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Home My WebLink AboutPACKET AUG 21 2001 r� � L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 21, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Consider a request for an historic preservation loan for property located at 2235 Hazel 2. Consider authorizing the City Attorney to authorize attorney's representing the group of cities involved in the Entergy Gulf States "unbundling" case to intervene in all PUC dockets dealing with rate design, delay of competition and other associated dockets dealing with Rates or Deregulation 3. Consider amending Section 16-14 of the Code of Ordinances related to loan time limits and late fees for various library service items COMMENTS • Councilmembers comment on various matters • City Manager's Report -Department of Justice Community Relations Forum, Adjustments to Curbside Recycling, Member Benefit Improvements - Five Year Vesting, Neighborhood Budget Meetings and Finance Officer Recruitment • Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 August 21, 2001 Consider a request for an historic preservation loan for property located at 2235 Hazel City of Beaumont A ° K Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 13, 2001 REQUESTED ACTION: Council consider a request for an historic preservation loan for property located at 2235 Hazel. (Oaks Historic District) RECOMMENDATION The Administration recommends approval of a historic preservation loan request in the amount of $16,000 for property at 2235 Hazel. BACKGROUND The property owners,William and Patsy Buehrle,have submitted a request for Historic Preservation Loan monies in the amount of$17,000. The scheduled work involves replacing rotten wood, rescreening the back porch, repairing wooden windows, painting the house, removing the chimney and repairing the roof, among other things. Of the work submitted,the repairing of interior floors, plumbing pouring of a cement pad and new floor coverings will not qualify for funding. The cost of these items is approximately $1,000. The Texas Historical Commission has reviewed this house for eligibility for listing in the National Register of Historic Places and has determined it to be so under Criterion C for architecture as a contributing member of a historic district. BUDGETARY IMPACT None. PREVIOUS ACTION At a Public Hearing of the Historic Landmark Commission on August 13, 2001, the Commission voted 8-0 to approve the historic preservation loan request in the amount of$16,000. The rate of repayment will be approximately $266 per month for 60 months. SUBSEQUENT ACTION None. RECOMMENDED BY Historic Landmark Commission, City Manager, Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for Historic Preservation Loan monies in the amount of $16,000 for property located at 2235 Hazel (Oaks Historic District). —Oww9wR, C7.7 so i M 50 i 1 a 0 p N of is tJ t• is <t ss AN N ' Is If " i • i !/' I rt rs M H K it s . ) • K JII K ' so • I , I s • ) J , �I! It /I N t / t / J • ! s i r / s r �� I I I i si .7 t0 s/ tt t) A It M s, J/^ N is I A to /I to Of K r1 N is rf� . f • J I j I 1 1 I I '• ( I ! ! I r. of ss w n s. w ,• IS i /t If I/ M ' t/ . N m, w _ f I r • , f , I • ! • 11s , 'r , II ; AV / 1 f , I r • s t !9 s► of to s• N N It I N /s I I/ /f If I/ tf N to a N r! . N f I s ♦ J t 1 _ . SE 1-3 1lI. �p JO aD s SITE 7 10 2235 Hazel 6 ! ? N Is If /t I N /f N K tt M H sf: `I ! • l t I • I s • J 9 ,C /s is /r 0 0 t f !, 0 ) t I t • s e 1. Carty 1Er � cceo City/Rural g u BMT S• USGS Quind No. - 1 left& No. moo` 2. Name 6• Oates Factual _ Est. c. 1925 Address R 7. Archftect/BuiWar Contractor 3• awner Buehrie W a. Style/Type Address M B . Cgtanfai Revival 6. Block/Lot Averil t B 6 1. 9• Orfginal-Usi OQESTIC/Single Dwelling 10. Description: Present STiC/Single Ow Itine One story fraee structure. Clipped gable end roof. Exterior brick chfoney- Two sets of three one-over-one sash with shutters an either side of a pedisented portico supported by tw wra�pist Iran columns with grapevine motif. Mood panel door and paneluud sidelights. Brick porch and steps• Brick foundation. 11- Present Condition —_Fair. Yood rot is evident at the f01 rdatioft There are DMble= with rising damn 12. Significance: The house is an example of middle class housing built in Besuasont to smote the rising population in Beaunon' in the 19201s. 13. Rststfonship to Site: Original Moved Date (Describe Original Site) 14. Bibliography 15. informant 16. Recorder S Skarbowsk� Date •0 -q' PfWIO IDATA Black and Hhfte 33 ma negative YEAR DRYR ROLL FOE BOLL FRIE 90 06 3b to �••'��i•�At. :T VIEW: i. l ,iy n ,�#.►:; .