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HomeMy WebLinkAboutPACKET FEB 16 2010 RICH WITH OPPORTUNITY [I r , � T • E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 16, 2010 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Larue Smith would be appointed to the Library Commission. The term would commence February 16, 2010 and expire February 15, 2012. (Councilmember Jamie D. Smith) Gene Bush would be appointed as Chairman of the Parks and Recreation Advisory Committee. The term would commence February 16, 2010 and expire February 15, 2011. (Mayor Becky Ames) A) Approve a resolution supporting the Texas Open Meetings Act B) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Chambers County Health Department with all activities relating to public health emergency preparedness C) Authorize the City Manager to execute all documents necessary to accept funding for the Cardiovascular Health and Wellness Grant for the Beaumont Public Health Department D) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Orange County Health Department with all activities relating to public health emergency preparedness E) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Hardin County Health Department with all activities relating to public health emergency preparedness F) Approve a resolution authorizing the acquisition of property for the Concord Road Pavement Widening Project G) Authorize the granting of a Pipeline License Agreement to cross city right-of-way near the Beaumont Municipal Airport H) Authorize the acceptance of a water line easement to provide access for fire protection services at 1650 East Lucas I) Authorize acceptance of supplemental funding for the Southeast Texas Auto Theft Task Force A RICH WITH OPPORTUNITY 1117LA, � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorneo&---*, MEETING DATE: February 16, 2010 REQUESTED ACTION: Council to consider a resolution of support for the Texas Open Meetings Act. RECOMMENDATION Administration recommends the adoption of a resolution of support for the Texas Open Meetings Act. BACKGROUND There has been controversial litigation surrounding the current Texas Open Meetings Act. The resolution submitted for your consideration is one in support of the Texas Open Meetings Act. BUDGETARY IMPACT None. RESOLUTION WHEREAS, the Texas Open Meetings Act embodies our fundamental commitment to open and accessible government and our nation's founding principle that elected and appointed government officials work for the public good; and WHEREAS, the people have a right to know about their government, the officials they elect to represent them, the policies they implement on their behalf and the manner in which taxpayer money is spent; and WHEREAS, open meeting laws benefit public officials as well as citizens in general; and WHEREAS, the First Amendment was enacted in response to a young nation's demand for a guarantee of basic freedoms for its citizens; and WHEREAS, many of those states which have enacted an open meetings law have imposed criminal penalties for open meeting violations, including the possibility of imprisonment; and WHEREAS, the Texas Open Meetings Act imposes criminal penalties on public officials who knowingly participate in closed meetings not otherwise permitted under the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont supports the Texas Open Meetings Act as a means of promoting open government at all levels of government. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - B RICH WITH OPPORTUNITY [117CA,111�lcl T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: February 16, 2010 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Chambers County Health Department with all activities relating to public health emergency preparedness. RECOMMENDATION Administration recommends council approval. BACKGROUND The Local Public Health Emergency Preparedness Grant from the Department of State Health Services (D.S.H.S.) requires the Beaumont Public Health Department to provide the Chambers County Health Department with all activities relating to public health emergency preparedness services. The Department of State Health Services (D.S.H.S.) will provide the Beaumont Public Health Department grant funds for FY'10 in the amount of$110,285.00 to provide the services. BUDGETARY IMPACT None. There is not a match requirement. RICH WFTF OPPORTUNITY BERIMONW T • E • X A - $ City of Beaumont Public Health Department Epidemiology Division The City of Beaumont will provide Chambers County with all activities relating to public health emergency preparedness services. During the term of this agreement, the following performance measures in the FY'10 Public Health Emergency Preparedness Grant will include the following: 1. Increase the use and development of interventions known to prevent human illness from chemical, biological, radiological agents, and naturally occurring health threats. 2. Decrease the time needed to classify health events as terrorism or naturally occurring in partnership with other agencies. 3. Decrease the time needed to detect and report chemical, biological, radiological agents in tissue, food, or environmental samples that cause threats to the public's health. 4. Improve the timeliness and accuracy of information regarding threats to the public's health as reported by clinicians and through electronic early event detection in real time to those who need to know. 5. Decrease the time to identify causes, risk factors, and appropriate interventions for those affected by threats to the public's health. 6. Decrease the time needed to provide countermeasures and health guidance to those affected by threats to the public's health. 7. Decrease the time needed to restore health services and environmental safety to pre-event levels. 8. Increase the long-term follow-up provided to those affected by threats to the public's health. 9. Decrease the time needed to implement recommendations from after-action reports following threats to the public's health. 10. Increase community awareness regarding the HIN1 virus thru effective planning to identify target population, prevention, and conduct a full-scale vaccination campaign. 950 Washington Blvd. •Beaumont,TX 77704 (409)839-4208 or 1-866-815-0600-Fax(409)835-2545 The City of Beaumont will receive$ 110,285 from Department of State Health Services(DSHS)for these services that will be provided to Chambers County. The Beaumont Public Health Department will designate a liaison who will manage day to day activities on behalf of Chambers County. For the City of Beaumont For Chambers County City Manager County Judge Date Date 950 Washington Blvd. •Beaumont,TX 77704 (409)839-4208 or 1-866-815-0600•Fax(409)835-2545 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 all documents necessary for the Beaumont Public Health Department to continue to provide the Chambers County Health Department with all activities relating to public health emergency preparedness services through the Department of State Health Services Local Public Health Emergency Preparedness Grant in the amount of $110,285.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - c RICH WITH OPPORTUNITY r C ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: February 16, 2010 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary to accept funding for the Cardiovascular Health and Wellness Grant for the Beaumont Public Health Department. RECOMMENDATION Administration recommends council approval. BACKGROUND The Texas Department of State Health Services (DSHS)has awarded the Beaumont Public Health Department grant funds for the Cardiovascular Health and Wellness Grant in the amount of $20,000.00. This contract begins 02/01/2010 and ends on 08/31/2010. BUDGETARY IMPACT City would receive grant funding in the amount of$20,000.00. ,I CONTRACT NO. 2010-034668 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. 0000359654 CONTRACTOR: CITY OF BEAUMONT DSHS PROGRAM: Cardiovascular Health and Wellness Program TERM: 02/01/2010 THRU: 08/31/2010 SECTION I. STATEMENT OF WORK: Texas Cardiovascular Health and Wellness (CHW) Program shall contract with local city contractors. The Contractor shall develop or participate in a local public/private planning group to plan, implement, and evaluate evidence based stroke public education campaigns to increase knowledge of signs and symptoms of stroke and calling 911. • Contractor must address the Texas Plan to Reduce Cardiovascular Disease and Stroke 2008 Goals and Objectives related to stroke: Goal III which states: Texans will experience improved cardiovascular health and quality of life through the early detection and treatment of heart attack and stroke; and • Objective: Increase the proportion of adults who are aware of the early warning signs and symptoms of heart attack and stroke and the importance of calling 911. Contractor shall address criteria from the following Heart and Stroke Healthy City Indicators 1,6,9, and 10 and provide evidence that it is implementing criteria from these Indicators: • Indicator 1: Cardiovascular disease and stroke ongoing public information campaigns are provided in the community; • Indicator 6: A plan is in place to reduce disparities in Cardiovascular Disease, CVD, and stroke; • Indicator 9:Stroke is treated as a medical emergency in the community and appropriate acute stroke treatment protocols are in place; and • Indicator 10: Health sites in community promote primary and secondary prevention of CVD and Stroke. Contractor shall implement and evaluate at least one evidence-based signs and symptoms public education campaign from the Stroke Public Education Toolkit: • American Academy of Neurology, American College of Emergency Physician, American Stroke Association: Give Me Five; • American Stroke