HomeMy WebLinkAboutPACKET JUL 26 2011 RICO WITH OPPORTUX TV
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T - B - X - A . B
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 26,2011 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—July 19, 2011
* Confirmation of committee appointments
A. Authorize the City Manager to enter into a contract with the National Traffic Safety
Academy and Ford Park for a teen driving program sponsored by the Police Department
B. Approve Change Order No. 3 related to the Riverfront Park Bank Stabilization Project
C. Authorize eminent domain proceedings to acquire property located at 5170 Concord
Road for the Concord Road Pavement Widening Project
A
RICH WITH OPPORTUNITY
BEAUMO-W W,
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr.
MEETING DATE: July 26, 2011
REQUESTED ACTION: Council consider authorizing the City Manager to
enter into a contract with the National Traffic Safety
Academy and Ford Park for a teen driving program.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Beaumont Police Department will conduct a Collision Avoidance Training Program which
was developed by the National Traffic Safety Council, a non-profit youth traffic safety
organization. As most teen crashes are due to driver inexperience, this course provides them the
skills they need in everyday and emergency situations. Nationally over 58%of all newly licensed
drivers will be involved in an automobile crash within the first twelve months of receiving their
license. The course consists of four hours of classroom instruction and eight hours of driving
which will be conducted at Ford Park.
BUDGETARY IMPACT
The contract requires a one time fee of$8,100 which covers the cost of licensing and instructor
training for the Collision Avoidance Training course. The per course cost is $2,640 which
includes payroll ($2,300), Ford Park rental ($100), and the student materials ($240). The fee for
the course will be $100 per student with a sixteen student class size resulting in a net cost per
course of$1,040.
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 the
National Traffic Safety Academy, a non-profit youth traffic safety organization, and Ford
Park forthe purpose of conducting a Collision Avoidance Training Program forteen drivers.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July,
2011.
Mayor Becky Ames -
B
SIGN WITS OrlOSTIISIT!
BEAU ON*
T • E • X A * s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Q9.
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: July 26, 2011
REQUESTED ACTION: Council consider the approval of Change Order No. 3 for
work at the Riverfront Park Bank Stabilization project.
RECOMMENDATION
Administration recommends the approval of Change Order No. 3 in the amount of$11,275.
BACKGROUND
A contract in the amount of$3,022,510 was awarded to Russell Marine, LLC. of Channelview,
TX to stabilize the Neches River bank at Riverfront Park in December 2010.
Change Order No. 3 in the amount of$11,275 provides for the replacement of approximately 850
square feet of sidewalk, 14 linear feet of concrete cap, as well as the installation of two (2)
additional bollards. The contractor has requested fifteen(15)calendar days be added to the
contract time,thereby increasing the time from 180 to 195 days. This replacement is a result of
sidewalk failure near the pavilion area.
The proposed change order will represent an increase of 0.37%and a total increase of 2.93%to
the original contract amount. Change Order No. 3 would increase the contract to$3,110,928.24.
BUDGETARY IMPACT
Funds for this change order are available in the Capital Program. The initial project is funded
100%by the Hurricane Ike Disaster Recovery Fund. The City is responsible for additional costs
in excess of the original $3,022,510 contract award.
RESOLUTION NO.
WHEREAS, on December 14, 2010, the City Council of the City of Beaumont,
Texas, passed Resolution No. 10-322 awarding a contract in the amount of$3,022,510.00
to Russell Marine, LLC, of Channelview, Texas, for the Riverfront Park Bank Stabilization
Project; and,
WHEREAS, Change Order No. 1 in the amount of $41,190.00 was required for
unforeseen work due to the failure of the concrete bulkhead wall, thereby increasing the
contract amount to $3,063,700.00; and,
WHEREAS, Change Order No. 2 in the amount of $35,953.24 was required for
removing and disposing submerged timber pilings and the replacement of a damaged 36
inch outfall pipe, thereby increasing the contract amount to $3,099,653.24;
WHEREAS, Change Order No. 3 in the amount of $11,275 is required for the
replacement of approximately 850 square feet of sidewalk, 14 linear feet of concrete cap,
as well as the installation of two (2) additional bollards, thereby increasing the contract
amount to $3,110,928.24.
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, in
all things, approved and adopted; and
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 3 for additional work described above, thereby increasing the contract amount by
$11,275 for a total contract amount of$3,110,928.24.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of July,
2011.
Mayor Becky Ames -
$tC8 WITH OPPORTUNITY
nu*
BEAUMU11
T • B • g • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: July 26, 2011
REQUESTED ACTION: Council consider a resolution authorizing eminent domain
proceedings to acquire property for the Concord Road
Pavement Widening Project.
RECOMMENDATION
The property owner listed below has refused to accept the appraised value for their property.
The property was appraised by Bishop Real Estate Appraisers:
1) 0.0259 acre out of Lot 27, Block 3, French Heights Addition
Address: 5170 Concord(Parcel 13)
Owner: Paula K. Doyle Appraised Value: $4,995.00
Administration requests authorization to acquire the above property by eminent domain.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-two (62) parcels
of land from East Lucas to Highway 105 need to be acquired.
BUDGETARYIMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, the City Council of the City of Beaumont deems it necessary that the
property described below be acquired for the Concord Road Pavement Widening Project;
and,
WHEREAS, the City Council has found that a public necessity exists requiring the
hereinafter described property:
0.0259 acre out of Lot 27, Block 3, French Heights Addition
Address: 5170 Concord (Parcel 13)
Owner: Paula K. Doyle
Appraised Value: $4,995.00
and,
WHEREAS, the City Council deems it necessary to acquire the hereinafter
described interests in and to the above described property for the Concord Road Pavement
Widening Project and has found and determined that said interests in and to the above
described land is suited for such purposes and that it is necessary to acquire same for said
purposes; and,
WHEREAS,the City of Beaumont,through its duty authorized representatives, has
negotiated in good faith with the owner or owners of the hereinafter above-described land
and has been unable to agree with the owners of such property as to the fair market value
thereof and damages, if any, and further negotiations for settlement have become futile
and impossible;
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, in
all things, approved and adopted; and,
THAT the City Attorney be and he is hereby authorized and directed to file or cause
to be filed against all owners of the above described parcel of land,and all claimants of any
interest therein, proceedings in Eminent Domain to acquire fee simple title for said
purposes, in and to the said parcels of land described and shown in Exhibit"A," attached
hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson
County, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July,
2011.
- Mayor Becky Ames -
April 2009
Parcel 13
Page 1 of 4
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 13
Being a 0.0259 acre (1,130 square feet) of land, situated in the A. Williams League,
Abstract No. 385, and being out of and part of Lot 27, Block 3 of the French Heights
Subdivision recorded in Volume 6, Page 61 of the Map Records of Jefferson County,
Texas, also being out of and part that certain tract of. land having been conveyed to
Donald 1. Nelson and Paula K. Doyle from Theda M. Simmons by deed dated February
26, 1997 recorded under Clerk's File No. 9705170 of the Real Property Records of
Jefferson County, Texas, said 0.0259 acre (1,130 square feet) of land being more
particularly described as follows;
COMMENCING at a 5/8" iron rod found for the North comer of that certain called
0.919 acre tract of land having been conveyed to Ann Marie Medina from Michael
Wirfs and Susan Wirfs by deed dated February 8, 2007 recorded under Clerk's File
No. 2007005515 of the Real Property Records of Jefferson County, Texas;
THENCE, SOUTH 35°37'12" WEST along the Northwesterly line of the said 0.919
acre Medina tract and the Southeasterly line of that certain tract of land having been
conveyed to Mike Taweel and wife, Eula Lee Taweel from L. O. Roedahl by deed
dated January 18, 1954 recorded under Volume 921 page 513 of the Deed Records
of Jefferson County, Texas for a distance of 190.54 feet to a 5/8" iron rod with cap
stamped "City of Beaumont ROW Monument" set for comer in the proposed
Northeasterly right-of-way line of Concord Road;
THENCE, SOUTH 54°30'26" EAST, along the proposed Northeasterly right-of-way
line of Concord Road for a distance of 200.42 feet to a 5/8" iron rod with cap
stamped "City of Beaumont ROW Monument" set for comer in the proposed
Northeasterly right-of-way line of Concord Road, said point being in the
Southeasterly line of the said 0.919 acre Medina tract and in the Northwesterly line
Of that certain tract of land having been conveyed to Luther Gary Simmons and
Elizabeth Louise Simmons from Theda M. Simmons by deed dated July 28, 2006
recorded under Clerk's File No. 2006029217 of the Real Property Records of
Jefferson County, Texas;
THENCE, SOUTH 54"30'26" EAST, continuing along the proposed Northeasterly
right-of-way line of Concord Road for a distance of 86.22 feet to a 51W iron rod with
cap stamped "City of Beaumont ROW Monument" set for comer in the proposed
Northeasterly right-of-way line of Concord Road, and the POINT OF BEGINNING of
the parcel herein described, said point being in the Southeasterly line of the said
Simmons tract and in the Northwesterly line of the said Nelson.et al tract;
EXHIBIT"A"
April 2009
Parcel 13
Page 2 of 4
EXHIBIT
1) THENCE, SOUTH 54 030'26" EAST continuing along the proposed Northeasterly
right-of-way line of Concord Road for a distance of 113.91 feet to a 5/8" iron rod with
cap stamped "City of Beaumont ROW Monument" set for comer in the proposed
Northeasterly right-of-way line of Concord-Road, said point being in the Southeast
line of the said Nelson et al tract and in the Northwest line of that certain tract of land
being identified as Tract One having been conveyed to L H & P Ltd. from Theco Ltd.
by deed dated 'March 19, 2003 recorded under Clerk's File No. 2003010133 of the
Real Property Records of Jefferson County, Texas;
2) THENCE, SOUTH 35°31'05" WEST, along Southeast line of the said Nelson et al
tract and the Northwest line of said L H & P tract for a distance of 9.86 feet to a point
for comer in the existing Northeast right-of-way line of Concord Road, said point
being the most Southerly comer of the said Nelson et al tract and the most Westerly
comer of the said L H & P tract, and from said point a 112° iron pipe found bears
NORTH 35°31'05" EAST a distance of 0.34 feet;
3) THENCE, NORTH 54°3344" WEST, along the existing Northeast right-of-way line of
Concord Road for a distance of 113.90 feet to a point for corner, said Dint being the
most Westerly comer of the said Nelson et al tract and said point being the most
Southerly comer of the said Simmons tract, and from said point a 112" iron rod found
in concrete bears NORTH 35 029'48" FAST a distance of 0.46 feet;
4) THENCE, NORTH 35 02948" EAST, along the Southeasterly line of the said
Simmons tract and along the Northwest line of the said Nelson et al tract for a
distance of 9.97 feet to the POINT OF BEGINNING and containing 0.0259 acre
(1,130 square feet) of land.
A parcel plat of even date accompanies this property description.
1, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed February 2009 yj
GIVEN UNDER MY HAND AND SEAL THIS THE'1 DAY OF APRIL 2009.
DF
,At , e
..........................
.. ...
1hf HITELEY
. .:.r.............. ....
Mark W. Whiteley, RPLS #3636 9 3636 ,
LEGEND
■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
TXDOT CONTROL MONUMENT
Q PARCEL NUMBER
0 FND PROPERTY CORNER AS NOTED A. W1II" SURVEY
POWER POLE ABSTRACT NO. 385
PROPOSED ROW LINE
EXISTING ROW LINE
PROPERTY LINE
SURVEY LINE
COUNTY LINE
vp.O.0 PAR 13
FND 518 1. ROD ad
4k 1# L H A•P LTD
U4RCH 19, 2003
.�(o ANA CF NO 2003010133
CALLED 0.919 ACRES
AIW IMI7JF AEM !�gyp' ao+wc0 L A et of
FE�O. 20 8. 2007 v 6 FMR1;W 24 1997
CF NO 2007005515
OPRX CF ND 9705170
w"
P.01 PAR 13
13
CONCORD ROAD
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 FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT. 0 F �.
-(� F
gyp: G s r F q.�%
....................
