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HomeMy WebLinkAboutPACKET DEC 18 2012 R/CB WITS OrrORTUXITT BEAUMON* T - 8 - a • A • 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 18,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—December 11,2012 * Confirmation of committee appointments A) Approve a resolution approving an annual contract for towing services B) Approve a resolution authorizing the City Manager to execute all documents necessary, specifically including a contract, in order to accept grant funding from the National Highway Safety Administration provided through the Texas Department of Transportation for impaired driving enforcement and education C) Approve a resolution authorizing the City Manager to execute a deed conveying unimproved House Road right-of-way property to Legacy Community Development Corporation for the construction of one affordable home RICH WITH OPPORTUNITY A BEAUMON* T • $ • X • A • a City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager '/ PREPARED BY: Laura Clark, Chief Financial OfTiceMl MEETING DATE: December 18, 2012 REQUESTED ACTION: Council consider a resolution approving an annual contract for towing services with TNT Wrecker Services of Beaumont in the estimated amount of$59,931.50. BACKGROUND Towing services are provided to Fleet Management, Code Enforcement and the Police Department. Vehicles to be towed include disabled city-owned vehicles for Fleet Management, impounded or seized vehicles for the Police Department and inoperable, wrecked or junked vehicles for Code Enforcement. Sixteen(16)towing companies were provided with bid specifications and two(2)responses were received. The towing specifications were changed to include light, medium and heavy duty vehicles. The contract is for one(1)year with the option to renew for one(1) additional year. A copy of the bid tab is attached. FUNDING SOURCE General Fund and Fleet Management Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for an annual contract, with an option to renew for one (1) additional year, for towing services of impounded, seized, inoperable, wrecked or junked vehicles; and, WHEREAS, TNT Wrecker Services, of Beaumont, Texas, submitted a bid for an estimated total annual expenditure of$59,931.50 in the unit amounts shown on Exhibit"A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by TNT Wrecker Services, 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 TNT Wrecker Services, of Beaumont, Texas, for an annual contract, with an option to renew for one (1) additional year, for towing services of impounded, seized, inoperable, wrecked or junked vehicles for an estimated total annual expenditure of$59,931.50 in the unit amounts shown on Exhibit"A" 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 TNT Wrecker Services, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of December, 2012. - Mayor Becky Ames - BID NAME: ANNUAL CONTRACT FOR TOWING SERVICES FOR FLEET MANAGEMENT, CODE ENFORCEMENT AND POLICE DEPARTMENT BID OPENING DATE: THURSDAY, NOVEMBER 29, 2012 BID NUMBER: PF1113-05 Section I - Fleet Management TNT Wrecker Service Neff Brothers Towing Beaumont, TX Beaumont, TX Item# Est Qty Description Unit Price Total Price Unit Price Total Price 1 230 Towing- Light Du $44.50 $10,235.00 $54.00 $12,420.00 2 135 Towing-Medium Du $99.50 $13,432.50 $99.00 $13,365.00 3 115 Towing- Heavy Du $150.00 $17,250.00 $174.00 $20,010.00 4 Jump Start-Light Du $44.50 $50.00 5 Jump Start-Medium Duty $44.50 $50.00 6 Jump Start-Heavy Du $44.50 $100.00 7 Pull Out-Light Du $44.50 $64.00 8 Pull Out-Medium Du $99.50 $99.00 9 jPull Out-Heavy Du $150.00 $150.00 10 lWork Time 1/10 hr $15.00 $15.00 Cost for towing from Fleet Management Facility to Phil oft Ford or JK Chevrolet 11 20 Light Du $65.00 $1,300.00 $95.00 $1,900.00 12 30 Medium Du $150.00 $4,500.00 $149.00 $4,470.00 13 5 114eavyDuty $195.00 $975.00 $149.00 $745.00 Cost for towing from Fleet Management Facility to DeJeans, Philp oft Body Shop and Energy Country 14 10 1 Light Du $125.00 $1,250.00 $95.00 $950.00 15 25 IMedium Du $175.00 $4,375.00 $149.00 $3,725.00 16 10 1 Heavy Du $225.00 $2,250.00 $149.00 $1,490.00 Total Section 1 $55,567.50 1 $59,075.00 Section II - Code Enforcement TNT Wrecker Service Neff Brothers Towing Beaumont, TX Beaumont, TX. Item# Est Qty Description Unit Price Total Price Unit Price Total Price 1 83 Towing-Light Duty No Charge $0.00 $64.00 $5,312.00 2 10 Towing-Medium Duty No Charge $0.00 $99.00 $990.00 3 8 Towing-Heavy Duty No Charge $0.00 $174.00 $1,392.00 Total Section II $0.00 $7,694.00 Section III - Police Department TNT Wrecker Service Neff Brothers Towing Beaumont, TX Beaumont, TX. Item# Est Qty Description Unit Price Total Price Unit Price Total Price 1 42 Towing-Light Du $44.50 $1,869.00 $64.00 $2,688.00 2 10 Towin -Medium Du $99.50 $995.00 $99.00 $990.00 3 10 _Towing-Heavy Du $150.00 $1,500.00 $174.00 $1,740.00 Total Section III 1 $4,364.00 $5,418.00 EXHIBIT "A" B RICH WITH OPPORTUNITY T • E BEAUMON1)c X • A • S Ci Council A enda Item t3' g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: December 18, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary, specifically including a contract, in order to accept grant funding from the National Highway Safety Administration provided through the Texas Department of Transportation for impaired driving enforcement and education. BACKGROUND The City of Beaumont was identified as one having at least three alcohol related fatalities during 2008. That, combined with the City's population put the Beaumont Police Department on the list of agencies TXDOT has offered assistance to aid in the enforcement and education of impaired driving. The grant will assist the department in conducting DWI enforcement waves during the holiday periods associated with the"Drink, Drive, Go to Jail"campaign. BUDGETARYIMPACT The grant funds are estimated at$32,478.35. 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 all documents necessary, specifically including a contract, to assist the Beaumont Police Department in conducting DWI enforcement waves during holiday periods, in order to receive grant funding in an amount up to $43,390.78 from the National Highway Traffic Safety Administration provided through the Texas Department of Transportation for impaired driving enforcement and education. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of December, 2012. - Mayor Becky Ames - c RICH WITH OPPORTUNITY 1h10N* BEA11M 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: December 18, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a deed conveying unimproved House Road right-of-way property to Legacy Community Development Corporation for the construction of one affordable home. BACKGROUND Under Texas Local Government Code Section 253.011, a municipality may transfer to a nonprofit organization, real property without complying with the notice and bidding requirements of Section 272.001(a) by a Special Warranty Deed. The Special Warranty Deed must include a provision that requires the nonprofit organization to use the property in the manner of providing affordable homes and if the nonprofit organization at any time fails to use the property in that manner, the property will automatically revert to the City of Beaumont. The property is the remaining section of House Road unimproved right-of-way located between 8195 Lawrence Drive and 8225 Lawrence Drive described as being a 0.3024 acre tract of land out of and part of House Road Right-of-Way situated in the Suburban Acres,Unit Two (2), W. B. Dyches League, Abstract 17. The property will be donated as part of the Neighborhood Revitalization Project to Legacy Community Development Corporation to provide a decent, safe and sanitary home for low to moderate income family. RECOMMENDATION Approval of resolution. I 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 Special Warranty Deed, substantially in the form attached hereto as Exhibit "A," conveying unimproved House Road right-of-way property, as described in Exhibit "B" and shown on Exhibit "C," attached hereto and made a part hereof, to Legacy Community Development Corporation as part of the Neighborhood Revitalization Project for the construction of affordable housing. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of December, 2012. - Mayor Becky Ames - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X SPECIAL WARRANTY DEED THAT, the CITY OF BEAUMONT, a municipal corporation domiciled in the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the LEGACY COMMUNITY DEVELOPMENT CORPORATION, a Texas Non-Profit Corporation, hereinafter called GRANTEE, of the County of Jefferson, State of Texas, whose address is 620 Pearl, Beaumont, Texas 77701, all that certain tract or parcel of land in the County of Jefferson, Texas, described in Exhibit "A", attached hereto and made a part hereof for all purposes (the "Property"). GRANTEE covenants and agrees that the property described above shall be used for the purpose of providing decent, safe, sanitary and affordable housing units for low to moderate income families. If GRANTEE fails to use the property for the stated purpose, title to the property shall automatically revert to GRANTOR and GRANTEE will execute a Special Warranty Deed to GRANTOR and file such deed of record in the Deed Records of Jefferson County, Texas. In the event GRANTEE at any time breaches the foregoing restrictive covenants, GRANTOR shall have the right to demand a reversion of the property EXHIBIT "A" to GRANTOR, and GRANTEE agrees to execute a Special Warranty Deed in favor of GRANTOR upon written request of GRANTOR. GRANTEE understands and agrees that should GRANTEE become defunct or insolvent and at any time fails to use the "Property" in the manner of providing affordable housing,the"Property" shall automatically revert to the GRANTOR as provided herein. This conveyance is subject to any restrictive covenants, outstanding mineral interests and easements affecting the property above described. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and GRANTEE'S successors and assigns, forever; and said GRANTOR binds itself and its successors and assigns to warrant and forever defend all and singular the said premises unto the said GRANTEE and GRANTEE'S successors or assigns, against every person whomsoever lawfully claiming or to claim all or any part of the property, subject to the provisions stated above, when the claim is by, through, or under GRANTOR but not otherwise. EXECUTED this the day of 12012. THE CITY OF BEAUMONT By: Kyle Hayes, City Manager ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on this day of , 2012, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said City of Beaumont. Notary Public, State of Texas RETURN TO: CITY OF BEAUMONT Antoinette Hardy P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 0.3024 Acre Tract or Parcel of Land Out of and Part of House Road Right-of-Way Suburban Acres,Unit Two Volume 7, Page 193, Map Records W.B. Dyches League, Abstract No. 17 Beaumont, Jefferson County,Texas BEING a 0.3024 acre tract or parcel of land situated in the W.B. Dyches League, Abstract No. 17, Jefferson County, Texas and being out of and part of the House Road right-of-way as recorded on the final plat of Suburban Acres, Unit Two, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 7, Page 193, Map Records, Jefferson County, Texas, said 0.3024 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Southeasterly line of Lot 1, Block 7 of the said Suburban Acres, Unit Two, the same being the Northwesterly right-of- way line of Lawrence Drive, as SOUTH 35°31'30" WEST as recorded in Volume 7, Page 193, Map Records, Jefferson County, Texas. All set 518" iron rods set with caps stamped "M.W. Whiteley &Associates". COMMENCING at a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for the most Easterly corner of Lot 1, Block 7 and the most Southerly corner of Lot 2, Block 7 of the said Suburban Acres, Unit Two, and said corner being in the Northwesterly right-of-way line of Lawrence Drive (based on a width of 80 feet); THENCE SOUTH 35°31'30" WEST, along and with the Southeasterly line of the said Lot 1 and the Northwesterly line of the said Lawrence Drive, for a distance of 99.99 feet to a 1/2" iron rod found for the most Easterly corner and