Association:Many Face Of Stroke or The Power to End Stroke; • National Institute of Health,National Institute of Neurological Disorders and Stroke: Know Stroke; • National Stroke Association: F.A.S.T- Face,Arms, Smile and Time; and PROGRAM ATTACHMENT—Page 1 ■ Massachusetts Health Promotion Clearing House: Stroke Heroes Act FAST Contractor shall comply with all applicable federal and state laws,rules,regulations,standards,and guidelines. All activities shall be performed in accordance with the following documents: • Texas Plan to Reduce Cardiovascular Disease and Stroke 2008; • Heart and Stroke Healthy City Recognition Program Toolkit; and • Stroke Public Education Toolkit. SECTION U. PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing services described in this Program Attachment,without waiving the enforceability of any of the other terms of the Contract. By August 31, 2010 Contractor shall: • Develop or involve a diverse community planning group to develop and implement local activities. Submit a roster of members and minutes of the group meetings. The minutes shall reflect that the group has met at least quarterly; includes representation from the local health department, Emergency Management System Regional Advisory Council, (EMS RAC), worksite(s),healthcare entities and the community; and has committed to assist in the implementation of the plan. The roster shall reflect the diversity of the community and populations at highest risk; • Obtain a letter of support/commitment from the EMS RAC; • Conduct or provide results from a recent(within the past year)Heart and Stroke Healthy City Recognition Program Assessment to determine the status of policy, system, and environmental supports within the community on stroke; • Develop a Community Stroke Signs and Symptoms Education Action Plan. The plan should implement criteria under the HSHC Program Indicators 1, 6, 9, and 10. The plan shall also address Goals 3-4 of the Texas Plan to Reduce Cardiovascular Disease and Stroke 2008. The Action Plan shall include SMART* (as shown below) objectives and detailed activities on how to achieve the objectives, as well as a specific objective to evaluate the implemented activities. The Action Plan should include objectives that will impact populations at highest risk for stroke and a timeline that demonstrates that all activities will be implemented and evaluated by the end of the program attachment term(August 31,2010)SMART Objectives are: • S- Specific(what will be done); • M- Measurable(notes a baseline and intended outcome in the objective); • A- Achievable(can be done in funding time period); • R- Realistic(is not overly ambitious in scope for funding and time allocations); and • T-Time-phased(notes a By When to be accomplished date); • Have begun implementation of at least one specific stroke signs and systems public education initiative in the community, using the Stroke Public Education Toolkit as a resource; and PROGRAM ATTACHMENT—Page 2 • Report quarterly on the activities to develop,implement, and evaluate the Action Plan, including a description of key elements leading to the successful implementation and evaluation of the Action Plan and barriers that arose during the project. Report due dates are as follows; • April 30, 2010; • July 30, 2010; and • September 30,2010 • Provide one presentation to the Texas Council on CVD and Stroke during their Fall 2010 quarterly meeting to update the Council on the progress of the project (date to be determined). SECTION III. SOLICITATION DOCUMENT: EXEMPT- Governmental Entity SECTION IV. RENEWALS: DSHS may renew the Program Attachment for up to one(1)additional one-year term at DSHS's sole discretion. SECTION V. PAYMENT METHOD: Cost Reimbursement SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required deliverables. The B-13 can be found at the following link http://www.dshs.state.tx.us/grants/forms.shtm. Vouchers and supporting documentation should be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing unit,MC1940 P.O.Box 149347 Austin,Texas 78714-9347 The fax number for submitting State of Texas Purchase Voucher(Form B-13)to the Claims Processing Unit is (512)458-7442. The email address is invoices @dshs.state.tx.us. SECTION VII. BUDGET SOURCE OF FUNDS: STATE PROGRAM ATTACHMENT—Page 3 SECTION VIII. SPECIAL PROVISIONS: General Provisions, Article XIH, General Terms, Section 13.15 Amendment, is amended to include the following: Contractor must submit all amendment and revisions request in writing to the Division Contract Management Unit at least 90 days prior to the end of the term of this Program Attachment. Contractor shall notify DSHS Executive Director of the Texas Council on CVD and Stroke of any changes in project in project staff or contact information within fourteen(14)calendar days of such change(s). PROGRAM ATTACHMENT—Page 4 2010-034668-001 Categorical Budget: PERSONNEL $2,195.00 FRINGE BENEFITS $1,251.00 TRAVEL $1,287.00 EQUIPMENT $2,609.00 SUPPLIES $10,658.00 CONTRACTUAL $0.00 OTHER $2,000.00 TOTAL DIRECT CHARGES $20,000.00 INDIRECT CHARGES $0.00 TOTAL $20,000.00 DSHS SHARE $20,000.00 CONTRACTOR SHARE $0.00 OTHER MATCH $0.00 Total reimbursements will not exceed $20,000.00 Financial status reports are due: 06/01/2010, 08/30/2010, 11/01/2010 Equipment List Attached. 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 all documents necessary to accept funding in the amount of $20,000 for the Cardiovascular Health and Wellness Grant awarded by the Texas Department of State Health Services to the Beaumont Public Health Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - D RICH WITH OPPORTUNITY 1117EA, T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: February 16, 2010 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Orange County Health Department with all activities relating to public health emergency preparedness. RECOMMENDATION Administration recommends council approval. BACKGROUND The Local Public Health Emergency Preparedness Grant from the Department of State Health Services(D.S.H.S.)requires the Beaumont Public Health Department to provide the Orange County Health Department with all activities relating to public health emergency preparedness services. The Department of State Health Services (D.S.H.S.) will provide the Beaumont Public Health Department grant funds for F)"10 in the amount of$10,000.00 to provide the services. BUDGETARYIMPACT None. There is not a match requirement. niric WtIn oTroaTVNITY BERIMONW T • E • X • A • $ City of Beaumont Public Health Department Epidemiology Division Memorandum of Understandin g Between City of Beaumont Public Health Department And Orange County Health Department The City of Beaumont will provide Orange County Health Department with advance epidemiological services. These services will focus on the surveillance and epidemiology capacity to enhance,design, and/or develop systems for rapid detection of unusual outbreaks of illness that may be the result of bio-terrorism, other outbreaks of infectious disease, and other public health threats and emergencies. During the term of this agreement, the epidemiologist will provide advanced surveillance to Orange County and assist Orange County in completing the performance measures listed in the FY'10 Department of State Health Services(DSHS)Local Public Health Emergency Preparedness Grant by: • Reviewing and maintaining a system to receive, evaluate and communicate urgent disease reporting 24hours/7days per week once investigated by Orange County. • Communicating with the Laboratory Response Network (LRN) for receiving designated specimens. • Provide epidemiological assistance to Orange County Health Department for tabletop exercises and field drills that focus on the possible release of biological or chemical agents, or other public health emergencies. • Providing a monthly report of reportable conditions on behalf of Orange County. • Provide technical/scientific assistance with contact investigation. Also, • Orange County Health Department will designate one contact person who will manage day to day activities on its behalf in this matter. • Provide follow-up as instructed by the epidemiologist. 950 Washington Blvd. •Beaumont,TX 77704 (409)839-4208 or 1-866-815-0600-Fax(409)835-2545 • Designate a person to receive the National Electronic Disease Surveillance System (NEDSS) training. • Enter confirmations of infectious diseases into the NEDSS system. • The Beaumont Public Health Department will receive an amount of$10,000.00 from DSHS for the above services from Orange County's original budgeted amount. • Any concerns about the activities of this mutual aid agreement will be addressed to the director of the Beaumont Public Health Department. For the City of Beaumont: For Orange County Health Department: Kyle Hayes Orange County Health Department City Manager Director Date Date 950 Washington Blvd. •Beaumont,TX 77704 (409)839-4208 or 1-866-815-0600•Fax(409)835-2545 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 all documents necessary for the Beaumont Public Health Department to continue to provide the Orange County Health Department with all activities relating to public health emergency preparedness services through the Department of State Health Services Local Public Health Emergency Preparedness Grant in the amount of $10,000.