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Home My WebLink AboutPACKET NOV 18 2008 RICH WITH OPPORTUNITY BEA,[1M0N* T - E - R - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 18,2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Raj Ataya would be appointed to the Convention and Tourism Advisory Committee. The appointment would commence November 18, 2008 and expire November 17, 2010. (Councilmember W. L. Pate, Jr.) A) Approve compensation for the City Clerk B) Approve the City of Beaumont Investment Policy C) Approve a resolution to write-off uncollectible delinquent accounts D) Approve a resolution to write-off uncollectible water accounts E) Approve an Amendment to the Lease Agreement with University of Texas Medical Branch at Galveston(UTMB) F) Approve a resolution authorizing the City Manager to execute a Three Party Agreement with the Port of Beaumont and Burlington Northern Santa Fe for the construction of the Calder Avenue Drainage Project A Approve compensation for the City Clerk After an annual review, it was discussed that the City Clerk,Tina Broussard, should receive a 5% merit increase and an additional 5% increase in compensation for having completed the Texas Municipal Clerks Certification Program. This would result in a base wage of $4,766.67 per month. She is to also receive a cell phone allowance of$50 per month. All other benefits extended to civilian employees will continue to be provided as well. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT effective November 18, 2008, the base wages of the City Clerk, Tina Broussard,will be $4,766.67 per month. She is to also receive a cell phone allowance of$50 per month. The City of Beaumont will make an annual contribution of $3,000 to the International City/County Management Association's Deferred Compensation Program. Notwithstanding the foregoing compensation and benefits, all other terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. PASSED by the City Council of the City of Beaumont this the 18th day November, 2008. - Mayor Becky Ames - I B RICH WITH OPPORTUNITY BEA,UMON* T • E • $ • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider a resolution approving the City of Beaumont Investment Policy. RECOMMENDATION The Administration requests a review of the City of Beaumont Investment Policy and approval as attached. BACKGROUND State law mandates the City Council review the Investment Policy and approve modifications, if any, to the policy on an annual basis. The Texas State Legislature was not in session during 2008 and therefore there are no changes to the law regarding Chapter 2256 of the Government Code(Public Funds Investment Act). However, there are some minor revisions proposed to the attached policy. The City's Investment Officials recently attended training as required by the Public Funds Investment Act. A review of the investment policy was conducted after the training using a Public Funds Investment Act Compliance Checklist. The recommended revisions are included in bold italics in the attached policy. The revisions add language which clarifies the policy as recommended by the Public Funds Investment Act. The Investment Policy was last amended on May 1, 2007. One addition to the policy is Exhibit B-2 which is the Ethics and Conflicts of Interest statements signed by each of the City's Investment Officials, Kyle Hayes, City Manager, Laura Clark, Chief Financial Officer, and Todd Simoneaux, Controller. Each investment officer shall disclose any personal business relationships with business organizations listed in Exhibit B-1 as described in Section 2256.005 (i)(1-3) of the Government Code. In addition, the officer must disclose any specific individuals who seek to sell investments to the City and are related to the employee within the second degree of affinity or consanguinity, as determined under Chapter 573. Investment Policy November 18,2008 Page 2 Finally, Exhibit C is attached in form only. Upon approval of the investment policy, a certification form, Exhibit C, will be sent to each business organization listed on Exhibit B-1. The organizations will provide this signed statement certifying that they have received and thoroughly reviewed the City's most recently revised investment policy and have implemented reasonable procedures and controls in an effort to preclude investment transactions that are not authorized by this policy. Once returned, these certifications will become part of the policy. BUDGETARY IMPACT None. Cl of Beaumont RICH WITH OPPORTUNITY 11EA,11140N* T • E • X * A • S Investment Policy Adopted Resolution of City Council on September 26, 1995 Amended October 29, 1996 October 28, 1997 November 3, 1998 November 9, 1999 November 21,2000 January 29,2002 March 4,2003 May 4, 2004 September 20, 2005 May 1,2007 City of Beaumont- Investment policy Table of Contents I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 H. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 M. Prudence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. Safety of Principal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Liquidity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 C. Yield . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 V. Delegation of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. Ethics and Conflicts of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VII. Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VIII. Selection of Financial Dealers, Institutions and Investments Pools . . . . . . . . . 3 A. Broker/Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Public Depositories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Investment Pools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 IX. Authorized and Suitable Investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 X. Marking to Market . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 XLCollateralization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 XIL Safekeeping and Custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 XIII. Diversification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 XIV. Investment Strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 i Table of Contents A. Pooled Fund Groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 B. Debt Service Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 C. Debt Service Reserve Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XV. Internal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XVI. Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XV11Reporting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XVM. Investment Policy Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Exhibits Exhibit A-Authorized Investment Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Exhibit B-1 -Approved List Broker/Dealers, Financial Institutions and Inv. Pools . . B1 Exhibit B-2 - Statement of Ethics and Conflicts of Interest . . . . . . . . . . . . . . . . . . . . . B2 Exhibit C- Certification By Business Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . C1 ii City of Beaumont Investment Policy I. Introduction It is the policy of the City of Beaumont to invest public funds in a manner which will ensure that the investments are duly authorized,properly managed,adequately protected and fully collateralized. The City shall seek the highest investment return with the maximum security while meeting daily cash needs and conforming to the City Charter, the Public Funds Investment Act(Chapter 2256,Government Code as amended)and all other state and local statutes governing the investment of public funds. H. Scope This investment policy applies to all financial assets of the City as accounted for in the City's Comprehensive Annual Financial Report. These include General, Special Revenue, Debt Service,Capital Projects,Enterprise, Internal Service and Fiduciary Funds. All are pooled for investment purposes except debt service and debt service reserve funds. Interest is allocated monthly to each fund based on its individual cash balance. III. Prudence Investments shall be made with judgment and care,under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs,not for speculation,but for investment,considering the probable safety of capital and the probable income to be derived. The "prudent person" standard shall be applied in the context of managing the total portfolio rather than a single investment providing that the decision was consistent with this investment policy. (Section 2256.006, Government Code) Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of responsibility for an individual security's credit risk or market price changes provided that deviations from exceptions are reported in a timely fashion and appropriate action is taken to control adverse developments. IV. Objectives The primary objectives, in priority order, of the City's investment activities shall be preservation and safety of principal, liquidity and yield. (Section 2256.006, Government Code) 1 A. Safety of principal The City of Beaumont has as its foremost objective to ensure the safety of principal. Investments of the City shall be undertaken in a manner that seek to ensure the preservation of capital in the overall portfolio. To attain this objective diversification is required in order to eliminate an over-concentration of assets in one institution, maturity or type of security. B. Li uidi The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. The portfolio shall be constructed so that investment maturities are matched with forecasted cash flow requirements and limited by investments in securities with an active secondary market. C. Yield The City's investment portfolio shall be designed with the objective of attaining a rate of return which is consistent with risk limitations and cash flow characteristics of the City's investments. V. Delegation of Authority Authority to manage the City's investment program is derived from the City Charter(article VII, section 1-2). The Charter designates the City Manager as Director of Finance who shall have custody of all public funds, investments, bonds and notes of the City and be responsible for their safekeeping. The City Manager shall establish written procedures for the operation of the investment program consistent with this investment policy which include explicit delegation of authority to persons responsible for investment transactions. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Each"investment official"shall be approved by resolution of City Council to invest the City of Beaumont's funds. As shown in exhibit "A", the City Manager, the Chief Financial Officer and the City Controller are currently approved as investment officials of the City of Beaumont. Such approval of specific persons shall remain in effect until rescinded by the City Council or until termination of the person's employment by the City of Beaumont. Investment officials shall not deposit, withdraw, transfer or manage the funds of the City of Beaumont in a manner that is not consistent with the "prudent person" standard as described in section III of this policy. (Section 2256.005 (f)-(h), Government Code) 2 VL Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment officials shall disclose any personal business relationships with business organizations approved to conduct investment transactions with the City of Beaumont as described in Section 2256.005 (i)(1-3)of the Government Code. They shall also disclose any specific individuals who seek to sell investments to the City and are related to the employee within the second degree by affinity or consanguinity, as determined under Chapter 573. Disclosure shall be filed with the Texas Ethics Commission and the City Council of the City of Beaumont. Disclosures are attached as Exhibit B-2. VII. Training Each investment official of the City of Beaumont shall attend as least ten (10) hours of training relating to investment responsibilities within 12 months after assuming such duties and shall continue to attend an investment training session not less than once every two years thereafter consisting of at least ten (10) hours of instruction. Training shall be in accordance with the Public Funds Investment Act and include education in investment controls, security risks, strategy risks, market risks, and compliance with state statutes governing the investment of public funds. All training shall be conducted by an independent source which has been approved by City Council (Section 2256.008, Government Code). The approved"independent sources"who may provide such training to investment officials are: the Government Treasurers Organization of Texas, the Government Finance Officers Association of Texas, the Texas Municipal League and the University of North Texas. VIII. Selection of Financial Dealers, Institutions and Investment Pools Authorized investments shall only be purchased from those institutions included on the City's list of broker/dealers, financial institutions and investment pools as approved by the City Council. An "approved list", as shown in Exhibit B-1, shall be maintained by investment officials at all times and reviewed by the City Council on an annual basis. (Section 2256.025, Government Code) 3 Any business organization which seeks to execute investment transactions with the City of Beaumont shall provide a written instrument certifying that they have received and thoroughly reviewed the City's investment policy and have implemented reasonable procedures and controls in a effort to preclude investment transactions that are not authorized by this policy. The certification, as shown in Exhibit"C", must be signed by a qualified representative of the business organization. Investment officials shall not buy any securities from a firm which has not filed this instrument. (Section 2256.005 (k)-(1), Government Code). Each time City Council approves a revision to the Investment Policy,the certification should be sent to the approved business organizations along with the newly revised investment policy. A. Broker/Dealers The City shall select broker/dealers by creditworthiness and may include "Primary Government Securities Dealers" or regional dealers that qualify under Securities and Exchange Commission(SEC)Rule 15C3-1 (uniform net capital rule). Broker/dealers selected must be members in good standing of the National Association of Securities Dealers,Inc.(NASD)and be licensed by the State of Texas. The minimum net capital requirement is$ 5,000,000 and the business must have been in operation for at least five years. Firms who desire to become approved bidders for investment transactions must supply the City with audited financial statements, a trading agreement and other information regarding their capabilities, experience, general reputation, size and capitalization. Each firm will be reviewed by investment officials and a recommendation made for approval by City Council. B. Public Depositories The City Council shall select a primary depository every three years. The primary depository as authorized by the City Council shall meet all requirements of the state law concerning depositories for municipal funds. (Chapter 105, Government Code) The institution offering the most favorable terms and conditions for the handling of City funds shall be selected as the depository. The City Council may also establish agreements with financial institutions under separate contract for additional services which are necessary in the administration, collection,investment,and transfer ofmunicipal funds.(Section 105.018,Government Code) Financial institutions who desire to become approved bidders for investment transactions shall submit information similar to that of a broker/dealer as described above (section VIII-A). No deposit shall be made except in a qualified public depository as established by State Law. The City of Beaumont shall not place deposits or investments with Saving and Loan Associations or Credit Unions. 4 ♦ No load money market mutual funds registered with and regulated by the Securities and Exchange Commission with a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of direct obligations of the United States and whose investment objectives include the maintenance of a stable net asset value of$1 per share. Money market mutual funds must provide the City with a prospectus and other information required by the Securities and Exchange Act of 1934 (Section 2256.014 (a), Government Code) and be specifically approved by City Council or purchased through the City's primary depository as an overnight investment tool. The City may not own more than 10% of the money market mutual fund's total assets. ♦ Approved investment pools as described above (section VIII-C) which are continuously rated no lower than AAA,AAA-m or an equivalent rating by at least one nationally recognized rating agency . Prudent measures will be taken to liquidate an investment that is downgraded to less than the required minimum rating. The purchase of stock is not an authorized investment for municipal governments. However, stock may be accepted as a donation, provided that it is held in accordance with the terms of the donation and sold as soon as it is advantageous to do so. Reinvestment of proceeds must be in accordance with authorized and suitable investments for the City as listed above. X. Marking to Market All securities and certificates of deposit will be purchased or sold after at least two(2)offers or bids are taken to verify that the City is receiving a fair market value or price for the investment. The market value shall continue to be monitored at least quarterly through on-line investment software to which the City subscribes, the Wall Street Journal or some other recognized market pricing source. The City of Beaumont shall not obtain market pricing from business organizations who may engage in investment transactions with the City. XI. Collateralization Collateralization will be required on all deposits, certificates of deposit and repurchase agreements. The collateralization level shall be equal to at least one hundred two percent (102%)ofthe aggregate market value ofthe deposit or investment including accrued interest less an amount insured by the Federal Deposit Insurance Corporation. Evidence of the pledged collateral shall be documented by a tri-party custodial or a master repurchase agreement with the collateral pledged clearly listed in the agreement. Collateral shall be reviewed monthly to assure that the market value ofthe securities pledged equals or exceeds the related deposit or investment balance. 6 Collateral requirements shall be in accordance with both the Public Funds Investment Act and the Public Funds Collateral Act(Chapter 2256 and 2257,Government Code).Collateral underlying repurchase agreements is limited to direct obligations of the United States or its agencies and instrumentalities. The City of Beaumont shall accept a surety bond or the Mowing investment securities as collateral on deposits and certificates of deposit: ♦ Direct obligation of the United States or its agencies and instrumentalities. Direct obligations of this state or its agencies and instrumentalities. ♦ Collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States and excluding those mortgage backed securities considered a high-risk mortgage security as described by Section 2257.0025 of the Government Code as well as those of the nature described by section 2256.009(b)of the Government Code. ♦ Other obligations which are guaranteed or backed by the full faith and credit of this state or the United States or their respective agencies and instrumentalities. ♦ Obligations of states, agencies, counties, cities and other political subdivisions rated not less than A or its equivalent. ♦ Letters of credit issued by the United States or its agencies and instrumentalities. XII. Safekeeping and Custody Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve Bank or at an institution not affiliated with a firm pledging collateral. All safekeeping arrangements shall be in accordance with a tri-party custodial agreement which clearly defines the responsibilities of each party and outlines the steps to be taken in order for the City to gain access to the collateral in the event of a"failure". The custodial agreement shall be executed between the City,the firm pledging the collateral and the custodial institution. All safekeeping receipts shall be delivered to the City and all collateral(whether a pledge or substitution) shall be formally accepted and released by City Council. All security transactions,including collateral for repurchase agreements,entered into by the City shall be conducted on a delivery-versus-payment(DVP)basis. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the safekeeping institution. Pool funds and mutual funds are excluded from this requirement. The security shall be held in the name of the City or on behalf of the City. The City shall not purchase securities from the firm or banking institution designated as the safekeeping institution. 7 C. Investment Pools Investment officials may invest funds of the City of Beaumont through an eligible investment pool with specific approval by resolution of City Council and execution of a written agreement. To become eligible, investment pools must first meet all requirements of State Law.They shall provide the City with an offering circular which contains specific and detailed information, investment transaction confirmations, and detailed monthly transaction and performance reports. Pools shall have advisory boards composed ofqualified members representing participants and non-participants who do not have a business relationship with the pool. (Section 2256.016-2256.019, Government Code) Before selection, pools shall be thoroughly reviewed and evaluated by investment officials. Annually, a review of the financial condition and registrations of approved bidders will be conducted by investment officials. A current audited financial statement is required to be on file for each financial institution, broker/dealer or investment pool in which the City of Beaumont invests. IX. Authorized and Suitable Investments Authorized investments for municipal governments in the state of Texas are set forth in the Public Funds Investment Act, as amended. (Section 2256.009-2256.019, Government Code) Suitable investments for the City of Beaumont are limited to the following: ♦ Direct Obligations of the United States or its agencies and instrumentalities which are non-callable and have a maximum stated maturity date of 5 years or less. Federal agencies which do not carry the explicit U.S. Government guarantee must be continuously rated no lower than AAA/A-1 or an equivalent rating by at least one nationally recognized rating agency. ♦ Certificates of deposit issued by approved depository banks as described above (section VIII-B)which have a maximum stated maturity date of 5 years or less and are insured by the Federal Deposit Insurance Corporation, or their successors; or secured by obligations that are described in Section 2256.009(a) of the Government Code. ♦ Fully collateralized direct repurchase agreements with a defined termination date of 90 days or less which are secured by obligations of the United States or its agencies and instrumentalities and pledged with a third party other than an agent for the pledgor. Investment officials may invest in repurchase agreements through an approved primary government securities dealer or an approved depository bank as described above(section VIII-A,B). Each issuer of repurchase agreements shall be required to sign a master repurchase agreement. 5 XHL Diversification The City of Beaumont will diversify its investments to eliminate an over-concentration of assets in any one security type or institution. ♦ Up to ninety percent(90%)par of the portfolio may be invested in direct obligations of the United States(U.S. Treasury Securities). ♦ Up to seventy percent (70%)par of the portfolio may be invested in U.S. Agency or Instrumentalities. ♦ No more than thirty percent(30%)par of the portfolio may be invested with any one U.S. Agency or Instrumentality. ♦ No more than fifty percent (50%) par of the portfolio may be invested in certificates of deposit or repurchase agreements. ♦ Up to one hundred percent(100%)par of the portfolio may be invested in investment pools for liquidity purposes with no more than eighty percent (80%) par of the portfolio invested in any one pool. ♦ No more than fifty percent (50%) par of the portfolio may be invested in money market mutual funds. ♦ No more than twenty five percent(25%)par of the portfolio may be invested with any one institution in certificates of deposit and/or repurchase agreements. Additionally, these investments shall not exceed ten percent (10%) of the capitalization of the financial institution. XIV. Investment Strategies The City of Beaumont shall maintain a separate investment strategy for each of the three fund types represented in the portfolio. (Section 2256.005,(d), Government Code) A. Pooled Fund Groups Investment strategies for pooled fund groups containing operating funds have as their primary objective to ensure that anticipated cash flows are matched with adequate investment liquidity. Securities purchased shall not have a final stated maturity date which exceeds two (2) years from the date of purchase without specific approval by the City Council. The dollar weighted average maturity of the portfolio shall not exceed 365 days as calculated using the stated final maturity dates of each security. 