HomeMy WebLinkAboutPACKET OCT 19 2010 RICH WITH OPPORTUNITY
BEA,UMON*
T - E - % - A - 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 19,2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes - October 12,2010
* Confirmation of committee appointments
Marvin Brailsford would be appointed to the Civil Service Commission. The term would
commence October 19,2010 and expire October 18,2013. (City Manager Kyle Hayes)
A) Approve a three-year contract for Security Guard and Event Staff services
B) Approve an annual contract for asphaltic pavement milling
C) Approve a two-year contract for automated teller machines
D) Amend Resolution No. 10-241 authorizing the settlement of the claims of Douglas
Kibodeaux and Rebecca Chism in the lawsuit styled Eric Kvarme,et al vs. The City of
Beaumont, et al
E) Authorize the settlement of the lawsuit styled City of Beaumont v. Attorney General v.
Hearst Corporation
RICH WITH OPPORTUNITY A
[1EA,111"ImON*
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: October 19, 2010
REQUESTED ACTION: Council consider authorizing the award of a three-year
contract for Security Guard and Event Staff services.
RECOMMENDATION
The Administration recommends award of a contract to Patriot Security, Inc., of Nederland, for
Security Guard and Event Staff services for the Event Facilities and Libraries Department, in the
estimated annual amount of$101,358.35.
BACKGROUND
Temporary staffing services are required by the Event Facilities and Libraries Department for
special events held at various locations including the Civic Center,Julie Rogers and Jefferson
Theaters, and other venue. These temporary staff members include security guards, ushers,ticket
takers, and temporary staff supervisors that aid in equipment and property security as well as
citizens' safety and enjoyment of approximately 105 special events. Each event has a unique set
of staffing requirements. Factors including the location and type of event being held,the size of
the expected crowd and the event promoters's specific needs dictate the number of temporary
staff positions to be filled as well as the number of hours to be worked at each event. Event
promoters are responsible for all costs associated with temporary staffing.
Bids were solicited from eleven(11) staffing and security companies. Seven(7) companies
responded with bids indicating the hourly rate charges for typical staff positions. The bid
submitted by Signal 88, Inc., did not meet specifications due to an incomplete submission of bid
documents. The quoted hourly rates were applied to four(4)model events. The models were
reflective of typical staffing levels required at events held at the various venue. A bid tabulation
of the results follows:
Security Guard and Special Event Staffing Contract
October 19,2010
Page 2
i r e iti r id, s #A
= nitua�
Patriot Security, Inc. $101,358.35
Nederland
CSS USA, Inc. $121,025.00
Houston
Tenable Protective Service, Inc. $129,333.10
Houston
Safety First, Inc. $136,791.90
Beaumont
Loftin Staffing, Inc. $137,178.70
Beaumont
Allen&Allen Security, LLC $145,930.00
Houston
Signal 88, Inc. (Rejected) $97,345.00
Beaumont
The contract term is three (3)years with annual percentage increases based on the Consumer
Price Index for all Urban Consumers (CPI-U) for the Houston-Galveston-Brazoria areas.
BUDGETARYIMPACT
The cost of Security Guard and Event Staff services are reimbursed by event promoters.
am■■I'm OFFOSTUNIVT CITY OF BEAUMONT,MMMONT,TEXAS
BEAUMOWPURC"AIliNG DIVISION BID TABULATION
Bid Now TrlAnnual Contract for Guard Services
Bid Number: BFO i"I
Bid Opening: Wednesday,October 06,2010
Contact Person: Robert(Bob)Haller,Buyer II
rtwl larAci.bea unont.N.us
Phone: 4054803758
Vendor CSS USA Tenable Protective Safety First
city/State ;. " Ada,MI Houston Beaumont
Phone or Fax No. (886)482-7786 (281)5832702 (40B)86Z-4501
ITEM t7ESC Year ' - Per Event Total Per Event Total Per Event Total
1 Concert at 5 2.S65.00 $12,825.00 $2.741.02 $13.705.10 $2.888.34 $14.441.70
Julle R ers ant 40 1 30500 S .00 1.32 6.852.80 .6 $59.144.80
3 arson T er Event 20 375. 27 S00.00111 498.52 9 970.4 1.564.07 31 281.40
4 ivic Center ent 712. 2 0.1 8 804.80 S 798.10 $31,924.00
0—
Vendor LOW Stalttrp Allen 3 Alen Signal Be
city/State Beaumont Houston Beaumont
Phone of Fax No. 8330800 14958257 40g 2765410
DESC
Per Year NParEvent T P Elrent To Per Event Total Concert v 14 3 4.10 94.00 15 .00 2 3 9. 11 7 500
u e ers vent 4 5 83. Mli. 63 0. 984. 39 3 .0 e arson T er Event 20 31 521.80 33 40.00 1 051.50 f21 030.00
Mc Center vent ,
o ,
on- es ive(Forms)
No Bid:Allegiance Security,GYS,BP Security,Black Hawk,)BK Security,Delta,National Guardian,Hollier's
RESOLUTION NO.
WHEREAS, bids were received for a three (3) year contract for security guard and
event staff services for the Convention Facilities and Libraries Department; and,
WHEREAS, Patriot Security, Inc., of Nederland, Texas, submitted a bid for an
estimated annual amount of$101,358.35 as shown below:
Item Description Per Year Per Event Total
1 Concert Event 5 $2,394.51 $ 11,972.55
2 Julie Rogers Event 40 $ 950.16 $ 38,006.40
3 Jefferson Theather Event 20 $1,287.41 $ 25,748.20
4 Civic Center Event 40 $ 640.781 $ 25,631.20
Total Bid $ 101,358.3
and,
WHEREAS, City Council is of the opinion that the bid submitted by Patriot Security,
Inc., of Nederland, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Patriot Security, Inc., of Nederland, Texas, for a three (3) year
contract for security guard and event staff services for the Convention Facilities and
Libraries Department in the amounts shown above, for an estimated annual amount of
$101,358.35, be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
i
B
RICH 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 OfficeriC/
MEETING DATE: October 19, 2010
REQUESTED ACTION: Council consider authorizing the award of a contract for
asphaltic pavement milling.