•. 83 �•:Q
EXISTING TAKING REMAINING
s u ACRES ACRES S.F. ACRES
0. 6804 PARCEL 13, 0. 6545
0. 0259/(1130)
MARK W. WHITELEY
AND ASSOCIATES
INCORPORATED PARCEL PLAT
CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 13
m
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EASTEX FRWY.
B£AUi[ON�- 0421 6-5492 a�AX} 409 !?7703 SCALE 1 = 50 APRIL 2009
" SHEET 3 OF 4
(114.00')
S54'30'12"E 114.00'
ASS 5� 3�5
P.O.C. PAR. 13
FND 5/8" NIB
I. ROD
DONALD I. NELSON, et of
FEBRUARY 26, 1997
cl CF NO. 9705170
OPRJC
0
d
cm ^-.N Lq
o LUTHUR GARY SIMMONS, et ux ,N
CALLED 0.919 ACRES JULY 28 2006 0o o c)
ANN MARIE MEDINA CF NO. 2066029217 N o
FEBRUARY 8, 2007 OPRJC 04
N CF NO. 2007005515 M M
OPRJC Z cn
LH & PLTD.
14 13 MARCH 19, 2003
CF NO. 2003010133
P.O.B. PAR. 13 OPRJC
17 161+23.90
160+10.03 11
40.00RT 40.00RT
S54'30'26"E 200.42' S5�`30'26" 6.22' S54'30'26"E 113.91
PI-OPOSED RIGHT OF WAY
-EXISTING RIGHT OF WAY
N54'33'44"W 113.90'
N54-30'26 W 1552.99' FND 1 2 1. R01) IN CONC 114.00') FND 1/2 . PI E BEARS
BEARS N35 29 48 E 0.46 161 +00 N3531'05"E 0.34'
PROPOSED BASELINE PARCEL PLAT
CONCORD ROAD SHOWING
LINE BEARING DISTANCE PARCEL 13
L 1 S35'31'05V 9.86' CONCORD ROAD JEFFERSON COUNTY
L2 N35'29'48'E 9.97'
SCALE 1 " = 50' APRIL 2009
SHEET 4 OF 4
Alex WRIX dPP+a STWNITT
BEAUNON 1*
T * 9 * X * A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 26,2011 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 zone change from RM-H(Residential Multiple Family
Dwelling-Highest Density)District to HI(Heavy Industrial)District at 2050-2060
Angelina Street
2. Consider a request for an amendment to Chapter 28, Section 28.04.003, Sign
Regulations,to allow multi-color electronic reader board signs at schools
3. Consider an appeal of the Historic Landmark Commission's decision to deny the
painting of the brick on the house at 2495 Gladys
4. Consider an ordinance approving the setting of a Cost of Service Adjustment rate
schedule by CenterPoint Energy which provides for an annual cost of service and
rate base adjustment based on the Company's annual cost data
5. Consider authorizing the City Manager to execute an agreement with the Texas
Department of Transportation to receive funding for the design and construction
of a multi-use pedestrian and bicycle trail between Delaware Street and Folsom
Road
6. Consider approving a contract to supply motor fuels at automated city-owned fuel
sites and at retail locations for the fueling of city vehicles
7. Consider approving a contract for shutters, storefront doors and window screens
for the Police Department Building and the Emergency Operations Center
8. Consider authorizing the award of two contracts to rehabilitate eight(8)
properties associated with the National Stabilization Program
9. Consider approving a resolution to write-off uncollectible delinquent accounts
associated with EMS ambulance charges and weed abatement charges
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:
Yvonne Como v. City of Beaumont; Cause No. 09-10-00192-CV
Claims of Joshua Connor,Arieal Thomas and Kayla Fowler
* Consider matters related to the deliberation of the purchase,exchange, lease or
value of real property in accordance with Section 551.072 of the Government
Code,to wit:
Property located at 328 Bowie Street
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.
I
1
July 26,2011
Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-
Highest Density) District to HI (Heavy Industrial) District at 2050-2060 Angelina Street
RICH WITH OPPORTUXITY
BtEAUMO,N, *
•
T • Z • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 26, 2011
REQUESTED ACTION: Council consider a request for a zone change from RM-H
(Residential Multiple Family Dwelling-Highest Density)
District to HI(Heavy Industrial) District at 2050-2060
Angelina Street.
RECOMMENDATION
The Administration recommends approval of a zone change from RM-H (Residential Multiple
Family Dwelling-Highest Density) District to HI(Heavy Industrial)District at 2050-2060
Angelina Street.
BACKGROUND
John Mazoch, President of Coastal Welding Management, Inc. has requested a zone change.
Mr.Mazoch states that the subject property is currently under fencing by Coastal Welding
Management and lies adjacent to Coastal Specialty Gas,Inc. If rezoned, Coastal Welding
Management will construct a building to be utilized by Coastal Specialty Gas and Coastal Welding
Supply to warehouse goods sold by both companies.
The property is adjacent to Coastal Welding and across the street from Coastal Specialty Gas.
Those properties are both zoned HI. The vacant property is not suitable for residential development
due to its close proximity to industrial uses.
At a Joint Public Hearing held July 18, 2011,the Planning Commission voted 9:0 to approve a
zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to HI
(Heavy Industrial) District at 2050-2060 Angelina Street.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 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 CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)
DISTRICT TO HI (HEAVY INDUSTRIAL) DISTRICT FOR
PROPERTY LOCATED AT 2050-2060 ANGELINA STREET,
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 28 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 28.01.005(b)thereof, is hereby amended by changing-the
zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-Highest
Density)District to HI (Heavy Industrial)District for property located at 2050-2060 Angelina
Street, being Lot 9, Block 15, Parkdale Addition, City of Beaumont, Jefferson County,
Texas, containing 0.15 acres, more or less, as shown on Exhibit"A,"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 of the underlying zoning district as well as those
regulations contained in Chapter 28 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 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of July,
2011.
- Mayor Becky Ames -
E - Request for a tune change from RM-H(Residential Multiple Family Dvvelling-
-hest Density)District to HI(Heavy Industrial)District
ation: 2050-2060 Angelina Street
Applicant: Coastal Welding Managemen4 Inc.
0 100 200
1 1 Feet
A,qw
Legend
M HI ® 2097Z
a
RrS
PECOS ST
E 7 H1 Ht
R DS M'
H1 HI
R oil M
ANGELINA ST
H1
RM H
HI
RM-
EXHIBIT "A"
2
July 26,2011
Consider a request for an amendment to Chapter 28, Section 28.04.003, Sign Regulations,to
allow multi-color electronic reader board signs at schools
RICH WITH OPPORTUNITY
8,EAUNON*
T R - X • A • s City Council Amanda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 26, 2011
REQUESTED ACTION: Council consider a request for an amendment to Chapter 28,
Section 28.04.003, Sign Regulations,to allow multi-color
electronic reader board signs
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
Oxen High School installed a owner-identification sign that included an electronic reader board.
The school wants to have the capability to have the electronic reader board messaps flash, flow,
alternate,blink or be animated. After a workshop with City Council and the Planning
Commission on June 20, 2011, City Council instructed staff to recommend possible changes to
the sign regulations that would allow school owned electronic reader board signs to have such
capability. Staff was also asked to research studies to determine what kind of distractions, if any,
animated signs might cause and what regulations other local cities had.
The City of Orange allows flashing and animated owner identification signs. The City of Port
Neches allows flassing and animated owner identification signs. The City of Lumberton does not
allow notion/flashing owner identification signs within fifty(50)feet of a traffic sigtW. The City
of Vidor's regulations do not address the subject at this time but the City is currently working on
amending its sign ordinance to address such signs.
While there is some difference of opinion on whether electronic reader board signs with moving
images are a major distraction to drivers, staff takes the position that such signs are just one more
distraction that has to be dealt with.
At a Joint Public Hearing held July 18, 2011, the Planning Commission voted 9:0 to approve the
following:
1. Sec. 28.04.003(b)(1)be amended as follows:
(C) The sign shall not have flashing lights,any type of intermittent illumination or
revolve in any manner,except as allowed below:
(i) Electronic reader board signs shall not be permitted,except as an
attachment to or a part of a detached owner identification sign.
(ii) The message copy may change no more than once every five(5)
minutes.
(iii) Message copy shall not include any flashing,flowing,alternating or
blinking lights or animation.
IV) Message eM "be we
(iv) As measured at the property line,the maximum light emotion from
a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs shall not be permitted in an historic
district.
(vi) Elearonk reader board signs first are mart of a owner
identification sign shall be allowed to havemWjple colors.
2. Sec. 28.04.003(b)(3)be amended as follows:
(D) The sign shall not have any flashing lights, any type of intermittent
illumination or revolve in any manner,except as allowed below.
(i) Electronic reader board signs shall not be permitted if approved as part
of the specific use permit.
(ii) The message copy may change no more thffi once every five(S)
minutes.
(iii) Message copy shall not include any flashing,flowing, alternating or
blinking lights or animation.
(iv) As measured at the property line,the maximum light emanation from
a sign shall be no greater than 0.2 footcandles.
(v) Electronic reader board signs shall not be permitted in an historic
district.
(vi) Electronic reader board OM ,are hart of a detached owner
identification sign shall be allowed to have mmW e colors.
3. Sec. 28.04.003(cxl)be amended as follows:
(C) The sign shall not have any flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
(i) Electronic reader board signs shall not be permitted, except as an
attachment to or a part of a detached owner identification sign.
(ii) The message copy may change no more than once every five(5)
minutes.
(iii) Message copy shall not include any flashing, flowing, alternating or
blinidng lights or animation.
eM shaH be one(f)
(iv) As measured at the property line,the maximum light emanation
from a ' shall be no eater than 0.2 footcandles.
� 8�
(v) Elm.omit reams boars W=tom,we gW of a damiched owner
identificadw sign shall be allowed to have mWd*colors.
4. Sec. 28.04.003(cx5)be amended as follows:
(3) Electronic reader board signs shall be permitted in the GC-MD, GC-MD-2,
CBD, C-M,LL HI and PD Districts subject to the following conditions:
(A) The electronic reader board is to be attached to or a part of a
detached owner identification sign.
(B) The message copy may change no more than once every five(5)
minutes.
(C) Message copy shall not include any flasbmg, flowing, alternating or
blinking lights or animation.
(D) As measured at the property line, the maximum light emanation
from a sign shall be no greater than 0.2 footcandles.
(E) No more than ssxty(60)square feet Of fifty(50)Percent of the
maximum sign area,whichever is less, shall be dedicated to electric
changeable copy.
(F) Electronic readerd SW that we RW of a detached Owner
i��+, io_n gia stall be allowed to have multiple colors.
BUDGETARY IWACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
SECTION 28.04.003, TO ALLOW MULTI-COLOR
ELECTRONIC READER BOARD SIGNS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 28, Subsection 28.04.003(b)(1)(C), of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.003. Sign regulations.
(b) Signs in residential districts. Signs shall not be permitted in
residential districts except as specifically authorized in this section.
(1) One detached owner identification sign shall be permitted for
a multiple-family dwelling development, nonresidential or institutional
building for each abutting street, subject to the following restrictions:
(C) The sign shall not have flashing lights, any type of
intermittent illumination or revolve in any manner,
except as allowed below:
(i) Electronic reader board signs shall not be
permitted, except as an attachment to or a part
of a detached owner identification sign.
(ii) The message copy may change no more than
once every five (5) minutes.
(iii) Message copy shall not include any flashing,
flowing, alternating or blinking lights or
animation.
(iv) As measured at the property line, the maximum
light emanation from a sign shall be no greater
than 0.2 footcandles.
(v) Electronic reader board signs shall not be
permitted in an historic district.
(vi) Electronic reader board signs that are part of a
detached owner identification sign shall be
allowed to have multiple colors.
Section 2.
THAT Chapter 28, Subsection 28.04.003(b)(3)(D), of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.003. Sign regulations.
(b) Signs in residential districts. Signs shall not be permitted in
residential districts except as specifically authorized in this section.
(3) One detached owner identification sign shall be permitted for
a commercial use with a specific use permit in the RCR,
Residential Conservation and Revitalization District,subject to
the following conditions and restrictions:
(D) The sign shall not have any flashing lights, intermittent
illumination, or revolve or rotate in any manner, except
as allowed below:
(i) Electronic reader board signs shall not be
permitted if approved as part of the specific use
permit.
