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HomeMy WebLinkAboutPACKET SEPT 04 2012 RICK WITR OPPORTUNITY BEAUMON* T • s • a • A • s REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 4,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—August 28, 2012 * Confirmation of committee appointments A) Approve a resolution approving the purchase..of a microwave backup radio system for the Fire Department B) Approve a resolution approving an interlocal cooperation contract with the Texas Department of Public Safety for the Failure to Appear Program C) Approve a resolution requesting the Texas Department of Transportation to remove the US 90 designation within the City of Beaumont A RICH WITH OPPORTUNITY BEAUMON* T • ll • X • l • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer Kr- MEETING DATE: September 4, 2012 REQUESTED ACTION: Council consider a resolution approving the purchase of a microwave backup radio system from Motorola Solutions of Houston in the amount of$52,558.83 for the Fire Department. BACKGROUND Because constant communication is critical for emergency operations, a backup system is required in the event the primary system is down. This microwave backup system will provide an alternate connection for Fire Dispatch to the main radio communications shop/tower, allowing continuity during line breaks due to inclement weather and man-made or natural disasters. Pricing for the system was obtained through the Houston-Galveston Area Council. 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 State of Texas procurement statutes. The purchase price includes the H-GAC administrative fee. FUNDING SOURCE 100%reimbursement from the 2011 State Homeland Security Program(SHSP). RECOMMENDATION Approval of the resolution. 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 approve the purchase of a microwave backup radio system from Motorola Solutions,of Houston,Texas, in the amount of $52,558.83 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program for use by the Fire Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of September, 2012. - Mayor Becky Ames - B RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer X-7 MEETING DATE: September 4, 2012 REQUESTED ACTION: Council consider a resolution approving an interlocal cooperation contract with the Texas Department of Public Safety for the Failure to Appear Program. BACKGROUND The City of Beaumont currently has a contract, approved June 17, 1999, with the Texas Department of Public Safety(TDPS) for the Municipal Court to participate in the"Denial of Renewal of License for Failure to Appear"program. During the 82nd Legislative Session, Section 706.005 of the Texas Transportation Code was amended to require courts to immediately notify TDPS when no cause exists to continue to deny renewal of a person's driver license. Under the existing contract, Municipal Court is required to report compliance within 5 business days. The contract includes the new requirement and is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. 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 an Interlocal Cooperation Contract with the Texas Department of Public Safety (TDPS) for the Failure to Appear Program. The contract 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 4th day of September, 2012. - Mayor Becky Ames - Interlocal Cooperation Contract STATE OF TEXAS § COUNTY OF § 1. Parties This Interlocal Cooperation Contract ("Contract") is made and entered into between the Texas Department of Public Safety ("TDPS"), a political subdivision of the State of Texas, and the of , a local political subdivision of the State of Texas. 1111. Overview The purpose of this Contract is to implement the provisions of Texas Transportation Code Chapter 706. A local political subdivision may contract with the TDPS to provide information necessary to deny renewal of the driver license of a person who fails to appear for a complaint or citation or fails to pay or satisfy a judgment ordering payment of a fine and cost in the manner ordered by the court in a matter involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure. The TDPS has authority to contract with a private vendor ("Vendor") pursuant to Texas Transportation Code §706.008. The Vendor will provide the necessary goods and services to establish an automated system ("FTA System") whereby information regarding violators subject to the provisions of Texas Transportation Code Chapter 706 may be accurately stored and accessed by the TDPS. Utilizing the FTA System as a source of information, the TDPS may deny renewal of a driver license to a person who is the subject of an FTA System entry. Each local political subdivision contracting with the TDPS will pay monies to the Vendor based on a fee established by this Contract. The TDPS will make no direct or indirect payments to the Vendor. The Vendor will ensure that accurate information is available to the TDPS, political subdivisions and persons seeking to clear their licenses at all reasonable times. 