RECOMMENDATION
The administration recommends the award of an annual contract to Dustrol, Inc., of Fort Worth
with an estimated amount of$49,000 based on present estimated quantities.
BACKGROUND
The Streets and Drainage Department is responsible for the rehabilitation and restoration of City
streets. Pavement milling involves the mechanical removal of old asphalt from street surfaces
undergoing complete restoration. Dustrol,Inc.,will provide the equipment and manpower to
remove and haul off old asphaltic pavement according to City specifications. The City does not
own the equipment used for this operation, neither are any City employees trained in the
operation of such equipment.
Bids were requested for a one (1)year contract to provide equipment and services for the milling
of asphaltic pavement. Five (5)vendors were notified and two (2)bids received. Specifications
requested per square yard pricing for both quantity and type of work. Dustrol, Inc., was the low
bidder. Although Fort Worth based, Dustrol, Inc., has offices, equipment, and crews in the
Beaumont area and also holds similar contracts with the Cities of Port Arthur,Vidor and Sour
Lake. Bid tabulation is as follows:
Annual Contract for Asphaltic Pavement Milling
October 19,2010
Page 2
Description Dustrol,Inc. LD Construction
Fort Worth Beaumont
i
0-1,200 sq.yd $5.00/yd $4.00/yd
1,201 -3,600 sq.yd $2.00/yd $2.00/yd
over 3,601 sq.yd $1.10/yd $1.10/yd
° 4
0-1,200 sq.yd $7.00/yd $5.00/yd
1,201 -3,600 sq.yd $2.50/yd $3.75/yd
over 3,601 sq.yd $1.25/yd $2.25/yd
Total $49,000.00 $59,750.00
BUDGETARYIMPACT
Funds are available in the Capital Program for the asphaltic pavement milling which is used for
street rehabilitation. Should the actual quantities exceed the amount estimated above,the contract
would exceed $49,000.
Mon WIT.or.oao.gvT CITY OF BEAUMONT,BEAUMONT,TEXAS
BEAUMONPURCHASING DIVISION BID TABULATION
T - s - z - A - a
Bid Mom: Annual Contract for Asphad Pavement Milling
Bid Number: 8110810.82
Bid Opening: Wednesday,October 08,2010
Contact Person: Robert(Bob)Holiar, Buyer 11
rholiarici.beaum ont.tx.us
Phone: 409480-3758
Vendor p LD Construction
CIly/State Beaumont
Phone or Fax No, 409 868-7287
ITEM DEW CITY Unit Price Extended
fycm Prim
MNI 8 Sweep only 0-1200 sod 1000 = $ 4.00 $ 4,000.00
1200.3600 3000 $ 2.00 $ 6,000.00
Over 3600 10000 $ 1.10 $ 11,000.00
Total Section 1 21,
Mill,Swsep, Haul 0-1200 sod 1000 $ 5.00 $ 5,000.00
1200.3600 3000 mss.. $ 3.75 $ 11,250.00
Over 3800 1 10000
$ 2.25 $ 22500.00
Total 1
NOTE: AWARDED VENDOR 18 HIGHLIGHTED.
I
I
RESOLUTION NO.
WHEREAS, bids were solicited for a annual contract to provide equipment and
services for asphaltic pavement milling for the Streets and Drainage Department; and,
WHEREAS, Dustrol, Inc., of Fort Worth, Texas, submitted a bid in the unit
amounts shown below for an estimated annual expenditure of$49,000:
DESCRIPTION
Mill &Sweep Only
0-1,200 sq. yd $5.00/yd
1,201 - 3,600 sq. yd $2.00/yd
over 3,601 sq. yd $1.10/yd
Mill, Sweep & Haul Off
0-1,200 sq. yd $7.00/yd
1,201 - 3,600 sq. yd $2.50/yd
over 3,601 sq. yd $1.25/yd
Total $49,000.00
and
WHEREAS, City Council is of the opinion that the proposal submitted by Dustrol,
Inc., of Fort Worth, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Dustrol, Inc., for an annual contract to provide equipment and
services for asphaltic pavement milling, in the unit amounts shown above for an estimated
annual amount of $49,000, based upon present estimated quantities for the Streets and
Drainage Department be accepted by the City of Beaumont.
RICH WITH OPPORTUNITY
11EA,[1M0N*
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: October 19, 2010
REQUESTED ACTION: Council consider authorizing the award of a two-year
contract for automated teller machines.
RECOMMENDATION
The Administration recommends the award of a contract to Choice ATM Enterprises of
Arlington.
BACKGROUND
Continuing the City's goal of great customer service and convenience to our citizens, the Council
has approved contracts to expand acceptance of credit cards among service areas within the City,
accept credit cards by telephone, and expand the accessibility of online payments. In addition,
the City has migrated to direct deposit for paying employees. In order to provide more
convenience to customers and employees alike, Staff has researched and solicited proposals to
provide automated teller machines(ATM) in specific City-owned buildings. The locations
include City Hall, for payment of water bills,permits, etc., the Civic Center,to provide funds for
the cash-only concessions, and Municipal Court to allow access for payment of fines.
A Request for Proposal solicited responses from seven(7)vendors for ATM services. One(1)
response was received. After evaluating the proposal, it was recommended that the City enter
into a contract with Choice ATM Enterprises because of the fees and services being provided to
the City, including a monthly rent per location amounting to $4,800 per year for all locations, and
a 40%profit-share for all transaction fees received above the monthly rental fee. The customer
will be able to withdraw any amount up to $400 in a single transaction for a fee of$2.50. The
profit-share is 40% of the transaction fees received per location once the monthly rental fee is
met. The contract term is for two (2)years with the option to renew for three (3) additional one
(1)year periods.
