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PACKET SEP 20 2011
ays ra'a KA T + S o Z A ; B REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 20,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—September 13,2011 * Confirmation of committee appointments Emily Coxe would be appointed to the Parks and Recreation Advisory Committee. The term would commence September 20, 2011 and expire September 19,2013. (Councilmember Mike Getz) Christopher Plaunty would be reappointed to the Board of Adjustment(Zoning). The current term would expire March 23,2013. (Mayor Becky Ames) Pat Avery would be reappointed to the Board of Adjustment(Zoning). The current term would expire January 6,2013. (Mayor Becky Ames) Christy Amuny would be reappointed to the Board of Adjustment(Zoning). The current term would expire March 23,2013. (Mayor Becky Ames) Joey Hilliard would be reappointed to the Board of Adjustment(Zoning). The current term would expire February 17,2013. (Mayor Becky Ames) Deloris Comeaux Guidry would be reappointed to the Community Development Advisory Committee. The current term would expire July 10,2013. (Councilmember Gethrel Williams- Wright) Connie Berry would be reappointed to the Community Development Advisory Committee. The current term would expire September 12,2013. (Councilmember Mike Getz) Ryan Smith would be reappointed to the Convention and Tourism Advisory Board. The current term would expire September 11,2013. (Councilmember Alan B. Coleman) Wayne E. Duerler-Fire Representative would be reappointed to the Construction Board of Appeals(Building). The current term would expire February 7,2013. (Mayor Becky Ames) Myra Clay would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire October 12,2012. (Mayor Becky Ames) Steve McGrade would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire July 14,2013. (Councilmember W. L. Pate,Jr.) A. Approve a six month contract for the purchase of liquid chlorine B. Approve a resolution to write-off uncollectible water accounts C. Authorize the City Manager to sign a memorandum of agreement with the U.S.Army, 842°d Transportation Battalion D. Authorize the acceptance of a ten foot wide Exclusive Sanitary Sewer Easement at 2905 Washington Blvd. E. Authorize the City Manager or his designee to execute various liens on behalf of the City of Beaumont F. Authorize the City Manager to assign fiend balances for a specific purpose in accordance with GASB 54 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Aopointment Commission %winning Expication of T rtn of Term Emily Coxe Parks and Recreation Advisory Committee 09/20/11 09/19/13 THAT the following reappointments be made: Reaepointment Commission BMinnino Expiration of a of Term Christopher Plaunty Board of Adjustment(Zoning) 09/20/11 03/23/13 Pat Avery Board of Adjustment(Zoning) 09/20/11 01/06/13 Christy Amuny Board of Adjustment(Zoning) 09/20/11 03/23/13 Joey Hilliard Board of Adjustment(Zoning) 09/20/11 02/17/13 Deloris Comeaux Guidry Community Development Advisory 09/20/11 07/10/13 Committee Connie Berry Community Development Advisory 09/20/11 09/12/13 Committee Ryan Smith Convention and Tourism Advisory Board 09/20/11 09/11/13 Wayne E. Duerler Construction Board of Appeals(Building) 09/20/11 02/07/13 (Fire Representative) Myra Clay Parks and Recreation Advisory Committee Q9/20/11 10/12/13 Steve McGrade Parks and Recreation Advisory Committee 09/20/11 07/14/13 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - A RICH WITH OPPORTUNITY :B AUN, 0 ;E N* T E • g • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 20, 2011 REQUESTED ACTION: Council consider the award of a six(6)month contract for liquid chlorine. RECOMMENDATION: The Administration recommends the award of a contract to Altivia Corp., of Houston, in the estimated amount of$71,700. BACKGROUND Bids were requested for a six (6)month contract to supply water treatment chemicals for use by the Water Utilities Department. Liquid chlorine is used to disinfect and purify the City's water supply. Nine (9)vendors were notified; two (2)vendors submitted bids. The contract is to furnish liquid chlorine at the fixed unit price of$478 per ton. The price for the previous six (6)months was $482 per ton. Bid tabulation is as follows: VENDOR TONS PRICE/TON TOTAL Altivia Corp. 150 $478.00 $71,700.00 Houston, TX DXI Industries 150 $501.80 $75,270.00 Houston, TX BUDGETARY IMPACT Funds are budgeted for this expenditure in the Water Utilities Fund. RESOLUTION NO. WHEREAS, bids were solicited for a six(6)month contract for the purchase of liquid chlorine for use by the Water Utilities Department; and, WHEREAS,Altivia Corporation,of Houston,Texas,and DXI Industries,of Houston, Texas, submitted bids in the unit amounts shown below: VENDOR TONS PRICE /TON TOTAL Altivia Corp. 150 $478.00 $71,700.00 Houston, TX DXI Industries 150 $501.80 $75,270.00 Houston, TX and, WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation of Houston, Texas, 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 Altivia Corporation, Houston, Texas, for a six (6) month contract for the purchase of liquid chlorine in the unit prices shown above for an estimated total expenditure of$71,700 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUMON* T • E • X • A - 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 20, 2011 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible water accounts. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible water accounts totaling $25,761.73, 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 uncollectible when the balance due exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from December of 2009 through June of 2010. A detailed report is attached. Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at anytime an account becomes collectible after having been written-off,the receivables of the City will be adjusted accordingly. The balance of the account will be reinstated and payments will be applied to the balance. In addition, the customer will not be able to obtain new water service with the City until the delinquent balance has been paid. BUDGETARYIMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, in accordance with adopted policy, the Council hereby approves the write-off of uncollectible water accounts totaling$25,761.73 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto. PASSED by the City Council of the City of Beaumont this the 20th day September, 2011. - Mayor Becky Ames - PREPARED 9/14/11, 11:49:25 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY - IN HOUSE City of Beaumont - Customer Service ------------------------------------------------------------------------------------------------------------------------------------ CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - - - - - - - - - - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION --------------------------------------------------------------—-------------------------------------------------------------------- 406207 AIMS OUPSOIDtCING USA, LLC (409) 892-2222 2095 N 11TH ST BEAUMONT TX 77703-4909 408056 2095 NLEVENTH N ST 9/12/11 16,037.16 16,037.16 5/04/10 9 YES 401875 CANPJOBCPION (409) 898-2966 598 PATNA DR BEAUMONT TX 77713-3961 231590 8690 HIGHWAY 105 9/12/11 1,099.44 1,099.44 6/14/10 24 YES 397463 HARGRAVE,G'RMGORY (409) 504-0469 2020 COTTONWOOD ST APT 77 BEAUMONT TX 77703-5167 408958 3795 YOUNGSTOWN 9/12/11 1,085.55 1,085.55 12/23/09 27 YES 403919 JOHNSON,JOHERTHAN J (409) 499-5338 1498 BROCKMAN ST BEAUMONT TX 77705-2006 147392 1375 CHURCH ST 9/12/11 2,526.68 2,526.68 2/15/10 8 YES 231299 PHILLIP JR,RONALD J 081032995008 (409) 466-1897 2250 EVALON ST BEAUMONT TX 77701-1027 420102 3340 GLBNNOOD 9/12/11 1,194.73 1,194.73 12/22/09 94 YES 245723 SMITH,SHARON 081123206901 (409) 842-3746 2260 HAZEL ST APT 6 BEAUMONT TX 77701-1545 207320 5749 MEL SHA IN 9/12/11 1,223.21 1,223.21 3/18/10 38 YES 403787 US PIPELINE (210) 275-3644 PO BOX 1927 MOOSE PASS AK 99631-1927 232448 HIGHWAY 69 9/12/11 1,419.11 1,419.11 1/06/10 7 YES 402689 NIIWT,TERA (409) 813-8584 4303 CONCORD RD REAR BEAUMONT TX 77703-1836 223476 3250 LAMPASSAS ST 9/12/11 1,175.85 1,175.85 3/08/10 16 YES — COLLECTION AGENCY TOTALS- NO. OF CUSTOMERS- 8 25,761.73 25,761.73 DELETED RECORDS .00 .00 EXHIBIT "A" C RICH WITH OPPORTUNITY BEAUMON* T • Z • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: September 20, 2011 REQUESTED ACTION: Council authorize the City Manager to sign a memorandum of agreement with the U.S. Army, 842nd Transportation Battalion. RECOMMENDATION Administration recommends approval. BACKGROUND The U. S. Army, 842nd Transportation Battalion manages transportation of military resources through the Port of Beaumont, which is the number one port of military embarkation in the United States. The 842nd is coordinating with Beaumont Emergency Management to establish a formal agreement supporting coordinated emergency operations,planning,training, and recovery. As a portal to their Battalion Headquarters and the Port, and with a large hardened Emergency Operations Center, Beaumont provides a prime opportunity to assist in maintaining continuity of military transportation functions in the event their headquarters facility is unavailable due to emergencies or disaster. The City benefits by supporting and maintaining a nationally critical and economically advantageous operation, as well as by providing us an opportunity for manpower assistance, equipment support, and planning expertise from the Battalion. This agreement supports and solidifies the current informal cooperation between our organizations. BUDGETARYIMPACT No expenditures are authorized by this agreement of mutual aid. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Memorandum of Agreement with the United States Army 842nd Transportation Battalion for coordinating emergency and disaster preparation and response actions and to support continuity of Strategic Port of Embarkation (SPOE) operations. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - MEMORANDUM OF AGREEMENT BETWEEN BEAUMONT POLICE DEPARTMENT AND U.S ARMY 842ND TRANSPORTATION BATTALION 1. PURPOSE: This agreement outlines actions for emergency and/or disaster coordination between the Beaumont Police Department(BPD), City of Beaumont Emergency Management, and the U.S. Army 842nd Transportation Battalion(842°d)and its Strategic Port of Embarkation(SPOE) operations. It supplements ongoing verbal agreements to satisfy federal requirements. 2. AUTHORITY: In accordance with BPD policy and DoDI 4000.19 with City of Beaumont Chief of Police, City Manager, and U.S. Army 842nd Transportation Battalion Commander approval. 3. GENERAL: a. SCOPE: This Memorandum of Agreement provides documentation for support between the City of Beaumont on behalf of the Beaumont Police Department and the 842nd in coordinating emergency and disaster preparation and response actions and to support continuity of Strategic Port of Embarkation(SPOE)operations. Actions and agreements herein apply only to the participating parties and are not intended to supersede existing regulations or agreements, such as the Sabine-Neches AMS Plan. If a term of this agreement is inconsistent with higher authority,then that term shall be invalid,but the remaining terms and conditions of this agreement shall remain in full force and effect. Concurrence with this memorandum of understanding simply states that we agree to mutually support each other with available resources in the event of a security or emergency incident. b. ASSUMPTIONS: (1) BPD will include command selected 842°d staff approved by Beaumont Emergency Management on the Emergency Management notification listing. It is understood, these personnel will be exempt from mandatory evacuation requirements similar to other essential first responders. (2) BPD will incorporate designated 842°d staff into the Emergency Management training,planning and exercise program providing an option of participation and/or attendance. (3) In the event of a hurricane, BPD will provide limited space for designated personnel for sheltering in a Category 5 facility, and will also provide for sheltering of vehicles designated for those personnel. Sheltering is anticipated to cover the period of storm passage not to exceed 72hrs. Identified personnel will be expected to be self- sufficient during sheltering. EXHIBIT "A" (4) BPD will provide limited space for 842"d continuity of operations in case of disaster or emergency in accordance with space availability and the specific circumstances. (5) 842 d may provide voluntary manpower or technical assistance as available and within the parameters approved by the commander based on specific circumstance. This voluntary assistance will be in support of civilian emergency responders and excluded from official law enforcement activities. (6) In the event BPD assistance is desired,contact may be made through the police dispatch emergency line, 832-1234, or non-emergency line, 880-3865. 4. RESPONSIBILITIES: a. FINANCIAL MANAGEMENT: No expenditures or purchases will be encumbered by any party through this agreement. b. LOGISTIC SUPPORT: (1) PLANS: There will be no additional plans to accompany this Memorandum of Agreement. (2) MAINTENANCE: All agencies will be responsible for maintenance of their equipment. (3) SUPPLY: All agencies will be responsible for any supplies they may require. (4) TRANSPORTATION: All agencies will be responsible for their own transportation. (5) MANPOWER: Each organization will be required to supply its own manpower. c. OPERATIONAL SUPPORT: (1) The 842"d Transportation Battalion hereby agrees to provide through its Security Department or Emergency Management equivalent, in consultation with its Commander or designees and pursuant to its emergency management plan, such mutual aid as may be requested by the requesting jurisdiction, for emergency conditions as defined by the Texas Disaster Act of 1975. (2) The aid rendered shall be to the extent of available personnel and equipment not required for the minimum needs of the