(ii) The message copy may change no more than
once every five (5) minutes.
(iii) Message copy shall not include any flashing,
flowing, alternating or blinking lights or
animation.
(iv) As measured at the property line, the maximum
light emanation from a sign shall be no greater
than 0.2 footcandles.
(v) Electronic reader board signs shall not be
permitted in an historic district.
(vi) Electronic reader board signs that are part of a
detached owner identification sign shall be
allowed to have multiple colors.
Section 3.
THAT Chapter 28, Subsection 28.04.003(c)(1)(C), of the Code of Ordinances of the City
of Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.003. Sign regulations.
(c) Owner identification signs in commercial and industrial districts. Signs
shall not be permitted in commercial or industrial districts except as
specifically authorized in this section.
(1) One detached owner identification sign, and one additional
detached sign for each thoroughfare more than one that abuts the
property, shall be permitted in the NC, Neighborhood Commercial
District, and the OP, Office Park District, subject to the following
conditions and restrictions:
(C) The sign shall not have any flashing lights, any type of
intermittent illumination or revolve in any manner,
except as allowed below:
(i) Electronic reader board signs shall not be
permitted, except as an attachment to or a part
of a detached owner identification sign.
(ii) The message copy may change no more than
once every five (5) minutes.
(iii) Message copy shall not include any flashing,
flowing, alternating or blinking lights or
animation.
(iv) As measured at the property line, the maximum
light emanation from a sign shall be no greater
than 0.2 footcandles.
(v) Electronic reader board signs that are part of a
detached owner identification sign shall be
allowed to have multiple colors.
Section 4.
THAT Chapter 28, Subsection 28.04.003(c)(5), of the Code of Ordinances of the City of
Beaumont, be and the same is hereby amended to read as follows:
Sec. 28.04.003. Sign regulations.
(c) Owner identification signs in commercial and industrial districts. Signs
shall not be permitted in commercial or industrial districts except as
specifically authorized in this section.
(5) Electronic reader board signs shall be permitted in the GC-MD,
GC-MD-2, CBD, C-M, Ll, HI and PD Districts subject to the
following conditions:
(A) The electronic reader board is to be attached to or a
part of a detached owner identification sign.
(B) The message copy may change no more than once
every five (5) minutes.
(C) Message copy shall not include any flashing, flowing,
alternating or blinking lights or animation.
(D) As measured at the property line, the maximum light
emanation from a sign shall be no greater than 0.2
footcandles.
(E) No more than sixty(60) square feet of fifty(50) percent
of the maximum sign area, whichever is less, shall be
dedicated to electric changeable copy.
(F) Electronic reader board signs that are part of a
detached owner identification sign shall be allowed to
have multiple colors.
Section 5.
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 28 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 6.
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 7.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Sectio n 8.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July,
2011.
Mayor Becky Ames -
3
July 26,2011
Consider an appeal of the Historic Landmark Commission's decision to deny the painting of the
brick on the house at 2495 Gladys
RICH WITH OPPORTUNITY
BEA,,,UN,0.ff1rk
T 0 Z 0 g • A a s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Merger
Ck
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: July 26, 2011
REQUESTED ACTION: Council consider an appeal of the Historic Landmark
CommisSion's decision to deny the painting of the brick on
the house at 2495 Gladys
BACKGROUND
Virginia Radford applied for a certificate of appropriateness on May 10, 2011 to paint the brick on
her house. The Historic District regulations state that brick cannot be painted unless the applicant
establishes that the color and texture of replacement brick cannot be matched with that ofthe existing
brick surface or that the painting is necessary to restore or preserve the brick itself.
At the time she applied, she was told by staff that the brick could not be painted without Historic
Landmark Commission approval. She was allowed to"prime wood and paint wood portions to be
white". This did not include the brick.
Several days later she came to the office to talk to the Planning Manager about paring her house.
The Planning Manager told her that the brick could not be painted without Historic Commission
approval. At the meeting of the Historic Landmark Commission on June 13,Ralph Jordan,member,
also said that he had told her the brick could not be painted without Historic Landmark Commission
approval. Ms. Radford ignored what she was told and painted the brick.
The certificate of appropriateness went before the Historic Commission on June 13, 2011. Ms.
Radford did not attend the meeting. Notice of the meeting was left at her house. Her certificate of
appropriateness to paint the brick was denied by a vote of 7:1.
The Planning Manager sent Ms.Radford a certified letter on June le informing her of the Historic
Landmark Commission's action as well as her options(appeal to City Council or remove the paint
within 30 days).
The Planning Manager received a letter from Wendell Radford Jr.,Ms. Radford's son, on July 6th
that stated that the Historic Landmark Commission approved her request. On July 60-,the Planning
Manager sent Mr.Radford a certified letter explaining that was not the case and what action he could
take by an August 5*deadline.
RECOMMENDATION
The Administration recommends approval of the appeal solely based on the fact that the house has
already bean painted and having the paint removed now would seen nonsensical. It is also a
regrettable fact that the homeowner willfully ignored the rules and process.
BUDGETARY EM PACT
None.
W. C Radford Jr.
2615 Calder,suite 1060
$esumout,Texas 77702
Phone 409-833-7014
Email:wradfordjr@attnet
July 14, 2011
Chris Boone
Via Fax: 880-31:33
RE: Virginia Radford,2495 Gladys
Dear Chris,
Pursuant W our c oaversation of this date,qty modes would request that you submit on
appeal to the Beaumont City Council,the mesa of the pair ke of the brick portion of her Douse
white. Her physical coedit ion will p mment her tkom attending any formal appearances. I have
forwarded to Councilman Mike Geft*ftVaphs of her house along with documentaRion
surrounding the circumstances of the pai icing of her house.
Sincerely,
d
cc:Mike OetZ
WCPJcmr
APPLICATION FOR A
CERTIFICATE OF APPROPRIATENESS
BEAUMONT,TEXAS
(Chapter 30, City Codes)
(409) 880-3764
Fax: (409) 880-3133 FILE#: lo t U
DATE RECEIVED: o
(PLEASE TYPE OR PRINT)
PROPERTY ADDRESS
OWNER'S NAME r �-ri� C•
ADDRESS OF OWNER )d ��b r S 1 14 h/ �}-
APPLICANT'S NAME (IF NOT OWNER)
APPLICANT'S PHONE NUMBER FAX NUMBER
LEGAL DESCRIPTION: LOT NO. OR TRACT
BLOCK NO. PLAT
ADDITION SURVEY
REASON FOR REQUEST OF A CERTIFICATE OF APPROPRIATENESS:
i o Tmm r -b uc v! W t\-t.-m, a AEA,-&V— s - -
Ti2►.� -try '�. $ �_.
HAS REQUEST BEEN MADE BEFORE (Y/N) IF YES,DATE:
TYPE OF REQUEST: PAINT NEW CONSTRUCTION DEMOLITION
FENCING MISCELLANEOUS
LO
SIGNATURE OF APPLICANT/OWNER: DATE: U f
APPROVED: YES NO
-� PLANNING MANAGER DA E
1�EN i' i s role�c� L A YU a4,4p-w �.�vl�l� s S�, u� C11310
COMMENTS: Ali Ps4 A& -ru P- ( ft4 Fpc#,T'(" �rJcz�D Fa�-Tt°A.� S
Td 3f--
r ,
1c) -1)
11C W T O
B H 0IPTFI
T - E - x - A s
June 14, 2011 Certified Mail 7010-0290-0002-4675-7512
PD-149/11
Ms. Virginia Radford
2495 Gladys
Beaumont, Texas 77702
RE: CA-2010
Dear Ms. Radford:
Please be informed that at the meeting of June 13, 2011,the Historic Landmark Commission
denied CA-20 10. Therefore, you have thirty(3 0)days from the date of this letter to either
remove the paint and bring the brick back to its original condition or file an appeal of the lEstoric
Landmark Commission's decision to City Council.
A written appeal to City Council shall include what is being appealed and the reasons why you
think the Historic Landmark Commission erred in its decision. If you wish to appeal, please file
all pertinent information with the Planning Division, Suite 201.
Failure to comply with the terms of this letter will result in legal action taken by the City of
Beaumont.
Sincerely,
C
Stephen C. Richardson, AICP
Planning Manager
Encl.
cc: Anna Varela, Code Enforcement Officer
Planning Division • (409) 880-3764 • Fax(409) 880-3133
P.O. Box 3827 • Beaumont,Texas 77704-3827
` W.C. Radford
2"S C-Ader#1060
Beaumont,Texas 77702
Phone 409-833-7014
July,2,2011
Stepp Richardson
P. O. Box 3827
Beaumont,Texas 77704:3827
RE:Virginia Radford,2495 Gladys
Dear Mr.Richardson,
I received your letter regarding my mother's house when I picked up her mail this
afternoon. At present,my mother is in the Intensive Care Unit of St. Elizabeth Hospital with a
very serious and life threatening ice. Her treating physician anticipates that she will remain
in the hospital at least until the end of the summer at best.
With regard to the contents of your letter,my mother received a letter front the Historical
Commission in late June indicating that dW had approved her request to paint her house white.
Both my sister and I read the letter though at present,we have been unable to locate it and do not
know where my mother put it.
If she recovers from her illness,as soon as she is able,I will have her forward a copy of
the letter to your attention.
Sincerely,
endell C.� rd Jr.
r
WCRlcmr
1117
Cnn�3���
C W T O T
E A UNO T • E X A • S
July 6, 2011
PD 207/11
Certified Letter 7020 0290 00024675 7529
Wendell C. Radford, Jr.
2615 Calder,#1060
Beaumont, TX 77702
RE: CA-2010
Dear Mr.Radford:
Thank you for responding to my letter of June 14, 2011. I am sorry to hear about your mother
and wish for her a quick recovery.
I must differ with your letter by saying that your mother did not receive approval from the
Hiistoric Landmark Commission to paint the brick on her house at 2495 Gladys. On May 10,
2011, Mrs.Radford applied for a Certificate of Appropriateness(CA) to paint the house,garage
and porch white with black trim. On that date,the CA was signed granting Mrs. Radford
permission to prime wood and paint wood portions that were to be white(see copy of CA). On
that day, Mrs. Radford was told by Adina Ward,Planner, that she must receive approval from the
IEstoric Landmark Commission to paint the brick. Several days later, Mrs.Radford met with me
and I specifically told her that the brick cannot be painted unless the Historic Landmark
Commission approves the certificate of appropriateness on June 13, 2011.
On June 13, 2011,the Historic Landmark Commission considered Mrs. Radford's request to
paint the brick(CA-2010). The request was denied(see letter). At that meeting,Ralph Jordan,
Historic Landmark Commission member, stated that he also told her that the brick was not to be
painted unless approved by the Historic Landmark Commission. Needlesd`to say,Mrs.Radford
was informed numerous times that the brick was not to be painted unless approved by the Historic
Landmark Commission.
In my letter of June 14, I gave Mrs. Radford until July 14, 2011 to either remove the paint and
bring the brick back to its original condition or file an appeal of the Historic Landmark
Commission's decision to City Council. Due to your mother's condition, I will give you until
August 5, 2011 to comply or appeal to City Council.
Planning Division • (409) 880-3764 • Fax(409) 880-3133
P.O. Box 3827 • Beaumont,Texas 77704-3827
Thank you for your cooperation.
Sincerely,
C
Stephen C. Richardson, AICP
Encl.
cc: Chris Boone, Community Development Director
Anna Varela, Code Enforcement Officer
ORDINANCE NO.
ENTITLED AN ORDINANCE OVERTURNING THE DECISION
OF THE HISTORIC LANDMARK COMMISSION TO DENY AN
APPLICATION FOR A CERTIFICATE OF
APPROPRIATENESS TO PAINT THE BRICK ON A
STRUCTURE LOCATED AT 2495 GLADYS, BEAUMONT,
TEXAS, AND APPROVING SAID APPLICATION.
