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HomeMy WebLinkAboutPACKET AUG 25 2009 (02)RICH WITH OPPORTUNITY 11EA,11M0N* T• E• X- A- S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER AUGUST 25, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Lauren Williams Mason will fill the unexpired term of Chris Reed on the Planning and Zoning Commission. The term would commence August 25, 2009 and expire December 10, 2010. (Councilmember Alan B. Coleman) A) Authorize the City Manager to execute a contract with Lamar University for the lease of space in the Downtown Public Library located at 801 Pearl Street B) Approve the waiver of penalties and interest on three tax accounts processed by the Jefferson County Tax Assessor -Collector's Office C) Approve Change Order No. 1 and the final payment for the 2008 Asphalt Street Rehabilitation Program D) Approve a contract for the purchase of asphalts, oils and emulsions for use by the Streets and Drainage Division E) Adopt an alternative retirement plan for part-time, seasonal and temporary employees and appoint a Plan Administrator for the Public Agency Retirement System F) Approve a contract for concession management services G) Authorize the acquisition of property in the N. A. McMillan Addition for the Downtown Park and Event Center H) Authorize the settlement of the claim of Edward E. Zachary RICH WITH OPPORTUNITY 11EA,UM0N* T- E - X - A• S TO: FROM: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager August 25, 2009 C.7 REQUESTED ACTION: Council consider authorizing the City Manager to execute a contract with Lamar University for the lease of space in the Downtown Public Library located at 801 Pearl Street. RECOMMENDATION Administration recommends approval. BACKGROUND Downtown is the historic, cultural and entertainment center of the city. City staff and representatives of Lamar University have a desire for the University to have a presence in the Central Business District. Lamar is excited about the revitalization efforts occurring downtown which adds to the quality of life for its students, and the City of Beaumont is supportive of efforts and projects that attract additional people to downtown venues. As a result, Lamar plans to lease the bottom floor of the Downtown Library to offer continuing education programs to the public and to relocate their Small Business Development Center. The lease agreement is for a period of five years. Lamar would pay the City $75.00 per month as rent and be responsible for their cost of utilities (water, electricity, heating, garbage) based on the prorated square footage of the leased premises. Lamar would also be responsible for janitorial services related to their lease space. The proposed lease agreement is attached for your review. BUDGETARY IMPACT Annual rent of $900.00 will be received. STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THIS CONTRACT and LEASE made and entered into this, the day of , 2009, by and between the City of Beaumont, Texas, hereinafter known as Lessor, and Lamar University, a component of the Texas State University System, a state agency, hereinafter known as Lessee. WITNESSETH that Lessor, in consideration of the rents to be paid and of the covenants herein contained on the part of the Lessee to be kept, observed and performed, has demised and leased, and by these presents does hereby demise and lease, unto the Lessee the following described property and premises and also as described in Exhibit "A" attached hereto, hereinafter known as Leased Premises and made a part hereof: Bottom floor of the downtown public library located at 801 Pearl, Beaumont, Texas. 1. (a) The term of this Lease shall commence upon Lessee's occupancy and possession of leased premises and extend for sixty (60) months unless sooner terminated as hereinafter provided. Lessor and Lessee will execute a letter establishing the date of occupancy of the Leased Premises. If no such letter is executed then the lease term shall commence within thirty (30) days of the City's issuance of a Certificate of Substantial Completion to the contractor for renovations. (b) Lessee shall use and occupy the Leased Premises as an educational facility open to the public, and for related purposes, including, but not limited to, civic purposes, and broadcast services during the full term of this lease. Should Lessee fail to continue Page 1 to use the premises for these intended public purposes, the lease shall terminate and Lessor shall be allowed to retake the premises. 2. (a) Lessee agrees to pay Lessor Seventy -Five and No/100 Dollars ($75.00) per month as rent for said premises for the term of this Lease. (b) For the term of the Lease, Lessor shall submit to Lessee monthly statements for the cost of those utilities (water, electricity, heating, garbage) billed to Lessee based on the prorated useable square footage of the building occupied by Lessee accompanied by an affidavit as required bylaw. Lessee shall be responsible to pay, by the applicable due date, for those utilities metered directly and/or prorated to the 13371 square feet of Leased Premises. (c) Should the Lease term be terminated as herein provided, other than by lapse of time, all of Lessee's obligation to pay rent under the terms of this Lease shall be made only to the date of such termination. Should the Lessor furnish less or provide greater space than is provided on its proposal, the total monthly rental and applicable utilities shall be adjusted proportionally. 3. Lessee hereby agrees that all payments for rent and utilities shall be made to Lessor at the following address: City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 Page 2 9 (a) Lessor agrees that all invoices for rent and utilities (and any reasonably necessary and appropriate maintenance) to be borne by Lessee and all written notices shall be made to Lessee at the following addresses: Dr. James Simmons IOo01 4AA9-la,tin-LutherKinq-Parkway Fd ox Beaumont, Texas 77q -G&- '71771 0 (b) Lessee is responsible for the installation, maintenance and all costs associated with its telephone system. The Leased Premises are leased without a telephone system. 61 Restrooms, elevators, stairs, hallways, lobbies, parking lots, courtyards, walkways, and all other common areas of the building are for the joint use of Lessee and the other occupants of the building. Lessee and its officers, employees, agents, and invitees will use such common areas in a reasonable, orderly, and sanitary manner in cooperation with all other tenants and their officers, employees, agents and invitees. Lessor covenants and agrees to pay all taxes of whatever nature, levied and assessed and to be levied or assessed, on or against the leased property and improvements, if any, during the term of the Lease; and to keep the Leased Premises, property and buildings in good repair and condition during the continuance of the term of this Lease, said maintenance to cover parking and grounds, exterior walls, roof, and common areas. Lessee agrees to be responsible for the janitorial services within the 13371 square feet of Leased Premises. Page 3 7. It is further understood and agreed that if the Lessor does not maintain the premises and all appurtenances thereto, as heretofore specified, in reasonably good repair, reasonable wear and tear excepted, the Lessee shall notify the Lessor in writing in reference thereto by registered mail. If, within thirty (30) days after such notice has been received by Lessor, said Lessor fails to take steps to remedy the grievance specified, the Lessee may terminate this Lease by notice in writing to the Lessor. Lessor further covenants that it will place Lessee in possession of said premises free from any claims of all parties in possession and of third parties claiming rights in and to the use of said premises, and that Lessor has a good and clear title to the demised premises. Lessor warrants and defends until Lessee against the claims of all persons to the leasehold interests of the Lessee. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, improvements in, to or about the Leased Premises; provided, however, that such consent shall not be unreasonably withheld. It is important that Lessor maintain control of the premises to ensure that the Leased Premises is not inconsistent with the Lessor's intended purpose. Any work done by Lessee in, to or about the Leased Premises shall be done in a good and workmanlike manner and without impairing the structural integrity of the building, and no liens shall attach to the Leased Premises or to the building of which same are a part. Page 4 10. On termination of this Lease, by lapse of time or otherwise, Lessee may, within a reasonable time thereafter, at its option and expense, remove from said premises any and all improvements, equipment, appliances or other property placed or owned by it thereon; and shall deliver up said premises and property to Lessor in as good order and condition as they are , or may be put by the Lessor, provided, however, that reasonable use, ordinary wear and tear, depreciation, damages or destruction by fire or the elements or unavoidable casualty and repairs, and replacements, forwhich the Lessor is obligated, are expected. ism If, during the term of this Lease, said premises, or any portion thereof, shall be condemned for any public purpose, Lessee shall have the option of terminating and cancelling this Lease upon thirty (30) days notice to Lessor of its election so to do. 12. It is mutually agreed between the Lessor and Lessee that if said building and premises shall, during the term of this Lease or previous thereto, be slightly damaged by fire or any other cause or causes, the same shall be promptly repaired by Lessor. But if said building and premises be so damaged as to render said premises unfit for occupancy, then, and from the date of such damage, this Lease shall cease and be void; and rent and other obligations hereunder shall be due and payable only to the date of such damage. 191 Lessor shall not be liable to Lessee for damage or loss to personal property unless such loss or damage is caused by negligence of Lessor, as allowed by law. Lessee shall Page 5 procure and maintain all insurance which it deems necessary for its protection against loss of or damage to any property in or on the Leased Premises. IEE To the extent authorized under the Texas Tort Claims Act and the Constitution of the State of Texas, Lessee shall indemnify Lessor in the event Lessee shall be in default in the payment of rentals or other charges hereunder or shall otherwise breach its covenants or obligations hereunder, and shall be and remain in default for a period of thirty (30) days after notice from Lessor to it of such default, Lessor shall have the right and privilege of terminating this Lease and declaring the same at an end, and of entering upon and taking possession of said premises, and shall have the remedies now or hereafter provided by law for recovery of rent, repossession of the premises and damages occasioned by such default. 15. To the extent authorized under the Texas Tort Claims Act and the Constitution of the State of Texas, Lessor shall indemnify Lessee in the event Lessor shall breach or be in default in the performance of any of the covenants or obligations on it herein imposed, and shall remain in default for a period of thirty (30) days after notice from Lessee to it of such default in which cause/event Lessee shall have the right and privilege of terminating this Lease and declaring the same at an end, and shall have the remedies now or hereafter provided by law for recovery of damages occasioned by such default. 16. Lessee will comply with any and all laws, ordinances, rules, orders and regulations of the federal, state and local governments 6 y -i -A e laujS o jC -1-K e J74a Ile- Page e Page 6 o f ic—f 17. This Lease may be renewed and extended by mutual written agreement for an additional five (5) year term at the same rental and under the same conditions as this Lease. Either party may terminate this Lease with or without cause by giving written notice to the other at least sixty (60) days prior to the date such cancellation is effective. 19. The failure of the Lessee or Lessor to insist in any one or more instances on a strict performance of any of the covenants of this Lease shall not be construed as a waiver or relinquishment for the future of such covenant or option, but the same shall continue and remain in full force and effect. 20. All proposals, negotiations, notices, and representations with reference to matters covered by this Lease are merged in this instrument and no amendment or modification thereof shall be valid unless evidenced in writing and signed by both parties. EXECUTED this day of , 2009. 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O r a a � s y ro o� a a c r O ° E cC m ti ro�m c o m F m [ F °° E m •° o F E E 7 a c W Ux'3xcF4�P.UO hU xOw F��' U u; r3 N3 F H3 F E h W' i E E a y c o a o U 0 0 O o Q 0 o O E E a o o 0 0 o st z a w W o c • � F a �c � E c E d z z � z �, h C Qi m 0f m 6S of 00 i o 10 cl) mm Op y [ [ ,sl of [ [ cC V Y U O 5 " U m a°a vi .°a t d' M X U w M �"' °� op O O Y U ,-, Cn U .moi H •'[. �-� U L F O W O > C O �' > 3 F a • 3 O %. p ac r` N m �' •-i [ 0� N •F '3 L °: UJ N O U '� W is z Q� z O O V z W z Z X O o •F U. tl " y o U ° U o W N N o N N E N ~ • mz G c z N m z eo eoz O _U is cD N w~ !.r ti N .^a N wa wo 3� zNo 3¢ 30 The mission of the Division of Continuing Education is to promote life-long learning by extending the resources of Lamar University to the Southeast Texas region, the state, the nation and in some instances, internationally. Non -Credit Programs (NCP) is a non-profit, self-supporting department within the Division of Continuing Education at Lamar University in Beaumont, Texas. NCP offers classes that are designed to provide high quality, low cost educational opportunities to members of the community. As these classes are not for college credit, participants do not have to go through the college admissions process. Healthcare/Medical Courses Personal Enrichment Professional Development Language Learning Environmental Learning Med Aide Update The Professional Writers Center Non -Profit Management Certificate Program Computer Learning Pre -Marriage Education SHRM: Professional HR Development GMAT Preparation Class Engineering Ethics Video Presentations Industry Seminars Telecommuters Certificate Retirement Planning Classic Escapes - Learning Vacations Small Business Development Center - College of Business - Lamar University LAA UIVITY A MEMBER OF THE TEXAS STATE UNIVERSITY SYSTEM Page 1 of 2 Home News Resource Training & Events Contact Us Entrepreneurship @ Lamar University CLASSES Call 409-880-2367 We provide free one-on-one consulting and affordable training seminars. Our expert consultants act as your sounding board, helping you work through management, marketing, finance and operational business issues. Our instructors share their real-world, practical business experience with you in training sessions. Whether you're just starting out, experiencing your first growing pains, or wanting to take your business to the next level, you can access vital business information, education and assistance through the Lamar University Small Business Development Center (SBDC). SBDC consultants help clients develop strategies, attract customers, increase sales, improve productivity and profitability. Since the LU SBDC is part of the University of Houston SBDC Network we can connect your business to resources and tools you need to succeed. Through network programs we can help you sell to the government, do business internationally, or commercialize your technology. To schedule an appointment, call our SBDC office at 880-2367 or 1-800-722-3443. The Lamar University SBDC is a business consulting and training center of the University of Houston Small Business Development Center Network. The UH SBDC Network serves 32 counties in Southeast Texas. The Lamar University SBDC is also part of the Lamar University College of Business. Lamar University is part of the Texas State University System. The views and opinions expressed in this document are strictly those of the author(s) and do not necessarily reflect the views or opinions of the State of Texas, the Regents or officials of The Texas State University System, the Lamar University Administration, any Lamar University college or department, or any recognized Lamar University organization. Comments on the contents of this document should be directed to the author(s). UH SBDC Network is a program of the UH CT Bauer College of Business and a resource partner of the US SMall Business Administration. The SBDC is partially funded by the US Small Business Administration. SBA's funding is not an endorsement of any products, opinions or services. SBA's programs are extended to the public on a non-discriminatory basis. The University of Houston is an EEO/AA institution. http://sbdc.cob.lamar.edu/ 8/21/2009 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 Lamar University for the lease of space in the Downtown Public Library located at 801 Pearl Street. The lease is $75 per month for an annual amount of $900. Lamar is responsible for their cost of utilities (water, electricity, heating, garbage) based on the prorated square footage of the leased premises. Lamar will also be responsible for janitorial services. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY [11'CnA,[1M0N* T• E• X• A• S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: August 25, 2009 REQUESTED ACTION: Approve the waiver of penalties and interest on three tax accounts processed by the Jefferson County Tax Assessor -Collector's Office. BACKGROUND Section 3 3. 011 of the State Property Tax Code states "the governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioners' Court approved the waiver of penalties and interest on the accounts on August 10, 2009. A letter from the Tax Assessor -Collector is attached for your review as well as information relating to the three tax accounts. BUDGETARY IMPACT None. MIRIAM K. JOHNSON TAX ASSESSOR -COLLECTOR August 12, 2009 Kyle Hayes City of Beaumont P O Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: SUSIE JAMES CHIEF DEPUTY The Tax Office has accepted three (3) payments that were processed according to Sec. 33.011 of the State Property Tax Code. For your information, Sec. 33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners' Court met on August 10, 2009 and approved waiver of penalty and interest on these accounts which are listed on Attachment A. I am now requesting that you present this information to your governing body in order to ratify the Commissioners' Court action in accepting these payments. If you should have any problems or questions concerning this matter, please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, iJ MIRIAM K. JOHN ON Assessor -Collector of Taxes Jefferson County, Texas MKJ:db Attachment Waive p &i letter JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the penalty and interest on the accounts shown on Attachment A be and are hereby waived pursuant to Section 33.011(a)(2) of the Texas Property Code. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - ATTACHMENT A WAIVER OF P & I — CITY OF BEAUMONT Taxpayer's Name Total Levy Waiver of P & I Account Number Paid Re uested 1. Sabih Mostafa 1247.70 286.97 017250-100/043800-00000 2007 2. Galen Key 34.21 4.11 047550-001700 2007 3. Michael Hall 344.64 62.04 051000-001200 2008 TOTAL 1626.55 358.25 C RICH WITH OPPORTUNITY B1'C6A,U1A0N* T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Director of Public Works August 25, 2009 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No. 1 in the amount of $7,085.96 and final payment in the amount of $194,030.77 for 2008 Asphalt Street Rehabilitation Program. RECOMMENDATION Administration recommends approval of Change Order No. 1, in the amount of $7,085.96, for adjusting estimated construction quantities to match quantities actually used during the performance of the project and to authorize final payment in the amount of $194,030.77 to LD Construction. BACKGROUND On May 27, 2008, City Council awarded LD Construction the contract for the 2008 Asphalt Street Rehabilitation Program Project for the amount of $3,873,529.40. Due to increase in the construction quantities, Change Order No. 1 in the amount of $7,085.96 is required to adjust the estimated quantities during the performance of the project increasing the contract amount to $3,880,615.36. The MBE participation will not be required because the general contractor has been certified as a Minority Business Enterprise. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. BUDGETARY IMPACT Funds are available in the Capital Program. STATE OF TEXAS COUNTY OF JEFFERSON PROJECT NO. CONTRACTOR( ADDRESS � ��<l f% 6&614d Lli? �Q5 7777 AFFIDAVIT OF PAYMENT the undersigned authority, on this day personally appeared, who being by me duly sworn, stated the following: "My name is I am r7LS and as such am dul authorized to make this affidavit. OAll, bills for labor, materials, equipment, and other indebtedness connected with the work which forms the basis for the attached certified estimate have been paid, . withi SEAL (INDIVID AL'S SIGNATURE ,SWORN TO AND SUBSCRIBED TO BEFORE ME, the undersigned authority on 20.x. Notary Sir re`' Notary P V` �°LYU '' MY COMMISSION EXPIRES State of Texa s'i. May29,21]113 CITY OF BEAUMONT OTE: August 5, 2009 PROJECT: 2008 ASPHALT STREET REHABILITATION PROGRAM PROJECT OWNER: CITY OF BEAUMONT CONTRACTOR: LD CONSTRUCTION CHANGE ORDER NO.: 1 (FINAL) THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Adjust the Estimated Quantities to reflect the Actual Quantities used in completing the project. ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER: TOTAL PERCENT CHANGE TO DATE: NEW CONTRACT AMOUNT: CONTRACT TIMES IS NOT AFFECTED BY THIS CHANGE ORDER` OCCEPTED BY: ��C NTRACTOR APPROVED BY: JORIS P. COLBERT,P.E. CITY ENGINEER THOMAS A. WARNER, P.E. DIRECTOR OF PUBLIC WORKS KYLE HAVES, CITY MANAGER ATTESTED BY: CITY CLERK $3,873,529.40 $3,873,529.40 $7,085.96 0.18% 0.18% $3,880,615.36 W W H Z O Q W m LL O \ p�ji0 • ;SIO WLL X00 w x� W W a 0 W W IL �I Y 3 LL ! w a 00 O O N tP m O O O N ISI �- m< OMi O N •- MM N 0 _ O - -_ o I. 7-" 10 O 'i0 O o ''. 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W UILL w m Q a 2 212 S W a w U¢ a i OW Oy$m F U U W } W O w 0 o o 0 0 0 0 6 0� o 0 0 0 0 0 6 o -'?- j o D o m o 0 -0 0 0 0 0 0 0 0 O z a' O z Q W O r O i 0 0 0 0 0 0 m m a U W it= ZL_____L_I_-N N R a U M M M m O M N � ui o ui v O t0 GOV 10 wf! O W W w w W w W W Z z W Q W to F- F- L" V) w a w 7 ~ O W W Ua O 0 J Q RESOLUTION NO. WHEREAS, on May 27, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-162 awarding a contract in the amount of $3,873,529.40 to LD Construction, Beaumont, Texas, for the 2008 Asphalt Street Rehabilitation Program; WHEREAS, Change Order No. 1 in the amount of $7,085.96 is required to adjust estimated construction quantities to match quantities actually used, thereby increasing the contract amount to $3,880,615.36; and WHEREAS, the project has been inspected and completed in accordance with the terms and conditions of the contract and should be accepted; 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. 1 in the amount of $7,085.96, thereby increasing the contract amount to $3,880,615.36. BE IT FURTHER RESOLVED THAT the 2008 Asphalt Street Rehabilitation Program Project be and the same is hereby accepted. BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $194,030.77 to LD Construction. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - �'J ,.i ii k'Il'I1 011['i;t.I "Ji FI [I 17L T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer August 25, 2009 Council consider authorizing the award of a contract for the purchase of asphalts, oils, and emulsions. RECOMMENDATION The administration recommends the award of a contract to Martin Asphalt Company of Houston in the annual estimated amount of $121,850.00. BACKGROUND Bids were requested for an annual contract for asphalts, oils and emulsions for use by the Public Works Department, Streets and Drainage Division. The materials are used as bonding agents in the maintenance and repair of streets. In addition to street repairs, these materials will be used for the Street Rehabilitation Program. Bid notices were provided to three (3) vendors with Martin Asphalt being the only bidder responding with pricing reflected in the table below. Product Description Estimated Quantity - Gallons Unit Price / Gal. Total Price SS -1: Slow set oil base 6,000 $1.85 $11,100.00 RS -2: Rapid set oil base 10,000 $1.85 $18,500.00 AES -300: Water base emulsion 30,000 $1.95 $58,500.00 AE -P: Primer 15,000 $2.25 $33,750.00 TOTAL $121,850. BUDGETARYIMPACT Funds are available in the Public Works Department, Streets and Drainage Division's operating budget and in the Capital Program. RESOLUTION NO. WHEREAS, bids were solicited fora contract for the purchase of asphalts, oils, and emulsions for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, Martin Asphalt Company of Houston, Texas, submitted a bid in the estimated amount of $121,850.00 in the unit amounts shown below: Product Description Estimated Quantity - Gallons Unit Price / Gal. Total Price SS -1: Slow set oil base 6,000 $1.85 $11,100.00 RS -2: Rapid set oil base 10,000 $1.85 $18,500.00 AES -300: Water base emulsion 30,000 $1.95 $58,500.00 AE -P: Primer 15,000 $2.25 $33,750.00 TOTAL $121,850.00 ;and, WHEREAS, City Council is of the opinion that the bid submitted by Martin Asphalt Company of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Martin Asphalt Company of Houston, Texas, for a contract to purchase asphalts, oils, and emulsions for use by the Public Works Department, Streets and Drainage Division in the unit amounts as shown above for an annual estimated amount of $121,850.00 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - E ., ; . e. dl i C Ii 0 Y i' t i, T U Ni i- S' 1111EA►111�lcl T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer August 25, 2009 REQUESTED ACTION: Council consider adopting an alternative retirement plan for part-time, seasonal, and temporary employees and appointing a Plan Administrator. RECOMMENDATION Administration recommends Council adopt the PARS 457 Trust, including the PARS Section 457 FICA Alternative Retirement Plan and appointing the Chief Financial Officer as the City's Plan Administrator for the Public Agency Retirement System. BACKGROUND On July 29, 2009 by Resolution 09-217, Council authorized the City Manager to execute an agreement with Public Agency Retirement Services (PARS) to provide an alternative retirement system for part-time, seasonal, and temporary employees (PSTs). In the Alternative Retirement Plan the employee will contribute 6.2% which is the current amount contributed for Social Security (FICA) and the City will contribute 1.3% for a total contribution of 7.5%. The employee will be fully vested in his/her individual accounts upon the date of employment, will see an increase in take-home pay because the 6.2% contribution will be deducted pre-tax, and upon separation from the City, may immediately receive, without penalty, the amount in the account. BUDGETARYIMPACT Potential savings of $27,000, in payroll taxes in the first year, depending upon the total number of employees and their related wages. Resolution No. CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS WHEREAS it is determined to be in the City's best interest and its employees to provide a Qualifying Retirement System for its employees not currently eligible for such a Qualifying Retirement System, thereby meeting the requirements of Section 11332 of the Omnibus Budget Reconciliation Act (OBRA 90) and Section 312 1 (b)(7)(F) of the Internal Revenue Code (IRC); WHEREAS the Public Agency Retirement System (PARS) has made such a system available to the City and its eligible employees and qualifies under OBRA 90 Section 11332, IRC Sections 3121(b)(7)(F) and 457(b), and meets the meaning of the term "retirement system" as given by Section 218(b)(4) of the Federal Social Security Act. NOW THEREFORE, BE IT RESOLVED THAT: The City Council hereby adopts the PARS 457 Trust, including the PARS Section 457 FICA Alternative Retirement Plan, effective , 2009, the Effective Date for the benefit of employees on that date and hired thereafter; and 2. The City Council hereby appoints the Chief Financial Officer, or his/her successor or his/her designee, as