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HomeMy WebLinkAboutPACKET JAN 26 2010 RICH WITH OPPORTUNITY 11C A,[I 1�1 U1 11)( T • E - X • A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 26, 2010 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a six (6) month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department B) Approve a one-year contract with CapitalEdge Advocacy, L.L.C., to act as the City of Beaumont's Washington Assistant and revocation of Resolution No. 10-002 approved by Council on January 12, 2010, approving a one-year renewal of the contract with Carolyn C. Chaney&Associates, Inc., to act as the City of Beaumont Washington Assistant C) Approve a resolution accepting lesser payment and authorizing the release of a paving lien against property described as 570 Royal Street, Lots 51 & 52, Block 6 of Langham to Beaumont Addition, Beaumont, Texas D) Authorize the settlement of the lawsuit styled Donald Jackson v. City of Beaumont, et al A r C .[I 1�1 C1 I T 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: January 26, 2010 REQUESTED ACTION: Council consider authorizing the award of six (6) month contract for Aluminum Sulfate. RECOMMENDATION The Administration recommends the award of a contract to GEO Specialty Chemicals, Inc., of Little Rock, AR, in the estimated amount of$84,000. BACKGROUND Bids were requested for a six (6) month contract for Aluminum Sulfate for use by the Water Utilities Department to be used in the water treatment process. Bid notices were provided to five (5) vendors with five (5) responding with bids as indicated below. It is estimated that 600 tons will be used during the six (6) month contract. The product recommended for award meets all specifications. GEO Specialty has previously held this contract at a price of$250 per dry ton. Vendor Unit Price Total Price GEO Specialty Chemical, Little Rock, AR $140.00 $84,000.00 Altivia Corp., Houston, TX $179.85 $107,910.00 Cheameleon Industries, Mesquite, TX $197.58 $118,548.00 Southern Ionics, West Point, MS $226.00 $135,600.00 General Chemical, Parsippany, NJ $280.00 $168,000.00 BUDGETARY IMPACT Funds are budgeted in the Water Utilities Department's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department; and, WHEREAS, GEO Specialty Chemical of Little Rock, Arkansas, submitted a bid in the amount of $140.00 per unit for an estimated contract amount of $84,000.00; and WHEREAS, City Council is of the opinion that the bid submitted by GEO Specialty Chemical of Little Rock, Arkansas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.- THAT the bid submitted by GEO Specialty Chemical of Little Rock, Arkansas, for a six (6) month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department in the unit amount of $140.00 for an estimated amount of $84,000 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2010. - Mayor Becky Ames - B RICH WITH OPPORTUNITY r C . IT � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: January 26, 2010 REQUESTED ACTION: Consider a one-year contract with CapitalEdge Advocacy, L.L.C., to act as the City of Beaumont's Washington Assistant and revocation of Resolution No. 10-002 approved by Council on January 12, 2010, approving a one- year renewal of the contract with Carolyn C. Chaney & Associates, Inc., to act as the City of Beaumont Washington Assistant. RECOMMENDATION The Administration recommends approval of a one-year contract with CapitalEdge Advocacy, L.L.C., in the amount of$61,488.00 and revocation of Resolution No. 10-002 approved by Council on January 12, 2010. The contract will also include a maximum of$4,000 for reimbursable expenses. BACKGROUND On a yearly basis since 1980, the City has contracted with an organization to provide legislative services on the federal level. Ms. Chaney, as the City Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. Ms. Chaney has changed the name of her firm from Carolyn C. Chaney & Associates, Inc., to CapitalEdge Advocacy, L.L.C. On January 12, 2010, Council approved the entry of a contract with Ms. Chaney's old firm, Carolyn C. Chaney & Associates, Inc. Such approval should be revoked and the City Manager should be authorized to enter into a contract with Ms. Chaney's new firm, CapitalEdge Advocacy, L.L.C. A letter from Mrs. Chaney and the proposed contract are attached for your review. Also attached for your review is Resolution No. 10-002. BUDGETARY IMPACT Funds are budgeted for this expenditure in the FY2010 Budget. AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND CAPITALEDGE ADVOCACY, LLC 1212 NEW YORK AVENUE, NW- SUITE_250 WASHINGTON, D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and CapitalEdge Advocacy, LLC (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. L Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff, office space,utilities, furnishings,and equipment, common-use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually•agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont, Texas; C. As Washington Assistant the Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City