providing jurisdiction/entity. The judgment of the providing jurisdiction/entity shall be final as to the personnel and equipment so available. (3) Request for aid by either party may be either written or oral to the governing body of the providing jurisdiction/entity or its designee. (4) Personnel dispatched to the aid of another jurisdiction/entity shall remain the employees of the providing jurisdiction, but shall work under the supervision of the requesting jurisdiction. The providing jurisdiction/entity retains the right to withdraw any and all aid rendered at any time when in the sole judgment of the providing jurisdiction such action is advisable. (5) BPD,through the Emergency Management, will incorporate identified essential 842nd staff members into routine and disaster notification related to training,exercise, briefings and Emergency Operation Center activations. The 842nd personnel will have no obligation to reply, participate or attend. (6) 842nd will provide any specialty communications equipment required to maintain continuity of operations. d. AGREEMENT AND ADMINISTRATION: This Memorandum of Agreement is effective immediately upon signature by all parties and will only be terminated after one party notifies the other party 30 days in advance requesting termination. The Memorandum of Agreement will be reviewed every three years from the effective date. e. LIABILITY AND INDEMNIFICATION: Each party shall be responsible for any liability arising from its own conduct and retain immunity and all defenses available to them pursuant to federal law.Neither party agrees to insure, defend, or indemnify the other party. f. POINTS OF CONTACT: (1) Beaumont Police Department,Tim Ocnaschek,Emergency Management Coordinator/POC, 700 Orleans,2nd floor,Beaumont,Texas 77701. Phone numbers: work(409) 980-7275 or 980-7280. (2) U.S. Army 842nd Transportation Battalion. Don Burns, Security Manager, POC, 1350 Leonard, Beaumont, Texas 77701. Phone number(409) 784-3852 or 784-3858. g. MODIFICATION: This agreement may be modified upon mutual written consent of both parties. APPROVED BY: FRANK COFFIN JR. MICHAEL J. ARNOLD, LTC Chief of Police Commander, 842nd Transportation Battalion Beaumont Police Department United States Army Date: Date: KYLE HAYES City Manager City of Beaumont Date: r D RICH WITH OPPORTUNITY BEAUMDN*z • a g A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 20,2011 REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot(10') wide Exclusive Sanitary Sewer Easement. RECOMMENDATION The Administration recommends acceptance of a Sanitary Sewer Easement located at 2905 Washington Blvd. BACKGROUND Phat Kim Trong and spouse Lien Thi Le has agreed to cone a ten foot(10')wide Sanitary tary Sewer Easement to the City of Beaumont. The property is described as 0.0390(1,698 sq. ft)acre of land out of and a part of Lots 2 and 3, Block 1, Dixie Terrace and part of Lots 1-4 and %the adjoining 20' wide alley, Block 5, Booker Heights Subdivisions located at 2905 Washington Blvd. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, Phat Kim Troung and Lien Thi Le have offered to convey a ten foot (10') wide exclusive sanitary sewer easement for property located at 2905 Washington Boulevard, said easement being 0.0390 (1,698 sp. ft.) acre of land out of and part of Lots 2 and 3, Block 1, Dixie Terrace, and part of Lots 1 through 4 and %the adjoining 20'wide alley, Block 5, Booker Heights Subdivision, as described in Exhibit "A" and shown on Exhibit"B," attached hereto, to the City of Beaumont for the purpose of providing sanitary sewer services; and, WHEREAS, the City ouncil has considered the purpose of said conveyance and tY P R� Y is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Phat Kim Troung and Lien Thi Le, as described in Exhibit"A"and shown on Exhibit"B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - 0.0390 ACRE OF LAND FOR SANITARY SEWER EASEMENT PURPOSES OUT OF BLOCK 1,DIXIE TERRACE, BLOCK S WITH ADJOINING %:ALLEY, BOOKER HEIGHTS, CITY OF BEAUMONT, JEFFERSON COUNTY,TEXAS BEING 0.0390 (1,698 sq. ft.) acre of land out of and a part of Lots 2 and 3, Block 1, Dixie Terrace, recorded in Volume 6, Page 116, and part of Lots 1 through 4 and '/2 the adjoining 20' wide alley, Block 5,Booker Heights, recorded in Volume 4,Page 113,Map Records,Jefferson County, Texas; being part of two tracts of land conveyed to Phat Kim Troung and Lien Thi Le, recorded in File No. 2001023787 and File No. 2001042757, Official Public Records,Jefferson County, Texas; said 0.1519 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a %2" steel rod, capped, and marked"SOUTEX" found on the common line of said Dixie Terrace and Booker Heights Addition, said l2"steel rod being the most Southerly Southeast comer of the herein described tract; THENCE,North 00 deg., 01 min., 21 sec., East (Called North), on the common line of said Dixie Terrace and Booker Heights, a distance of 59.87' (Called 60.00) to a ''/2" steel rod found for a common corner of Lots 3 and 4,Block 1,Dixie Terrace;said 1/2"steel rod being an interior corner of the herein described tract; THENCE, North 89 deg., 47 min., 51 sec., West (Called West), on the common line of Lots 2, 3, and 4, Block 1, Dixie Terrace, a distance of 99.95' (Called 100.00') to a ''/2" steel rod found for a common corner of Lots 1 and 2, Block 1, Dixie Terrace; said %2" steel rod being the most Westerly Southwest corner of the herein described tract; THENCE, Ref Line = North, on the common line of said Lots 1 and 2, Block 1, Dixie Terrace, a distance of 10.03' to a point for corner being the Northwest corner of the herein described tract; from which a ''/2"steel rod found for a common comer of said Lots I and 2, Block 1, Dixie Terrace on the South right of way line of dedicated road named Washington Boulevard bears North,a distance of 139.63 ; THENCE, South 89 deg., 47 min., 51 sec., East, a distance of 109.96' to a point for comer; THENCE, South 00 deg., 01 min., 21 sec., West, a distance of 69.84' to a point for comer on the center line of said alley and being the Southeast corner of the herein described tract; THENCE, North 89 deg., 59 min., 53 sec., West(Called West), on the centerline of said alley, a distance of 10.02' to the POINT OF BEGINNING containing 0.0390 acre of land more or less. This description is based on the Land Survey made by Anthony M. Legg Professional Land Surveyor No. 5481,on April 28,2010 � 6a City of Beaumont LS-10-0334A su '�� EXHIBIT "A" - -- I CLIENT: CITY OF BEAUMONT 4TH STREET -. —z—Q SCALE 1'- 50' FOUND `X' ffIN UND "X" IN CONC. WEST R.O.W. LINE CO NC. _ c " 5e N 00'03'OT IF-130—.01' CALLED NORTH — 2ALLEEDE LEGEND ° 15' BUILDING LINE I LOT 8 = SANITARY SEWER MANHOLE Ig \,O� 5 I w I m o BLK. 5 —S = EXIST. 