the City's Plan Administrator for the Public Agency Retirement System; and The City's Plan Administrator is hereby authorized to implement the plan(s), execute the PARS legal documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in PARS and to maintain PARS compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City's PARS plan(s). AYES: NOES: ABSENT: ABSTAIN: PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON , the City Clerk of the City Council of the City of Beaumont of Jefferson County, Texas, hereby certifies that the above foregoing resolution was duly and regularly adopted by said City at a regular meeting thereof held on the , and passed by a vote of said Council. IN WITNESS WHEREOF I have hereunto set my hand and seal this City Clerk ra RICH WITH OPPORTUNITY BEA,UMON*, T - E - A - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer August 25, 2009 Council consider authorizing the award of contract for concession management services. RECOMMENDATION The Administration recommends the award of a contract to Treat America Food Service of Merriam, Kansas. BACKGROUND Requests for Proposal were solicited for a three (3) year contract with an option to renew for an additional three (3) years for concession management services. Concession management services include catering, concessions and event sales of beer, liquor and novelties. Facilities include the Civic Center, Julie Rogers Theater, Jefferson Theater and Riverfront Park. Bid notifications were provided to four (4) vendors and one (1) response was received. Treat America Food Service has been the vendor for the past six (6) years. The proposed percentages of cross sales to be paid to the Citv are as follows: DESCRIPTION PERCENTAGE Vending N/A Beer / Liquor 26.5 Catering 12 Third Party / Novelties 50 Concessions 23 Commission rates remained the same except for catering which was 14.1 percent and concessions which was 26.5 percent. Page 2 August 25, 2009 Concession Management Services The concessionaire is responsible for maintaining all state and local licensing and insurance for the operation of a food and liquor service. They are granted exclusive rights to sell and distribute food, alcoholic and non-alcoholic beverages, catering rights and privileges, incidental sales, services, programs, periodicals and novelties. The concessionaire is not allowed to sell tobacco or tobacco products. BUDGETARY IMPACT Revenue for fiscal year 2009 was budgeted at $75,800 and revenue for fiscal year 2010 is budgeted at $84,000. Revenues will be deposited in the General Fund. RESOLUTION NO. WHEREAS, bids were received for a three (3) year contract for concession management services at the Civic Center, Julie Rogers Theater, Jefferson Theater and River Front Park; and, WHEREAS, Treat American Food Service, Merriam, Kansas, submitted a bid with fixed percentages to be paid to the City as shown below: and DESCRIPTION PERCENTAGE Vending NA Beer / Liquor 26.5 Catering 12 Third Party / Novelties 50 Concessions 23 WHEREAS, City Council is of the opinion that the bid submitted as shown above should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Treat America Food Service, Merriam, Kansas, for a three (3) year contract for concession management services at the Civic Center, Julie Rogers Theater, Jefferson Theater and River Front Park, with an option to renew for an additional three (3) years, at the fixed percentages shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY r T - E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: August 25, 2009 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property in the N. A. McMillan Addition for the Downtown Park and Event Center BACKGROUND As part of the development of the Downtown Event Center and Lake Park, lots are being acquired in downtown Beaumont in the area bordered by Martin Luther King Jr. Parkway, Crockett Street, Neches Street and an abandoned rail line. Owners of the property listed below, have agreed to convey to the City, property for a parking area adjacent to the event center: Lots One through Six (1-6), inclusive, Block Eight (8) N. A. McMillan Addition Value: $165,996.00 Owners: Loretta A. Watkins and Cecil W. DuBois The total value of the property includes the subtraction of $4.00 for retained property. BUDGETARYIMPACT Funds are available in the Capital Program. engdubois-ib.wpd 17 August 2009 LJ -14 qs 11 14 • 140 n 1401 0 ,, •• « ' M Q . �• A ' .e`er, 4 12 r x 16 b tSl IV Sx' EF 140 M IOJ^" _ ti dao $ e 140 O d• -ate^"" 190 � �, r • , 14 ask 2 S, ARC 140 ;do - PLAT MAP ' N n + in w' NaL RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property as shown below for the Downtown Event Center and Lake Park: Lots One through Six (1-6), inclusive, Block Eight (8), N. A. McMillan Addition Value: $165,996.00 Owners: Loretta A. Watkins and Cecil W. DuBois NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the above described property be, and the same is hereby, approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - H RICH WITH OPPORTUNITY 11 I'EA, T - E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City AttojYll� MEETING DATE: August 25, 2009 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Edward E. Zachary. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Edward E. Zachary. BACKGROUND Council discussed the settlement of this claim in Executive Session on August 4, 2009. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the sum of $55,000.00. RESOLUTION NO. WHEREAS, the claim of Edward E. Zachary has been discussed in an Executive Session properly called and held Tuesday, August 4, 2009; 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 Edward E. Zachary in the amount of Fifty -Five Thousand Dollars ($55,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY 1111c,A11IM011* T• E• X• A• S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER AUGUST 25, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 2-13/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider a request for an amended specific use permit to allow the expansion of a medical office in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 4229 Eastex Freeway 2. Consider approving the purchase of a fire truck 3. Consider amending Article II Sec. 26-23 of the Code of Ordinances by adding Tyrrell Park Road to the Schedule of Streets to increase the speed limit to a 40 miles per hour speed limit between the Milebrandt Bayou Bridge and Fannett Road (SH 124) 4. Consider amending Article II Sec. 26-23 of the Code of Ordinances by adding R.F.D. Road to the Schedule of Streets to increase the speed limit to a 40 miles per hour speed limit between SH 105 and US 69/96 (Eastex Freeway) Consider amending Article II Section 26-24 of the Code of Ordinances to update the locations and limits of school speed zones 6. Consider adopting an ordinance approving the institution of a Cost of Service Adjustment rate schedule by Centerpoint Energy Entex which provides for an annual rate cost of service and rate base adjustment based upon the Company's annual cost data 7. Consider adopting an ordinance granting a public utility franchise to Centerpoint Energy Texas Gas Operations to operate a gas utility within the City of Beaumont 8. Consider adopting the 2009 Drought Contingency Plan and renewing the City's commitment to Chapter 28, Article III, Section 28-59 of the Code of Ordinances 9. Consider authorizing the City Manager to enter into contracts for the purchase of homes and the provision of relocation assistance for their owners of houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program 10. Consider approving a resolution authorizing the City Manager to execute water and/or wastewater service agreements with City of Beaumont wholesale customers 11. Consider approving a one year contract with Blue Cross Blue Shield of Texas for employee medical and dental insurance 12. Consider authorizing the City Manager to implement contribution rate changes for retirees in the medical plans 13. Consider approving a contract with CVS Caremark for Pharmacy Benefit Manager services for City employees 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 WORKSESSION Review and discuss the proposed FY 2010 Budget Review and discuss the proposed FY 2010 Capital Program Review and discuss the proposed 2009 (FY 2010) Tax Rate PUBLIC HEARING * Receive comments on the proposed FY 2010 Budget and proposed FY 2010 Capital Program PUBLIC HEARING * Receive comments on the proposed 2009 (FY 20 10) Tax Rate 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: Douglas Manning, et al v. City of Beaumont Derrick Newman v. David Todd Burke, et al Fannett Entertainment, Inc. v. City of Beaumont, et al Eric Kvarme, et al v. City of Beaumont, et al 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 August 25, 2009 Consider a request for an amended specific use permit to allow the expansion of a medical office in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 4229 Eastex Freeway RICH WITH OPPORTUNITY 11 Ai 11 1�1 C1 11 (r C T E - X - A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager CSS PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 25, 2009 REQUESTED ACTION: Council to consider a request for an amended specific use permit to allow the expansion of a medical office in an RM - H (Re .,idential Multiple Family Dwelling -Highest Density) District at 4229 Eastex Freeway. RECOMMENDATION The Administration recommends approval of the amended specific use permit subject to the following condition: The building shall meet all building code requirements and shall be securely fixed to a permanent foundation. BACKGROUND Dr. John Webb, representing Beaumont Medical Clinic, has applied for an amended specific use permit. In August, 1986, City Council approved a specific use permit to allow a parking lot on the subject property. The parking lot was to serve the Medi -Quick Medical Care Centers medical office that was located at 5220 Eastex Freeway. At that time, the property was also rezoned to RM -H. Beaumont Medical Clinic, the current tenant, has moved a 2,016 sq. ft. portable commercial building onto a portion of the rear parking lot to augment the existing medical practice. A building permit was applied for on July 3, 2007. The building had been moved to its present location approximately seven days prior to the permit application. Dr. Webb states that the building will be open from 8:30 a.m. to 6:00 p.m. A 7' tall wood screening fence exists along the north property line and a portion of the east property line. Staff has been informed that the building will be at this location for two years. However, windstorm requirements require that the building be placed on a permanent foundation. With the placement of the building, the parking lot is being re -arranged to accommodate 39 parking spaces. Twenty-two parking spaces are required for the existing building and the new addition. At a Joint Public Hearing held August 17, 2009, the Planning Commission recommended approval 6:0 of an amended specific use permit subject to the following condition: The building shall meet all building code requirements and shall be securely fixed to a permanent foundation. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO BEAUMONT MEDICAL CLINIC TO ALLOW THE EXPANSION OF A MEDICAL OFFICE IN AN RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICTAT 4229 EASTEX FREEWAY. WHEREAS, on August 5, 1986, City Council approved Ordinance 86-78 issuing a specific use permit to Medi -Quick Medical Care Centers to allow a parking lot on property located at 4325 Treadway; and, WHEREAS, the applicant, Beaumont Medical Clinic, current tenant, wishes to amend the specific use permit to allow the expansion of a medical office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 4229 Eastex Freeway, being Tract 98, Plat D-23, F. Bigner Survey, Ab. 26, City of Beaumont, Jefferson County, Texas, containing 0.2639 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow the expansion of a medical office in an RM -H (Residential Multiple Family Dwelling - Highest Density) District for property located at 4229 Eastex Freeway; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance 86-78 be amended by amending the specific use permit granted to Medi - Quick Medical Care Centers, their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow the expansion of a medical office at 4229 Eastex Freeway subject to the following condition: • The building shall meet all building code requirements and shall be securely fixed to a permanent foundation. Section 2. Notwithstanding the site plan attached hereto as Exhibit "B," the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 07-108 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - e 1997-P: Request for an amended specific use permit to allow the expansion of a dical office in an RM -11 (Residential Multiple Family Dwelling - High Density) District. L-ation: 5220 Eastex Freeway Dlicant: Beaumont Medical Clinic 0 50 100 200 Feet I i I I EXHIBIT "A" "ER E HACKBERRY LIGHT & HACKBERRY Cb STING CONCRETE §D* TRACT I 0,5970 AC.C.C.F. 200000047 V DRIVEWAY HC, ENTRANCE PARKING LOT ON WEST \ SIDE DRAINS INTO THE UNDERGROUND STORM SEWER IN EASTEX FREEWAY G S c tifC� P<, s6 PARKING ;F';10ES 33 RErcLAR SPA. 7 H, C SPA TRACT II 0,2639 AC, CC,F, 2000000470 --. LIGHT 'ARKIA15 LOT 1 19' a PROP.....:..... 36' aSfD......... SITE PLAN OF .............................:.... 5.0 p' l q................860. ti41.0... , ..'..'.'. ' '......'.... . SWR. LINE 24, , EXISTING ELECTRICAL PANELS >3S / WATER ,ETERS VDRIVEWAY DRAIN WITH GRATE Ste. P� T P Q4' IVEWAY DRAIN WITH GRATE / PARKING LOT ON EAST DRAINS / INTO THE ROAD DITCH AND TO AN 7.''IT INTO THE STORM SF,,ER AT EASTEX FREEWAY OPEN ROAD DI!CH TORM SEWER INL-T � OF c?,•��G1� Ai�:O9J' * Approval subject to the following condition: • The building shall meet all building code requirements and shall be securely fixed to a permanent foundation. EXHIBIT "B" STEVEN RAY BOUCHER SITE PLAN OF .............................:.... PROPOSED IMPROVEMENTS o 5056 _ ;P0 x AT THE SS Z BEAUMONT MEDICAL CLINIC SUR z 5 ASTEX FREEWAY Z B EAUMONT, TEXAS iJefferson County, Texas Q �p ✓i • :y 2, 2009 Steven Roy Boucher SCALE 1' = 40' SHEET 2 OF 2 Registered Professional Land Surveyor No. 5056 * Approval subject to the following condition: • The building shall meet all building code requirements and shall be securely fixed to a permanent foundation. EXHIBIT "B" 2 August 25, 2009 Consider approving the purchase of a fire truck It a 1, it u4 A I' i1 0 f' t' ,, xi I r. N IT r T E• X - A S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer k-11 August 25, 2009 Council consider approving the purchase of a Pierce ladder truck for use by the Fire Department. The administration recommends approval of the purchase from Martin Apparatus, Inc., of Houston in the amount of $832,497. BACKGROUND Pricing for this fire truck is obtained through the Houston -Galveston Area Council. H -GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with the State of Texas procurement statutes. The purchase price of $832,497 includes the H -GAC administrative fee of $2,000. The fire truck specified is a combination pumper and ladder truck. The truck is equipped with a one hundred five (105) foot ladder with a waterway. The ladder meets ISO standards for the area where it will be stationed. The truck is also equipped with a one thousand five hundred (1,500) gallon -per -minute pump, a foam injection system and a five hundred (500) gallon water tank. The truck will be placed into service at Fire Station No. 5., located at 6375 Walden Rd., and will replace unit 7056 which was stolen and wrecked. Delivery time for the new truck will be up to four (4) months. The various components are warrantied for specified time periods which are as follows: Bumper -to -Bumper 1 year Engine, Transmission and Pump 5 years Pierce body and ladder 10 years Purchase of Ladder Truck August 25, 2009 Page 2 Warranty service for the Pierce water tank, cab, and body will be provided by Martin Apparatus, Inc., of Houston. BUDGETARY IMPACT The purchase will be financed through a lease purchase agreement upon delivery. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to approve the purchase of a Pierce ladder truck from Martin Apparatus, Inc., of Houston, Texas, in the amount of $832,497 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program for use by the Fire Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - 3 August 25, 2009 Consider amending Article II Sec. 26-23 of the Code of Ordinances by adding Tyrrell Park Road to the Schedule of Streets to increase the speed limit to a 40 miles per hour speed limit between the Hillebrandt Bayou Bridge and Fannett Road (SH 124) RICII WITH OPPORTUNITY [I Ehl T a E a X a A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager i.1.0 Tom Warner, Director of Public Works August 25, 2009 REQUESTED ACTION: Council approval of an ordinance amending Article II Sec. 26-23. Maximum and minimum speeds established in certain zones of the Code of Ordinances that would add Tyrrell Park Road to the Schedule of Streets with a 40 miles per hour speed limit between the Hillebrandt Bayou Bridge and Fannett Road (SH 124). RECOMMENDATION Administration recommends approval of an ordinance amending Article II Sec. 26-23. Maximum and minimum speeds established in certain zones that would add Tyrrell Park to the Schedule of Streets with a 40 miles per hour speed limit between Hillebrandt Bayou and Fannett Road (SH 124). The schedule of streets to be amended include the following: Street Limits of Zones Direction Speed In of Miles Travel Per Hour Maximum Minimum Tyrrell Park From the centerline of the Hillebrandt Bayou North and South 40 Bridge to the centerline of Fannett Road (SH 124) BACKGROUND A speed limit study was requested to be performed on Tyrrell Park Road to determine if 30 miles per hour is an appropriate speed limit. State law dictates that speed limits be set at a safe and reasonable speed quantified by the prima facie speed limit or in accordance with a traffic Article II Revision August 25, 2009 Page 2 engineering study. The Transportation Division conducted a traffic engineering study on Tyrrell Park in July, 2009. The study showed Tyrrell Park Road to have a good safety record and an 85cn percentile speeds ranging from 46.5 to 55.5 miles per hour. Based on the study results, adjacent land use, and engineering judgment the Transportation Division concludes that 40 miles per hour is a safe and prudent speed limit. A follow up study will be conducted and reported to the Beaumont Police Department for on-going speed limit enforcement. BUDGETARY IMPACT No budgetary impact to the City of Beaumont. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY ADDING R.F.D. ROAD AND Tyrrell PARK ROAD TO THE SCHEDULE OF STREETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 26, Section 26-23 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended by adding the following streets to the Schedule of Streets: SCHEDULE In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be as set forth in this schedule, at all times, upon those streets or portions thereof specified herein: Street Limits of Zones Direction Speed In of Miles Travel Per Hour Maximum Minimum R.F.D. Road From the centerline of SH 105 to the centerline oi North and South 40 the U.S. Highway 69/96 (Eastex) Southbound Frontage Road. Tyrrell Park Ito From the centerline of the Hillebrandt Bayou Bridg North and South 40 the centerline of Fannett Road (SH 124) Section 2. That if any section, subsection, sentence clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should, for any reason, be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. 2009. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, - Mayor Becky Ames - II 1 MA August 25, 2009 Consider amending Article II Sec. 26-23 of the Code of Ordinances by adding R.F.D. Road to the Schedule of Streets to increase the speed limit to a 40 miles per hour speed limit between SH 105 and US 69/96 (Eastex Freeway) RICH WITH OPPORTUNITY 11E Itili(N ( T•E•XaAS TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Director of Public Works August 25, 2009 REQUESTED ACTION: Council approval of an ordinance amending Article II Sec. 26-23. Maximum and minimum speeds established in certain zones of the Code of Ordinances that would add R.F.D. Road to the Schedule of Streets with a 40 miles per hour speed limit between SH 105 and US 69/96 (Eastex Freeway). RECOMMENDATION Administration recommends approval of the ordinance amending Article II Sec. 26-23. Maximum and minimum speeds established in certain zones that would add R.F.D. Road to the Schedule of Streets with a 40 miles per hour speed limit between SH 105 and US 69/96 (Eastex Freeway). The schedule of streets to be amended to include the following: Street Limits of Zones Direction Speed In of Miles Travel Per Hour Maximum Minimum R.F.D. Road From the centerline of SH 105 to the centerline North and South 40 of the U.S. Highway 69/96 (Eastex) Southbound Frontage Road. BACKGROUND The City received a request to raise the speed limit on R.F.D. Road from 30 miles per hour to 45 miles per hour. State law dictates that speed limits be set at a safe and reasonable speed quantified by the prima facie speed limit or in accordance with a traffic engineering study. The Transportation Division conducted a traffic engineering study on R.F.D. Road in May, 2009. The study showed R.F.D. Road to have a good safety record and an 85th percentile speed of 45.4 Article II Revision August 25, 2009 Page 2 miles per hour. Based on the study results, adjacent land use, and engineering judgment the Transportation Division concludes that 40 miles per hour is a safe and prudent speed limit. BUDGETARY IMPACT No budgetary impact to the City of Beaumont. k-� August 25, 2009 Consider amending Article II Section 26-24 of the Code of Ordinances to update the locations and limits of school speed zones RICH WITH OPPORTUNITY [I[ [III IN T•E,X•A,S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, hirector of Public Works August 25, 2009 REQUESTED ACTION: Council approval of an ordinance amending Article II Sec. 26-24. Speed limits decreased in school zones of the Code of Ordinances that would update the locations and limits of school speed zones. RECOMMENDATION Administration recommends Council approval of an ordinance amending Article II Sec. 26-24. Speed limits decreased in school zones of the Code of Ordinances that would update the locations and limits of school speed zones. The existing and proposed revisions to the school speed zone limit schedules follow: Sec. 26-24. Speed limits decreased in school zones. It is hereby determined upon the basis of an engineering and traffic investigation, that the speed permitted by state law upon those streets, or portions of streets described in the following schedule is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the prima facie speed limit upon those streets or portions thereof described in the following schedule shall be decreased as therein stated and the limits so declared shall be effective at the times specified therein when signs are erected giving notice thereof. SCHEDULE A In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:15 p.m., Monday through Friday on school days: SCHEDULE A (Existing) SCHOOL ZONE SPEED LIMITS Street Direction of Description Travel Arthur E & W From a point 65 feet west of the centerline of Overbrook to a point 50 feet west of the centerline of Cleveland. Elinor E & W From a point 55 feet east of the centerline of Ethel to the centerline of Iola. Howell N & S From a point 50 feet north of the centerline of Derby to a point 160 feet south of the centerline of Pickwick. Iola N & S From a point 40 feet south of the centerline of West Euclid to a point 40 feet north of the centerline of Westmoreland. Magnolia N & S From a point 400 feet south of the centerline of Trinidad to a point 100 feet south of the centerline of East Lucas. Magnolia N & S From a point 80 feet north of the centerline of Delaware to a point 50 feet south of the centerline of Prince. Regina E & W From a point 165 feet west of the centerline of Rikisha to a point 650 feet west of the centerline of Howell. Waverly E & W From a point 250 feet west of the centerline of Iola to a point 630 feet east of the centerline of Ethel. SCHEDULE A (Proposed) SCHOOL ZONE SPEED LIMITS Street Direction of Description Travel Arthur E & W From a point 85 feet east of the centerline of Overbrook to a point 50 feet west of the centerline of Cleveland. Elinor E & W From a point 125 feet east of the centerline of South Eight to a point 225 feet east of the centerline of Iola. Howell N & S From a point 350 feet North of the centerline of Regina to a point 150 feet south of the centerline of Regina. Iola N & S From a point 40 feet south of the centerline of West Euclid to a point 240 feet south of the centerline of Waverly. Magnolia N & S From a point 325 feet south of the centerline of Trinidad to a point 50 feet north of the centerline of Taylor. Magnolia N & S From a point 350 feet north of the centerline of Pope to a Travel point 375 feet south of the centerline of Pope. Peyton N & S From a point 50 feet south of the centerline of Wynden to the Drive 1 western limit of N. Circuit. Regina E & W From a point 280 feet east of the centerline of Howell to a point 50 feet west of the centerline of Brewton. Waverly E & W From a point 225 feet east of the centerline of Iola to a point 325 feet east of the centerline of Ethel. SCHEDULE D (Existing) In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:45 a.m. and 9:15 a.m. and 3:00 p.m. and 4:30 p.m., Monday through Friday on school days: Street Direction of Description Travel Westgate E & W From a point 95 feet west of the centerline of Peyton to a Drive 1 point 300 feet west of the centerline of Dowlen. SCHEDULE D (Proposed) In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:45 a.m. and 9:15 a.m. and 3:00 p.m. and 4:30 p.m., Monday through Friday on school days: Street Direction of Description Travel Westgate E & W From a point 350 feet east of the centerline of Dowlen to the Drive 1 1 centerline of Peyton. SCHEDULE E (Existing) In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:00 a.m. and 8:30 a.m. and 2:45 p.m. and 3:45 p.m., Monday through Friday on school days: Street Direction of Description Travel Delaware E & W From a point 30 feet east of the centerline of Briarcliff to a point 165 feet east of the centerline of West Lucas. SCHEDULE E (Proposed) In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:00 a.m. and 8:30 a.m. and 2:45 p.m. and 3:45 p.m., Monday through Friday on school days: Street Direction of Description Travel Delaware E & W From a point 30 feet east of the centerline of Briarcliff to a point 285 feet east of the centerline of West Lucas. SCHEDULE F In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (35) miles per hour in the following zones between the hours of 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:15 p.m., Monday through Friday on school days: SCHEDULE F (Proposed) SCHOOL ZONE SPEED LIMITS Street Direction of Description Travel Major Drive N & S From a point 265 feet south of the centerline of Manion to a point 170 feet south of the centerline of Westgate. BACKGROUND Many school signs were damaged during Hurricane Ike. Repairs have been made in accordance with the Texas Manual on Uniform Trak Control Devices (TMUTCD), which outlines school zone signage requirements. The TMUTCD has been updated since many of the City's school zones were established. This amendment will update the code of ordinances to reflect required changes to the limits of school zones resulting from Hurricane Ike sign repairs. Schedule "F" has been added to accommodate a temporary elementary school on Major Drive that has been established in cooperation with the Texas Department of Transportation. BUDGETARY IMPACT No budgetary impact to the City of Beaumont. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY MODIFYING AN EXISTING SCHOOL ZONE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 26, Section 26-24 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended to read as follows: SCHEDULE A In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit will be twenty (20) miles per hour in the following zones between the hours of 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:15 p.m., Monday through Friday on school days: Street Direction of Description Travel Arthur E & W From a point 85 feet east of the centerline of Overbrook to a point 50 feet west of the centerline of Cleveland. Elinor E & W From a point 125 feet east of the centerline of South Eight to a point 225 feet east of the centerline of Iola. Howell N & S From a point 350 feet North of the centerline of Regina to a point 150 feet south of the centerline of Regina. Iola N & S From a point 40 feet south of the centerline of West Euclid to a point 240 feet south of the centerline of Waverly. Magnolia N & S From a point 325 feet south of the centerline of Trinidad to a point 50 feet north of the centerline of Taylor. Magnolia N & S From a point 350 feet north of the centerline of Pope to a point 375 feet south of the centerline of Pope. Peyton N & S From a point 50 feet south of the centerline of Wynden to the western limit of N. Circuit. Regina E & W From a point 280 feet east of the centerline of Howell to a point 50 feet west of the centerline of Brewton. Waverly E & W From a point 225 feet east of the centerline of Iola to a point 325 Travel feet east of the centerline of Ethel. SCHEDULE D In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit will be twenty (20) miles per hour in the following zones between the hours of 7:45 a.m. to 9:15 a.m. and 3:00 p.m. to 4:30 p.m., Monday through Friday on school days: Street Direction of Description Travel Westgate E & W From a point 350 feet east of the centerline of Dowlen to the Drive centerline of Peyton. SCHEDULE E In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit shall be twenty (20) miles per hour in the following zones between the hours of 7:00 a.m. and 8:30 a.m. and 2:45 p.m. and 3:45 p.m., Monday through Friday on school days: Street Direction of Description Travel Delaware E & W From a point 30 feet east of the centerline of Briarcliff to a point 285 feet east of the centerline of West Lucas. SCHEDULE F In accordance with this section and when signs are erected giving notice thereof, the prima facie speed limit will be twenty (35) miles per hour in the following zones between the hours of 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:15 p.m., Monday through Friday on school days. Street Direction of Description Travel Major Drive N & S From a point 265 feet south of the centerline of Manion to a point 170 feet south of the centerline of Westgate. Section 2. That if any section, subsection, sentence clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should, for any reason, be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - August 25, 2009 Consider adopting an ordinance approving the institution of a Cost of Service Adjustment rate schedule by Centerpoint Energy Entex which provides for an annual rate cost of service and rate base adjustment based upon the Company's annual cost data RICH WITH OPPORTUNITY [I 11CM ( T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attome)<0 / MEETING DATE: August 25, 2009 REQUESTED ACTION: Consider adopting an ordinance approving the institution of a Cost of Service Adjustment rate schedule by Centerpoint Energy Entex which provides for an annual rate cost of service and rate base adjustment based upon the Company's annual cost data. RECOMMENDATION Administration recommends approval of an ordinance approving the institution of a cost of service adjustment rate schedule by Centerpoint Energy Entex which provides for an annual cost of service and rate base adjustment based upon the annual cost data of the Company. BACKGROUND During the process of negotiating the Centerpoint gas franchise, Centerpoint and City representatives negotiated the proposed cost of service adjustment for the municipal regulation of the rates of Centerpoint within the City of Beaumont. The proposal before the City would allow the annual rate setting process to occur at the City level and caps the annual change in rates at 5% of the previous year's customer charge. Under the proposed rate making formula, the Company's rates would be adjusted annually to account for any increase or decrease in the Utility's cost of service. Calculation of the rate adjustment will be based upon calendar year operating expenses, return on investment, and Texas franchise tax. The calendar year operating expenses shall be those reported to the Railroad Commission of Texas in the annual report of the Company. Centerpoint would be required to file with the City each year and adjust it rates up or down depending on the last year's cost of service. The annual filing by Centerpoint would not become effective unless approved by the City. The City can approve in part, in total or deny in total any rate change request which retains to the City all regulatory oversight. City of Beaumont, Texas, Ordinance No. 2009 - AN ORDINANCE APPROVING THE INSTITUTION OF A COST OF SERVICE ADJUSTMENT RATE SCHEDULE BY CENTERPOINT ENERGY ENTEX ("CENTERPOINT" OR "THE COMPANY"); APPROVING THE THREE-YEAR AMORTIZATION OF CENTERPOINT'S 2009 INCREASE IN PENSIONS AND BENEFITS EXPENSE, PROVIDING AN EFFECTIVE DATE; REPEALING ANY ORDINANCES INCONSISTENT WITH THIS ORDINANCE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY. WHEREAS, the City of Beaumont, Texas ("City") is a gas utility customer of CenterPoint Energy Entex ("CenterPoint" or the Company"), and a regulatory authority with an interest in the rates and charges of CenterPoint; and WHEREAS, within thirty (30) days after passage, CenterPoint intends to file with the City a new tariff whereby gas utility charges within the City may be adjusted without the need to file a Statement of Intent pursuant to Subchapter C of the Texas Utilities Code (Vernon 2007); WHEREAS, CenterPoint has also requested approval to amortize over a three- year period the increase in pension and benefits expense experienced by CenterPoint in 2009 as reflected in FERC Account 926 and the adjustments contemplated by the new tariff ; WHEREAS, the attached tariff provides for an expedited and less expensive rate review process than the current Statement of Intent process; and WHEREAS, the attached tariff implements a mechanism to adjust gas utility charges in a manner that is just, reasonable, and in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. That the findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as part of this Ordinance. Section 2. That the Cost of Service Adjustment Rate Schedule, which is attached hereto and incorporated as Attachment A, is in the public interest and is hereby endorsed in all respects. Section 3. That the CenterPoint annual Cost of Service Adjustment will be subject to City review, and the annual rate adjustments may be approved, approved in part, or denied. Section 4. That CenterPoint's request to amortize over a three-year period the increase in its pension and benefits expense experienced in 2009, as reflected in FERC Account No. 926, is approved. Section 5. That this Ordinance shall become effective from and after its passage. Section 6. That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Section 7. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 8. That a copy of this Ordinance shall be sent to the Company, care of Denise Hardcastle at CenterPoint Energy, P.O. Box 2628, Houston, Texas 77252-2628. Section 9. That, if any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 25th day of August, 2009. - Mayor Becky Ames - CENTERPOINT ENERGY RESOURCES CORP. D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS BEAUMONT-EAST TEXAS DIVISION RATESHEET COST OF SERVICE ADJUSTMENT RATE SCHEDULE NO. COSA-4 A. APPLICABILITY This Cost of Service Adjustment Clause applies to the Residential Service, General Service - Small, and General Service - Large Volume rate schedules of CenterPoint Energy Texas Gas currently in force in the Company's Beaumont -East Texas Division' service area. All rate calculations under this tariff shall be made on a Beaumont - East Texas Division system wide basis. If, through the implementation of the provisions of this mechanism, it is determined that rates should be decreased or increased, then rates will be adjusted accordingly in the manner set forth herein. The rate adjustments implemented under this mechanism will reflect annual changes in the Company's cost of service and rate base as computed herein. This Rate Schedule No. COSA-4 is authorized for an initial implementation period of three (3) years commencing with the Company's filing under this rate schedule for the calendar year 2009, effective August 1, 2010, and ending with the implementation of the rate adjustment, if any, for the calendar year 2011, effective August 1, 2012; and shall automatically renew for successive three year periods unless either the Company or the regulatory authority having original jurisdiction gives written notice to the contrary to the other by February 1, 2012, or February 1, of the third filing year of any succeeding three year renewal period. B. EFFECTIVE DATE Rate adjustments shall be made in accordance with the procedures described below on an annual basis. The Company shall make its annual filing no later than May 1, with the rate adjustments to be effective with the bills rendered on or after August 1st of each year. The first filing pursuant to this Rider shall be no later than May 1, 2010 and shall be based on the financial results for the calendar year ending December 31, 2009. C. COMPONENTS OF THE RATE ADJUSTMENT Calculation of the rate adjustment will be based on calendar year operating expenses, return on investment, and Texas Franchise Tax. The calendar year operating expenses shall be those reported to the Railroad Commission of Texas in the annual report of the Company. The rate adjustment shall be included in the monthly customer charge of the Residential Service, General Service - Small, and General Service - Large Volume rate schedules. Company shall file with each regulatory authority having original jurisdiction over the Company's rates the schedules specified below, by FERC Account, for the prior calendar year period. The schedules will be based upon the Company's audited financial data, as adjusted, and provided in a format that will allow for the same analysis as that undertaken of a Company Statement of Intent filing. Sample schedules are attached as Exhibit A to this tariff and shall include the following information: CA Operating Expenses - Operating expenses will be determined by the ending amounts for the applicable calendar year. The applicable expenses are: Depreciation and Amortization Expense (Account Nos. 403-407)* Taxes Other Than FIT (Account No. 408)** Operation and Maintenance Expenses (Account Nos. 870-894) Customer Related Expenses (Account Nos. 901-916) Administrative & General Expenses (Account Nos. 920-932) ' For this calculation, the Beaumont -East Texas Division includes the cities and environs areas listed on the Company's Rate Schedule PGA -4. The summary pages from the 2008 Annual Report which sum to the Beaumont -East Texas Division, as defined herein, are designated Beaumont Division (34-001), East Texas Division (34-002), Northeast Texas (34-006) and Tyler Area (34-007). EXHIBIT "A" CENTERPOINT ENERGY RESOURCES CORP. D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS BEAUMONT-EAST TEXAS DIVISION RATESHEET COST OF SERVICE ADJUSTMENT RATE SCHEDULE NO. COSA-4 Interest on Customer Deposits (Account No. 43 1) * Based on the last approved depreciation methods and lives. * * Excluding City Franchise Fees, Gross Receipts, and any other revenue -based tax. Rate adjustments due to changes in revenue -based taxes will be governed by the Company's Tax Adjustment and Municipal Franchise Fee Rate Schedules. This information will be presented with supporting calculations. The Company shall provide additional information for all operating expenses upon request by the regulatory authority during the ninety (90) day review period specified in Section D. C.2 Return on Investment - The return on investment is the pre-tax rate of return (11.8%) multiplied by the rate base balance for the applicable calendar year. The rate base balance is composed of: Plus: Less: Net Utility Plant in Service* Other Rate Base Items:** Materials and Supplies Inventories Prepayments Cash Working Capital Customer Deposits (Account No. 235) Customer Advances (Account No. 252) Deferred Federal Income Taxes * Net Utility Plant in Service as shown by FERC account adjusted to exclude asset retirement obligation amounts. Gross utility plant in service and accumulated depreciation by account will be shown separately by month so that an annual average utility plant in service can be calculated. ** These items will reflect the 13 month average materials and supplies inventories and prepayments. The Company shall perform a lead/lag study for the initial filing under this tariff and at least once every three (3) years thereafter. Supporting information for all rate base items shall be provided to the regulatory authority during the ninety (90) day review period specified in Section D upon request to the Company. C.3 Texas Franchise Tax - The Texas Franchise Tax will be the calendar year-end amount as recorded in FERC Account No. 409. CA Cost of Service Adjustment The amount to be collected through the Cost of Service Adjustment will be the sum of the amounts from Sections C.1, C.2, and C.3, less the calendar year actual non -gas revenue and other revenue (i.e., transportation revenue and service charges), adjusted for the revised Texas Franchise Tax described in Chapter 171 of the Texas Tax Code and the resulting revenue CENTERPOINT ENERGY RESOURCES CORP. D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS BEAUMONT-EAST TEXAS DIVISION RATESHEET COST OF SERVICE ADJUSTMENT RATE SCHEDULE NO. COSA-4 change of the previous year's COSA per bill adjustment if it had been effective for all customers in each class on a division -wide basis as of August 1 of the previous calendar year. If the effective date of the COSA is different from August 1, then the calculation of the revenue change shall be calculated as of the effective date of the COSA. The formula to calculate the Cost of Service Adjustment is: (C.1 Operating Expenses + C.2 Return on Investment + C.3 Texas Franchise Tax - Actual non -Gas (as adjusted) and Other Revenues) _ (1 - Texas Franchise Tax statutory rate)* * Currently, the Texas Franchise Tax statutory rate is I%. C.5 Cost of Service Adjustment Rate The Cost of Service Adjustment as calculated in Section CA will be allocated among the customer classes in the same manner as the cost of service was allocated among classes of customers in the Company's latest effective rates for the Beaumont -East Texas Division. The cost of service adjustment for each customer class will then be converted into a per -customer per -month amount to produce the Cost of Service Adjustment Rate. The per customer adjustment will be the Cost of Service Adjustment as allocated to that class, divided by the average number of gas sales customers in each class for the Beaumont -East Texas Division as reported in the Company's annual report to the Railroad Commission of Texas. The Cost of Service Adjustment Rate will be this per customer adjustment amount divided by 12 to produce a monthly adjustment amount, either an increase or decrease, which will be included in the Residential Service, General Service - Small, and General Service - Large Volume customer charges. Any change in the Cost of Service Adjustment shall not exceed an amount equal to five percent (5%) of the Customer Charge effective for service in the Beaumont -East Texas Division at the end of the calendar year immediately preceding the year in which the Cost of Service Adjustment is made. In order to meet Generally Accepted Accounting Principles and U.S. Securities and Exchange Commission reporting requirements, the Company shall record its best estimate of the total amount to be collected through the Cost of Service Adjustment so as to reflect in its books and records a fair representation of actual earnings for that year. Such estimate shall not be included in the computation of the Cost of Service Adjustment. C.6 Attestation A sworn statement shall be filed by the Company's Chief Accounting Officer of CenterPoint Energy Texas Gas Operations, affirming that the filed schedules are in compliance with the provisions of this tariff and are true and correct to the best of his/her knowledge, information, and belief. No testimony shall be filed. C.7 Proof of Revenues The Company shall also provide a schedule demonstrating the "proof of revenues" relied upon to calculate the proposed cost of service adjustment rate. The proposed rates shall conform as closely as practicable to the revenue allocation principles in effect prior to the adjustment. C.8 Notice Notice of the annual Cost of Service Adjustment shall be published in the Beaumont Enterprise in a form similar to that required under Section 104.103, TEX. UTIL. CODE ANN. no later than forty-five (45) days CENTERPOINT ENERGY RESOURCES CORP. D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS BEAUMONT-EAST TEXAS DIVISION RATESHEET COST OF SERVICE ADJUSTMENT RATE SCHEDULE NO. COSA-4 after the Company makes its annual filing pursuant to this rate schedule with the regulatory authority. The notice to customers shall include the following information: a) a description of the proposed revision of rates and schedules; b) the effect the proposed revision of rates is expected to have on the rates applicable to each customer class and on an average bill for each affected customer class; C) the service area or areas in which the proposed rate adjustment would apply; d) the date the proposed rate adjustment was filed with the regulatory authority; and e) the Company's address, telephone number, and website where information concerning the proposed cost of service adjustment may be obtained. D. REGULATORY REVIEW OF ANNUAL RATE ADJUSTMENT The regulatory authority with original jurisdiction will have a period of not less than ninety (90) days within which to review the proposed annual rate adjustment. During the review period, Company shall provide additional information and supporting documents as requested by the regulatory authority and such information shall be provided within ten (10) working days of the original request. The rate adjustment shall take effect with the bills rendered on or after August 1 st of each year. This Cost of Service Adjustment Rate Schedule does not limit the legal rights and duties of the regulatory authority. Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a proceeding at any time to review whether rates charged are just and reasonable. The provisions of this Cost of Service Adjustment are to be implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities Code, Chapters 101-105). The Company's annual rate adjustment will be made in accordance with all applicable laws. If at the end of the ninety (90) day review period, the Company and the regulatory authority with original jurisdiction have not reached agreement on the proposed Cost of Service Adjustment Rate, the regulatory authority may take action to deny such adjustment, and the Company shall have the right to appeal the regulatory authority's action. Upon the filing of any appeal the Company shall have the right to implement the proposed Cost of Service Adjustment Rate, subject to refund. To defray the cost, if any, of regulatory authorities conducting a review of Company's annual rate adjustment, Company shall reimburse the regulatory authorities for their reasonable expenses for such review in an aggregate amount not to exceed $100,000. Any reimbursement contemplated hereunder shall be deemed a reasonable and necessary operating expense of the Company in the year in which the reimbursement is made. If more than one regulatory authority should request reimbursement in any year, each regulatory authority shall receive the lesser of its reasonable and necessary expenses for conducting its review or an amount equal to $100,000 multiplied by the fraction of which the numerator is the total number of customers subject to the original jurisdiction of the regulatory authority seeking reimbursement and the denominator of which is the total number of customers subject to the jurisdiction of all regulatory authorities seeking reimbursement for review of an annual rate adjustment. A regulatory authority seeking reimbursement under this provision, shall submit its request for reimbursement to Company no later than September I" of the year in which the adjustment is made and Company shall reimburse regulatory authorities in accordance with this provision on or before September 15`h, of the year the adjustment is made. Amounts reimbursed by Company shall be recovered by Company from customers located in the jurisdiction[s] seeking reimbursement through a monthly, per bill surcharge not to exceed 30 cents beginning October 1 S` of the year in which expenses were reimbursed and ending when Company has fully recovered amounts reimbursed to each regulatory authority. Amounts collected through the surcharge shall be excluded from the revenue and expenses of the COSA and are not subject to the limitations set forth in C.S. August 25, 2009 Consider adopting an ordinance granting a public utility franchise to Centerpoint Energy Texas Gas Operations to operate a gas utility within the City of Beaumont RICH WITH OPPORTUNITY 11 17C A . � T• E• X• A• S Im City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City AttorneA�/ MEETING DATE: August 25, 2009 REQUESTED ACTION: Consider adopting an ordinance granting a public utility franchise to Centerpoint Energy Texas Gas Operations to operate a gas utility within the City of Beaumont. RECOMMENDATION Administration recommends approval of an ordinance granting a public utility franchise to Centerpoint Energy Texas Gas Operations to operate a gas utility within the City of Beaumont. BACKGROUND The Charter of the City of Beaumont gives to the City Council authority to grant and renew franchises of all public utilities operating within the City of Beaumont. Ordinance No. 88-64 granted to Entex a 20 -year franchise to operate a gas utility in the City of Beaumont. That franchise expired in June of 2008. Since that time City representatives have been negotiating with Centerpoint Energy Texas Gas Operations, successor in interest to Entex, for the renewal of a franchise to continue its operations in Beaumont. The proposed franchise provides for a term of operations for 25 years, providing for a payment by the Company to the City based upon four percent (4%) of the gross receipts from the sale of gas within the city limits and seven cents ($.07) per MCF for the transportation of gas to transportation customers within the corporate limits of the city for consumption within the city. The fees will be calculated for the calendar quarters ending March 31, June 30, September 30 and December 31 and shall be payable on or before the 15th day of May, August, November and February following the quarter for which payment is due. Ordinances granting franchises requires three (3) readings at separate regular meetings of the City Council and shall not be considered finally passed until the third reading which shall not be less than thirty (30) days from the first reading. The ordinance will not take effect until sixty (60) days after its adoption on the third and final reading. BUDGETARYIMPACT For the year 2008, the City of Beaumont received $795,900 in franchise fees from Centerpoint Energy. Year to date, the City has received $691,468 in franchise fees. ORDINANCE NO. AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS, ITS SUCCESSORS AND ASSIGNS, THE RIGHTS, PRIVILEGE AND FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF PIPELINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTIFICIAL AND/OR MIXED) FOR HEATING, LIGHTING, POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY OF BEAUMONT, TEXAS, AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR PAYMENT OF FOUR PERCENT (4%) OF THE GROSS RECEIPTS FROM THE SALE OF GAS WITHIN THE CITY OF BEAUMONT AND SEVEN CENTS (7¢) PER MCF FOR THE TRANSPORTATION OF GAS TO TRANSPORTATION CUSTOMERS; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The City of Beaumont, Jefferson County, Texas, (hereinafter referred to as "Grantor" does hereby grant unto CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas Operations, its successors and assigns (hereinafter referred to as "Grantee") the right, privilege and franchise to construct, install, lay, maintain, operate, use, extend, remove, replace and repair in, under, over, across and along any and all of the present and future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts, bridges, streams, public grounds, public properties (including City building sites) and other public places in the City of Beaumont, and in all tracts, territories and areas hereafter annexed to or acquired by and placed within the corporate boundaries of said municipality, a system of pipes, pipelines, gas mains, laterals, conduits, feeders, regulators, meters, fixtures, connections, attachments and other desirable instrumentalities and appurtenances necessary or proper for the purpose of transporting, distributing, supplying and selling gas (natural and/or artificial and/or mixed) for heating, lighting, power and for any other purpose for which gas may now or hereafter be used in and to said municipality and its inhabitants or any other person or persons within or without the corporate boundaries of said municipality. Section 2. All Facilities installed by Grantee shall be of sound material and good quality, and shall be laid so that they will not interfere with the artificial drainage of the Grantor or its underground fixtures, or with navigation in or the natural drainage of any stream. All Facilities shall be installed in accordance with applicable Federal, State and City regulations and in the absence of such regulations in accordance with accepted industry practice. Within the Public Rights -of -Way, the location and route of the Facilities by the Grantee shall be subject to the reasonable and proper regulation, direction and control of the Grantor or the City official to whom such duties have been delegated. Such regulation shall include, but not be limited to, the right to require in writing to the extent provided in Section 13 the relocation of Grantee's Facilities at Grantee's cost within the Public Rights -of -Way of the Grantor whenever such relocation shall be reasonably necessary to accommodate the widening, change of grade, or relocation by Grantor of Streets or Public Rights -of -Way, or construction or relocation by Grantor of City utility lines or drainage facilities. The Grantee and the Grantor shall work together to develop a procedure under which Grantee shall make available to the Grantor maps showing the location of Grantee's Facilities within the corporate limits of the City. Section 3. Except as provided herein, Grantee expressly agrees that it shall not undertake major replacements or extensions of pipe, mains or other facilities within the boundaries of city parks currently owned or later established by Grantor without the prior written consent of the City of Beaumont. Grantee, however, shall not be required to remove or relocate its existing facilities in city parks established as of the date of this ordinance nor shall Grantee be required to remove or relocate facilities from land declared to be a city park subsequent to the date of this ordinance. Provided further, that Grantee shall not be required to obtain such prior written consent to perform routine maintenance or repairs of its facilities within city parks or when failure to repair, replace or extend such facilities would, in the good faith opinion of Grantee, pose a danger to public health or safety. Section 4. This Franchise shall extend to and include any and all territory that is annexed by the Grantor during the term of this Franchise. Within sixty (60) days from the receipt of notice from the Grantor of any such annexation, the Grantee shall assure that any and all customers within such annexed territory are included and shown on its accounting system as being within the corporate limits of the City of Beaumont. After such sixty (60) day period the payment provisions specified in Section 8 of this Franchise shall apply to gross receipts received by the Grantee from customers located within such annexed territory. Grantee shall true -up its map of City boundaries to the Grantor's map on an annual basis. Section 5. Grantee and its contractors shall give Grantor reasonable advance notice, of the dates, location and nature of all work to be performed on its Facilities within the Public Rights -of -Way.. While Grantee and Grantee's Contractors must secure all permits that may be required, Grantee or Grantee's Contractor shall not be required to pay any fee in addition to the franchise fee in order to perform work on Grantee's facilities within the public right-of-way, or park within the streets and other public rights-of-way. Grantee's property shall be so constructed and maintained as not to interfere unreasonably with traffic over the public thoroughfares of said municipality and the same shall be laid in accordance with the lines, grades, and conditions established by Grantor. Following completion of work in the Public Rights -of -Way, Grantee shall repair the affected Public Rights -of -Way as soon as possible, but in all cases Grantee shall comply with all City ordinances governing time periods and standards relating to excavating in the Public Rights -of -Way. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. Section 6. Grantee shall not be required to run or extend any pipe a distance exceeding one hundred (100) feet, not to exceed a diameter of two (2) inches, in order to bring gas service to the property line of each additional customer. Section 7. The service furnished hereunder by Grantee to the Grantor and its inhabitants shall be in accordance with the quality of service rules of the Railroad Commission of Texas and all other applicable local, state and federal regulations. Grantee shall furnish the grade of service to its customers as provided by its rate schedules and shall maintain its system in reasonable operating condition during the continuance of this Franchise. An exception to this requirement is automatically in effect, but only for so long as is necessary, when caused by a shortage in materials, supplies and equipment beyond the control of the Grantee as a result of fires, strikes, riots, storms, floods and other casualties, governmental regulations, limitations and restrictions as to the use and availability of materials, supplies and equipment and as to the use of the services, and unforeseeable and unusual demands for service. In any of such events the Grantee shall do all things reasonably within its power to restore normal service as quickly as practicable. Section 8. In consideration of the rights and privileges herein granted, after the effective date of this ordinance, Grantee agrees to pay to Grantor quarterly during the continuance of this ordinance a franchise fee equal to four percent (4%) of the Grantee's gross receipts for the preceding calendar quarter received by the Grantee from the sale of gas within the corporate limits of the City of Beaumont plus seven cents (7¢) per Mcf for natural gas transported by Grantee for its Transport Customers during such quarter. "Transport Customer" means any person or entity for whom Company transports gas through the distribution system of Company within the corporate limits of City for consumption within the corporate limits of City. The franchise fees hereunder shall be calculated for the calendar quarters ending March 31, June 30, September 30, and December 31 and shall be payable on or before the fifteenth day of May, August, November, and February following the quarter for which payment is made, beginning with the first such date following the Effective Date of this Franchise and each August 15th, November 15th, February 15th, and May 15th thereafter; provided, however, the first such payment shall be prorated as necessary to reflect only those gross receipts received and transportation volumes delivered by Company after the Effective Date of this Franchise. In no event shall the Company be required to remit to the City franchise fee amounts that for any reason whatsoever are not fully recoverable from its customers. Upon receipt of the above amount of money, the City Finance Officer shall deliver to the Company a receipt for such amount. If any payment due date required therein falls on a weekend or bank holiday, payment shall be made on or before the close of business of the first working day after the payment due date. All payments to Grantor shall be accompanied by a certified statement of Grantee in a form prescribed by Grantor. Upon receipt of such payments, the City Finance Officer shall deliver to the Grantee a receipt for such amount. Should Grantee fail to tender payment to Grantor within ten (10) days following the date such payment is due, Grantee shall pay to Grantor, as a late payment penalty, an additional amount equal to three percent (3%) of the amount otherwise payable to Grantor on such due date. The consideration hereinabove set forth shall be paid and received in lieu of any license, charge, fee, street or alley rental, or other character of charge for the use and occupancy for the streets, alleys and public places within the city, and in lieu of any pipe tax or inspection fee or tax, but shall not in any way increase or diminish Grantee's obligation to pay Grantor ad valorem taxes or in any way interfere with the collection thereof. Any special taxes, rentals or other charges accruing after the effective date of this ordinance, under the terms of any preexisting ordinance, or imposed upon Grantee by subsequent action of Grantor shall, when paid to Grantor, be applied as a credit to the amount owed to Grantor under the terms of this franchise agreement. Section 9. Grantee shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise. All such books of accounts and records shall be kept at Grantee's principal office in Houston, Texas. Grantor may conduct an audit or other inquiry or may pursue a cause of action in relation to the payment of the franchise fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than three (3) years before the commencement of such audit, inquiry, or pursuit of a cause of action. Each party shall bear its own costs of any such audit or inquiry. Upon receipt of a written request from Grantor, all books and records related to Grantee's operations under this Franchise shall be made available for inspection and copying no later than thirty (30) days from receipt of such request. Section 10. If the Legislature of the State of Texas amends the ceiling on utility gross receipts payments to municipalities established by Tex. Tax Code § 182.025, then Grantor may prospectively change the percentage of Grantee's gross receipts payable to Grantor under Section 5 of this franchise to the level established by such amendment; provided, however, that such change in the percentage of Grantee's gross receipts payable to Grantor shall not become effective unless and until Grantor shall have approved and authorized rate schedules acceptable to Grantee which will permit Grantee to fully recover through its rates effective within the corporate limits of Grantor any increase in amounts payable to Grantor resulting from such change. Section 11. GRANTEE, ITS SUCCESSORS AND ASSIGNS SHALL PROTECT AND HOLD GRANTOR AND ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS OR DEMANDS FOR DAMAGES TO ANY PERSON OR PROPERTY BY REASON OF THE CONSTRUCTION AND MAINTENANCE OF GRANTEE'S NATURAL GAS DISTRIBUTION SYSTEM, OR IN ANY WAY GROWING OUT OF THE RIGHTS GRANTED BY THIS FRANCHISE ORDINANCE, EITHER DIRECTLY OR INDIRECTLY, OR BY REASON OF ANY ACT, NEGLIGENCE OR NONFEASANCE OF GRANTEE OR THE CONTRACTORS, AGENTS OR EMPLOYEES OF GRANTEE, ITS SUCCESSORS AND ASSIGNS, AND SHALL REFUND TO GRANTOR ALL SUMS WHICH GRANTOR MAY BE ADJUDGED TO PAY ON ANY SUCH CLAIM, OR WHICH MAY ARISE OR GROW OUT OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED, OR BY THE ABUSE THEREOF, AND GRANTEE, ITS SUCCESSORS AND ASSIGNS SHALL INDEMNIFY AND HOLD GRANTOR, ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM AND ON ACCOUNT OF ALL DAMAGES, COSTS, EXPENSES, ACTIONS AND CAUSES OF ACTION THAT MAY ACCRUE TO OR BE BROUGHT BY A PERSON, PERSONS, COMPANY OR COMPANIES AT ANY TIME THEREAFTER BY REASON OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED, OR OF THE ABUSE THEREOF. Section 12. Grantee shall not prosecute or maintain any claims against Grantor or its employees for any damage or injury to Grantee's pipelines or facilities resulting from Grantor's performance of work or repairs upon city streets; provided, however, that the provisions hereof shall in no way limit Grantee's right to prosecute or maintain any such claim against any person, association, or corporation other than Grantor or its employees. Section 13. The Grantee shall, upon written request of the Grantor, relocate its Facilities within Public Rights -of -Way at Grantee's own expense, exclusive of Facilities installed for service directly to Grantor, whenever such shall be reasonably necessary on account of the widening, change of grade, or relocation by Grantor of Streets or Public Rights -of -Way, or construction or relocation by Grantor of City utility lines or drainage facilities. Grantor shall bear the costs of all relocations of Facilities installed for service directly to Grantor and of any relocation of other Facilities requested by Grantor for reasons other than the widening, change of grade, or relocation by Grantor of Streets or Public Rights -of -Way, or construction or relocation by the Grantor of City utility lines or drainage facilities. Section 14. Grantor, by granting of this ordinance, does not surrender or to any extent lose, waive, impair or lessen the lawful powers, claims and rights now or hereafter vested in Grantor under the Constitution and statutes of the State of Texas and under the Charter of the City of Beaumont to regulate public utilities within Grantor's city limits, to regulate the rates of public utilities within Grantor's city limits and to regulate the use of the streets by Grantee; and Grantee, by its acceptance of this ordinance, agrees that all lawful powers and rights, whether regulatory or otherwise, as are or as may be from time to time vested in or reserved to Grantor, shall be in full force and effect and subject to the exercise thereof by Grantor at any time and from time to time. All of the regulations and activities required by this franchise are hereby declared to be governmental and for the health, safety and welfare of the general public. Section 15. In the event Grantee, by act or omission, violates any term, condition or provision of this ordinance, Grantor shall notify Grantee in writing of such violation. Grantee shall correct any such violation within thirty (30) days of receipt of such notice. Should Grantee fail or refuse to correct any such violation within such thirty (30) day period, Grantor may terminate this agreement by ordinance adopted by the City Council of the City of Beaumont; provided, however, before any such ordinance is adopted. Grantee must be given at least sixty (60) days advance written notice, which notice shall set forth the causes and reasons for the proposed termination and cancellation, and shall advise the Grantee that it will be provided an opportunity to be heard by the City Council of the City of Beaumont regarding such proposed action before any such action is taken and shall set forth the time, date and place of the hearing. Other than its failure, refusal or inability to pay its debts and obligations, including, specifically, the payments to Grantor required by this ordinance, Grantee shall not be declared in default or be subject to any sanction under any provision of this ordinance in those cases in which performance of such provision is prevented by reasons beyond its control; provided, however, that such performance shall not be excused when based solely upon financial limitations of Grantee. Section 16. Subject to the terms, conditions and restrictions stated herein, within five (5) years of, but not less than twelve (12) months before, the expiration of the term of this franchise, Grantor shall have the option to purchase Grantee's distribution system within the corporate limits of Grantor. Grantor must present Grantee with written notice of Grantor's intent to exercise its option to purchase the franchised property. Within thirty (30) days of receipt of notice, Grantee shall make a written offer (the "Offer") stating the cash price for the purchase and sale of said distribution system. Within twenty (20) days of Grantor's receipt of the Offer, Grantor will submit written notice rejecting or accepting the Offer. Should Grantor reject the Offer, Grantor and Grantee shall enter into good faith negotiations to determine a cash price to be paid by Grantor for said distribution system. Failure of Grantor and Grantee to agree on a cash price for Grantee's distribution system shall not constitute grounds for termination or cancellation under Section 13 of this ordinance. Should Grantor accept the Offer or should Grantee and Grantor reach an agreement on a cash purchase price after good faith negotiations, Grantee shall not be required to sell or transfer said distribution system to Grantor until the expiration of the term of this franchise or such earlier time as may be mutually agreeable to Grantee and Grantor. The foregoing notwithstanding, Grantor shall not purchase Grantee's distribution system until the matter of the acquisition of such property has been submitted at a municipal election to be determined by a majority vote of the qualified taxpayers voting therein. Nothing in this franchise shall be construed as limiting or otherwise affecting Grantor's authority to acquire franchised property under Grantor's powers of eminent domain. Section 17. Nothing herein contained shall ever be held or considered as conferring upon Grantee and its successors and assigns any exclusive rights or privileges of any nature whatsoever. Section 18. This ordinance shall not be assigned by Grantee without the authorization and approval of Grantor. Section 19. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 20. Grantor and Grantee hereby acknowledge that all of the provisions hereof are the result of negotiations between Grantor and Grantee. The provisions of this ordinance shall be constructed fairly and reasonably and not more strictly against the party drafting such provisions than against the non -drafting party. Section 21. This ordinance shall take effect and continue and remain in effect for a period of twenty-five (25) years from and after the date which is sixty (60) days after the adoption and passage of this franchise ordinance on third and final reading; provided Grantee files a written acceptance of this franchise ordinance with Grantor within thirty (30) days after final passage of this franchise ordinance. Section 22. If any provision, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of Grantor in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end, all provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 25th day of August, 2009. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of 12009. PASSED BY THE CITY COUNCIL of the City of Beaumont on third reading this the day of , 2009. - Mayor Becky Ames - ATTEST: CITY SECRETARY TO THE CITY OF BEAUMONT, TEXAS: CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas Operations itself, its successors and assigns, hereby accepts the above and foregoing ordinance and agrees to be bound by all of its terms and provisions. Dated this the day of , 2009. CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS Richard A. Zapalac, Vice -President - Texas Southern Gas Operations NOTE TO THE CITY SECRETARY: Please do not complete the certificate below until an officer of CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS, has executed the Acceptance above. THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, the duly appointed, qualified and acting City Secretary of Beaumont, Texas, hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of Beaumont, Texas, on the day of , 2009. City Secretary of Beaumont, Texas [SEAL] August 25, 2009 Consider adopting the 2009 Drought Contingency Plan and renewing the City's commitment to Chapter 28, Article III, Section 28-59 of the Code of Ordinances RICH WITH OPPORTUNrry [11'CnAi[1M0N* T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani J. Tohme, Water Utilities Director August 25, 2009 REQUESTED ACTION: Consider adopting the 2009 Drought Contingency Plan and renewing the City's commitment to Chapter 28, Article III, Section 28-59 of the Code of Ordinances. RECOMMENDATION Administration recommends adopting the 2009 Water Conservation and Drought Contingency Plan and renewing the City's commitment to Chapter 28, Article III, Section 28-59 of the Code of Ordinances. BACKGROUND The Texas Commission on Environmental Quality requires a wholesale public water supplier that holds a water right in the amount of 1,000 acre-feet or more for municipal use, and provides water service to 3,300 or more connections to have an Ordinance for a Drought Contingency Plan that should be renewed every 5 years. The plan must meet all of the minimum requirements as set forth in the TCEQ rules, Title 30 Texas Administrative Code Chapter 288. The Plan establishes water conservation goals and means to achieve them; establishes criteria for the initiation and termination of drought response stages; establishes restrictions on certain water uses; establishes penalties for the violation of and provisions for enforcement of these restrictions, and establishes procedures for granting variances. The adoption of the 2009 Water Conservation and Drought Contingency Plan and renewal of the City's commitment to Chapter 28, Article III, Section 28-59 of the Code of Ordinances is recommended by the City Manager and the Water Utilities Director. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the 2009 Water Conservation and Drought Contingency Plan is hereby adopted. The Plan is substantially in the form attached hereto as Exhibit "A." BE IT FURTHER RESOLVED THAT the City of Beaumont hereby renews its commitment to Chapter 28, Article III, Section 28-59, "Drought Contingency." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS WATER CONSERVATION PLAN AND DROUGHT CONTINGENCY PLAN SUBMITTED TO: WATER CONSERVATION AND DROUGHT MANAGEMENT TEAM WATER RIGHT PERMITTING AVAILABILITY SECTION TEXAS COMMISSION ON ENVIRONMENTAL QUALITY October 1990 August 1992 October 2001 April 2005 April 2009 EXHIBIT "A" TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MUNICIPAL WATER CONSERVATION PLANNING DAT: UTILITY SURVEY Name of Applicant: City of Beaumont — Water Utilities PWSID No. 1230001 Address: 1350 Langham Road Beaumont, TX 77707 Telephone Number: (409) 785-3000 Fax Number: (409) 861-4836 Form Completed by: Dr. Hani J. Tohme, P.E. Title: Water Utilities Director Signature: Date: 2 I. CUSTOMER DATA A. Population and Service Area Data 1. Please provide a description of the service area. If the applicant has Received a Certificate of Convenience and Necessity (CCN) from the TCEQ, please include a copy of the CCN and a service -area map. The distribution system consists of 780 miles of water lines and six elevated storage tanks with approximately 42,221 connections, encompassing a service area of 85.74 square miles. The service area is flat in nature and contains residential, commercial and industrial customers. Water lines range in size from 2" to 42" in diameter. Most of the city is operated as one pressure plane. However, a booster station in the southern portion of the city serves the prison system. The north and west parts of the city receive ground water, the remainder of the city receives surface water. Refer to Appendix A for the CCN information. 2. Service area size (square miles): 85.74 3. Current population of service area: 121,579 4. Current population served by Utility: a. Water 121,579 b. Wastewater 5. Population served by water utility for each of the previous five years: 121,579 6. Projected population For service area: Year Population Year Population 2004 129,130 2009 121,579 2005 123,799 2010 122,000 2006 122,230 2011 122,500 2007 123,400 2012 123,000 2008 121,800 2013 123,500 List source(s) and/or method(s) for the calculation of current and projected population: Chamber of Commerce Population for prison system 12,000 2009 population for Beaumont -121,579 2013 projected population 123,500 Projected population increase in next five years based on ongoing developments and housing projects. 3 B. Active Connections 1. Current number of active connections by user type: Treated water users: Metered Not metered Total Residential 35,841 None 35,841 Commercial 4,555 None 4,555 Industrial 16 None 16 Public 174 None 174 Other None None Is multi -family service with a single meter counted as Residential or Commercial? Commercial 2. Net number of new connections per year for previous five years: Tvue 2004 2005 2006 2007 2008 Residential 181 14 488 (-750) (-175) Commercial 36 85 (-13) (-165) 284 Industrial 2 None 4 (-7) 9 Public (-3) 3 1 (-7) 10 Other None None None None None Note: The numbers submitted in the 2004 plan were actual new connections for the year. The numbers in this report represent the difference in the total connections for consecutive years. 4 C. High Volume Retail Customers 1. Two year average annual use (in 1,000 gallons) for the 5 highest volume retail and wholesale customers whose water use is included in Section HA2 on Page 5. Customer water Use (1000eal.lyr.) Treated or raw (1) Federal Correctional Complex 299,194 Treated (2) TDCJ/Utilities & Energy 264,688 Treated (3) Lucite International 45,428 Treated (4) Peak Sulfur Inc. 34,590 Treated (5) Betz Chemical Co. 22,862 Treated 2. Two year average annual use (in 1,000 gallons) for wholesale and other customers whose water use is not included in Section HA2 on Page 5: Customer (1) N/A II, WATER USE DATA FOR SERVICE AREA A. Water Accounting Data Use Treated or Raw water 1 a. Amount of water diverted (pumped) for previous five years (in, 1000 gal.) Total amount diverted for both ground and surface (raw water) sources. 2004 2005 2006 2007 2008 January 701,962 690,903 713,514 663,022 706,487 February 673,382 614,825 608,433 633,463 633,013 March 728,567 691,736 680,552 691,387 674,456 April 710,201 727,440 718,292 643,585 672,023 May 736,788 806,475 768,657 685,774 701,487 June 720,606 829,037 744,661 681,743 730,891 July 815,843 797,793 731,624 688,225 751,804 August 872,421 802,430 779,332 754,186 744,736 September 867,077 814,851 723,937 654,375 784,641 October 784,932 857,651 694,329 779,155 790,196 November 724,003 715,629 652,025 694,111 723,681 December 729,761 706,189 670,216 678,421 706,971 Total 9,065,543 9,054,959 8,485,582 8,247,447 8,620,386 5 lb. Please indicate how the above figures were determined (e.g. from a master meter located at the point of diversion from a stream or located at a point where raw water enters the treatment plant, or from water sales). Master meters on raw water entering the treatment plant and meters on well flow at the ground water pump station. 2. Amount of water (in 1,000 gallons) delivered (sold) as recorded by the following account types (See#1, Appendix A) for the past five years. Total Consumption includes Residential, Commercial, Industrial, Public, and other. Year Total Consumption + Used for water treatment Total 2004 6,206,675 131,332 6,338,007 2005 6,389,841 175,590 6,565,431 2006 5,995,283 184,907 6,180,190 2007 5,410,261 137,766 5,548,027 2008 5,714,711 155,408 5,870,119 Note: Volume used for treatment decreased due to changing the type of polymer suggested by research and experimentation. 3. Unaccounted-for water 4. Annual ,peak -to -average daily use ratio Year Amount (gall % Year Average MGD Peak MGD Ratio 04 2,727,536 30.09 04 24,410 34,138 1.399 05 2,489,528 27.49 05 24.808 34,530 1.392 06 2,305,392 27.16 06 23.248 30.896 1.329 07 2,699,420 32.73 07 22.596 28.602 1.266 08 2,750,267 31.90 08 23.553 33.961 1.442 5. Municipal per capita water use for previous five years (in gallons per capita per day): (Industrial Sales are not available) Note: In 2005 and 2008 Hurricanes Rita and Ike caused extensive damage to the City of Beaumont that required continuous flushing for over 2 months. The 0 Total Industrial Municipal Year Population Diverted/Year Sales Per Capita Use 04 129,130 9,065,543,000 N/A 192 05 123,799 9,054,959,000 N/A 200 06 122,230 89485,582,000 N/A 190 07 123,400 8,247,447,000 N/A 183 08 121,800 8,620,386,000 N/A 194 Note: In 2005 and 2008 Hurricanes Rita and Ike caused extensive damage to the City of Beaumont that required continuous flushing for over 2 months. The 0 salt intrusion during Hurricane Ike required the pumping of salt water into the distribution system that had to be flushed out. This emergency situation caused the increase in the Municipal per Capita Use value that has seen a decline since 2004. 