Center as a
temporary shelter for evacuees during an emergency or disaster. 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 6th day of
November, 2007.
- Mayor Becky Ames -
.00kV 1
..°...
City Council y cil Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of
an exclusive water line easement for fire hydrants to serve
the Preserve at Dowlen Apartments located off Old Dowlen
Road.
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
APSHV Investment Partners III, L.P., has agreed to convey an exclusive ten foot (10') wide water
line easement to the City of Beaumont. The easement is located off Old Dowlen Road and will
provide mandatory access far fire prevention services for the fifteen (15) acre subdivision to be
known as the Preserve at Dowlen Apartments. The easement would also allow for the
construction, alteration, operation and maintenance of the said water line and its appurtenances:
1. being a ten foot(10') wide exclusive water line easement out of the A. Duwe
Survey [Abstract 459] and the F. Bigner Survey [Abstract 1].
BUDGETARYIMPACT
None.
engpreserve_dowlen-ib.wpd
31 October 2007
EXHIBIT "A", Page 1 of 5
CENTERLINE DESCRIPTION
FOR A
10-FOOT WIDE WATER LINE EASEMENT
OUT OF THE
A. DUWE SURVEY, ABSTRACT 459
AND THE
F. BIGNER SURVEY, ABSTRACT 1
JEFFERSON COUNTY, TEXAS
AUGUST 17, 2007
REVISED: OCTOBER 25, 2007
A centerline description for 10-foot wide water line easement (a portion being 5 feet on each
side of the centerline and a portion being 6 feet on the north side and 4 feet on the south side of
the centerline) out of the A. Duwe Survey, Abstract 459 and the F. Bigner Survey, Abstract 1,
Jefferson County, Texas, and being out of a called 15.00 acre tract conveyed to APSHV
Investment Partners III, L.P. as recorded in Clerks File No. 2007015180 of the Official Public
Records of Jefferson County, Texas, said centerline description being more particularly
described by metes and bounds as follows:
Note: The Basis of Bearing is along the east right-of-way line of Old Dowlen Road and the west
line of the said 15.00 acre tract having been called North 02 051'22"West 648.77 feet.
COMMENCING at a %2" iron rod found in the east right-of way of Old Dowlen Road for the
northwest corner of a 20' utility easement conveyed to the City of Beaumont as recorded in
Volume 2396, Page 41 of the Deed Records of Jefferson County, Texas and the said 15.00
acre tract;
THENCE North 86°42'12" East along the north line of the said 20' utility easement and the said
15.00 acre tract a distance of 20.00 feet (called North 86 042'12" East) to a point for comer;
THENCE South 02 051'22" East along the east line of the said 20' utility easement a distance of
25.42 feet to the POINT OF BEGINNING of Line A, a 10-foot wide water line easement (5 feet
on each side);
THENCE North 85°21'47" East along the centerline of said Line A a distance of 13.48 feet to the
POINT OF BEGINNING of Line B, a 10-foot wide water line easement (5 feet on each side),
from which the POINT OF TERMINATION of Line B bears South 03 017'48" East 28.59 feet;
THENCE North 85 021'47" East continuing along the centerline of said Line A a distance of
81.74 feet to an angle point;
THENCE North 34 042'50" East continuing along the centerline of said Line A a distance of
23.08 feet to an angle point;
THENCE North 86°42'12" East continuing along the centerline of said Line A a distance of
261.65 feet to the POINT OF BEGINNING of Line C, a 10-foot wide water line easement (5 feet
Fittz&Shipman, Ine-
Project No. 06883.wtresmt
Plat&Description
EXHIBIT "A", Page 2 of 5
on each side), from which the POINT OF TERMINATION of Line C bears South 03 017'48" East
51.27 feet;
THENCE North 86 042'12" East continuing along the centerline of said Line A a distance of
393.78 feet to the POINT OF BEGINNING of Line D, a 10-foot wide water line easement (5 feet
on each side), from which the POINT OF TERMINATION of Line D bears South 03017,48" East
22.85 feet;
THENCE North 86 042'12" East continuing along the centerline of said Line A a distance of
103.39 feet to a point for corner;
THENCE South 03°17'48" East continuing along the centerline of said Line A a distance of
144.41 feet to a PC of a curve;
THENCE continuing along the centerline of said Line A with a curve to the left having a chord
bearing of South 17 033'17" East, a chord distance of 61.59 and a radius of 586.33 feet, a
distance along the curve of 61.62 feet to a point for a reverse curve;
THENCE continuing along the centerline of said Line A with a curve to the right having a chord
bearing of South 16 001'34" East, a chord distance of 34.66 and a radius of 219.00 feet, a
distance along the curve of 34.70 feet to a point for the POINT OF BEGINNING of Line E, a 10-
foot water line easement (5' on each side) from which the POINT OF TERMINATION of Line E
bears North 78 030'48" East 28.94 feet;
THENCE continuing along the centerline of said Line A with a curve to the right having a chord
bearing of South 12 032'33" West, a chord distance of 178.36 and a radius of 219.00 feet, a
distance along the curve of 183.69 feet to a point from which the POINT OF BEGINNING of
Line F, a 10-foot water line easement (5' on each side) bears South 67 027'34" East 5.61 feet
from which the POINT OF TERMINATION of Line F bears South 43 021'23" East 74.05 feet;
THENCE continuing along the centerline of said Line A (5 feet on each side) with a curve to the
left having a chord bearing of North 76 022'57"West, a chord distance of 76.97 and a radius of
266.00 feet, a distance along the curve of 77.24 feet to the PT of the said curve;
THENCE North 84 042'05" West continuing along the centerline of said Line A a distance of