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - E RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: February 16, 2010 REQUESTED ACTION: Council consider authorizing City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Hardin County Health Department with all activities relating to public health emergency preparedness. RECOMMENDATION Administration recommends council approval. BACKGROUND The Local Public Health Emergency Preparedness Grant from the Department of State Health Services(D.S.H.S.)requires the Beaumont Public Health Department to provide the Hardin County Health Department with all activities relating to public health emergency preparedness services. The Department of State Health Services (D.S.H.S.) will provide the Beaumont Public Health Department grant funds for FY'10 in the amount of$4,000.00 to provide the services. BUDGETARY IMPACT None. There is not a match requirement. RICIT WFTIJ orPonTUNUTY BEAIMON* T - E X * A • $ City of Beaumont Public Health Department Epidemiology Division Memorandum of Understanding Between City of Beaumont Public Health Department and Hardin County Health Department During the term of the Public Health Emergency Preparedness FY'10 Grant, the City of Beaumont Public Health Department will provide the following services to the Hardin County Health Department: • Provide a 24/7 response system by providing advanced epidemiological evaluation of infectious/biological reports once investigated by Hardin County. • Provide technical/scientific assistance with contact investigation. • Communicate with the Laboratory Response Network(LRN)for receiving designated specimens. • Conduct planning meetings as needed with the Public Health Preparedness Staff. • Provide a monthly report of reportable conditions on behalf of Hardin County. During the term of the Public Health Emergency Preparedness FY'10 Grant, the Hardin County Health Department will: • Provide follow-up as instructed by the epidemiologist. • Designate a contact person who will manage the day-to-day activities on its behalf regarding the Public Health Emergency Preparedness FY'10 Grant. • Attend planning meetings as scheduled. • Designate a person to receive the National Electronic Disease Surveillance System (NEDSS) Training. • Enter confirmations of infectious diseases into the NEDDS system. 950 Washington Blvd. -Beaumont,TX 77704 (409)839-4208 or 1-866-815-0600-Fax(409)835-2545 • The Beaumont Public Health Department will receive $4,000.00 for the above services from Hardin County's original budgeted amount. • Any concerns about the activities of this mutual aid agreement will be addressed to the director of the Beaumont Public Health Department. For the City of Beaumont: For Hardin County: Kyle Hayes County Judge City Manager Date Date 950 Washington Blvd. •Beaumont,TX 77704 (409)839-4208 or 1-866-815-0600 -Fax(409)835-2545 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 all documents necessary for the Beaumont Public Health Department to continue to provide the Hardin County Health Department with all activities relating to public health emergency preparedness services through the Department of State Health Services Local Public Health Emergency Preparedness Grant in the amount of $4,000.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY [I Ic'm A,11 1�1 U1 I T 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: February 16, 2010 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-seven (67) parcels of land from East Lucas to Highway 105 are being acquired. The owners of the property listed below, have agreed to convey their property to the City: Parcel #25 0.0501 acre out of City Plat D-22, Tract 5, Frederic Bigner Survey (5410 Concord Road) Value: $4,800.00 Owners: James Trahan and Maria Trahan BUDGETARYIMPACT Funds are available in the Capital Program. engtrahan-ib.wpd 5 February 2010 i RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the Concord Road Pavement Widening Project: Parcel #25 0.0501 acre out of City Plat D-22, Tract 5, Frederic Bigner Survey (5410 Concord Road) Value: $4,800.00 Owners: James Trahan and Maria Trahan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the above described property be, and the same is, hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - February 2009 Parcel 25 Page 1 of 4 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 25 Being a 0.0501 acre (2183 square feet) of land, situated in the F. Bigner Survey, Abstract No. 1 , out of and part of a 1.063 acre tract of land having been conveyed to James Trahan & Maria Trahan from CYRA Holdings Inc. by deed dated April 10, 2006, and being recorded under Clerk's File No. 2006014212 of the Real Property records of Jefferson County, Texas, said 0.0501 acre of land being more particularly described as follows; COMMENCING at an 4" iron tube with cap found for the most Northeasterly corner of the said Trahan tract, said corner being in the most Southeasterly corner of Lot 7, Block 1 and the most Southwesterly corner of Lot 8, Block 1, of Hawthorn Place Addition, Unit One, as recorded in Volume 7, page 165, of the Map Records of Jefferson County, Texas; THENCE, SOUTH 03°08'14" EAST along the boundary line between the said Trahan tract and that certain 1.09 acre tract of land having been conveyed to Willian Ehrensberger and wife, Mary Louise Ehrensberger from J. H. Stauts and wife, Clara A. Stauts by deed dated April 1, 1941, and being recorded under Volume 491 page 304 of the Deed records of Jefferson County, Texas for a distance of 421.01 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road, said point being the POINT OF BEGINNING of the parcel herein described; 1) THENCE, SOUTH 03°08'14" EAST, continuing along the boundary between the said Trahan tract and the said Ehrensberger tract for a distance of 13.59 feet to a point for corner in the existing Northeasterly right-of-way of Concord Road, from said corner an axle found bears NO3°08'14"W 0.66', and said corner being the most Southeasterly corner of the said Trahan tract and being the Southwesterly corner of the said Ehrensberger tract; 2) THENCE, NORTH 54°33'44" WEST, along the existing Northeasterly right-of-way of Concord Road for a distance of 205.56 to a point for corner, said corner being the most Westerly corner of the said Trahan tract and being the Southeasterly corner of of a tract, being known as Tract 6, having been conveyed to The Tucker Family Limited Partnership from Martha L. Tucker by deed dated September 3, 1993, and being recorded under Film Code No. 105-03-0899 of the Official Public Records of Jefferson County, Texas; EXHIBIT "A" February 2009 Parcel 25 Page 2 of 4 EXHIBIT 3) THENCE, NORTH 12 012'06" EAST, along the boundary line between the said Trahan tract and the said Tucker Family Limited Partnership for a distance of 11.77 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeasterly right-of-way line of Concord Road; 4) THENCE, SOUTH 54°30'26" EAST, along the proposed Northeasterly right-of-way line of Concord Road for a distance of 201 .73 feet to the POINT OF BEGINNING and containing 0.0501 acre (2183 square feet) of land. A parcel plat of even date accompanies this property description. I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of Texas, do hereby certify that the above field notes correctly reflect an actual survey made under my supervision and the limits, boundaries and corners are truly shown just as found at the time of the survey. Surveyed February 2009 GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF FEBRUARY 2009. Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/B" I. R. WITH CAP STAMPED " CITY OF BEAUMONT ROW MONUMENT" TXDOT CONTROL MONUMENT xz PARCEL NUMBER P.O.0 PARCEL 25 FND. 4" 1. TUBE O FND PROPERTY CORNER AS NOTED POWER POLE PROPOSED ROW LINE EXISTING ROW LINE PROPERTY LINE SURVEY LINE TRACT 6 COUNTY LINE THE TUCKER FAMILY CALLED 1.09 ACRES LIMITED PARTNERSHIP SEPTEMBER 3 1993 WILLIAM EHRENSBERGER of ux APRIL 1, 1941 FC. N0. —0899 VOL. 491 PG. 304 OPRJC PRJC CALLED 1.063 ACRES DRJC JAMES TRAHAN & MARIA TRAHAN PRIL CFA NO. 26b6000212 OPRJC 25 P.0.B. PARCEL 25 CONCORD ROAD PARENT TRACT N.T.S. NOTES: EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT. ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A COMBINED ADJUSTMENT FACTOR OF . BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED FEBRUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. ;� „� •.:w.�ia�ii, _ - _;;;: ° EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES y PARCEL 25, > �ti�c 1. 063 00501/(2183) 1. 0129 MARK W. WHITELEY '= 'V" AND ASSOCIATES INCORPORATED PARCEL PLAT y CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 25 r CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 325D EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 777 03 409-892-0421 (FAX) 409-892-1346 EXHIBIT `B"-"ALE = 50 FEBRUARY 2009 SHEET 3 OF 4 LOT 8,Z P.O.C. PAR. 25 FIND 4" !RON LOT 7 o TUBE � g p �a CALLED 1 .063 ACRES CALLED ACRES WILLIAM EHRENSBERGERet ux ° JAMES TRAHAN & APRIL 1 , 1941 MARIA TRAHAN TRACT 6 VOL. 491 PG. 304 THE TUCKER FAMILY APRIL 10, 014 DRJC LIMITED PARTNERSHIP CF. N0. 