WHEREAS, on May 10, 2011, Virginia Radford applied to the Historic Landmark
Commission for a Certificate of Appropriateness to paint the brick on a structure located
at 2495 Gladys, Beaumont, Texas; and
WHEREAS, on June 13, 2011, the Historic Landmark Commission considered the
application for the Certificate of Appropriateness; and
WHEREAS, at the conclusion of the public hearing, the Historic Landmark
Commission voted 7:1 to deny the request to paint the brick on the structure at 2495
Gladys; and
WHEREAS, Section 28.02.007(g) of the Code of Ordinances of the City of
Beaumont gives the applicant the right to appeal a decision of the Historic Landmark
Commission denying a Certificate of Appropriateness to the City Council; and
WHEREAS, Virginia Radford has appealed the decision to deny her request for a
Certificate of Appropriateness to the City Council;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT after considering the evidence and testimony of the witnesses, the City
Council hereby finds and declares that the decision of the Historic Landmark Commission
to deny the application of Virginia Radford for a Certificate of Appropriateness to paint the
brick on the structure located at 2495 Gladys, Beaumont, Texas, should be overturned.
BE IT FURTHER ORDAINED THAT the application of Virginia Radford for a
Certificate of Appropriateness to paint the brick on the structure located at 2495 Gladys,
Beaumont, Texas, is hereby approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July,
2011.
- Mayor Becky Ames -
I
4
July 26,2011
Consider an ordinance approving the setting of a Cost of Service Adjustment rate schedule by
CenterPoint Energy which provides for an annual cost of service and rate base adjustment based
on the Company's annual cost data
RICH WITH OPPORTUNITY
BEADNO'n*
T • E • X • A 9 s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorneys
MEETING DATE: July 26, 2011
REQUESTED ACTION: Consider an ordinance approving the setting of a Cost of
Service Adjustment rate schedule by CenterPoint Energy
which provides for an annual cost of service and rate base
adjustment based on the Company's annual cost data.
RECOMMENDATION
Administration recommends approval of an ordinance approving the setting of a Cost of Service
Adjustment rate schedule by CenterPoint Energy which provides for an annual cost of service
and rate base adjustment based upon the annual cost data of the Company.
BACKGROUND
On April 29, 2011, CenterPoint Energy("CenterPoint") filed an application with the City of
Beaumont to adjust rates pursuant to the Cost of Service Adjustment("COSA")tariff with the
City of Beaumont. The tariff allows CenterPoint to make an annual request for a rate adjustment
based upon calendar year operating expenses, returns on investment, and Texas franchise taxes.
This information is included in the Company's audited financial operating results contained in
CenterPoint's annual report to the Railroad Commission of Texas. CenterPoint's filing for the
calendar year 2010 operating results shows a cost reduction of about$630,000 for the Beaumont-
East Texas Division. The bottom line impact on customers bills resulting from this year's COSA
filing, when allocated to the three general customer classes of(i) residential, (ii) small
commercial and (iii) large volume, results in monthly rate reductions to the customer charge
component of the customers' bills as follows:
Class Monthly Reduction
Residential $0.22
Small Commercial $0.34
Large Volume $1.58'
The Lawton Law Firm,which is retained as the City's utility consultant, has reviewed the
CenterPoint request together with the filings available in the public domain, including Railroad
Commission filings, gas infrastructure rate filings and other documents, to confirm the
Company's calculations and cost/investment trends. Their analysis of CenterPoint's COSA
filings indicates that CenterPoint's calculations are accurate and conform with Rate Schedule No.
COSA-4 on file with other tariffs at the City. The recommendation is that the proposed COSA
be approved.
BUDGETARY IMPACT
The reasonable expenses associated with rate cases are reimbursable by CenterPoint Energy as
they have been in the past.
*The large volume reduction is set at the 5%cap change of$1.85 rather than the calculated$2.17
monthly reduction.
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS
SETTING THE JUST AND REASONABLE RATES FOR THE
COST OF SERVICE ADJUSTMENT ("COSA") TO BE
CHARGED BY CENTERPOINT ENERGY ("CENTERPOINT")
FOR GAS SERVICE FOR CUSTOMERS IN THE CITY OF
BEAUMONT, TEXAS; REQUIRING REIMBURSEMENT OF
MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE
MEETING COMPLIES WITH THE OPEN MEETINGS ACT;
AND DECLARING AN EFFECTIVE DATE FOR THIS
ORDINANCE.
WHEREAS, on or about April 29, 2011, CenterPoint filed a Statement of Intent with the
City Clerk in Beaumont, Texas requesting a rate decrease of$0.22 per residential customer per
month, $0.34 per small general service customer per month, and $1.58 per large general service
customer per month for the Beaumont/Huntsville COSA Service Area; and,
WHEREAS, CenterPoint requested an effective date for the new rate schedule to go into
effect on August 1, 2011; and,
WHEREAS, in order to exercise its exclusive original jurisdiction and properly review
the requested rates, it is necessary for the City to make a decision within 90 days of the April 29,
2011 filling,or July 28, 2011; and,
WHEREAS, the City retained the Lawton Law Firm, P.C. to review CenterPoint's rate
request and make necessary rate recommendations to the City; and,
WHEREAS, on June 30, 2011, the Lawton Law Firm, P.C., filed a report with the City
on this matter outlining the options available and making recommendations to the City; and,
WHEREAS, the Lawton Law Firm has recommended that the City approve the requested
COSA annual rate decrease as stated in the June 30, 2011 letter from the Lawton Law Firm;
NOW, THERFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1. The statements set out in the preamble to this ordinance are adopted herein
as if set forth herein.
SECTION 2. Based on the recommendations and review presented by the legal/rate
consultant Lawton Law Firm, whose report is attached, CenterPoint's proposed rate decrease, of
$0.22 per residential customer per month, $0.34 per small general service customer per month,
and $1.58 per large general service customer per month for the Beaumont/Huntsville COSA
Service Area is adopted and the Company shall file tariffs with the City Secretary reflecting the
annual rate decrease.
SECTION 3. The Company shall promptly reimburse the City's COSA review rate case
expenses.
SECTION 4. The Company's Cost of Service Adjustment Clause is approved.
SECTION 5. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
SECTION 6. This ordinance shall be effective immediately on passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26`h day of July,
2011.
APPROVED:
- Mayor Becky Ames-
ATTEST:
City Clerk
5
July 26,2011
Consider authorizing the City Manager to execute an agreement with the Texas Department of
Transportation to receive funding for the design and construction of a multi-use pedestrian and
bicycle trail between Delaware Street and Folsom Road
RICH WITH OPPORTUNITY
BEAU'ViON* City Council Agenda Item
T • L - X • A - S
TO: City Council
FROM: Kyle Hayes, City Manager
�0.
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: July 26, 2011
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute an agreement with the Texas Department of
Transportation(TXDOT)to receive funding for the design
and construction of a multi-use pedestrian and bicycle trail
between Delaware Street and Folsom Road
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to
execute a Local Transportation Project Advanced Funding Agreement with the Texas
Department of Transportation(TXDOT).
BACKGROUND
The City of Beaumont has received Federal Highway Administration Funds to design and
construct a 1.1 mile multi-use trail between Delaware and Folsom. The City's participation in the
$826,418.00 project is 20 percent or$165,283.60 of the total estimated cost. If the agreement is
approved, City Staff will design,bid, and manage the project.
The City of Beaumont prepared and submitted to the State a nomination form for consideration
under the Transportation Enhancement Program for the project which is described as the
Delaware Folsom Multi-use Connector.
BUDGETARY IMPACT
Funds are available in the Capital Program.
CSJ#0920-38-239 Fed.# STP 2011(247)TE
District#20
Code Chart 64#03200
Project: Delaware Folsom Multi-use Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a Transportation Enhancement(TE) Project
This Local Project Advance Funding Agreement(LPAFA) is made by and between the State
of Texas, acting by and through the Texas Department of Transportation, called the "State", and
the City of Beaumont, Texas, acting by and through its duly authorized officials called the "Local
Government".
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been
adopted and states the general terms and conditions for transportation projects developed
through this LPAFA; and,
WHEREAS, the Local Government prepared and submitted to the State a nomination form for
consideration under the Transportation Enhancement Program for the project which is briefly
described as the Delaware Folsom Multi-use Connector, called the Project; and
WHEREAS, the Texas Transportation Commission (the Commission) passed Minute Order
Number 112342 dated July 29, 2010 awarding funding for projects in the 2009 Program Call of
the Transportation Enhancement Program, including the Project; and
WHEREAS, the rules and procedures for the selection and administration of the Transportation
Enhancement Program are established in 43 TAC Sections 11.200 et seq.; and
WHEREAS, the governing body of the Local Government has approved entering into this LPAFA
by resolution or ordinance dated , which is attached to and made a part of
this LPAFA as Attachment A;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, to be by them respectively kept and performed as hereinafter
set forth, it is agreed as follows:
AGREEMENT
1. Period of the Agreement
The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA
The termination of this LPAFA shall extinguish all rights, duties, obligations, and liabilities of
the State under this LPAFA. This LPAFA shall be terminated under the conditions as stated
in the Master Agreement or for the conditions, and in the manner, described in this LPAFA.
AFA—LPAFA TE Page 1 of 14 Rev. 05/04/2011
CSJ#0920-38-239 Fed.# STP 2011(247)TE
District#20
Code Chart 64#03200
Project: Delaware Folsom Multi-use Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
A. If the potential termination of the LPAFA is due to the failure of the Local Government to
fulfill its contractual obligations, the State will notify the Local Government that possible
breach of contract has occurred. The Local Government should make every effort to
remedy the breach within a period mutually agreed upon by both parties.
B. If the Local Government withdraws from the Project after the LPAFA is executed, it shall
be responsible for all direct and indirect Project costs as identified by the State's cost
accounting system.
C. A Project may be eliminated from the program as outlined below. If the Project is
eliminated for any of these reasons, this LPAFA will be appropriately terminated. A
project may be eliminated from the program if:
1. The Local Government fails to satisfy any requirements of the program rules cited as
43 TAC §11.200 et seq.
2. The implementation of the Project would involve significant deviation from the activities
as proposed in the nomination form.
3. The Local Government withdraws from participation in the Project.
4. The Project is not implemented within a reasonable time, as determined by the State in
consultation with the Local Government. In absence of information suggesting that a
shorter or longer period is appropriate, four years or less from the date the project was
approved for TE funding by Minute Order, will be presumed to be a reasonable time.
The project must therefore, be awarded to contract before July 29, 2014.
5. The State determines that federal funding may be lost due to the Project not being
implemented and completed.
6. Funds are not appropriated, in which case this LPAFA shall be terminated immediately
with no liability to either party. Payment under this LPAFA beyond the current fiscal
biennium is subject to availability of appropriated funds.
7. The Local Government fails to attend bi-annual progress meetings as scheduled by the
State.
3. Amendments
Amendments of this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work, Use of Project, and Project Location
The scope of work for the Project, which is shown in Attachment B, the Project Location Map,
described in the nomination form and as approved by the Texas Transportation Commission,
consists of: extending a multi-use trail creating a scenic pedestrian and bicycle connection
between Folsom and Delaware in northwest Beaumont. It will include a 1.1 mile concrete
pathway. It will be constructed through a regional storm water detention facility increasing
land use and providing a safe connection between Folsom and the Delaware pathway for
pedestrian and bicycle use.
Any project changes proposed must be submitted in writing by the Local Government to the
State. Changes may also require an amendment to the LPAFA and the approval of the
Federal Highway Administration (FHWA), the State, or the Commission. Any changes
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undertaken without written approval and agreement amendment may jeopardize not only the
federal funding for the changes, but the federal funding of the entire Project.
5. Right of Way and Real Property Acquisition
Right of way and real property acquisition shall be the responsibility of the Local Government,
as stated in the Master Agreement unless otherwise provided below:
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be acceptable to the
State before funds may be expended for the improvement of the right of way or real
property. If the Local Government is the owner of any part of the Project site under this
LPAFA, the Local Government shall permit the State or its authorized representative
access to occupy the site to perform all activities required to execute the work.
B. The Local Government will comply with and assume the costs for compliance with all the
requirements of Title II and Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including
those provisions relating to incidental expenses incurred by the property owners in
conveying the real property to the Local Government, and benefits applicable to the
relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation
to support such compliance must be maintained and made available to the State and its
representatives for review and inspection.