17.03 feet to an angle point;
THENCE North 78 008'55" West continuing along the centerline of said Line A a distance of
35.00 feet to an angle point;
THENCE North 66°53'55" West continuing along the centerline of said Line A a distance of
35.00 feet to an angle point;
THENCE North 55 038'55"West continuing along the centerline of said Line A a distance of
35.00 feet to an angle point;
Ritz&Shipman,Inc
Project No. 06883.wtresmt
Plat&Description
EXHIBIT "A", Page 3 of 5
THENCE North 44 023'55"West continuing along the centerline of said Line A a distance of
20.57 feet to an angle point being the POINT OF BEGINNING of Line l;
THENCE South 45 026'00"West continuing along the centerline of said Line A a distance of
88.59 feet to an angle point;
THENCE South 34 011'00" West continuing along the centerline of said Line A a distance of
66.87 feet to an angle point;
THENCE South 30°53'22"West continuing along the centerline of said Line A a distance of
69.78 feet to an angle point;
THENCE South 53 024'14"West continuing along said Line A, (being 6 feet on the north side
and 4 feet on the south side), a distance of 59.65 feet to an angle point;
THENCE South 75°27'12"West continuing along said Line A, (being 6 feet on the north side
and 4 feet on the south side), a distance of 40.04 feet to an angle point;
THENCE South 86 042'12"West continuing along said Line A, (being 6 feet on the north side
and 4 feet on the south side), a distance of 31.26 feet to the POINT OF BEGINNING of Line G,
a 10-foot wide water line easement (5 feet on each side), from which the POINT OF
TERMINATION of Line G bears South 03 017'48" East 25.49 feet;
THENCE South 86 042'12" West continuing along said Line A, (being 6 feet on the north side
and 4 feet on the south side), a distance of 367.07 feet to the POINT OF BEGINNING of Line
H, a 10-foot wide water line easement (5 feet on each side), from which the POINT OF
TERMINATION of Line H bears South 03 017'48" East 25.10 feet;
THENCE South 86 042'12"West continuing along said Line A, (being 6 feet on the north side
and 4 feet on the south side), a distance of 15.51 feet to a point in the east line of the said
existing 20' utility easement for the POINT OF TERMINATION of Line A;
THENCE North 02°51'22" West along the said east line of the 20' utility easement a distance of
249.88 feet to a point for the POINT OF BEGINNING of Line L, a 10-foot wide water line
easement (5 feet on each side), from which the POINT OF TERMINATION of Line L bears
North 86 042'12" East 149.10 feet;
LINE I
BEGINNING at the point called POINT OF BEGINNING of Line I in the centerline of Line A as
described above:
THENCE North 44°23'55" West along the centerline of said Line I a distance of 14.43 feet to an
angle point;
Ritz&Shipman,Inc
Project No. 06883.wtresmt
Plat&Description
EXHIBIT "A", Page 4 of 5
THENCE North 33 008'55" West continuing along the centerline of said Line I a distance of 29.02
feet to the POINT OF BEGINNING of Line J, a 10-foot wide water line easement(5' on each
side), from which the POINT OF TERMINATION of Line J bears South 56 051'05" West 28.44
feet;
THENCE North 33 008'55"West continuing along the centerline of said Line I a distance of 5.98
feet to an angle point;
THENCE North 22 041'59" West continuing along the centerline of said Line I a distance of 35.00
feet to an angle point;
THENCE North 12°15'03" West continuing along the centerline of said Line I a distance of 40.00
feet to a point for the POINT OF BEGINNING of Line K, a 10-foot wide water line easement (5
feet on each side), from which the POINT OF TERMINATION of Line K bears South 77°44'57"
West 92.00 feet.
THENCE North 17 055'23" West continuing along the centerline of said Line I a distance of
137.10 feet to the PC of a curve;
THENCE continuing along the centerline of said Line I with a curve to the right having a chord
bearing of North 10 036'35"West, a chord distance of 50.92 and a radius of 200.00 feet, a
distance along the curve of 51.06 feet to the PT of the said curve;
THENCE North 03 017'48"West continuing along the centerline of said Line I a distance of 26.06
feet to a point in the centerline of said Line A for the POINT OF TERMINATION of Line L
This Field Note Description is being submitted along with a plat of even date based on a survey
performed by Fittz & Shipman, Inc. during April 2007.
it OF
Walter J. Ksiazek �
Registered Professional Land Su or No. 5321 " y
Y�►A L'fER . KsMZEK -
cep sss+�oQ
URV
Fittz&Shipman,Inc.
Project No. 06883.wtresmt
Plat&Description
COMMENCING
POINT ROSEDALE ADDITION
FOUND 1/2'• (CALLED N 66'42.12" E 1005.69)
IRON ROD N 86'42'12" E 1005.69 BLOCK 6 FOUND
0
VOL. 7, PG. 83, M.R.J.C. KOHLER
N 8642'12' E 758.62 MONUMENT
85'21'47" E 95.22 ---- -_ _ _
20.00 -�7 O�� 261.65 o LINE-A -1 -
25.42 r- - '0' �vi N,
m w 81.74 ti•�
�� lZ I IN� °NI I P.O.T. oni to
POINT OF a l m n �, n LINE I
BEGINNING w r v o o (TYPICAL)
LINE A, ,�-_, o w 1n _ o I w
I J �1vZ I I
I Ilo
NUMBER DELTA RADIUS ARC CHORD ICHORD BEARING 1 1w
Cl 06'01'17' 586.33 61.62 61.59 S 17'33'77"E ( I
p I C2 09'04'43" 219.00 34.70 34.66 S 16'01'34" E , ,£ v1 0 50 100
v 1 C3 48'03'31" 219.00 183.69 178.38 S 12'32'.33' W 1 1j m 1 1 rro
C4 16'3817 268.00 77.24 76.97 N 7622'57 W S®
a i C5 1437 35 200.00 51.08 50.92 N 10'36 35 W 1 ,o
y_ n S 7-7-4 4 57 W 92 OJ tN 40 p3 H \\ W
O o UNE K 1240.00 N 78'30'48' E .
NIL o
o ^ F I 11 4, W 2894LINE E PARKDALE MALL
N a+in v CO o I N 86'42'12'E 149.10 \`N 2.5500 ��9 O
07 �3� _ --_- v�\\9$ a����o 5y� I Is.o o LOT 15
0 z a, a LINE L APS IV INVESTMENT g\p50 qh/ 5 g07 "A,'PG N VOL 74, PG. 245-246, M.R.J.C.