Vendor Scoring is as follows:
Automated Teller Machines
Page 2
October 19, 2010
Possible Points Criteria Choice ATM Enterprises
Allowed
30 Scope of products 28
20 Quality of Services 19
50 Rent paid or profit sharing arrangement 48
100 Total Points 95
The respondent offers the following payment structure:
Rental Payment to the City of Beaumont
Location Payment per month
City Hall $150.00/Month
Civic Center $75.00/Month
Municipal Court $175.00/Month
Profit-sharing Arrangement
Location Percentage
City Hall 40.0%
Civic Center 40.0%
Municipal Court 40.0%
BUDGETARYIMPACT
The City will provide electricity and wireless internet to the three machines. Rental payments are
expected to more than cover this cost.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to Choice ATM Enterprises
of Arlington, Texas, to provide automated teller machines in the lobby areas of City Hall,
the Civic Center and Municipal Court, said contract being for a term of two (2) years with
the option to renew for three (3) additional one (1) year periods.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
D
RICH WITS OPPORTUNITY
IIEA,UMON*
T - E X - A - S City Council A enda Item
g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone Cooper, City Attornex'—�
MEETING DATE: October 19, 2010
REQUESTED ACTION: Consider a resolution amending Resolution No. 10-241
authorizing the settlement of the claims of Douglas
Kibodeaux and Rebecca Chism in the lawsuit styled Eric
Kvarme, et al vs. The City of Beaumont, et al.
RECOMMENDATION
Administration recommends approval of the amendment to the resolution authorizing the
settlement of the claims of Douglas Kibodeaux and Rebecca Chism. In the lawsuit styled Eric
Kvarme, et al vs. The City of Beaumont, et al in the amount of$52,500.00.
BACKGROUND
On September 21, 2010, the City Council passed Resolution No. 10-241 authorizing the
settlement of the claims of Douglas Kibodeaux and Rebecca Chism in the amount of$52,500.00.
The settlement discussion conducted in the Executive Session held on September 14,2010 did
not include, and the Council did not contemplate,releasing the BPOA and CLEAT from any
liability to indemnify the City arising out of the agreement of December 1, 2006,which has come
to be known as the Breaux Settlement Agreement. After further consideration,the City Council
discussed in an Executive Session held on October 12, 2010 the issues involving the release of
the BPOA and CLEAT from liability to indemnify the City arising out of the Breaux Settlement
Agreement. In light of these discussions,the Administration is requesting that the settlement
resolution be brought before Council for clarification.
BUDGETARYIMPACT
Funds are available in the Litigation Trust Fund to settle this suit.
I
RESOLUTION NO.
WHEREAS, the City Council, on September 21, 2010, by Resolution No. 10-241
authorized the settlement of the claims of Douglas Kibodeaux and Rebecca Chism in the
lawsuit styled Eric Kvarme, et al vs. The City of Beaumont, et all and;
WHEREAS, the resolution authorized the payment of$52,500.00 as the City's total
share of the settlement amount, and;
WHEREAS, the Council finds that it is not in the best interest of the citizens of the
City of Beaumont to release the BPOA and CLEAT from any future liability to indemnify the
City arising out of the December 1, 2006 Breaux Settlement Agreement as a condition of
the settlement;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby and
all things approved and adopted, and;
THAT the City Attorney be and he is hereby authorized to settle the claims of
Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Eric Kvarme, Derrick Fowler,
Douglas Kibodeaux and Rebecca Chism vs. The City of Beaumont. Texas. & The Civil
Service Commission of the City of Beaumont for the amount of$52,500.00.
BE IT FURTHER RESOLVED THAT Resolution No. 10-241 be amended to reflect
that this settlement does not release BPOA and CLEAT of and from any future liability to
indemnify the City arising out of the December 1, 2006 Breaux Settlement Agreement.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
BEA,UMON*
T - E X - A • s Ci Council A enda Item
tY g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone Cooper, City Attornepl�-_
MEETING DATE: October 19, 2010
REQUESTED ACTION: Council consider a resolution authorizing the settlement of
the lawsuit styled City of Beaumont v. Attorney General v.
Hearst Corporation
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled City of Beaumont v. Attorney General v. Hearst Corporation in the amount of$66,519.63
payable to Hearst and $381.40 payable to the Attorney General, contingent upon agreed-upon
documents and terms acceptable to the City.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on October 12,
2010. The City Attorney is requesting authority to settle this suit.
BUDGETARYIMPACT
There are sufficient funds in the General Fund to pay the settlement amount of$66,901.03.
RESOLUTION NO.
WHEREAS, the lawsuit of City of Beaumont v. Attorney General v. Hearst
Corporation has been discussed in an Executive Session properly called and held
Tuesday, October 12, 2010; and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of Cily of
Beaumont v.Attorney General v. Hearst Corporation in the amount of Sixty-Six Thousand
One Hundred Nineteen Dollars and 63/100 ($66,519.63) to Hearst and Three-Hundred
Eighty-One Dollars and 40/100 (381.40) to the Attorney General contingent upon agreed
upon documents and terms.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames-
RICH WITH OPPORTUNITY
IIEA,UMON*
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 19,2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-8/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending the Fiscal Year 2011 Budget to transfer funds to the
Municipal Airport Fund
2. Consider authorizing the City of Beaumont to receive funding in the amount of
$1,280,020 through the Department of Homeland Security Supplemental 2010
Port Security Grant Program(PSGP)and authorize the City Manager to enter into
a memorandum of understanding with Jefferson County related to the
administration of the grant
3. Consider authorizing the City of Beaumont to receive funding in the amount of
$980,000 through the Department of Homeland Security Supplemental 2008 Port
Security Grant Program(PSGP) and authorize the City Manager to enter into a
memorandum of understanding with Jefferson County related to the
administration of the grant
4. Consider authorizing the City Manager to enter into a contract with Jehovah Jireh
Village Community Development Center, Inc. for the use of$260,000 of 2010
HOME Program funds
5. Consider authorizing the City Manager to enter into a contract with Helbig
Community Development Corporation(CDC)for the use of$120,000 of HOME
Program funds
6. Consider authorizing the City Manager to enter into a contract with Helbig
Community Development Corporation(CDC) for the use of$100,000 of CDBG
funds
7. Consider authorizing the purchase of fiber-optic cable to replace outdated traffic
signal equipment
8. Consider approving an ordinance adopting a new Code of Ordinances for the City
of Beaumont
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:
Texas Department of Transportation(Airport Project Participation
Agreement, Contract No. 9XXAV069)
Claims against Westchester Surplus Lines Insurance Company and
Lexington Insurance Company for damages sustained as a result of
Hurricane Ike
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
October 19,2010
Consider amending the Fiscal Year 2011 Budget to transfer funds to the Municipal Airport Fund
RICH 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: October 19, 2010
REQUESTED ACTION: Council consider amending the Fiscal Year 2011 Budget.