8 B. Debt Service Funds Investment strategies for debt service funds shall have as their primary objective to ensure that investments mature as necessary to cover the debt service obligation on the required payment date. The stated final maturity date on securities purchased shall not exceed the debt service payment date unless excess funds are available. In that case, maximum maturities shall not exceed two(2)years from the date of purchase and the dollar weighted average maturity of the portfolio shall not exceed 365 days as is consistent with investment strategies for operating funds. C. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as their primary objective to seek the highest investment return with maximum security in order to produce a dependable revenue stream to the appropriate fund. Securities shall be invested in accordance with specific bond ordinances and shall not have a stated maturity date which exceeds the final maturity date of the bonds. At no time shall maximum maturities exceed five(5)years from the date of purchase. XV. Internal Control The City of Beaumont, in conjunction with its annual financial audit shall perform a compliance audit of management controls on investments and adherence to the City's investment policy. (Section 2256.005(m), Government Code) XVL Performance Standards The City intends to pursue an active versus a passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles which is consistent with risk limitations and cash flow needs of the City . Given this strategy, the basis used by investment officials to determine whether market yields are being achieved shall be the average return on 90 day U.S. Treasury Bills. WILL Reporting Investment officials shall submit a monthly report to City Council summarizing the results of the City's investment activity. This report shall include the status of the current portfolio position, performance, trading activity, interest earnings and collateral. 9 A quarterly report shall be submitted to the City Manager, as Chief Executive Officer, and the City Council detailing investment transactions and performance for the reporting period in accordance with state law. (Section 2256.023, Government Code) The report shall be jointly prepared and signed by all investment officials. It shall include a summary statement prepared in compliance with generally accepted accounting principles for each fund type and a detailed listing that states the beginning market value,changes to the market value,ending market value and fully accrued interest for the period. In addition, investment officials shall report on adherence to the City's investment strategies as expressed in this policy. The quarterly reports shall be formally reviewed by the City's independent auditor on an annual basis and the results of the review shall be reported to City Council. (Section 2256.023, (d), Government Code) XVHL Investment Policy Adoption The City's investment policy is hereby adopted by resolution of the City Council on September 26, 1995. The City Council shall review and approve any modifications to the policy on an annual basis. This policy serves to satisfy the statutory requirement to define and adopt a formal investment policy as set forth in Section 2256.005 of the Government Code. 10 Glossary Accretion: Adjustment ofthe difference between the price of a bond bought at a discount and the par value of the bond. Accrued Interest: Interest due from the last interest payment to the present day. Amortization: The reduction of principal (of debt) at regular intervals. Basis Point: 1/100th of 1% or .O1%. Book Value: The original acquisition cost of an investment plus or minus the accrued amortization or accretion. Broker: A broker brings buyers and sellers together for a commission. Cash Forecasting: Longer-term(one month or longer) prediction of cash flows, typically focusing on the aggregate cash position. In contrast,cash scheduling focuses on shorter-term predictions, emphasizing cash position management. Certificate of Deposit(CD): A time deposit with a specific maturity evidenced by a certificate. Collateral: Assets pledged to secure deposits, investments or loans. Collateral Mortgage Obligation (CMO): Multi-class security collateralized by whole loans or regular mortgage securities whose cash flows are paid through to meet debt service on the CMO bond. Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Beaumont. Credit Risk: The risk that a counterparty to an investment transaction will not fulfill its obligations. Credit risk can be associated with the issuer of a security, with a financial institution holding deposits or with parties holding securities or collateral. Credit risk exposure can be affected by a concentration of deposits or investments in any one investment type or with any one counterparty. Dealer: A dealer, as opposed to a broker, acts as a principal in all transactions,buying and selling for his own account. Delivery Versus Payment(DVPI: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is a delivery of securities with an exchange of a signed receipt for the securities. 11 Discount: The difference between the cost price of a security and its maturity value when quoted at lower than face value. Diversification: Dividing investment funds among a variety of securities offering independent returns. Dollar Weighted Average Maturity: Represents the average number of days remaining until the final maturity date,appropriately weighted by the dollar amount of each security in the portfolio. Federal AgencX Securities(agencies: Discount and coupon obligations of the federal agencies that were established by Congress to provide credit to specific sectors of the economy. Federal Deposit Insurance Corporation (FDICI: A federal institution that insures deposits of federally chartered banks,currently up to$100,000 per deposit. Effective October 3,2008,the President signed a bill that temporarily increases FDIC deposit insurance from$100,000 to $250,000 through December 31, 2009. Federal Reserve Bank: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks. Investment Pool: An entity created to invest public funds jointly on behalf of the entities that participate in the pool. Li uidi : A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. Market Risk: The risk that the market value of an investment, collateral protecting a deposit or securities underlying a repurchase agreement will decline. Market risk is affected by the length to maturity of a security, the need to liquidate a security before maturity, the extent to which collateral exceeds the amount invested and how often the amount of collateral is adjusted for changing market values. Market Value: The current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date. It is the price at which a security is trading and could presumably be purchased or sold. Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase reverse repurchase agreements that establishes each party's rights in the transactions. Maturi : The date upon which the principal or stated value of an investment becomes due and payable. Par Value: Face amount or 100% of the principal amount of a security at original issue. 12 Pooled Fund Group: An internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. Portfolio: Collection of securities held by an investor. Premium: The difference between the price of a bond and its value at maturity when the price is higher than the maturity value. Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission(SEC) - registered securities broker-dealers, banks, and a few unregulated firms. Principal: The amount of debt remaining on a loan. On the date a loan is originated, or issued, the total amount equals the initial principal balance. Prudent Person Rule: An investment standard. In some states the law requires that a fiduciary,such as a trustee, may invest money only in a list of securities selected by the custody state-the so- called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. Oualified Public Depositories: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state,which has segregated for the benefit ofthe commission eligible collateral having a value ofnot less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. Qualified Representative: A person who holds a position with a business organization who is authorized to act on behalf of the business organization. If the business organization is regulated by or registered with a securities commission then the qualified representative must be a person who is registered under the rules of the National Association of Securities Dealers. If the business organization is a banking institution then the person must be a member of the loan committee or a person authorized by corporate resolution to act on behalf of and bind the banking institution. For an investment pool,the person must be authorized by the elected official or board with authority to administer the activities of the investment pool and to sign the written instrument on behalf of the investment pool. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. See yield. 13 Repurchase Agreement(RP or REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security"buyer" in erect lends the"seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, thata is, increasing bank reserves. Safekeeping: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution. Securities & Exchange Commission (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. Sec Rule 15C3-1: See Uniform Net Capital Rule. Settlement Date: The date agreed upon by the parties to a transaction for the payment of funds and the delivery of securities. Stated Maturity: A predetermined final maturity date that cannot be altered by prepayments. Treasury Bills: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. Treasury Notes: An interest bearing security issued by the U.S.Treasury to finance the national debt. Most notes are issued to mature in one to ten years. Interest is paid semi-annually. Treasury Securities: "Full faith and credit" obligations of the U.S. Government issued by sale at periodic auctions, delivered and cleared electronically. Uniform Net Capital Rule: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. Yield: The rate of annual income return on an investment, expressed as a percentage. (a)INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b)NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price,with the adjustment spread over the period from the date of purchase to the date of maturity of the bonds. 14 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont Investment Policy, substantially in the form attached hereto as Exhibit'A" has been reviewed and is hereby in all things adopted. All changes to the policy are reflected therein. PASSED by the City Council of the City of Beaumont this the 18th day November, 2008. - Mayor Becky Ames - EXHIBITS Exhibit A City of Beaumont Authorized Investment Officials Approved by City Council on May 27, 2008, resolution number 08-155 Kyle Hayes, City Manager Laura Clark, Chief Financial Officer Todd Simoneaux, Controller Al Exhibit B-1 City of Beaumont Approved List Broker/Dealers, Financial Institutions and Investment Pools March 4, 2003 Business/Organization Approval Date Resolution Number Broker/Dealers: JP Morgan/Chase Securities March 19, 1996 96-64 Coastal Securities November 21, 2000 00-292 Duncan-Williams, Inc. May 11, 1999 99-146 Wachovia Securities Financial Network November 21, 2000 00-292 Prudential Securities February 13, 1996 96-44 Wells Fargo Brokerage Services, LLC November 21, 2000 00-292 Public Depositories: Primary Depository Capital One Bank August 29, 2006 06-255 (Contract Period 10/01/06-09/30/09) Investment Pools: Logic Investment Pool March 4, 1997 9745 Texas TERM November 21, 2000 00-292 Texpool November 6, 1996 96-273 B1 Exhibit B-2 City of Beaumont Statement of Ethics and Conflicts of Interest Investment officials for the City of Beaumont shall refrain from personal business relationships with business organizations that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. This would only apply to personal business relationships with business organizations which have been approved by City Council to conduct investment transactions with the City of Beaumont. An investment official is considered to have a personal business relationship with a business organization if: (1) The investment official owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business. (2) Funds received by the investment official from the business organization exceed 10 percent of the investment official's gross income for the previous year. (3) The investment official has acquired from the business organization during the previous year investments with a book value of$2,500 or more for the personal account of the investment official. I do hereby certify that I do not have a personal business relationship with any business organization approved to conduct investment transactions with the City of Beaumont nor am I related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the City of Beaumont as of the date of this statement except as follows: City of Beaumont Investment Official Kyle Hayes, City Manager Date B2 Exhibit B-2 City of Beaumont Statement of Ethics and Conflicts of Interest Investment officials for the City of Beaumont shall refrain from personal business relationships with business organizations that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. This would only apply to personal business relationships with business organizations which have been approved by City Council to conduct investment transactions with the City of Beaumont. An investment official is considered to have a personal business relationship with a business organization if: (1) The investment official owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business. (2) Funds received by the investment official from the business organization exceed 10 percent of the investment official's gross income for the previous year. (3) The investment official has acquired from the business organization during the previous year investments with a book value of$2,500 or more for the personal account of the investment official I do hereby certify that I do not have a personal business relationship with any business organization approved to conduct investment transactions with the City of Beaumont nor am I related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the City of Beaumont as of the date of this statement except as follows: City of Beaumont Investment Official �o/3ola? *ra Chief Financial Officer Date B3 Exhibit B-2 City of Beaumont Statement of Ethics and Conflicts of Interest Investment officials for the City of Beaumont shall refrain from personal business relationships with business organizations that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. This would only apply to personal business relationships with business organizations which have been approved by City Council to conduct investment transactions with the City of Beaumont. An investment official is considered to have a personal business relationship with a business organization if (1) The investment official owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business. (2) Funds received by the investment official from the business organization exceed 10 percent of the investment official's gross income for the previous year. (3) The investment official has acquired from the business organization during the previous year investments with a book value of$2,500 or more for the personal account of the investment official. I do hereby certify that I do not have a personal business relationship with any business organization approved to conduct investment transactions with the City of Beaumont nor am I related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the City of Beaumont as of the date of this statement except as follows: City of Beaumont Investment Official Todd Simoneaux,Controller Date B2 RICH WITH OPPORTUNITY KANN* T • E • X • A • $ Exhibit C City of Beaumont Certification By Business Organization This certification is executed on behalf of the City of Beaumont(the Investor) and (the Business Organization) pursuant to the Public Funds Investment Act, Chapter 2256, Texas Government Code (the Act) in connection with investment transactions conducted between the Investor and the Business Organization. The undersigned Qualified Representative of the Business Organization hereby certifies on behalf of the Business Organization that: 1. The undersigned is a Qualified Representative of the Business Organization offering to enter an investment transaction with the Investor as such terms are used in the Public Funds Investment Act, Chapter 2256, Texas Government Code and 2. The Qualified Representative of the Business Organization has received and reviewed the Investment Policy furnished by the Investor and 3. The Qualified Representative of the Business Organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Business Organization and the Investor that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires and interpretation of subjective investment standards. (Firm) Qualified Representative of the Business Organization (Signature) (Name) (Title) (Date) Cl RICH WITH OPPORTUNITY [I 17L A. T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible delinquent accounts. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible delinquent accounts totaling $897,020.17 for which each individual account exceeds $1,000.00. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. All accounts included are for transactions between 1998 and 2006 and collection efforts have been unsuccessful. A summary by receivable type is shown below. 1. Building Permits - $4,625.40 Write-off request involves two business accounts that incurred building permit charges in 2005. One business is closed and the other is reviewing the charges for possible payment. Charges will continue to be due from the customer and can be reinstated if payment is received. 2. Demolition Charges - $42,912.50 Liens have been placed on properties where the ownership has not changed since charges were incurred for demolition. These remaining charges, originally incurred in 2004 and 2005, are being requested for write-off because the property owners have changed or bankruptcy is involved. 3. Litter Abatement Charges - $948.00 These charges were incurred in 2006 from the hurricane cleanup. Liens were placed on properties when charges were $500.00 or more. These charges are all less than $200.00 but the customers also have uncollectible charges in other receivable types which make the total customer account greater than $1,000.00. 4. Retiree Insurance Charges - $1,134.94 These charges are for one customer and were incurred 12/2005 and 1/2006. Insurance could not be cancelled retroactively, so collection was pursued through other means without avail. 5. Weed Abatement Charges - $102,091.78 Charges included in this total were sent to the collection agency in 2004, 2005 and 2006. These accounts are difficult to collect because of limited owner information. 6. EMS Ambulance Charges - $745,307.55 These charges from ambulance transports include uninsured claims or co-pay and deductibles that the customer should be responsible for. The original charge dates range from 2004 to 2006 and accounts have been with the collection agency for at least one year. BUDGETARY IMPACT None. I Individual Accounts with Balances over$1000 by Charge Code Building Permit Total 4,625.40 Demolition Total 42,912.50 Litter Total 948.00 Retiree Insurance Total 1,134.94 Weed Total 102,091.78 EMS Total 745,307.55 Grand Total 897,020.17 COLLECTIONS DETAIL FOR ACCOUNTS OVER$1000 for W/O CUSTOMER AMOUNT NAME UNPAID ABATTE, DIVERNA H Total 1,082.66 BASRA EUGENE JR ET UX Total 1,122.08 BLOUNT ERIC Total 1,051.25 BOLDEN, EUNICE ET AL Total 1,031.82 BOYD PRENTICE Total 1,134.94 BREWER LARRY Total 1,131.66 BURLINGTON NORTHERN SANTA Total 1,829.75 BURROWS MILLARD C JR ET U Total 1,211.50 CAUDLE W T Total 1,941.00 CHERRY DOUG ATTORNEY Total 1,073.90 CHEVIS CHARLES A TRUSTEE Total 11,070.00 COCO CONCETTA ESTATE Total 1,108.00 COLEMAN FLORENCE ESATE Total 1,039.12 COOK JAMES H Total 1,242.00 COOPER,ANNIESELLE ESTATE Total 1,092.00 COWARD ADAM SR Total 1,097.65 COXEFF BESSIE Total 1,187.00 DANIELS, GEORGE Total 3,056.65 DEYOUNG JOHN Total 1,149.50 DUMAS RAYMOND SR Total 1,379.37 EGLAND RAYMOND Total 3,515.56 FALKOWITZ BENJAMIN Total 1,370.70 FEIGELSON EUGENE A Total 5,428.74 FIDELITY FUNDING MORTGAGE Total 1,145.66 FIRST FEDERAL SAVINGS& L Total 1,070.75 GAUTREAUX JAMES R Total 1,017.92 GAYLES SYBIL Total 1,114.00 GAYLORD FLORENCE LOWANA E Total 1,173.47 GENGO KENNETH A JR&CONN Total 1,892.03 GILES DOLORES Total 2,771.74 GILFORD DAISEY Total 2,998.45 GUILBEAUX EMELDA Total 1,167.50 HAMILTON MILDRED L Total 1,129.97 HAWTHORNE RICKY Total 1,034.22 HAYNES ALFRED L Total 1,262.75 HAYNES ALFRED L&TAMARA Total 1,134.10 HERRERA EUGENIO Total 1,038.75 HOLMES EARNEST LEE Total 2,016.56 HOLST HOWARD J Total 1,208.00 HOPE&DEVELOPMENT CENTER Total 1,346.25 JOHNSON,MARKO&PAMELA Total 1,011.50 KAUFMAN JACOB A Total 1,126.50 KNIGHTON BESSIE MARIE Total 2,632.13 KNIGHTS OF PETER CLAVIER 6 Total 1,407.88 KYLES WAITER JR ET UX Total 2,583.82 LAMAR DEV CORP Total 1,054.90 LEATHERWOOD CARRIE K Total 1,245.50 LINCOLN JOHN Total 1,825.50 MATTHEWS,VANESSA Total 1,065.35 MINTER FANNIE Total 1,026.50 COLLECTIONS DETAIL FOR ACCOUNTS OVER$1000 for W/O CUSTOMER AMOUNT NAME UNPAID MOSSY RICHARD Total 1,�•� NELSON MARY Total 1,174.10 PAULE RONALD G Total 1,216.25 PETRO EXPRESS MANAGEMENT Total 7,242.59 PUGH W E Total 1,027.50 R&B HOMES LL 1,019.80 C Total REDEAUX JOHN Total 1,154.00 ROBINSON A C Total 1,158.75 SAMUEL TERRY TJC INVESTME Total 1,300.92 SAUNDERS ROBERT Total 1,136.11 SAVOY DANE KORY Total 1,166.20 SEMIEN MAEBELLE Total 13,359.50 SERIO,SAM Total 1,219.00 SIMMONS JAMES Total 1,282.96 SIMS DAN SR Total 1,392.18 SMITH DORIS Total 1,103.79 STATEWIDE CONSOLIDATED Total 4,674.65 TERRELL LAVERT BLANCHETT Total 4,050.25 THIBODEAUX JOSEPH Total 1,022.76 THOMAS JOHN J Total 1,082.86 THOMAS LIEUTENANT Total 1,134.25 VITAL, RITA Total 9,984.50 WALLACE CONSTRUCTION CO Total 2,047.05 WARD COPELAND Total 1,067.39 WARREN BROTHERS INC Total 1,489.25 WENNSTROM FRANCES ET AL Total 1,036.40 WOODS NOLIA JONES Total 1,025.00 Grand Total 151,712.62 Collection List- EMS accounts Over$1000 for WO CITY OF BEAUMONT Total Totals ABRAM,UQDAH 1,199.00 Totals ABSHIRE,JONATHAN 1,430.00 Totals ADAMS,VERONICA 1,238.00 Totals ALAGICH,JOSEPH 1,220.00 Totals ALEX,GARY 1,033.00 Totals ALI,FEROZ 1,262.00 Totals ALLEN,DAVID 1,172.00 Totals ALLEN,DOROTHY 1,262.00 Totals ANDERSON,RANDALL 3,416.00 Totals ARDOIN,TRAVIS 1,841.00 Totals ARMENTOR,BOONTUN 1,833.00 Totals ARMSTEAD,CHIQUITA 1,137.00 Totals AVILEZ,ROBERT 2,528.00 Totals BAIZE,CHRISTINE 1,492.00 Totals BARCHUS,BRIAN 1,222.00 Totals BARRETT,KENSLEY 1,086.00 Totals BASS,PEGGY 1,137.00 Totals BEARD,MARTIN 1,134.00 Totals BELL,ARTHUR 1,914.00 Totals BELL,HAROLD 1,261.00 Totals BELLARD,LISA 1,725.00 Totals BENDY,GRACE 1,300.00 Totals BENNETT,ERIC 3,674.00 Totals BENNETT,WILLIAM 3,180.00 Totals BENTON,JAMES 1,292.00 Totals BERRY,GREGORY 1,390.00 Totals BEYER,WERNER 1,849.00 Totals BIBI,SHARIFA 1,394.00 Totals BILL,AUSTIN 3,030.00 Totals BIRCH,TIMOTHY EVAN 1,194.00 Totals BIXENMANN,FREDERICK 1,214.00 Totals BLANCHARD,RENEE 1,771.00 Totals BLOUNT,MARY 1,753.00 Totals BOB,CIARRE 1,184.00 Totals BONNER,DARL 1,060.00 Togs BOOTHE,PAUL 1,362.00 Totals BOSWELL,RAY 1,748.00 Totals BOTLEY,ETHEL 1,612.00 Totals BOUDREAUX,CASEY 1,398.00 Totals BOWERS,JOYCE 2,324.00 Totals BOWIE,ARTHUR 1,262.00 Totals BOWIE,ERNEST 2,330.00 Totals BRACHETT,KIMBERLY 1,222.00 Totals BRANDON,RENIKA ANN 1,957.00 Totals BRASHEAR,CHARLES 2,468.00 Totals BREWER,TONY 1,485.00 Totals BRILEY,ESNEASA 1,238.00 Collection List - EMS accounts Over$1000 for WO CITY OF BEAUMONT Totals BROCK,KRISHNA 1,838.00 Totals BROOKS,ERIC 4,373.00 Totals BROUSSARD,CASSANDR 2,082.00 Totals BROUSSARD,DIANNE 1,825.00 Totals BROUSSARD,MARY 1,230.00 Totals BROUSSARD,RANDALL 1,145.00 Totals BROUSSARD,SHANNEL 1,872.00 Totals BROWN,ASHLEY 1,729.00 Totals BROWN,BECKY 1,137.00 Totals BROWN,DUSTIN 1,290.00 Totals BROWN,WONDER 1,041.00 Totals BRYANT,GARY 1,238.00 Totals BURNEY,MARY 1,681.00 Totals BUSH,DONALD 1,246.00 Totals BUTCHER,CHRISTOPHEF 1,214.00 Totals CALDWELL,BRANDON 1222.00 Totals CAREY,TOMMIE 1,338.48 Totals CARLISLE,FRANK 2,303.00 Totals CARRY,DAVID JOE M1TCF 1,254.00 Totals CASTILLO,ANTONIO 1,187.00 Totals CEASAR,HARRY 1,014.00 Totals CEASAR,MICHAEL 1,254.00 Totals CEDRICK,TROY 1,306.00 Totals CELESTINE,BRYAND 1,237.00 Totals CHAMBERS,MARILYN 1,246.00 Totals CHAPA,CHANDRA 1,214.00 Togs CHAPMAN,JOHN 1,041.00 Totals CHOPANE,RAYLANDE 1,179.00 Totals CLARK,LEROY 1,153.00 Totals CLAY,DAMESHIA 1,780.00 Totals CLAYPOOL,LARRY 2,970.00 Totals COLEMAN,AUGUST 3,322.00 