0- m H 3 m 1 P.O.B. P.O.T. 2 2' 'S'
LINE L LINE L PARTNERS
" ° I I II, LP . \4 q 5.0
cv o �o (TYPICAL) (TYPICAL) CLERKS FILE NO. 2007015180, O.P.R.JC. Ja y C5 4 '
'
(CALLED 15.00 ACRES) \
Q Z ro
m <Z N I_ •O J. P.O.B. 2 SET 1/2"
a °� O LINE I �_ CAPPED
_ y I m NOTE: P.O.B POINT OF BEGINNING / / (TYPICAL) LINE ` C4 // IRON ROD
X J I P.O.T. - POINT OF TERMINATION
LLJ
N I �0// 5 S 67 4"E
5.61 0.'�E�F
5 / SURVEYOR'S CERTIFICATION
s'o / I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, ti<^
I p THAT THIS IS AN ACCURATE PLAT OF A SURVEY 81 DESCRIPTION MADE w L�R
1O _ 5 86'42'72"W 413.84 5 75'2712 W/ �Oi r ON THE GROUND UNDER MY SUPERVISION AS OF APRIL 2007. K�AZEK
40A4� 0
POINT OF fo w -----V ------- S y'S 5q6 ` V•
p LINE A 3 .07 w rn-I I- •
P.
TERMINATION '"m a 31.26
w +N p •. •
75.51 w a m vi �RVOQ'
j
r n W
z WALTER J. KSIAZEK
o D
I REGISTERED PROFESSIONAL LA SURVEYOR N 321
N N
S 86.42'12" W 1008.66 Fittz&Shipman WATER LINE EASEMENT SHEET NO.
INC. PROJECT NAME: THE PRESERVE AT DOWLEN 5
Fou D REMAINDER OF oT1s*21hn8E+�8i°eers°°dL°ndSwveyors OLD DOWLEN ROAD
CAPPED LA TEX INVESTORS, L.P. SET 1/2" 1405 CORNERSTONE COURT, BEAUMONT. TEXAS
IRON ROD CLERKS FILE NO. 2001041210, O.P.R.J.C_ CAPPED REVISED; 10-25-07 PROJECT N0.
IRON ROD (409) 832-7238 FAX (409) 832-7303 BEAUMONT, TEXAS
PLOT DATE' 10-25-07 DATE:8-16-07 06883.0000
RESOLUTION NO.
WHEREAS, APSHV Investment Partners III, L.P. has offered to convey a ten-foot
(10')wide Water Line Easement, being a ten foot(10')wide exclusive water line easement
out of the A. Duwe Survey[Abstract 459] and the F. Bigner Survey[Abstract 1], Jefferson
County, Texas, as described in Exhibit"A"attached hereto, to the City of Beaumont for the
purpose of providing access for fire prevention services for the fifteen (15)acre subdivision
to be known as the Preserve at Dowlen Apartments; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by APSHV Investment Partners III, L.P., as described in
Exhibit 'A" be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
J
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorneyez�--
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council consider a resolution authorizing the
settlement of the claim of Gloria Martinez a/n/f of
Dalahia Martinez, a Minor.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Gloria Martinez a/n/f of
Dalahia Martinez, a Minor.
BACKGROUND
Council discussed the settlement of this claim in Executive Session on March 6, 2007.
Recommended by City Manager and City Attorney.
BUDGETARYIMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown:
Gloria Martinez a/n/f of Dalahia Martinez, a Minor
$14,000
RESOLUTION NO.
WHEREAS, the claim of Gloria Martinez a/n/f of Dalahia Martinez, a Minor, has
been discussed in an Executive Session properly called and held Tuesday, March 6, 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 Gloria
Martinez a/n/f of Dalahia Martinez, a Minor, in the amount of Fourteen-Thousand($14,000)
Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
� c
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 6, 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 1-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to apply for and receive funding through
the Homeland Security Grant Program
2. Consider approving the purchase of a track dozer for use in the Solid Waste
Landfill Division
3. Consider approving the purchase and installation of chainlink fencing at the Streets
and Transportation Complex
4. Consider approving Change Order No. 4 for the Central Park Community Center
5. WORK SESSION: Review and discuss a contract for the Cattail Marsh
Constructed Wetland Rehabilitation Project
Consider approving a resolution authorizing the City Manager to execute a
contract for the Cattail Marsh Constructed Wetland Rehabilitation Project and
approval of Change Order No. 1
6. PUBLIC HEARING: Receive comments and requests relating to six month
extensions for occupying FEMA or travel trailers
Consider approving an ordinance relating to requests for six month extensions for
occupying a FEMA or travel trailer at 3670 Marie, 855 Alma, 3810 W. Lynwood,
5255 Roberts, 648 Terrell, 5275 Linda, 2545 Magnolia, 6795 Hwy. 105, 4263
Sparks, 11255 Fairfield, 1430 Captain, 4497 Ector, 1345 Emma, 950 N. 5th, 3415
Washington, 1705 Tulane and 2504 Ave. G
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in
accordance with Section 551.071 of the Government Code:
The City of Beaumont v. International Association of Firefighters, Local
Union 399
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
November 6, 2007
Consider authorizing the Cit Manager to apply for and receive funding through the Homeland
Security Grant Program
City Council Agenda Item
LP...M K
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police �(
MEETING DATE: November 6, 2007
AGENDA MEMO DATE: October 30, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding in the amount of$489,024.83 through
the Homeland Security Grant Program.
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and accept funding under
the Homeland Security Grant Program (HSGP) which includes $374,024.83 under the State
Homeland Security Program (SHSP) and $115,000 under the Law Enforcement Terrorism
Prevention Program (LETPP).
BACKGROUND
The Homeland Security Grant program consists of a number of grant programs, two of which the
City of Beaumont is eligible for. The first is the State Homeland Security Program where the
Fire Department is asking for $281,024.83 to modernize their radio system to be fully digital and
compliant with federal interoperability dictates. Fire is requesting an additional $93,000 to
complete the first phase of a project to enhance facility security at the Fire stations. Under the
Law Enforcement Terrorism Prevention Program, the Police Department is asking for $20,000 to
provide advanced tactical training to enhance response capabilities, $20,000 to enhance facility
security at Police Headquarters and $75,000 to purchase media devices and equipment for the
new Emergency Operations Center.
BUDGETARY IMPACT
An additional $489,024.83 in law enforcement equipment with no matching funds from the city.
Nov 01 07 05: 03p Beaumont Police Rdmin (409) 880-3844 p. 3
Jurisdiction City of Beaumont POC Tim Ocnaschek
Project(ie-interoperability etc.) Interoperable Communications
Grant(LETPP or SHSP) 2007 SHSP
Project Description Project Cost
This project covers the purchase of 64 ruggedized,water proof, 800MHz portable
radios for use in hazardous environments. They will allow for interoperable communications
between all agencies that may interact with Beaumont Fire/Rescue.