6. Seasonal water use for the previous five years (in gallons/person/day): B. Projected Water Demands Provide estimates for total water demands for the planning horizon of the utility. Indicate sources of data and how projected water demands were determined. Attach additional sheet if necessary. The following table is part of a report that was prepared for the City of Beaumont by Freese & Nichols in 2004. The City of Beaumont maintains an excellent set of production records from which an analysis of historic water usage can be made. The total requirements are computed by adding the total of both surface and well water to City. This historical average day per capita demand has increased steadily from the 1950's through 2004 with slight fluctuation in demands reflecting wet and dry years. Average water consumption and per capita usage for the years 1998 was very high due to an extended drought period. The table that follows displays the figures for population, per capita water demand (GPCD), total water requirement for an average day (MGD), and maximum daily requirements (MGD) excluding raw water usage. When this report was prepared in 2004, it projected no decrease in the per capita demand (GPCD) due to previous historic trends. However, the actual per capita values are less than the 2004 projections by 5 and 12 percent for 2005 and 2007 respectively. The decreasing per capita demand values is a result of increased usage of water conservation measures. A couple of examples would be a leak detection program conducted in 2007 and 2008, and continuous public education. The Texas Water Development Board (TWDB) estimates these savings in per capita per day to be as follows: 7 Base per Summer per Seasonal Year Population capita use capita use use 04 129,130 192 228 36 05 123,799 200 218 18 06 122,230 190 205 15 07 123,400 183 191 8 08 1219,800 194 203 9 B. Projected Water Demands Provide estimates for total water demands for the planning horizon of the utility. Indicate sources of data and how projected water demands were determined. Attach additional sheet if necessary. The following table is part of a report that was prepared for the City of Beaumont by Freese & Nichols in 2004. The City of Beaumont maintains an excellent set of production records from which an analysis of historic water usage can be made. The total requirements are computed by adding the total of both surface and well water to City. This historical average day per capita demand has increased steadily from the 1950's through 2004 with slight fluctuation in demands reflecting wet and dry years. Average water consumption and per capita usage for the years 1998 was very high due to an extended drought period. The table that follows displays the figures for population, per capita water demand (GPCD), total water requirement for an average day (MGD), and maximum daily requirements (MGD) excluding raw water usage. When this report was prepared in 2004, it projected no decrease in the per capita demand (GPCD) due to previous historic trends. However, the actual per capita values are less than the 2004 projections by 5 and 12 percent for 2005 and 2007 respectively. The decreasing per capita demand values is a result of increased usage of water conservation measures. A couple of examples would be a leak detection program conducted in 2007 and 2008, and continuous public education. The Texas Water Development Board (TWDB) estimates these savings in per capita per day to be as follows: 7 City of Beaumont Projected Water Requirements Year Projected Beaumont Population Per Capita Demand (GP D) Total Requirements for Avg Day (MGD) Maximum Daily Requirements 1950 94014 89.0 8.36 14.21 1960 119175 111.0 13.22 22.47 1970 117548 138.0 16.22 27.57 1980 118102 175.0 20.65 35.11 1990 114323 159.0 18.21 27.70 1997 119838 186.0 22.31 37.93 1998 120595 211.0 25.39 43.16 2000 122109 210.0 25.64 43.59 2005 125772 209.5 26.35 44.80 2010 129545 209.0 27.07 46.02 2015 133431 208.5 27.82 47.29 2020 137434 208.0 28.59 48.60 Population figures for 1950-1990 were taken from U.S. Census data. Population figures for 1997 and 1998 were derived using a 3.2% grown rate predicted by SETRPC for this period. Population figures from 2000-2020 were taken from the SETRPC estimated growth tate. Average day requirements for 1950 to 1998 were provided by the City of Beaumont. Per capita usage from 1998 through 2020 were based on below normal rainfall (drought) conditions and a decrease of 0.5 GPCD per 5 year increment based on increased usage of water conservation plumbing fixtures, and water conservation programs implemented by the city. 12 III. WATER SUPPLY SYSTEM A. Water Supply Sources 1. List all current water supply and the amounts available with each: Surface Water: Groundwater: Contracts: Other: Source Amount Available Neches River 50 MGD Chicot Aquifer 16 MGD None None None None B. Treatment and Distribution System 1. Design daily capacity of system: 56 MGD 2. Please describe the water system. Include the number of treatment plants, wells, and storage tanks. If possible, include a sketch of the system layout. The City of Beaumont is served by one surface water treatment plant and one ground water pump station. The Neches River is the raw water source for the surface water treatment plant (40 MGD). The surface water treatment plant is a conventional -type water treatment plant with normal disinfection, up flow pulsate clarifier, and dual media filtration. The raw water flows from the Neches River to the surface water treatment plant via a canal system, pump station, and pipe. The canal system has three intakes from the Neches River: Weiss Bluff intake, Bunn's Bluff intake, and Lawson's intake. Only one intake is in use at a time. Bunn's Bluff, Gravity flow intake is the normal operating intake. Lawson's intake is used only in emergencies. The raw water is pumped from the end of Bunn's Canal to the rapid mix where alum is added as the primary coagulant. I€ necessary caustic, is added to increase alkalinity. The water proceeds through the up flow clarifiers to the filters. Chlorine can be added at this point, before filtration, for disinfection zone 1; however, D1 is normally not utilized. Phosphate is added before and after filtration for sequestration of manganese. Chlorine, caustic and fluoride are added after filtration, just before the water reaches the clear well, a 5 million gallon ground storage tank. D2 is from the clear well influent to clear well effluent. After the clear well ammonia is added to form chloramines and caustic is added to increase the pH. The water is then 9 pumped to the distribution system. The ground water system (16 MGD) consists of three wells, two 5 million gallon ground storage tanks and four booster pumps, all located in Hardin County north of Beaumont. The wells pump from the Chicot Aquifer (a minor aquifer within the Gulf Coast aquifer). Free chlorine is added before and after the ground storage tanks. The water is pumped from the ground storage tanks to the distribution system. The distribution system consists of 780 miles of water lines and six elevated storage tanks with approximately 42,221 connections, encompassing a service area of 85.74 sq. miles. Water lines range in size from 2" to 42' in diameter. Most of the city is operated as one pressure plane. However, a booster station in the southern portion of the city serves the prison system. The north and west parts of the city receive ground water, the remainder of the city receives surface water. Refer to Appendix B. IV. WASTEWATER SYSTEM A. Wastewater System Data 1. Design Capacity of wastewater treatment plant: 46 MGD 2. Briefly describe the wastewater system(s) of the area serviced by the water utility. Describe how treated wastewater is disposed of. Where applicable, identify treatment plant(s) with the TCEQ name and number, the operator, owner, and if wastewater is discharged, the receiving stream. Please provide a sketch or map which located the plant(s) discharge points or disposal sites. The City of Beaumont's Wastewater Treatment Plant is a high rate continuous recirculation, two stage bio -trickling filter plant followed by three polishing ponds. Following chlorination and dechlorination the wastewater treatment plant's effluent is pumped to a constructed wetland for tertiary treatment prior to being discharged into a natural wetland and then to the receiving stream. Plant site is locate at 4900 Lafin Road, approximately 3000 feet south of IIS Highway 69 and Highway 124 in Jefferson County. Since 2003 the wastewater treatment plant received a major upgrade to its treatment units, electrical and SCADA system. The City of Beaumont's Wastewater Treatment Plant is owned and operated by the City and is identified by TCEQ Permit Number 100501-020 Hillebrandt Bayou Wastewater Treatment Plant. Treatment effluent discharged is into Hillebrandt Bayou in segment number 0704 of the Neches -Trinity Coastal River Basin. 10 The City of Beaumont's wastewater treatment plant disposes of its aerobically digested sludge at the City of Beaumont's Type 1 Landfill (TCEQ Number 1486) owned and operated by the City of Beaumont. Refer to Appendix C. B. Wastewater Data for Service Area 1. Percent of water service area serviced by wastewater system: 100% 2. Monthly volume treated for previous five years (in 1,000 gallons): V. UTILITY OPERATING DATA A. Water and Wastewater Rates and Rate Structure (Indicated if there are different rate structures for industrial users). ORDINANCE NO. 04-042 ENTITLED AN ORDINANCE AMENDIND CHAPTER 28, SECTION28-50 and 28-51, OF THE CODE OF ORDINANCE TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE JULY 1 IN THE YEARS 2004, 2005, AND 2006; PROVIDING FOR SEVERRABILITY; PROVIDING FOR REPEAL; AND PROVIDIND A PENALITY. 11 2004 2005 2006 2007 2008 January 467,110 917,330 516,240 1,019,760 1,524,100 February 459,520 495,090 430,280 759,390 800,500 March 483,030 911,050 429,140 803,850 753,790 April 611,760 484,220 357,070 956,970 563,520 May 695,940 489,130 500,440 742,090 565,220 June 508,460 904,280 594,050 1,081,630 602,040 July 525,410 653,560 1,385,510 1,475,760 678,400 August 481,120 710,490 548,450 647,920 1,242,960 September 546,580 870,776 597,280 840,050 620,920 October 490,510 835,140 1,078,770 528,150 669,390 November 819,250 824,226 366,090 689,800 738,760 December 571,920 934,770 572,940 783,190 1,068,110 Total 6,661,610 9,030,062 7,346,260 10,328,560 7,989,670 V. UTILITY OPERATING DATA A. Water and Wastewater Rates and Rate Structure (Indicated if there are different rate structures for industrial users). ORDINANCE NO. 04-042 ENTITLED AN ORDINANCE AMENDIND CHAPTER 28, SECTION28-50 and 28-51, OF THE CODE OF ORDINANCE TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE JULY 1 IN THE YEARS 2004, 2005, AND 2006; PROVIDING FOR SEVERRABILITY; PROVIDING FOR REPEAL; AND PROVIDIND A PENALITY. 11 BE IT ORDAINED BY THE CITY OF BEAUMONT: ARTICLE M. WATER AND SEWER REGULATIONS GENERALLY* Section I *Note: Additional provision for regulations and rates may be contained in ordinances and papers not contained in this Code. Sec. 28.50. Water service rates. (a) Effective October 1, 2008, as shown below, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the City except as provided in paragraph (b) of this section. Meter Size/Inches 5/8 1 11/2 2 3 4 6 8 10 12 Usage rate first 1,000 gallons Over 1,000 gallons $ per 1,000 gallons Water/Sewer Rate Increase October 1, 2008 Minimum Monthly Rates WATER Inside City Rate $9.02 9.98 10.95 13.66 27.77 33.66 60.67 83.45 114.84 143.17 Minimum $3.05 12 Outside City Rate $13.54 14.97 16.41 20.50 41.66 50.49 90.99 125.16 172.27 214.76 Minimum $4.58 (b) The rate for senior citizens who comply with subsection (c) below will be at a discounted rate equivalent to the rate per one thousand (1,000) gallons of water. (c) Eligible senior citizens shall mean customers residing in a single-family residence inside the city who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (Ord. No. 88-72, § 1, 8-9-88; Ord. No. 89-79, § 1, 10-24-89; Ord. No. 90-68, § 1, 11-13-90; Ord. No. 92-81, § 1, 12-8-92; Ord. No. 00-45, § 1, 5-30-00; Ord. No. 00-56, § 1, 6-27-00; Ord. No. 04- 042, 4042, § 1, 6-22-04; Ord. No. 07-093, § 1, 9-25-07; Ord. No. 08-075, § 1, 9-9-08) Editor's note: Ord. No. 88-72, § 1, adopted Aug. 9, 1988, repealed §§ 28-50--28-55, pertaining to water and sewer regulations and enacted new provisions designated as §§ 28-50--28-55 to read as herein set out. Former §§ 28-50--28-55 derived from Code 1958, §§ 32-8, 32-9, 40-8, 40-9, 40-16; Ord. No. 76-107, §§ 1-4, adopted Sept. 27, 1976; Ord. No. 76-108, § 1, adopted Sept. 26, 1976; Ord. No. 76-125, § 1, adopted Oct. 19, 1976; Ord. No. 76-126, §§ 1, 2, adopted Oct. 19, 1976; Ord. No. 81-26, § 1, adopted April 21, 1981; Ord. No. 82-5, § 1, adopted Jan. 12, 1982; Ord. No. 83-123, § 1 (App. A, § II), adopted Sept. 27, 1983; Ord. No. 84-127, § 1, adopted Sept. 25, 1984; Ord. No. 85-96, §§ 1, 2, adopted Sept. 24,1985; Ord. No. 86-99, §§ 1, 2, adopted Sept. 23, 1986; Ord. No. 87- 15, § 1, adopted March 17, 1987 and Ord. No. 87-51, § 1, adopted July 7, 1987. Sec. 28-51. Wastewater service rates. (a) Effective October 1, 2008, in each year as shown below, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater (150 mg/1 lb) except as provided in paragraph (b) of this section. 13 WATER/SEWER RATE INCREASES October 1, 2008 MIN' IMUM MONTHLY RATES Meter Size/Inches 5/8 1 11/2 2 3 4 6 8 10 12 Usage rate first 1,000 gallons Over 1,000 gallons $ per 1,000 gallons SEWER Inside City Rate $5.76 5.86 5.95 6.47 7.32 10.72 17.57 21.47 29.29 37.09 Minimum $2.76 Outside City Rate $8.63 8.78 8.92 9.69 10.97 16.09 26.33 32.22 43.92 55.62 Minimum $4.15 (b) The rate for senior citizens who comply with subsection (c) below will be at a discounted rate equivalent to the rate per one thousand (1,000) gallons of water. (c) Eligible senior citizens shall mean customers residing in a single-family residence inside the city who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with water customer Services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) (1) Residential sewer charges shall be based on the average of the actual monthly water usage of the preceding months of November, December, January and February which preceded the months billed. (2) The monthly individual residential sewer volume charge shall not exceed the average of the actual metered water volume usage for the previous months of November through February. Where no preceding November through February monthly average volume is available from records, the water customer services shall establish an average monthly volume based on the average monthly usage of all residential users in each particular cycle route for the winter months set out above. 14 (e) Commercial and industrial sewer usage charges shall be based on one hundred (100) percent of the metered water usage. In circumstances where a commercial or industrial customer desires a credit for metered water being consumed but not being returned to the sanitary sewer, it shall be the responsibility of the user to furnish to the director of water utilities an engineering report, certified by a professional engineer, that justifies and supports the discharge reduction as being a continuous normal part of the process. Based on the data provided, the director of water utilities may estimate said return or require submetering of the process water. Meter used for submetering shall be furnished at the customer's expense and shall be approved by the director of water utilities. (Ord. No. 88-72, § 1, 8-9-88; Ord. No. 89-79, § 2, 10-24-89; Ord. No. 90-68, § 2, 11-13-90; Ord. No. 92-81, § 1, 12-8-92; Ord. No. 00-45, § 2, 5-20-00; Ord. No. 00-56, § 2, 6-27-00; Ord. No. 04- 042, § 2, 6-22-04; Ord. No. 07-093, § 2, 9-25-07; Ord. No. 08-040, § 24, 5-13-08; Ord. No. 08-075, § 2, 9-9-08) Note: See the editor's note at § 28-50. VI. CONSERVATION GOALS Please use the data provided in this survey to establish conservation goals (additional data may be used). A. Water conservation goals for municipal utilities are generally established to maintain or reduce consumption, as measured in: 1. gallon per capita per day used; 2. unaccounted-for water uses; 3. peak -day to average -day ratio; and/or 4. an increase in reuse or recycling of water. B. TCEQ conservation staff assess the reasonableness of water conservation goals based on whether the applicant addresses the following steps: 1. identification of a water or wastewater problem; 2. performance of a system audit (completion of this form). 3. selection of goals based on the technical potential to save water as identified in the audit; and 4. performance of a coast -benefit analysis of conservation strategies. If at least the first three steps have been completed and are summarized in the water conservation plan, then TCEQ staff can conclude that there is substantiated basis for the goals, and that the water conservation plan is integrated into water management. Therefore, the established conservation goals are deemed reasonable. 15 C. Complete the following in gallons per capita per day (gpcd) to quantify the water conservation goals for the utility's service area. 1. Estimation of the technical potential for reducing per capita water use: 2. Planning goal The planning goal equals the dry year per capita water use minus the total technical potentials calculated in number one above. Goal to be achieved by 2013 (in gpcd): 172 gpcd Goal to be achieved by 2018 (in gpcd): 162 gpcd Note: Projections are based on using actual 2007 values since the 2008 values were effected by Hurricane Ike. 3. Needed reduction in per capita use to meet planning goal : Current per capita use: 183 Planning goal for 2013(from #2 above): 172 Planning goal for 2018(from #2 above): 162 Difference between current use and 2018 goal: 21 gpcd (Represents needed reduction in per capita use to meet goal.) 4. Methods to reduce per capita use: a. Water line replacement program: In 2000 the City of Beaumont adopted an aggressive water line replacement program. The program continue to replace approximately 20,000 linear feet of water lines per year. The replacement of corroded, unlined cast iron water lines 16 Conservation Scenario Most Likely Advanced a. Reduction in unaccounted-for users: 7.0 34.5 gpcd b. Reduction in indoor water uses due to water -conserving plumbing fixtures: 6.0 21.7 c. Reduction in season use: 4.0 7.65 d. Reduction in water use due to public education programs: 4.0 9.55 TOTAL TECHNICAL POTENTIAL FOR REDUCING PER CAPITA WATER USE: 21.00 73.40 2. Planning goal The planning goal equals the dry year per capita water use minus the total technical potentials calculated in number one above. Goal to be achieved by 2013 (in gpcd): 172 gpcd Goal to be achieved by 2018 (in gpcd): 162 gpcd Note: Projections are based on using actual 2007 values since the 2008 values were effected by Hurricane Ike. 3. Needed reduction in per capita use to meet planning goal : Current per capita use: 183 Planning goal for 2013(from #2 above): 172 Planning goal for 2018(from #2 above): 162 Difference between current use and 2018 goal: 21 gpcd (Represents needed reduction in per capita use to meet goal.) 4. Methods to reduce per capita use: a. Water line replacement program: In 2000 the City of Beaumont adopted an aggressive water line replacement program. The program continue to replace approximately 20,000 linear feet of water lines per year. The replacement of corroded, unlined cast iron water lines 16 improves water quality, reduces water loss, and reduces production costs. Refer to Appendix D. b. Installation of conservative plumbing fixtures: The City of Beaumont Code Enforcement section adopted the use of plumbing fixtures that promotes water conservation. The City of Beaumont will continue to enforce such measures. c. Water Leak Detection and Elimination Program: The water meter and alley lines relocation program, reduced the water leaks and relocated the lines to the street making any future leak easier to detect. The City of Beaumont contracted with ADS the leak detection program that identified leaks and trained City staff on how to operate the equipment. The City is in the process of buying leak detection equipment to conduct daily in-house leak detection. Refer to Appendix E d. Annual water meter testing. In 2000 the City of Beaumont started conducting an annual test of all its meters 3 inches and larger. This program will continue to be a part of the standard operations. e. Water System Master Plan: The City of Beaumont Contracted out to Schaumburg and Polk, Inc. the design of a Master Plan that will be completed by the end of 2009. The Master Plan will field survey and locate all existing lines, create a water model, and identify areas of low pressures and potential water leaks. f. Leak Detection Program: The City of Beaumont executed a contract with ADS Environmental Services to identify leaks in the distribution system. This program started in February 2007 and was completed in April 2008. The leaks found have been repaired by City forces. The City is in the process of buying leak detection equipment to establish an ongoing leak detection program. Refer to Appendix F for Resolution and results of study. g. Self Audit Program: The City of Beaumont will conduct a self audit for all its facilities every two years. 17 h. Water Bill Inserts In the next five years the City of Beaumont will continue to include inserts in the water bills to educate the public on water conservation. In addition the City will insert in the water bill a self audit to the customers to help them conserve water and save money. Refer to Appendix G i. Public Education: The City of Beaumont adopted a five year educational program (2009 through 2013) that will continue to educate the public by presenting brochures at community centers, town hall meetings, schools and entertainment festivals. In addition, the City is sponsoring water conservation school programs and projects Refer to Appendix H 18 ATTACHMENTS Appendix A Certificate of Convenience and Necessity (CCN), Site Maps Appendix B Water Treatment Plant Flow Schematic Appendix C Wastewater Treatment plant Flow Schematic Appendix D Water Line Replacement Program Appendix E Water Meter and Alley Lines Relocation Program Appendix F Leak Detection Program Appendix G Customer Self Audit Appendix H Public Education Handout/School Programs Appendix I Resolution R-92-184 Appendix J Ordinance No. 01-058 Apendix K Ordinance No. 01-078 Appendix L Drought Contingency Plan 19 P] August 25, 2009 Consider authorizing the City Manager to enter into contracts for the purchase of homes and the provision of relocation assistance for their owners of houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program RICH WITH OPPORTUNITY IIEA,111�1011 T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager (-)k3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 25, 2009 REQUESTED ACTION: Consider authorizing the City Manager to enter into contracts for the purchase of homes and the provision of relocation assistance for their owners of houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program. RECOMMENDATION The Administration recommends approval. BACKGROUND: As a result of Hurricane Ike, some homes located within the floodplain, east of Pine Street, received flood damage. Because the City's floodplain land use ordinance requires that homes in the floodplain that are substantially damaged be elevated prior to repair, many residents have found elevating their homes and repairing them difficult if not impossible. In order to provide relief to the residents and avoid future, repetitive flooding of these homes, the City applied for Hazard Mitigation funds to acquire and demolish these homes. The City was successfully awarded this grant for acquisition and removal of sixteen (16) homes. To date, we have inspected and secured appraisals for each of the sixteen (16) homes and made purchase and relocation offers. Those addresses listed below and attached contracts represent offers accepted by the owners, up to this point. Please note that the purchase offer amounts are based on pre -storm appraisal values, less any proceeds from insurance and/or other disaster relief assistance. The amount of relocation assistance is based on the grant formula and differs, depending upon the resident's desire to secure rental housing or purchase a new home. Address 410 Manning 3105 Taliaferro 3150 Taliaferro 385 E Delaware 445 Manning Owners Name Dorothy Green Willis -Joubert Timmie Bell Marshall Terry Horace&Lilly Dean Total: FEMA Grant Amount (at 75%) Local CDBG Match Amount (at 25%) Purchase Amount $26,845.71 $22,527.56 $22,738.60 $10,000.00 $82,111.87 $61,583.90 $20,527.97 Relocation Amount $22,500.00 $22,500.00 $16,875.00 $5,625.00 This grant provides seventy-five percent (75 %) of the costs, with a required twenty-five percent (25 %) local match, which will be paid through a reallocation of 2008 Program Year CDBG demolition funds. It is expected that additional purchase contracts will be forthcoming as offers are accepted by the homeowners. Once these properties are acquired, the City will demolish these homes and deed restrict the properties, to prevent future flooding losses. These costs will also be covered by the grant. BUDGETARY IMPACT Funds this local match are available through the 2008 Program Year CDBG Budget. FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this "day of1, 2009, by and between the City of Beaumont, Texas, hereinafter referred to as the Ci , and Dorothy Green, Be Gray, Georgia Gray-Guillory, Jackie Gray, William Paul Gray, and Betty Joseph, hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM) and /or Texas Department of Housing and Community Affairs (TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 410 Manning and described as North End N 122 Ft Lot 8 Block 7 Abstract 046750. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of $26,845.71 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple, clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre -flood value of $42,000.00 with deductions for any insurance payment received by SELLER for structural damage of $5,072.67 and $13,522.62 for any Disaster Housing Assistance program (DI -IA) (structural repairs) and/or $0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $3,441.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens, and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City, state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined, will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and will not claim any such benefits. S. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnities, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs, executors, successors and assigns of all parties. DATED this �ay of (. 2009. /A - Seller Si tura ss� Seller MAW Name `S, ler Si`= azure Seller PrinM Name V 'Seller Signature; Seller Printed N me Sell6r Signature \iil kAfn Q Seller Printed Name ;Seller Signa e Seller Prin ed Name eller Signa re Seller Printed Name-� City of Beaumont Approval: t_ Witne, ; attesting for Seller (signature) \,A A. --p Witness, attesting for Seller (PpMed Name) ng for Seller (signature) Witness, attesting foj• Seller iii ed Name) Witnese attesting for Seller (signature) �// Wi4less, attesting for Seller (Printed Name) Witness, attesting for Seller (signage) Witness, lUtesting for�ilgLtPiintedName) Witne-, �;attest',ig orSeller- (si_gn-dtu�) Witness, attesting for Seller (Printed Name) mess, attesting for Seller itness, attesting for Seller (Printe(Y' lame) FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this 10th day of June 2009, by and between the City of Beaumont, Texas, hereinafter referred to as the City, and Elnora Willis -Joubert hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM) and /or Texas Department of Housing and Community Affairs (TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 3105 Taliaferro and described as Part of Mt Olive Lot 16, Lot 17, Block 3 Abstract 045250. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of $22,527.56 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple, clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre -flood value of $35,000.00 with deductions for any insurance payment received by SELLER for structural damage of $0.00 and $12,472.44 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or $0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens, and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City, state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined, will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement way result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs, executors, successors and assigns of all parties. DATED this 1091h day of June, 2009. h y'�.,a. Seller Signature i" Elnora Willis -Joubert Seller Printed Name City of Beaumont Approval: Witness, attesting for S e ller{siignature) Witness, attesting fo'r Si11(Prirfted Name) FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this _(+_ day of 2009, by and between the City of Beaumont, Texas, hereinafter referred to as the City, and Timmie Bell he rafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM) and /or Texas Department of Housing and Community Affairs (TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 3150 Taliaferro and described as Mt Olive Lot 13 Block 4 Abstract 045250. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of $22,738.60 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple, clear of all liens and encumbrances. 2. SELLER acknowledges that the a to be paid for the property is the pre -flood value of $40,000.00 with deductions for any flood insurance payment received by SELLER for structural damage of $20,300.00, wind insurance payment received by SELLER for structural damage of $4,611.40, $0.00 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or $0.00 for Other Needs Assistance (ONA) for which ,SLLER cannot document as expended on repair of the damaged structure, and a reimbursement of $7,650.00 for certain repairs and/or unreimbursed temporary living expenses for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens, and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City, state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined, will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs, executors, successors and assigns of all parties. DATED this day of titer , 2009. 3tller Signature 4wiess,ttesting for Seller (signature) Timmie Bell Seller Printed Name City of Beaumont Approval: ig for Selly (Printed Name) FLOOD DAMAGED PROPERTY CONTRACT FOR SALE THIS AGREEMENT is made and entered into this day of a i° 2009, by and between the City of Beaumont, Texas, hereinafter referred to as the City, and Marshell G Terry hereinafter referred to as the SELLER. THAT, the CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM) and /or Texas Department of Housing and Community Affairs (TH&CA) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 385 E. Delaware and described as Part of Mt Olive Lot 16, Lot 17, Block 3 Abstract 045250. The Seller represents that this property was damaged by flood, that the Seller qualifies for the assistance being granted and that the Seller understands that there is NO OBLIGATION TO SELL THE PROPERTY UNDER THIS PROGRAM, BUT THE SELLER DOES SO VOLUNTARILY. The parties agree as follows: 1. The City agrees to pay the SELLER for said property the sum of $10,000.00 payable at settlement after the acceptance of this Agreement and preliminary approval of the Seller's title; provided the Seller can execute and deliver a good and sufficient general warranty deed conveying marketable title to said property in fee simple, clear of all liens and encumbrances. 2. SELLER acknowledges that the price to be paid for the property is the pre -flood value of $10,000.00 with deductions for any insurance payment received by SELLER for structural damage of $0.00 and $0.00 for any Disaster Housing Assistance program (DHA) (structural repairs) and/or $0.00 for Other Needs Assistance (ONA) for which SELLER cannot document as expended on repair of the damaged structure, and a reimbursement of $0.00 for certain repairs for which receipts were provided have been added. 