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Home My WebLink AboutPACKET OCT 22 2019BEAUMONT - T'E X AS, REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 22, 2019 1:30 PM CONSENT AGENDA Approval of minutes — October 15, 2019 Confirmation of board and commission member appointments The following citizens would be appointed to the Community Development Advisory Committee. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Norma Sampson David Mulcahy Pat Anderson Scott Knowles Walt Wendler Kevin Roy Charles Shajari Dr. Crystal Colbert Appointed By Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Randy Feldschau Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Taylor Neild Councilmember Robin Mouton The following citizens would be appointed to the Convention and Tourism Advisory Board. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Frank Messina Ann Rothkamm Ava Graves Cynthia Hernandez Jake Tortorice Robert Calvert Roy West Cheryl Guillory Appointed By Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Taylor Neild Councilmember Robin Mouton The following citizens would be appointed to the Historic Landmark Commission. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Appointed By Paula Blazek Councilmember W.L. Pate, Jr. Hester Bell Councilmember Randy Feldschau Terry Hallemann Councilmember Taylor Neild The following citizens would be appointed to the Library Commission. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Appointed By Dora Nisby Councilmember Taylor Neild Larue Smith Councilmember Robin Mouton The following citizens would be appointed to the Parks and Recreation Advisory Committee. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Laurie Leister Barbara White Austin Williams Steve McGrade Jason Wade Apodaca Vivian Todd John Neil Shannon Mire Appointed By Mayor Becky Ames Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Taylor Neild Councilmember Robin Mouton The following citizens would be appointed to the Planning and Zoning Commission. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Lynda Kay Makin Roy Steinhagen Tom Noyola Taher Quraishi M.S. Shawn Javed Appointed By Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Robin Mouton The following citizens would be appointed to the Police Department Community Advisory Committee. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Rev. Dwight Benoit Sandra Womack Jesus Abrego Roy Steinhagen Jon Reaud Alma Hodge Rodney Robichau Jonathan Owens Rev. Vernon Tubbs M.S. Shawn Javed Appointed By Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Taylor Neild Councilmember Robin Mouton Councilmember Robin Mouton A) Approve the purchase of two vehicles for use in the Fire Department B) Approve the renewal of an annual maintenance agreement with Tyler Technologies for software support used in Municipal Court C) Approve a payment of dues to the South East Texas Regional Planning Commission for Fiscal Year 2020 D) Authorize the City Manager to apply for and receive a grant for financial education materials to be used in the Library System E) Authorize the City Manager to execute an agreement with Uniti Fiber for the placement of fiber optic cable in public rights-of-way F) Authorize the acceptance of a License to Encroach Agreement with Danny Fruge G) Authorize the acceptance of a License to Encroach Agreement with Donna Pairsh H) Authorize the settlement of the lawsuit styled Hermelinda Urieta v. City of Beaumont; Cause No. A-203,879 I) Approve the reappointment of Paula Blazek to the Civil Service Commission RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning of Norma Sampson Community Development Advisory Committee David Mulcahy Community Development Advisory Committee Pat Anderson Community Development Advisory Committee Scott Knowles Community Development Advisory Committee Walt Wend ler Community Development Advisory Committee Kevin Roy Community Development Advisory Committee Charles Shajari Community Development Advisory Committee Term 10/22/2019 10/22/2019 10/22/2019 10/22/2019 10/22/2019 10/22/2019 10/22/2019 Expiration of Term 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 Dr. Crystal Colbert Community 10/22/2019 09/30/2021 Development Advisory Committee Frank Messina Convention and 10/22/2019 09/30/2021 Tourism Advisory Board Ann Rothkamm Convention and 10/22/2019 09/30/2021 Tourism Advisory Board Ava Graves Convention and 10/22/2019 09/30/2021 Tourism Advisory Board Cynthia Hernandez Convention and 10/22/2019 09/30/2021 Tourism Advisory Board Jake Tortorice Convention and 10/22/2019 09/30/2021 Tourism Advisory Board Robert Calvert Convention and 10/22/2019 09/30/2021 Tourism Advisory Board Roy West Convention and 10/22/2019 09/30/2021 Tourism Advisory Board Cheryl Guillory Convention and 10/22/2019 09/30/2021 Tourism Advisory Board Paula Blazek Historic Landmark 10/22/2019 09/30/2021 Commission Hester Bell Historic Landmark 10/22/2019 09/30/2021 Commission Terry Hallemann Historic Landmark 10/22/2019 09/30/2021 Commission Dora Nisby Library Commission 10/22/2019 Larue Smith Library Commission 10/22/2019 Laurie Leister Parks and 10/22/2019 Recreation Advisory Committee Barbara White Parks and 10/22/2019 Recreation Advisory Committee Austin Williams Parks and 10/22/2019 Recreation Advisory Committee Steve McGrade Parks and 10/22/2019 Recreation Advisory Committee Jason Wade Parks and 10/22/2019 Apodaca Recreation Advisory Committee Vivian Todd Parks and 10/22/2019 Recreation Advisory Committee John Neil Parks and 10/22/2019 Recreation Advisory Committee Shannon Mire Parks and 10/22/2019 Recreation Advisory Committee Lynda Kay Makin Planning and 10/22/2019 Zoning Commission 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 09/30/2021 Roy Steinhagen Planning and 10/22/2019 09/30/2021 Zoning Commission Tom Noyola Planning and 10/22/2019 09/30/2021 Zoning Commission Taher Quarshi Planning and 10/22/2019 09/30/2021 Zoning Commission M.S. Shawn Javed Planning and 10/22/2019 09/30/2021 Zoning Commission Rev. Dwight Benoit Police Department 10/22/2019 09/30/2021 Community Advisory Committee Sandra Womack Police Department 10/22/2019 09/30/2021 Community Advisory Committee Jesus Abrego Police Department 10/22/2019 09/30/2021 Community Advisory Committee Roy Steinhagen Police Department 10/22/2019 09/30/2021 Community Advisory Committee Jon Reaud Police Department 10/22/2019 09/30/2021 Community Advisory Committee Alma Hodge Police Department 10/22/2019 09/30/2021 Community Advisory Committee Rodney Robichau Police Department 10/22/2019 09/30/2021 Community Advisory Committee Jonathan Owens Rev. Vernon Tubbs M.S. Shawn Javed Police Department Community Advisory Committee Police Department Community Advisory Committee Police Department Community Advisory Committee 10/22/2019 10/22/2019 10/22/2019 09/30/2021 09/30/2021 09/30/2021 The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED.RY: Todd Simoneaux, Chief Financial Officer i MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of two vehicles for use in the Fire Department. BACKGROUND Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. Two Chevy Tahoes will be purchased to replace a 2005 and 2009 Chevy Suburban. The vehicles being replaced will be disposed of in accordance with the City's surplus equipment policy. The vehicles will be purchased from Lake Country Chevrolet, of Jasper, Texas in the amount of $68,940.26. Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. Purchase of Fleet Vehicles from Lake County Chevrolet of Jasper, Tx. October 22, 2019 Page 1 ITEM DEPT. OR DIVISION DESCRIPTION QTY. TOTAL PRICE 1 Fire Dept/Operations Chevrolet Tahoe PPV 2 $68,640.26 BUYBOARD FEE $300.00 TOTAL 2 $68,940.26 RESOLUTION NO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two (2) vehicles for use by the Fire Department from Lake Country Chevrolet, of Jasper, Texas, in the amount of $68,940.26 through the GoodBuy Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - r;l BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider approving the renewal of an annual maintenance agreement with Tyler Technologies for software support used in Municipal Court. BACKGROUND Tyler Technologies' Incode court software is used by Municipal Court to maintain records for case management software and to process all court transactions including citations, arraignments, warrants, jury management, and payments. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. This agreement in the amount of $65,000 is for an annual period beginning October 1, 2019. FUNDING SOURCE Municipal Court Technology Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $65,000.00 to Tyler Technologies for the renewal of an annual maintenance agreement for Municipal Court Incode software support beginning October 1, 2019. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - C BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution approving a payment of dues to the South East Texas Regional Planning Commission (SETRPC) in the amount of $43,233.92 for Fiscal Year 2020. BACKGROUND.` The SETRPC..was established in June of 1970 under enabling legislation as a voluntary association of local governments. Its purpose is to encourage and permit local governments to join and cooperate with one another to improve the health and safety of their citizens, to plan for future development and transportation efforts, and to recognize the needs of agriculture, business and industry, among other things. The City of Beaumont supports the SETRPC and the community projects they perform. Some of the programs these dues will fund are the Criminal Justice Program; the Area Agency on Aging (AAA) Program; the Homeless Coalition; the Foster Grandparents Program (FGP); and the Retired Senior Volunteer Program (RSVP). FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the payment of fiscal year 2020 dues to the South East Texas Regional Planning Commission (SETRPC) in the amount of $43,233.92. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive a grant for financial education materials to be used in the Library System. BACKGROUND As Beaumont and surrounding areas recover from natural disasters, financial education becomes more important. FINRA, the Financial Industry Regulatory Authority, Inc., is offering $5,000 grants to purchase financial education materials to supplement library collections. The libraries will purchase relevant materials such as books, e -books, subscriptions, etc. There is no grant match. Grant length is one year. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funds in . the amount of $5,000.00 through the Financial Industry Regulatory Authority, Inc. (FINRA) Grant for the purchase of financial education materials for use by the Library System; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to apply for and accept funding through the Financial Industry Regulatory Authority, Inc. (FINRA) Grant in the amount of $5,000.00. - The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Uniti Fiber for the placement of fiber optic cable in public rights-of-way. .BACKGROUND Uniti Fiber is requesting to route 240,044 feet of fiber optic cable across the public rights-of-way of Lindbergh Drive, Maitland Street, Chamberlin Drive, South 11th Street, Washington Blvd., North Major Drive, Gladys Avenue, Dowlen Road, Wellington Place, Old Dowlen Road, Dowlen Road, Delaware Street, Caswell Road, Concord Road, Plant Road, Helbig Road, McHale Street, Bigner Road, East Lucas Drive, Dallas Avenue, Buffalo Avenue, Hayes Street, Detroit Avenue, Renaud Street, Gulf Street, Ashley Avenue, Ewing Street, Long Avenue, Lafin Drive, Pine Street, Broad Oak Street, Sherwood Drive, Piney Point Lane and Tram Road. FUNDING SOURCE Uniti Fiber will pay the City of Beaumont a fee in accordance with Chapter 283 of the Texas Local Government Code. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Public Right -of -Way Use Agreement with Uniti Fiber, of Mobile, Alabama, for the placement of 240,044 linear feet of fiber optic cable in the public right-of-way on Lindbergh Drive, Maitland Street, Chamberlin Drive, South 11th Street, Washington Blvd., North Major Drive, Gladys Avenue, Dowlen Road, Wellington Place, Old Dowlen Road, Dowlen Road, Delaware Street, Caswell Road, Concord Road, Plant Road, Helbig Road, McHale Street, Bigner Road, East Lucas Drive, Dallas Avenue, Buffalo Avenue, Hayes Street, Detroit Avenue Renaud Street, Gulf Street, Ashley Avenue, Ewing Street, Long Avenue, Lafin Drive, Pine Street, Broad Oak Street, Sherwood Drive, Piney Point Lane and Tram Road with a fee in accordance with Chapter 283 of the Texas Local Government Code. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Uniti Fiber desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the- City of Beaumont that Uniti Fiber must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with Uniti Fiber; and, NOW, THEREFOR; The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with Uniti Fiber that Uniti Fiber may lay, maintain, operate, replace or remove fiber optic and related appurtentant facilities used to provide telecommunications services, including dark fiber for the transportation of communications (the "system") in, on, under or across the streets, alleyways and easements situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out in the permit drawings and subject to the following conditions: (a) The system shall be installed in such a manner- as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Uniti Fiber or Uniti Fiber contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at a depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas 1 EXHIBIT "A" Department of Transportation, if applicable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent drainage ditch, when crossing or placed in said ditch. Uniti Fiber will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Ten Dollars ($10) plus Five Dollars ($5) for each day of construction. (c) The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, water lines, or other facilities. (d) The system shall be installed in such a manner as to provide a twelve (12) inch vertical clearance and a thirty-six (36) inch horizontal clearance with existing water or sanitary sewer lines. All excavations within the right-of-way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right- of-way. (f) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and Uniti Fiber shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (g) The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (h) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of the system. (i) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right-of-way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation on property which is not owned by the City of Beaumont. 