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HomeMy WebLinkAboutPACKET MAR 02 2010 RICH WITH OPPORTUNITY 11C A,[I 1�1 U1 111 ( T - E - X - A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 21) 2010 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Martha Hicks would be appointed to the Library Commission. The term would commence March 2, 2010 and expire March 1, 2012. (Mayor Becky Ames) A) Authorize the acquisition of properties for the Concord Road Pavement Widening Project B) Authorize the City Manager to execute a grant agreement with the South East Texas Regional Planning Commission to provide equipment for the Best Years Senior Center C) Authorize the City Manager to increase the 23`d Street Lift Station Rehabilitation Project for"extra work" D) Authorize the City Manager to Accept a proposed offer by Caterpillar related to the Surface Water Treatment Plant Improvements Phase I Project Genset Purchase Agreement E) Approve Change Order No. 4 on the City Hall First Floor Renovations project F) Approve the waiver of penalties and interest on one tax account processed by the Jefferson County Tax Assessor-Collector's Office G) Approve the waiver of penalties and interest on one tax account processed by the Jefferson County Tax Assessor-Collector's Office H) Adopt the Reinvestment Zone Tax Abatement Policy for the City of Beaumont I) Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force RICH WITH OPPORTUNITY a 11cm ► 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: March 2, 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 properties for the Concord Road Pavement Widening Project. BACKGROUND As part of the Concord Road Pavement Widening Project, approximately sixty-three (63) parcels of land from East Lucas to Highway 105 are being acquired. The owners of the properties listed below, have agreed to convey their property to the City: Parcel #55-A 0.09909 acre out of Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas (Concord Road) Value: $137,000.00 Owners: Scott Walker, Cliff Walker, Mark Walker Parcel #59 0.0286 acre out of Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas (6430 Concord Road) Value: $4,600.00 Owners: Scott Walker, Cliff Walker, Mark Walker BUDGETARY IMPACT Funds are available in the Capital Program. G:\AGENDA ITEMS-PW\55-A&59.wpd RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property described below and in Exhibits "A" and "D," and shown on Exhibits "B," "C" and "E," attached hereto, for the Concord Road Pavement Widening Project: Parcel #55-A 0.09909 acre out of Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas (Concord Road) Value: $137,000.00 Owners: Scott Walker, Cliff Walker, Mark Walker Parcel #59 0.0286 acre out of Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson County, Texas (6430 Concord Road), Value: $4,600.00 Owners: Scott Walker, Cliff Walker, Mark Walker 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 2nd day of March, 2010. - Mayor Becky Ames - March 2009 Parcel 55A Page 1 of 7 EXHIBIT_ County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 55A Being a 0.9909 acre (43,165 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 2.110 acre tract having been conveyed to Scott Walker, an undivided 44.445% interest, unto Mark Douglas Walker, an undivided 44.445% interest, unto Mark Walker, an undivided 11.111% interest, unto D. Cliff Walker, an undivided 11.111% interest and unto Dennis Swearingen, an undivided 33.333% interest from John Dollinger, Jr., Inc., by deed dated May 30, 1997, and being recorded under Clerk's File 9716059 of the Real Property records of Jefferson County, Texas, and also being out of and part of that certain called 0.792 acre tract of land having been conveyed to Roger Scott Walker, Mark Douglas Walker, D. Clif Walker and Dennis Swearingen from Mary Alice Bailey Fritscher by deed dated August 13, 1997 and being recorded under Clerk's File No. 9724822 of the Real Property records of Jefferson County, Texas, said 0.9909 (43,165 square feet) acre of land being more particularly described as follows; COMMENCING at a 1 1/2" iron pipe found for the most Easterly corner of that certain called 5.446 acre tract of land having been conveyed to David Clifton Walker, Mark Douglas Walker, and Roger Scott Walker from Madeline Linn Walker by deed dated December 8, 1995 and being recorded under Clerk's File No. 9536057 of the Real Property records of Jefferson County, Texas, SAVE AND EXCEPT that certain called 24,743 square-foot portion thereof heretofore conveyed by Lonnie C. Walker to June Bade by deed dated April 28, 1982, recorded in Volume 2382, Page 55 of the Deed Records of Jefferson County, Texas, the same being that certain called 24,743 square foot tract of land having been conveyed to June Marie Badon, as Trustee of the June Marie Badon Revocable Living Trust by deed dated July 28, 1997 and being recorded under Clerk's File No. 9722295 of the Real Property Records of Jefferson County, Texas, said corner being in the Southwesterly line of the said 2.110 acre Walker et al tract, said corner also being in the centerline of the abandoned T&NO RR right-of-way, said corner also being in the South line of the said Thomas Spear Survey and the North line of the F. Bigner Survey, Abstract No. 1 ; THENCE, NORTH 43°44'12" WEST along the boundary line between the said 2.110 acre Walker et al tract and the said Walker tract being described in Clerk's File No. 9536057 for a distance of 249.14 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road and the POINT OF BEGINNING of the parcel herein described; EXHIBIT "A" March 2009 Parcel 55A Page 2 of 7 EXHIBIT— 1) THENCE, NORTH 43 044'12" WEST, along the boundary line between the said 2.110 acre Walker et al tract and the said Walker tract being described in Clerk's File No. 9536057 and the said 0.792 acre Walker tract, for a distance of 183.11 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road; 2) THENCE, SOUTH 70°27'54" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 58.14 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 2440.00 feet and being subtended by a chord bearing SOUTH 69 038'08" EAST having a chord length of 70.65 feet; 3) THENCE EASTERLY, along and with said curve, for an arc length of 70.65 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road, said corner being in the east line of the said 0.792 acre Walker et al tract and being in the West line of the said 2.110 acre Walker et al tract, said corner also being the beginning of a curve turning to the right having a radius of 2440.00 feet and being subtended by a chord bearing SOUTH 67 044'27" EAST having a chord length of 90.71 feet; 4) THENCE, EASTERLY, along and with said curve, for an arc length of 90.71 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road; 5) THENCE, NORTH 69 029'04" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 25.00 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 120.00 feet and being subtended by a chord bearing NORTH 04°32'53" WEST having a chord length of 79.25 feet; 6) THENCE, NORTHERLY, along and with said curve, for an arc length of 80.77 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the existing Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 1462.50 feet and being subtended by a chord bearing SOUTH 44 035'39" EAST having a chord length of 392.44 feet; 7) THENCE, SOUTHEASTERLY, along and with said curve, for an arc length of 393.63 feet to a point for corner in the existing Southwest right-of-way line of Concord Road; I March 2009 Parcel 55A Page 3 of 7 EXHIBIT 8) THENCE, SOUTH 52 18'17" EAST along the existing Southwest right-of-way line of Concord Road for a distance of 62.37 feet to point for corner, said corner being the most Easterly corner of the said 2.110 acre Walker et al tract, also said corner being the most Northerly corner of that certain 0.252 acre tract of land having been conveyed to James M. Canizaro from Hugh R. Clubb by deed dated August 19, 1981 and being recorded under Volume 2332 page 384, Deed Records of Jefferson County, Texas and from said corner a found 5/8" iron rod bears North 33 044'32" East a distance of 0.92 feet; 9) THENCE, SOUTH 31054'09" WEST, along the boundary line between the said 2.110 acre Walker et al tract and the said 0.252 acre Canizaro tract for a distance of 38.82 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 59°10'27" WEST having a chord length of 184.35 feet; 10)THENCE, NORTHWESTERLY, along and with said curve, for an arc length of 184.40 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being in the Southeasterly line of a Texas Department of Transportation Ditch (based on a 100' row), said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 62°37'36" WEST having a chord length of 100.00 feet; 11)THENCE, NORTHWESTERLY, along and with said curve, for an arc length of 100.01 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Southwest right-of-way line of Concord Road, said corner being in the Northwesterly line of the said Texas Department of Transportation Ditch, said corner also being the beginning of a curve turning to the left having a radius of 2360.00 feet and being subtended by a chord bearing NORTH 65°52'22" WEST having a chord length of 167.39 feet; 12)THENCE, WESTERLY along and with said curve, for an arc length of 167.42 feet to the POINT OF BEGINNING and containing 0.9909 acre (43,165 square feet) of land. March 2009 Parcel 55A Page 4 of 7 EXHIBIT 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. i Surveyed January 2009 �AY GIVEN UNDER MY HAND AND SEAL THIS THE t°l OF March 2009. Mark W. Whiteley, RPLS #3636 !1^�; :c'_ 'om'� � 'Q LEGEND ■ SET 5/8" I. R. WITH CAP STAMPED " M, W. WH I TELEY & ASSOCIATES" TXD❑T CONTROL MONUMENT xx PARCEL NUMBER O FND PROPERTY CORNER AS NOTED CALLED 0.792 ACRES POWER POLE ROGER SCOTT WALKER MARK DOUGLAS WALKER PROPOSED ROW LINE D. CLIF WALKER DENNIS SWEARINGEN EXISTING ROW LINE AUGUST 13, 1997 CALLED 2.1 10 ACRES CF. NO. 9724822 SCOTT WALKER PROPERTY LINE OPRJC MARK WALKER D. CLIFF WALKER SURVEY LINE F�<ST/NG C DENNIS SWEARINGEN 30, 197 55A �NC�Rp C F.A NO. 971 6059 COUNTY LINE 'Q-4p OPRJC PROPOSED 558 CONCORD ROAD f PARCEL 55A TXDOT CALLED 5.446 ACRES DITCH S&E 24,743 SQ. FT. DAVID CLIFTON WALKER MARK DOUGLAS WALKER ROGER SCOTT WALKER DECEMBER 8, 1995 CF. NO. 9536057 P.O.0 PARCEL 55A OPRJC FND. 1 112" 1. PIPE 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 JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. t `.dC ' j ; t=V pyinl Y EXISTING TAKING REMAINING ACRES ACRES/(S.F.) ACRES J1 J a/i f" PARCEL 55A, 2. 9020 1. 91 1 1 MARK W. WHITELEY ry 0. 9909/(43, 165) AND INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 5 A CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 = 50' MARCH 2009 409-892-0421 (FAX) 409-892-1346 SHEET 5 OF 7 EXHIBIT B" 208+16,66��sT,N CALLED 0.792 ACRES 127.45RT G R , ROGER SCOTT WALKER R7G �n1 p Q N oo o) Ln � MARK DOUGLAS WALKER CALLED OTT 2.110 ACRES �hI pF\9p _ D. CLIF WALKER MARK WALKER �L \ Q 6' o � �' �' DENNIS SWEARINGEN J rq o N o D. CLIFF WALKER w N �o n �j- -- AUGUST 1J, 1997 DENNIS SWEARINGEN w' 0 0 0 � — 0 CF. NO. 9724822 MAY 30, 1997 C4 OPRJC CF. NO. 9716059 207+80,99 210+15.47 _ OPRJC 57,38RT C° 0 AQgN 40,OORT 1 209+57,33 X208+87.83 14/Y �NED 40.00RT `\40.00RT C2 _ Qww � w ? �9D w � � � N 207+98,60 cn m o cv Ln � N S70'27'54"E 58.14 \, �� o � -�J- N Lc) N �� \� \\�\� \55 40.00RT � � � Ln PROPOSED \ o a� �r :r RIGHT OF WAY N43 -,\ Z CD Co o -r _ I o cn cn z cn z ` 44 210+00 -�` �,, \ w = N70°27'54"W— 198.37' — ' M 83 \ ,\ U PROPOSED BASELINE ¢ -- J 55B P.O.B. PAR. 55A (A n + _ Z cc w o 7 C `_\ U J \ N ~Q ILL `n Ln 208+50.10 N ° C9 `� "' � PROPOSED RIGHT OF WAY-- = o o m m � 40,001-T 4344 �2'w or,- MI,- rn - \ v,j l CALLED 5.446 ACRES 24g 14 CL CURVE DATA g�R� S&E 24,743 SQ. FT. \, PI STA=206+02.52 MARK DOUGLAS WALKER D=17°04'05" ARK z ROGER SCOTT WALKER �\ R360 01396'0 �, DECEMBER 8 1995 --i Ln (-o CF. NO. 9536057 L714.9448' ° r9; r-, OPRJC Ch712.3042' Q m co r� D02'23'1 4" 0 0 _ 0 0 `) ° C' ° PARCEL PLAT - o o ° c� o LINE BEARING DISTANCE 0 -1- -t 000 `° SHOWING Q -r t N - L 1 N69°29'04"E 25.00' D� NN N PARCEL 55A w CONCORD ROAD JEFFERSON COUNTY D N r t SCALE 1 " = 50' MARCH 2009 000u0u SHEET 7 OF 7 March 2009 Parcel 59 Page 1 of 4 EXHIBIT County: Jefferson Highway: Concord Road Project Limits: East Lucas to US 96, 69, 287 PROPERTY DESCRIPTION FOR PARCEL 59 Being a 0.0286 acre (1 ,245 square feet) of land, situated in the Thomas Spear Survey, Abstract No. 50, out of and part of that certain called 1.5344 acre tract of land having been conveyed to Madeline Linn Walker from Madeline Linn Walker, as Independent Executrix of the estate of Lonnie C. Walker, by deed dated September 21, 1995 and being recorded under Clerk's File No. 9528114 of the Real Property records of Jefferson County, Texas, said 0.0286 (1,245 square feet) acre of land being more particularly described as follows; COMMENCING at the most Northerly corner of the said 1 .5344 acre Walker tract, said point also being in the centerline of the abandoned T & NO Railroad 100 foot