-• x RECORDED BY: S. Skarbowski ---_— DATE: • .. ' L� ..ice. �'w'�acv....ww.rw — � .�-iJ--�-..a%O. t Community Homes 3350 Briar Court Beaumont Texas 77706 Page 1 of 3 6-4-2001 Proposal: Bill and Pat Buehrle 2245 Hazel Beaumont Texas We hereby propose to furnish all materials and perform all the labor necessary for the completion of Tear down chimney and stack out for city trash. Finish out opening. Replace all rotten wood on front porch. Replace all rotten wood on soffit and fascia on eaves. 118 ` Rework rotten decking on corner and reshingle roof where needed. 20' x 2' Rework corner and replace all rotten wood of porch @ house and porch. Rescreen Back porch. Rework decking edge of back porch. Replace lowest course of siding with vinyl skirting. 175' Page 2 of 3 Replace 20' of sill on driveway side. T R Remove window screens and repair wooden windows, rotten wood, and glaze glass. (An additional charge will be accessed to make windows operational if requested later.) Seal flashing and roof over wash room. Preparations, prime and paint house. Customer to choose color. The color must be approved by city of Beaumont. Gutters installed where needed. 120' with seven downspouts. Prepare and poor cement pad @ rear entrance. 5' x 15' Remove and replace rotten flooring in laundry room. 8.00 per yard allowance for floor covering. Any upgrades will be extra. Repair entry floor 3' x3' area. Install floor covering. 18.00 per yard allowance for floor covering. Any upgrades will be extra. Remove and replace rotten flooring in bathroom. Reset toilet. 8.00 per yard allowance for floor covering. Any upgrades will be extra. Any additional plumbing work will be extra. Remove and hang new exterior door on back porch entrance to master bedroom. All material is guaranteed to be as specified, and the above work to be performed in accordance with the specifications submitted for above work and completed in a substantial and workmanlike manner for the sum of$16950.43 with payments made weekly as work completed. Page 3 of 3 Any alteration or deviation from the above specifications involving extra costs , will be executed only upon written orders, and will become an extra charge over and above estimate. All agreements contingent upon accidents and delays beyond our control. Owner to carry fire, windstorm, and other necessary insurance upon above work. Respectfully submitted Jeffrey Simmons Acceptance of proposal The above prices and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Date 2 August 21, 2001 Consider authorizing the City Attorney to authorize attorneys' representing the group of cities involved in the Entergy Gulf States "unbundling" case to intervene in all PUC dockets dealing with rate design, delay of competition and other associated dockets dealing with Rates or Deregulation Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 15, 2001 REQUESTED ACTION: Consider a resolution authorizing the City Attorney to authorize attorney's representing the group of cities involved in the Entergy Gulf States"unbundling" case to intervene in all PUC dockets dealing with rate design, delay of competition and other associated dockets dealing with Rates or Deregulation RECOMMENDATION Council approval of a resolution authorizing the City Attorney to authorize attorney's representing cities involved in the Entergy Gulf States "unbundling" case in intervene in all dockets associated with and arising out of issues in the "unbundling" case. BACKGROUND As a result of SB 7 which deregulated electric power, Entergy/ Gulf States (EGS) filed a case with the PUC to "unbundle" the company into its component parts(generation, transmission and distribution). Council authorized the administration to intervene in those cases in order to exercise the City's jurisdiction over rates and charges and protect the citizens against excessive rates. Later, a series of fuel reconciliation and fuel factor cases were filed and, because EGS questioned the authority of the cities' lawyer to intervene in such cases staff obtained a resolution in June 2001 authorizing such intervention. Recently the staff of the PUC filed a motion to delay competition for EGS and SWEPCO (the utility which serves Northeast Texas). The City had filed a motion requesting a similar delay of competition in the"unbundling" case. SB 7 provided that competition can not begin for a region of the state unless there is competition for all customer classes. Presently there is no competition SAAGENDA\En1=V PL1C.wpd for residential and small commercial users in the EGS service area. The likelihood is that the City's motion will be combined in a new docket with the staff's motion. It is also likely that EGS will question the authority of the City of Beaumont to intervene in a new docket unless specific authority is obtained from Council to intervene. As you recall, EGS tried very hard to prevent the passage of the resolution allowing intervention in the Fuel cases. BUDGETARY IMPACT There will be no budget impact because all fees and expenses will be reimbursed to the City. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Attorney to authorize intervention in all PUC dockets dealing with Rate Design, delay of competition and any matter associated with such dockets. SAAGENDATzlwa PUC.wpd 3 August 21, 2001 Consider amending Section 16-14 of the Code of Ordinances related to loan time limits and late fees for various library service items City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 15, 2001 REQUESTED ACTION: Consider an Ordinance amending 16-14 of the Code of Ordinances to provide for a loan limit and late fee for compact discs, cassettes, sewing patterns and framed prints. RECOMMENDATION That council approve an Ordinance amending 16-14 of the Code of Ordinances to provide for a loan time limit and late fee for compact discs, cassettes, sewing patterns and framed prints. BACKGROUND Council passed an Ordinance May 1, 2001 removing some items from the ordinance setting loan time limits and late fees and establishing a 2 week loan period for books with one renewal. That ordinance inadvertently removed cassettes,sewing patterns and framed prints from the list and did not treat compact discs which are not circulated. This ordinance will set the loan period and late fee for those items. BUDGETARY IMPACT The city should see an increase in income from these new fees. PREVIOUS ACTION Council passed the ordinance in question on May 1, 2001. MEGALUrmwdaNtlowd SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Library Director. RECOMMENDED MOTION Approve/Deny an Ordinance amending Article 16-14 of the Code of Ordinances. S:UXGALVmnuK sera mentwpd 2r Jill City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 21, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize a release of lien against property described as West %2 Lot 4 and East %2 Lot 5, Block 16, Van Wonner Addition B) Amend resolution 01-175 to clarify that as to the property described in that resolution the city only needs to acquire a 20' temporary construction easement and not fee title C) Approve a bid for the printing of the Beaumont Visitor's Guide for distribution by the Convention and Tourism Bureau D) Approve a lease agreement with Enron Broadband Services, Inc. for the placement of fiber optic cable in the public right-of-way E) Accept maintenance of the water and sanitary sewer improvements in Bell Pointe F) Authorize the City Manager to execute a deed conveying two lots in the Home to Bowenville Addition to Habitat for Humanity for the construction of homes for the Neighborhood Revitalization Project G) Authorize the settlement of the lawsuit styled State of Texas vs. Joe F. Ball, et al CONSENT AGENDA AUGUST 21, 2001 * Committee Appointments A) Authorize a release of lien against property described as West %2 Lot 4 and East %2 Lot 5, Block 16, Van Wormer Addition The property above has weed liens totaling $3,527.94 which represents $1,623.73 in principal and $1,904.21 in penalty and interest charges. The Diocese of Beaumont is requesting release of the liens for St. Anthony Cathedral and its school. St. Anthony Cathedral plans to revitalize this land and use it for the playground of the Early Childhood Development Center. Release of lien will provide an unencumbered title to the owner to enable the pending sale to the Diocese. A copy of the staff memorandum is attached for your review. B) Amend resolution 01-175 to clarify that as to the property described in that resolution the city only needs to acquire a 20' temporary construction easement and not fee title The City Council approved resolution 01-75 on July 24, 2001. The Administration recommends amending the resolution to clarify that as to the property described in that resolution the city only needs to acquire a 20' temporary construction easement and not fee title. A copy of the staff memorandum is attached for your review. C) Approve a bid for the printing of the Beaumont Visitor's Guide for distribution by the Convention and Tourism Bureau Administration recommends the award of a bid to Mid South Press of Shreveport,Louisiana, in the amount of$43,969. to furnish the printing services for 100,000 brochures. The Beaumont Visitor's Guide is published for the promotion of Beaumont and surrounding area attractions. The Convention