6" SAN SEWER LINE 0 — �aG z on — _n C) °i°to 1 \0 5 IIs 91 to g �E o,� Q Ig N g\F 5 000��� I I z 0 BLOK. 5 Ln Q z'L� 10' OF ALLEY ABANDONED L _ FOUND 1/2" STEEL U z I—V0U76197PG7_M,_ITR J.Z: ROD CAPPED "SOUTEX" I POINT FOR I LOT 5 POINT FOR CORNER I I BLK. 5 ° CORNER I'n S 00'01'21" W FOUND 'x" S 00'02'57" E LOT 4 69.84' N 89'59'53' W IN CONC. w 59.99_ BLK. S ss_ 10.00' - - — 59.87' DINT OF > °o otDi N 00'01'21" E J o) w (CALLED BEGINNING =O �I \0� \ i a)o NORTH 1 60.00') STEEL D R0%" M m r, 0� ° FOUND 1/2 CAPPED 'SOUTEX' Z Z FOUND "X" z 9 GE• 3 W 3 O STEEL ROD IN CONC. �R�P —9 i N b, y LU c)Z i N V n w3 , = C"I O��1 0) �Q 0o M JJ ELI Q NOI �\'� V) �J 3: o)to zQ z REF. LINE = NORTH 139.63' FOUND 1/2" STEEL ROD FOUND 1/2" POINT FOR — 0.0390 (1698 SF) ACRE OF LAND STEEL ROD �'�d- \O',o NORTH 10.00' (PROPOSED SANITARY SEVER EASEMENT I � PART OF LOTS 2 do 3, BLK. 1 o DDQE TERRACE, PART OF LOT 4 o J & 1/2 OF ADJOBUNG ALLEY v) BU L 5, BOOMM HEIGHTS ADDITION JEFFERSON COUNTY, TERAS 3 i DESCRWnON OF SERVICES: PLAT & DESCRIPTION FOR SANITARY SEWER EASEMENT rn � SURVEYOR'S CERTIFICATION: o ~ The undersigned does hereby certify that this survey was this day 4/28/10 made on the ground of a the property legally described hereon and is correct, and that said property has access to and from a.dedicated roadway. The above tract_ being located at BOULEVARD OULEVARD & 6TH STREET BEAUMONT TEXAS 77705 o 0 0.0390 ACRE OF LANDPART OF LOTS 2 & 3, BLK. 1, DIXIE TERRACE, VOL. 6, PG. 116, o and being described as PART OF LOT 4 & 1/2 OF ADJOINING ALLEY BLK, 5. BOOKER HEIGHTS. VOL. 4, PG. 113 o as recorded in Volume , Page(s)—Of the MAP Records of JEFFERSON County, Tax". In accordance with the Flood Insurance Rate flap of the Federal Emergency Management Agency, map reference shown, the subject tract lies in the flood zone noted. Location on map was determined by scale. Actual field elevation not determined, v unless requested. SOiTPEX SURVEYORS, Inc.,does not warrant nor subscribe to the accuracy or scale of said map This survey is certified for this transaction only. it is n arable to a oval institutions or subsequent owners. o M METES & BOUNDS o TO ACCOMPANY SURVEY ANTHONY M. LEGER i OF EVEN DATE REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 d y I X FEMA Flood Zone:A_ OF. T o i Community Panel NO.: .. .......:.... z 485457-0025-D ANTHONY M.LEG ER 0 v Panel Date: 8/6/02 3737ur,TwaD76 .......... o Olr.�*�r 1� Port Arthur, X9`•90. -' I` ` g _/1 Tel.409.9&3.2004 �L asst... p Project No. 10-0334A �SUR%J L9 SURVEYORS Pax.409.983.2005 soute urvayori.com Drawn By: R. DINSCORE _J- EXHIBIT "B" - T E RICH WITH OPPORTUNITY B,EADIM91N* T • E • g • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 20, 2011 REQUESTED ACTION: Council consider authorizing the City Manager or his designee to execute various liens on behalf of the City. RECOMMENDATION Administration recommends approval. BACKGROUND A lien may be obtained against property or settlement to secure a charge, assessment, cause of action, or claim. The City of Beaumont in accordance with state statute may place liens for weed abatement, litter abatement, demolitions, and EMS services in an effort to collect payment for these services. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, is authorized to assess expenses against property or settlement proceeds by the execution of liens in favor of the City for weed abatement, litter abatement, demolitions and EMS services in an effort to recover the expenditures due. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - F RICH WITH OPPORTUNITY BEAUMON* T - E - z • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 20, 2011 REQUESTED ACTION: Council consider authorizing the City Manager to assign fund balances for a specific purpose in accordance with GASB 54. RECOMMENDATION Administration recommends approval. BACKGROUND The Governmental Accounting Standards Board (GASB)has adopted Statement Number 54 (GASB 54),Fund Balance Reporting and Governmental Fund Type Definitions, that is effective in fiscal year ended September 30, 2011. The Statement was to address how fund balance is classified for financial reporting purposes in the Comprehensive Annual Financial Report (CAFR). Governments may continue to use any funds they choose or are required to for their internal accounting or for special purpose reporting. Prior to the adoption of GASB 54, fund balance was classified in the CAFR as either"unreserved fund balance"which indicated it was available for appropriation and"reserved fund balance"which indicated it was not available for appropriation. GASB 54 moves the focus on the fund balance from that of availability for appropriation to "the extent to which government is bound to honor constraints on the specific purposes for which amount in the fund can be spent." There are now five components of fund balance: • Nonspendable fund balance - amounts that are not in a spendable form (such as inventory)or are required to be maintained intact(such as the principle of an endowment fund) • Restricted fund balance- amounts designated for a specific purpose by the provider(such as grantors, bondholders, and higher levels of government), through constitutional provisions or legislation • Committed fund balance - amount designated for a specific purpose by the City Council • Assigned fund balance- amount a government intends to use for a specific purpose and is designated by an official, such as the City Manager; for example, the portion of fund balance appropriated in order to balance the budget • Unassigned fund balance - amounts that are available for any purpose In order for the City to be in compliance with GASB 54 for the fiscal year ended September 30, 2011, and following years,the authority to assign fund balances that have been set aside internally for a specific purpose should be given to the City Manager. This will only affect financial reporting in the Comprehensive Annual Financial Report. BUDGETARYIMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to assign fund balances for specially designated accounts in accordance with the requirements of the Governmental Accounting Standards Board Statement Number 54 (GASB 54). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - aj BE REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 20,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving the purchase of a fire truck 2. Consider approving a one year contract with the Art Museum of Southeast Texas 3. Consider approving a one year contract with the Southeast Texas Arts Council 4. Consider approving a one year contract with the Texas Energy Museum 5. Consider approving a one year contract with BUILD,Inc.,Beaumont Main Street 6. Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum 7. Consider approving the purchase of two used cement mixer trucks for use by the Public Works Department 8. Consider granting a new solid waste collection and transportation service franchise to Enviro Waste Solutions(EWS) WORKSESSIONS * Review and discuss the operations of the Beaumont Municipal Transit System * Review and discuss various fees associated with water, sewer and solid waste services 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: City of Beaumont,Texas v. James Mathews; 09-10-00198-CV The City of Beaumont v. J.E.M.; 09-10-00537-CV Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 September 20,2011 Consider approving the purchase of a fire truck RICH WITH OPPORTUNITY BEAi[IMOn T • E • x • A 0 S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager / PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 20, 2011 REQUESTED ACTION: Council consider approving the purchase of a Pierce aerial platform truck for use by the Fire Department, RECOMMENDATION The administration recommends approval of the purchase from Martin Apparatus, Inc., of Houston in the amount of$932,198. BACKGROUND Pricing for the equipment was obtained through the Houston-Galveston Area Council (H-GAC). H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. The purchase price of$932,198 includes the H-GAC administrative fee of$2,000. Aerial devices provide for rescue and fire protection from above and below grade with lifting and extrication capabilities. The proposed aerial platform truck will provide for evacuations from elevated structures at the Port of Beaumont as well as other high rise structures, ships and industrial facilities. Acquisition of the truck will bring the Fire Department's aerial resource availability into compliance with ISO recommendations and standards. The fire truck specified is a Pierce Custom Velocity 100 Platform. Features include the 100 foot aerial platform and 2000 GPM single state pump. The truck will replace Snorkel 7 (Unit 7039), a 1971 model 65-foot aerial truck, and will be housed at Station#1, 747 College. Snorkel 7 will be moved to Station#3, 805 Woodrow, and the aerial truck from Station#3 will be moved to reserve status. Purchase of Aerial Platform Truck September 20, 2011 Page 2 Delivery time for the new truck will be approximately six to seven months. Warranty service is available from Siddons-Martin Emergency Group of Port Arthur. Warranties for the various components are as follows: Basic: 1 year Chassis: 3 years Engine: 5 years BUDGETARYIMPACT Funds are available for this expenditure from the 2008 Port Security Grant which requires a twenty-five percent (25%) match from City funds. The required match of $233,049.50 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 purchase of one (1) Pierce Custom Velocity 100 Platform aerial ladder truck from Martin Apparatus, Inc., of Houston, Texas, through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program in the amount of$932,198 for use by the Fire Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - 2 September 20,2011 Consider approving a one year contract with the Art Museum of Southeast Texas RICH WITH OPPORTUNITY BEAUMO,N* T • a • Z • A - 8 City Councff Agenda Item TO: City council FROM: Kyle Hayes, City Manager ) PREPARED BY: Laura Clark, Chief Financial Officerr/— AffX TG DATE: September 20,2011 REQUESTED ACTION: Council consider authorizing a one year cast with the Art Museum of Sow Texas. RECON MIENDATION The Admu�stration recxmmnmds the Art Museum of Southeast Texas(AMSET)$185,000 for FY 2012 from Hcrtd Occupancy Tax and General Funds. BACKGROUND The City of Beaumont(City)and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the Lad and building to be used as an art museum. The City supports AMSET with annual allocations an garbage removal. In return AMSET is open to the general public and strives to provide programs and services to the entire community-. App:oaimatdy 34,000 c and adults participated in Art 11Zusaum activities in FY 2011. The City may utilize a portion of its revenue derived from the hotel-motel occupancy tax to promote the arts. BUDGETARY IMPACT Finds are available in the FY 2012 budget with$85,000 funded through the Hold Occupancy Tax Fund and$100,000 fined by the General Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year contract, substantially in the form attached hereto as Exhibit "A," between the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of $185,000 for FY 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - AGREEAUNT FOR THE OPERATION OF AN ART WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation, hereinafter referred to as"Il Ause m", and the City of Beaumont, a municipal of the State of Teases, hereiradler referred to as"City", agree as follows: 1. City hereby hires and engages MtAieum to operate an art museum open to the public on the promises leased from the City and described in the lease between the parties dated December 30, 1986 and made a part hereoffoar all purposes(herein"the premises"). Museum agrees to accept such hiring and herby agrees to operate such art ntmieum. 2. This agreement shall be for a term of one year commencing October 1, 2011. The City agrees to pay museum the sum of Forty-Six Thousand Two Hundred Fifty Dollars ($46,250) per quarter. Of the tots annual sum of One-Hundred Eighty-Hive Thousand ($185,000)Dollars, Eighty-Five Thouim-d($85,000)DollarswiN be derived from the Hotel Occupancy Tax authorized by Tax Code Section 351.001 et.seq.which requires that such funds be expended far arts and historical events or projects that directly enhance and promote tourism and the convention and hotel industry. 3. Expenditure of the Eighty-Five Thousand($85,000)DoNa rs from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). EXHIBIT "A" 4. Funding under this contract will require that should a seminar be held ding the term of this contract designed to ire that expenditures of H lel Occupancy Tax funds are made in cxxrtpliance with the Act, a representative of the MuseIan will attend the seminar. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of M< n as they relate to the HOT funds authorized in this contract. 6. City or Museum may fermirgite this Agreernent for cause tf either party defaults in the of covenant or condition of this Prior to such termination any A�pr+eeritent. City or#Auseurn must provide the outer party with written notice of such default and if the party does not cure the default within fifteen(15)days after the giving of nobcs,the party giving such notice may terminate the Agr+eernent by written notice. 7. City shag aflow Museum and its erripbyees, volurAsers, patrons and guests to use fifty(50)designated Ping spaces in the City owned parking tit lying directly to the east across Main Street from the promises ding periods of use of the premises. Otherwise such spaces may be used for Citys Civic Center and theater event parking. In addition, the City shall provide free parking for buses transporting school children to the art museum. Said parking places to be as available and as directed by the City's Civic CmW director at a site convenient to the Museum. Parking spaces on the premises shall be available for City's use during periods when the premises are not in actual use. IN WITNESS, WHEREOF City and Museum have executed or caused to be executed by their authorized officers or agents this Agreement on the day of 2011. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS By: By: Kyle Hayes Name: City Manager Title: ATTEST: ATTEST: By: By. City Clerk Name: Title: 3 September 20,2011 Consider approving a one year contract with the Southeast Texas Arts Council RICH WITH OPPORTUNITY REA M, * T e 2 • : • A • B Clty Council Apuda Item TO: City Council FROM: Kyle Hayes, City Manager J PREPARED BY: Laura Clark, Chief Financial Old°'' MEETING DATE: Septenber 20, 2011 I REQUESTED ACTION: Council consider au thonzing a one year couact with the Southeast Texas Arts Council(SETAC). RECOMI I� ENDATION The Achninistration needs funding the Sou rheas Texas Arts Council$105,000 for FY 2012 from the Hotel Occupancy Tax Fund. BACKGROUND The City is entitled to utilize revenues da ved from the hotel-motel ocwp=7 tax to promote the arts. The City c:onumts with SETAC to utilize 80%of its contrad payment for prodwtion of the magazine"Off Ramp" higbUking kcal events and"Tar Ohl" Attraction Maps for distrh tm to hotels, as well as other programs and a hWons that bring artists to the area aid promote the rich musical heritage of the am. The remaining 20%is used for operating expo. BUDGETARY IMPACT Funds are available in the Hotel Ocmgmncy Tax Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year contract, substantially in the form attached hereto as Exhibit"A,"between the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of$105,000 for FY 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF,ice=FER$ON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called"City",and the Southeast Tee Arts Council,a Texas rKwHx k corporation, herein called"Councir, is as follows: WITNESSETH WHEREAS,V.T.CA Tan Code Section 351.001 et.seq., auforizes the City to use revenue derived from its hotel occupancy tax "far general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or 10.41 z ions selected by the City; and, WHEREAS,V.T.C.A TaxCode Section 351.101{a}(4),authorizes theCityto,use a limited portion of the revenue derived from its hotel occupancy tax for the enoougement,promotion,improvement and application oft to arts,including irustrumerM and vocal music, dance, dram, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, perfannance, execution and exhibition of these major art form; and, for projects that directly enhance and promote tourism and the convention industry. Page 1 EXHIBIT "A" WHEREAS,the Southeast Texas Arts Council is the proper cmganiIiortto provide assistance in the responsible distribution of public funds for support of the arts in Beaumont; Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of One-Hundred Five-Thousand ($105,000) Dollars by City to Council will be made from finds as available and as collected from the Hotel Occupancy Tax Payments of Eight-Thousand Seven-Hundred and Fifty Dollars ($8,750)will be made monthly ctxrrmencing October 1, 2011. Anyf aids not eacpandedforthe projects and purposes approvedwill be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(aj(4). 3. The Council is an independent contractor and is not an oft w, agent or employee of the City. 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shall submit such reports quarterly commencing Jerry 15, 2015. 5. The City Manager or his designated nepreawi tative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty(30) days in advance. Page 2 7. Upon termination of this agreement, Teas it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable property that may have been purchased with furxis derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax finds are made in corrpal;arx:e with the Act, a representative of the Council will attend the seminar. 9. Council agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of Cowl, its officers, agents and employees, incoming the officers, agents, and employees involved in museum operation and Willy including therein any and all acts of negligence by the City of Beaumont, its agents, officers or emp loyees, carried out under the terms of this agreement. EXECUTED this the day of . 2011. CITY OF BEAUMONT By: Kyle Hayes ATTEST: City Manager By: City Clerk SOUTHEAST TEXAS ARTS COUNCIL Name: ATTEST: Title: By: Name: Title: Page 3 4 September 20,2011 Consider approving a one year contract with the Texas Energy Museum Iii f ' RICH WITH OPPORTUNITY R,E T - 3 - : • A - s City Caunneil Agee Item TO: city council FROM: Kyle Hayes, City Manager PREPARED BY: Lw a Clark, Chief Fmsacial O waVk-' MEETING DATE: September 20,2011 REQUESTED ACTION: Cau d wide approvmg a one year contract with the Teams Energy Museum RECOMMENDATION The Athni� recommends fimcling the TMwEnMAfiU0wn,$95,000,for FY 2012 from the Hotel Occupancy Tax Fund. BACKGROUND The City is entitled to utilize revenues derived from the botdl-motel occxpimcy tax for historic preservation and the promotion of tounsm. The Texas EneW Musewnn meets the above antena by highlighting the hwory,along with aument de��tOpmeccts,of the oil industry in the Sow Texas region. BUDGETARY EM PACT Funds are available in the Hold Occupancy Tax Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year contract, substantial) in the form attached hereto as Exhibit "A " between the Texas Energy Y � 9Y Museum and the City of Beaumont in the amount of$95,000 for FY 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called"City", and the Texas Energy Nisecsn, herein called"TEL", is as follows: WITNESSETH: WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq.,ads the City tD levy by ordinance, a hotel tax may not exceed seven percent(7%)of the consideration id b a hotel and Pa Y WHEREAS,V.T.C.A Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; aril, for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A Tax Code Suction 351.101(ax5), the City desires to provide firarx�ai assistance to TEL. NOW, THEREFORE, the City and TEL agree as follows: I. City agrees to pair to TEL the amount of Ninety-Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty- Three Thousand Seven-Hundred ($23,750) Dollars per quarter Ong October 1, 2011 from funds as avaMble and collected from the hotel occu pony tax. EXHIBIT "A" Any funds not expended by TEM will be retained by TEM to be reallocated for similar purposes by approval of City. 2. All expenditure offunds shall be reasonably reed to the purposes established by V.T.CA Tax Code Section 351.101(aX5). 3. The TEM is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, TEM agrees to operate for the period October 1, 2011 to September 30, 2012. 5. The TEM shall submit quarterly reports in the format provided by the City refitec hng the activities of TEM as they relate to this contract. The TEM shall submit such reports quarterly c�rINilMw irtg January 15, 2012. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the TEM. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the TEM shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. S. Funding urn this contract will recce that should a seminar be held during the tens of this contract desired to assure that axperx... as of Hotel Occupancy Tax funds are made in oompfianoe with the Act, a sopreserriative of TEM will attend the seminar. 