Totals COLEMAN,JOHN 2,738.00 Totals COLEMAN,JOYCE 1,383.00 Totals COLLIER,JEFFRIE 1,186.00 Totals COLLINS,ANTONIO 1,079.00 Totals COLLINS,JOSEPH 1,149.0 Totals COMPTON,GRETHEN 3,081.00 Totals COOPER,CURTIS 2,081.00 Totals COSTLEY,ROBERT 1,246.00 Totals COURTS,LINDA 1,185.00 Totals COWARD,LONNIE 1,198.00 Totals COWARD,WANDA 1,246.00 Totals COX,ERICA 2,198.00 Totals CUMMINGS,BRENDA 1,429.00 Totals DARBONNE,ROLAND 1,230.00 Totals DAVENPORT,LATOISHA 1,697.00 Totals DAVIS,BRENDA 1,927.00 Totals DAVIS,CODY 1,531.40 Totals DAVIS,MARCELENE 1,160.00 Collection List - EMS accounts Over$1000 for WO CITY OF BEAUMONT Totals DAVIS,WALTER 2,012.00 Totals DELAFOSSE,JENIECE 1,769.00 Totals DELANEY,DARRELL 1,316.00 Totals DELANEY,SHAWN 1,365.00 Totals DEWITT,RACHAEL 1,514.00 Totals DEWITT,TIMOTHY 1,206.00 Totals DIAZ,CLARENCE 1,430.00 Totals DICKEY,NANCY 1,841.00 Totals DILLARD,BRIAN 1,337.00 Totals DIXON,MONICA 1,708.00 Totals DIXON,THADDEAUS 1,322.00 Totals DOLMAN,RODERICK 1,214.00 Totals DONNAHOE,JAMES 1,101.00 Totals DOURRAUSSOE,ARNETT 1,238.00 Totals DREW,BRIAN 1,729.00 Totals DUGAS,FELICIA 1,134.00 Totals DUKE,JAMES 15,773.00 Totals EAST,CHRISTOPHER 1,049.00 Totals EAST,GUY WILBORN 8,234.00 Totals EDWARDS,TERRY 2,140.00 Totals ESCORT,XAVIER 1,972.00 Totals ETHRIDGE,STANLEY 1,010.66 Totals EVANS,DARRELL 1,222.00 Totals FARR,CLARA 1,246.00 Totals FARROW,CARL 1,219.00 Totals FERGUSON,RONALD 1,262.00 Totals FITTS,MARY 1,997.00 Totals FONTENOT,DEMETRICE 1,214.00 Totals FONTENOT,DONALD 1,393.00 Totals FONTENOT,TERRY 1,195.00 Totals FONTENT,BRIAN 1,238.00 Totals FOWLER,JOSEPH 1,099.00 Totals FRANCIS,ALBERT 1,362.00 Totals FRANCISCO,BRANDY 1,360.00 Totals FRANKLIN,BILLY 1,322.00 Totals FRANKLIN,CANDICE 1,222.00 Totals FRAZIER,DIANNE 1,230.00 Totals FREDERICK CHRISTOPHI 1,462.00 Totals FULLER,FRANK 1,949.00 Totals FULLER,MARY 1,245.00 Totals GALLO,YOLANDA 1,294.00 Totals GANT,NELSON 5,503.00 Totals GANTT,JACKIE 1,153.00 Totals GARRETT,MELODIE 1,235.00 Totals GAULT,JAMES 1,330.38 Totals GENOVESE,JAMES 1,102.00 Totals GILLIAMS OWENS,PRECI, 1,230.00 Totals GILMORE,AFRAN 1,526.00 Totals GILMORE,STEVEN 1,194.28 Totals GOELOE,SEVELLIA 1,368.00 Collection List - EMS accounts Over$1000 for WO CITY OF BEAUMONT Totals GOINES,MICHAEL 1,214.00 Totals GONZALES,WILLIE 2,711.20 Totals GOODE,JOSHUA 1,153.00 Totals GOODWIN,ANGELA 5,532.00 Totals GOSS,REVA 1,238.00 Totals GRAHAM,LATOYYA 1,153.00 Totals GRANGER,DANIELA 2,983.00 Totals GRANT,CARLA 1,921.00 Totals GRAY,TODD 1,321.00 Totals GREEN,EULA 2,271.00 Totals GUILLORY,BERNADETTE 2,228.83 Totals GUILLORY,EARL 1,504.70 Totals GUILLORY,MARTHA 2,287.00 Totals HAIRGROVE,JANIS 3,822.00 Totals HALBERT,AMANDA 1,222.00 Totals HALL,ELLA 4,890.00 Totals HALL,WILLIAM 1,230.00 Totals HALLOCK,DAVID 8,848.00 Totals HANCOCK,TIFFANY 1,238.00 Totals HARDEN,ALICE 1,137.00 Totals HARMON,KEITH 1,052.00 Totals HARRIS,CATHERINE 1,568.48 Totals HARRIS,DIANA 2,271.00 Totals HARRIS,JEROME 1,057.00 Totals HARRIS-KINCAID,DEBBIE 1,253.00 Totals HARRISON,ELIZABETH 1,933.00 Totals HARRISON,JUDY 1,246.00 Totals HARRISON,MAXINE 1,192.00 Totals HAWKINS,MICHAEL 1,231.00 Totals HAWTHORNE,JACQUELIt 1,060.00 Totals HAWTHORNE,JAMES 1,214.00 Totals HAWTHORNE,VIOLA MAP 1,010.00 Totals HAYES,BILLY 1,222.00 Totals HAYS,BILLY 4,818.00 Totals HAYWOOD,FLOYD 4,856.00 Totals HEIFNER,AMANDA LYNN 1,585.00 Totals HELMICH,ROSETTA 1,168.00 Totals HENRY,JEANETTE 1,238.00 Totals HIGHTOWER,SAMMIE 8,169.00 Totals HILL,BOBBY 1,218.00 Totals HILLIARD,SONYA 1,984.00 Totals HOLLOMAN,VICKI 6,841.00 Totals HOLLY,RAYMOND 1,268.00 Totals HOLMES,SHARONDA 1,009.00 Totals HOPE,FREDRICK 1,214.00 Totals HOPKINS,STEPHEN 4,848.00 Totals HOUDEK THOMAS 1,721.00 Totals HOWARD,BRENDA 1,238.00 Totals HOWARD,MICHAEL 1,514.00 Totals HUBBARD,JERMAUD 1,222.00 Collection List - EMS accounts Over$1000 for WO CITY OF BEAUMONT Totals HUTCHERSON,VICKIE 1,346.00 Totals ISOM,CRAIG 1,102.00 Totals ISSAC,DWIGHT 1,222.00 Totals JACKSON,JOSEPH 1,206.00 Totals JACKSON,LECREASE 1,118.00 Totals JACKSON,LISA 2,448.00 Totals JAMES,JERMAINE 1,262.00 Totals JEFFERS,JASON 1,137.00 Totals JENKINS,LESTER 2,676.00 Totals JERUE,TOMMY 1,438.00 Totals JOHNSON,JASON 1,145.00 Totals JOHNSON,JOYCE 1,414.00 Totals JOHNSON,KENNETH 1,081.00 Totals JOHNSON,KENNETH DW, 1,065.00 Totals JOHNSON,PATRICIA 1,169.00 Totals JOHNSON,SHIRLEY 1,246.00 Totals JOHNSON,SWANN 1,141.00 Totals JOINER,CONSUELA 1,375.00 Totals JONES,BILLY 1,272.00 Totals JONES,NATASHA 1,254.00 Totals JONES,SKYLAR 1,171.00 Totals JONES,STEPHANIE 1,291.00 Totals JOSEPH,SHAMEKA 1,102.00 Totals JOSEPH,SHERMAN 1,903.00 Totals JOYE,TRINITY 1,189.00 Totals JULIEN,MICHELLE 1,102.00 Totals KELLEY,HEATHER 3,331.00 Totals KELLY,MARY 1,214.00 Totals KERN,RICHARD 1,389.00 Totals KHATOON,SYEDA 1,754.00 Totals KING,EILEENA 1,283.00 Totals KING,FRANKLIN 1,238.00 Totals KINNEY,CATHY 1,270.00 Totals KIRKENDOLL-WARD,COU 1,214.00 Totals KORT,JOSEPH 3,023.00 Totals KOTIN,RONALD 1,398.92 Totals LACKEY,DENISE 3,203.00 Totals LAMB,PATRICIA 2,218.00 Totals LANDRY,GEORGE 1,422.00 Totals LANDRY,KIZZY 1,849.00 Totals LAWRENCE,DANIELLE 1,24600 Totals LEE,LATASHA 1,857.00 Totals LEVELS,JACQUELINE 1,904.00 Totals LEWIS,ANGELA 1,214.00 Totals LEWIS,BARBARA 1,237.00 Totals LEWIS,BRENDA 1,222.00 Totals LEWIS,HARRY 1,246.00 Totals LEWIS,JOHN 5,604.00 Totals LEWIS,LASHONNA 1,672.00 Totals LEWIS,LEKEISHA 12,169.00 f Collection List - EMS accounts Over$1000 for WO CITY OF BEAUMONT Totals LIMBRICK,MELVIN 1,435.50 Totals LINDSEY,DAVID 1,254.00 Totals LITTLE,REKISHA 1,196.00 Totals LIVINGSTON,GEORGIA 1,222.00 Totals LLOYD,HAVEN 1,141.00 Totals MADISON,GLORIA 1,238.00 Totals MALONE,CALVIN 1,206.00 Totals MARKESTEYN,JOHN 1,190.00 Totals MARTIN,DANIEL KAYNE 1,261.00 Totals MARTIN,JERRY 3,181.00 Totals MASON,CLAUDE 3,79200 Totals MAYBERRY,MARK 1,238.00 Totals MAYES,RICKY 1,948.84 Totals MAYFIELD,BURNISE 2,982.00 Totals MAYFIELD,COURTNEY 1,788.00 Totals MCCAIN,BELINDA 1,2416.00 Totals MCCLAIN,MICHELLE 1,145.00 Totals MCDANIEL,JANA 1,153.00 Totals MCGOWAN,MARGIE 1,242.00 Totals MCGRUE,BOBBIE 1,430.00 Totals MCKENZIE,CLAYTON 1,142.00 Totals MCKENZIE,MYEISHA 1,120.00 Totals MCMAHON,CLEYON 1,873.00 Totals MCMURRY,TANYA 1,612.00 Totals MILLER,GENE 1,145.00 Totals MILLER,LILLIAN 1,102.00 Totals MILLS,EDWARD 1,246.00 Totals MIRES,NESBITT 1,155.96 Totals MITCHELL,LATASHIA 3,534.00 Totals MITCHELL,MICHAEL 1,246.00 Totals MOORE,CARL 1,044.00 Totals MORRIS,ARA 2,284.00 Totals MORRIS,HENRY 1,214.00 Totals MOUTON,TERRANCE 1,176.00 Totals NASH,SHELLY 1,254.00 Totals NELSON,JAMES 1,222.00 Totals NEVILS,CODY 1,719.00 Totals NEWMAN-BRIDGES,TAMI 1,262.00 Totals NJAIDI,ALLISON 1,126.00 Totals PALMER,DAVID 1,192.00 Totals PARKER,CAROLYN 3,293.00 Totals PARKS,DAVID 1,279.00 Totals PEACOCK,FELICIA 1,286.00 Totals PEACOCK,STEPHANIE 1,193.00 Totals PETE,SERINA 7,548.00 Totals PITTS,ARRON 1,283.00 Totals POLIDORE,HERBERT 1,846.00 Totals POLK,GINA 1,153.00 Totals PREJEAN,CODY 1,145.00 Totals PREVOST,DINAH WALKEI 1,169.00 Collection List- EMS accounts Over$1000 for WO CITY OF BEAUMONT Totals PRICE,SHEIKA 1,293.00 Totals RAMSEY,SHERRI 1,406.00 Totals RANDLE,RONALD 1,779.00 Totals RAVEN,CHARLES 1,254.00 Totals REED,CHARLES 1,187.00 Totals REED,JUDIE 1,828.00 Totals REESE,EVA 1,128.20 Totals RICHARD,DEBRA 1,795.00 Totals ROBERSON,ROY 1,163.00 Totals ROBERTS,TERESA 1,269.00 Totals ROBERTSON,RHONDA 1,121.00 Totals ROBINSON,ANTOINE 1,377.00 Totals ROBINSON,HILDA 1,169.00 Totals RODRIGUEZ,VIVIANO 1,817.00 Totals ROGERS,JACK 1,065.00 Totals ROLSTON,ROBERT 1,277.00 Totals ROMAS,CLARENCE 1,70200 Totals ROWE,NATASHA 1,041.00 Totals RUBIN,CAROL 1,695.00 Totals RUSHING,FORREST 1,264.00 Totals RUSHING,MARILYN 1,321.00 Totals RYAN,JOHN 1,153.00 Totals RYAN,MELISSA LYNN 1,177.00 Totals SALZMAN,GEORGE 1,849.00 Totals SAMES,WILLIAM 1,222.00 Totals SAMPSON,RICHARD 1,214.00 Totals SAMUELS,DAVID 1,809.00 Totals SARTAIN,TOMMY 1,049.00 Totals SCHOFIELD,CHRISTOPHI 1,346.00 Totals SCOTT-HOLCOMB,NINA 1,617.00 Totals SELLS,QUINTON WAYNE 1,118.00 Totals SENEGAL,DELLA 1,841.00 Totals SEPTER,KAREN 1,681.00 Totals SHAW,RUTH 1238.00 Totals SHILO,JAMES 1,214.00 Totals SHOULDERS,MAZELLA 1,214.00 Totals SIAS,KEONA 1,126.00 Totals SILVAS,WANDA 1,239.90 Totals SIMMONS,KENNETH 1,278.00 Totals SIMMONS,WINSTON 1,801.00 Totals SINCLAIR,WILLIAM 1,996.00 Totals SINGLETON,ALICE 1,086.00 Totals SLAUGHTER,COURTNEY 7,487.00 Totals SLAUGHTER,GENESE 1,016.00 Totals SMITH,CHRISTOPHER 1,274.00 Totals SMITH,CHRISTY 5,528.00 Totals SMITH,GEORGE 1,254.00 Totals SMITH,MARILYN 1,222.00 Totals SMITH,MILTON 1,741.00 Totals SMITH,SHARON 1,246.00 Collection List- EMS accounts Over$1000 for WO CITY OF BEAUMONT Totals SMITH,WANDA 1,193.00 Totals SNEED,ROSE 1,169.00 Totals SPENCER,JEREMY 1,575.00 Totals SPRIGGINS,WILLIE 1,300.00 Totals SPROTT,EDWARD 1,903.00 Totals ST MARY,ROSA 1,017.00 Totals STANLEY,PEGGY 2,690.00 Totals STEELE,JASON 2,051.00 Totals STELLY,WESLEY 1,270.00 Totals STEPHENS,MICHAEL 1,198.00 Totals STEVENSON,EMMANUEL 1,873.00 Totals STILTNER,HEIDI 1,075.00 Totals STOGUN,RUBY 2,107.00 Totals STOKER,JOSEPH 1,177.00 Totals STONE,MICHAEL 2,024.00 Totals STRICKLAND,SARAH LYN 5,123.00 Totals SWAFFORD,MICHELLE 1,715.00 Totals SYPHO,LASONYA 1,206.00 Totals TAPPIN,LOU ANN 1,055.82 Totals TARKINGTON,MELANIE 1,516.00 Totals TAYLOR,JUNE 1,206.00 Totals TAYLOR,KATHY 1,060.00 Totals THIBODEAU),JESSICA 1,092.00 Totals THOMAS,MARK 1,195.00 Totals THOMAS,STEVEN 1,710.00 Totals THOMPSON,LINDA 1,222.00 Totals TILLERY,KEN 1,230.00 Totals TORAN,ARKISHA 3,065.00 Totals TRAINER,CHERYL 1,238.00 Totals TREJO,JUAN 1,804.00 Totals TRIBES,SAMANTHA 3,018.00 Totals TROSCLAIR,STELLA 4,672.00 Totals VAN HUTS,JEREMY 3,230.00 Totals VANBUREN,PATRICIA 1,246.00 Totals VAUGHN,DAVID 2,213.00 Totals VICTORIA,BEVERLY 1,134.00 Tot VIDAL,GARLAND 1,430.00 Totals VILLARREAL,OSCAR 1,585.00 Totals VOTH,PAUL 1,257.00 Totals WALKER,JAMES 2,501.00 Totals WARD,AGNES 1,817.00 Totals WARD,RONNIE 1,737.00 Totals WARE,KAYLEE 1,941.00 Totals WASHINGTON,KEVIN SC( 1,997.00 Totals WASHINGTON,LESTER 1,214.00 Totals WATSON,WAYNE 1,238.00 Totals WHEATON,TRAVIS 1,253.00 Totals WHITE,CHERYL DARLYNI 1,145.00 Totals WHITE,DORIS 2,282.00 Totals WHITE,JOHELEN 1,049.00 Collection List - EMS accounts Over$1000 for WO CITY OF BEAUMONT Totals WHITTAKER,MATTHEW 1,102.00 Totals WIEGING,TAMMY 1,370.00 Totals WILDE THOMPSON,DONS 1,909.00 Totals WILEY,ANTHONY 4,445.00 Totals WILLIAMS,JESSICA 1,46200 Totals WILLIAMS,LARRY 1,206.00 Totals WILLIAMS,RYAN 1,276.00 Totals WILLIAMS,TAMMY 1,230.00 Totals WILRIDGE MOORE,SHALL 2,396.00 Totals WILSON,CHARLES 1,230.00 Totals WILSON,KRYSTLE 2,141.00 Totals WILSON,LAURIE 1,118.00 Totals WILSON,PAULA 2,788.00 Totals WINLAND,DONNA 1,921.00 Totals WOOD,ASHLEIGH 1,238.00 Totals WOOD,GENNIFER 1,153.00 Totals WOODS,PERSHAWENA 1,865.00 Totals WOODS,TERRY 6,179.00 Totals WORTHEN,TINA 1,177.00 Totals )OOK XX 1,179.00 Totals YOUNSE,LORI 1,753.00 Totals ZACHARY,MARY 1,278.00 Totals ZENO,VANESSA 1,057.00 420 745,307.55 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the write-off of the following uncollectible delinquent accounts totaling $897,020.17 for which each individual account exceeds $1,000: Building Permits $ 4,625.40 Demolition Charges $ 42,912.50 Litter Abatement Charges $ 948.00 Retiree Insurance Charges $ 1,134.94 Weed Abatement Charges $102,091.78 EMS Ambulance Charges $745,307.55 PASSED by the City Council of the City of Beaumont this the 18" day November, 2008. - Mayor Becky Ames - D RICH WITH OPPORTUNITY 17L A, ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible water accounts. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible water accounts totaling $16,661.45 for which each individual account exceeds $1,000.00. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from September of 2006 through January of 2007. A detailed report is attached. Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at anytime an account becomes collectible after having been written-off, the receivables of the City will be adjusted accordingly. The balance of the account will be reinstated and payments will be applied to the balance. In addition, the customer will not be able to obtain new water service within the City until the delinquent balance has been paid. BUDGETARYIMPACT None, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, in accordance with adopted policy, the Council hereby approves the write-off of uncollectible water accounts totaling$16,661.45 for which each individual account exceeds $1,000 as shown on Exhibit "A" attached hereto. PASSED by the City Council of the City of Beaumont this the 18th day November, 2008. - Mayor Becky Ames - PREPARED 4/08/08, 9:42:41 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY - > $1000 -COUNCIL APPROVAL City of Beaumont - Customer Service ---------------------— CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION 380633 ADAMS,JENNIFER (409) 223-0702 601 S MORGAN ST GRANBURY TX 76048 146242 610 CHURCH ST 4/07/08 1,126.99 1,126.99 1/10/07 14 YES 379513 ALEXANDER,DEDRA (409) 454-4114 5270 WILBUR BLVD BEAUMONT TX 77705-5935 180988 5270 WILBUR BLVD 4/07/08 1,835.29 1,835.29 10/17/06 14 YES 177843 BRENER,STEVE H 060992246609 (409) 728-3930 2126 13TH ST PORT NECHES TX 77651-3829 122396 2730 MAJOR S DR 4/07/08 1,021.37 1,021.37 12/13/06 35 YES 101575 DIKON,CECILE A 040801252814 (409) 835-7102 250 E CHURCH ST BEAUMONT TX 77705 169626 250 CHURCH E ST 4/07/08 1,305.63 1,305.63 12/14/06 25 YES 113189 FCI MULTI-FAMILY CONSTRUCTION 042101388406 (713) 461-7778 M 9821 KATY FWY STE 900 V HOUSTON TX 77024-1212 433636 5230 M L KING JR PRY BID 4 4/07/08 2,544.32 2,544.32 9/01/06 2 YES W 4831 GOSS,ROY L 010030073016 (409) 466-8246 450 E GILL ST BEAUMONT TX 77703-3208 n 225414 450 GILL E ST 4/07/08 1,060.06 1,060.06 12/01/06 28 YES 115737 MATTE,JOSEPH D 042101427807 (409) 813-2514 2196 FRANKLIN ST BEAUMONT TX 77701-5043 411890 6010 PORT ARTHUR RD 4/07/08 1,100.-.0 1,100.00 10/17/06 23 YES 12129 ROGERS,KEVIN 010080191803 (409) 291-9109 1555 LINSON ST BEAUMONT TX 77703-5436 190428 1555 LINSON ST 4/07/08 1,069.41 1,069.41 9/05/06 16 YES 54889 SCOTTISH INN'S 032050730703 (409) 899-3152 3933 HIGHWAY 90 COLUMBUS TX 78934-3449 408136 2640 I H 10 E 4/07/08 5,598.38 5,598.38 12/11/06 49 YES **' COLLECTION AGENCY TOTALS- NO. OF CUSTOMERS- 9 16,661.45 16,661.45 DELETED RECORDS .00 .00 PREPARED 4/08/08, 9:42:41 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY SUMMARY City of Beaumont - Customer Service ------------------------------------------------------------------------------------------------------------------------------------ TOTAL TOTAL TOTAL COLLECTION AGENCY CUSTOMERS LOCATIONS AMOUNT ------—---------------------------------------------------—--------------------------------------------------------------------- > $1000 -COUNCIL APPROVAL 9 9 16,661.45 *** TOTALS *** 9 9 16,661.45 E RICH WITH OPPORTUNITY r T • E • x • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider an Amendment to the Lease Agreement with University of Texas Medical Branch at Galveston(UTMB). RECOMMENDATION The Administration recommends the execution of an Amendment to the 1992 Lease Agreement with UTMB and the City of Beaumont to extend the lease for one(1)year and to increase the monthly rent rate. BACKGROUND City Council approved the existing Lease Agreement with UTMB on October 7, 1992. That Lease provided for a collaborative agreement between UTMB and the City of Beaumont Public Health Department to provide health services to women and children in Beaumont and Jefferson County. The Agreement designated the responsibility for maternity and family planning services to the UTMB group, with the City complementing these services by providing well-child and Women's, Infants, Children(WIC) services. The Agreement required the City to provide UTMB with clinic space adequate to allow both programs at the same location. Provisions in the Agreement allow for the space provided by the City to be leased to UTMB through a separate Agreement. The Lease allows UTMB to utilize approximately 8,200 square feet of space at the Beaumont Public Health Department building located at 950 Washington Boulevard. Three (3) Amendments since 1992 have been executed extending the term of the original lease and increasing the rental payments. The City and UTMB had expressed interest in entering into a new five(5)year agreement rather than another amendment, but due to Hurricane Ike and the recovery that UTMB in Galveston is having to go through, we were unable to get a new five(5) year lease negotiated timely. The proposed Amendment No. 4 provides for a one (1)year extension to the Lease beginning October 7, 2008 and expiring October 6, 2009. Also provided is a 4.5%increase in the rental rate from $2,870 per month to $3,000. UTMB bears the expense of utilities and janitorial services. Either party may terminate the Lease with six (6) months advance written notice. All other provisions of the Lease remain the same. BUDGETARY IMPACT Monthly rental payments will be increased from$2,870 per month to $3,000 per month, for a total of$36,000 for the one(1)year Lease. Revenues will be deposited in the General 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 execute Amendment No.4 to the 1992 Lease Agreement with the University of Texas Medical Branch at Galveston(UTMB)to extend the lease for one(1)year beginning October 7,2008, and expiring October 6, 2009, and increasing the rental rate from $2,870 per month to $3,000. The amendment 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 18th day November, 2008. - Mayor Becky Ames- FOURTH AMENDMENT AND RENEWAL OF SPACE LEASE AGREEMENT This Fourth Amendment and Renewal of Space Lease Agreement("Amendment')is entered into by and between the CITY OF BEAUMONT ("Lessor") and the BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, for the use and benefit of The University of Texas Medical Branch at Galveston("Lessee"),effective as of October 7,2008. RECITALS A. Lessor and Lessee entered into that Space Lease Agreement(the"Lease") dated as of October 7, 1992, wherein Lessor leased to Lessee and Lessee leased from Lessor approximately 8,200 net usable square feet located at 950 Washington Boulevard in Beaumont, Texas, as more specifi- cally described in the Lease. B. Lessor and Lessee subsequently amended the original Lease by a First Amendment dated September 24, 1997,which extended the term of the Lease to begin on October 7, 1997 and end on October 6, 2002. Lessor and Lessee subsequently amended the original Lease by Second Amendment dated March 6, 2002, which extended the term of the Lease to begin on October 7, 2002 and end on October 6, 2007. Lessor and Lessee subsequently amended the original Lease by Third Amendment dated October 7, 2007, which extended the term of the Lease to begin on October 7,2007 and end on October 6,2008. C. Lessor and Lessee wish to amend this Lease to renew and extend the term of the Lease and wish to enter into this Amendment to evidence the renewal of the term and increase the rent. AGREEMENT In consideration of the terms and conditions set forth herein,and for other good and valuable con- sideration,the receipt and sufficiency of which are hereby aelmowledged,Lessor and Lessee hereby agree to amend the Lease as follows: 1. Renewal of Lease Term. The term of the Lease is extended for an additional period commenc- ing October 7, 2008 and ending on October 6, 2009,unless sooner terminated as provided in the Lease. Lessor and Lessee agree that execution of this Amendment by both parties is effective to extend the term,and any other conditions for extension contained in the Lease are hereby waived for the purposes of this renewal term. 2. Monthly Rental. Lessee will pay Lessor a rental of not more than THREE THOUSAND AND Page 1 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTU B/K-08-00200 S:kb6a&SeaumontCityof/Beaumont4th EXHIBIT `A' 1 Z NO/DOLLARS ($3,000.00),per month during the term commencing October 7,2008 and ending October 6,2009. 3. Change in Location. If Lessor moves its health department offices from the leased premises located at 950 Washington Boulevard in Beaumont,Texas,to another location,Lessee shall have the option to terminate this Lease upon 30 days written notice or enter into a new lease agreement with Lessor for space in the new location. 4. Defined Terms and Ratification. Except as amended or modified by this Amendment, the Lease shall continue in full force and effect as therein provided and the Lease is hereby ratified in all respects by Lessor and Lessee. Except as otherwise defined in this Amendment, each of the terms used herein shall have the same meaning assigned to such terms in the Lease. IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be ex- ecuted by their authorized representatives, to be effective as of the year and date first above written. LESSOR: LESSEE: The City of Beaumont,Texas Board of Regents of the University of Texas System for the use and Benefit of The University of Texas Medical Branch at Galveston By: By: Kyle Hayes Lawrence E.Revill City Manager Vice President of Finance Date: Date: Content Reviewed Approved: By: Gary D.V.Hankins,M.D. Jenny Sealy Distinguished Professor and Chair Obstetrics &Gynecology Page 2 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/K-08-00200 S:kb,jag/BeaumontCityoVBeaumont4th r i # V THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged and sworn to before me on the day of 2008,by Lawrence E.Revill,Vice President of Finance, for on behalf of the Board of Regents of The University of Texas System. Notary Public, State of Texas Printed Name: Commission Expires: THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged and sworn to before me on the day of 2008,by , of the City of Beaumont,Texas, for and on behalf of the City of Beaumont,Texas Notary Public, State of Texas Printed Name: Commission Expires: Fourth Amendment to Lease Agreement Page 3 City of Beaumont,Texas/UTMB/K-08-00200 S.kbr ag/BeaummtCityoflBeaumont4th RICK WITH OPPORTUNITY IIEA,[11�10111 T • E • X • A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Three Party Agreement. RECOMMENDATION The Administration recommends the City Manager be authorized to execute a Three Party Agreement with the Port of Beaumont and BNSF (Burlington Northern Santa Fe) Railway for the construction of the Calder Avenue Drainage Project. BACKGROUND The Calder Avenue Drainage Project requires box culverts to be constructed under railroad tracks owned by the BNSF Railroad Company. The railroad tracks are located within the drainage easement conveyed to the City of Beaumont by the Port of Beaumont and within the street right-of-way of Elizabeth Street and Cypress Street. The agreement is required to allow the construction work to proceed under the railroad tracks. BUDGETARY IMPACT None. \eng3party_agreement-ib 7 November 2008 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Three Party Agreement with the Port of Beaumont and Burlington Northern Santa Fe Railway (BNSF) to allow construction work associated with the Calder Avenue Drainage Projectto proceed underthe railroad tracks. 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 18th day November, 2008. - Mayor Becky Ames - THREE PARTY AGREEMENT PROJECT:Calder Avenue Project THE STATE OF TEXAS X COUNTY OF JEFFERSON X THIS AGREEMENT, by and between the CITY OF BEAUMONT, TEXAS, the PORT OF BEAUMONT NAVIGATION DISTRICT OF JEFFERSON COUNTY,TEXAS,and the BURLINGTON NORTHERN SANTA FE RAILWAY,acting by and through its duly authorized Agent. W I T N E S S E T H THAT WHEREAS,the CITY OF BEAUMONT,PORT OF BEAUMONT and BNSF RAILWAY have reached an agreement wherein the CITY OF BEAUMONT is to install a storm drainage system within the drainage easement conveyed to the CITY OF BEAUMONT by the PORT OF BEAUMONT,and under the BNSF RAILROAD TRACK located within the street R.O.W.of Elizabeth Street and Cypress Street. WHEREAS,It is further agreed that upon execution of the agreement the CITY OF BEAUMONT will be granted a sixty one(61)hour construction schedule to complete the crossing.The sixty one(61)hours shall run continuous and provides forty eight(48)hours of continuous time for the City's Contractor to perform work under the railroad tracks and includes thirteen(13)hours for the Port's Contractor to remove and then to replace two sections of track.The City shall reimburse the Port the sum of$16,098.00 to complete this work. Thirty(30)days prior to this work beginning,the City will be granted a"Clear Zone"of ninety(90)days to complete the work East of the tracks. During this ninety(90)days,the PORT and BNSF agree to keep the drainage easement clear of any and all parked railcars.All work under the railroad tracks will meet construction methods as required by BNSF RAILWAY.The start date and time will be determined and agreed upon by all parties; NOW,THEREFORE,IT IS AGREED that the PORT OF BEAUMONT and BNSF hereby grants to the CITY the right and privilege to perform this work as shown on the attached plan sheet, and which is made a part hereof. THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. EXECUTED this day of ,2008. CITY OF BEAUMONT PORT OF BEAUMONT By: By. Name: Name: (Punted) (Printed) Title: Title: BNSF RAILWAY By: Name: (Printed) Title: nMMPARTYAGREEIvf NT.wpd EXHIBIT`A' a F(R.O.W.) 1 j CYPRESS ST. gp� %Lx OPE E-80 LOADING BOXES _ s mre mna msn 'a• i M 7.