and Tourism Bureau provides these brochures to the Texas Department of Information Visitor's Centers, local tourist attractions,hotels, and travel agencies for distribution. A copy of the staff memorandum is attached for your review. D) Approve a lease agreement with Enron Broadband Services, Inc. for the placement of fiber optic cable in the public right-of-way Administration recommends approval of a lease agreement between Enron Broadband Services, Inc. and the City of Beaumont for the placement of fiber optic cable in the public right-of-way. Enron Broadband Services, Inc. will pay the City of Beaumont an initial application fee of$500 and an annual fee of$1.35 per linear foot per year. A copy of the staff memorandum is attached for your review. E) Accept maintenance of the water and sanitary sewer improvements in Bell Pointe Administration recommends approval of the water and sanitary sewer improvements for Lots 1 and 2. Bell Pointe is a private street from existing Dowlen Road approximately 390 feet west to 3-OM- 4P end of roadway markers. The improvements in the subdivision passed final inspection from all entities involved on August 6, 2001. A copy of the staff memorandum is attached for your review. F) Authorize the City Manager to execute a deed conveying two lots in the Home to Bowenville Addition to Habitat for Humanity for the construction of homes for the Neighborhood Revitalization Project Lots 1 and 2, Block 10 of the Home to Bowenville Addition would be conveyed to Habitat for Humanity for the construction of homes. Administration recommends approval of the conveyance. As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. A copy of the staff memorandum is attached for your review. G) Authorize the settlement of the lawsuit styled State of Texas vs. Joe F. Ball, et al City Council was informed of the facts of this lawsuit in executive session on August 14, 2001 and authorized placing a resolution on the agenda to settle the lawsuit. There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$18,791. A copy of the staff memorandum is attached for your review. A City of Beaumont -I.- UU! Council A enda Item A1 g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 16, 2001 REQUESTED ACTION: Council consider a resolution authorizing a release of lien against property which is described as West 1h Lot 4 and East 1h Lot 5, Block 16, Van Wormer Addition. RECOMMENDATION The administration requests approval of a resolution authorizing a release of lien against property described as West 'h Lot 4 and East 1h Lot 5,Block 16, Van Wormer Addition. BACKGROUND The property described above currently has weed liens totaling $3,527.94 which represents $1,623.73 in principal and$1,904.21 in penalty and interest charges. The Diocese of Beaumont is requesting release of these liens. They are in the process of purchasing the property from Elmo Willard for the use of St. Anthony Cathedral and its school. St Anthony Cathedral plans to revitalize this land and use it for the playground of the Early Childhood Development Center. Release of lien will provide an unencumbered title to the owner to enable the pending sale to the Diocese. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RECOMMENDED MOTION Approve/Deny a resolution authorizing a release of lien against property described as West 1/2 Lot 4 and East '/z Lot 5,Block 16, Van Wormer Addition. r" Saint Anthony Roman Catholic Cathedral P.O. Box 3309, Beaumont, Texas 77704-3309 (409) 833-6433 E-mail: pastor@ganthonycathedral.org Fax (409) 833-8996 Office of the Pastor-Rector August 13, 2001 Mr. Kyle Hayes Assistant City Manager City of Beaumont 801 Main Street P. O. Box 3827 Beaumont, Texas 77704-3827 Dear Mr. Hayes: I respectfully request that all weed liens be waived on the West t/2 Lot 4 and the East 1/2 Lot 5, Block 16 Van Worrier Addition. This land is being purchased by the Diocese of Beaumont for the use of St. Anthony Cathedral and its school. St. Anthony Cathedral will revitalize this land and used it for the playground of our Early Childhood Development Center. The rejuvenation of this land will offer our children a refreshing place of safe recreation as well as offering them and our neighborhood hope for a better life. This land, like several other parcels of land in our downtown neighborhood that we are in the process of purchasing, have been in neglect for years. The waving of weed liens on this land is an investment in developing future leaders for our society as well as a major contribution to the revitalization of our inner city community. Our children and I deeply appreciate any help you can render us in acquiring a waiver of weed liens on this property. Please call Glen Engle, Jefferson County Title Company, at 833-9191 for any information you may need regarding weed liens filed of record. The title company is requiring a release of weed liens. If you have any other questions kindly contact Sam Parigi at 833-9555. 