Loading...
HomeMy WebLinkAboutPACKET MAR 20 2007 (02)City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 20, 2007 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments Carol Dixon would be reappointed to the Convention and Tourism Advisory Board. The current term would commence March 20, 2007 and expire March 1, 2008. (Councilmember Bobbie J. 1?atterson) Bessie Chisum would be reappointed to the Community Development Advisory Committee. The current term would commence March 20, 2007 and expire December 11, 2008. (Councilmember Lulu Smith) A) Authorize the settlement of the claim of Umeki Coleman ANF of Jonathan Coleman, a Minor B) Authorize the settlement of the claim of Camille Williams ANF of Sade Stevenson, a Minor C) Approve the purchase of a new voice communication system for Municipal Court and the new 911 Dispatch Center D) Approve the purchase of two (2) vehicles for the Southeast Texas Auto Theft Task Force E) Approve Change Order No. 21 for the Julie Rogers Theatre renovation F) Approve Change Order No. 22 for the Julie Rogers Theatre renovation G) Approve an annual contract for the purchase of traffic marking materials H) Approve a bid to construct a new shelter at Sprott Park I) Approve the purchase of Self Contained Breathing Apparatus (SCBA) and air cylinders for the Fire Department J) Authorize the City Manager to execute a Lease Agreement for property located at 8155 Phelan Blvd. for operation of EMS Med Station No. 4 K) Approve a resolution accepting maintenance of water and sanitary sewer improvements in Park North, Phase II L;) Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force ll '' City of Beaumont � Council Agenda Item � t TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 9, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Umeki Coleman ANF of Jonathan Coleman, a Minor. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Umeki Coleman ANF of Jonathan Coleman, a Minor, in the amount of $10,000. BACKGROUND Council discussed this claim in an Executive Session held on March 6, 2007. BUDGETARYIMPACT There are sufficient funds in the General Liability Fund to pay the sum above. Recommended by City Attorney. RESOLUTION NO. WHEREAS, the claim of Umeki Coleman A/N/F of Jonathan Coleman, a minor, has been discussed in an Executive Session properly called and held Tuesday, March 6,2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Umeki Coleman A/N/F of Jonathan Coleman, a minor, in the amount of Ten -Thousand ($10,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - City of Beaumont 11 7j -!7j Council Agenda Item 'ZIMUMMIMMM TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 9, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Camille Williams ANF of Sade Stevenson, a Minor. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Camille Williams ANF of Sade Stevenson, a Minor, in the amount of $8,000. BACKGROUND Council discussed this claim in an Executive Session held on March 6, 2007. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay the sum above. Recommended by City Attorney. RESOLUTION NO. WHEREAS, the claim of Camille Williams A/N/F of Sade Stevenson, a minor, has been discussed in an Executive Session properly called and held Tuesday, March 6, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Camille Williams A/N/F of Sade Stevenson, a minor, in the amount of Eight -Thousand ($8,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - c 117LJ1J City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 13, 2007 REQUESTED ACTION: Council approval of the purchase of a new voice communication system. RECOMMENDATION Administration recommends that the City Manager be authorized to execute a contract to purchase a new voice communication system for Municipal Court and the 911 Dispatch Center. In December 2004, the City purchased a new networked digital voice communication system for City Hall, Police and Fire Departments and the Health Department. This system may be expanded to remote sites as needed. A. Toshiba PBX and phone system was installed in Municipal Court in 1999. This PBX is not capable of supporting the increased number of lines that the new 911 Dispatch Center will require. AT&T in conjunction will Nortel Networks has provided pricing to expand the current system at City Hall to accommodate the new 911 Dispatch Center and Municipal Court. Their pricing is based on the State of Texas Department of Information Resources (DIR) contract with AT&T. DIR is an authorized state agency that provides contracted telecommunication service providers to government entities. The total cost for the new PBX and communication system including all hardware and software is $46,280.3 5. Upon installation of the new system, the smaller Toshiba system currently in service at Municipal Court will be installed in the Narcotics office on Washington Boulevard. BUDGETARY IMPACT Funding is available in the Capital Program. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with AT&T to purchase a new voice communication system in the amount of $46,280.35 for Municipal Court and the 911 Dispatch Center. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - F -C amr, City Council Agenda Item iuv,i 1W c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 12, 2007 REQUESTED ACTION: Council consider the purchase of two (2) vehicles for the Southeast Texas Auto Theft Task Force. RECOMMENDATION Administration recommends authorization for the purchase of a 2007 Ford Expedition and a 2007 Ford F-150 Super Cab from Philpott Motors of Beaumont through the Houston -Galveston Area Council (H -GAC) cooperative purchasing program for $43,792.97. The total cost includes a $600 H -GAC administration fee. BACKGROUND A. 2007 Ford Expedition for $23,912.21 and a 2007 Ford F-150 Super Cab for $19,280.76 will be purchased for use by the Southeast Texas Auto Theft Task Force (ATTF.) The F-150 Super Cab replaces Unit 2892, a 1998 Dodge Ram Quad Cab which has exceeded its usable life. The 2007 Expedition replaces Unit 2523, a 2003 Ford Expedition, as part of the ATTF vehicle replacement schedule. Both vehicles will be disposed of according to the City's surplus property disposal policies. Proceeds from the sale of these vehicles will provide ATTF Program income. Standard warranties of 36,000 miles or three (3) years are provided for each new vehicle. The warranty service is provided by the local authorized dealership. Delivery is expected in approximately sixty (60) days. BUDGETARYIMPACT Funds in the amount of $43,792.97 are being provided by the Auto Theft Task Force Grant with no matching funds required from the City. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a 2007 Ford Expedition and a 2007 Ford F-150 Super Cab for use by the Southeast Texas Auto Theft Task Force from Philpott Motors of Nederland through the Houston -Galveston Area Council (H -GAC) cooperative purchasing program in the amount of $43,792.97. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - 7-� 1U79j City Council Agenda 1 II eenuMONr TEI- TO: City Council . FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 6, 2007 REQUESTED ACTION: Council approval of Change Order No. 21 for the Julie Rogers Theatre renovation. RECOMMENDATION Approval ofChange OrderNo. 21 for furnishing and installing new door hardware at theJulie Rogers Theatre in the amount of $38,778.60 to Bruce's General Construction. BACKGROUND Auditorium entry doors were not scheduled for replacement in the original contract. Over the years as, the foundation settled, the doors became misaligned. Some of the doors had to be replaced due to continued modifications to correct alignment. The remaining doors can be rehung but the hardware, including door closures, hinges, pulls, pushes and kickplates on all doors is tarnished and rusted. Change Order No. 21 in the amount of $38,778.60 includes furnishing and installing new hardware on secondary front entry doors and auditorium entrance doors on the 1' and 2' floors. Base Bid $1,845,000.00 Percentage Change Change Order No. 1-20 $318,089.11 Change Order No. 21 $ 38,778.60 2% Total to Date $2,201,867.71 19.3% BUDGETARY IMPACT Funding is available in the Capital Program. CHANGE ORDER PROJECT: Improvements to the Julie Roger's CHANGE ORDER NO: 21 Theatre CONTRACTOR: Bruce's General Construction, Inc. DATE: March 7, 2007 175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004 Beaumont, TX 77707 CONTRACT DATE: August 9, 2006 CONTRACT FOR: Improvements The Contract is changed as follows: 1. New hardware on all doors as per drawing by Greg Wall. ADD $28,507.00 2. Labor to install new hardware. ADD $7,950.00 3. (6) New Stainless corner guards on elevator openings. ADD $300.00 4. Labor to install new comer guards ADD $175.00 5. Contractors Overhead and Profit @ 5% ADD $1,846.60 TOTAL $38,778.60 *"See attached breakdowns Not valid until signed by the Owner, Architect, and Contractor. The original Contract Sum was................................................................................................................. $1,845,000.00 Net change by previously authorized Change Orders.................................................................................. $318,089.11 The Contract Sum prior to this Change Order was.................................................................................... $2,163,089.11 The Contract sum will be increased by this Change Order in the amount of ................................................ $38,778.60 The new Contract Sum including this Change Order will be..................................................................... $2,201,867.71 The Contract Time will be increased by zero (00) days. The date of Substantial Completion as of the date of this Change Order therefore is April 23, 2007. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time, which have been authorized by Construction Change Directive. The LaBiche Architectural Group 7999 Gladys Avenue, Suite 101 BeaumV 77706 By: Date: _-8- o7 C ) m 1 z_ Bruce's General Construction, Inc. City of Beaumont 175 Reynolds Road P. O. Box 3827 Beaumon xas 77707 Beaumont, Texas 77704 By: y: Date: 3-9-0-7 Date: RESOLUTION NO. WHEREAS, on August 15, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-229 awarding a contract in the amount of $1,845,000 to Bruce's General Construction, Inc., Beaumont, Texas, to furnish all labor, materials, supplies and equipment to renovate the interior of the Julie Rogers Theatre; and, WHEREAS, Change Order No.1 was executed on November 2, 2006 for plumbing repairs in the amount of $5,331.75 thereby increasing the contract to $1,850,331.75; and, WHEREAS, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-366 on December 5, 2006 approving Change Order No. 2 in the amount of $65,380.01 increasing the contract amount to $1,915,711.76 forthe installation of a concrete ramp and handrails in auditorium entrances, additional plaster repair in the auditorium ceiling and installation of rubber flooring in concession areas and elevator; and, WHEREAS, Change Order No. 3 in the amount of $9,979.20 executed on December 12, 2006 for additional paint prep work on auditorium ceiling beams due to water damage; and, WHEREAS, Change orders Nos. 4, 5 and 6 were required as shown below: Change Order No. 4 submitted December 12, 2006 in an amount of $17,139.07 includes: 1) Installation of new ceiling grids and ceiling tiles in foyers and stairways, control room, 2"d floor concession area, and 1 st floor meeting room. These areas were omitted in the original plans and specifications. After construction began and these areas were opened, damaged ceiling tiles and rusted grids were discovered. 2) Installation of drywall in restrooms to accommodate raised floor. Drywall had to be raised to accommodate raised floor in restrooms. 3) Add an overlay of sheetrock to paneled rooms previously scheduled for repainting in the 2"d floor offices. The existing paneled walls were scheduled to be painted but upon closer inspection, damage to the 30 year old paneling was noted, thus the decision was made to overlay the paneling with sheetrock. 4) Furnish and install acoustical ceilings in 2nd floor north and south corridors. The original plans called for recessed lighting with plaster ceilings. Since these are office and dressing room corridors that will not be open to the public, it was decided to lower the ceiling and install acoustical tiles. 5) Replacement of rusted metal studs found in restroom walls, janitor closets and other interior room walls. The studs were rusted from water leaks not known until existing walls were removed. Change Order No. 5 submitted December 13, 2006 in an amount of $38,396.45 includes: 1) Leveling of restroom floors. After demolition of existing restrooms, it was discovered that the floors were not level due to the settling of the foundation on the north and south sides of the building. The floors need to be raised 2 '/2 to 3 '/2 inches to accommodate the installation of new restroom facilities and flooring. After consulting with a structural engineer, it was determined that the floors could be leveled by using concrete and a leveling compound. In addition, all plumbing stub outs and drains must be raised to accommodate the new floor. 2) Additional stencil work by Conrad Schmitt in the west auditorium entrances. Conrad Schmitt's original bid included lobby and hallway stencils. It was decided to continue the same pattern in auditorium vestibules. The cost for this additional artistic stenciling is $2,278.50. 3) Plumbing repairs. These include replacing air conditioning drains, storm drains and miscellaneous plumbing repairs. Change Order No. 6 submitted December 21, 2006 in an amount of $71,896.82 includes: • New and revised lighting. The original specifications for lighting were based on a decorating scheme designed by LaBiche Architectural Group. The award of the construction bid included an alternate bid item using the artistic design work by Conrad Schmitt Studios for painting the lobby walls, auditorium and corridors. The design scheme includes beautiful floral patterns in soft pastels, stenciled and hand painted on wall panels and hand -painted ceiling murals. The lighting fixtures originally specified are not appropriate for the new design concept. Included in this change order are new chandeliers for the north and south lobbies. The contractor allowed $10,715 in his bid for cleaning and repairing the existing chandeliers. New chandeliers were selected after it was discovered that the existing chandeliers had damage beyond repair. The price for the four chandeliers including four mechanical lowering devices, new wiring and wall controls, and installation is $55,060. In addition, new chandeliers not scheduled for replacement in the original bid were selected for the Green Room, the Ticket Lobby and corridors. Most of the cost was offset by the deletion of numerous fixtures originally specified that did not compliment the architectural integrity of the building. Change Order Nos. 4, 5 and 6 in the total amount of $127,432.29 increased the contract amount to $2,053,123.25; and, WHEREAS, Change Order Nos. 7, 8 and 9 were required as shown below: New Contract Executed Reason Amount Amount No. 7 1/18/07 Cabling installation $5,363.35 $1,986,589.78 No. 8 1/23/07 Drywall, insulation, cleanup and debris removal, misc. a/c changes $6,444,82 $2,064,931.42 No. 9 1/23/07 Sheetrock for 14 doorways, tape, float and paint, new base trim $3,606.75 $2,068,538.17 ; and, WHEREAS, Change Order Nos. 10 through 15 were required as shown below: Change Order No. 10 in an amount of $24,733.91 includes: • Material and labor to modify auditorium floor to accommodate new seating layout. Electrical and communication lines to be relocated in this area. Paint both the auditorium and balcony concrete floors. Change Order No. 11 in an amount of $5,092.50 includes: • New laminate countertops and new cabinet doors in second floor concession area. Change Order No. 12 in amount of $9,284.10 includes: 0 Miscellaneous repairs in various rooms and corridors. Change Order No. 13 in an amount of $11,369.17 includes: 1) New carpet to be installed in the performer's dressing rooms, which includes one on the 1st level and three on the 2nd level; 2) A brick paved floor similar to the southeast entrance lobby floor; 3) Installation of an automatic door, new glass and glazing of the sidelites and transom and electrical connections. Change Order Nos. 14 and 15 in an amount of $6,273.75 include: • Remodel the wall inset to mount ADA drinking fountains and additional painting. Paint the Rose Room and Chorus Dressing Rooms; and, WHEREAS, Change Order Nos. 16 through 18 were required as shown below: Change Order No. 16 in an amount of ($16,366.65) includes: 1) Renovations to the Southeast entrance including new aluminum ceiling grid and tiles, painting of exterior porch soffits, walls and doors and new light fixtures. 2) Construction of an enclosed glass cabinet to conceal the counter in Room 116 and miscellaneous electrical changes for security system and light fixtures. 3) Construction of a closet to conceal the main terminal switch for phone and computers in 2nd floor offices. 4) Furnish and install new paper towel dispensers in restrooms. 5) 2nd Floor concession area will be equipped with one beverage dispenser. This requires the installation of an ice bin and modification to the sink and countertop. 6) Ticket Office - The original counter in the Ticket office was scheduled to remain as it was constructed in 1982. It was not ADA compliant nor is it a convenient and efficient workspace for staff. New cabinets will be designed to accommodate computerized ticket processing equipment and additional staff during crowded sales events. 7) Restroom Partitions - In the original design, the restroom partitions were to be constructed of "Silestone", a natural quartz product. This material, usually used for countertops, is heavy and not practical for restroom partition walls and doors. This material was deleted and substituted with a lighter weight laminate product resulting in a substantial credit of $42,352.00 to the cost of the project. Change Order No. 17 in an amount of $15,064.00 includes: 1) Addition of two new circuits in the north and south corridors for lighting. Two fixtures will be on separate circuits so as to not overload the main generator backup circuit used in case of an emergency. This change was made at the recommendation of the electrical engineer for this project. 2) Auditorium return air system was installed incorrectly during the 1982 renovation. Part of the system was not connected to the air conditioning unit and electrical conduit was installed incorrectly. According to our Building Services Manager, there had been unresolved problems with the air conditioning unit but until the ceiling was opened during the remediation, the cause of the problem was not known. This cost includes building a new 20 ft. extension and removing existing grid and plaster. 3) Lamps in the auditorium ceiling are difficult to change because of limited access. All light bulbs were replaced while scaffolding was in place. Change Order No. 18 in the amount of $1,487.06 includes: • Electrical upgrades to allow for control of the 2"d floor corridor lighting from the control room. Allows staff to remotely flash lights to signify end of intermission; and, WHEREAS, Change Order No. 19 in the amount of $7,688.10 was executed on February 21, 2007 for thirteen (13) new slab doors & four (4) new double units including Jambs, & installation of new doors and frames; and, WHEREAS, Change Order No. 20 was required to install new front entry doors in the amount of $29,925 thereby increasing the contract to $2,163,089.11; and, WHEREAS, Change Order No. 21 is required to furnish and install new hardware on secondary front entry doors and auditorium entrance doors on the first and second floors in the amount of $38,778.60 thereby increasing the contract to $2,201,867.71; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the City Manager be and he is hereby authorized to execute Change Order No.21 in the amount of $38,778.60 thereby increasing the contract to $2,201,867.71. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - F 17!f City Council Agenda Item 'A vft� TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 6, 2007 REQUESTED ACTION: Council approval of Change Order No. 22 for the Julie Rogers Theatre renovation. RECOMMENDATION Approval of Change Order No. 22 for refurbishing the auditorium floor at the Julie Rogers Theatre in the amount of $28,184.89 to Bruce's General Construction. BACKGROUND The new auditorium seating must be installed to meet current building codes. To meet current building codes, the width between each row had to be expanded. As a result, the auditorium floor's power source must be moved to accommodate the new seating layout. Current power source outlets will be removed and concrete poured to fill the space. New installations will be accomplished by saw cuts in the floor and relocating existing electrical components. To minimize dust and debris from concrete demolition, saw cutting the concrete floor was recommended. Base Bid $1,845,000.00 Percentage Change Change Order No. 1-21 $356,867.71 Change Order No. 22 $ 28,184.89 1.5% Total to Date -T- $2,230,052.60 20.8% BUDGETARY IMPACT Funds for this change order will be provided by the City's insurance carrier. CHANGE ORDER PROJECT: Improvements to the Julie Roger's CHANGE ORDER NO: 22 Theatre CONTRACTOR: Bruce's General Construction, Inc. DATE: March 7, 2007 175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004 Beaumont, TX 77707 CONTRACT DATE: August 9, 2006 CONTRACT FOR: Improvements The Contract'is changed as follows: 1. Saw cut concrete to allow for new electrical locations (using hydraulic wall saw). ADD $11,200.00 2. Water control, cleanup and protection for saw cut. ADD $1,500.00 3. Relocate electrical. ADD $7,104.48 4. Make ready and hook up balcony seat lighting ADD $2,095.50 5. Pour back concrete. ADD $3,200.00 6. Install 12 new light fixtures in rooms 116 and 107 as per attached quote and ADD $1,388.75 model Vs. 7. Install new Q fixture in rear stairway in place of ST fixture. ADD $229.02 8. Drywall repair after fixture is installed. ADD $125.00 9. Contractors Overhead and Profit @ 5% ADD $1,342.14 TOTAL $28,184.89 **See attached breakdowns Not valid until signed by the Owner, Architect, and Contractor. The original Contract Sum was................................................................................................................. $1,845,000.00 Net change by previously authorized Change Orders.................................................................................. $356,867.71 The Contract Sum prior to this Change Order was.................................................................................... $2,201,867.71 The Contract sum will be increased by this Change Order in the amount of ................................................ $28,184.89 The new Contract Sum including this Change Order will be..................................................................... $2,230,052.60 The Contract Time will be increased by zero (00) days. The date of Substantial Completion as of the date of this Change Order therefore is April 23, 2007. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time, which have been authorized by Construction Change Directive. The LaBiche Architectural Group 7999 Gladys ve ue, Suite 101 Beaumont, x 77706 By: Date: �6D �9� n � m * tS 16308 q OF Bruce's General Construction, Inc. 175 Reynolds Road Beaumont, Texas 77707 By: _f — Date: 3'' City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 By: Date: RESOLUTION NO. WHEREAS, on August 15, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-229 awarding a contract in the amount of $1,845,000 to Bruce's General Construction, Inc., Beaumont, Texas, to furnish all labor, materials, supplies and equipment to renovate the interior of the Julie Rogers Theatre; and, WHEREAS, Change Order No.1 was executed on November 2, 2006 for plumbing repairs in the amount of $5,331.75 thereby increasing the contract to $1,850,331.75; and, WHEREAS, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-366 on December 5, 2006 approving Change Order No. 2 in the amount of $65,380.01 increasing the contract amount to $1,915,711.76 for the installation of a concrete ramp and handrails in auditorium entrances, additional plaster repair in the auditorium ceiling and installation of rubber flooring in concession areas and elevator; and, WHEREAS, Change Order No. 3 in the amount of $9,979.20 executed on December 12, 2006 for additional paint prep work on auditorium ceiling beams due to water damage; and, WHEREAS, Change orders Nos. 4, 5 and 6 were required as shown below: Change Order No. 4 submitted December 12, 2006 in an amount of $17,139.07 includes: 1) Installation of new ceiling grids and ceiling tiles in foyers and stairways, control room, 2"d floor concession area, and 1 st floor meeting room. These areas were omitted in the original plans and specifications. After construction began and these areas were opened, damaged ceiling tiles and rusted grids were discovered. 2) Installation of drywall in restrooms to accommodate raised floor. Drywall had to be raised to accommodate raised floor in restrooms. 3) Add an overlay of sheetrock to paneled rooms previously scheduled for repainting in the 2nd floor offices. The existing paneled walls were scheduled to be painted but upon closer inspection, damage to the 30 year old paneling was noted, thus the decision was made to overlay the paneling with sheetrock. 4) Furnish and install acoustical ceilings in 2nd floor north and south corridors. The original plans called for recessed lighting with plaster ceilings. Since these are office and dressing room corridors that will not be open to the public, it was decided to lower the ceiling and install acoustical tiles. 5) Replacement of rusted metal studs found in restroom walls, janitor closets and other interior room walls. The studs were rusted from water leaks not known until existing walls were removed. Change Order No. 5 submitted December 13, 2006 in an amount of $38,396.45 includes: 1) Leveling of restroom floors. After demolition of existing restrooms, it was discovered that the floors were not level due to the settling of the foundation on the north and south sides of the building. The floors need to be raised 2'/2 to 3 '/2 inches to accommodate the installation of new restroom facilities and flooring. After consulting with a structural engineer, it was determined that the floors could be leveled by using concrete and a leveling compound. In addition, all plumbing stub outs and drains must be raised to accommodate the new floor. 2) Additional stencil work by Conrad Schmitt in the west auditorium entrances. Conrad Schmitt's original bid included lobby and hallway stencils. It was decided to continue the same pattern in auditorium vestibules. The cost for this additional artistic stenciling is $2,278.50. 3) Plumbing repairs. These include replacing air conditioning drains, storm drains and miscellaneous plumbing repairs. Change Order No. 6 submitted December 21, 2006 in an amount of $71,896.82 includes: • New and revised lighting. The original specifications for lighting were based on a decorating scheme designed by LaBiche Architectural Group. The award of the construction bid included an alternate bid item using the artistic design work by Conrad Schmitt Studios for painting the lobby walls, auditorium and corridors. The design scheme includes beautiful floral patterns in soft pastels, stenciled and hand painted on wall panels and hand -painted ceiling murals. The lighting fixtures originally specified are not appropriate for the new design concept. Included in this change order are new chandeliers for the north and south lobbies. The contractor allowed $10,715 in his bid for cleaning and repairing the existing chandeliers. New chandeliers were selected after it was discovered that the existing chandeliers had damage beyond repair. The price for the four chandeliers including four mechanical lowering devices, new wiring and wall controls, and installation is $55,060. In addition, new chandeliers not scheduled for replacement in the original bid were selected for the Green Room, the Ticket Lobby and corridors. Most of the cost was offset by the deletion of numerous fixtures originally specified that did not compliment the architectural integrity of the building. Change Order Nos. 4, 5 and 6 in the total amount of $127,432.29 increased the contract amount to $2,053,123.25; and, WHEREAS, Change Order Nos. 7, 8 and 9 were required as shown below: New Contract Executed Reason Amount Amount No. 7 1/18/07 Cabling installation $5,363.35 $1,986,589.78 No. 8 1/23/07 Drywall, insulation, cleanup and debris removal, misc. a/c changes $6,444,82 $2,064,931.42 No. 9 1/23/07 Sheetrock for 14 doorways, tape, float and paint, new base trim $3,606.75 $2,068,538.17 ; and, WHEREAS, Change Order Nos. 10 through 15 were required as shown below: Change Order No. 10 in an amount of $24,733.91 includes: • Material and labor to modify auditorium floor to accommodate new seating layout. Electrical and communication lines to be relocated in this area. Paint both the auditorium and balcony concrete floors. Change Order No. 11 in an amount of $5,092.50 includes: • New laminate countertops and new cabinet doors in second floor concession area. Change Order No. 12 in amount of $9,284.10 includes: 0 Miscellaneous repairs in various rooms and corridors. Change Order No. 13 in an amount of $11,369.17 includes: 1) New carpet to be installed in the performer's dressing rooms, which includes one on the 1st level and three on the 2nd level; 2) A brick paved floor similar to the southeast entrance lobby floor; 3) Installation of an automatic door, new glass and glazing of the sidelites and transom and electrical connections. Change Order Nos. 14 and 15 in an amount of $6,273.75 include: • Remodel the wall inset to mount ADA drinking fountains and additional painting. Paint the Rose Room and Chorus Dressing Rooms; and, WHEREAS, Change Order Nos. 16 through 18 were required as shown below: Change Order No. 16 in an amount of ($16,366.65) includes: 1) Renovations to the Southeast entrance including new aluminum ceiling grid and tiles, painting of exterior porch soffits, walls and doors and new light fixtures. 2) Construction of an enclosed glass cabinet to conceal the counter in Room 116 and miscellaneous electrical changes for security system and light fixtures. 3) Construction of a closet to conceal the main terminal switch for phone and computers in 2nd floor offices. 4) Furnish and install new paper towel dispensers in restrooms. 5) 2nd Floor concession area will be equipped with one beverage dispenser. This requires the installation of an ice bin and modification to the sink and countertop. 6) Ticket Office - The original counter in the Ticket office was scheduled to remain as it was constructed in 1982. It was not ADA compliant nor is it a convenient and efficient workspace for staff. New cabinets will be designed to accommodate computerized ticket processing equipment and additional staff during crowded sales events. 7) Restroom Partitions - In the original design, the restroom partitions were to be constructed of "Silestone", a natural quartz product. This material, usually used for countertops, is heavy and not practical for restroom partition walls and doors. This material was deleted and substituted with a lighter weight laminate product resulting in a substantial credit of $42,352.00 to the cost of the project. Change Order No. 17 in an amount of $15,064.00 includes: 1) Addition of two new circuits in the north and south corridors for lighting. Two fixtures will be on separate circuits so as to not overload the main generator backup circuit used in case of an emergency. This change was made at the recommendation of the electrical engineer for this project. 2) Auditorium return air system was installed incorrectly during the 1982 renovation. Part of the system was not connected to the air conditioning unit and electrical conduit was installed incorrectly. According to our Building Services Manager, there had been unresolved problems with the air conditioning unit but until the ceiling was opened during the remediation, the cause of the problem was not known. This cost includes building a new 20 ft. extension and removing existing grid and plaster. 3) Lamps in the auditorium ceiling are difficult to change because of limited access. All light bulbs were replaced while scaffolding was in place. Change Order No. 18 in the amount of $1,487.06 includes: • Electrical upgrades to allow for control of the 2nd floor corridor lighting from the control room. Allows staff to remotely flash lights to signify end of intermission; and, WHEREAS, Change Order No. 19 in the amount of $7,688.10 was executed on February 21, 2007 for thirteen (13) new slab doors & four (4) new double units including jambs, & installation of new doors and frames; and, WHEREAS, Change Order No. 20 was required to install new front entry doors in the amount of $29,925 thereby increasing the contract to $2,163,089.11.; and, WHEREAS, Change Order No. 21 was required to furnish and install new hardware on secondaryfront entry doors and auditorium entrance doors on the first and second floors in the amount of $38,778.60 thereby increasing the contract to $2,201,867.71; and, WHEREAS, Change Order No. 22 is required to refurbish the auditorium floor in the amount of $28,184.89 thereby increasing the contract amount to $2,230,052.60. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the City Manager be and he is hereby authorized to execute Change Order No.22 in the amount of $28,184.89 thereby increasing the contract to $2,230,052.60. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - C� City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 12, 2007 REQUESTED ACTION: Council consider annual contracts for the purchase of traffic marking materials. RECOMMENDATION Administration recommends the award of annual contracts to purchase traffic marking materials for the unit prices as stated in the attached bid tabulations from Trantex, Inc. of Houston, Texas in the annual estimated amount of $29,635 and from Vulcan Signs of Foley, Alabama in the annual estimated amount of $37,467. BACKGROUND Sealed bids were received for annual contracts to purchase a variety of traffic marking materials on an as needed basis by the Public Works Department, Transportation Division. These materials will be used in the maintenance and installation of traffic directional marking devices. The specifications divide products into groups of similar items, such as vinyl reflective sheeting, ceramic raised markers, pavement marking paint, sign posts, and sign blanks. Specifications indicate that all sections of similar products are awarded to the lowest overall bidder per section while a Miscellaneous section is awarded to the lowest qualified bidder per item. Trantex Inc. of Houston submitted the lowest qualified bid for traffic paint and epoxy adhesive in the Miscellaneous section resulting in an annual estimated contract award total of $29,635. Vulcan Signs submitted the lowest qualified bid for galvanized sign posts in the Miscellaneous section as well as the lowest overall qualified bid for the Signs and Sign Blank sections resulting in a combined annual estimated contract of $37,467. See attached tabulation for further details and unit prices. BUDGETARYIMPACT Funds are available for these expenditures in the Public Works Transportation Division's operating budget. T LU O Q CL J Q LU O Z Y Ix 99 Q N E LL ,f- N LL T h- Q 00 aN 04 Z ~ n Z N Q W 0 HLL LL OG Z W OD aILM F- O z 000 mmm O O go O N 4a V Z QZ LL F- 0 U) 2 W F - 0 O J g W Q 0 Z Y Q v LL 4LL citF 0 LL z 0 V Q D Z 2 Z 0 g m 0 m a N I- O N c� 6 Q 0 U) t1: x N Hr - 0 H LL Q 0 Z W m 0z _GG_ m m N W 0 a X 0 F- H t00 �,+ O O c �} 00 i9 O N n fA p p OO N O) O r n N 0LO a I to O rn H4 i N O) p NN O o(�i O) O O) N O n M f0 fA n O T- O 0000aioGon(non a GD N O'O.O O) �(pp 00 N j M N O O�U) 0 n LO 0 n M v n M U) (O N O ao r O ri pp a0 U) Oi e� I O�O 000 N opf (o (00 r to 0 (nut t0 0 ao O N O N N N !9 l . 