0) Barricades, warning signs, lights, and flagmen will be provided and 2 installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition) by Uniti Fiber contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. Uniti Fiber or its contractor will provide supervision of the work which is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Uniti Fiber or its contractor of additional barricades, warning signs and lights or flagmen as be necessary. In the event Uniti Fiber or its contractor does not comply with the barricading standards, the City Engineer may order Uniti Fiber and its contractor to stop work; but only until compliance is achieved. (k) City reserves the right to lay and to permit to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Uniti Fiber for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Uniti Fiber rights to recover damages against any contractor or third parry who maybe responsible for damages to Uniti Fiber facilities. (1) If the City requires Uniti Fiber to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City, Uniti Fiber shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional charge to Uniti Fiber. If these requirements impose a financial hardship on Uniti Fiber, Uniti Fiber shall have the right to present alternative proposals for the City's consideration. If the City requires Uniti Fiber to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right-of-way, Uniti Fiber shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse Uniti Fiber for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of Uniti Fiber facilities; provided, however, the City shall never be liable for such reimbursements. (m) Uniti Fiber shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Uniti Fiber, except to the extent arising 3 from the sole negligence, or wanton conduct or gross negligence of the City of Beaumont, its employees or agents. Neither party shall be liable to the other for any consequential, special, or indirect damage hereunder. (n) If the system or any part thereof installed by Uniti Fiber shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Uniti Fiber shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage is occasioned by the City or such public agencies wanton conduct or gross negligence. However, nothing contained in this paragraph shall prevent Uniti Fiber from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (o) Recovery by Uniti Fiber for damages that occur to Uniti Fiber facilities, as a result of an adjoining residential homeowner's attempt to construct improvements ,to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by Uniti Fiber. (p) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such maintenance and operation shall 'be at Uniti Fiber expense. Such damages shall be limited to actual damages and no loss of revenue damages. (q) Uniti Fiber contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City, showing that the permittee has in force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten (10) days written advance notice to the City. (r) Uniti Fiber shall make payment to the City of Beaumont in accordance with Chapter 283 of the Texas Local Government Code. (s) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Uniti Fiber (except as provided in Paragraph k) shall be reimbursed to the City by Uniti Fiber upon written request therefore, which shall include evidence of such costs. (t) Uniti Fiber agrees that it shall mark the location of its system within rd seventy-two (72) hours after receipt of notification of proposed construction. Uniti Fiber maintains a toll-free telephone number to be called for location of the system. Should Uniti Fiber fail to locate the system for the City within seventy-two (72) hours of request duly acknowledged, Uniti Fiber shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice, Uniti Fiber audio tape of telephone messages shall provide proof of notification, which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to Uniti Fiber. (u) Uniti Fiber, at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided to the City within sixty (60) days after completion of the project. (v) This agreement may not be assigned by Uniti Fiber to any other company or legal entity without the prior written approval by the City of Beaumont's Public Works Director, except that Uniti Fiber may assign its rights and obligations under this agreement to Uniti Fiber's parent, subsidiary, affiliate or successor entity without such consent, so long as the parent, subsidiary, affiliate or successor (1) assumes all obligations of Uniti Fiber under this agreement; and (2) is bound to the same extent as Uniti Fiber, and (3) the City is notified of the assignment within sixty (60) days and is furnished a written document within which the assignee assumes all obligations under this license. Said consent by the City shall not be unreasonably withheld. (w) Should any other company or legal entity, other than Uniti Fiber or Uniti Fiber's parent, subsidiary, affiliate or successor as authorized in section (v), use the system installed under this agreement under the rights granted herein without notification of the City of Beaumont's Public Works Director, such use shall be a violation of this agreement and Uniti Fiber will cease all use of the system and the City may take steps necessary to enforce a cancellation of this agreement, including removal of some portion or all of the system upon thirty (30) days written notice to Uniti Fiber, its subsidiaries, affiliates or successors. The City shall give Uniti Fiber written notice of any violation of this agreement. I£ Uniti Fiber fails to correct such violations within sixty (60) days of such notice, this agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be affected either by personal delivery in writing or by registered or certified 5 mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Uniti Fiber Public Works Department Attn: Kelly A. McGriff PO Box 3827 107 St. Francis Street Suite 1800 Beaumont, Texas 77704 Mobile, AL 36602 (409) 880-3725 (251) 979-7033 / kelly.mcgiff@uniti.com NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW: The above -stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by Uniti Fiber after the date of this agreement shall be construed as evidence of Uniti Fiber acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, including, but not limited to Chapter 283 of the Texas Government Code. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. {INTENTIONALLY LEFT BLANK} 0 IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this ATTEST: City Clerk ATTEST: day of 52019. 7 CITY OF BEAUMONT to Kyle Hayes, City Manager UNITI FIBER By: Kelly A. McGriff Title: Vice President & Dept. General Counsel F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a License to Encroach Agreement with Danny Fruge. BACKGROUND There is one (1) existing structure located at 4849 Lafin Road encroaching 20.09' onto city -owned property located at 4955 Lafin Road. Danny Fruge's property is identified as JCAD Property ID # 44258. The request from Danny Fruge was submitted to all city departments and utility companies with no objections. The City Utilities and Public Works Departments approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structure if the sewer mains should ever develop a cavity or due to any. repairs to the City mains by City crews or contractor crews hired by the City. In addition, the City of Beaumont will not be responsible for any damages to the structure if the drainage system should ever develop a cavity or due to any repairs to the City drainage system by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the structure within city -owned property. The License Agreement protects the City from liability and provides a thirty (3 0) day cancellation clause. FUNDING SOURCE There is a one-time non-refundable fee of $500 from Danny Fruge for the License to Encroach. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Danny Fruge has requested that the City of Beaumont grant a License to Encroach twenty and nine hundredths feet (20.09') into a City right-of-way, which is described as being a 1.55 acre tract out of the J.W. Bullock Survey, Abstract No. 7 (Property ID #44258 — 4849 Lafin Road) onto City -owned property located at 4955 Lafin Road, to the City of Beaumont. The encroachment being one (1) existing structure encroaching 20.09' into the City right-of-way, as described in Exhibit -"1" and shown on Exhibit "2," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Danny Fruge to encroach twenty and nine hundredths feet (20.09') into a City right-of-way, which encroachment is described as being a .55 acre tract out of the J.W. Bullock Survey, Abstract No. 7 (Property ID #44258 — 4849 Lafin Road) onto City - owned property located at 4955 Lafin Road, to the City of Beaumont. The encroachment being one (1) existing structure encroaching 20.09' into the City right-of-way, as described in Exhibit "1" and shown on Exhibit "2," attached hereto and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames — LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, -Jefferson County, Texas, herein called "Licensor" and Danny Fruge, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Said encroachment of one structure overlapping 20.09' being a 1.55 acre tract out of the J.W. Bullock Survey, Abstract No. 7 (Property ID# 44258 — 4849 Lafin Road) onto city -owned property located at 4955 Lafm Road. Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental; purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Page 1 of 4 Exhibit 1 Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be 'required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either parry by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Page 2 of 4 Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Properly Owner at 328 CR 142, Jasper, Texas 75951. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2019. LICENSOR: CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE: By: Danny Fruge {INTENTIALLY LEFT BLANK} Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2019, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2019, by Danny Fruge. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Page 4 of 4 Notary Public, State of Texas ............. MAa-A- -�z IC1}a I4. • Dtx. uo'ama m'^ �_ a - . F-k 9E TpH �0 T""�.: y I F 1 �� L �� c",r Ww)�, "�' / ,..- �'i7�Ee>jrAi (r� t•� ��1kyAf .Y55'�r�^��'' '�, -i - �, >_1e• - _ - '�3D•- _ �iC��i �� 4, �} t'o1 + �+,f j I •� <, � FNDxoD srsE-w xass Lt'!1., - 1Fxp P an.15.e yds- Y�' 1 y� f a";.' tla �•.t? ' '---�'_'` m.-IFi B "°�'T'm•v�C� ". 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S4i:1; a5 36_ <7 FSI :'60:5 1 — — — –� — I w QW -4a 14,12--lZ �-1 LiCA,W-L 700 KURL44 -5 F I RQD T", 760 , �D' TRId'` � � .. - . 4?Q fi f r/ JACK :I DET r`�L t7L° 31 11 M .:a cv ' ;fir" sirr - rl G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a License to Encroach Agreement with Donna Pairsh. BACKGROUND There is one (1) existing structure located at 4849 Lafin Road encroaching 13' onto city -owned . property located at 4955 Lafin Road. Donna Pairsh's property is identified as JCAD Property ID # 240303. The request from Donna Pairsh was submitted to all city departments and utility companies with no objections. The City Utilities and Public Works Departments approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damages to the structure if the sewer mains should ever develop a cavity or due to any. repairs to the City mains by. City crews or contractor crews hired by the. City. In addition,. the City. of Beaumont will not be responsible for any damages to the structure if the drainage system should ever develop a cavity or due to any repairs to the City drainage system by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of -the structure within city -owned property. The License Agreement protects the City from liability and provides a thirty (3 0) day cancellation clause. FUNDING SOURCE There is a one-time non-refundable fee of $500 from Donna Pairsh for the License to Encroach. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Donna Pairsh has requested that the City of Beaumont grant a License to Encroach thirteen feet (13') into a City right-of-way, which is described as being a 0.12 acre tract out of the J.W. Bullock Survey, Abstract No. 7 (Property ID #240303 — 4849 Lafin Road) onto City -owned property located at 4955 Lafin Road, to the City of Beaumont. The encroachment being one (1) existing structure encroaching 13' into the City right-of-way, as described in Exhibit "1" and shown on Exhibit "2," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Donna Pairsh to encroach thirteen foot (13') into a City right-of-way, which encroachment is described as being a 0.12 acre tract out of the J.W. Bullock Survey, Abstract No. 7 (Property ID #240303 — 4849 Lafin Road) onto City -owned property located at 4955 Lafin Road, to the City of Beaumont. The encroachment being one (1) existing structures encroaching 13' into the City right-of-way, as described in Exhibit "1" and shown on Exhibit "2," attached hereto and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. �. - Mayor Becky Ames — LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Donna Pairsh, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Said encroachment of one structure overlapping 13' being a 0.12 acre tract out of the J.W. Bullock Survey, Abstract No. 7 (Property ID# 240303 — 4849 Lafin Road) onto city -owned property located at 4955 Lafin Road. Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Page 1 of 4 Exhibit 1 Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures if the sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Page 2 of 4 Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 7470 Prestwick Circle, Beaumont, Texas 77707. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2019. LICENSOR: CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE: in Donna Pairsh {INTENTIALLY LEFT BLANK} Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2019, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2019, by Donna Pairsh. FISTAIFF"MV03 City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of 4 ct C, k � EXHIBIT 6 5 CALLED 09804 ACRES CARY L SRTON VOL 2308, PC. 329 DRJC / lJEEAL \ •-OAl�UL LUT 11NE BURDINC . n SOS 1 kR-=—ttr=—arm-�u� Yng DETAIL •B" ORCINOL LOT UNE T ROAMERDF 1 ' 1 CALLED 6.107 ACRES X YELLOW FREIGHT SYSTEM, INC. VOL 2.3URIC C. 320 LT rF rt �rt,"'''r«. J �,:,.,... a.,.''i �A i+�• ,d ��fND'S/6'LRDO �"i• �'�.1�'t" 5�� -... '�. 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Cooper, City Attorney MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Hermelinda Urieta v. City of Beaumont; Cause No. A-203,879. BACKGROUND The lawsuit styled Hermelinda Urieta v. City of Beaumont; Cause No. A-203,879 was presented and discussed in Executive Session held on October 15, 2019. The City Attorney is requesting authority to settle this suit in the amount of $13,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Hermelinda Urieta v. City of Beaumont; Cause No. A-203,879, was discussed in Executive Session properly called and held Tuesday, October 15, 2019; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the matter of Hermelinda Urieta in the lawsuit styled Hermelinda Urieta v. City of Beaumont; Cause No. A-203,879, for the sum of Thirteen Thousand and XX/100 Dollars ($13,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - 1 BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Chris Catalina, Personnel Director October 22, 2019 REQUESTED ACTION: Council consider a resolution approving the reappointment of Paula Blazek to the Civil Service Commission. BACKGROUND The Civil Service Commission consists of three members appointed by the City Manager. In accordance with Section 143.006 of the Local Government Code, a Commission member can be reappointed by the City Manager for more than a third consecutive term upon confirmation by a two-thirds majority of the municipality's governing body. Ms. Blazek has served three consecutive terms. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointment be made: Reappointment Commission Beginning Expiration of Term of Term Paula Blazek Civil Service Commission 11/01/2019 10/31/2022 The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - REAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 22, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions — Downtown Beaumont Cultural Arts District Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda . * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance accepting the 2019 Certified Tax Roll (FY 2020) 2. Consider a resolution approving the purchase of 32 vehicles for use by various City departments 3. Consider a resolution authorizing the City Manager to execute a contract with Allco, Ltd. for the Emergency Wastewater Treatment Plant Bar Screen Replacement Project 4. Consider a resolution authorizing the City Manager to award a contract to Gulf Coast (a CRH Company) for the Old Dowlen Road Asphalt Resurfacing Project 5. Consider a resolution authorizing the City Manager to execute Change Order No. 3, accept maintenance and authorize a final payment for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project 6. Consider a resolution authorizing the City Manager to purchase 284 phones for the Police Department 7. Consider an ordinance granting a new solid waste franchise agreement with Superior Waste Solutions, LLC COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 October 22, 2019 Consider an ordinance accepting the 2019 Certified Tax Roll (FY 2020) BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer` -/V MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider an ordinance accepting the 2019 Certified Tax Roll (FY 2020). BACKGROUND The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 19, 2019, in the amount of $7,669,216,149. On September 17, 2019, the Council approved an ordinance to accept the appraised roll and established the property tax rate for the tax year 2019 (FY 2020). As required by Section 26.09 of the Tax Code: The tax assessor for a taxing unit shall calculate the tax imposed on each property included on the appraisal roll for the unit and send a Certified Tax Roll to the unit to be approved by Council. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED TAX ROLL SUMMARY FOR THE TAX YEAR 2019 (FISCAL YEAR 2020); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL WHEREAS, the Jefferson County Tax Assessor -Collector has furnished to the City of Beaumont the certified tax roll summary for the City of Beaumont to be $7,669,216,149; and, WHEREAS, the City Council finds that the tax roll summary submitted by the Jefferson County Tax Assessor -Collector should be accepted for the tax year 2019 (FY 2020); NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the tax roll summary submitted to the City Council by the Jefferson County Tax Assessor -Collector, attached as Exhibit 'A" and showing the total net taxable assessed value of all property within the City to be $7,669,216,149 is hereby approved and accepted by the City of Beaumont. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - ALLISON NATHAN GETZ TAX ASSESSOR -COLLECTOR October 8, 2019 Todd Simoneaux City of Beaumont P O Box 3827 Beaumont, TX 77704 Dear Mr. Simoneaux: TERRY WUENSCHEL CHIEF DEPUTY Attached is the 2019 Certified Tax Roll Summary. Pursuant to the Texas Property Tax Code, Section 26.09, this certified tax roll summary should be approved by your Council at your next City Council Meeting. After the approval, please return your resolution for retention in the Tax Office. If you should have any questions or require further information, please feel free to call. Sincerely, &bc &4 ALLISON NATHAN GETZ, PCC Assessor -Collector of Taxes Jefferson County, Texas ANG:ce Attachment cc: Kyle Hayes grandrepAr JEFFERSON COUNTY COURTHOUSE • P.O. BOX 2112 • BEAUMONT, TEXAS 77704-2112 PHONE: (409)835-8516 • FAX: (409)835-8589 EXHIBIT "A" 10!03%4019`07335 am i6502_jutis sumtriary.rep vl.12. Request Seq.:.331179.1 Jurisdietion: Total Parcels:. b4arkee Value: AC'Exclusion Count: Timber Exclusion Count: HS Capped Count: Assessed Value: Prorated-Exxv Count/Amt: 100% Exempt Vet Count/Amt:. Chdo Count/Amt: Pro Youth. Associations Count/Amt Prorated-Exxl Count/Amt. Pro Misc Exempts Count/Amt: Pro Schools Count/Amt State Homestead Count: Local homestead Count: State Over 65 Count: Local Over 65 Count; Surviving'Spouse Count: State 'D ' isabled Count: Local isabled Count: 'TotalVET Count: .+VET Surviving Spouse Count: •included:in the Total VET Count/Amt Partial EAempt Values: Taxable.Value:. Total Levy. Amt Late AG Penalty. Count- Late ount Late Rendition Penalty Count: Frozen Account Count: Frozen Homesite Value: Frozen Taaable'Value: .Unfrozen Levy Amt: Frozen Levy Amt: Frozen Levy Loss Amt: Total,N.on=Exempt Parcel Count: 172?95,212 7,669;216;149 54.499,16334 '- Late AC Penalty Amt: 1;058.14 1,484 Late Rendition Penalty Amt: 46;638:79 0 0 0 0.00 0.00 0.00 65,171 0:0000000 17,500 .0 Page 13 of.39' Tax Collection System-.JEFFERSON"COUNTY Certified Roll Jurisdiction Summary Processilig For Tax Yeai• 20'I9 County Code: ALL Tax Unit: ALL 21 C[TY OF BEAUMONT 65,171 Tax. Rate: 0.7.100000 9;294,896,081 State Ilom: 0 Opt Flom: State 065: 0 Optisa Disabled' 17,500 Opt -Disabled: 134 AG Exclusion.Amt: 42,706,750 72 Timber`Exclusion Amt- 4,022,390 1 04..8 HS Capped Amt: 4,332 266 9243,834.669 3;575, 1,21.0,026;687 AbatementCount/.kmt:. 3 111,43 319 41?.13,501 Pollution ControlCounUAinn. ,100 3 711,460 34 1,581,090 Pro Charitable Functions Count/Amt: 6 1.181,940 16 7,432,100 Low Income Housing Count/Amt: 2 2,892,810 - 3 2,277,650 Goods In Transit Count/Amt; 1 1,88Q,880 99 3,073,250 Hb366CouaUAmt: 56' 15;290 44 18,601,550 21,273 State Homestead Amt: 0 0 Local Homestead Amt; 0 0 State Over 65 Amt: 0 8,774 Local Over 65 -Amt: 149,701,832 53 Surviving Spouse Amt 875,000 0 State Disabled Amt: 0 104 Local Disabled Amt: 15,315,911 633 Total VET Amt: 6,402,469 14 ;VET Surviving Spouse Amt: 135,500 172?95,212 7,669;216;149 54.499,16334 '- Late AC Penalty Amt: 1;058.14 1,484 Late Rendition Penalty Amt: 46;638:79 0 0 0 0.00 0.00 0.00 65,171 0:0000000 17,500 .0 Page 13 of.39' 2 October 22, 2019 Consider a resolution approving the purchase of 32 vehicles for use by various City departments BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution approving the purchase of,32 vehicles for use by various City departments. BACKGROUND Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 2005 to 2016, except one Ford F-150 truck that will be an addition to the City's Streets and Drainage fleet for use by the new Hot Shot Crew. The vehicles being replaced will be disposed of in accordance with the City's surplus equipment policy. The vehicles will be purchased from Silsbee Ford in the amount of $1,325,673.18. Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. FUNDING SOURCE Capital Reserve Fund ($1,109,564.76), Water Utilities Fund ($216,108.42). RECOMMENDATION Approval of the resolution. Purchase of Fleet Vehicles October 22, 2019 Page 1 ITEM DEPT. OR DIVISION DESCRIPTION QTY. TOTAL PRICE 1 EMS Chassis for new Ambulance box FORD F-450 1 $45,201.65 2 PD Field ops FORD F-150 CREW CAB 4DR/4WD 3 $119,399.25 3 PD Field ops FORD INTERCEPTOR VEHICLES 10 $374,231.50 4 PD Field ops FORD INTERCEPTOR VEHICLES 10 $349,381.50 5 Facilities Maintenance FORD F250 1 $38,265.40 6 Water Production FORD F350 XCAB, 4X4 1 $49,400.70 7 Streets & Drainage FORD F450 CREW MODEL 2 $121,042.86 8 Streets & Drainage FORD F750 Crew Cab.4x2 2 $166,707.72 9 Fire Dept Logistics FORD F150 Crew Cab 4dr, 4WD 1 $35,363.50 10 iStreets & Drainage I FORD F150 Crew Cab 4x2 1 $26,379.10 BUYBOARD FEE $300.00 TOTAL 32 $1,325,673.18 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of thirty-two (32) vehicles for use by various City departments from Silsbee Ford, of Silsbee, Texas, in the amount of $1,325,673.18 through the GoodBuy Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - 3 October 22, 2019 Consider a resolution authorizing the City Manager to execute a contract with Allco, Ltd. for the Emergency Wastewater Treatment Plant Bar Screen Replacement Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E.; Public Works Director MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract with Allco, Ltd. for the Emergency Wastewater Treatment Plant Bar Screen Replacement Project. BACKGROUND The Wastewater Treatment Plant is located at 4900 Lafin Road. The plant utilizes two (2) mechanical bar screen systems that remove large debris and, other materials at the entrance of the Plant. The. existing bar screen system was installed by Allco, Ltd., and has been in service since 2011. During Tropical Storm Imelda, both mechanical bar screens were damaged. Immediately after the storm, Allco removed the bar screens to assess the damage. Vision Equipment, .the original vendor of the screens, evaluated the screens and determined that they were damaged beyond repair. ` Water Utilities obtained two separate quotes from Allco. The first quote is for the emergency direct replacement of the mechanical bar screens for $90,603. The second quote is for the fabrication and installation of a temporary manual bar screen for $802,075. The temporary bar screen is required to minimize the potential damage to the pumps while the permanent screens are fabricated and installed. Initial discussions with the. Texas Division of Emergency Management (TDEM) and the Federal Emergency Management Agency (FEMA) indicated that the City must perform any emergency repairs to protect the public health and safety and to also prevent or limit any future damages to related equipment. Staff is working to meet all FEMA procurement requirements in order to remain eligible for reimbursement for these damages in the event a federal disaster declaration for public assistance is eventually declared. Contract documents were prepared by the Engineering Division. Execution of the contract with Allco, Ltd., in the estimated amount of $892,678.00 is recommended. FUNDING SOURCE Imelda Recovery Fund — Pending public assistance declaration for 90% reimbursement from FEMA. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City Wastewater Treatment Plant utilizes two (2) mechanical bar screen systems which are the first required stage of wastewater treatment; and, WHEREAS, both mechanical bar screens were damaged during Tropical Storm Imelda; and, WHEREAS, the Texas Division of Emergency Management (TDEM) and the Federal Emergency Management Agency (FEMA) have indicated that the City must perform any emergency repairs to protect the public health and safety and to also prevent or limit any future damages to related equipment; and, WHEREAS, the formal competitive procurement process would involve a protracted eight (8) week bidding and approval time period; and, WHEREAS, Allco, Ltd., has submitted two (2) quotes in the estimated total amount of $892,687.00 for the emergency direct replacement of the mechanical bar screens and the fabrication and installation of a temporary manual bar screen for the Emergency Wastewater Treatment Plant Bar Screen Replacement Project; and, WHEREAS, a contract with Allco, Ltd. in the estimated total amount of $892,678.00 is necessary for the Emergency Wastewater Treatment Plant Bar Screen Replacement Project; and, WHEREAS, the City Council finds that under the circumstances a procurement necessary to preserve or protect the public health or safety of the municipality is in the best interest of the citizens of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a contract with Allco, Ltd. in the estimated total amount of $892,678.00 for the Emergency Wastewater Treatment Plant Bar Screen Replacement Project; 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - F1 October 22, 2019 Consider a resolution authorizing the City Manager to award a contract to Gulf Coast (a CRH Company) for the Old Dowlen Road Asphalt Resurfacing Project BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 22, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Gulf Coast a CRH Company; of Beaumont, for the Old Dowlen Road Asphalt Resurfacing Project. BACKGROUND The project consists of the rehabilitation of the road by mixing the existing material with a cement treatment and then overlaying the new base with asphalt. On October 3, 2019, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in -the table. below: Contractor Location Base Bid Amount Gulf -Coast a CRH Company Beaumont, TX $295,779.00. Green Dream International, LLC Erie, PA $398,048.35 LD Construction Beaumont, TX $413,061.00 ALLCO, LLC. Beaumont, TX $585,854.00 Engineer's Estimate $287,169.26 The Public Works Engineering staff recommends this project be awarded to the, lowest bidder, Gulf Coast, in the amount of $295,779.00. A total of 45 working days are allocated for completion of the project. . FUNDING. SOURCE Capital Program — Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Old Dowlen Road Asphalt Resurfacing Project; and, WHEREAS, Gulf Coast a CRH Company, of Beaumont, Texas, submitted a complete bid meeting specifications in the amount of $295,779.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Gulf Coast a CRH Company, of Beaumont, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Gulf Coast a CRH Company, of Beaumont, Texas, in the amount of $295,779.00, for the Old Dowlen Road Asphalt Resurfacing Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Gulf Coast a CRH Company, of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - 5 October 22, 2019 Consider a resolution authorizing the City Manager to execute Change Order No. 3, accept maintenance and authorize a final payment for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: - Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 22, 2019 REQUESTED_: ACTION: Council consider a resolution authorizing the City Manager to . execute Change Order No. 3, accept maintenance and authorize final payment for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project. BACKGROUND On December 19, 2017, by Resolution No. 17-268, City Council awarded a contract to ALLCO, LLC, of Beaumont in the amount of $3,211,284.00, for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project. Previous Change Order Nos. 1-2, in the amount of $228,157.58, resulted in an increase to the original contract amount making the new contract amount$3,439,441.58. Change Order No. 3, in the amount of ($181,581.26), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion: of the project. The adjustment in quantities resulted in a final contract amount of $3,257,860.32. The project. has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 3, maintenance and final payment in the amount of $255,762.12 is recommended. FUNDING SOURCE Department of Transportation Federal Highway Administration in the amount of $2,569,027.20 and the remaining amount