� 14'x10'BOXES ( PE T .) y 1 wa.0 xa R vw ary m 4n a ra aw4 er e rp �W I I.IZAI9E7' E rs to� r-R' r 41rr1 C W (pF. 4,� � \\ j r•-••wn a wrm ry>ta mwv `;��f W 3 r� I►\ \r \♦ /� RAILROAD CROSSING gt, STA. 276+51.34 TO STA. 277+5.34 m a�0.9�W •\ II5 \r\ " 1 (COOPER E-BO LOADING BOXES) G.[a7 z E F d r \r SCALE:NTS 0 9�'•.�' xz� s F.w 0 a i C7 16 9 /R TFACK EVATIMS n 00 16 R.C.W. PIR FILE 15 U 1 .13 13.53 14 _ a 4 13 57 E- LOAD BO ES 1z STA. 276+6.34 T STA. 277 .34 lz i i F i 10 10 IL RAUtOAa CY10551N0 I1' O f B f qGA 6 6 A. � � O TOP C 80 10.5 T 6 4 ® i PLAN&PROFILE 1 a ® � a CALDER AVE. x 2 ® ® PHASE PROMSED p• ROCK i .ar i STA 276"1.34 TO STA.277+534 SHEET 2 OF 2 w:o - rWerMo -1 _2 .rum RICH WITH OPPORTUNITY BEA,UMON* T - E - A - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 18, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department 2. Consider the award of a contract for sand cement 3. Consider the award of a contract for container and solid waste collections at various city-owned facilities 4. Consider the award of a bid to replace the roof on the Beaumont Municipal Airport terminal building 5. Consider granting a new solid waste collection and transportation service franchise 6. Consider approving amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorizing the City Manager to execute the required amendment documents 7. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program WORKSESSION * Receive a status report related to planned improvements for the Tennis Complex located at the Athletic Complex * Review and discuss the Community Development Block Grant and HOME Programs * Review and discuss the Seismic Testing Ordinance EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tina Lewallen vs. the City of Beaumont Curtis Guillory vs. the City of Beaumont April Gentry vs. the City of Beaumont Claim of Donald Jackson COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 November 18,2008 Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department RICH WITH OPPORTUNITY ILI ► � T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney v MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider amending Section 21-75 of the Code of Ordinances to increase the number of Grade II Sergeant positions and reduce the number of Grade I Patrol positions in the Beaumont Police Department . RECOMMENDATION Administration recommends amending Section 21-75 of the Code of Ordinances to increase the number of Grade II Sergeant positions by one (1) and to reduce the number of Grade I Patrol positions by one (1). BACKGROUND On November 4, 2008, Council approved the settlement of the lawsuit styled Scott Lisenby, et al vs. the City of Beaumont, et al. This suit, filed in June 2008, involved alleged discrepancies with a Grade II Sergeant promotional process. Resolution of the litigation necessitates increasing the number of sergeant positions in the Police Department by one (1) in order to facilitate the promotion that will occur. An eligibility list has been previously certified by the Civil Service Commission. In order to maintain the current staffing, Administration would recommend reducing the Grade I Patrol positions by one (1). BUDGETARYIMPACT The difference in increasing the Grade II position and reducing the Grade I position is approximately $7,000.00. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE THE NUMBER OF GRADE II SERGEANT POSITIONS FROM 40 TO 41 AND DECREASE THE NUMBER OF GRADE I PATROL POSITIONS FROM 205 TO 204; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 21, Section 21-75, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 21-75. Grades and Classifications - Police Department. The following grades and classifications are hereby established within the Police Department: Grade Classification Positions Officers 204 I I Sergeants 41 III Lieutenants 16 IV Captains 3 Assistant Chief 1 Total 265 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances,should for any reason be held to be invalid,such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith,including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED b the City Council f to y y o the City of Beaumont this the 18 day November, Y Y 2008. - Mayor Becky Ames - 2 November 18, 2008 Consider the award of a contract for sand cement RICH WITH OPPORTUNITY 1 T • E - x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider authorizing the award of a contract for sand cement. RECOMMENDATION The administration recommends the award of a one(1)year contract to Transit Mix of Beaumont, Texas with an estimated total expenditure of$227,000. BACKGROUND Bids were requested for a one(1)year contract for sand cement for use by the Public Works and Water Utilities Departments. The material is used in the maintenance of water lines and meter boxes, the installation of culverts, and to repair driveways. Five(5)vendors were notified with two (2) responding with bids. The bids received are as follows: Est.Qnau ty Docriptim Tran*Wiz Knife River Beaumont,TX Beaumont,TX 5,000 tons 1 sack sand cement $15.00/ton $16.50/ton 1,000 tons 1-1/2 sack sand cement 16.00/ton 19.00/ton 2,000 tons 2 sack sand cement 18.50/ton 21.50/ton 1,000 tons 2-1/2 sack sand cement 21.00/ton 24.00/ton 1,000 tons 3 sack sand cement 23.50/ton 26.50/ton 1,000 tons 3-1/2 sack sand cement 26.00/ton 29.00hon 1,000 tons 4 sack sand cement 28.50/ton 31.50/ton Total $227,000 1 $255,500 One Year Contract for Sand Cement November 18,2008 Page 2 The prior contract was with Knife River and the prices were as follows: Est.Quantity Product Description Prior Contract Price/Ton 5,000 tons 1 sack sand cement $15.00 1,000 tons 1-1/2 sack sand cement 16.50 2,000 tons 2 sack sand cement 18.00 1,000 tons 2-1/2 sack sand cement 20.00 1,000 tons 3 sack sand cement 22.00 1,000 tons 3-1/2 sack sand cement 24.00 1,000 tons 4 sack sand cement 26.50 BUDGETARY IMPACT Funds are available for this expenditure in the Departments' respective operating budgets. RESOLUTION NO. WHEREAS, bids were received fora one (1)year contract for the purchase of sand cement for use by the Public Works and Water Utilities Departments; and, WHEREAS,Transmit Mix, Beaumont,Texas,submitted a bid in the unit cost amounts shown below for an estimated total expenditure for the contract period of$227,000: 5,000 tons 1 sack sand cement $15.00/ton 1,000 tons 1-1/2 sack sand cement 16.00/ton 2,000 tons 2 sack sand cement 18.50/ton 1,000 tons 2-1/2 sack sand cement 21.00/ton 1,000 tons 3 sack sand cement 23.50/ton 1,000 tons 3-1/2 sack sand cement 26.00/ton 1,000 tons 4 sack sand cement 28.50/ton Total $227,000 and, WHEREAS, City Council is of the opinion that the bid submitted by Transit Mix, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Transit Mix, Beaumont, Texas, for sand cement in the unit cost amounts shown above for an estimated total expenditure forthe contract period of$227,000 be accepted by the City of Beaumont. PASSED by the City Council of the City of Beaumont this the 18' day November, 2008. - Mayor Becky Ames - 3 November 18,2008 Consider the award of a contract for container and solid waste collections at various city-owned facilities RICH WITH OPPORTUNITY 1 T • Z • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider the award of a contract for container and solid waste collections. RECOMMENDATION The administration recommends the award of an annual contract to Waste Management of Beaumont, Texas in the estimated amount of$75,439.32. BACKGROUND Refuse container and collection services are required at approximately thirty-one(3 1) sites throughout the City. The size of refuse containers required at each location range in size from two (2)to ten(10)cubic yards and the collection frequency rates typically range from one(1)to four(4)times per week. A copy of the bid tabulation is attached. Bid specifications stated the size of containers currently in use and the frequency of collections currently required by the City. The specifications allow the City to add or delete containers and change locations or container sizes as needed. The award of the bid is based on the number of containers and locations currently being serviced. The following bids were received: VENDOR ESTIMATED MONTHLY COST Waste Management, Beaumont, TX $6,286.61 Triangle Waste Solutions, Port Arthur, TX $7,079.55 The monthly cost of last year's contract with Waste Management was approximately$5,940.57. The increase is attributed to an increase of locations and collection frequency. Annual Contract for Container and Solid Waste Collection November 18, 2008 Page 2 BUDGETARY IMPACT Funds are available in various departmental operating budgets in the General Fund and in the Fleet Fund, Water Utilities Fund, and the Henry Homberg Golf Course Fund. BID TABULATION: CONTAINER AND SOLID WASTE COLLECTION PAGE 1 MONTHLY PRICES: WASTE MANAGEMENT Beaumont, TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $19.23 $38.45 $57.67 $76.90 $96.12 $115.35 4 CUBIC YARDS $38.45 $76.90 $115.35 $153.80 $192.25 $230.70 6 CUBIC YARDS $57.67 $115.35 $173.02 $230.70 $288.37 $346.05 8 CUBIC YARDS $76.90 $153.80 $230.70 $307.60 $384.50 $461.40 10 CUBIC YARDS $96.13 $192.25 $288.38 $384.50 $480.63 $576.75 TRIANGLE WASTE SOLUTIONS Port Arthur, TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $21.65 $43.30 $64.95 $86.60 $108.25 $129.90 4 CUBIC YARDS $43.30 $86.60 $129.90 $173.20 $216.50 $259.80 6 CUBIC YARDS $64.95 $129.90 $194.85 $259.80 $324.75 $389.70 8 CUBIC YARDS $86.60 $173.201 $259.80 $346.40 $433.00 $519.60 10 CUBIC YARDS 1 $108.25 $216.501 $324.75 $433.00 $541.25 $649.50 BID TABULATION: CONTAINER AND SOLID WASTE COLLECTION PAGE 2 MONTHLY PRICES: TYPICAL PLACEMENT: LOCATION SIZE QTY PICK-UPS WASTE Triangle (CU.YD.) PER WEEK MNGT Waste City Hall 10 1 3 $288.38 $324.75 Building Services 10 1 1 $96.13 $108.25 Municipal Court 10 1 1 $96.13 $108.25 Art Museum 4 1 2 $76.90 $86.60 Best Years Center 10 1 1 $96.13 $108.25 Zarahias Park 8 2 2 $307.60 $346.40 Coliseum 6 2 3 $346.04 $389.70 Fair Grounds 10 2 2 $384.50 $433.00 Civic Center 10 3 4 $1,153.50 $1,299.00 Harvest Club 10 1 4 $384.50 $433.00 Athletic Complex 10 4 1 $384.50 $433.00 Tennis Center 6 1 1 $57.67 $64.95 Collier's Ferry Park 10 1 2 $192.25 $216.50 Imagination Station 8 1 2 $153.80 $173.20 Pruitt Activity Center 10 1 1 $96.13 $108.25 Tyrrell Park 8 2 2 $307.60 $346.40 Rogers Park 8 1 3 $230.70 $259.80 JP Richardson 4 1 1 $38.45 $43.30 Parks Oper Center 10 1 1 $96.13 $108.25 Alice Keith Park 6 1 2 $115.35 $129.90 Sprott Park 6 1 2 $115.35 $129.90 Chariton Pollard 2 1 1 $19.23 $21.65 Fire Admin Bldg 4 1 1 $38.45 $43.30 Fire Station#1 4 1 1 $38.45 $43.30 Fire Training 10 2 1 $192.25 $216.50 Health Dept 10 2 1 $192.26 $216.50 Police Dept 8 1 3 $230.70 $259.80 Fleet Management 4 1 2 $76.90 $86.60 Fleet Management 2 1 2 $38.45 $43.30 Water Cust Svc 8 1 2 $153.80 $173.20 Golf Course 6 1 1 $57.67 $64.95 CVB 6 1 1 $57.67 $64.95 Sign Shop 81 1 1 $76.90 $86.60 Water Production 101 1 1 $96.13 $108.25 TOTAL MONTHLY CHARGE FOR TYPICAL PLACEMENT: $6,286.61 $7,079.55 TOTAL YEARLY CHARGE FOR TYPICAL PLACEMENT: $75,439.32 $84,954.60 RESOLUTION NO. WHEREAS, bids were received for an annual contract for container and solid waste collections; and, WHEREAS,Waste Management, Beaumont,Texas,submitted a bid in the estimated monthly cost of$6,286.61 and an estimated annual cost of$75,439.32; and, WHEREAS, City Council is of the opinion that the bid submitted by Waste Management, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THATthe bid submitted by Waste Management, Beaumont,Texas,foran annual contractfor container and solid waste collections in the estimated monthly cost of$6,286.61 and an estimated annual cost of $75,439.32 be accepted by the City of Beaumont. PASSED by the City Council of the City of Beaumont this the 18t`' day November, 2008. - Mayor Becky Ames - 4 November 18,2008 Consider the award of a bid to replace the roof on the Beaumont Municipal Airport terminal building RICH WITH OPPORTUNITY [I 11EM . � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Director of Public Works MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider the award of a bid to replace the roof on the Beaumont Municipal Airport terminal building RECOMMENDATION Administration recommends the award of a bid to Bruce's General Construction of Beaumont in the amount of$64,400. BACKGROUND Three (3) bids were received on Thursday, October 16, 2008 for all labor, materials, and equipment necessary to construct a roof on the terminal building at the Beaumont Municipal Airport. The roof has deteriorated due to age as well as damage from hurricanes in recent years. The City has received a grant from the Texas Department of Transportation Aviation Division that provides local governments with funding for airport maintenance and repairs. The Routine Airport Maintenance Program(RAMP) Grant is a 50150 matching grant up to $50,000 for each fiscal year. Based on the low bid received, the grant program will reimburse the City $32,200 of the terminal building roof replacement project. Bids received are as follow: Contractor Price Completion Time Bruce's General Construction, Inc., Beaumont, TX $64,400 60 calendar days MCT Sheet Metal, Inc., Beaumont, TX $71,940 60 calendar days Texas LiquaTech Services,Inc., Houston, TX $84,754 60 calendar days Bruce's General Construction is a certified Minority Business Enterprise company. The project will commence in December and be completed by February 2009. Airport Terminal Building Roof Replacement November 18, 2008 Page 2 BUDGETARY IMPACT Funds are provided by the RAMP Grant requiring a 50% match. Matching funds are budgeted in the Airport Fund. RESOLUTION NO. WHEREAS, bids were received forall labor, materials, and equipment necessary to construct a roof on the terminal building at the Beaumont Municipal Airport; and, WHEREAS, Bruce's General Construction, Beaumont,Texas,submitted a bid in the amount of$64,400; and, WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General Construction, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Bruce's General Construction in the amount of$64,400 for all labor, materials,and equipment necessary to construct a roof on the terminal building atthe Beaumont Municipal Airport be accepted by the City of Beaumont. PASSED by the City Council of the City of Beaumont this the 18th day November, 2008. - Mayor Becky Ames - 5 November 18,2008 Consider granting a new solid waste collection and transportation service franchise RICH WITH OPPORTUNITY I'Lo ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 18, 2008 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to Coastal Waste Disposal, Inc. BACKGROUND According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Four(5) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Coastal Waste Disposal, Inc. has requested that the City Council grant the company such franchise agreement. Coastal Waste Disposal, Inc. is locally owned and has regional operations with one of its offices located at 4749 Odom Road in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty(30) days from the first reading. The ordinance does not take effect until sixty(60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four(4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the franchise agreement for your review. BUDGETARYIMPACT A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: WHEREAS,Coastal Waste Disposal, Inc.(the"Company"), has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Coastal Waste Disposal, Inc., the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the"service"). For purposes of this franchise, the term "solid waste collection and transportation service"shall mean the regular business of collection, hauling ortransporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive,and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty(60)days afterthe final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1)year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty(30) days after final passage hereof. Upon the expiration of the term hereof,this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City,on or before the fifteenth(15th)day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments,charges,or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance,the Company shall furnish to the City a listing of customers served, including customer name, address,frequency of pick-up,size of container ortype of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served,frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise,carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations underthis franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense,any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company,its agents,servants or employees,and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00)property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise,and it shall be maintained in force during the term of the franchise. 3Y General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury,and One Hundred Thousand Dollars($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty(30)days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall,at all times during the term of this franchise,be subjectto all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city,county,state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles,containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean,sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal,state, and local regulations. Collection vehicles and all bulk,commercial,and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight(48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in orderto provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company,the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten(10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company,the City Council may,after a public hearing in which Company is provided an opportunityto present evidence concerning such violation,declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Companywhen provided by certified mail to the address furnished by Company to City. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3827, Beaumont, Texas 77704. Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty(20)days prior to the effective date of this franchise,the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid Cityof Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise,the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision orto falsifythe information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 18th day of November, 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the_ day of , 2008. - Mayor Becky Ames - ACCEPTANCE: Coastal Waste Disposal, Inc. By: 6 November 18, 2008 Consider approving amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorizing the City Manager to execute the required amendment documents RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 18, 2008 REQUESTED ACTION: City Council approve amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment documents. RECOMMENDATION The Administration recommends City Council approve amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment documents. BACKGROUND City Council previously authorized an agreement and subsequent amendments with the Southeast Texas Regional Planning Commission for the City's Housing Services Division to administer federal Disaster Recovery funds from the Texas Department of Housing&Community Affairs ("TDHCA") in the amount of Five Million One Hundred Forty-Five Thousand Dollars ($5,145,000) used for Owner-Occupied Repairs ($2,400,000), Reconstruction($2,500,000), and for Administrative Costs($245,000). Amendments at the State level have been made to the program. The first amendment is an Amendment for Extension of Contract that extends the timeline for program completion from October 31, 2008 to December 31, 2008, and any forthcoming extensions of time not to exceed April 30, 2009. The intent of the referenced forthcoming extension is to address construction delays that resulted from Hurricane Ike and relieve the program administration of additional delay that may result from having to come back to Council for approval of any additional needed extensions. The second amendment is an Amendment to the Interlocal Agreement that clarifies the City's limit of financial responsibility upon completion of rehabilitation or reconstruction activity. The City asked the Southeast Texas Regional Planning Commission to provide language that relieves the City from further review or financial responsibility when providing assistance to homeowners who have delinquent property taxes but have either a tax payment plan that they are current on or a have a deferral. This amendment assures the City that, upon completion of a rehabilitation or reconstruction activity, it has no future liability for unpaid taxes whether caused by default on a tax payment plan by a homeowner or by the death of a homeowner with a deferral. Thirdly, the cost to administer the TDHCA Disaster Program has exceeded the available Administration line item of$245,000. The City has requested additional Administrative funds from TDHCA in the amount of$195,874 to cover deficiencies and projected costs to administer the program through its completion. The Administration requests Council authorize a forthcoming amendment to increase the Administration line item up to $195,874. These additional administrative funds will not result in a reduction of assistance to those receiving help through this program. BUDGETARY IMPACT Funding will be provided from TDHCA Housing Trust Funds for Community Development Block Grant Disaster Recovery Projects. � s Soutfs Eo#Tots$ � Rtgia40104 04, :,- Coamission November 6,2008 PRESIDENT Kyle Hayes,City Manager DELORIS"BOBBIE"PRINCE City of Beaumont,TX Maya 801 Maine,Suite 300 City of Port Arthur Beaumont,TX 77701 lot VICE-PRESIDENT SUZANNE SIMMONS RE: Amendment of Contract Mayor Pro Tern m City of Sour Lake 2nd VICE-PRESIDENT Dear Mr.Hayes: SHIRLEY BONNIN City Councilwoman The South East Texas Regional Planning Commission(SETRPC)seeks to amend the Interlocal City of West Orange Agreement between SETRPC and the City of Beaumont. This amendment is intended to avoid 3rd VICE-PRESIDENT any liability issues that may develop for applicants in the CDBG Disaster Recovery Program EVERECo miss ALFRED whose application was approved Applicant's payment plan or tax County commissioner pp � ppr ed based on the A hcant s entrance into a tax a Jefferson county deferral plan. The amendment will include the following language: TREASURER KEN PELT To be eligible to receive assistance under the CDBG Disaster Recovery Program,a County Commissioner household must demonstrate that they meet certain programmatic and income Hardin County requirements. In general,households must prove that their home was damaged or SECRETARY destroyed by Hurricane Rita,that the household is current on their taxes,and that they JAMES STRINGER County Commissioner own the home that will be repaired,replaced,or reconstructed. Additionally,a Orange County household,rather than an individual person,must qualify as low-to moderate-income LEGAL COUNSEL (LMI)eligible in order to receive CDBG Disaster Recovery Program housing MELODY CHAPPELL assistance. In order to comply with federal regulations regarding eligibility,the City of Wells,Peyton,Greenberg, &Hunt LLP Beaumont must: • Obtain information from the applicant household; • Verify the information; • Calculate the anticipated gross annual income; • Confirm the applicant household's eligibility;and • Certify that the information is complete,true,and accurate. SETRPC may disallow expenditures if the City of Beaumont does not maintain evidence that the household met the requirements at the time the project was approved EXECUTIVE DIRECTOR for assistance by TDHCA. The City of Beaumont is not responsible for ensuring that SHAUN DAVIS assisted households continue to meet all of these requirements into perpetuity. Beau Eastex Freeway SETRPC is asking the City of Beaumont to administrative) approve this request as soon as Beaumont,Texas 77703-4929 g tY y pp eq Telephone(409)899-8444 possible then seek approval by the City Council at their next meeting. FAX(409)347-0138 setrpc@seuw.org http:/Awww.setrpc.org Sincerely, Shaun Davis Executive Director Amendment to Interlocal Agreement THIS AMENDMENT OF CONTRACT is made this 6TH day of November, 2008, for the purpose of amending the contract known as the Interlocal Agreement approved October 31, 2006 ("Original Contract")between South East Texas Regional Planning Commission as Contract Administrator, and The City of Beaumont, Jefferson County,Texas. 1. It is herewith stated that this Amendment to Interlocal Agreement does not replace the conditions or requirements of the existing Agreement and if there are no changes to the requirements of a particular Article, it will be so stated. 