69 M N to fA to N I f9 v, i9 N 69 N 6.1, N EN9 cc M m m' 4. N C ' OIOp1 N (NOIR n 61 Cl) M N M �{ 00 O) (o N (O vIr N o r N U) O Of C)'O co O) M OD to O) N n O rn IM Ol N n M N NDN) _O _M M ��i- N (V OG p N N n N N p M _O II --- -_._ ---'N 0 �p O 0 O N Cl O IOD 0 O Ic n O�O U) N NIN O (o n O U n^ I O i OO (O N N N O m M n N c, (O M a0 OO (O n N 'C pp N to r N (OOO (co, tA�d9 _ n (c,' EAIFA LO Cl) OM O O 0DHTn LO ` X C r N M N— (�I N NN N (O N O N NuNO(OOO OD N N p O -�N O I DI I� n N- ao 09, Oni.�l� 0 h N I I W) N � fM N N (y N U)(OD M NIN (O N) N N N N 00 1 0)Iri(O C� i N tO r SIN (O Ci tp r NIN MI(O ! N' CV Op (O N C4 N 00 N O M �[) tt N 0 N ()0�niO� N N,NIN If M I O I O it I, I 0 o y 0 cO 0 0 0 ci N o I 0 n LO C,O p p L n M O (n o O N O (� C �{ OD o O O co o'(� (O n tt n 0 0 O a 0 0 N at 0'(n 0 OO n N U) O OIo O 0 O n O U) 0 V o I M u� N t0 ,� O '0 O n o n O (D $ip N U) r _ O r Q; O p , M U) o O O O o I O co U) 00 1 O, 00 �I 00 0 N N MI rNN M N N,IN N.N N N N NIN NIS Ir � MO U O .0 (O O N n LO rn t0 00 M O) N O M U) O N 00 r O ao N t0 M r M t0 O to O 0p t0 (� � (� NIM Ui NiN g ((') Cl) MIM N to N N tD Cl) N O) N a (V N r- N n N N OD N O M N Ui M tV N a (o N n n to co M N I M d' N O N r MINI � I i I Z (� .«�. 00 O p eO� 0 Op N_ (o M O O`Ln CO p O O (n M n pIp O M O O O N M n O O O O (n ((pp0 (O ODI � O (O O O O to O U) Ui O O O O-Lci C, (O (O i Of aD. _ C OO r d' O (o r M�N+a n r�, -" aOD N 0) NiN N Nf ' N eOe�� fo N N n N w" &), Cl)N N � � N Cl) Goo N i ttO��}) to � �' , "- LO ; � N t G C N' ErHfliiN jI I N ICA E i I i I '(O I I I O 0 I NN I,INniM (AlN %- Q6 N tO 0)O0M00 I I N to n N Cl) to (D �et IO Nt0 O (O COnI OD OD OiO (P �ry rvT NN40 I ; ICO :a Nr ;I moo0GO O O O O ! o O U) O o(t)n$oo(n(nn O M O O O O ((') U) U) noon M O U) O 0 O 0 O 0 0 oo�I 0 O in o c� co ao Cl)D ai to o n: M I� n (� t0 cc tno M (o �j of O CO (D m M OD n 00 00 N O tsi (O , O) wi O N M O OD QN 44% to rN�N NIM N N�N N�N,N N N N;6N9 N N f09 6�9�r1r NINIr rI ->. --� :' -- � l C A M ao tO M N o) r Uf M a � Op Go M N M U)c lV M r I M (f> n1 NiN a O C.) w U) r N o) W e- N ao to to N m (+f M N It r A N n ' r N CI M N � M M (h r tV N OI t, l Ui N r to tD N M t0 0 M' o 0 O NIM n OD C4 ao A t0 N � I Qj M � V) Cd Ni IY Y.WiYY -he Y Y m O CI O Y YI C AC Y c Y C Y c ad cl l0 Y O) G C 10� m a m a cI a a m (o m m m a� a •� � .n � W a a��� c a Y rn Q) N C O) N O)I — C) CO O) (0 c) •M C .� c O) c O) C 0 O) 'CO O) ''A Y C t6 Q C C O) .N G Ol .0) a C O) C O •y c d1 •N c OI •40 C �I c N Ol E 'y C' l0 W Z O E' E E E EI 3>> E E. E H E m E y E>> E E a G N a E >> E E E E E N cI E a, c O F a E E>> C E G E C E; c E C E 7 E 7 E 7 E O C EI G E c c E G E 5 G C >i C �;� 'O E c m m E E c) m �I i gy C)i m= m m m >i> m m > m �isDv 3 m 3 m m 10 E 2 m 10 31 m m= E = m >> m m? E m m m 'R g v m m E E 3 c Y,, 0 �S 0 F, W ❑ 1.8 N - m N N N a N N -a N •O a) N w N N N N N N •p N_ •O 7 m N N N .O m N N 'O m�lm'N N N L SIE N 7 IC50 m C �I O C O' C r C OI CI O C 'O O O 'D O O cI O. cl� O O O �1 O' a O m 3 C -p m O' m O i Z'. W m C m,x m - ml m m m C m c m C m G m_ m m Nvai c c c� O C c cI z CD , IT x � OD 'O' ' pp : S 00 OVO p M `7 O _ fV _ CO et N ODIC o O ('o OO v N v CV xb � ('M (O M ;D M (o M, m M� i� U) I J XI MIX X xix x NIM rirli� ill Wii� X'; Ir I J ci C N ? t0 r . �Ip10 N M N.�X :� (O �6: lD O v N rlMl O O M N r qD X101�tr.(v) N N I O �- ZD M{M�et O W (o C', _. F_ st -a Z T IO 0O l 00.00 O O p O O O( b p O 0 o 0 O O �1-1 I HO (no 0 o,O (0...0 p Oi0 O .- N �-1—I� � L �NIL �N M LLI z a LL t V N O N r LL (� v� 00 0 U) J � � � M z P Z N Q NULL Qac J Z W m Qwz CLM H02 000 mmm - 010000 o 0 o n o $ool00000 ol0 0 0 0 0 0 a (D C p ~ C CNO G (M+l C� M (MO M ry 0 N N O O b O t] G b C M G O M l6 0 m M M M M M f9 M M I N MIM t O M 0 0 0 0 0 (A M pMj M M w HJ LO N fV 0(ID O C O O O M MIM M M MIM _X i coO_ 76 O O Or Op0I 0 0 0 O O O O p0 O I ~ov Ws.. a W2 N 0) Orn 0) �'i m4 �_ uM)o�o i p M M M M M M M M M M M M m ce c N D r W (M0 c)n rrpN W N 0) N 0) N M V Wr<rO (0 ( MIiain'f9in6.3. OW MmiA m COLN 6 O a IMI I - { � 1 IC o 0 'n�o 0 0 0 0 0 o 0 o W 00 M o 000�n o 0 0 of 0 01 0 0 �nLOOo 00 v 0l o� o aoa}}f N �►j-~6"Ge 6% i0 IMMM� Y IMAM m v i� _tM _aa0O p' 00 CO OD NOi NOi NOi7 I� m r O) M co M (0 M M M M M0 M �eS�S o$ a S'o �� LO.�{ o� U O ~ 7 CO N Oa M � N N OD MMI CON Mfg V NM W a�e��8i8 Ee�D GD M N E9 M f9 3 1 6 G& (O M 0— N OI O '' c C V M to ��7 v 7 N N W 00 M VI� MIM PjW OD M W m W (D W f0 C'j04 M N i D r M () c) (O fA V.. <- M W N Of M 0 M to M�69 OD � i I — —~N I ' O O O, N j C) O p p a 0 0 p OO O O O O 0 O 0 O 0 o O U Z j C N M CO �y a�D O (^O O N t0 (O aO O NW � WN In W M po) COI M fAjM N 61'.; tV M f9 O Mj3 N M M M m M M M M M M MI W M yj C cm MI I i mI'C0 'DI 'co (�') W NIN 0I0 1 1 WIN f0 M N M N M M 01616 MI M 7' M r I M P M P M P M M M IM M j I� 0 UR N 0 r� 0 O 0 O n 0 �lp'7 . OHO M Ui W O (Op 1 O M ao O M CO O M CO O O 0_D O0 O' O O� O pf g p M 8 04 N Orf W cWv rNi Q�II MINIM N N M M N M V IM IM MIN M f9. C4 MIM P n1 N IOL ... Nf W Of O f()' N N' P P P P W N c fO fO N P N M P OV N " 00 Ib .� — Oi W OI 01 W 0 M M 00 M 00 MINIM oD aa A w'N 40W. WF N N N N 'm N N1O► � C9i =1tYI I rnj z m� w�+W- v I '�c mI = o c IIS w i� ; aIw(ocn _ cgf0`�'c ni�c0 g'ti 2P R d V1 T T cm O J Q N W x N O IW� I CC) di df p � y j _N (L� ;: j � pCp Z M " 10 t co m m CD I OMo V) e= j � 04 V) M 104 O I -� V LU ei x x eN- x eN-I x c07 x {h �OIfO�/�IO�1 (xpllxplt�pl(nplCO CfI Kflt9 txx x IhI x NII, w NI F< O W 2 "000,olo[,U-.joIool0000$o I � I N_ d Mi X10 O M M M���_ N Nus I O O O P coM f1► U) z 0 z U D 0 W Q RESOLUTION NO. WHEREAS, bids were received for an annual contract for the purchase of traffic marking materials for the Public Works Department, Transportation Division; and, WHEREAS, Trantex, Inc., Houston, Texas, and Vulcan Signs, Foley, Alabama, submitted bids respectively in the amounts of $29,635 and $37,467 as shown on the attached Exhibit "A"; and, WHEREAS, City Council is of the opinion that the bids submitted by Trantex, Inc., Houston, Texas, and Vulcan Signs, Foley, Alabama, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids submitted by Trantex, Inc., Houston, Texas, and Vulcan Signs, Foley, Alabama, for an annual contract for the purchase of traffic marking materials for the Public Works Department, Transportation Division respectively in the amounts of $29,635 and $37;,467 as shown on the attached Exhibit "A" be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - MISCELLANEOUS SECTION Trantex, Inc. Houston, TX Qty DESCRIPTION Unit Total 1100 Yellow traffic paint, 55 gal $8.98 $9,878.00 1100 White traffic paint, 55 gal $8.72 $9,592.00 300 White Aexcel Gorilla Paint, 5 gal $14.45 $4,335.00 200 Yellow Aexcel Gorilla Paint, 5 gal $15.50 $3,100.00 50 Part A &Part B epoxy adhesive, 2 gal kit $54.60 1 $2,730.00 50 TOTAL SECTION: $12.15 $29,635.00 TOTAL ITEMS TO TRANTEX INC: $29,635.00 MISCELLANEOUS SECTION Vulcan Signs Foley, AL Qty DESCRIPTION Unit Total 750 2-3/8" OD x 13' sign posts $19.79 $14,842.50 TOTAL SECTION: $14,842.50 SIGN BLANK SECTION Vulcan Signs Foley, AL Qty DESCRIPTION Unit Total 50 24" X 48" anodized aluminum sign blank $17.92 $896.00 100 6" X 36" anodized aluminum sign blank $3.68 $368.00 100 18" X 18" anodized aluminum sign blank $5.19 $519.00 200 24" X 24" anodized aluminum sign blank $8.84 $1,768.00 100 30" X 30" anodized aluminum sign blank $13.71 $1,371.00 50 16'X 48" anodized aluminum sign blank $12.15 $607.50 150 24" X 30" anodized aluminum sign blank $11.01 $1,651.50 300 6" X 24" anodized aluminum sign blank $2.56 $768.00 150 6" X 30" anodized aluminum sign blank $3.09 $463.50 25 6" X 12" anodized aluminum sign blank $1.59 $39.75 100 6" X 18" anodized aluminum sign blank $1.99 $199.00 100 18" X 24" anodized aluminum sign blank $6.68 $668.00 100 12" X 18" anodized aluminum sign blank $3.39 $339.00 25 30" anodized aluminum sign blank triangle $7.14 $178.50 50 30" X 30" anodized al sign blank pentagon $12.97 $648.50 25 12" X 48" anodized aluminum sign blank $9.15 $228.75 15 18" X 48" anodized aluminum sign blank $13.61 $204.15 75 9" X 12" anodized aluminum sign blank $2.13 $159.75 15 12" X 30" anodized aluminum sign blank $5.79 $86.85 100 12" X 36" anodized aluminum sign blank $6.91 $691.00 25 30" X 36" anodized aluminum sign blank $16.63 $415.75 50 36" X 36" square anodized al sign blank $20.00 $1,000.00 100 30" octagon anodized aluminum sign blank $12.87 $1,287.00 50 48" X 36" anodized aluminum sign blank $26.98 $1,349.00 50 36" anodized alumiumum sign blank triangle $9.97 $498.50 50 24" anodized octagon aluminum sign blank $8.39 $419.50 TOTAL SIGN BLANK SECTION: $16,825.50 EXHIBIT `A' SIGNS SECTION Vulcan Signs Foley, AL Qty DESCRIPTION Unit Total 50 16" x 48" eng. grade sign faces Gr/Wh $6.53 $326.50 100 12" x 36" one-way R-6-1 left $2.79 $279.00 100 12" x 36" one-way R-6-1 right $2.79 $279.00 50 30" x 30" stop sign faces R1-1 (HI) $11.41 $570.50 50 30" x 30" R5-1 DO NOT ENTER $5.81 $290.50 25 6" x 18" R-1-4 ALL WAY $1.10 $27.50 50 36" x 36" W -3-3A signal ahead $9.95 $497.50 50 36" x 36" W-3-1 a stop ahead $9.95 $497.50 50 36" R1-2 Yield faces $3.92 $196.00 50 36" S1-1 School advance $8.37 $418.50 50 36" S2-1 School x-ing $8.37 $418.50 50 36" x 36" W11-2 ped. advance $8.37 $418.50 50 36" x 36" W11 A-2 ped. crossing $8.37 $418.50 100 24" x 24" R5-2 no trucks $4.29 $429.00 100 24" stop sign faces MR1-1 (HI) $7.32 $732.00 TOTAL SIGNS SECTION: $5,799.00 TOTAL ITEMS TO VULCAN SIGNS: $37,467.00 H TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Max Duplant, Chief Financial Officer March 20, 2007 March 12, 2007 Council consider award of a bid to construct a new shelter at Sprott Park. RECOMMENDATION Administration recommends awarding a bid for furnishing all labor, supplies, materials, and equipment for construction of a new shelter at Sprott Park to Bruce's General Construction, Inc. of Beaumont in the total amount of $27,900. BACKGROUND Bids were solicited for the construction of a shelter at Sprott Park. Bid notices were provided to twenty-four (24) vendors. Two (2) bids were received as indicated below. The existing structure at the site was damaged by Hurricane Rita. The scope of work for construction includes all labor, supplies, materials, and equipment to build an 18' x 18' wood framed shelter with metal roof, benches, and a new concrete foundation. The completion time is estimated to be 60 days. Contractor Price Bruce's General Construction, Inc., Beaumont, TX $27,900 Homeland Contractors, Beaumont, TX $280,000 BUDGETARYIMPACT Funding will be provided by insurance proceeds. RESOLUTION NO. WHEREAS, bids were received for furnishing all labor, supplies, materials, and equipment for construction of a new shelter at Sprott Park; and, WHEREAS, Bruce's General Construction, Inc., Beaumont, Texas, submitted a bid in the amount of $27,900; and, WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General Construction, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Bruce's General Construction, Inc., Beaumont, Texas, for furnishing all labor, supplies, materials, and equipment for construction of a new shelter at Sprott Park in the amount of $27,900 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - 1 City Council Agenda Item iuv,i M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 12, 2007 REQUESTED ACTION: Council consider the purchase of Self Contained Breathing Apparatus (SCBA) and air cylinders for the Fire Department. RECOMMENDATION Administration recommends the purchase of six (6) SCBA units and air cylinders from Municipal Emergency Services of Houston, TX for $25,848. BACKGROUND The SCBA breathing mask and air cylinders are used to provide a safe supply of fresh air to firefighters while working in hazardous environments. The air cylinders provide forty-five (45) minutes of compressed breathing air which flows into the firefighter's full -face SCBA breathing mask. Ten (10) vendors were notified and the following three (3) bids were received: VENDOR SCBA* AIR CYLINDER* QTY TOTAL Municipal Emergency Services, Houston, TX $3,541.00 ea. $767.00 ea. 6 $25,848.00 Dooley Tackaberry, Deer Park, TX $3,657.15 ea. $776.30 ea. 6 $26,600.70 First Response Products, Scottsdale, AZ $4,214.68 ea. $910.46 ea. 6 $30,750.84 * SCBA is Scott Model 804935-1002 including Scott 4500 psi SCBA Type Air Mark, Quick Connect Regulator, Pak - Alert SE and Quick Charge. ** Air Cylinder is Scott Model 804722-01 4500 psi Carbon Fiber 45 -minute Cylinder. Purchase of Self Contained Breathing Apparatus March 12, 2007 Page 2 In 1999, the Fire Department implemented a replacement program for SCBA units. Each unit has a life of approximately fifteen (15) years. The Fire Department has 106 SCBA units and continuously replaces units as they become obsolete. BUDGETARYIMPACT Funds are available in the Capital Reserve Fund for this purchase in the amount of $25,848. RESOLUTION NO. WHEREAS, bids were received for the purchase of six (6) Self Contained Breathing Apparatus (SCBA) and air cylinders for the Fire Department; and, WHEREAS, Municipal Emergency Services, Houston, Texas, submitted a bid in the amount of $25,848; and, WHEREAS, City Council is of the opinion that the bid submitted by Municipal Emergency Services, Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Municipal Emergency Services, Houston, Texas, for the purchase of six (6) Self Contained Breathing Apparatus (SCBA) and air cylinders for the Fire Department in the amount of $25,848 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - J City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 13, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Lease Agreement with David Derharoutian. RECOMMENDATION Administration recommends authorizing the City Manager to execute a one (1) year Lease Agreement with David Derharoutian (Landlord) for the use of property located at 8155 Phelan Blvd., Beaumont, Texas. BACKGROUND On April 1, 2004 the City of Beaumont entered into a three (3) year lease with the Landlord for the use of property located at 8155 Phelan Blvd. for operation of EMS Med Station No. 4. That lease will expire on March 31, 2007. Ingrid Holmes, Public Health Director, reports they now want to enter into a one (1) year agreement only, as they are looking for another location for its operations. The Landlord has agreed to a one year lease at a rate of $896 per month, which represents a twelve percent (12%) increase over the previous rental rate. The new lease provides for a hold over option on. a month-to-month basis at the same rate. As in the previous lease, all utilities will be paid by the City. Minor maintenance of the facility, such as a/c filter replacement and grounds maintenance, will be the responsibility of the City. The Landlord no longer lives in the this area and is using American Real Estate to broker the Lease. A copy of the proposed lease in its substantial form is attached for your review. BUDGETARYIMPACT Funds for the $896 per month expense, or $10,752 total, are available in the EMS Division's operating budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one (1) year Lease Agreement with David Derharoutian (Landlord) for $896 per month for property located at 8155 Phelan Blvd., Beaumont, Texas, for operation of EMS Med Station No. 4. The Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - 40P TEXAS AssoCwnw of REALToRn COMMERCIAL LEASE U86 OF THS FOAM NY PERSONS WHO ARE NOT Uetir6ER8 OF TNG TEXAS ASSOMTFON OF REALTORW 15 NOTAUTHOWED. *Toms A9&ad&yen e/ REA1.TORM, Inc 2002 1. PARTIES: The parties to this lease are: Tenant. cl-Ty OV BEAUMONT P.O. 8oX 3827 BEAMONT,-TX. 77704 — ;and Landlord: DA`%ID DER AROUTIAN ; and 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property, known as the "leased premises," along With all its improvements (Check only one box): d (1) Multiple -Tenant Property: Suite or Unit Number containing approximately square feet of rentable area in (building name) at (address) in (city), (county), Texas, which Is legally described on attached Exhibit or as follows: d (2) Single -Tenant Property: The real property at: 8155 PHELAN (address) in BEAUMONT (City), JEFFE_ oN (county), Texas, which is legally described on attached Exhibit c wiLLiAms oras follows: ABSTRACT 59 TR 72-A SP -6 BLX. 18 B. if Paragraph 2A(1) applies: (1) "Property" means the building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks; and (2) the parties agree that the rentable area of the leased premise's may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. 3. TERM: A. Term: The term of this lease is 12 months and o days, commencing on: APRIL 1, 2007 (Commencement Date) and ending on MARCH 31„ 2008 (Expiration Date). (TAR -2101) 6-7-02 Initialed for Identification by Tenarft: , and Landlord: page 2 Of 15 Produced With ZipForm"" by RE FormSNet, td.0 10025 Fifteen Mile Road. Clinton Township, MieNgan 48035 wwwziaform.com 8155 PHM AN.2f Z 'd ZlL 'ON hViS3 ld3d WIfl& EXHIBIT "A" 8155 PHET.SN Commercial Lease concerning: BEAaUMONT. TX 77706 B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that Is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will n*ot be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of.days, so that the length of this lease remains unchanged- If Tenant is unable to occupy the leased premises after the 90th day after the Commencement Date because of construction on the leased premises to be completed. by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs. C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the leased premises if required by a governmental body. 4. RENT AND EXPENSES: A. Base Monthly Rent On or before the first day of each month 06ring this lease, Tenant will pay Landlord base monthly rent as described on attached Exhibit — or as follows: . from_?'_r±1 1, 2007 to March 31. 2008 $ 896.00 from to $ from- to $ from to from $ ' to $ B. First Full Month's Rent: The first full base monthly rent is due on or before Aril 1 2007 C. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. D. Additional Rent: In addition to the base monthly rent and prorated rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply.): (1) Commercial Expense Reimbursement Addendum f] (2) Commercial Percentage Rent Addendum I3 (3) Commercial Parking Addendum C) (4) All amounts payable under the applicable addenda are deemed to be "rent' for the purposes of this lease. E_ Place of Pavment Tenant will remit all amounts due Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Name: DAVID DE OUTM= c/o STACY TYWATER Address: SEAUMoNT AREA FEDEAnT. CREDIT .ON (TAR -2101) 6-7-02 Initialed for Identification by Tenants: , and Laindlord: Page 3 of 15 Produced with MpForml" by RE Form&Net LLC 18025 Fifteen Mite ROed, Linton Towrailo. WreNgan 48035 wAw,2k5form.com 81551' ,AN.zf d llL 'ON hViS3 lfl3 NVOId3W'd WO Z LOOT 'El 'M 8155 PUZLAN Commercial Lease concerning: SEAUMONT, TX 77706 F. Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is returned to Landlord by the institution on which It was drawn, Landlord after providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this Lease for Tenant's failure to make timely payments with good funds. G. Late Cham- es: If Landlord does not actually receive a rent payment at the designated place of payment within 5 days after the date it is due, Tenant will pay Landlord a late change equal to 5% of the amount due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is' a cost associated with the collection of rent and Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 20. H. Returned Checks: Tenant will pay $ 25.00 (not to exceed $25) for each check Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. 5, SECURITY DEPOSIT: A. Upon execution of this lease, Tenant will pay $ to Landlord as a security deposit. B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. if Landlord applies any part of the security deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the sedurity deposit to the amount stated. C. After Tenant surrenders the leased premises to Landlord and provides Landlord written notice of Tenant's forwarding address, Landlord,will, not later than the time required by §93.005, Texas Property Code, refund the security deposit less any amounts applied toward amounts owed by Tenant or other charges authorized by this lease. The parties agree that Landlord acts in good faith if Landlord accounts for the security deposit within the time stated. 6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connectioncharges for the utilities. (Check all that apply.) (TAR -2101) 6-7.02 Initialed for Identification by Tenants: , and Landlord: '( Page 4 of 15 Produced with ZipForm- by RE FormsNat LLC 18025 Fifteen Mite Road, Clinton Township, Michigan 48033 WwwaidQnn.gM 55 F1MkNzf ti 'd ZlL 'ON hViS3 ld3a WIflffl W860:Z LON '�l 'M NA Landlord Tenant (1) Water a d a (2) Sewer d ❑ d 3 Electric El (4) Gasx ❑ ❑ ❑ 5 (6) Telephone Trash d ❑ Q 7 O Cable (8) — D ❑ x ❑ (9) All other utilities ❑ a (TAR -2101) 6-7.02 Initialed for Identification by Tenants: , and Landlord: '( Page 4 of 15 Produced with ZipForm- by RE FormsNat LLC 18025 Fifteen Mite Road, Clinton Township, Michigan 48033 WwwaidQnn.gM 55 F1MkNzf ti 'd ZlL 'ON hViS3 ld3a WIflffl W860:Z LON '�l 'M $155 PIMLAX Commercial Lease conceming: BEAUMON'>±,r..TX 77706 e. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the. utility service provider except that if Tenant selects the provider any access or alterations to the Property or leased premises necessary for the utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's Intended use. D. After -Hours HVAC Charges: "HVAC services" means the utility expenses to heat and cool the leased premises. (Check one box only.) a (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. a (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified under Paragraph 9C. for no additional charge and will, at Tenants, request, provide HVAC services to the leased premises during other hours for an additional charge of $ per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request to provide the additional HVAC services under this paragraph. d (3) Tenant will pay for the HVAC services under this lease. 8, INSURANCE: Cj-r j 15 SE-LIV INS(ARE-t> - A MIA^^ !WI ti=e WE- 10220 112 1RAIM-4 TORaRt must, atTenaiqVa expense, fna!084A in 4WI18FOe 8-4—f� an insurer authorized to operate in Texas: (1) pu ' liability insurance in an amount not less than $1,000,000.00 on an ocacurrenc sis naming Landlor an additional insured; and (2) personal pro damage insurance for Tenant's business operations contents on the leased premises in an am t sufficient to replace such contents after a ca loss. B. Before the Commencement Date, nant must provide Lan with a copy of the insurance certificates evidencing the required coverage. Ifinsuran age changes in any manner or degree at any time this lease is in effect, Tenant must, no 10 days after the change, provide Landlord a copy of an insurance certificate evidenein ge.'-'-' C. if Tenant fails to maintain th fired insurance In full for effect at all times this lease is in effect, Landlord may: (1) purchase In that will provide Landlord the same Covera the required insurance and Tenant immediately reimburse Landlord for such expense; or (2) e _ e Landlord's remedies under Paragraph 20. P -"Unless the parties agree otherwise, Landlord will, at Landlord's expense, maintain in full fond effect insurance for fire and extended coverage in an amount to cover the reasonable replacement co the improvements Jof the Property and public liability insurance in an amount that Landlord determin (TAR -2101) 6-7-02 Initialed for Idlantification by Tenants_ and Landlord: Page 5 of 15 Produced with DgFonn'" by RE For=Net, LLC 18025 Fifteen Wits Road, Canton Township, Michigan 48035 www.Aoform.com 8255 PHEL.AN.zf S 'd ZlL 'ON hViS3 ]VH WI AV WdOI Z LOOZ 'El 'M 8155 PEELAN Commercial Lease conceming: S TX 77706 E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the Increase immediately after Landlord notifies Tenant of the increase. Any charge to Tenant under � this aragraph will be e <� ual o the actual amount of the increase in Landlord's Insurance premium&4bm4 b �a - e. e,<4-4 pvvm4es � ►,�S use S. USE AND HOURS: A. Tenant may use the leased premises for the following purpose and no other: EMERGENCY MWICAL ` - sERVICE FOR CI Y OF BEADMbNT INCLUDING STORAGE QF IIMRGENCY M -UT AND LIVING QUARTERS FOR EMPLOYEES B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased premises during business hours that are typical of the Industry in which Tenant represents it operates. C. The Property maintains operating hours of (specify hours, .days of week, and if inclusive or exclusive of weekends and holidays): 2A XQW A DAY - SEVEN DAYS A WEEK 10. LEGAL COMPLIANCE: A. Tenant may not use or permit any part of the leased premises to be used for: (1) any activity which is a nuisance or is offensive, noisy, or dangerous; (2) any activity that interferes with any other tenant's normal business operations or. Landlord's management of the Property; (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant, governmental order, owners' association rules, tenants' association. rules, Landlord's rules or regulations, or this lease; (4) any hazardous activity that would require any insurance premium an the Property or leased premises to increase or that would void any such insurance; (5) any activity that violates any applicable federal, state, or local law, Including but not limited to those laws related to air quality; water quality, hazardous materials, wastewater, waste disposal, air emissions, or other envlronmental matters; (6) the permanent or temporary storage of any hazardous material; or (7) B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law, regulation, ordinance, or rule existing as of the date of this lease or later enacted. C.? Landlord does not represent or warrant that the leased premises or Property cionforrn to applicable restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that the leased premises may be used as Tenant intends by independently investi ting all matters related to the use of the leased premises or Proaerty, Tenant agrees that it is not relying on any warranty or representation made by Landlord Landlord's agent, or a- y_ broker concerning the use of the leased premises or Prooertv. (TAR -2101) 6.7.02 Initiated for Identification by Tenants: and Landlord: 'C Page 6 of 15 Produced with MpFormTM by RE FofmsNet, LLC 18025 Fifteen !Nils Road, Clintan Township. Whigain 48035 WwW.iloform.eom 8155 PHELAN-Zf 9 'd ZlL 'ON hViS3 IV3� NVOAMd NldOl l LOOZ 'El 'M 8155 PEMLM Commercial Lease concerning: BRADMOMTR 77706 11. SIGNS: A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign. B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove any authorized sign to complete repairs or alterations to the leased premises or the Property. C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move -out and at Tenant's expense, to remove, without damage to the Property or leased premises, any or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 12. ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may .access the leased premises after Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the leased premises. B. During the last 3e days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises. 13. MOVE -IN CONDITION: Tenant has inspected the leased premises and accepts it in Its present (as -is) condition unless expressly noted otherwise in this lease. Landlord and any aoent have made no express or implied warranties as to the condition or permitted use of the leased premises or Property. 14. MOVE -OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY: A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash, debris, personal property, hazardous materials, and environmental contaminants. B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal . property by providing written notice to Tenant; or (2) retain such personal property as forfeited property to Landlord. C. "Surrender" means vacating the leased prennises and returning all keys and access devices to Landlord. "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. . D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move -out and at Tenant's expense, to remove, without damage to the Property or. leased premises, any or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. (TAR -2101) 6-7-02 initialed for Identification by Tenants: , and Landlord: Page 7 of 15 Produced with Zi;Form"A by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township. Mchigan 45035 www.zi0_f=_c6M 8155 PHELAN.zf L d ZlL 'ON 31d1S3 lfd NVOIflM WdOI Z LOOZ 'El 'M 8155 PBELM Commercial Lease concerning: BEAUM UNT TX 77706 15. MAINTENANCE AND REPAIR$: A. Cieanitl :Tenant must k ep the leased premises dean and sanitary and promptly dispose of all garbage rn appropriate re�ptacles. a Landlord d Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the Property type. B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants, C. Repair and Maintenance Responsibility: Except as provided by Paragraph 158, the party designated below, at its expense, is responsible to maintain and repair the following specified items In the leased premises. The specified items must be maintained in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified Items, the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Tenant is responsible for the repair and maintenance of its personal property. (Check all that apply.) NA Landlord Tenant (1) Foundation, exterior walls, roof, and other structural components ❑ d ❑ (2) Glass and windows ❑ a d (3) Fire protection equipment and fire sprinkler systems ❑ d d (4) Exterior & overhead doors, including closure devices, molding ❑ ❑ locks, and hardware (5) Grounds maintenance, including landscaping and ground C3 ❑ sprinklers (6) Interior doors, including closure devices, frames, molding, locks, ❑ d d and hardware (7) Parking areas and walks [� ❑ ❑ (s) Plumbing systems, dr 'nage systems, electrical systems, (ballast ❑ ay hand lamp replacement, and mechanical systems, except those . specifically designated dtherwise (9) Heating Ventilation and Air Conditioning (HVAC) systems a (10) Signs and lighting: (a) Pylon ❑ ❑ d (b) Facia A (c) Monument d Q (d) Door/Suite ❑ ❑ x❑ (11) Extermination and pest control, excluding wood -destroying insects ❑ ❑ d (12) Storage yards and storage buildings ❑ ❑ a (13) Wood -destroying insect treatment and repairs ❑ d ❑ (14) Cranes and related systems a ❑ d (16) (17) All other items. and systems. [] ❑ ❑ D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons. (1'AR-2101) 6-7-02 Initialed for Identificarron by Tenants: , and Landlord- Page 8 of 15 Produced vAth ZpFarmTM by RE FomusNet, LLC 18023 FNteen Mile Road, Minton Tovmehip, Michigan 48035 wwwzfoform.com 8155 PRU AN zf 8 'd ZlL 'ON hViS3 1d3� WIER Ad I l z coot '�l 'M SIBS PBELAN Commercial Lease conceming: BEAUMONT TR 77706 E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(9), Tenant I] is Q is not required to maintain, at its expense, a regularly scheduled maintenance and service contract for the HVAC system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and charge Tenant the expense of such a maintenance and service contract or exercise Landlord's remedies under Paragraph 20. F. Common Areas: Landlord will maintain any common areas in the. Property in a manner as Landlord determines to be in the best interest of the. Property. Landlord will maintain any elevator and signs in the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and restrictions. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2) applies. G. Notice of Repairs: Tenant must promptly notify Landlord of any item that Is in need of repair and that is Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing. H. Failure to Repair: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. if Tenant fails to repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20. 16. ALTERATIONS: A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlord's written consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable non-structural alterations, modifications, or improvements to the leased premises. B. Tenant may not alter any locks or any security devices on the Property or the leased premises without Landlord's consent. if Landlord authorizes the changing, addition, or rekeying of any locks oT other security devices, Tenant must immediately deliver the new keys and access devices to Landlord. C. if a governmental order requires alteration or modification to the leased premises, the party obligated to maintain and repair the item to be modified or altered as designated in Paragraph 15 will, .at its expense, modify or alter the item in compliance with the order. D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by either party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove under Paragraph 11 or 14 or if the parties agree otherwise in writing. 17. LiENS: Tenant may not do anything that will cause the titre of the Property or leased. premises to be encumbered in any way. if Tenant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. (TAR -2101) 6-7-02 Initialed for Identification by Tenants: , artd Landlord: Page 9 of 15 Pnxlucad with ZipForm" by R6 FornsNat LLC 18025 Fifteen Mil! Road, Clinton Township, M"(9an 48033 ywwwsiefonxMM 8155'PFIEL4N 2f 6 'd � l L 'ON 31ViS3 IVD NVOIUM Nd l l i LON 'El 'M 8155 PHEZAi Commercial [-ease concerning: BEAMONT TX 77706 18. LIABILITY: 19. 0 20. DEFAULT; A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If, however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not be in default if the cure is commenced within the 30 -day period and is diligently pursued. B. If Landlord does not actually receive at the place designated for payment any rent due under this lease within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in default. C. If Tenant is in default, Landlord may: (1) terminate Tenant's right to occupy the leased. premises by providing Tenant with at least 3 days written notice; and (ii) accelerate all rents which are payable during the remainder of this lease or any renewal period without notice or demand. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable means. If Tenant is in default, Tenant will be liable for: (1) any lost rent; (2) Landlord's cost of reletting the leased premises, including brokerage fees, advertising fees, and other fees necessary to relet the leased premises; (3) repairs to the leased premises for use beyond normal wear and tear, (4) all Landlord's costs associated with eviction of Tenant, such as attorney's fees, court costs, and prejudgment interest; (5) all Landlord's costs associated with collection of rent such. as collection fees, late charges, and returned check charges; (6) cost of removing any of Tenant's equipment or fixtures left on the leased premises or Property; (7) cost to remove any trash, debris, personal property, hazardous materiels, or environmental contaminants left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased premises or Property; (8) cost to replace any unretumed .keys or access devices to the leased premises, parking areas, or Property; (9) any other recovery to which Landlord may be entitled under this lease or under laws. 21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) "lock -out" of Tenant. (YAR -2101) 6-7-02 Ihitialed for Identificatlon by Tenants: , and Landlord: _ _ � Page 10 of 15 Produced with 7rpFormTM by RE FormsNet, LLC 10025 Fifteen Mile Road. Clinton Township, MWIgan 46035 w_-w.ziofane.com 9155 PHSLANsf 0l 'd Zlt 'ON hViS3 IVH WIf3ffi Md 'Z LON '�l 'HA 8155 PF ELM Commercial Lease Concerning: R9AMQH_T TX 77700 22. HOLDOVER: if Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant -at -will and must vacate the leased premises immediately upon receipt of demand from Landlord - No holding over by Tenant, with or without the consent of Landlord, will extend this lease. Tement-wili Rent for any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily basis and will. be immediately due and payable daily without notice or demand. E-0 :�■�.:...,r,Q11 0 �,.-::.:.:,..c,...�_�..=,:�,.:._�=."-,�-.:.'.su.»�TSi:.a�.4:r3z���rar�rtiJi.�ll���i�l-f�-f[U•.��yaca���r e�J19J.'7if 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's written consent. An assignment of this lease or subletting of the leased premises without Landlord's written consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or sublease is made with or without the consent of Landlord. 