HomeMy WebLinkAboutPACKET MAR 20 2001 (02)City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 20, 2001 1:30 P.M.
AGENDA
OPENING
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a contract for the 2000 Street Rehabilitation Program Project
in the amount of $1,933,235.75
2. Consider authorizing the award of a contract for construction of the Blossom,
Mary and Hollywood Street Pavement Improvement Project
3. Consider accepting the Folsom Drive Pavement Extension Project, approve Change
Order No. 1 and authorize final payment in the amount of $158,745.86
4. Consider approving a tax abatement agreement with WLK Limited Partnership
and Baker McMillen Company
5. Consider approving an amendment to Section 2-27 of the Code of Ordinances
relating to responsibilities of the Fire Department
6. Consider adoption of an ordinance amending General Election Ordinance
No. 01-006 to provide for a ballot proposition authorizing the sale of 4.07
acres of property located at Central Park
7. Consider authorizing the City Manager to execute a Development and Lease
Agreement with Jeff Hughes for the Tyrrell Park Horse Stables
8. Consider approving a contract between the City of Beaumont and the Southeast
Texas Community Development Corporation
9. Consider approval of the purchase of a Panini S 1 remittance processor from
Diversified Financial Systems, Inc. for the Cash Management Division
10.PUBLIC HEARING: Dilapidated Structures
Consider an ordinance declaring certain dilapidated structures to be public nuisances
and ordering their repair or removal by the owners and authorizing the removal of
certain other structures whose owners failed to comply with condemnation orders
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
City of Beaumont v. Ralph D. Hodges, Jr.
Entergy Gulf States, Inc.
COMMENTS
* Councilmembers comment on various matters
City Manager Report- Stormwater Management Program Presentations; Luke Jackson
Announces Retirement Plans; 2000 Consolidated Grant Plan; Commercial Sewer
Tap; Convention and Visitors Bureau Board Strategic Planning; Local Control
911; City Seal; Gilbert Cultural Art Center; Downtown/Waterfront Steering
Committee Meeting; Municipal Court; 800 MHz Trunked Radio System; Gilbert
Park
* Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting.
1
March 20, 2001
Consider approving a contract for the 2000 Street Rehabilitation Program Project in the
amount of $1,933,235.75
' City of Beaumont
:1W_ Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 13, 2001
REQUESTED ACTION: Council consider a resolution authorizing the award of a contract
for the 2000 Street Rehabilitation Program Project in the amount of
$1,933,235.75 to LD Construction.
RECOMMENDATION
Administration recommends approval and execution of a contract with LD Construction in the
amount of $ 1,933,235.75 for the 2000 Street Rehabilitation Program Project. The MBE
participation will not be required because the general contractor has been certified as a minority
business enterprise.
Administration recommends authorization to award this contract.
BACKGROUND
On March 12, 2001 the City of Beaumont received three (3) bids for the 2000 Street
Rehabilitation Program Project. The lowest bid was submitted by LD Construction in the
amount of $1,933,235.75. The list below identifies the total bid received from each contractor:
Contractor Bid
L D Construction $ 1,933,235.75
APAC-Texas 2,301,211.30
SCI Constructors, Inc. 2,363,913.81
A bid tabulation sheet is attached for additional information.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the award of a contract for the 2000 Street Rehabilitation Program
Project in the amount of $1,933,235.75 to LD Construction.
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2
March 20, 2001
Consider authorizing the award of a contract for construction of the Blossom, Mary and
Hollywood Street Pavement Improvement Project
Q19
City of Beaumont
� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 8, 2001
REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for
construction of the BIossom, Mary and Hollywood Street Pavement
Improvement Project.
RECOMMENDATION
Administration recommends approval and execution of a contract with W. B. Construction, LTD
in the amount of $462,190.05 for the Blossom, Mary and Hollywood Street Pavement
Improvement Project. The MBE participation will not be required because the general contractor
has been certified as a minority business enterprise.
Administration recommends authorization to award this contract.
BACKGROUND
On February 26, 2001 the City of Beaumont received five (5) bids for the Blossom, Mary and
Hollywood Street Pavement Improvement Project. The lowest bid was submitted by W. B.
Construction, LTD. in the amount of $462,190.05. The list below identifies the total bid received
from each contractor:
Contractor Bid
W. B. Construction, LTD $462,190.05
LD Construction 545,288.05
Excavators & Constructors, Inc. 547,124.40
Allco, Inc. 590,408.79
Brystar Contracting, Inc. 639,706.00
A bid tabulation sheet is attached for additional information.
BUDGETARY IMPACT
The engineer's estimated cost of the project prior to the receipt of the bids was $580,000. Mary
Street will be funded by Community Development Block Grant funds through the Charlton
Pollard Neighborhood Revitalization Program and Blossom and Hollywood Street will be funded
under the Street Maintenance Program.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the award of a contract for construction of the Blossom, Mary and
Hollywood Street Pavement Improvement Project.
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March 20, 2001
Consider accepting the Folsom Drive Pavement Extension Project, approve Change Order
No. 1 and authorize final payment in the amount of $158,745.86
:1~1
City of Beaumont
1W_
It7a.-17i
ANZINT-14"012MMOL Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 14, 2001
REQUESTED ACTION: Council consider a resolution to accept the Folsom Drive Pavement
Extension Project, approve Change Order No. 1 and authorize final
payment in the amount of $158,745.86.
RECOMMENDATION
On March 7, 2001 City Council awarded a contract to Brystar Contracting, Inc. for construction
of Folsom Drive Pavement Extension from Dowlen Road to Major Drive.
Administration recommends approval of Change Order No. 1, final payment to Brystar
Contracting, Inc. and acceptance of the project.
BACKGROUND
Due to an increase in estimated construction quantities, Change Order No. 1 in the amount of
$26,637.43 is required to adjust the estimated quantities used during performance of the project,
increasing the contract to $2,415,908.33.
The MBE participation in the performance ofthe contract totals $217,570.73 representing 9% ofthe
final contract amount. A copy of Schedule C identifying the MBE participation is attached.
The project has been inspected by the Engineering Division and found to be complete in accordance
with the provision and terms set out in the contract.
BUDGETARY IMPACT
Funds were allocated in the Capital Improvement Program.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and City Engineer.
RECOMMENDED MOTION
Approve/Deny a resolution accepting the Folsom Drive Pavement Extension Project approving
Change Order No. 1 and authorizing final payment in the amount of S 158,745.86.
folmchg.jld
CITY OF BEAUMONT
DATE: 03/14/01
PROJECT: Folsom Drive Paveement Extension Project
OWNER: City of Beaumont
CONTRACTOR: Brystar Contracting, Inc.
CHANGE ORDER NO. t
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Adjust final quantities to reflect actual quantities used.
ORIGINAL CONTRACT AMOUNT: $ 2,389,270.90
NET FROM PREVIOUS CHANGE ORDERS: $ 2,389,270.90
TOTAL AMOUNT OF THIS CHANGE ORDER: $ 26,637.43
PERCENT OF THIS CHANGE ORDER: 1%
TOTAL PERCENT CHANGE TO DATE: 1%
NEW CONTRACT AMOUNT: $ 2,415,908.33
ACCEPTED BY:
CONTRACTOR
APPROVED BY:
JORIS P. COLBERT, CITY ENGINEER
TOM WARNER, DIRECTOR OF PUBLIC WORKS
STEPHEN BONCZEK, CITY MANAGER
ATTESTED BY:
BAf2BARA LIMING, CITY CLERK
MAP. -09-01 12:25 PM BRYSTAR—CONTP.ACTING—INC. 409 642 1215
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March 20, 2001
Consider approving a tax abatement agreement with WLK Limited Partnership and
Baker McMillen Company
City of Beaumont
OU Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kyle Hayes, Economic Development Director
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 15, 2001
REQUESTED ACTION: Consider approving a tax abatement agreement with WLK
Limited Partnership and Baker McMillen Company.
RECOMMENDATION
Administration recommends approval of a tax abatement agreement with WLK Limited
Partnership and Baker McMillen Company.
BACKGROUND
On December 12, 2000, City Council established a Reinvestment Zone at south Cardinal Drive
and 4' Street to allow local economic incentives (principally tax abatement) in order to promote
economic development, provide employment opportunities and encourage new investment.
WLK Limited Partnership and Baker McMillen Company are proposing to construct a 50,000
square foot facility on the property with an estimated construction cost of $1,270,000. Phoenix
Millwork, currently leasing a 15,000 square foot facility in Beaumont, is a division of Baker
McMillen. Phoenix Millwork is a manufacturer of hardwood Victorian trim and other specialty
wood products.
As part of the tax abatement agreement, WLK Limited Partnership and Baker McMillen Company
agree to construct an approximate 50,000 square foot building at south Cardinal Drive and 4`'
Street with a total construction cost of not less than $1,200,000. Subject to complete compliance
with the terms and conditions of the agreement, all increases in ad valorem real property taxes
resulting from the development and improvement of the premises will be abated 30% for a period
of five years beginning the year after construction is completed.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Economic Development Director.
RECOMMENDED MOTION
Approve/Deny a tax abatement agreement with WLK Limited Partnership and Baker McMillen
Company.
AGREEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Agreement is entered into by and between the City of Beaumont, Texas, a
home -rule city and municipal corporation of Jefferson County, Texas, acting herein by and
through its City Manager, hereinafter referred to as "City," and WLK Limited Partnership
and Baker McMillen Company, acting by and through their Presidents, hereinafter referred
to as "Owners.'
WITNESSETH:
On the 12`" day of December, 2000, the City Council passed Resolution No. 00-318
establishing a Reinvestment Zone for commercial industrial tax abatement, hereinafter
referred to as "Resolution," as authorized by Vernon's Texas Civil Statutes Tax Code,
Section 312.001, et seq, as amended, hereinafter referred to as "Statute." WHEREAS, in
order to maintain and/or enhance the commerciaUndustrial economic and employment
base of the Beaumont area to the long interest and benefit of the City, in accordance with
said Resolution and Statute, the parties hereto do mutually agree as follows:
1. The property to be the subject of this Agreement shall be that property
described by metes and bounds and map attached hereto as Exhibit "A" and made a part
hereof and shall be hereinafter referred to as 'Premises."
2. The Owner shall immediately commence construction of a certain
approximately 50,000 square foot building located on the premises. The total cost of
GNRMv1MGREEMENTSVzEr4wsT"
construction is estimated to be not less than One Million Two Hundred Thousand Dollars
($1,200,000).