of those items which may have a bearing on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as may be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of City Managers and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; 1 F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. H Obligations of the City of Beaumont, Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; 2 C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments,Council agenda and proceedings,newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for(1) all travel expenses incurred pursuant to Paragraph I,Subparagraphs D and G; (2) expenses for attendance at any other meetings attended by the Washington Assistant outside Washington, DC, at the request of the City; E. To reimburse the Consultant for other expenses which are incurred within Washington, DC on behalf of the City in carrying out the provisions of this Agreement and as approved by the City Manager subject to the provisions of Paragraph M F. To bear long distance telephone, photocopying, executive expenses and postage expenses. III. The City of Bea umont, Texas and the Consultant concur that the following exclusions shall apply to this.Agreement.• A. The Consultant: 1. Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph 1, Subparagraph J, above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. 3 IV. Compensation The cost of service will be $61,488.00 for twelve months,payable in advance,in equal monthly installments of$5,124.00 commencing on the first day of January, 2010. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph II, Subparagraphs D, E, and F. V, Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days notice in writing of such termination. IN WITNESS WHEREOF: ATTEST DATE Carolyn . Chaney, Washingto Assistant Kyle Hayes, City Manager 4 RESOLUTION NO. 10-002 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 one-year renewal contract in the amount of$61,488,with an additional maximum of$4,000 for reimbursable expenses, with Carolyn C. Chaney & Associates, Inc., to act as the City of Beaumont*s Washington Assistant. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of January, 2010. h - Mayor Becky Ames - a /W� RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont approved Resolution 10-002 on January 12, 2010, authorizing the City Manager to execute a one-year renewal contract in the amount of $61,488, with an additional maximum of $4,000 for reimbursable expenses, with Carolyn C. Chaney and Associates, Inc., to act as the City of Beaumont's Washington Assistant; and WHEREAS, the name of Carolyn C. Chaney's firm has been changed to CapitalEdge Advocacy, L.L.C.; and WHEREAS, the City Council desires to execute a one year contract with CapitalEdge Advocacy, L.L.C., in the amount of $61,488, with an additional maximum of $4,000 for reimbursable expenses, to act as the City of Beaumont's Washington Assistant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year renewal contract in the amount of$61,488, with an additional maximum of$4,000 for reimbursable expenses, with CapitalEdge Advocacy, L.L.C., to act as the City of Beaumont's Washington Assistant. BE IT FURTHER RESOLVED THAT Resolution No. 10-002 adopted on January 12, 2010, be and it is hereby revoked. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2010. - Mayor Becky Ames - c [117 Al 11 1�j C1 174( 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: January 26, 2010 REQUESTED ACTION: Council consider a resolution accepting lesser payment and authorizing the release of a paving lien against property described as 570 Royal Street, Lots 51 & 52, Block 6 of Langham to Beaumont Addition, Beaumont, Texas. RECOMMENDATION Administration recommends approval. BACKGROUND The property described as Lots 51, 52, 53 & 54, Block 6 of Langham to Beaumont Addition has a paving lien dated 4/10/1931 totaling$6,274.17 which represents$715.20 in principal and$5,558.97 in interest. Mary Guidry and Morris Senegal purchased Lots 51 & 52 on December 10, 1982,but the lien was not discovered and cleared. Lots 53 & 54 were sold to Longshoreman's Local 1316 on February 1, 1979 and we have no record that the lien was found at the time of this sale either. According to Ms.Guidry's attorney Mel W. Shelander,this lien will greatly diminish the net balance of a pending sale of the property and the elderly Guidry and Senegal need the money from the sell to live on. We suggest that the lien payoff be calculated at half the original principal for two lots instead of four and thru December 10, 1982 when the current owners purchased the property,a total of$2,179.89 represented by $357.60 principal and $1,822.29 in interest. BUDGETARY IMPACT None. IAN-12-2010 05:07P FROM:MEL SHELRNDEP, 4p9-833-3935 TO:8803113 P.2 Mel W. Shelander Attorney at Law P.C. 245 N. Fourth Beaumont, Texas 77701 (409) 833-2165 Fax (409) 833-3935 January 12, 2010 Linda Frank Cash Management Via Fax # 880-3113 City of Beaumont Dear Ms. Frank: I represent Mary Guidry in a partition suit with her long time companion,Morris Senegal. As