the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 35 000'06" WEST, continuing along and with the Northwesterly right-of-way line of Lawrence Drive, for a distance of 79.82 feet to a concrete monument found for corner; THENCE NORTH 54 041'06" WEST, passing at a distance of 20.06 feet a 5/8" iron rod found for a corner in the Northeasterly line of Lot 10, Block 6 of the said Suburban Acres, and continuing along and with the Northeasterly line of the said Lot 10 and the Southwesterly right- of-way line of House Road, for a total distance of 165.00 feet to a 5/8" iron rod set for corner, said corner being the most Northerly corner of the said Lot 10 and in the Southeasterly line of that certain called 131.467 acre tract of land as described in a "Warranty Deed" from H.G. Nichols, Sr. to Howard Grant Nichols Family Limited Partnership as recorded in Clerk's File No. 2000016829, Official Public Records of Real Property, Jefferson County, Texas and from said corner a found concrete monument bears NORTH 18°21'12" WEST a distance of 0.54 feet; EXHIBIT"A" Dona 1 of 7 MAR1 EXHIBIT "B" fNc THENCE NORTH 35 009'03" EAST, along and with the boundary between the Northwesterly right-of-way line of House Road and the Southeasterly line of the said 131.467 acre Howard Grant Nichols Family Limited Partnership tract, for a distance of 79.97 feet to a 1/2" iron rod found for corner, said corner being the most Westerly corner of the said Lot 1, Block 7, and from said corner a found concrete monument bears SOUTH 53°49'49" EAST a distance of 0.49 feet; THENCE SOUTH 54 03756" EAST, along and with the Southwesterly line of the said Lot 1, Block 7 and the Northeasterly right-of-way line of House Road, passing at a distance of 144.85 feet a 5/8" iron rod set for corner in the Southwesterly line of the said Lot 1, Block 7 and continuing for a total distance of 164.79 feet to the POINT OF BEGINNING and containing 0.3024 Acres, more or less. Surveyed on October 9, 2012. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). ...................RONI►E THOMAS..�._.........» Thomas S. Rowe, RPLS No. 5728 <:9 5728 - 9 ..ESN.O 0-a S URJ W:\2012\12-809\12-809m&b.doe EXHIBIT"A" Page 2 of 2 MARK W. WHITELE Y A ND A SSOCIA TES,INC. CALLED 131.467 ACRES FND CONC MON BEARS HOWARD GRANT NICHOLS N 18.21'12'W 0.54' (CALL N35'3130-E 80.00) FAMILY LIMITED PARTNERSHIP SET. ROD FND N35°09'03"E 79.97' FND D2. CF. NO. 2000016829 682s —OHE "OHE OHE OHE OHE ❑HE OH FND CONC MON BEARS x S53'4949 E 0.49' 0.24' W (n 4.09' 0 All g x z - 0� �3 -a x z t� �i Ix�-x 2 oYW +�oZ o 3 HOUSE ROAD g O (80' ROW) Cp o Tw0 �n 15!= fig �� °° w �^ AG'; j93 o - ,4, SDgUR,ry- 1. Yvr m ti N x 0.3024 ACRES N 3 x 4' Z 2.70' 0.23' n y •x A A =�o 4 � u°T �06 °T a �161 BL�K W a FND 518' SET 518' D o 1. ROD &� 1. ROD 1 0 C fz o c-i `$voi o Mi DRNE FND 518' L ROD FND CONC. 'o W CAP STAMPED MONU. °c (CALL S35'3130-W 80.00) .W. voinnEY' Fl L � FND S35°00'06'W 79.82' FND S35'29 36'W 99.89' FND S35.31 30'1Y 99.99' (CALL S35'31'30'W 100.00) 13'PIASIX PIPE (CALL S35'31'30'W 100.00') SEWER�uNHOLE _ — REFERENCE BEARING PER PLAT LAWRENCE DRIVE POB (80' ROW) FND 112' = OJ some �r EXHIBIT "B" L ROD '_ 1 f 1 ., , REFER TO EXHIBIT A" 12-8 12-80 A.DWG FOR LEGAL DESCRIPTION Z � wiIQT M AND ASSOMES TO THE OWNERS OF THE PREMISES SURVEYED INCORPORATED AS OF THE DATE OF THE SURVEY: =ON= eUrie:M AM PUa I. THOMAS . DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY is=r 1�� MADE ON THE SU ACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME +• ++++• OF THE SURVEY. BOUNDARY SURVEY OF A DATE SURVEYED: OCTOBER 9. 2012 OF 0.3024 ACRE TRACT OR Q�o•�.. . F PARCEL OF LAND OUT OF AND PART OF Q o. HOUSE ROAD RIGHT-OF-WAY •••«•.«• SUBURBAN ACRES, UNIT TWO S S.ROWS VOLUME 7, PAGE 199 4 5728 MAP RECORDS <'9 .9oF E S S 0 .'-�Q W.B. DYCHES LEAGUE �G�•••......