RECOMMENDATION
Administration recommends Council approve a transfer of$1 Million from the General
Improvement Fund to the Municipal Airport Fund.
BACKGROUND
Since February of 2010,the City has collected $35.2 Million in oil&gas royalties from Cimarex
Energy. The monies have been accumulating in the General Improvements Fund and a certificate
of deposit has been purchased with each month's payment.
The South Hangar at the airport was damaged by Hurricane Ike. After reviewing the condition of
the structure, it has been determined that it needs to be demolished. The existing structure would
be replaced by a metal hangar with a reinforced slab, a fire alarm, an electrical panel and lighting,
and windstorm certification. The estimated price for the demolition and new hangar is $280,000.
The amount remaining after the demolition and new hangar will remain in the Municipal Airport
Fund for future maintenance and improvements.
BUDGETARY IMPACT
None.
I
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE
CITY OF BEAUMONT FOR THE FISCAL YEAR 2011 TO TRANSFER
$100,000,000 FROM THE GENERAL IMPROVEMENT FUND TO THE
MUNICIPAL AIRPORT FUND; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the Fiscal Budget of the City of Beaumont for the period commencing October
1, 2010,through September 30, 2011, be and the same is hereby amended to appropriate
and transfer the sum of $100,000,000 from the General Improvement Fund to the
Municipal Airport Fund.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
2
October 19,2010
Consider authorizing the City of Beaumont to receive funding in the amount of$1,280,020
through the Department of Homeland Security Supplemental 2010 Port Security Grant Program
(PSGP) and authorize the City Manager to enter into a memorandum of understanding with
Jefferson County related to the administration of the grant
RICH WITH OPPORTUNITY
T •BEA,* g UMON*• A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 19, 2010
REQUESTED ACTION: Council consider authorizing the City of Beaumont to
receive funding in the amount of$1,280,020 through the
Department of Homeland Security Supplemental 2010 Port
Security Grant Program(PSGP) and authorize the City
Manager to enter into a memorandum of understanding
with Jefferson County related to the administration of the
grant.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Homeland Security Grant Program consists of a number of grant programs, one of which is
the Port Security Grant Program(PSGP). This grant can be utilized to enhance the security of the
Port of Beaumont and the agencies that support it since the Port is designated as critical to
national infrastructure. Funding was requested for two projects totaling$1,280,020. A maximum
amount of $1,000,000 of the award will allow for renovations on the 3`a floor of the EOC and
911 Operations Center. Plans include new restroom and shower facilities, as well as sleeping
quarters to enhance critical employee and first responder sheltering capacity. The balance of the
award or$280,020, will be used to add and replace radios where necessary in Police, Fire and
EMS.
2010 PSGP funding is provided to this region as a lump sum to be distributed to the eligible
agencies through one finance entity. Jefferson County assumed this fiduciary role at the request
of the U.S. Coast Guard. The memorandum of understanding formally describes each party's
responsibilities. The agreement is attached for your review.
BUDGETARY IMPACT
No match is required by the City.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive grant
funding in an amount up to $1,280,020 through the Department of Homeland Security
Supplemental 2010 Port Security Grant Program (PSGP).
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to enter into a memorandum of understanding with Jefferson County to facilitate
expenditure of the grant funding through the PSGP fiduciary process. The agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
INTER-GOVERNMENTAL AGREEMENT
BETWEEN
JEFFERSON COUNTY
AND
CITY OF BEAUMONT, TEXAS
STATE OF TEXAS
COUNTY OF JEFFERSON
This Agreement between Jefferson County Texas,hereinafter referred to as "County" and the
City of Beaumont, Texas hereinafter referred to as "City" is as follows:
WHEREAS,the County acts as the Fiduciary Agent for the 2010 Port Security Grant Program
hereinafter referred to as "2010 PSGP"administered by the Department of Homeland Security
and
WHEREAS,the City has submitted and received approval from the Area Maritime Security
Committee, Captain of the Port, and the Department of Homeland Security for the following
projects:
• Primary EOC 3`d floor renovation 1,000,000
• Communication Projects 280,020
Total $1,280,020
WHEREAS, One hundred percent(100%)of the project(s) cost up to a maximum of$1,280,020
is approved under the 2010 Port Security Grant Program.
THEREFORE,FOR AND IN CONSIDERATION of the mutual benefits flowing to the City
as well as the County as a result of the project
1. The County acting as Fiduciary Agent will draw down these funds from the 2010 Port
Security Grant Program and issue payment to the City
2. The City will ensure that project activities are in accordance with the 2010 PSGP.
3. The County shall fully and satisfactorily perform all of the conditions and obligations
as Fiduciary Agent under the terms of the 2010 PSGP.
4. The City will fully and satisfactorily perform all of its obligations under the
terms of this agreement.
EXHIBIT "A"
6. This is a good faith effort between the County and the City to accommodate and
assist the citizens of Jefferson County by providing the Sabine Neches Waterway
with security improvements and each of the entities hereto pledge their best efforts to
fulfill the obligation set forth herein this agreement.
COUNTY OF JEFFERSON:
WITNESS OUR HANDS effective this day of , 2010.
Ronald L. Walker, County Judge
ATTEST:
Carolyn Guidry, County Clerk, Jefferson County
WITNESS OUR HANDS effective this day of , 2010.