part of the lawsuit,their commonly owned home at 570 Royal is being sold. (They lived together like husband and wife,but it was not common law) The 1931 pavement lien in the original amount of$715.20 has now surfaced. These people purchased this property in 1982 and for some reason the lien didn't surface when they purchased the property. They obviously had nothing to do with the pavement decisions made in 1931. This now$6,269.27 total has greatly diminished their net balance. These 2 people are in their 70's and are on social security. They really need this money to live on and to get back on their feet individually. Please pass this on the City Council to see what, if any,relief they can do to this 79 year old lien. Sincerely, -A� Z/4-1 Mel W. Shelander MWS/ek RESOLUTION NO. WHEREAS, a paving lien dated April 10, 1931, in the amount of $6,274.17, represented by $715.20 in principal and $5,558.97 in interest, exists against property described as Lots 51, 52, 53 and 54, Block 6 of Langham to Beaumont Addition; and WHEREAS, on December 10, 1982, Mary Guidry and Morris Senegal purchased Lots 51 and 52, Block 6 of Langham to Beaumont Addition, and said paving lien was not discovered and cleared at that time; and WHEREAS, Mary Guidry and Morris Senegal are attempting to sell Lots 51 and 52, Block 6 of Langham to Beaumont Addition and the net balance of the pending sale will be greatly diminished by said lien; and WHEREAS, the City recommends calculating the lien payoff for Lots 51 and 52, Block 6 of Langham to Beaumont Addition at half the original principal and through December 10, 1982, for a total payoff of $2,179.89, represented by $357.60 in principal and $1,822.29 in interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the lien payoff for Lots 51 and 52, Block 6 of Langham to Beaumont Addition be and it is hereby calculated at half the original principal and through December 10, 1982, for a total payoff of $2,179.89, represented by $357.60 in principal and $1,822.29 in interest. BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to executed all documents necessary to evidence the release of the pavement lien in the amount of $2,179.89 against the above described property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2010. - Mayor Becky Ames - D RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: January 26, 2010 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Donald Jackson v. City of Beaumont, et al RECOMMENDATION Administration recommends approval of a resolution authorizing the settlement of a lawsuit styled Donald Jackson v. City of Beaumont, et a] in the amount of$65,000. BACKGROUND This matter was most recently presented and discussed in Executive Session held on January 19, 2010. The City Attorney is requesting authority to settle this suit. BUDGETARY IMPACT There are sufficient funds in the General Fund to pay the settlement amount. RESOLUTION NO. WHEREAS, the lawsuit styled Donald Jackson v. City of Beaumont, et al was discussed in Executive Session properly called and held Tuesday, January 19, 2010; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Donald Jackson v. City of Beaumont, et al; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Donald Jackson v. City of Beaumont, et al for the sum of Sixty-Five Thousand Dollars ($65,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2010 - Mayor Becky Ames - RICH WITH OPPORTUNITY 1111c" ( T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 26, 2010 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 approving a financing agreement for the lease purchase of equipment for use by the Solid Waste Division and the Fire Department 2. Consider authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to May 4, 2010 3. Consider authorizing the participation of the City of Beaumont with other Entergy Texas, Inc., service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2010 4. Consider amending the FY 2010 Budget to appropriate funds in the Rita Recovery Fund to be transferred to the Gustav Recovery Fund 5. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department 6. Consider authorizing the City Manager to apply for and accept grant funding through the National Recreational Trails Fund in Texas administered by the Texas Parks and Wildlife Department's (TPWD) Recreation Grants Branch 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 COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: John Smith v. The City of Beaumont, et al Brandon Pickard v. City of Beaumont, Texas, et al State of Texas v. James Edward Mathews, Jr. City of Beaumont v. James Mathews 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. 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. 1. 4655 Buffalo 2. 3266 Case 3. 2830 Concord Road (Commercial Apts) 4, 2365 Cousins 5. 1035 Delaware 6. 1845 Delaware 7. 4292 Detroit Avenue 8. 1603 Earl 9. 1685 Earl 10. 4075 El Paso 11, 1040 Fairway and Shed 12. 450 E. Gill 13. 590 E. Gill 14. 620 E. Gill 15. 1857 Grand 16. 2710 Grand 17. 3130 Grand and Carport 18. 1450 Interstate 10 (Commercial) (Rear Auxiliary Building) 19. 