•••'�, ATTRACT NO. 17 THOMAS S. ROWE - w REGISTERED PROFESSIONAL LA) BEAUMONT, JEFFERSON EXHIBIT "C" COUNTY, TEXAS RIGS VIts OPPORTUNITY BEAUMON* T * F * X * A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 18,2012 1:30 P.M. AGENDA CALL TO ORDER ' * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving the purchase of 20 patrol vehicles for use in the Police Department 2. Consider a resolution authorizing the City Manager to execute a 20 year agreement with Fair Energy Operations-Beaumont, LLC to purchase municipal solid waste from the City of Beaumont 3. Consider an amendment to Chapter 8, Section 8.02.002 of the Code of Ordinances by adding a new subsection 3404.2.11.3.1 related to the use and installation of underground storage tanks 4. Consider a resolution authorizing eminent domain proceedings to acquire property at 2935 Washington Boulevard for the Washington Boulevard Road Improvement Project COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Debhra Reeves Claim of Chantesha Bruno 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 December 18,2012 Consider a resolution approving the purchase of 20 patrol vehicles for use in the Police Department RICH WITH OPPORTUNITY BEAUMON* T • Z • X - A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �/ PREPARED BY: Laura Clark, Chief Financial Officer k--/ MEETING DATE: December 18, 2012 REQUESTED ACTION: Council consider a resolution approving the purchase of twenty(20)patrol vehicles from Caldwell Country Chevrolet of Caldwell, Texas in the amount of$525,960 for use by the Police Department. BACKGROUND The new vehicles are 2013 Chevrolet Tahoe's with the police package. Chevrolet Tahoe's were chosen due to Ford stopping production of the Crown Victoria. Since the current radios and computer equipment accessories will transfer to the Tahoe with minor equipment modifications, the Chevrolet Tahoe is the most cost efficient choice to replace the Crown Victoria. Nineteen(19)of the twenty(20)vehicles requested will replace units that are used in daily operations by the Patrol Division. The vehicles to be replaced are on a scheduled replacement cycle in order to keep serviceable vehicles available at all times. The remaining vehicle will be utilized by Crime Scene Investigation Technicians and will replace a unit which is no longer fit for service due to age and mileage. The replaced vehicles may be disposed of according to the City's surplus property disposal policies or relocated to other divisions. Pricing for the vehicles was obtained through BuyBoard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. Standard warranties of five(5)years or 100,000 miles are provided for each vehicle. Warranty service is available from the local authorized dealer. Delivery is expected within sixty(60)to ninety(90) days. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twenty(20) Chevrolet Tahoes for use by the Beaumont Police Department from Caldwell Country Chevrolet, of Caldwell, Texas, in the amount of$525,960 through the BuyBoard Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of December, 2012. - Mayor Becky Ames - 2 ' December 18,2012 Consider a resolution authorizing the City Manager to execute a 20 year agreement with Fair Energy Operations-Beaumont, LLC to purchase municipal solid waste from the City of Beaumont RICH WITH OPPORTUNITY BEAIIMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, P.E., Water Utilities Director MEETING DATE: December 18, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a 20 year agreement with Fair Energy Operations-Beaumont, LLC to purchase municipal solid waste from the City of Beaumont. BACKGROUND The proposed agreement is with Fair Energy Operations-Beaumont,LLC, a Texas limited liability company, formerly known as GGI, LLC. Under the terms of the proposed agreement,the City will supply on average 1,400 tons per week of municipal solid waste to the company. This waste is currently disposed of at the City's landfill located on Lafin Road. Fair Energy Operations-Beaumont, LLC will purchase property next to the landfill and construct facilities to sort and process any recyclable materials and use patented technologies to convert the remaining solid waste to commercial grade liquid diesel. The company estimates it will create 50 jobs. For compensation,the City of Beaumont will receive a biannual payment of$200,000.00 which will increase by three (3)percent yearly starting on the fourth anniversary of the first payment and continuing throughout the life of the agreement. In addition to the financial benefits,this agreement will extend the life of the landfill by approximately five years. 