Estimated Cost $281,000
Equipment Itemization (if Possible)
Item Quantity Unit Cost Total Cost
XTS Digital Units(Model II) 64.00 $4,319.34 $276,437.76
H-GAC Fees 1.00 $4,587.07 $4,587.07
Total Cost $281,024.83
If you have any questions contact Sue Landry at 899-8444 ext 401.
Nov 01 07 05: 03p Beaumont Police Rdmin (409) 880-3844 p. 4
Jurisdiction—Beaumont PD POC Tim Ocnaschek
Project(ie-roteroperablfity etc.)__Enhance Security and Response
Grant(LETPP or SHSP) LETPP
Project Description- Project Cost $115,000
Regional advanced tactical training courses to enhance response capabilities.
Media devices and equipment needed to establish the Emergency Operations Center(EOC).
Position obstacles to channel or halt vehicle traffic in order to protect Police Headquarters and the
communications and control facility.
Equipment Itemization (if Possible)
Item Quantity Unit Cost Total Cost
Training- $20,000.00
Equipment for EOC- $75,000.00
,Security barriers- $20,000.00
Total= $115,000.00
If you have any questions contact Sue Landry at 899-8444 ext 401.
Nov 01 07 05: 02p Beaumont Police Rdmin (409) 880-3844 p. 2
Grant Project Worksheet 11/1/2007
Jurisdiction City of Beaumont POC Tim Ocnaschek
Project(ie-interoperability etc.) Fire Station Security Network
Grant(LETPP or SHSP) 2007 SHSP
Project Description Project Cost
The acquisition of a complete entry access security system at six of Beaumont's twelve fire
stations and the Fire Headquarters building to improve the security of this component of the City's
emergency response infrastructure. The system will provide card reading lock systems at each
facility, including the Fire Communications Center.Additionally,the system has the ability to
monitor and control the operation of bay doors at the stations.The proposed system will be
compatible to that currently used at the Beaumont City Hall, Municipal Court, and the Police
Department. This will provide the uniformity of security city-wide and improve the timeliness of
issuing and revoking security authority to Fire Department personnel. Grant funds will be requested
for security installation at the remaining Fire Department facilities during the next grant period.
Estimated Cost $93,000
Equipment Itemization (It Possible)
Item Quantity Unit Cost Total Cost
If you have any questions contact Sue Land at 899-8444 ext 401.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
for the City of Beaumont through the Homeland Security Grant Program (HSGP) in the
amount of$374,024.83 under the State Homeland Security Program (SHSP) for the Fire
Department and $115,000 under the Law Enforcement Terrorism Prevention Program
(LETPP) for the Police Department for a total amount of $489,024.83.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6 1 day of
November, 2007.
- Mayor Becky Ames -
2
November 6, 2007
Consider approving the purchase of a track dozer for use in the Solid Waste Landfill Division
I
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council consider the purchase of a track dozer.
RECOMMENDATION
Administration recommends the purchase of a Caterpillar D7R track dozer for the Solid Waste
Landfill Division, from Mustang Cat of Beaumont through the BuyBoard contract in the amount
of$419,937.
BACKGROUND
The Caterpillar D7R track dozer is used primarily to move refuse on the landfill working face.
To work in this rigorous environment, the dozer is specifically equipped with a Landfill Package
which includes features such as seal protection and protective covers on the underside.
The new dozer will replace unit 5085, a 1999 Caterpillar D79 with more than 15,000 working
hours. The age and mechanical condition of Unit 5085 makes it unreliable for continued service
and it will be disposed of according to the City's surplus property disposal policies.
Warranty service for the new dozer will be provided by Mustang Cat in Beaumont. The total
machine is warranted for an unlimited number of hours of usage during the first six (6) months
while the power train is warranted for sixty(60)months or 7,500 hours of usage. Delivery of the
unit is expected in 100 to 120 days.
The purchase will be made through the Texas Association of School Boards (TASB)BuyBoard
cooperative purchasing program. The Texas Local Government Purchasing Cooperative,
administered by TASB, complies with all State bidding statutes. Membership with BuyBoard
allows municipalities to purchase items from their contracted vendors.
BUDGETARYIMPACT
Funds are budgeted in the Solid Waste Fund for this expenditure of$419,937.
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 purchase a Caterpillar D7R
track dozer in the amount of$419,937 for the Solid Waste Landfill Division from Mustang
Cat of Beaumont, Texas, through the BuyBoard contract .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
3
November 6, 2007
Consider approving the purchase and installation of chainlink fencing at the Streets and
Transportation Complex
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council consider the purchase and installation of chainlink
fencing at the Streets and Transportation Complex located
at 2610 Concord Road.
RECOMMENDATION
Administration recommends the purchase and installation of approximately 2,987 feet of
chainlink fencing at the Streets and Transportation Complex from Texas Correctional Industries
of Huntsville in the amount of$48,570.22.
BACKGROUND
An eight(8) foot high chainlink fence with three (3) strands of barbed wire on top will be
installed beginning at Plum Street continuing along Peacock Alley turning west at the former
YMBL office and continuing to Concord Road. Four(4) gates ranging from twenty-four(24) to
thirty(30) feet wide will be installed. Additionally, 180 feet of top rail will be removed from the
existing chainlink fence and will be replaced by barbed wire to match the new installation.
Fencing is required at this site to provide additional security to the Streets and Transportation
Complex.
Texas Correctional Industries (TCI) is a division of the Texas Department of Criminal Justice.
This purchase is exempt from competitive bidding because Texas statutes allow municipalities to
contract directly with State agencies. The City has utilized TCI in the past for the installation of
chainlink fencing and office work station cubicles. TCI has consistently provided quality
materials and excellent craftsmanship.
Completion of the project is expected within ninety(90) days.
BUDGETARYIMPACT
Funding is available in the Capital Reserve Fund.
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 purchase approximately 2,987
feet of chainlink fencing in the amount of $48,570.22 for installation at the Streets and
Transportation Complex located at 2610 Concord Road from Texas Correctional Industries
(TCI), of Huntsville, Texas, a division of the Texas Department of Criminal Justice.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
4
November 6, 2007
Consider approving Change Order No. 4 for the Central Park Community Center
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council approval of Change Order No. 4 for the Central Park
Community Center.