1910 Ives 20. 1995 Ives 21. 310 Jeanette 22, 360 Jeanette 23. 422 Jeanette and Shed 24. 565 Jeanette 25. 324 La Salle 26. 2095 Leight 27. 2125 Leight 28. 150 Lethia and Shed 29. 370 Lethia 30. 2036 Linson 31. 2567 Linson 31 2155 E. Lucas Drive(Commercial) 33. 1960 Magnolia Avenue 34. 1990 Magnolia Avenue (Commercial) 35, 2610 Magnolia Avenue (Commercial) 36. 3233 Magnolia Avenue (Rear Garage Apartment) 37. 3421 Magnolia Avenue 38. 175 Manning PUBLIC HEARING: Dangerous Structures Page 2 39, 1635 Pauline and Shed 40. 2330 Pierce 41. 4197 Pine (Duplex) 42. 180 Pollard 43. 380 Pollard 44. 2300 Pope 45. 2033 Primrose 46. 670 Prince 47. 860 Prince 48. 3435 Quinn 49. 2180 Ratcliff 50. 2105 Renaud 51, 260 E. Simmons 52. 270 E. Simmons 53, 1030 Steve Drive 54. 3295 Taliaferro 55. 2365 Taylor and Garage 56. 2810 Virgil 57. 2820 Virgil 58. 3560 Youngstown 59, 3760 Youngstown 1 January 26, 2010 Consider approving a financing agreement for the lease purchase of equipment for use by the Solid Waste Division and the Fire Department RICH WITH OPPORTUNITY icm . � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer'�111 MEETING DATE: January 26, 2010 REQUESTED ACTION: Council consider approving a financing agreement for the lease purchase of equipment for use by the Solid Waste Division and the Fire Department. RECOMMENDATION The administration recommends award of a bid for a five (5)year financing agreement with a fiscal interest rate of 2.73% to Chase Equipment Leasing of Columbus, Ohio for the purchase of six (6) garbage trucks and one (1) Pierce fire truck. BACKGROUND The garbage trucks will be used by the Solid Waste Division to remove refuse from City neighborhoods. The garbage trucks will replace units rendered unfit for continued use by age and mileage. Purchase of twelve (12) garbage trucks was approved by Council on August 4, 2009 with Resolution No. 09-229. Six (6) of the garbage trucks were purchased directly and the remaining six (6) will be financed by the lease purchase agreement. The fire truck, a combination pumper and ladder truck, meets ISO standards for the area served by Fire Station No. 5, 6375 Walden Road, where it will be located. Purchase of the fire truck was approved by Council on August 25, 2009 with Resolution No. 09-250. Bids were requested for a fixed interest rate to finance the total cost for five (5) years with the first annual payment in arrears. The total cost of the equipment including finance costs will be $2,468,143.59. Financing Agreement January 26,2010 Page 2. Bids were requested from eighteen(18) vendors with seven (7) vendors responding with bids as follow: Financial Institution Location Interest Rate Chase Equipment Finance, Inc. Columbus, OH 2.73 % Bank of America Scottsdale, AZ 3.18 % First Southwest Leasing Co. Dallas, TX 3.35 % Carlyle Capital Markets, Inc Dallas, TX 3.72 % Wells Fargo Securities, LLC Houston, TX 3.65 % Capital One Bank Melville, NY 3.97 % Baystone Financial Group Manhattan, KS 4.25 % BUDGETARY IMPACT An amortization schedule indicating the cost of the financing agreement is as follows: Payment No. Principal Interest Payment Amount Purchase Option 1 $431,433.61 $62,195.11 $493,628.72 $2,304.404.11 2 $443,211.75 $50,416.97 $493,628.72 $1,897,192.36 3 $455,311.43 $38,317.29 $493,628.72 $1,441,880.93 4 $467,741.43 $25,887.29 $493,628.72 $974,139.49 5 $480,510.78 $13,117.93 $493,628.71 $493,628.72 TOTAL $2,278,209.00 $189,934.59 $2,468,143.59 Financing the total amount of$2,278,209.00 will result in a net cost of$189,934.59 The first annual payment of$493,628.72 will be due one (1) year after execution of the agreement. The debt will be apportioned between the garbage trucks and the fire truck and serviced by the Solid Waste Fund and Capital Reserve Fund, respectively. BID TAB FOR: FIXED INTEREST RATE LEASE PURCHASE FINANCING AGREEMENT BID NUMBER: MF1210-23 VENDOR Chase Equipment Finance Bank of America* CCMI 111 Polaris Parkway 14648 N.Scottsdale Rd 14755 Preston Rd Columbus,OH Scottsdale,AZ Dallas,TX OPTION 1a, 5 YEARS INTEREST RATE 2.73% 3.18% 3.72% ALL EQUIPMENT PRINCIPAL AMOUNT$2,278,209 OPTION 1b,5 YEARS INTEREST RATE 2.73% SIX REFUSE TRUCKS ONLY PRINCIPAL AMOUNT$1,445,712 OPTION 1c, 5 YEARS INTEREST RATE 2.73% 3.18% AERIAL FIRE TRUCK ONLY PRINCIPAL AMOUNT$832,497 OPTION 2a, 7 YEARS INTEREST RATE 3.15% 3.68% 4.29% ALL EQUIPMENT PRINCIPAL AMOUNT$2,278,209 OPTION 2b,7 YEARS INTEREST RATE 3.15% 3.68% SIX REFUSE TRUCKS ONLY PRINCIPAL AMOUNT$1,445,712 OPTION 2c, 7 YEARS INTEREST RATE 3.15% 3.68% SIX REFUSE TRUCKS ONLY PRINCIPAL AMOUNT$1,445,712 *Vendors non-compliant with requirements of bid package. RESOLUTION NO. WHEREAS, bids were received for a financing agreement for the purchase of six (6) autocars with automated side loaders and one (1) Pierce fire truck for use by the Solid Waste and Fire Departments; and, WHEREAS, Chase Equipment Leasing, Columbus, Ohio, submitted a bid for a five (5) year financing agreement with a fixed interest rate of 2.73%; and, WHEREAS, City Council is of the opinion that the bid submitted by