right-of-way; THENCE, SOUTH 46°10'45" WEST, along the Northwesterly line of the said 1.5344 acre Walker tract for a distance of 50.00 feet to a point for corner, said corner being the East corner of that certain called 0.220 acre tract of land having been conveyed to Tong Thanh Huynh from Xin Thi Nguyen, by deed dated May 7, 2003 and being recorded under Clerk's File No. 2003017568 of the Real Property records of Jefferson County, Texas; THENCE, SOUTH 47°32'45" WEST, continuing along the Northwesterly line of the said 1 .5344 acre Walker tract and the Southeasterly line of the said 0.220 acre Huynh tract for a distance of 118.71 feet to a point for corner, said corner being the West corner of the said 1.5344 acre Walker tract and the South corner of the said 0.220 acre Huynh tract, also said corner being in the existing Northeast right-of-way of Concord Road; THENCE, SOUTH 37°06'12" EAST, along the existing Northeast right-of-way of Concord Road for a distance of 110.47 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road and the POINT OF BEGINNING of the parcel herein described, said corner also being the beginning of a curve turning to the left having a radius of 1160.00 feet and being subtended by a chord bearing SOUTH 40 024'39" EAST having a chord length of 67.93 feet; 1) THENCE, SOUTHEASTERLY, along said curve for an arc length of 67.94 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road; Exhibit "D" March 2009 Parcel 59 Page 2of4 EXHIBIT 2) THENCE, SOUTH 50 022'31" EAST, along the proposed Northeast right-of-way of Concord Road for a distance of 48.58 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the proposed Northeast right-of-way of Concord Road, said corner also being the beginning of a curve turning to the left having a radius of 1154.00 feet and being subtended by a chord bearing SOUTH 46°16'55" EAST having a chord length of 72.74 feet; 3) THENCE, SOUTHEASTERLY, along said curve for an arc length of 72.75 feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner in the existing Northeast right-of-way of Concord Road, said corner also being the beginning of a curve turning to the right having a radius of 170.00 feet and being subtended by a chord bearing NORTH 53°22'09" WEST having a chord length of 95.23 feet; 4) THENCE, NORTHWESTERLY, along said curve for an arc length of 96.52 feet to a point for corner in the existing Northeast right-of-way of Concord Road; 5) THENCE, NORTH 37°06'12" WEST, along the existing Northeast right-of-way of Concord Road for a distance of 95.48 feet to the POINT OF BEGINNING and containing 0.0286 acre (1 ,245 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 January 2009 GIVEN UNDER MY HAND AND SEAL THIS THE $ DAY OF March 2009. Mark W. Whiteley, RPLS #3636 LEGEND ■ SET 5/8" I. R. WITH CAP STAMPED 'M, W. WH I TELEY & ASSOCIATES" 0 TXDOT CONTROL MONUMENT xx PARCEL NUMBER 0 FND PROPERTY CORNER AS N OTED POWER POLE PROPOSED ROW LINE EXISTING ROW LINE P.O.0 PARCEL 59 FND. 2"I. PIPE PROPERTY LINE — — SURVEY LINE COUNTY LINE -- -- __ CALLED 0.220 ACRES — TONG THANH HUYNH CALLED 1.5344 ACRES MAY 7 2003 MADELINE LINN WALKER CF. N0. 2b03017568 SEPTEMBER 21 1995 OPRJC CF. NO. 952✓�114 P.O.B. OPRJC PARCEL 59 collcoRO Rojo 59 PARENT TRACT N.T.S. BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES IN THE DESCRIPTION OF THE PARENT TRACT. SURVEYED JANUARY 2009 A PROPERTY DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PARCEL PLAT. EXISTING TAKING REMAINING ACRES ACRES/(S.E.) ACRES PARCEL 59, 1. 5344 0. 0286A 1,245) 1, 5058 MARK W. WHITELEY AND ASSOCIATES INCORPORATED PARCEL PLAT CONSULTING ENGINEERS, SHOWING SURVEYORS, AND PLANNERS PARCEL 5 9 CONCORD ROAD JEFFERSON COUNTY P. 0. BOX 5492 3250 EASTEX FRWY. BEAUMON4 -892- 42126-5492 B( N 03 09 0 (FAX) 409-892-1346 SCALE 1 = 50' MARCH 2009 EXHIBIT "E" SHEET 3 OF 4 B RICH WITH OPPORTUNITY r C ► � 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: March 2, 2010 REQUESTED ACTION: Council consider authorizing the City Manger to execute a grant agreement with the South East Texas Regional Planning Commission to provide equipment for the Best Years Senior Center. RECOMMENDATION The Administration recommends approval. BACKGROUND Emergency Disaster Relief Funds to assist communities affected by Hurricane Ike were made available through a federal social services block grant to the South East Texas Regional Planning Commission. The guidelines of this program make the Best Years Senior Center eligible for a reimbursement grant to support and enhance its recreational, and education and training services. The South East Texas Regional Planning Commission has awarded a grant of$77,000 to the Best Years Senior Center in order to provide new laptops, exercise equipment, and pottery kilns. This new equipment will be used in the Center's computer training classes, ceramic arts program, and exercise equipment room. These are popular classes and activities that are very much enjoyed by the seniors who participate. BUDGETARYIMPACT There is no match required by this grant. EXHIBIT "C" The Best Years Senior Center is hereby awarded a Social Service Block Grant for expansion of services in the amount of$77,000.00 within the following Categories: (7) Education and Training Services Services provided to improve knowledge & daily living skills (23) Recreational Services Assist with activities toward physical, cultural and/or social development Grantees shall receive funding reimbursement in the following budgeted areas and amounts: Education and Training Services $45,000.00 Recreation Services $32,000.00 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a grant agreement with the South East Texas Regional Planning Commission in the amount of$77,000 to provide equipment for the Best Years Senior Center. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - i c } iCH WITH OPPORTUNITY r T - E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director`~ MEETING DATE: March 2, 2010 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the 23`d Street Lift Station Rehabilitation Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the 23rd Street Lift Station Rehabilitation Project amount by $17,290.95. The proposed changes to the contract will furnish and install three additional feet of 84-inch riser for the manhole at the proposed junction box, remove existing flap gate and grout opening on existing drainage box, furnish and install an additional 810 square feet of six-inch concrete on the west driveway and increase the contract time by 10 calendar days. The additional days increases the total contract time to 315 calendar days. The proposed extra work will represent an increase of 1.33% and a total increase of 0.46% to the original contract amount. BACKGROUND The existing 23`d Street Lift Station was severely damaged during Hurricane Ike and has been on bypass pumping since the event. The Federal Emergency Management Agency(FEMA) has met with City staff on numerous occasions during the design process. The project will rehabilitate and replace structural components and install new equipment to meet demands and State and Federal regulations. The project will alter the original design of the station in an effort to prevent future disasters. Previous actions include: Resolution 09-11.7 in the amount of$1,296,743.00 was passed by City Council on April 28, 2009. Resolution 09.266 in the amount of($11,325.19)was passed by City Council on September 8,2009. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. 23`d Street Lift Station Rehabilitation Project March 2, 2010 Page 2 of 2 BUDGETARYIMPACT Funds for the project are being provided by the Water Fund. The City has received FEMA funds for the project and the City's participation is 25% of related costs. All items of this change order are related costs. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.Two DATE: February 24,2010 PROJECT: City of Beaumont,Texas 23rd Street Lift Station Rehabilitation OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: R&B Group,Inc. 1213 N.Durham Dr. Houston,Texas 77008 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: Furnish and install three additional feet of 84-inch riser for the manhole at the proposed junction box,remove existing flap gate and grout opening on existing drainage box,and furnish and install an additional 810 square feet of six-inch concrete on the west driveway. ORIGINAL CONTRACT AMOUNT: $ 1,296,743.00 THIS CHANGE ORDER Description: Net Change Furnish and install three additional feet of 84-inch riser for the manhole at the proposed $ 5,586.64 junction box. Remove existing flap gate and grout opening on existing drainage box. $ 3,574.31 Furnish and install an additional 810 square feet of six-inch concrete on the west driveway. $ 8,130.00 TOTAL AMOUNT OF THIS CHANGE ORDER $ 17,290.95 TOTAL AMOUNT OF PREVIOUS CHANGE ORDER $ (11.325.19) TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 1,302,708.76 CONTRACT TIME Original Contract Time: 300 Calendar Days Additional Time Previously Requested: 5 Calendar Days Time Requested per this Change Order: 10 Calendar Days Revised Contract Time per this Change Order: 315 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost ol�and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: Schaumburg&Polk,Inc. City of Beaumont R&B Group,Inc. Engineer Owner Contractor Date: Date: Date: C:\Workfika\Cauulmne\Srbarmlwrg 8 PoIk123A ShW iifl SmonlChmg Order Tb.2 083109.x1a RESOLUTION NO. WHEREAS, on April 28, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-117 awarding a contract to R & B Group, Inc., Houston, Texas, in the amount of$1,296,743.00 for the 23rd Street Lift Station Rehabilitation Project; and, WHEREAS, Change Order No. 1 in the amount of ($11,325.19) was necessary to construct an 84" reinforced concrete (RC) manhole including RC foundation, RC top slab, and aluminum hatch in lieu of the proposed junction box and 48" reinforced concrete pipe (RCP) risers shown on the plans and furnish and install one 30" diameter resilient wedge gate valve including valve box on the existing 30" diameterforce main, thereby decreasing the contract amount to $1,285,417.81; and WHEREAS, Change Order No. 2 in the amount of $17,290.95 is necessary to furnish and install three additional feet of 84-inch riser for the manhole at the proposed junction box, remove existing flap gate and grout opening on existing drainage box, furnish and install an additional 810 square feet of six-inch concrete on the west driveway, thereby increasing the contract time by 10 calendar days and increasing the contract amount to $1,302,708.76. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 2 in the amount of $17,290.95 for extra work described above, thereby increasing the contract amount to $1,302,708.76. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - D RICH, WiTil OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director X4 MEETING DATE: March 2, 2010 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to Accept the Proposed Offer by Caterpillar to the Surface Water Treatment Plant Improvements Phase I Project Genset Purchase Agreement. RECOMMENDATION The Administration recommends approval of accepting the offer proposed by Caterpillar regarding one(1)genset purchased as part of the Surface Water Treatment Plant Improvements Phase I Project. The proposed offer includes a $7,500 reimbursement to the City for additional engineering cost incurred, issuing a$30,000 check for purchasing diesel fuel for a two (2)week test run, providing an eight (8)year Platinum Warranty with an average of 500 operating hours per year, providing standard maintenance every 240 hours of run time for the first two (2) years, providing a standard load test at the manufacturer's location prior to shipping, and replacing all onsite existing wiring that could have been damaged during the fire. BACKGROUND The Surface Water Treatment Plant Improvements Phase I Project includes the installation of two (2)gensets that were purchased by the City through the BuyBoard. During the load testing phase at the Water Treatment Plant, one(1)of the gensets caught on fire due to incorrect wiring. Caterpillar removed the genset from the Water Treatment Plant and shipped it to their facility in Tomball, Texas. After extensive examination of the genset, Caterpillar replaced all the components that were damaged by the fire. The items they are offering to the City are additional guarantees to prove that they manufacture a high quality product. Previous actions include: Resolution 07-396 in the amount of$1,717,659.50 was passed by City Council on December 4, 2007. Resolution 08-137 in the amount of$8,041,191.50 was passed by City Council on May 6, 2008. Resolution 08-351 in the amount of$239,066.95 was passed by City Council on December 23, 2008. Surface Water Treatment Plant Improvements Phase I Project March 2, 2010 Page 2 of 2 Resolution 09-040 in the amount of$26,195.75 was passed by City Council on February 10, 2009. Resolution 09-209 in the amount of$209,871.72 was passed by City Council on July 14, 2009. This offer is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, on December 4, 2007, by Resolution No. 07-396, City Council authorized the purchase of two (2) Caterpillar Model 3512C diesel generators and a utility paralleling switchgear from MustangCat of Houston, Texas,through the Texas Association of School Boards BuyBoard Cooperative Purchasing Program, for the Water Treatment Plant Improvements Phase I Project; WHEREAS, during the load testing phase at the Water Treatment Plant, one (1) genset caught on fire as a result of incorrect wiring; WHEREAS, after extensive examination of the genset, Caterpillar replaced all components damaged by the fire; and WHEREAS, as an additional guarantee to the high quality of its product, MustangCat has offered a $7,500 reimbursement to the City for additional engineering costs incurred, a $30,000 check for purchasing diesel fuel for a two (2) week test run, an eight (8) year Platinum Warranty with an average of 500 operating hours per year, standard maintenance every 240 hours of run time for the first two (2)years, standard load test at the manufacturer's location prior to shipping, and replacement of all onsite existing wiring that may have been damaged during the fire; WHEREAS, City Council desires to authorize the acceptance of the offer; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to accept the offer made by MustangCat. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames E RICH WITH OPPORTUNITY [111LMA,[11�ICIIIT ( City Council Agenda Item T - E - X - A - S TO: City Council FROM: Kyle Hayes, City Manager f PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: March 2, 2010 REQUESTED ACTION: Council consider Change Order No. 4 on the City Hall First Floor Renovations project. RECOMMENDATION Administration recommends the approval of Change Order No. 4 for additional work on the City Hall First Floor Renovations project in the amount of$15,257.60. BACKGROUND In December 2008, Council awarded the construction contract to renovate the first floor of City Hall to Bruce's General Construction, Inc. of Beaumont in the amount of$610,000. Change Order No. 4 provides for additional work in the Council Chambers not in the original plans and specifications including the construction of new table end caps and refinishing tables in the amount of$2,025.10. The change order also provides for minor electrical modifications in the amount of$697.50 and modifications to the dais in the amount of$12,535. Change Order No. 4 totals $15,257.60 which represents approximately 2.5% of the original contract amount of$610,000. Previous change orders increased the contract amount to $622,207.82. Change Order No. 4 further increases the contract to $637,465.42. BUDGETARYIMPACT Funds are available in the Capital Program for Change Order No. 4 in the amount of$15,257.60. OWNER'S COPY 0---r- Document G701 TM - 2001 _ Docume Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:004 OWNER: BEAUMONT CITY HALL FIRST DATE:January 29,2010 ARCHITECT: FLOOR RENOVATION PO BOX 3827 CONTRACTOR: BEAUMONT,TEXAS 77704 FIELD: ❑ TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:07101 BRUCE'S GENERAL CONTRACT DATE:December 17,2007 OTHER:❑ CONSTRUCTION CONTRACT FOR:General Construction 1 175 REYNOLDS ROAD BEAUMONT,TEXAS 77707 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, anv undisputed amount attributable to previously executed Construction Change Directives) RFC#19-Build new end caps and refinish tables in council chambers $ 2,025.10 RFC#20-Relocate two(2)circuits for cameras, Change two(2)receptacles to black, Relocate circuit for automatic window shutters, Change stems in light fixtures to raise twelve inches(12") S 697.50 RFC#21 -Modifications to council chambers dias and faux finish to match existing wood. S12,535.00 Total Change Order amount S15,257.60 The original Contract Sum was $ 610,000.00 The net change by previously authorized Change Orders $ 12,207.82 The Contract Sum prior to this Change Order was $ 622,207.82 The Contract Sum will be increased by this Change Order in the amount of $ 15,257.60 The new Contract Sum including this Change Order will be $ 637,465.42 The Contract Time will be increased by Zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alliance Incorporated Bruce's General Construction City of Beaumont ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name) 6654 Phelan Blvd. 1 175 Reynolds Road PO Box 3827 Beaumont,TX 77706 Beaumont,TX 77707 Beaumont,TX 77704 ADDRESS ADDRESS ADDRESS BY ignature) BY(Si rature) BY(Signature) I. Rob Clark.AIA Sean Tillev Kyle Hayes (Typed name) (Typed name) (Typed name) / - 2 �)- 20/ 0 DATE DATE DATE AIA Document G701 T"—2001.Copyright©1979, 1987,2000 and 2001 by The American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:02:02 on 01/29/2010 under Order No.45661724931 which expires on 09/0612010,and is not for resale. User Notes: (1467438384) RESOLUTION NO. WHEREAS, on December 9, 2008,the City Council of the City of Beaumont, Texas, passed Resolution No. 08-333 awarding a contract in the amount of $610,000 to Bruce's General Construction of Beaumont, Texas, for furnishing all labor, materials, supplies and equipment to renovate the first floor of City Hall; and, WHEREAS, Change Order No. 1 in the amount of$17,104.85 was required for extra work described as partial removal and reinstallation of the stage and wall in Council Chambers to allow access for conduit; additional coat of bonding primer to doors and frames for better adhesion; change specified water coolers to refrigerated units; relocate door in Human Resources Training Room hallway; and removal of existing VCT and installation of new ceramic tile and cove base in Human Resources Training Room, said amount being deducted from the $20,000 contingency allowance, thereby decreasing the contingency balance to $2,895.15 with the contract amount remaining at $610,000; and WHEREAS, Change Order No. 2 in the amount of $5,726.38 was required to convert an existing janitor*s closet into an employees restroom and a minor addition to the hallway leading to the Human Resources Training Room, thereby increasing the contract amount to $615,726.38; and WHEREAS, Change Order No. 3 in the amount of $20,626.59 was required for additional work described as installation of a new cabinet in the Human Resources office, refinish wood handrails and paint metal balusters on the lobby stairway, electrical modifications, additional painting, replacement of drywall in two areas, including one to repair unforseen termite damage, and installation of new VCT and ceiling in an additional room, $14,145.15 of said amount to be deducted from the Contingency and Allowance balances, thereby increasing the contract amount by$6,481 .44 for a total contract amount of $622,207.82; and WHEREAS, Change Order No. 4 in the amount of $15,257.60 is required for additional work described as the construction of new table end caps and refinishing tables, minor electrical modifications and modifications to the dais,thereby increasing the contract amount to $637,465.42. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute Change Order No. 4 in the amount of$15,257.60 for additional work described above,thereby increasing the contract amount to $637,465.42. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY 1117 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: March 2, 2010 REQUESTED ACTION: Approve the waiver of penalties and interest on one tax account processed by the Jefferson County Tax Assessor- Collector's Office. BACKGROUND Section 33.011 (a)(2) of the Property Tax Code states, "the governing body of a taxing unit may waive penalties and provide for waiver of interest on a delinquent tax if the property for which the tax is owed is acquired by a religious organization that qualifies the property for exemption under Section 11.20 before the first anniversary of the date the religious organization acquires the property. A letter from the Tax Assessor-Collector is attached for your review. The property in question is located at 5250 Helbig Rd. and the waiver of penalty and interest is in the amount of$1,261.36. BUDGETARY IMPACT None. SON c Z�'/� MIRIAM K. JOHNSON ? ��,�c SUSIE JAMES TAXASSESSOR-COLLECTOR I � � � 1 CHIEF DEPUTY February 10, 2010 Kyle Hayes City of Beaumont P. O. Box 3827 Beaumont, TX 77704 RE: Account#262421-000/003101-00000 - PL D21 PT TR 85-B F Bigner Weber King PTS L 12 13 B 3 1.0 acre 5250 Helbig Rd. Dear Mr. Hayes: Please place an item on your next Board agenda to consider and possibly approve the waiver of penalty and interest in the amount of $1,261.36, according to Sec. 33.011 (a)(2) of the Property Tax Code, for Pentecostal Christ Holy Sanctified Church.. The above mentioned section of the Property Tax Code was amended by HB 1604, 76th Tex. Leg., 1999, effective September 1, 1999 and reads as follows: Sec. 33.011. Waiver of Penalties and Interest. (a) The governing body of a taxing unit: (2) may waive penalties and provide for waiver of interest on a delinquent tax if the property for which the tax is owed is acquired by a religious organization that qualifies the property for exemption under Section 11.20 before the first anniversary of the date the religious organization acquires the property. This religious organization has met the requirements as stated in 33.011 (a)(2). The church remains liable for the full amount of delinquent levy as indicated on the Certified Tax Roll for the above referenced account. If you have any questions, please let me hear from you. Sincerely, MIRIAM K. JOHNSO?� Assessor-Collector of Taxes Jefferson County, Texas MKJ:db JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 RESOLUTION NO. THAT the penalty and interest on Account #262421-000/003101-00000 in the amount of $1,261.36 for property located at 5250 Helbig Road, acquired by Pentecostal Christ Holy Sanctified Church, be and it is hereby waived pursuant to Section 33.011(a)(2) of the Texas Property Code. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - G RICH WITH OPPORTUNITY 111'CA,111�1U111T T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: March 2, 2010 REQUESTED ACTION: Approve the waiver of penalties and interest on one tax account processed by the Jefferson County Tax Assessor-Collector's Office. BACKGROUND Section 33.011 of the State Property Tax Code states "the governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioners' Court approved the waiver of penalties and interest on the account on February 16, 2010. A letter from the Tax Assessor-Collector is attached for your review as well as information relating to the one tax account. BUDGETARYIMPACT None. j O N CO MIRIAM K. JOHNSON -� SUSIE JAMES TAX ASSESSOR-COLLECTOR / CHIEF DEP UTY February 19, 2010 Kyle Hayes City of Beaumont P O Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: The Tax Office has accepted one (1) payment that was processed according to Sec. 33.011 of the State Property Tax Code. For your information, Sec. 33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners' Court met on February 16, 2010 and approved waiver of penalty and interest on this account which is listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners' Court action in accepting these payments. If you should have any problems or questions concerning this matter, please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, j MIRIAM K. JOHNSO > Assessor-Collector of Taxes Jefferson County, Texas ? MKJ:db ';�` 1 ,t Attachment Waive Cl JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT,TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 RESOLUTION NO. THAT the penalty and interest on the tax account listed on Exhibit"A,"attached hereto and made a part hereof for all purposes, be and they are hereby waived pursuant to Section 33.011 of the Texas Property Code as the taxpayer's failure to pay was caused by a billing error or similar mistake. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - ATTACHMENT A WAIVER OF P & I CITY OF BEAUMONT TAXPAYER'S NAME TOTAL LEVY WAIVER OF P & I ACCOUNT NUMBER PAID REQUESTED BOONE ROBERT MICHAEL 282.53 57.64 009700-000/032400-00000 2007 TOTAL 282.53 57.64 H RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Lf� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 2, 2010 REQUESTED ACTION: Council consider adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. RECOMMENDATION The Administration recommends approval. BACKGROUND The City of Beaumont's Reinvestment Zone Tax Abatement Policy is adopted every two years by the City Council and was last adopted on March 18, 2008. The proposed Reinvestment Zone Tax Abatement Policy remains unchanged from that last adopted in 2008. The policy provides criteria for eligibility and implementation in accordance with Texas Tax Code, Chapter 312, otherwise known as the Property Redevelopment and Tax Abatement Act, governing property tax abatement agreements. All applications are considered on a case-by-case basis. Approval of any and all abatements within a designated Reinvestment Zone are contingent upon final consideration and action by the City Council. BUDGETARY IMPACT None. RESOLUTION NO. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the City of Beaumont's Reinvestment Zone Tax Abatement Policy attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - CITY OF BEAUMONT REINVESTMENT ZONE TAX ABATEMENT POLICY PHILOSOPHY Tax abatement is an economic development strategy to mitigate the substantial costs usually associated with the construction of a new or expansion of an existing facility that enhances the economic and/or social base of the community. Because property tax revenue is the means to provide vital community services, it is the position of City of Beaumont that tax abatement be utilized sparingly, and only after careful consideration of the economic impact on the community. Nothing herein shall imply or warrant that the City of Beaumont is under any obligation to provide tax abatement to any applicant. ELIGIBILITY This policy document provides criteria for eligibility and policy implementation as adopted by the City Council of the City of Beaumont, in accordance with Texas Tax Code, Chapter 312, otherwise known as the Property Redevelopment and Tax Abatement Act(Act), governing property tax abatement agreements within Reinvestment Zones. All applications will be considered on a case-by-case basis. The following types of enterprises are eligible to apply for tax abatement. • Industrial/Manufacturing- activities such as engaging in the mechanical or chemical transformation of materials or substances into new products; assembling component parts of manufactured products, if the new product is neither a structure nor other fixed improvement; and blending of materials, such as lubricating oils, plastic toxins or liquors. Other eligible activities include specialty resins and polymers, pharmaceuticals, medical devices and specialty foods. • Distribution - activities described as the wholesale distribution of durable and/or nondurable goods, such as motor vehicles, furniture, lumber and other construction materials, professional and commercial equipment, electrical goods, hardware and plumbing and heating equipment, paper and paper products, apparel and groceries. • Central administrative office services- examples include performing management, support services or telecommunication functions for related entities. • Properties subject to a Texas Commission on Environmental Quality (TCEQ) Voluntary Cleanup Program Agreement. Eligible property for which abatement may be granted includes non-residential real property and/or tangible personal property located on the real property other than that personal property that was located on the real property at any time before the abatement agreement is executed. EXHIBIT "A" Abatement of taxes shall be the value of real or personal property located on the property for each year of the Tax Abatement Agreement only to the extent that the value for the year exceeds the value for the year in which the agreement was executed. Excluded from eligible personal property are inventory or supplies. Personal property with a useful life of less than ten years is also not eligible for tax abatement. A. The City of Beaumont herein("Governmental Entity") adopts these guidelines and criteria for tax abatement ("Policy") for real property owners who propose a project ("Project")to develop, redevelop and improve taxable qualifying real property("Real Property"). The Governmental Entity is willing to provide a subsidy to a Real Property Owner in the form of a special exemption from certain taxes provided the Real Property Owner agrees to accept and abide by this Policy. If the Real Property owner leases said property to a third party, the Governmental Entity may require assurances that the conditions outlined in this policy for the Real Property Owner will be met. B. The abatement of ad valorem taxes on Real Property Improvements and Eligible Personal Property will be evaluated and determined according to the following formula and will be subject to the remaining terms of this policy. NUMBER OF NEW PERCENT OF CREATED CAPITAL COST OF FULL-TIME JOBS VALUE TO BE ABATED THE PROJECT(OR) TO BE CREATED $ 0-$ 500,000 Not Applicable 100%for 2 yrs.after project completion $ 500,001 -$2,000,000 20-30 100%for 3 years $2,000,001 -$3,500,000 31-40 100%for 4 years $3,500,001 -$5,000,000 41-50 Individual Case Basis $5,000,001 or more 51 or more A full-time equivalent employment position is one that provides at least 2,080 hours annually within the City's taxing jurisdiction. The number of full-time equivalent employment positions is determined by adding the total number of hours worked and/or actual paid leave (such as vacation, sick leave,jury duty) of all employees, less overtime hours, and dividing that sum by 2,080. All existing jobs as well as those created must be maintained throughout the term of a tax abatement agreement. C. With respect to a Project with a minimum investment of$5,000,001, each tax abatement request will be individually reviewed by the Governmental Entity and approved or declined based on the merits of the application. The percentage of taxes abated is one hundred percent abatement until Project Completion, not to exceed the first and second Tax Year. The percentage of taxes abated for the first through fifth Tax Years next following Project Completion shall be that percentage of abatement granted by the Governmental Entity at the time of the application. The City Council may extend the abatement period longer than the periods stated above if warranted based on an analysis of the direct economic impact. The period of time that the taxes are abated will be referred to as the"Abatement Period". The"first Tax Year" is defined as the first full calendar year next following the commencement of construction of the Project. PROPERTIES SUBJECT TO VOLUNTARY CLEANUP AGREEMENT Tax abatement may apply to properties that are subject to a Voluntary Cleanup Program Agreement as executed with the Texas Commission on Environmental Quality(TCEQ)in accordance with §361.601 et. seq. of the Health and Safety Code for the cleanup or removal of a hazardous substance or contaminant from the environment, as follows: Capital Expenditure Abatement Years Minimum of$250,000 100% 1 75% 2 50% 3 25% 4 Tax abatement for such properties shall not exceed four years and will take effect on January 1 of the year following the date the property owner receives a certificate of completion for the property. The City of Beaumont may cancel or modify the agreement if it determines that the use of the land is changed from the use specified in the certificate of completion, and the new use may result in an increased risk to human health or the environment. D. Prior to beginning the actual construction work or buying personal property for the Project proposed for tax abatement, the Real Property Owner requesting tax abatement within a lawfully created reinvestment zone must: (1) Provide the Governmental Entity with (a) a description of the Project clearly defining and delineating the work to perform; (b) a statement agreeing to expend a designated amount ("Project Cost")for the Project and, if the abatement is based on Required Jobs, a separate statement agreeing that the required minimum number of full-time jobs will be created ("Required Jobs") and maintained during the term of the Contract; (c) an explanation as to how the Project will provide long term significant positive economic benefit to the community, the Governmental Entity and its taxpayers; (d)information as to what attempt will be made to utilize Jefferson County contractors and workers; and (e) information as to what attempt will be made to utilize Jefferson County minority contractors and workers. (2) Furnish the Governmental Entity with a written statement that tax abatement will be a significant factor in determining whether the Project for the development, redevelopment or improvement of the Real Property will take place. (3) Agree to execute a Contract with the Governmental Entity containing the covenants and conditions required by the Governmental Entity. E. Should the Governmental Entity agree to grant an abatement to the Real Property Owner after compliance with the procedure outlined above, then: (1) Subject to the terms and conditions of the contract, a stipulated percentage as set forth above of those particular ad valorem real property taxes("Taxes") which are generated by virtue of fair market value created("Created Value") solely due to the construction and completion of the Project on the real Property will be abated. (2) The Period of Construction("Construction Period")for the Project shall not go beyond the end of the second Tax Year. During the Construction Period the Real Property Owner must actually expend the Project Cost. (3) Within six months next following the end of the Construction Period, the Project must be operational; i.e., it must actively serve the purpose for which it is designed. (4) In the event the Project is either: (a) Not complete at the Minimum Cost by the end of the Construction Period; or (b) Is timely completed at the Minimum Cost but is not operational within six months next following the end of the Construction Period; or (c) Is timely completed but the Required Jobs are not created or maintained as set forth in paragraph(B); or (d) Is timely completed at the Minimum Cost, is operational within six months next following the end of the Construction Period and, if applicable, meets the job requirements, but its operations are discontinued for a continuous period of six months, then the Contract shall terminate with respect to the Project and so shall the abatement of Taxes for the Created Value of the Project. The Taxes otherwise abated with respect to the Project shall be paid to the Governmental Entity on the date specified by law, or, if such date has passed, then within sixty (60) days of the accelerated termination of the Abatement Period. (5) Employees and/or designated representatives of the Governmental Entity will have access to the Project during the term of the contract for inspection purposes so as to determine if the terms and conditions of the Contract are being met. All inspections will be made only after the giving of twenty-four(24)hours prior notice and will only be conducted in such a manner as to not unreasonably interfere with the construction and/or operation of the Project. All inspections will be made with one or more representatives of the Real Property Owner, and in accordance with its safety standards. (6) In the event that (a) The Real Property Owner allow its ad valorem taxes owed the Governmental Entity to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest; or(b)the Real Property Owner violates any of the terms and conditions of the Contract, and fails to cure during the Cure Period(as hereafter provided),then the Contract may be terminated by the Governmental Entity, and all taxes otherwise abated by virtue of the Contract will be recaptured and paid to the Governmental Entity by the Real Property Owner within sixty(60) days of the termination. (7) The term"Base Year Value" as used herein is the market value of all realty improvements of the Real Property Owner located within the taxing entity as of January 1 of the year a contract is executed less the abated value of all projects granted the Real Property Owner by the taxing entity for the"Base Year". The term"Taxable Value" is determined by deducting the amount of any abatements granted for that Tax Year from the appraised market value of all realty improvements of the Real Property Owner located within that taxing entity. If on January I" of any Tax Year all of the legally determined realty improvements owned by the Real Property Owner within the jurisdiction of the Governmental Entity is less than the legally determined Base Year Value and/or in the event that the Real Property Owner reduces their ad valorem taxes on personal property otherwise payable to the Governmental Entity by participating in a foreign trade zone or by having otherwise taxable property exempted pursuant to special legislation, e.g.,the "Freeport Amendment" ("Special Treatment"),then the abatement otherwise available shall be reduced by one dollar for each dollar that the taxable value is less than the Base Year Value and, also, for each dollar of tax reduction attributable to Special Treatment;provided,however,that in no event shall the offset exceed the Created Value of the Project otherwise subject to the abatement of taxes. (8) Notwithstanding any other provision herein to the contrary in the event that the Governmental Entity adopting this Policy is required to adopt a tax rate which would subject the Entity to a tax rollback election under Section 26.07 of the Property Tax Code, and this increase is caused by requirements set forth by the State; mandated by the judiciary; expenses required to repair, rebuild or rehabilitate improvements which are damaged or destroyed; or due to a significant decline in value of a major industrial complex located in the