111. Definitions "Complaint" means notice of an offense as defined in Article 27.14(d) or Article 45.019, Code of Criminal Procedure. RECENED AUG 0 8 Revised(12111) BEAU liAO1�T EXHIBIT "A" MUNICIPAL C0URT "Department" or"TDPS" means the Texas Department of Public Safety. "Failure to Appear Program" or"FTA Program" refers to the implementation efforts of all parties, including those system components provided by the TDPS, local political subdivisions and the Vendor, including the FTA System. "Failure to Appear System" or "FTA System" refers to the goods and services, including all hardware, software, consulting services, telephone and related support services, supplied by the Vendor. "FTA Software" refers to computer software developed or maintained now or in the future by the Vendor to support the FTA System. "Originating Court" refers to the court in which an applicable violation has been filed for which a person has failed to appear or failed to pay or satisfy a judgment and which has submitted an appropriate FTA Report. "State" refers to the State of Texas. "Local political subdivision" refers to a city or county of the State of Texas. Unless otherwise defined, terms used herein shall have the meaning assigned by Texas Transportation Code Chapter 706 or other relevant statute. Terms not defined in this Contract or by other relevant statutes shall be given their ordinary meanings. IV. Governing Law This Contract is entered into pursuant to Texas Government Code Chapter 791 and is subject to the laws and jurisdiction of the State of Texas and shall be construed and interpreted accordingly. V. Venue The parties agree that this Contract is deemed performable in Travis County, Texas, and that venue for any suit arising from the interpretation or enforcement of this Contract shall lie in Travis County, Texas. Vl. Application and Scope of Contract This Contract applies to each FTA Report submitted to and accepted by the TDPS or the Vendor by the local political subdivision pursuant to the authority of Texas Transportation Code Chapter 706. Revised(12/11) 2 VII. Required Warning on Citation for Traffic Law Violations A peace officer authorized to issue citations within the jurisdiction of the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning shall be provided in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court for the prosecution of the offense or if the person fails to pay or satisfy a judgment ordering the payment of a fine and cost in the manner ordered by the court, the person may be denied renewal of the person's driver license. The written warning may be printed on the citation or on a separate instrument. VIII. FTA Report If the person fails to appear or fails to pay or satisfy a judgment as required by law, the local political subdivision may submit an FTA Report containing the following information: (1) the jurisdiction in which the alleged offense occurred; (2) the name of the local political subdivision submitting the report; (3) the name, date of birth and Texas driver license number of the person who failed to appear or failed to pay or satisfy a judgment; (4) the date of the alleged violation; (5) a brief description of the alleged violation; (6) a statement that the person failed to appear or failed to pay or satisfy a judgment as required by law; (7) the date that the person failed to appear or failed to pay or satisfy a judgment; and (8) any other information required by the TDPS. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The local political subdivision must make reasonable efforts to ensure that all FTA Reports are accurate, complete and non-duplicative. IX. Clearance Reports The originating court that files the FTA Report has a continuing obligation to review the report and promptly submit appropriate additional information or reports to the Vendor or the TDPS. The clearance report shall identify the person, state whether or not a fee was required, advise the TDPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted immediately from the time and date that the originating court receives appropriate payment or other information that satisfies the citizen's obligation to that court. RECEIVED AUG 0 8 2 i1 Revised(12/11) BEAUMONT 3 MUNICIPAL COURT To the extent that a local political subdivision utilizes the FTA Program by submitting an FTA Report, there is a corresponding obligation to collect the statutorily required $30.00 administrative fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the originating court shall not require payment of the administrative fee. The local political subdivision shall submit a clearance report immediately advising the TDPS to lift the denial of renewal and identifying the grounds for the action. The local political subdivision must immediately file a clearance report upon payment of the administrative fee and: (1) the perfection of an appeal of the case for which the warrant of arrest was issued or judgment arose; (2) the dismissal of the charge for which the warrant of arrest was issued or judgment arose; (3) the posting of a bond or the giving of other security to reinstate the charge for which the warrant was issued; (4) the payment or discharge of the fine and cost owed on an outstanding judgment of the court; or (5) other suitable arrangement to pay the fine and cost within the court's discretion. The TDPS will not continue to deny renewal of the person's driver license after receiving notice from the local political subdivision that