Chase Equipment Leasing, Columbus, Ohio, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Chase Equipment Leasing, Columbus, Ohio, for a five (5) year financing agreement with a fixed rate of 2.73% for a total amount of$2,468,143.59 for the purchase of six (6) autocars with automated side loaders and one (1) Pierce fire truck for use by the Solid Waste and Fire Departments be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2010. - Mayor Becky Ames - 2 January 26,2010 Consider authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to May 4, 2010 RICH WITH OPPORTUNITY [I 11EM A,11 1�1 C1 I W9( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne MEETING DATE: January 26, 2010 REQUESTED ACTION: Consider an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to May 4, 2010. RECOMMENDATION Administration recommends approval of an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to May 4, 2010. BACKGROUND On December 30, 2009, Entergy Texas, Inc. (Entergy) filed its Statement of Intent to increase rates with each city that retains exclusive original jurisdiction over electric rates and services in the Entergy service area. This proposal would increase rates an estimated $200 million annually. An average residential customer using 1,000 kilowatt hours of electricity per month can expect a $25.85 or 20.30% monthly increase under the Entergy rate increase proposal. In addition, city municipal lighting service is proposed to be increased by about 10% above the current authorized levels. Each city retaining exclusive original jurisdiction must make a determination regarding F,ntergy's rate increase request or suspend the proposed effective date within thirty-five (35) days of Entergy's filing or by February 3, 2010. If a timely determination is not made or the effective date is not suspended, the rate increase proposed by Entergy would go into effect by operation of law. The proposed ordinance authorizes the suspension of the effective date of the proposed increase to May 4, 2010. This would allow for the City to join with other cities in the Entergy service area as a steering committee to combine efforts to review the rate filing package and participate in the rate case filed before the Public Utility Commission of Texas. The ordinance also authorizes the hiring of the Lawton Law Firm, P.C., to represent the steering committee and requires the steering committee to seek reimbursement from the utility company for any rate case expenses incurred. BUDGETARYIMPACT The reasonable expenses associated with these cases will be reimbursable by the company as they have been in the past. ORDINANCE NO. ORDINANCE OF THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE FEBRUARY 3, 2010, EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED "APPLICATION OF ENTERGY TEXAS, INC. FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE, FUEL COSTS", FILED ON DECEMBER 30, 2009; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO "THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS, REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WI'T'H THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE, SUBJF,CT, AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about December 30, 2009 Entergy Texas, Inc. ("ETI") filed a Statement of Intent with the City to increase electric rates in the ETI Service Area by $198.7 million per year; and WHEREAS, Cities have exclusive original jurisdiction over the rates, operations and services of an electric utility in areas in the municipality pursuant to the Public Utility Regulatory Act §33.001(a); and WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates; and WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the Electric Utility under Public Utility Regulatory Act § 33.023; and WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed rate adjustment it is necessary to suspend the effective date for implementing the proposed rates until at least May 4, 2010 in order to allow the City's rate experts sufficient time to determine the merits of ETI's proposed rates; and WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing analyzing, and investigating ETI's $198.7 million rate increase request, City's efforts will be coordinated with similarly situated municipalities through the Entergy Texas, Inc. Cities Service Area Steering Committee; and WHEREAS, the City will join with other ETI service area municipalities in a steering committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the steering committee and the City; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. The effective date of ETI's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days until May 4, 2010 in order to complete the review and investigation by City's experts. Section 3. The City is authorized to join with other municipalities as part of the Entergy Texas, Inc. Service Area Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. Section 4. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed rate increase of ETI before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Cities' Steering Committee. Section 5. The Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to ETI for reimbursement. Section 6. City's legal representatives shall have the right to obtain additional information from ETI through the service of requests for information. Section 7. ETI shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorneys and consultant and expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 8. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 9. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED this 26th day of January, 2010. - Mayor Becky Ames - ATTEST: Tina Broussard City Clerk 3 January 26,2010 Consider authorizing the participation of the City of Beaumont with other Entergy Texas, Inc., service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2010 RICH WITH OPPORTUNITY [I I'Lo A�11 1�1 C1 1'4( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City AttorneyA�— MEETING DATE: January 26, 2010 REQUESTED ACTION: Council consider a resolution authorizing the participation of the City of Beaumont with other Entergy Texas, Inc., service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2010. RECOMMENDATION Administration recommends the adoption of a resolution authorizing the City of Beaumont to participate with other Entergy Texas, Inc., service area cities and to intervene in proceedings filed by Entergy Texas, Inc., before the Public Utilities Commission of Texas for the calendar year 2010. BACKGROUND Historically, the City of Beaumont has joined with other cities in the Entergy Texas, Inc., service area in participating in proceedings before the Public Utilities Commission of Texas and various other rate and fuel matters filed by Entergy. The City of Beaumont has, over the last several years, adopted a similar resolution to the one proposed today and has participated in the various cases filed by Entergy over the years. The purpose of this resolution is to authorize the City of Beaumont to participate with other cities by intervening in the cases that the company has filed and is expected to file in 2010. This participation is necessary to assure reasonable rates and charges and fair competition to all customer classes. BUDGETARY IMPACT All reasonable expenses associated with these cases will be reimbursable by the company as they have been in the past. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2010 WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer choice has ceased due to Senate Bill 1492 and ETI will continue to be regulated; WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate proceedings will have a direct impact on ETI and customer bills during the year; WHEREAS, ETI is scheduled to litigate its request in various proceedings before the Public Utility Commission, before municipalities, or before the Federal Energy Regulatory Commission in 2010 related to various fuel cost surcharges and reconciliations, capacity cost surcharges and reconciliations; and for any type of incremental base rate adjustment proceedings or a cost of service adjustment; WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2010, and file other fuel proceedings during 2010 to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism, along with various surcharge requests impacting rates; WI IEREAS, ETI is scheduled to file a proceeding to determine the proper Texas allocation of rough production cost equalization payments from Entergy Arkansas to be refunded to Texas customers; WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with it Energy Efficiency Plan; WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and ratepayers within Cities; WHEREAS, Cities have original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001, WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to T�.r. U7,iL. Code §33.025, and standing before each Federal Energy Regulatory Commission case in which the City may be affected pursuant to 18 C.F.R. § 385.214; WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, that: SECTION 1. The City of Beaumont shall participate with other Cities to intervene in ETI's various rate filings related to the various fuel cost surcharges and reconciliations, capacity cost surcharges and reconciliations, the allocation and refund of rough production cost equalization payments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission or with municipalities in 2010 and seek appropriate regulatory scrutiny in any case on file at the Federal Energy Regulatory Commission affecting the City and its residents. The City of Beaumont shall participate with other Cities to intervene in fuel or fuel related proceedings at the Public Utility Commission and the Federal Energy Regulatory Commission on file in 2010 concerning ETI's rates charged to Texas customers. All such actions shall be taken pursuant to the direction of the Cities' Steering Committee. Cities' Steering Committee shall have authority to retain rate consultants and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED by vote of the City Council of' the City of Beaumont, Texas, this 26th