3. The proceeds from the sale shall first be applied to all liens on the property, including real estate taxes, weedy lot liens, and paving assessments. All lien amounts shall be due and payable to the date of settlement. The Hazard Mitigation Grant Program Funds being used for the purchase of the property cannot and will not duplicate benefits received for the same from any other funds. SELLER will return any disaster aid money received if it duplicates benefits as determined by the City or any federal or state official administering these grant funds. 4. SELLER will execute all necessary documents to transfer marketable fee simple title to the property to the City and also agrees to execute now and in the future, any and all documents required by the City and/or DEM to complete this transaction and to comply with the City, state or Federal Regulations. 5. SELLER will NOT remove any property considered a portion of the real estate without prior written notice to the City and providing appraisals of such properties. The value of the property so removed, as finally determined, will be deducted from the purchase price, if the purchase price has not as yet been paid in full or be repaid by the SELLER within 10 days after removal if the purchase price has been paid to the SELLER. The value of the property removed will be solely determined by the City and must be negotiated prior to removal. SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises. The City will NOT permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in a reduction of the value of and amount received for the structure. 6. The SELLER understands that no fixtures, materials or improvements to the real estate may be removed from the premises, and, because of legal liability reasons, the CITY will not permit any materials to be salvaged at this time or at the time of demolition. Any violation of this agreement may result in changing the fair market value of the structure. 7. The SELLER understands this is a voluntary transaction and that SELLER is not entitled to relocation benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA), and will not claim any such benefits. 8. SELLER acknowledges that it has had an opportunity to review this contract and that it has had an opportunity, if it so chooses, to contact an attorney of it's choice to review this Agreement. SELLER enters into this Agreement fully understanding the nature thereof. SELLER further releases, indemnifies, and saves and holds harmless the City and the City's officers, employees, agents, and subcontractors from all suits, actions, or claims of any character, name, or description for any matter relating to the subject matter of this contract. The SELLER shall release and indemnify the City from and against any suits, damages, obligations or liability regardless of the negligence, alleged misrepresentations or other intentional or unintentional acts of the City or any of its officers, agents, employees or subcontractors performed in relation to this contract or the administration of this buyout program. This agreement is binding upon the heirs, executors, successors and assigns of all parties. DATED this day of _ Seller Signature Marshell G Terry Seller Printed Name City of Beaumont Approval: 2009. Witness, attesting for Seller (signature) , Witness, attesting for Seller (Piirt Na*) Oti T . r R RE_ 0 ' F_TIUNT AGREEMENT THIS AGREEMENT is made and entered into thisj: �° day of ;. t r_; t 200'4. by and between the City of Beaumont, Texas, hereinafter referred to as "CITIPI and Horace & Liliy �ean, hereinafter referred to as the "RECIPIENT." WITNESSETH: The CITY is acting under a federal grant from the Texas Department of Public Safety, Governor's Division of Emergency Management (GDEM) to purchase certain property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, 445 Manning and described as North End Lot - 12 Block -4 Abstract 046750, (the "Property") in which the RECIPIENT resides. THAT, the State and FEMA have allocated additional grant funds to assist the RECIPIENT in fording and affording a decent, safe, and sanitary replacement home, outside of the floodplain. THAT, the RECIPIENT was the Owner of the above -referenced Property and entered into a voluntary agreement to sell the above -referenced Property to CITY. THAT, the RECIPIENT represents that he resided in the above -referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW, THEREFORE, CITY and the RECIPIENT (collectively, the "Parties") agree as follows: 1. CITY agrees to pay the RECIPIENT the sum of Twenty Two Thousand Five Hundred and No/100 ($22,500.00) payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above -referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Purchase of replacement home $30,000.00 $85.000.00 $55,000.00 Amount of City contribution toward replacement home $22,500.00 *Capped at $22,500 Total benefits to be paid = $22,500.00 3. The RECIPIENT acknowledges that this payment will satisfy any and all obligations of the CITY as to this transaction and agrees to accept this payment as complete and full compensation. 4. The RECIPIENT acknowledges that he has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CITY as a result of this Agreement or anything incident to the purchase of the above -referenced Property. This Agreement is binding upon the heirs, executors, successors, and assigns of the Parties. �t 4 DATED this' " ` day of j,, ,� t 2003 RECIPIENT W 'TNESS IECIPIENT ��'ITNESS Accepted by: CITY OF BEAUMONT 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 contracts with the owners of homes flooded during Hurricane Ike for the purchase of those homes and the provision of relocation assistance through the Hazard Mitigation Grant Program's Acquisition and Demolition Program as described below: Address Owners Name Purchase Relocation Amount Amount 410 Manning Dorothy Green $26,845.71 3105 Taliaferro Willis -Joubert $22,527.56 3150 Taliaferro Timmie Bell $22,738.60 385 E Delaware Marshall Terry $10,000.00 445 Manning Horace&Lilly Dean $22,500.00 Total: $82,111.87 $22,500.00 FEMA Grant Amount (at 75%) $61,583.90 $16,875.00 Local CDBG Match Amount (at 25%) $20,527.97 $5,625.00 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - rul August 25, 2009 Consider approving a resolution authorizing the City Manager to execute water and/or wastewater service agreements with City of Beaumont wholesale customers RICH WITH OPPORTUNITY IIEA,UMON* T• E- X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani J. Tohme, Water Utilities Director August 25, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute water and/or wastewater service agreements with City of Beaumont wholesale customers. RECOMMENDATION Administration recommends approval of executing water and/or wastewater service agreements with Arkema, Inc., Equistar Chemicals, LP, Exxon Mobil Polyethylene Plant, Exxon Mobil Refinery, Exxon Mobil BCSP/OA, Lucite, Northwest Forest MUD, Peak Sulfur, Inc., Martin Resources, BASF Corporation, Republic Services, Texas Department of Criminal Justice, Cardinal Meadows Improvement District, Federal Bureau of Prisons, Gerdau Ameristeal of Beaumont, GE Betz, West Jefferson County MUD, and Meeker MUD. BACKGROUND The Texas Commission on Environmental Quality, Chapter 290, Sub -Chapter D, Rules and Regulations for Public Water Systems, require municipalities to execute service agreements with wholesalers as well as non -transient non communities which are not a community water system but regularly serve at least 25 of the same persons at least six months out of the year. Once service agreements are executed with such entities, they will be required by state law to monitor and report the water quality inside of their property on a monthly basis. This procedure will prevent any possible contamination of the City of Beaumont water system and protect public health. The Water Utilities Department provides water and/or sanitary sewer services to 16 industrial customers and 4,800 commercial customers. The industrial and commercial facilities will be evaluated, and agreements will be executed for those who will be identified as wholesalers and non -transient non -communities. The execution of the service agreements is recommended for approval by the City Manager and the Water Utilities Director. A sample service agreement is attached for your review. BUDGETARY IMPACT None. RICII \VITIf 0VALITY T E - X - A - S City of Beaumont SERVICE AGREEMENT CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT CONTRACT BETWEEN City of Beaumont ■ Arkema Inc. WHEREAS, Arkema Inc., doing business in the State of Texas (herein "Owner"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on Date for the City to provide potable drinking water services to Arkema. WHEREAS, the City and Owner desire to adopt a Service Agreement Contract for the provision of potable drinking water services to Arkema and agree as follows: WITNESSETH I Owner agrees to maintain, free of charge to the City, the water lines within its property. II The City shall have the right to enter on the Owner property or premises with 24 hour prior notice for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City wilt abide by all Owner site safety rules and other site access rules while on Owner property. III Owner agrees to install and maintain a UL approved RPZ (reduced pressure zone) backflow prevention device at the point of service (the meter). The City will give a variance of several feet so that the Cit of Beaumont 1350 Langliam Road \Vater Utilities Department Page I of 6 Beaumont, Texas 77707 RPZ can be placed inside the fence for protection. The RPZ must be installed according to the requirements in City Ordinance 01-032, Section 28-57.12. The assembly must be tested upon installation and annually by a certified tester. IVl Owner agrees to install and maintain all appropriate required backflow and backsiphonage prevention assembly devices deemed necessary by the Texas Commission on Environmental Quality regulations to protect the internal owners. The internal protection of the drinking water supplied to Owner employees and/or owners is the responsibility of Owner. The City will provide guidance on proper cross connection prevention. 1i] Owner agrees to comply with applicable City Code of Ordinances including the following restrictions and unacceptable practices prohibited by State regulations: No direct connection between the public drinking water supply and a potential source of contamination is permitted. Potential sources of contamination shall be isolated from the public drinking water supply by an air -gap or a reduced pressure -zone backflow prevention device. 2. No cross-comlection between the public drinking water supply and a private water system is permitted. These potential threats to the public drinking water supply shall be eliminated at the service connection by the installation of an air -gap or an approved backflow prevention device. 3. No connection which allows water to be returned to the public drinking water supply is permitted. 4. No pipe or pipe fitting which contains more than 8.0% lead may be used for the installation or repair of plumbing at any connection which provides water for human use. 5. No solder or flux which contains more than 0.2% lead shall be used for installation or repair of any water supply which provides water for human use. VI The Water Utilities Department will maintain a copy of this Contract as long as the Owner and/or the premises are connected to the Water Utilities Department. Additional requirements are listed below: City of Beaumont 1350 Langham Road water Utilities Department Page 2 of 6 Beaumont, Texas 77707 Owner shall have their property inspected for possible cross -connections and other potential contamination hazards. These inspections shall be conducted by a qualified inspector acceptable to the Water Utilities Department annually, or when there is reason to believe the cross -connection or other potential contamination hazards exist due to changes to the private water distribution facilities. 2. Owner shall notify the Water Utilities Department in writing of any cross -connection or other potential contamination hazard which has been identified during the initial inspection or the annual reinspection. 3. Owner shall immediately remove or adequately isolate any potential cross -connections or other potential contamination hazards on their premises. 4. Owner shall, at their expense, properly install, test annually, and maintain any backflow prevention device required by the Water Utilities Department. Copies of all testing and maintenance records shall be provided to the Water Utilities Department by July 30 of each year or date of annual testing schedule. VII Owner will be responsible for all reporting requirements to the State as a Public Water Supply System. The City will provide annually the Consumer Confidence Report for its distribution. In the event of a change in treatment or distribution such as utilizing treated water other than City supply, Owner agrees to promptly report to the City. This is to include any violations of chlorine and/or coliform monitoring. VIII Owner is authorized to use a maximum of 9,000 gallons per hour on a daily average or 216,000 gallons per day. The rates applied by the City can be negotiated if the demand of Owner changes. IX Owner agrees to pay to the City all charges for water service within thirty (30) days from date of statement from the City. In the event of failure of Owner to so pay said charges, City shall have the right, City ol'Beaumont 1350 Langhatn Road water Utilities Depaivnent Page 3 of 6 Beaumont, Texas 77707 upon thirty (30) days written notice to Owner, to refuse to provide potable water service to Owner. X Owner will pay the same rate for water services as established from time -to -time by the City Council for outside the City of Beaumont. The event said rates are altered or amended by City Ordinance, Owner agrees to pay said amended rates. XI Owner agrees to: Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying, affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. XII This Contract shall be for a period of 12 months from and after the date of execution and shall continue there after year to year until either party gives 30 days written notice of intent to terminate this agreement.. XIII Owner may, from time to time, convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries, and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council, of the assignee or assignees, and only upon the condition that the assignee or assignees assume the liabilities, responsibilities and obligations under this Contract with respect to the land involved in the assignment or assigmnents, or as may be otherwise approved by the City Council. City of Beaumont 1350 Langham Road Wates Utilitie, Department Page 4 of 6 Beaumont, Texas 77707 In connection with this Contract, official addresses for notification shall be: A. Hann J. Tolmle, Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont, Texas 77707 B. Robert Martinez Arkema Inc. PO Box 1427 Beaumont, TX 77704 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. OUT This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Owner and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manager and Owner. IN WITNESS WHEREOF, the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the municipal corporate seal of said City to be hereunto affixed, and the said Owner, Owner, acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont, Texas, on this Owner By: By (PRINT) Authorized Representative Date By: Signature of Authorized Representative Date day of A.D., 2008. CITY OF BEAUMONT /CITY MANAGER Attest: Attest: Date Kyle Hayes, City Manager Date Date City of Beaumont 1350 Langham Road Water Utilities Department Page 5 of 6 Beaumont, Texas 77707 STATE OF "TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT BEFORE ME, the undersigned, a Notary Public in and for the said county and state, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction, and acknowledged to me that the same was the act of the said Owner, and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A.D. 2008. Notary Public My Commission Expires: City of Beaumont 1150 Lam�ham Road Water Utilities Department Page 6 of 6 Beaumont. Texas 77707 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 water and/or wastewater service agreements with Arkema, Inc., Equistar Chemicals, LP, Exxon Mobil Polyethylene Plant, Exxon Mobil Refinery, Exxon Mobil BCSP/OA, Lucite, Northwest Forest MUD, Peak Sulfur, Inc., Martin Resources, BASF Corporation, Republic Services, Texas Department of Criminal Justice, Cardinal Meadows Improvement District, Federal Bureau of Prisons, Gerdau Ameristeal of Beaumont, GE Betz, West Jefferson County MUD, and Meeker MUD. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - IN August 25, 2009 Consider approving a one year contract with Blue Cross Blue Shield of Texas for employee medical and dental insurance RICH WITH OPPORTUNITY .1(1rk111EA,111�lcl T - E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Lillie Babino, Human Resources Director ,�� August 25, 2009 Council approval of a one year agreement with Blue Cross Blue Shield of Texas (BCBSTX) for employee medical and dental insurance. Administration recommends that Council award to Blue Cross Blue Shield of Texas (BCBSTX) a one year contract effective January 1, 2010 for third party administration of the City's fully insured Health Maintenance Organization (HMO Blue Texas), self funded Preferred Provider Organization (PPO) medical plan and a self funded dental plan. BACKGROUND The City offers its full time employees medical and dental benefits. The medical and dental benefits consist of a self funded PPO plan, a fully insured HMO plan, and a self funded dental plan. There are 997 participants enrolled in the PPO plan, consisting of 861 active employees, 132 retirees, and 4 COBRA participants. There are 457 participants enrolled in the HMO plan, consisting of 403 active employees, 52 retirees, and 2 COBRA participants. In May 2009, City staff began analyzing the City's health care costs. In June 2009, staff also began working with the City's health benefit consultant, Holmes Murphy & Associates to determine if the City should request bid proposals for the City's HMO, PPO, and dental plans or remain with the current administrator, BCBSTX for 2010. The City has the option to negotiate new rates with BCBSTX without seeking bids. The prior year bid states the City has the option to request renewal rates from the current administrator, BCBSTX. The current agreement with BCBSTX started January 1, 2006 and can be renewed for up to five years. After analyzing and negotiating the BCBS renewal rates, staff concluded that BCBSTX offered the most cost effective plans. Initial renewal rates projected by BCBSTX for the fully insured HMO plan increased 10.4%. Actual claims experience resulted in the high initial renewal projection. PPO overall fixed costs consisting of stop loss and administration fees remained the same. Renewal rates for the self funded dental plan did not increase. Final negotiations by Holmes Murphy & Associates resulted in the HMO plan renewal being held to a 4.5% increase. The HMO increase was a function of increasing utilization due to aging members and medical inflation. Medical and Dental Insurance August 25, 2009 Page 2 Holmes Murphy & Associates recommends that the City remain with BCBSTX because it offers cost effective plans with an extensive network and deep provider discounts. The final negotiated rates are lower than the projected industry trends of 10 to 12%. Staff recommends implementation of the following rates to be paid by the City for HMO coverage, PPO and Dental administration effective January 1, 2010: BUDGETARYIMPACT Funds are available for this expenditure in the Employee Benefits Fund. 2009 Monthly HMO Rates 2010 Monthly HMO Rates Employee Only $336.92 $352.08 Employee + 1 Dependent $811.94 $848.48 Employee + Family7- $1155.56 $1,207.56 BUDGETARYIMPACT Funds are available for this expenditure in the Employee Benefits Fund. 2009 Monthly PPO Stop Loss and Administration Rates 2010 Monthly PPO Stop Loss and Administration Rates Employee Only $60.69 $60.69 Employee + 1 Dependent $86.47 $86.47 Employee + Family $86.47 $86.47 BUDGETARYIMPACT Funds are available for this expenditure in the Employee Benefits Fund. 2009 Monthly Dental Administration Rates 2010 Monthly Dental Administration Rates Employee Only $5.66 $5.66 Employee + 1 Dependent $5.66 $5.66 Employee + Family $5.66 $5.66 BUDGETARYIMPACT Funds are available for this expenditure in the Employee Benefits Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a one-year contract with Blue Cross Blue Shield of Texas (BCBSTX) for third party administration of the City's fully insured Health Maintenance Organization (HMO Blue Texas), self-funded Preferred Provider Organization (PPO) medical plan and a self-funded dental plan effective January 1, 2010. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - 12 August 25, 2009 Consider authorizing the City Manager to implement contribution rate changes for retirees in the medical plans RICH WITH OPPORTUNITY r C. T E - X - A S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Lillie Babino, Human Resources Director A. August 25, 2009 Council authorize the City Manager to implement the contribution rate change for retirees in the medical plans. RECOMMENDATION Administration recommends that Council approve medical contribution rate changes for retirees including their dependents, effective January 1, 2010. BACKGROUND Retirees and their dependents are allowed to elect continuation of medical coverage as provided by state statue. The retiree/dependent may continue coverage until the retiree/dependent is covered by Medicare/Medicaid but not beyond age 65. Currently, there are 184 retirees on the City's medical plans. The retiree contribution rate for Police and Fire retirees is based on a provision in the Police and Fire contract agreements which states, "Any employee who retired on or after February 1, 1992 may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69%; single rate + 1 at 58%; and the family rate at 54% of the COBRA rate on January 1 s` annually." This same formula is utilized when calculating the contribution rate for civilian retirees. The City requested Holmes Murphy & Associates, its benefits consultant, to analyze the City's health costs and to determine the 2010 medical COBRA rates. Based on Holmes Murphy & Associates analysis, it is recommended that retiree medical rates effective January 1, 2010 be as follows: Retiree Medical Plan Rates for 2010 August 25, 2009 Page 2 Plan and Category 2010 Medical Rate 2010 Prescription Drug Rate 2010 COBRA Rate* 2010 Retiree Rate 2009 Retiree Rate PPO (EO) $308.79 $63.08 $371.87 $256.59 $256.59 (El) $764.29 $156.16 $920.45 $533.86 $533.86 (E2) $1003.82 $205.11 $1208.93 $652.82 $652.82 HMO (EO) $352.08 $62.94 $415.02 $286.36 $275.90 (E1) $848.48 $151.70 $1000.18 $580.10 $558.91 (E2) $1207.56 $215.91 $1423.47 $768.67 $740.59 *Rate does not include COBRA administration fee. BUDGETARYIMPACT Appropriation of funds is available in the Employee Benefits Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to implement the following medical contribution rates for retirees, including their dependents, effective January 1, 2010: Plan and Category 2010 Medical Rate 2010 Prescription Drug Rate 2010 COBRA Rate* 2010 Retiree Rate 2009 Retiree Rate PPO (EO) $308.79 $63.08 $371.87 $256.59 $256.59 (E1) $764.29 $156.16 $920.45 $533.86 $533.86 (E2) $1003.82 $205.11 $1208.93 $652.82 $652.82 HMO (EO) $352.08 $62.94 $415.02 $286.36 $275.90 (E1) $848.48 $151.70 $1000.18 $580.10 $558.91 (E2) $1207.56 $215.91 $1423.47 $768.67 $740.59 *Rate does not include COBRA administration fee. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - 13 August 25, 2009 Consider approving a contract with CVS Caremark for Pharmacy Benefit Manager services for City employees RICH WITH OPPORTUNITY 111rCA,IIMONW. T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Lillie Babino, Human Resources Director August 25, 2009 Council consider authorizing a five year agreement with CVS Caremark for Pharmacy Benefit Manager services for City employees. The Administration recommends that Council authorize a five (5) year agreement with the current vendor CVS Caremark, with an option to terminate, with or without cause, after the first year. BACKGROUND As prescription drug costs continue to rise, the City faces a challenge in providing the same level of drug benefits as in previous years. The decision to recommend the agreement with CVS Caremark was based on their projected annual plan costs and continuity of services provided to City employees. For FY 2009, City drug costs are estimated to total $2.5 million which is approximately an eight percent (8%) increase over the prior year. This increase is representative of industry trends which predicted an 8-10% increase in pharmaceutical costs for 2009. Industry trends predict an 8-12% increase in pharmaceutical costs in 2010. The 2010 trend takes into consideration the increasing use of high cost speciality pharmacy medications. In May, 2009, City staff began analyzing the City's prescription drug costs and requested bid proposals from pharmacy benefit management companies. Nine (9) bid proposals were received and City staff along with the City's pharmacy benefit consultants, Action RX and Holmes Murphy interviewed the top three (3) companies. After evaluating the bid proposals, City staff, Action RX, and Holmes Murphy concluded that CVS Caremark offered the most robust and cost effective program. Besides placing first in the financial analysis, CVS Caremark offers high touch case management in its exclusive specialty pharmacy unit and placed an emphasis on adherence programs for five major disease states. Specialty Pharmacy is where some of the most expensive medications are dispensed to treat some of the sickest members. For example, medications to treat Multiple Sclerosis, Rheumatoid Arthritis, and Cancer which cost an average of $1,500 to $4,000 per month are dispensed through Caremark's Specialty Pharmacy division. Their national network of 61 speciality pharmacies provides continuous services 24/7/365; and supports emergency and/or disaster events. CVS Caremark also provides a case August 25, 2009 Page 2 management team to each chronically ill member that includes a Registered Nurse who specializes in that disease state, a reimbursement specialist, and pharmacy tech support. For the rest of the utilizers who use pharmacy services, CVS Caremark has 12 certified call centers that provide 24 hour assistance and members also have the option to speak with a pharmacist. The other bidders could not offer this level or depth of service. Further, with CVS Caremark's adherence programs for five (5) major disease states, CVS Caremark has the clinical assistance in place to measure, monitor, and provide robust programs to improve adherence. While CVS Caremark is a national company, CVS contributes heavily to the communities they serve. CVS employs 102 full-time and 40 part-time employees in Beaumont. CVS Caremark was very active in Hurricane relief efforts for Southeast Texas which included a $250,000 donation to the National Relief Fund of the Red Cross. The pricing structure proposed by CVS Caremark projects a cost savings of approximately 16.97% from the current pricing structure. This is based upon improved pricing on discounts, fees, and rebates**. Bid tabulations for the top three (3) finalists are as follows: VENDOR PROJECTED PROJECTED ANNUAL MEMBER PLAN COST** COST CVS Caremark (incumbent) $2,057,915 $881,964 Northbrook, Illinois Medco Health Solutions, Inc. $2,104,866 $902,085 Franklin Lakes, New Jersey Script Care $2,072,027 $888,012 Beaumont, Texas The current 30% co -pay plan design for City employees will remain the same. BUDGETARY IMPACT Funds are available in the Employee Benefits Fund. **An assumption based on actual plan year claims data RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a five (5) -year agreement, with the option to terminate, with or without cause, after the first year, with CVS Caremark as the City's Pharmacy Benefit Manager (PBM). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of August, 2009. - Mayor Becky Ames - IEI August 25, 2009 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 • RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager c V PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 25, 2009 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following seventy (70) 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 shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 620 Adams (Storage Shed) 11. 3149 Case 2. 3995 Adilade 12. 940 Church and Garage 3. 1110 Amarillo (Garage) 13. 5465 Cole Road and Shed 4. 1650 Avenue A (Garage & Storage Bldg) 14. 5475 Cole Road and Shed 5. 1647 Avenue H (Garage) 15. 3545 Corley 6. 2035 Brooklyn 16. 3029 W. Crockett 7. 2595 Brooklyn 17. 3179 W. Crockett 8. 2580-82 Calder (Commercial) 18. 3145 Dorothy Avenue (Storage Building) 9. 4770 Carnegie (Garage) 19. 1125 Doucette Avenue (Garage) F10. 11675 Carpenter Road 20. 1350 Doucette Avenue (Garage) (#) Indicates number of times structure has been enrolled in work program. E (Continued) 21. 1640 Earl 46. 3550 Pradice 22. 1433 Emile (Garage) 47. 1798 Prairie (Garage) 23. 1435 Emile 48. 3435 Quinn (Garage) 24. 2415 Euclid (Garage and Shed) 49. 5225 '/Z Roberts (Barn/Shed) 25. 830 Fulton (Garage and Shed) 50. 2652 Sabine Pass Avenue 26. 1157 Georgia Avenue 51. 870 Sherman 27. 1780 Gladys (Garage/Shed) 52. 2320 Sonny Perkins 28. 5915 Greenmoor Lane 53. 3657 St. James Blvd. 29. 910 Harriot and Rear Shed 54. 645 Sunnyside Drive 30. 2185 Hemlock (Shed) 55. 2780 Tannis and Shed 31. 2285 Hemlock and Shed 56. 3285 N. 10ffi St. (Garage) 32. 1066 Isla 57. 2195 Terrell Avenue and Garage 33. 415 Jackson 58, 2565 Texas and Auxiliary Structure 34. 1307 Laurel 59. 985-87 Std Street 35. 490 Lethia (Carport) 60. 695 Threadneedle (Garage) 36. 11640 Loop Road (Garage & Rear Shed) 61. 1835 Threadneedle 37. 2222 North 62. 1811 Tilson (Metal Shed) 38. 2545 North (Garage Apartment) 63. 1140 Van Buren and Garage 39. 2740 Palestine 64. 1410 Van Buren 40. 825 Porter 65. 1420 Van Buren 41. 995 Porter 66. 1665 Victoria (Garage) 42. 2045 Potts and Shed 67. 2830 Victoria (Garage) 43. 2440 Potts (Rear Auxiliary Building) 68. 805 W. Virginia 44. 2450 Potts 69. 2818 Waco (1) 45. 3540-42 Pradice 70. 4095 Willie Mae (Rear Garage) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these seventy (70) 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 shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND 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. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. • • ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 620 Adams (Storage Shed) 21. 1640 Earl 2. 3995 Adilade 22. 1433 Emile (Garage) 3. 1110 Amarillo (Garage) 23. 1435 Emile 4. 1650 Avenue A (Garage & Storage Bldg) 24. 2415 Euclid (Garage and Shed) 5. 1647 Avenue H (Garage) 25. 830 Fulton (Garage and Shed) 6. 2035 Brooklyn 26. 1157 Georgia Avenue 7. 2595 Brooklyn 27. 1780 Gladys (Garage/Shed) 8. 2580-82 Calder (Commercial) 28. 5915 Greenmoor Lane 9. 4770 Carnegie (Garage) 29. 910 Harriot and Rear Shed 10. 11675 Carpenter Road 30. 2185 Hemlock (Shed) 11. 3149 Case 31. 2285 Hemlock and Shed 12. 940 Church and Garage 32. 1066 Isla 13. 5465 Cole Road and Shed 33. 415 Jackson 14. 5475 Cole Road and Shed 34. 1307 Laurel 15. 3545 Corley 35. 490 Lethia (Carport) 16. 3029 W. Crockett 36. 11640 Loop Road (Garage & Rear Shed) 17. 3179 W. Crockett 37. 2222 North 18. 3145 Dorothy Avenue (Storage Building) 38. 2545 North (Garage Apartment) 19. 1125 Doucette Avenue (Garage) 39. 2740 Palestine 20. 1350 Doucette Avenue (Garage) 40. 825 Porter 41. 995 Porter 56. 3285 N. 10th St. (Garage) 42. 2045 Potts and Shed 57. 2195 Terrell Avenue and Garage 43. 2440 Potts (Rear Auxiliary Building) 58. 2565 Texas and Auxiliary Structure 44. 2450 Potts 59. 985-873 rd Street 45. 3540-42 Pradice 60. 695 Threadneedle (Garage) 46. 3550 Pradice 61, 1835 Threadneedle 47. 1798 Prairie (Garage) 62. 1811 Tilson (Metal Shed) 48. 3435 Quinn (Garage) 63. 1140 Van Buren and Garage 49. 5225'/ Roberts (Barn/Shed) 64. 1410 Van Buren 50. 2652 Sabine Pass Avenue 65. 1420 Van Buren 51. 870 Sherman 66. 1665 Victoria (Garage) 52. 2320 Sonny Perkins 67. 2830 Victoria (Garage) 53. 3657 St. James Blvd. 68. 805 W. Virginia 54. 645 Sunnyside Drive 69. 2818 Waco (1) r55, 2780 Tannis and Shed 70. 4095 Willie Mae (Rear Garage) (#) Indicates number of times structure has been enrolled in work program. 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, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the ownerorowners ofthe above-described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 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 a 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. Spr_tinn d 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 25th day of August, 2009. - Mayor Becky Ames - SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 1 - INITIAL INSPECTION DATE May 20, 2008 WARD 4 ADDRESS OF INSPECTION 620 Adams (Storage Shed) OWNER Elizabeth L Simons and Luther Gray ADDRESS 5220 Roberts Rd CITY/STATE (05)-6811 APPRAISAL VALUE Land Value 3820 Improvement Value 23110 Total Value 26930 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 storage building has been partially demolished by the property owner. The structure is in danger of totally collapsing. 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 SEE ATTACHED PHOTOS r� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 2. INITIAL INSPECTION DATE May 7, 2008 WARD 4 ADDRESS OF INSPECTION 3995 Adilade OWNER Erastus Petry ESTATE c/o Erica Petry ADDRESS P O Bog 3224 CITY/STATE (04)-3224 APPRAISAL VALUE Land Value 1470 Improvement Value 14960 Total Value 16430 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 $1,176.57. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. There is a hole in the roof. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and window sills need replacing. The exterior termite damage. The foundation has extensive deterioration. The interior flooring, ceilings and walls are damaged and will need repair. The ceiling is falling in and the walls are busted out. 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 backyard 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� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 3. INITIAL INSPECTION DATE August 12, 2008 WARD 3 ADDRESS OF INSPECTION 1110 Amarillo (Garage) OWNER Richard R & Anna E. Heartfield ADDRESS 5755 N. Circuit Dr CITY/STATE (06)-4426 APPRAISAL VALUE Land Value 1960 Improvement Value 100 Total Value 2060 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 garage has collapsed There is only one wall standing. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION toCITY OF BEAUMONT 4 - INITIAL INSPECTION DATE January 23, 2009 WARD 3 ADDRESS OF INSPECTION 1650 Avenue A (Garage and Storage Buildings) OWNER Woodrow W Racca c/o Sylvia McGee ADDRESS 1650 avenue a CITY/STATE (01)-6901 APPRAISAL VALUE Land Value 3750 Improvement Value 39150 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 NO X MAJOR CODE VIOLATIONS: The roof on these structures are deteriorated and new shingles will be needed. Rafters and fascia boards are rotted. Exterior doors need to be replaced. The entire area has completely been overtaken by vegetation. Based on the extensive repairs needed in this structure and the structure. SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 5. INITIAL INSPECTION DATE October 31, 2008 WARD 3 ADDRESS OF INSPECTION 1647 Avenue H (Garage OWNER Leigh Maldonado ADDRESS 1637 Avenue H CITY/STATE (01)-6822 APPRAISAL VALUE Land Value 2250 Improvement Value 5020 Total Value 7270 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 $181.42. MAJOR CODE VIOLATIONS: The roof on this garage is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted There is extensive water damage to the interior. The structure is listing Vegetation is beginning to overtake the structure. Based on the extensive repairs needed in this ktructure 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 6. INITIAL INSPECTION DATE August 26, 2008 WARD 3 ADDRESS OF INSPECTION 2035 Brooklyn OWNER Harold & Mary P. Kelley ADDRESS 2035 Brooklyn CITY/STATE (0l)-6216 APPRAISAL VALUE Land Value 470 Improvement Value 13300 Total Value 13800 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 $443.30. 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. All has extensive deterioration and sagging. The interior flooring, ceilings and walls are damaged and will need repair. 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. The backyard is like a jungle. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT �' INITIAL INSPECTION DATE August 14, 2008 WARD 3 ADDRESS OF INSPECTION 2595 Brooklyn OWNER Guadalupe Contreras ADDRESS 2595 Brooklyn CITY/STATE X011-7305 APPRAISAL VALUE Land Value 3910 Improvement Value 0 Total Value 3910 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 is deteriorated. There is water damage to the interior noted from prior inspection Inspection was viewed through the window. The front door is damaged. There is possible termite damage The foundation is deteriorated. The interior flooring, ceilings and walls are damaged electrical wirier 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 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 8. INITIAL INSPECTION DATE November 24, 2008 WARD 1 ADDRESS OF INSPECTION 2580 Calder (Commercial) OWNER Brock Neireiter ADDRESS 1125 Skakespeare Dr CITY/STATE (06)-4103 APPRAISAL VALUE Land Value 15810 Improvement Value 53310 Total Value 69120 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 $6,202.99. MAJOR CODE VIOLATIONS: The roof on this commercial structure has extensive deterioration and new shingles will be needed The rafters and fascia boards are rotted. There is extensive water da alp ge to ceilings and walls are damaged and will need repair. There are holes in the walls and the ceiling is 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 trashed and there is homeless people staving in the rear 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 9 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 9. INITIAL INSPECTION DATE Aprd 3, 2008 WARD 3 ADDRESS OF INSPECTION 4770 Carnegie (Garage) OWNER Louella Coward Shillow ADDRESS 4770 Carnegie CITY/STATE (03)-1617 APPRAISAL VALUE Land Value 1%0 Improvement Value 26830 Total Value 28790 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 $3,900.00. MAJOR CODE VIOLATIONS: The roof on this garage is completely gone. Just the walls are standing. There is extensive water damage to the interior. Based on the extensive repairs needed in this structure and SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 10 - INITIAL INSPECTION DATE June 4, 2008 WARD 1 ADDRESS OF INSPECTION 11675 Carpenter Road OWNER Donald R. Arnold ADDRESS 2223 Rea Road CITY/STATE Kountze, Tx. 77625-7243 APPRAISAL VALUE Land Value 770 Improvement Value 480 Total Value 1250 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 $661.81. MAJOR CODE VIOLATIONS:_ The metal roof on this structure is very rusty. The rafters and fascia boards are rotted There is extensive water damage to the interior. All damaged or rotten windows and window sills need replacing The exterior of the structure has been stripped. There is extensive termite and will need repair. 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 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 11. INITIAL INSPECTION DATE October 27, 2008 WARD 3 ADDRESS OF INSPECTION 3149 Case OWNER Mary Ogletree ESTATE ADDRESS 3149 Case CITY/STATE (03)-3605 APPRAISAL VALUE Land Value 1820 Improvement Value 18860 Total Value 20680 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 $1,500.31. 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. All exterior doors need reviacim. The front and back porches are deteriorated. There is termite damage. The foundation has extensive deterioration and sagging. The interior flooring, ceilings and walls are damaged and will need repair. The interior is 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. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 12. INITIAL INSPECTION DATE January 8, 2008 WARD 4 ADDRESS OF INSPECTION 940 Church and Garage OWNER Mac Malachi Inc. & Gilbraltar Builders ADDRESS P O Box 21133 CITY/STATE (20)-1133 APPRAISAL VALUE Land Value 2450 Improvement Value 24810 Total Value 27260 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 $8,280.11. 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. All damaged or rotten windows and window sills need replacing. The exterior doors need replacing. The rear interior flooring, ceilings and walls are damaged and will need repair. The walls have extensive damage. All damaged electrical wiring and electrical fixtures will need to be replaced. It appears that someone might be stripping the wiring. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible and the yard is very overgrown. 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 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 13. INTTIAL INSPECTION DATE July 28, 2008 WARD 1 ADDRESS OF INSPECTION 5465 Cole Road and Shed OWNER Ina Harris ADDRESS P O Bog 345 CITY/STATE China, Tx. 77613-0345 APPRAISAL VALUE Land Value 10830 Improvement Value 24950 Total Value 35780 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 $205.36. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed Shingles are missing and the blue tarp has blown off. The rafters and fascia boards are rotted. and walls are damaged and will need repair. The ceilings are falling in due to extensive water damage. AU 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 being vandalized. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 14. INTTIAL INSPECTION DATE Jud 28, 2008 WARD 1 ADDRESS OF INSPECTION 5475 Cole Road and Shed OWNER Ina Harris ADDRESS P O Boz 345 CITY/STATE China, Tx. 77613-0345 APPRAISAL VALUE Land Value 6900 Improvement Value 50690 Total Value 57590 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 $1,704.31. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed. There are holes in the rear of the roof. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and window sills need replacing. There is are damaged and will need repair. The ceilings are falling in due to extensive water 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 and being vandalized. 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 is SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 15. INITIAL INSPECTION DATE May 1, 2008 WARD 4 ADDRESS OF INSPECTION 3545 Corley OWNER Ernest F. Brown ESTATE ADDRESS 3545 Corley CITY/STATE (0l)-6419 APPRAISAL VALUE Land Value 3170 Improvement Value 36450 Total Value 39620 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 $6,447.19. MAJOR CODE VIOLATIONS: This structure was damaged during Hurricane Rita. The roof has extensive deterioration and new shingles will be needed. The blue tarp that was covering the roof has totally deteriorated The rafters and fascia boards are rotted. There is extensive water damage to the interior. All ssible termite damage. The foundation possibly has acracked slab. The interior flooring, ceilings and walls are damaged and will need repair. The ceiling have completely fallen in due to extensive water damage. There is extensive mold and mildew throughout. 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 backyard is like a jungle. 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 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 16. INITIAL INSPECTION DATE August 25, 2008 WARD 4 ADDRESS OF INSPECTION 3029 W. Crockett OWNER Melvin R Block ADDRESS P O Box 2942 CITY/STATE (04)-2932 APPRAISAL VALUE Land Value 660 Improvement Value 3510 Total Value 4170 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 rafters and fascia boards on this structure are rotted. All damaged or rotten windows and window sills need replacing. There are rotten window sills. The exterior doors need replacing. There is extensive termite damage. The exterior siding is missing and deteriorated. The 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 9 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT l7 - INITIAL INSPECTION DATE August 25, 2008 WARD 4 ADDRESS OF INSPECTION 3179 W Crockett OWNER 011ie Herbert ADDRESS 4620 Cartwright CITY/STATE (07)-4238 APPRAISAL VALUE Land Value 1320 Improvement Value 17230 Total Value 18550 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 $7,470.10. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The roof is sagging The rafters and fascia boards are rotted. There is water damage to the interior. All damaged or rotten windows and window sills need replacing There are rotten windowsills and damaged frames. The termite damage The exterior siding is missing and deteriorated. The foundation has extensive deterioration and sagging The interior flooring, ceilings and walls are damaged and will need repair. 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 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 18. INITIAL INSPECTION DATE November 3, 2008 WARD 4 ADDRESS OF INSPECTION 3145 Dorothy Avenue (Storage Building) OWNER James Robertson, Sr ESTATE ADDRESS 3145 Dorothy CITY/STATE (05) 1339 APPRAISAL VALUE Land Value 2250 Improvement Value 19360 Total Value 21610 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 $4,484.42. MAJOR CODE VIOLATIONS: The metal roof on this storage building is rusty and has numerous holes. The rafters and fascia boards are rotted There is extensive water damage to the interior. The exterior doors need replacing There is extensive termite damage. The exterior siding is damaged and deteriorated. q9the structure is covered with vegetation. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 19. INITIAL INSPECTION DATE December 29, 2008 WARD 3 ADDRESS OF INSPECTION 1125 Doucette Avenue (Garage) OWNER Antonia Jones ESTATE ADDRESS 10885 Braes Bend Dr CITY/STATE Houston, Tx. 77071-1144 APPRAISAL VALUE Land Value 2080 Improvement Value 32770 Total Value 34850 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 $1,097.81. MAJOR CODE VIOLATIONS: The roof on this garage is missing a few shingles. New shingles will be needed The rafters and fascia boards are rotted. There is extensive water damage to the interior. There is extensive termite damage to the exterior walls. Based on the extensive repairs needed in this structure and this structure. 0 SEE ATTACHED PHOTOS SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 20 - INITIAL INSPECTION DATE October 31, 2008 WARD 3 ADDRESS OF INSPECTION 1350 Doucette Avenue (Garage) OWNER Detricia Johnson ADDRESS 6160 E Sam Houston Pkwy N Apt #5204 CITY/STATE Houston, Tx. 77049-7203 APPRAISAL VALUE Land Value 1900 Improvement Value 23710 Total Value 25610 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: The metal roof on this garage is very rusty. The rafters and fascia boards are rotted. There is extensive water damage to the interior. The exterior doors 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 SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 21. INITIAL INSPECTION DATE October 20, 2008 WARD 3 ADDRESS OF INSPECTION 1640 Earl OWNER Alice Kiel Stewart ADDRESS 3875 Cleveland CITY/STATE (3) APPRAISAL VALUE Land Value 1770 Improvement Value 13700 Total Value 15470 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. The roof is falling in and the inspection was viewed through the windows. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and indow sills need replacing. There is termite damage. The foundation has extensive deterioration and sagg.ng. The interior flooring, ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical furfures will need to be replaced. Also all damaged dumbing 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 22. INITIAL INSPECTION DATE March 6, 2008 WARD 3 ADDRESS OF INSPECTION 1433 Emile (Garage) OWNER M. R. Andrus, Jr. ADDRESS 1433 Emile CITY/STATE (01)-6834 APPRAISAL VALUE Land Value 2600 Improvement Value 26220 Total Value 28820 A 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 $4,998.33. MAJOR CODE VIOLATIONS: The roof on this garage is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted. The structure is collapsing in the center. Based on the extensive SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 23 INITIAL INSPECTION DATE June 11. 2009 WARD 3 ADDRESS OF INSPECTION 1435 Emile OWNER Lillian Wilcox ADDRESS 1435 Emile CITY/STATE (01)-6834 APPRAISAL VALUE Land Value 5200 Improvement Value 20080 Total Value 25280 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 $13,625.53. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed There is extensive water damage to the interior. All damaged or rotten windows and window repair. The interior is trashed and vandalized 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 people are in and out 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 24. INITIAL INSPECTION DATE August 11, 2008 WARD 4 ADDRESS OF INSPECTION 2415 Euclid (Garage) and (Collapsing She OWNER Willie Bostic ADDRESS 2415 Euclid CITY/STATE (05)-1610 APPRAISAL VALUE Land Value 1180 Improvement Value 19470 Total Value 20650 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 $30.13. MAJOR CODE VIOLATIONS: The roof on this garage has extensive deterioration and new shingles will be needed The rafters and fascia boards are rotted. There is water damage to the interior. The exterior 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 25. INITIAL INSPECTION DATE August 14, 2008 WARD 3 ADDRESS OF INSPECTION 830 Fulton (Garage and Shed) OWNER Elizabeth A. Taylor ADDRESS 5790 Viking Dr CITY/STATE (06)-3442 APPRAISAL VALUE Land Value 1720 Improvement Value 15790 Total Value 17510 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 $362.95. MAJOR CODE VIOLATIONS: This garage is about to collapse. The roof has holes throughout. The rafters and fascia boards are rotted. The exterior doors need to be replaced. The shed is completely covered 50% of its appraised value. staff is recommending a raze order for thi SEE ATTACHED PHOTOS 1�1 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 26• INITIAL INSPECTION DATE November 25, 2008 WARD 4 ADDRESS OF INSPECTION 1157 Georgia Avenue OWNER Frank J & Ana Capello ADDRESS 3435 Cherry Drive CITY/STATE (03)-2721 APPRAISAL VALUE Land Value 3330 Improvement Value 29060 Total Value 32390 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's roof is deteriorated and new shingles will be needed. There are missinz shingles The rafters and fascia boards are rotted There is extensive water damage to the interior. All damaged or rotten windows and window sills need replacing. The front and back porches damaged and deteriorated The foundation has extensive deterioration. The structure is sitting on the ground The interior flooring, ceilings and walls are damaged and will need repair. There are holes in the flooring 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 27. CITY OF BEAUMONT INITIAL INSPECTION DATE December 15, 2008 WARD 3 ADDRESS OF INSPECTION 1780 Gladys (Garage/Shed) OWNER Gilbert Corbin ADDRESS 1780 Gladys CITY/STATE (01) 1106 APPRAISAL VALUE Land Value 2830 Improvement Value 28680 Total Value 31510 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 extensive rust and deterioration. Portions of the roof are missing The rafters and fascia boards are rotted. There is extensive water damage to the interior. The exterior doors are missing The exterior siding is covered with vegetation and has in exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 28' INITIAL INSPECTION DATE January21, 2009 WARD 4 ADDRESS OF INSPECTION 5915 Greenmoor Lane OWNER Edna Doffoney ESTATE c/o Lizzie Owens ADDRESS 3626 Westmoreland CITY/STATE (05) APPRAISAL VALUE Land Value 2570 Improvement Value 24690 Total Value 27260 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 $10,330.66. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. There is a hole in the roof. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and window sills need replacing. The exterior flooring, ceilings and walls are damaged and will need repair. The ceiling is 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 29. INITIALINSPECTION DATE August 12, 2008 WARD 4 ADDRESS OF INSPECTION 910 Harriot and Rear Shed OWNER Freddie Hughes ADDRESS 910 Harriot CITY/STATE (05)-2237 APPRAISAL VALUE Land Value 2450 Improvement Value 2210 Total Value 4660 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 $2,388.33. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed There are holes in the roof from damage from fallen trees. The rafters and fascia boards are replacing There are no steps at the rear of the house. There is possible termite damage. The foundation has extensive deterioration to the sills The interior flooring, ceilings and walls are damaged and will need repair. 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 backyard looks like a jungle. There is a shed on the property that is completely covered with vegetation. 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 11 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 30- INITIAL INSPECTION DATE December 2, 2008 WARD 3 ADDRESS OF INSPECTION 2185 Hemlock (Shed) OWNER Marie Colbert Davis ADDRESS 9475 Shepherd CITY/STATE (0D APPRAISAL VALUE Land Value 1540 Improvement Value 0 Total Value 1540 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 $143.03. MAJOR CODE VIOLATIONS: The metal roof on this shed is very rusty. The rafters and fascia boards are rotted The exterior doors are damaged. The structure is open. 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 SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 31. INITIAL INSPECTION DATE January 14, 2008 WARD 3 ADDRESS OF INSPECTION 2285 Hemlock and Shed OWNER Freddie Alfred ET UX ADDRESS 1095 Parry CITY/STATE (03)-2535 APPRAISAL VALUE Land Value 1100 Improvement Value 4430 Total Value 5530 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 Rork 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 front and back porches are deteriorated. The front steps are missing. All damaged or rotten windows and window repair. 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 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, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT • BUILDING CODES DIVISION CITY OF BEAUMONT 32. O INITIAL INSPECTION DATE June 5, 2009 WARD 3 ADDRESS OF INSPECTION 1066 Isla OWNER Greg Gladden ADDRESS 3017 Houston Ave. CITYlSTATE Houston, Tx. 77009-6734 APPRAISAL VALUE Land Value 870 Improvement Value 18260 Total Value 19130 A. Fifty (50) percent deterioration of non -supporting members? YES X NO K 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 $1,325.59. 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. All damaged or rotten windows and window sills need replacing. The windows are being stripped out. The exterior doors are missing. There is extensive termite damage. The foundation has extensive deterioration. The interior flooring, ceilings and walls are damaged and will need repair. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 33. INITIAL INSPECTION DATE February 19, 2009 WARD 3 ADDRESS OF INSPECTION 415 Jackson OWNER C R C E Trust ADDRESS P O Boz 2051 CITY/STATE Del Mar, CA 92014-1351 APPRAISAL VALUE Land Value 1640 Improvement Value 22230 Total Value 23870 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 damage and new shingles will be needed. There are holes throughout the roof. The rafters and fascia boards are damaged. There is extensive water damage to the interior. All damaged or rotten windows and window walls are damaged and will need repair. 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 L-1 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 34. INITIAL INSPECTION DATE October 7, 2008 WARD 3 ADDRESS OF INSPECTION 1307 Laurel OWNER J. W. Schlett ADDRESS 290 N. M L King Jr Pkwy CITY/STATE (01)-2048 APPRAISAL VALUE Land Value 3250 Improvement Value 21940 Total Value 25190 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 Rork Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $187.43. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. The shingles are worn and missing. Some of the ridge cap is missing. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and The front porch has some deterioration. The back door is damaged. There is termite damage. The foundation is sagging. The interior flooring, ceilings and walls are damaged and will need repair. 