1 look forward to hearing from you concerning this matter in the near future. Thanking you in advance for your assistance and remaining with every prayerful best wish, I am, cerely, k, Je emiah J. McGrath AN : B City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 15, 2001 REQUESTED ACTION: Consider a resolution amending Resolution 01-175 to clarify that as to the property described in that resolution the city only needs to acquire a 20' temporary construction easement and not fee title. RECOMMENDATION That council approve a resolution amending Revolution 01-175 to clarify that as to the property described in that resolution the city only needs to acquire a 20' temporary construction easement and not fee title. BACKGROUND Council passed Resolution 01-175 on July 24, 2001. BUDGETARY IMPACT Project funds are available to acquire the easement. PREVIOUS ACTION Council passed the Resolution 01-175 on July 24, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution amending Resolution 01-175 to show that as to the property described in that resolution, the city only needs to acquire a 20' temporary construction easement and not fee title. S:WG E NDAU2esolut0n01-175.wpd c Cit y of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 15,2001 REQUESTED ACTION: Council approval to award a bid for the printing of the Beaumont Visitor's Guide for distribution by the Convention and Tourism Bureau. RECOMMENDATION Administration recommends the award of a bid to Mid South Press of Shreveport, Louisiana, to furnish the printing services for 100,000 brochures. BACKGROUND The Beaumont Visitor's Guide is published for the promotion of Beaumont and surrounding area attractions. The Convention and Tourism Bureau provides these brochures to the Texas Department of Information Visitor's Centers, local tourist attractions, hotels, and travel agencies for distribution. Sealed bids were received August 13, 2001, for printing the brochures. Bids were solicited from twelve (12) printers with the following five (5) responding: PRINTER TOTAL COST Mid South Press, Shreveport, LA $43,969.00 E. Sullivan Advertising, Beaumont, TX $50,993.25 ExecuForms, Unitd. Orange, TX $54,246.00 Ka 's Composition Co., Beaumont, TX $65,000.00 Creative Impressions, Beaumont, TX $138,900.00 Printing of Beaumont Visitor's Guide August 15, 2001 Page 2 Texas Government Code requires that bids from bidders who reside in states that grant resident bidder preference for that state's purchases must be reciprocated in the same manner when bidding against a Texas bidder. Louisiana law provides for a 5%preference for all products produced or manufactured in Louisiana. The difference in total price between the Louisiana bidder and the lowest Texas bidder is more than 5%of the Texas bid,failing to alter the bid standings. The local sales tax impact analysis was applied to the local vendor's bid, also failing to alter the bid standings. BUDGETARYIMPACT Funds are available in the Convention and Tourism Bureau's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Executive Director of Convention and Tourism. RECOMMENDED ACTION Approve/Deny the award of a bid for the printing of the Beaumont Visitor's Guide for distribution by the Convention and Tourism Bureau to Mid South Press in the amount of$43,969.00. D trM ail City of Beaumont 'A�= K Council il A enda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Administrator MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 13, 2001 REQUESTED ACTION Council consider entering into a lease agreement with Enron Broadband Services,Inc. for the placement of fiber optic cable in the public right-of-way. RECOMMENDATION Administration recommends approval of a lease agreement between Enron Broadband Services, Inc. and the City of Beaumont for the placement of fiber optic cable in the public right-of-way. BACKGROUND Several long distance companies currently have agreements in force with the City. BUDGETARY IMPACT Enron Broadband Services, Inc. will pay the City of Beaumont an initial application fee of$500.00 and an annual fee of$1.35 per linear foot per year. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/Deny a lease agreement between Enron Broadband Services, Inc. and the City of Beaumont for the placement of fiber optic cable in the public right-of-way. EBSCG.