C. The Local Government shall assume all costs and perform all work necessary to obtain
needed evidence of title or right of use in the name of the Local Government to the real
property required for development of the Project. The evidence of title or rights shall be
acceptable to the State, and be free and clear of all encroachments. The Local
Government shall secure and provide easements and any needed rights of entry over any
other land needed to develop the Project according to the approved Project plans. The
Local Government shall be responsible for securing any additional real property required
for completion of the Project.
D. In the event real property is donated to the Local Government after the date of the State's
authorization, the Local Government will provide all documentation to the State regarding
fair market value of the acquired property. The State will review the Local Government's
appraisal, determine the fair market value and credit that amount towards the Local
Government's financial share. If donated property is to be used as a funding match, it
may not be provided by the Local Government. The State will not reimburse the Local
Government for any real property acquired before execution of this LPAFA and before
federal spending authority is approved.
E. The Local Government shall prepare real property maps, property descriptions, and other
data as needed to properly describe the real property and submit them to the State for
approval prior to the Local Government acquiring the real property. Tracings of the maps
shall be retained by the Local Government for a permanent record.
F. The Local Government agrees to make a determination of property values for each real
property parcel by methods acceptable to the State and to submit to the State a tabulation
of the values so determined, signed by the appropriate Local Government representative.
The tabulations shall list the parcel numbers, ownership, acreage., and recommended
compensation. This tabulation shall be accompanied by an explanation to support the
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determined values, together with a copy of the documentation and reports used in
calculating each parcel's value. Expenses incurred by the Local Government in
performing this work may be eligible for reimbursement after the Local Government has
received written authorization by the State to proceed with determination of real property
values. The State will review the data submitted and will base its reimbursement for
parcel acquisitions on these in determining the fair market value.
G. Condemnation shall not be used to acquire real property for this enhancement Project.
H. Reimbursement for real property costs will be made to the Local Government for real
property purchased in an amount not to exceed eighty percent (80%) of the cost of the
real property purchased in accordance with the terms.and provisions of this LPAFA.
Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's
predetermined value of each parcel, or the net cost of each parcel, whichever is less. In
addition, reimbursement will be made to the Local Government for necessary payments to
appraisers for expenses incurred in order to assure good title. Any costs associated with
the relocation of displaced persons and personal property, as well as incidental expenses
incurred in acquiring property to implement a TE project, will be the responsibility of the
Local Government and current property owner at no cost to the State.
I. If the Project requires the use of real property to which the Local Government will not hold
title, a separate agreement between the owners of the real property and the Local
Government must be executed prior to execution of this LPAFA. The separate agreement
must establish that the Project will be dedicated for public use for a period of time
commensurate with the federal investment, but not less than 10 (ten) years after
completion. The separate agreement must define the responsibilities of the parties as to
the use of the real property and operation and maintenance of the Project after
completion. The separate agreement must be approved by the State prior to its
execution. A copy of the executed separate agreement shall be provided to the State.
J. The Local Government agrees to execute individually or produce a legal document as
necessary to provide for the Project's continued use from the date of completion, and
agrees to cause the same to be recorded in the land records of the appropriate
jurisdiction.
K. Local governments receiving federal funds must retain an inventory of funded items and
monitor projects in accordance with 23 CFR 710 and 49 CFR 18, and with the procedures
provided in the State's Local Government Project Procedures manual.
The Local Government agrees to monitor the Project to ensure: (1) continued use of the
property for approved activities, and (2) the repayment of the federal funds, as
appropriate.
1. The Local Government agrees to the review of their Project accounts and site visits by
the State during the development of the Project at any time;
2. Upon Project completion, the State will continue to perform periodic visits to confirm
the Project's continued use and upkeep.
L. Forty five (45) days prior to any construction contract let date, the Local Government shall
provide a certification to the State that all real property has been acquired.
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6. Utilities
The Local Government shall be responsible for the adjustment, removal, or relocation of utility
facilities in accordance with applicable State laws, regulations, rules, policies, and
procedures, including any cost to the State of a delay resulting from the Local Government's
failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled
beginning of construction. The Local Government will not be reimbursed with federal or state
funds for the cost-of required utility work, unless specified in the in the Transportation
Enhancement Nomination form and approved by the State. The Local Government must
obtain advance approval for any variance from established procedures. Before a
construction contract is let, the Local Government shall provide, at the State's request, a
certification stating that the Local Government has completed the adjustment of all utilities
that must be adjusted before construction begins.
7. Environmental Assessment and Mitigation
A. Environmental assessment and mitigation will be carried out as stated in the Master
Agreement, unless otherwise specified in the Transportation Enhancement Nomination
form and approved by the State. These costs will not be reimbursed or credited towards
the Local Government's financial share of the Project unless specified in the nominating
form and approved by the State.
B. Forty five (45) days prior to any construction contract let date, the Local Government shall
provide a certification to the State that all environmental problems have been remediated.
Additionally, before the advertisement for bids, the Local Government shall provide to the
State written documentation from the appropriate regulatory agency or agencies that all
environmental clearances have been obtained.
8. Architectural and Engineering Services
Architectural and engineering services will be provided by the Local Government.
Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA)
will be as stated in the Master Agreement.
A. The architectural contract documents shall be developed in accordance with the standards
of the American Institute of Architects, the U.S. Secretary of the Interior's Standards for
Historic Preservation Projects, Standards and Guidelines for Archeology and Historic
Preservation, the National Register Bulletin Number 36: Guidelines for Evaluating and
Registering Historical Archeological Sites and in consultation with the State Historic
Preservation Officer, as applicable. The engineering plans shall be developed in
accordance with the State's applicable Standard Specifications for Construction and
Maintenance of Highways, Streets and Bridges and the two American Association of State
Highway Transportation Officials' (AASHTO) publications, "A Policy on Geometric Design
of Highways and Streets"and "Guide for the Development of Bicycle Facilities,"as
applicable. All contract procurement procedures and documents must adhere to the
applicable requirements established in the Standard Specifications for Construction and
Maintenance of Highways, Streets and Bridges. The use of other systems of
specifications shall be approved by the State in writing in advance.
B. When architectural and engineering services are provided by or through the Local
Government, then the following Items 1 and 2 apply.
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1. The Local Government shall submit any plans it has completed to the State for review
and approval. The Local Government may also submit the plans to the State for
review anytime prior to completion. The Local Government shall make the necessary
revisions determined by the State. The Local Government will not let the construction
contract until all required plans have received State approval.
2. The Local Government shall submit to the State all documentation relating to
authorized costs incurred for providing architectural and engineering services.
Reasonable, allowable, and allocable costs incurred by the Local Government, after
the Local Government has obtained written authorization from the State to incur costs,
will be eligible for reimbursement at an amount not to exceed eighty percent (80%) of
the eligible authorized costs.
C. When architectural and engineering services are provided by or through the State, then
the following applies:
The State is responsible for the delivery and performance of any required architectural or
preliminary engineering work. The Local Government may review and comment on the
work as required to accomplish the Project purposes. The State will cooperate fully with
the Local Government in accomplishing these Project purposes to the degree permitted by
state and federal law.
9. Construction Responsibilities
A- The Local Government shall advertise for construction bids, issue bid proposals, receive
and tabulate the bids, and award and administer the contract for construction of the
Project. Administration of the contract includes the responsibility for construction
engineering and for issuance of any change orders, supplemental agreements,
amendments, or additional work orders that may become necessary subsequent to the
award of the construction contract. In order to ensure federal funding eligibility, projects
must be authorized by the State prior to advertising for construction.
B. All contract letting and award procedures must be approved by the State prior to letting
and award of the construction contract, whether the construction contract is awarded by
the State or by the Local Government.
C. All contract change order review and approval procedures must be approved by the State
prior to start of construction.
D. Upon completion of the Project, the party constructing the project will issue and sign a
"Notification of Completion" acknowledging the Project's construction completion.
E. For federally funded contracts, the parties to this LPAFA will comply with federal
construction requirements cited in 23 CFR Part 635 and with requirements cited in 23
CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract
bidding documents. If force account work will be performed, a finding of cost
effectiveness shall be made in compliance with 23 CFR Part 635, Subpart B.
F. Any field changes, supplemental agreements, or revisions to the design plans that may
occur after the construction contract is awarded will be mutually agreed to by the State
and the Local Government prior to authorizing the contractor to perform the work. Prior to
completion of the Project, the party responsible for construction will notify the other party
to this LPAFA of the anticipated completion date. All parties will be afforded the
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opportunity to assist in the final review of the construction services performed by the
contractor.
10. Project Maintenance
A. Upon completion of the Project the Local Government will be responsible for maintaining
the completed facility for public use. The property shall be maintained and operated for
the purpose for which it was approved and funded for a period of time commensurate with
the federal investment. Should the Local Government at any time after Project completion
decide It can no longer maintain and operate the Project for its intended purpose, the
Local Government shall return the federal funds in accordance with CFR federal recapture
requirements. Should the Local Government consider conveying the property, the State
and FHWA must be notified prior to the sale, transfer, or disposal of any property that
received federal funds. Written concurrence of approval for the transaction detailing any
required recapture, must be obtained from FHWA prior to the transaction. Advance notice
from the Local Government of their intended action must be submitted to the State for an
FHWA review a minimum of sixty (60) days prior.to any action being taken by the Local
Government. The Local Government shall be held responsible for reimbursement of all
federal funds used or a portion of those funds based on a pro-rata amount, considering
the original percentage of federal funds provided and the time elapsed from the Project
completion date. This same percentage of reimbursement also applies to any amount of
profit that may be derived from the conveyance of the property, as applicable.
B. Any manufacturer warranties extended to the Local Government as a result of the Project
shall remain in the name of the Local Government. The State shall not be responsible for
honoring any warranties under this LPAFA.
C. Should the Local Government derive any income from the development and operation of
the Project, a portion of the proceeds sufficient for the maintenance and upkeep of the
property, shall be set aside for future maintenance. A project income report shall be
submitted to the State on a quarterly basis. Monies set aside according to this provision
shall be expended using accounting procedures established under OMB-133 and with the
property management standards established in Title 49 CFR §18.32.
D. Should any historic properties be included in or affected by this federally funded Project,
the historic integrity of the property and any contributing features must continue to be
preserved regardless of any approved changes that may occur throughout the life of the
Project.
11. Local Project Sources and Uses of Funds
A. A Project Budget Estimate is provided in Attachment C, showing the total estimated
development cost of the Project. This estimate shows the itemized cost of real property,
utilities, environmental assessments and remediation, architectural and engineering
activities, construction, and any other substantial items of cost. To be eligible for
reimbursement, costs must have been included in the itemized budget section of the
nomination form approved by the Texas Transportation Commission. The State and the
Federal Government will not reimburse the Local Government for any work performed
before federal spending authority is formally obligated to the Project by the Federal
Highway Administration. After federal funds have been obligated, the State will send to
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the Local Government a copy of the formal documentation showing the obligation of funds
including federal award information. The Local Government is responsible for 100% of
the cost of any work performed under its direction or control before the federal spending
authority is formally obligated. Costs may be shifted between work categories after
receiving written approval from the State.
B. If the Local Government will perform any work under this LPAFA for which reimbursement
will be provided by or through.the State, the Local Government must complete training in
Local Government Procedures Qualification for the Texas Department of Transportation
before federal spending authority is obligated. Training is complete when at least one
individual who is working actively and directly on the Project successfully completes and
receives a certificate for the course entitled Local Government Project Procedures
Qua/cation for the Texas Department of Transportation. The Local Government shall
provide the certificate of qualification to the State. The individual who receives the training
certificate may be an employee of the Local Government or an employee of a firm that
has been contracted by the Local Government to perform oversight of the Project. The
State in its discretion may deny reimbursement if the Local Government has not
designated a qualified individual to oversee the Project.
C. A Source of Funds estimate based on the budget provided in the project nomination form
is included as Attachment C. Attachment C shows the percentage and estimated dollar
amounts to be contributed to the Project by state and local sources, as well as the
maximum amount in federal Transportation Enhancement Funds assigned by the
Commission to the project. The parties agree that this agreement may be amended from
time to time as required to meet the funding commitments based on revisions to the
Transportation Improvement Program, FPAA, or other federal document.