2006014212 SEPTEMBER 3, 1993 OPRJC � FC. NO. OPRJC 05-03-0899 169+06.25 �40.00RT 25 P.O.B. PAR. 25 167+04.52 40.00RT PROPOSED RIGHT OF WAY S54'30'26"E 201.73' --EXISTING RIGHT OF WAY -- - --- 1 � �-----------�,r -- \ --- ------N54'33'44"W 205.56 FND AXLE BEARS - - 70+00-- _ -(N51°23'00"W 204.00')-------- NO3'08'1 4"W 0.66' N54°30'26T`W 1552 .99' PROPOSED BASELINE � - --- -- - LINE - BEARING DISTANCE PARCEL PLAT L1 SG3'08'141 73.59' SHOWING L2 N12-72'06"E -- 77.77' PARCEL 25 CONCORD ROAD JEFFERSON COUNTY EXHIBIT ,, ,, SCALE 1 " = 50' FEBRUARY 2009 SHEET 4 OF 4 G 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: February 16, 2010 REQUESTED ACTION: Council consider authorizing the granting of a Pipeline License Agreement to cross city right-of-way. RECOMMENDATION The Administration recommends authorization to grant a Pipeline License Agreement to cross Phelan Boulevard (Old Sour Lake Road) right-of-way near the Beaumont Municipal Airport. BACKGROUND Cimarex Energy Co. has requested permission to install a 6 inch pipeline in a 10 inch casing pipe across Phelan Boulevard (Old Sour Lake Road) right-of-way [approximately 574 feet west of its intersection with Keith Road]. The pipeline is for the purpose of transporting oil, gas, water or their refined products from Cimarex's well at Beaumont Municipal Airport and will be constructed in accordance with City requirements. BUDGETARYIMPACT There is a one-time fee of$500 for the Pipeline License Agreement and an annual fee of$2.25 per linear foot of pipeline. eng6marex_airsl-ib 5 February 2010 CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: CIMAREX ENERGY CO. Business Phone: (918) 585-1100 Business Address: 15 EAST 5TH STREET TULSA, OK 74103 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein six hundred sixty-six dollars and 00/100 dollars ($666.00) hereby grants to CIMAREX ENERGY CO. hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit"A"attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) BEAUMONT MUNICIPAL AIRPORT ROW 296 Ft(airport row& Phelan Rd crossing) AND ROAD CROSSINGS(WATER/UTILITIES) for the installation of one 6" pipeline in a 10" ACROSS PHELAN RD casing pipe. i 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). GENERAL CONDITIONS: ° Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 ° The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. ° Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. ° Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. ° Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. ° Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 i Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. ° Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. ° Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. ° A map showing the location of the proposed pipeline shall be provided. (1 11=2,000' City of Beaumont map or United States Geological Survey Map) ° The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. ° The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. Permits which allow lines to be maintained or constructed in City right- of-way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) ° Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: ° Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: ° Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident ° Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of$1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. ° Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's 5 performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. ° Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by 6 City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street , alley, easement or other right-of-way. NOTIFICATION/INSPECTION: Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. ° Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty- four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. ° Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: CIMAREX ENERGY CO. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 15 EAST 5TH STREET Attn: City Manager City and State of Licensee: TULSA, OK 74103 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT,TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) CIMAREX ENERGY CO. Re*b G /D�'1 ��DQUG7?a� /�tQ�lclgR� Title ATTEST• By: Secretary \pipelines\\pipeIine_l ice nse_agree 9 Revised 12-14-2007 I MANION TRACT NLO N 94*2348 4637" II I . ' . MOBILE PIPELINE MOBILE PIPELINE BEAUMONT AIRS P _-- _ 89' OLD SOUR LAKE RO SUNOCO PIPELINE LAT:30'04'35.5464" ( LON.94'12'48.4549" I• ❑ END OF PROPOSED X-ING I�1 ❑ I II ❑ I IAT..JO'04'34.9451 J'4-P. /I PIPELINEI Srr�N I LON:94'12'48.4374" I HO U Y BEGIN OF PROPOSED X-INGI SUBOMSION UNRECORDED AP. f4 PIPELINE I �5��CPI,No, 33 TRACTS 5 d 6 �� I IPIPELINE a I JA.P. /2 • N 04'W UNION PACIFIC RAILROAD �II x-x-x-x-X-x-x II---x-%-x-x-x-x-x- LANDOWNER FOOTAGES FOOTAGES I{ BEAUMONT MUNICIPAL AIRPORT 235• BEAUMONT MUNICIPAL AIRPORT tl�� ,I I UNION PACIFIC RAILROAD 140' �l I. SOUR LAKE ROAD 61' UNRECORDED SUBDIVISION TR.5&6 228' LAT30'04'28.9804": I I TOTAL Io00TAGE 436' 258'' LON94'12'48.3004" COMBINED TOTAL FOOTAGE 694 PLAN , " P.O.B. SCALE: 1" = 100' 2 O U O O O k O O O O O O k ? k 0 m O O O O p , 2 2 2 Q:� O o,o oOo o,o ri a U U U U $ 8 $ 40 40 —1 I 30 20 30 I 20 l -I—j m I1 PROPOSED 6" PIPELINE WITH A 10" CASING C/MAREX NOTE: ELEVATIONS SHOWN HEREON PROFILE ARE 845ED UPON THE NORTH AMERICAN VFRTIC4L d1TUM UM OF 1988 OERAIED FROM CPS PROFILE SHOWING PROPOSED BEAUMONT AIRS ,41 OBSERVATIONS UTILIZING A X-ING OLD SOUR LAKE ROAD GEOID 2007 GEOIa4L MODEL. SCALE: HOR. 1" = 50' APPROXIMATELY 574 FEET WEST LINK FIELD SERVICES VERT. 1" = 10 OF ITS' IN THE A. HOUSTONTSURVEY ROAD INCORPORATED ABSTRACT-33 831 HOOD ROAD IN JEFFERSON COUNTY, TEXAS MINERAL WELLS, TX 76067 800-462-7199 DRAWN:JILT r�awAncxx« � JANUARY 08, 2010 NMOBILE PIPELINE MOBILE PIPELINE E LA T.•30'04'35.5464 J.A.P. /15 PIPELINE LON:94'12'48.4549" (is To A. S UR�y O 33 o OLD SOUR LAKE RD —————— A'os-- "' ---------------- SUNOCO PIPELINE X X X X w LAT.•30'04'34.9451" LON:94'12'48.4374" PLAN SCALE: 1" =20' ti W 2 i i J O O U = W Z W Z U W ~ O W W U W O O h 16 40 ' oN w"' ��' ��' hN ��' 40 T 0w 04 0W + d od 30 30 FO'YW 20 L 20 PROMSED PAP&MW ELEVATIONS SHOWN HEREON PR 0 FI L E PROFILE SHO�'PRJEFFERSON AIRPLANE No>Em UPON THE NORTH PROPOSED fLOWUNE 5 DeSOMAnoNS URUZING A Y GEOID 2OR3 GEOIDAL MODEL X-ING OLD LAKE SCALE: HOR. 1" = 20' APPROXIMATELY SOUR FEET ROAD LINK FIELD SERVICES VERT. 1" = 10' OF ITS INERSECT70N WITH KEITH ROAD INCORPORATED IN THE A. HOUSTON SURVEY 831 HOOD ROAD ABSTRACT-33 MINERAL WELLS, TX 76067 IN JEFFERSON COUNTY, TEXAS 800-462-7199 DRAWN:JLT JANUARY 08, 2010 r\ceuxz\.Fisn+sw uwn.N[\:'�msax ww�.ux vnnaap 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 grant a Pipeline License Agreement to Cimarex Energy Co. to install a six inch (6") pipeline in a ten inch (10") casing pipe across Phelan Boulevard (Old Sour Lake road) right-of-way, approximately 574 feet west of its intersection with Keith Road, for the purpose of transporting oil, gas, water or related refined products. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - H RICH WITH OPPORTUNITY r T . E . x . A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager x1j. PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: February 16, 2010 REQUESTED ACTION: Council consider authorizing the acceptance of a water line easement. RECOMMENDATION The Administration recommends acceptance of a water line easement to provide access for fire protection services at 1650 East Lucas. BACKGROUND Stone Way II, L. P. has agreed to convey a water line easement to the City of Beaumont. The Water Line Easement [out of City Plat D-28, Tract 23, H. Williams Survey], will provide will provide mandatory access for fire protection services for property located at 1650 East Lucas [Stone Hearst Seniors], and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARYIMPACT None. \engstonehearst-ib 5 February 2010 RESOLUTION NO. WHEREAS, Stone Way II, L.P., has offered to convey a ten foot (10') wide water line easement, being 0.16 acre out of City Plat D-28, Tract 23, H. Williams Survey, as described in Exhibit"A" and shown on Exhibit"B" attached hereto, to the City of Beaumont for the purpose of providing mandatory access for fire protection services to 1650 East Lucas and allowing for the construction, alteration, operation and maintenance of the said water line and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Stone Way Il, L.P., as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby accepted for the purposes stated. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - FAUST Engineering and Surveying, Inc. PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409) 813-34 1 O E-MAIL ADDRESS INFO @FAUSTENG.COM FAX (409)813-3484 2525 CALDER STREET BEAUMONT,TEXAS 77702 EXIIIBIT A FIELD NOTE DESCRIPTION FORA 0.16 ACRE 10 FOOT WIDE EXCLUSIVE WATERLINE EASEMENT OUT OF THE H. WILLIAMS, JR., ABSTRACT NO.57 BEA UMONT, JEFFERSON COUNTY, TEXAS December 29, 2009 That certain 0.16 acre tract being a 10 foot wide strip of land situated in the H. Williams, Jr., Abstract No. 57, Jefferson County, Texas and being out of a called 7.58 acre tract as conveyed to Stoneway II Limited Partnership and described in Cleric's File No. 2008042859 of the Jefferson County Real Property Records; said 0.16 acre tract of land being more particularly described by metes and bounds as follows: Note: The reference bearing used for the basis of bearing in this description is the north line of the 7.58 acre tract (North 77°27'00" East). BEGINNING at a 5/8" iron rod found at the northeast corner of a called 15.453 acre tract conveyed to Stoneway Limited Partnership and described in Clerk's File No. 2004036326 of the Jefferson County Real Property Records; said iron rod being an interior corner on the south line of said 7.58 tract; THENCE North 89°25'06" West (called North 89°40'33" West) along the north line of said 15.453 acre tract and the south line of said 7.58 acre tract, a distance of 10.00 feet to a set ''/z" iron rod; THENCE North 00°22'32" West, a distance of 48.02 feet to a set ''/2" iron rod; THENCE North 45°31'54" East, a distance of 14.77 feet to a set '/z" iron rod; THENCE South 89°37'54" East, a distance of 100.54 feet to a set ''/z" iron rod; Page 1 of 2 EXHIBIT B site Note' The reference bearing used 4 for (he basis Of bearing is the CALLED 7.58 ACRES 8 1 north line of th 7 N e 58 acre tract o (North 7727"00"Ecst). STONE WAY II LIMITED PARTNERSHIP 2 CLERK'S FILE NO# 2008042859 JCRPR \ EAR' 0 o SCACE 1"= 60' n 0.16 Acres LB S 8937 54° E d- NITY MAP o VACI T n 100.54" J� _ / S 89 J754 E 460.?1 N S. _ J _ - - - - _ _ _ _ - - - - - _ — _ - - - - _ - - _ - - - - — - - L70 f%�12 N 59:3754"' by 579.74' — — — — — — _ L 17 L2 I L 13 PROPOSED 70' WDE WA TERL IAIE EASEMENT PROPERTY'uvE