3. The Owner agrees and covenants that it will diligently and faithfully, in a good
and workmanlike manner, pursue the completion of said improvements of the Premises as
a good and valuable consideration of this Agreement. Owner further covenants and
agrees that all construction will be in accordance with applicable City codes, ordinances
and policies. In further consideration, Owner shall thereafter, during the five (5) year term
of this Agreement, use its good faith efforts to continuously operate and maintain the
Premises as a manufacturing facility.
4. In the event that (1) the improvements or facility for which an abatement has
been granted are not completed at a cost of at least $1,200,000, excluding land costs or
(2) Owner allows its ad valorem taxes owed the City to become delinquent and fails to
timely and properly follow the legal procedures for protest and/or contest of any such ad
valorem taxes or (3) Owner breaches any of the terms and conditions of this Agreement,
then this Agreement shall be subject to termination and all delinquent taxes and taxes
which otherwise would have been paid to the City without the benefit of abatement will
become a debt to the City and shall be due, owing and paid to the City within sixty (60)
days of any such event. In the event that the Owner defaults in the terms and conditions
of this Agreement, then the City shall give the Owner written notice of such default and if
the Owner has not cured such default within thirty (30) days of said written notice, this
- 2 - G:VRMWNcaEEmExrsWjNvEsraca
Agreement may be terminated by the City. If the default is of such a nature that it cannot
reasonably be cured or remedied within a thirty (30) day period and owner fails to use its
best efforts to commence to cure the same during the thirty (30) day period, this
Agreement may be terminated by the City. Notice shall be in writing and shall be delivered
by personal delivery or certified mail addressed as follows:
WLK Limited Partnership
Baker McMillen Co.
3688 Wyoga Lake Road
Stow, OH 44224
Contact: Bill Kimmerle
Tony Silvidi
5. The Owner agrees to limit the uses of the premises consistent with the
general purpose of encouraging development or redevelopment during the term of this
Agreement.
6. Annually on the anniversary date of this Agreement, Owner shall certify in
writing to City that Owner is in compliance with all terms of this Agreement.
7. The terms and conditions of this Agreement are binding upon the successors
and assigns of all parties hereto. This Agreement cannot be assigned by Owner unless
written permission is first granted by the City, which permission shall be in the sole
discretion of the City.
8. It is understood and agreed between the parties that the Owner, in
performing its obligations hereunder, is acting independently, and the City assumes no
- 3 - G:VVAWUGaEeMENTs% sr.AGR
responsibilities or liabilities in connection therewith to third parties. The Owner further
agrees to indemnify and hold the City, its officers, agents and employees harmless from
any and all kinds of claims, losses, damages, injuries, suits or judgments involving the City
and relating to such improvements, even should suits allege negligent or intentional acts
on the part of City, its officers, agents or employees.
9. The Owner further agrees that the City, their agents and employees, shall
have reasonable right of access to the Premises to inspect the improvements in order to
insure that the improvements are made according to conditions of this Agreement. After
completion of the improvements, the City shall have the continuing right to inspect the
Premises to insure that the Premises are thereafter maintained and operated in
accordance with this Agreement. City's entries will not unreasonably interrupt any of
Owner's business on the premises. Owner will not incur any liability because of City's entry
on the premises.
10. Subject to complete compliance with the terms and conditions of this
Agreement and subject to the rights of holders of any outstanding bonds of the City, all
increases in ad valorem real property taxes resulting from the development and
improvement of the Premises, otherwise owed to the City, are hereby abated thirty percent
(30%) for a period of five (5) years beginning the year after construction is completed as
determined by City.
- 4 - G:v*AMAG4tEM1ENTMRMNvEsr.ACR
11. This Agreement was authorized by resolution of the City Council at its council
meeting on the day of , 2001, authorizing the City
Manager to execute the Agreement on behalf of the City.
12. This Agreement was authorized by Board Minutes of the Board of Directors
of Baker McMillen Company on the day of ,
13. This shall constitute a valid and binding agreement between the City and
Owner when executed on behalf of said parties, for the abatement of City taxes in
accordance therewith, regardless of whether any other taxing unit executes this
Agreement.
The Agreement is performable in Jefferson County, Texas, witness our hands this
. day of , 2001.
ATTEST:
City Clerk
CITY OF BEAUMONT
By:
Stephen J. Bonczek
City Manager
5 GARL W1AGREEMENTMEINVESTJIGR
ATTEST:
ATTEST:
BAKER McMILLEN COMPANY
By:
President
WLK LIMITED PARTNERSHIP
By:
General Partner
-6- GWAVAkGREEMENTSWEINVEST.AGR
5
March 20, 2001
Consider approving an amendment to Section 2-27 of the Code of Ordinances relating to
responsibilities of the Fire Department
City of Beaumont
M OL Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Michel G. Bertrand, Fire Chief
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 8, 2001
REQUESTED ACTION: Council approval of an amendment to the Code of
Ordinances, Chapter 2, Article 2, Section 2-27. Fire department; established; chief, functions,
to remove the sentence that reads, "The fire department is also responsible for the civil defense
and emergency medical services functions of the city."
RECOMMENDATION:
Council consideration to amend the Code of Ordinances, Chapter 2, Article 2, Section 2-27. Fire
department; established; chief, functions, by removing the sentence that reads, "The fire
department is also responsible for the civil defense and emergency medical services functions of
the city. "
BACKGROUND:
The Legislature of the State of Texas enacted the Texas Disaster Act of 1975, Chapter 418 et seq.
of Texas Government Codes which in part clarified and strengthened the roles of local governments
in the prevention of; preparation for, response to, and recovery from disasters. It also provided a
comprehensive emergency management system for Texas , thus making the term "Civil Defense"
obsolete, being replaced by the overall emergency management system. Additionally, the Mayor, as
Director of Emergency Management functions of the City has ultimate responsibility for the
Emergency Management Program.
In 1996, the Beaumont Emergency Medical Services (GEMS) division was placed under the control
of the Public Health Department. BEMS is a "third city service" responsible for providing the
Advanced Life Support (ALS) functions of the City. The Fire Department also provides First
Responder emergency medical services, primarily Basic Life Support (BLS). These "emergency
medical services" are shared responsibilities and do not fall solely under the fire department.
BUDGETARY IMPACT:
None
PREVIOUS ACTION:
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Fire Chief and Public Health Director.
RECOMMENDED MOTION:
Approve/deny an amendment to the Code of Ordinances, Chapter 2, Article 2, Section 2-27. Fire
department; established; chief, functions, to remove the sentence that reads, "The fire department
is also responsible for the civil defense and emergency medical services functions of the city."
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II,
SECTION 2-27, OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT TO REMOVE THE FIRE DEPARTMENT'S
RESPONSIBILITY FOR THE CIVIL DEFENSE AND EMERGENCY
MEDICAL SERVICES FUNCTIONS OF THE CITY; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 2, Article II, Section 2-27, of the Code of Ordinances of the City of
Beaumont to remove the Fire Department's responsibility for the Civil Defense and
Emergency Medical Services functions of the City and the same is hereby amended to
read as follows:
Sec. 2-27. Fire department; established; chief, functions.
There is hereby established the fire department, the director of which shall
be the fire chief. The fire department shall be responsible for the sole
command of fires and all persons within the vicinity of fires; for taking proper
measures to extinguish fires; for the protection of property from fires; for the
preservation of order and observance of laws, ordinances and regulations
relating to fires and the prevention of same; and the inspection of oil and gas
installations. The fire department shall perform such other duties and
functions as may be delegated to it from time to time by the fire chief or the
city manager.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2001.
- Mayor -
G:%CGWRDWANCVkWND1Chpl 2. Article 1. S 2-27
Ell,
March 20, 2001
Consider adoption of an ordinance amending General Election Ordinance No. 01-006 to
provide for a ballot proposition authorizing the sale of 4.07 acres of property located at
Central Park
V~
City of Beaumont
� .�IK Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 1, 2001
REQUESTED ACTION: Council consider adoption of an ordinance amending General
Election Ordinance No. 01-006 to provide for a ballot proposition
authorizing the sale of 4.07 acres of Central Park property.
RECOMMENDATION
Administration recommends adoption of an ordinance amending the City's General Election
Ordinance to provide for a ballot proposition authorizing the sale of approximately 4.07 acres of
property located at Central Park.
BACKGROUND
The City received written correspondence from representatives of Baptist Hospitals of Southeast
Texas (Baptist) expressing interest in the purchase of a portion of Central Park property, located at
640 Fourth Street. The desired portion is a 200 -foot wide strip of land bordering the western
boundary of the park. It is bordered on the north and south ends by Fannin Street and land occupied
by the Texas National Guard, extending approximately 887.03 feet. Total acreage is approximately
4.07.
Baptist intends to use the land for a proposed $53M renovation and addition project to the hospital
campus located adjacent to the park's western boundary. The property is needed for expansion, to
provide a heliport, and additional parking. According to hospital representatives, construction could
begin this summer.
The park currently consists of 13.90 acres of land. Property for the park was acquired by the City
in 1918. Many tenured residents of Beaumont remember with fondness the original 100 plus acre
park. Since its acquisition, many parcels have been sold from the original park site or removed for
other improvements. During 1972, a 32 -acre tract was sold to Medical Center Development, Ltd.
Sale of Land - Central Park
March 1, 2001
Page 2
for $1,181,393 to construct the Memorial Herman Baptist Hospital campus.
State statutes prohibit the sale of park property by a municipality unless the issue of the sale is
submitted to the qualified voters at an election and is approved by a majority of the votes received.
State statutes also require the property to be conveyed through a competitive bid process. If approval
to convey the property is obtained from the voters, competitive bids will be received from the
general public and the property sold to the highest successful bidder. Baptist has been informed that
the sale is not negotiable, and that a sealed bid process or public auction is required.
The sale of the property was considered by the Parks and Recreation Advisory Committee at their
February 16, 2001 meeting. Committee members present voted four (4) votes for and two (2) votes
against recommending that the sale of the park property be placed on the ballot at the next general
election. They also voted to recommend the following: 1) that the City accept no less than $600,000
for the 4 -acre tract (an appraisal has been received indicated the value to be $3 per square foot or
$532,000; 2) that all proceeds received from the sale be used for park improvements only; and 3) that
a new park is placed within a one mile radius of Central Park, preferably in the area of the Avenues
Neighborhood Association.
BUDGETARY IMPACT
The City received an appraisal of the 4.07 acre tract of park property during the month of February.