D. The Local Government will be responsible for all non-federal participation costs
associated with the Project, including any overruns in excess of the Project cost estimate
and any operating or maintenance expenses. Donations of real property, materials, and
services required for the development of the Project may be eligible to count towards the
local funding share of a project as in-kind contributions, if provided for in the original
Transportation Enhancement Nomination's authorized budget. In order to be considered
eligible, in-kind contributions must be provided from sources other than the Local
Governmental nominating the project. The value of the allowable in-kind contributions of
real property, materials, or services will be based on verification of their fair market value
at donation. In-kind contribution of services are limited to preparation of plans,
specifications, and estimates. The maximum allowable in-kind contribution to a project is
twenty percent (20%) of the eligible Project's cost; however in-kind contributions may not
be used to match the cost of any direct or indirect TxDOT Administrative cost incurred.
The estimate amount of in-kind contribution provided in the project's budget is $0. If a
remaining balance of the Local Government's required match is due after the in-kind
contribution's value is applied, the remainder must be provided in cash. The Local
Government may also provide other property, services, or materials to reduce the overall
cost of a Project, but it will not be considered as an in-kind contribution.
E. The State will be responsible for securing the federal share of funding required for the
development and construction of the Project, in an amount not to exceed eighty percent
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(80%) of the actual cost of the work up to the amount of funds approved for the Project by
the Texas Transportation Commission. Federal funds will be reimbursed on a cost basis.
Project costs incurred prior to Project selection by the Texas Transportation Commission
and approval by the State to proceed are not eligible for reimbursement.
F. Following execution of this LPAFA, but prior to the performance of any review work by the
State, the Local Government will pay to the State the amount sufficient to cover the
estimated cost for the State's review. The Local Government shall advance to the State
ten percent (10%) of the State's administrative and associated cost for review of the
plans, specifications, and estimate. The Local Government must also advance to the
State twenty percent(20%) of the Project's estimated preliminary engineering cost, if the
State is administering the architectural or engineering contract. The estimated amount of
this advance for this Project's preliminary engineering is $0, including cash and allowable
in-kind contributions. At least sixty (60) days prior to the date set for receipt of the
construction bids, the Local Government must advance to the State ninety percent (90%)
of the State's administrative and associated costs for letting and construction. The Local
Government shall also remit its remaining financial share for the Project's estimated
construction and construction engineering costs if the State is letting the project. The
amount to be advanced for this Project's Construction is estimated to be $0, including
cash and allowable in-kind contributions.
G. In the event the State determines that additional funding is required by the Local
Government at any time during the development of the Project, the State will notify the
Local Government in writing. The Local Government is responsible for twenty percent
(20%) of the authorized Project cost and one hundred percent (100%) of any overruns
above the federally authorized amount. The Local Government will make payment to the
State within thirty (30) days from receipt of the State's written notification.
H. Whenever funds are paid by the Local Government to the State under this LPAFA, the
Local Government shah remit a check or warrant made payable to the "Texas Department
of Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project.
I. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due to the Local Government, the State, or the Federal Government will be promptly
paid by the owing party. If, after final Project accounting, excess funds remain in the
escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement with
approval by appropriate personnel of the Local Government.
J. In the event the Project is not completed, the State may seek reimbursement from the
Local Government of the expended federal funds. The Local Government will remit the
required funds to the State within sixty (60) days from receipt of the State's notification.
K. If any existing or future local ordinances, commissioners court orders, rules, policies, or
other directives, including but not limited to outdoor advertising billboards and storm water
drainage facility requirements, are more restrictive than state or federal Regulations, or if
any other locally proposed changes, including but not limited to plats or re-plats, result in
increased costs, then any increased costs associated with the ordinances or changes will
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be paid by the Local Government. The cost of providing right of way acquired by the State
shall mean the total expenses in acquiring the property interests either through
negotiations or eminent domain proceedings, including but not limited to expenses related
to relocation, removal, and adjustment of eligible utilities.
L. The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this LPAFA or indirectly through a contract or subcontract under
this LPAFA. Acceptance of funds directly under this LPAFA or indirectly through a
contract or subcontract under this LPAFA acts as acceptance of the authority of the state
auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
M. The State will not pay interest on any funds provided by the Local Government.
N. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government in accordance with this
LPAFA.
O. The Local Government is authorized to submit requests for reimbursement by submitting
the original of an itemized invoice in a form and containing all items required by the State
no more frequently than monthly, and no later than ninety(90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days after the
costs are incurred, and if federal funding is reduced as a result, the State shall have no
responsibility to reimburse the Local Government for those costs.
12. Inspection of Books and Records
The parties to this LPAFA shall maintain all books, documents, papers, accounting records,
and other documentation relating to costs incurred under this LPAFA and shall make such
materials available to the State, the Local Government, and, if federally funded, the Federal
Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly
authorized representatives for review and inspection at its office during the agreement period
and for four (4) years from the date of completion of work defined under this LPAFA or until
any impending litigation, or claims are resolved. Additionally, the State, the Local
Government, and the FHWA and their duly authorized representatives shall have access to
all the governmental records that are directly applicable to this LPAFA for the purpose of
making audits, examinations, excerpts, and transcriptions.
13. Cost Principles
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in OMB Circular A-87 that specify that all reimbursed costs are allowable,
reasonable, and allocable to the Project.
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14. Lobbying Certification
The parties to this LPAFA reaffirm that no federal funds were used to lobby for Project funds,
but that if any lobbying occurred, it has been reported to the State, pursuant to the
requirements of the Master Agreement.
15. Document and Information Exchange
The Local Government agrees to electronically deliver to the State all general notes,
specifications, contract provision requirements and related documentation in a Microsoft®
Word or similar format. If requested by the State, the Local Government will use the State's
document template. The Local Government shall also provide a detailed construction time
estimate including types of activities and month in which the activity will be completed in the
format required by the State. This requirement applies whether the Local Government
creates the documents with its own forces or by hiring a consultant or professional provider.
At the request of the State, the Local Government shall submit any information required by
the State in the format directed by the State.
16. Incorporation
The Master Agreement is incorporated into this LPAFA as if fully set forth in this LPAFA.
17. Insurance
If this LPAFA authorizes the Local Government or its contractor to perform any work on State
right of way, before beginning work, the entity performing the work shall provide the State with
a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence
of coverage in the amounts and types specified on the Certificate of Insurance for all persons
and entities working on State right of way. This coverage shall be maintained until all work on
the State right of way is complete. If coverage is not maintained, all work on State right of
way shall cease immediately, and the State may recover damages and all costs of completing
the work.
18. Debarment Certification
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance
Programs under Executive Order 12549, "Debarment and Suspension." By executing this
LPAFA, the Local Government certifies that it is not currently debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance Programs under
Executive Order 12549, and further certifies that it will not do business with any party that is
currently debarred, suspended, or otherwise excluded from or ineligible for participation in
Federal Assistance Programs under Executive Order 12549. The parties to this LPAFA shall
require any party to a contract, subcontract, or purchase order awarded under this LPAFA to
certify its eligibility to receive federal funds and, when requested by the State, to furnish a
copy of the certification.
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19. Civil Rights Compliance
The Local Government shall comply with the regulations of the U.S. Department of
Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200),
and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive
Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60).
20. Disadvantaged Business Enterprise Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE
guidelines and in consideration of the local market, project size, and nature of the goods
or services to be acquired. The Local Government shall have final decision-making
authority regarding the DBE goal and shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program referenced
in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the
Texas Department of Transportation's Federally-Approved Disadvantaged Business
Enterprise by Entity, and attachments found at web address
httt)://txdot.gov/business/business outreach/mou.htm.
E. The Local Government shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any U.S. Department of Transportation (DOT)-
assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Local Government shall take all necessary and reasonable steps under
49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted
contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by
DOT, is incorporated by reference in this LPAFA. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this
LPAFA. Upon notification to the Local Government of its failure to cant' out its approved
program, the State may impose sanctions as provided for under 49 CFR Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub-contractor) must include the following assurance: The
contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts. Failure by the contractor to cant'out these requirements is a material
breach of this agreement, which may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
21. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient or sub-recipient of funds under this agreement agrees to comply with the
Federal Funding Accountability and Transparency Act (FFATA) and implementing
AFA—LPAFA_TE Page 12 of 14 Rev. 05/04/2011
CSJ#0920-38-239 Fed.# STP 2011(247)TE
District#20
Code Chart 64#03200
Project: Delaware Folsom Multi-use Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the
following award terms: http://edocket.access.-qpo.gov/2010/pdf/2010-22705.pdf and
http://edocket.access.or)o.gov/2010/pdf/2010-22706.pdf.
B. For sub-awards greater than $25,000, the Local Government, as a recipient of federal
funding, agrees that it shall:
1. Obtain and provide to the State and the federal government, a Central Contracting
Registry (CCR) number with the federal government (Federal Acquisition Regulation,
Part 4, Sub-part 4.1100). The CCR number may be obtained by visiting the CCR web-
site whose address is: https:HWww.bpn.gov/ccr/default.aspx;
2. Obtain and provide to the State and the federal government, a Data Universal Numbering
System (DUNS) number, a unique nine-character number that allows the federal
government to track the distribution of federal money. The DUNS number may be
requested free of charge for all businesses and entities required to do so by visiting the
Dun & Bradstreet (D&B) on-line registration website http://fedaov.dnb.com/webform; and
3. Report the total compensation and names of its top executives to the State and federal
government if:
i. More than 80% of annual gross revenues are from the Federal government, and those
revenues are greater than $25,000,000 annually; and
ii. Compensation information is not already available through reporting to the
U.S.Securities and Exchange Commission.
22. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-
502, ensuring that the single audit report includes the coverage stipulated in OMB Circular
A-133.
B. If threshold expenditures of$500,000 or more are met during the Local Government's
fiscal year, the Local Government must submit a Single Audit Report and Management
Letter(if applicable)to TxDOT's Audit Office, 125 East 11 th Street, Austin, TX 78701 or
contact TxDOT's Audit Office at http://www.txdot.gov/contact us/audit.htm .
C. If expenditures are less than $500,000 during the Local Government's fiscal year, the
Local Government must submit a statement to TxDOT's Audit Office as follows: "We did
not meet the $500,000 expenditure threshold and therefore, are not required to have a
single audit performed for FY "
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the LPAFA, unless otherwise
amended or the project has been formally closed out and no charges have been incurred
within the current fiscal year.
23. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement
on behalf of the entity represented.
AFA—LPAFA TE Page 13 of 14 Rev. 05/04/2011
CSJ#0920-38-239 Fed.#STP 2011(247)TE
District#20
Code Chart 64#03200
Project: Delaware Folsom Multi-use Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date
AFA—LPAFA TE Page 14 of 14 Rev. 05/04/2011
CSJ#0920-38-239 Fed.# STP
2011(247)TE
District#20
Code Chart 64#03200
Project: Delaware Folsom Multi-use
Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA—LPAFA TE Page 1 of 1 Attachment A
CSJ#0920-38-239 Fed.# STP
2011(247)TE
District#20
Code Chart 64#03200
Project: Delaware Folsom Multi-use
Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT B
PROJECT LOCATION MAP
AFA—LPAFA_TE. Page 1 of 1 Attachment B
CSJ#0920-38-239 Fed.# STP 2011(247)TE
District#20
Code Chart 64#03200
Project: Delaware Folsom Multi-use Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
ATTACHMENT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Off System-TE Project Budget Estimate
LG Performs PE Work or Hires Consultant/Local Let Pro ect to Construction Contract
a. pM
"MTm3+Yc _
E—includes design,planning,PS&E, $142,300 80% $113,840 0% 28,460
clearances&administration by LG
nvironmental Cost-by LG 15,000 0% 12,000 0% 3,000
OW—Acquisition and associated costs by LG 0
xDOT-PE Phase—Direct State Cost 10,779 0% 8,623 77o""'
$2,156
reviews,clearances,admin.,coordination,etc.
escri tion of Project Cost and credit to be incurred:
xDOT-Construction Phase—Direct State P97,015 0% 77,612 % 0 0% *$19,403
Costs-oversight, inspection, site visits,etc. r r r r
onstruction Contract—work bid items, letting 561,324 0% 9,059 % 0 0% 112,265
ees,clearances,permits,etc. ,CE
ther Associated Construction Cost
AFA—LPAFA TE Page 1 of 2 Attachment C
CSJ#0920-38-239 Fed.#STP 2011(247)TE
District#20
Code Chart 64#03200
Project: Delaware Folsom Multi-use Connector
Federal Highway Administration
CFDA#20.205
Not Research and Development
The Estimated Total Participation by the Local Government is$165,284,plus 100%of overruns. Payment of the Local's share of TxDOT's ADM PE Cost to be
incurred is $2,156,due within 30 days from execution of the AFA contract. Payment of the Local's share of TxDOT's ADM Cost for Construction to be incurred is
$19,403,due 60 days prior to the Construction contract being advertised for bids.This is an estimate.The eligible percent of required local match as stated in the
nomination is 20%or greater.The final amount of Local Government participation will be based on actual costs and values. The Maximum TE federal funds
available for the project are$661,134.