CITY OF BEAUMONT, TEXAS:
Becky Ames,Mayor
ATTEST:
City Clerk
3
October 19,2010
Consider authorizing the City of Beaumont to receive funding in the amount of$980,000 through
the Department of Homeland Security Supplemental 2008 Port Security Grant Program(PSGP)
and authorize the City Manager to enter into a memorandum of understanding with Jefferson
County related to the administration of the grant
RICH WITH OPPORTUNITY
[IEAUMON*
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: October 19, 2010
REQUESTED ACTION: Council consider authorizing the City of Beaumont to receive
funding in the amount of$980,000 through the Department
of Homeland Security Supplemental 2008 Port Security Grant
Program(PSGP)and authorize the City Manager to enter into
a memorandum of understanding with Jefferson County
related to the administration of the grant.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Homeland Security Grant Program consists of a number of grant programs, one of which is
the Port Security Grant Program(PSGP). This grant can be utilized to enhance the security of the
Port of Beaumont and the agencies that support it since the Port is designated as critical to
national infrastructure. Funding in the amount of$980,000 is requested for a quint fire truck.
This will benefit the city's ISO rating since there is currently only one other such vehicle in
operation. It provides fire response capabilities for high rise structures, as well as rescue ability
and fire protection from above and below grade with lifting/extrication capabilities.
2008 PSGP funding is provided to this region as a lump sum to be distributed to the eligible
agencies through one finance entity. Jefferson County assumed this fiduciary role at the request
of the U.S. Coast Guard. The memorandum of understanding formally describes each party's
responsibilities. The agreement is attached for your review.
BUDGETARYIMPACT
Total project costs are anticipated to be$980,000. Grant funding amounts to 75%,or$735,000,of
the total and the City has a required match of 25%,or$245,000,of the total. Funds for the required
match are included in the Capital Reserve Fund's FY 2011 Budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive grant
funding in an amount up to $980,000 through the Department of Homeland Security
Supplemental 2008 Port Security Grant Program (PSGP) for the purchase of a quint fire
response apparatus; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to enter into a memorandum of understanding with Jefferson County to facilitate
expenditure of the grant funding through the PSGP fiduciary process. The agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
I
INTER-GOVERNMENTAL AGREEMENT
BETWEEN
JEFFERSON COUNTY
AND
CITY OF BEAUMONT, TEXAS
STATE OF TEXAS
COUNTY OF JEFFERSON
This Agreement between Jefferson County Texas,hereinafter referred to as "County"and the
City of Beaumont, Texas hereinafter referred to as "City" is as follows:
WHEREAS,the County acts as the Fiduciary Agent for the 2008 Supplemental Port Security
Grant Program hereinafter referred to as "2008 PSGP" administered by the Department of
Homeland Security and
WHEREAS,the City has submitted and received approval from the Area Maritime Security
Committee, Captain of the Port, and the Department of Homeland Security for the following
project:
Quint Response Apparatus $ 980,000
Total 980,000
WHEREAS, Seventy five percent(75%)of the project(s) cost up to a maximum of$735,000 is
approved under the 2008 Port Security Grant Program.
THEREFORE,FOR AND IN CONSIDERATION of the mutual benefits flowing to the City
as well as the County as a result of the project
1. The County acting as Fiduciary Agent will draw down these funds from the 2008 Port
Security Grant Program and issue payment to the City
2. The City has budgeted and made available the twenty five percent(25%) cash match
as required by the 2008 PSGP.
3. The City will ensure that project activities are in accordance with the 2008 PSGP.
4. The County shall fully and satisfactorily perform all of the conditions and obligations
as Fiduciary Agent under the terms of the 2008 PSGP.
5. The City will fully and satisfactorily perform all of its obligations under the
terms of this agreement.
EXHIBIT "A"
6. This is a good faith effort between the County and the City to accommodate and
assist the citizens of Jefferson County by providing the Sabine Neches Waterway
with security improvements and each of the entities hereto pledge their best efforts to
fulfill the obligation set forth herein this agreement.
COUNTY OF JEFFERSON:
WITNESS OUR HANDS effective this day of , 2010.
Ronald L. Walker, County Judge
ATTEST:
Carolyn Guidry, County Clerk, Jefferson County
WITNESS OUR HANDS effective this day of , 2010.
CITY OF BEAUMONT,TEXAS:
Becky Ames, Mayor
ATTEST:
City Clerk
4
October 19,2010
Consider authorizing the City Manager to enter into a contract with Jehovah Jireh Village
Community Development Center, Inc. for the use of$260,000 of 2010 HOME Program funds
RICH WITH OPPORTUNITY
11EA11M0N*
T • E i. x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 19, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to enter into
a contract with Jehovah Jireh Village Community
Development Center, Inc. for the use of$260,000 of 2010
HOME Program funds for construction assistance and
development fee for thirteen(13)new homes.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
Jehovah Jireh Village Community Development Center, Inc. is requesting $260,000 to assist in
reducing the construction cost for thirteen(13)homes. These homes would be the latest constructed
in this thirty-six(36)home development phase. Each of the thirteen(13)homes would be allocated
up to $15,000 for foundation and site preparation and Jehovah Jireh, as a Community Housing
Development Organization(CHDO),would be eligible for up to $5,000 per home as a developer's
fee. This subsidy will allow the homes to be more affordable for the low-to-moderate income
families targeted by this program.
Jehovah Jireh Village is a multi-phase, single-family residential development located along Sarah
Street, near Fannett Road. The City has been a partner in this development, focused on home
ownership for low-to-moderate income families, within a decent and safe environment.
BUDGETARYIMPACT
Funding is available in the 2010 HOME Program.
Don?RWe in Someone Else's Boat...
Walk on Waterf"
jehovah Itreh Vilrage Community(Devekpment Center, Inc.
October 5, 2010
Kyle Hayes, City Manager
City of Beaumont
801 Main Street
Beaumont, Texas 77701
Dear Mr. Hayes:
The Jehovah Jireh Village Community Development Center, Inc. (JJV) is a non-profit organization that is dedicated to
improving our local community by constructing affordable housing in the Pear Orchard area of Beaumont, TX for low to
moderately income families.