day of January, 2010. THE CITY OF BEAUMONT, TEXAS By: _ Mayor Becky Ames ATTEST: Tina Broussard, City Secretary APPROVED AS TO FORM: 4 January 26,2010 Consider amending the FY 2010 Budget to appropriate funds in the Rita Recovery Fund to be transferred to the Gustav Recovery Fund id a;.13 ILL'S I I6 0'F'1 T, IIIE7A,[11�1 [1 T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Office MEETING DATE: January 26, 2010 REQUESTED ACTION: Council consider amending the FY 2010 Budget. RECOMMENDATION Administration recommends that Council amend the FY 2010 Budget to appropriate $179,966 in the Rita Recovery Fund to be transferred to the Gustav Recovery Fund. BACKGROUND As a result of the planning and evacuation for Hurricane Gustav in August of 2008,the City incurred $1,220,230 in costs and recovered all but $179,996 through reimbursements from FEMA. The Gustav Recovery Fund is ready to be closed out and in order to do so, a transfer is required to offset the negative fund balance. � BUDGETARYIMPACT Although the City has ongoing projects related to Hurricane Rita, monies are available in the Rita Recovery Fund to cover this transfer. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO TRANSFER $179,966 FROM THE RITA RECOVERY FUND TO THE GUSTAV RECOVERY FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2009, through September 30, 2010, be and the same is hereby amended to appropriate and transfer the sum of$179,966 from the fund balance of the Rita Recovery Fund to the Gustav Recovery Fund. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2010. - Mayor Becky Ames - 5 January 26, 2010 Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department RICH WITH OPPORTUNITY 1EM ► ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police L MEETING DATE: January 26, 2010 REQUESTED ACTION: Request Council's consideration to amend Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department. RECOMMENDATION Administration recommends approval. BACKGROUND Weldon Dunlap retired from the Police Department after 40 years of service, with his most recent position as that of Assistant Chief. That position is now vacant. We are asking that City Council eliminate the position of Assistant Chief so that the Police Chief can work closer with the three Captains. This is possible at this time without compromising the efficiency of the organization. This would change the total number of positions in the department from 264 to 263. BUDGETARY IMPACT This would result in a savings of approximately $125,000 on an annual basis.. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO ELIMINATE THE POSITION OF ASSISTANT CHIEF IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. 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 I Officers 204 II Sergeants 41 Ilf Lieutenants 15 IV Captains 3 Total 263 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 BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2010. - Mayor Becky Ames - 6 January 26,2010 Consider authorizing the City Manager to apply for and accept grant funding through the National Recreational Trails Fund in Texas administered by the Texas Parks and Wildlife Department's (TPWD) Recreation Grants Branch RICH WITH OPPORTUNITY r C . 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: January 26, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and accept grant funding through the National Recreational Trails Fund in Texas administered by the Texas Parks and Wildlife Department's (TPWD) Recreation Grants Branch. RECOMMENDATION Administration recommends authorizing the City Manager to submit an application and to accept grant funds through the Texas Recreational Trails Grant. BACKGROUND The Texas Recreational Trails Grant is funded through the National Recreational Trails Fund from a portion of federal gas taxes paid on fuel used in non-highway recreational vehicles. The grant program is administered by TPWD's Recreation Grants Branch and are made available to local government entities. The Recreational Trails Grant funds can be spent on the construction of new recreational trails and to improve existing trails. The grant is on a cost reimbursement basis. Project sponsors must initiate their approved projects with their own funds and be reimbursed up to 80% of allowable costs. Individual trail grants can range from $4,000 to $200,000. If approved, the Recreational Trails Grant will be used for Walking Trail Improvements at Klein Park. Improvements proposed have an estimated cost of$167,000. Based on the terms of the grant, up to $133,600 of these costs would be reimbursable. BUDGETARY IMPACT The grant reimburses up to 80% of allowable project costs up to a maximum of$200,000. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive grant funding through the Texas Recreational Trails Grant Program, funded through the National Recreational Trails Fund and administered by the Texas Parks and Wildlife Department's Recreation Grants Branch, in an amount up to $200,000 for walking trail improvements at Klein Park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of January, 2010. - Mayor Becky Ames - 7 January 26, 2010 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 RICH WITH OPPORTUNITY 11cm ► � 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: January 26, 2010 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following fifty-nine(5 9)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. 