AFA—LPAFA_TE Page 2 of 2 Attachment C
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 Local Transportation
Project Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT) for the Delaware Folsom Multi-Use Connector Project
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July,
2011.
- Mayor Becky Ames -
S
July 26,2011
Consider approving a contract to supply motor fuels at automated city-owned fuel sites and at
retail locations for the fueling of city vehicles
RICH WITH OPPORTUNITY
REAUM,DN*
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: July 26, 2011
REQUESTED ACTION: Council consider the award of a contract to supply motor
fuels at automated city-owned fuel sites and at retail
locations.
RECOMMENDATION
The administration recommends the award of a three(3)year contract to Fleetcor Technologies
Operating Company, LLC, dba Fuelman, of Norcross, Georgia.
BACKGROUND
The City maintains two (2) automated fuel sites on City property. Bids were solicited for a three
(3)year contract to supply consigned gasoline and diesel fuel to these sites. Fuel cards are
assigned to individual City vehicles and may be used to obtain fuel from contracted retail
locations or from the city-owned sites. Pricing is based on the Oil Price Information Service
(OPIS)published rates for Beaumont, TX.
Bids were solicited from fourteen(14)vendors. The sole response was from Fuelman,who
held the previous contract. Pricing is $.144 per gallon above the OPIS rate. The rate for the
previous contract was $.129 per gallon. The City expended$2,169,822 on the FY2010 contract.
BUDGETARYIMPACT
Funds are available for this expenditure in the user Departments' operating budgets.
RESOLUTION NO.
WHEREAS, bids were solicited for a three (3) year contract to supply consigned
gasoline and diesel fuel to automated fuel sites on City property; and,
WHEREAS, Fleetcor Technologies Operating Company, LLC, dba Fuelman, of
Norcross, Georgia, submitted a bid in the amount of$.144 per gallon above the Oil Price
Information Service (OPTS) published rates for Beaumont, Texas; and,
WHEREAS, the City Council is of the opinion that the bid submitted by Fleetcor
Technologies Operating Company, LLC, dba Fuelman, of Norcross, Georgia, should be
accepted;
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, in
all things, approved and adopted; and,
THAT the bid submitted by Fleetcor Technologies Operating Company, LLC, dba
Fuelman, of Norcross, Georgia,for a three (3)year contract to supply consigned gasoline
and diesel fuel at automated city-owned fuel sites,in the amount of$.144 per gallon above
the Oil Price Information Service(OPTS)published rates for Beaumont,Texas,be accepted
by the City of Beaumont; and,
THAT the City Manager be and he is hereby authorized to execute a contact with
Fleetcor Technologies Operating Company,LLC,dba Fuelman,forthe purposes described
herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July,
2011.
- Mayor Becky Ames -
7
July 26,2011
Consider approving a contract for shutters, storefront doors and window screens for the Police
Department Building and the Emergency Operations Center
RICH WXTH OPPORTUNITY
R,EA,UN,011A*T Z - X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Q9.
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: July 26,2011
REQUESTED ACTION: Council consider the award of a bid for Shutters, Storefront
Doors and Window Screens for the Police Department
Building and the Emergency Operations Center.
RECOMMENDATION
Administration recommends the award of a bid to H. B. Neild& Sons,Inc. of Beaumont in the
amount of$559,450.
BACKGROUND
City Council authorized the application and receipt of funds from the U. S. Department of
Homeland Security DR-1791 Hazard Mitigation Grant Program for improvements to the roof and
window integrity of the Emergency Operation Center(EOC)/911 Communications Center and
Police Buildings on July 28, 2009. On July 14, 2011,bids were received for furnishing and
installing new storefront doors,window screens and motorized shutters at the two facilities.
The Police Building will receive new storefront windows, doors and motorized shutters. The
existing doors are original to the building and continue to leak during wind driven rain events.
The shutters will protect entrances from flying debris and rain.
Impact resistant window screens and motorized shutters will be installed at the EOC to shelter
the building from flying debris and wind driven rain. Alternate No. 2 includes the installation of
shutters and screens on the rooftop's mechanical penthouse.
The new shutters are designed to withstand 150 m.p.h. winds meeting Hurricane Category 5
standards. The retrofits to these buildings will provide employees with a safe shelter during
emergency weather events.
Hurricane Shutters,Doors and Screens
July 26, 2011
Page 2
Contractor Base Bid Alt. 1 Alt.2 Completion
Time
H. B. Neild& Sons,Inc. $554,069 <2,698> $5,381 $210 days
Beaumont,TX
Bruce's General Construction $573,542 <$3,000> $2,464 Did not state
Beaumont, TX
Lange Brothers, Inc. $584,325 <$3,300> $4,208 120 days
Pt. Arthur,TX
The apparent low bidder, H. B.Neild& Sons, Inc., does not plan to subcontract any work to
MBE/HUB vendors.
Alternate No. 1 was a deduction in price to reduce the glass thickness in doors from 1 inch to
9/16 inch. Staff recommends the base bid and Alternate No. 2 only. One other bid was received
but withdrawn due to an error in their bid.
Work will commence by August 10 and be completed in 210 days.
BUDGETARY IMPACT
Funds for this project are provided by a U. S. Department of Homeland Security Hazard
Mitigation Grant. This grant requires a match of 25%or$139,862.50,which is available in the
Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a bid to H. B. Neild & Sons, Inc., of
Beaumont, Texas, in the amount of$559,450 for motorized shutters, storefront doors and
window screens for the Police and Municipal Court Buildings.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July,
2011.
- Mayor Becky Ames -
8
July 26,2011
Consider authorizing the award of two contracts to rehabilitate eight(8)properties associated
with the National Stabilization Program
i
RICH WITH OPPORTUNITY
BEAUM-O"N*
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: July 26, 2011
REQUESTED ACTION: Council consider authorizing the award of two contracts to
rehabilitate a total of eight(8)properties associated with
the National Stabilization Program.
RECOMMENDATION
The Administration recommends the award of a contract to NVT Construction of Port Arthur, in
the estimated amount of$267,000 and B&B Construction of Nederland, in the estimated amount
of$197,844.92.
BACKGROUND
In response to the recent decline of property values and mortgage foreclosures across the
country,the U.S. Department of Housing and Urban Development(HUD) developed the
Neighborhood Stabilization Program(NSP), in order to assist with the revitalization and
stabilization of impacted communities. The NSP was designed to provide targeted assistance to
State and local Governments to acquire and redevelop abandoned and/or foreclosed homes and
residential properties that might otherwise become sources of blight within the neighborhoods.
The City of Beaumont received a Grant in the amount of$1,125,873 to purchase, rehabilitate and
sell affordable housing to low income citizens. With these funds the City has purchased eight
homes which are ready for rehabilitation.
Bids for the rehabilitation of the eight(8)properties were divided into two (2) groups of four(4)
properties per bid due to a restricted time frame in which to complete the rehabilitation. At the
mandatory pre-bid meeting, bidders were told that price, experience of the contractor and the
time of completion would be the main criteria in awarding the bids. The pre-bid meeting also
stressed the importance of completing the rehabilitation of all the structures by October 15, 2011.
Page 2
Rehabilitate Structures for NSP
July 26, 2011
NVT Construction is the qualified bidder with the shortest completion time in Bid PF0611-07.
B&B Construction is the qualified bidder with the shortest completion time in Bid PF0611-08.
Bid tabs are attached.
BUDGETARY Il"ACT
Grant funds are available from the U.S. Department of Housing and Urban Development and
require no matching funds.
Bid Name: Rehabilitation of Four(4)Properties for NSP
Bid Number: PF0611-08
Bid Opening: 7/14/2011
Contact Person: Patrick Bardwell
vbardwell(dci.beaumont.tx.us
Phone: 409-880-3175
Vendor B&B Construction Altura Homes DFW Geofill Material Technologies* Excello Construction
city/State Nederland, TX Beaumont, TX Floresville, TX Beaumont, TX
LOCATION Days Price Days Price Days Price Days Price
4465 Woodlawn 63 $72,256.00 60 $77,990.00 10/15/11 $115,000.00 60 $98,071.00
1545 Ave G 49 $47,327.42 60 $66,582.00 10/15/11 $50,700.00 60 $82,204.00
2254 Ave D 49 $46,084.00 60 $73,703.00 10/15/11 $50,000.00 60 $88,777.00
3890 Kenneth 42 $32,177.50 60 $31,669.00 10/15/11 $50,700.00 60 $35,307.00
TOTAL BID 203 $197,844.92 240 J $249,944.00 $266,400.00 240 $304,359.00
* Vendor does not meet specifications
Bid Name: Rehabilitation of Four(4)Properties for NSP
Bid Number: PF0811-07
Bid Opening: 7/14/2011
Contact Person: Patrick Bardwell
obardwellgilci.beaumont.bcus
Phone: 409-880-3175
Vendor NVT Construction B&B Construction Excello Construction
city/State Port Arthur, TX Nederland, TX BEAUMONT,TX
LOCATION Days Price Days Price Days Price
2695 Houston 21 $58,000.00 49 $55,021.95 60 $56,873.59
2928 Goliad 21 $58,000.00 56 $61,796.70 60 $84,777.93
3965Lydia 35 $85,000.00 56 $67,121.25 60 $92,510.00
1929 Texas Ave 28 $66,000.00 63 $79,486.00 60 $102,442.00
TOTAL BID 105 $267,000.00 224 $263,425.90 240 $336,603.52
Vendor Geofill Material Tech Altura Homes DFW
city I State Floresville,TX Beaumont, TX
LOCATION Days Price Days Price
2695 Houston 10/15/11 1, 0.00 60 $61,972.00
2928 Goliad 10/15/11 $65,000.00 60 $61,972.00
3965 Lydia 10/15/11 $120,000.00 60 $75,187.00
1929 Texas Ave 10/15/11 $75,500.00 60 $80,853.00
TOTAL D $321, 240 $279,754-
RESOLUTION NO.
WHEREAS,bids were solicited for contracts to rehabilitate eight(8)properties under
the Neighborhood Stabilization Program; and,
WHEREAS, NVT Construction of Port Arthur, Texas, submitted a bid in the amount
of $267,000.00 (Bid No. PF0611-07) and B&B Construction of Nederland, Texas,
submitted a bid in the amount of$197,844.92 (Bid No. PF0611-08), as shown below:
Location Days Price
NVT Construction 2695 Houston 21 $58,000.00
2928 Goliad 21 $58,000.00
3965 Lydia 35 $85,000.00
1929 Texas Ave. 28 $66,000.00
Total Bid 105 $267,000.00
B&B Construction 4465 Woodlawn 63 $72,256.00
1545 Ave G 49 $47,327.42
2254 Ave D 49 $46,084.00
3890 Kenneth 42 $32,177.50
Total Bid 203 $197,844.92
and,
WHEREAS, City Council is of the opinion that the bids submitted by NVT
Construction and B&B Construction in the amounts shown should be accepted;
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, in
all things, approved and adopted; and,
THAT the bids submitted by NVT Construction of Port Arthur, Texas, and B&B
Construction of Nederland, Texas, for the rehabilitation of a total of eight(8) homes under
the Neighborhood Stabilization Program in the amounts shown above be accepted by the
City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July,
2011.