9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont from any and all Cris, causes of action and damages of every kind arising from the operations of TEM, its officers, agents and employees, including the officers, agents, and employees involved in TEM operation and specifu *including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of . 2011. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk TEXAS ENERGY MUSEUM, INC. By: Name: Title: ATTEST: By: Name: Title: 5 September 20,2011 Consider approving a one year contract with BUILD, Inc., Beaumont Main Street RICH WITH OPPORTUNITY T - a • : • A • s City Council Agendas Item TO: City Council FROM: Kyle Hayes, City Manager .PREPARED BY: Laura Clark, Chief Financial Mcei MEETING DATE: Selaenber 20,2011 REQUESTED ACTION: Council consider approving a one year contract with BUILD, Inc., Beaumont Main Street for downtown economic development purposes. RECOMAMTDATION The Administration reco firxfing BUILD,Inc.,Beaumont Main Street$75,000 for FY 2012 from the General Fund. BACKGROUND The Beaumont Min Street program has established a parowdip between plc and private sectors that is dedicaW to the revitalization Of Beaumont's historic Central Business District. 'The annual cantrilwtion firm the City will be matched with other local funds and used to promote downtown business development and retention. BUDGETARY IMPACT Funds are available in the General Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year contract, substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of$75,000 for FY 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of'Besumor t, Ted, a municipal corporation of the State of Texas, hereinalltw called "City', acting herein by and through its duly authorized City Manager,and BUILD, kc., Bessnont(Main Street, a non-profit corporation, h"natter called"BUILD", acting herein by and through its President. WHEREAS, the City believes that economic development and downtown revitalization are crucial to the continued manic success of City and believes that BUILD should be retied to carry out a program of work on behalf of City to accomplish these goals; NOW,THEREFORE,in consideration of Me mutual promises made herein,the City and BUILD agree as follows: STATEMENT OF VIK)RK City does heresy enter into a contrail with BUILD to provide a oompr+ehensive range of plans and projects in Beaumont directed at economt development and downtown revitalization by: a) promoting the physical and social developrroent, redevelopment and economic well being of downtown Beaumont; b) creating an environment in the downtown area which is conducive to residential, commercial, employrneM, recureational and cultural-artistic revitalization; c) attracting new employers; EXHIBIT "A" d) complying withaN provisions of C©ntroc tforServices-Urban Mon Street program between BUILD and the Texas Historical Commission. C�M�Pf-J�Jl7'i0N City hereby agrees to pay to BUILD during the tern of this agreement Seventy-five Thousand Dollars($75,000)from the City's General Fund. BUILD agrees to noss at least Seventy-Five Thousand ($75,000) in additional funding from the private sector to match the City's financial commitment. DIRSEMENT Payment to BUILD will be made on a reimbursement basis and those paymsrtts will be supported by proper verifrabte documentation. RECORDS AID REPORTS Quarterly progress reports detailang the activities and avcornplisftrnerft of BUILD, emphasizing compliance with the Urban Mein Street Program,wait be due thirty(30)days following the end of the quarter beginning with the quarter ending December 31, 2011. In addition to said quarterly reports, BUILD will also provide an annual review related specific�ly to the Urban Main Street Program covering the period of this agreement due on October 31, 2012. $l!$PIFI-0_ AM TERMMU►TIMI The tern of this agreement will be October 1, 2011, through September 30, 2012. Sul erasion andtortermination may occur if BUILD fails to complywdh any or all provisions of this agreement or for convenience. OF RECORDS The City retains the right to inspect and/or audit the records of BUILD, Inc. as they consider necessary to assure compliance with this agreement. LOSS, DAMAGE, PERSONAL INJURY BUILD agrees to indewify, hold harmless and defend, at its own expense,the City of Beaumont and its olfk*rs, agents, servants and employees,from and against any and all claims, causes of action and damages of every kind arising out of or in cotion with the execution,pw kxwnance attempted performance ornon-performanoe of this contact or from the operations and actions of BUILD, Inc., its officers, agents and employees. EXECUTED in duplicate originals this the day of . 2011. CITY OF BEAUMONT By: City Manager "CITY" ATTEST: By: City clerk BUILD, INC. BEAUMONT MAIN STREET By: Executive Diwec:tor "BUILD" ATTEST: By: 6 September 20,2011 Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum RICH WITH OPPORTUNITY BEA� ' T • S * Z A • s City COUNCH a Item TO: City councii FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Fmanc ial OfficerV MEETING DATE: September 20,2011 REQUESTED ACTION: Council consider approving a one year coubw with the Bemmxmt Heritage Society/John Jay French Museum. RECOAMIENDATION The Ad M reoommmde funding the Ekwunout Hake Society/John by French M isatm $47,000 for FY 2012 from the Hotel Occupancy Tax Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel ovcupiacy tax for historic preservati and the promotion of tourism. John J.French,an early settler in Bit,built the Creek Revival home which has been f dully restored,the home contains furniture and f dunes frmn the mid 190'century and is a tourist attraction for our city. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year contract, substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for FY 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called"City", and the Beaumont Heritage Society operating the John J. French Museum, herein called"Museum", is as follows: WITNESSETH: WHEREAS,V.T.C.A.,TaxCode Section 351.001 et.seq.,authorizesthe Cityto levy by ordinance, a hotel tax which may not exceed seven percent(7%)of the consideration paid by a hotel occupant and WHEREAS, V.T.C.A Tax Code Section 351.101 (ax5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax"for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vanity that would be frequented by tourists; and," WHEREAS, under the authority of V.T.C.A Tax Code Section 351.101(x)(5), the City desires to provide frnancial assistance to Maeun for historical restoration, preservation, and tourism in Beaumont: NOW, THEREFORE, the City and Museum wee as follows: Page 1 EXHIBIT "A" 1. City agrees to pay to Mum"the amamt of Forty-Seven Ted($47,000) Dollars. The payment provided for herein will be made quarterly in the amount of Eleven Thousand Seven HundrW and Fifty Dollars ($11,750) per quarter commencing October 1, 2011 from finds as available and collected from the hotel oc ctPwacy tax. Any finds not expended by Museum will be retained by Museum to be reallocated for similar purposes by approval of City. 2. All expenditure of finds shall be reasonably related to the purposes An abl#shed by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. 