The property appraised for $3 per square foot for a total value of $532,000.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
If approved by the voters, City Council will be required to approve the sale of the property.
RECOMMENDED BY
City Manager, Parks and Recreation Advisory Committee and Parks and Recreation Director.
RECOMMENDED ACTION
Approve/Deny adoption of an ordinance amending General Election Ordinance No. 01-006 to
provide for a ballot proposition authorizing the sale of 4.07 acres of Central Park property.
PROPOSED SALE
OF
CENTRAL PARK
PROPERTY
LEGEND
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March 20, 2001
Consider authorizing the City Manager to execute a Development and Lease
Agreement with Jeff Hughes for the Tyrrell Park Horse Stables
V~
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City of Beaumont
NW_
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: February 27, 2001
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
Development and Lease Agreement with Jeff Hughes for the Tyrrell
Park Horse Stables.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute an eight (8) year agreement,
with an option to renew for an additional five (5) years, with Jeff Hughes for the renovation and
lease of property referred to as the Tyrrell Park Horse Stables.
BACKGROUND
On March 27, 2000, proposals were received for the operation of the riding stables at Tyrrell
Park. The riding stables include the horse stables, office area, riding arena, pasture, caretaker's
house and riding trails. Seven (7) individuals requested bid packets and three (3) attended the pre-
bid conference. One (1) proposal was received from Mr. Jeff Hughes.
The proposal allowed the City to negotiate with the successful proponent to reach a satisfactory
agreement for the lease of the stables. City staff has been negotiating with Mr. Hughes since the
bids were received and have reached an agreement for consideration.
At a work session held on February 20, 2001, City Council was presented the proposed agreement
with Mr. Hughes for equestrian operations at the stables and his commitment to the stables'
improvements. The agreement, as presented in its substantial form, provides for the renovation
and lease of the stable property for an eight (8) year primary term, with an option to renew for
Tyrrell Park Horse Stables
March 6, 2001
Page 2
an additional five (5) years. During the primary term, rental fees are waived. In lieu of rental
payments, Mr. Hughes agrees to make $72,000 in improvements to the caretaker's house and
stable facility. An additional $103,000 is required from the City to complete the renovations.
The City will also provide offender crews to assist in the property clean up and demolition of
stable doors.
According to the agreement, Mr. Hughes will secure quality contractors to complete the agreed
upon improvements to the facility. All improvements and construction contracts must be approved
by the City prior to commencement, and all contracts must be secured according to City bidding
requirements. He is required to pay the fust $72,000 of construction costs prior to receiving any
City funding. Upon approval of completed work and proof of payment, Mr. Hughes will be
reimbursed by the City for contracted improvements not to exceed $103,000. If improvements
exceed the City's committed funding, Mr. Hughes and the City will share the additional costs
equally.
The total estimated cost to renovate the Tyrrell Park facility is $175,000. This includes
remodeling of the caretaker's house and horse stable facility. Upon completion, the horse stable
facility will provide an office area, living quarters for a resident horseman and ADA accessible
public restroom. Mr. Hughes plans to live in the caretaker's house so he can supervise the
operations with minimal absenteeism. Mr. Hughes' presence on the grounds at night should assist
the City by deterring vandalism and destruction of park property.
Mr. Hughes will operate the facility as an equestrian oriented day camp and horse rental
operation. The facility has been vacant since May 1999 when the previous contractor defaulted
on his agreement with the City. Due to the deteriorated condition of the facility and its intended
use, improvements are mandatory prior to allowing public access. By the City partnering with
Mr. Hughes, the stable facility may be returned to its original operating condition. It will also
provide citizens of this community with equestrian recreational opportunities at the park which
have not been available since the 1999 closing.
BUDGETARY E%IPACT
Mr. Hughes will spend the first $72,000 in construction costs on the project in lieu of rental
payments for the primary eight (8) year term. The City is to commit $103,000 toward the
completion of the project. Funds for the City's commitment are available in the General
Improvements Fund.
PREVIOUS ACTION
A work session was held on February 20, 2001 to present the proposed plan and agreement with
Mr. Hughes.
Tyrrell Park Horse Stables
March 6, 2001
Page 3
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Parks and Recreation Director and Central Services Director.
RECOMMENDED ACTION
Approve/Deny authorizing the City Manager to execute a Development and Lease Agreement with
Jeff Hughes for the Tyrrell Park Horse Stables.
E
NT. TE%AS
Cenh1l $erviccs Departmnl
INTER -OFFICE MEMORANDUM
City of Beaumont, Texas
Date: March 1, 2001
To: Stephen J. Bonczek, City Manager
From: Kirby Richard, Central Services Director
�D
Subject: Tyrrell Park Horse Stables 11
COMNI ENTS
During the February 20, 2001 -work session, City Council expressed their concern about the following issues.
These issues pertain to the proposed Development and Lease Agreement with Mr. Jeff Hughes for operations at
the Tyrrell Park Horse Stables. The issues and staff comments are as follows:
• Operating hours for the Horse Stables are not included in the agreement.
Specific operating hours are not included in the agreement in order to give the operator some flexibility to
provide adequate hours without the burden of unnecessary expenses. However, paragraph 4.6 provides
for the City Manager to approve the rules and regulations for horse rental and stable operations, including
operating times and fee schedules.
• Is there a payment obligation by the Tenant if the contract is terminated?
Upon termination by either party, Article 6 provides that all improvements made by Tenant become the
property of the City. The first $72,000 of improvements will be paid directly to the contractors by
Tenant. Construction contracts for improvements are between the Tenant and the successful contractor.
Paragraph 7.3 reiterates that upon termination of the agreement, all improvements become City property.
• Proposed allocation of estimated renovation costs.
Caretaker's House - $75,000
Horse Stables - $100,000
• What is the funding source if construction costs exceed the $175,000 estimate?
Paragraph 7.1.3 provides that should additional monies be required to complete the improvements, after
Tenant and City's funds have been expended, future costs will be shared on an equal basis (50%-50%).
Also, paragraph 7. 1.1 states that Tenant may not enter into a construction agreement without approval of
the City Manager. The scope of work must also be approved by the City and in accordance with the work
specified in our agreement.
Tyrrell Paris Horse Stables
March 1, 20,01
Page 2
• Which r gulatory authority has jurisdiction over horse stable operations?
Paragraph 43 requires Tenant to adhere to standards set by the State of Texas, Occupations Code,
Chapter 2053 for commercial horse operations. Paragraph 4.4 requires Tenant to obtain and maintain a
certific of registration issued by the Texas Department of Health for riding stables. Paragraph 4.12
requires Tenant to obtain and maintain a license issued by the Texas Department of Health, Health and
Safety Code, Chapter 141, for the operation of youth camps. Finally, paragraph 4.18 was added to the
agreernmt to require Tenant to adhere to North American Horsemen's Association's (NAHA) risk
reductim program standards related to horse stables operations and horse related camps.
• Upon default or termination of the agreement, must Tenant vacate premises.
Paragraph 6.1.2 allows the City the right of reentry and to remove all persons and personal property from
the presrises and store such property at the expense of the Tenant. All improvements by Tenant become
the property of the City.
• Are theme restrictions to occupancy of the caretaker's house?
Paragra;h 8.10 was added to the agreement to provide occupancy of the caretaker's house by Tenant
only. Only ,%ith approval from the City Manager, may occupancy of this facility be assigned to others.
Also, the contract may not be assigned nor the corporation sold to another party without the approval of
the City Manager.
Also, attached is the business plan for equestrian operations at Tyrrell Park from Mr. Hughes, as requested by
City Council.
If additional infannation is required, please call.
Jeff D. Hughes
7425 Colonial Drive
Beaumont, Texas 77707
(409) 840-5450
The City Of Beaumont
Jeff D. Hughes
Appendix (D) To Bid #KFO 200-04
Information Requsted By Dr. Lulu Smith, Council Member
Ward 1.
As requested by council member Dr. Lulu Smith, I out-
line my proposal for the operation of The Tyrrell Park
Stables. I include for your consideration: (1) A working bud-
get, covering the period - May 15, 2001 through August 15,
2002; (2) A description of the day to day operation of the
Stables Facility; (3) An outline of the proposed horse -oriented
day camp at the Tyrrell Park Stables.
When granted the contract to operate Tyrrell Stables, I
guarantee that the citizens of the community will once again
have a first class riding facility. The horse -oriented day
camp program will give youngsters a camping experience
that, in their memories, will last for a lifetime.
I, About The Day - To - Day Operation of The Stables:
A. Weather permitting, Tyrrell Stables will be open to the public 12 months a
year; Five days a week.. Reservations and, or the availability of horses
will be required.
B. A certified Wrangler, employed by me, must accompany all groups on trail
rides to ensure the safety of the riders and horses.
C. Individual and group riding, lessons will be offered - reservations will be
required.
D. Rental Groups will be Welcomed - reservations required. Must be
accompanied by a stable wrangler.
E. Quality livestock will be stabled at Tyrrell Park year - Round: 16 - 18
Horses during the summer and Holiday periods. Horses will always be
available with advanced reservations.
F. The Stable will adhere to the Operations Code - Chapter 2 of 3; as outlined
by the Texas Board of Health concerning "an establishment open to the
public that maintain, require animals available for hire for recreational
riding...."
G. And the stable will adhere to the Health & Safety Code - Chapter 141.
"The Texas Youth Camp and Safety And Health Act."
H. The International Group Representing The North American Horseman
Association (NAHA) have agreed to provide their ark liability insurance.
II.
About The Day Camp Program at Tyrrell Park:
A. The Camp staff will be carefully selected based on their skills, maturity,
love and devotion to children and Christian character. Staff to camper ratio
will meet the American Camping Association Standard of one to eight
campers.
B. The day camp will have a horse - oriented theme yet a wide range of
activities will be offered: Camp Cratt - Archery - Handicrafts - Team
Sports - JFF (Just For Fun) - Scavenger Hunts - Cook -Outs - Fishing -
Singing Camp Songs - and much more!!!
C. A Typical Camp Day
9:00 All Campers at the stables - flag raising ceremony
9:15 - 10:15 151 activity period
10:15 - 11:15 2°d activity period
11:15 - 12:15 3r1 activity period
12:30 - 1;30 Lunch/rest period - Camp Songs Etc.
1:30 - 2:30 4th activity period
2:30 - 3:30 5th activity period
3:30 - 4:00 Snack
4:00 End of Camp Day
* Note: Friday will be a Special Day - Parents are invited to join their campers
for a cook - out and enjoy the award ceremony.