- Mayor Becky Ames -
9
July 26,2011
Consider approving a resolution to write-off uncollectible delinquent accounts associated with
EMS ambulance charges and weed abatement charges
RICH WITH OPPORTUNITY
BEA,00N*
T • a • a • A • 8 City Council Agendas Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer q1C)
MEETING DATE: July 26, 2011
REQUESTED ACTION: Council c eider approving a resolution to write-off
uncollectible delinquent accounts.
RXCOMMENDATION
The administration requests approval of a resolution to write-off uncollectible delinquent accounts
totaling$286,085.35 for which each individual account exceeds$1,000.00.
BACKGROUND
This request is in accordance with the write-off policy approved by City Council on December 21,
1999. The policy gives Council the final authority to write-off an individual account receivable
identified as uGncollectible when the balance due exceeds$1,000.00. Accounts included are for
transactions between 2008 and 2009 and collection efforts have been unsuccessful. A summary
by receivable type is shown below.
1. EMS Ambulance Charges- $182,357.60
These charges front ambulance transports include uninsured claims or co-pay and
deductibles that the customer should be responsible for. The original charge dates range
from 2008 to 2009 and accounts have been uncollectible for at least one year.
2. Weed Abatement Charges-$103,727.75
Charges included in this total were sent to the collection agency in 2008 to 2009. These
accounts are difficult to collect because of limited owner information.
If at any time an account becomes collectible aft having been written off,the receivable of the
City shall be adjusted accordingly. The balance of the account shall be reinstated and payments
shall be applied to that balance.
BUDGETARY EMPACT
None
Write off-Accounts$1000 and over
EMS 182,357.60
Weed Abatement 103,727.75
Total 286,085,35
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the write-off of the following uncollectible
delinquent accounts totaling $286,085.35 for which each individual account exceeds
$1,000, as shown on Exhibit "A" attached hereto:
EMS Ambulance Charges $182,357.60
Weed Abatement Charges $103,727.75
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July,
2011.
- Mayor Becky Ames -
Write off-Accounts$1000 and over
CUST ID NAME TYPE CHARGE BILLING DATE BALANCE
-ADAMS WILLIAM J Total 1,517.00
ALEX,EDWARD ESTATE Total 2,377.09
ALFORD,JEROME Total 2,130.00
ARCELLA Total 1,941.00
ARCENEAUX,JEREMY Total 1,290.00
ARMSTRONG,SABRINA Total 1,280.00
BAILEY,DEAN Total 1,360.00
BAILEY,LAYTON Total 1,240.00
BAKER,PATRICIA Total 1,240.00
BAPTISTE,ELOUISE Total 1,220.00
BARBEE,ANTHONY Total 1,240.00
BARBER,CRYSTLE Total 1,240.00
BARNES,VANESSA Total 1,070.00
BARNETT,CONSTANCE Total 1,220.00
BATISTE,DEMITRAL Total 1,260.00
BATTLE,TERRY Total 1,150.00
BAZALDUA,JOSE Total 1,190.00
BEAL,LARRY Total 1,420.00
BENBOW,ROBERT Total 1,290.00
BENNETT,FLOYD Total 1,270.00
BENNETT,KEVIN LLOYD Total 1,920.00
BERNAL,AUSA Total 1,090.00
BERTRAND,RACHEL Total 1,290.00
BEVERLY,ENIS Total 1,270.00
BEVERLY,PAMELA Total 1,980.00
BILLUPS,LINDA Total 1,270.00
BIRCHER,GEORGE Total 1,830.00
BLUE,KIMBERLY Total 1,160.00
BOUTTE,GABRIELLE Total 1,290.00
BROWN,BARRETT Total 1,360.00
BROWN,DUSTIN Total 1,340.00
BROWN,LAURA Total 1,260.00
CARTER,KEARSTON Total 1,190.00
CARTER VERLINE Total 1,501.50
CASSIMERE,ISIAH Total 4,540.00
CAUDLE W T Total 1,938.15
CLARK,MARY Total 1,250.00
COCO CONCETTA ESTATE Total 1,156.00
COLLINS,HENRY Total 1,880.00
COOK,RODNEY Total 1,210.00
CORMIER,BONNIE Total 2,110.00
COWARD ADAM SR Total 1,027.45
DAWKINS,CHRISTINE Total 1,260.00
DEBINE,TRINKA Total 1,350.00
DEYOUNG JOHN Total 1,719.00
EXHIBIT "A"
DICKSON ETHEL STEINMAN Total 1,521.10
DILLION,KENNETH DALE Total 1,300.00
DREW,CLARA Total 1,400.00
DUMAS RAYMOND SR Total 11438.50
EGLAND RAYMOND Total 1,092.25
ELAM,MARCUS DEMOND Total 1,330.00
ELUOTT,CEDRIC Total 1,280.00
FAIRFAX,BARBARA Total 1,210.00
FALKOWITZ BENJAMIN Total 1,289.00
FOSTER,RICKEY Total 1,190.00
FRANK,ALFRED Total 1,267.52
FRANK,CLIFFORD Total 1,568.72
FRANKLIN,CATHY Total 1,983.37
FREEMAN,JAMES Total 1,010.00
GANT,CYNTHIA Total 1,250.00
GARCIA,JAMES Total 3,036.56
GARRETT,SHAWN Total 1,940.00
GILES DOLORES Total 1,934.15
GILFORD DAISEY Total 1,261.40
GILLAM,NIKKETA Total 1,160.00
GOMEZ,SERGIO Total 1,260.00
GOUTHIA LARRY J Total 1,386.90
GREEN LUEDELLA Total 1,406.00
GRIFFIN SEAN CLAUD Total 1,060.00
GRIGGS,CHRISTINE Total 1,250.00
GUIDRY,ROBERT Total 1,290.00
GUILSEAUX EMELDA Total 1,178.00
HADNOT,PHEOBE YVETTE Total 1,246.60
HAWKINS,MICHAEL Total 1,810.00
HAWTHORNE,JAMES Total 1,310.00
HIGDON,TIMOTHY Total 1,230.00
HIGGINS,KNELL Total 1,310.00
HOLLAND,TIFFANY Total 1,200.00
HOLLYWOOD STREET BAPTIST Total 1,327.74
HOLMAN HARVEY Total 1,208.00
HOOVER,JEREMY Total 3,080.00
HORNE,LIONEL Total 1,230.00
HOWARD,MICHEAL Total 6,700.00
JACKSON FLORA Total 1,286.36
JACKSON FRANKIE D ESTATE Total 1,114.08
JACKSON,LARRY Total 1,170.00
JACKSON,USA Total 4,340.00
JACQUET,RODRICK Total 1,450.00
JOHNSON,HARRISON Total 1,880.00
JOHNSON,TABS Total 1,400.00
JOHNSON,VALUE Total 1,280.00
JONES,NELLENIA Total 1,250.00
JONES,ROBERT T Total 1,010.45
JONES,TERRY Total 1,230.00
JONES,TONI YVONNE Total 1,130.00
JOSEPH,BEVERLY&Total 1,044.90
KANZANI,ABDUL AU Total 1,920.00
KNIGHT,LACIE Total 1,240.00
KNIGHTON BESSIE MARIE Total 1,08.9.25
KRUZIK,RONALD Total 1,270.00
KULIFY,JOHNNY Total 1,820.00
LAGIOS,DEENA Total 1,240.00
LAMAR DEV CORP Total 1,119.90
LAMB CAROLYN F ET AL Total 1,321.25
LANDRY,L C ESTATE Total 1,071.20
LEE,MY Total 1,050.00
LEWIS,DIAMOND Total 1,331.55
LEWIS,LEKEISHA Total 3,240.00
LEWIS,TRAVIS Total 2,430.00
LITTLE,EDWARD JR Total 1,184.61
LIVING,BRITNEY Total -1,310.00
LONDON OZIE Total 1,417.75
LYONS,JAMES Total 1,260.00
MARTIN THOMAS JOSEPH Total 1,208.50
MATTHEWS,DONALD Total 1,260.00
MAYES,JOSEPH Total 1,410.00
MCCLAIN,RICHARD ALLEN Total 1,335.85
MCDANIEL MILLER B EST Total 1,506.80
MCGINNIS NATHANIEL H SR Total 1,375.65
MCGRIFF DARRICK Total 1,561:00
MCSHAN,CONSTANCE ELIZABETH Total 1,220.00
MEEK,ALLEN Total 2,223.50
MERRILL,ROGER Total 1,153.97
MITCHELL,WADE Total 1,220.00
MOORE,LARY ESTATE Total 1,200.00
MOSSY RICHARD Total 1,633.75
NAUGLE,ROBERT Total 1,280.00
NECHES LODGE NO 593 BPOE Total 1,343.75
PALMER GWENDOLYN ANN Total 1,474.70
PATERNO DORALINA G Total 1,126.00
PATTERSON,ABE Total 1,781.48
PERRIO,DARRYL Total 1,140.00
PHILLIPS,LARRY Total 1,270.00
POLIDORE,HERBERT Total 1,260.00
PORTIES,FRANCE Total 1,078.14
POWER INC Total 1,076.00
R&B HOMES LLC Total 1,622.60
RAMSEY,SHERRIE Total 1,250.00
RANDOLPH ALVIN G Total 1,622.88
RATLIFF,JANINE Total 1,260.00
REDEAUX JOHN JR Total 1,433.70
RICHARDSON FORREST E ESTA Total 1,060.50
ROBERSON,JAMES Total 1,210.00
RODRIGUEZ,EVE Total 1,300.00
ROUSE HELENE E Total 2,049.00
RUIZ GENOVEVA R Total 2,031.75
RUIZ,JOSE Total 1,530.65
SANDERS,DANYCE Total 1,130.00
SANDERS DELIIAAR F ESTATE Total 1,662.25
SANDERS,INDIE R Total 2,561.85
SEALE ED Total 1,621.08
SEGURA,RAY KENLY Total 1,170.00
SHERMAN&SHERMAN INC Total 1,072.75
SIMMONS JAMES Total 2,108.00
SINCLARE MARIEANN Total 1,023.02
SKOUTEUS,KAUOPI Total 1,160.00
SMITH LEONA ET AL Total 1,599.25
STATEWIDE CONSOLIDATED Total 1,593.73
STEWART,SEAN MICAL Total 1,150.00
SUIRE,CONSTANCE Total 1,247.50
SUTTON,DETAVION JOHN Total 1,506.99
TATUM MYRTLE LAVERGNE Total 1;438.50
TERRELL LAVERT BLANCHETT Total 3,727.75
THIBODEAUX JOSEPH Total 1,581.16
THOMAS,RICHARD Total 1,270.00
THOMAS,TYWAN Total 1,190.00
TIMS,KATIE Total 1,240.00
TORRES,GILBERTO Total 1,360.00
TOUSSAINT,WILSON Total 1,400.00
TRAYLOR,JODY Total 1,280.00
VAUGHN,DAVID Total 1,222.00
VENZAJ R ESTATE Total 1,153.25
WALES,KATIE Total 1,340.00
WALKER,ERNEST Total 1,240.00
WASHINGTON SARAH Total 2,325.15
WASHINGTON,SHANNON Total 1,280.00
WATTS ROSS CTotal 1,184.95
WEnUL,CHARLENE Total 1,200.00
WELLS,MARION Total 1,090.00
WELLS,TONY Total 1,170.00
WHITE,WANDA Total 1,170.00
WILDE,DONNA Total 1,270.00
WILLIAMS,OLSON Total 1,300.00
WILLIAMS,SHERITA Total 1,880.00
WILRIDGE,SHALONDA Total 1,970.00
WILSON CHARLES F Total 1,068.50
WILSON,NICOLE Total 4,140.00
WITHROW,CONNIE Total 1,860.00
WOLFORD PAT Total 1,138.20
WOODS,FRANK EST Total 1,325.00
Witte off-Accounts$1000 and over
EMS 182,357.60
Weed Abatemnt 1,03,727.75
Total 286,08&35