the FTA Report was submitted in error or has been destroyed in accordance with the local political subdivision's record retention policy. X. Compliance with Law The local political subdivision understands and agrees that it will comply with all local, state and federal laws in the performance of this Contract, including administrative rules adopted by the TDPS. XI. Accounting Procedures An officer collecting fees pursuant to Texas Transportation Code §706.006 shall keep separate records of the funds and shall deposit the funds in the appropriate municipal or county treasury. The custodian of the municipal or county treasury may deposit such fees in an interest-bearing account and retain the interest earned thereon for the local political subdivision. The custodian shall keep accurate and complete records of funds received and disbursed in accordance with this Contract and the governing statutes. The custodian shall remit $20.00 of each fee collected pursuant to Texas Transportation Code §706.006 to the Comptroller on or before the last day of each Revised(12/11) 4 .calendar quarter and retain $10.00 of each fee for payment to the Vendor and credit to the general fund of the municipal or county treasury. XII. Payments to Vendor The TDPS has contracted with OmniBase Services of Texas ("Vendor"), a corporation organized and incorporated under the laws of the State of Texas, with its principal place of business in Austin, Texas, to assist with the implementation of the FTA Program. Correspondence to the Vendor may be addressed as follows: OmniBase Services of Texas 7320 North Mo Pac Expressway, Suite 310 Austin, Texas 78731 (512) 346-6511 ext. 100; (512) 346-9312 (fax) The local political subdivision must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the local political subdivision has subsequently collected the statutorily required $30.00 administrative fee. In the event that the person has been acquitted of the underlying charge, no payment will be made'to the Vendor or required of the local political subdivision. The parties agree that payment shall be made by the local political subdivision to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. XIII. Litigation and Indemnity In the event that the local political subdivision is aware of litigation in which this Contract or Texas Transportation Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision, the local political subdivision shall make a good faith effort to notify the TDPS immediately. Each party may participate in the defense of a claim or suit .affecting the FTA Program, but no costs or expenses shall be incurred for any party by the other party without written consent. To the extent authorized by law, the local political subdivision City agrees to indemnify and hold harmless the TDPS against any cols, actions, AUG I � � ? Revised(12/11) 5 BEAUMONT MUNICIPAL COURT damages and costs of every nature or description arising out of or resulting from the performance of this Contract, and the local political subdivision City further agrees to satisfy any final judgment awarded against the local political subdivision City or the TDPS arising from the performance of this Contract, provided said claim, suit, action, damage, judgment or related cost is not attributed by the judgment of a court of competent jurisdiction to the sole negligence of the TDPS. It is the agreement of the parties that any litigation involving the parties to this Contract may not be compromised or settled without the express consent of the TDPS, unless such litigation does not name the TDPS as a party. This section is subject to the statutory rights and duties of the Attorney General for the State of Texas. XIV. Contract Modification No modifications, amendments or supplements to, or waivers of, any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. XV. Severability If any provision of this Contract is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom. XVI. Multiple Counterparts This Contract may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes and all of which constitutes, collectively, one Contract. But, in making proof of this Contract, it shall not be necessary to produce or account for more than one such counterpart. XVII. Effective Date of Contract This Contract shall be in effect from and after the date that the final signature is set forth below. This Contract shall automatically renew on a yearly basis. However, either party may terminate this Contract upon thirty days written notice to the other party. Notice.may be given at the following addresses: Revised(12/11) 6 Local political subdivision Texas Department of Public Safety Attn: Enforcement and Compliance Service 5805 North Lamar Boulevard Austin, Texas 78773-0001 (512) 424-5311 [fax) Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever occurs first. After termination, the local political subdivision has a continuing obligation to report dispositions and collect fees for all violators in the FTA System at the time of termination. TEXAS DEPARTMENT OF LOCAL POLITICAL SUBDIVISION* PUBLIC SAFETY Sheri Gipson Authorized Signature Deputy Administrator Date Title Date *An additional page may be attached if more than one signature is required to execute this Contract on behalf