jurisdiction of the Entity, then the Entity may allocate the taxable value necessary to reduce the actual rate below the rollback rate to the Owners of abated property based on the Owner's prorate share of the total abated value for the current tax year. (9) Should the Governmental Entity determine that the Real Property Owner is in default in the terms and conditions of the Contract,then the Governmental Entity will notify the Real Property Owner at the address stated in the Contract of such claimed default, and if such is not cured within sixty (60) days from the date of such notice("Cure Period"), the Contract may be terminated by the Governmental Entity. Any notice of default shall be in writing and shall be given by personal delivery or by certified mail, return receipt requested. In the event the notice is affected by personal delivery, the date and hour of actual delivery shall be the time and date of such notice to the Business. Absent a postal strike or the stoppage of the mails, in the event of delivery of notice by registered or certified United States mail, the date and hour following 48 hours after the date and hour at which the sealed envelope containing the notice is deposited in the United States mail, properly addressed, and with postage prepaid, shall be the time and date of such notice to Real Property Owner. F. The Governmental Entity adopting this Policy shall have the final decision with respect to its interpretation and, also, as to whether the minimum standards set forth above have been met by the Real Property Owner. G. This Policy shall terminate on the second anniversary from the date of its adoption by the Governmental Entity. APPLICATION For additional information on tax abatement, contact the Community Development Department at (409) 880-3764, In determining how and with whom tax abatement will be utilized, the City will examine the potential return on the public's investment, including net jobs created,jobs retained, broadening of the tax base, expansion of the economic base and competitive impact upon existing industries and businesses. Approval is contingent upon final consideration and action by the Beaumont City Council. To the extent permitted by law, information provided by an applicant in connection with a request for tax abatement is confidential and not subject to public disclosure until the tax abatement agreement is executed. Application for Tax Abatement City of Beaumont This application will become part of the Tax Abatement Agreements and any knowingly false representations will be grounds for the voiding of the agreement An original copy of this request should be submitted to the Community Development Department, Ci of Beaumont,P.O_Box 3827,Beaumont,Texas 77704. Part I—Applicant Information Application Date Company Name: Address: Telephone: Current Number of Employees: Annual Sales: Employees in Taxing Jurisdiction: Beaumont Address: Years in Jefferson County: Legal Counsel: Address: Telephone: ❑ Corporation ❑ Partnership ❑ Proprietorship Has the Applicant Company recently been cited or currently under investigation for any violations of Federal, State, and/or City laws, codes, or ordinances? ( )No ( ) Yes If yes, please provide detailed information on the nature and status of the violation(s) on a separate sheet of paper. Is any interest in the project presently held by a member of the Beaumont City Council, Planning and Zoning Commission, or any City employee? ( )No ( )Yes Attach a description of the Applicant Company, including a brief history, corporate structure, and business plan and annual statement, if available. Part II— Project Information Location Address: Legal Description: Tax Acct. Numbers: Attach statement fully explaining project, describe existing site and improvements, describe all proposed improvements and provide list of improvements and equipment for which abatement is requested. If available, provide a map showing location of existing and proposed improvements. Section A—Economic Development Type of Facility/abatement: ❑ Industrial ❑ Central Administrative office services ❑ Manufacturing ❑ Distribution ❑ Brown fields site ❑ Other Describe product or service to be provided: Part III—Economic Information Construction Estimate: Contractor: Start Date: Contract Amount: Completion Date: Peak Construction Jobs: If Modernization: Estimated current economic life of structure years Added economic life from modernization years Permanent Job Creation/Retention: Current employment Jobs to be Retained: Full-time jobs created at opening 20 at 3 years 20 (A full-time equivalent position is one that provides at least 2,080 hours annually within the City's taxing jurisdiction.) Provide information, if available, on (1) new employee needs; e. g. skilled vs. non-skilled, level of education, experience, etc.; (2) any training the company will provide to its new employees; (3) attach a list of new jobs to be created by job class with associated wage and salary ranges. Also, provide an average wage for hourly jobs and an average salary for management jobs; (4) attach a list of benefits provided to employees. Indicate if employees'dependents have access to the company's health plan; (5) attach a list describing the type of incentive and/or assistance you will be requesting from other City departments and/or utility companies; (6) describe any goodwill benefits your company will provide to the community. PERSONAL PROPERTY (FURNITURE FIXTURES ESTIMATED APPRAISED VALUE ON SITE LAND IMPROVEMENTS AND EQUIPMENT) Value on January 1 proceeding abatement Estimated value of new abatable investment Estimated value of properties not subject to abatement(i.e.inventory,supplies) Estimated value of property subject to ad valorem tax at end of abatement *Please state the method used to determine the estimated value of proposed improvements(i.e.appraisal of plans and specs,etc.) (1) Provide the Governmental Entity with(a) a statement agreeing to expend a designated amount ("Project Cost")for the Project and, if the abatement is based on Required Jobs, a separate statement agreeing that the required minimum number of full-time jobs will be created("Required Jobs") and maintained during the term of the Contract; (b) an explanation as to how the Project will provide a long term significant positive economic benefit to the community, the Governmental Entity and its taxpayers; (c)information as to what attempt will be made to utilize Beaumont contractors and workers; and(d) information as to what attempt will be made to utilize Beaumont or Jefferson County contractors and workers; and (e) information as to what attempt will be made to utilize Beaumont or Jefferson County minority contractors and workers. (2) Furnish the Governmental Entity with a written statement that tax abatement will be a significant factor in determining whether the Project for the development, redevelopment or improvement of the Real Property will take place. (3) Agree to execute a Contract with the Government Entity containing the covenants and conditions required by the Governmental Entity. Company Representative to be Contacted: Authorized Company Official: Name: Authorized Signature Title: Name and Title Address: Telephone: RICH WITH OPPORTUNITY 17C 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: March 2, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to renew the loan agreement with the National Museum of the United States Air Force. RECOMMENDATION Administration recommends approval of this action. BACKGROUND In 1992, the United States Air Force loaned the City a jet to be used only for display purposes. The jet is located at Babe D. Zaharias Park. Department of Defense regulations require the Air Force to check each year on the status of the jet to be sure that it is being used as intended. The National Museum of the United States Air Force, which is now charged with the responsibility of verifying the status of the jet, is requesting that the loan agreement be renewed in accordance with the original terms of the loan and federal regulations. The jet will be painted this year. Staff has received and is reviewing the specifications developed by the National Museum of the Air Force, so that the project can be completed in- house. The costs are estimated at about $7,500. The jet is an attractive addition to the park and staff wishes to keep it there on display. BUDGETARYIMPACT Funds are available in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the necessary documents to renew the loan agreement with the National Museum of the United States Air Force for the jet on display at Babe D. Zaharias Park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY 17C A►11 1�1 C1 11* T • E - X - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 2, 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 3-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2566 IH-10 East 2. Consider a request for an HC-L (Historic Cultural-Landmark Preservation Designation) at 480 Magazine 3. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVII Project for"extra work" 4. Consider approving the purchase of four(4) forty-five (45) cubic yard trailers for use by the Solid Waste Division 5. Consider approving a contract for the purchase of fire protective clothing 6. Consider approving a resolution certifying that Urgent Need conditions exist as a result of Hurricane Ike 7. Consider amending Section 21-8 of the Code of Ordinances related to longevity pay 8. Consider approving a resolution accepting the Full Depth Concrete Rehabilitation Project, approval of Change Order No. 1 and final payment 9. Consider approving two annual contracts for the publication of legal notices 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 of John Sells Clifford Teasley v. City of Beaumont Brandon Pickard v. City of Beaumont, Texas, et al 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 March 2, 2010 Consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 2566 IH-10 East T T . E . X . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone,Co mmunity Development Director MEETING DATE: March 2, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial- Multiple Family Dwelling) District at 2566 IH-10 East. RECOMMENDATION The Administration recommends denial of the specific use permit request. BACKGROUND Efren Sifuentes has applied for a specific use permit. Mr. Sif ientes states that the hours of operation of the El Vaquero Night Club would be 8 p.m. to 2 a.m., Friday - Sunday. He says that noise levels between 10 p.m. and 7 a.m. will not exceed the Zoning Ordinance requirement of 65 dB. While that noise level may be met inside the night club, it is the noise in the parking lot created by patrons of the night club that is of concern. Immediately to the east of the night club is the Ridgewood Retirement Center. The noise generated by the proposed night club will have a detrimental effect on those persons living at the Ridgewood. The space was formerly occupied by a pool hall. In addition, another night club used to occupy space in the west end of the shopping center. That night club generated a slew of complaints from the Ridgewood for noise, traffic and parking problems. After hurricane damage, that club was moved into the former pool hall space by the shopping center owner. Again, multiple complaints were received by the police department. That club was shut down by the City because it did not have a certificate of occupancy in the new space. At a Joint Public Hearing held February 15, 2010, the Planning Commission recommended 4:1 to deny a specific use permit to allow a drinking place in a GC-MD (General Commercial- Multiple Family Dwelling) District at 2566 IH-10 East. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 2566 INTERSTATE 10 EAST IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Efren Sifuentes to allow a drinking place in a GC-MD (General Commercial- Multiple Family Dwelling) District located at 2566 Interstate 10 East, being Part 1, Blocks 3-5, Emma Reed Addition, City of Beaumont, Jefferson County, Texas, containing 1.55 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT- Section 1. That a specific use permit to allow a drinking place in a GC-MD (General Commercial- Multiple Family Dwelling) District located at 2566 Interstate 10 East, being Part 1, Blocks 3-5, Emma Reed Addition, City of Beaumont, Jefferson County, Texas, containing 1.55 acres, more or less, is hereby granted to Efren Sifuentes, his legal representatives, successors and assigns, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - File 2021-P: Request for a specific use permit to allow a drinking place in a GC-MD General Commercial Multiple Family Dwelling) District. Location: 2566 IH-10 East Applicant: Efren Sifuentes 0 50 100 200 Feet I i I I Legend 2021P GC-MD GO'�N RM-H GC-MD IH10E EXHIBIT "A" W :fisting Floor Plan-5pace 2550 NOW OR FORMERLY WYMAN GILLIAM POINT OF TAX ID No.251416-000-001500-00000-b gEG-IN NING J.C.A.D. POUND 310" NOW OR � IRON ROD FORMERLY WYMANGILLIAM W OR `AX ID No.25141 Ab-0000-004200-00000-0 NO FORMERLY \ N 5WEETGUMAPARTMENTS \ FOUND 112" RON RODi TAX ID No.251416-000-001300-00000-1 \ \\ �Z)k \ �&3b \ -FOUND 1" ',Q° EX15T114G 8UIWING IRON ;PREVIOUSLY NIGHT CLUB) I PIPE NOW OR FORMERLY HINAS LODGING COMPANY b3L E XG.F.No.2001008141 J.G.R.P.R. 13� erSrHV d EXI5T1N6 FIRE LANE W 1J 1d°2 0 c, � N � n E 15TI G R NG EXISTING PARINGS 7_i (NO CHANGES) 1.55 ACRES q� o❑i a ~N ui z , Lu u1q Z f rcw a 0 E 5TI G P RKI G Z ° o W IRON PIPE h K O Z o EXISTING PARINGS p o W z 5 -112 (NO GHAN6E5) p I ON EXISTING PARINGS -T 12 SE'"X„ (NO CHANGES) N 8�32'4q" /r ON Ro IN XIS IN PA KIN '�'^--- 141.01 N 83°15'00" 1 G NG (CALLED td 55`03'15"YV (CALLED N 63`15' 125.05' 60.10' SET"X„ 12s.c=') N&4 °00'00"W ao 36') N 89° �N GONG. (GALLED N 84°00'W 60.10') .21'00"Yy 163.62' (GALLED N 63`13'Yy 163.00') �� 2566 I H-10 EAST (R.0 k)l.VARIES) 1 2 March 2, 2010 Consider a request for an HC-L (Historic Cultural-Landmark Preservation Designation) at 480 Magazine 11 I'Lm A,,[I 1�1 0 1 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager GS� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 2, 2010 REQUESTED ACTION: Council consider a request for an HC-L (Historic Cultural- Landmark Preservation Designation) at 480 Magazine. RECOMMENDATION The Administration recommends denial of the HC-L request. BACKGROUND John Leggett has applied for an HC-L Designation. Mr. Leggett states that the single family residence was originally two houses built in Port Arthur, Texas dating back to the Civil War era. These houses were later moved to the current location in Beaumont and combined to make one house between 1889 andl894. According to research based on the Sanborn-Perris Map, the house is shown to have been at 480 Magazine Street since 1894. This property is part of the original town site of Beaumont. Mr. Leggett states that the house contains architectural characteristics typical of a working class home during the Victorian Age. The house is built with cypress sills, floor joists, exterior siding, molding and trim. The flooring is East Texas Curly Pine. The house contains 12 foot ceilings and a hand-carved stair case. The 6 1/2 foot tall cypress weighted windows are two over two glass pane. The front door is hand carved with an oval, beveled glass window. There are what appears to be possible hidden entrance doors in the floor and pantry ceiling that could be connected to the Civil War era in Port Arthur. The hardware, circa 1850, includes door knobs, hinges, plumbing fixtures and molding. Other original structures on the property included two carriage houses, one of which is still standing. The other carriage house, which is no longer in existence, contained two stalls for carriages and a tack room.In addition to the many historical features of the house itself, the house is located near many historic sites in Beaumont. Approximately one block away from the house sits the historical Westminister Presbyterian Church; one of the earliest gathering places for church services in Beaumont. Also nearby is the Fire Museum which is the site where the first fire department hook and ladder company started. Additionally, the house sits approximately 3 blocks from Tevis Bluff, home.to Noah Tevis, the first legal land owner in Beaumont. Due to its location near the river, the house served as a boarding house for workers in the shipyard. Mr. Leggett states that the house has historical value because of its existence during the Civil War era in Port Arthur and because it was a part of Beaumont during the City's earliest days. According to the demolition office, the house was tagged on October 22, 2008. Soon after that, Mr. Leggett was given 150 days to bring the house up to minimum code. On June 2, 2009, the house was on the City Council agenda when a raze or repair order was issued. On June 9, 2009, a new work repair program was agreed upon, allowing an additional 150 days to repair the house. During that time, a partial roof was installed. On November 13, 2009, final notice before demolition was sent to Mr. Leggett for not complying with City Council's order or the work program. On that same date, a disconnect order was issued for utilities. On January 19, 2010, the City received a letter from Kelly Little with the Texas Historical Commission stating that she had determined that the house had historical value. A temporary restraining order has been granted to allow time for the City to consider an HC-L designation. The recommendation for denial is due to failure to follow City Council's order to make substantial repairs within the allotted 150 days. At a Historic Landmark Commission meeting held February 8, 2010, the Commission approved the request by a vote of 10:0. At a Joint Public Hearing held February 15, 2010, the Planning Commission recommended 3:2 to approve an HC-L (Historic Cultural-Landmark Preservation Designation) at 480 Magazine. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 480 MAGAZINE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by establishing an HC-L (Historical-Cultural Landmark Preservation) Designation for property located at 480 Magazine, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - i File 54-HC: Request for an HC-L (Historic Cultural-Landmark Preservation Designation). Location: 480 Magazine Applicant: John Leggett 0 50 100 200 Feet I i I I �''•, Legend H� '�• 54HC HAZEL AVE HI Z D Z N H/ GC-MD MAGAZINE ST D Z LI C L1 L1 --► GC-MD _ N --1 EXHIBIT "A" a E y�1 i � iillil� .k yya 3 �I� s t s JE ti, , 3 March 2,2010 Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVII Project for"extra work" HIGH WITH OPPORTUNITY r T - E • X . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: March 2, 2010 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVII Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVII Project amount by $194,944. The proposed changes to the contract will rehabilitate approximately 2,843 linear feet of 6-inch sanitary sewer lines, rehabilitate approximately 2,247 linear feet of 8-inch sanitary sewer lines, rehabilitate approximately 641 linear feet of 10-inch sanitary sewer lines, furnish and install three manholes, remove and replace 12 manholes, furnish and install three end of line cleanouts, replacement of 84 4-inch short side service connections, replacement of two 6-inch short side service connections, clean and televise 5,731 linear feet of existing lines, post televise 5,731 linear feet of rehabilitated lines, and increase the contract time by 80 calendar days. The additional days increases the total contract time to 280 calendar days. The proposed extra work will represent an increase of 24.71% of the original contract amount. The proposed extra work is located in Old Town on Ashley, Long, and Harrison Avenues, west of 11d' Street on Louisiana Avenue, and north of Folsom on Kipling Drive. BACKGROUND The existing sewer lines built in the 1940's, 1950's, and 1960's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the state. Previous actions include: Resolution 10-007 in the amount of$788,933.00 was passed by City Council on January 12, 2010. Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVII Project March 2, 2010 Page 2 of 2 This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One DATE: February 24,2010 PROJECT: City of Beaumont,Texas Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XVII OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Horseshoe Construction,Inc. 2309 S.Battleground Rd. LaPorte,Texas 77571 TO THE OWNER: Approval ofthe following contract change is requested. Reason for Change: To furnish all necessary labor,materials,and equipment to rehabilitate approximately 2,843 linear feet of 6-inch sanitary sewer lines,approximately 2,247 linear feet of 8-inch sanitary sewer lines,and approximately 641 linear feet of 10-inch sanitary sewer lines.Furnish and install three manholes,remove and replace 12 manholes,furnish and install three end of line cleanouts, replacement of 84 4-inch short side service connections, replacement of two 6-inch short side service connections, clean and televise 5,731 linear feet of existing sanitary sewer lines, and post televise 5,731 linear feet of rehabilitated lines. ORIGINAL CONTRACT AMOUNT: $ 788,933.00 THIS CHANGE ORDER Description: Net Change Furnish all necessary labor,materials,and equipment to rehabilitate approximately $ 54,017.00 2,843 linear feet of 6-inch sanitary sewer lines. Furnish all necessary labor,materials,and equipment to rehabilitate approximately $ 44,940.00 2,247 linear feet of 8-inch sanitary sewer lines. Furnish all necessary labor,materials,and equipment to rehabilitate approximately $ 16,025.00 641 linear feet of 10-inch sanitary sewer lines. Furnish and install three manholes. $ 4,500.00 Remove and replace 12 manholes. $ 19,200.00 Furnish and install three end of line cleanouts. $ 3,600.00 Replacement of 84 4-inch short side service connections. $ 39,900.00 Replacement oftwo 6-inch short side service connections. $ 1,300.00 Clean and televise 5,731 linear feet of existing sanitary sewer lines. $ 5,731.00 Post televise 5,731 linear feet of rehabilitated sanitary sewer lines. $ 5,731.00 TOTAL AMOUNT OF THIS CHANGE ORDER $ 194,944.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 983,877.00 CONTRACT TIME Original Contract Time: 200 Calendar Days Additional Time Requested: 80 Calendar Days Revised Contract Time per this Change Order: 280 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perfomr the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: Dr.Hani Tohme,P.E. City of Beaumont Horseshoe Construction,Inc. Water Utilities Director Owner Contractor Date: Date: Date: C.1W.,kfil ,Saui—'Sexsr`,f--XVII-Z Ch-,Or&,NO1SmallDivnarrAWnsXVll.xls RESOLUTION NO. WHEREAS, on January 12, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-007 awarding a contract in the amount of $788,933.00 to Horseshoe Construction, Inc., of La Porte, Texas, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVII Project; and WHEREAS, Change Order No. 1 in the amount of $194,944 is required for extra work to rehabilitate approximately 2,843 linear feet of 6-inch sanitary sewer lines and approximately 2,247 linear feet of 8-inch sanitary sewer lines and approximately 641 linear feet of 10-inch sanitary sewer lines, furnish and install three manholes, remove and replace 12 manholes, furnish and install three end of line cleanouts, replace 84 4-inch short side service connections, replace two 6-inch short side service connections, clean and televise 5,731 linear feet of existing lines, post televise 5,731 linear feet of rehabilitated lines, thereby increasing the contract time by 80 calendar days and increasing the contract amount to $983,877; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for extra work described above, thereby increasing the contract amount by $194,944 for a total contract amount of $983,877. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames 4 March 2, 2010 Consider approving the purchase of four(4) forty-five (45) cubic yard trailers for use by the Solid Waste Division 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: March 2, 2010 REQUESTED ACTION: Council consider approving the purchase of four(4) forty-five (45) cubic yard trailers for use by the Solid Waste Division. RECOMMENDATION The administration recommends approval of the purchase from STECO, Inc., of Enid, Oklahoma in the amount of$156,980. BACKGROUND The trailers are used by the Solid Waste Division for hauling heavy trash and debris. The trailers being replaced are ten(10)to fifteen (15)years old. Age and heavy use after Hurricanes Rita and Ike have rendered them unfit for further service. The old trailers will be disposed of according to the City's surplus property disposal policies. Bids were solicited from four(4) vendors. There were four(4) responses. Bid results were as follow: VENDOR TRAILER SAFETY TOTAL PER QTY EXTENDED BASE PRICE LED LIGHT TRAILER PRICE STECO, Inc. $39,020 ea $225 ea $39,245 ea 4 $156,980 Nick's Diesel Service, $40,400 ea $150 ea $40,550 ea 4 $162,200 Inc. UTEC $46,800 ea $700 ea $47,500 ea 4 $190,000 Custom Truck and $61,500 ea Included in $61,500 ea 4 $246,000 Equipment base price BUDGETARY IMPACT Funds are budgeted in the Solid Waste Fund. BID TAB FOR: Purchase of Four(4) Forty-Five(45)Cubic Yard Trailers BID NUMBER: MFO110-27 VENDOR Custom Truck and Equipment UTEC STECO Nick's Diesel Service,Inc. Ft.Worth,TX Lake Charles, LA Enid,OK Houston,TX 817-8474400 337-433-53361 580-237-7433 713-675-0243 DECRIPTION QTY PRICE EXT PRICE PRICE EXT PRICE PRICE EXT PRICE PRICE EXT PRICE Trailer 4 $61,500.00 $246,000.00 $46,800.00 $167,200.00 $39,020.00 $156,080.00 $40,400.00 $161,600.00 Mfg and Model Bid Left Blank UTEC-45D STECO SD2866 WFLT-2828-58-2 OPTIONAL EQUIP Stand-Two speed landing gear 4 INC $250.00 $1,000.00 $175.00 $700.00 $200.00 $800.00 Paint-Epoxy Master Primer 4 INC $1,100.00 $4,400.00 $900.00 $3,600.00 $250.00 $1,000.00 Safety-Flush Mount LED light 4 INC $700.00 $2,800.00 $225.00 $900.00 $150.00 $600.00 Mfg and Model Bid Left Blank Left Blank Grate/SuperNova TruckLite 92565Y