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 execute a twenty (20) year agreement with Fair Energy Operations-Beaumont, LLC,to purchase municipal solid waste from the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of December, 2012. - Mayor Becky Ames - 3 December 18,2012 Consider an amendment to Chapter 8, Section 8.02.002 of the Code of Ordinances by adding a new subsection 3404.2.11.3.1 related to the use and installation of underground storage tanks RICH WITH OPPORTUNITY BEAUMON* T • 2 • : 0 A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Anne Huff, Fire Chief MEETING DATE: December 18, 2012 REQUESTED ACTION: Council consider approving an amendment to Chapter 8, Section 8.02.002 of the Code of Ordinances by adding a new subsection 3404.2.11.3.1 for the use and installation of underground storage tanks. BACKGROUND The City regulates the manner of installation of large underground storage tanks to ensure that the tanks do not float out of the ground during floods or other times when the underground water table rises. The City's current regulation requires that a 12"concrete pad be poured in the hole and the storage tanks be secured to the pad. Modern techniques allow for the anchoring of the tank without the pouring of the concrete slab. The manufacturers of the storage tanks and professional engineers have perfected such designs. At the request of local businesses,the proposed amended Ordinance would allow for the installation of the storage tanks as specified by the manufacturers, plans approved by professional engineers or the current method described above. The storage tanks in question are most commonly found at the corner gas station,but have other applications as well. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.02.002 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING NEW SECTION 3404.2.11.3.1 OF THE INTERNATIONAL FIRE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 8, Section 8.02.002 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended by adding a new Subsection 3404.2.11.3.1 to read as follows: Sec. 8.02.002. Amendments to code. Section 3404.2.11.3 is hereby added to read as follows: Section 3404.2.11.3.1 Foundation required. Underground storage tanks with a capacity of ten thousand (10,000)gallons or more shall be installed on a twelve- inch thick,firm concrete foundation and attached by means of not less than three (3) steel anchor straps, each of which having a minimum dimension of one- quarter (1/4) inch thickness and two (2) inches width, or by means of other approved straps and strapping methods, and fastened taut around the tank by turnbuckles or other adjustable fittings which are capable of withstanding at least as much stress as the straps. Exception; (1) Dead man anchors may be used provided that: a) The anchors are manufactured and distributed by the manufacturer of the tank being installed; and, b) Plans and documents for the proper size and length of the anchors shall be provided along with the tank installation plans; and, c) Anchors shall be installed per manufacturer's recommended installation procedures. (2) Dead man anchors may be manufactured on location provided that: a) Sealed, engineered plans shall be submitted to the Fire Marshal's office for approval prior to manufacture or installation of the anchors; and, b) Construction of the anchors shall not deviate from the engineered documents; and, c) Installation of the anchors shall comply with nationally recognized standards; and, d) Prior to installation,the dead man anchors shall be inspected by an inspector with the Beaumont Fire Rescue, Fire Marshal's Office. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. 