of the local political subdivision. Each signature block must contain the person's title and date. RECEIVED AUG 0 8 _722- BEAUMONT MUNICIPAL COURT Revised(12/11) 7 c RICH WITH OPPORTUNITY BEA[IMON* T • E • z • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 4, 2012 REQUESTED ACTION: Council consider a resolution requesting the Texas Department of Transportation to remove the US 90 designation within City of Beaumont. BACKGROUND Currently, City of Beaumont maintains that portion of US 90 starting at IH 10 at College and going East to Orleans,then North on Orleans and Pearl to North Street, including one way pairs of Willow, Park and Wall streets, a total of 3.188 centerline miles. This designation introduces an excessive amount of truck traffic passing through downtown area and causes unnecessary damage to City's infrastructure. To minimize the damage caused by truck traffics, it requires TxDOT to remove the US 90 designation between IH-10 at College Street Exit(85 1) and IH-10 at Downtown Exit(853). With the removal of US 90 designation, TxDOT will be able to install No Truck signs on IH-10 at the Downtown Exits (853A and 853B). Most of the truck traffic will be rerouted to Martin Luther King Jr. Parkway or College Street which are designed to handle the truck traffic. City Council approved a similar resolution on August 23, 2011, however the language was not as specific as needed. Staff has worked with TxDOT, as we did previously, on the appropriate language. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 11-240 AUTHORIZING A WRITTEN REQUEST TO THE TEXAS DEPARTMENT OF TRANSPORTATION TO REMOVE THE US 90 DESIGNATION ON COLLEGE, ORLEANS, PEARL, WILLOW, WALL AND PARK STREETS, FROM IH 10 TO IH 10. WHEREAS,the City of Beaumont is maintaining that portion of US 90 starting at IH 10 at College and going East to Orleans Street, then North on Orleans Street and Pearl Street to North Street, including the one way pairs of Willow, Park and Wall streets, a total of 3.188 centerline miles; and, WHEREAS, the City Council of the City of Beaumont has carefully considered the proposition and has concluded it is in the best interest of the citizens of the City of Beaumont to accept control, jurisdiction and operation of the afore described portions of US 90; and, WHEREAS, on August 23, 2011, City Council approved Resolution No. 11-240 authorizing the City Manager to request that Texas Department of Transportation remove US 90 signage designation along IH-10 within the city limits of Beaumont; and, WHEREAS, Texas Department of Transportation has requested an amendment in language contained in Resolution No. 11-240 in orderto clearly specify the locations where the signage will be removed; and, WHEREAS, it is necessary to amend Resolution No. 11-240 to specifically reflect the areas from which the signs are to be removed; 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 Council request that the portion of US 90(College Street, IH 10 East to Orleans Street, then North on Orleans Street and Pearl Street to North Street, including the one way pairs of Willow, Park and Wall Streets) shall be henceforth maintained and possessed by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Council requests that the Texas Department of Transportation remove all US 90 designations from the following: a. College Street Eastbound from IH 10 to Orleans Street; b. Orleans Street Northbound, from College Street to Pearl Street; c. Pearl Street Northbound, from Orleans Street to IH 10 d. Willow Street Southbound, from IH 10 to Laurel Street e. Park Street Southbound, from Laurel Street to College Street f. College Street Westbound From Park Street to Neches Street g. Wall Street Westbound from Orleans Street to Orange Street h. College Street Westbound from Orange Street to IH 10 and, BE IT FURTHER RESOLVED THAT acceptance of the action shall be effective upon the adoption of this resolution by the City Council of the City of Beaumont, Texas, and upon the entry of the Highway Commission Minute Order. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of September, 2012. - Mayor Becky Ames - RICH WITH OFFORTUNITT BEAUMON* T * Z * X * A . $ REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 4,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda GENE RAL BUSINESS 1. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes 2. Consider an ordinance amending Chapter 6, Section 6.09.144 of the Code of Ordinances regulating seismic testing within the city 3. Consider a resolution approving Change Order No. 1 to the contract with Bruce's General Construction related to the construction of the new Restroom and Police Substation at the Amtrak Station 4. Consider a resolution approving a bid for Masonry Restoration of the Julie Rogers Theatre 5. Consider a resolution approving a bid for the renovation of the Municipal Airport Terminal building 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: James Mathews vs. City of Beaumont, Texas; A-192,887 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 4,2012 Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes RICH WITH OPPORTUNITY IIEA,UMON* T • E • X • A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 4, 2012 REQUESTED ACTION: Council consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes. BACKGROUND As a result of the 2010 decennial census, it has been determined that an increase in population in the City of Beaumont has caused the existing ward boundaries of the City of Beaumont to be substantially unequal in population. Article I, Section 6 of the Charter of the City of Beaumont gives to the City Council the responsibility of changing the ward boundaries from time-to-time as the Council may deem expedient so that each ward shall contain, as nearly as possible, the same number of electors. The proposed ordinance adjusts the ward boundaries so as to comply with the Charter of the City of Beaumont. The next City election is May 11, 2013. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. ORDINANCE NO. AN ORDINANCE REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2010 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR ELECTION PRECINCTS; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TEN DAYS AFTER PUBLICATION. WHEREAS, the 2010 decennial census disclosed that existing council member wards in the City of Beaumont, Texas, are substantially unequal in population; and, WHEREAS, the City Council of the City of Beaumont has undertaken to redraw the four council member wards for the convenience of the people and to equalize population and assure compliance with the applicable requirements of state and federal law; and, WHEREAS, through a series of public hearings and meetings, the City Council has received and considered oral testimony and written evidence regarding the need for new council member wards and an appropriate configuration of these wards; and, WHEREAS, the City Council finds the attached map of the revised council member wards reflects the division of the City of Beaumont into four wards that satisfy all legal requirements including the United States and Texas Constitution and Statutes and the Federal Voting Rights Act and the City Charter; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: 1. Findings of Fact That all of the above premises are hereby found to be true and correct legislative and factual findings of the City of Beaumont City Council and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. 2. Adoption of Plan That the boundaries of the four single-member council member wards are hereby modified, amended and redrawn for the purposes of apportioning the population of the City between the council member wards and, as modified, amended and redrawn, the boundaries of the four council member wards shall be in accordance with the redistricting map attached hereto as Exhibit"A",which map is incorporated by reference into and made a part of this ordinance. 3. Election Precincts That the City Attorney is hereby instructed to send a copy of this ordinance and the new council member ward map and legal descriptions to the proper officials of Jefferson County so the County can make the necessary changes in the County's election precincts, as required by the Texas Election Code, and effective for the May 2013 City Council Election. 4. Effective Date This ordinance shall take effect immediately from and after its passage, publication as may be required by governing law, and upon receiving preclearance from the U.S. Department of Justice. 5. Proper Notice and Meeting It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. 6. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Beaumont, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 7. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 8. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Beaumont in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 9. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Beaumont in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Beaumont. 10. The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the City of Beaumont, in compliance with the provisions of Article X, Section 4, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. 11. This ordinance shall become effective ten (10) days after first publication as described above. PRESENTED AND GIVEN FIRST READING on the 28th day of Au ust, 2012, at a regular meeting of the City Council of the City of Beaumont,Texas; and GIVEN SECOND READING, passed and approved on the day of , 2012, by a vote of ayes and nays at a regular meeting of the City Council of the City of Beaumont, Texas. - Mayor Becky Ames - ATTEST: TINA BROUSSARD, City Clerk APPROVED AS TO FORM: TYRONE E. COOPER, City Attorney BY: i i' n a 'u tr e 7 a�. iNR" �li••� 1■viii► � :. ,.i II 1• ` 11 j �I�I F■ a �=��ir• � °��"fli�•��II�I�o ow MIR 'Legend ! \ ■ Precincts r 130ty Limits ADOPTED MAP! f 7 .r • Ward • Ward ■ • • 4 I t •• JEFFERSON COUNTY VOTING PRECINCTS WARD 1 WARD 2 WARD 3 WARD 4 22 92 77 84 72 *90 1 85 88 17 63 18 99 79 3 39 94 *26 8 19 2 78 *10 20 68 27 16 75 4 86 11 *67 89 73 15 *21 7 5 14 *64 65 62 12 *92 100 *13 6 23 87 * Portion that is within the Beaumont city limits. 