RECOMMENDATION
Administration recommends approval of Change Order No. 4 to McInnis Construction in the
amount of$32,450 for the installation of a fence on the west side of Fourth Street.
BACKGROUND
The newly constructed community center at Central Park is located on the corner of Fourth and
Fannin Streets. The community center was designed so that an event could flow outdoors to the
rear of the building and into the park. To provide more definition to the area, it was determined
by the architect and staff that a brick column and black iron fence set back 15 feet from the curb
would enhance the facility and provide separation from pedestrian traffic on Fourth Street.
The fence will begin on the corner of Fourth and Fannin and continue south on 4' Street for 237
feet. It will terminate at the site of the last oak tree north of the tennis courts. The columns will
be constructed of the same brick used on the building exterior. A concrete pad will be installed to
create a mow strip to reduce maintenance.
Change Order 1 in the amount of$9,101.40 was for additional excavation work unknown prior to
construction. Change Orders,2 and 3 were for additional completion days due to weather
conditions. Change Order No. 4 will increase the original contract amount of$748,540 by 4%.
The community center has been completed and is available for use. The construction of the fence
will not interfere with the use of the facility.
BUDGETARY IMPACT
Funding is available in the Capital Program.
•_ w r
+
19' B" 19'-8" 19'-8' 19'-B" 19'-8' 19'-8' L9'-8" 19'-8' 19'-8' 19'-8' 19'-8' 19'-8" 19'-8' 19'-8' 19'-8'
e�Mi °'il
FOURTH STREET
RESOLUTION NO.
WHEREAS, on November 21, 2006, the City Council of the City of Beaumont,
Texas, passed Resolution No. 06-354 awarding a contract in the amount of$748,540 to
McInnis Construction of Silsbee, Texas, for the construction of a community center at
Central Park located at the corner of Fannin and Fourth Streets; and,
WHEREAS, Change Order No. 1, executed on May 18, 2007, was required for
additional excavation work thereby increasing the contract amount by $9,101.40 which
increased the total contract amount to $757,641.40; and
WHEREAS, Change Order Nos. 2 and 3, executed on June 20, 2007, and August
16, 2007, were required for additional completion days due to weather conditions with no
change to the total contract amount ; and
WHEREAS, Change Order No. 4 is required for the installation of a fence on the
west side of Fourth Street thereby increasing the contract amount by $32,450 for a total
contract amount of $790,091.40.
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. 4
increasing the contract amount by $32,450 for a total contract amount of$790,091.40 for
the construction of a community center at Central Park located at the corner of Fannin and
Fourth Streets.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
5
November 6,2007
WORK SESSION: Review and discuss a contract for the Cattail Marsh Constructed Wetland
Rehabilitation Project
Consider approving a resolution authorizing the City Manager to execute a contract for the
Cattail Marsh Constructed Wetland Rehabilitation Project and approval of Change Order No. 1
i
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager
to execute a contract for the Cattail Marsh Constructed
Wetland Rehabilitation Project and approval of Change Order
No. 1.
RECOMMENDATION
Administration recommends approval of a contract with Brystar Contracting,Inc.,Beaumont,Texas,
in the amount of$12,894,000.00 and Change Order No. 1 in the amount of$3,212,387.72 reducing
the contract to $9,681,612.28.
The MBE participation will be through subcontracts with the certified MBE firms All American
Construction Supply, Inc. of Beaumont, Texas for $1,000,000.00 and Vision Equipment LLC of
Houston, Texas for $364,000.00. The amount represents 14.09 percent of the total bid.
BACKGROUND
On August 2, 2007, the City of Beaumont received two (2) bids for the Cattail Marsh Constructed
Wetland Rehabilitation Project. The lowest bid was submitted by Brystar Contracting, Inc. in the
amount of$12,894,000.00.
Since 1990 when the wetlands were built,the facilities have undergone major physical, chemical and
biological changes that are prohibiting the wetlands from meeting the design criteria and discharge
limits set by the Texas Commission on Environmental Quality (TCEQ). The Water Utilities
Department has negotiated and agreed upon a 4.5 year waiver with the TCEQ regarding discharge
limits provided the City rehabilitates the wetlands. The waiver protects the City from fines that can
be issued by the TCEQ as a penalty for permit limit excursions. The change order proposed by the
City does not compromise the agreement with the TCEQ nor the integrity of the design.
A copy of the Bid Tabulation and Change Order No. 1 are attached.
This Project 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.
0.606-014-01
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
(SCHEDULE C)
Date of Report
Department
Project No.
Zr!4' ��"f �'"'1}faL�r n�, , i,� - Total Contract Amount $
Location
Name of Prime Contractor/Prop ser
1
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41's ,y y� -�''' ,F� �•%R.kA�F'!'$.`:� '_T�jf�y� ,� l v �• .�ty� �s iq�.}�+1�,.A�r »i �,:�i � 'a
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frrDG �.�)1 01-01
The undersigned will enter into a for agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont.
NOTE: 1. Any business listed above must have Schedule A on file with the City.
2. Schedule C is to be included with bid,and resubmitted at 50%and 100%of project completion.
Slgnatu e �ya„ pr,eIps
re--• JP,,7-
Title
0606-014.01-BOF-00201-MINORITYBUSINESSUTILIZATIONCOMMITMENT 00201-4
APPROVAI,OF CONTRACT CI IANGF
(I IANGI-,ORDER No.One(1)
DATE: scIlterilber 12.2007
PROJUX"I': t7 ol'Beaumont. c\ae,
Cattail Marsh Constructed Wetland Rehahilitanon
OWNER: City ol'Beaumont,Texas
801 Main Street
1j"
,aoloorl,, as 77704
ONTRACFORz 11; r>a,11.Contractors,Inc.
8385 Chemical Road
Beaumont,1 cxas 77705
TO ME OWNER: Approval ol'the following,contract Change is requested.
Reason for Change: I o pro%ide, reduced scope and value engineering design modifications. No correction in contract time
(additional 110Fk days)is required in conjunction with this change.