2. The Parties agree to adopt the additional following language: To be eligible to receive assistance under the CDBG Disaster Recovery Program,a household must demonstrate that they meet certain programmatic and income requirements. In general,households must prove that their home was damaged or destroyed by Hurricane Rita,that the household is current on their taxes,and that they own the home that will be repaired,replaced,or reconstructed. Additionally,a household,rather than an individual person,must qualify as low-to moderate-income(LMI)eligible in order to receive CDBG Disaster Recovery Program housing assistance. In order to comply with federal regulations regarding eligibility,the City of Beaumont must: • Obtain information from the applicant household; • Verify the information; • Calculate the anticipated gross annual income; • Confirm the applicant household's eligibility;and • Certify that the information is complete,true,and accurate. SETRPC may disallow expenditures if the City of Beaumont does not maintain evidence that the household met the requirements at the time the project was approved for assistance by TDHCA. The City of Beaumont is not responsible for ensuring that assisted households continue to meet all of these requirements into perpetuity. 3. This Amendment binds and benefits both Parties and any successors or assigns. This document, including the Original Contract as amended, is the entire agreement between the Parties. APPROVED: BEAUMONT CITY COUNCIL ,2008 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ,2008 By: Kyle Hayes Shaun Davis City Manager Executive Director Beaumont,Texas South East Texas Regional Planning Commission Amendment for Extension of Contract THIS EXTENSION OF CONTRACT ("Extension") is made this 25th day of July, 2008, for the purpose of extending the contract known as the Interlocal Agreement approved October 31, 2006 ("Original Contract") between South East Texas Regional Planning Commission as Contract Administrator, and The City of Beaumont,Jefferson County, Texas. 1. It is herewith stated that this Contract Extension Agreement does not replace the conditions or requirements of the existing Agreement and if there are no changes to the requirements of a particular Article, it will be so stated. 2. The Parties agree to extend the Original Contract for an additional period, which will begin immediately upon the expiration of the original time period and will end on December 31, 2008. 3. The Parties agree to this extension and any forth coming extensions of time not to exceed April 30, 2009. 4. This Extension binds and benefits both Parties and any successors or assigns. This document, including the Original Contract as amended,is the entire agreement between the Parties. APPROVED: BEAUMONT CITY COUNCIL ,2008 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ,2008 By: Kyle Hayes Shaun Davis City Manager Executive Director Beaumont,Texas South East Texas Regional Planning Commission RESOLUTION NO. WHEREAS, on October 31, 2006, City Council approved Resolution No. 06-338, authorizing the City Manager to execute a contract with the Southeast Texas Regional Planning Commission to provide for the administration of disaster recovery funds from the Texas Department of Housing & Community Development Department (TDHCA); and, WHEREAS,TDHCA has made amendments to the program to extend the timeline for program completion from October 31, 2008, to December 31, 2008, and any forthcoming extensions of time not to exceed April 30, 2009, and clarifying the City's limit of financial responsibility upon completion of rehabilitation or reconstruction activity; and WHEREAS,the City has requested additional administration funds from the TDHCA in the amount of $195,874 to cover deficiencies and projected costs to administer the program through its completion; and WHEREAS, these amendments need to be executed by the City; 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 the documents amending the TDHCA Disaster Recovery program. PASSED by the City Council of the City of Beaumont this the 18th day November, 2008. - Mayor Becky Ames - 7 November 18, 2008 PUBLIC HEARING: Dangerous Structures RICH WITH OPPORRTUNITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G�3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 18, 2008 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following fifty-nine(59) structures to be dangerous structures and order the owners to raze said structures within ten(10) days. If the property owner fails to comply within ten(10)days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 3820 Avenue B 11. 3112 W. Crockett (1) 2. 2286 Blanchette 12. 690 Cuchia(Garage) 3. 4304 Brandon 13. 4477 Dallas (3) 4. 2669 Broadway 14. 1049 Delaware 5. 7530 Broussard Road 15. 3150 Dogwood Lane (1) 6. 1705 Burton 16. 2475 Euclid 7. 1428 Cable 17. 3246 W. Euclid 8. 1590 Cartwright (Garage) 18. 3476 W. Euclid 9. 4286 Congress (1) 19. 5390 Fannett Road [10, 1395 Cottonwood(Garage Apartment) 20. 2110 Foch(Garage) (#) Indicates number of times structure has been enrolled in work program. Continued 21. 3025 Goliad (1) 41. 2475 Magnolia(Garage) 22. 3620 Goliad 42. 3305 Magnolia(Garage) 23. 4136 Grandberry 43. 35 Minor and Shed& Greenhouse 24. 7640 Greenfield Drive(Mobile Home) 44. 580 Nolan 25. 1224 Hazel (Garage) (1) 45. 3085 Nora 26. 2601-05 Hazel (1) 46. 731 Palm 27. 2405 Hegele(Commercial) 47. 4360 Park (1) 28. 2665 Hegele (1) 48. 925 Parry 29. 2087 Hemlock(Garage) 49. 2375 Pear and Garage/Shed 30. 705 Highland Drive 50. 1110 Pipkin(Garage Apartment) 31. 4192 Highland Avenue(Commercial) 51. 2355 Rusk 32. 589 Hill 52. 2718 Sabine Pass Avenue 33. 2150 Irving&Rear Garage Apartment 53. 2610 San Jacinto(Garage) 34. 2041 Ives (1) 54. 1395 Schwarner 35. 6920 Leblanc Road 55. 1038 Stephenson 36. 2475 Liberty&Rear Garage Apt. (2) 56. 1725 Threadneedle 37. 2610 Linson 57. 1658 Tulane(Garage Apartment) 38. 4620 Maddox(Garage) 58. 3895 Waco 39. 975 Magnolia(Commercial) 59. 2697 Washington Blvd. (1) 40. 1086 Magnolia(Commercial) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these fifty-nine (59) structures and order the owner to raze within ten(10) days. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURESTO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 3820 Avenue B 21. 3025 Goliad 2. 2286 Blanchette 22. 3620 Goliad 3. 4304 Brandon 23. 4136 Grandberry 4. 2669 Broadway 24. 7640 Greenfield Drive (Mobile Home) 5. 7530 Broussard Road 25. 1224 Hazel(Garage)26. 2601-05 Hazel 6. 1705 Burton 26. 2601-05 Hazel 7. 1428 Cable 27. 2405 Hegele (Commercial) 8. 1590 Cartwright(Garage) 28. 2665 Hegele 9. 4286 Congress 29. 2087 Hemlock(Garage) 10. 1395 Cottonwood (Garage Apartment) 30. 705 Highland Drive 11. 3112 W. Crockett 31. 4192 Highland Avenue (Commercial) 12. 690 Cuchia (Garage) 32. 589 Hill 13. 4477 Dallas 33. 2150 Irving & Rear Garage Apartment 14. 1049 Delaware 34. 2041 Ives 15. 3150 Dogwood Lane 35. 6920 Leblanc Road 16. 2475 Euclid 36. 2475 Liberty& Rear Garage Apt. 17. 3246 W. Euclid 37. 2610 Linson 18. 3476 W. Euclid 38. 4620 Maddox(Garage) 19. 5390 Fannett Road 39. 975 Magnolia (Commercial) 20. 2110 Foch (Garage) 40. 1086 Magnolia(Commercial) 41. 2475 Magnolia (Garage) 51. 2355 Rusk 42. 3305 Magnolia (Garage) 52. 2718 Sabine Pass Avenue 43. 35 Minor and Shed &Greenhouse 53. 2610 San Jacinto (Garage) 44. 580 Nolan 54. 1395 Schwarner 45. 3085 Nora 55. 1038 Stephenson 46. 731 Palm 56. 1725 Threadneedle 47. 4360 Park 57. 1658 Tulane (Garage Apartment) 48. 925 Parry 58. 3895 Waco 49. 2375 Pear and Garage/Shed 59. 2697 Washington Blvd. 50. 1110 Pipkin (Garage Apartment) to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated,decayed, unsafe or unsanitary condition,orotherwise unfitfor human habitation, or otherwise likely to endanger the health,safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 3820 Avenue B 8. 1590 Cartwright(Garage) 2. 2286 Blanchette 9. 4286 Congress 3. 4304 Brandon 10. 1395 Cottonwood (Garage Apartment) 4. 2669 Broadway 11. 3112 W. Crockett 5. 7530 Broussard Road 12. 690 Cuchia (Garage) 6. 1705 Burton 13. 4477 Dallas 7. 1428 Cable 14. 1049 Delaware 15. 3150 Dogwood Lane 38. 4620 Maddox(Garage) 16. 2475 Euclid 39. 975 Magnolia (Commercial) 17. 3246 W. Euclid 40. 1086 Magnolia(Commercial) 18. 3476 W. Euclid 41. 2475 Magnolia(Garage) 19. 5390 Fannett Road 42. 3305 Magnolia (Garage) 20. 2110 Foch (Garage) 43. 35 Minor and Shed &Greenhouse 21. 3025 Goliad 44. 580 Nolan 22. 3620 Goliad 45. 3085 Nora 23. 4136 Grandberry 46. 731 Palm 24. 7640 Greenfield Drive(Mobile Home) 47. 4360 Park 25. 1224 Hazel (Garage)26. 2601-05 Hazel 48. 925 Parry 26. 2601-05 Hazel 49. 2375 Pear and Garage/Shed 27. 2405 Hegele (Commercial) 50. 1110 Pipkin (Garage Apartment) 28. 2665 Hegele 51. 2355 Rusk 29. 2087 Hemlock(Garage) 52. 2718 Sabine Pass Avenue 30. 705 Highland Drive 53. 2610 San Jacinto (Garage) 31. 4192 Highland Avenue (Commercial) 54. 1395 Schwarner 32. 589 Hill 55. 1038 Stephenson 33. 2150 Irving & Rear Garage Apartment 56. 1725 Threadneedle 34. 2041 Ives 57. 1658 Tulane (Garage Apartment) 35. 6920 Leblanc Road 58. 3895 Waco 36. 2475 Liberty& Rear Garage Apt. 59. 2697 Washington Blvd. 37. 2610 Linson If the property owner(s)fail(s)to comply within ten (10)days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. If the property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the should for an reason be application of same to a articular set of persons or circumstances pP P p Y 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 violated 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 18th day November, 2008. - Mayor Becky Ames - WORKSESSION * Receive a status report related to planned improvements for the Tennis Complex located at the Athletic Complex * Review and discuss the Community Development Block Grant and HOME Programs * Review and discuss the Seismic Testing Ordinance SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 1. CITY OF BEAUMONT kTIAL INSPECTION DATE January 8. 2008 WARD 4 ADDRESS OF INSPECTION 3820 Avenue B and Storage Building OWNER R. E. Favors ADDRESS 3820 Avenue B CITY/STATE (05)-2004 APPRAISAL VALUE Land Value 1600 Improvement Value 870 Total Value 2470 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration. All new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The front porch is rotten and the canopy support posts are missing. All damaged or rotten windows and window sills will need to be repaired. The windows are missing. The exterior doors need to be replaced. Were is extensive termite damage. The exterior siding is deteriorated. The interior flooring, ceilings and walls are damaged and will need repair. The interior has been trashed. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. This structure has been vandalized and is being stripped Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS I 4 P Q{ N r� S Vii... � 3S III 4 11 Al i O 15 2008 INC CAF *y �r 3820 AVENUE B *46.. AF+ -y µ V el' r c 4 � r yam. L nw gp g A � f s � ' w r.? SYe.. v SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 2. CITY OF BEAUMONT INITIAL INSPECTION DATE August 14.2007 WARD 3 ADDRESS OF INSPECTION 2286 Blanchette and Garage OWNER Sherman and Sherman Inc. ADDRESS P O Boa 20656 CITY/STATE (200656 APPRAISAL VALUE Land Value 2350 Improvement Value 450 Total Value 2800 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration All new shingles will be needed. The rafters and fascia boards are rotted. There is water damage to the interior. The front porch is rotten and the canopy support posts are missing All damaged or rotten windows and window sills 1w ill need to be repaired. All the glass in the windows are broken out. The exterior doors need to be enlaced. There is extensive termite damage Some of the exterior siding is missing The interior flooring, ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible There is also a deteriorated garage on the property with a downed tree in front. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value,staff is recommending a raze order for this structure SEE ATTACHED PHOTOS I, 4 Ye f f R +M*�T.✓'tom e r� k 'e 1 'I t• �'�' � ��* �... �'".• 'fin `�.� a *r ,y I�I Xu oo *PmV 2286 BLANCHETTE .t A S r� � t ri • 1 R i F �s a r^ SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 3. CITY OF BEAUMONT INITIAL INSPECTION DATE February 5. 2008 WARD 4 ADDRESS OF INSPECTION 4304 Brandon and Shed OWNER Harold Kelley ADDRESS 4304 Brandon CITY/STATE (053707 APPRAISAL VALUE Land Value 5000 Improvement Value 13750 Total Value 18750 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN TIM AMOUNT OF$8,887.68. MAJOR CODE VIOLATIONS: This structure was damaged during Hurricane Rita. The roof has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted There is extensive water dama a to the interior. All damaged or rotten windows and window sills will need to be aired. Some have been replaced but some are missing. There is termite damage to the structure. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced Prior inspection in February noted plumbing and electrical work being done without permits nor work program. On October 20,2008,drop and meter was removed due to illegal hookup Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS a r �>r � vr Ing 1 �a a w kn •.e-yyyy r. yam, �� •, -1 ! M. Ali ,, Y.v :- °' .,ate,: �.�.m, ., +.i� _ _ .. .." ` � Is.aaas. � � { ��. ., �, .. ___. - t 1 � . fi �'/_' �aa #, ryry � . L a N l I , ' Tom:. R sr w, � o� ., .. '! P �� W�� ,�✓,rte` � '`1L+l�,R�.. 2 < <a C .� \ \ b§ \ . . . \ . \� . . � . � yam: , i } 4 x Ab : � � f � i � �� ;� L-"� � r �. � t e, y � r fk {�; d � .c t.' iy� � �t4 �Y ;11�� d � �¢ �3 f $m �� t � x t� wF k� Y ,�¢p 1s P �. f.: K;K of �{ y ,;, y: ' t u7.i, i�i, "' �_. ,.7. ��... --._ '� h _..___..mac..__.._ ... � »�,.. F ,3, ,:z .., .: .. E:. �, ,. .,: `�w�,',. '� ,� T 1�I - .A K �. £: ). n r VA{° Y �„ � '& �l to / J B . yea K' 77 x �rt ' SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 4. CITY OF BEAUMONT *M'IAL INSPECTION DATE July 29 2008 WARD 1 ADDRESS OF INSPECTION 2669 Broadway and Carport OWNER Philip B. Long ADDRESS 2669 Broadwgy CITY/STATE Houston,TX 77058-1124 APPRAISAL.VALUE Land Value 125M Improvement Value 55530 Total Value 68030 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$7,155.60. MAJOR CODE VIOLATIONS: The main part of this structure's roof has new shingles A small section of roof on the left side needs repair. There is extensive water damage to the interior. The front section of exterior wall has collapsed. The chimney is separating from the structure All damaged or rotten windows Od window sills will need to be repaired. The exterior doors need replacing There is extensive termite damage to the structure. The foundation has extensive rot and deterioration. There are some piers listing in the rear section. The interior floorin&ceilings and walls are damaged and will need repair. The ceilings are falling in. Most of the wall covering is missing. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS i Y i, Mew 'x t 2669 BROADWAY 10 . 21 . \° y d tt . �v+ - T c . . « 3 i iii Ada S I. n 5 f s TAb � � �� , �t �� . .� � ,�� lM��"' ,,f�� '*'"�" �i i` t _ � �� i "�...., µ. �' � w� .I j l e, MOM WAIM A WAN ., :. n ,y �� { 1 �' 1 .., . � "",may\ .:; .�' Y f of a '.-a' .as.. + � .. �;. 5'--i4 ah'Y. b P".. �,�'x.,� �� f i"} � ej_ � f {� i A J r ugv 1M ff t i } { 1 1 • W 28 t 2008 • 0 a S��e a4 Off`- }4 I 1 I'1 I�Wi'IYii W�PYMr''., MAMA i { • 1048 "xr T� 4 f 7 �kn 1� #sue r POW 10 28 . 2 4; O L� 0 s I I r k_ is yx" yY. A r rt Y r J �y �T ,y { } t, ^f y W [ M • � r 4 v xt Tw * , 28 , 2008 �.�� =:� 4• �� +{e y�n#r. II��II�, i�ti `'� ,c`, ,- �� , �` "� � � ,��. ,�w�, ,�, ,a: _.�w? >:i� `� � �`_ .. *�: �+ �. ,, .� 44 .�+ ` �... Q. *p r�<. /� �A t xS .g. q 4A Vt w ,. fir". .. •� t n ice. AL s . SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 5, CITY OF BEAUMONT INITIAL INSPECTION DATE May 21, 2008 WARD 1 ADDRESS OF INSPECTION 7530 Broussard Rd and Shed OWNER Perry Guidry ADDRESS 11460 Hillcrest Dr CITY/STATE (13)-4040 APPRAISAL VALUE Land Value 30340 Improvement Value 53350 Total Value 83690 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: Metal has come loose on some places on roof. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired There is broken glass in the windows. The back door is damaged and will need replacing.There is extensive termite Amdamam to the structure. The exterior sidiniz is deteriorated and damaged. The slab is cracked.The interior ooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible and being trashed and vandalized. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS y � f 7530 BROUSSARD ]0 . 23 . 2 d} v \\\ar . . . » © . 2/• , . «� d». .� . . . 10 , 23 - 2008 2 � ®� >zt � aZ. �I t �r y §`i k r�l � 3 _ z fi i .w� a. ,�k U t>. •02 Aw-- 1 r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 6. CITY OF BEAUMONT �TIAL INSPECTION DATE July 10 2008 WARD 4 ADDRESS OF INSPECTION 1705 Burton and Shed OWNER Edward Goodall ADDRESS 1705 Burton CITY/STATE (05)-3406 APPRAISAL VALUE Land Value 1180 Improvement Value 4000 Total Value 5180 A. Fifty(50)percent deterioration of non-supporting members? YES X NO IL Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$6,576.61. SUIT FILED. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and there are holes in the roof. New shingles wiU be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The front porch canopy is damaged and about to collapse. The front porch flooring rotted. Alt damaged or rotten windows and window sills will need to be repaired. Some windows are boarded. Exterior doors need replacing. There is termite damage. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration. The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. Staff has made several attempts to set up an inspection with son.Michael Goodall,but he has kept changing the dates Mr.Goodall is trying to claim damage on Hurricane Ike. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS a T• t L: ^° �� 5f I �•J Ily p TIMM- 17 1 TT �r 1705 BURTON 6 r v . s ' f M1 m 49.b .k r i i P 10 fl 1'7 t „ s dxv«i. kni s: G { -Y. iAmom w �C3 4 4 �. ., alp- } t ( LI W4 , ' M �y Y r � z � o jT FE '�' '� .. �Sk..'i g dpi � } t. ,.P '� "�''�i. ;� :.�' x� .f.,�. ,� ";4",�• .. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 7. CITY OF BEAUMONT INITIAL INSPECTION DATE May 15, 2008 WARD 3 ADDRESS OF INSPECTION 1428 Cable and Shed OWNER Dorothy Marks ESTATE ADDRESS 1428 Cable CITY/STATE (01) 1305 APPRAISAL VALUE Land Value 1780 Improvement Value 18630 Total Value 20410 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$1,174.119. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired The windows have been stripped ee doors have been removed. There is termite damage to the structure. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration. The interior flooring, ceilings and walls are damaged and will need repair. The interior is trashed All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The yard is overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS . . . ., . xa . 1428 CAB/k` �s t U. J6, . �z 5 � � a � .�'. is h ?.�t ^� i .�� .xI.M" s._ ..._..fir, 5' .]i .., _, �� 1 }}'�,� �" � ''G �� ,Cj, .5 6V�'� R � `J� A y Mr '. '� '� � :.. �� n .. :..... �• � r� .� N. � .,, ,. ., �r � �.�. ,�.•� ,.. �. *� �. . ,, ,. �. �. .,. '. �:a� � " •r � - .. � � ,. , fi �. �' 3-t., y r� � } °° x �, �o- s �� ' rY i .w. ., .. �.� p : ! ,. _. �. ♦rye pp i � f or Y SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 8• CITY OF BEAUMONT qq-ffuL INSPECTION DATE October 11 2007 WARD 3 ADDRESS OF INSPECTION 1590 Cartwright(Garage) OWNER J. Colin and Charles B. Crabbe ADDRESS 1105 N. 23rd St. CITY/STATE (06)-4734 APPRALSAL VALUE Land Value 2500 improvement Value 31060 Total Value 33560 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this garage is metal and is very rusty and deteriorated The rafters and fascia boards are rotted. The garage doors are damaged and missing The structure is listing_ Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value,staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS j 4 � »„'"'��_ �� j" `+Iti •.fix � v ; r a: rr ter* "r .. t V 1 ■ SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 9. CITY OF BEAUMONT 4ITIAL INSPECTION DATE May 31,2007 WARD 4 ADDRESS OF INSPECTION 4286 Congress and Shed OWNER Jeanette Boone ADDRESS 4603 N. Park Rd. CITY/STATE Texarkana, TX 75503-2652 APPRAISAL VALUE Land Value 2450 Improvement Value 13100 Total Value 15550 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work-Repair Program? YES X NO 07/25/07 thru 12/25/07 E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF 5384.65. MAJOR CODE VIOLATIONS: shingles have been placed on roof by previous owner. There is water damage to the interior. All damaged or rotten windows and window sills will need to be repaired There is broken glass in the windows and some are missing The exterior siding is damaged and missing There is Adk rmite damage to the structure. The foundation is deteriorated The interior flooring,ceilings and walls are damaged and will need repair. There is missing ceiling and flooring All damaged electrical wiring and electrical fixtures will need to be replaced. Electrical wiring is hanging Also all damaged plumbing and plumbing fixtures will need to be replaced A work-program was signed by previous owner,Mark M Brackin and work has been done but no inspections have been made. New owner is shown on taxroiL Permits or electrical and plumbing are still needed The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS P 4 s i v _ r gr T n 3 4 Y o,w ^� 4 �W P .20. �Cy"*7� e ML Av Ow f. Ks � r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 10. CITY OF BEAUMONT ITIAL INSPECTION DATE November 20, 2007 WARD 3 ADDRESS OF INSPECTION 1395 Cottonwood (Garage Apartment) OWNER Ruth Cox ADDRESS 7080 Hurley Dr CITY/STATE (48)-1048 APPRAISAL VALUE Land Value 3080 Improvement Value 30370 (More than one structure) Total Value 33450 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this garage apartment has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The structure is listing and too dangerous to enter. The structure could op ssibly fall onto the roe next door. All damaged or rotten windows and window sills will need to be repaired. There is Ormite damage to the structure. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration. The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The yard is overgrown Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS wpm PP W e�d 'y:/ �r pr, 5 e 5 x V f 'a. K ? l• I �! e � 4 ,w i i jr t. JU Yn yy. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 11. CITY OF BEAUMONT OMITIAL INSPECTION DATE May 7. 2007 WARD 4 ADDRESS OF INSPECTION 3112 W. Crockett and Sheds OWNER Evalena W. Marshall c%Evelyn Marshall Jackson ADDRESS 1870 Fairway CITY/STATE (03) APPRAISAL VALUE Land Value 1340 Improvement Value 16870 Total Value 18210 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 03/10/08 thru 08/10/08 MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shin gles will be needed Some shingles are missing. The rafters and fascia boards are rotted and will need to be replaced There is extensive water damage to the interior. The front porch flooring is rotten All damaged or rotten windows and indow sills will need to be repaired. There is broken alass and some windows are missing. The exterior 110ors need to be replaced. There is extensive termite damage to the structure The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced A workprogram was signed but no permit was purchased The structure is open and accessible and being vandalized Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value,staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS ♦rr. ,W, ,rte , kZ- . '" PC ,S• "alb ,�s° ,;... . VIII ." k� � x . . . . � . �. \ 10 . \ .,a. . , . : . . . .. � . . . OD � � � « P . m +:4� i-� .N (. � Y r��f i ��fffl!! +!!{�j•tf+d s X-A +G � r'� ' Z`.s .. � ., � `' 4 'r, .� �� t . ��- �- �� + °,4:! - ;mss: � :, �?' � t� •. y'% �'r '.4 �Y .��d ��, _ -� ��w� °; ,. _ ,� ��-: .� _'� � . . ��'' �� , «� .4 .. �,., a . �� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 12. CITY OF BEAUMONT 4INITIAL INSPECTION DATE December 12, 2007 WARD 4 ADDRESS OF INSPECTION 690 Cuchia (Garage) OWNER Warren Duggins c% John Duggins ADDRESS 4995 Mallett St. CITY/STATE (05)!-5144 APPRAISAL VALUE Land Value 3380 improvement Value 30750 Total Value 34130 A. Fifty(50)percent deterioration of non-supporting members? YES X NO a Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X A Enrolled in Rork Repair Program? YES NO X MAJOR CODE VIOLATIONS: This garage is about to collapse. The roof has extensive deterioration The rafters and fascia boards are rotted. Exterior doors are needed There is termite damage to the structure. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS �h t awl r rte"+.. • T� �. y t' w I or 44 � ' I am b Fl r s f r �„+ �(/�. ! �qi :xis •. "Y, ✓tva'R r', �� r,�',t :.