4. In return fix the payments provided for herein,Wiseum agrees to operate forthe period October 1, 2011 to September 30, 2012. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2012. 6. The City Manager of City our his designated representative shell, upon reasonable notice, have the right to inspect all books and records of the Museum. 7. Upon termination of this agreement or any extension thereof, unless it be renewed,the Museum shall deliver to the City all finds paid under this contract that it may have and all removable personal property that may have been purchased with finds derived from said tax. Page 2 8. Funding under this contract will require#W should a seminar be held during the teem of this contract designed to assure that experxftxas of Hotel Occupancy Tax funds are made in with the Act, a rep�reserrtUive of the Museum will attend the seminar. EXECUTED this the day of . 2011. CITY OF BEAUMONT By: Kyle Mayes City Manager ATTEST: By: City Clerk BEAUMONT HERITAGE SOCIETY By: Name: Title: ATTEST: By: Name: Title: Page 3 7 September 20,2011 Consider approving the purchase of two used cement mixer trucks for use by the Public Works Department RICH WITH OPPORTUNITY REAUMON* 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: September 20, 2011 REQUESTED ACTION: Council consider approving the purchase of two (2)used cement mixer trucks for use by the Public Works Department. RECOMMENDATION The administration recommends approval of the purchase from Chaparral Concrete Equipment, LP of Grapevine in the amount of$57,800 and from Knife River of Beaumont for$33,333.33. BACKGROUND In October of 2010 the Public Works Department assumed responsibility for concrete and asphalt repairs resulting from repairs and improvements made by the Water Utilities Department. On average, 75 repairs have been performed per month. In order to increase their capacity and accomplish these on-going repairs in a more efficient manner,the department needs two (2) cement mixer trucks. One will replace Unit 3289, a 1995 model. The age and mileage of the older unit renders it unfit for continued service. The vehicle will be disposed of according to the City's surplus property disposal policies. Bids were requested from four(4)vendors, with two (2) vendors responding. Personnel from the Fleet Division and Public Works Department inspected and evaluated all of the equipment offered and recommended purchase of the two lowest priced units. Bid tabulation is as follows: Vendor Make and Model Unit Price Knife River 2005 Mack Granite $33,333.33 Chaparral Concrete 2005 International Pa star 56001 $57,800.00 Equipment 2007 International Pa star 5600i $87,800.00 Delivery is estimated at two weeks. Purchase of Used Cement Mixer Trucks September 20, 2011 Page 2 BUDGETARYIMPACT Funds are available for this expenditure in the Water Utilities Fund. RESOLUTION NO. WHEREAS, bids were solicited for the purchase of two (2) used cement mixer trucks for use by the Public Works Department; and, WHEREAS, Knife River,of Beaumont,Texas,submitted a bid for a 2005 Mack Granite cement mixer truck in the amount of$33,333.33 as shown below; and, WHEREAS, Chaparral Concrete Equipment, L.P., of Grapevine, Texas, submitted a bid for a 2005 International Paystar 5600i cement mixer truck in the amount of$57,800.00 and a 2007 International Paystar 56001 cement mixer truck in the amount$87,800.00;and, WHEREAS, City Council is of the opinion that the bid submitted by Knife River, of Beaumont, Texas, for the 2005 Mack Granite cement mixer truck in the amount of $33,333.33 and the bid submitted by Chaparral Concrete Equipment, L.P., of Grapevine, Texas, for the 2005 International Paystar 5600i cement mixer truck in the amount of $57,800.00cepted; and, 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 Knife River, of Beaumont, Texas, for the 2005 Mack Granite cement mixer truck in the amount of $33,333.33 and the bid submitted by Chaparral Concrete Equipment, L.P., of Grapevine, Texas, for the 2005 International Paystar 5600i cement mixer truck in the amount of$57,800.00 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2011. - Mayor Becky Ames - 8 September 20,2011 Consider granting a new solid waste collection and transportation service franchise to Enviro Waste Solutions (EWS) RICH WITH OPPORTUNITY BEAiUMON' 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: September 20, 2011 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to Enviro Waste Solutions (EWS). BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Five (5) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. EWS has requested that the City Council grant the company such franchise agreement. EWS is locally owned and operated with its corporate office located at 2300 Hwy 365 in Nederland. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent(7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty(30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four(4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the franchise agreement for your review. This is third and final reading of the franchise ordinance. BUDGETARY IMPACT A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ENVIRO WASTE SOLUTIONS (EWS). WHEREAS, Enviro Waste Solutions (EWS) (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY 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 Section 1. Grant of Authority There is hereby granted by the City to Enviro Waste Solutions (EWS) the right and privilege to operate and maintain within the City a solid waste collection and transportation service(the"service"). For purposes of this franchise,the term"solid waste.collection and transportation service"shall mean the regular business of collection, hauling ortransporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service in the previous month as payment for the use of the City's streets,alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following report shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty(30)days of receipt,the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served,frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity. Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents,servants or employees,and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty(30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars($500,000.00)per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10)days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13, Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Enviro Waste Solutions (EWS) 2300 Hwy 365 Nederland, TX 77627 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the day of , 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of -92011. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of -12011. - Mayor, City of Beaumont - ACCEPTANCE: Enviro Waste Solutions (EWS) By: (Company Owner/Representative)