Jehovah Jireh Village has successfully prepared and constructed homes for 15 families on Shalom Street and will soon
begin construction on Rohi Street. In order to maintain the quality of homes being built while keeping the price of the
construction affordable,we are requesting additional grant funds to construct 13 homes.
The requested funds are to be used as follows:
Site Preparation Developer's Fee Total Requested Grant
#of Homes Per Home Per Home Funds
13 $15,000.00 $5,000.00 $260,000.00
We would like to have an approval for these funds by the end of October 2010 so that we can continue to keep the
construction cost locked in with our current sub contractors and begin construction before the rainy season begins.
Thank you in advance for your consideration of this request and we greatly appreciate the continued support by the City of
Beaumont.
Sincerely,
John Adolph
Board President
cc: Johnny Beatty, Housing Manager
Chris Boone, Director—Community Development
P.O.Box 20214 Beaumont,TX 77720 409-659-5937 409-842-5006(Fax) ourfaithwalk @yahoo.com
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 contract with Jehovah
Jireh Village Community Development Center, Inc. in the amount of $260,000 for the
construction assistance and development fee for thirteen (13) new homes located within
Jehovah Jireh Village, said contract to be funded from the 2010 HOME Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
5
October 19,2010
Consider authorizing the City Manager to enter into a contract with Helbig Community
Development Corporation(CDC) for the use of$120,000 of HOME Program funds
RICH WITH OPPORTUNITY B• E . X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 19, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to enter into
a contract with Helbig Community Development Corporation
(CDC)for$120,000 of HOME funds for the acquisition and
rehabilitation of properties for lease.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds
from the U. S. Department of Housing and Urban Development(HUD) and has previously
awarded contracts for acquisition and rehabilitation of housing to be leased to eligible
low/moderate income families.
Upon execution of a contract, Helbig CDC will identify two-to-three (2-3)properties currently on
the market and submit them for the Administration's review process which includes satisfying
the program's lot specifications, environmental review, and code compliance. Eligible properties
will be acquired and rehabilitated, and leased to eligible low-to-moderate income families. Any
and all income received by Helbig for leased properties must be used toward the organization's
affordable housing activities. Housing Division staff will be responsible for monitoring Helbig
for HOME Program compliance.
BUDGETARYIMPACT
Funding is available in the 2010 HOME Program.
Helbig Community Development Corporation
"Dedicated to Empowering Individuals,Families,and the Community"
3495 Roland Road Beaumont,Texas 77708 TEL.NO.(409)892-2456 FAX NO.(409)892-2456
Dr.Airon Reynolds,Jr.,Executive Director Email:helbigcdc®aol.com
September 1, 2010
Mr. Kyle Hayes, City Manager
City of Beaumont
801 Main, Suite 300
Beaumont,Texas 77701
Dear Mr. Hayes;
The Helbig Community Development Corporation is a leadership, educational, and charitable
organization dedicated to the empowerment of individuals, families, neighborhoods, and communities. It
is an independent,nonpartisan,nonprofit corporation chartered under Texas Nonprofit Corporation Act. It
is tax-exempt under the Internal Revenue Service Code(50 1)(c)(3).
The mission of the Helbig Community Development Corporation, as stated in its charter and by-laws, is
offering decent affordable housing for low to moderate income individuals in Southeast Texas.
We are requesting 12%MQ of the CHDO set aside from the 2010 HOME Program Budget Year to
purchase and rehabilitate 3 houses. With the purchase and rehabilitation of the 3 houses, it will create the
apacrty or se�su ciency of our CHDO. Your immediate attention is greatly appreciation. If you
have any questions or concerns,please contact us at your earliest convenience.
Sincerely,
e;-1
Dr. Airon Reynolds, Jr.
Executive Director
Cc: Christopher Boone,Director of Community Development
Johnny Beatty, Program Director of Community Development
Helbig Community Development Corporation is a Non-Profit Corporation with IRS 501(c)(3)Tax-Exempt Status
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a contract with Helbig
Community Development Corporation(CDC) in the amount of$120,000 for the acquisition
and rehabilitation of properties for lease to eligible low-to-moderate income families, said
contract to be funded from the 2010 HOME Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
6
October 19,2010
Consider authorizing the City Manager to enter into a contract with Helbig Community
Development Corporation(CDC) for the use of$100,000 of CDBG funds
RICH WITS OPPORTUNITY
BEAUMO T . IC . x . , . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C3D
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 19, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to enter into a
contract with Helbig Community Development Corporation
(CDC) for the use of $100,000 of CDBG funds for the
construction of infrastructure for Phase One ofHelbig Estates.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
The City of Beaumont receives an annual allocation of Community Development Block Grant
(CDBG)funds from the U. S. Department of Housing and Urban Development(HUD) and has
previously awarded contracts for infrastructure in neighborhoods providing housing for low-to-
moderate income families.
Upon execution of a contract,Helbig CDC will, in conjunction with its engineer, construct the
street,water, sewer and drainage facilities for Phase One of Helbig Estates, located on Maida
Street. This first phase will consist of a new street to serve the first fourteen(14)lots of the
proposed thirty-two(32)lot subdivision. Attached is the layout of Helbig Estates and the
preliminary plat of Phase One. In accordance with our CDBG contract,these homes will be sold
to low-to-moderate income families. Any and all income received by Helbig for sold properties
must be used toward the organization's affordable housing activities. Community Development
Department staff will monitoring Helbig for CDBG Program compliance.
BUDGETARY EWPACT
Funding is available from the 2010 CDBG Program.
Helbig Community Development Corporation
"Dedicated to Empoweringlndividuals,Families,and the Community"
3495 Roland Road Beaumont,Texas 77708 TEL.NO.(409)892-2456 FAX NO.(409)892-2456
Dr.Airon Reynolds,Jr.,Executive Director Email:helbigcdc@aol.com
September 1, 2010
Mr. Kyle Hayes, City Manager
City of Beaumont
801 Main, Suite 300
Beaumont,Texas 77701
Dear Mr. Hayes,
The Helbig Community Development Corporation is approximately two weeks from the beginning of the
Helbig Estates Phase 1 on Maida Road.