ORIGINAL,CONTRACT AMOUNT: $12,894,000.00
THIS CHANGE ORDER
Des t]L
— —MV, Net Change
Hid licin No.3,reduce the quantity 01 plants specified in Section 02806 Tahle I
from 408.141 to 125,000. Species distribution and Sheet C-302 through C314
changes will be specified by subsequent Field Orders. Required species shall be
restricted to the species listed in Section 02806. Plant distribution may include ($879.583.72)
planting()1'en I ire cells or small arems at the specified densm. Direct supply ol'all
plugs from commercial nursery stock is authorized.
Bid Item No 5.change the lbllownlg contract requirements:'[he Use of'new 54-
inch RCP liar Fypc I llcw control structures is not required. the Contractor may
titili/c salvaged RCP from locations idcnt-)ed on the Sheets C4)0I through C-004 in
bell Of'off site disposal ol'pipe following removal or new RCP. Delete the depicted
concrete piers and rnodif% the wall,footing and bottom slab as depicted in C.O. I - (MJ05.00)
Attachment 1. ]he Contractor may delete concrete encasement and pipe
irrilbcdnient requirements fior 54-inch RCP installation.Site Backfill may be utilized
if placed per Section 02201 Paragraph 3.02 F:install a concrete water stop per C.O.
I-Attachment 3.
Bid Item No.6,change the following contract requirements:The use of new 54-inch
RCP for"type 2 flow control structures is not required,the Contractor may utilize
salvaged RCP from locations idenfied on the Sheets C-001 through C-004 in lieu of
oll'site disposal of pipe tiollowing removal or new RCP. Delete the depicted
concrete piers and modify the wall,footing and bottom stab as depicted in C.O. I - ($35.000.00)
Attachment 2. '1 he Contractor may delete concrete encasement and pipe
unbcdment requirements for 54-inch RCP installation.Site Backfill may be utilized
if'placed per Section 02201 Paragraph 3.02 F;install a concrete water stop per C.O.
I-Attachment 3.
Bid Item No.7, change the following contract requirements: Delete the depicted
concrete piers and modify the wall,footing and bottom slab as depicted in C.O. I -
Attachment 1. The Contractor may delete concrete encasement and pipe
embedment requirements for 36"RCP installation. Site Backfill may be utilized if
placed per Section 02201 Paragraph 3.02 F. The Contractor may extend the 36- ($6,000.00)
inch RCP at the outlet in lieu of the sloped end treatment, if so constructed the
Connection to Existing Pipe Detail on Sheet C-901 shall he cast at each joint that is
exposed or under less than 3-11 of clay backfill cover.
Delete Bid Item No.S.Construction of'NCC-I and NCC-2,in its entirety ($190.000,00)
Delete Bid Item No.9,Construction of'Fype 5 box culvert bridges,in its entirety ($320,000.00)
Delete Bid Item No. 10,Construction of BCB-3,in its entirety ($85M00.00)
CiR of Bcaunuuit l cs�rt; (hangs t)r L'I No.One f i)
C ntiail Marsh('onstrucicd kk'etland Rehabilitation Page 2 of3
Delete Bid Item Nu. 11.Construction of BCB-f in its entueh;including 3060 SF
of I}pe i'Rip-Rap and associated items as shown on Sheet C 5512 t$I55.otio.00)
Rid limn No,12.change the I'ollowmg contract requirements:"file use of new 54-
inch RCP for Cell 4 Outlet flow control structure is not required. the Contractor
may utilize salvaged RCP from locations identified on the Sheets C 4)01 through C-
004 in lieu ofoff site disposal of pipe IbIlowing removal or new RCp. Delete the
depicted concrete piers turd modify the wall,footing and bottom slab as depicted in ($2.000,00)
O. 1 -Aaachment I. 1 he Contractor may delete concrete encasement and pipe
imbedmcnt requirements for 54-inch RCP installation.Site Backfill may he utilized
it placed per Section 02201 Paragraph 3.02 P;install a concrete water stop per-C.0,
I -Attachment 3.
Bid Item No. 13,change the following contract requirements:'11he use of new 54-
inch RCP fix Cell 8 Outlet flow control structure is not required.the Contractor
may utilize salvaged RCP from locations identified on the Sheets C-001 through C-
004 in lieu of off site disposal of pipe following removal or new RCP. Delete the
depicted concrete piers and modify the wall,footing and bottom slab as depicted in ($10.730.00)
C.O. I -Attachment I_ 'Fhe Contractor may delete concrete encasement and pipe
imhedment requirements for 54-inch RCP installation.Site Backfill may be utilized
if placed per Section 02201 Paragraph 3.02 F;install a concrete water stop per C.O.
I-Attachment 3.
kid Item No. 15,change the following contract requirements:The use of new 54-
inch RCP for the new crossing is not required.the Contractor may utilize salvaged
RCP from locations identified on the Sheets C-001 through C-004 in lieu of off site
disposal of pipe following removal or new RCP. The Contractor may delete ($49,259.00)
concrete encasement and pipe imbedment requirements for 54-inch RCP
installation.Site Backfill may be utilized if-placed per Section 02201 Paragraph 3.02
1:install a concrete water stop per C.O.I-Attachment 3.
Bid Item No. 16,change the following contract requirements:The use of new 54-
inch RCP for the new crossing is not required the Contractor may utilize salvaged
RCP from locations idenfied on the Sheets C-001 through C-004 in lieu of off site
disposal of pipe following removal or new RCP. The Contractor may delete ($25,110.00)
concrete encasement and pipe imbedment requirements for 54-inch RCP
installation.Site Backfill may be utilized if placed per Section 02201 Paragraph 3.02
F;install a concrete water stop per C.O.I-Attachment 3.
Bid Item No. 17,delete the contract requirement to repair Berm 5A-S,Berm 513-N
and Berm 5B-S with the exception of berm tops adjacent to SDC-A. SCC-A and
SCC-13. Reduce the Quantity of Bid Item No. 17 by 8380 LF(total remaining in
contract 21,820 LF)(a?$25/LF. Install repair road base material approximately 12- ($209,500.00)
in thick at one edge sloped to 8-inch thick at opposite edge,slope shall drain to
interior cell or channel;delete detail requirement to install centerline peak 10-inch
thick material section.