� y,i�may, �. '"'t 'c SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 13. CITY OF BEAUMONT INITIAL INSPECTION DATE February 5,2007 WARD 3 ADDRESS OF INSPECTION 4477 Dallas and Shed OWNER Michael L. McKinley ET UX ADDRESS 5997 Edgewater Dr CITY/STATE Orlando,FL 32810-4805 APPRAISAL VALUE Land Value 2940 Improvement Value 13330 Total Value 16270 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES X NO D. Enrolled in Work Repair Program? YES X NO 03/29/07 thru 08/29/07 Extended until 09/28/07 Extended until 12-31-07 MAJOR CODE VIOLATIONS: This structure has had fire damage. Fire damage is still visible from the outside eves and siding. The structure has new shingles The rafter tails are rotted All damaged or rotten lqw indows and window sills will need to be repaired The windows have been painted over inside The outside of the structure has been painted. Some damage, especially over the carport. are possible storm damage It appears that shingles were placed over burnt material The interior flooring, ceilings and walls are damaged and will need repair. New flooring wiU be needed Ali damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced A work program was signed and a permit was bought but no inspection has been mad& Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS jr ♦ i r , g: r Ofsue,.. .. ._:. w r 3 V^ ow a ' •.r 3 " :a :- P � m"tr••, ;� H$T >We d �q My pM"1� � aJl - b s � 1 •r ,d Wyti �'7 SIR" _ 'fir w S�I fir.. x 1 0 , 3 2008 a�, .� ,. e.t 10 231' ti f •r"I r7 a ��l i AWF AL ` t A' u W .�. � ,`•.~ � .yam" "�" �- f i e . y t L Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty(60)days afterthe final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1)year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty(30) days after final passage hereof. Upon the expiration of the term hereof,this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City,on or before the fifteenth(15th)day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments,charges,or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance,the Company shall furnish to the City a listing of customers served, including customer name, address,frequency of pick-up,size of container ortype of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served,frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise,carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations underthis franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense,any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company,its agents,servants or employees,and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00)property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise,and it shall be maintained in force during the term of the franchise. 3Y General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury,and One Hundred Thousand Dollars($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty(30)days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall,at all times during the term of this franchise,be subjectto all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city,county,state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles,containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean,sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal,state, and local regulations. Collection vehicles and all bulk,commercial,and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight(48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in orderto provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company,the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten(10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company,the City Council may,after a public hearing in which Company is provided an opportunityto present evidence concerning such violation,declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Companywhen provided by certified mail to the address furnished by Company to City. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3827, Beaumont, Texas 77704. Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty(20)days prior to the effective date of this franchise,the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid Cityof Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise,the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision orto falsifythe information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 18th day of November, 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the_ day of , 2008. - Mayor Becky Ames - ACCEPTANCE: Coastal Waste Disposal, Inc. By: 6 November 18, 2008 Consider approving amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorizing the City Manager to execute the required amendment documents RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 18, 2008 REQUESTED ACTION: City Council approve amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment documents. RECOMMENDATION The Administration recommends City Council approve amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment documents. BACKGROUND City Council previously authorized an agreement and subsequent amendments with the Southeast Texas Regional Planning Commission for the City's Housing Services Division to administer federal Disaster Recovery funds from the Texas Department of Housing&Community Affairs ("TDHCA") in the amount of Five Million One Hundred Forty-Five Thousand Dollars ($5,145,000) used for Owner-Occupied Repairs ($2,400,000), Reconstruction($2,500,000), and for Administrative Costs($245,000). Amendments at the State level have been made to the program. The first amendment is an Amendment for Extension of Contract that extends the timeline for program completion from October 31, 2008 to December 31, 2008, and any forthcoming extensions of time not to exceed April 30, 2009. The intent of the referenced forthcoming extension is to address construction delays that resulted from Hurricane Ike and relieve the program administration of additional delay that may result from having to come back to Council for approval of any additional needed extensions. The second amendment is an Amendment to the Interlocal Agreement that clarifies the City's limit of financial responsibility upon completion of rehabilitation or reconstruction activity. The City asked the Southeast Texas Regional Planning Commission to provide language that relieves the City from further review or financial responsibility when providing assistance to homeowners who have delinquent property taxes but have either a tax payment plan that they are current on or a have a deferral. This amendment assures the City that, upon completion of a rehabilitation or reconstruction activity, it has no future liability for unpaid taxes whether caused by default on a tax payment plan by a homeowner or by the death of a homeowner with a deferral. Thirdly, the cost to administer the TDHCA Disaster Program has exceeded the available Administration line item of$245,000. The City has requested additional Administrative funds from TDHCA in the amount of$195,874 to cover deficiencies and projected costs to administer the program through its completion. The Administration requests Council authorize a forthcoming amendment to increase the Administration line item up to $195,874. These additional administrative funds will not result in a reduction of assistance to those receiving help through this program. BUDGETARY IMPACT Funding will be provided from TDHCA Housing Trust Funds for Community Development Block Grant Disaster Recovery Projects. � s Soutfs Eo#Tots$ � Rtgia40104 04, :,- Coamission November 6,2008 PRESIDENT Kyle Hayes,City Manager DELORIS"BOBBIE"PRINCE City of Beaumont,TX Maya 801 Maine,Suite 300 City of Port Arthur Beaumont,TX 77701 lot VICE-PRESIDENT SUZANNE SIMMONS RE: Amendment of Contract Mayor Pro Tern m City of Sour Lake 2nd VICE-PRESIDENT Dear Mr.Hayes: SHIRLEY BONNIN City Councilwoman The South East Texas Regional Planning Commission(SETRPC)seeks to amend the Interlocal City of West Orange Agreement between SETRPC and the City of Beaumont. This amendment is intended to avoid 3rd VICE-PRESIDENT any liability issues that may develop for applicants in the CDBG Disaster Recovery Program EVERECo miss ALFRED whose application was approved Applicant's payment plan or tax County commissioner pp � ppr ed based on the A hcant s entrance into a tax a Jefferson county deferral plan. The amendment will include the following language: TREASURER KEN PELT To be eligible to receive assistance under the CDBG Disaster Recovery Program,a County Commissioner household must demonstrate that they meet certain programmatic and income Hardin County requirements. In general,households must prove that their home was damaged or SECRETARY destroyed by Hurricane Rita,that the household is current on their taxes,and that they JAMES STRINGER County Commissioner own the home that will be repaired,replaced,or reconstructed. Additionally,a Orange County household,rather than an individual person,must qualify as low-to moderate-income LEGAL COUNSEL (LMI)eligible in order to receive CDBG Disaster Recovery Program housing MELODY CHAPPELL assistance. In order to comply with federal regulations regarding eligibility,the City of Wells,Peyton,Greenberg, &Hunt LLP Beaumont must: • Obtain information from the applicant household; • Verify the information; • Calculate the anticipated gross annual income; • Confirm the applicant household's eligibility;and • Certify that the information is complete,true,and accurate. SETRPC may disallow expenditures if the City of Beaumont does not maintain evidence that the household met the requirements at the time the project was approved EXECUTIVE DIRECTOR for assistance by TDHCA. The City of Beaumont is not responsible for ensuring that SHAUN DAVIS assisted households continue to meet all of these requirements into perpetuity. Beau Eastex Freeway SETRPC is asking the City of Beaumont to administrative) approve this request as soon as Beaumont,Texas 77703-4929 g tY y pp eq Telephone(409)899-8444 possible then seek approval by the City Council at their next meeting. FAX(409)347-0138 setrpc@seuw.org http:/Awww.setrpc.org Sincerely, Shaun Davis Executive Director Amendment to Interlocal Agreement THIS AMENDMENT OF CONTRACT is made this 6TH day of November, 2008, for the purpose of amending the contract known as the Interlocal Agreement approved October 31, 2006 ("Original Contract")between South East Texas Regional Planning Commission as Contract Administrator, and The City of Beaumont, Jefferson County,Texas. 1. It is herewith stated that this Amendment to Interlocal Agreement does not replace the conditions or requirements of the existing Agreement and if there are no changes to the requirements of a particular Article, it will be so stated. 2. The Parties agree to adopt the additional following language: To be eligible to receive assistance under the CDBG Disaster Recovery Program,a household must demonstrate that they meet certain programmatic and income requirements. In general,households must prove that their home was damaged or destroyed by Hurricane Rita,that the household is current on their taxes,and that they own the home that will be repaired,replaced,or reconstructed. Additionally,a household,rather than an individual person,must qualify as low-to moderate-income(LMI)eligible in order to receive CDBG Disaster Recovery Program housing assistance. In order to comply with federal regulations regarding eligibility,the City of Beaumont must: • Obtain information from the applicant household; • Verify the information; • Calculate the anticipated gross annual income; • Confirm the applicant household's eligibility;and • Certify that the information is complete,true,and accurate. SETRPC may disallow expenditures if the City of Beaumont does not maintain evidence that the household met the requirements at the time the project was approved for assistance by TDHCA. The City of Beaumont is not responsible for ensuring that assisted households continue to meet all of these requirements into perpetuity. 3. This Amendment binds and benefits both Parties and any successors or assigns. This document, including the Original Contract as amended, is the entire agreement between the Parties. APPROVED: BEAUMONT CITY COUNCIL ,2008 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ,2008 By: Kyle Hayes Shaun Davis City Manager Executive Director Beaumont,Texas South East Texas Regional Planning Commission Amendment for Extension of Contract THIS EXTENSION OF CONTRACT ("Extension") is made this 25th day of July, 2008, for the purpose of extending the contract known as the Interlocal Agreement approved October 31, 2006 ("Original Contract") between South East Texas Regional Planning Commission as Contract Administrator, and The City of Beaumont,Jefferson County, Texas. 1. It is herewith stated that this Contract Extension Agreement does not replace the conditions or requirements of the existing Agreement and if there are no changes to the requirements of a particular Article, it will be so stated. 2. The Parties agree to extend the Original Contract for an additional period, which will begin immediately upon the expiration of the original time period and will end on December 31, 2008. 3. The Parties agree to this extension and any forth coming extensions of time not to exceed April 30, 2009. 4. This Extension binds and benefits both Parties and any successors or assigns. This document, including the Original Contract as amended,is the entire agreement between the Parties. APPROVED: BEAUMONT CITY COUNCIL ,2008 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ,2008 By: Kyle Hayes Shaun Davis City Manager Executive Director Beaumont,Texas South East Texas Regional Planning Commission RESOLUTION NO. WHEREAS, on October 31, 2006, City Council approved Resolution No. 06-338, authorizing the City Manager to execute a contract with the Southeast Texas Regional Planning Commission to provide for the administration of disaster recovery funds from the Texas Department of Housing & Community Development Department (TDHCA); and, WHEREAS,TDHCA has made amendments to the program to extend the timeline for program completion from October 31, 2008, to December 31, 2008, and any forthcoming extensions of time not to exceed April 30, 2009, and clarifying the City's limit of financial responsibility upon completion of rehabilitation or reconstruction activity; and WHEREAS,the City has requested additional administration funds from the TDHCA in the amount of $195,874 to cover deficiencies and projected costs to administer the program through its completion; and WHEREAS, these amendments need to be executed by the City; 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 the documents amending the TDHCA Disaster Recovery program. PASSED by the City Council of the City of Beaumont this the 18th day November, 2008. - Mayor Becky Ames - 7 November 18, 2008 PUBLIC HEARING: Dangerous Structures RICH WITH OPPORRTUNITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G�3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 18, 2008 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following fifty-nine(59) structures to be dangerous structures and order the owners to raze said structures within ten(10) days. If the property owner fails to comply within ten(10)days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 3820 Avenue B 11. 3112 W. Crockett (1) 2. 2286 Blanchette 12. 690 Cuchia(Garage) 3. 4304 Brandon 13. 4477 Dallas (3) 4. 2669 Broadway 14. 1049 Delaware 5. 7530 Broussard Road 15. 3150 Dogwood Lane (1) 6. 1705 Burton 16. 2475 Euclid 7. 1428 Cable 17. 3246 W. Euclid 8. 1590 Cartwright (Garage) 18. 3476 W. Euclid 9. 4286 Congress (1) 19. 5390 Fannett Road [10, 1395 Cottonwood(Garage Apartment) 20. 2110 Foch(Garage) (#) Indicates number of times structure has been enrolled in work program. Continued 21. 3025 Goliad (1) 41. 2475 Magnolia(Garage) 22. 3620 Goliad 42. 3305 Magnolia(Garage) 23. 4136 Grandberry 43. 35 Minor and Shed& Greenhouse 24. 7640 Greenfield Drive(Mobile Home) 44. 580 Nolan 25. 1224 Hazel (Garage) (1) 45. 3085 Nora 26. 2601-05 Hazel (1) 46. 731 Palm 27. 2405 Hegele(Commercial) 47. 4360 Park (1) 28. 2665 Hegele (1) 48. 925 Parry 29. 2087 Hemlock(Garage) 49. 2375 Pear and Garage/Shed 30. 705 Highland Drive 50. 1110 Pipkin(Garage Apartment) 31. 4192 Highland Avenue(Commercial) 51. 2355 Rusk 32. 589 Hill 52. 2718 Sabine Pass Avenue 33. 2150 Irving&Rear Garage Apartment 53. 2610 San Jacinto(Garage) 34. 2041 Ives (1) 54. 1395 Schwarner 35. 6920 Leblanc Road 55. 1038 Stephenson 36. 2475 Liberty&Rear Garage Apt. (2) 56. 1725 Threadneedle 37. 2610 Linson 57. 1658 Tulane(Garage Apartment) 38. 4620 Maddox(Garage) 58. 3895 Waco 39. 975 Magnolia(Commercial) 59. 2697 Washington Blvd. (1) 40. 1086 Magnolia(Commercial) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these fifty-nine (59) structures and order the owner to raze within ten(10) days. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURESTO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 3820 Avenue B 21. 3025 Goliad 2. 2286 Blanchette 22. 3620 Goliad 3. 4304 Brandon 23. 4136 Grandberry 4. 2669 Broadway 24. 7640 Greenfield Drive (Mobile Home) 5. 7530 Broussard Road 25. 1224 Hazel(Garage)26. 2601-05 Hazel 6. 1705 Burton 26. 2601-05 Hazel 7. 1428 Cable 27. 2405 Hegele (Commercial) 8. 1590 Cartwright(Garage) 28. 2665 Hegele 9. 4286 Congress 29. 2087 Hemlock(Garage) 10. 1395 Cottonwood (Garage Apartment) 30. 705 Highland Drive 11. 3112 W. Crockett 31. 4192 Highland Avenue (Commercial) 12. 690 Cuchia (Garage) 32. 589 Hill 13. 4477 Dallas 33. 2150 Irving & Rear Garage Apartment 14. 1049 Delaware 34. 2041 Ives 15. 3150 Dogwood Lane 35. 6920 Leblanc Road 16. 2475 Euclid 36. 2475 Liberty& Rear Garage Apt. 17. 3246 W. Euclid 37. 2610 Linson 18. 3476 W. Euclid 38. 4620 Maddox(Garage) 19. 5390 Fannett Road 39. 975 Magnolia (Commercial) 20. 2110 Foch (Garage) 40. 1086 Magnolia(Commercial) 41. 2475 Magnolia (Garage) 51. 2355 Rusk 42. 3305 Magnolia (Garage) 52. 2718 Sabine Pass Avenue 43. 35 Minor and Shed &Greenhouse 53. 2610 San Jacinto (Garage) 44. 580 Nolan 54. 1395 Schwarner 45. 3085 Nora 55. 1038 Stephenson 46. 731 Palm 56. 1725 Threadneedle 47. 4360 Park 57. 1658 Tulane (Garage Apartment) 48. 925 Parry 58. 3895 Waco 49. 2375 Pear and Garage/Shed 59. 2697 Washington Blvd. 50. 1110 Pipkin (Garage Apartment) to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated,decayed, unsafe or unsanitary condition,orotherwise unfitfor human habitation, or otherwise likely to endanger the health,safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 3820 Avenue B 8. 1590 Cartwright(Garage) 2. 2286 Blanchette 9. 4286 Congress 3. 4304 Brandon 10. 1395 Cottonwood (Garage Apartment) 4. 2669 Broadway 11. 3112 W. Crockett 5. 7530 Broussard Road 12. 690 Cuchia (Garage) 6. 1705 Burton 13. 4477 Dallas 7. 1428 Cable 14. 1049 Delaware 15. 3150 Dogwood Lane 38. 4620 Maddox(Garage) 16. 2475 Euclid 39. 975 Magnolia (Commercial) 17. 3246 W. Euclid 40. 1086 Magnolia(Commercial) 18. 3476 W. Euclid 41. 2475 Magnolia(Garage) 19. 5390 Fannett Road 42. 3305 Magnolia (Garage) 20. 2110 Foch (Garage) 43. 35 Minor and Shed &Greenhouse 21. 3025 Goliad 44. 580 Nolan 22. 3620 Goliad 45. 3085 Nora 23. 4136 Grandberry 46. 731 Palm 24. 7640 Greenfield Drive(Mobile Home) 47. 4360 Park 25. 1224 Hazel (Garage)26. 2601-05 Hazel 48. 925 Parry 26. 2601-05 Hazel 49. 2375 Pear and Garage/Shed 27. 2405 Hegele (Commercial) 50. 1110 Pipkin (Garage Apartment) 28. 2665 Hegele 51. 2355 Rusk 29. 2087 Hemlock(Garage) 52. 2718 Sabine Pass Avenue 30. 705 Highland Drive 53. 2610 San Jacinto (Garage) 31. 4192 Highland Avenue (Commercial) 54. 1395 Schwarner 32. 589 Hill 55. 1038 Stephenson 33. 2150 Irving & Rear Garage Apartment 56. 1725 Threadneedle 34. 2041 Ives 57. 1658 Tulane (Garage Apartment) 35. 6920 Leblanc Road 58. 3895 Waco 36. 2475 Liberty& Rear Garage Apt. 59. 2697 Washington Blvd. 37. 2610 Linson If the property owner(s)fail(s)to comply within ten (10)days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. If the property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the should for an reason be application of same to a articular set of persons or circumstances pP P p Y 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 violated 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 18th day November, 2008. - Mayor Becky Ames - WORKSESSION * Receive a status report related to planned improvements for the Tennis Complex located at the Athletic Complex * Review and discuss the Community Development Block Grant and HOME Programs * Review and discuss the Seismic Testing Ordinance SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 1. CITY OF BEAUMONT kTIAL INSPECTION DATE January 8. 2008 WARD 4 ADDRESS OF INSPECTION 3820 Avenue B and Storage Building OWNER R. E. Favors ADDRESS 3820 Avenue B CITY/STATE (05)-2004 APPRAISAL VALUE Land Value 1600 Improvement Value 870 Total Value 2470 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration. All new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The front porch is rotten and the canopy support posts are missing. All damaged or rotten windows and window sills will need to be repaired. The windows are missing. The exterior doors need to be replaced. Were is extensive termite damage. The exterior siding is deteriorated. The interior flooring, ceilings and walls are damaged and will need repair. The interior has been trashed. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. This structure has been vandalized and is being stripped Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS I 4 P Q{ N r� S Vii... � 3S III 4 11 Al i O 15 2008 INC CAF *y �r 3820 AVENUE B *46.. AF+ -y µ V el' r c 4 � r yam. L nw gp g A � f s � ' w r.? SYe.. v SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 2. CITY OF BEAUMONT INITIAL INSPECTION DATE August 14.2007 WARD 3 ADDRESS OF INSPECTION 2286 Blanchette and Garage OWNER Sherman and Sherman Inc. ADDRESS P O Boa 20656 CITY/STATE (200656 APPRAISAL VALUE Land Value 2350 Improvement Value 450 Total Value 2800 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration All new shingles will be needed. The rafters and fascia boards are rotted. There is water damage to the interior. The front porch is rotten and the canopy support posts are missing All damaged or rotten windows and window sills 1w ill need to be repaired. All the glass in the windows are broken out. The exterior doors need to be enlaced. There is extensive termite damage Some of the exterior siding is missing The interior flooring, ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible There is also a deteriorated garage on the property with a downed tree in front. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value,staff is recommending a raze order for this structure SEE ATTACHED PHOTOS I, 4 Ye f f R +M*�T.✓'tom e r� k 'e 1 'I t• �'�' � ��* �... �'".• 'fin `�.� a *r ,y I�I Xu oo *PmV 2286 BLANCHETTE .t A S r� � t ri • 1 R i F �s a r^ SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 3. CITY OF BEAUMONT INITIAL INSPECTION DATE February 5. 2008 WARD 4 ADDRESS OF INSPECTION 4304 Brandon and Shed OWNER Harold Kelley ADDRESS 4304 Brandon CITY/STATE (053707 APPRAISAL VALUE Land Value 5000 Improvement Value 13750 Total Value 18750 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN TIM AMOUNT OF$8,887.68. MAJOR CODE VIOLATIONS: This structure was damaged during Hurricane Rita. The roof has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted There is extensive water dama a to the interior. All damaged or rotten windows and window sills will need to be aired. Some have been replaced but some are missing. There is termite damage to the structure. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced Prior inspection in February noted plumbing and electrical work being done without permits nor work program. On October 20,2008,drop and meter was removed due to illegal hookup Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS a r �>r � vr Ing 1 �a a w kn •.e-yyyy r. yam, �� •, -1 ! M. Ali ,, Y.v :- °' .,ate,: �.�.m, ., +.i� _ _ .. .." ` � Is.aaas. � � { ��. ., �, .. ___. - t 1 � . fi �'/_' �aa #, ryry � . L a N l I , ' Tom:. R sr w, � o� ., .. '! P �� W�� ,�✓,rte` � '`1L+l�,R�.. 2 < <a C .� \ \ b§ \ . . . \ . \� . . � . � yam: , i } 4 x Ab : � � f � i � �� ;� L-"� � r �. � t e, y � r fk {�; d � .c t.' iy� � �t4 �Y ;11�� d � �¢ �3 f $m �� t � x t� wF k� Y ,�¢p 1s P �. f.: K;K of �{ y ,;, y: ' t u7.i, i�i, "' �_. ,.7. ��... --._ '� h _..___..mac..__.._ ... � »�,.. F ,3, ,:z .., .: .. E:. �, ,. .,: `�w�,',. '� ,� T 1�I - .A K �. £: ). n r VA{° Y �„ � '& �l to / J B . yea K' 77 x �rt ' SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 4. CITY OF BEAUMONT *M'IAL INSPECTION DATE July 29 2008 WARD 1 ADDRESS OF INSPECTION 2669 Broadway and Carport OWNER Philip B. Long ADDRESS 2669 Broadwgy CITY/STATE Houston,TX 77058-1124 APPRAISAL.VALUE Land Value 125M Improvement Value 55530 Total Value 68030 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$7,155.60. MAJOR CODE VIOLATIONS: The main part of this structure's roof has new shingles A small section of roof on the left side needs repair. There is extensive water damage to the interior. The front section of exterior wall has collapsed. The chimney is separating from the structure All damaged or rotten windows Od window sills will need to be repaired. The exterior doors need replacing There is extensive termite damage to the structure. The foundation has extensive rot and deterioration. There are some piers listing in the rear section. The interior floorin&ceilings and walls are damaged and will need repair. The ceilings are falling in. Most of the wall covering is missing. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS i Y i, Mew 'x t 2669 BROADWAY 10 . 