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 20th day of November, 2012. - Mayor Becky Ames - 4 December 18,2012 Consider a resolution authorizing eminent domain proceedings to acquire property at 2935 Washington Boulevard for the Washington Boulevard Road Improvement Project RICH WITH OPPORTUNITY BEAUPq& so OW . City Council Agenda Item T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: December 18, 2012 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire property for the Washington Boulevard Road Improvement Project. BACKGROUND As part of the Washington Boulevard Road Improvement Project, a portion of two (2) parcels of land from Interstate 10 to ML King Parkway need to be acquired. Several contacts have been made to the owner of the property listed below; however administration has been unsuccessful in communicating with the land owner. The property was appraised by Bishop Real Estate Appraisers: 0.0036 acre out of Lot 1, Block 1, Dixie Terrace Addition (2935 Washington Blvd) Value: $750.00 Owner: Ora Mae Guidry Estate FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that the property described below be acquired for the Washington Boulevard Road Improvement Project; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: 0.0038 acre out of Lot 1, Block 1, Dixie Terrace Addition Address: 2935 Washington Boulevard Appraised Value: $750.00 Owner: Ora Mae Guidry Estate and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the above described property for the Washington Boulevard Road Improvement Project and has found and determined that said interests in and to the above described land is suited for such uses and that it is necessary to acquire same for said uses by the use of the power of Eminent Domain; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has made every effort to locate the owner of the above described land and because we cannot locate the owner, the City is unable to negotiate in good faith as to the fair market value thereof and damages, if any, and further attempts at negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against the owner of the above described parcel of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title in and to the said parcel of land described in Exhibit"A" and shown on Exhibit"B,"attached hereto and made a part hereof, the parcel of land being situated in Beaumont, Jefferson County, Texas for the public use of locating, constructing, widening and maintaining Washington Boulevard, a street in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of December, 2012. - Mayor Becky Ames - EXHIBIT "A" Legal Description: 0.0038 Acre Tract or Parcel of Land Out of and Part of Lot 1, Block 1 Dixie Terrace Addition Volume 6, Page 116,Map Records J.W. Bullock League,Abstract No. 7 Beaumont,Jefferson County, Texas BEING a 0.0038 acre tract or parcel of land situated in the J.W. Bullock League,Abstract No. 7, Jefferson County,Texas and being out of and part of Lot 1,Block 1 of Dixie Terrace Addition, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 6, Page 116, Map Records, Jefferson County, Texas and also being out of and part of the said Lot 1, Block 1 of Dixie Terrace Addition as described in a deed from Arthur A. Dumm and E.F. Donohue to Dave Guidry and wife, Ora Mae Guidry as recorded in Volume 485, Page 163, Deed Records, Jefferson County, Texas, said 0.0038 acre tract being more particularly described as follows: NOTE: All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83. All set 518"iron rods set with caps stamped"City of Beaumont R.O.W. Monument". COMMENCING at the Southeast corner of the said Lot 1, said corner also being the Southwest corner of Lot 2 and in the North line of Lot 4, Block 1 of the said Dixie Terrace Addition, and from said corner a 1/2"iron rod found bears NORTH 09°12'08" EAST a distance of 0.42 feet and said corner bears SOUTH 86°37'50" WEST a distance of 100.02 feet from a 5/8" iron rod found for the Southeast corner of Lot 3,Block 1 of the said Dixie Terrace Addition; THENCE NORTH 03 015'09" WEST, for the boundary between the said Lots 1 and 2, for a distance of 145.52 feet to a 5/8" iron rod set for the Southeast comer and the POINT OF BEGINNING of the tract herein described; THENCE NORTH 89°07'47" WEST, over and across the said Lot 1 and along the proposed