Bid Item No. 18,reduce the required scope of Bid Item No. 18 by 19%(Eliminate
paving repair of Berms I-E (Sta 0+00 to 10+02.29 only), 2-E,and SDC-B-N ,
reducing total footage of berm top road from approximately 35,950 LF to 29,150
I.E. Install road base material approximately 12-in thick atone edge sloped to 8-inch ($228,700.00)
thick at opposite edge, slope shall drain to interior cell or channel; delete detail
requirement to install centerline peak 10-inch thick material section. Delete depicted
gco-grid,employ an alternate geotextile fabric approved by the Engineer.
Delete Bid Item No.19,Electrical and Instrumentation,in its entirety ($900,000.00)
(.1Vi„MlilasCo:sirll:ntlshAl.rn Plwunrw'c:lad NiIruMliialionChngc Orh:r Na 1 v i:)•Is
C ity of lfcatiwont. I c\a, Chengc Order No.One,(I)
utfeil Marsh Constructed Welland Rehabilitation Nage 3 i61 3
Dclefe laid IIe1L1 NO 21 2000 PSI Concrete,in its entirely
Rid Item No.26,change the Hollowing contract requirements:'I he use of new 54-
inch RCN Ra the new crossing is not required.the Contractor may-utilize salvaged
R(T from locations identified on[lie Sheets C-001 through C-004 in lieu of otT site.
disposal of pipe tbllowing removal or new RCP. the Contractor may delete t$IImoo.00j
concrete encasement and pipe imbedment requirements fbr 54-inch RCP
installation.Site 13ackfill may be utilized if placed per Section 02201 Paragraph 3.02
V:install a concrete water stop per C.O. I-Attachment 3.
TOTAL AMOUNT OF THIS CHANGE ORDER: ($3,212.387.72)
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $9,681,612.28
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents lull cmnpcnsation for all increases and decreases in the cost of:and the lime required to perform the entire work under
the Contract arising directly or indirectly from this Change Order arid all previous Change Orders. Acceptance of this waiver
constitutes an agreement hcty een Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon
adjustment to the Contract. and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommended by: Approved by Accepted by:
Alan Plummer Associates.Inc. City of 13eaumont Bryslar Contracting.Inc.
Frigineer (honer Contractor
Date: Dale: Date:
RESOLUTION NO.
WHEREAS, bids were solicited for a contract for the Cattail Marsh Constructed
Wetland Rehabilitation Project; and,
WHEREAS, Brystar Contracting, Inc. of Beaumont, Texas, submitted a bid in the
amount of $12,894,000; arid,
WHEREAS, Change Order No. 1 in the amount of($3,212,387.72) is necessary to
provide reduced scope and value engineering design modification thereby reducing the
contract to $9,681,612.28; and,
WHEREAS, City Council is of the opinion that the bid submitted by Brystar
Contracting, Inc. of Beaumont, Texas, in the amount of $12,894,000 and Change Order
No. 1 in the amount of ($3,212,387.72), thereby reducing the contract to $9,681,612.28
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Brystar Contracting, Inc. of Beaumont, Texas, for the Cattail
Marsh Constructed Wetland Rehabilitation Project in the amount of $12,894,000 be
accepted by the City of Beaumont.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute Change
Order No. 1 in the amount of ($3,212,387.72) to provide reduced scope and value
engineering design modification thereby reducing the contract to $9,681,612.28.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
6
November 6, 2007
PUBLIC HEARING: Receive comments and requests relating to six month extensions for
occupying FEMA or travel trailers
Consider approving an ordinance relating to requests for six month extensions for occupying a
FEMA or travel trailer at 3670 Marie, 855 Alma, 3810 W. Lynwood, 5255 Roberts, 648 Terrell,
5275 Linda, 2545 Magnolia, 6795 Hwy. 105, 4263 Sparks, 11255 Fairfield, 1430 Captain, 4497
Ector, 1345 Emma, 950 N. 5th, 3415 Washington, 1705 Tulane and 2504 Ave. G
i
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
C��3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 6, 2007
REQUESTED ACTION: Council, after conducting a public hearing,consider requests
for six month extensions for occupying a FEMA or travel
trailer at 3670 Marie, 855 Alma, 3810 W. Lynwood, 5255
Roberts,648 Terrell,5275 Linda,2545 Magnolia,6795 Hwy.
105,4263 Sparks, 11255 Fairfield, 1430 Captain,4497 Ector,
1345 Emma, 950 N. 5th, 3415 Washington, 1705 Tulane and
2504 Ave. G
RECOMMENDATION
The Administration recommends the following approvals and denials for a six month extension for
occupying a FEMA or travel trailer:
Approvals Denials
2545 Magnolia Herman LeMelle 950 N. 51h Ruth Pyatt
2504 Ave. G Willie Lee Jordan 3415 Washington Elwood Nixon
3810 W. Lynwood Sherry Perkins 1705 Tulane Denise Dillard
5275 Linda Alfred Johnson
11255 Fairfield Denise Sellers
1430 Captain Mary:Perkins
5255 Roberts James Wilson
3670 Marie Valarie Coleman
4497 Ector Henry Harrison
4263 Sparks Oscar Barton
855 Alma Shenita Richardson
648 Terrell Linda Foster
6795 Hwy. 105 Nicole Schroeder
1345 Emma Joe Mikesic
BACKGROUND
On August 21,2007, City Council approved an ordinance allowing any homeowner that needed to
occupy a travel trailer while Hurricane Rita repairs were being made to their home could do so until
October 20, 2007. Anyone needing additional time to repair or rebuild their homes must apply to
to City Council for a six month extension. These are the final applications for this deadline
extension.
In determining eligibility for a six month extension, an applicant must prove one of three criteria:
1. Actively working on home
2. Applied for Disaster Recovery
3. In litigation with insurance carrier.
The Planning Manager recommends approval of the fourteen listed based upon the fact that each one
met at least one of the three criteria. The Planning Manager recommends denial of the request s at
950 N. 5`", 3415 Washington and 1705 Tulane because the applicants have failed to meet the above
criteria.