Total Bid $61,500.00 246,000.00 $48,850.00 $195,400.00 $40,320.00 $161,280.00 $41,000.00 $164,000.00 Delive 6-8 weeks Left Blank 90 Days ARO 90-120 DAYS Warranty 1 year 1 year 1 yearl 1 year RESOLUTION NO. WHEREAS, bids were solicited for the purchase of four(4)forty-five (45) cubic yard trailers for use by the Solid Waste Division; and, WHEREAS, STECO, Inc., of Enid, Oklahoma, submitted a bid in the amount of $156,980; and; WHEREAS, City Council is of the opinion that the bid submitted by STECO, Inc., of Enid, Oklahoma, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by STECO, Inc., of Enid, Oklahoma, in the amount of $156,980 for the purchase of four (4) forty-five (45) cubic yard trailers be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - 5 March 2, 2010 Consider approving a contract for the purchase of fire protective clothing K[t:H WITH OPPORTUNITY BEA,UMON* 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: March 2, 2010 REQUESTED ACTION: Council consider the award of a contract for the purchase of fire protective clothing. RECOMMENDATION The Administration recommends the award of a contract to Fuego International, LLC of Austin in the estimated amount of$145,880. BACKGROUND The Fire Department has wear-tested several brands of fire protective clothing and has determined that the Morning Pride Manufacturers line offers ease of movement, excellent protection for fire fighters, and best value to the City. The clothing is made of fire retardant materials to provide protection from burns and exposure to hazardous chemicals during fire fighting operations. The materials are also blood-borne pathogen resistant. Estimated annual cost is based on the purchase of seventy(70) sets of protective clothing. This estimated quantity may be increased or decreased according to the needs of the department. During the past fiscal year, seventy-six(76) sets of protective clothing were purchased for $1,882.00 per set from Fuego International, LLC of Austin, for a total of$143,032. Bids were solicited from seven (7) authorized Morning Pride distributors. Two (2) bidders responded with Fuego International, LLC being the low bidder with a price of$2,084 per set. Fuego is the current holder of this contract. Annual Contract for Purchase of Fire Protective Clothing March 2, 2010 Page 2 Vendor Qty Unit Price per set Total Price Fuego International, LLC 70 $2,084.00/Set $145,880.00 Austin, TX Honeywell First Responder 70 $4,621.12/Set $323,478.40 Dayton, OH BUDGETARY IMPACT Funds are available for this expenditure in the Fire Department's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for a contract for the purchase of fire protective clothing for firefighters; and, WHEREAS, Fuego International, LLC of Austin, Texas, submitted a bid for an estimated quantity of 70 sets at $2,084.00 per set for an estimated annual cost of $145,880.00; and; WHEREAS, City Council is of the opinion that the bid submitted by Fuego International, LLC of Austin, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Fuego International, LLC of Austin, Texas, for the purchase of an estimated quantity of 70 sets of fire protective clothing for firefighters at $2,084.00 per set for an estimated annual cost of $145,880.00 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - I 6 March 2,2010 Consider approving a resolution certifying that Urgent Need conditions exist as a result of Hurricane Ike RICH WITH OPPORTUNITY 11EA [1M0N* T • E `. x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager L f� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: March 2, 2010 REQUESTED ACTION: Council Consider authorizing a resolution certifying that Urgent Need conditions exist as a result of Hurricane Ike. RECOMMENDATION The Administration recommends approval. BACKGROUND: As a result of Hurricane Ike, homes, businesses and City facilities sustained damage or failed to function properly. Many residences, especially those owned and/or occupied by low and moderate income persons continue to be damaged. As after Hurricane Rita, funds from the Housing and Urban Development Department (HUD) and the Federal Emergency Management Agency(FEMA) were made available for repairs and reconstruction of homes, as well as City facilities. In order to expedite the availability of similar funds for Hurricane Ike, the Southeast Texas Regional Planning Commission(SETRPC) is requesting that the City consider authorizing a resolution certifying that an Urgent Need exists for this type of assistance. HUD requires that Urgent Need issues be identified within eighteen (18) months of an occurring event. Attached is the request from the Southeast Texas Regional Planning Commission, the Urgent Need National Objective Form and the proposed resolution. BUDGETARY IMPACT No local match would be required for housing funds. A local match may be required for non- housing funds, but this determination has not yet been made by HUD and the Texas Department of Housing and Community Affairs(TDHCA). r O da February 11, 2010 TO: Southeast Texas Emergency Management Coordinators PRESIDENT SHIRLEY BONNIN FROM: Shanna Burke,Disaster Recovery Division Director Mayor Pro Tern City of West Orange SUBJECT: Urgent Need Certification Form 1st VICE-PRESIDENT EVERETTE"BO"ALFRED County Commissioner The South East Texas Regional Planning Commission(SETRPC) is requesting your help Jefferson- with an activity needing to be completed in a short period of time. By Friday,March 5, KEN PELT E-PRES PRESIDENT 2010, the SETRPC needs the attached Urgent Need National Objective Form filled out County Commissioner by each city and county in the Southeast Texas region. After completion, this form will Hardin County need to be signed by the Chief Elected Official(Mayor or County Judge)of each city or 3rd VICE MRINT D NT county and a resolution will need to be passed by each City Council or Commissioner's County Commissioner Court certifying that urgent conditions exist in that area. Orange County TREASURER NSON The need for the form stems from the region's Hurricane Ike Community Development Mayor Block Grant(CDBG)Disaster Recovery (DR)funding. All activities funded must be City of Port Neches directly related to one of the Department of Housing and Urban Development's(HUD) SECRETARY three National Objectives. Those objectives are: FRED WILLIAMS Mayor City of Kountze Benefits to low- and moderate- income(LMI)persons LEGAL COUNSEL • JOE ALFORD • Aid in the prevention or elimination of slums or blight(demolition activities) City of west orange . Meet a need having a particular urgency(Urgent Need) Typically, Urgent Need issues must be identified within 18 months of an occurring event. As it relates to Hurricane Ike, that date is Thursday, March 11, 2010. In order for cities, counties and the SETRPC to utilize the Urgent Need National Objective and to be able to serve clients with needs that are not considered to be LMI or slum or blight, certification of the fact that urgent need exists is required. Due to the widespread affect of Hurricane Ike,the most comprehensive method is an area certification at the city level for incorporated areas and county level for unincorporated areas. EXECUTIVE SHAUN P.DAV SECTOR your help with this endeavor is greatly appreciated. The completed,signed form and a 2210 Eastex Freeway resolution are due to the SETRPC by 3:00 p.m.,Friday,March 5,2010. Forms can Beaumont,Texas 777034929 be sent to the attention of either Sue Landry or Robert Grimm at SETRPC,2210 Telephone(47-0 8998444 Eastez Freeway, electronically,e-mail to FAx(4os>347-0138 y,Beaumont,77703. If sendin electronics) set pc.org slsndry httpJMNUw.setrpc. na,se"c.=or rF_rimm(&mVryc.orP_or fax(409)899-0826. Should you have q uestions about any information include d,p lease call Sue Landry at(409) 899-8444, ext. 7514 or Jennifer Barclay at(409) 899-8444, ext. 6305. Texas Department of Housing and Community Affairs Community Development Block Grant (CDBG) Disaster Recovery Program WAR7t1NIYV URGENT NEED NATIONAL OBJECTIVE FORM Grant Number: 7009 Subrecipient: South East Texas Regional Planning Commission Service Area#&Project Name:City of Beaumont,Texas To comply with the national objective of meeting community development needs having a particular urgaxy,an activity must be designed to alleviate existing conditions which the local government certifies and state determines(1)pose a serious and immediate threat to the health or welfare of the community, (2)or recent origin or recently became urgent, (3)the grant recipient is unable to finance the activity on its own,and(4)other sources of funding are not available to carry out the activity. A condition will generally be considered to be of recent origin if it developed or became critical within 18 months preceding the state grant recipient certification. Please refer to 24 CFR 570.483(d),See the HUD Guide to National Objectives and Eligible Activities for State CDBG Program for further information. 1. The local government must certify and provide documentation that the activity tD be conducted under the urgent need national ob' ive meets all of the following: • Poses a serious and immediate threat to the health or welfare of the community. • Is of recent origin or recently became urgent(i.e., local government must have identified it as an urgent need during or inxrhediate following the disaster). • The local government is unable to finance the activity its own. • No other sources are funding are available to carry out the act 2. Enter the date that the need was identified as urgent: March 2 2010 3. Enter the name and title of the individual who made the Kyle Hayes,City Manager determination that the conditions were urgent: 4. Describe the location where the urgent conditions existed(i.e.,city,county,streets, service area,etc.): Impacts from Hurricane Ike on housing and businesses were citywide. With regard to City facilities that were damaged or failed to function,they include: Caldwood Outfall(drainage);Southpark Lateral(drainage);and, Fire Station#2(building). 5. Describe the nature and degree of seriousness of the conditions requiring assistance, including persons or neighborhoods affected by the conditions: Citywide impacts from Hurricane Ike resulted in damage to approximately 3,900 single-family residences and approximabely 295 commercial buildings. Many of these residences are owned and/or occupied by low and moderate income persons. A current tour of the city continues to show hurricane damage, "blue roofs"and now-vacant structures. Apart from persons continuing to live in dangerous situations caused from damaged structures,ongoing damage will result in deteriorating property values of surrounding structures, leading to slum and blight. Whether uninsured or under-insured, many structures continue to be damaged. With regard to drainage improvements,these systems failed to function, increasing flooding and risk of flooding City building were either damaged or failed to function properly. 6. Describe the timing or the development of the conditions: Ike struck on September 13, 2008. Many occupied structures continue to be occupied, many by elderly, low and moderate income persons. Urgent initiation of this program is needed to help individuals secure a safe, decent living condition. City buildings that were damaged or failed to function during and immediately after the storm,continue to be in need of improvement. 7. Describe how the activity to be funded by CDBG will alleviate the urgent condition: HUD funding would be distributed in cooperation with the Southeast Texas Regional Planning Commission(SETRPC). Income and program eligibiiity would be determined and then work would be funded to conduct repairs,reconstruction or demolition in accordance with all City,TDHCA and HUD rules and regulations. As we approach the 2010 hurricane season,the need for facilities such as the Fire Department building and flood aleviation improvements continue to be needed. 