2 September 4,2012 Consider an ordinance amending Chapter 6, Section 6.09.144 of the Code of Ordinances regulating seismic testing within the city RICH WITH OPPORTUNITY BEAUMON* T • E • X - A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 4,2012 REQUESTED ACTION: Council consider amending Chapter 6, Section 6.09.144 of the Code of Ordinances regulating seismic testing within the city. BACKGROUND Recently, Cimarex Energy Company and OGM Land Company applied to the City of Beaumont for a Seismic Testing Permit. However,due to the restrictions of the current ordinances,their ability to obtain a broad, detailed survey of Beaumont's North End was limited. In response, they approached staff and then City Council,requesting to amend current ordinances to allow more detailed testing. Following a demonstration of vibratory truck operation,a City Council Work Session was held on August 29,2012 to discuss a variety of changes to the ordinance. Specifically,amendments discussed would allow for vibratory trucks to impulse within a minimum of thirty-five(35)feet of a structure instead of a minimum of two hundred and fifty (250)feet. In addition,vibratory trucks would be allowed to operate on non-concrete city streets, with the approval of the City Engineer.Also,the allowed Peak Particle Velocity(PPV)or amount of ground movement would be changed from 0.5 inches per second to a more restrictive 0.25 inches per second. Finally, amendments were discussed to allow testing and drilling only between 8:00 a.m. and 5:00 p.m., Monday through Friday, but allow drilling and testing in non- urbanized areas from 8:00 a.m.to 5:00 p.m. on weekends. One exception to this would be the allowance of emergency line maintenance, anywhere within the city on any day,but only between the operating hours of 8:00 am. and 5:00 p.m. FUNDING SOURCE None. RECOMMENDATION None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 6, SECTION 6.09.144, SUBSECTIONS (3), (4), (7) AND (8) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 6, Section 6.09.144, Subsections (3), (4), (7) and (8) of the Code of Ordinances be and the same are hereby amended to read as follows: ARTICLE 6.09 OIL AND GAS DRILLING Sec. 6.09.144 Testing requirements and restrictions (3) No point of impulse using mechanical vibration (vibratory trucks) shall occur within thirty-five (35) feet of any structure and shall occur only on private property with the expressed written consent of the property owner of the property containing the mechanical point of impulse. (4) Mechanical vibration (vibratory trucks) may be used on the city streets with the consent of the City Engineer in addition to or in place of mechanical vibration on private property in accordance with paragraph (3)of this section and only if the distance, peak particle velocity of ground motion and time of operation requirements in this section are adhered to. No mechanical vibration (vibratory trucks) shall be allowed on concrete city streets. (7) Utilizing third-party engineers for monitoring, no structure shall be subject to any peak particle velocity of ground motion in excess of 0.25 inches per second. (8) Testing and associated drilling shall occur on weekdays (Monday through Friday) between the hours of 8:00 a.m. and 5:00 p.m. Emergency line maintenance is allowed to occur on any day only between the hours of 8:00 a.m. and 5:00 p.m. Testing and associated drilling may occur in non- urbanized areas of the city on any day between the hours of 8:00 a.m. and 5:00 p.m. as approved by the building official. No testing, drilling or hauling of equipment shall be allowed at night, or on weekends or holidays recognized as such by the city. 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 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. 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 4th day of September, 2012. - Mayor Becky Ames - 3 September 4,2012 Consider a resolution approving Change Order No. 1 to the contract with Bruce's General Construction related to the construction of the new Restroom and Police Substation at the Amtrak Station RICH WITH OPPORTUNITY BEAUMO,N* T E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �.O PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: September 4,2012 REQUESTED ACTION: Council consider a resolution approving Change Order No. 1 to the contract with Bruce's General Construction in the amount of$29,264.28 related to the construction of the new Restroom and Police Substation at the Amtrak Station. BACKGROUND A contract in the amount of$289,000 was awarded to Bruce's General Construction on January 24, 2012. Change Order No. 1 includes variances in the construction project due to the need for additional CMU blocks and fill dirt,relocating outside lighting,extending a sidewalk, installation of sod, and building and street signage. Contingency allowances in the original bid of$26,000 have been applied to the total cost of the additional work. The net change to the contract amount is an increase of 1.3%or$3,753.92 resulting in a total construction cost of$292,753.92. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. AML I WAIA Document G7011M - 2001 Change Order PROJECT(Mamie and arldress): CHANGE ORDER NUMBER:001 OWNER:ED City or Beaumont Train Station DATE:August 21,2012 ARCHITECT: &Ponce Substation 2555 West Cedar Sind CONTRACTOR: Beaumont,Texas 77701 FIELD;❑ TO CONTRACTOR(&we and aridress): ARCM TECT'S PROJECT NUM8HI:1077 Bruce's General Construction CONTRACT DATE.1/3tIi2011 OTHER:❑ I I 7 Reynolds Road CONTRACT FOR:Gemal Cormnrction Beaumont.Texas 77707 THE CONTRACT 0 CHANGED AS FOLLOM: (tnCtsmk xl;ere ap~e,furl'm4syowrd onoto l annindaMe to p-evrowlp a tierwed Candrnrlirmr Cbmlge Are ctives) 1.Additional CMU block S 2,635.01 2.Moving Outside Pole Lights S 1 165.00 3.Additional Concrete Parking Area S 100.00 4.Sign International S 6,625.00 5.Sod&Hydrowelch S 7,000.00 6.Re-application or sod&Hydromulch S 4,000.00 7.Sign Inicragiona)Skeet site- 116 Street S 3,950.00 8.Bruce's foundation for 10,Street sign S 2,700.00 Less tax -S 60.72 Subtotal 529,264.28 Less total Allowances (see attached breakdown) -526,000.00 Overage subtotal S 3264.28 Pius 13%OverlicadtProlit S 489.64 Total this Change Order S 3,753.92 The original Contract Sum was >i 289,000.00 The net change by previously authorized Choate Orders $ 0.00 The Contract Sum prior to ilia Chraltc Order was $ 289,000.00 The Contract Sum will be increased by IW Change Order in the ansou d of $ 3753.92 The new Contract Sum indwb%diis Change Order will be $ 292,753.92 The Contract Time will be increased by Zero(0)days. The date of Substantial Compiceion as of the date of this Change Order Therefore is NOTE:This Cheap Orderdoes not include changes in the Contrad Sant,Conlmd Tim orCwaraMeed Maximum Prier winch have been authorized by Constroclion Change Dimetim until the cost and time have beat agreed upon by both the(honer and Contractor,in which case a Change Order is executed to supersede the Comdrudion Change Directive. AIA Waiateet 0791 -SNt,t,opyrlpM O 1978 tSW,2000 aid 2M ity The Amwken*WAkftef ArohAeda N rtllib roared,W AMMtO:This AW Iaaiaw M b Oralod"by te.C*W4"Low a�rtt iwureae.artT�n�Maa Oi"Worla"1 Ora+In sw r MiaMMwtltiir of aw iWk�4sauraait,ar,pgr T P'artttiti al It mry►scull In WVm"4*4144 nO itaaaMMe,mad well be lna ssa*d Ad tlrnnrrdiit+nr a maser the law.TMs doomed was Produced by AIA soAware at 1Y:39:11D an OBR1M12 wider Order Na07 511 6 2 1 4Ot_t which eapkes an 09(28(2013,and is not for reads. User Notes: (1751503914) RESOLUTION NO. WHEREAS, on January 24, 2012, the City Council of the City of Beaumont, Texas, passed Resolution No. 12-022 awarding a contract in the amount of$289,000 to Bruce's General Construction, of Beaumont, Texas, for the construction of a Police substation and public restroom facility adjacent to the newly constructed Amtrak station; and, WHEREAS, additional work in the amount of$29,264.28 is required for CMU blocks and fill dirt, relocating outside lighting, extending a sidewalk, installation of sod, and building and street signage; and, WHEREAS, contingency allowances in the amount of$26,000 have been applied to the total cost of$29,264.28, thereby resulting in a change of a net amount of$3,753.92 increasing the contract amount to $292,753.92; 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. 1 in the amount of$29,264.28 for additional work described above,thereby increasing the contract in the net amount of$3,753.92 for a total contract amount of$292,753.92 for the construction of a Police substation and public restroom adjacent to the newly constructed Amtrak station. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of September, 2012. - Mayor Becky Ames - 4 September 4,2012 Consider a resolution approving a bid for Masonry Restoration of the Julie Rogers Theatre RICH WITH OPPORTUNITY IIEA[IMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 4, 2012 REQUESTED ACTION: Council consider a resolution approving the award of a bid to Moore's Waterproofing of Vidor, TX in the amount of $268,550 for Masonry Restoration of the Julie Rogers Theatre. BACKGROUND Six (6) bids were received on Thursday,August 23, 2012 for furnishing all labor, materials, equipment and supplies to restore the exterior masonry walls and paint the windows of the historical Julie Rogers Theatre. The base bid includes painting the windows,tuck-pointing mortar joints in brick and cast stone components, and replacing damaged masonry components. In addition to the base bid,two additional prices were requested; a price per square foot for additional tuck pointing in the face brick and a price per lineal foot to replace damaged horizontal steel shelf angles in the masonry wall. These prices were requested to cover the cost of unforseen damage that cannot be determined until the work commences. The following bids were received: Contractor Location Base bid Unit cost Project time Sq.ft Lft. Moore's Waterproofing Vidor $268,550 $6 $120 120 days Marsh Waterproofing, Inc. Vidor $280,000 $8 $105 15 days ALLCO Beaumont $543,900 $19.75 $242 90 days N&T Construction Co. Beaumont $569,000 $20 $300 90 days L&L General Contractors Beaumont $646,450 $22 $264 120 days Lange Brothers, Inc. Pt. Arthur $660,178 $19.75 $242 180 days Masonry Restoration -JRT September 4, 2012 Page 2 The age of the Julie Rogers Theatre has necessitated the labor intensive repair of the mortar between the bricks in its exterior wall. After the interior restoration in 2006,there has been notable damage to 2'floor interior walls on the building's north side due to water intrusion. Sealing the bricks and replacing broken masonry and deteriorated window frames should prevent any further damage to its interior walls. Work is expected to be completed in approximately 120 days. Due to the specialized nature of the work to be accomplished, only direct employees rather than sub-contractors will work on this project. Scaffolding rental and supplies such as masonry grout are supplied by large corporations. Moore's Waterproofing is not certified as an MBE or HUB vendor. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for masonry restoration of the Julie Rogers Theatre; and, WHEREAS, Moore's Waterproofing, of Vidor, Texas, submitted a bid for an estimated amount of$268,550 in the unit amounts shown below: Contractor Location Base bid Unit cost Project Sq.ft Lft. time Moore's Waterproofing Vidor $268,550 $6 $120 120 days Marsh Waterproofing, Vidor $280,000 $8 $105 15 days Inc. ALLCO Beaumont $543,900 $19.75 $242 90 days N&T Construction Co. Beaumont $569,000 $20 $300 90 days L&L General Beaumont $646,450 $22 $264 120 days Contractors Lange Brothers, Inc. Pt. Arthur 1 $660,178 $19.75 $242 180 days and, WHEREAS, the City Council is of the opinion that the bid submitted by Moore's Waterproofing, of Vidor, 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 Moore's Waterproofing, of Vidor, Texas, for masonry restoration of the Julie Rogers Theatre for an estimated amount of$268,550 and in the unit amounts shown above, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Moore's Waterproofing, of Vidor, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of September, 2012. - Mayor Becky Ames - 5 September 4,2012 Consider a resolution approving a bid for the renovation of the Municipal Airport Terminal building RICH WITH OPPORTUNITY ha 0 Toc BEAU11 N T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 4, 2012 REQUESTED ACTION: Council consider a resolution approving the award of a bid to Bruce's General Construction, Inc., of Beaumont in the amount of$84,500 for the renovation of the Beaumont Municipal Airport Terminal building. BACKGROUND Ten(10)bids were received on Thursday, August 23, 2012 for furnishing all labor,materials, equipment and supplies to renovate the terminal building at the Beaumont Municipal Airport. The renovation includes the replacement of the current glass and metal panel window system, constructing a business transaction counter, a pilot's flight plan station,painting interior trim and walls, and replacing the vinyl floor tile with a no wax floor covering. The current window system was originally installed in 1980. The window system is not energy efficient and the metal panels are deteriorating causing water leaks in the building. The building's west, east and north sides include floor to ceiling window and metal panel systems that will be replaced with a Low E glass system without metal panels. The floor plan of the building will be modified to include a pilot's flight planning room, and a new transaction counter to replace two large glass display cabinets, thus providing more space for pilots and patrons of the airport. The bids received are as follow: Contractor Place of Business Bid Time Bruce's General Construction, Inc. Beaumont, TX $84,500 85 days Lange Brothers Construction, Inc. Port Arthur, TX $89,022 30 days S.R. Tilley Builders, Inc. Beaumont, TX $95,907 45 days G& G Enterprises Orange, TX $109,850 80 days H.B. Neild& Sons, Inc. Beaumont, TX $105,500 120 days Goss Building, Inc. Beaumont, TX $106,500 60 days Renovation of the Beaumont Municipal Airport Terminal September 4,2012 Page 2 Contractor Place of Business Bid Time L& L General Contractors Beaumont, TX $116,367 150 days N&T Construction Co., Inc. Beaumont, TX $126,000 45 days B&B Construction Nederland, TX $120,000 75 days Daniels Building Construction, Inc. Beaumont, TX $138,500 150 days Work is expected to be completed in approximately 85 days. Bruce's General Construction, Inc. is a certified Minority Business Enterprise company. FUNDING SOURCE Municipal Airport Fund. RECOMMENDATION Approval of resolution. I RESOLUTION NO. WHEREAS, bids were solicited for renovation of the Municipal Airport terminal building; and, WHEREAS, Bruce's General Construction, Inc., of Beaumont, Texas, submitted a bid for an estimated amount of$84,500 in the unit amounts shown below: Contractor Place of Business Bid Time Bruce's General Construction, Beaumont, TX $84,500 85 days Inc. Lange Brothers Construction, Port Arthur, TX $89,022 30 days Inc. S.R. Tilley Builders, Inc. Beaumont, TX $95,907 45 days G & G Enterprises Orange, TX $109,850 80 days H.B. Neild & Sons, Inc. Beaumont, TX $105,500 120 days Goss Building, Inc. Beaumont, TX $106,500 60 days L & L General Contractors Beaumont, TX $116,367 150 days N&T Construction Co., Inc. Beaumont, TX $126,000 45 days B&B Construction Nederland, TX $120,000 75 days Daniels Building Construction, Beaumont, TX $138,500 150 days Inc. ;and, WHEREAS, the City Council is of the opinion that the bid submitted by Bruce's General Construction, Inc., of Beaumont, 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 Bruce's General Construction, Inc.,of Beaumont,Texas, for renovation of the Municipal Airport terminal building for an estimated amount of$84,500 and in the unit amounts shown above, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Bruce's General Construction, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of September, 2012. - Mayor Becky Ames -