%pd PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS,Enron Broadband Services,Inc.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 City of Beaumont that Enron Broadband Services,Inc.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 Enron Broadband Services, Inc.; and, NOW, THEREFORE; 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 Enron Broadband Services, Inc. that Enron Broadband Services, Inc. may lay,maintain,operate,replace or remove a fiber optic communication system (the "system") for the transportation of long distance communications in,on,under or across the streets,alleyways and easements set forth in Exhibit"A" and situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out herein 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 Enron Broadband Services,Inc.or Enron Broadband Services,Inc.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 Department of Transportation, if applicable. The system is to be installed a minimum of thirty-six (36)inches below the existing flow line of the adjacent drainage ditch,when crossing or placed in said ditch. Enron Broadband Services,Inc.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 the 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. (e) 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 Enron Broadband Services, Inc. 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. (j) Barricades, warning signs, lights and flag men will be provided and installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition) by Enron Broadband Services, Inc. contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. Enron Broadband Services,Inc.or its contractor will provide supervision of the work which 2 is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Enron Broadband Services,Inc.or its contractor of additional barricades,warning signs and lights or flag men as be necessary. In the event Enron Broadband Services, Inc. or its contractor does not comply with the barricading standards,the City Engineer may order Enron Broadband Services, Inc. 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 the 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 Enron Broadband Services, Inc. for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Enron Broadband Services, Inc. rights to recover damages against any contractor or third party who may be responsible for damages to Enron Broadband Services, Inc. facilities. (1) If the City requires Enron Broadband Services,Inc. 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, Enron Broadband Services, Inc. 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 Enron Broadband Services, Inc. If these requirements impose a financial hardship on Enron Broadband Services, Inc., Enron Broadband Services, Inc. shall have the right to present alternative proposals for the City's consideration. If the City requires Enron Broadband Services, Inc. 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, Enron Broadband Services, Inc. shall not be required to make any such changes until other corporation or person shall have undertaken,with solvent bond,to reimburse Enron Broadband Services,Inc.for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of Enron Broadband Services, Inc. facilities; provided, however, the City shall never be liable for such reimbursements. (m) Enron Broadband Services,Inc. 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 Enron Broadband Services,Inc.,except to the extent arising 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 damages hereunder. 3 (n) If the system or any part thereof installed by Enron Broadband Services,Inc.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, Enron Broadband Services, Inc. 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 Enron Broadband Services, Inc. from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (o) Recovery by Enron Broadband Services, Inc. for damages that occur to Enron Broadband Services, Inc. facilities, as a result of an adjoining residential homeowners'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 Enron Broadband Services, Inc.. (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 Enron Broadband Services, Inc. expense. Such damages shall be limited to actual damages and no loss of revenue damages. (q) Enron Broadband Services, Inc. contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable by the City showing that the permitee 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 that$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 notice to the City. (r) Enron Broadband Services, Inc. shall make payment to the City of Beaumont as follows: • initial agreement