We are making 2 requests:
1. Request the contract for $100,000 from the Community Development Block Grant(CDBG)
Program to be executed.
2. Request the Phase 1 Environmental be done by your staff to reduce upfront cost to make
mortgages affordable.
Again, we are grateful to have the City of Beaumont partner with us in making affordable housing and
homeownership actualized for much deserving, low to moderate income individuals.
Sincerely,
Dr.Airon Reynolds,Jr.
Executive Director
Cc: Christopher Boone,Director of Community Development
Johnny Beatty, Program Director of Community Development
Helbig Community Development Corporation L a Non-Profit Corporation with IRS 501(c)(3)Tax-Exempt Status
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BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a contract with Helbig
Community Development Corporation (CDC) for the use of$100,000 of CDBG funds for
the construction of infrastructure for Phase One of Helbig Estates.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
7
October 19,2010
Consider authorizing the purchase of fiber-optic cable to replace outdated traffic signal
equipment
RICH WITH OPPORTUNITY
BEA,U'MON*
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: October 19, 2010
REQUESTED ACTION: Council consider authorizing the purchase of fiber-optic
cable.
RECOMMENDATION
The Administration recommends the purchase of fiber-optic cable from Graybar Electric, of
Houston, in the amount of$122,832.85.
BACKGROUND
The City of Beaumont was awarded a grant to replace outdated traffic signal equipment, install
traffic signal communications and implement an Advanced Traffic Management System. The
fiber-optic cable is an essential component of traffic signal efficiency and vital to traffic
management. This cable will replace existing copper wiring within the signal network,providing
increased efficiency and reliability at a lower cost than copper. In accordance with the
requirements of the grant, the project is to be completed by December 2011.
Bids were requested of three (3) authorized vendors of this material. Two (2)vendors responded
with bids, with Graybar Electric being the low bidder.
BUDGETARYIMPACT
Funds are available through the Transportation Energy Efficiency Traffic Signal Synchronization
or Stimulus Replacement Grant. The total project is $2,566,853 with grant award amounting to
$2,061,968. The remainder of$504,885 is the City's match which has already been satisfied
through an in-kind match of existing equipment and a cash match on prior purchases.
Alan vivo&fleHaN!!7 CITY OF BEAUMONT,BEAUMONT,TEXAS
BEAUNONit PURCHASM DMSION BID TABULATION
11 • s • z • a • s
Bid Name: Purchase of Fiber Optic Material for Traffic Signals
Bid Number: BF0910-67
Bid Opening: Wednesday,October 06,2010
Contact Person: Robert(Bob)Hollar, Buyer II
rhollar0ci.beaumont.bc us
Phone: 409-880-3758
Vendor Axbder, Inc
x
Cftlftft ;I ,k
t "
Phone or fax No. 281 894-3624
Length Unit Price Extended
Price y
ITEM (FtI
1 138 25 357.99 49,402.62n
2 6 4000 1,550.42 9,302.52
3 2 4000 1,550.42 3,100.84
x*
4 2 3900 1,523.94 3,047.88
5 2 3900 1,523.94 3,047.88
6 2 3700 1,470.99 2,941.98
7 1 3500 1,461.11 1,461.11
8 2 3500 1,452.77 2,905.54 ' `
9 6 3150 1,325.36 7,95216
10 2 2800 1,239.74 2,479.48
11 2 2510 1,162.51 2,325.02
12 2 2290 1,103.84 2,207.68
13 3 2250 1,093.18 3,279.54 `
14 1 2000 1,032.40 1,03240 "
15 4 1900 994.16 3,976.64 , ".0
16 1 1720 957.30 957.30
17 3 1700 946.49 2,
839.47
18 1 1650 938.53 938.53 A
19 1 1530 906.33 906.33 " �a
20 2 1470 890.24 1,780.48 tz
21 2 1400 868.48 1,736.96 � .y
22 1 1360 860.74 860.74 3
23 3 1300 839.82 2,519.46
24 3 1200 817.83 2,453.49
25 3 1100 791.00 2,373.00
26 1 950 747.80 747.80 y
27 6 900 726.05 4,356.30
28 3 800 707.57 2,12271
29 1 750 694.16 694.16 ,
30 2 630 661.98 1,323 96
31 5 500 601.44 3,007.20
32 1 250 523.03 523.03
jTotd Bid 128,004.21
No :Accutec
NOTE: AWARDED VENDOR IS HIGHLIGHTED.
RESOLUTION NO.
WHEREAS, bids were solicited for the purchase of fiber-optic cable for use in
replacing outdated traffic signal equipment, installing traffic signal communications and
implementing an Advanced Traffic Management System; and,
WHEREAS, Graybar Electric, of Houston, Texas, submitted a bid in the amount of
$122,832.85; and,
WHEREAS, City Council is of the opinion that the bid submitted by Graybar Electric
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Graybar Electric of Houston, Texas, in the amount of
$122,832.85 for the purchase of fiber-optic cable for use in replacing outdated traf c signal
equipment, installing traffic signal communications and implementing an Advanced Traffic
Management System be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
- Mayor Becky Ames -
8
October 19,2010
Consider approving an ordinance adopting a new Code of Ordinances for the City of Beaumont
RICH WITH OPPORTUNITY
[IEAUMON*
T • E ,- x - A • s Ci Council A enda Item
tY g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: October 19, 2010
REQUESTED ACTION: Council consider an ordinance adopting a new Code of
Ordinances for the City of Beaumont.
RECOMMENDATION
The Administration recommends approval of the proposed ordinance.
BACKGROUND
The last full review and recodification of the City's Code of Ordinances was 32 years ago in
1978. In 2007,the City Council began the process of reviewing each chapter of the Code to
update it for the numerous organizational and operational changes that had taken place over the
years.
During this review, each chapter was updated, so that it is clear and consistent, functions as
intended, and complies with state and federal laws. The proposed Code of Ordinances
incorporates all of the revisions and updates that have been adopted during the review process.