from the Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 18-1.80. WHEREAS, on December 19, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-268 pwarding a contract in the amount of $3,211,284.00 to Allco, L.L.C., of Beaumont, Texas, for the Dowlen Road (Hwy 69 Frontage Road to 1,300 ft. north of College Street) Project; and, WHEREAS, Change Order No. 1, in the amount of $225,727.53, is necessary to adjust the estimated quantities in the contract to accommodate additional concrete slab/base . repairs and curb repairs; building retaining walls; and, the addition of. sixty (60) calendar days, thereby increasing the contract amount to $3,437;011.53; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in. the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change . Order No. 1 for additional work described above, thereby increasing the contract amouht' by $225,727.53 for a total contract amount of $3,437,011.53 for the Dowlen Road (Hwy 69 Frontage Road to 1,300 ft. north of College Street) Project. The meeting at which this resolution was approved was -in all things conducted. in . strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2018. r May&r Becky Ames — i e CITY OF BEALMONT DATE: - ,A.SW20.2019 CSJ: 093078.139 HIGHWAY. DONYLENROAD FR03EC3! DOWLEN ROAD ACP R=RFACEPROJECTFROM HICHWAY 69TO COLLEGE SEE= COUNTY: JEFFERSON DWMCT 8FAUMONT ' CONTRACTNUMLER PVM 7-06 OWNER: CITYOFBEAUMONT CONTRACTORALLCO, LLC CHANGE ORDER WORK LIMITS: STA CD X TO STA U4.3(LIP TYPEOFCHANGE' MINOR CHANGE ORDER NO. 3.3TMOLL :.......� ....:::::::................ . ........ ......:.THEFOLLOWAIOCHA8OEB,ffi1'�PLARS'A1PD/OR 53+ECSICASf01Pe'AISE:B):868Y�SIADEi:.. :.:. Qw�iva-diwdl9m&dr..l&H csv�eab - Nem N4. Itm Code Dacivd- - UvR O i;hw Qme:YF N- QuavUy U,61 Mm Trail IG 6017 REMOVING CONCRETE .SY 96 70.35 s nm S 513. 03 6013 MEWALK REMOVING IDEWALKI•T06 .. SY 45 D.UD S -2D.O S 2 6003 DCRADE ID SUBORAD'eWlDFNNC EV CO 599 431659 S 22.00 3 693.2 162 6002 BLO DDIN - SY 4419 1800 . 3 4.00 S 10.676 166 - 6441 VZOETATNVEWATEMq 3 O.W S- 24600 S 1100 lM 351 6006 FLER03LEPAVEMLYTSM REPATR 1 N - 11 3 23459 S 101:00 S(59,361,741 623 6006 RETAMrNGWALL f=VC BLOM SF 300 0.00 S 21.00 T(7,200,00) 423 6009 RETAINOiO WAIL CIP. RENFOR® CLASS 12 SF - 0 -0.252 S 46.46 5 t.2.3 479 6002 -INLET FA 36 9.00 S 2,900.00 S r7g.300M 496 1002 STRucnmEmnsn FA 4' 1.00 S 600.00s 100 506 6056 TEMP SEDMT CONT FENCE ,ST LL LF 6792 7467.00 S 2.50 S t 506 6039 TEMP DMTCONTFENCE MO - LF 6792 3.007.0 S' - 0.61 S M02JU 329 - 6002 C N RB _ - LF 1045 931.00 S 1200 S 4365.00 511 6002 CONCSNEWAIXS S 3.5".29 329617' X 60.00 S 40921 531 6001 CO EWALXS 5 SY CM 0 60.00 5 4000 531 6004 C RB RAMPS n FA' 4.00 1.00 S 2300.00 S 160.00 531 6006 CURB RkMPS LTY 3 EA LW 0.0 - S 2.600.0 S 600.00 340 6010 MTLW-BEALt CD FEV ADIUST•MENT IF 124.D0 00D S . _ 3100 3 966. 661 6109 WKZNPAVMRKSHTTE3Ud AB W FA239M S.9T6.00 I S 0.13 S WHIM 666 6003 REFLPAVMRKTYI 4' - LF 39407 9694.00 1 S .050 S 35630 666 6100 AVMRKTYU4' LF - 3807 9139M '1 S ' 037 S 30829.16 666 612.1" REFL PAV bMrY 14• (SLDI 1F 9'245 7.604.0 I T 053 S 253 666 6100 REFLPAVMRX7YU4• SLD 9245 7790.0 S 037 3 5337666 6036 6100 REFLPAVMRKTYI3' SLD RFFL PAV MRK TY 0V t1i5 3115 6816.0 7135.0 5 1.17 S 1.625.73666 S 090 S 633.00666 6042 REFL PAV MRK 112• 3460 ] 2.6.0 S !230 3 1800.00666 6100' REFL AV MRK TY 012•(SLD - 34W 0.00 S MD S 490,M666 6072 REFLP VMRK TYI ARAO IOOMO. aTaGN 34 46.00 S 117.00 S 1.720.00666 PAV RD IOOA1 29 25.00 S '25500 S L030.00666 6099 REFLPAVMRXTYI Ii I00MU. 16 8.00 S 6600 S 544.00104. F417 REM N RN Y4'TD 845.04 ION17 S 40.00 S 7 910 6130 DORIIAA TY -0 SAGA PG7D•21 SURFACE 9533 10.07271 S107.00 S 4944043 070 6120 DRIVEWAYTRANST310NIVnETRAFF3 CONTROL-HMATYD TON 0 24.15 S 615.00 5 2.4.35213 340 6178 0-0RNAA TY-FPG6421LEYELUP TON 6392 6467.01' S 107.00 5 8.026.07 420 423 6431 6003 CLCCONC CO RETARMG WALL CTP. RENFORCED(CLASS Q 16')SF - EA 3 0 4.00 0.0003370 S "3MDO 3 500.00 S Mg S 0.03 464 529 6003 6021 RCP@E d 11 CONC CURB (DOWEL)1 LF 3 2400 10.00 7.096.00 S 75.0 S IS0.00 S 16.00 S 736.00 550 -531 6001 6010 RI AY CONCRETE CUR13 RAMPS - SY EA 16504 6 103917 7.00 S 123.0 3 23.653.73 1 S 'I.900.00 S 1900.00 TOTAL: -318138426 .. O.CALTS"AR RATS=L BE ADDBD TO TB=CHANOE ORDER ORIOMALCONTRALTAMOINT. 53111133.00 NET FROM PREVIOUS CHANCE ORDERS: 53.439A4136 TOTALAMOUNTOFTRIS CHANGEORDFIC 32.613/2.16 " PERCENT OFTHIS CHANCE ORDER �5 TOTAL PERCENT CHANGE ORDERTO DATE: 1 4354 NEW CONTRACTAMOUNT: 13157,86031 talMD-01N HARRl ALLCO,LLC A. OLD i_AOCIIET. OADW ESICNERnI DA i APFAOYED HY: -KYLERAYES.CTTYMANAGER DATE FREPARED, BY: :. `dYiL - XAYIER PULIDO.ROAD AV DESICNERI ° DATE REVIEWED BY• " . D 70502.2. tAJDALANLP DATE ATTESTED BY: TINA BROUSSARD. CITY CLERK DATE' - �Yfii �+f•� . 3' CITY OF BEAUMONT DATE: Nmembe & 2015 CSJ: 0920.38-189 HIGHWAY: _ DOWLENROAD PROJECT: DOWLEN ROAD ACP RESURFACE PROJECT FROM HIGHWAY 69TO COLLEGE STREET - COUNTY: JEFFERSON DIS IU[CT BEAUMONT CONTRAC1'NUM_B_Elb MTS17-06 OWNER CITY OF BEAUMONT ' CONTRACTOR: ALLCO, LLC - CHANGE ORDER WORK LLHHS: STA 12d+60 TO STA 206+50 TYPE OF CHANGE: MINOR CHANGEORDERNO.2 PREPAREDH Big V &.12- 9 5 1;di9 ficcin¢ 8§� K+ i P ia�» dG3p kdrias+slbR ,11Ts�r>;Eg B sz ti � i � # �t E u Y�2Y � � Qaaa" added to cclmmct &iveway and side ll c—iogs ra.rrxet ADA rcgoirem L, Ilan Na I Item Code I De%< PUoa I . I Q—tity, I Qoecla a. 4ty I Udt Prke I ...Total .106 6013 REMOVE CONCRETE (SIDEWALK 4• TO 61 Sy 0 45.00. IS 20.0D 1 S 900.00 'sss'yei c«zea§�%:�i�k�NO pt §�s.szza«zE�a�P a::� ORIGINAL CONTRACT AMOUNT.- - -53211284.00 NET FROM PREVIOUS CHANGE ORDERS: 53.437.01 1.53 TOTAL AMOUN70FTHIS CHANGE ORDER SL430.05 PERCENT OPTHIS CHANGE ORDER 0.0T.: TOTAL PERCENTCHANGE ORDERTO DATE: 7.1076 NEW CONTRACT AMOUN312 2343944158 - . . A, BY: PREPAREDH BRANDON HARRISON, ALLCO, LLC DTE XAVIER PULIDO, ROADWAY DESIGNER I' DATE REVIER Y - .y✓ REVIEWED IW: D CR A AY DESIGNER HI 6ATEIF D" OSEP MAJDALA[il, P - - DA APPROVEDSY: A - - _ RY: ICY= HAYES, CITY MANAGER. DATE ZINA RO , CITY CLERK DATE July 13, 2018 CSJ: 0920.38489 HIGHWAY: DOWLENROAD PROJECT: DOWLEN ROAD ACP RESURFACE PROJECT FROM HIGHWAY 69 TO COLLEGE STREET COUNTY: JEFFERSON DISTRICT BEAUMONT .. .CONTRACTNUIIBER FW0517-06 'OWNER: CITY OF BEA_UMONT _ CONTRACTOR ALLCO LLC CHANGE ORDER WORK LIMITS: STA 00+00 TO STA 225+00 TYPE OF CHANGE MINOR - CHANGE ORDER NO. I Quantities adusled to accommodate additional w=dc sbMuse repairs along with sealing existing crocks in pawme.. Additional curb repairs and retaining simUs are added as well. Ile.Na Item Code , Description Unit Original Quantity ' New Quantity . Unit Pr)ec Total 104 6022 REMOVE CONCRETE CURB AND GV7IER LP 1,045.00 2,400.00 S 8.00 S 10540.00 ' 351 6006 FLEXIBLE PAVEMENT STRUCTURE REPAIR(10-)SY 599 S1233 S 101.00 S 21.54633 361... 6DOl REPAIRCONCRETEPAVEMENT 10 - SY 0 355.40. 'S 199-00 S. 70.36910 420 6071 CLCCONC COLLAR - EA 03- S 500.00 5 1300.00 423 - 6008 RETAINING WAILS C.I.P. RIENFORCED CLASS 6 SP 0 ,27 S 88.89 S.. 2,400.00 423 6008 RETAINING WAILS C.LP. RHWORCED CLASS 12' SF 0 252 - S 44.44 S 11,200.00 464 6003 RC ME (CL nl)(i 8 R IF - 0 8 S X 75.00 S 600.00 465 2001 INLET (COMPLXTY C) EA 0 2 S 5,000.00 S 10,000.00 465. .6001 INLET(COMPL)(TY S) EA 2 4 S 5,000.00 S 10000.00 ..496 2D02 REMOV STRUCTURE(INLED EA 0 4 S 690.00 S 2,400.00 502 6001 BARRICADES, SILTS AND TRAFFIC HANDLNG MO IO 12 S 26,000.00 S 52,000.00 529.. 2003 ROLLDOWNCURB - " LF 0 30 -. S 70.00 S 2,100.00 - 529 6022 CONCRETE CURB (DOWEL)(TY U) - - IF 703.00 2.400.00 S . 16.00 S 27,152.00 - 531 6002 CONC SIDEWALKS (S-) SY 4,995.00 4.80200 S 60.00 5 11380.00 618 6061 CONOT{PVC) SCH 80 6 - - LF 200 0 S 54.00 S 10,800.00 - 999 - 001 MODlFlrD SIDEWAUQHEADWALL(LER)NOTONTO DELI) IS 0 1 IS 26400.00 S 26000.00 TOTAL: - 8225,72733 ��.