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 hot water heater is falling through the floor on the back porch. Someone has been working without a permit and a Stop Work Order was issued. The structure was secure at the time of inspection but illegal activity has been taking place. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 35. INIITAL INSPECTION DATE March 27, 2008 WARD 3 ADDRESS OF INSPECTION 490 Lethia (Carport) OWNER Joe M. Davis ADDRESS P O Bog 1183 CITY/STATE Hempstead, Tx. 77445-1183 APPRAISAL VALUE Land Value 980 Improvement Value 19520 Total Value 20500 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 carport is collapsing. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 36. INITIAL INSPECTION DATE April 11, 2008 WARD 1 ADDRESS OF INSPECTION 11640 Loop Road (Garage and Rear Shed) OWNER Rosie M Prune ADDRESS 140 Cunningham Ave CITY/STATE Lumberton, Tx. 77657-9589 APPRAISAL VALUE Land Value 2410 Improvement Value 6200 Total Value 8610 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 metal roof on these buildings are rusty and deteriorated. Some of the tin is missing The rafters and fascia boards are rotted. The exterior doors are damaged. The exterior siding is rotten. The shed is overgrown with vegetation. 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 'Nwfor this structure. SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 37 CITY OF BEAUMONT INITIAL INSPECTION DATE February 8, 2008 WARD 1 ADDRESS OF INSPECTION 2222 North OWNER Ora Ellis ADDRESS 2220 North CITY/STATE (01)-1551 APPRAISAL VALUE Land Value 0 Improvement Value 7020 Total Value 7020 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 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 damaged or rotten windows and window sills need replacing. The front porch canopyiparating from flooring, ceilings and walls are damaged and will need repair. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 38- INITIAL INSPECTION DATE April 2, 2008 WARD 1 ADDRESS OF INSPECTION 2545 North (Garage Apartment) OWNER Margarita & Lino Ayala ADDRESS 2545 North CITY/STATE (02)-1622 APPRAISAL VALUE Land Value 12500 Improvement Value 35690 Total Value 48190 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 $2,760.32. MAJOR CODE VIOLATIONS: The roof on this garage apartment has extensive deterioration and new shingles will be needed. There is extensive water damage to the interior. All damaged or rotten windows and winnow sills need renincinp_ The exterior doors need to be renlaced. There is termite damne. The damaged and will need repair. 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 overgrown with vegetation. 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 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 39. CITY OF BEAUMONT INITIAL INSPECTION DATE January 7, 2009 WARD 3 ADDRESS OF INSPECTION 2740 Palestine OWNER Devin O. Adams ADDRESS 2760 Palestine CITY/STATE (0l)-8013 APPRAISAL VALUE Land Value 1960 Improvement Value 38300 Total Value 40260 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 $6,469.65. 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. All damaged or rotten windows and window sills need replacing. Some is rotted and missing. The foundation has extensive deterioration. The interior flooring, ceilings and walls are damaged and will need repair. The ceilings are falling in. There is mold and mildew throughout. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 40. INITIAL INSPECTION DATE April 16, 2008 WARD 3 ADDRESS OF INSPECTION 825 Porter OWNER Abe Patterson ESTATE c/o Ivy Jefferson ADDRESS 903 N. Northwood Ave CITY/STATE Compton, CA 90220-1640 APPRAISAL VALUE Land Value 1750 Improvement Value 27260 Total Value 29010 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 $840-86. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed. The roof is sagging. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and window sills need replacing. There is broken glass and damaged window frames. The back porch has extensive deterioration. The back door is missing. There is extensive termite damage. The foundation has extensive deterioration and termite damage. The interior flooring, ceilings and walls are damaged and will need repair. 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 being stripped. The yard is very overgrown with vegetation and bushes. 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 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 41. INITIAL INSPECTION DATE December 2, 2008 WARD 3 ADDRESS OF INSPECTION 995 Porter OWNER Ester Jane Bodin ESTATE ADDRESS 995 Porter CITY/STATE (01)-7346 APPRAISAL VALUE Land Value 730 Improvement Value 11980 Total Value 12710 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 $2,115.97. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed. The roof has holes. The rafters and fascia boards are rotted. There is extensive water damage to and termite damage. The interior flooring, ceilings and walls are damaged and will need repair. 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 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 42' CITY OF BEAUMONT INITIAL INSPECTION DATE January 8, 2008 WARD 4 ADDRESS OF INSPECTION 2045 Potts and Shed OWNER Dorthy Smash Pitre ESTATE c/o Henry Pitre, Jr. ADDRESS 3019 Spice Mdw CITY/STATE San Antonio, Tx. 78222-3415 APPRAISAL VALUE Land Value 1320 Improvement Value 9230 Total Value 10550 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 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 damaged or rotten windows and window sills need replacing. Some of the windows are missing. The damage. The foundation has extensive deterioration. The interior flooring, ceilings and walls _are _damned and will need repair. The interior is 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 overgrown. The structure is open and accessible and being stripped and vandalized. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 43. INITIAL INSPECTION DATE May 16, 2008 WARD 4 ADDRESS OF INSPECTION 2440 Potts (Rear Auxiliary Building) OWNER Wendell Melonson ET UX ADDRESS 2440 Potts CITY/STATE (05)-1637 APPRAISAL VALUE Land Value 1440 Improvement Value 15090 Total Value 16530 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 $247.92. MAJOR CODE VIOLATIONS: This structure has totally collapsed and the roof is on the ground. 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. 40 SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 44- INITIAL INSPECTION DATE August 14, 2008 WARD 4 ADDRESS OF INSPECTION 2450 Potts OWNER Earlie Fusilier c/o Ironda McDuff y ADDRESS 8100 Seawall Blvd Apt 257 CITY/STATE Galveston, Tx. 77551-1965 APPRAISAL VALUE Land Value Improvement Value Total Value 1440 33510 34950 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 59,902.35. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. There is a hole in the roof. The rafters and fascia boards are rotted. There is extensive All doors need renlacing. The front and back porches are deteriorated. There is termite damage. _ The foundation has extensive deterioration. The interior flooring, ceilings and walls are damaged and will need repair. The ceiling is 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 backyard looks like a jungle. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 45. INITIAL INSPECTION DATE August 11, 2008 WARD 4 ADDRESS OF INSPECTION 3540-42 Pradice OWNER Stephen & Verlie Nobles ADDRESS 4250 Corley CITY/STATE (07)-4410 APPRAISAL VALUE Land Value 1470 Improvement Value 30700 Total Value 32170 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 $3,320.55. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. Some shingles are loose. There is extensive water damage to the interior. All damaged or rotten windows and window sills need replacing. The exterior doors need replacing. There is termite 40damage. The foundation has extensive deterioration and is sagging. The interior flooring, ceilings and walls are damaged and will need repair. The flooring is rotted. 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 backyard looks like a jungle. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 46. INITIALINSPECTION DATE August 11, 2008 WARD 4 ADDRESS OF INSPECTION 3550 Pradice OWNER William Stewart ADDRESS 3550 Pradice CITY/STATE (05)-1405 APPRAISAL VALUE Land Value 1470 Improvement Value 20900 Total Value 22370 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 $31,978.09. MAJOR CODE VIOLATIONS: This structure has possible Hurricane Rita damage. The roof has extensive deterioration and new shingles will be needed. There are holes in the porch roof. The front porch replacing. There is termite damage. The foundation has extensive deterioration. The interior tloorin ceilings and walls are damaged and will need repakr. The interior has exposed stud walls. A portion of the wall is missing. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 47. CITY OF BEAUMONT INITIAL INSPECTION DATE June 5. 2008 WARD 3 ADDRESS OF INSPECTION 1798 Prairie (Garage) OWNER Laura Mistrot ADDRESS 1798 Prairie CITY/STATE (O1)-8236 APPRAISAL VALUE Land Value 1960 Improvement Value 30840 Total Value 32800 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 garage has extensive deterioration and new shingles will be needed The roof is about to collapse There is extensive water damage to the interior. The exterior doors 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 48. INITIAL INSPECTION DATE March 19, 2008 WARD 3 ADDRESS OF INSPECTION 3435 Quinn (Garage) OWNER Michael Grant ADDRESS 3435 Quinn CITY/STATE (03)-3505 APPRAISAL VALUE Land Value 2010 Improvement Value 15330 Total Value 17340 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 $2,756.81. MAJOR CODE VIOLATIONS: The roof on this garage has extensive deterioration. There are holes in the roof and a portion is falling in. The rafters and fascia boards are rotted. There is extensive water 10damage to the interior. The doors are 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. 0 SEE ATTACHED PHOTOS SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION is CITY OF BEAUMONT 49' INITIAL INSPECTION DATE May 1, 2008 WARD 4 ADDRESS OF INSPECTION 52251/ Roberts (Barn/Shed) OWNER Howard Kern ADDRESS 5225 Roberts Rd CITY/STATE (05)-6810 APPRAISAL VALUE Land Value 1720 Improvement Value 0 Total Value 1720 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 $173.29. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. There is a hole in the roof. The rafters and fascia boards are rotted. There is extensive flooring, ceilings and walls are damaged and will need repair. 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 grass 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 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 50 - INITIAL INSPECTION DATE February 21, 2008 WARD 3 ADDRESS OF INSPECTION 2652 Sabine Pass Avenue OWNER Divine House of Refuge Church ADDRESS 2650 Sabine Pass Ave CITY/STATE (01)-8541 APPRAISAL VALUE Land Value 2940 Improvement Value 0 Total Value 2940 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 roof on this structure has extensive deterioration and new shingles will be needed. There is water damage to the interior. All damaged or rotten windows and window sills need replacing. The exterior doors are damaged. The exterior siding is deteriorated. The foundation has extensive and will need repair. There are holes in the walls. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 51. INITIAL INSPECTION DATE August 28, 2008 WARD 3 ADDRESS OF INSPECTION 870 Sherman OWNER Willie Ann Stoner ESTATE ADDRESS 870 Sherman CITY/STATE (01)-7348 APPRAISAL VALUE Land Value 1270 Improvement Value 9850 Total Value 11120 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 $2,937.83. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten has rotten sills. The interior flooring. ceilings and walls are damaged and will need repair. 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 being trashed. There is household trash scattered over the front yard. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 52' INITIAL INSPECTION DATE July 28, 2008 WARD 3 ADDRESS OF INSPECTION 2320 Sonny Perkins OWNER Kathryn Fontenot ET UX ADDRESS 1615 Lew CITY/STATE (01)-5921 APPRAISAL VALUE Land Value Improvement Value Total Value 770 380 1150 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's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted There is extensive water damage to the interior. The front porch canopy has collapsed All damaged or rotten windows and window sills need replacing. Some windows are missing. foundation has rotten sills. The interior flooring, ceilings and walls are damaged and will need repair. 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 being vandalized. The yard is overgrown with high weeds. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 53. INITIAL INSPECTION DATE March 5, 2008 WARD 4 ADDRESS OF INSPECTION 3657 St. James Blvd. OWNER Johnnie Jackson ESTATE c/o Bobbie Harper ADDRESS 1639 E 218th St. CITY/STATE Carson, CA 90745-2511 APPRAISAL VALUE Land Value 1470 Improvement Value 7500 Total Value 8970 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 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. The front and back porches are rotted. The exterior doors need replacing. There is termite damage. The repair. 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 grass 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 54• INITIAL INSPECTION DATE December 4, 2008 WARD 4 ADDRESS OF INSPECTION 645 Sunnyside Drive OWNER Dora Sanchez c/o Amelia Blankenship ADDRESS 5730 Western Trl CITY/STATE (13) APPRAISAL VALUE Land Value 2500 Improvement Value 10390 Total Value 12890 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 TIDE AMOUNT OF $359.63. 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. foundation is deteriorated. Attempts have been made to repair the foundation but no work program has been signed. The interior flooring, ceilings and walls are damaged and will need repair. 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. A dog was barking inside on day of inspection. There is a possible illegal tenant. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 55. INITIAL INSPECTION DATE March 27, 2008 WARD 3 ADDRESS OF INSPECTION 2780 Tannis and Shed OWNER Pauline Baldwin ADDRESS 3905 Steelton CITY/STATE (032843 APPRAISAL VALUE Land Value 980 Improvement Value 3250 Total Value 4230 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 $148.78. 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. All The interior flooring, ceilings and walls are damaged and will need repair. There is extensive interior damage from water. 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 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 raze order for this structure. SEE ATTACHED PHOTOS .7 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 56. INITIALINSPECTION DATE April 8. 2008 WARD 1 ADDRESS OF INSPECTION 3285 N 10' St (Garage) OWNER Albert M. & Zoe Jenkins ADDRESS 4495 Park CITY/STATE (05) APPRAISAL VALUE Land Value 3570 Improvement Value 32200 Total Value 35770 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 $785.95. MAJOR CODE VIOLATIONS: The roof on this garage has extensive deterioration. The rear portion of the prage is collapsing There is extensive water damage to the interior. Based on the extensive repairs SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT INITIAL INSPECTION DATE February 19, 2008 WARD ADDRESS OF INSPECTION 2195 Terrell Avenue and Garage 3 OWNER Louise Simmons ET AL c/o Pearly McCall ADDRESS 2604 Ironside Dr CITY/STATE Las Vegas, NV 89108-4463 APPRAISAL VALUE Land Value 2000 Improvement Value 23090 Total Value 25090 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 57. 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 damaged or rotten windows and window sills need replacing. The exterior doors need to be replaced. deterioration. Attempts have been made to repair the foundation but they are not to code. The interior flooring, ceilings and walls are damaged and will need repair. 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 inspection was viewed through the windows. 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 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 58 • INITIAL INSPECTION DATE November 26, 2008 WARD 3 ADDRESS OF INSPECTION 2565 Texas and Auxiliary Structure OWNER Helen Wagner ADDRESS 1780 Harriot CITY/STATE (05)-1937 APPRAISAL VALUE Land Value 600 Improvement Value 1100 Total Value 1700 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 $59.81. MAJOR CODE VIOLATIONS: The roof on these structures have extensive deterioration and new shingles will be needed Some shingles are missing The rafters and fascia boards are rotted. There is extensive water flooring, ceilings and walls are damaged and will need repair. There is extensive interior damage from water. Al damaged electrical wiring and electrical rutures 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 SUBSTANDARD BUILDING INSPECTION REPORT 0 INITIAL INSPECTION DATE BUILDING CODES DIVISION CITY OF BEAUMONT June 22, 2007 WARD ADDRESS OF INSPECTION 985-87 3'd St. OWNER Carlos Rostro ADDRESS 985 N. 3rd St. CITY/STATE (01)-1656 APPRAISAL VALUE Land Value 15810 Improvement Value 53310 Total Value 69120 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 $6,202.99. 59. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed Some shingles are missing The rafters and fascia boards are rotted. There is extensive water damage to the interior. The steps to the second floor are deteriorated. There is extensive termite damage that vas not noted on prior inspection The exterior siding is damaged. Attempts to repair the foundation have been made but are incomplete and will not meet code. The foundation is sagging. New owner has never enrolled in a work program and filled out CA for historic district. A Stop Work Order was issued 10/9/08. The interior flooring, ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced Plumbing was being done by owner and not licensed plumber with permits. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 60 - INITIAL INSPECTION DATE August 4, 2008 WARD 4 ADDRESS OF INSPECTION 695 Threadneedle (Garage) OWNER Gloria Andrepoint ADDRESS 695 Threadneedle CITY/STATE (05)-2417 APPRAISAL VALUE Land Value 2450 Improvement Value 24770 Total Value 27220 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 Rork Repair Program? YES NO X E. DELINQUENT TAXES ARE DUE IN THE AMOUNT OF $7,37.01. MAJOR CODE VIOLATIONS: The metal roof on this garage has extensive rust. The rafters and fascia boards are rotted There is extensive water damage to the interior. The exterior doors are missing. The repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 61. INITIAL INSPECTION DATE February 28, 2008 WARD 4 ADDRESS OF INSPECTION 1835 Threadneedle OWNER John Rubin ESTATE do B A Moore & B J Granger ADDRESS 3760 Robinson CITY/STATE (08)-4625 APPRAISAL VALUE Land Value 1600 Improvement Value 10850 Total Value 12450 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 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 damaged or rotten windows and window sills need replacing. The exterior doors need replacing. The and walls are damaged and will need repair. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 62. INITIAL INSPECTION DATE April 16, 2008 WARD 3 ADDRESS OF INSPECTION 1811 Tilson (Metal Shed OWNER Sherman & Sherman Inc. ADDRESS P O Box 20656 CITY/STATE (20)-656 APPRAISAL VALUE Land Value 1220 Improvement Value 200 Total Value 1420 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 $49.98. MAJOR CODE VIOLATIONS: The metal roof on this shed is loose and covered with vegetation. The exterior doors are missing. 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 9 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 63. 0 CITY OF BEAUMONT INITIAL INSPECTION DATE January 14, 2008 WARD 3 ADDRESS OF INSPECTION 1140 Van Buren and Garage OWNER Jack C. Orebo ADDRESS 1140 Van Buren CITY/STATE (01)-7423 APPRAISAL VALUE Land Value 2210 Improvement Value 11800 Total Value 14010 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 $442.83. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated. There is water damage to the interior. All damaged or rotten windows and window sills need replacing. The windows are boarded over. and will need reuair. The interior 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. The yard is very overgrown. There is a dilapidated garage on the property also. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 64 - INITIAL INSPECTION DATE January 9, 2008 WARD 3 ADDRESS OF INSPECTION 1410 Van Buren OWNER Versey Mary Richard ADDRESS 4175 Mouton CITY/STATE (05)-3135 APPRAISAL VALUE Land Value 1470 Improvement Value 26110 Total Value 27580 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 $970.17. MAJOR CODE VIOLATIONS: This structure's 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 is concealing deterioration. The foundation has extensive deterioration. The interior flooring, ceilings and walls are damaged and will need repair. The ceilings are falling in due to extensive water 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 yard is very overgrown. The backyard is like a jungle. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 65. INITIAL INSPECTION DATE January 9, 2008 WARD 3 ADDRESS OF INSPECTION 1420 Van Buren OWNER Arthur A Johnson, Jr. ADDRESS 1420 Van Buren CITY/STATE (01)-7530 APPRAISAL VALUE Land Value 1470 Improvement Value 16880 Total Value 18350 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'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 front and back porches have extensive deterioration. All damaged or rotten windows and window sills need deterioration. The interior flooring. ceilings and walls are damaged and will need repair. The ceilings are falling in due to extensive water damage. The interior is 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 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE August 27, 2008 WARD 3 ADDRESS OF INSPECTION 1665 Victoria (Garage) OWNER Augustus E Bossette ESTATE ADDRESS 1665 Victoria CITY/STATE (01)-5327 APPRAISAL VALUE Land Value 3450 Improvement Value 23810 Total Value 27260 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 $3,996.22. MAJOR CODE VIOLATIONS: The roof on this garage has extensive deterioration and new shingles will be needed The structure is about to collapse There is extensive water damage to the interior. The exterior SEE ATTACHED PHOTOS 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 67 - INITIAL INSPECTION DATE February 6, 2008 WARD 3 ADDRESS OF INSPECTION 2830 Victoria (Garage) OWNER Loc Phuoc Nguyen ET UX ADDRESS 2830 Victoria CITY/STATE (01), 8439 APPRAISAL VALUE Land Value 3750 Improvement Value 34660 Total Value 38410 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 $8,023.57. MAJOR CODE VIOLATIONS: The roof on this garage has extensive deterioration. There are holes throughout and vegetation is covering the roof. The exterior doors are damaged. The structure is in danger SEE ATTACHED PHOTOS • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 68 - INITIAL INSPECTION DATE January 16, 2008 WARD 4 ADDRESS OF INSPECTION 805 W Virr2inia OWNER Juan Garcia Jr. ET UX ADDRESS 575 Carnahan PI CITY/STATE (07)-1611 APPRAISAL VALUE Land Value 2450 Improvement Value 17790 Total Value 20240 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 $2,885.64. 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. All damaged or rotten windows and window sills need replacing. The front land back porches are deteriorated The steps are missing in the front. The exterior siding is deteriorated and needs painting. There is termite damage. The foundation is sagging and is touching the ground in the rear. The interior flooring, ceilings and walls are damaged and will need repair. 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. 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 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 69' INITIAL INSPECTION DATE January 7, 2009 WARD 3 ADDRESS OF INSPECTION 2818 Waco OWNER Charles Frederick Domingue ADDRESS 335 Anchor Way CITY/STATE League City, Tx. 77573-9221 APPRAISAL VALUE Land Value 1960 Improvement Value 23560 Total Value 25520 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 X NO 01/14/09 thru 06/14/09 MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed Some shingles are missing The rafters and fascia boards are rotted. There is extensive water damage to the interior. All damaged or rotten windows and window sills will need to be replaced. There are are missing The back door needs to be replaced Attempt to repair the foundation has been made but will not meet code. The foundation is sagging, The interior flooring, ceilings and walls are damaged and will need repair. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced Owner enrolled in a work repair program but never purchased repair permit Based on the extensive repairs needed in this structure and the fact that these repairs will exceed aver 50% of its appraised value. staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION Is CITY OF BEAUMONT 70- INITIAL INSPECTION DATE April 13, 2009 WARD 3 ADDRESS OF INSPECTION 4095 Willie Mae (Rear Garage) OWNER Emmers Montague ADDRESS 4095 Willie Mae St. CITY/STATE (03)-3109 APPRAISAL VALUE Land Value 3610 Improvement Value 20600 Total Value 24210 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 $185.78. MAJOR CODE VIOLATIONS: The roof on this garage has extensive deterioration. There are holes in the roof and a portion is falling in The rafters and fascia boards are rotted. There is extensive water damage to the interior. The exterior doors are damaged. There is possible termite damage. Based on the extensive staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • WORKSESSION * Review and discuss the proposed FY 2010 Budget * Review and discuss the proposed FY 2010 Capital Program * Review and discuss the proposed 2009 (FY 2010) Tax Rate PUBLIC HEARING * Receive comments on the proposed FY 2010 Budget and proposed FY 2010 Capital Program RICH WITH OPPORTUNITY 1111E6A111M0N* T • E • x • A • s City Council Agenda Item TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: RECOMMENDATION City Council Kyle Hayes, City Manager Laura H. Clark, Chief Financial Officer August 25, 2009 Council to hold a joint public hearing on the proposed FY 2010 Budget and proposed 2010 Capital Program. Administration recommends that Council hold a joint public hearing, as scheduled, on the proposed FY 2010 Budget and the proposed 2010 Capital Program. BACKGROUND The proposed FY 2010 Budget was submitted to Council on August 13, 2009. The proposed 2010 Capital Program was originally submitted on May 15, 2009. On August 13, 2009, the proposed 2010 Capital Program was submitted with revisions. The notice of the public hearing on the Budget and Capital Program was published August 18, 2009. BUDGETARY IMPACT The proposed FY 2010 Budget appropriation for all funds, net of contingency, totals $218,860,559. PUBLIC HEARING * Receive comments on the proposed 2009 (FY 20 10) Tax Rate RICH WITH OPPORTUNITY BEA,UMON* T- E- R- A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura H. Clark, Chief Financial Officer August 25, 2009 REQUESTED ACTION: Council to hold a public hearing on the proposed 2009 (FY 2010) Tax Rate. RECOMMENDATION Administration recommends that Council hold a public hearing, as scheduled, on the proposed 2009 (FY 2010) Tax Rate of $0.6400. In accordance with the Property Tax Code, the Council must make the following announcement: The meeting to vote on the tax rate will be held on September 22, 2009 at 1:30 p.m. in the Beaumont Civic Center. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower of the effective tax rate or the roll back tax rate. A Notice of Public Hearing on Tax Increase is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was published in the newspaper, on the website and on the cable 4 channel on August 18, 2009, regarding the proposal to increase total tax revenue from properties on the tax roll by 3.55%. Although the proposed tax rate is remaining the same, the increase is mostly related to new property added to the tax roll this year. BUDGETARY IMPACT Applying the proposed tax rate of $.6400 and a 97% collection rate, budgeted revenues of $28,003,000 and $12,703,000 respectively to the General and Debt Service Funds are anticipated. The total rate of $0.6400 is apportioned $0.440277/$100 assessed valuation to the General Fund and $0.199723/$100 assessed valuation toward the Debt Service Fund.