About The Proposed Operating Budget
I enclose for your review a working budget for the period covering May 15, 2001
- August 15, 2002. (Please Note: the cost of the insurance coverage, as required
by the city is not yet available; thus not included in the proposed budget)
Tyrrell Park Horse Stables
Proposed Budget
May 1, 2001 - August 31, 2002
INCOME
1. WRANGLER SUPERVISED TRAIL RIDES:
1500 RIDERS @ $20.00
2. RIDING LESSONS: 100 @ $125.00
3. RENTAL GROUPS: 20@ $500.00
', 1 111 11
$12,500.00
4. TYRRELL STABLE SUMMER DAY CAMP - 2001 - 2002 (22 WEEKS)
72 CAMPERS PER SESSION = 1584 CAMPERS @ $95.00 $150,400.00
5. SPECIAL DAY CAMP SESSIONS - SPRING BREAK AND CHRISTMAS
100 CAMPERS @$95.00 $9,500.00
6. ANNUAL HORSE SHOWS
$2,500.00
7. TYRELL STABLE STORE - TEE SHIRTS - HATS - SOFT DRINKS ETC.
$7,500.00
TOTAL
1
$222,400.00
EXPENSES
1. PAYMENT TO THE CITY OF BEAUMONT, FOR IMPROVEMENTS TO
THE STABLE FACILITY, IN LIEU OF RENTAL PAYMENTS FOR
TERM OF THE LEASE. $72,000.00
2. STABLING AND CARE OF HORSES - FEED, VET, ETC.
TOTAL $193,400.00
$28,800.00
3.
PURCHASE OR LEASE OF SIX ADDITIONAL HORSES AND TACK
@$1,200.00.
$7,200.00
4.
$1,000,000 GENERAL LIABILITY INSURANCE (NORTH AMERICAN
HORSEMAN ASSOCIATION)
5.
ADDITIONAL FIRE AND EXTENDED COVERAGE INSURANCE ON BUILDINGS
6.
UTILITIES @$600.00 PER MONTH
$9,600.00
7.
DAY CAMP STAFF
$35,200.00
8.
HEAD WRANGLER
$18,000.00
9.
ASSISTANT WRANGLER
$9,600.00
10.
SOCIAL SECURITY ETC.
$3,000.00
11.
DAY CAMP ACTIVITY SUPPLIES:
ARCHERY
TEAM SPORTS - SOCCER - SOFTBALL - VOLLEYBALL - ETC.
CAMP CRAFT
HANDICRAFTS
JFF (NST FOR FUN)
GOLF
$10,000.00
TOTAL
$221,400.00
LEASE AGREEMENT CITY OF BEAUMONT
$72,000.00
TOTAL $193,400.00
March 20, 2001
Consider approving a contract between the City of Beaumont and the Southeast
Texas Community Development Corporation
City of Beaumont
:LCouncil Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Richard Chappell, Housing Coordinator
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 7, 2001
REQUESTED ACTION:
Council approval of the contract between the City of Beaumont and the Southeast Texas
Community Development Corporation.
RECOVEWENDATION
Administration recommends that Council authorize the City Manager to execute the contract in
the amount of $18,877.
BACKGROUND
The City of Beaumont has a contractual relationship with the Southeast Texas Community
Development Corporation, Inc. (SETCDC) to provide home buyers' assistance for newly
constructed homes in targeted neighborhoods. The SETCDC is requesting a $18,877 contract
which will provide home buyers' counseling to eligible families who purchase new and existing
homes. ($5,082). The SETCDC is also requesting assistance to pay for its 2000 audit fees
($13,795). The City of Port Arthur will contribute $11,000 to the audit fees which total $24,795.
BUDGETARY IMPACT
These funds were previously budgeted from the 1998 CDBG Program. There is no additional
budgetary impact.
PREVIOUS ACTION
The City has had contracts for home buyers' assistance in previous years. The SETCDC has
assisted first time home buyers with the purchase of forty-three (43) newly constructed homes in
neighborhoods targeted for revitalization. The SETCDC is presently under contract to construct
up to two (2) homes.
Council Agenda Item
Page 2
March 7, 2001
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Executive Assistant to the City Manager/Economic Development Director,
Planning Manager, Housing Coordinator and Grants Administrator.
RECON (MENDED MOTION
Approve/Deny the contract with Southeast Texas Community Development Corporation, Inc in the
amount of $18,877 to provide home buyers' counseling and to pay audit fees for the 2000 audit.
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has received a Community Development Block Grant
(CDBG) from the United States Department of Housing and Urban Development ( CDBG No. B -98 -
MC -48-0003);
WHEREAS, pursuant to the authority of Resolution No. , passed by the Beaumont
City Council on , the Southeast Texas Community Development Corporation, Inc.
(SETCDC), an authorized Community Housing Development Organization (CHDO), will enter into
a contract with the City for CDBG funds totaling EIGHTEEN THOUSAND EIGHT HUNDRED
AND SEVENTY-SEVEN DOLLARS AND NO/100 ($18,877.00);
WHEREAS, the SETCDC provides various services to low-income and moderate -income
families of the City of Beaumont, Jefferson County, Texas that enable such families to obtain a
suitable place to reside;
WHEREAS, the City of Beaumont and the SETCDC desire to enter into a contract and
agreement whereby the City of Beaumont will furnish said federal CDBG grant funds to the
SETCDC for the purpose of providing home buyers' counseling to eligible families who will purchase
new and existing homes in neighborhoods targeted for revitalization. Funds are also provided to pay
the audit fee for the 2000 audit.
1
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the mutual covenant, promises, and agreements contained
therein, the City of Beaumont, hereinafter referred to as "City", acting by and through Stephen J.
Bonczek, its duly authorized City Manager, and the Southeast Texas Community Development
Corporation, Inc., hereinafter referred to as "Grantee", acting by and through Albert Price, its duly
authorized President, do hereby covenant and agree as follows:
1.
Grantee, located at 1190 Grand Street, shall use the Federal 1998 CDBG grant funds, herein
provided, to provide home buyers' counseling to eligible families who will purchase new and existing
homes in neighborhoods targeted for revitalization ($5,082). Funds will also be used to pay the
audit fee for the 2000 audit ($13,795). Grantee covenants and agrees to expend federal grant funds
in accordance with 24 -CFR Part 92 (as now in effect and as may be amended from time to time),
which is incorporated by reference and constitutes part of the agreement. It is expressly understood
and agreed by Grantee that this contract and the procurement authorized and provided for hereunder
have as their purpose or goal to provide decent, safe and sanitary housing units to low income
persons. Grantee agrees to do all things necessary under this contract to complete the program set
out in "Exhibit A" attached hereto.
2
'►1
It is understood and agreed that in no event shall the total distribution of federal grant funds,
made to or in behalf of the Grantee pursuant to this agreement, exceed the total sum of EIGHTEEN
THOUSAND EIGHT HUNDRED SEVENTY-SEVEN AND N0/100 DOLLARS ($18,877);
3.
Funds to be available through the City's draw process on or after the effective date of this
contract. Grantee agrees and understands that this contract shall terminate on July 31, 2001.
Payment shall be made by the U. S. Treasury, who will disburse 1998 CDBG funds (wire transfer)
through Cash Management Information System (CM/I) directly to the City, who will make payments
upon receipt of invoices from Grantee certifying that all requirements have been met. The Grantee
understands that all grant monies awarded may be terminated for cause or convenience. Grantee
further agrees that any grant funds remaining after this agreement expires will revert to the City of
Beaumont.
4.
Grantee understands and agrees that should Grantee become defunct or insolvent, any and
all grant funds on hand and any accounts receivable attributable to the use of grant funds shall transfer
to the City of Beaumont.
Grantee understands and agrees that should Grantee become defunct or insolvent any program
income, real properties, equipment, supplies and any assets acquired as a result of grant funds shall
transfer to the City of Beaumont.
3
5.
It is expressly understocd and agreed by and between the City and Grantee that this
agreement is wholly conditioned i:-jon the actual availability of federal grant funds under the United
States Department of Housing and Urban Development (CDBG Program No. B -98 -NIC -48-0003)
and that all monies distributed to or in behalf of Grantee hereunder shall be exclusively from federal
monies received under said CDBG Program, and not from any other monies of the City.
R1
Grantee agrees to keep accurate records to document its adherence to applicable federal
regulations and all "other feda-al requirements", along with documentation and records of all
expenditures of said CDBG Program funds. Grantee further understands and agrees to comply with
the applicable requirements an -4 standards of OMB Circular A-110 (Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments), said
provisions being incorporated 1xrein by reference. The Grantee also understands and agrees to
adhere to the City's procurement process. The City shall reserve the right to investigate, examine and
audit, at any time, any and all sLch records relating to the operations or expenditures of Grantee
under this agreement.
7.
Grantee covenants and agees to fully cooperate with the City in monitoring the effectiveness
of the expenditure of grant funds wd the City shall have access at all reasonable times to the offices,
premises and records of Grantee in regard to the administration of this contract.
4
A
Grantee shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of the City Grantee shall have exclusive control of the program and all persons
involved in same subject only to the terms of this agreement and shall be solely responsible for the
acts and omissions of its officers, members, agents, servants, employees, subcontractors, program
participants, licensees and invitees. It is expressly understood and agreed that, other than those
people who receive wages on a regular basis from Grantor, that no officer, member, agent, servant,
employee, subcontractor, licensee, invitee of Grantee nor any program participant hereunder is in the
paid service of the City. It is also expressly understood and agreed that Grantor will provide technical
assistance to Grantee in the furtherance of its program.
a
Grantee hereby covenants and agrees, in consideration for the funds herein to provide home
buyers' counseling to eligible families who will purchase new and existing homes in neighborhoods
targeted for revitalization in the City of Beaumont, Jefferson County, Texas.
10.
No officer, employee or member of Grantee or Grantee's subcontractors shall have a financial
interest, direct or indirect, in this contract or the monies transferred hereunder, or be financially
interested, directly or indirectly, in any contract relating to the operations conducted by it, nor in any
contract for furnishing services or supplies to Grantee. Any willful violation of this paragraph with
the knowledge, expressed or implied, of Grantee or its subcontractors, shall render this contract
voidable by the City of Beaumont.
4.1
11.
No grants shall be made by Grantee to its directors or officers, either directly or indirectly,
through family members, business partners or employees. Grantee agrees that no CDBG funds shall
be used, either directly or indirectly, for religious purposes. Any willful or «olation of this paragraph
with the knowledge, expressed or implied, of Grantee shall render this contract voidable by the City
of Beaumont.