Staff has been working with Franklin Legal Publishing to modernize the Code to make it better
organized, easier to use, and more useful. Employees will have access to the Code on-line, on
server, and on CD, depending on the nature of their use. Searches and research will be much
faster and user friendly. The hard copy was reformatted to standard letter-size paper to make it
easier to use.
BUDGETARYIMPACT
The recodification cost is estimated at$20,000.
ORDINANCE NO.
ENTITLED AN ORDINANCE ADOPTING AND ENACTING A
NEW CODE OF ORDINANCES OF THE CITY OF
BEAUMONT, TEXAS; ESTABLISHING THE SAME;
PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES
NOT INCLUDED THEREIN, EXCEPT AS HEREIN
EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER
OF AMENDING SUCH CODE OF ORDINANCES;
PROVIDING AN EFFECTIVE DATE AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the Code of Ordinances, a copy of which is attached hereto and made a part
hereof for all purposes, consisting of Chapters 1 to 28, each inclusive, is hereby adopted
and enacted as the "Code of Ordinances of the City of Beaumont," and shall be treated
and considered as a new and original comprehensive ordinance which shall supersede all
general and permanent ordinances passed by the City Council prior to September 7, 2010,
except such as by reference thereto are expressly saved form repeal or continued in force
and effect for any purpose.
Section 2.
That all provisions of such Code shall be in full force and effect from the date this
ordinance becomes law and all ordinances of a general and permanent nature of the City
of Beaumont enacted on final passage on or before September 7, 2010, and not in such
Code or recognized and continued in force by reference therein are hereby repealed from
and after the effective date of this ordinance, except as hereinafter provided. That no
resolution of the City, not specifically mentioned, is hereby repealed.
Section 3.
That the repeal provided for in Section 2 hereof shall not affect:
(1) Any offense or act comitted or done or any penalty or forfeiture incurred or
any contract or right established or accruing before the effective date of this
ordinance;
(2) Any ordinance or resolution promising or guaranteeing the payment of money
for the City, or authorizing the issuance of any bonds of the City or any
evidence of the City's indebtedness, or any contract or obligation assumed
by the City;
(3) The administrative ordinances or resolutions of the City Council not in conflict
or inconsistent with the provisions of such Code;
(4) Any right or franchise granted by any ordinance or resolution of the City
Council to any person, firm or corporation;
(5) Any ordinance dedicating,naming,establishing,locating, relocating,opening,
paving, widening, vacating, etc., any street or public way in the City;
(6) Any annual appropriation ordinance;
(7) Any ordinance levying or imposing taxes;
(8) Any ordinances prescribing traffic regulations on particular streets or other
public ways, not inconsistent with such Code;
(9) Any zoning ordinances not inconsistent with such Code;
(10) Any ordinance establishing and prescribing the street grades of any street
in the City;
(11) Any ordinance providing for local improvements and assessing taxes
therefor;
(12) Any ordinance dedicating or accepting any plat or subdivision in the City;
(13) Any ordinance extending the boundaries of the City;
(14) Any building ordinance not inconsistent herewith;
(15) Ordinances prescribing water and sewer rates not inconsistent with such
Code;
(16) Any ordinance or resolution regulating utilities within the City.
Nor shall such repeal be construed to revive any ordinance or part thereof that has
been repealed by a subsequent ordinance witch is repealed by this ordinance.
Section 4.
Any addition or amendment to such Code, when passed in such form as to indicate
the intention of the City Council to make the same a part thereof, shall be deemed to be
incorporated in such Code so that reference to the Code of Ordinances of the City of
Beaumont shall be understood and intended to include such additions and amendments.
Section 5.
A copy of such code shall be kept on file in the office of the City Clerk, preserved
in looseleaf form or in such other form as the City Clerk may consider most expedient. It
shall be the express duty of the City Clerk or someone authorized by him, to insert in their
designated places all amendments or ordinances which indicate the intention of the City
Council to make the same a part of such Code when the same have been printed or
reprinted in page form, and to extract from such Code all provisions which may be from
time to time repealed by the City Council. This copy of such Code shall be available for
all persons desiring to examine the same and shall be considered the official Code of
Ordinance of Beaumont.
Section 6.
That whenever in such Code an act is prohibited or is made or declared to be
unlawful or an offense or a misdemeanor, or whenever in such Code the doing of an act
is required or the failure to do any act is declared to be unlawful, and no specific penalty
is otherwise provided for within the Code, every person convicted of a general violation of
any provision of the Code or any rule, ordinance , or police regulation of the City shall be
punished by a fine not to exceed $2,000.00 for violations of all such rules, ordinances and
police regulations that govern fire safety, zoning, or public health and sanitation, including
dumping of refuse, and not exceeding$500.00 for all other violations. Each act of violation
and each day upon which any such violation shall occur shall constitute a separate offense.
The penalty provided by this section, unless another penalty is expressly provided, shall
apply to the amendment of any Code section, whether or not such penalty is reenacted in
the amendatory ordinance. In addition to the penalty prescribed above, the City may
pursue other remedies such as abatement of nuisances, injunctive relief and revocation
of licenses or permits.
Section 7.
In case of the amendment to any section of such Code for which a penalty is not
provided, the general penalty as provided in Section 6 of this ordinance and Section
1.01.009 of such Code shall apply to the section as amended; or in case such amendment
contains provisions for which a penalty, other than the aforementioned general penalty, is
provided in another section in-the same chapter, the penalty as provided in such other
section shall be held to relate to the section so amended, unless such penalty is
specifically repealed therein.
Section 8.
It shall be unlawful for any person, firm or corporation in the City to change or
amend by additions or deletions, any part or portion of such Code, or to insert or delete
pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the City of Beaumont to be misrepresented thereby. Any
person, firm or corporation violating this section shall be punished as provided in Section
6 of this ordinance.
Section 9.
All ordinances or parts of ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
Section 10.
This ordinance shall become effective upon final passage of this ordinance.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
October, 2010.
-Mayor Becky Ames-