Recommended by City Manager, Community Development Director and the Planning Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD
OF SIX (6) MONTHS THE PARKING, USE AND
OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL
TRAILERS AS TEMPORARY LIVING QUARTERS ON
RESIDENTIAL PROPERTY LOCATED AT 2545 MAGNOLIA,
2504 AVENUE G, 3810 W. LYNWOOD, 5275 LINDA, 11255
FAIRFIELD, 1430 CAPTAIN, 5255 ROBERTS, 3670 MARIE,
4497 ECTOR, 4263 SPARKS, 855, ALMA, 648 TERRELL,
6795 HIGHWAY 105 AND 1345 EMMA DURING THE
PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE
TO PROPERTY CAUSED BY HURRICANE RITA AND
DENYING SAID EXTENSION FOR PROPERTY LOCATED AT
950 N. 5T", 3415 WASHINGTON AND 1705 TULANE;
PROVIDING FOR SEVERABILITY; AND PROVIDING A
PENALTY.
WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078
allowing for a period of six (6) months 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; and,
WHEREAS, on April 4, 2006, City Council approved Ordinance No. 06-021 granting
a six (6) month extension; and,
WHEREAS, on September 25, 2006, City Council approved Ordinance No. 06-064
granting a six (6) month extension; and,
WHEREAS, on August 21, 2007, City Council approved Ordinance No.07-082
granting an additional six (6) month extension to those citizens occupying FEMA or travel
trailers on residential property who are able to establish that they are either actively
working on repairing their homes, have applied for disaster recovery or are in litigation with
insurance carriers; and
WHEREAS, the following property owners have made application for an extension
to occupy a FEMA trailer or travel trailer on the residential properties listed below:
2545 Magnolia Herman LeMelle
2504 Ave. G Willie Lee Jordan
3810 W. Lynwood Sherry Perkins
5275 Linda Alfred Johnson
11255 Fairfield Denise Sellers
1430 Captain Mary Perkins
5255 Roberts James Wilson
3670 Marie Valarie Coleman
4497 Ector Henry Harrison
4263 Sparks Oscar Barton
855 Alma Shenita Richardson
648 Terrell Linda Foster
6795 Hwy. 105 Nicole Schroeder
1345 Emma Joe Mikesic
950 N. 5th Ruth Pyatt
3415 Washington Elwood Nixon
1705 Tulane Denise Dillard
and,
WHEREAS, the City Council has determined that it is in the best interest of the City
of Beaumont to extend to certain property owners the privilege for an additional six (6)
month period 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:
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 six (6) months 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
listed below while the damage to these properties caused by Hurricane Rita is being
repaired, disaster recovery relief has been applied for or litigation with insurance
companies is being pursued:
2545 Magnolia Herman LeMelle
2504 Ave. G Willie Lee Jordan
3810 W. Lynwood Sherry Perkins
5275 Linda Alfred Johnson
11255 Fairfield Denise Sellers
1430 Captain Mary Perkins
5255 Roberts James Wilson
3670 Marie Valarie Coleman
4497 Ector Henry Harrison
4263 Sparks Oscar Barton
855 Alma Shenita Richardson
648 Terrell Linda Foster
6795 Hwy. 105 Nicole Schroeder
1345 Emma Joe Mikesic
Section 2.
THAT the property owners listed below are unable to establish that the property
damaged by Hurricane Rita is being repaired, that they have applied for disaster recovery
relief, or are in litigation with an insurance company and are, therefore, denied an
extension for the parking, use, and occupancy of recreational vehicles or travel trailers on
residential property as temporary living quarters:
950 N. 5th Ruth Pyatt
3415 Washington Elwood Nixon
1705 Tulane Denise Dillard
Section 3.
It shall be unlawful for any person to park any such recreational vehicle or travel
trailer used for purposes 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, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
November, 2007.
- Mayor Becky Ames -
RECOMMENDING
APPROVAL
yf
fi
h
PF
1. Address: 2545 Magnolia
Applicant: Herman LeMelle
We recommend Approval of an extension as the applicant is actively working on the
house.
11/1/07
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I
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2. Address: 3810 W. Lynwood
Applicant: Sherry Perkins
We recommend approval of an extension as the applicant qualifies for the Hurricane
Rita Disaster Relief Program.
11/1/07
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3. Address: 5275 Linda
Applicant: Alfred Johnson
We recommend approval of an extension as the applicant is in litigation.
11/1/07
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4. Address: 11255 Fairfield
Applicant: Denise Stellers
We recommend approval of an extension as the applicant is in litigation.
11/1/07
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S. Address: 1430
Applicant: Mary Perkins
We recommend approval of an extension as the applicant qualifies for the Hurricane
Rita Disaster Relief Program.
11/1/07
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6. Address: 5255 Roberts
Applicant: James Wilson
We recommend approval of an extension as the applicant is actively working on his
house.
11/1/07
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7. Address: 3670 Marie
Applicant: Valarie Coleman
We recommend approval of an extension as the applicant has applied for assistance.
11/1/07
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8. Address: 4497 Ector
Applicant: Henry Harrison
We recommend approval of an extension as the applicant is in litigation.
11/1/07
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10. Address: 855 Alma
Applicant: Shenita Richardson
We recommend approval of an extension as the applicant qualifies for the Hurricane
Rita Disaster Relief Program.
11/1/07
11. Address: 648 Terrell
Applicant: Linda Foster
We recommend approval of an extension as the applicant is actively working on her
home.
11/1/07
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12. Address: 2504 Ave. G
Applicant: Willie Jordan
We recommend approval of an extension as the applicant is actively working on his
home.
11/1/07
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13. Address: 6795 Hwy. 105
Applicant: Nicole Schroeder
We recommend approval of an extension as the applicant is actively working on her
home.
11/1/07
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14. Address: 1345 Emma
Applicant: Joe Mikesic
We recommend approval of an extension as the applicant is actively working on his
home.
11/1/07
RECOMMENDING
DENIAL
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1. Address: 950 N. 5" St.
Applicant: Ruth Pyatt
We recommend denial of an extension as the applicant did not qualify for the
Hurricane Rita Disaster Relief Program, is not working on home and is not in
litigation.
11/1/07
2. Address: 3415 Washington
Applicant: Elwood Nixon
We recommend denial of an extension as the applicant's home was remodeled in
March, 2007 by the Rita Recovery Program.
11/1/07
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3. Address: 1705 Tulane
Applicant: Denise Dillard
We recommend denial of an extension as the applicant applied for and was
ineligible for a FEMA and SBA loan and the Hurricane Rita Disaster Recovery
Program.
11/1/07