12.
Grantee covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all Federal, State and local laws,
including all ordinances, rules and regulations of the City of Beaumont, as amended. Grantee further
covenants and agrees that it will fully comply with the terms and conditions of the CDBG Program
under which these funds are granted.
13.
The provisions of this agreement are severable and if for any reason a clause, sentence,
paragraph, or other part of this agreement shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity
shall not affect the other provisions which can be given effect with the invalid provision.
14.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on any
future occasion.
A
15.
This written instrument and attachments constitute the entire agreement by the parties hereto
concerning the matter performed hereunder and any prior or contemporaneous, oral or written
agreement which purports to vary from the terms hereof shall be void.
16.
Grantee covenants and agrees to hold harmless the City and its officers agents, servants and
employees, from and against any and all claims or suits for property loss or damage and/or personal
injury, including death to any and all persons, or whatever kind of character whether real or asserted,
arising out of or in connection with the execution, performance, attempted performance or non-
performance of this contract and agreement and/or the operations, activities and services of the
program described herein, whether or not caused, in whole or in part, by alleged negligence of
officers, agents, servants, employees, contractors, or sub -contractors of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Beaumont,
Jefferson County, Texas, this day of
THE CITY OF BEAL`MONT
By: Stephen J. Bonczek
City Manager
THE SOUTHEAST TEXAS COMMUNITY
DEVELOPMENT CORPORATION, INC.
By: Albert Price
President
7
ATTEST:
Barbara Liming
City Clerk
ATTEST:
Matthew Hopkins
Director of Housing
A.D., 200L
"EXHIBIT A"
PROGRAM BUDGET
Homebuyers' counseling to eligible families who will
purchase new and existing homes in neighborhoods
targeted for revitalization. $ 5,082
Audit fees 13-795
TOTAL PROGRAM BUDGET $ 18,877
PROJECT SCHEDULE
Home buyer Counseling completed by July 31, 2001.
2. 1999 Audit completed by May 31, 2001.
E
SOUTHEAST TEXAS COMMUNITY DEVELOPMENT CORPORATION, INC.
Enhancing the Community through People, Health, Education, Economic Development, Housing, Safe Environment, Criminal Justice, jobs and Employment
P.O. Box 1789
February 23, 2001
Mr. Stephen Bonczek
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
Dear Mr. Bonczek:
Beaumont, Texas 77704
(409) 835-7527
This letter is in reference to Resolution No. 00-59, in the amount of $50,000.00, dated March 7, 2000,
between the City of Beaumont and the Southeast Texas Community Development Corporation, Inc.
Our records show a balance of $18,877.88 and that all funds have not been expended Because of this,
the Southeast Texas Community Development Corporation, Inc. would like to request an extension to commit
all funds by July 30, 2001.
Attached is a revised budget.
We respectfully request your approval.
Sincerely,
641j,--
Albert J. Price, Sr.
President
Attachment
cc: Richard Chappell
Agreed and Accepted:
Stephen J. Bonczek
City Manager
Date
SOUniFASr TEXAS COMMUNM DEVELOPMENT CORPORATION, INC. is an independent, nonpar issan, tax-exempt, non-profit corporation.
BEAUMONT PORT ARTHUR ORANGE OTHIE tR SOUMEASr TExAS COMMUNME5
REVISED: 2123/01
SOUTHEAST TEXAS CDC, INC.
Resolution #: 00-59
Home Buyer Education Program
Revised Budget
Employ Full-time Counselor $4075.40
a. Salary 1500.00
b. FICA 137.70
C. Med 300.00
2037.70/mo
Home Buyer Education, Consumer Education, and 1007.48
Post Purchase Counseling Seminars
a. Offices Supplies -credit reports,
materials, equipment, coping service, etc.
Audit Fee 13.795.00
Total $18,877.88
�ayfe W Botfey & associates
Certified Pu6fic Accountants 11(ember of AICA `Sur Tor - gTour Financia(Growth °
February 20, 2001
To the Board of Directors
Southeast Texas Community
Development Corporation, Inc.
We are pleased to confirm our understanding of the services we are to provide for Southeast Texas
Community Development Corporation, Inc. (SETCDC) for the year ended December 31, 2000. We
will audit the statement of financial position of SETCDC as of December - 1, '000 and the related
statements of activities and cash flows for the year ended December 31, 200).
Our audit will be a single audit conducted in accordance with generally accepted auditing standards;
the standards for financial audits contained in Government Auditing St--ndards, issued by the
Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the
provisions of OMB Circular A-133, Audits of States, Local Governmen_.s, and Non -Profit
Organizations, and will include tests of the accounting records of SETCDC and other procedures
we consider necessary to enable us to express an unqualified opinion that he financial statements
are fairly presented, in all material respects, in conformity with genera.L'y accepted accounting
principles and to report on the Schedule of Expenditures of Federal Awa -ds and on SETCDC's
compliance with laws and regulations and its internal controls as required for a single audit. If our
opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any
reason, we are unable to complete the single audit engagement, we will not issue a report as a result
of this engagement.
The management of SETCDC is responsible for establishing and maintaining internal control. In
fulfilling this responsibility, estimates and judgments by management are required to assess the
expected benefits and related costs of the controls. The objectives of internal control are to provide
management with reasonable, but not absolute, assurance that assets are safeguarded against loss
from unauthorized use or disposition, that transactions are executed in accordance with
management's authorizations and recorded properly to permit the preparation of financial
statements in accordance with generally accepted accounting principles, and that federal awards
programs are managed in compliance with applicable law and regulations and provisions of
contracts and grant agreements.
In planning and performing our audit for the year ended December 31, 2000, K -e will consider the
internal control in order to determine our auditing procedures for the purpose of expressing our
opinions on SETCDC's financial statements and on its compliance with requirements applicable to
major programs and to report on the internal control in accordance with OMB Circular A-133, and
not to provide assurance on the internal control.
Mcne Tower
4749 Twin City MttSp Suite 280
Port Arthur, T( 77642
a6ot!eurca.rct
(409) 962-1040
fax (409) 962-0668
(800) 416-8757
Engagement Letter
Southeast Texas Comruni:y Development Corporation, Inc. Page 2
We will obtain an und.:rst -:ding of the design of the relevant contro' and whether they have been
placed in operation, and wz� will assess control risk. Tests of control= may be performed to test the
effectiveness of certai- co-trols that we consider relevant to preve-ing and detecting errors and
fraud that are materia.' to -he financial statements and to preventinc and detecting misstatements
resulting from illegal arts and other noncompliance matters that have : direct and material effect on
the financial statemen*_:-. Our tests, if performed, will be less in sco-,e than would be necessary to
render an opinion on t1e internal control and, accordingly, no opinion will be expressed.
We will perform tests cf controls, as required by OMB Circular A-13-. to evaluate the effectiveness
of the design and oper�tior, of controls that we consider relevant to preventing or detecting material
noncompliance with compliance requirements applicable to each of SETCDC's major federal
awards programs. Our tests will be less in scope than would be nece:sarv_ to render an opinion on
these controls and, acccrdingly, no opinion will be expressed.
We will inform you of any matters involving internal control and its .3peration that we consider to
be reportable conditions under standards established by the America- Institute of Certified Public
Accountants. ReportatIe conditions involve matters coming to our a-ention relating to significant
deficiencies in the desizn or operation of the internal control that, in cur judgment, could adversely
affect the entity's abilir to record, process, summarize, and report finmcial data consistent with the
assertions of management in the financial statements. We will also infDrm you of any nonreportable
conditions or other ma-ers involving internal control, if any, as requirei by OMB Circular A-133.
Compliance with laws, reg-ulations, contracts, and grant agreements mplicable to SETCDC is the
responsibility of SETCDC's management. As part of obtaining reasonable assurance about whether
the financial statement; ar-, free of material misstatement, we will perform tests of SETCDC's
compliance with certzn provisions of laws, regulations, contracts, and grants. However, the
objective of our audit will not be to provide an opinion on overall corm_ fiance with such provisions,
and we will not express such an opinion.
Our audit will be cond;cted in accordance with the standards referrer: to in the second paragraph.
OMB Circular A-133 r�qu;'res that we plan and perform the audit to obtain reasonable assurance
about whether the audhz.e has complied with certain provisions of lams, regulations, contracts, and
grants. Our procedures will consist of the applicable procedures described in the OMB's
compliance supplement. The purpose of our audit will be to express an opinion on SETCDC's
compliance with requirements applicable to major programs.
Our procedures will include tests of documentary evidence supporting the transactions recorded in
the accounts, and may iriclude tests of the physical existence of inventories, and direct confirmation
of receivables and certain other assets and liabilities by correspondence with selected individuals,
creditors, and financial institutions. We will request written representttions from your attorneys as
part of the engagement and they may bill you for responding to this Equity. At the conclusion of
our audit, we will also request certain written representations frcm you about the financial
statements and related matters.
An audit includes exarrning, on a test basis, evidence supporting the amounts and disclosures in the
financial statements; therefore, our audit will involve judgment about the number of transactions to
Engagement Letter
Southeast Texas Cc:nmunity Development Corporation, Inc. Page 3
be examined and -ie areas to be tested. Also, we will plan and perform the audit to obtain
reasonable assuranc-- about whether the financial statements are free of material misstatements. As
required by the Sir Ile audit Act Amendments of 1996, our audit will include tests of transactions
related to federal a•;.ards programs for compliance with applicable laws and regulations. Because of
the concept of reas;nable assurance and because we will not perform a detailed examination of all
transactions, there :s a risk that material errors, fraud, or other illegal acts may exist and not be
detected by us. Ho -•-,-ever, we xvill inform you of any material errors and any fraud that come to our
attention. We will also inform you of any other illegal acts that come to our attention, unless clearly
inconsequential. 1,.'e %vill include such matters in the reports required for a single audit. Our
responsibility as a--ditors is limited to the period covered by our audit and does not extend to
matters that might z-ise during any later periods for which we are not engaged as auditors.