4655 Buffalo 11. 1040 Fairway and Shed 2. 3266 Case 12. 450 E. Grill 3. 2830 Concord Rd (Commercial Apts) 13. 590 E. Gill and Garage 4. 2365 Cousins 14. 620 E. Grill and Shed 5. 1035 Delaware 15. 1857 Grand and Shed 6. 1845 Delaware 16. 2710 Grand (1) 7. 4292 Detroit Avenue 17. 3130 Grand and Carport 8. 1603 Earl 18. 1450 Interstate 10 (Commercial Aux Bld) 9. 1685 Earl 19. 1910 Ives 10. 4075 El Paso 20. 1995 Ives (#) Indicates number of times structure has been enrolled in work program. Continued 21. 310 Jeanette 41. 4197 Pine (Duplex) 22. 360 Jeanette 42. 180 Pollard and Carport/Shed 23, 422 Jeanette and Metal Shed 43. 380 Pollard 24. 565 Jeanette and Shed 44. 2300 Pope 25. 324 La Salle 45. 2033 Primrose 26. 2095 Leight 46. 670 Prince 27. 2125 Leight 47. 860 Prince 28. 150 Lethia and Shed 48. 3435 Quinn 29. 370 Lethia and Shed 49. 2180 Ratcliff' 30. 2036 Linson 50. 2105 Renaud 31. 2567 Linson 51. 260 E. Simmons 32. 2155 E. Lucas (Commercial) 52. 270 E. Simmons 33. 1960 Magnolia Avenue 53. 1030 Steve Drive 34. 1990 Magnolia Avenue (Commercial) 54. 3295 Taliaferro 35. 2610 Magnolia Avenue (Commercial) 55. 2365 Taylor and Garage 36. 3233 Magnolia Avenue (Garage Apt) 56. 2810 Virgil 37. 3421 Magnolia Avenue 57. 2820 Virgil 38. 175 Manning 58. 3560 Youngstown 39. 1635 Pauline and Shed 59. 3760 Youngstown 140. 2330 Pierce (*) 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. These structures are located within the Neighborhood Stabilization Program's target area. The purpose of this grant is to eliminate dangerous and blighted conditions in an effort to stabilize the housing market. BUDGETARY IMPACT Cost of demolition is to be funded from the Neighborhood Stabilization Program. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITYAND 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. 4655 Buffalo 20. 1995 Ives 2. 3266 Case 21. 310 Jeanette 3. 2830 Concord Rd (Commercial Apts) 22. 360 Jeanette 4. 2365 Cousins 23. 422 Jeanette and Metal Shed 5. 1035 Delaware 24. 565 Jeanette and Shed 6. 1845 Delaware 25. 324 La Salle 7. 4292 Detroit Avenue 26, 2095 Leight 8. 1603 Earl 27. 2125 Leight 9. 1685 Earl 28. 150 Lethia and Shed 10. 4075 El Paso 29. 370 Lethia and Shed 11. 1040 Fairway and Shed 30. 2036 Linson 12. 450 E. Gill 31. 2567 Linson 13. 590 E. Gill and Garage 32. 2155 E. Lucas (Commercial) 14. 620 E. Gill and Shed 33. 1960 Magnolia Avenue 15. 1857 Grand and Shed 34. 1990 Magnolia Avenue (Commercial) 16. 2710 Grand 35. 2610 Magnolia Avenue (Commercial) 17. 3130 Grand and Carport 36. 3233 Magnolia Avenue (Garage Apt) 18. 1450 Interstate 10 (Commercial Aux Bld) 37. 3421 Magnolia Avenue 19. 1910 Ives ::::: 38. 175 Manning 39. 1635 Pauline and Shed 50. 2105 Renaud 40. 2330 Pierce 51. 260 E. Simmons 41. 4197 Pine (Duplex) 52. 270 E. Simmons 42. 180 Pollard and Carport/Shed 53. 1030 Steve Drive 43. 380 Pollard 54. 3295 Taliaferro 44. 2300 Pope 55. 2365 Taylor and Garage 45. 2033 Primrose 56. 2810 Virgil 46. 670 Prince 57. 2820 Virgil 47. 860 Prince 58. 3560 Youngstown 48. 3435 Quinn 59. 3760 Youngstown 49. 2180 Ratcliff 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, or otherwise unfit for 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. 4655 Buffalo 6, 1845 Delaware 2. 3266 Case 7. 4292 Detroit Avenue 3. 2830 Concord Rd (Commercial Apts) 8. 1603 Earl 4. 2365 Cousins 9. 1685 Earl 5. 1035 Delaware 10. 4075 El Paso 11. 1040 Fairway and Shed 36. 3233 Magnolia Avenue (Garage Apt) 12. 450 E. Gill 37. 3421 Magnolia Avenue 13. 590 E. Gill and Garage 38. 175 Manning 14, 620 E. Gill and Shed 39. 1635 Pauline and Shed 15. 1857 Grand and Shed 40. 2330 Pierce 16. 2710 Grand 41. 4197 Pine (Duplex) 17. 3130 Grand and Carport 42. 180 Pollard and Carport/Shed 18. 1450 Interstate 10 (Commercial Aux Bld) 43. 380 Pollard 19. 1910 Ives 44. 2300 Pope 20. 1995 Ives 45. 2033 Primrose 21. 310 Jeanette 46. 670 Prince 22. 360 Jeanette 47. 860 Prince 23. 422 Jeanette and Metal Shed 48. 3435 Quinn 24. 565 Jeanette and Shed 49. 2180 Ratcliff 25. 324 La Salle 50. 2105 Renaud 26. 2095 Leight 51. 260 E. Simmons 27. 2125 Leight 52. 270 E. Simmons 28. 150 Lethia and Shed 53. 1030 Steve Drive 29. 370 Lethia and Shed 54. 3295 Taliaferro F3233 . 2036 Linson 55. 2365 Taylor and Garage . 2567 Linson 56. 2810 Virgil . 2155 E. Lucas (Commercial) 57. 2820 Virgil 33. 1960 Magnolia Avenue 58. 3560 Youngstown 34. 1990 Magnolia Avenue (Commercial) 59. 3760 Youngstown 35. 2610 Magnolia Avenue (Commercial) 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 a 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 application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That any person who 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 26th day of January, 2010. - Mayor Becky Ames -