South right-of-way line of Washington Boulevard,for a distance of 46.99 feet to a 5/8" iron rod set for corner; THENCE SOUTH 68 041'40" WEST, continuing over and across the said Lot 1 and along the proposed South right-of-way line of Washington Boulevard,for a distance of 11.68 feet to a 518" iron rod set for corner, said corner being in the West line of the said Lot 1 and in the East right- of-way line of Donohue Street (based on a width of 60 feet); THENCE NORTH 03 015'09" 'VEST, along and with the East right-of-way line of Donohue Street, for a distance of 4.67 feet to a point for comer, said comer being the Northwest corner of the said Lot 1 and being the intersection of the East right-of-way line of Donohue Street and the existing South right-of-way line of Washington Boulevard(based on a width of 60 feet); EXHIBIT "A" AIARIi 6t: 6:HITELEYAND ASSOCIATES,INC. THENCE NORTH 86 03750" EAST, along and with the existing South right-of-way line of Washington Boulevard and the North line of the said Lot 1, for a distance of 57.98 feet to a 1/2" iron rod found for corner, said comer being the Northeast corner of the said Lot 1 and the Northwest corner of the said Lot 2; THENCE SOUTH 03 015'09" EAST, for the boundary between the said Lots 1 and 2, for a distance of 4.55 feet to the POINT OF BEGINNING and containing 0.0038 Acres, more or less. Surveyed on May 15, 2012. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). V. %r&g q' S.NNNN Thomas S. Rowe, S No. 5728 THOMM O!•*G ESOot'►�,�0 W:\2012\12-363\12-363m&6.doc S! ct EXHIBIT"A" Page 2 of 2 iS.,RK JT: [i HITELEYAND ASSOC?.ATES,INC. ------- -------------------- a�A .H11�7G1 v"v' BOULEVARD 0.0038 ACRES EXISTING RIGHT OF WAY CALC. (CALL 50.00) FND 1 2' (CALL 100.00') FND SCRIBED X" O CORNER L4 a 1. R D FND N86'37'50E 100.02' ^IF IN CONCRETE L2�R50�8' L1 50.01' 50.01' SET 5/8" I. ROD ]�O D FND SCRIBED X" r D IN CONCRETE j SET . RODE" vii V SET 518 PROPOSED RIGHT OF WAY L ROD I N z( Z WASHINGTON got ' ol 2 0 Vol 3 2 BOULEVARD J � FND 1/2" L ROD 0 SOUTEX PED FND N86'41'46E 170.84' :�`� ,� �°n; �o o FND SCRIBED "X o �o DAVE GUIDRY, et ux. %°o PHAT KIM TRUONG & PRAT KIM TRUONG & IN CONCRETE VOL 485, PG. 163 rn 0 LIEN THI LE LIEN TW LE $ E~ DRJC CF. N0. 2001042757 CF. N0. 2001023787 p o OPRJC OPRJC J Z TOTAL ACRES 0.1997 HL5 ARING DISTANCE TAKING ACRES 0.0038 9'07'47"W 46.99' o LOT 4, BLOCK 5 REMAINING ACRES 0.1959 8'41'40"W 11.68' ° BOOKER HEIGHTS NO3'1 5'09"W 196.70' o VOL 4, PG. 113 6'37'50"E 57.98' a MRJC 3'15'09"E I POC CALC. CORNER CALC. FND S86'37'50'W 57.98' FND S86'37'50"W 100.02' CORNER (CALL 58.00) (CALL 100.00) N09'12'08"E 0.42' FND 112" 1. ROD BEARS o bQm 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING vol o OWNERSHIP OR TITLE 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE: INFORMATION o AND BEIJEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLAINCE Z WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD p OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL FND 1/2' XFiIBIT "B" SURVEYORS. AS SUCH, ff CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED OR L R D IMPLIED. REFER TO EXHIBIT A" 3. ALL SET 518` IRON RODS SET WITH A CAPS STAMPED CITY OF BFAUMONT R.O.W. MONUMENT" FOR LEGAL DESCRIPTION 4. ALL BEARINGS ARE REFERENCED TO TEXAS STATE PLANE COORDINATE SYSTEM SOUTH CENTRAL 0 ZONE NAD83. BFAUXONT TO THE OWNERS OF THE PREMISES SURVEYED oR MVAr TOO zoos - sir of 1 AS OF THE DATE OF THE SURVEY. J0 No. ►r zolz tz- rr�► I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY 1p 12-363 12-363.DWG 0 MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED MARK . TETrELEY HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME ASSOCIATES OF THE SURVEY. INCORPORATED DATE SURVEYED; MAY 15. 2012 G �- OF ass. AM m F. 0. a mm m6196r-aw 9°60 9�Y'lT/G1 HOMAS S. ROWS 0.0098 ACRE TRACT OR PARCEL OF LAND ••••«.t...«.«..•«•.N.E •<:9 5728 P•Q OUT OF AND PART OF LOT 1 BLOCS 1 • 0aE s s 0�•.0 DDR TERRACE ADDITION 2O"''••••••vFi VOLUME 6, PAGE 116, YAP RECORDS THOMAS S. ROWE - REGISTERED PROFESSIO URVEYOR No. 5728 LT. BULLOCI LZL= ABSTRACT NO. 7 BEAUYONT, 78FF=N COUNTY. =0 EXHIBIT "B"