I N 89'25'06" W PO/NT OF EEG INNING (CALLED N 89'40"33"W) L 1 RONNR0e N 00.22'32" W 49.36' (CALLED N 0021108" W 49.37) CALLED 15.453 ACRES STONE WAY LIMITED PARTNERSHIP PROPERTY LINE CLERK'S FILE NC#2CC4C36326 FOUND 518"" N 89'37'49"W JCRPR IRON ROD (CALLED N 8937'07" W) ARTHUR L. VAN DORN REMAINDER OF A 47.729 ACRE TRACT "RFAITUIST VOL. 1971 PG. 187,D.R.J.0 LINE TABLE NE BEARING LENGTH N 89'2506 w o00 A RIC L2 N 5'31'00-2232 48.02 10 FOOT WIDE REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782 L3 N 45'31'54 E 14.77' L4 N 00'22'06" E 25.46' EXCLUSIVE WATERLINE EASEMENT PREPARED BY: LS 5 89'37'54" E to.ao' OUT OF Date: 12/29/09 L6 5 00'22.06" W AA OF �� L7 N 00'2206" E 27 7 30.30' Le S 69'37'54" E 10 00' 7.58 ACRE TRACT �P�G�S r F9 Yy Ls s 00 22 06 w z7.3o' OUT OF THE .co:2 ...................................... LID s 8937'54" E 3.21 HEZEKIAH WILLIAMS, JR. SURVEY RICHARD F.FAUST Lt t S 00'22'06 W 10.00' ......................................... U2 S 45'31'54" W 6.41' ABSTRACT N0.57 ENGINEERING AND SURVEYING,INC. 9 9�F4782 2525 CAL6ER STREET BEAUHCNT,T,XAS 7%2 L13 S 00'22'32" E 43.96' BEAUMONT, JEFFERSON COUNTY, TEXAS oe>873-3'1a FAx<409)813-3 46e 090639 1 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin Jr., Chief of Police MEETING DATE: February 16, 2010 REQUESTED ACTION: Council consider authorizing acceptance of supplemental funding for the Southeast Texas Auto Theft Task Force. RECOMMENDATION Administration recommends approval of acceptance of supplemental funding for the Southeast Texas Auto Theft Task Force. BACKGROUND The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of seven personnel from the Beaumont Police Department, and one each from the Jefferson County Sheriff's Office, Pt. Arthur Police Department and Hardin County Sheriff s Office. Since the inception of the Task Force, motor vehicle thefts have decreased in Beaumont by 81.6% from 1721 in 1992 to 317 in 2008. The Task Force currently covers Jefferson, Orange, Hardin, and Jasper Counties. The Task Force focuses efforts in two areas: investigations, which target automobile related crimes, and public awareness, which uses media campaigns, training and public presentations to promote prevention techniques and community awareness. The City of Beaumont has been the grantee of the Southeast Texas Auto Theft Task Force since 1993. The Task Force is presently operating on $ 559,240 funded by the Texas Automobile Burglary and Theft Prevention Authority(ABTPA). Participating agencies are also providing $ 183,160 in cash match, and $ 324,707 in "in-kind" match. As a result of Title 43, Chapter 57 of the Texas Administrative Code the Texas Automobile Burglary and Theft Prevention Authority solicited applications for supplemental grants to be awarded for projects under the Automobile Burglary and Theft Prevention Authority Fund. The grant cycle for the supplement funds is five months and will begin April 1, 2010 and end August 31, 2010. The solicitations were made to all current ABTPA grantees. The ABTPA supplemental award to the Southeast Texas Auto Theft Task Force for FY2010 is intended to impact Detection/Apprehension Projects and Public Awareness and Crime Prevention/Education/Information Projects . BUDGETARYIMPACT The supplemental award requested is in the amount of$ 60,210 and will provide for the purchase of replacement equipment (three vehicles with high milage), and advertising for public awareness. There will be $15,000 cash match which will come from the Task Force Program Income Account. AT'I'LICATION FOR STATI-�,ASS I STAN CI; AUT0.N,1013ILE BURGLARyr& TH El 1',141 14A ENITIO'N AU77-10RITY(ABTPA) 1. For ABTPA Use Only 3.a. __,ate i5mi'Aed b.Applicant Identifier 2. State Program Classification(For ABTPA Use OnI,r) 4. a. D<Ae R 3ceiv cc: t y Star o b. State Application Identifier 5.Applicant Information a. Legal Name: City of Beaumont c.OrganizeJ Unit: Beaumont Police Department b. Address(give street or P.O.Box, City, County,Stiitiu, and Zip Code) d. Name and telephone number of person to be contacted on matters P.O. BOX 3827 involving this application (give area code) Beaumont, Jefferson County, Texas 77704 Lt. Karen Frornan (409) 842-6341 Ext. 22 6. State Payee Identification Number: 7.Type of A pplicant(enter the appropriate letter in box) 174000278900 [C-1 A. Slate H. Independent School District B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstata L. Individual F. Intermunicipal M. Nonprofit Organization G. Special District N. Other(specify): 8.Type of Application: 9. Name of Grantor Agency: F1 New Continuation Revision Texas Automobile Burglary &Theft Prevention Authority 4000 Jackson Avenue If Revision,check appropriate box(es). Austin, Texas 78731 F1 Increase ❑Award F-I Decrease Award Other (specify) Phone: (512)374-5101 Fax: (512) 374-5110 'Nebsite: www.txwatchyourcar.com 1-1 Increase Duration Fl Decrease Duration 10.Title of Project: 11.Areas of Project Activities (Cities,Counties,States,etc.) Jefferson, Hardin, Orange, Jasper Counties and all Southeast Texas Auto Theft Task Force municipalities therein. 12. Proposed Project 13. Is application subject to review by state executive order 12372 process? Start Date: April 1, 2010 YES,this application was made a✓ailable to the Texas Review and Comment System (TRACS) Ending Date: August 31, 2010 for review on Date 14. Funding Summary: [x] NO. F Program is not covered by E.O. 12372 Total of a, b,&c must agree with d. Note: Please enter whole dollars for the amounts requested. a.Total State Grant Funds $60,210 1-1 Program has not been selected by state for review Requested (ABTPA) 15. Is the applicant delinquent on any federal debt? b. Cash Match $15,000 1 1 YES If"Yes"attach an explanation NO c. In-Kind Match $0 d.TOTAL(s) $75,210 16.To the best of my knowledge and belief,all data in this application is t-ue and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a.Typed name of Authorized Official b.Title c.Telephone Number Kyle Hayes City Manager (409) 880-3708 d. Signature of Authorized Official e. Date Signed A13TIPA A-W IUVIUIJILL DUHULAHY & I HEFT PREVENTION AUTHORITY 'ET SI.IWARY 131�-IIDG Section A—Elucl,get Summary S BLICIC;4!)t Gate(.ones (3) 1 C (4) r, h e e ABT�A cash Match In-Kind Total d Funds U IV11atch I e 1 A- Personnel (Salaries) $0 $0 , $0 $0 $01 2 A Personnel (Fringe Benefits) $0 1 $0 $0 3 B Contractual $0 $0 $0 $0 Travel $,0 1 $0 $0 $0 5 D Equipment $515,710 E: .;,000 $0 $71,710 6 E Supplies 8, Direct Operating Exp. $3,500 $10 $0 $3,500 7 Total Direct Charges pim of 1 $60,210 slEi'0010 $0 $75,210 8 F Indirect Costs $0 91 $0 $0 9 TOTALS (Sum of-7-8 , - 1500$60210 T , , $0 $75,210 Section 13—Caish and/or In-Kind Match Enter separitely each source of matching fund.,;,) and the amounts. Total Match must agree With Line 91, Ciolt,irnn 2 above and the total of lines 14 (b) and (c) on ABTPA-1. CASH Trcrml- $0 Source Amount Source AmOLJInt City of Beaumont $0 Hardin County $ 0 City of Port Arthur Jefferson County PROGRAM INCOME (To be Utilized.) IF(:)7r:A:L :$ 1:=5,00=0 Total Program Income (available) $58,274 IINI-KIND (Total must agree with XkBTPA,-1, 1-ine 14c.) TOTAL $ 0 Schedule Amount Schedule - ,Amount A D B $0 E C: $0 TOTAL MATCH $15,000 ABTPA AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY SCHEDULE A PERSONNEL 1. Direct Salaries (1) (2) (3) (4) Title or Position % of ABTPA Cash In-Kind TOTAL 3 Salary 2 Funds Match (A) BPD LT— Project Director (B) BPD SGT — Supervisor (C) BPD Inv./ Crime Prevention (D) BPD Inv./ Inspections (E) BPD Investigator (F) BPD Investigator (G) BPD Investigator (H) PAPD Investigator (1) Jefferson County Investigator (J) Hardin County Investigator (K) Overtime TOTAL Direct Salaries $ 0 $ 0 $ 0 $ 0 $0 2. Fringe Benefits % or $ Rate Different% rates FICA for each agency Different% rates Retirement for each agency Different% rates Insurance for each agency Different% rates Other - Workers' Compensation for each agency Different% rates TEC — Unemployment for each agency Terminating pay (percentage of salary set •005 x base pay aside to fund severance payment upon termination) minus incentives of line item(H) TOTAL Fringe Benefits $ 0 $ 0 $ 0 $0 $0 TOTAL PERSONNEL BUDGET $ 0 $ 0 $ 0 $0 $0 ABTPA AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY SCHEDULE B PROFESSIONAL AND CONTRACTUAL SERVICES (1) (2) (3) (4) Description of Service ABTPA Cash In-Kind TOTAL Funds Match Match (A) (B) (C) (D) (E) (F) (G) (H) (1) TOTAL PROFESSIONAL AND $0 $0 $0 $0 CONTRACTUAL SERVICES ABTPA AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY SICHIE DULE:: C TRAVEL 1. Local Travel (1) (2) (3) (4) Title or Position Miles Traveled A13TP,A Cash In-Kind TOTAL Annually/$Rate Fund::; Match Match (A) (B) LOCAL TRAVEL $ 0 $ 0 $ 0 $ 0 TOTAL 2. In-State Travel Specify clea.irl f and use continuation pages if necessary) Purpose Destination ATP !