25. RELOCATION: Q A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another location in the Property, provided that the other location is equal In size or larger than the leased premises then occupied by Tenant and. contains similar leasehold improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office equipment required by the relocation, and printing companies for reprinting Tenant's stationary and business cards. A relocation of Tenant will not change or affect any other provision of this lease that is then in effect, including rent and reimbursement amounts, except that the description of the suite or unit number will automatically be amended. d B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: A. This lease and Tenant's leasehold interest are and will be subject subordinate, and inferior to: (1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien, encumbrance, or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien, encumbrance, or ground lease; (5) any restrictive covenant affecting the leased promises or the Property; and (6) the rights of any owners' association affecting the leased premises or Property. B. Tenant must, on demand, execute a subordination, attornment, and non -disturbance agreement that Landlord may request that Tenant execute, provided that such agreement is made on the condition that this Pease and Tenant's rights under this lease are recognized by the lien -holder. (TAR -2101) 6.7-02 Initialed for Identification by Tenants: , and Landlord: -, A Page 11 of 15 Produced wnn ZpForm- by RE FonnsN% LLC I$= Fifteen Mile Road, Clinton Township. Michigan 4008a uWwtoform.wm 8255 PXELAN.zf l l 'd ZlL 'ON hVifl 1VD N` A30 WdZ[ :Z LOOZ 'El 'M 8155 PHELAN commercial Lease conceminn: BEAUMONJ, TX 77706 A- S. C. D. E. F. G. H. 9 cute and deliver to Landlord an estoppel certificate that identifies: a reach of the lease; the the rrent rent payment and rent schedule; the date the rent payment is due; any advance rent encs; the amount Of the secu eposit; any claim's for any offsets, 'the then current term of the lease; any renewal options; Tenant's possession and acceptance of the any ownership interest by Tenant, and premises and improvements; 28. CASUALTY LOSS: A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days after receipt of Tenants notice of a casualty loss, Landlord will notify Tenant If the leased premc5es are less -than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord failsto substantially restore within the time required, Tenant may terminate this lease. C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises to substantially the same condition as before the casualty. if Landlord chooses to restore and does not substantially restore the leased premises within the time required, Tenant may terminate this lease. D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give Tenant the option to terminate this lease by notifying Landlord within 10 days. E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the. leased premises are unusable. 29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or purchase in lieu of condemnation the leased premises or property are partially unusable for the purposes of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the property, of Landlord and Tenant has no claim. to such proceeds or award. Tenant may seek compensation from the condemning authority for its moving expenses and damages to Tenant's personal property. 30. ATTORNEYS FEES: Any person who Is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable attorney's fees, and all other costs of litigation from the nonprevailing party. (TAR -2101) 6-7-02 Initialed for Identification by Tenants: , and Landlord: Page 12 of 15 PmducM VAthZipForm" by RE Fomi&NeL LLC 15025 Fifteen Mils Rnad. Crirlon Towhahip, Michiggn 46035 wwwzieform,com 8155 PHELAN.rf l l 'd Z l L 'ON 31ViS3 IVH NVOIf 3Wd M l: Z LOOZ 8155 FHELAN Commercial Lease conoeming: BEAUT-ONT = 77706 31. IkEPRESPENTATIONS: Tenant's statements in this lease . and any application for rental are material representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any misrepresentation in this lease or In any application for rental, Tenant is in default. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or. any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except: 32. BROKERS, A. The brokers to this lease are: AMERICAN REAL ESTATE — REFI 12NESS Cooperating Broker License No. Principal Broker License No. 3550 Do1> = BgknmoNT TEXAS 77706 Address Address (409) 860-2914 (409) 866-447_3 Phone Fax Phone Fax kma-nesaL�americanmalestate com E-mail E-mail Cooperating Broker represents Tenant. Principal Broker: (Check only one box) a represents Landlord only. a representsTenent only. ❑ is an intermediary between Landlord and Tenant. B. Fees: d (1) Principal Broker's fee will be paid according to: (Check only one box). a separate written commission agreement between Principal Broker and: d Landlord ❑ Tenni. E) (b) the attached Addendum for Broker's Fee. ❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box). ❑ (a) a separate written commission agreement between Cooperating Broker and: ❑ Principal Broker a Landlord d Tenant. ❑ (b) the. attached Addendum for Broker's Fee. 33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part of this (ease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. (TAR -2101) 6-7-02 Initialed for Identification by Tenants: , and Landlord: Page 13 of 15 Produced with ZipForm"' by RE FOMSNet, LLC 18ti25 PAgen Mite Road, Clinhon Township, Michigan 48035 wW/w_t 0orm.coM 8155 FHELAN zf �l 'd ZlL 'ON hViS3 ]Vh NVOIf3Wd m[:Z L006'HA 8155 PBELAN Commercial Lease cpncem3ng: REAUMONT Tx 7706 34. NOTICES: All notices under this lease must be in writing and, are effective when hand -delivered, sent by mail, or sent by facsimile transmission to: Tenant at the leased premises, and a Copy to: =TT OF BEAOMONT - Address: R.O. BOX 3827 8EAtIMONT Tx 77704 Phone: Fax• Landlord at: DAVID DZBHN=W Address: 17214 STRATFORD rutrRN DR SUGAEL_bND TX 77478 Phone: - - - Fax: and a Copy to: DAVID DZRRAR_=_Z rs - Address:E-WUL, david derharoutian@online de Phone:.i4851241-980006 Fart: 35. SPECIAL PROVISIONS: MONTHLY. RENTS TO BE MAILED TO: STACY TYWATER BEAUMONT AREA EDUCATORS FBDERAL CREDIT UNION P.O. BOX 751 BEAUM[ONT , TEXAS 77704 All improvements to 8155 Phelan will stay with the property. If existing carpet is removed, it should be replaced. Tenant responsible for carport a electricity to carport. 36. AGREEMENT OF PARTIES: A. Entire Agreement This lease contains the entre agreement between Landlord and Tenant and may not be changed except by written agreement. B. Bindlna Effect: This lease is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination. is binding on all Tenants. D. CQnt for ling La,: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease. (1'AR-2101) 6-7-02 initialed for Identification by Tenants: , and Landlord: Page 14 of 15 Prodtmd with ZipFonn7° by RE For zt4et SLC 18028 Mft"n Mite Road, Clutton Townehip, Michigan 48035 www.xleterm MM 5155 P>; MAN 2f bl d ZlL 'ON 31d1S3 lfl3 WId3Wd LON 'El 'M 8155 PHELAN Commercial Lease conceming: EMMM , TX 7770 6 E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the remainder of this lease will not be affected and all other provisions of this lease will remain valid and enforceable. F. Wain: Landlord's delay, waiver, or non -enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. G. Quiet Enjoyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from material interference. H. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lock -out, shortage of material, governmental restriction, riot, flood, or any cause.outside Landlord's control, the time for Landlord's performance will be abated until after the delay. line: Time is of the essence. The parties require strict compliance with the times for performance. Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies, environmental assessments, tax advice, or compliance inspections. The parties should seek experts to render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease, consult your attorney BEFORE signing. CITY OF BEA M013T _ Tenant F By Date Printed Name CITY OF BRAUmoNT Title Tenant By Date Printed Name Title (TAR -2101) 6-7-02 DAVID DERHARO_UTIAN Landlord ? By Date Printed Name DAY= DERHAROU'1'rAm Title Landlord Bye - - Date Printed Name Title — Page 15 of 15 Produceo with ZipForrn- by RE ForrrtsNot. LLC 18025 Fifteen Mite Road, Clinton Township, Michigan 48035 www.zW8rM,aom 8155 PHELA%sf Sl 'd ZlL 'ON hViS3 IVH NVOIUM ME LOOZ 'El 'adW City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March, 20, 2007 AGENDA MEMO DATE: March 7, 2007 REQUESTED ACTION: Council consider a resolution accepting maintenance of water and sanitary sewer improvements in Park North, Phase II. RECOMMENDATION Administration recommends approval of the following: Water and sanitary improvements for Lots 18-25, Block 4 BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on February 20, 2007. BUDGETARY IMPACT None. ParkNorthcg.wpd K PROJECT LOCATION MAP N� PARK NORTH PHASE 11 RESOLUTION NO. WHEREAS, final inspection of water and sanitary sewer improvements constructed in Park North, Phase II was made by the Water Utilities Department as follows: Water and Sanitary Sewer Improvements: Lots 18 - 25, Block 4 WHEREAS, the developers of said addition desire to have these improvements accepted and maintained by the City; and, WHEREAS, said improvements passed final inspection and qualify for acceptance for permanent maintenance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the water and sanitary sewer improvements in Park North, Phase II are hereby accepted by the City of Beaumont and shall be maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - EMONT,TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Jim Thompson, Parks and Recreation Director March 20, 2007 March 8, 2007 L REQUESTED ACTION: Council consider authorizing the City Manager to renew the loan agreement with the National Museum of the United States Air Force. RECOMMENDATION Administration recommends approval of this action. BACKGROUND In 1992, the United States Air Force loaned the City a jet to be used only for display purposes. The jet is located at Babe D. Zaharias Park. Department of Defense regulations require the Air Force to check each year on the status of the jet to be sure that it is being used as intended. 'The National Museum of the United States Air Force, which is now charged with the responsibility of verifying the status of the jet, is requesting that the loan agreement be renewed in accordance with the original terms of the loan and federal regulations. 'The jet is an attractive addition to the park, and staff wishes to keep it there on display. BUDGETARY IMPACT 'The required costs associated with keeping the jet are minimal. The staff will investigate the cost of repainting the jet in the near future. Revised January 2007 NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE (NMUSAF) STATIC DISPLAY PROGRAM 2007 LOAN AGREEMENT, SDA0282 1.0. Parties. Pursuant to Public Law 80-421 [10 U.S.C. 2572], by this agreement, effective as of 1 April 2007 between the United States of America, hereinafter called "the Government," represented by the United States Air Force Heritage Program (USAFHP), hereinafter called "the Lender," and, CITY OF BEAUMONT hereinafter called "the Borrower," incorporated and operating under the laws of the State/Country of TX and located at BEAUMONT. The Government hereby establishes with the Borrower a loan agreement for U.S. Air Force (USAF) historical property for the period commencing 1 April 2007 and ending 31 March 2008. This agreement is not transferable. 2.0. Borrower Obligations/Costs. The Borrower has applied, in writing, for the loan of USAF historical property, and hereby agrees to accept it on an "as is, where is" basis, to be responsible for all arrangements and, in accordance with 10 USC 2572, is required to pay all costs, charges and expenses incident to the loan of this property, including the cost of preparation, demilitarization, hazardous material removal, disassembly, packing, crating, handling, transportation, and all other actions incidental to the movement of the loaned property to the Borrower's location. 3.0. Loan Conditions. 3.1. The Borrower agrees that the property shall be used for static display purposes only. Loaned aerospace vehicles will not be flown or restored to flying condition under any circumstance, nor will they be licensed with the Federal Aviation Administration (FAA). The borrower shall not remove any parts from loaned aircraft for operational usage in any airworthy aerospace vehicle. Public access to the interior of loaned aircraft (cockpit, cargo areas, etc.) is prohibited for reasons of aircraft preservation and public safety. 3.2. Due to the criticality of parts in the operational inventory, there may be occasions, after the flying units have exhausted all other sources in the USAF Supply System, that parts may be requested from the NMUSAF by the System Program Director (SPD) to support operational requirements. Such parts are internal in nature and removal or replacement does not alter the external aesthetic appearance of the aerospace vehicle. All such requests for parts removal will be forwarded to the NMUSAF for approval. 3.3. The Borrower shall not part with possession of the property or any component of the property in any manner to any third party either directly or indirectly; and the Borrower shall not enter into any negotiations with a third party regarding any future disposition of the loaned material, in all or part; and the Borrower shall not do or suffer anything to be done whereby any of the property shall or may be relocated, lost, stolen, injured or destroyed. 3.4. The Borrower agrees to use the loaned property in a careful and prudent manner; not, without prior permission of the Lender, to modify it in any way which would alter the original form, design, or the historical significance of said property, to perform routine maintenance so as not to reflect discredit on the Lender; and to display and protect it in accordance with the instructions set forth in Attachments 1, 2 and 3 which are incorporated herewith and made part of this Loan Agreement. 3.5. The Borrower agrees that any authorized additions, modifications or alterations to the property would become part of said property and upon termination of this Loan Agreement or recall of the property, will be repossessed as part of said property. Revised January 2007 4.0. Use as Security, Sale or Lease. The Borrower agrees not to use the loaned property as security for any loan, not to sell, lease, rent, lend, or exchange the property for monetary gain or otherwise under any circumstances without the prior written approval of the Lender. 5.0. Professional Photography. The Borrower shall not make or allow the use of the loaned property in any manner for still or motion video production without prior written approval. 6.0. Incident Reporting. The Borrower shall within one (1) working day of discovery, notify the NMUSAF of any instance of loss, damage or destruction of the property. 7.0. Title. The Borrower shall obtain no interest in the loaned property by reason of this agreement and title shall remain in the Lender at all times. 8.0. Receipt, Custody & Liability. 8.1. This agreement shall be executed prior to the Borrower accepting physical custody of the property. 8.2. The Borrower agrees to receipt to the Lender prior to assuming physical custody and to accept liability upon assuming physical custody of the property, to place it on exhibit within ninety (90) days, or as otherwise mutually agreed upon. 9.0. Borrowers Responsibilities. 9.1. The Borrower agrees to indemnify, save harmless, and defend the Lender from and against all claims, demands, actions, liabilities, judgments, costs, and attorney's fees, arising out of, claimed on account of, or in any manner predicated upon personal injury, death, or property damage caused by or resulting from possession and/or use of the loan property. 9.2. The Borrower will bear full financial liability for the loss or damage of USAF historical property resulting from negligence, misconduct, or willful violation of the terms of this agreement. The Borrower further agrees that, at the discretion of the Director, NMUSAF, loaned property that has been irreparably damaged, destroyed or stolen may be either replaced with an historical aerospace item of equal value or provide to the Lender monetary reimbursement for the value of the loaned property. Should loaned property have catastrophic damage beyond the Borrower's control, (i.e. tornado, hurricane, flood, etc.) the Borrower will be responsible for all cleanup and removal to the location designated by the NMUSAF. 9.3. The Borrower agrees to report as requested to the Lender on the condition and location of the property. Further, the Borrower agrees to allow authorized Department of Defense representatives access to the Borrower's records and facilities to assure accuracy of information provided by the Borrower and compliance with the terms of this Loan Agreement. 9.4. The Borrower agrees to return said property to the Lender on termination of this Loan Agreement or earlier, if it is determined that the property is no longer required, at no expense to the Lender. 10.0. Initial Loan Agreement Requirements. 10.1. The Borrower agrees to furnish the Lender with standard 3 x 5 or 4 x 6, 35mm color prints or digital images of the loaned property within thirty (30) days of the initial execution of this agreement. The accession number of the item will be clearly marked on the back of the print. If providing digital images, the image file name must be the accession number for that item. For aircraft and ballistic missiles, prints or digital images will include views showing all external surfaces including serial number and all accessible interior areas including instrument panels, avionics racks and equipment, aircrew, passenger, cargo and payload Revised January 2007 compartments, wheel wells, and bomb bays. Insure the M/D/S (model, design, series), serial number, and NMUSAF accession number is clearly marked on the back of each print. (If an aircraft or missile has been repainted to represent another airframe, label the print with the actual tail number as shown on the DD Form 1149 for that airframe.) Prints or digital images for all other artifacts will be of sufficient detail to insure positive identification of each object. 10.2. The Borrower agrees to furnish the Lender proof of insurance to include name of carrier, limits of liability, and period of coverage (copy of binder). 11.0,. Annual Loan Renewal Requirements. 11.1. The Borrower agrees to furnish the Lender with standard 3 x 5 or 4 x 6, 35 mm color prints or digital images of the loaned property. The accession number of the item will be clearly marked on the back of the print. If providing digital images, the image name must. be the accession number for that item. Prints or digital images of aircraft and missiles will provide general views to include sufficient detail to show the overall condition and serial number of the airframe. Insure the M/D/S (model, design, series), serial number on all aerospace vehicles, and NMUSAF accession number is clearly marked on the back of each print. (If an aircraft or missile has been repainted to represent another airframe, label the print with the actual tail number as shown on the DD Form 1149 for that airframe.) Prints or digital images for all other artifacts will be of sufficient detail to insure positive identification of each object. 11.2. The Borrower agrees to furnish a copy of the most recent annual financial statements and a complete IRS Form 990 (or Form 990 -EZ or Form 990 -PF), including all schedules. 11.3. The Borrower agrees to furnish the Lender proof of insurance to include name of carrier, limits of liability, and period of coverage (copy of binder). 11.4. The Borrower agrees to furnish the Lender with a signed inventory. 12.0. Display/Maintenance Requirements. 12.1. No aircraft will be renovated, reconfigured, have markings changed, or tail number altered, or any parts added, removed, or replaced as part of a planned restoration effort without prior written approval of the Director, NMUSAF. 12.2. The Borrower agrees that all aircraft, missiles and artifacts on display will have an identification sign adjacent to each display. For aircraft and missiles note the type, model, and serial number. If the aircraft or missile has been reconfigured, markings changed, or serial number altered after acquisition for display purposes, it will be stated on the sign and noted in all records as follows: "The __(item) on display is actually (nomenclature) , Serial No. , but painted and marked to depict (nomenclature) Serial No. assigned to the (unit and/or person) in (location or theater) during ear ". 12.3. The sign will state that the item is part of the NMUSAF collection as follows: "This (artifact/object) is on loan from the National Museum of the United States Air Force." 12.4. For aircraft on which the serial number has been altered for display purposes with prior written approval, the model, design and series (i.e. F -100C or F -4C) along with the original serial number will be stenciled in two inch letters using contrasting paint colors on the fuselage under the horizontal stabilizers. Revised January 2007 12.5. All record keeping will reflect the true serial number. 13.0„ Radioactive Components. 13.1. Completion of Section 2 of Air Force Form 3580, (USAF Museum Aerospace Vehicle Static Display Acceptance Condition and Safety Certificate), or comparable certification indicating that a complete radioactive material survey has been accomplished shall be included in the official file. 13.2 In accordance with Attachment 1, (National Museum of the United States Air Force Loan and Static Display Program), if radioactive items are found reinstalled during later inspections, the borrowing organization will pay the cost of removal of the radioactive items and any decontamination required. 14.0. Loan Termination. 14.1. The failure of the Borrower to observe any of the conditions set forth in this Loan Agreement and Attachments 1. 2 and 3 thereto shall be sufficient cause for the Lender to terminate the loan and repossess the loaned property. Repossession of all or any part of the loaned property by the Lender shall be made at no cost or expense to the Government; the Borrower shall defray all maintenance, freight, storage, crating, handling, transportation and other charges attributable to such repossession. 14.2. In the event the loan is terminated for cause, the provisions of this agreement will remain in effect until all borrowed property has been relocated. 14.3. Termination of the loan and subsequent repossession of all or any part of the loaned property at the option of the Borrower shall require no less than thirty (30) days advance notice to the Lender in writing. This requirement may be waived by the Lender only through the provision of a written waiver to the Borrower prior to the return of the loaned property. 14.4. The Lender reserves the right not to renew the loan agreement, in all or part, and to recall the property if required by the Lender to meet the requirements of the NMUSAF, Wright-Patterson AFB, OH or other military requirements. The Lender will provide a written thirty (30) day notice of intent to recall to the Borrower. In the event of recall, movement of the property from the Borrower's site will be accomplished at the Lender's expense. 15.0. Dispute Resolution. In the event a dispute arises between the parties over the terms of this loan agreement reasonable attempts will be undertaken to resolve the matter through negotiation between agents appointed, in writing, by the parties. In the further event that negotiations fail to reach a resolution the parties agree that federal law will apply and the Federal District Court for the Southern District of Ohio, at Dayton, Ohio, will have exclusive jurisdiction over such matters. 4 Revised January 2007 Executed on behalf of the Lender this Fifteenth Day of Januarv, 2007 at Wright-Patterson AFB OH. UNITED STATES OF AMERICA By: PATRICIA A. OCHS Title: Static Display Administrator Agency: National Museum of the United States Air Force Address: NMUSAF/MUX 1100 Spaatz St Wright-Patterson AFB OH 45433-7102 Telephone: (937) 255-5174, ext. 370 Email: patricia.ochs@wpafb.afmil Fax Number: (937) 656-4340 ACCEPTANCE The Borrower, through its authorized representative hereby accepts responsibility of the loaned property subject to the terms and conditions contained in the Loan Agreement set forth above. The Borrower certifies that they have read, understand and acknowledge that concealing a material fact and/or making a fraudulent statement in dealing with the federal government may constitute a violation of federal law. Executed on behalf of the Borrower this day of 2006, at (Name of Borrower/Organization) By: (Signature) (Typed or Printed Name & Title) Address: Telephone: Email: Fax Number: 5 NATIONAL MUSEUM of the U.S. AIR FORCE RCS: HAF-HO(A) 8801 Loan Account Number SDA0282 19 -Jan -07 ACCESSION # NOMENCLATURE Value SD -2000-0079 AIRCRAFT, F-101B(GF), 59-0430 $21,000 I certify that the above listed items shown on Pages 1 through 1 have been accounted for with any discrepancies so noted. Signature: (Historical Property Custodian) (Date) Typed or Printed Name Typed or Printed Title Page 1 POINT OF CONTACT INFORMATION SHEET ACCOUNT NUMBER SDA0282 CITY/ORGANIZATION NAME CITY OF BEAUMONT I MAILING ADDRESS CITY STATE/COUNTRY ZIP CODE PHYSICAL LOCATION OF ITEM HISTORICAL PROPERTY CUSTODIAN TITLE, HISTORICAL PROPERTY CUSTODIAN PRIMARY POINT OF CONTACT TITLE PRIMARY POINT OF CONTACT PRIMARY PHONE NUMBER ALTERNATE PHONE NUMBER PRIMARY FAX NUMBER EMAIL ADDRESS PO BOX 3827 I BEAUMONT I TX I 77704 I MR KYLE HAYES I CITY MANAGER, BEAUMONT I 409-880-3716 I 409-880-3112 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to renew the loan agreement with the National Museum of the United States Air Force for the jet on display at Babe D. Zaharias Park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - L100 � City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 20, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-13/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider amending Chapter 11 of the Code of Ordinances related to food and food establishments 2. Consider adopting a resolution of support for House Bill 2818 delaying transition into retail competition in the Entergy -Gulf States, Inc. service area 3. Consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson County and the City of Beaumont for the City of Beaumont General Election being held jointly with Jefferson County 4. Consider approving an ordinance allowing for an additional six (6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired Consider approving a contact for litter removal services for City rights-of-way 6. Consider approving a contract for mowing privately owned developed and vacant properties in violation of weed ordinances 7. Consider approving a contract for mowing City -owned and abandoned developed and vacant properties 8. Consider approving a bid for purchasing standby generator power systems to be used at several fire stations and at City Hall 9. Consider approving the purchase of a hazardous environment detection system for use by emergency workers 10. Consider approving a bid for construction of a building at the Landfill 11. Consider approving a bid to furnish draperies for the Julie Rogers Theatre 12. Consider authorizing the City Manager to apply for and receive funding through the Emergency Management Performance Grant (EMPG) 13. Consider authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2007 Port Security Grant Program to enhance the security of the Port of Beaumont 14. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: McNeel v. City of Beaumont Lewallen v. City of Beaumont Linda Young v. City of Beaumont The City of Beaumont v. International Association of Fire Fighters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 March 20, 2007 Consider amending Chapter 11 of the Code of Ordinances related to food and food establishments City Council AgendaII BEAUMONT TEXaS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 8, 2007 REQUESTED ACTION: Council consider amendments to Chapter 11 of the Code of Ordinances. RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 11 of the Code of Ordinances. BACKGROUND At a worksession on January 16, stall' discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 11, related to food and food establishments, were provided to the City Council for review. Following the plan, Chapter 11 is being brought forward for consideration and approval. Additional chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARY IMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 11, ARTICLE I, SECTIONS 11-1 AND 11-1.1, SUBSECTION 11-4(b), SECTION 11-5, AND ARTICLE IV, SUBSECTIONS 11-84(a) and (b) OF THE CODE OF ORDINANCES; AND REPEALING CHAPTER 11, ARTICLE I, SECTION 11-19 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Ccrrfinn 1 That Chapter 11, Article I, Section 11-1, be and the same is hereby amended to read as follows: Sec. 11-1. Texas Department of State Health Services, "Rules on Food Service Sanitation" --Adopted by reference. The Texas Department of State Health Services, "Texas Food Establishment Rules," sections 229.161 to 229.171 and 229.173 to 229.175 are hereby adopted by reference as if copied verbatim herein and a copy of said Food Establishment Rules is available in the city clerk's office of the city. Section 2. That Chapter 11, Article I, Section 11-1.1, be and the same is hereby amended by changing the introductory language to read as follows: Sec. 11-1.1. Same --Amendments. The Texas Department of State Health Services, "Texas Food Establishment Rules" are hereby amended as follows: Section 3. That Chapter 11, Article I, Subsection 11-4(b), be and the same is hereby amended to read as follows: Sec. 11-4. Licenses generally --Issuance; standard fees. (b) The amount of the license fees for applicants for each location, other than as otherwise provided in this article, shall be determined as follows: (1) Establishments having from zero to ten (10) stools or chairs.......................................................................... $192.50 (2) Establishments having from eleven (11) to twenty (20) stools or chairs ..................................................... $203.50 (3) Establishments having from twenty-one (21) to thirty (30) stools or chairs ..................................................... $214.50 (4) Establishments having from thirty-one (31) to fifty (50) stools or chairs ..................................................... $225.50 (5) Establishments having from fifty-one (51) to seventy-five (75) stools or chairs ................................ $236.50 (6) Establishments having from seventy-six (76) to one -hundred (100) stools or chairs ............................. $247.50 (7) Establishments having one hundred one (101) to one hundred fifty (150) stools or chairs ...................... $258.50 (8) Establishments having one hundred fifty-one (151) to two hundred (200) stools or chairs ......................... $269.50 (9) Establishments having over two hundred (200) stools or chairs........................................................... $280.50 (10) Special food service establishments (per day) ........... $220.00 (11) Establishments needing temporary permits ................ $33.00 (12) Establishments needing vending machine licenses..... $55.00 (13) Establishments needing seafood/wholesale licenses.. $44.00 (14) Establishments needing seafood/retail licenses ......... $22.00 (15) Establishments needing produce/wholesale licenses.. $55.00 (16) School cafeterias, public or parochial ......................... $55.00 (17) Seasonal food service establishments ....................... $82.50 (18) Retail food stores with zero (0) to two (2) checkout counters...................................................................... $192.50 (19) Retail food stores with three (3) to five (5) checkout counters...................................................................... $247.50 (20) Retail food stores with six (6) to nine (9) checkout counters...................................................................... $302.50 (21) Retail food stores with ten (10) or more checkout counters...................................................................... $357.50 Section 4. That Chapter 11, Article I, Section 11-5, be and the same is hereby amended to read as follows: Sec. 11-5. Same --When fees chargeable; proration of fees; expiration. The annual license fee shall be chargeable on all licenses issued after the first day of January up to and including the thirty-first (31st) day of July of each year, and one-half the annual fee for all licenses issued after the thirty-first day of July and through the thirty-first day of December of each year except for seasonal, special event and temporary food service establishments. All licenses shall expire on the thirty-first day of December of each year. Annual renewal fees for established businesses that are not received by January 31 are considered late. Late payments are subject to an additional 25 percent penalty on February 1 and an additional 5 percent penalty will be charged for each subsequent month, until payment is received. Section 5. That Chapter 11, Article I, Section 11-19, be and the same is hereby repealed. Section 6. That the title of Chapter 11, Article IV, be and the same is hereby amended to read as follows: ARTICLE IV. FOOD SERVICE MANAGER'S CERTIFICATE* Section 7. That Chapter 11, Article IV, Subsections 11-84(a) and (b), be and the same are hereby amended to read as follows: Sec. 11-84. Issuance of food service manager's certification certificate. A food service manager's certificate shall be issued to any person who submits the required issuance fee, and: (a) Completes the City of Beaumont Food Service Manager's Certification Course or shows evidence of completion, within the past three (3) years, of a course of study which is listed in the Texas Department of State Health Services Worker's Training Program Course Registry, and achieves the required minimum score of seventy-five (75) points out of a possible one hundred (100) points on a written examination administered or approved by the regulatory authority. An applicant who fails to achieve a minimum score of seventy-five (75) on the written examination may repeat the examination one (1) time without repetition of the food sanitation course of study; or (b) Provides evidence of certification within the past three (3) years by an agency which administers a national examination determined by the Texas Department of State Health Services and/or the U.S. Food and Drug Administration to be content valid and legally reliable; or Section 8. 