We understand thw you will provide us with the basic information required for our audit and that
you are responsible for the accuracy and completeness of that information. We will advise you
about appropriate a.;counting principles and their application and will assist in the preparation of
your financial statements, but the responsibility for the financial statements remains with you. This
responsibility incluces the establishment and maintenance of adequate records and related controls,
the selection and anplication of accounting principles, and the safeguarding of assets. You are
responsible for adusting the financial statements to correct material misstatements and for
confirming to us in the management representation letter that the effects of any uncorrected
misstatements aggr-zgated by us during the current engagement and pertaining to the latest period
presented are imma_=ria1, both individually and in the aggregate, to the financial statements taken as
a whole. Management is also responsible for identifying and ensuring that the entity complies with
applicable laws and regulations.
We understand tha: your employees will type all confirmations we request and will locate any
invoices or support documentation selected by us for testing.
The workpapers for this engagement are the property of Gayle W. Botley & Associates and
constitute confidential information. However, we may be requested to make certain workpapers
available to various funding agencies providing grants or contracts pursuant to authority given to it
by law or regulation. If requested, access to such workpapers will be provided under the
supervision of Gayle W. Botley & Associates' personnel. Furthermore, upon request, we may
provide photocopies of selected workpapers to various funding agencies providing grants or
contracts. These various funding agencies may intend, or decide to distribute the photocopies or
information contained therein to others, including other governmental agencies.
As part of our engagement, we will also prepare your information tax return (Form 990) for the year
ended December 31, 2000.
We expect to begin our audit as soon as practical upon the signing of this engagement and to issue
our reports prior to May 31, 2001. Due to this engagement taking place during our peak tax season,
we reserve the right to extend the time of this contract if needed. We will notify you not later than
May 1, 2001 if we need to extend this contract.
Engagement Letter
Southeast Texas Community Development Corporation, Inc. Page 4
Our fee for these services is estimated to be $24,795. Payable in accordance with the following
schedule:
Due Date Amount
Signing of Engagement Letter $ 8,265.00
30 days from date of Engagement of Letter 8,265.00
Prior to deliver of Final Reports 8,265.00
$ 24,795.00
Our standard hourly rates vary according to the degree of responsibility involved and the experience
level of the personnel assigned to your audit. In accordance with our firm policies, work may be
suspended if your account becomes 30 days or more overdue and may not be resumed until your
account is paid in full. If we elect to terminate our services for nonpayment, you will be obligated
to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures
through the date of termination. The above fee is based on anticipated cooperation from your
personnel and the assumption that unexpected circumstances or significant changes in the
complexity of your financials will not be encountered during the audit. If significant additional
time is necessary we will discuss it with you and arrive at a new fee estimate before we incur the
additional costs.
Government Auditing Standards - 1994 Revision requires that we pro%ide you with a copy of our
most recent quality control review report. Our 1998 peer review report was submitted to you
previously.
We appreciate the opportunity to be of service to SETCDC and believe this letter accurately
summarizes the significant terms of our engagement. If you have any questions, please let us know.
If you agree with the terms of our engagement as described in this letter, please sign both enclosed
originals and return one to us.
Very truly yours,
_Gdyle W. Botley &-As ociates
RESPONSE:
This letter correctly sets forth the understanding of Southeast Texas Community Development
Corporation, Inc.
Title:
Date:
March 20, 2001
Consider approval of the purchase of a Panini S 1 remittance processor from
Diversified Financial Systems, Inc. for the Cash Management Division
Ing.j
. I City of Beaumont
A- c
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 14, 2001
REQUESTED ACTION: Council approval of the purchase of Parini S 1 remittance processor.
RECOMMENDATION
Administration recommends the purchase of a Panini S1 remittance processor from Diversified
Financial Systems, Inc. of Peroria, Arizona.
BACKGROUND
One bid was received on Monday, February 19, 2001 for furnishing a remittance processor for the
Cash Management Division. Approximately 1,250 to 2,300 receipts are processed on a daily basis.
Payments are received daily for water services, EMS and Landfill services and miscellaneous
receivables. A remittance processor is capable of reading bank routing and customer account
numbers, encoding and endorsing checks and balancing daily transactions.
Currently, processing payments entails sorting checks and payment stubs, running tapes totaling
check amounts and payment stub amounts and manually entering data to update receivable accounts.
Checks are encoded and balanced to transaction amounts totaled by the encoder to amounts manually
totaled.
The Panini S1 model is capable ofprocessing 200 documents per minute, capturing images of checks
and payment stubs, balancing transactions, providing tape register totals and when interfaced with
the City's HTE financial software, updating the transactions to the accounts receivable system.
The Panini SI system includes all hardware and software and imaging equipment to process the
payments received by the Cash Management Division. Included in the price of $121,854.25 is
training, fifteen (15) months of software support and maintenance, hardware, software, and travel
Purchase of the Remittance Processor
March 14, 2001
Page 2
expenses. This price does not include the cost of writing an interface to the HTE financial software
which is $6,400.
The system should benefit the City's collection efforts by enhancing productivity while allowing for
a reduction in staffing services. Current temporary employees and overtime could be eliminated with
the purchase of this equipment. In addition, one cashier's position may be eliminated due to the
reduction of manual data entry. An encoder, which has been in use for the past ten (10) years, is
scheduled for replacement within one to two years. This cost of approximately $10,700 could be
avoided with the purchase of this equipment. The annual net savings including the cost of
annual maintenance contracts is approximately $26,569.
BUDGETARY IMPACT
Funds to purchase the new equipment and software are not allocated in the FY2001 budget but funds
are available in the Capital Reserve Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Finance Director.
RECOMMENDED ACTION
Approve/Deny the award of a bid to purchase one Panini S 1 remittance processor from Diversified
Financial Systems in the amount of $121,854.25.
Im
March 20, 2001
PUBLIC HEARING: Dilapidated Structures
Consider an ordinance declaring certain dilapidated structures to be public
nuisances and ordering their repair or removal by the owners and authorizing the
removal of certain other structures whose owners failed to comply with
condemnation orders
ORDINANCE NO.
ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO
BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION,
RENOVATION AND REMOVAL; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That the City Council of the City of Beaumont hereby finds and declares the
buildings located at:
1.
2985 Amarillo
17.
2380 Pecan (Rear Structure)
2.
840 Devilleneuve
18.
4430 Pershing
3.
3545 Marie
19.
1990 Prairie
4.
1161 Park (Commercial)
20.
2370 Rockwell
S.
110 Adams
21.
3036 Rockwell
6.
2725 Cable (Garage Apartment)
22.
1385 Royal (Garage Apartment)
7.
3095 11th Street (Commercial)
23.
775 Sherman
S.
986 Euclid (Garage Apartment)
24.
728 Stanton
9.
2810 Hamot
25.
2183-85 Tyler (Duplex)
10.
2812 Hamot
26.
2195 Tyler
11.
3805-09 Highland (Commercian
27.
2380 Wilson
12.
1800-08 Irving (Commercial)
28.
4665 Bessemer
13.
3350 Lampassas
29.
439 Crockett (Commercial)
14.
1852 Lela
30.
3240 Lampassas
15.
1255 Maple
31.
1247 Long
16.
2480 Monroe (Shed)
32.
1260 Orange
to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code
of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or
N3 E&Ei... • .. �K-.;r is
11 7Lj1j City of Beaumont
.. �Xl,Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: John Labrie, Clean Community Department Director
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 13, 2001
REQUESTED ACTION: Council consider after public hearing the authorization to
allow the City to demolish the following four (4) structures
immediately without further notification to the owners.
1.
2985 Amarillo
3.
3545 Marie
2.
840 Devilleneuve
4.
1161 Park (Commercial)
(*) Indicates number of times structure has been enrolled in work program.
RECONEIENDATION
Administration recommends a raze order because owners failed to comply with previous orders to
correct code violations or demolish the structure.
BACKGROUND
Each of these structures have appeared before City Council in the past and a raze or repair order was
issued. The owners failed to comply with correcting code violations or demolishing the structures.
BUDGETARY IMPACT
City may incur the cost of demolition.
PREVIOUS ACTION
Previous orders by City Council to raze or repair were not complied with.
SUBSEQUENT ACTION
Clean Community Department will demolish or cause to be demolished, said structures.
RECOMMENDED BY
City Manager and Clean Community Department Director.
RECOMMENDED MOTION
Approve/Deny the authorization to demolish the above listed structures in non-compliance with City
codes.
REQUESTED ACTION: Council consider after public hearing to declare the following
twenty-three (23) structures to be dangerous structures and
order the owners to raze said structures within ten (10) days.
If the property owner fails to comply within ten (10) days,
staff is requesting City Council authorization to demolish these
structures without further notification to the property owner
or City Council action.
5.
110 Adams (3)
17.
2380 Pecan (Rear Structure)
6.
2725 Cable (Garage Apartment)
18.
4430 Pershing
7.
3095 11th Street (Commercial)
19.
1990 Prairie
8.
986 Euclid (Garage Apartment)
20.
2370 Rockwell
9.
2810 Harriot
21.
3036 Rockwell
10.
2812 Hamot
22.
1385 Royal (Garage Apartment)
11.
3805-09 Highland (Commercial) (3)
23.
775 Sherman
12.
1800-08 Irving (Commercial)
24.
728 Stanton
13.
3350 Lampassas (2)
25.
2183-85 Tyler (Duplex)
14.
1852 Lela
26.
2195 Tyler
15.
1255 Maple
27.
2380 Wilson
16.
2480 Monroe (Shed)
(*) Indicates number of times structure has been enrolled in work program.
RECOMMENDATION
That City Council condemn these twenty-three (23) structures and order owner to raze within ten
(10) days.
BACKGROUND
It has been determined that these structures meet the definition of a dangerous structure because they
have deteriorated such that they are no longer considered suitable for repair.
BUDGETARY IMPACT
City may incur the cost of demolition.
PREVIOUS ACTION
These structures have been inspected by the Clean Community Department and found to be
dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article II1,
Dangerous Structures, Section 14-50.
SUBSEQUENT ACTION
Clean Community Department will demolish or cause to be demolished said structures.
RECOMMENDED BY
City Manager and Clean Community Department Director.
RECOMMENDED MOTION
Approve/Deny the authorization to condemn and raze the above listed dangerous structures.
REQUESTED ACTION: Council consider after public hearing a raze or repair order on
the following five (5) structures.
28. 4665 Bessemer
31. 1247 Long
29. 439 Crockett (Commercial)
32. 1260 Orange
30. 3240 Lampassas
(*) Indicates number of times structure has been enrolled in work program.
RECOMMENDATION
Owner to be issued an order to raze or repair structure within a specified time. Owner must
immediately enroll in a work program following Council's specified order of time for compliance.
BACKGROUND
These structures were inspected and found to be substandard and not meeting City code
requirements, but could be rehabilitated.