► Cash In-Kind TOTAL Funds Match Match IN-STATE TRA\JEL $; 0 $ 0 $ 0 $ 0 TOTAL 3. Out-of-State Travel (Specify clearly and use-continua ion pages if necessar Purpose Destination AE3TPA Cash In-Kind TOTAL Funds Match Match OUT-OF-STATE TRAVEL TOTAL TOTAL TRAVEL IIBUDGET $ 0 $ 0 $ 0 $_0_ ABTPA AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY SCHEDULE D EQUIPMENT PURCHASES (1) (2) (3) (4) Equipment Name or Description and ABTPA Cash In-Kind TOTAL Quantity Funds Match Match (Do Not List Brand Names) (A) vehicle —full size crew cab truck, $20,568 $5,000 $0 $15,568 (B) vehicle- Full Size SUV, 4 door $ 25,571 $ 5,000 $0 $20,571 (C) vehicle- Full Size SUV , 4 door $ 25,571 $ 5,000 $0 $20,571 (D $ $ (E) $ $ (F) $ $ (G) $ $ (H) $ $ (1) $ $ (J) $ $ (K) $ $ (L) (M) (N) (0) (P) (Q) TOTAL EQUIPMENT PURCHASES $71,710 $15,000 $0 $56,710 ABTPA AUTOMOBILE BURGLARY & THEFT PREVENTION /AUTHORITY SCHEDULE D NARRATIVE REQUIRED NARRATIVE: Briefly describe the use of equipment and the cost of each line item. (A) Task Force Vehicle —full size crew cab truck, Cost: $ 20,568 One full size extended cab truck will be driven by a Task Force officer for surveillance and investigative purposes within the project area. The vehicle will also be driven out of town for approved investigations, ABTPA events and approved training. As part of our vehicle rotation, this vehicle will replace a 2006 Ford, with approximately 86,000 miles, which will be sold at auction for program income. The $ 5,000 cash match on this new vehicle will be paid with program income funds - significantly deferring the cost of this new unit, and reducing our overall monthly cost to operate vehicles. We are only requesting $15,268 in ATPA funds to pay for this vehicle. Cost based on current State of Texas Term Contract (B) Task Force Vehicle — full size four door vehicle Cost: $ 25,571 One full size four door SUV vehicle will be driven by a Task Force officer for surveillance and investigative purposes within the project area. The vehicle will house the grant funded License Plate Recognition System. The vehicle will also be driven out of town for approved investigations, ABTPA events and approved training. As part of our vehicle rotation, this vehicle will replace a 2003 Ford F150, with approximately 93,000 miles. The 2003 vehicle, furnished by the City of Beaumont, will be placed in our bait vehicle program and used as a surveillance vehicle and a bait vehicle for auto burglaries. The $ 5,000 cash match on this new vehicle will be paid with program income funds - significantly deferring the cost of this new unit, and reducing our overall monthly cost to operate vehicles. We are only requesting $20,571 in ATPA funds to pay for this vehicle. Cost based on current State of Texas Term Contract (C) Task Force Vehicle — full size four door vehicle Cost: $25,571 One full size four door SUV vehicle will be driven by a Task Force officer for surveillance and investigative purposes within the project area. The vehicle will also be driven out of town for approved investigations, ABTPA events and approved training. As part of our vehicle rotation, this vehicle will replace a 2006 Ford Expedition, with approximately 83,000 miles, which will be sold at auction for program income. The $ 5,000 cash match on this new vehicle will be paid with program income funds - significantly deferring the cost of this new unit, and reducing our overall monthly cost to operate vehicles. We are only requesting $20,571 in ATPA funds to pay for this vehicle. Cost based on current State of Texas Term Contract ABTPA )KU I uivlt_ LAMY � I N?=t-I rHtVt[Nl I 1UN AU IHLJK1I Y S C H E:1)IJ I E E SUPPLIES AND DIRECT OPERATING)i EXPENSr..::S 0) (2) (3) (4) Directly Charged 1,S)upplies and ABTPA Cash In••Kind TOTAL Other Operating Expenses Funds Match Match (A) Public Awareness Advertising $3,500 $0 $0 $3,500 (B) (C) (D) (E) (F) (G) (H) (J) (K) (L) (N) (0) (P) TOTAL SUPPLIES AND DIRECT OPERATING EXPENSES; $ 3,500 01 $0 $ 3,500 AUTOMOBILE BURGLARY & THEFT PRIEVENTIONi AUTHORITY ,4BTPA SCHEDULE E NARRATIVE REQUIRED NARRATIVE: Briefly describe the basis for arriving at the cost of each line item AND THE USE OF EACH ITEM. (A) Public Awareness - Advertising Cost: $ 3,500 Increasing public awareness is a major component of the goals and successes of the task force. These advertising funds provide for the use of one highway billboard sign that is used on the major highways in the project area to increase awareness on Auto Theft and Auto Burglary Issues. We were awarded funding for this originally in the FY 2010 budget. The Statewide 5% reduction in General Revenue Funding resulted in $3,500.00 being eliminated from public awareness funding. There is a contract to expend these funds and we are asking for funding to cover this contract and keep our billboard program. The monthly cost of displaying the sign is $500 and the amount requested will cover costs through August 31 , 2010. This cost is based on the current price we are paying to a local sign company. (B) (C) (D) (E) (F) (G) (I). (J) (K) (L) (M) (N) ABTPA 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 accept supplemental funding in the amount of$60,210 through the Automobile Burglary and Theft Prevention Authority Fund for the Southeast Texas Auto Theft Task Force to provide for the purchase of replacement equipment and advertising for public awareness. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all documents necessary to accept said funding. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY r , � T • E - X - A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 16, 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 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a contract for a general contractor to perform work related to the Weatherization Program funded by the American Recovery and Reinvestment Act of 2009 2. Consider appointing Lane Nichols as the hearing officer to preside over the appeal of the decision of the Chief of Police to suspend the non-consent towing permit of Payne and Sons Wrecker 3. Consider authorizing the City Manager to execute a Memorandum of Understanding with Christus St. Elizabeth Hospital related to federal funding assistance for a generator project 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: Claim Against Beaumont Metropolitan YMCA 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. 1 February 16,2010 Consider approving a contract for a general contractor to perform work related to the Weatherization Program funded by the American Recovery and Reinvestment Act of 2009 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: February 16, 2010 REQUESTED ACTION: Council consider authorizing the award of contract for a general contractor to perform work related to the Weatherization Program. RECOMMENDATION The Administration recommends the award of a contract to EAS/Weatherization Management Group of Dallas. BACKGROUND The Texas Weatherization Assistance Program (WAP) is a Department of Energy-funded program authorized by the American Recovery and Reinvestment Act of 2009 (ARRA). The Weatherization Assistance Program is designed to increase the energy efficiency of dwellings owned or occupied by low-income persons and improve their health and safety, especially those persons who are particularly vulnerable such as the elderly, persons with disabilities and families with young children. Funding in the amount of$1,382,532 has been allocated to the City of Beaumont for this program. This level of funding should allow for the provision of service to approximately 175 homes. The City would have two years to complete this program. Requests for Proposals (RFP) were sent to eight (8) potential responders and posted on the City website. Five (5) responses were received. All responses were evaluated with the criteria provided in the RFP. After the initial evaluation, the two (2) highest ranking respondents were invited to meet with City representatives to further review and discuss their proposals. The respondents were EAS/Weatherization Management Group and Tidewater, LLC of Lafayette Louisiana. These respondents were allowed to provide additional information and answer a list of questions from the panel_ A new rating from the original criteria was provided. This recommendation is based on the final rating as attached. Page 2 Weatherization Program February 16, 2009 Factor Evaluation Criteria EAS /Weatherization Tidewater, Management Group LLC 1 Cost of Goods and Services 33 32 (0 - 35)Points 2 Qualifications and Experience Capabilities 19 20 (0 - 20)Points 3 Technical Resources and Staffing 15 14 (0 - 15)Points 4 Financial Resources (0 - 10) Points 10 9 5 References (0 - 5)Points 5 5 6 Minority/Women Business Participation 3 3 (0 - 10)Points 7 Use of Local Contractors (0 - 5)Points 5 3 Total Points 90 86 BUDGETARY IMPACT Funds are available through the American Recovery and Reinvestment Act of 2009. The grant has no matching requirements on behalf of the City. RFP Name: Weatherization Program Services Funded by the American Recovery and Reinvestment Act of 2009 RFP Number: PF1210-06 RFP Opening Date: January 21, 2010 Contact Person: Patrick Bardwell, Purchasing Manager pbardwell@ci.beaumont.tx.us Phone: 409-880-3175 Original scoring of all respondants Tidewater EAS L&L General Cont R&R Commercial Factor Evaluation Criteria Possible Points Lafayette, LA Dallas, TX Beaumont, TX Beaumont, Tx 1 Cost of Goods and Services 0- 35 25 30 20 18 2 Qualifications and Experience Capablities 0 -20 20 20 15 5 3 Technical Resources and Staffing 0- 15 15 15 8 7 4 Financial Resources 0- 10 10 10 10 0 5 References 0- 5 5 5 5 5 6 Minority/Women Business Participation 0- 10 3 0 3 6 7 Use of Local Contractors 0- 5 5 2 5 5 Total Points 1 100 83 82 66 46 Standard Renewable Energy- - bid is non-responsive RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to EAS/Weatherization Management Group of Dallas, Texas, to perform work related to the Texas Weatherization Assistance Program authorized by the American Recovery and Reinvestment Act of 2009 and funded by the Department of Energy in the amount of $1,382,532. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - 2 February 16,2010 Consider appointing Lane Nichols as the hearing officer to preside over the appeal of the decision of the Chief of Police to suspend the non-consent towing permit of Payne and Sons Wrecker RICH WITH OPPORTUNITY I'Lo . � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: February 16, 2010 REQUESTED ACTION: Council consider a resolution appointing Lane Nichols as the hearing officer to preside over the appeal of the decision of the Chief of Police to suspend the permit of a towing company. RECOMMENDATION The Administration recommends approval. BACKGROUND After an investigation of a reported complaint of overcharging by Payne and Sons Wrecker, the Chief of Police on February 2, 2010 caused to be delivered a letter of suspension notifying the company of the violation of the non-consent towing ordinance and a 60-day suspension of its license as a result. The company has since filed an appeal of the Chiefs decision to suspend its non-consent towing permit. Section 29-74 of the Code of Ordinances gives the City Council the authority to hear the appeal or select a hearing officer to preside at an appeal hearing. If the Council is so inclined, staff would recommend the appointment of Lane Nichols as the hearing officer in this instance. PAYNE;'S WRECKER SERVICE INC`. February 4, 2010 Kyle Hayes, City Manager 801 Main St. Suite 300 Beaumont, TX 77701 Mr. Haynes, On 2/3/2010, we received written notice of an alleged violation. Prior to receiving this letter, Beaumont Police Department Officer Bracker, along with TDLR investigator Lena Thomas,came to our office in Silsbee to discuss the violation. At the end of the conversation we told both Officer Bracker and Lena Thomas that we would return the check and correct the error. We still had the original check written to us from Turner Automotive. We returned the check on the same day. We called our driver into the office the next day and he was verbally reprimanded. He also received a formal write up for a first time offense on a disciplinary form. We are enclosing a copy of the original invoices, a copy of the original check issued to us by Turner Automotive that we returned to them, a copy of the corrected check issued to us from Turner Automotive, and a copy of the drivers written reprimand. This is a written letter of appeal. We respectfully request a reversal of this suspension. We took the appropriate steps needed to correct our mistake as quickly as possible and assure you that this mistake won't be repeated. �� ) f-4 -,k Esker L. Payne Sr. Director/Owner __ -- P-AYNE'S WRECKER SERVICE, INC. PAYNE & SONS WRECKER 24 Hour Towing Service 24 Hour7owing Service p 1°° - 1310 HWY 327 EAST Road 711 Pine Street Road o TEXAS (409) 385-32 77 Res. 385-2 599 5 e r v'C e BEAUMONT,TEXAS 77701 Service (409) 385-3277 Cell 781-8265 DATE TIM A.M. REQUESTED BV P.O.NO. REQUESTED 8v PO.NO. ��. �n �M ..M. �,_ DATE / y/ TIM A.M. NAME -//+, ..� ( Y y,/y r l� P.M.%/, 17 1% v ���'rt.-� .l �.L°L/✓'.� P NE NAME L r!-• PHONE —_ ADDRESS ' y Ll CC•/� ADDRESS CITY ATE ZIP —It! CITY � S-T�TF� ZIP z LOCgIT7F EH)ICLJ, �� LOCATIO F ry //7 / R+���qY`� C LOP. O q( J M / DOMETER YEAR K ^� LOA ODOMETER —� 000777 ® f--� 5�Q �.�'G�l ST E L �AT Q VE I p4il/Y�S O�.� gpT=NER LIJC� O VE IC ! / I O MILEAGE /1 SERVICETIMEQ /i GG/ MILEAGE SERVICETIM i TOWED FINISH v ' TDLR VSF Lic.#359VSF`` ;S� TDLR VSF Lic.#359VSF r — TOWED _71 FINISH OUT START � TDLR VSF Lic.#0616754VSF OUT START TDLR VSF Lic.#0616754VSF r� TOTAL TOTAL TDLR Cert.#0050337990 TOTAL TOTAL TDLR Cert.#0050337990 REASON FOR TOW Questions or unresolved complaints: REASON FOR TOW Questions or unresolved complaints: CCIDENT ❑ABANDONED TTIRE TDLR Towing Program CCIDENT [:]ABANDONED LATTIRE TDLR Towing Program ❑ R ST ❑ST EN CAR ❑OU GAS P.O.Box 12157 AR 'T ❑ST CAP. ❑O F GAS P.O.BoX 12157 NREG EKED BEAK DOWN ❑IMPOUN Austin,TX 78711 ❑ OW ZONE ❑LOCKOUT 1-800-803-9202 ❑UNREG�TERED BREAK DOWN ❑IMPOUND Austin, 03 9202❑ ❑TOW Z El LOCKOUT ❑ 1-800-803-9202 ❑SNOW REMOVAL ❑START ❑ www.license.state.tx.us www.license.state.tx.us Towing license.state.tx.us ❑SNOW REMOVAL ❑START ❑ Towing@Iicense.state.tx.us TYPE OF TOW TOWED PER ORDER OF VEHICLETOWEDTO TYPE OF OW TOWED PE RDER OF VEHICLET0INEDTO ❑SLI %HOISTTOW STATE POLICE FIRS7�OW D ❑SL /HOIST TOW S7 OLICE FIRSTTOW /j NA — -t'FLAT BED/RAMP ❑ CAL POLICE V FLAT BED/RAMP L CAL POLICE ❑WHEEL LIFT ❑0 ER SECOND TOW ` ° ❑WHEEL LIFT ❑OW R SECOND TOW �O ❑ ❑ - I ❑ ❑DEALE STORAGE FROM A y :� �r TOWING CH GE rl /c TOWING CH RGE �� STORAGE FROM � -- ro DAYS®s MILEAGE GE TO DAf��s MILEAGE RGE y PAID BY 1 S EXTR N PAID BY -/ �7 E R DRIVE 'S !- , =r �I[^� ❑CASH CHECK I.C.NO. —SPECIAL ❑CASH eCHECK LIC.NO. S ECIAL l / EQUIPMENT G E UIPMENT ❑CREDIT CARD ❑MC ❑YISA A DATE EX i V LABOR CHARGE [I CREDIT CARD ❑Mc ❑vlsA ❑ /D` SOR CHARGE CC NO. STORAGE STORAGE CC NO. OPjAi'ATO IGNATUF I�h DATE O,P{JE�.O R'S SIGNATUF R J 7 TRUCK NO. TRUCK NO. // i n / t � 0 SUB-TOTAL /--Y s fiJ SUB-TOTAL TAX IT ORI GN DATE AV RIZ f✓ TAX VCL DTO DATE TOTAL LE RELEWED TO DATE TOTAL Not responsible for loss or damage to vehicle /� I°�, Not responsible for loss or damage to vehicle in case of tire,theft or any other cause beyond our control. Thank You t{ ^� `^t in case of fire,theft or any other cause beyond our control. °r(��� 46®� Not Responsible for Injury to Passengers. B 1 Not Responsible for Injury to Passengers. p ! I "C,93!71 'S.:..,;,.',iA 1,'.n7' •.vv�yen,.-:v:+, N_t. 1,:i ....i:fll iLP G:,..-.r r. �.�\.F t':ti Cel4T...3is n.n.�r.�. ,i..c Ft�E3_ '1�._5. ., i ..�.n.... t....,., :...,...: `.. n. r . . - U HUSK STREET LIE 15'7U1 �I BAUMONT,TX 77702 88-7778/3131 — P � Date ay to the I Order of / Dollars E ucotionFirst I FEDERAL CREDIT UNION P.O.BOA 26751 Beaumont,TX77720 7 78 For_ 000,0000 7B 54 6 1 51I' S 70 1 ---' VA RBIAN S El Y BLUE I I I I TURNER AUTOMOTIVE REPAIR 15717 PH.409-832-3894 3040 RUSK STREET 88-7778/3131 BEAUMONT,TX 77702 �% ate Pay to the Order of Dollars EdmationFirst FEDERAL CREDIT UNION P.O.BOX 26751 Beaumont,TX 77720 For ,M 1: 3 13 1 ? 778 S11:0000000 78 5 4 6I Sul S7 17 UA IPN BL Payne Wrecker Service Inc. 1310 Hwy 327 E,Silsbee TX 77656 Phone 409-385-3277 Fax 409-385-6040 Written Warning Discipline Notice Employee's Name: h �' / 11 f j/�A,� Date: I f-3 / C Department: LVIl e 6kt,< C/Fcrf,r4 f7,t Date of Incident: 1. Has a verbal warning been given? Yes li No If yes,date(s)of verbal warning(s) / — / -3 ..- /0 2. Type of warning 1-First Written Warning Second written Warning Final Written Warning 3. Explain why this written warning is being given. Check all that apply(Additional information can be provided below). Tardiness ❑ Failure to give timely notification Timecard/time clock violation of absence 11 ❑ Excessive absenteeism ❑ Safety violation ❑ Unauthorized Overtime Poor job performance El Insubordination ❑ I Under the influence of drugs/alcohol � Personal conversation during El Sexual Harassment ❑ Intentional or Negligent damage to work company property El Physical or verbal Unauthorized removal of Failure to get along with fellow EJ assault/fighting company property employees 4. Describe the employee's specific rule violations or performance problem.pe� S. Describe the consequences if rule violation or performance occurs again. Employee Signature Supervisor name and po`siti`on J�VltF/2 Z PA/tip Supervisor Signature RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Lane Nichols be and he is hereby appointed as the hearing officer to preside over the appeal of the decision of the Chief of Police to suspend the non-consent towing permit of Payne and Sons Wrecker. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of February, 2010. - Mayor Becky Ames - I Franklin Legal Publishing - Document Page 1 of 2 Sec.29-74. Denial,suspension or revocation of any permit or license. (a) Investigation. The police department shall investigate all complaints arising from reported violations of this article. Upon completion of the investigation,the chief of police shall determine if a violation occurred. If the chief of police determines that a significant violation of this article occurred, the chief may suspend or revoke the permit or license according to the following standards: (1) Violation of any provision of this article, the Texas Transportation Code, Texas Vehicle Storage Facility Act, or section of the Texas Occupations Code regarding operation of tow trucks, towing companies or vehicle storage facilities by owners, agents or employees of a towing company shall subject the towing company to the following administrative action regarding their towing company permit: a. First offense: Suspension of towing company permit for thirty (30) days. b. Second offense: Suspension of towing company permit for sixty (60) days. c. Third offense: Revocation of towing company permit for two (2) years. (b) Penalties independent and may be in addition to other penalties. The administrative penalty set forth in this section shall be independent of and may be in addition to any other penalties assessed pursuant to any violation of any ordinance of the city or statute or administrative code of the state. The determination of whether a violation is significant shall be within the sole discretion of the chief of police. (c) Time. Time limitations for computation of penalties regarding suspension or revocation of permits or licenses for repeat offense shall be calculated based on a two-year period from the date of the first offense for which a permit is suspended or revoked. The holder of a permit that was revoked may not, for a period of two years from the date of the revocation, apply for any new permits of the type that was revoked. (d) Notice. The chief shall provide written notice of any suspension, revocation or denial setting out the basis for the decision, giving the effective date for the suspension, revocation or denial and providing the appeal procedure. A suspension, revocation or denial shall become effective seven (7) days from the date that the chief of police notifies the permit holder of the suspension, revocation or denial unless an appeal is filed as provided herein. (e) Appeal procedure. Any appeal of a decision by the chief of police regarding a towing company permit must be in writing and must be submitted to the city manager's office prior to the effective date of the