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 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 10. That any person who violates 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 on this the 20th day of March, 2007. - Mayor Guy N. Goodson - Chapter 11 FOOD AND FOOD ESTABLISHMENTS* *Cross references: Keeping animals for sale in food establishments, § 5-2. State law references: Food generally, VTCS, Art. 4465 et seq.; unwholesome food, Art. 4476--5. Art. I. In General, §§ 11-1--11-29 Art. II. Reserved, §§11-30--11-79 Art. III. Reserved, § 11-80 Art. IV. Food Service Managers's Certificate, §§ 11-81--11-109 Art. V. Reserved, §§ 11-110--11-233 ARTICLE I. IN GENERAL Sec. 11-1. Texas Department of State Health Services, "Rules on Food Service Sanitation" --Adopted by reference. The Texas Department of , Retail Feed-ro Oivisien State Health Services, "Texas Food Establishment Rules," sections 229.161 to 229.171 and 229.173 to 229.175 are hereby adopted by reference as if copied verbatim herein and a copy of said Food Establishment Rules is available in the city clerk's office of the city. (Code 1958, § 14-1; Ord. No. 84-32, § 1, 2-14-84; Ord. No. 00-89, § 1, 10-10-00) Sec. 11-1.1. Same --Amendments. The Texas Department of State Health Services, "Texas Food Establishment Rules" are hereby amended as follows: Section 229.162 Definitions is hereby amended by adding the following definitions to read as follows: Seasonal food establishment. A food service establishment which operates more than fifteen (15) consecutive days but less than one hundred twenty-one (121) consecutive days within a three hundred sixty five (365) day period beginning January 1 of each calendar year. Special event food service establishment. The term "special event food service establishment" shall mean a temporary food service establishment which consists of more than five (5) booths and is sponsored by an organization in connection with a single group event. This includes, but is not limited to fairs, carnivals, food festivals and similar events. Section 229.162, Definitions is further amended by changing the definitions of item (8) child care center, item (33) food service establishment and item (75) regulatory authority to read as follows: (8) Child care center- Any facility licensed by the regulatory authority to receive 6 or more children for child care which prepares food for on-site consumption. (33) Food establishment- An operation that stores, prepares, packages, serves, or otherwise provides food for human consumption such as: a food service establishment, retail food store; satellite or catered feeding location; catering operation; if the operation provides food directly to a customer or to a conveyance used to transport people; market; remote catered operations; conveyance used to transport people; institution; or food bank; and that relinquishes possession of food to a consumer directly, or indirectly thorough a service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. (A) The term includes an element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; a restaurant; a grocery store; an operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; group residence; outdoor outfitters; bed and breakfast extended and bed and breakfast food establishments; where consumption is on or off the premises; and regardless of whether there is a charge for the food. (B) The term does not include: an establishment that offers only prepackaged foods that are not potentially hazardous; a produce stand that only offers whole, uncut fresh fruits and vegetables, a food processing plant; a kitchen in a private home or a non profit organization if only food that is not potentially hazardous is prepared for sale or service at a function, such as a religious or charitable organizations bake sale; a Bed and Breakfast Limited facility as defined in these rules; or a private home. The term also does not include the location where food is served and has been prepared by a catering operation which is licensed by the city. (75) Regulatory authority- The term regulatory authority shall mean the City of Beaumont's Public Health Director or his/her designee Section 229.1666)(3) Grease trap is to be amended to read as follows: Section 229.1666)(3) Grease trap. If used, a grease trap or grease interceptor shall be located to be easily cleanable and shall be located outside the building of a food establishment. Section 229.171. Compliance and Enforcement. This section is hereby changed to add a new Section 229.171 subsection (f)(1) and (2) and 229.171 subsection (g) to read as follows: Section 229.171 (f) Permit requirement, prerequisite for operation. (1) It shall be unlawful for any person, firm or corporation to operate a food establishment within the City of Beaumont who does not possess a valid permit or license issued by the regulatory authority. Only a person who complies with the requirements of this ordinance [section] shall be entitled to receive or retain such a permit or license. Permits or licenses shall not be transferable from one person to another person or place. A valid permit or license shall be posted in every food establishment in a place conspicuous to customers. The City of Beaumont will require the following types of food establishments to obtain a separate permit or license: retail food establishments, food service establishments. This includes a food service establishment co -located with a retail food establishment. Permits or licenses for temporary food service establishments shall be issued for a period of time not to exceed fourteen (14) days. A temporary food establishment permit may only be issued to a person, firm or corporation four (4) times per calendar year. There shall be a thirty (30) day time period between each consecutive issuance of such a permit. If the name of the applicant changes but a previous permit holder is working at the site, such applicant will be considered to be the same person, firm or corporation who had previously been issued a temporary food establishment permit hereunder. The purpose of this regulation is to limit a person, firm or corporation to four (4) permits per year notwithstanding in whose name the permits are issued. There is no limit on the number of times that a permit may be issued for temporary food events operating in connection with a festival, involving organized public assembly for entertainment purposes. A festival is defined, for the purposes of this policy, as a public celebration, entertainment or series of performances of a certain kind, often held periodically. (2) Issuance of permit or license. (a) Any person desiring to operate a food establishment shall make written application for a permit or license on forms provided by the regulatory authority. Such application shall include the applicant's full name and post office address and whether such applicant is an individual, firm, or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included; the location and type of the proposed food establishment; and the signature of the applicant or applicants. If the application is for a temporary food service establishment, it shall also include the inclusive dates of the proposed operations. If the application is for a special event food service establishment, it shall also include the inclusive dates of the proposed operation, a complete list of food booths which will be operating, the name of a responsible individual for each food booth, and the type of food being prepared and sold or distributed. (b) Upon receipt of such an application, the regulatory authority shall make an inspection of the proposed food establishment to determine compliance with the provisions of this ordinance. (c) When inspection reveals that the applicable requirements of this ordinance have been met, a permit or license shall be issued to the applicant by the regulatory authority. Section 229.171(g) Conditions of permit retention. This section is to be amended to add items (11) through (15) as follows: (11) Suspension of permit or license (a) Permit or license may be suspended temporarily by the regulatory authority for failure of the holder to comply with the requirements of this ordinance. Whenever a permit or license holder or operator has failed to comply with any notice issued under the provisions of Section 229.171 of this ordinance, the permit or license holder or operator shall be notified in writing that the permit or license is upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the regulatory authority by the permit or license holder. Notwithstanding the other provisions of this ordinance, whenever the regulatory authority finds unsanitary or other conditions in the operation of a food establishment which, in his/her judgment, constitutes an imminent health hazard (such as, but not limited to, complete lack of sanitation, refrigeration, or sewage backup into the establishment), he/she may without warning, notice, or hearing, issue a written notice to the permit, or license holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit or license is immediately suspended, and the establishment shall immediately cease food service operations. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the regulatory authority shall be afforded a hearing within twenty (20) days of receipt of request for a hearing. If any one food booth operating under a special event food service establishment permit is in noncompliance with any of the provisions of this ordinance, that booth and any such booth which violates the ordinance may, at the option of the regulatory authority, be closed without suspending the permit of the special event food service establishment. Applicant for the special event food service establishment will be responsible to enforce the closing of the food booth under the permit which is in violation of this ordinance. Any failure or refusal of the food booth to comply with the order of the health department may result in the suspension of the permit issued to the special event food service establishment. (b) Any person whose permit or license has been suspended for any reason other than for imminent health hazards may, at any time, make application for a reinspection for the purpose or reinstatement of the permit or license. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that in his/her opinion the conditions causing suspension of the permit or license have been corrected, the regulatory authority shall make a reinspection. If the applicant is complying with the requirements of this ordinance, the permit or license shall be reinstated. If no written request for hearing is filed within ten (10) days, the suspension is sustained. (12) Revocation of permit or license. For serious or repeated violations of any of the requirements of this ordinance, or for interference with the regulatory authority in the performance of its duties, the permit or license may be permanently revoked after an opportunity for a hearing has been provided by the regulatory authority. Prior to such action, the regulatory authority shall notify the permit or license holder in writing, stating the reasons for which the permit or license is subject to revocation and advising that the permit or license shall be permanently revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the regulatory authority, by the permit or license holder, within such a five-day period. A permit or license may be suspended for cause pending its revocation or a hearing relative thereto. If no request for hearing is filed within the five-day period, the revocation of the permit or license becomes final. (13) Service of notices. Notices provided for in this ordinance shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit or license holder. A copy of such notice shall be filed with the records of the regulatory authority. (14) Hearings. The hearings provided for in this ordinance shall be conducted by the regulatory authority at a time and place designated by it. Based upon the record of such hearing, the regulatory authority shall make a final finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit or license holder by the regulatory authority. (15) Application after revocation. Whenever a revocation of a permit or license has become final, the holder of the revoked permit or license may make written application for a new permit or license. Section 229.1716) Report of findings. This section is to be amended to add items (7)--(9) to read as follows: (7) Grading of food service establishments. Every food service establishment in the City of Beaumont shall display, in a place designated by the regulatory authority, a placard approved by the regulatory authority stating the sanitary condition received at the time of the most recent inspection of the establishment: Provided that temporary food service establishments and retail food establishments shall not be subject to grading. Immediately following each inspection of a food service establishment, the regulatory authority shall post the appropriate sanitary condition based upon the inspection findings, and shall issue an appropriate notice in accordance with section 229.171 Q) of this ordinance. Sanitary conditions of establishments shall be as follows: TABLE INSET: Superior An establishment whose rating scores were no more than twenty (20) rating demerits on two consecutive prior inspections and whose rating score on the third inspection is no more than twenty (20) demerits. Above An establishment having a rating score of no more than twenty (20) average demerits. rating Average An establishment having a rating score of more than twenty (20) demerits rating but no more than thirty (30) demerits. Section 229.171(1)(2)(C). This subsection shall be amended to read as follows: (C) When the total cumulative demerit value of an establishment exceeds 30 demerits, the establishment shall initiate immediate corrective action on all identified critical violations and shall initiate corrective action on all other violations within 48 hours. Failure to initiate immediate corrective action by the establishment may result in immediate suspension of the permit or license by the regulatory authority. One or more reinspection shall be conducted at reasonable time intervals to assure correction. Section 229.171(n) Examination and detention of food. This subsection shall be deleted to add new subsections (n)(1) and (2) to read as follows: (n) Examination and condemnation of food. (1) Food supplied under the provisions of this ordinance may be examined or sampled by the regulatory authority as often as necessary for enforcement of these rules. A receipt for samples shall be issued by the regulatory authority. The regulatory authority shall, upon written notice to the owner or person in charge specifying the reason thereof, place under detention any food which he/she determines or has probable cause to believe is adulterated or misbranded in accordance with the provisions of the Texas Food, Drug, and Cosmetic Act, Texas Health and Safety Code, Chapter 431. The regulatory authority shall tag, label or otherwise identify any food subject to detention. No food subject to detention shall be used, served, sold or moved from the establishment. The regulatory authority shall permit storage of the food under conditions specified in a hold order. The hold order shall specify with particularity the reasons therefor and shall state that a request for hearing may be filed within ten (10) days, and, that if no hearing is requested, the food shall be destroyed, a hearing shall be held if so requested, and on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with applicable laws. Such order of the regulatory authority to denature or destroy such food or bring it into compliance with the provisions of this ordinance shall be stayed if the order is appealed to a court of competent jurisdiction within three (3) days. (2) Wherever the regulatory authority shall find in any food service establishment or operations any food which is unsound, or contains any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the regulatory authority shall forthwith condemn or in any manner render the same unsalable as human food. Section 229.171 shall be further amended to add a subsection (r)(1) and (2): (r) Review of plans. (1) Submission of plans. Whenever a food establishment is constructed or extensively remodeled or whenever an existing structure is converted for use as a food establishment, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The regulatory authority shall approve the plans and specifications if they meet the requirements of all applicable laws. No food establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority. (2) Pre -operational inspection. Whenever plans and specifications are required by subsection (229.171)(r) of this section to be submitted to the regulatory authority, the regulatory authority shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of all applicable laws. (Code 1958, § 14-1; Ord. No. 83-120, § 2, 9-27-83; Ord. No. 84-32, § 2, 2-14-84; 84- 146, §§ 1, 2, 11-13-84; Ord. No. 87-65, § 1, 8-18-87; Ord. No. 88-48, § 1, 5-10-88; Ord. No. 91-6, § 1, 1-15-91; Ord. No. 00-89, § 2, 10-10-00) Sec. 11-2. Adoption of U.S. Public Health Service Machine Vending Ordinance and Code by reference; copy on file; amendments. The definitions, the requiring of permits for the installation and operation of vending machines; the prohibition of the sale of adulterated or misbranded food or drink, and the enforcement of this section shall be regulated in accordance with the terms of the unabridged form of "The Vending of Food and Beverages --1978 Recommended Sanitation Ordinance of the Food and Drug Administration", a copy of which shall be on file in the office of the city clerk; provided that the words "municipality of " in said unabridged form shall be understood to refer to the City of Beaumont and provided further that sections 6-601 and 6-602 of said unabridged ordinance shall be deemed deleted. (Code 1958, § 14-19; Ord. No. 84-32, § 3, 2-14-84) Sec. 11-3. Reserved. Editor's note: Ord. No. 00-89, § 3, adopted October 10, 2000, amended the Code by repealing former § 11-3 in its entirety. Former § 11-3 pertained to health certificates, and derived Code of 1958, § 14-8; Ord. No. 79-60, adopted August 7,1979; Ord. No. 84- 130, adopted October 2,1984; and Ord. No. 87-13, adopted March 10, 1987. Sec. 11-4. Licenses generally --Issuance; standard fees. (a) Upon approval of the application of all applicants, as filed with the health department, the health department shall issue to the applicant a license or permit. (b) The amount of the license fees for applicants for each location, other than as otherwise provided in this article, shall be determined as follows: (1) Establishments having from zero to ten (10) stools or chairs . . . $475 99192.50 (2) Establishments having from eleven (11) to twenty (20) stools or chairs ... 499203.50 (3) Establishments having from twenty-one (21) to thirty (30) stools or chairs . 4&5:-00214.50 (4) Establishments having from thirty-one (31) to fifty (50) stools or chairs ... 205:99225.50 (5) Establishments having from fifty-one (51) to seventy-five (75) stools or chairs ... 24-5-.AA236.50 (6) Establishments having from seventy-six (76) to one -hundred (100) stools or chairs ... 225:99247.50 (7) Establishments having one hundred one (101) to one hundred fifty (150) stools or chairs ... 2354)9258.50 (8) Establishments having one hundred fifty-one (151) to two hundred (200) stools or chairs ... 2499269.50 (9) Establishments having over two hundred (200) stools or chairs . 255 00280.50 (10) Special food service establishments (per day) ... 29Q89220.00 (11) Establishments needing temporary permits ... 304)933.00 (4-3 12) Establishments needing vending machine licenses ... 59 0055.00 (4 413) Establishments needing seafood/wholesale licenses ... 48 0944.00 (451 4) Establishments needing seafood/retail licenses ... 294)922.00 (4 15) Establishments needing produce/wholesale licenses ... 55.00 (47-16) School cafeterias, public or parochial ... 20.0055.00 (4 817) Seasonal food service establishments ... 75 0082.50 (481 8) Retail food stores with zero (0) to two (2) checkout counters . . . 47-5.00192.50 (291 9) Retail food stores with three (3) to five (5) checkout counters . . . 225.00247.50 (2420) Retail food stores with six (6) to nine (9) checkout counters . . . 27-5.00302.50 (2221) Retail food stores with ten (10) or more checkout counters . . . 226.90357.50 (c) Nonprofit organizations which are youth oriented or elderly oriented shall pay a license fee which is fifty (50) per cent of the fees established above in section 11- 4(b)(1) through (16) inclusive. The term "youth oriented" shall mean nonprofit organizations which provide services to persons more than fifty (50) per cent of whom are less than eighteen (18) years of age. The term "elderly oriented" shall mean nonprofit organizations which provide services to persons more than fifty (50) per cent of whom are sixty-five (65) years of age or older. The term "nonprofit organizations" shall mean those organizations which have been granted an exemption or are exempt from the payment of federal income taxes. (d) Retail food stores that have an existing city -licensed food service facility shall pay a license fee which is fifty (50) per cent of the fees established above in sections 11-4(b)(19) through 11-4(b)(22). (Code 1958, §§ 14-9,14-20; Ord. No. 83-120, § 1, 9-27-83; Ord. No. 84-15, § 1, 1-17- 84; Ord. No. 84-32, § 7, 2-14-84; Ord. No. 84-146, § 3,11-13-84; Ord. No. 85-57, § 1, 5- 28-85; Ord. No. 00-05, § 1, 1-4-00; Ord. No. 03-104, § 1, 12-9-03) Sec. 11-5. Same --When fees chargeable; proration of fees; expiration. The annual license fee shall be chargeable on all licenses issued after the first day of January up to and including the thirty-first (31st) day of July of each year, and one-half the annual fee for all licenses issued after the thirty-first day of July and through the thirty-first day of December of each year except for seasonal, special event and temporary food service establishments. All licenses shall expire on the thirty-first day of December of each year. Annual renewal fees for established businesses that are not received by January 31 are considered late. Late r)avments are subiect to an additional 25 percent penalty on February 1 and an additional 5 percent penalty will be charged for each subsequent month, until payment is received. (Code 1958, §§ 14-10, 14-21; Ord. No. 84-146, § 4, 11-13-84) Sec. 11-6. Same --Display. Each person required to pay for a license hereunder shall keep such license displayed in a conspicuous place in each establishment operated. (Code 1958, § 14-14) Sec. 11-7. Fruit and vegetables --Wholesaler's license required; application. Every person, before opening, maintaining or operating an establishment for sale at wholesale of fruits and vegetables, or for the wholesale distribution thereof, shall make application for license for such business upon a blank to be furnished by the health authority of this city, in which application the applicant shall give the following information: (1) Residence and business addresses of applicant. (2) Number of establishments to be maintained and operated. (3) Nature of business and location thereof. (4) Method of distribution to be used. (Code 1958, § 14-11) Sec. 11-8. Same --Inspection of premises prior to issuance of license. After filing such application for a license, it shall be the duty of the health authority of the city to make an inspection of the premises in which the applicant desires to conduct his establishment, and no license shall be issued to such person unless the building in which the business is to be conducted is constructed in accordance with the building code of the city and contains floors of concrete connected with floor drains so that the same may be easily cleaned. Such premises shall be properly ventilated, and the walls of such premises, and the benches, tables and other furniture therein shall be built and constructed in such manner that they can be easily kept clean. Such premises shall contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures shall comply with the plumbing code of the city, and such premises shall be equipped with sanitary toilets as required by the laws of the state. Such premises shall be equipped with wash basins, with individual or paper towels available in such toilets, and dirty unused clothing shall not be permitted to be stored or kept in any room in such premises where such fruit and vegetable products are cleaned, stored, packed, prepared for or offered for sale. (Code 1958, § 14-12) Sec. 11-9. Same --Issuance; fees; transferability. Upon filing of such application to sell fruits or vegetables at wholesale, satisfactory inspection of the premises and paying the health authority a license fee of fifty dollars ($50.00), the health authority shall issue a license to the applicant to operate such establishment for and during the current year for which such license is issued, which license shall not be transferred. In case such license is issued for only a remaining portion of such year, the fee charged shall be proportionately reduced; provided, however, the minimum fee to be paid hereunder shall be the sum of twenty-five dollars ($25.00). (Code 1958, § 14-13) Sec. 11-10. Same --Construction of delivery vehicles. All vehicles or conveyances used for distributing or delivering fruit or vegetables must be so constructed as to protect such fruit or vegetables from flies, dirt, dust or other filth. (Code 1958, § 14-3) Sec. 11-11. Seafood business --License required. It shall be unlawful for any person to sell or offer for sale, or distribute, at wholesale or retail, from a fixed place of business within the city any fish, oysters, shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams, in any manner, without first obtaining a license for the sale thereof; provided, however, that said license shall not be required of any person selling such marine life outlined above for on -premises consumption. (Code 1958, § 14-15) Sec. 11-12. Same --Application for license. Every person, before opening, maintaining or operating such an establishment for any of the purposes stated in section 11-11, or in any manner selling or distributing or offering for sale or distribution, personally or otherwise, any fish, oysters, shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams at wholesale or retail, shall make application for each establishment to be so maintained and operated by applicant, upon a blank to be furnished by the health authority, and in which application the applicant shall give the following information: (1) Residence and business addresses of applicant; (2) Number of establishments to be maintained and operated; (3) Nature of business; (4) Whether wholesale or retail; (5) Name of the owner of such establishment; (6) Name under which it is to be operated. (Code 1958, § 14-16; Ord. No. 84-32, § 4, 2-14-84) Sec. 11-13. Same --Classes of licenses; fees; term. (a) There shall be two (2) classes of licenses for establishments named in section 11-11, issued by the regulatory authority, said classes of licenses as follows: (1) Upon proper application, and after applicant has complied with the provisions contained in section 11-14 hereof, the regulatory authority shall issue to any person a fish wholesalers license, upon payment by the person to the regulatory authority of the fee established by section 11-4 herein; provided however, under the terms of such license, the person shall not be allowed to peddle from store to store but his sales must be made directly either by delivery upon a previously executed order or directly from his place of business. Nothing in this section shall prohibit any person from making delivery to any retail store in the city, provided such delivery is made in pursuance of a previously executed order from the merchant or retail establishment. (2) Upon proper application, and after applicant has complied with the provisions contained in section 11-14, the regulatory authority shall issue to any person a fish retailers license upon payment by the person to the regulatory authority of the fee established by 11-4 herein; provided, however, under the terms of such license, the person shall not be allowed to peddle from store to store or from house to house or upon the streets of the city, but his sales must be made directly, either by delivery upon a previously executed order, or directly from his place of business. (b) The licenses provided in section 11-11 shall be for the period of the calendar year, regardless of the date of issuance or unless sooner revoked. (Code 1958, § 14-17; Ord. No. 84-32, § 5, 2-14-84) Sec. 11-14. Same—Inspection prior to issuance of license. After filing such application for a license, it shall be the duty of the health authority of the city to make an inspection of the premises in which the applicant desires to conduct his establishment, and no license shall be issued to such person unless the building in which the business is to be conducted is constructed in accordance with the building code of the city and contains floors of concrete connected with floor drains so that the same may be easily cleaned. Such premises shall be properly ventilated, and the walls of such premises, and the benches, tables and other furniture therein shall be built and constructed in such manner that they can be easily kept clean. Such premises shall contain sufficient and adequate refrigeration, and all plumbing and plumbing fixtures shall comply with the plumbing code of the city, and such premises shall be equipped with sanitary toilets as required by the laws of the state. Such premises shall be equipped with wash basins, with individual or paper towels available in such toilets, and dirty unused clothing shall not be permitted to be stored or kept in any room in such premises where such marine products are cleaned, stored, packed, prepared for or offered for sale. (Code 1958, § 14-18) Sec. 11-15. Same—Regulations generally. It shall be unlawful to sell or offer for sale, within the city, any fish, oysters, shrimp, lobsters, crabs, terrapins, turtles, crayfish and clams, which, if taken from the waters under the jurisdiction of the state, have not been approved by the state department of health under the regulations and permit of such department, both as to preparation and packing for shipment and shipment; or if such marine products are taken from the waters under the jurisdiction of any other state, it shall be unlawful to sell or offer for sale, within the limits of the city, any fish, oysters, shrimp, lobsters, crabs, turtles, terrapins, crayfish and clams, which have not been taken from the waters under the jurisdiction of the state and approved by the proper authorities of the state, and under the regulations and permit of the state authorities, and of the United States Public Health Service, both as to preparation and packing for shipment and shipment; and in so selling and offering for sale such marine products, it must be indicated either by certificate or otherwise from such state authorities that such marine products were taken from the waters and packed and shipped as approved and required by such regulations. (Code 1958, § 14-5) Sec. 11-16. Same --Refrigeration. The food commodities named in section 11-15 shall be kept in adequate refrigeration equipment at not greater than forty (40) degrees Fahrenheit; and when such commodities are sold, either at wholesale or retail, and the delivery thereof not made at the time of sale, the same shall be delivered in a sanitary manner, and shall be at a temperature not greater than fifty (50) degrees Fahrenheit at the point of delivery. (Code 1958, § 14-6) Sec. 11-17. Same --Adulteration of oysters. It shall be unlawful for any person to adulterate oysters, by adding thereto ice, water, sodium sulphate or any other preservative for the purpose of increasing the quantity of or preserving such oysters. (Code 1958, § 14-7) Sec. 11-18. Peddling, selling of certain items in public places prohibited. (a) It shall be unlawful for any person to peddle, sell or offer for sale beverages served by the glass, hot tamales, enchiladas, red hots, wieners, sausages, hamburgers, fresh and salt water fish and all other marine life, sandwiches or any other similar food products easily contaminated by dust, dirt or flies, along or upon any public street, sidewalk, alley or any other such public easements or rights-of-way in the city. (b) It shall be unlawful for any person to sell or offer for sale ice cream, sherbet, flavored ices or other frozen dairy products along or upon any public streets, sidewalks, alleys or other public easements or rights-of-way within the city unless said products are individually packaged frozen dairy products sold from vehicles equipped with refrigeration facilities adequate to maintain temperatures sufficient to ensure that the products remain frozen. The products shall be prepackaged frozen dairy products manufactured, frozen and packaged by a frozen dairy foods products plant licensed by the State Department of Health. Any person who sells or offers for sale packaged frozen dairy products from refrigerated vehicles shall first obtain a permit as provided for in section 11-34 of the Code of Ordinances. Following the issuance of a permit, each vehicle operating under said permit shall be inspected once every six (6) months on the premises of the health department. Revocation of permits shall be in accordance with section 11- 34 of the Code of Ordinances. (Code 1958, § 14-2; Ord. No. 82-30, § 1, 3-23-82) .......... . .......... . .. .. ___ - ------ -- Secs. 11-20--11-29. Reserved. ARTICLE II. RESERVED* *Editor's note: Ord. No. 00-89, § 4, adopted October 10, 2000, amended the Code by repealing former art. II, §§ 11-30--11-48, in its entirety. Former art. II pertained to dairy products, and derived from the Code of 1958, §§ 21-1--21-19. Secs. 11-30--11-79. Reserved. ARTICLE III. RESERVED* *Editor's note: Ord. No. 00-89, § 5, adopted October 10, 2000, amended the Code by repealing former art. III, § 11-80, in its entirety. Former art. II pertained to meat and poultry, and derived from the Code of 1958, § 20-1. Sec. 11-80. Reserved. ARTICLE IV. FOOD SERVICE MANAGERS'S CERTIFICATE* *Editor's note: Ord. No. 84-32, § 8, adopted Feb. 14, 1984, provided for the addition of Art. IV, food service manager's certificate, §§ 11-81--11-89, to read as herein set out. Sec. 11-81. Purpose. There shall be a program of food service manager's certification conducted under the direction of the regulatory authority. Such a program shall have as its primary goal the training of persons in managerial positions (person in charge) within the food service industry in safe food handling practices, including knowledge of the City of Beaumont's food service sanitation ordinance. Training shall be accomplished by means of a special course which will be made available at regular intervals to those persons seeking certification. Certification shall be accomplished after all course requirements have been met and the applicant has demonstrated by means of an examination that such person possesses the required minimum essential knowledge as determined by the regulatory authority. (Ord. No. 84-32, § 8, 2-14-84) Sec. 11-82. Food service manager certification required. It shall be unlawful for any person owning, operating, directing, or managing any food service establishment, catering operation, or any place or vehicle regulated by the city food service sanitation ordinance where food or drink is manufactured, produced, processed, prepared, or otherwise manipulated, within the city, to fail to keep in his employ a manager, assistant manager, supervisor, or other person in charge of said establishment who has a valid and current food service manager's certification issued by the regulatory authority. Whenever a food service manager certificate has expired or the holder of the certificate is no longer employed in the food service establishment, ninety (90) days shall be allowed for the food service establishment to comply with this article. (Ord. No. 84-32, § 8, 2-14-84) Sec. 11-83. Exemption. Food manager certificates will not be required for the following: (1) Food service establishments providing only beverages, popcorn, prepackaged foods, or commercially prepared candy or nuts; (2) Nonprofit organizations except those operating schools, day cares, nursing homes, halfway houses or boarding homes; (3) Food service establishments inspected at least once in each week by state or federal food sanitation inspectors; (4) Temporary or special event food service establishments; and (5) Persons operating a mobile food unit or supplying food to vending machines. For the purposes of this article, a nonprofit organization shall mean an organization which has been granted an exemption or is exempt from the payment of federal income taxes. (Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-146, § 5, 11-13-84) Sec. 11-84. Issuance of food service manager's certification certificate. A food service manager's certificate shall be issued to any person who submits the required issuance fee, and: (a) Completes the City of Beaumont Food Service Manager's Certification Course or shows evidence of completion, within the past three (3) years, of a course of study which is listed in the Texas Department of Health €eod-Sev+ceState Health Services Worker's Training Program Course Registry, and achieves the required minimum score of seventy-five (75) points out of a possible one hundred (100) points on a written examination administered or approved by the regulatory authority. An applicant who fails to achieve a minimum score of seventy-five (75) on the written examination may repeat the examination one (1) time without repetition of the food sanitation course of study; or (b) Provides evidence of