BUDGETARY IMPACT
None at this time.
PREVIOUS ACTION
The above structures were issued notification of being substandard as defined by the City of
Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50.
SUBSEQUENT ACTION
Staff will enroll owner in a work program and monitor work for allotted time granted by Council.
RECOMMENDED BY
City Manager and Clean Community Department Director.
RECOMMENDED MOTION
Approve/Deny the authorization to enroll in a work program and make repairs to structure within
time period allotted by Council.
dilapidated condition, likely to cause or promote fires that would endanger persons or
property.
Section 2.
In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont,
Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas, and Section 103.4
of the Standard Building Code, it is hereby ordered that the owner or owners of the
following described buildings demolish and remove said structures within ten (10) days
of the effective date of this ordinance:
5.
110 Adams
17.
2380 Pecan (Rear Structure)
6.
2725 Cable (Garage Apartment)
18.
4430 Pershing
7.
3095 11th Street (Commercial)
19.
1990 Prairie
8.
986 Euclid (Garage Apartment)
20.
2370 Rockwell
9.
2810 Harriot
21.
3036 Rockwell
10.
2812 Harriot
22.
1385 Royal (Garage Apartment)
11.
3805-09 Highland (Commercial)
23.
775 Sherman
12.
1800-08 Irving (Commercial)
24.
728 Stanton
13.
3350 Lampassas
25.
2183-85 Tyler (Duplex)
14.
1852 Lela
26.
2195 Tyler
15.
1255 Maple
27.
2380 Wilson
16.
2480 Monroe (Shed)
If the property owner(s) fails to comply within ten (10) days, Council orders that the
property be demolished without further notification to the property owner(s) or City Council
action.
GAMORDWANCOLAPSTR
Section 3.
In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont,
Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas, and Section 103.4
of the Standard Building Code, it is hereby ordered that the owner or owners of the
following described buildings either demolish or repair said structures within
�) days of the effective date of this ordinance:
28. 4665 Bessemer
31. 1247 Long
29. 439 Crockett (Commercial)
32. 1260 Orange
30. 3240 Lampassas
840 Devilleneuve
The owner is ordered to enter into a work program concerning the structures
immediately. If the owners fail or refuse to enter into a work program or repair or demolish
the structure within the time limit set herein, the City is authorized to demolish the structure
without further Council action.
Section 4.
The following structures were previously declared to be dangerous by the City Council
and are hereby ordered to be demolished without further notice to the owners:
1.
2985 Amarillo
3.
3545 Marie
2.
840 Devilleneuve
4.
1161 Park (Commercial)
Section 5.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
GAMORQINANCULAPSTR
ordinance and, to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 6.
That any person who violated any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March,
2001.
- Mayor -
G:CMORDKANQDR."s,R
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 20, 2001 1:30 P.M.
CONSENT AGENDA
Approval of minutes
Confirmation of committee appointments
A) Approve a six-month contract for the purchase of sodium hydroxide for use by the Water
Utilities Division
B) Approve the purchase of one Kronos time clock system which will interface with the
HTE financial software currently used for payroll processing
C) Approve a bid for a 460 -foot long, 24 -inch diameter horizontal directional bore
for the subsequent installation of a 20 -inch water main
D) Authorize the acquisition of property in the Glenwood Addition for the Neighborhood
Revitalization Project
E) Authorize eminent domain proceedings to acquire the interest of one of the owners
and the acquisition of the remaining interest in Parcel 60 of the Concord Road Project
F) Authorize the execution of a deed conveying lots to the Beaumont Community Housing
Development Organization, Inc. for the construction of homes for the Neighborhood
Revitalization Project
G) Approve a resolution opposing those portions of S132 and HB3290 which would eliminate
"Junior Water Rights" from the Texas Water Code
CONSENT AGENDA
Committee Appointments
MARCH 20, 2001
Greg Thompson would be reappointed to the Civil Service Commission. The term would end
January 31, 2003. (Stephen J. Bonczek)
Mary Jowers would be reappointed to the Civil Service Commission. The term would end January
31, 2004. (Stephen J. Bonczek)
Marilyn Hebert would be reappointed to the Drug Free Beaumont Commission. The term would
end January 5, 2003. (Councilmember Lulu Smith)
A) Approve a six-month contract for the purchase of sodium hydroxide for use by
the Water Utilities Division
Administration recommends approval of a six-month contract with Altivia of Houston with an
estimated total expenditure of $109,074. Sodium hydroxide is used by the Water Utilities Division
in the water production process. Funds are available for this expenditure in the Water Utilities
Division's operating budget. A copy of the staff memorandum is attached for your review.
B) Approve the purchase of one Kronos time clock system which will interface
with the HTE financial software currently used for payroll processing
Administration recommends the purchase of a Kronos time clock system. The total cost of the
Kronos time clock system is $65,103.67 which includes hardware, software, and training for two
employees. The hardware and software are warranted for a period of 90 days from the date of
installation and acceptance. Funds for the purchase of the time clock system are available in the
Capital Reserve Fund and the Water Fund. A copy of the staff memorandum is attached for your
review.
C) Approve a bid for a 460 -foot long, 24 -inch diameter horizontal directional
bore for the subsequent installation of a 20 -inch water main
Administration recommends award of a bid for a 460 -foot horizontal directional bore in the amount
of $32,200 to J & D Construction of Bronson, Texas. The boring project will facilitate the
installation of a 20 -inch water main for service to the Southeast Texas Entertainment Complex.
Funds are available for this expenditure in the Water Utilities Fund. A copy of the staff
memorandum is attached for your review.
D) Authorize the acquisition of property in the Glenwood Addition for the
Neighborhood Revitalization Project
Administration recommends authorization to acquire two lots located at 3890 Detroit Avenue in the
amount of $5,000. As part of the Neighborhood Revitalization Project, lots are being acquired in
various locations throughout the city to provide decent, safe and sanitary housing for low and
moderate income families. A copy of the staff memorandum is attached for your review.
E) Authorize eminent domain proceedings to acquire the interest of one of the owners
and the acquisition of the remaining interest in Parcel 60 of the Concord Road
Project
Parcel 60 (0.002 acre out of and a part of Lot 1 of the Bodin Subdivision in the Williams Survey,
Abstract 385) is located at 3435 Concord Road. The appraised value of the property is $400.
Administration recommends authorization to acquire 50% interest in this property and authority for
eminent domain proceedings to acquire the remaining 50% interest. A copy of the staff
memorandum is attached for your review.
IF) Authorize the execution of a deed conveying lots to the Beaumont Community
Housing Development Organization, Inc. for the construction of homes for the
Neighborhood Revitalization Project
Lots 2, 3, 4, 5 and 6, Block 17 of the Jirou Addition (Ashley and Forrest Streets) and Lots 1, 2, 3, 4
and 5, Block 1 of the South Park 4" Addition (Florida and Kenneth) would be conveyed to the
Beaumont Community Housing Development Organization, Inc. for the construction of homes.
Administration recommends the execution of deeds conveying the above properties. A copy of the
staff memorandum is attached for your review.
G) Approve a resolution opposing those portions of SB2 and HB3290 which would
eliminate "Junior Water Rights" from the Texas Water Code
Administration recommends approval of a resolution opposing those portions of S132 and HB3290
which eliminate "Junior Water Rights" from the Texas Water Code. The Junior Water Rights
provision of the Texas Water Code represent a rational approach to water management in the state
and prohibits one area of the state from doing harm to another's natural resources. The water
planning districts have studied their needs for the next 50 years as required in state water law
passed in the 1999 Texas Legislature and found no areas of the state that cannot meet their water
needs in that time frame with the Junior Water Rights provisions in place. A copy of the staff
memorandum is attached for your review.
City of Beaumont
AUUEK Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 13, 2001
REQUESTED ACTION: Council approval of a six (6) month contract for the purchase of
sodium hydroxide.
RECOMMENDATION
Administration recommends award of a six (6) month contract to Altivia of Houston, Texas, for
purchasing sodium hydroxide at the unit cost of $363.58 per dry ton with an estimated total
contract expenditure of $109,074.
BACKGROUND
Bids were requested for a six (6) month contract for sodium hydroxide for use by the Public
Works Department, Water Utilities Division in the water production process. Six (6) months is
the longest period for which vendors will provide firm pricing due to the historical price volatility
of sodium hydroxide. Sodium hydroxide is a by-product of the production of chlorine, with
market prices dictated by chlorine manufacturers based on the prevailing cost of production.
Bid notices were provided to 38 vendors with four (4) responding with bids as reflected below.
All bidders met required product certifications.
COMPANY
PRICE PER DRY TON
TOTAL ESTIMATED COST
Altivia
$363.58
$109,074
Houston, Texas
DX Distributors, Inc.
$373.26
$111,978
Houston, Texas
Six (6) Month Contract for Sodium Hydroxide
March 13, 2001
Page 2
COMPANY
PRICE PER DRY TON
TOTAL ESTII L&TED COST
Bates Chemical, Inc.
$385.00
$115500
Crosby, Texas
Skyhawk Chemicals, Inc.
$388.50
$116550
Houston, Texas
The contract provides for the vendor to furnish approximately 300 dry tons of sodium hydroxide
at a fixed unit price of $363.58 per dry ton, with a total estimated expenditure of $109,074 for
the contract period. The prior contract period cost for sodium hydroxide was S237 per ton.
BUDGETARYIMPACT
Funds are available for this expenditure in the Water Utilities Division's operating budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director, and Public Works Director.
RECOMMENDED MOTION
Approve/Deny award of a six (6) month contract for purchasing sodium hydroxide to Altivia at
the unit cost of $363.58 per dry ton.
E?
V~ City of Beaumont
vw_
11 - 7ej-j
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 13, 2001
REQUESTED ACTION: Council approval of the purchase of one (1) Kronos time clock
system.
RECOMMENDATION
Administration recommends the award of a bid to Kronos, Inc. for the purchase of a Kronos me
clock system which will interface with the HTE financial software currently used for pa-,m1l
processing.
BACKGROUND
Information Services has requested the implementation of a new time and attendance software aid
hardware package to replace the City's existing DOS based, time clock system. The requesed
time clock system will include the purchase of ten (10) badge readers. One badge reader wil je
located at each of the following locations: Streets and Drainage, Parks and Recreation, Cric
Center, Fleet Management, Clean Community, Transportation, Water Reclamation, Waer
Production, Water Customer Service and Water Utilities Administration. In addition, the Krows
time and attendance system provides for the recording of employee's work hours via a ?C
terminal. All hours recorded from both the badge reader or the PC will automatically transit
data to the HTE payroll system. This immediate recording of hours worked will eliminate die
lengthy process of separate data entry of payroll hours, which currently averages between thr-e
to twelve hours each pay period.