8. Indicate why there are no other resources available to address the need(i.e.,does not qualify for FEMA assistance, not covered by insurance, etc.): As in Hurricanes Katrina, Rita and other disasters, many residences,especially low and moderate income and/or elderly persons are uninsured or under-insured and often, FEMA assistance cannot bridge the gap to repair or reconstruct their homes. As after Rita, HUD funding was critical to provide assistance needed to provide safe,decent housing for those impacted by the disaster. Budget constraints currently limit the City's ability to make the type of improvements to public facilities,outlined here. 9. List the documentation that the local government can provide to show that the conditions are urgent(i.e.,resolution of the local governing body, photographs of conditions,notice from Health Department or other agency,code enforcement documentation, resolution of the local governing body acknowledging the threat to the community,etc.). Return this form along with copies of the documentation to the Depardnent. Attached is a City Council Resolution certifying the Urgent Need conditions. Also attached are Initial Damage Estimates conducted immediately following Hurricane Ike as well as a list of public projectes requested. Also, referrenced is Action Plan submitted by the Southeast Texas Regional Planning Commission and its amendment,outlining damage estimates from FEMA and other sources. By signing below, I certify that the activities funded under the Urgent Need national objective meet the criteria stated in number 1. Above: Signature of Chief Elected Official Date Printed Name of Elected Official Title A RESOLUTION CERTIFYING URGENT NEED CONDITIONS WITHIN THE CITY OF NOWHERE WHEREAS, the Southeast Texas Region was adversely affected by the landfall of Hurricane Ike, September 13, 2008; and WHEREAS, the City of Nowhere is located in the Southeast Texas Region, and WHEREAS,there are urgent conditions related to Hurricane Ike damage within the City of Nowhere; and WHEREAS, the urgent conditions in the City of Nowhere pose a serious and immediate threat to the health and welfare of the community; and WHEREAS, the need is of recent origin or recently became urgent; and WHEREAS, the City of Nowhere is unable to finance activities on its own; and WHEREAS, no other sources of funding are available to carry out activities. NOW THEREFORE BE IT RESOLVED: That the City of Nowhere certifies an urgent need exists that is a threat to the health and welfare of the community. That this Resolution is endorsed and passed by the City Council of the City of Nowhere on this day, February 11, 2010. Mr. City Mayor Mayor, City of Nowhere ATTEST: Mr. City Councilman City Councilman, City of Nowhere RESOLUTION NO. WHEREAS, the Southeast Texas Region was adversely affected by the landfall of Hurricane Ike on September 13, 2008; and WHEREAS, the City of Beaumont is located in the Southeast Texas Region; and WHEREAS, there are urgent conditions related to Hurricane Ike damage within the City of Beaumont; and WHEREAS, the urgent conditions in the City of Beaumont pose a serious and immediate threat to the health and welfare of the community; and WHEREAS, the need is of recent origin or recently became urgent; and WHEREAS, the City of Beaumont is unable to finance activities on its own; and WHEREAS, no other sources of funding are available to carry out activities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont certifies an urgent need exists that is a threat to the health and welfare of the community. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - 7 March 2, 2010 Consider amending Section 21-8 of the Code of Ordinances related to longevity pay 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 MEETING DATE: March 2, 2010 REQUESTED ACTION: Council consider amending Section 21-8 of the Code of Ordinances related to longevity pay. RECOMMENDATION Administration recommends Council amend Section 21-8, Longevity Pay, of the Code of Ordinances to discontinue longevity pay for civilian employees hired after March 2, 2010. BACKGROUND Presently Section 21-8 of the Code of Ordinances states: "Each regular full-time employee with five (5) or more years of service will be paid longevity pay at the rate of four dollars ($4.00) per month for each year of service up to and including twenty-five (25) years. Such pay shall be computed only on the basis of continuous, unbroken service." Proposed language to be added: "Longevity pay will not be paid to civilian employees hired on or after March 2, 2010." The City is currently undergoing a review of revenues, expenditures and practices as it relates to current and future sustainability. In FY 2009, the City paid$297,651.52, in longevity pay to current civilian employees who qualify to receive it. The purpose of longevity pay in the past was to supplement an employee for experience and years of service and also to maintain long-term employment and staffing levels. Under current hiring practices a new hire's starting salary is a reflection of skills, abilities, and experience; therefore, tenure in a specified field is already included in the salary offer. In addition, the City has not been experiencing a high turnover rate in recent years and longevity pay is not a benefit that is a recruiting tool. Therefore, the longevity pay is no longer necessary in the City's recruitment and retairment of employees. While there is no savings to the City in the short-term for discontinuing longevity pay for new employees, there will be long-term savings for future budgets. Longevity Pay March 2, 2010 Page 2 BUDGETARY IMPACT There is no budgetary impact or savings for the first five years after discontinuing longevity pay. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 21, ARTICLE I, SECTION 21-8, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO DISCONTINUE LONGEVITY PAY FOR CIVILIAN EMPLOYEES HIRED AFTER MARCH 2, 2010; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT Section 1. THAT Chapter 21, Article I, Section 21-8, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 21-8. Longevity pay. Each regular full-time employee with five (5) or more years of service will be paid longevity pay at the rate of four dollars ($4.00) per month for each year of service up to and including twenty-five (25) years. Such pay shall be computed only on the basis of continuous, unbroken service. Longevity pay will not be paid to civilian employees hired on or after March 2, 2010. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - 8 March 2,2010 Consider Consider approving a resolution accepting the Full Depth Concrete Rehabilitation Project, approval of Change Order No. 1 and final payment I RICH WITH OPPORTUNITY City Council Agenda Item r C ► � T E - X - A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: March 2, 2010 REQUESTED ACTION: Council consider a resolution accepting the Full Depth Concrete Rehabilitation Project. RECOMMENDATION The Administration recommends acceptance of the Full Depth Concrete Rehabilitation Project, approval of Change Order No. 1 in the amount of($100,700.58) and final payment in the amount of$223,774.55 to Allco, LTD. BACKGROUND On May 13, 2008, City Council awarded Allco, LTD. the contract for the Full Depth Concrete Rehabilitation Project for an amount of$4,280,266.65. The work performed in this contract involved the removal of large sections of concrete streets the full depth (thickness) of the pavement. Depending on the street, the depth ranged from 6 to10 inches. This project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents. Change Order No. 1 in the amount of($100,700.58) is required to adjust the quantities actually used during the performance of the project, decreasing the contract amount to $4,179,566.07. The MBE goal was met by subcontracting with the MBE firms of Highway Pavement Specialties and Crabtree Barricades in the amount of $166,783.52 representing 4.0% of the final contract amount. BUDGETARY IMPACT Funds are available in the Capital Program. CI'T'Y OF BEAUNIONT PUBLIC WORKS DEPART►iiMEN"l' CONTRACT'OR'S AFFIDAVIT OF BILLS PAID STATE OF TEXAS COUNTY OF JEFFERSON Before nle, the undersigned authority, on this day personally T.W. HARRISON Who, being duly sworn, oil oath, says that lie Is a legal relneScntative of ALLCO that the contract for the construction ol`the project designated as FULL DEPTH CONCRETE REPAIRS has been satisfactorily completed and that all bills and accounts for materials,equipment,supplies, machinery and labor used in connection with the Construction of this project haec,to the best of his knowledge and belief, been fully paid, except such bills for which claims have been tiled with the City of Beaumont, Texas. f Name T.W. HARRISON PRESIDENT Title '---- Sworn and subscribed to before me ihi� 4TH- d,ry of-FEBRUARY XNM 2010 (VIM" . Notary l'ubh�' in and for r crf-;�l;•t.orzu Notary Public,Stale Of Texas t 1 vrFa tiv` My(,01111mi9sion Expires t ___ JEFFERSON County, Texas CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION FULL DEP'T'H CONCRETES REPAIR Pt2O'MCT NAME CERT.IFIEDMBE CTOR ADDRESS TPPE OF WORK AGREED PRICE CRAB E BARRICADES BEAUMONT TEXAS BARRICADES HIGHWAY PAVEMENT $ 150,292.52 SPECIALTIES HOUSTON TEXAS SAW, SEAL CONCRE'T'E $151,491 .00 I The undersigned will enter into a formal agre Of a contract with the City of Beaumont. ement With"ME Contractors for work listed in this schedule conditioned upon execution NOTE: I. This schedule should be submitted with your bid_ . ALLCO, LLC � T.W. HARRISON SIGNATURE PRESIDENT TITLE 33c RESOLUTION NO. WHEREAS, on May 13, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-150 awarding a contract in the amount of $4,280,266.65 to Allco, LTD, for the Full-Depth Concrete Rehabilitation Project; WHEREAS, Change Order No. 1 in the amount of ($100,700.58) is required to adjust estimated quantities to match quantities actually used, thereby decreasing the contract amount to $4,179,566.07; and WHEREAS, the project has been inspected and completed in accordance with the terms and conditions of the contract and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of($100,700.58), thereby decreasing the contract amount to$4,179,566.07. BE IT FURTHER RESOLVED THAT the completed Full-Depth Concrete Rehabilitation Project be and the same is hereby accepted. BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $223,774.55 to Allco, LTD. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames - 9 March 2,2010 Consider approving two annual contracts for the publication of legal notices 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: March 2, 2010 REQUESTED ACTION: Council consider authorizing the award of two annual contracts for publication of legal notices. RECOMMENDATION The Administration recommends the award of a primary contract to The Examiner and a secondary contract to the Beaumont Enterprise in a total estimated amount of$40,000. BACKGROUND The publication of legal notices is utilized by various City departments and divisions, such as City Clerk, Convention and Visitors Bureau, Housing, Purchasing, Engineering, Capital Projects, Water Utilities and Planning and Zoning to meet various notification requirements as dictated by law. Last year the City spent approximately $72,300 on legal notices with the Beaumont Enterprise. The City Clerk's office handled 159 legal notices in FY2009. Currently, legal notices are posted primarily on Wednesdays, with other days of the week also being utilized, as needed. Although The Examiner does have a classified section, it does not currently include legal notices, but intends to implement this section within one week after notification of award. All City legal notices that are currently posted on Wednesdays will be changed to posting on Thursdays and placed with The Examiner. Legal notices that may be required to run on any other day would be published in the Beaumont Enterprise. Therefore, the great majority of the legal notices will be published in The Examiner. Publication of Legal Notices March 2, 2010 Page 2 Bids were solicited and two (2) responses were received. The responses are as follows: Description The Examiner Beaumont Enterprise Newspaper with circulation Per column inch Per column inch of 50,000 or more Daily Rate No response $2.15 Sunday Rate No response $2.59 Newspaper with circulation Per column inch Per column inch under 50,000 Daily Rate No response No response Sunday Rate No response No response Weekly $1.00 Not applicable Description Answer Answer Current Circulation Total 39,999 or less 50,000 + Classified Advertisement Thursday M, T, W, Th, F, Sa, Su day(s) of publication BUDGETARYIMPACT Funds are included in the operating budgets of the various user departments and divisions. As a result of these two contracts, the City should realize a cost savings of approximately$30,000. RESOLUTION NO. WHEREAS, bids were received for a one (1) year contract for publication of legal notices by various City departments; and WHEREAS, The Examiner and the Beaumont Enterprise submitted bids as follows for an estimated amount of $40,000 collectively: Description The Examiner Beaumont Enterprise Newspaper with Per column inch Per column inch circulation of 50,000 or more Daily Rate No response $2.15 Sunday Rate No response $2.59 Newspaper with Per column inch Per column inch circulation under 50,000 Daily Rate No response No response Sunday Rate No response No response Weekly $1.00 Not applicable Current Circulation Total 39,999 or less 50,000 + Classified Advertisement Thursday M, T, W, Th, F, Sa, Su day(s) of publication and WHEREAS, City Council is of the opinion that the bids submitted by The Examiner and the Beaumont Enterprise should be accepted as primary and secondary contracts, respectively; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids submitted by The Examiner and the Beaumont Enterprise for a one (1) year contract for the publication of legal notices for use by various City departments as shown above be accepted by the City of Beaumont as primary and secondary contracts, respectively. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of March, 2010. - Mayor Becky Ames -