certification within the past three (3) years by an agency which administers a national examination determined by the Texas Department of Wealth State Health Services and/or the U.S. Food and Drug Administration to be content valid and legally reliable; or (c) Provides an associate's or bachelor's degree, or the equivalent, awarded within the past three (3) years, in restaurant or hotel and restaurant management from an accredited college or university. (Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, § 2, 1-15-91) Sec. 11-85. Term of certification. A food service manager's certificate shall be valid for three (3) years from the date of issuance. The expiration date will be written on each certificate issued. The term may be less than three (3) years for an individual who was certified by another agency or organization as provided for in section 11-84. No certificate shall be transferable from one person to another person. (Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, § 2, 1-15-91) Sec. 11-86. Renewal of certificates. Unless reexamination is required by state or federal law, a food service manager's certificate may be renewed by completing and submitting the renewal application form provided by the regulatory authority not more than thirty (30) days before nor sixty (60) days after the date of expiration of the certificate. Such application for renewal must be accompanied by payment of the fee as set out in section 11-88 of this article. (Ord. No. 84-32, § 8, 2-14-84) Sec. 11-87. Revocation of a food manager's certificate. (a) A food service manager's certificate may be revoked by the regulatory authority on a finding that any of the following grounds exist: (1) That the food service manager interfered with an inspection of the food service establishment by agents of the regulatory authority; (2) That violations of the City of Beaumont's food service sanitation ordinance exist in the food service establishment; (3) That the certified food manager knowingly falsified any information supplied on an application for certification issued under this article; (4) That the certified food manager or any employee of the food service establishment has made use of a food service manager's certificate which has not been duly issued by the regulatory authority. (b) Prior to revocation of a food service manager's certificate, the regulatory authority shall give written notice to the holder of the certificate and to the owner of the food service establishment in which the food service manager is employed. Such notice shall state: (1) The grounds upon which the City of Beaumont will seek revocation of the certificate; (2) That revocation becomes final ten (10) days after notice unless a written request for hearing is filed with the regulatory authority before expiration of the ten-day period. (c) The notice required by this article is considered served when it is delivered to the holder of the certificate, and the owner of the food service establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the certificate and the owner of the food service establishment. A copy of the notice shall be filed in the records of the regulatory authority. (d) The hearing provided for in this article shall be conducted by the regulatory authority at a time and place designated by the regulatory authority. After completion of the hearing, the officer designated by the regulatory authority to conduct the hearing shall make written findings as to whether or not the certificate is to be revoked. If the hearing officer revokes the certificate, written notice of such revocation shall be served on the food service manager and the owner of the establishment with a copy of the findings. Upon receiving written notice that the food service manager's certificate has been revoked, the food service manager shall surrender the certificate to the regulatory authority. If the food service manager fails to appear at the hearing at the time, place, and date specified, the City of Beaumont shall present sufficient evidence to establish a prima facie case showing that an act or acts have been committed which constitute grounds for revocation of the certificate. In the event a certificate is revoked, the City of Beaumont shall not be liable for any refund of any part of the fee paid for the certificate. A person whose food service manager's certificate has been revoked, shall not be granted a new certificate until such person has attended a course of training and passed the required examination subsequent to the revocation, and met all requirements of an initial applicant. Food service managers certificates remain the property of the City of Beaumont Environmental Health Division and must be surrendered to the regulatory authority to be voided when the permit has been revoked. (Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, § 2, 1-15-91) Sec. 11-88. Fees. (a) The fee for issuance of a food service manager's certificate is ten dollars ($10.00). (b) The enrollment fee for the food service sanitation course of study provided by the regulatory authority shall be fifty dollars ($50.00) and will not be refunded once the course has begun. Those organizations which are exempt from the food service manager's certification course under section 11-83(2) herein may attend the food service sanitation course without payment of the required enrollment fee, so long as the training is being provided by city staff subject to an availability of space. (c) The fee for replacement of a valid and current certificate which has been lost, stolen, or damaged shall be five dollars ($5.00). (d) All fees for issuance of certificates will be refunded in the event that no certificate is issued. (Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-72, § 1, 6-12-84) Sec. 11-89. Certificate to be displayed in establishment. Food service manager certificates shall be prominently posted in the establishment in a place acceptable to the regulatory authority. (Ord. No. 84-32, § 8, 2-14-84) Secs. 11-90--11-109. Reserved. ARTICLE V. RETAIL FOOD STORE SANITATION CODE* *Editor's note: Ord. No. 00-89, § 6, adopted October 10, 2000, amended the Code by repealing art. V, §§ 11-110--11-233, in its entirety. Former art. V pertained to the retail food store santitation code, and derived from Ord. No. 85-57, adopted May 28, 1985; and Ord. No. 91-6, adopted January 13, 1991. Secs. 11-110--11-233. Reserved. NJ March 20, 2007 Consider adopting a resolution of support for House Bill 2818 delaying transition into retail competition in the Entergy -Gulf States, Inc. service area cuejCity Council Agenda Item mc TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 16, 2007 REQUESTED ACTION: Council consider adopting a resolution of support for House Bill 2818 delaying transition into retail competition in the Entergy -Gulf States, Inc. service area. RECOMMENDATION Administration recommends approval of a resolution of support for House Bill 2818 delaying retail open access in the Entergy -Gulf States, Inc.'s service area. BACKGROUND The City Council met in work session on February 13, 2007, with representatives of other cities within the EGSI service area to discuss issues related to Entergy's proposed transition into retail competition in the deregulated electric market. A presentation was made by legal counsel on behalf ofthe Cities Steering Committee addressing several reasons why transition to competition at this time is not feasible and should be delayed. The Steering Committee is recommending that the participating cities adopt the attached resolution supporting House Bill 2818 delaying competition in the EGSI service area for the following reasons: (1) Customers in the Electric Reliability Council of Texas (ERCOT) that have participated in the deregulated markets since January 1, 2002, have experienced substantial rate increases under the competitive model; (2) EGSI estimates that Company customers will see at least a 40% increase under the competitive model; (3) EGSI has attempted to transition to competition in the past and failed after spending over $200 million which customers are paying back through surcharges over the next 15 years; (4) EGSI will soon be imposing yet another surcharge to recover the $352 million in damages associated with Hurricane Rita; (5) Communities and customers in Southeast Texas are still recovering from the effects of Hurricane Rita and further rate increases will hinder economic development. It was the general consensus of those present at the work session that it would not be in the best interest of the citizens within the EGSI service area for EGSI to move to open competition at this time. The administration is recommending adoption ofthe resolution supporting the passage ofHouse Bill 2818 which would delay transition to open competition in the EGSI service area until such time as the legislature decides competition should move forward. BUDGETARY IMPACT The customers in the EGSI service area will realize a substantial savings by delaying transition to open competition in the deregulated electric market. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, SUPPORTING THE PASSAGE OF HOUSE BILL 2818 DELAYING RETAIL OPEN ACCESS IN ENTERGY GULF STATES, INC.'S SERVICE AREA WHEREAS, On December 29, 2006, Entergy Gulf States Inc. ("EGSI" or "Company") filed its transition to competition plan with the Public Utility Commission of Texas ("PUC" or "Commission") in accordance with Public Utilities Act, Tex. Util. Code ("PURA") § 39.452(g); WHEREAS, EGSI's plan, as filed, contemplates that EGSI will join the Electric Reliability Council of Texas ("ERCOT") and that competition will commence in 2013; WHEREAS, EGSI estimates that the costs of joining ERCOT and transitioning to competition will cost over $1 billion; WHEREAS, EGSI requests current reimbursement of its costs to join ERCOT and transition to competition; WHEREAS, the PUC has docketed this matter as PUC Docket No. 33687 and determined that the case shall proceed as a contested case; WHEREAS, EGSI estimates that competition will result in at least a 40% increase in rates; WHEREAS, all other non-ERCOT utilities have delayed the transition to competition for their service areas; WHEREAS, EGSI has increased its rates over the last year through surcharges designed to recover $217.5 million for EGSI's failed transition to competition and $321 million to restore power following Hurricane Rita; WHEREAS, many customers in the EGSI service area are still recovering from Hurricane Rita and the additional rate increases contemplated by EGSI's transition to competition plan could stifle economic development; WHEREAS, on March 8, 2007, House Bill 2818, delaying retail open access in EGSI's service area, was introduced; WHEREAS, the Cities' Steering Committee has recommended supporting the passage of House Bill 2818 delaying retail open access in EGSI's service area, as has been done with other non-ERCOT utilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, that: SECTION 1. The City of Beaumont supports the passage of House Bill 2818 delaying retail open access in EGSI's service area. SECTION 2. This resolution shall be effective from and after the date of its passage. PASSED by vote of the City Council of the City of Beaumont, Texas, this 20th day of March, 2007. THE CITY OF BEAUMONT, TEXAS an ATTEST: City Secretary APPROVED AS TO FORM: 2 -K March 20, 2007 Consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson County and the City of Beaumont for the City of Beaumont General Election being held jointly wilth Jefferson County 117LJ1J c TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tina Broussard, Interim City Clerk March 20, 2007 March 14, 2007 REQUESTED ACTION: Council to consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson County and the City of Beaumont for the City of Beaumont General Election being held jointly with Jefferson County RECOMMENDATION Administration recommends approval of authorization for the City Manager to execute a Joint Election Agreement between Jefferson County and the City of Beaumont for the City of Beaumont General Election being held jointly with Jefferson County. BACKGROUND This Joint Election Agreement is a requirement of Jefferson County for the County Clerk to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson County for equipment, supplies, services and administrative costs. The Jefferson County Clerk will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. BUDGETARY IMPACT Funds are available in the City Clerk's Operating Budget. PREVIOUS ACTION None RECOMMENDED BY City Manager and Interim City Clerk JOINT ELECTION AGREEMENT ELECTION SERVICES CONTRACT BETWEEN JEFFERSON COUNTY AND FOR THE CONDUCT OF A JOINT ELECTION TO BE HELD SATURDAY, MAY 12, 2007 TO BE ADMINISTERED BY THE JEFFERSON COUNTY CLERK 1. JURISDICTION 1.1. The Governor of the State of Texas has ordered a special election to be held on May 12, 2007, for a constitutional amendment election. 1.2 The Mayors, the School Board and the Port Commission of the following political sub -divisions: City of Beaumont, Beaumont Independents School District, Port of Beaumont, Bevil Oaks, City of China, City of Groves, City of Nederland, Nederland Independent School District, Nome, City of Port Arthur, Port Arthur Independent School District, Port of Port Arthur, City of Port Neches, Port Neches -Groves Independent School District, Sabine Pass Independent School District, Sabine Pass Port Authority either have or may order an election to be held on the 12th day of May, 2007, relating to the affairs of each political sub -division. 1.3 A list of each county election precinct and Election Day polling location involved in the joint election, is shown in Attachment "A". 2. ADMINISTRATION The Jefferson County Clerk agrees to coordinate, supervise and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this agreement. Each participating authority agrees to pay Jefferson County for equipment, supplies, services and administrative costs as outlined in this agreement. The Jefferson County Clerk will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. PAGE 1 3. LEGAL DOCUMENTS 3.1 Each participating authority will be responsible for preparation, adoption and publication of all required election orders, resolutions, notices and any other pertinent documents required by their respective governing bodies. 3.2 The Jefferson County Clerk will be responsible for making the submission required by the Federal Voting Rights Act of 1965, as amended, with regard to administration of the county constitutional amendment election only. Any submission of pre -clearance to the Department of Justice, will be the responsibility of each participating authority. Preparation of necessary bilingual materials for notices and preparation of the text for the official ballot will also be the responsibility of each participating authority. Each participating authority will provide a copy of their respective election notices and justice submission to the Jefferson County Clerk. 4. DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN 4.1 Each participating authority agrees that voting at the joint election will be by use of a direct record and optical scan voting system approved by the Secretary of State in accordance with the Texas Election Code. The Jefferson County Clerk's Office will be responsible for the preparation of programs and the testing of the direct record system and optical scan system used for tabulating the ballots. 4.2 Jefferson County agrees to provide direct recording electronic devices (DRE), and voting booths for the joint election. S. VOTING LOCATIONS 5.1 Voting locations will be the voting locations for the county precincts as approved by Jefferson County Commissioners' Court on July 31, 2006. The voting locations are listed in Attachment "B" of this agreement. In the event a voting location is not available, the Jefferson County Clerk will arrange for use of an alternate location with the approval of each participating authority affected by the change. Jefferson County will be responsible for submitting any polling location changes to the Department of Justice for pre -clearance that changes from the list approved on July 31, 2006. The Jefferson County Clerk will notify each participating authority of any changes from the locations listed in Attachment "A". PAGE 2 6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL 6.1 The Jefferson County Commissioners' Court approved the appointment of the presiding judge and alternate for each polling location on July 31, 2006. The Jefferson County Clerk shall arrange for the training and compensation of all presiding judges and clerks. The election judges are listed in Attachment "B" of this agreement. If a person is unable or unwilling to serve, the Jefferson County Clerk will submit to the Commissioners' Court a substitute name for the precinct and notify each participating authority affected by the change. 6.2 In compliance with the Federal Voting Rights Act of 1965, as amended, precincts containing more than 5% Hispanic population, according to the 2000 census statistics are required to have interpreter assistance. If a presiding judge is not bilingual and is unable to hire a bilingual clerk, the Jefferson County Clerk may make a recommendation. The Jefferson County Clerk has available on staff three bilingual deputy clerks who may assist at polling locations if necessary. 6.6 The Jefferson County Clerk will hold schools of instruction on the use of electronic and optical scan voting equipment and on election laws. All Election Judges and Alternates must attend an election judge training session taught by the Jefferson County Clerk. 6.7 The election judges are responsible for picking up election supplies at the time and place determined by the Jefferson County Clerk. Each Election Judge and Alternate will receive $9.00 per hour and each clerk will receive $8.00 per hour (for a maximum of 14 hours) on Election Day. The election judge will receive an additional $25.00 and the person accompanying the elections judge will receive $10.00 for picking up the election supplies prior to Election Day and for delivering election returns and supplies to the Central Counting Station. All poll workers for the Early Voting period under the supervision of the Early Voting Clerk, Carolyn L. Guidry will be compensated at a rate of $8.00 per hour. 6.13 The Jefferson County Clerk will employ other personnel necessary for the proper administration of the election, PAGE 3 including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies and equipment during the period of early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Personnel working in support of the central counting station on election night will receive pay for at least two hours, minimum call for service, regardless of the actual hours worked. 7. SUPPLIES AND PRINTING 7.1 The Jefferson County Clerk will arrange for all election supplies and election printing, including, but not limited to, all forms, signs and other materials used by the election judges at the voting locations. 7.2 The Jefferson County Clerk will provide instructions and other information needed to enable the election judges to conduct a proper election. 7.3 Each participating authority shall furnish the Jefferson County Clerk a list of candidates and/or propositions showing the order and the exact manner in which their candidate names and/or proposition(s) are to appear on the official ballot. The list will be delivered to the Jefferson County Clerk no later than 12:00 noon on March 15, 2007. Each participating authority will be responsible for proofreading and approving the ballot in so far as it pertains to that authority's candidates and/or propositions. 8. OPTICAL SCAN BALLOTS 8.1 The ballot allocation for Election Day is based on providing enough ballots in every reporting precinct to handle the same turnout as in comparable elections that utilized the optical scan ballot plus an additional twenty-five percent (2596) of that number. 8.2; Ballot On Demand will print the ballots for Early Voting By Mail as needed. Ballot On Demand will print the Provisional ballots for the Early Voting period and a minimum of twelve (12) ballots per ballot style will be available at each of the Early Voting locations. Additional ballots for the Early Voting period will be printed on an as needed basis. 9. RETURNS OF ELECTIONS 9.1 The Jefferson County Clerk will be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. PAGE 4 9.2 The participating authorities hereby, in accordance with Section 127.002, 127.003 and 127.005 of the Texas Election Code, appoint the following central counting station officials: Manager - Christopher Mouton Tabulating Supervisors Paul Helegda, MIS Director and Ken Seholm, Asst. MIS Director Presiding Judge - Pat Anderson Alternate Judge - Donna Ferchak 9.3 The manager or his representative will deliver timely cumulative reports of the election results as precincts are tabulated. The manager will be responsible for releasing cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies. 9.4 The Jefferson County Clerk will prepare the unofficial canvass report after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns and provisional ballots have been tabulated. All participating authorities will be responsible for the official canvass of their respective elections. 9.5 The Jefferson County Clerk will be responsible for conducting the post election manual recount, unless a waiver is given from the Secretary of State in accordance with Section 127.201 of the Texas Election Code. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State's Office. 10. ELECTION EXPENSES 10.1 The participating authorities agree to share the costs of administering the May 12, 2007 Joint Election. An administration fee not to exceed 10% of the total value of the contracted services per entity shall be assessed as authorized by the Texas Election Code, Sec. 31.100. Allocation of equipment and miscellaneous cost will be proportionate to the number of shared polling locations and programming cost will be assessed per entity based on the actual hours spent coding and changing data for that entity. PAGE 5 10.2 Each participating authority, will pay proportionately the expenses for early voting by mail and personal appearance based on actual cost for labor, postage and supplies. 10.3 Final election expenses will be determined within 30-45 days after the election. The Jefferson County Clerk will provide each participating authority with a detailed billing statement. Any disputed amount should be reported within ten (10) days of receipt of the statement. Payment is due upon receipt of the bill if there are no discrepancies. 11. SECURITY DEPOSIT 11.1 The signing of this Joint Agreement is in lieu of a deposit. 12. RECORDS OF THE ELECTION 12.1 Carolyn L. Guidry, Jefferson County Clerk is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. 12.2 Access to the election records will be available to each participating authority as well as to the public in accordance with the Texas Public Information Act, Chapter 552, Government Code, at the office of the Jefferson County Clerk, 1001 Pearl Street, Beaumont, Texas, at any time during normal business hours. 12.3 Records of the election will be retained and disposed of in accordance with the records retention schedules and in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205, Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the Jefferson County Clerk shall maintain the records until final resolution or until final judgement, whichever is applicable. It is the responsibility of any participating authority to bring to the attention of the Jefferson County Clerk any notice of any pending election contest, investigation, litigation, or Texas Public Information Act request, which may be filed with a participating authority. 13. EARLY VOTING 13.1 Carolyn L. Guidry, Jefferson County Clerk, will be appointed as early voting clerk in compliance with Sections 271.006 of PAGE 6 the Texas Election Code. Other deputy early voting judges/clerks will be appointed by the early voting clerk as needed to process early voting mail and to conduct early voting at the main location and branch locations. 13.2 Early voting by personal appearance will be conducted at the locations and times as described in Attachment "C". Any qualified voter for the Joint Election may vote early by personal appearance at either the main early voting location or at any one of the branch locations. 13.3 All requests for early voting ballots by mail that are received by participating authorities will be transported on the day of receipt to the Jefferson County Clerk, 1001 Pearl Street, Beaumont, Texas 77701 for processing. Persons voting by mail will send their voted ballots to the Jefferson County Clerk, P.O. Box 1151, Beaumont, Texas 77704-1151. 13.4 All early voting ballots will be prepared for counting by an Early Voting Ballot Board appointed in accordance with Section 87.001 of the Texas Election Code. (Exhibit D) 14. ELECTION REPORTS The Early Voting Clerk will be responsible for ensuring the delivery of the reports titled Early Voting Daily Vote Totals to each participating authority each day of Early Voting for the previous day's voting activity. The political sub -divisions will assist in picking up the voter sign -in sheets each early voting day where practical and delivery to the County Clerk's office or the Counting Station by 4:OOpm. When possible, the Early Voters' reports will be delivered by electronic means via e-mail, facsimile, or website. 15. RUNOFF ELECTION In the event a runoff is necessary, the agreement will automatically be extended to cover the runoff, unless a participating authority states in writing before April 30, 2007, that it does not wish to participate in a joint runoff. The Jefferson County Clerk will provide each participating authority in the joint runoff election with an estimate of funds to be deposited in a special joint runoff election account. The funds must be deposited no later than five (5) days after the runoff estimate figures are received from the Jefferson County Clerk. PAGE 7 16. RECOUNT A Recount cost would be billed at the applicable rate to the authority responsible for the canvassing of that election. The guidelines for a Recount can be found in the Texas Election Code, Title 13, Chapters 211 through 216. 17'. CONTRACT WITHDRAWAL Any participating authority that certifies their election in accordance with Section 2.051, 2.052 and 2.053 of the Texas Election Code, may withdraw from the joint election contract. Any expenditure incurred prior to withdrawal shall be billed separately and that contracting authority shall be removed from the contract. An addendum page(s)to the contract shall be provided to the remaining participants no later than five (5) days after notification of all intents to withdraw have been received by the Jefferson County Clerk. 18. NOTICE Whenever this agreement requires any consent, approval notice, request or demand, it must be in writing to be effective and shall be delivered to the Jefferson County Clerk: Carolyn L. Guidry, Jefferson County Clerk, P.O. Box 1151,Beaumont, TX 77704-1151 PAGE 8 County: APPROVED AND EXECUTED ON , 2007. Ronald L. Walker, COUNTY JUDGE ATTEST: CAROLYN L. GUIDRY, COUNTY CLERK APPROVED AS TO FORM: TOM RUGG, FIRST ASSISTANT DISTRICT ATTORNEY Entity: APPROVED AND EXECUTED ON , 2007. PAGE 9 ATTEST: PAGE 10 EXHIBIT "A" PRECINCTS AND POLLING LOCATIONS 2007 PCT LOCATION PCT LOCATION PCT LOCATION 1 French Elementary 9 Ridgewood 17/26/9 Municipal Airport 3525 Cleveland Ave. Elementary 0 455 Keith Rd., Hwy. 90 Beaumont, TX 77703 2820 Merriman Beaumont, TX 77707 8321-6631 Port Neches, TX 866-2700 77651 722-7641 2 Smith Middle School 10 Scott Olive Baptist 18 Ozen High School 4415 Concord Church 3443 Fannett Rd. Beaumont, TX 77703 1050 Ewing Beaumont, TX 77705 892-3811 Beaumont, TX 77701 981-7500 832-0687 3 Brown Alternative Center 11 Jefferson County 19 BISD Administration 19010 Pope Courthouse Annex Beaumont, TX 77703 1001 Pearl Street 1025 Woodrow 785-4225 Beaumont, TX 77701 Beaumont, TX 77705 835-8400 833-3762 4 BISD Administration Bldg. 12/13 Dunbar Elementary 20 Pietzsch Elementary 3395 Harrison 825 Jackson 4301 Highland Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77705 899-9972 832-7617 835-2505 5 Caldwood Elementary 13/12 Dunbar Elementary 21 Precinct 4 Barn 102 Berkshire Lane 825 Jackson W. Port Arthur Rd., 2202 Beaumont, TX 77707 Beaumont, TX 77701 Hebert Rd. 835-3818 832-7617 Guffey-Beaumont, TX 77705 Judges use cell phones 6 Central Sr. High School 14 Ogden Elementary 22 Roy Guess Elementary 88 ,Jaguar 2300 Victoria 8055 Voth Rd. Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77708 981-7100 833-2313 892-9702 7 O.C. "Mike" Taylor Career 15 MLK Middle School 23 Rosedale Baptist Center 1400 Avenue A 7110 Concord Rd. 2330 North St. Beaumont, TX 77701 Beaumont, TX 77708 Beaumont, TX 77701 838-4431 892-2548 835-0153 8 Magnolia Baptist Church 16 Fletcher Elementary 24 First Baptist 2830 Pine Street 1050 Ave F Church -Nome Beaumont, TX 77703 Beaumont, TX 77701 1985 Louisiana 832-2258 833-3831 Nome, TX 77629 253-2391 25 Pct 1 Service Center 33 Stephen F. Austin 41 Huntsman Corp C-4 Plant 1201 W. Hwy 90 High School 2701 Spur 136 China, TX 77613 2441 - 61st Street Port Neches, TX 77651 752-2891 Port Arthur, TX 722-8381 77640 736-1521 26/17 Municipal Airport 34 Wheatley School 42 Van Buren Elementary /90 455 Keith Rd., Hwy. 90 800 W. 53rd St. 6400 Van Buren Beaumont, TX 77707 Port Arthur, TX Groves, TX 77651 866-2700 77640 962-6511 985-9101 27/78 Vincent Middle School 35/98/1 Full Gospel Christian 43/61 Pt. Neches ISD /86 350 Eldridge 06 Center Curriculum Ctr. Beaumont, TX 77707 9401 Hwy. 69 5840 W. Jefferson Blvd. 866-1491 Port Arthur, TX Groves, TX 77651 77640 962-8446 724-1271 28 Pct 4 Service Center 36 Langham Elementary 44 Tyrrell Elementary School 7780 Boyt Rd 800 -12th St. 4401 Ferndale Beaumont, TX 77713 Nederland, TX 77627 Port Arthur, TX 77642 794-2444 722-4324 962-7373 29 Harnshire Community Building 37 Highland Park 45/70/9 Stilwell Technical Center 12318 2nd St. Elementary 5/109 4801 9th Avenue Harnshire, TX 77622 200 S. 6th St. Port Arthur, TX 77642 243-2411 Nederland, TX 77627 983-3286 722-0236 30/91 Farinett Elementary 38 Neches Federal 46/96 United Pentecostal 23395 Burrell Wingate Credit Union Church Beaumont, TX 77705 2339 Nall St. 2700 25th Street 794-1412 Port Neches, TX Port Arthur, TX 77642 77651 985-9345 727-1639 31/10 Labelle-Fannett VFD 39 Blanchette 47/93/1 O.W. Collins Retirement 1/108 3473 Pine Tree Rd. Elementary 02 Center Beaumont, TX 77705 2400 Lela 4440 Gulfway 796-1529 Beaumont, TX 77705 Port Arthur, TX 77642 842-1230 982-6441 32 Sabine Pass Fire Station #4 40 Hebert Library 48/49 Lee Elementary 5030 S. Gulfway Drive 2025 Merriman 3939 Delaware Port Arthur, TX Port Neches, TX Port Arthur, TX 77642 971-2421 77651 983-3259 722-4554 49/48 Lee Elementary 58/57/9 Jefferson County 67 South Park Middle School 393.9 Delaware 4 Sub -Courthouse 4500 Highland Port Arthur, TX 77642 525 Lakeshore Drive Beaumont, TX 77705 983-3259 Port Arthur, TX 838-3941 77640 983-8300 50/51 Edison Jr. High School West 59 Port Arthur Fire 68 Austin Jr. High School Gym Station #2 3410 Austin 3501 - 12th St. 1201 Granis Beaumont, TX 77706 Port Arthur, TX 77642 Port Arthur, TX 892-0193 985-4311 77640 983-3676 51/50 Edison Jr. High School West 60 Groves Elementary 69 Nederland Recreation Gym 3901 Cleveland Center 3501 - 12th St. Groves, TX 77619 2300 Ave. H Port Arthur, TX 77642 962-1531 Nederland, TX 77627 985-4311 724-0773 52/53 DeQueen Elementary 61/43 Pt. Neches ISD 70/45/9 Stilwell Technical Center /81 740 DeQueen Blvd, 7th St. Curriculum Ctr. 5/109 4801 9th Avenue Entrance 5840 W. Jefferson Port Arthur, TX 77642 Port Arthur, TX 77640 Blvd. 983-3286 982-4336 Groves, TX 77651 962-8446 53/52 DeQueen Elementary 62 Sallie Curtis 71 Taft Elementary /81 740 DeQueen Blvd, 7th St. Elementary 2500 Taft Entrance 6225 N. Circuit Dr. Port Arthur, TX 77640 Port Arthur, TX 77640 Beaumont, TX 77706 962-2262 9821-4336 866-4134 54/55 Franklin Elementary 63 Lucas Elementary 72 Wesley United Methodist 1001 -10th St. 1750 E. Lucas Church Port Arthur, TX 77640 Beaumont, TX 77703 3810 N. Major Drive 985-2573 892-9683 Beaumont, TX 77713 892-7012 55/54 Franklin Elementary 64 Beaumont 73 George Marshall Jr. High 1001 -10th St. Community Players School Port Arthur, TX 77640 5515 Phelps Rd. 6455 Gladys 985-2573 Beaumont, TX 77705 Beaumont, TX 77706 842-4664 866-4174 56/80 C.O. Wilson Jr. High School 65 Regina Howell 74 Fire Station Meeting 262:0 Helena Ave. Elementary Room Nederland, TX 77627 5850 Regina Lane 3707 Central Blvd 727-6224 Beaumont, TX 77706 Nederland, TX 77627 892-5045 722-6922 57/58 Jefferson County 66 Bevil Oaks Civic 75 Lamar - Health & Human /94 Sub -Courthouse Center Performance Complex A 525, Lakeshore Drive 7390 Sweetgum East Lavacca at Port Arthur, TX 77640 Bevil Oaks, TX 77713 University Drive 983-8300 753-1475 Beaumont, TX 77705 880-7011 76 William B. Travis Elementary 85 PACE Union Hall 94/57/5 Jefferson County 1115 Lakeview 2490 S. 11 th St. 8 Sub -Courthouse Port Arthur, TX 77642 Beaumont, TX 77701 525 Lakeshore Drive 982-2891 842-3952 Port Arthur, TX 77640 983-8300 77 St. Pius X School 86/27/7 Vincent Middle 95/45/7 Stilwell Technical Center 3355 McHale 8 School 0/109 4801 9th Avenue Beaumont, TX 77708 350 Eldridge Port Arthur, TX 77642 892-3316 Beaumont, TX 77707 983-3286 866-1491 78/27 Vincent Middle School 87/88/9 Pine Burr Baptist 96/46 Park Place Fire Station /86 350 Eldridge 9 Church 3300 Memorial Blvd. Beaumont, TX 77707 5095 Pine Burr Blvd. Port Arthur, TX 77642 866-1491 Beaumont, TX 77708 985-8920 892-4974 79/10 Tennis Center 88/87/9 Pine Burr Baptist 97 NO RESIDENTS 0 6455 College 9 Church Beaumont, TX 77707 5095 Pine Burr Blvd. 866-2833 Beaumont, TX 77708 892-4974 80/56 C.O. Wilson Jr. High School 89 Ridgewood 98/35/1 Full Gospel Christian 2620 Helena Ave. Retirement Center 06 Center Nederland, TX 77627 2520 IH 10 East 9401 Hwy. 69 727-6224 Beaumont, TX 77705 Port Arthur, TX 77640 899-2531 724-1271 81/52 DeQueen Elementary 90/17/2 Municipal Airport 99/87/8 Pine Burr Baptist Church /53 740 DeQueen Blvd, 7th St. 6 455 Keith Rd., Hwy. 8 5095 Pine Burr Blvd. Entrance 90 105 Beaumont, TX 77708 109/45/ Port Arthur, TX 77640 Beaumont, TX 77707 70/95 892-4974 9824336 866-2700 82 Cedar Park Community Room 91/30 Fannett Elementary 100/79 Tennis Center 7601 - 9th Avenue 23395 Burrell 106/3 6455 College 110 Port Arthur, TX 77642 5/98 Wingate Beaumont, TX 77707 722-0459 Beaumont, TX 77705 866-2833 794-1412 83 Central Jr. High School 92 First Baptist Church 101/31/ Labelle-Fannett VFD 200 - 17th St. Blewett Road 108 3473 Pine Tree Rd. Nederland, TX 77627 Cheek, TX 77705 Beaumont, TX 77705 727-5765 842-1237 796-1529 84 Fehl Elementary 93/47/1 O.W. Collins 102/47/ O.W. Collins Retirement 3350 Blanchette 02 Retirement Center 93 Center Beaumont, TX 77701 4440 Gulfway 4440 Gulfway 835-3871 Port Arthur, TX Port Arthur, TX 77642 77642 982-6441 982-6441 103 NO RESIDENTS 107 NO RESIDENTS 112 NO RESIDENTS 104/1 Calvary Baptist Church 108/31/ Labelle-Fannett VFD 113 NO RESIDENTS 16 3650 Dowlen Rd. 101 3473 Pine Tree Rd. Beaumont, TX 77706 Beaumont, TX 77705 898-7074 796-1529 105 NO RESIDENTS 109/45/ Stilwell Technical 114 NO RESIDENTS 70/95 Center 4801 9th Avenue Port Arthur, TX 77642 983-3286 106/3 Full Gospel Christian Center 110 NO RESIDENTS 115 NO RESIDENTS 5/98 9401 Hwy. 69 Port Arthur, TX 77640 724-1271 116/10 Calvary Baptist Church 4 3650 Dowlen Rd. Beaumont, TX 77706 898-7074 EXHIBIT "B" PRECINCT LOCATIONS AND JUDGES FOR 2007 PCT LOCATION French Elementary 3525 Cleveland Ave. Beaumont, TX 77703 832-6631 2 Smith Middle School 4415 Concord Beaumont, TX 77703 892-3811 3 Brown Alternative Center 1900 Pope Beaumont, TX 77703 785-4225 4 BISD Administration Bldg 3395 Harrison Beaumont, TX 77702 899-9972 5 Caldwood Elementary 102 Berkshire Lane Beaumont, TX 77707 835-3818 6 Central Sr. High School 88 Jaguar Beaumont, TX 77702 981-7100 7 O.C. "Mike" Taylor Career Center 2330 North St. Beaumont, TX 77701 835-0153 JUDGE (Dem) Brenda Greene 1825 Brooklyn St. Beaumont, TX 77701 835-1777 (Dem) Jerrie Mathis 3730 Acorn Circuit Beaumont, TX 77703 892-4164 (Dem) Thelma Fielder 2975 Grand Beaumont, TX 77703 892-4164 (Rep) Dick Foulk 3670 Crestwood Beaumont, TX 77706 898-0741 (Rep) Norma Conner 