Bid notices were sent to three (3) vendors with only one vendor responding with a hd.
Information Services has reviewed the Kronos bid and has found it to be a favorable respome.
The total cost of the Kronos time clock system is $65,103.67 which includes hardware, softwa-e.
and training for two (2) employees. The hardware and software are warranted for a perioc of
ninety (90) days from the date of installation and acceptance.
Purchase of Kronos Time Clock System
March 12, 2001
Page 2
BUDGETARY IMPACT
Funds for the purchase of this time clock system are available in the Capital Reserve Fund and
the Water Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Central Services Director
RECOMMENDED ACTION
Approve/Deny accepting a bid from Kronos, Inc. to purchase one Kronos Time Clock System in
the amount of 565,103.67.
c
1V~ f City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 12, 2001
REQUESTED ACTION: Council approval to award a bid for a 460 -foot long, 24 -inch
diameter horizontal directional bore for the subsequent installation
of a 20 -inch water main.
RECOMMENDATION
Administration recommends award of a bid for a 460 -foot horizontal directional bore in the
amount of $32,200 to J & D Construction of Bronson, Texas.
BACKGROUND
The boring project will facilitate the installation of a 20 -inch water main for service to the
Southeast Texas Entertainment Complex. Installation of the water main will be performed by
Water Utilities personnel upon completion of the directional bore. The diameter of the bore
exceeds the capacity of the City's directional boring equipment.
Bid notices were provided to 15 vendors, with five (5) responding with bids. The bids received
were as follow:
Vendor
Completion Time
Total Bid Amount
J & D Construction
30 calendar days
$32,200
Bronson, Texas
Janco Construction Co., Inc.
30 calendar days
$34,500
Iowa, Louisiana
460 Foot Directional Bore
March 12, 2001
Page 2
Vendor
Completion Tune
Total Bid Amomt
Brystar Contracting
60 calendar days
$43,700
Beaumont, Texas
Hoot Johnson Construction, Inc.
10 calendar days
$117,300
Hillsboro, Texas
STTI Construction, Inc.
37 calendar days
$188,518.3-3-
188,518.3?Converse,
Converse,Texas
Local sales tax impact analysis was applied to the local vendor's bid. but failed to alter he bid
standings.
BUDGETARY IMPACT
Funds are available for this expenditure in the Water Utilities Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Public Works Director.
RECOMMENDED MOTION
Approve/Deny accepting a bid from J & D Construction in the amount of $32,200 for a 4),O -foot
directional bore.
:81
,I'". AS" rt
City of Beaumont
M Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 7, 2001
REQUESTED ACTION: Council approval of a resolution authorizing the acquisition of
property in the Glenwood Addition for the Neighborhood
Revitalization Project.
RECONBiENDATION
The property owners listed below have agreed to convey their property to the City for the
Neighborhood Revitalization Project.
Lots 7 & 8, Block 205, Glenwood Addition
( 3890 Detroit Avenue)
Appraised Value: $5,000.00
Appraiser: James A. Albaugh
Owners: H.L. Cessac, Hamilton L. Cessac, Jr.,Janis C. Surage, Mary Phyllis
Pope, and Teresa K. Calahan
Administration recommends authorization to acquire this property.
BACKGROUND
As part of the Neighborhood Revitalization Project, lots are being acquired in various locations
throughout the city to provide decent, safe and sanitary housing for low and moderate income
families.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the acquisition of property in the Glenwood Addition for the
Neighborhood Revitalization Project.
cessac.jld
NEIGHBORHOOD REVITALIZATION
PROJECT
LOT 7 4 S. BLOCK 205,
GLENWOOD ADDITION
(3880 DETROIT AVENUE)
OWNER=
H.L. CE33AC,
HAMILTON L. CE33AC JR,
JANIS C. SURAGE,
MARY PHYLLI3 POPE,
TERESA K. CALAHAN
LEGEND
SUBJECT PROPERTY
LOCATION MAP
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City of Beaumont
:.� ML Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 7, 2001
REQUESTED ACTION: Council consider a resolution authorizing eminent domain
proceedings to acquire the interest of one of the owners and the
acquisition of the remaining interest in Parcel 60 of the Concord
Road Project.
RECOMMENDATION
The owners of the interest in the property listed below have agreed to convey their property for
the right of way of the Concord Road Improvement Project. However one of the owners holding
507c interest refuses to execute the necessary documents for closing, it will be necessary to
acquire that portion through the process of eminent domain.
Parcel 60 0.002 acre out of and a part of Lot 1 of the Bodin Subdivision in the
A. Williams Survey, Abstract 385
(3435 Concord Road)
Appraiser: Bishop Real Estate Appraisers, Inc.
Total Appraised Value: $400.00
50% Undivided Interest: $200.00
(Partial Taking)
Owner: Gerald A. Upshaw, Jr.
Eminent Domain Proceedings against one owner
50% Undivided Interest: $200.00
(Partial Taking)
Owner: David R. Upshaw
Administration recommends authorization to acquire 50% interest in this property and authority
for eminent domain proceedings to acquire the remaining 50% interest.
BACKGROUND
The property is in Phase II of the Concord Road Project.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
Of the fifty-three (53) parcels, forty-seven (47) have been acquired, five (5) are already owned
by the city.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny resolution authorizing the authority to file eminent domain proceedings to acquire
the interest of one owner and the acquisition of the remaining interest in Parcel 60 of the Concord
Road Improvement Project.
par60 J Id
CONCORD ROAD
IMPROVEMENTS PROJECT
PROPOSED RIGHT-OF-WAY
ACOU131TION AND
EMINENT DOMAIN
PARCEL NO. 60
0.002 ACRE OUT OF AND A
PART OF LOT 1, OF THE BODIN
SUBDIVISION IN THE A.
WILLIAMS SURVEY,
ABSTRACT 866
(9436 CONCORD RD)
(PARTIAL TAKING)
60% OWNER: GERALD A.
UPSHAW, JR. (ACQUISITION)
60% OWNER: DAVID R. UPSHAW
(EMINENT DOMAIN)
LEGEND
SUBJECT PROPERTY
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LOCATION MAP
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PROPOSED R.O.W.
NOTE: BUILDING CORNER IS G._
OUTSIDE PROPOSED R�✓r.
LOT I
COMSTOCK ADDITION
V.4 Pg.70
J.C.M.R.
N.T.S.
AS..City of Beaumont
� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 7, 2001
REQUESTED ACTION: Council approval of a resolution authorizing the City Manaae::o
execute a deed conveying five (5) lots in the Jirou Addition and fi,e
(5) lots in the South Park 4th Addition (formerly Iowa Colony). -o
the Beaumont Community Housing Development Organization. hZ.
for the construction of homes for the Neighborhood Revitalizamn
Project.
RECOMMENDATION
The properties listed below need to be conveyed to the Beaumont Community Housng
Development Organization, Inc. (BCHDO) for the construction of homes:
Lots 2, 3, 4, 5 and 6, Block 17 of the Jirou Addition
(Ashley and Forrest Streets)
Lots 1, 2, 3, 4 and 5, BIock 1 of the South Park 4th Addition [replat of part of
Tract 2, Block 25 of the Iowa Colony Addition]
(Florida and Kenneth)
:administration recommends the execution of deeds conveying above properties to Beaumont
Community Housing Development Organization, Inc.
BACKGROUND
As part of the Neighborhood Revitalization Project, lots are being acquired in various locations
throughout the city to provide decent, safe and sanitary housing for low and moderate incone
families.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
The City acquired the properties in the Jirou Addition from Lemual Dean Duncan and the
properties in the South Park 4th Addition from Cardinal Apartments, Inc.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to execute a deed conveying five (5) lots in the Jirou
Addition and five (5) lots in the South Park 4th Addition (formerly Iowa Colony), to the
Beaumont Community Housing Development Organization, Inc. for the construction of homes for
the Neighborhood Revitalization Project.
bchdo.jid
PROPOSED CONVEYANCE
TO
BEAUMONT COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION, INC.
LOTS 2.1,4.6,k6 BLOCK 17
JIROU ADDITION
ASHLEY & FORREST
OWNER=
CITY OF BEAUMONT
LEGEND
SUBJECT PROPERTY
IV 70
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PROPOSED CONVEYANCE
TO
BEAUMONT COMMUNITY HOU33Wm
DEVELOPMENT ORGANIZATION, IAC_
LOTS 1.2,3.4&5 BLOCK 1
SOUTH PARK 4TH ADDITION[
FLORIDA & KENNETH
OWNER:
CITY OF BEAUMONT
LEGEND
SUBJECT PROPERTY
LOCATION MAP
N.T.S.
N.T.S.
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City of Beaumont
t178j7j
.mOL Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen J. Bonczek, City Manager
MEETING DATE: March 20, 2001
AGENDA MEMO DATE: March 16, 2001
REQUESTED ACTION: Council consider a resolution opposing those portions of SB2 and
HB3290 which would eliminate "Junior Water Rights" from the Texas
Water Code.
RECOMMENDATION
Administration recommends that Council approve a resolution opposing those portions of SB2 and
HB3290 which would eliminate "Junior Water Rights"
BACKGROUND
Partnership of Southeast Texas has requested that City Council approve a resolution opposing those
portions of S132 and HB3290 which could eliminate "Junior Water Rights" from the Texas Water
Code.
The Junior Water Rights provision of the Texas Water Code represent a rational approach to water
management in the state and prohibits one area of the state from doing harm to another's natural
resources. The water planning districts have studied their needs for the next 50 years, as required in
state water law passed during the 1999 Texas Legislature, and found no areas ofthe state that cannot
meet their water needs in that time frame with the Junior Water Rights provisions in place.
All regions of the state should plan for droughts and build ample facilities. Water should be first
available to users in the basin of origin. The state's study of water needs by region has shown no
valid water planning reason for removing Junior Water Rights from state law. Removing Junior
Water Rights will allow some areas of the state to avoid the investment necessary to protect their
water supply.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Attorney, Public Works Director and City Attorney.
RECOMMENDED MOTION
Approve/Deny a resolution opposing those portions of S132 and HB3290 which would eliminate
"Junior Water Rights" from the Texas Water Code.
03/142001 bxdotcg