suspension, revocation, denial or decision. The written request for appeal must set forth the basis for the appeal and specifically identify any error or misapplication of information or of this article by the chief of police regarding the. The city manager shall submit the appeal to the city council and city council may either hear the appeal or select a hearing officer to preside at any appeal hearing and the decision of the city council or such hearing officer shall be final. The appellant may appear at any hearing and it shall be the burden of the appellant to establish that the decision by the chief of police is incorrect. The chief of police shall be entitled to present any information or evidence which would support the chief s decision. The city council or hearing officer shall assess the evidence presented at the hearing and affirm, reverse or modify the decision of the chief by a suspension of the towing permit for up to thirty (30) days for a first offense, up to sixty (60) days for a second offense or revocation of the permit for up to two (2) years for a third offense. The city council or hearings officer http://codes.franklinlegal.net/beaumont-flp/lpext.dll/Infobase/heading%20100125.htm/hea... 2/12/2010 Franklin Legal Publishing - Document Page 2 of 2 shall affirm, reverse or modify any other decisions of the chief after assessing the evidence presented at the hearing. (Ord. No. 98-64, § 1, 10-6-98; Ord. No. 09-072, § 5, 12-22-09) I http://codes.franklinlegal.net/beaumont-flp/lpext.dll/Infobase/heading%20100125.htm/hea... 2/12/2010 3 February 16,2010 Consider authorizing the City Manager to execute a Memorandum of Understanding with Christus St. Elizabeth Hospital related to federal funding assistance for a generator project RICH WITH OPPORTUNITY [I 17C 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 . L MEETING DATE: February 16, 2010 REQUESTED ACTION: Council consider approving the City Manager to enter into a memorandum of understanding with Christus St. Elizabeth Hospital for the Hospital to make application of grant funding through the Pre-Disaster Mitigation Program (PDM). RECOMMENDATION Administration recommends approval. BACKGROUND Christus St Elizabeth Hospital was fortunate to get Congressional earmark funding in the amount of$250,000 for a generator. The stipulation included is that the City of Beaumont agree to facilitate the grant application through FEMA's Pre-Disaster Mitigation grant program. The generator will provide an alternate power source for the hospital which houses the only Level III trauma center in the region. The citizens of Beaumont and this region will directly benefit from this mitigation project so the hospital requested our assistance with submitting the application. A memorandum of understanding would formally document the agreement and responsibilities and enable the City to facilitate grant funding for the hospital. The memorandum of understanding formally describes each party's responsibilities. The agreement is attached for your review. BUDGETARYIMPACT The City will have no financial obligation due to facilitating the grant for Christus St. Elizabeth Hospital. St. Elizabeth will provide any local match required under the guidelines of the grant program. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a memorandum of understanding with Christus St. Elizabeth Hospital(the"Hospital")tofacilitate grant funding for the Hospital through FEMA's Pre-Disaster Mitigation Program Grant Program. 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 16th day of February, 2010. - Mayor Becky Ames - MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF BEAUMONT AND CHRISTUS SAINT ELIZABETH HOSPITAL This Memorandum of Understanding ("MOU") entered into and effective this 17th day of February, 2010 ("Effective Date") by and between the City of Beaumont, a municipal corporation of the State of Texas (City of Beaumont) and the Christus Saint Elizabeth Hospital (St. Elizabeth). Hereinafter individually may be referred to as a "Party' and collectively as the "Parties". This MOU describes each party's responsibilities and duties as it pertains to the City of Beaumont facilitating a Pre-Disaster Mitigation Grant and Port Security Grant on behalf of St. Elizabeth. Federal funding is earmarked for St. Elizabeth Hospital with the stipulation they work through the City of Beaumont to facilitate the grant. This document addresses the relationships between and among the parties and is intended to augment current working relationships. This MOU provides the framework for St. Elizabeth Hospital to request federal funding assistance for a generator project. Through the Pre-Disaster Mitigation Program (PDM), St. Elizabeth would buy and install a generator to provide an alternate power source for critical operations at their Beaumont facility. St. Elizabeth has the only Level III Trauma Center in our region which stretches from Houston to Baton Rouge. As such, the hospital plays a viable role in layered security through its partnership with the City of Beaumont. By signing this Memorandum of Understanding each party is evidencing its intent to abide by the terms of the MOU in the event grant funding is requested or awarded. The terms of this MOU are to be incorporated into the City of Beaumont's and St. Elizabeth's emergency management plans. NOW THEREFORE, in consideration of the premises and mutual understandings contained herein, the parties to this MOU understand and agree as follows: I. PURPOSE: This MOU outlines actions of the City of Beaumont for facilitating grant funding for St. Elizabeth in accordance with this MOU and grant eligibility regulations. This written memorandum supports emergency preparedness and facilitates request for federal assistance through the Department of Homeland Security. 2. AUTHORITY: Approval by the City of Beaumont City Manager and St. Elizabeth Administration. 3. GENERAL: EXHIBIT "A" a. SCOPE: This MOU provides documentation for support between the City of Beaumont and St. Elizabeth Hospital and MOUs herein apply only to the participating parties and are not intended to supersede existing regulations or MOUs pertaining to other and different subjects. If any term of this MOU is inconsistent with applicable laws, regulations or statutes, then that term shall be invalid, but the remaining terms and conditions of this MOU shall remain in full force and effect. b. ASSUMPTIONS: (1) The City of Beaumont will facilitate the Pre-Disaster Mitigation Grant application on behalf of St. Elizabeth Hospital for a generator acquisition and installation protect to provide backup power to this critical factility. The congressional earmark for funding is $250,000. (2) St. Elizabeth Hospital will provide any local funding match required under the guidelines of the respective grant programs. This is expected to be at least 25% of the total project cost for both grants. (3) St. Elizabeth Hospital will provide all necessary documentation for the respective grants in an appropriate timeframe to comply with the official grant application processes. (4) St. Elizabeth Hospital will process all allowable funding and reporting guidelines in accordance with grant guidelines, and will provide a copy of all such reports to the City of Beaumont for financial accountability. (5) St. Elizabeth Hospital will maintain maintenance on the funded projects in accordance with grant funding guidelines. 4. LOGISTIC SUPPORT: (1) PLANS: There will be no additional plans to accompany this MOU. (2) MAINTENANCE: Both parties will be responsible for maintenance of their respective obligations. (3) MANPOWER: Both Parties will be required to supply its own manpower in facilitating the grant process. 5. OPERATIONAL SUPPORT: Operational support is anticipated for gaining access to real-time surveillance footage and maintaining grant and funding accountability. 6. MOU AND ADMINISTRATION: This MOU is effective immediately upon signature by all parties and will only be terminated only after legal restrictions on grant funded projects have been met or unless earlier terminated as provided for herein. 7. AMENDMENT AND ASSIGNMENT. This MOU shall not be modified or amended in any respect except by written MOU executed by the City of Beaumont and St. Elizabeth Hospital administration in the same manner as this MOU is executed. This MOU shall not be assigned, directly or indirectly, by the City of Beaumont. Any attempted assignment by the City of Beaumont shall be void and of no force or effect. 8. AGREEMENT AND ADMINISTRATION: This Memorandum of Agreement is effective immediately upon signature by all parties and will only be terminated after one party notifies the other party 30 days in advance requesting termination. The Memorandum of Agreement will be reviewed every two years from the effective date. 9. INDEPENDENT CONTRACTOR: The parties acknowledge that the relationship of the City of Beaumont and St. Elizabeth is that of independent Contractor, and that nothing contained in this agreement shall be construed to place St. Elizabeth and the City of Beaumont in the relationship of principle and agent, master and servant, partners or Joint ventures. 10. POINTS OF CONTACT • Beaumont Police Department, Tim Ocnaschek, Emergency Management Coordinator/POC, 700 Orleans, Beaumont, Texas 77701. Phone numbers:work (409) 980-7275 or (24/7 Dispatch- (409) 880-3865; email: _t_ocnaschek!a%ci.bc_-t�trtiont,tx.us. • Christus St. Elizabeth Hospital, Pat Briggs, Director of Security, 2830 Calder, Beaumont, Texas 77702, Phone numbers: (409) 899-7055, email t f ac k.briggs ci christushealtILM. APPROVED BY: Kyle Hayes, City Manager Date City of Beaumont Ellen s J n Chief Executive Jones C e xecut e ffic r Date Officer Christus Saint Elizabeth Hospital