��'.��4'�,�-�` r:•.,."�'' 6° t:Aim•��"Ascs�?+�a.�..�'o�c�+Ft�roimi�;. �'i=�"`. ORIGINAL CONTRACT AMOUNT: - $3111184.00 NET FROM PREVIOUS CHANGE ORDERS. $0.00 TOTALAMOUNT OFTRIS CHANGE ORDER S225.72733 ' PERCENT OF THIS CHANGE ORDER: 7.03 TOTAL PERCENT CHANGE ORDERTO DATE 7.03% NEW CONTRACTAMOUNT: - $3,437,01(33 BY- PREPARED BY: •'BRANDON ON,ALLCO,INC. DATEI XAVIER PULIDO, ROADWAY DESIGNER I DATE REVIE B . i'KROfD S. tROCIIET ,-R AY DESIGNERUDATE APPROVED BY: KYLE HAYES, CITY MANAGER DATE G REVIEWED BY:(J r w )"'L, oz-S/O JO ll MAID •R•, DATE PUB C WORXS DIRECTOR : ED BY:' TINA BROUSSARD, CITY CLERK DATE —_ — S I— .. ................ . . ......... .... ... . .. ........... ZIOT m V3 S I— S Oro m V3 Oro V3 1 0 (TZ Al) SdVVV GUM 0109 its. col orro. z Ow,0, I.? V3 ""', ."" — '77. —1909 E wwg,z Oro 00*0 S owe WO. V3 0 (E W SdWVU GUM 9009 Its SWOI UNUSIXI oNnvas UNV DNR4= 'F003 CEO "'96W16T wag co -0 CO'D Oro Ireffre w,:" AS ZZ16VE (.5) SVIVM3GlS.1 NO3 Zoos TES. 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Ong,- 7, 4 Colo:, SE'OL-,; AS' -(SVVM3G1S)ZNO3DNIAOVGH OrGOD'on CD -002 Oro wSzz VAN In! moll Dmhvd3ud zom an Ea.• -ILM -.AM v• 31V41 01 ... •_,��,mn , . ....... .: ..l. I . : --�77 09E : 03Sn SAVO UVONMV) IVNH-f :SU3CQ03ONvll3 09C 1 SAVO VVClN3lV313VHlW3 —::�111no— 6T02'IE-TAlm !)NHMGCuv3d umqa,mlS immm, IVNI"r 2U31VWUS3 A'UUNOW UOOICOT IC3MIdWO:)XUOANJOIN33U3d 9TCZ'OjUdW M-2-1 .771,03Trd u013vulNO3 "00.001 laimmsomma OmelnEg IOW Vl-'"LNOju3."vmv --173MVJ nV"nSill i3V CIVOU hglMOQ 6VI-9E-026015]:JMIOW 3LVWl1S3 mOWrma io AID =./�� 'rl •: l:: '•f.: _ . r., �'/:� _ .w r. ; y-� i 1�= ::{! .f 1•.51: f - ... i}}g�;: H I V y�3C B �.aY a` 6g :E Te�raa DoparlaprH nlT�artsputa[ior+ Form 252 (Rev. 10/11) Page 1 of 1 ESTIMATE NO. 14 PROJECT NO. 0920-38-189 TIME COMPUTED FROM- My 25-26, 2019 Contract Time Statement CONTRACTOR ALLCO,LLC COUNTY Jefferson DATE WORK BEGAN 04/10/18 DATE WORK COMPLETED 04/05/19 NO. OF CONTRACT WORKING DAYS 360 NO. OF WORKING DAYS CHARGED TO DATE 360 ASSESSED LIQUIDATED DAMAGES: NO. OF DAYS 0 PER DAY $970 TOTAL $ 0 CERTIFIED AS CORRECT (ONE COPY HAS BEEN GIVEN TO THE CONTRACTOR) F; RESIDENT E146INEE9 For Instructions and Definitions, Reference the Estimates Manual. Contact/Help RESOLUTION NO. WHEREAS, on December 19, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-268 awarding a contract in the amount of $3,211,284.00 to Allco, L.L.C., of Beaumont, Texas, for the Dowlen Road (Hwy 69 Frontage Road to 1,300 ft. north of College Street) Project; and, WHEREAS, on August 7, 2018, the City Council of the City of Beaumont, Texas passed Resolution No. 18-180 authorizing Change Order No. 1, in the amount of $225,727.53, to adjust the estimated quantities in the contract to accommodate additional concrete slab/base repairs and curb repairs; building retaining walls; and, the addition of sixty (60) calendar days, thereby increasing the contract amount to $3,437,011.53; and, WHEREAS, on November 9, 2018, the City Manager executed Change Order No. 2, in the amount of $2,430.05, for quantities added to construct the driveway and sidewalk to meet ADA requirement, thereby increasing the contract amount to $3,439,441.58; and, WHEREAS, Change Order No. 3, in the amount of ($181,581.26), is necessary to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby decreasing the contract amount to $3,257,860.32; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 3, in the amount of ($181,581.26), for additional work described above, thereby decreasing the contract amount to $3,257,860.32 for the Dowlen Road (Hwy 69 Frontage Road to 1,300 ft. north of College Street) Project; and, THAT the Dowlen Road (Hwy 69 Frontage Road to 1,300 ft. north of College Street) Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $255,762.12 to Allco, L.L.C., of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this'the 22nd day of October, 2019. - Mayor Becky Ames — October 22, 2019 Consider a resolution authorizing the City Manager to purchase 284 phones for the Police Department BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Bart Bartkowiak, Chief Technology Officer October 22, 2019 Council consider a resolution authorizing the City Manager to purchase 284 phones for the Police Department. In the recent Texas legislative session, the Senate passed SB944. This bill specifies that messages regarding public information sent on public or private devices are subject to public records requests and must comply with your organization's standard retention schedule. To be safe, text messages sent from Police devices will need to be retained for seven (7) years. The only way to ensure compliance with this bill is to obtain phones on a business account and archive all incoming and outgoing text messages from the phones. We plan to split the purchase between Verizon and AT&T. Both vendors offer a $39.99/month plan for unlimited service. There are currently around 56 phones within the Police Department paid for by the City. We will be terminating service on these phones when we receive the new ones as well as for those employees that currently receive a cell phone allowance Currently both phone vendors are offering heavy discounts on the iPhone XR. With these . discounts we expect to pay $50 or less per phone. The maximum cost for all phones should be $14,200 or less. We are still evaluating and comparing the various software options for archiving the text messages on the phones. Once that process is finished, we can pair the selected solution with these phones to meet the SB944 requirement. FUNDING SOURCE General Fund. The estimated new cost for providing the phones only within the Police Department is $96,193.50. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of two hundred eighty-four (284) iPhone XR cellular phones from Verizon and AT&T in the estimated amount of $14,200.00 for use by the Police Department. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2019. - Mayor Becky Ames - October 22, 2019 Consider an ordinance granting a new solid waste franchise agreement with Superior Waste Solutions, LLC BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: V.&TO 1,X" 51111VRI City Council Kyle Hayes, City Manager Todd Simoneaux, Chief Financial Officer October 22, 2019 Council consider an ordinance granting a new solid waste franchise agreement with Superior Waste Solutions, LLC. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Seven entities currently have nonexclusive franchise agreements with the City. Superior Waste Solutions, LLC has requested a franchise agreement. They were founded in July of 2019 and plan to operate from 6315 N. Twin City Hwy, Beaumont 77705. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the first reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SUPERIOR WASTE SOLUTIONS, LLC. WHEREAS, Superior Waste Solutions, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Superior Waste Solutions, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of- way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits.of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided ,an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Superior Waste Solutions, LLC 6315 N. Twin City Hwy Beaumont, TX 77705 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the day of , 2019. PASSED BY THE CITY -COUNCIL of the City of Beaumont on second reading this the day of , 2019. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of 12019. ACCEPTANCE: Superior Waste Solutions, LLC By: (Company Owner/Representative) - Mayor Becky Ames -