232 W. Caldwood Dr Beaumont, TX 77707 866-3357 (Dem) Celeste Johnson 2560 Rusk St. Beaumont, TX 77702 833-3338 (Rep) Barbara Bradley 2165 North St Beaumont, TX 77701 835-3808 ALTERNATE JUDGE (Rep) Richard A. Hooks 4482 Dallas St. Beaumont, TX 77703 892-6966 791-8024 (Rep) Jim Doane 3460 Minglewood Beaumont, TX 77703 898-8196 (Rep) Etta Harris 1135 Skipwith St Beaumont, TX 77701 (Dem) Shirley Laday 23750 Vincent Rd Winnie, TX 77665 (Rep) Louise Williams 14 Bayou Bend PI Beaumont, TX 77706 892-8951 673-1801 (Rep) Greg Cottington 3775 Seminole Beaumont, TX 77707 843-3458 (Dem) M. Thomas Brent 2490 Louisiana Beaumont, TX 77702 832-7392 8 Magnolia Baptist Church (Dem) (Rep) 2830 Pine Street Katherine A. Campbell Sheila Hebert Beaumont, TX 77703 1067 Weiss St. 2555 Gulf St. 832-2258 Beaumont, TX 77703 Beaumont, TX 77703 832-9642 838-2728 455-3451 # OF CLERKS 4 3 4 3 3 3 3 {1 9 Ridgewood Elementary (Rep) (Rep) 2820 Merriman Sherry Desmond Kim Desmond Port Neches, TX 77651 683 Birchwood Dr 3145 Matter Horn Dr. 722-7641 Port Neches, TX 77651 Port Neches, TX 77651 722-5082 729-9464 10 Scott Olive Baptist Church (Dem) (Dem) 1050 Ewing Nanette Cantue Chiquitia Mitchell Beaumont, TX 77701 1075 Long St. 1075 Long St., 832-0687 Beaumont, TX 77701 Beaumont, TX 77701 833-0848 833-0848 11 Jefferson County Courthouse (Dem) (Rep) 1001 Pearl Street Rose Marie Solomon Chris McKinney Beaumont, TX 77701 1835 Pennsylvania PO Box 1751 835-8400 Beaumont, TX 77701 Beaumont, TX 77704 838-5565 838-6412 12/13 Dunbar Elementary (Dem) (Rep) 825 Jackson Doris Decuir Chris Busch Beaumont, TX 77701 4905 Wyatt, Apt 19 4610 Monticello 832-7617 Beaumont, TX 77705 Beaumont, TX 77706 899-3632 13/12 Dunbar Elementary 825 Jackson (with PCT12) (with PCT12) Beaumont, TX 77701 832-7617 14 Ogden Elementary (Dem) (Rep) 2300 Victoria Kimberly Lewis Lillian Frye Beaumont, TX 77701 2335 Roberts 1819 Roberts 833-2313 Beaumont, TX 77701 Beaumont, TX 77701 833-8104 835-0220 15 MLK Middle School (Dem) (Rep) 1400 Avenue A Merdle Hanes Wade Billingsley Beaumont, TX 77701 805 Amarillo St. 2562 Westbury Rd. 838-4431 Beaumont, TX 77701 Beaumont, TX 77713 832-4143 722-5721 504-8319 16 Fletcher Elementary (Dem) (Rep) 1050 Ave F Gwen Johnston Beaumont, TX 77701 2145 Bourbon 833-3831 Beaumont, TX 77705 Beaumont, TX 77706 842-4214 17/26/90 Municipal Airport (Rep) (Dem) 455 Keith Rd., Hwy. 90 Steven Randall Melynia Revia Beaumont, TX 77707 1135 Sunmeadow 7279 Shady Ln. 866-2700 Beaumont, TX 77706 Beaumont, TX 77713 866-7749 866-1340 351-9362 4 3 3 3 1 4 18 Ozen High School (Dem) (Rep) 3443 Fannett Rd. David Harper Margaret Bostic Beaumont, TX 77705 4375 Winston P.O. Box 6621 981-7500 Beaumont, TX 77705 Beaumont, TX 77725 842-6966 331-4586 19 BISD Administration Annex (Dem) (Rep) 1025 Woodrow Pauline Mouton Wesley Lee Beaumont, TX 77705 4275 Cadillac Ln 7655 Park North Dr., Apt 833-3762 Beaumont, TX 77705 711 842-2157 Beaumont, TX 77708 832-1279 20 Pietzsch Elementary (Dem) (Rep) 4301 Highland Grace Demary Sam Jernigan Beaumont, TX 77705 430 E. Elgie 5910 Meadow Way 835-2505 Beaumont, TX 77705 Beaumont, TX 77707 833-2056 866-7369 673-4659 21 Precinct 4 Barn (Dem) W. Port Arthur Rd., 2202 Wilmeretta Lowe (Rep) Hebert Rd. 2015 Hilldbrandt Sonja Pickens Guffey-Beaumont, TX 77705 Beaumont, TX 77705 830 Church St Judges use cell phones 838-3342 Beaumont, Tx 77705 246-5213 22 Roy Guess Elementary (Rep) (Dem) 8055 Voth Rd. Janet Dietz J.W. Albert Beaumont, TX 77708 7750 Homer Dr. 1915 Griffing Rd. 892-9702 Beaumont, TX 77708 Beaumont, TX 77708 892-2731 898-8861 790-2144 23 Rosedale Baptist (Dem) (Rep) 7110 Concord Rd. Lucille Bryan James Boykin Beaumont, TX 77708 6910 Concord 5415 Linda Lane 892-2548 Beaumont, TX 77708 Beaumont, TX 77708 892-4395 892-8422 24 First Baptist Church -Nome (Rep) (Dem) 1985 Louisiana Susan Tindall Joan Yates Nome, TX 77629 P.O. Box 105 PO Box 131 253-2391 Nome, TX 77629 Nome, TX 77629 253-2277 253-2253 782-8999 25 Pct 1 Service Center (Rep) (Dem) 1201 W. Hwy 90 Kathy Lewis Viola Jones China, TX 77613 P.O. Box 404 P.O. Box 312 752-2891 China, TX 77613 China, TX 77613 752-5268 752-5372 752-5270 26/17/90 Municipal Airport 455 Keith Rd., Hwy. 90 (with PCT 17/90) (with PCT 17/90) Beaumont, TX 77707 866-2700 3 3 3 4 3 27/78/86 Vincent Middle School (Rep) (Dem) 350 Eldridge Jon Tritsch Wilburean Benard Beaumont, TX 77707 1007 Park Meadow 5015 Pine St #101 866-1491 Beaumont, TX 77706 Beaumont,TX 77703 861-1761 28 Pct 4 Service Center (Dem) 7780 Boyt Rd Ezora Mae Bassett (Dem) Beaumont, TX 77713 6852 Boyt Rd. Shirley Carmon 794-2444 Beaumont, TX 77713 6574 Boyt Rd 794-2281 Beaumont,Tx 77713 794-2142 29 Hamshire Community Building (Rep) (Dem) 12318 2nd St. Tanya Young Dolores Marcyniuk Hamshire, TX 77622 10668 E. Hamshire P.O. Box 311 243-2411 Hamshire, TX 77622 Hamshire, TX 77622 243-2219 243-3340 30/91 Fannett Elementary (Rep) (Rep) 23395 Burrell Wingate Belinda Breaux Liz Wenner Beaumont, TX 77705 20768 Hwy 365 10810 Kolemay 794-1412 Beaumont, TX 77705 Beaumont, TX 77705 794-2064 794-2530 31/101/1 Labelle-Fannett VFD (Rep) (Dem) 08 3473 Pine Tree Rd. J. Tom Fox Virginia Ferguson Beaumont, TX 77705 201 Greenwood 14995 Labelle Dr. 796-1529 Beaumont, TX 77705 Beaumont, TX 77705 796-1119 796-2474 32 Sabine Pass Fire Station #4 (Dem) (Dem) 5030 S. Gulfway Drive Doris Eldridge Jeanette LaBove Port Arthur, TX P.O. Box 72 7518 Backridge Rd 971-2421 Sabine Pass, TX 77655 Sabine Pass, TX 77655 971-2546 33 Stephen F. Austin High School (Dem) (Rep) 2441 - 61 st Street Katie Jeter Edelmiro Aceveda Port Arthur, TX 77640 2330 Shirley St. 801 Trinity Ave. 736-1521 Port Arthur, TX 77640 Port Arthur, TX 77642 736-2947 982-7260 34 Wheatley School (Dem) (Rep) 800 W. 53rd St. Audrey Prater Gilbert Getz Port Arthur, TX 77640 1726 Beaumont Ave. 2214 Spurlock Rd 985-9101 Port Arthur, TX 77640 Nederland, TX 77627 985-8506 727-2102 594-4764 35/98/10 Full Gospel Christian Center (Rep) (Rep) 6 9401 Hwy. 69 Deborah Parker Janice Boden Port Arthur, TX 77640 5135 Oriole Dr. 1110 Block St 724-1271 Beaumont, TX 77707 Port Neches,TX 77651 899-1231 344-1949 5 2 3 3 3 4 3 2 36 Langham Elementary (Rep) (Rep) 800 -12th St. Blaine Hall Nola Hall Nederland, TX 77627 2301 Rosedale 2301 Rosedale 722-4324 Port Arthur, TX 77642 Port Arthur, TX 549-2138 549-2138 37 Highland Park Elementary (Rep) (Dem) 200 S. 6th St. Jeff Lake Barbara Wickler Nederland, TX 77627 6631 Verde 620 S. 2nd St. 722-0236 Port Neches, TX 77651 Nederland, TX 77627 543-7270 727-0921 38 Neches Federal Credit Union (Rep) (Dem) 2339 Nall St. Howard Frey Joyce Philen Port Neches, TX 77651 2321 Grand Blvd. 2130 Avenue K 727-1639 Port Neches, TX 77651 Nederland, TX 77627 722-6765 727-5683 39 Blanchette Elementary (Dem) (Rep) 2400 Lela Maudry Plummer Preston Frank Beaumont, TX 77705 4165 Bob St. 3615 S. 4th St. 842-1230 Beaumont, TX 77705 Beaumont, TX 77705 842-0588 842-6666 382-0507 40 Hebert Library (Rep) (Dem) 2025 Merriman Gary Daigle Trae Branham Port Neches, TX 77651 1619 Dieu St. 2910 Ash St. 722-4554 Port Neches, TX 77651 Nederland, TX 77627 722-6793 727-7459 41 Huntsman Corp C-4 Plant (Dem) (Dem) 2701 Spur 136 Jimmy King Ophelia King Port Neches, TX 77651 P O Box 276 P O Box 276 722-8381 Port Neches, TX 77651 Port Neches, TX 77651 722-3023 722-3023 42 Van Buren Elementary (Rep) (Dem) 6400 Van Buren Audrey Cupit Pam LaFleur Groves, TX 77651 6373 Jefferson 4941 Garfield 962-6511 Groves, TX 77619 Groves, TX 77619 962-4740 962-4393 639-6698 43/61 Pt. Neches ISD Curriculum Ctr. (Dem) (Dem) 5840 W. Jefferson Blvd. Melba Ledoux Laura Seelan Groves, TX 77651 3124 High Ave 3640 Bryan Ave 962-8446 Groves, TX 77619 Groves, TX 77619 962-2560 962-7224 44 Tyrrell Elementary School (Rep) (Dem) 4401 Ferndale Robert Sharpless Earl Marsh, Jr. Port Arthur, TX 77642 4545 Alamosa 4433 Alamosa 962-7373 Port Arthur, Tx 77642 Port Arthur, TX 77642 982-6301 982-6130 720-9329 4 4 4 4 rd 4 N 45/70/95/ Stilwell Technical Center (Dem) (Rep) 109 4801 9th Avenue Vera Wilkerson Janice Morse Port Arthur, TX 77642 3401 Roanoke Avenue 3901 8th Avenue 983-3286 Port Arthur, TX 77642 Port Arthur, TX 77642 985-4311 962-4772 982-3986 46/96 United Pentecostal Church (Dem) (Rep) 2700 25th Street Madeline Brown Linda Bonton Port Arthur, TX 77642 3727 Platt Ave 3128 Ozark Ave. 985-9345 Port Arthur, Tx 77642 Port Arthur, TX 77640 985-4311 982-5515 985-2229 47/93/10 O.W. Collins Retirement Center (Dem) (Rep) 2 4440 Gulfway Debra Beevers Blaine Hall Port Arthur, TX 77642 2530 Date St. 2301 Canal Ave. 982-6441 Port Arthur, TX 77642 Nederland, TX 77627 982-4336 985-2055 767-9896 48/49 Lee Elementary (Dem) (Rep) 3939 Delaware Doris Rogers Walter R. Gregory Port Arthur, TX 77642 515 Sabine 510 Melissa 983-3259 Port Arthur, TX 77642 Pt. Neches,TX 77651 982-4336 985-9766 727-8492 49/48 Lee Elementary 3939 Delaware (with PCT 49) (with PCT 49) Port Arthur, TX 77642 983-3259 50/51 Edison Jr. High School West (Dem) (Rep) Gym Mary (Liza) Cunningham Claud Block 3501 - 12th St. 4231 Lakeshore Dr 1610 Johnson Ave Port Arthur, TX 77642 Port Arthur, TX 77642 Port Neches, TX 77651 985-4311 365-9003 51/50 Edison Jr. High School West Gym (with PCT 50) (with PCT 50) 3501 - 12th St. Port Arthur, TX 77642 985-4311 52/53/81 DeQueen Elementary (Dem) (Rep) 740 DeQueen Blvd, 7th St. Mary Mottley Entrance 2000 E. 9th St. Port Arthur, TX 77640 Port Arthur, TX 77640 982-4336 982-0206 53/52/81 DeQueen Elementary 740 DeQueen Blvd, 7th St. (with PCT 52/81) (with PCT 52/81) Entrance Port Arthur, TX 77640 982-4336 3 4 4 4 5 5 54/55 Franklin Elementary 1001 -10th St. Port Arthur, TX 77640 985-2573 55/54 Franklin Elementary 1001 -10th St. Port Arthur, TX 77640 985-2573 56/80 C.O. Wilson Jr. High School 2620 Helena Ave. Nederland, TX 77627 727-6224 57/58/94 Jefferson County Sub -Courthouse 525 Lakeshore Drive Port Arthur, TX 77640 983-8300 58/57/94 Jefferson County Sub -Courthouse 525 Lakeshore Drive Port Arthur, TX 77640 983-8300 59 Port Arthur Fire Station #2 1201 Granis Port Arthur, TX 77640 983-3676 60 Groves Elementary 3901 Cleveland Groves, TX 77619 962-1531 (Dem) Melvia F. Cyprien 1027 Thomas Blvd. Port Arthur, TX 7760 985-7175 (with PCT 54) (Rep) Gloria Dockens 3011 Graves Ave Groves, TX 77619 960-6783 (Dem) Vernice Moore 1219 East 9th Port Arthur, TX 77640 985-5852 (with PCT 57/94) (Dem) Lillian M. LeBlanc 649 W. Thomas Blvd. Port Arthur, TX 77640 985-8033 (Dem) Rauline Judice 6948 Willow Groves, TX 77619 962-0802 (Rep) Alfred Marshall 1310 E. 10th St. Port Arthur, TX 77640 982-8905 (with PCT 54) (Rep) Kelley Gossett 1221 Lillie St. Port Neches,TX 77651 722-0007 (Rep) Stuart Salter 3770 MLK Port Arthur, TX 77640 985-5678 350-0685 (with PCT 57/94) (Dem) Mildred Taville 1041 W 14th St Port Arthur Tx 77640 982-5278 (Dem) Janice Guilbeaux 6275 Garner Groves, TX 77619 962-0608 61/43 Pt. Neches ISD Curriculum Ctr. 5840 W. Jefferson Blvd. (with PCT 43) (with PCT 43) Groves, TX 77651 962-8446 4 4 4 4 4 62 Sallie Curtis Elementary (Rep) (Dem) 6225 N. Circuit Dr. Temple Looney Georgine Guillory Beaumont, TX 77706 590 Goodhue 3670 South 11 th St. 866-4134 Beaumont, TX 77706 Beaumont, TX 77705 866-2910 842-1577 658-8390 63 Lucas Elementary (Dem) (Rep) 1750 E. Lucas Thelma Nobles Karen Arrington Beaumont, TX 77703 2105 Fillmore 1904 Moore Rd. 892-9683 Beaumont, TX 77703 Beaumont, TX 77713 833-9672 866-3885 553-2924 64 Beaumont Community Players (Dem) (Rep) 5515 Phelps Rd. Mary B. Francis Joe Byerly Beaumont, TX 77705 5990 Tyrrell Park 5745 Erie 842-4664 Beaumont, TX 77705 Beaumont, TX 77705 842-0507 842-4275 65 Regina Howell Elementary (Rep) (Dem) 5850 Regina Lane Mary Stimek Doris A. Campbell Beaumont, TX 77706 6255 West Bend 4420 Beale St. 892-5045 Beaumont, TX 77706 Beaumont, TX 77705 860-5765 842-2334 504-8190 66 Bevil Oaks Civic Center (Rep) (Dem) 7390 Sweetgum Deborah Olson Juinez Jones Bevil Oaks, TX 77713 13355 Davida Dr. 13560 Wayside 753-1475 Beaumont, TX 77713 Beaumont, TX 77713 753-3116 753-2241 67 South Park Middle School (Dem) (Rep) 4500 Highland Garcia Middleton Kevin Larousee Beaumont, TX 77705 1585 Auburn Dr. 4090 Wyatt St. 838-3941 Beaumont, TX 77705 Beaumont, TX 77705 842-4450 838-4232 68 Austin Jr. High School (Rep) (Dem) 3410 Austin Robert Thompson Margaret Carter Beaumont, TX 77706 4855 Dellwood Lane 1220 Rikisha 892-0193 Beaumont, TX 77706 Beaumont, TX 77706 892-5104 782-2341 69 Nederland Recreation Center (Rep) (Dem) 2300 Ave. H Wanda Lilley Ruby Casto Nederland, TX 77627 3001 8th St #47 1603 Ave C 724-0773 Port Neches Tx 77651 Nederland, TX 77627 722-0004 722-1616 70/45/95/ Stilwell Technical Center 109 4801 9th Avenue (with PCT 45/95/109) (with PCT 45/95/109) Port Arthur, TX 77642 983-3286 4 4 4 3 4 4 5 71 Taft Elementary (Rep) (Dem) 2500 Taft Alice Windle Phyllis Jean Lee Port Arthur, TX 77640 6927 Olympic Dr. 1529 Joe Louis Ave. 962-2262 Port Arthur, TX 77642 Port Arthur, TX 77640 982-3138 985-7451 72 Wesley United Methodist (Rep) (Dem) Church Elizabeth Gibbs Barbara Loden 3810 N. Major Drive 830 Stacewood 7730 Spurlock Rd Beaumont, TX 77713 Beaumont, TX 77706 Beaumont, TX 77713 892-7012 673-1234 899-1069 73 George Marshall Jr. High (Rep) (Dem) School Jennifer Pate Herman Granger 6455 Gladys 6645 Windwood Ln. 3760 Robinson Beaumont, TX 77706 Beaumont, TX 77706 Beaumont,TX 77708 866-4174 866-3592 892-0186 74 Fire Station Meeting Room (Rep) (Dem) 3707 Central Blvd Sandra Plock Helen Benoit Nederland, TX 77627 1315 Travis St. 1412 Houston Ave. 722-6922 Nederland, TX 77627 Nederland, TX 77627 729-3911 722-7656 344-1708 75 Lamar - Health & Human (Dem) (Rep) Performance Complex A Diane Dennis Leni Carothers East Lavacca at University 4975 Tupelo 3189 Williamsburg Ln Drive Beaumont, TX 77708 Pt. Neches,TX 77651 Beaumont, TX 77705 924-8498 729-8105 880-7011 338-5339 76 William B. Travis Elementary (Dem) (Rep) 1115 Lakeview Rodney Tizeno Gunther Brunow Port Arthur, TX 77642 3610 - 12th St. 1724 Duff Dr. 982-2891 Port Arthur, TX 77642 Port Arthur, TX 77642 982-8534 983-3656 77 St. Pius X School (Dem) (Rep) 3355 McHale Julia Roberts Beaumont, TX 77708 890 Prairie St. 892-3316 Beaumont, TX 77701 835-4842 78/27/86 Vincent Middle School 350 Eldridge (with PCT 27/86) (with PCT 27/86) Beaumont, TX 77707 866-1491 79/100 Tennis Center (Rep) (Dem) 6455 College John Mistrot Edwin Bearb Beaumont, TX 77707 367 Georgetown 7455 Prestwick Cir. 866-2833 Beaumont, TX 77707 Beaumont, TX 77707 866-4378 842-6789 893-7870 3 4 4 2 4 3 3 80/56 C.O. Wilson Jr. High School 2620 Helena Ave. (with PCT 56) (with PCT 56) Nederland, TX 77627 727-6224 81/52/53 DeQueen Elementary (Rep) 5095 Pine Burr Blvd. Jackie Duriso 740 DeQueen Blvd, 7th St. (with PCT 52/53) (with PCT 52/53) 5620 Concord Rd. Entrance Beaumont, TX 77706 Beaumont, TX 77708 Port Arthur, TX 77640 898-0976 982-4336 88/87/99 Pine Burr Baptist Church 82 Cedar Park Community Room (Rep) (Rep) Beaumont, TX 77708 7601 - 9th Avenue Lola Snyder Rita Brehmer Port Arthur, TX 77642 2038 Williams 2335 Oaklawn 722-0459 Port Arthur, TX 77642 Port Arthur, TX 77642 962-4785 985-9560 748-0885 ce;; 83 Central Jr. High School (Rep) (Dem) 200 - 17th St. James Porter Reid Pletcher Nederland, TX 77627 2103 Canal St. 116 - 3rd St. 727-5765 Nederland, TX 77627 Nederland, TX 77627 722-5470 721-5810 84 Fehl Elementary (Dem) (Rep) 3350 Blanchette Clara Bell Oliver Connie Teuscher Beaumont, TX 77701 1180 Skipwith 825 Thomas Rd. 835-3871 Beaumont, TX 77701 Beaumont, TX 77706 832-3028 899-4001 85 PACE Union Hall (Dem) (Rep) 2490 S. 11th St. Alice M. Dyes Mary Randall Beaumont, TX 77701 4665 Corley 4255 Corley 842-3952 Beaumont, TX 77707 Beaumont, TX 77707 842-0953 842-8204 86/27/78 Vincent Middle School 350 Eldridge (with PCT 27/78) (with PCT 27/78) Beaumont, TX 77707 866-1491 87/88/99 Pine Burr Baptist Church (Dem) (Rep) 5095 Pine Burr Blvd. Jackie Duriso Wallce Domingue Beaumont, TX 77708 5550 Folsum #166 5620 Concord Rd. 892-4974 Beaumont, TX 77706 Beaumont, TX 77708 767-5107 898-0976 656-0803 88/87/99 Pine Burr Baptist Church 5095 Pine Burr Blvd. (with PCT 87/99) (with PCT 87/99) Beaumont, TX 77708 892-4974 4 3 3 c 3 89 Ridgewood Retirement Center (Dem) (Rep) 2520 IH 10 East Darlyne Dorsey Debra Holmes Beaumont, TX 77705 1250 Condon 128 Fir Ln 899-2531 Beaumont, TX 77701 Beaumont,Tx 77713 835-9908 753-3365 90/17/26 Municipal Airport 455 Keith Rd., Hwy. 90 (with PCT 17/26) (with PCT 17/26) Beaumont, TX 77707 866-2700 91/30 Fannett Elementary 23395 Burrell Wingate (with PCT 30) (with PCT 30) Beaumont, TX 77705 794-1412 2 92 First Baptist Church (Rep) (Dem) 3 Blewett Road Harold Jones Annie Devault Cheek, TX 77705 PO Box 2018 4265 Corley 842-1237 Winnie, TX 77665 Beaumont, Tx 77707 243-2614 842-1400 656-6577 93/47/10 O.W. Collins Retirement Center 2 4440 Gulfway (with PCT 47/102) (with PCT 47/102) Port Arthur, TX 77642 982-6441 94/57/58 Jefferson County Sub -Courthouse (with PCT 57/58) (with PCT 57/58) 525 Lakeshore Drive Port Arthur, TX 77640 983-8300 95/45/70/ Stilwell Technical Center 109 4801 9th Avenue (with PCT 45/70/109) (with PCT 45/70/109) Port Arthur, TX 77642 983-3286 96/46 Park Place Fire Station 3300 Memorial Blvd. (with PCT 46) (with PCT 46) Port Arthur, TX 77642 985-8920 97 NO RESIDENTS 98/35/10 Full Gospel Christian Center 6 9401 Hwy. 69 (with PCT 35/106) (with PCT 35/106) Port Arthur, TX 77640 724-1271 99/87/88 Pine Burr Baptist Church 5095 Pine Burr Blvd. (with PCT 87/88) (with PCT 87/88) Beaumont, TX 77708 892-4974 100/79 Tennis Center 6455 College (with PCT 79) (with PCT 79) Beaumont, TX 77707 866-2833 101/31/1 Labelle-Fannett VFD 08 3473 Pine Tree Rd. (with PCT 31/108) (with PCT 31/108) Beaumont, TX 77705 796-1529 . 102/47/9 O.W. Collins Retirement Center 3 4440 Gulfway (with PCT 47/93) (with PCT 47/93) Port Arthur, TX 77642 982-6441 103 NO RESIDENTS 104/116 Calvary Baptist Church (Rep) (Dem) 3650 Dowlen Rd. Frank Thomas Helen Stone Beaumont, TX 77706 3599 Briar Creek Dr. 2260 21 st St 898-7074 Beaumont, TX 77706 Beaumont, TX 77706 347-1623 898-4633 105 NO RESIDENTS 106/35/9 f=ull Gospel Christian Center 8 9401 Hwy. 69 (with PCT 35/98) (with PCT 35/98) Port Arthur, TX 77640 724-1271 5 107 NO RESIDENTS 108/31/1 Labelle-Fannett VFD 01 3473 Pine Tree Rd. Beaumont, TX 77705 796-1529 109/45/7 Stilwell Technical Center 0/95 4801 9th Avenue Port Arthur, TX 77642 983-3286 110 NO RESIDENTS 111 NO RESIDENTS 112 NO RESIDENTS 113 NO RESIDENTS 114 NO RESIDENTS 115 NO RESIDENTS (with PCT 31 /101) (with PCT 45/70/95) (with PCT 31/101) (with PCT 45/70/95) 116/104 Calvary Baptist Church 3650 Dowlen Rd. (with PCT 104) (with PCT 104) Beaumont, TX 77706 898-7074 EXHIBIT "C" Theresa Goodness Chief Deputy Carolyn L. Guidry COUNTY CLERK JEFFERSON COUNTY P. O. Box 1151 Beaumont, Texas 77704 409-835-8475 Phone 409-839-2394 FAX Email Address: coLm clerk0)co.iefferson.tx.us EARLY VOTING LOCATIONS AND HOURS FOR MAY 12, 2007 JOINT ELECTION CONSTITUTIONAL AMENDMENT ELECTION AND POLITICAL SUBDIVISION ELECTIONS COURTHOUSE EARLY VOTING LOCATIONS AND HOURS: Beaumont Courthouse Port Arthur Sub -Courthouse April 30 — May 4 May 5 May 6 May ?— May 8 1001 Pearl St., Beaumont, Texas 525 Lakeshore Dr., Port Arthur, Texas Monday - Friday Saturday Sunday Monday - Tuesday BP:ANCH EARLY VOTING LOCATIONS: Sterling Pruitt Activity Center Roger's Park Community Center Theodore Johns Library Precinct One Service Center Nederland City Hall Groves City Hall Port Arthur Public Library Effie & Wilton Hebert Library 8:00 a.m. - 5:00 p.m. 7:00 a.m. - 7:00 p.m. 12:00 p.m. - 5:00 p.m. 7:00 a.m. - 7:00 p.m. 2930 Gulf Street, Beaumont, Texas 1455 Dowlen Rd., Beaumont, Texas 4255 Fannett Rd., Beaumont, Texas 1201 W. Hwy. 90, China, Texas 1400 Boston Avenue, Nederland, Texas 3947 Lincoln Avenue, Groves, Texas 4615 Ninth Ave, Port Arthur, Texas 2025 Merriman, Port Neches, Texas EARLY VOTING HOURS FOR THESE BRANCH LOCATIONS: April 30 — May 4 Monday - Friday 8:00 a.m. - 5:00 p.m. May 5 Saturday 7:00 a.m. - 7:00 p.m. May 6 Sunday 12:00 p.m. - 5:00 p.m. May 7 — May 8 Monday - Tuesday 7:00 a.m. - 7:00 p.m. EXHIBIT "D" Mr. Joe B. Wilson 1855 Euclid Beaumont, Texas 77705 Mr. Nelson Mouton 4276 Cadillac Beaumont, Texas 77705 Dr. Charles Walker 5770 Fleetwood Ln. Beaumont, Texas 77706 Ms. Gail Peterson 1078 W. Lucas Dr. Beaumont, Texas 77706 Dr. Bruce Drury 3555 Long Beaumont, Texas 77706 Mr. Rudolph Antoine 4640 St. Louis Beaumont, Texas 77705 Mr. Randall Rosenberry 7815 Sheila Ln. Beaumont, Texas 77713 Early Voting Ballot Board Ms. Mary Motley 200 E. 9th Street Port Arthur, Texas 77640 Mr. Richard Foulk 3670 Crestwood Beaumont, Texas 77706 Mr. Walter Lombard Jr. 5215 Gail Dr. Beaumont, Texas 77708 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Joint Election Agreement between Jefferson County and the City of Beaumont for the City of Beaumont General Election being held jointly with Jefferson County. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - fl March 20, 2007 Consider approving an ordinance allowing for an additional six (6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired cl a ji City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 5, 2007 REQUESTED ACTION: Council consider passage of an ordinance allowing for an additional six (6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. RECOMMENDATION The Administration recommends approval of an ordinance allowing for an additional six (6) months for the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. BACKGROUND Due to extensive property damage caused by Hurricane Rita, on October 11, 2005, City Council approved Ord. No. 05-078 which allows residents to park, use and occupy recreational vehicles and travel trailers on their properties while repairs to their homes are being made. This ordinance specified a time frame of six (6) months. On April 4, 2006 and September 26, 2006, the City Council approved Ord. No. 06-021 and Ord. No. 06-064, granting a six (6) month extensions. However, due to many unresolved issues, there are still a large number of individual property owners who are unable to get back in their homes. Allowing the continued use of recreational vehicles and travel trailers as living quarters for an additional six (6) months would benefit those whose homes are still under construction. It would be in the best interest of these residents to allow them to remain close to their properties during this time of repair. It not only allows them to protect their property by being there, but also allows them to renjain in the City of Beaumont while their properties are being repaired. At a Public Hearing held on October 11, 2005, the City Council approved Ord. No. 05-078 allowing for a period of six (6) months the parking, use and occupancy of recreational vehicles and travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. By approving Ord. No. 06-021 on April 4, 2006 and Ord. No. 06-068 on September 29, 2006, the City Council, each time, extended the time period for six months. Recommended by City Manager, City Attorney, Public Works Director BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078 allowing for a period of six (6) months the parking, use and occupancy of recreational vehicles or travel trailers as temporary housing during the period of repair or reconstruction of hurricane -damaged properties; and, WHEREAS, on April 4, 2006, and September 26, 2006, City Council approved Ordinance Nos. 06-021 and 06-064, each granting a six (6) month extension; and, WHEREAS, a large number of individual property owners still are presently unable to occupy their residences; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Beaumont to extend the privilege for an additional six (6) month period to allow recreational vehicles or travel trailers to be occupied on residential property as temporary housing during the period of repair or reconstruction of hurricane -damaged properties NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT it is hereby permitted for an additional period of six (6) months from the effective date of this ordinance the parking, use, and occupancy of recreational vehicles or travel trailers on residential property as temporary living quarters by property owners while the damage to these properties caused by Hurricane Rita is being repaired. Section 2. It shall be unlawful for any person to park any such recreational vehicle or travel trailer used for purposes of occupancy as temporary living quarters on any street, highway, alley, sidewalk, or other public place in the City of Beaumont. Section 3. 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 4. That any person who violates 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, 2007. - Mayor Guy N. Goodson - 5 March 20, 2007 Consider approving a contact for litter removal services for City rights-of-way City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 12, 2007 REQUESTED ACTION: Council consider award of a contract for litter removal services for City rights -of way. RECOMMENDATION Administration recommends the award of an annual contract to Beaumont Products and Services, Inc. for furnishing litter removal services on arterial street rights-of-way and other specific areas at a rate of $12.64 per person, per hour worked. The contract will be effective April 1, 2007. BACKGROUND Beaumont Products and Services, Inc. (BPS) is defined as a private not-for-profit State certified workshop. State certified workshops encourage and assist disabled persons to achieve maximum personal independence by engaging in useful and productive activities. Job programs are designed for disabled individuals and marketed throughout the community. The State exempts political subdivisions from competitive bidding requirements when contracting with a certified workshop. BPS has been furnishing bi-weekly litter removal services on specific arterial streets since 1987. In 1996, the contract was changed to provide litter removal services on a pay per hour worked basis. This method allows staff to select the area in which litter removal services are of greatest need and assign the contractor to that area. BPS provides a crew of four (4) collection personnel and one (1) supervisor/driver, five (5) days per week, excluding City holidays. BPS will be paid $12.64 per hour, per person worked. This cost includes all labor, transportation, equipment, insurance, and litter disposal fees. The hourly rate provides the City with the option of using the crews only when and where needed. The hourly price of $12.64 reflects a 2.5% increase above the previous hourly rate of $12.33 which Contract for Litter Removal March 12, 2007 Page 2 was effective since April 2006. BPS requested the increase to cover rising insurance costs. During the past twelve months, BPS has worked approximately 9,525 labor hours, removing about 1,570 cubic yards of litter, at an estimated cost of $117,443. BUDGETARYIMPACT Funds are available in the Public Health Department, Code Enforcement Division operating budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual contract with Beaumont Products and Services, Inc. for furnishing litter removal services on arterial street rights-of-way and other specific areas at a rate of $12.64 per person per hour worked effective April 1, 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - March 20, 2007 Consider approving a contract for mowing privately owned developed and vacant properties in violation of weed ordinances RBEAUMO iTEXAS NF.S TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Max Duplant, Chief Financial Officer March 20, 2007 March 12, 2007 REQUESTED ACTION: Council consider the award of a contract for mowing privately owned developed and vacant properties in violation of weed ordinances. RECOMMENDATION Administration recommends the award of an annual contract to Perfect Cut Lawn Care of Beaumont for mowing privately owned developed and vacant properties for the unit prices stated in the attached tabulation resulting in the estimated annual cost of $81,400. BACKGROUND Privately owned properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve (12) inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance, the City's contractor mows the property and the property owner is fined. Bids were solicited for an annual contract to provide this mowing service for the Public Health Department, Code Enforcement Division. Specifications requested a minimum price for cutting properties 6,500 square feet or less in size, a second price per square foot for properties greater than 6,500 square feet but less than an acre, and a third price per acre for properties greater than one (1) acre. The majority of the properties are standard size lots between 6,500 and 8,500 square feet. Bids received are detailed on the attached tabulation. The apparent low bid was withdrawn by the vendor. The contract will be managed by the Code Enforcement Division. The Contractor will be given a list of properties to mow each day. All properties must be mowed within five (5) days after notification. Inspection of the properties will be made by the representatives in the Code Enforcement Division prior to payment to ensure compliance with the specifications. Mowing Contract - Privately Owned Properties Murch 12, 2007 Page 2 BUDGETARYIMPACT Fiends are available in the Public Health Department, Code Enforcement Division operating budget to cover the estimated annual cost of $81,400. e L, M 11 11 11 tr a. ail 11 00 0 0 00 00 I M V � O d9 69 M O O O fA 0 0 0 0 O O O O O O O O A . C a 00 O _ �-.0 0) 04 0 lap .; W r- !fl a J O l O 7 O M 'Co" a. a a__._i? > (D 0000 c yy0000 Z N U a O a O Qo 0 0 0 (D a0o00C D yX is co -tn a d~,w�&�� O C7 c o W c 3 O o o Do mm a.. 640-2 q -° ZN _ V3, 6c. U ID N Q N O= d OMr F- V 7 o A I �c U O � ¢�o m. U111 N JN I >>!M E Z ~ E N Q N C W Cl E<co 02 N ` 00~ ca 2M N .+ N gzCL W 00` Z m r O Qa m � vai y UJ �0Z O cl M 000 c c~ mmm >UII IC6cd RESOLUTION NO. WHEREAS, bids were received for an annual contract for mowing privately -owned developed and vacant properties in violation of weed ordinances; and, WHEREAS, Perfect Cut Lawn Care, Beaumont, Texas, submitted a bid for the unit prices stated in the tabulation below, resulting in an estimated annual cost of $81,400: Est. Annual Qty. Unit Price Ext. Price 6,500 s .ft. or less minimum bid 600 cuttings $15.00 $9,000.00 6,500 s .ft. u to one acre 24,000,000 s .ft. 0.0030 $72 000.00 One acre or greater 10 parcel > 1 acre $40.00 $400.00 TOTAL $81,400.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for an annual contract for mowing privately -owned developed and vacant properties for the unit prices stated above for an estimated annual cost of $81,400 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - March 20, 2007 Consider approving a contract for mowing City -owned and abandoned developed and vacant properties City Council Agenda Item �X c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 12, 2007 REQUESTED ACTION: Council consider the award of a contract for mowing City - owned and abandoned developed and vacant properties. RECOMMENDATION Administration recommends the award of an annual contract to Perfect Cut Lawn Care of Beaumont for mowing City -owned and abandoned developed and vacant properties for the unit prices stated in the attached tabulation resulting in the estimated annual cost of $45,420. BACKGROUND City -owned properties consist of donated property and lots purchased for neighborhood revitalization or street rights-of-way. Abandoned property is privately owned but the owners cannot be located. Currently, there are approximately 270 parcels of City -owned property ranging from 625 square feet to approximately 3.3 acres and 95 parcels of abandoned property ranging in size from 1,625 square feet to 28,675 square feet or approximately .7 of an acre. The Public Health Department, Code Enforcement Division staffmaintains a list of these properties and requires a contractor to mow them every six (6) weeks during the growing season. Bids were solicited for an annual contract to provide this mowing service. Contract specifications requested a minimum price for cutting properties 6,500 square feet or less in size, a second price per square foot for properties greater than 6,500 square feet but less than an acre, and a third price per acre for properties greater than one (1) acre. The majority of the properties are standard size lots between 6,500 and 8,500 square feet. Bids received are detailed on the attached tabulation. The contract will be managed by the Code Enforcement Division. The Contractor will be given a list of properties to mow each week. All properties must be mowed within five (5) days after notification. Inspection of the properties will be made by a representative from the Code Mowing Contract - City -Owned and Abandoned Properties March 12, 2007 Page 2 Enforcement Division prior to payment to ensure compliance with the specifications. BUDGETARYIMPACT Funds are available in the Public Health Department, Code Enforcement Division operating budget to cover the estimated annual cost of $45,420. H Z Q D Q m� W W IL °' OM J d. LUIL LU LU aZg Z 0 N z� a� 0a0 N O Q °° LL Z = VOa Q V Q L) o J N � ' M Z ~ O Q N.1 N O LL {O G ~ Q ZW m � a� I- O z W W W m1000 'C 0000 a Lo to Ln ~w64� E O cc O O N O m'i00� ma.6ROEA cll 000 U O O LA o coo H'c C v 03, WEA EA Co: EO (0 0 :3 00)0 m.UOMLn ma�, o o, C ci D U U O m c o ni C U O N U y.; 0 O m rnCX W �- I (D U E 7 N E U �C m E C O a) ) 4O N 0 7 L Q $ o m -(6(60 Lo Lf) c W 'W O m O O O O O Ln O Ln U 'r- 'COOWO O O 1- C> 00) ,- I,- 0) (Lo0rna) .0 x IT W 69 C O O a0 0 m E 1 O O N Ln L (D m a` v a C%4 60 O O .r V- EA 60? Z •E D 0 0 0 0 C O O Ln LA 'C: O O O O aoo�Ln It c~w643,6 I>`=1 O N O NO m N'`�00 2ma6-.o6A O 000 1l ! a0OOOoI m 'r-00NN 0000 '44. CL in Ln v H 69 3 w w O I� � Co ULnNo= a. Oo r CO 0 66, CL -EF II CY 6 U � IFO U C O O 0 U Q 0 O 0 O O m Q W L i E li I O O E � c m E�` u� OB O m a 11 L Q O�� O �0chv �' L Co ii \ 0 O VA' \`W / U Lo Lo/ c � ( W O lO . � I m1000 'C 0000 a Lo to Ln ~w64� E O cc O O N O m'i00� ma.6ROEA cll 000 U O O LA o coo H'c C v 03, WEA EA Co: EO (0 0 :3 00)0 m.UOMLn ma�, o o, C ci D U U O m c o ni C U O N U y.; 0 O m rnCX W �- I (D U E 7 N E U �C m E C O a) ) 4O N 0 7 L Q $ o m -(6(60 Lo Lf) c W 'W O RESOLUTION NO. WHEREAS, bids were received fora contract for mowing City -owned and abandoned and vacant properties; and, WHEREAS, Perfect Cut Lawn Care, Beaumont, Texas, submitted a bid in the estimated annual amount of $45,420 in the unit amounts as shown below: ; and, WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for an annual contract for mowing City -owned and abandoned and vacant properties in the amount of $45420 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - Est. Annual Qty. Unit Price Ext. Price 6,500 sq.ft. or less minimum bid 500 cuttings $15.00 $7,500.00 6,500 sq.ft. up to one acre 15,000,000 sq.ft. $0.0025 $37,500.00 One acre or greater 7 parcel > 1 acre $60.00 $420.00 TOTAL $45,420.00 ; and, WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for an annual contract for mowing City -owned and abandoned and vacant properties in the amount of $45420 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - Rq� March 20, 2007 Consider approving a bid for purchasing standby generator power systems to be used at several fire stations and at City Hall City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 12, 2007 REQUESTED ACTION: Council consider award of a bid for purchasing standby generator power systems. RECOMMENDATION Administration recommends awarding a bid for purchasing six (6) standby generator power systems for installation as noted herein to A & A Electric Company of Beaumont in the total amount of $122,630. BACKGROUND The generator sets specified in the bid will provide standby emergency generator power to the Fire Station Numbers 1, 5, 6, and 14, as well as Fire Headquarters and City Hall Technology Services Department as indicated below. These facilities currently have no permanent emergency power systems for occurrences of power outage. Each generator set will include a transfer switch which will allow the system to come on-line automatically when necessary, and upon restoration of utility power will automatically retransfer the electric load to normal operation and shut down the generator. LOCATION GENERATOR SIZE VOLTAGE FUEL Fire Station #1 100KW 120/208 Diesel Fire Station #5 60KW 120/208 Natural Gas Fire Station #6 60KW 120/208 Natural Gas Fire Station #14 60KW 120/208 Natural Gas Fire Headquarters 80KW 120/208 Natural Gas City Hall 100 KW 277/480 Natural Gas Purchase of six (6) Generators March 12, 2007 Page 2 Five (5) bids were received as reflected in the attached bid tabulation. The Building Services staff has reviewed the specifications for the equipment submitted by A & A Electric Company and has determined it meets all performance requirements. Installation of the generator systems will be provided by a private electrical contractor. Bids will be solicited for this purpose. BUDGETARYIMPACT Funds for the purchase of the generators in the total amount of $122,630 will be provided by a 2005 State Homeland Security Program (SHSP) grant, with no matching funds required. The installation of generators at the Fire Department facilities is estimated at $43,500 and has been budgeted in the Building Services operating budget. The installation of the generator at City Hall is estimated at $25,000 and will be funded by the Capital Reserve Fund. Total installation costs are estimated at $68,500. a CL 0 0 N oh N w T } ^Q r m w LL a 0 N �7 0 C? C3, 0 CLi 0 P L C~ ZW W CL 02 cc mm RESOLUTION NO. WHEREAS, bids were received for purchasing six (6) standby generator power systems for installation as shown below: LOCATION GENERATOR SIZE VOLTAGE FUEL Fire Station #1 100KW 120/208 Diesel Fire Station #5 60KW 120/208 Natural Gas Fire Station #6 60KW 120/208 Natural Gas Fire Station #14 60KW 120/208 Natural Gas Fire Headquarters 80KW 120/208 Natural Gas City Hall 100 KW 277/480 Natural Gas ; arid, WHEREAS, A & A Electric Company, Beaumont, Texas, submitted a bid in the amount of $122,630 in the unit prices shown below: 3 unit price price 1 100 kW Power System Diesel - Fire Station #1 $30,950.00 Manufacturer & Model Generac SD100 TOTAL BID: Delivery Time 30 to 40 days 3 60 kW Power System Natural Gas -#5,6&14 $16,300.00 $48,900.00 Manufacturer & Model Generac QT06030GNSN Delivery Time 30 to 40 days 1 80 kW Power System Natural Gas- Fire HQ $19,755.00 $19,755.00 Manufacturer & Model Generac QT 08046GNSN Delivery Time 30 to 40 days 1 100 kW Power System Natural Gas - City Hall $23,025.00 $23,025.00 Manufacturer & Model Generac QT10068KNSN Delivery Time 30 to 40 days TOTAL BID: $122,630.00 ; arid, WHEREAS, City Council is of the opinion that the bid submitted by A & A Electric Company, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by A & A Electric Company, Beaumont, Texas, for purchasing six (6) standby generator power systems for installation as shown above in the amount of $122,630 in the unit amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - March 20, 2007 Consider approving the purchase of a hazardous environment detection system for use by emergency workers City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 12, 2007 REQUESTED ACTION: Council consider the purchase of a RAE System hazardous environment detection rapid deployment kit system. RECOMMENDATION Administration recommends the purchase of a RAE System hazardous environment detection rapid deployment kit system through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program at a total cost of $99,435, with the equipment to be ordered from RAE Systems of San Jose, CA. BACKGROUND The release of toxic materials presents emergency first responders with the immediate challenge to determine what actions are needed to protect nearby populations. Immediate questions need to be answered regarding toxic plume travel direction and concentration levels, and decisions must be made regarding evacuations and road closures. The RAE Systems Rapid Deployment Kit (RDK) is a state of the art device for detection and continuous monitoring of toxic gases which may be released during hazardous material incidents. The RDK consists of six (6) portable wireless multi -gas detection devices and a controller equipped with a portable computer and software that tracks data sent from the detection devices by radio transmission. The equipment measures concentrations of flammable and explosive gases, oxygen, carbon monoxide, and hydrogen sulfide. Emergency workers can deploy the detectors into the hazardous area and return to a position of safety. The controller is capable of monitoring data transmitted from the detectors up to two (2) miles away. This reduces the potential for injury to workers from exposure to toxic substances. Purchase of RAE System March 12, 2007 Page 2 The proposed system includes the following components: Description Price Rapid Deployment Kit System Package including 4 AreaRae Detection Devices $39,000 2 additional AreaRae Detection Devices 13,100 Monitor and 4 -gas plus Isobutylene Calibration Kit 700 P1umeRAE Software Primary License 30,000 P1umeRAE Weatherpak Weather Station Package 13,750 RaeLink2 Repeater Package, Modem Extension Package 2,000 Carrying Case 500 Battery Charger and Cables 85 Shipping and Handling 300 Total Cost $99,435 Delivery is expected in approximately thirty (30) days. BUDGETARYIMPACT Funds for the expenditure will be provided by a 2005 State Homeland Security Program (SHSP) grant, with no matching funds required. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a RAE System hazardous environment detection rapid deployment kit system through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program at a total cost of $99,435. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - 10 March 20, 2007 Consider approving a bid for construction of a building at the Landfill City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 13, 2007 REQUESTED ACTION: Council award a bid for the construction of a building at the Landfill. RECOMMENDATION Administration recommends the award of a bid to Goss Building, Inc. in the amount of $95,000 for furnishing all labor, materials, equipment and supplies to construct a new ticket booth at the Landfill. BACKGROUND Four (4) bids were received on Thursday, March 8, 2007 for furnishing all labor, materials, equipment and supplies needed for the construction of a ticket booth building at the Landfill entrance. The new building will replace an older structure that has been onsite for over ten (10) years. The current building is a modified portable building built on skids. The new structure specified is a 10 ft. x 16 ft. x 10 ft. 9 inch pre -fabricated concrete building with a built-in work station and an ADA compliant restroom. The new building will be air conditioned and equipped with necessary cabling for computer and phone line access. The building is located at the entrance of the Beaumont Landfill located on Lafin Road. All customers must check-in at this site prior to entering. This booth is manned during normal working hours for verification of loads and payments. In addition to the building, the paved drive will be widened to accommodate the trucks entering the Landfill. This contract includes all concrete paved additions, electrical, plumbing and fixtures, HVAC and associated ducts and grilles and set up of building. Landfill Ticket Booth March 13, 2007 Page 2 The bids received are as follow: Contractor Price Completion Time Goss Building, Inc. $95,000.00 75 calendar days Beaumont, TX Specialized Construction $99,400.00 90 calendar days Beaumont, TX Bruce's General Construction $104,269.00 60 calendar days Beaumont, TX Cleveco Construction $134,250.00 90 calendar days Lumberton, TX Goss Building, Inc. planned to subcontract 22% of the project to an MBE. The subcontractor identified in his schedule is not a city or state certified MBE4RJB. The subcontractor has been contacted and plans to submit an application for certification. The General Contractor also noted that vendors from the City's current MBE list were contacted for bids but none responded. BUDGETARY IMPACT Finding is available in the Solid Waste Fund. RESOLUTION NO. WHEREAS, bids were received for furnishing all labor, materials, equipment and supplies to construct a new ticket booth at the Landfill; and, WHEREAS, Goss Building, Inc., Beaumont, Texas, submitted a bid in the amount of $95,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Goss Building, Inc., Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Goss Building, Inc., Beaumont, Texas, for furnishing all labor, materials, equipment and supplies to construct a new ticket booth at the Landfill in the amount of $95,000 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - ffl March 20, 2007 Consider approving a bid to furnish draperies for the Julie Rogers Theatre City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 6, 2007 REQUESTED ACTION: Council approval of a bid to furnish draperies for the Julie Rogers Theatre. RECOMMENDATION Approval of a bid for furnishing and installing draperies on nineteen (19) windows at the Julie Rogers Theatre to McKnight Drapery Service in the amount of $84,500. BACKGROUND One bid was received for furnishing and installing draperies for the north and south lobbies and 2' floor lobby windows at the Julie Rogers Theatre. Local manufacturers as well various vendors in and out of state were notified of the bid. Most companies contacted declined to submit a bid because of the limited completion time and the time required to make an onsite visit. Staff has been in contact with McKnight Drapery and fabrics selected should be delivered in time to complete the project by April 30. The drapes include a triple over swag with cascading drapes tied back to reveal the gold accented wall medallions. Fabric used in the manufacturer of the drapes will meet all fire and building code requirements. BUDGETARY IMPACT The cost of the drapes will be submitted to the City's insurance carrier for reimbursement. RESOLUTION NO. WHEREAS, one (1) bid was received for furnishing and installing draperies for the Julie Rogers Theatre; and, and, WHEREAS, McKnight Drapery Service submitted a bid in the amount of $84,500; WHEREAS, City Council is of the opinion that the bid submitted by McKnight Drapery Service should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THATthe bid submitted by McKnight Drapery Service for furnishing and installing draperies on nineteen (19) windows in the north and south lobbies and second floor lobby windows in the amount of $84,500 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - FIN March 20, 2007 Consider authorizing the City Manager to apply for and receive funding through the Emergency Management Performance Grant (EMPG) BEAUMONT,TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Frank C. Coffin, Jr., Chief of PoliceC� March 20, 2007 February 28, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive funding in the amount of $79,361 through the Emergency Management Performance Grant (EMPG). RECOMMENDATION Administration recommends authorizing the City Manager to apply for and receive funding through the Emergency Management Performance Grant (EMPG). BACKGROUND The Department of Homeland Security EMPG funding is provided to assist states and local governments in developing and carrying out emergency management programs. This includes mitigating costs of compliance with National Incident Management System, Incident Command System, planning, and training mandates. The federal funding guidelines are envisioned to cover half the anticipated operating expenses which are currently funded solely through the city's budget. BUDGETARYIMPACT City would receive grant funding in a total amount of $79,361 which would halve the $158,722 the City currently anticipates spending in fiscal year 2007. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding in the amount of $79,361 through the Emergency Management Performance Grant (EMPG) program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - 13 March 20, 2007 Consider authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2007 Port Security Grant Program to enhance the security of the Port of Beaumont i. BEIUMONT.TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Frank C. Coffin, Jr., Chief of Police March 6, 2007 February 28, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive funding in the amount of $1,825,000 through the Department of Homeland Security 2007 Port Security Grant Program. RECOMMENDATION Administration recommends authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2007 Port Security Grant Program. BACKGROUND The Department of Homeland Security Port Security Grant Program can be utilized to enhance the security of the Port of Beaumont which has been designated as critical to national infrastructure. The grant funds would be used for the purchase of 100 in -car camera systems, communication interoperability mobile antenna repeater system with two microwave backup links for existing repeater towers, and a fully equipped Chemical Biological Radiological Nuclear Explosive (CBRNE) Incident Response vehicle. This equipment would enhance Detailed information is attached for your review. BUDGETARY IMPACT City would receive grant funding in a total amount of $1,368,750 with the City of Beaumont responsible for $456,250. Funding will be provided by the Capital Programs Fund. COTP Zone: Port Arthur Port Area: Sabine Neches River Name of Applicant: Beaumont Police Department Document Type: Budget Budget Category Federal Amount Non -Federal Amount Personnel $0.00 Fringe Benefits $0.00 Equipment $1,368,750 $456,250 In -car camera system for 100 vehicles with data link and storage capability total:$ 595,000 Communication Interoperability mobile erectable antenna repeater system and two microwave backup links to existing repeater towers with support equipment total: $1,020,000 One (1) fully equipped CBRNE Incident Response Vehicle with Explosive Gas Detection System total:$ 210,000 Supplies $0.00 Construction $0.00 Consultants $0.00 Other Costs $0.00 Indirect Costs $0.00 Total Project Costs: $1,825,000 Federal Request $1,368,750 Non -Federal Amount $ 456,250 Budget Narrative • The Beaumont Police Department (BPD) respectfully requests funding to obtain the described equipment to enhance its ability to prevent, detect, prepare for, exercise command and control and respond to any criminal activity on the waterway within the Port of Beaumont infrastructure, and to assist other regional agencies in their support. BPD is depended upon to provide security, intelligence and command and control as well as respond to criminal or terrorist activity due to its size, expertise, equipment, and manpower capabilities. BPD must have the ability to effectively protect first responders during identification, acquisition and apprehension of hostile force(s), particularly with a threat as potentially deadly as an explosive detonated in a port facility supporting the national war on terror and potential conflagration of surrounding refineries. This equipment is directly tied to mitigating identified security deficiencies, and will reduce vulnerability to the viable threat of IEDs against shipping assets, and reduce the potential for injury by personnel checking for threats. With the addition of three new LNG terminals and the expansion of the Motiva Refinery to be the largest in the Nation, Beaumont is becoming even more critical to the national infrastructure than it already was. • The digital in -car digital camera system, with 100 unit cameras and supporting primary and storage servers and infrastructure equipment will provide critical surveillance capability to effectively and immediately communicate with police headquarters, the Port of Beaumont, Jefferson County, U.S. Coast Guard, and other agencies in this region. Wireless download capabilities and system components tying in the existing mobile data computers will provide immediate remote viewing capabilities to maintain command and control and coordination of protection and response efforts. Projected Cost: $595,000 • The communications interoperability project includes one (1) mobile erectable repeater antenna and support equipment and two (2) microwave backup links and supporting equipment for two existing repeater towers. This project is essential to maintain communications, command and control, conduct information searches and report incidents and coordinate response during emergencies or disasters where primary systems are rendered inoperable. Projected Cost: $890,000 • One fully equipped CBRNE Incident Response Vehicle with Explosive Gas Detection System to ensure all area police officers can safely deter, be protected from, approach, cover, identify and address hazardous threats from IEDs and hostile weapons fire. Police officers exposed to any hostility currently have little to no protection against any potential threat without access to this type of vehicle due to port infrastructure and terrain. This would be a shared asset supporting the whole Southeast Texas region. Further, the vehicle serves as a platform for conducting surveillance and detection operations with the thermal and infrared imaging equipment provided under previous round funding. The CBRNE response vehicle can be used to position or service existing or additional surveillance equipment even in hostile conditions. It will also serve as a command post and rescue vehicle during potential hostilities. Additionally, this project will provide a crucial requirement to become a Type I SWAT team under current NIMS guidance. Projected Cost: $210, 000 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding in the amount of $1,825,000 from the Department of Homeland Security 2007 Port Security Grant Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2007. - Mayor Guy N. Goodson - 14 March 20, 2007 PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program IU707J City of Beaumont �� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: March 20, 2007 AGENDA MEMO DATE: March 14, 2007 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following fifty (50) 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. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 1247 Avenue A (Commercial) 11. 2545 Euclid 2. 6090 Bigner Road (3) 12. 5585 Fannett Road (Commercial) 3. 3910 Bowen Drive (Rear Storage Bldg) 13. 6915 Fannett Road (Greenhouses) 4. 2180 Brickyard Road 14. 4510 S. 5" Street 5. 1735 Broadway (1) 15. 2275 Fillmore (Commercial) (1) 6. 920 Church 16. 2497 Fillmore 7. 6705 Concord Road (Garage Apt) 17. 1895 Franklin (1) 8. 1675 Delaware 18. 1928 Glasshouse S'. 9610 Doty (1) 19. 1890 Hamot 10. 7810 Easley Drive 120. 2635 Harrison (Garage) (#) Indicates number of times structure has been enrolled in work program. Continued 21. 1742 S. Herring 36. 1240 Madison Avenue (Garage) 22. 705 Highland Drive (Garage & Carport) 37. 1370 Madison Avenue 23. 3700 Highland (Commercial) 38. 1390 Madison Avenue 24. 5715 Indian Trl (Mobile Home) 39. 1400 Madison Avenue (Garage) 25. 325 Iowa 40. 5225 Margo Lane 26. 1175 Isla (Commercial) (Church) 41. 3710 Morningside 27. 850 Jackson 42. 2233 Neches 28. 1285 Jirou 43. 4295 Ogden Avenue 29. 3685 Johnstown 44. 4398 Ogden Avenue 30. 1701 Laurel (Commercial) 45. 1685 Park (Commercial) 31. 2965 Laurel 46. 2116 Pope 32. 1975 Leight 47. 1345 Sherman 33. 2460 N. Lynwood Drive 48. 370 N. 10'h Street (Commercial) 34. 3675 W. Lynwood Drive 49. 2825 Westmoreland (1) 35. 675 Madison Avenue 150. 3502 Westmoreland #) Indicates number of times structure has been enrolled in work program. RECOMMIENDATION Administration recommends City Council condemn these fifty (50) structures and order the owner to raze within ten (10) days. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure and have deteriorated to a condition 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 Building Codes Division and found to be dangerous structures as, defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Building Codes Division will demolish or cause to be demolished said structures. RECOMMENDED BY City Manager, Public Works Director and Building Official SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 1 INITIAL INSPECTION DATE January 19, 2006 WARD 3 ADDRESS OF INSPECTION 1247 Avenue A (Commercial) OWNER Monty Barry ET AL ADDRESS 1395 Franklin CITY/STATE (O1}-4312 APPRAISAL VALUE Land Value 8750 Improvement Value 45310 Total Value 54060 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Tkirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This commercial structure has extensive roof damage and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior. All damaged or rotten windows and window sills will need to be replaced. There is broken glass in the windows but the windows are boarded up. The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. There is graffiti sprayed on the side of the building. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • L • 1247 AVENUE A No Text C� 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 2' INITIAL INSPECTION DATE June 7. 2005 WARD 3 ADDRESS OF INSPECTION 6090 Bigner Road OWNER Mary Brown (Hames) ADDRESS 3270 Bennett Road CITY/STATE (08}4204 APPRAISAL VALUE Land Value 480 Improvement Value 2650 Total Value 3130 A. Fifty (50) percent deterioration of non -supporting members? YES X B. Thirty-three (33) percent deterioration of supporting members? YES X C. Fire damaged? YES D. Enrolled in Work Repair Program? YES X E. TAXES ARE DUE IN THE AMOUNT OF $540.08. NO NO NO X NO 6-30-05 thru 11-30-05 Extended until 5-16-06 Extended until 9-24-06 MAJOR CODE VIOLATIONS: There has been attempts to repair the roof but it appears to still be Sleakin . Roll roofing -was installed for the roof. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need replacing_ The windows need screens. There is extensive termite damage to the structure The interior flooring, ceiling and walls are damaged and will need to be repairecl The flooring is sagging All damaged electrical wiring and electrical fixtures will need to be replaced There is new outside electrical service but no interior electrical. Also all damaged plumbing and plumbing fixtures will need to be replaced Plumbing has been done but without permits or inspections. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS C L� 19010 B-rGNe- cz, Plumbing work without permits. No mspecuou n U Plumbing work without permits. No inspection Plumbing work without permits. No inspection No Text • CJ 0 02.27. No Text No Text � �f s {" LOGE *LE" M • • • No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 3. CITY OF BEAUMONT INITIAL INSPECTION DATE May 9, 2006 WARD 3 ADDRESS OF INSPECTION 3910 Bowen Drive (Rear Storage Building) OWNER Johnny Edward Bolden ADDRESS 5110 Gober Rd. . CITY/STATE (08k4815 APPRAL4AL VALUE Land Value 3990 Improvement Value 25650 Total Value 29640 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X A Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This storage building was crushed by a tree during Hurricane Rita. The tree has been removed. The rafters and fascia boards are rotted and will need replacing. The structure has extensive damage. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. Mw SEE ATTACHED PHOTOS 0 � s. 3910 BOWEN L� No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 4_ CITY OF BEAUMONT INITIAL. INSPECTION DATE March 6, 2006 WARD 3 ADDRESS OF INSPECTION 2180 BriclWard Rd OWNER Lou Ella Richard ET AL ADDRESS 9540 Kempwood Drive CITY/STATE Houston, Ta. 77080-3982 APPRAISAL VALUE Land Value 1930 Improvement Value 23110 Total Value 25040 A. Fifty (50) percent deterioration of non -supporting members? YES X NO & Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES X NO D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $1,573.71. MAJOR CODE VIOLATIONS: This structure has had extensive fire damage. The roof has extensive damage and new shingles will be needed The interior is charred and smoke damaged. The rafters and fascia rotten windows and window sills will need to be repaired. The rear exterior door needs to be replaced. The exterior siding is charred and damaged The interior flooring, ceiling and walls are fire damaged and will need to be repaired The interior has extensive damage. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. There is also a rear shed on the property. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • • 2180 BRICKYARD No Text No Text m No Text x t 1 T r" N 1111,00 n SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 5' INITIAL INSPECTION DATE June 20, 2006 WARD 3 ADDRESS OF INSPECTION 1735 Broadway OWNER Glenn F Weathing_ton ET UX ADDRESS 1561 N. 23rd St. CITY/STATE X06) APPRAISAL VALUE Land Value 8480 Improvement Value 12370 Total Value 20850 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Wort; Repair Program? YES X NO 6/26/06 thru 11/26/06 MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed The rafters and fascia boards are rotted and will need to be replaced. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be replaced. The front and back porches are deteriorated The exterior doors need to be replaced. There is possible termite damage The exterior siding is rotten and deteriorated. The foundation has extensive rot and deterioration. The interior flooring. ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced There is graffiti sprayed on the side of the building. There is also a garage on the 11rooerty Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 No Text � OIL No Text Al f, 4, '- t� awl killi i "W!► J`. 4pjk Lw 3 i 0► r r.. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 6 • INITIAL INSPECTION DATE November 14, 2006 WARD 4 ADDRESS OF INSPECTION 920 Church OWNER Mark McIntire (c/o March Richardson)_ ADDRESS 4575 N. Major Dr. CITY/STATE {13) APPRAISAL VALUE Land Value 2450 Improvement Value 1180 Total Value 3630 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. The roof has extensive damage and new shingles will be needed. There are holes in the roof. The rafters and fascia boards are rotted and will need replacing. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be replaced. The exterior siding is rotten and damaged. The interior flooring, ceiling and walls are damaged and will need to be repaired. AU damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • • yLV ca1UKC;li Us1,y, ,► ax �. u:. me 't r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 7' CITY OF BEAUMONT INITIAL INSPECTION DATE May 9, 2006 WARD 1 ADDRESS OF INSPECTION 6705 Concord Road (Garage Apartment) OWNER Ina Harris ADDRESS 5465 Cole Rd. CITY/STATE {084301 APPRAISAL VALUE Land Value 0 Improvement Value 5390 Total Value 5390 A. Fifty (50) percent deterioration of non -supporting members? YES X NO 13. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The exterior doors need replacing. The outside stairway has extensive deterioration. There is extensive termite AMkdamage to the structure. The exterior siding is rotten and dame ed. The foundation is damn ed. The interior flooring, ceiling and wails are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its 4ppraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 No Text No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 8. INITIAL INSPECTION DATE November 30, 2006 WARD 3 ADDRESS OF INSPECTION 1675 Delaware OWNER Mary Brown Reed ADDRESS 1675 Delaware CITY/STATE_ (03)::4315 APPRAISAL VALUE Land Value 2450 Improvement Value 10730 Total Value 13180 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES X NO A Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure has had extensive fire damage The roof has extensive damage and new shingles will be needed The interior has totally burned The rafters and fascia boards are burned and will need replacing. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired The windows are ail broken out. The exterior doors need to be replaced. The exterior siding is charred and damaged The foundation is damaged and needs to be leveled. The interior flooring, ceiling and walls have extensive fire damage and will need to be repaired All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible and neighbors complain about people going in. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • • ff 1675 DELAWARE No Text No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 9 • INITIAL INSPECTION DATE February 23, 2006 WARD 2 ADDRESS OF INSPECTION 9610 Doty OWNER Aaron & Rhonda Raczhovi ADDRESS 8379 Fairway Drive CITY/STATE @ APPRAISAL VALUE Land Value 4510 Improvement Value 38390 Total Value 42900 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 8/9/06 thru 1/9/07 MAJOR CODE VIOLATIONS: The roof on this structure is deteriorated and has missing and loose shingles. The rafters and fascia boards are rotted and will need replacing. There is missing fascia on the rear. There is water damage to the interior. All damaged or rotten windows and window sills will need to be replaced There is broken glass in the windows The front storm door needs to be replaced. There is termite damage to the structure. The exterior siding is rotten and damaged. The foundation has rotten bottom Dlates. The interior flooring, ceiling and walls are damaged and will need to be repaired. There is a rotten stud in the rear exterior wall. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. There is also a metal shed in the rear. The owner enrolled in a work repair program but has not bought a permit nor started an work. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 .. ;m. ' t R r � � 4 , w � iY y a r, a' �g 5 0. b I c. °S • • 9610 DOTY i '� • • • 02.15.2mi, No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 10. CITY OF BEAUMONT INITIAL INSPECTION DATE August 18, 2006 WARD 1 ADDRESS OF INSPECTION 7810 Easley Drive OWNER Perry Martin ADDRESS 5255 Margo Lane CITY/STATE �8�5019 APPRAISAL VALUE Land Value 0 Improvement Value 310 Total Value 310 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN TBE AMOUNT OF $936.30. MAJOR CODE VIOLATIONS: This structure has had extensive damage from Hurricane Rita. The metal has been blown off the roof. There is extensive water damage to the interior. The exterior doors need to be ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. A carport has also been heavily damaged Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 10 No Text • • 0 02.15.2097 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 11. INITIAL INSPECTION DATE May 24, 2006 WARD 4 ADDRESS OF INSPECTION 2545 Euclid OWNER Maxine F Straughter ESTATE c/o Bridgette Thomas ADDRESS 8210 Shenandoah CITY/STATE (061 APPRAISAL VALUE Land Value 1180 Improvement Value 8520 Total Value 9700 A. Fifty (50) percent deterioration of non -supporting members? YES X NO a Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $18,883.22. MAJOR CODE VIOLATIONS: The shingles on this roof are worn and deteriorated and new shingles will be needed. The fascia boards are rotted. There is water damage to the interior. The interior inspection was frames are damaged. The rear exterior door needs to be reQlaced. There is termite damage to the structure. The exterior siding is rotten and damaged. The foundation is sagging and has rotten sills. The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. There is also a metal shed in the rear. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • r 'k 0 G''f' M U q L1L No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 12. CITY OF BEAUMONT INITIAL INSPECTION DATE November 30, 2006 WARD 4 ADDRESS OF INSPECTION 5585 Fannett Road (Commercial) OWNER Bill Satterfield ADDRESS 5575 Fannett Road CITY/STATE (05� APPRAISAL VALUE Land Value 5560 Improvement Value 85370 Total Value 90930 A. Fifty (50) percent deterioration of non -supporting members? YES X NO & Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X A Enrolled in Rork Repair Program? YES NO X MAJOR CODE VIOLATIONS: This commercial structure was damaged by Hurricane Rita. The roof has holes and extensive damage. Part of the roof has been blown off. The canopy has completely been blown off. The rafters and fascia boards are rotted and will need to be replaced. There is extensive water damage to the interior. The front window glass have been broken out. The service station awning has been blown over. The interior flooring, ceiling and walls are damaged and will need to be repaired. The ceilings are falling in. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be reQlaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • r� 5585 FANNETT RD • No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 13. INITIAL INSPECTION DATE August 21, 2006 WARD 4 ADDRESS OF INSPECTION 6915 Fannett Road (Greenhouse and shed) OWNER David L. Richards ADDRESS 3008 Central Blvd. CITY/STATE Nederland, Tx. 77627-3322 APPRAISAL VALUE Land Value 14250 Improvement Value 0 Total Value 14250 A. Fifty (50) percent deterioration of non -supporting members? YES X NO a Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X A Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The greenhouse and shed on this property have !giaft collapsed and need to be cleaned up. Based on the extensive repairs needed for these structures and the fact that these repairs will exceed over 50% of its _awraised value, stats is recommending a raze order for the structures. LJ SEE ATTACHED PHOTOS Ii • E 0 " i r l"Ju,1 1 RF -u Dn]P L Aivli I MEEN HOUSE u SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE December 1, 2006 WARD ADDRESS OF INSPECTION 4510 S. 5`h Street OWNER Betty Moore ADDRESS 4510 S. 50 St. CITY/STATE (05)73039 APPRAISAL VALUE 4 Land Value 2730 Improvement Value 23830 Total Value 3630 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $19,084.11. 0 14. MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. The roof has extensive damage and new shingles will be needed There was extensive water damage to the interior noted at the first inspection The structure is now secure. There is mold and mildew throughout the structure. The front right side of the foundation is rotten and damaged. Some of the exterior siding has blown loose under the carport and front Dorch. The interior flooring, ceiling and walls are damaged and will need to be repaired. The ceilings are falling in All damaged electrical wiring and electrical fixtures will need to be replaced. The fixtures under the carport are damaged and the outside service will not meet code. Also all damaged plumbing and plumbing futures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • Ci 4,1U a. 51'li No Text No Text 411 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITLA,L INSPECTION DATE March 23, 2006 WARD ADDRESS OF INSPECTION 2275 Fillmore (Commercial) OWNER Floyd Sylvester ADDRESS 1805 Tulane CITY/STATE03}3937 APPRAISAL VALUE 15. Land Value 7120 Improvement Value 1400 Total Value 8520 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 5/12/06 thru 10/12/06 E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $3,346.15. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced. The carport attached to this �commercial structure has totally collapsed. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be replaced. Some of the windows are boarded. The front and back entrances are deteriorated. The exterior doors need to be replaced. There is no safe entry. There is possible termite damage. The exterior siding is rotten and deteriorated. The foundation has extensive rot and deterioration. The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS T 2275 FILLMORE No Text 0 X" a . . . . . . . ... F F� 74 Mj ,I \ n l SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE December 1, 2006 WARD ADDRESS OF INSPECTION 2497 Fillmore OWNER Malcolm & La Velle Parker ADDRESS 2497 Fillmore CITY/STATE (03)-2217 APPRAISAL VALUE Land Value 7910 Improvement Value 25020 Total Value 32930 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES X NO D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $23,067.14. 16. MAJOR CODE VIOLATIONS: This structure has had extensive fire damage. The roof has extensive damage and new shingles will be needed. The interior has totally burned The rafters and fascia boards are *burned and will need replacing. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired. The windows are all broken out. The exterior doors need to be replaced. The exterior siding is charred and damaged. The foundation is damaged and needs to be leveled. The interior flooring, ceiling and walls have extensive fire damage and will need to be repaired All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. There is also a large metal rear shed on the propertQ. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS 0 No Text No Text 0 � 0 No Text No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 17. INITIAL INSPECTION DATE June 22, 2006 WARD 3 ADDRESS OF INSPECTION 1895 Franklin OWNER Sherman and Sherman Inc. ADDRESS P O Boz 20656 CITY/STATE (20)-0656 APPRAISAL VALUE Land Value 6750 Improvement Value 0 Total Value 6750 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 7/14/06 thru 12/14/06 MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. There has been anew roof put on. All damaged or rotten windows and window sills will need to be replaced. The windows have broken glass. The interior flooring, ceiling and walls are damaged and will need to be repaired. The flooring in the kitchen is rotten and new floor covering will be needed. Also new wall covering is needed. All dame ed electrical wiring and electrical fixtures will need to be replaced. The structure has new electrical II e g.�' service. An electrical permit was nulled in 2005 but no inspections have taken place. Tke owner enrolled in a work program and bought repair permit but work has stopped and there has been no inspections Also aU damaged plumbing and umbing fixtures will need to be replaced. Based on the extensive repairs needed in s, ~ure and jWe fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze Order for this structure. SEE ATTACHED PHOTOS 0 I • 0 w 1895 FRANKLIN No Text No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 18. INITIAL INSPECTION DATE August 15, 2006 WARD 3 ADDRESS OF INSPECTION 1928 Glasshouse OWNER Gilbert Guillory ADDRESS 255 Fletcher CITY/STATE (03}-4117 APPRAISAL VALUE Land Value 1960 Improvement Value 1520 Total Value 3480 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. The roof has extensive damage and new shingles will be needed. A large tree has fallen across the structure and it is too dangerous to enter. The tree has been removed. The rafters and fascia boards are rotted and will need replacing There window sills will need to be replaced. The exterior siding is rotten and damaged. The foundation has been damaged. The interior flooring, ceiling and walls are damaged and will need to be repaired All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The owners are living in a FEMA trailer on this property Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 19. CITY OF BEAUMONT INITIAL INSPECTION DATE August 31, 2006 WARD 4 ADDRESS OF INSPECTION 1890 Harriot OWNER Elma Boudreaux ADDRESS 1890 Harriot CITY/STATE (OSk1817 APPRAISAL VALUE Land Value 3360 Improvement Value 17510 Total Value 20870 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. The roof has extensive damage by a tree falling across the back of the house. There is extreme damage. The tree is still there. The rafters and fascia boards are rotted and will need replacing. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be replaced. Some of the exterior siding is missing and damaged The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • 18YU tIARRIOT 'i'-" f,- .F k � f � ` t IN-- • W- No Text T �, � , • ;., - c .� - ` R �._ ,• �. _ _ .. ti� K, �( �µ� �6 � �� ��� i �H s � '� ��, � � E 0 15V U HARRIO I No Text • 0 � 4 �. ...2:e1*..... _ 75, No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 20 - INITIAL INSPECTION DATE June 1, 2006 WARD 1 ADDRESS OF INSPECTION 2635 Harrison (Garage) OWNER Stella LeBlanc Lass ADDRESS 5510 Briar Creek Dr. CITY/STATE (06�-7376 APPRAISAL VALUE Land Value 6250 Improvement Value 27320 Total Value 33570 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program`! YES NO X MAJOR CODE VIOLATIONS: The metal roof on this garage has been damaged and some of the metal is missing. The rafters and fascia boards are rotted and will need replacing. There is extensive water damage to the interior. The exterior siding is rotten and damaged. The structure is listing. Based on the extensive staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 +�.44 lit K, M # +x h zi 44 r LM SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 21. INITIAL INSPECTION DATE March 27, 2006 WARD 3 ADDRESS OF INSPECTION 1742 S Herring OWNER Lester Kirkmon ESTATE ADDRESS 1742 Herring St. CITY/STATE (01�-5858 APPRAISAL VALUE Land Value 700 Improvement Value 6150 Total Value 6850 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. TAXES ARE DUE IN THE AMOUNT OF $843.39. MAJOR CODE VIOLATIONS: This structure was deferred from the council meeting held December 5, 2006 The structure was damaged by Hurricane Rita. The rear section of this structure's roof is covered replacing There is extensive water damage to the interior. All damaged or rotten windows and window sills wiU need to be replaced Some of the windows are broken out. The foundation has rotten sills. The exterior siding is deteriorated The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible because the rear door is kicked in. The inside has trash stacked from the floor to the ceiling. The yard is very overgrown with vegetation and is trashed Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • • • 1742 HERRING No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 22. INITIAL INSPECTION DATE May 24, 2006 WARD 4 ADDRESS OF INSPECTION 705 Highland Drive (Garage and Carport) OWNER Matthew Todd Jones ADDRESS 705 Highland Dr. CITY/STATE (05}5134 APPRAISAL VALUE Land Value 2160 Improvement Value 22680 Total Value 24840 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $2,954.07. MAJOR CODE VIOLATIONS: This structure has damage from Hurricane Rita. A tree has fallen across the carport and garage and caused extensive damage. There is a car pinned beneath the tree on the carport needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 04` - J r am ff A i SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 23. INITIAL INSPECTION DATE August 24, 1993 WARD 4 ADDRESS OF INSPECTION 3700 Highland (Commercial) (]Lamar Theater) OWNER Jose J. & Genoveva Ruiz ADDRESS 450 Langham St. CITY/STATE (Ol}-5513 APPRAISAL VALUE Land Value 27640 Improvement Value 6730 Total Value 34370 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $4,465.70. MAJOR CODE VIOLATIONS: This structure has appeared before City Council numerous times and has been enrolled innumerous work programs. The structure has been condemned and has had injunctions filed. meeting. it was ordered that a fence be installed surrounding the nrouerty. No fence has been nut un. The inspection made 11/13/06 indicates this commercial structure's roof has extensive deterioration. Part of the roof is completely missing. New metal has been placed on parts of the roof but some were damaged by urricage Rita. There is water damage to the interior of the structure. Plate glass is broken out of all the windows. The interior flooring, ceiling and walls are damaged and will need to be repaired. The building has been stripped. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is oWn and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • • C 3700 HIGHLAND AVE SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 24. INITIAL INSPECTION DATE May 9.2006 WARD 1 ADDRESS OF INSPECTION 5715 Indian Tri (Mobile Home) OWNER Sandra Sutton ADDRESS 3446 HW 69 S CITY/STATE Lumberton, Ta. 77657 APPRAISAL VALUE Land Value 4500 Improvement Value 2420 Total Value 6920 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. TAXES ARE DUE IN THE AMOUNT OF $535.81. MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. The tree has been removed and the Yard cleared. The metal roof has extensive damage. There is extensive water damage to is trashed. The inspection was viewed through the windows. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS N ��� \\\\\\y \. �� z �� No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 25. INITIAL INSPECTION DATE April 24, 2006 WARD 4 ADDRESS OF INSPECTION 325 Iowa OWNER Wells Fargo Bank Minnesota ADDRESS 11000 Brokenland Pkwy CITY/STATE Columbia, MD 21044-3541 APPRAISAL VALUE Land Value 2790 Improvement Value 2520 Total Value 5310 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $7,320.46. MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. A tree has fallen across this structure's roof and still remains on the roof. There is extensive water damage to the interior. The sills will need replacing. The exterior doors need to be replaced. The interior flooring, ceiling and walls are damaged and will need to be repaired The ceilings are falling in. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced There is also a garage on the property. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS Y. F7--, ON �_" W... Lor No Text J r• '1 y�] ti. ���'` ^ V. No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 26. INITIAL INSPECTION DATE October 3, 2005 WARD 3 ADDRESS OF INSPECTION 1175 Isla (Commercial) (Church) OWNER Fellowship Baptist Church ADDRESS 1175 Isla CITY/STATE (03)-5432 APPRAISAL VALUE Land Value 2130 Improvement Value 485000 Total Value 487130 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure was deferred from the City Council meeting held on September 26, 2006 and the Council meeting held on December 5, 2006 and is now being brought back before this Council. This commercial structure's roof was completely blown off during Hurricane Rita. The rafters Aand fascia boards were damaged. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be replaced. The exterior doors are damaged. The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The church is secure behind a fence. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 I r Vd&W I . «, w SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 27' INITIAL INSPECTION DATE August 12, 2006 WARD 3 ADDRESS OF INSPECTION 850 Jackson OWNER John W Hayes ADDRESS 840 Jackson St. CITY/STATE (015948 APPRAISAL VALUE Land Value 0 Improvement Value 2110 Total Value 2110 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. TAXES ARE DUE IN THE AMOUNT OF $.521.10. MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. The roof has extensive deterioration and new shingles will be needed There is extensive water damage to the interior. The rafters need replacing The front porch is very rotten The exterior doors need to be replaced. There is termite damage to the structure The interior flooring, ceiling and walls are damaged and wiU need to be repaired. The inside is trashed The structure is open and accessible. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is located across from a school. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • • 0 850 JACKSON .1 3. 21307 Loot . s L • 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 28. INITIAL INSPECTION DATE May 5, 2006 WARD 3 ADDRESS OF INSPECTION 1285 Jirou OWNER Charles Allen ADDRESS 1285 Jirou CITY/STATE (01)::1118 APPRAISAL VALUE Land Value 710 Improvement Value 1730 Total Value 2440 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. There are holes in the roof. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The interior inspection was viewed through the windows because the structure 's so unsafe. The rear section of the structure is collapsing. The front porch is rotten. Thefrontdooris damaged. All damaged or rotten windows and window sills need replacing. The window frames are rotten The front exterior door is damaged. There is termite damage to the structure The exterior siding is rotten and damaged. The foundation is sagging and has rotten sills. The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced There is also a metal shed in the rear. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 Tii P, Ji w. m No Text 0 � 0 � � $ .�\ . !x .. No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 29 INITIAL INSPECTION DATE October 6, 2006 WARD 3 ADDRESS OF INSPECTION 3685 Johnstown OWNER Paulia Pearson ADDRESS 3685 Johnstown CTTY/STATE L03}-3024 APPRAISAL VALUE Land Value 1700 Improvement Value 16730 Total Value 2440 A. Fifty (50) percent deterioration of non -supporting members? YES X NO & Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $1,672.68. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed The rafters and fascia boards are rotted. There is extensive water damage to the interior. is termite damage to the structureThe exterior siding is rotten and damaged. The foundation is sagging and has rotten sills The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures wilt need to be replaced. The structure is open and vandalized and being stripped. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS L-1 • • -1053 JUNNS OWN No Text • • 1 ] No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 30. INTTIAL INSPECTION DATE October 12, 2005 WARD 3 ADDRESS OF INSPECTION 1701 Laurel (Commercial) OWNER H H Sanders and Sons ADDRESS 6850 Saratoga Cir CITY/STATE___f06}-5439 APPRAISAL VALUE Land Value 16680 Improvement Value 24140 Total Value 40820 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X A Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This commercial structure was damaged by Hurricane Rita. The metal sections of the structure were demolished by the owner. The back exterior wall of the main structure has collapsed. The building is open in the rear but has a locked gate and fence to make secure All damaged fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. 0 SEE ATTACHED PHOTOS Kx `! {�- �►, ,r #40 h ` f �I� a !. n 11 it luAl, e y wt; h ti g y ;� .,dam... -r.,.' w: ..':,.s Air h ` f �I� a !. n 11 it luAl, e y wt; h SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 31. INITIAL INSPECTION DATE April 10, 2006 WARD 1 ADDRESS OF INSPECTION 2965 Laurel OWNER Charlie Barlow ADDRESS 9340 Cumberland Dr. CITY/STATE (08)-1427 APPRAISAL VALUE Land Value 8950 Improvement Value 2600 Total Value 11350 A. Fifty (50) percent deterioration of non -supporting members? YES X NO a Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. There has been some cleanup but no repairs. The roof has extensive damage and new shingles will be needed. The rafters and fascia boards are rotted and will need replacing. The front porch is rotten and deteriorated and the back broken glass in the windows. Some missing windows are boarded. The foundation is sagging. The interior flooring, ceiling and walls are damaged and will need to be repaired. There is a hole in the ceiling. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS C r� C7 2965 LAUREL No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 32- INITIAI. INSPECTION DATE May 15, 2006 WARD 3 ADDRESS OF INSPECTION 1975 Leight OWNER Alton Minix ADDRESS 1975 Leight CITY/STATE (03h3439 APPRAISAL VALUE Land Value 1720 Improvement Value 6800 Total Value 8520 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $1,115.62. MAJOR CODE VIOLATIONS: The roof on this structure is collapsing. There is extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The front and rear porches are rotten. All damaged or rotten windows and window sills need Wnnlacip& The exterior doors need replacing. There is a padlock on the front door. The inspection was viewed through the windows. There is termite damage to the structure. The exterior siding is rotten and damaged. The foundation is deteriorated. The interior flooring, ceiling and walls are damaged and will need to be repaired. The ceilings are falling in. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • 1975 LEIGHT ,. r ,- .„Yr SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 33. P 2 2006 WARD 3 OMM,4,L INSPECTION DATE August 3. ADDRESS OF INSPECTION 2460 N. Lynwood Drive OWNER Debra Gilder ADDRESS 2460 N. Lynwood Dr. CITY/STATE (03)::2818 APPRABAL VALUE Land Value 3660 Improvement Value 9060 Total Value 12720 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $2,656.48. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All dammed or rotten windows and window sills need replacing. The exterior doors need replacing. The Ah ns ection was viewed through broken windows. There is termite damage to the structure. The exterior vp sidingis rotten and damaged. The foundation has a cracked slab. The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 a� - vp,-op,-_ f ar � f. N Ir 1i ' � F Y ' '* a a- � " 'qtr'• `� RL � i'•_ e. .�at4���� i)6 • • 0 w w No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 34. INITIAL INSPECTION DATE October 30, 2006 WARD 3 ADDRESS OF INSPECTION 3675 W. Lynwood Drive OWNER Edward M. Nelson III ADDRESS 710 NW 73' Terrace CITY/STATE Plantation, FL 33317 APPRAISAL VALUE Land Value 4410 Improvement Value 20180 Total Value 24590 A. Fifty (50) percent deterioration of non -supporting members? YES X NO a Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Rork Repair Program? YES NO X MAJOR. CODE VIOLATIONS: This structure was damaged during Hurricane Rita. The roof has extensive deterioration and new shingles will be needed. There are holes in the roof. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and damaged. The interior flooring, ceiling and walls are damaged and will need to be repaired. The structure is trashed on the inside. There is also a large pile of debris in the front yard. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is secure and the inspection was viewed through a small window in the side door. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS C` • • • 3675 W. LYNWOOD DR n:. '. No Text Ya s 10 !AIALAJ- at s s fin a 0 ...M U.W ALIN No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 35. OMTIAL INSPECTION DATE March 30 2006 WARD 3 ADDRESS OF INSPECTION 675 Madison Avenue OWNER Maurice J. Thomas ADDRESS 675 Madison St. CITY/STATE (017111 APPRAISAL VALUE Land Value 2730 Improvement Value 9070 Total Value 11800 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $8,352.27. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed The roof is collapsing The rafters and fascia boards are rotted and will need replacing. All damaged or rotten windows and window sills will need to be repaired. The exterior doors need to be placed. There is possible termite damage to the structure. The foundation needs repair. The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced There is also a dilapidated carport and shed on the property. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, suis recommending a raze order for this structure. SEE ATTACHED PHOTOS • �J • • b /, N A INN N �\� : � � � \�� � � ^ � \\�32!\ � \�� r� � � . ��� .:���\�<§ � � � ��� � § « ..�«.:.. ..� ..� a..:x e<. � � «»: . §... , r. . �� � j • • I No Text 0 a 0 � 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 36 CITY OF BEAUMONT' INITIAL. INSPECTION DATE May 12, 2006 WARD 3 ADDRESS OF INSPECTION 1240 Madison Avenue (Garage) OWNER Frederick & Rosie Sherman ADDRESS 1240 Madison CITY/STATE (017417 APPRAISAL VALUE Land Value 1960 Improvement Value 19330 Total Value 21290 A. Fiifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This garage was damaged by Hurricane Rita. There was extensive roof damage and all new shingles will be needed. The rafters and fascia boards are rotted and will need replacing. The exterior doors will need to be replaced. The exterior siding is rotten and damaged. Based on the value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 pom No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 37' INITIAL. INSPECTION DATE May 12, 2006 WARD 3 ADDRESS OF INSPECTION 1370 Madison Avenue OWNER Travoy L H Washington ADDRESS P O Boa 628%2 CITY/STATE San Antonio. Tx. 78262-8962 APPRAISAL VALUE Land Value 1960 Improvement Value 7080 Total Value 9040 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $6,416.97. MAJOR. CODE VIOLATIONS: This structure was damaged by Hurricane Rita. The roof has extensive damage and deterioration and new shingles will be needed. The rafters and fascia boards are rotted and will need re lacing. There is extensive water damage to the interior. AN damaged or rotten windows and window Offis will need to be repaired. The exterior doors need to be replaced.. There is extensive termite damage to the structure. The exterior siding is damaged and missing. The foundation needs repair. The interior flooring, ceiling, and walls are damaged and will need to be repaired. The interior is totally trashed. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The yard is very overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 9 • 0 1370 MADISON No Text yr .w •'F- ,9 '� �r A .':#" a SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT' O INITIAL. INSPECTION DATE July 21, 2006 WARD 3 ADDRESS OF INSPECTION 1390 Madison Avenue OWNED. Tray" L H Washington ADDRESS P O Boa 628%2 CITY/STATE San Antonio, Ta. 78262-8962 APPRAISAL VALUE Land Value 1960 Improvement Value 12660 Total Value 14620 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $8,609.90. MAJOR CODE VIOLATIONS: The roof on this structure has extensive damage and deterioration and new shingles will be needed. The rafters and fascia boards are rotted and will need replacing. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be epaired. The exterior doors need to be replaced. There is extensive termite damage to the structure. The exterior siding is damaged and missing. The interior flooring, ceiling and walls are damaged and will need to be repaired. The interior is totallv trashed. The structure is open and accessible and_being stripped. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • 1390 MADISON �_ �u _ .-,,; k,,, • • r� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 39. IOINITIAL. INSPECTION DATE May 12, 2006 WARD 3 ADDRESS OF INSPECTION 1400 Madison Avenue (Garage OWNER Calvin Jones ADDRESS 1400 Madison CITY/STATE (OI)t7516 APPRAISAL VALUE Land Value 1430 Improvement Value 17340 Total Value 18770 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR. CODE VIOLATIONS: This garage is about to collapse. The roof has extensive rot and deterioration, Most of the roof is missing. All of the siding is rotten and missing. The structure is very dangerous. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed SEE ATTACHED PHOTOS 0 • • 1400 MADDISON SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 40' INITIAL INSPECTION DATE March 31 2006 WARD 1 ADDRESS OF INSPECTION 5225 Margo Lane OWNER Kevin Baird ESTATE ADDRESS 5225 Margo Lane CITY/STATE X083-5019 APPRAISAL VALUE Land Value 6790 Improvement Value 28830 Total Value 35620 A. Fifty (50) percent deterioration of non -supporting members? YES X NO a Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $12,455.92. MAJOR CODE VIOLATIONS: This structure was damaged by Hurricane Rita. The roof has extensive dame and new shingles will be needed. A tree is still across the roof. The rafters and fascia boards are rotted and will need replacing. The front and back porches are rotten and deteriorated. All damaged or �oww tten windows and window sills will need to be repaired. There is termite damage to the structure. The foundation is damaged. The interior flooring, ceiling and walls are damaged and will need to be repaired. The structure is open and accessible and being stripped. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing_ fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. _ SEE ATTACHED PHOTOS Ej • • 5225 MARGO LN • M.27.2W • • C r � { SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 41 CITY OF BEAUMONT' INITIAL INSPECTION DATE November 1. 2006 WARD 3 ADDRESS OF INSPECTION 3710 Morningside OWNER Johnny Lee Bryant ADDRESS 4855 Coolidge CITY/STATE 106)-7427 APPRAISAL, VALUE Land Value 3150 Improvement Value 1740 Total Value 4890 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X A Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure was damaged during Hurricane Rita. The roof has extensive deterioration and new shingles will be needed. The entire roof is about to collapse. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows walls are damaged and will need to be reaaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure! is secure and the insp'.ection was viewed through a small window in the side door. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • • 3710 MORINGSIDE No Text • C SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 42. 10 INITIAL INSPECTION DATE April 6, 2006 WARD 3 ADDRESS OF INSPECTION 2233 Neches OWNER Helen Ruth Janice ADDRESS 2233 Neches CITY/STATE (017010 APPRAISAL VALUE Land Value 1390 Improvement Value 21670 Total Value 23060 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $9,425.33. MAJOR; CODE VIOLATIONS: This structure was severely damaged by a large tree across the rear of the house during Hurricane Rita. The roof has extensive damage and deterioration and new shingles will be needed. The rafters and fascia boards are rotted and damaged and will need replacing. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired. The exterior doors need to be replaced. The exterior siding is damaged and missing. The foundation needs repair. The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures wilt need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS 0 No Text Z51 . look Ir f�r Ak "t'st l fit, -ILI 4LA, rl Jo 1 Noma I mum res An I Now a OW Ira ]WIN 400 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 43 - INITIAL INSPECTION DATE June 15, 2006 WARD 4 ADDRESS OF INSPECTION 4295 Ogden Avenue OWNER Ruby Scantling c% Mrs. Arthur Jones ADDRESS 5323 Shady Maple Dr. CITY/STATE Kingwood, Ta. 77339-1273 APPRAISAL VALUE Land Value 1850 Improvement Value 540 Total Value 23" A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. TAXES ARE DUE IN THE AMOUNT OF 5403.03. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed. There are huge holes in the front part of the roof. The rafters and fascia boards are rotted and will need replacing. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be repaired. The exterior doors need to be replaced. There is termite damage to the structure. The exterior siding is damaged and missing. The foundation needs repair. The interior flooring„ ceiling and walls are damaged and will need to be repaired. The interior has extensive rot. All dame ed electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS C� • • 4LY, gJUI) N No Text C7 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 44' INITIAL INSPECTION DATE August 9, 2006 WARD 4 ADDRESS OF INSPECTION 4398 Ogden Avenue OWNER Bobby J. Buford ADDRESS 4398 Ogden CITY/STATE (0* -3730 APPRAISAL, VALUE Land Value 3900 Improvement Value 27480 Total Value 31380 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES X NO D. Enrolled in Work Repair Program? YES NO X MAJOR: CODE VIOLATIONS: This structure has had extensive fire damage. The roof has extensive damn a and new shingles will be needed. The interior is totallYgutted by fire. The rafters and fascia boards are burned and will need replacing. There is extensive water damage to the interior. All damaged or rotten lowindows_and window sills will need to be repaired. The exterior doors need to be replaced. There is termite damage to the structure. The exterior siding is charred and damaged. The foundation needs repair. The interior flooring, ceiling and walls are fire damaged and will need to be repaired. The interior has extensive damage. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. The yard is overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • • r � U 4398 OGDEN » . � 4L W / ^\. OL < . + z � FAY, - .�� IP «. ` ■ . .: . ■ . . ■. "i 7 • m OVA xt + x j +R ry tip it S 1 z e Em _WAD" - : No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 45. INITIAI., INSPECTION DATE October 21, 2005 WARD 3 ADDRESS OF INSPECTION 1685 Park (Commercial) OWNER Yvonne F. Como ADDRESS P O Bog 2603 CITY/STATE (04) APPRAISAL VALUE Land Value 12390 Improvement Value 19650 Total Value 32040 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJORR, CODE VIOLATIONS: The roof on this commercial structure has extensive deterioration and new shingles wiU be needed There are holes in the rear section of the roof. The rafters and fascia boards are rotted and will need replacing There is extensive water damage to the interior. The front porch has All damaged electrical wiring and electrical fixtures will need to be realaced. Also all damaged alumbing and plumbing fixtures will need to be replaced The structure is secure at the present. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, s1:aff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 11 � ! \���§ • ® � Im cl No Text Figure 5 ��!111 I RPMW7"-;i no 02.13.2= SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 46. INITIAL, INSPECTION DATE October 25, 2006 WARD 3 ADDRESS OF INSPECTION 2116 Pope OWNED; Freddy Broussard ADDRESS 1225 S. r St. CIMSTATE L01)::4702 APPRAISAL VALUE Land Value 1960 Improvement Value 3030 Total Value 4990 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR. CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed. A tree has fallen onto the side of the structure. There are holes throughout the roof and a blue tarp is covering the roof. The rafters and fascia boards are rotted. There is extensive water damage to the 'nterior. The exterior doors need replacing. There is extensive termite damage to the structure. The exterior siding is rotten and damaged. The foundation has a cracked slab. The interior flooring, ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing_ fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • tot ......... 1 Af JI, 01 Mal mm No Text No Text mss- SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 47' INITIAL INSPECTION DATE December 7, 2006 WARD 3 ADDRESS OF INSPECTION 1345 Sherman OWNER Beaurguard Williams ADDRESS 1345 Sherman CITY/STATE (01)-6339 APPRAISAL VALUE Land Value 740 Improvement Value 560 Total Value 1300 A. Fyf y (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES X NO D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure has had extensive fire damage. The roof has extensive damage and new shingles will be needed. The interior is totally gutted by fire. The rafters and fascia boards are burned and will need replacing. There is extensive water damage to the interior. All damaged or rotten Aftwindows and window sills will need to be repaired. The exterior doors need to be replaced. There is termite Mw damage to the structure. The exterior siding is charred and damaged. The foundation needs repair. The interior flooring, ceiling and walls are fire damaged and will need to be reaaired. The interior has extensive damage All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its alipraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS No Text � m Al � / \ \ �! � � �. .. �\ � \� wr i r Y Y �r +*c SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 48 INITIAL: INSPECTION DATE April 26, 2006 WARD 1 ADDRESS OF INSPECTION 370 N 10' St (Commercial) OWNED. Greg & Lou Anderson ADDRESS 96 N. r Street CITY/STATE (023-2439 APPRAISAL VALUE Land Value 6750 Improvement Value 26890 Total Value 33640 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X A Enrolled in Work Repair Program? YES NO X MAJOR: CODE VIOLATIONS: This commercial structure was damaged by Hurricane Rita. The roof has extensive deterioration and is covered only by felt paper. The rafters and fascia boards are rotted and will need replacing There is extensive water damage to the interior. There is mold and mildew throughout. All The rear door is damaged The interior flooring. ceilings and walls are damaged and will need repair. All d ma etI electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and 1p umbintg fixtures will need to be replaced. Staff spoke with the owners on the day of inspection and the owners were very unhappy that an inspection was being done. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 M 04e AJ 3 a �3 I M •• Al,_ No Text No Text CJ • • / -:` ^\� � �� ^ . . \� � � 2 : \\ . 9 i SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 49. INITIAL, INSPECTION DATE March 31, 2006 WARD 4 ADDRESS OF INSPECTION 2825 Westmoreland OWNER Lucille Oakley ESTATE c/o Glenn Bodwin ADDRESS 2318 Park St. CITY/STATE (01-7039 APPRAISAL VALUE Land Value 2020 Improvement Value 15000 Total Value 17020 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 615/06 thru 11/5/06 E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $3,282.58. MAJOR. CODE VIOLATIONS: This structure's roof has loose and missing shingles. The rafters and fascia boards are rotted and will need to be replaced. There is extensive water damage to the interior. All damaged ASkor rotten windows and window sills will need to be replaced. The back porch and steps are deteriorated. The qw exterior doors need to be replaced. There is extensive termite damage. The exterior siding is rotten and deteriorated. The foundation has extensive rot and deterioration. The interior flooring, ceiling and walls are damaged and will need to be repaired. The floors are sagging due to the foundation problems and the ceilings are falling in. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • :7 • 2825 WESTMORELAND No Text p A No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 50. INITIAL., INSPECTION DATE November 15, 2006 WARD 4 ADDRESS OF INSPECTION Joseph & Maa Kennedy OWNED: 3502 Westmoreland ADDRESS 3515 Saint James Blvd. CITY/STATE LO&I103 APPRAISAL VALUE Land Value 1470 Improvement Value 17280 Total Valu: 12050 A. Fifty (50) percent deterioration of non -supporting members? YES X NO R Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $3,474.62. MAJOR: CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed The rafters and fascia boards are rotted. There is extensive water damage to the interior. replacing. The front and back porches are deteriorated. The exterior doors need replacing. There is possible termite damage to the structure. The exterior siding is rotten and damaged. The foundation is sgaing and has rotten sills. The interior flooring. ceiling and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • kr, 0 No Text No Text I �'' ' � l! k �+ / • yrr- q�ra � � �.a �Sh-. �: d �� � � y F .w � � '� �$�I °FFu kg's^ j`�¢a� '° r4 'r i° ���it� �,�N ��w ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION; 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. 1247 Avenue A Commercial 6. 1175 Isla Commercial Church 2. 6090 Bi ner Road 27. 850 Jackson 3. 3910 Bowen Drive Rear Storage Bldg) 8. 1285 Jirou 4. 2180 Brickyard Road 29. 3685 Johnstown 5. 1735 Broadway 30. 1701 Laurel Commercial 6. 920 Church 31. 2965 Laurel 7. 6705 Concord Road (Garage Apt) 2. 1975 Leight 8. 1675 Delaware 33. 2460 N. Lynwood Drive 9. 9610 Doty 34. 3675 W. Lynwood Drive 10. 7810 Easley Drive 35. 675 Madison Avenue 11. 2545 Euclid 36. 1240 Madison Avenue (Garage) 12. 5585 Fannett Road Commercial 37. 1370 Madison Avenue 13. 6915 Fannett Road Greenhouses 38. 1390 Madison Avenue 14. 4510 S. 5TR Street 39. 1400 Madison Avenue (Garage) 15. 2275 Fillmore Commercial 40. 5225 Margo Lane 16. 2497 Fillmore 41. 3710 Morningside 17. 1895 Franklin 42. 2233 Neches 18. 1928 Glasshouse 43, 4295 Ogden Avenue 19. 1890 Harriot 44. 4398 Ogden Avenue 0. 2635 Harrison (Garage) 45. 1685 Park Commercial 1. 1742 S. Herring 46. 2116 Pope 2. 705 Highland Drive (Garage & Carport) 7. 1345 Sherman 3. 3700 Highland Commercial 8. 370 N. 10trl Street Commercial 24. 5715 Indian Trl Mobile Home 9. 2825 Westmoreland 25. 325 Iowa 150. 3502 Westmoreland 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 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 and Section 14-52 of the Code of Ordinances of Beaumont, Texas, 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. 1. 1247 Avenue A Commercial 6. 1175 Isla Commercial Church 2. 6090 Bi ner Road 27. 850 Jackson 3. 3910 Bowen Drive Rear Storage Bld 8. 1285 Jirou 4. 2180 Brickyard Road 29. 3685 Johnstown 5. 1735 Broadway 0. 1701 Laurel Commercial 6. 920 Church 31. 2965 Laurel 7. 6705 Concord Road (Garage Apt) 32. 1975 Leight 8. 1675 Delaware 33. 2460 N. Lynwood Drive 9. 9610 Doty 134. 3675 W. Lynwood Drive 10. 7810 Easley Drive 35. 675 Madison Avenue 11. 2545 Euclid 36. 1240 Madison Avenue (Garage) 12. 5585 Fannett Road'Commercial 37. 1370 Madison Avenue 13. 6915 Fannett Road Greenhouses 38. 1390 Madison Avenue 14. 4510 S. 5TM Street 39. 1400 Madison Avenue (Garage) 15. 2275 Fillmore Commercial 40. 5225 Margo Lane 16. 2497 Fillmore 41. 3710 Morningside 17. 1895 Franklin 42. 2233 Neches 18. 1928 Glasshouse 43. 4295 Ogden Avenue 19. 1890 Harriot 44. 4398 Ogden Avenue 0. 2635 Harrison (Garage) 45. 1685 Park Commercial 1. 1742 S. Herring 46. 2116 Pope 2. 705 Highland Drive (Garage & Carport) 7. 1345 Sherman 23. 3700 Highland Commercial 8. 370 N. loth Street Commercial 24. 5715 Indian TO Mobile Home 9. 2825 Westmoreland 5. 325 Iowa 50. 3502 Westmoreland If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. If the property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and all delinquent taxes shall be paid in full or a payment plan -executed prior to the enrollment of the property in the! work program. Section 4. 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 5. 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, 2007. - Mayor Guy N. Goodson -