21 . \° y d tt . �v+ - T c . . « 3 i iii Ada S I. n 5 f s TAb � � �� , �t �� . .� � ,�� lM��"' ,,f�� '*'"�" �i i` t _ � �� i "�...., µ. �' � w� .I j l e, MOM WAIM A WAN ., :. n ,y �� { 1 �' 1 .., . � "",may\ .:; .�' Y f of a '.-a' .as.. + � .. �;. 5'--i4 ah'Y. b P".. �,�'x.,� �� f i"} � ej_ � f {� i A J r ugv 1M ff t i } { 1 1 • W 28 t 2008 • 0 a S��e a4 Off`- }4 I 1 I'1 I�Wi'IYii W�PYMr''., MAMA i { • 1048 "xr T� 4 f 7 �kn 1� #sue r POW 10 28 . 2 4; O L� 0 s I I r k_ is yx" yY. A r rt Y r J �y �T ,y { } t, ^f y W [ M • � r 4 v xt Tw * , 28 , 2008 �.�� =:� 4• �� +{e y�n#r. II��II�, i�ti `'� ,c`, ,- �� , �` "� � � ,��. ,�w�, ,�, ,a: _.�w? >:i� `� � �`_ .. *�: �+ �. ,, .� 44 .�+ ` �... Q. *p r�<. /� �A t xS .g. q 4A Vt w ,. fir". .. •� t n ice. AL s . SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 5, CITY OF BEAUMONT INITIAL INSPECTION DATE May 21, 2008 WARD 1 ADDRESS OF INSPECTION 7530 Broussard Rd and Shed OWNER Perry Guidry ADDRESS 11460 Hillcrest Dr CITY/STATE (13)-4040 APPRAISAL VALUE Land Value 30340 Improvement Value 53350 Total Value 83690 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: Metal has come loose on some places on roof. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired There is broken glass in the windows. The back door is damaged and will need replacing.There is extensive termite Amdamam to the structure. The exterior sidiniz is deteriorated and damaged. The slab is cracked.The interior ooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible and being trashed and vandalized. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS y � f 7530 BROUSSARD ]0 . 23 . 2 d} v \\\ar . . . » © . 2/• , . «� d». .� . . . 10 , 23 - 2008 2 � ®� >zt � aZ. �I t �r y §`i k r�l � 3 _ z fi i .w� a. ,�k U t>. •02 Aw-- 1 r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 6. CITY OF BEAUMONT �TIAL INSPECTION DATE July 10 2008 WARD 4 ADDRESS OF INSPECTION 1705 Burton and Shed OWNER Edward Goodall ADDRESS 1705 Burton CITY/STATE (05)-3406 APPRAISAL VALUE Land Value 1180 Improvement Value 4000 Total Value 5180 A. Fifty(50)percent deterioration of non-supporting members? YES X NO IL Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$6,576.61. SUIT FILED. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and there are holes in the roof. New shingles wiU be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The front porch canopy is damaged and about to collapse. The front porch flooring rotted. Alt damaged or rotten windows and window sills will need to be repaired. Some windows are boarded. Exterior doors need replacing. There is termite damage. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration. The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. Staff has made several attempts to set up an inspection with son.Michael Goodall,but he has kept changing the dates Mr.Goodall is trying to claim damage on Hurricane Ike. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS a T• t L: ^° �� 5f I �•J Ily p TIMM- 17 1 TT �r 1705 BURTON 6 r v . s ' f M1 m 49.b .k r i i P 10 fl 1'7 t „ s dxv«i. kni s: G { -Y. iAmom w �C3 4 4 �. ., alp- } t ( LI W4 , ' M �y Y r � z � o jT FE '�' '� .. �Sk..'i g dpi � } t. ,.P '� "�''�i. ;� :.�' x� .f.,�. ,� ";4",�• .. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 7. CITY OF BEAUMONT INITIAL INSPECTION DATE May 15, 2008 WARD 3 ADDRESS OF INSPECTION 1428 Cable and Shed OWNER Dorothy Marks ESTATE ADDRESS 1428 Cable CITY/STATE (01) 1305 APPRAISAL VALUE Land Value 1780 Improvement Value 18630 Total Value 20410 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$1,174.119. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired The windows have been stripped ee doors have been removed. There is termite damage to the structure. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration. The interior flooring, ceilings and walls are damaged and will need repair. The interior is trashed All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The yard is overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS . . . ., . xa . 1428 CAB/k` �s t U. J6, . �z 5 � � a � .�'. is h ?.�t ^� i .�� .xI.M" s._ ..._..fir, 5' .]i .., _, �� 1 }}'�,� �" � ''G �� ,Cj, .5 6V�'� R � `J� A y Mr '. '� '� � :.. �� n .. :..... �• � r� .� N. � .,, ,. ., �r � �.�. ,�.•� ,.. �. *� �. . ,, ,. �. �. .,. '. �:a� � " •r � - .. � � ,. , fi �. �' 3-t., y r� � } °° x �, �o- s �� ' rY i .w. ., .. �.� p : ! ,. _. �. ♦rye pp i � f or Y SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 8• CITY OF BEAUMONT qq-ffuL INSPECTION DATE October 11 2007 WARD 3 ADDRESS OF INSPECTION 1590 Cartwright(Garage) OWNER J. Colin and Charles B. Crabbe ADDRESS 1105 N. 23rd St. CITY/STATE (06)-4734 APPRALSAL VALUE Land Value 2500 improvement Value 31060 Total Value 33560 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this garage is metal and is very rusty and deteriorated The rafters and fascia boards are rotted. The garage doors are damaged and missing The structure is listing_ Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value,staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS j 4 � »„'"'��_ �� j" `+Iti •.fix � v ; r a: rr ter* "r .. t V 1 ■ SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 9. CITY OF BEAUMONT 4ITIAL INSPECTION DATE May 31,2007 WARD 4 ADDRESS OF INSPECTION 4286 Congress and Shed OWNER Jeanette Boone ADDRESS 4603 N. Park Rd. CITY/STATE Texarkana, TX 75503-2652 APPRAISAL VALUE Land Value 2450 Improvement Value 13100 Total Value 15550 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work-Repair Program? YES X NO 07/25/07 thru 12/25/07 E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF 5384.65. MAJOR CODE VIOLATIONS: shingles have been placed on roof by previous owner. There is water damage to the interior. All damaged or rotten windows and window sills will need to be repaired There is broken glass in the windows and some are missing The exterior siding is damaged and missing There is Adk rmite damage to the structure. The foundation is deteriorated The interior flooring,ceilings and walls are damaged and will need repair. There is missing ceiling and flooring All damaged electrical wiring and electrical fixtures will need to be replaced. Electrical wiring is hanging Also all damaged plumbing and plumbing fixtures will need to be replaced A work-program was signed by previous owner,Mark M Brackin and work has been done but no inspections have been made. New owner is shown on taxroiL Permits or electrical and plumbing are still needed The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS P 4 s i v _ r gr T n 3 4 Y o,w ^� 4 �W P .20. �Cy"*7� e ML Av Ow f. Ks � r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 10. CITY OF BEAUMONT ITIAL INSPECTION DATE November 20, 2007 WARD 3 ADDRESS OF INSPECTION 1395 Cottonwood (Garage Apartment) OWNER Ruth Cox ADDRESS 7080 Hurley Dr CITY/STATE (48)-1048 APPRAISAL VALUE Land Value 3080 Improvement Value 30370 (More than one structure) Total Value 33450 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this garage apartment has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The structure is listing and too dangerous to enter. The structure could op ssibly fall onto the roe next door. All damaged or rotten windows and window sills will need to be repaired. There is Ormite damage to the structure. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration. The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The yard is overgrown Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS wpm PP W e�d 'y:/ �r pr, 5 e 5 x V f 'a. K ? l• I �! e � 4 ,w i i jr t. JU Yn yy. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 11. CITY OF BEAUMONT OMITIAL INSPECTION DATE May 7. 2007 WARD 4 ADDRESS OF INSPECTION 3112 W. Crockett and Sheds OWNER Evalena W. Marshall c%Evelyn Marshall Jackson ADDRESS 1870 Fairway CITY/STATE (03) APPRAISAL VALUE Land Value 1340 Improvement Value 16870 Total Value 18210 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 03/10/08 thru 08/10/08 MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shin gles will be needed Some shingles are missing. The rafters and fascia boards are rotted and will need to be replaced There is extensive water damage to the interior. The front porch flooring is rotten All damaged or rotten windows and indow sills will need to be repaired. There is broken alass and some windows are missing. The exterior 110ors need to be replaced. There is extensive termite damage to the structure The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced A workprogram was signed but no permit was purchased The structure is open and accessible and being vandalized Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value,staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS ♦rr. ,W, ,rte , kZ- . '" PC ,S• "alb ,�s° ,;... . VIII ." k� � x . . . . � . �. \ 10 . \ .,a. . , . : . . . .. � . . . OD � � � « P . m +:4� i-� .N (. � Y r��f i ��fffl!! +!!{�j•tf+d s X-A +G � r'� ' Z`.s .. � ., � `' 4 'r, .� �� t . ��- �- �� + °,4:! - ;mss: � :, �?' � t� •. y'% �'r '.4 �Y .��d ��, _ -� ��w� °; ,. _ ,� ��-: .� _'� � . . ��'' �� , «� .4 .. �,., a . �� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 12. CITY OF BEAUMONT 4INITIAL INSPECTION DATE December 12, 2007 WARD 4 ADDRESS OF INSPECTION 690 Cuchia (Garage) OWNER Warren Duggins c% John Duggins ADDRESS 4995 Mallett St. CITY/STATE (05)!-5144 APPRAISAL VALUE Land Value 3380 improvement Value 30750 Total Value 34130 A. Fifty(50)percent deterioration of non-supporting members? YES X NO a Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X A Enrolled in Rork Repair Program? YES NO X MAJOR CODE VIOLATIONS: This garage is about to collapse. The roof has extensive deterioration The rafters and fascia boards are rotted. Exterior doors are needed There is termite damage to the structure. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS �h t awl r rte"+.. • T� �. y t' w I or 44 � ' I am b Fl r s f r �„+ �(/�. ! �qi :xis •. "Y, ✓tva'R r', �� r,�',t :.� y,i�may, �. '"'t 'c SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 13. CITY OF BEAUMONT INITIAL INSPECTION DATE February 5,2007 WARD 3 ADDRESS OF INSPECTION 4477 Dallas and Shed OWNER Michael L. McKinley ET UX ADDRESS 5997 Edgewater Dr CITY/STATE Orlando,FL 32810-4805 APPRAISAL VALUE Land Value 2940 Improvement Value 13330 Total Value 16270 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES X NO D. Enrolled in Work Repair Program? YES X NO 03/29/07 thru 08/29/07 Extended until 09/28/07 Extended until 12-31-07 MAJOR CODE VIOLATIONS: This structure has had fire damage. Fire damage is still visible from the outside eves and siding. The structure has new shingles The rafter tails are rotted All damaged or rotten lqw indows and window sills will need to be repaired The windows have been painted over inside The outside of the structure has been painted. Some damage, especially over the carport. are possible storm damage It appears that shingles were placed over burnt material The interior flooring, ceilings and walls are damaged and will need repair. New flooring wiU be needed Ali damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced A work program was signed and a permit was bought but no inspection has been mad& Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS jr ♦ i r , g: r Ofsue,.. .. ._:. w r 3 V^ ow a ' •.r 3 " :a :- P � m"tr••, ;� H$T >We d �q My pM"1� � aJl - b s � 1 •r ,d Wyti �'7 SIR" _ 'fir w S�I fir.. x 1 0 , 3 2008 a�, .� ,. e.t 10 231' ti f •r"I r7 a ��l i AWF AL ` t A' u W .�. � ,`•.~ � .yam" "�" �- f i e . y t L Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty(60)days afterthe final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1)year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty(30) days after final passage hereof. Upon the expiration of the term hereof,this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City,on or before the fifteenth(15th)day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments,charges,or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance,the Company shall furnish to the City a listing of customers served, including customer name, address,frequency of pick-up,size of container ortype of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served,frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise,carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations underthis franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense,any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company,its agents,servants or employees,and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00)property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise,and it shall be maintained in force during the term of the franchise. 3Y General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury,and One Hundred Thousand Dollars($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty(30)days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall,at all times during the term of this franchise,be subjectto all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city,county,state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles,containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean,sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal,state, and local regulations. Collection vehicles and all bulk,commercial,and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight(48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in orderto provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company,the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten(10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company,the City Council may,after a public hearing in which Company is provided an opportunityto present evidence concerning such violation,declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Companywhen provided by certified mail to the address furnished by Company to City. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3827, Beaumont, Texas 77704. Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty(20)days prior to the effective date of this franchise,the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid Cityof Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise,the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision orto falsifythe information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 18th day of November, 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the_ day of , 2008. - Mayor Becky Ames - ACCEPTANCE: Coastal Waste Disposal, Inc. By: 6 November 18, 2008 Consider approving amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorizing the City Manager to execute the required amendment documents RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 18, 2008 REQUESTED ACTION: City Council approve amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment documents. RECOMMENDATION The Administration recommends City Council approve amendments to the Texas Department of Housing& Community Affairs Disaster Recovery Program and authorize the City Manager to execute the required amendment documents. BACKGROUND City Council previously authorized an agreement and subsequent amendments with the Southeast Texas Regional Planning Commission for the City's Housing Services Division to administer federal Disaster Recovery funds from the Texas Department of Housing&Community Affairs ("TDHCA") in the amount of Five Million One Hundred Forty-Five Thousand Dollars ($5,145,000) used for Owner-Occupied Repairs ($2,400,000), Reconstruction($2,500,000), and for Administrative Costs($245,000). Amendments at the State level have been made to the program. The first amendment is an Amendment for Extension of Contract that extends the timeline for program completion from October 31, 2008 to December 31, 2008, and any forthcoming extensions of time not to exceed April 30, 2009. The intent of the referenced forthcoming extension is to address construction delays that resulted from Hurricane Ike and relieve the program administration of additional delay that may result from having to come back to Council for approval of any additional needed extensions. The second amendment is an Amendment to the Interlocal Agreement that clarifies the City's limit of financial responsibility upon completion of rehabilitation or reconstruction activity. The City asked the Southeast Texas Regional Planning Commission to provide language that relieves the City from further review or financial responsibility when providing assistance to homeowners who have delinquent property taxes but have either a tax payment plan that they are current on or a have a deferral. This amendment assures the City that, upon completion of a rehabilitation or reconstruction activity, it has no future liability for unpaid taxes whether caused by default on a tax payment plan by a homeowner or by the death of a homeowner with a deferral. Thirdly, the cost to administer the TDHCA Disaster Program has exceeded the available Administration line item of$245,000. The City has requested additional Administrative funds from TDHCA in the amount of$195,874 to cover deficiencies and projected costs to administer the program through its completion. The Administration requests Council authorize a forthcoming amendment to increase the Administration line item up to $195,874. These additional administrative funds will not result in a reduction of assistance to those receiving help through this program. BUDGETARY IMPACT Funding will be provided from TDHCA Housing Trust Funds for Community Development Block Grant Disaster Recovery Projects. � s Soutfs Eo#Tots$ � Rtgia40104 04, :,- Coamission November 6,2008 PRESIDENT Kyle Hayes,City Manager DELORIS"BOBBIE"PRINCE City of Beaumont,TX Maya 801 Maine,Suite 300 City of Port Arthur Beaumont,TX 77701 lot VICE-PRESIDENT SUZANNE SIMMONS RE: Amendment of Contract Mayor Pro Tern m City of Sour Lake 2nd VICE-PRESIDENT Dear Mr.Hayes: SHIRLEY BONNIN City Councilwoman The South East Texas Regional Planning Commission(SETRPC)seeks to amend the Interlocal City of West Orange Agreement between SETRPC and the City of Beaumont. This amendment is intended to avoid 3rd VICE-PRESIDENT any liability issues that may develop for applicants in the CDBG Disaster Recovery Program EVERECo miss ALFRED whose application was approved Applicant's payment plan or tax County commissioner pp � ppr ed based on the A hcant s entrance into a tax a Jefferson county deferral plan. The amendment will include the following language: TREASURER KEN PELT To be eligible to receive assistance under the CDBG Disaster Recovery Program,a County Commissioner household must demonstrate that they meet certain programmatic and income Hardin County requirements. In general,households must prove that their home was damaged or SECRETARY destroyed by Hurricane Rita,that the household is current on their taxes,and that they JAMES STRINGER County Commissioner own the home that will be repaired,replaced,or reconstructed. Additionally,a Orange County household,rather than an individual person,must qualify as low-to moderate-income LEGAL COUNSEL (LMI)eligible in order to receive CDBG Disaster Recovery Program housing MELODY CHAPPELL assistance. In order to comply with federal regulations regarding eligibility,the City of Wells,Peyton,Greenberg, &Hunt LLP Beaumont must: • Obtain information from the applicant household; • Verify the information; • Calculate the anticipated gross annual income; • Confirm the applicant household's eligibility;and • Certify that the information is complete,true,and accurate. SETRPC may disallow expenditures if the City of Beaumont does not maintain evidence that the household met the requirements at the time the project was approved EXECUTIVE DIRECTOR for assistance by TDHCA. The City of Beaumont is not responsible for ensuring that SHAUN DAVIS assisted households continue to meet all of these requirements into perpetuity. Beau Eastex Freeway SETRPC is asking the City of Beaumont to administrative) approve this request as soon as Beaumont,Texas 77703-4929 g tY y pp eq Telephone(409)899-8444 possible then seek approval by the City Council at their next meeting. FAX(409)347-0138 setrpc@seuw.org http:/Awww.setrpc.org Sincerely, Shaun Davis Executive Director Amendment to Interlocal Agreement THIS AMENDMENT OF CONTRACT is made this 6TH day of November, 2008, for the purpose of amending the contract known as the Interlocal Agreement approved October 31, 2006 ("Original Contract")between South East Texas Regional Planning Commission as Contract Administrator, and The City of Beaumont, Jefferson County,Texas. 1. It is herewith stated that this Amendment to Interlocal Agreement does not replace the conditions or requirements of the existing Agreement and if there are no changes to the requirements of a particular Article, it will be so stated. 2. The Parties agree to adopt the additional following language: To be eligible to receive assistance under the CDBG Disaster Recovery Program,a household must demonstrate that they meet certain programmatic and income requirements. In general,households must prove that their home was damaged or destroyed by Hurricane Rita,that the household is current on their taxes,and that they own the home that will be repaired,replaced,or reconstructed. Additionally,a household,rather than an individual person,must qualify as low-to moderate-income(LMI)eligible in order to receive CDBG Disaster Recovery Program housing assistance. In order to comply with federal regulations regarding eligibility,the City of Beaumont must: • Obtain information from the applicant household; • Verify the information; • Calculate the anticipated gross annual income; • Confirm the applicant household's eligibility;and • Certify that the information is complete,true,and accurate. SETRPC may disallow expenditures if the City of Beaumont does not maintain evidence that the household met the requirements at the time the project was approved for assistance by TDHCA. The City of Beaumont is not responsible for ensuring that assisted households continue to meet all of these requirements into perpetuity. 3. This Amendment binds and benefits both Parties and any successors or assigns. This document, including the Original Contract as amended, is the entire agreement between the Parties. APPROVED: BEAUMONT CITY COUNCIL ,2008 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ,2008 By: Kyle Hayes Shaun Davis City Manager Executive Director Beaumont,Texas South East Texas Regional Planning Commission Amendment for Extension of Contract THIS EXTENSION OF CONTRACT ("Extension") is made this 25th day of July, 2008, for the purpose of extending the contract known as the Interlocal Agreement approved October 31, 2006 ("Original Contract") between South East Texas Regional Planning Commission as Contract Administrator, and The City of Beaumont,Jefferson County, Texas. 1. It is herewith stated that this Contract Extension Agreement does not replace the conditions or requirements of the existing Agreement and if there are no changes to the requirements of a particular Article, it will be so stated. 2. The Parties agree to extend the Original Contract for an additional period, which will begin immediately upon the expiration of the original time period and will end on December 31, 2008. 3. The Parties agree to this extension and any forth coming extensions of time not to exceed April 30, 2009. 4. This Extension binds and benefits both Parties and any successors or assigns. This document, including the Original Contract as amended,is the entire agreement between the Parties. APPROVED: BEAUMONT CITY COUNCIL ,2008 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ,2008 By: Kyle Hayes Shaun Davis City Manager Executive Director Beaumont,Texas South East Texas Regional Planning Commission RESOLUTION NO. WHEREAS, on October 31, 2006, City Council approved Resolution No. 06-338, authorizing the City Manager to execute a contract with the Southeast Texas Regional Planning Commission to provide for the administration of disaster recovery funds from the Texas Department of Housing & Community Development Department (TDHCA); and, WHEREAS,TDHCA has made amendments to the program to extend the timeline for program completion from October 31, 2008, to December 31, 2008, and any forthcoming extensions of time not to exceed April 30, 2009, and clarifying the City's limit of financial responsibility upon completion of rehabilitation or reconstruction activity; and WHEREAS,the City has requested additional administration funds from the TDHCA in the amount of $195,874 to cover deficiencies and projected costs to administer the program through its completion; and WHEREAS, these amendments need to be executed by the City; 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 the documents amending the TDHCA Disaster Recovery program. PASSED by the City Council of the City of Beaumont this the 18th day November, 2008. - Mayor Becky Ames - 7 November 18, 2008 PUBLIC HEARING: Dangerous Structures RICH WITH OPPORRTUNITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager G�3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 18, 2008 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following fifty-nine(59) structures to be dangerous structures and order the owners to raze said structures within ten(10) days. If the property owner fails to comply within ten(10)days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 3820 Avenue B 11. 