fee of$500,payable upon execution of this agreement: • annual fee of$1.35 per linear foot in the City right-of-way which sums shall be payable upon execution of agreement and each year thereafter. Said parties shall confer and negotiate in good faith on a new rate on or before January 1, 2011, to become effective January 1, 2012 and shall confer and negotiate on a rate in the year 2021 and every ten(10)years thereafter. • inspection, engineering and other costs during the period of initial construction in the amount of$2000.00 payable upon receipt of invoice. (s) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Enron Broadband Services, Inc. (except as provided in Paragraph k) shall be reimbursed to City by Enron Broadband Services, Inc. upon written request therefore,which shall include evidence of such costs. 4 (t) Enron Broadband Services, Inc. agrees that it shall mark the location of its system within forty-eight(48) hours after receipt of notification of proposed construction. Enron Broadband Services, Inc. maintain a toll-free telephone number to be called for location of the system. Should Enron Broadband Services,Inc. fail to locate the system for the City within forty-eight (48) hours of request duly acknowledged, Enron Broadband Services, Inc. shall pay a late charge of Five-Hundred Dollars ($500) per day. In the event of a dispute concerning notice, Enron Broadband Services, Inc. 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 Enron Broadband Services, Inc.. (u) Enron Broadband Services, Inc. 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 by the City within sixty (60)days after completion of the project. (v) "This agreement is personal to Enron Broadband Services, Inc. and may not be assigned to any other company or legal entity without written approval by the City of Beaumont's Public Works Director. Should any other company or legal entity other than Enron Broadband Services, Inc. use the system installed under this agreement under the rights granted herein without obtaining the written permission of the City of Beaumont's Public Works Director,such use shall be a violation of this agreement and the Enron Broadband Services, Inc. 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 Enron Broadband Services, Inc.." The City shall give Enron Broadband Services, Inc. written notice of any violation of this agreement. If Enron Broadband Services,Inc. fails to correct such violation 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 effected either by personal delivery in writing or by registered or certified mail,postage prepaid with return receipt requested. Main notices shall be addressed to the addresses of the parties as follows: City of Beaumont Enron Broadband Services, Inc. PO Box 3827 Beaumont,Texas 77704 5 NOTICE PURSUANT TO PARAGRAPH "T" SHALL BE GIVEN AS FOLLOWS: Toll-Free Telephone Number: The above stated address 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 Enron Broadband Services, Inc. after the date of this agreement shall be construed as evidence of Enron Broadband Services, Inc. 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. 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 shall be amended or supplemented only by a written statement executed by both parties. 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 day of , 2001. THE CITY OF BEAUMONT By: Stephen J. Bonczek, City Manager ATTEST: City Clerk Enron Broadband Services, Inc. By: Title: ATTEST: 6 EXHIBIT"A" Enron Broadband Services, Inc. (Exact Distance Will Be Determined When Route Map Is Complete) STREET LINEAR FEET Long Street/Pine Street 721 E Cit y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 15, 2001 REQUESTED ACTION: Council consider a resolution accepting maintenance of the water and sanitary sewer improvements in Bell Pointe. RECOMMENDATION Administration recommends approval of the water and sanitary sewer improvements for Lots 1 and 2. Bell Pointe is a private street from existing Dowlen Road approximately 390 feet west to 3 -OM-4P end of roadway markers. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on August 6, 2001. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the water and sanitary sewer improvements in Bell Pointe. bellpndjld A DELAWARE BP AMOCO y f LL O I n Tf I I WELLINGTON �• PLACE BP AMOCO WINDWOOD PLACE WELLINGTON WINDSOR GARDENS SHERIDAN WINDSOR PARK ❑ PARK �G at O MARSHALL PLACE ROGERS PARK GLADYS Z uj i O 3O PROJECT LOCATION- BELL POINTE City of Beaumont •r• Council Agenda Item 'a K, g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 17, 2001 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a deed conveying two (2) lots in the Home to Bowenville Addition to Habitat for Humanity for the construction of homes for the Neighborhood Revitalization Project. RECOMMENDATION The properties listed below need to be conveyed to Habitat for Humanity for the construction of homes: Lots 1 and 2, Block 10 of the Home to Bowenville Addition (3655 Nathan Street) Administration recommends the execution of a deed conveying above property to Habitat for Humanity. BACKGROUND As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. BUDGETARY IMPACT None. PREVIOUS ACTION The City acquired the property in the Home to Bowenville Addition by deed from Annie W. Gaines on January 25, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute a deed conveying two (2) lots in the Home to Bowenville Addition to Habitat for Humanity for the construction of homes for the Neighborhood Revitalization Project. habitat-agenda SUBJECT MA A J vii RIVERS NEIGHBORHOOD REVITALIZATION PROJECT TT oul MAN a NIE L DET LOT 1 & Z. BLOCK 10, HOME ADDITION TO BOWENVILLE W MINNER Li (3055 NATHAN STREET) a u m AN CAST RTH PL C oa PICADILLY ►-DETTES BLUEIIE DEVII£ 1,103RILE E Y S ILTON �, MCHALE W MARG C = LANDRY �y H LEGEND LOCATION MAP N.T.S. i SUBJECT PROPERTY 0 R 3 • 3 • t 1 t 3 • • • t p W 16 � 15 Z F O 3 J N cr c 3 m S �It U to f •oo 0 N 13 It • a • �_ • Q • A • ou n MANI St 12 so eo •o I W I 1 so m so 30 •o so - - eo • m: 3 N.T.S. J • 14 n• ' 10 11 It 13: N• ID r t e o q 7 a • s • t g g • o SO so so* LO • s � � so » lot C 11 • I '! e � s a • S to •3N so • 1 • r • � • � 71C 7R-: - so io r ' • ,. ue 70 •0 • 7043• 60 • Y , M ., o • A a• M N 41- so + can >o d !!« •li-LILtJ7• L STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X GF-2000-1690 NB GENERAL WARRANTY DEED THAT I, ANNIE GAINES, of the County of Jefferson, State of Texas, hereinafter called GRANTOR for and in consideration of the sum of SIX THOUSAND AND N01100 ($6,000.00) DOLLARS and other good and valuable consideration, to me in hand paid by The CITY OF BEAUMONT, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described property, the receipt and sufficiency of which is hereby acknowledged and confessed, have GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter made, and by these presents do GRANT, SELL and CONVEY unto the said CITY OF BEAUMONT, P.O. Box 3827, Beaumont, Jefferson County, Texas 77704 and to its successors and assigns forever the property described as follows: Lot Number One and Lot Number Two (1 & 2), in Block Number Ten (10), of HOME ADDITION TO BOWENVILLE, an addition to the City of Beaumont, Jefferson County, Texas, according to the map or plat of record in Volume 10, Page 97 of the Map Records in the office of the County Clerk of Jefferson County, Texas. This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the property. TO HAVE AND TO HOLD the above described premises together with all and singular the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE, their successors and assigns, forever; and said GRANTORS herein, do hereby bind themselves, their heirs, executors and administrators, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. EXECUTED this the 25 day of January , 2001. ' ANNIE GAINES THE STATE OF TEXAS X COUNTY OF JEFFERSON X Before me, the undersigned authority, personally appeared ANNIE GAINES, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration expressed. Given under my hand and seal of office this the day of January , 2001. N Public f Sta of Texas f RETURN TO Brenda Manuel City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Akin RE 'j�l '-r SiATF OF TFXAS MONTY OF JEFFEP.S& i iLLe Mill U��6 f her"Certify fti this instrument was tiled u, the date and time stamped hereon by me and was duly recorded in the Official Public Recalls N ftatpwp" of Jefferson County,Tanis,on ` 2001 FEB 14 10:3j AM 2001005709 FEB 14 20M SANDY WALKER COUNTY CLERK JEFFERSON COUNTY, TEXAS �.. '� Ccunly Clerk.Jefferson Colttttp,Texas G City of Beaumont 1179j:. j Council Agenda Item c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: August 21, 2001 AGENDA MEMO DATE: August 15, 2001 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled State of Texas vs. Joe F. Ball. et al. RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit styled State if Texas vs. Joe F. Ball. et au. BACKGROUND Council was informed of the facts of this lawsuit in executive session and authorized placing a resolution on the agenda to settle the lawsuit. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$18.791. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the lawsuit styled The State of Texas vs. Joe F. Ball. et al. S ILEGALILAWSUI-1