3112 W. Crockett (1) 2. 2286 Blanchette 12. 690 Cuchia(Garage) 3. 4304 Brandon 13. 4477 Dallas (3) 4. 2669 Broadway 14. 1049 Delaware 5. 7530 Broussard Road 15. 3150 Dogwood Lane (1) 6. 1705 Burton 16. 2475 Euclid 7. 1428 Cable 17. 3246 W. Euclid 8. 1590 Cartwright (Garage) 18. 3476 W. Euclid 9. 4286 Congress (1) 19. 5390 Fannett Road [10, 1395 Cottonwood(Garage Apartment) 20. 2110 Foch(Garage) (#) Indicates number of times structure has been enrolled in work program. Continued 21. 3025 Goliad (1) 41. 2475 Magnolia(Garage) 22. 3620 Goliad 42. 3305 Magnolia(Garage) 23. 4136 Grandberry 43. 35 Minor and Shed& Greenhouse 24. 7640 Greenfield Drive(Mobile Home) 44. 580 Nolan 25. 1224 Hazel (Garage) (1) 45. 3085 Nora 26. 2601-05 Hazel (1) 46. 731 Palm 27. 2405 Hegele(Commercial) 47. 4360 Park (1) 28. 2665 Hegele (1) 48. 925 Parry 29. 2087 Hemlock(Garage) 49. 2375 Pear and Garage/Shed 30. 705 Highland Drive 50. 1110 Pipkin(Garage Apartment) 31. 4192 Highland Avenue(Commercial) 51. 2355 Rusk 32. 589 Hill 52. 2718 Sabine Pass Avenue 33. 2150 Irving&Rear Garage Apartment 53. 2610 San Jacinto(Garage) 34. 2041 Ives (1) 54. 1395 Schwarner 35. 6920 Leblanc Road 55. 1038 Stephenson 36. 2475 Liberty&Rear Garage Apt. (2) 56. 1725 Threadneedle 37. 2610 Linson 57. 1658 Tulane(Garage Apartment) 38. 4620 Maddox(Garage) 58. 3895 Waco 39. 975 Magnolia(Commercial) 59. 2697 Washington Blvd. (1) 40. 1086 Magnolia(Commercial) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these fifty-nine (59) structures and order the owner to raze within ten(10) days. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURESTO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 3820 Avenue B 21. 3025 Goliad 2. 2286 Blanchette 22. 3620 Goliad 3. 4304 Brandon 23. 4136 Grandberry 4. 2669 Broadway 24. 7640 Greenfield Drive (Mobile Home) 5. 7530 Broussard Road 25. 1224 Hazel(Garage)26. 2601-05 Hazel 6. 1705 Burton 26. 2601-05 Hazel 7. 1428 Cable 27. 2405 Hegele (Commercial) 8. 1590 Cartwright(Garage) 28. 2665 Hegele 9. 4286 Congress 29. 2087 Hemlock(Garage) 10. 1395 Cottonwood (Garage Apartment) 30. 705 Highland Drive 11. 3112 W. Crockett 31. 4192 Highland Avenue (Commercial) 12. 690 Cuchia (Garage) 32. 589 Hill 13. 4477 Dallas 33. 2150 Irving & Rear Garage Apartment 14. 1049 Delaware 34. 2041 Ives 15. 3150 Dogwood Lane 35. 6920 Leblanc Road 16. 2475 Euclid 36. 2475 Liberty& Rear Garage Apt. 17. 3246 W. Euclid 37. 2610 Linson 18. 3476 W. Euclid 38. 4620 Maddox(Garage) 19. 5390 Fannett Road 39. 975 Magnolia (Commercial) 20. 2110 Foch (Garage) 40. 1086 Magnolia(Commercial) 41. 2475 Magnolia (Garage) 51. 2355 Rusk 42. 3305 Magnolia (Garage) 52. 2718 Sabine Pass Avenue 43. 35 Minor and Shed &Greenhouse 53. 2610 San Jacinto (Garage) 44. 580 Nolan 54. 1395 Schwarner 45. 3085 Nora 55. 1038 Stephenson 46. 731 Palm 56. 1725 Threadneedle 47. 4360 Park 57. 1658 Tulane (Garage Apartment) 48. 925 Parry 58. 3895 Waco 49. 2375 Pear and Garage/Shed 59. 2697 Washington Blvd. 50. 1110 Pipkin (Garage Apartment) to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated,decayed, unsafe or unsanitary condition,orotherwise unfitfor human habitation, or otherwise likely to endanger the health,safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 3820 Avenue B 8. 1590 Cartwright(Garage) 2. 2286 Blanchette 9. 4286 Congress 3. 4304 Brandon 10. 1395 Cottonwood (Garage Apartment) 4. 2669 Broadway 11. 3112 W. Crockett 5. 7530 Broussard Road 12. 690 Cuchia (Garage) 6. 1705 Burton 13. 4477 Dallas 7. 1428 Cable 14. 1049 Delaware 15. 3150 Dogwood Lane 38. 4620 Maddox(Garage) 16. 2475 Euclid 39. 975 Magnolia (Commercial) 17. 3246 W. Euclid 40. 1086 Magnolia(Commercial) 18. 3476 W. Euclid 41. 2475 Magnolia(Garage) 19. 5390 Fannett Road 42. 3305 Magnolia (Garage) 20. 2110 Foch (Garage) 43. 35 Minor and Shed &Greenhouse 21. 3025 Goliad 44. 580 Nolan 22. 3620 Goliad 45. 3085 Nora 23. 4136 Grandberry 46. 731 Palm 24. 7640 Greenfield Drive(Mobile Home) 47. 4360 Park 25. 1224 Hazel (Garage)26. 2601-05 Hazel 48. 925 Parry 26. 2601-05 Hazel 49. 2375 Pear and Garage/Shed 27. 2405 Hegele (Commercial) 50. 1110 Pipkin (Garage Apartment) 28. 2665 Hegele 51. 2355 Rusk 29. 2087 Hemlock(Garage) 52. 2718 Sabine Pass Avenue 30. 705 Highland Drive 53. 2610 San Jacinto (Garage) 31. 4192 Highland Avenue (Commercial) 54. 1395 Schwarner 32. 589 Hill 55. 1038 Stephenson 33. 2150 Irving & Rear Garage Apartment 56. 1725 Threadneedle 34. 2041 Ives 57. 1658 Tulane (Garage Apartment) 35. 6920 Leblanc Road 58. 3895 Waco 36. 2475 Liberty& Rear Garage Apt. 59. 2697 Washington Blvd. 37. 2610 Linson If the property owner(s)fail(s)to comply within ten (10)days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. If the property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the should for an reason be application of same to a articular set of persons or circumstances pP P p Y 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 violated 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 18th day November, 2008. - Mayor Becky Ames - WORKSESSION * Receive a status report related to planned improvements for the Tennis Complex located at the Athletic Complex * Review and discuss the Community Development Block Grant and HOME Programs * Review and discuss the Seismic Testing Ordinance SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 1. CITY OF BEAUMONT kTIAL INSPECTION DATE January 8. 2008 WARD 4 ADDRESS OF INSPECTION 3820 Avenue B and Storage Building OWNER R. E. Favors ADDRESS 3820 Avenue B CITY/STATE (05)-2004 APPRAISAL VALUE Land Value 1600 Improvement Value 870 Total Value 2470 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration. All new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The front porch is rotten and the canopy support posts are missing. All damaged or rotten windows and window sills will need to be repaired. The windows are missing. The exterior doors need to be replaced. Were is extensive termite damage. The exterior siding is deteriorated. The interior flooring, ceilings and walls are damaged and will need repair. The interior has been trashed. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. This structure has been vandalized and is being stripped Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS I 4 P Q{ N r� S Vii... � 3S III 4 11 Al i O 15 2008 INC CAF *y �r 3820 AVENUE B *46.. AF+ -y µ V el' r c 4 � r yam. L nw gp g A � f s � ' w r.? SYe.. v SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 2. CITY OF BEAUMONT INITIAL INSPECTION DATE August 14.2007 WARD 3 ADDRESS OF INSPECTION 2286 Blanchette and Garage OWNER Sherman and Sherman Inc. ADDRESS P O Boa 20656 CITY/STATE (200656 APPRAISAL VALUE Land Value 2350 Improvement Value 450 Total Value 2800 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration All new shingles will be needed. The rafters and fascia boards are rotted. There is water damage to the interior. The front porch is rotten and the canopy support posts are missing All damaged or rotten windows and window sills 1w ill need to be repaired. All the glass in the windows are broken out. The exterior doors need to be enlaced. There is extensive termite damage Some of the exterior siding is missing The interior flooring, ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible There is also a deteriorated garage on the property with a downed tree in front. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value,staff is recommending a raze order for this structure SEE ATTACHED PHOTOS I, 4 Ye f f R +M*�T.✓'tom e r� k 'e 1 'I t• �'�' � ��* �... �'".• 'fin `�.� a *r ,y I�I Xu oo *PmV 2286 BLANCHETTE .t A S r� � t ri • 1 R i F �s a r^ SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 3. CITY OF BEAUMONT INITIAL INSPECTION DATE February 5. 2008 WARD 4 ADDRESS OF INSPECTION 4304 Brandon and Shed OWNER Harold Kelley ADDRESS 4304 Brandon CITY/STATE (053707 APPRAISAL VALUE Land Value 5000 Improvement Value 13750 Total Value 18750 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN TIM AMOUNT OF$8,887.68. MAJOR CODE VIOLATIONS: This structure was damaged during Hurricane Rita. The roof has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted There is extensive water dama a to the interior. All damaged or rotten windows and window sills will need to be aired. Some have been replaced but some are missing. There is termite damage to the structure. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced Prior inspection in February noted plumbing and electrical work being done without permits nor work program. On October 20,2008,drop and meter was removed due to illegal hookup Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS a r �>r � vr Ing 1 �a a w kn •.e-yyyy r. yam, �� •, -1 ! M. Ali ,, Y.v :- °' .,ate,: �.�.m, ., +.i� _ _ .. .." ` � Is.aaas. � � { ��. ., �, .. ___. - t 1 � . fi �'/_' �aa #, ryry � . L a N l I , ' Tom:. R sr w, � o� ., .. '! P �� W�� ,�✓,rte` � '`1L+l�,R�.. 2 < <a C .� \ \ b§ \ . . . \ . \� . . � . � yam: , i } 4 x Ab : � � f � i � �� ;� L-"� � r �. � t e, y � r fk {�; d � .c t.' iy� � �t4 �Y ;11�� d � �¢ �3 f $m �� t � x t� wF k� Y ,�¢p 1s P �. f.: K;K of �{ y ,;, y: ' t u7.i, i�i, "' �_. ,.7. ��... --._ '� h _..___..mac..__.._ ... � »�,.. F ,3, ,:z .., .: .. E:. �, ,. .,: `�w�,',. '� ,� T 1�I - .A K �. £: ). n r VA{° Y �„ � '& �l to / J B . yea K' 77 x �rt ' SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 4. CITY OF BEAUMONT *M'IAL INSPECTION DATE July 29 2008 WARD 1 ADDRESS OF INSPECTION 2669 Broadway and Carport OWNER Philip B. Long ADDRESS 2669 Broadwgy CITY/STATE Houston,TX 77058-1124 APPRAISAL.VALUE Land Value 125M Improvement Value 55530 Total Value 68030 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$7,155.60. MAJOR CODE VIOLATIONS: The main part of this structure's roof has new shingles A small section of roof on the left side needs repair. There is extensive water damage to the interior. The front section of exterior wall has collapsed. The chimney is separating from the structure All damaged or rotten windows Od window sills will need to be repaired. The exterior doors need replacing There is extensive termite damage to the structure. The foundation has extensive rot and deterioration. There are some piers listing in the rear section. The interior floorin&ceilings and walls are damaged and will need repair. The ceilings are falling in. Most of the wall covering is missing. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS i Y i, Mew 'x t 2669 BROADWAY 10 . 21 . \° y d tt . �v+ - T c . . « 3 i iii Ada S I. n 5 f s TAb � � �� , �t �� . .� � ,�� lM��"' ,,f�� '*'"�" �i i` t _ � �� i "�...., µ. �' � w� .I j l e, MOM WAIM A WAN ., :. n ,y �� { 1 �' 1 .., . � "",may\ .:; .�' Y f of a '.-a' .as.. + � .. �;. 5'--i4 ah'Y. b P".. �,�'x.,� �� f i"} � ej_ � f {� i A J r ugv 1M ff t i } { 1 1 • W 28 t 2008 • 0 a S��e a4 Off`- }4 I 1 I'1 I�Wi'IYii W�PYMr''., MAMA i { • 1048 "xr T� 4 f 7 �kn 1� #sue r POW 10 28 . 2 4; O L� 0 s I I r k_ is yx" yY. A r rt Y r J �y �T ,y { } t, ^f y W [ M • � r 4 v xt Tw * , 28 , 2008 �.�� =:� 4• �� +{e y�n#r. II��II�, i�ti `'� ,c`, ,- �� , �` "� � � ,��. ,�w�, ,�, ,a: _.�w? >:i� `� � �`_ .. *�: �+ �. ,, .� 44 .�+ ` �... Q. *p r�<. /� �A t xS .g. q 4A Vt w ,. fir". .. •� t n ice. AL s . SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 5, CITY OF BEAUMONT INITIAL INSPECTION DATE May 21, 2008 WARD 1 ADDRESS OF INSPECTION 7530 Broussard Rd and Shed OWNER Perry Guidry ADDRESS 11460 Hillcrest Dr CITY/STATE (13)-4040 APPRAISAL VALUE Land Value 30340 Improvement Value 53350 Total Value 83690 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: Metal has come loose on some places on roof. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired There is broken glass in the windows. The back door is damaged and will need replacing.There is extensive termite Amdamam to the structure. The exterior sidiniz is deteriorated and damaged. The slab is cracked.The interior ooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible and being trashed and vandalized. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS y � f 7530 BROUSSARD ]0 . 23 . 2 d} v \\\ar . . . » © . 2/• , . «� d». .� . . . 10 , 23 - 2008 2 � ®� >zt � aZ. �I t �r y §`i k r�l � 3 _ z fi i .w� a. ,�k U t>. •02 Aw-- 1 r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 6. CITY OF BEAUMONT �TIAL INSPECTION DATE July 10 2008 WARD 4 ADDRESS OF INSPECTION 1705 Burton and Shed OWNER Edward Goodall ADDRESS 1705 Burton CITY/STATE (05)-3406 APPRAISAL VALUE Land Value 1180 Improvement Value 4000 Total Value 5180 A. Fifty(50)percent deterioration of non-supporting members? YES X NO IL Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$6,576.61. SUIT FILED. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and there are holes in the roof. New shingles wiU be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The front porch canopy is damaged and about to collapse. The front porch flooring rotted. Alt damaged or rotten windows and window sills will need to be repaired. Some windows are boarded. Exterior doors need replacing. There is termite damage. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration. The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. Staff has made several attempts to set up an inspection with son.Michael Goodall,but he has kept changing the dates Mr.Goodall is trying to claim damage on Hurricane Ike. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS a T• t L: ^° �� 5f I �•J Ily p TIMM- 17 1 TT �r 1705 BURTON 6 r v . s ' f M1 m 49.b .k r i i P 10 fl 1'7 t „ s dxv«i. kni s: G { -Y. iAmom w �C3 4 4 �. ., alp- } t ( LI W4 , ' M �y Y r � z � o jT FE '�' '� .. �Sk..'i g dpi � } t. ,.P '� "�''�i. ;� :.�' x� .f.,�. ,� ";4",�• .. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 7. CITY OF BEAUMONT INITIAL INSPECTION DATE May 15, 2008 WARD 3 ADDRESS OF INSPECTION 1428 Cable and Shed OWNER Dorothy Marks ESTATE ADDRESS 1428 Cable CITY/STATE (01) 1305 APPRAISAL VALUE Land Value 1780 Improvement Value 18630 Total Value 20410 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF$1,174.119. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired The windows have been stripped ee doors have been removed. There is termite damage to the structure. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration. The interior flooring, ceilings and walls are damaged and will need repair. The interior is trashed All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The yard is overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS . . . ., . xa . 1428 CAB/k` �s t U. J6, . �z 5 � � a � .�'. is h ?.�t ^� i .�� .xI.M" s._ ..._..fir, 5' .]i .., _, �� 1 }}'�,� �" � ''G �� ,Cj, .5 6V�'� R � `J� A y Mr '. '� '� � :.. �� n .. :..... �• � r� .� N. � .,, ,. ., �r � �.�. ,�.•� ,.. �. *� �. . ,, ,. �. �. .,. '. �:a� � " •r � - .. � � ,. , fi �. �' 3-t., y r� � } °° x �, �o- s �� ' rY i .w. ., .. �.� p : ! ,. _. �. ♦rye pp i � f or Y SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 8• CITY OF BEAUMONT qq-ffuL INSPECTION DATE October 11 2007 WARD 3 ADDRESS OF INSPECTION 1590 Cartwright(Garage) OWNER J. Colin and Charles B. Crabbe ADDRESS 1105 N. 23rd St. CITY/STATE (06)-4734 APPRALSAL VALUE Land Value 2500 improvement Value 31060 Total Value 33560 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this garage is metal and is very rusty and deteriorated The rafters and fascia boards are rotted. The garage doors are damaged and missing The structure is listing_ Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value,staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS j 4 � »„'"'��_ �� j" `+Iti •.fix � v ; r a: rr ter* "r .. t V 1 ■ SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 9. CITY OF BEAUMONT 4ITIAL INSPECTION DATE May 31,2007 WARD 4 ADDRESS OF INSPECTION 4286 Congress and Shed OWNER Jeanette Boone ADDRESS 4603 N. Park Rd. CITY/STATE Texarkana, TX 75503-2652 APPRAISAL VALUE Land Value 2450 Improvement Value 13100 Total Value 15550 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work-Repair Program? YES X NO 07/25/07 thru 12/25/07 E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF 5384.65. MAJOR CODE VIOLATIONS: shingles have been placed on roof by previous owner. There is water damage to the interior. All damaged or rotten windows and window sills will need to be repaired There is broken glass in the windows and some are missing The exterior siding is damaged and missing There is Adk rmite damage to the structure. The foundation is deteriorated The interior flooring,ceilings and walls are damaged and will need repair. There is missing ceiling and flooring All damaged electrical wiring and electrical fixtures will need to be replaced. Electrical wiring is hanging Also all damaged plumbing and plumbing fixtures will need to be replaced A work-program was signed by previous owner,Mark M Brackin and work has been done but no inspections have been made. New owner is shown on taxroiL Permits or electrical and plumbing are still needed The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS P 4 s i v _ r gr T n 3 4 Y o,w ^� 4 �W P .20. �Cy"*7� e ML Av Ow f. Ks � r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 10. CITY OF BEAUMONT ITIAL INSPECTION DATE November 20, 2007 WARD 3 ADDRESS OF INSPECTION 1395 Cottonwood (Garage Apartment) OWNER Ruth Cox ADDRESS 7080 Hurley Dr CITY/STATE (48)-1048 APPRAISAL VALUE Land Value 3080 Improvement Value 30370 (More than one structure) Total Value 33450 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this garage apartment has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The structure is listing and too dangerous to enter. The structure could op ssibly fall onto the roe next door. All damaged or rotten windows and window sills will need to be repaired. There is Ormite damage to the structure. The exterior siding is deteriorated and damaged. The foundation has extensive rot and deterioration. The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The yard is overgrown Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS wpm PP W e�d 'y:/ �r pr, 5 e 5 x V f 'a. K ? l• I �! e � 4 ,w i i jr t. JU Yn yy. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 11. CITY OF BEAUMONT OMITIAL INSPECTION DATE May 7. 2007 WARD 4 ADDRESS OF INSPECTION 3112 W. Crockett and Sheds OWNER Evalena W. Marshall c%Evelyn Marshall Jackson ADDRESS 1870 Fairway CITY/STATE (03) APPRAISAL VALUE Land Value 1340 Improvement Value 16870 Total Value 18210 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 03/10/08 thru 08/10/08 MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shin gles will be needed Some shingles are missing. The rafters and fascia boards are rotted and will need to be replaced There is extensive water damage to the interior. The front porch flooring is rotten All damaged or rotten windows and indow sills will need to be repaired. There is broken alass and some windows are missing. The exterior 110ors need to be replaced. There is extensive termite damage to the structure The interior flooring,ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced A workprogram was signed but no permit was purchased The structure is open and accessible and being vandalized Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value,staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS ♦rr. ,W, ,rte , kZ- . '" PC ,S• "alb ,�s° ,;... . VIII ." k� � x . . . . � . �. \ 10 . \ .,a. . , . : . . . .. � . . . OD � � � « P . m +:4� i-� .N (. � Y r��f i ��fffl!! +!!{�j•tf+d s X-A +G � r'� ' Z`.s .. � ., � `' 4 'r, .� �� t . ��- �- �� + °,4:! - ;mss: � :, �?' � t� •. y'% �'r '.4 �Y .��d ��, _ -� ��w� °; ,. _ ,� ��-: .� _'� � . . ��'' �� , «� .4 .. �,., a . �� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 12. CITY OF BEAUMONT 4INITIAL INSPECTION DATE December 12, 2007 WARD 4 ADDRESS OF INSPECTION 690 Cuchia (Garage) OWNER Warren Duggins c% John Duggins ADDRESS 4995 Mallett St. CITY/STATE (05)!-5144 APPRAISAL VALUE Land Value 3380 improvement Value 30750 Total Value 34130 A. Fifty(50)percent deterioration of non-supporting members? YES X NO a Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X A Enrolled in Rork Repair Program? YES NO X MAJOR CODE VIOLATIONS: This garage is about to collapse. The roof has extensive deterioration The rafters and fascia boards are rotted. Exterior doors are needed There is termite damage to the structure. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS �h t awl r rte"+.. • T� �. y t' w I or 44 � ' I am b Fl r s f r �„+ �(/�. ! �qi :xis •. "Y, ✓tva'R r', �� r,�',t :.� y,i�may, �. '"'t 'c SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 13. CITY OF BEAUMONT INITIAL INSPECTION DATE February 5,2007 WARD 3 ADDRESS OF INSPECTION 4477 Dallas and Shed OWNER Michael L. McKinley ET UX ADDRESS 5997 Edgewater Dr CITY/STATE Orlando,FL 32810-4805 APPRAISAL VALUE Land Value 2940 Improvement Value 13330 Total Value 16270 A. Fifty(50)percent deterioration of non-supporting members? YES X NO & Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES X NO D. Enrolled in Work Repair Program? YES X NO 03/29/07 thru 08/29/07 Extended until 09/28/07 Extended until 12-31-07 MAJOR CODE VIOLATIONS: This structure has had fire damage. Fire damage is still visible from the outside eves and siding. The structure has new shingles The rafter tails are rotted All damaged or rotten lqw indows and window sills will need to be repaired The windows have been painted over inside The outside of the structure has been painted. Some damage, especially over the carport. are possible storm damage It appears that shingles were placed over burnt material The interior flooring, ceilings and walls are damaged and will need repair. New flooring wiU be needed Ali damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced A work program was signed and a permit was bought but no inspection has been mad& Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS jr ♦ i r , g: r Ofsue,.. .. ._:. w r 3 V^ ow a ' •.r 3 " :a :- P � m"tr••, ;� H$T >We d �q My pM"1� � aJl - b s � 1 •r ,d Wyti �'7 SIR" _ 'fir w S�I fir.. x 1 0 , 3 2008 a�, .� ,. e.t 10 231' ti f •r"I r7 a ��l i AWF AL ` t A' u W .�. � ,`•.~ � .yam" "�" �- f i e . y t L Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty(60)days afterthe final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1)year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty(30) days after final passage hereof. Upon the expiration of the term hereof,this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City,on or before the fifteenth(15th)day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments,charges,or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance,the Company shall furnish to the City a listing of customers served, including customer name, address,frequency of pick-up,size of container ortype of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served,frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise,carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations underthis franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense,any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company,its agents,servants or employees,and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00)property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise,and it shall be maintained in force during the term of the franchise. 3Y General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury,and One Hundred Thousand Dollars($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty(30)days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall,at all times during the term of this franchise,be subjectto all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city,county,state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles,containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean,sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal,state, and local regulations. Collection vehicles and all bulk,commercial,and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight(48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in orderto provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company,the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten(10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company,the City Council may,after a public hearing in which Company is provided an opportunityto present evidence concerning such violation,declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Companywhen provided by certified mail to the address furnished by Company to City. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3827, Beaumont, Texas 77704. Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty(20)days prior to the effective date of this franchise,the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid Cityof Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise,the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision orto falsifythe information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 18th day of November, 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the_ day of , 2008. - Mayor Becky Ames - ACCEPTANCE: Coastal Waste Disposal, Inc. By: