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HomeMy WebLinkAboutPACKET OCT 29 2002 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 29, 2002 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5-8 * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RCR(Residential Conservation and Revitalization) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a retail store at 4825 Highland Avenue 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) District for the property at 685 S. Major Drive 3. Consider a request for a zone change from RCR(Residential Conservation and Revitalization) and GC-MD (General Commercial-Multiple Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a machinery, equipment and supplies wholesaler in a GC-MD-2 District at 2220 Calder 4. Consider a request for the extension of a specific use permit time limit for a period of one year for the operation of a rental hall in an RCR(Residential Conservation and Revitalization) District at 1685 Park Street 5. Consider accepting the Grand Recap of the tax roll for the tax year 2002 (Fiscal Year 2003) 6. Consider granting a new solid waste collection and transportation service franchise 7. Consider approving the purchase of Emergency Medical Services(EMS) Billing and Collection software 8. Consider amending Ordinance No. 02-078 relating to the structure located at 1360 Liberty WORK SESSION * Review proposed Solid Waste Management Fee Increase COMMENTS * Councilmembers comment on various matters * Public Comment (Persons are limited to three minutes) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Vaughn Stephen Ayres, Jr. v City of Beaumont, et al Dorothy Jackson v Arthur Leger et al Claim of Daniel Smith Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buchrle at 880-3725 a day prior to the meeting. 1 October 29,2002 Consider a request for a zone change from RCR(Residential Conservation and Revitalization)to GC- MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a retail store at 4825 Highland Avenue ...... City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 22, 2002 REQUESTED ACTION: Council consider a request for a zone change from RCR(Residential Conservation and Revitalization)to GC-MD-2(General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a retail store at 4825 Highland Avenue. RECOMMENDATION The Administration recommends approval of a zone change from RCR(Residential Conservation and Revitalization) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a retail store at 4825 Highland Avenue, subject to the applicant installing the appropriate landscaping to meet city requirements,installing an approved stormwater collection system, and restricting the detached monument sign to 70 square feet in size and 6 feet in height. BACKGROUND Lion Construction is requesting a zone change and specific use permit to allow the construction of a new 8,000 square foot Family Dollar store at 4825 Highland Avenue. The property is the former location of Vision Alive Christian Ministries Church, which burned down several years ago. The property is currently zoned RCR. While RCR allows retail uses,it limits building size to 4,000 square feet. This size restriction would be impractical for the type of store that Family Dollar builds. They discussed with staff the possibility of rezoning to GC-MD-2 and a specific use permit to allow an 8,000 sq. ft. Family Dollar store. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held October 21,2002,the Planning Commission voted 5:0 to approve a zone change from RCR to GC-MD-2 District and a specific use permit to allow a retail store at 4825 Highland Avenue,subject to the applicant installing the appropriate landscaping to meet city requirements, installing an approved stormwater collection system and restricting the detached monument sign to 70 square feet in size and 6 feet in height. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from RCR to GC-MD-2 District and a specific use permit to allow a retail store at 4825 Highland Avenue,subject to the applicant installing the appropriate landscaping to meet city requirements, installing an approved stormwater collection system and restricting the detached monument sign to 70 square feet in size and 6 feet in height. I b 0 t• � J w. 5 ti s t pp,i FILE 1639-Z/P: Request for a zone change from RCR(Residential Conservation NORTH Revitalization) to GC-MD-2 (General Commercial-Multiple Family Dwelling -2) and ' , a specific use permit to allow a retail store(Family Dollar) Location: 4825 Highland Ave. SCALE a fir/ .91 Applicant: Lion Construction,Inc. V=200' 10T4 ins /qs A.a sus ;75, 50 A p GARLAND AVE:; 5 i4 4 D 1 7c .j O r � • r Ail RS ir 1 4�. 5 6 _s1 RS Sal +�O { r W /5CI /63. 5 /SO a so S TR.1 - ! Z f .+� `. 2 9. P _ AYE A. 1.1 �• C- 3 Q ,fir 1 1s d IOWA AVE. r, r . B. r� 4 Z W U 4(0 i , o J O � _ _� �9` • � , • m ,:. � ItZ:�' 'ice N� 0 N Q 4: a• /P S �� 17 IFS v !/ 6 b GILES ST. } �--- -- 051 75" 0 � 1 5S.53 60 I � t rAw,KUM 194'.99 Lola 9a Ft WALOW 169L.19♦ ttx90 HE .11.4• .-Htl 44- s.(r( 1..• r+rr rM Li iF Approval subject to the applicant installing the appropriate landscaping to meet city requirements, installing an approved stormwater collection system .~n.,.. and restricting the detached monument sign to 70 - -- - square feet in size and 6 feet in height. .-�---. •MI!Nn a UYS,7.9r.4 91An).wuu.9 K.0 i.!♦. SURVEYORS INC. _ .__: —'- a__ —_ _: lewnell rwu1R•r.ct 4.ur"'east Jul 3777 DOCLORS DRIVE - ---- --- ----------- _ IIUN C9M9tR1/[IMN C9YF/R7 Mtn9�•!N FORT AR71(tIR,TL X4]779.2 ._._..._--- -_.. ---_.—_---- _ 141191 997 2004•711x t'091 997 1015 119 04x xxOtl, lr rM 2 October 29,2002 Consider a request for a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial) District for the property at 685 S. Major Drive City of Beaumont . Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 22, 2002 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) to LI(Light Industrial)District for the property at 685 S. Major Drive. RECOMMENDATION The Administration recommends approval of a zone change from RS (Residential Single Family Dwelling) to LI (Light Industrial)District for the property at 685 S. Major Drive. BACKGROUND Mike Doguet,property owner,wishes to re-zone this 0.499 acre tract of land at 685 S.Major Drive. The subject property is immediately adjacent to Doguet's Rice Milling Company at 795 S. Major Drive. Mr.Doguet states that the company would like to expand their facility by adding office space, warehouse space and parking area. The existing rice milling facility is zoned LI(Light Industrial) District. This vacant property is at the southeast corner of Major Drive and Morgan Lane. Morgan is a 14' wide street with a 40'wide right-of-way. On the south side of Morgan are three houses. One house, Amelia School and ball fields are on the north side. If re-zoned,Doguet's will be required to provide an 8'tall screening fence and a 10'wide landscape strip along the east side of the property BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held October 21,2002,the Planning Commission voted 5:0 to approve a zone change from RS(Residential Single Family Dwelling)to LI(Light Industrial) District for the property at 685 S. Major Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a zone change from RS(Residential Single Family Dwelling)to LI(Light Industrial) District for the property at 685 S. Major Drive. I to k a FILE 1640-Z: Request for a zone change from RS(Residential Single Family NORTH '- Dwelling) to LI(Light Industrial) or a more restrictive district - C Location: 685 S. Major Dr. Applicant: Douget's Rice Milling Company SCALE 1-=200' - i-. „ � � •��� i O� i ii tl rte, 8 = N r A0 0 � y� 1� 9 �.o s s I s c so so l a+s , r sf w sv `�r. _` z � • � t Oro .1 "" AMELIA SCH00' bi i6 � .,i0 dl w r. si 1 � Tit Alf a RS Js $ Oat . 3 .vsP so NEWFlE�p 1AlyE '�►rt -f. A7 ` w t • CT w o Z %r o YOR"N LANE .i Z a > Z MORGAN LANE t w ' � e •l o � s .. ... GC" t , _.� • 3 c _ s SAC a � � • . a 7W � I 3 October 29,2002 Consider a request for a zone change from RCR(Residential Conservation and Revitalization) and GC-MD (General Commercial-Multiple Family Dwelling) to GC-MD-2 (General Commercial- Multiple Family Dwelling-2)District and a specific use permit to allow a machinery, equipment and supplies wholesaler in a GC-MD-2 District at 2220 Calder Cit y of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 22, 2002 REQUESTED ACTION: Council consider a request for a zone change from RCR(Residential Conservation and Revitalization)and GC-MD(General Commercial-Multiple Family Dwelling)to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a machinery, equipment and supplies wholesaler in a GC-MD-2 District at 2220 Calder. RECOMMENDATION The Administration recommends approval of a zone change from RCR(Residential Conservation and Revitalization) and GC-MD (General Commercial-Multiple Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District for the entire tract at 2220 Calder and approval of the specific use permit subject to no outdoor storage, a detached monument type sign not to exceed 70 square feet and 6 feet in height allowed on the property line and the closing off of the two most easterly rear driveways and allowing only limited access to the most westerly rear driveway along McFaddin. BACKGROUND E. Dixon Conn, III, President of Controlled Fluids, Inc. (CFI), is requesting the zone change and specific use permit to allow the relocation of the company to 2220 Calder. This property was originally developed as a Weingarten's grocery store. More recently,the building housed furniture stores. The building is currently vacant. The subject property is evenly split between GC-MD(along Calder) and RCR(along McFaddin) zoning. Controlled Fluids, Inc. is a fluid power distributor that has been in business in Beaumont since January, 1984. The company is factory authorized to distribute industrial hydraulic,pneumatic and feedback products. In Beaumont, the firm is currently located at 445 Avenue C. Fluid power distribution involves the specification, sale, assembly and/or repair of hydraulic and pneumatic components and systems. CFI is called upon by its customers to help select the best component or system to meet the requirement of a particular application. Office hours will be from 7:30 a.m.to 5:00 p.m. CFI offers 24-hour call out service to its established customers. Mr. Conn states that all operations of the business will be confined within the interior of the building. Delivery is at the rear of the building. BUDGETARY IMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held October 21,2002,the Planning Commission voted 5:0 to approve a zone change from RCR and GC-MD to GC-MD-2 District for the entire tract at 2220 Calder and approval of the specific use permit to allow a machinery, equipment and supplies wholesaler in a GC-MD-2 District subject to: no outdoor storage, the closing off of the two most easterly rear driveways and allowing only limited access to the most westerly rear driveway along McFaddin, and a detached monument type sign not to exceed 70 square feet and 6 feet in height allowed on the property line. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RCR and GC-MD to GC-MD-2 District for the entire tract at 2220 Calder and approval of the specific use permit to allow a machinery, equipment and supplies wholesaler in a GC-MD-2 District subject to: no outdoor storage,the closing off of the two most easterly rear driveways and allowing only limited access to the most westerly rear driveway along McFaddin, and a detached monument type sign not to exceed 70 square feet and 6 feet in height allowed on the property line. 6 J t / /t /• /r o • • 1 • t I ► • ! a a a� si • • ' /r Ys� FIDE 1638-Z/P: Request for a zone change from RCR(Residential Conservation NORTH Revitalization) and GC-MD (General Commercial-Multiple Family Dwelling) to GC-MD-2 (General Commercial-Multiple Family Dwelling -2) and a specific use t permit to allow a machinery, equipment and supplies wholesaler. SCALE Location: 2220 Calder „_ 1 -200 ` _. Applicant: Controlled Fluids,Inc. sx- x 1 , S r ' NORTH ST. 50 - AP I • o u t`7t �r' ! rI rr � � s 3 ' I + �• ! . N is lI /j i r• j rt !! j t/ tt tJ t t! .90 (. _ s. a i s.i . /t ' !• I! t0 t/ tt t! t• I N It y��• J I J tZ / � s ! • J t � �9/ f D/ + SO 30 . • I I MCFADDIN AVE. �, 21►Q7 50 so „ rt it 2 . • , j 5 1 i tt tf 1 tt' r• rJ` is /s •. is H tD I ` 1 C50 30 So 30 , CALDER AVE. ,t • JO 39/1 -V - JO _ i Z it 10 ! • I ) t ! • J t I p • ! j b 'N rl ! /O !/ I is tr n� r. �s /s n a a to ti I ss • is S T El C 50 1 r� 39/ BO 1/lOWAY I 1 90 . • 10 BROADWAY AVE. 30 591 10 SO AA I11 - rJ rt it I ) s ! • J 1 t r : 7 • !�, I /D I rr j rt 2 7 ho �. r to ' t? n ;�• r! is /a rt s to t/ st t t• tJ I rsi �s ! I • s t s 71 -0,I I L/B£gTY ,411'£ ` I _ . , .-y'V I M- M •CwltMY EXISTING DRAINAGE: Property drains to street. Mc FADDIN STREET 6" Curb Security Flood Light Security Flood Light — — — — — — — - °� T IN REAL IVESTE / u-fl 2600OW"MW — —I t101Mt011,taoa r Ibe>PL Tas i1tl3 Bl' I j •ao IIIIUt• .ce..w. �1 % —� Td.t�tlllif-i09 F@LpNoi�U6--era Vq -- u� �. AVAILABLE — o W — EXISTING DRAINAGE: ----•--------- - / 25,218sf. % = _ ALLEY Property drains to street. EXISTING DRAINAGE: Property drains to street, / _\ UJ b'Chain Fence C /' /\ DOLLAR / j \ GENERAL / er.-- / 8211sf. �Se urittg Flood Light Security Flood Light NORTH - - ----•1mLtr�_ (6" Curb 25' Fla Pole 25' Flag Pole 6' Sidewalk Pylon Approx. 35' in Height * Approval subject to no outdoor storage,the closing off of CALDER AVENUE the two most easterly rear driveways and allowing only limited access to the most westerly rear driveway along EXISTING DRAINAGE: McFaddin, and a detached monument type sign not to """ 1°°3' Property drains to street. exceed 70 square feet and 6 feet in height allowed on the property line. S� P1 Land Area: 118,00004 2.70Acres Building Area: 33,555 sf. """ 4 October 29, 2002 Consider a request for the extension of a specific use permit time limit for a period of one year for the operation of a rental hall in an RCR(Residential Conservation and Revitalization)District at 1685 Park Street ti ... !.. Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 22, 2002 REQUESTED ACTION: Council consider a request for the extension of a specific use permit time limit for a period of one year for the operation of a rental hall in an RCR (Residential Conservation and Revitalization)District at 1685 Park Street. RECOMMENDATION The Administration recommends approval of the request for an extension until November 28,2003. BACKGROUND Yvonne Como,property owner, is requesting a one year extension of a specific use permit granted for a rental hall for weddings, receptions, parties, family and class reunions and other celebratory assemblies. The property is located at 1685 Park Street. City Council approved the specific use permit in November, 2000. Ms. Como states that she has been trying to get investors to partner with her for the operation of the business. Additional time is needed to complete the financial arrangements and to complete the requirements for occupancy. While these arrangements are being made,the property is being maintained in a responsible manner. BUDGETARYIMPACT None. PREVIOUS ACTION At a joint Public Hearing with City Council held October 21,2002,the Planning Commission voted 5:0 to approve an extension of a specific use permit time limit for a period of one year for the operation of a rental hall in an RCR(Residential Conservation and Revitalization)District at 1685 Park Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for an extension of a specific use permit time limit for a period of one year for the operation of a rental hall in an RCR(Residential Conservation and Revitalization)District at 1685 Park Street. 5 October 29,2002 Consider accepting the Grand Recap of the tax roll for the tax year 2002 (Fiscal Year 2003) V� • A.. City of Beaumont � � � Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 23, 2002 REQUESTED ACTION: Accept the Grand Recap of the tax roll for the tax year 2002 (Fiscal Year 2003) with a taxable value of$3,935,778,866. RECOMMENDATION Administration recommends the acceptance of the Grand Recap of the tax roll for the tax year 2002 with a taxable value of$3,935,778,866. BACKGROUND Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the City Council. BUDGETARY IMPACT Property tax revenues in the FY 2003 Budget were calculated based on this taxable value. PREVIOUS ACTION On September 17, 2002 Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$3,935,778,866. There is no change in the taxable value in Grand Recap. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Budget Officer. Accept Grand Recap October 29, 2002 Page 2 RECOMMENDED MOTION Approve/Deny acceptance of the Grand Recap of the tax roll for the tax year 2002 with a taxable value of$3,935,778,866. SON CO GV TEX A MERIAM K. JOHNSON TAX ASSESSOR-COLLECTOR NETTLE WILLIAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS CHIEF DEPUTY P.O.BOX 2112 BEAUMONT,TEXAS 77704 CHIEF OPERATIONS MGR. 409-835-8516 FAX 409-835-8589 October 16, 2002 Kyle Hayes, City Manager City of Beaumont P. 0. Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: Enclosed please find the Grand Recap (Certified Rof/Jurisdiction Summary) of the tax roll for the tax year 2002 for your jurisdiction. Pursuant to the Texas Property Tax Code, Section 26.09, this Recap should be approved by the City Council at your next council meeting. After the approval, I would appreciate your sending me a copy of the resolution for retention in the Tax Office. If you should have any questions or require further information, please feel free to call. Sincerely, MIRIAM K. OHNSON Assessor-Collector of Taxes Jefferson County, Texas MKJ:tm Enclosure erP g OCT 17 n^ , rlT y C'r. �1, RESOLUTION BE IT RESOLVED PURSUANT TO THE TEXAS PROPERTY TAX CODE, SECTION 26.09, THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY APPROVE THE 2002 TAX ROLL THIS DAY OF , 2002. For the City of Beaumont Sworn to and subscribed before me, the undersigned authority, this day of 2002. Notary Public in and for the State of Texas 10/12/2002 06:43:09 TAX COLLECTION SYSTEM PAGE: 9 TC500 C E R T I F I E D R 0 L L J U R I S D I C T I O N S U M M A R Y PROCESSING FOR TAX YEAR: 2002 TAX OFFJCE: JEFFERSON COUNTY TAX OFFICE JURISDICTION: 21 CITY OF BEAUMONT TOTAL PARCELS: 62,903 TAX RATE:00.670000 GROSS VALUE: 4,379,170,050 STATE HOM: 0 OPT HOM: 0.00000 EXEMPT PARCELS: 3,866 STATE 065: 0 OPT 065: 17,500 EXEMPT VALUE: 243,528,130 DISABLED: 17,500 AG EXCLUSION: 24,017,800 AG PROPERTIES: 222 HS CAPPED CNT: 1,400 HS CAPPED AMT: 4,818,490 ABATED PARCELS: 1 ABATED AMOUNT: 5,960,900 HISTORICAL CNT: 7 HISTORICL VALUE: 1,617,560 PRORATED CNT: 27 PRORATED VALUE: 330,134 GROSS TAXABLE: 4,098,897,036 STATE HOMESTEAD 24,492 HOMESTEAD AMT: 0 LOCAL HOMESTEAD 24,492 HOMESTEAD AMT: 0 OVER65 8,195 OVER 65 AMT: 0 LOCAL OVER65 8,195 OVER 65 AMT: 139,652,820 SURVIVING SPOUSE: 97 AMOUNT: 1,640,460 # OF DISABLED: 1,008 DISABLED AMT: 16,631,090 VET is $5000 224 VETERAN AMT: 1,084,280 VET a $7500 43 VETERAN AMT: 286,440 VET a $10000 39 VETERAN AMT: 357,170 VET a $12000 319 VETERAN AMT: 3,466,560 TOTAL VET 625 VETERAN AMT: 5,194,450 TOTAL PART XMP: 163,118,820 TAXABLE VALUE: 3,935,778,866 FROZEN ACCTS: 0 LEVY LOSS: 0.00 TOTAL LEVY: 26,370,713.50 LATEAG CNT: 4 LATEAG AMT: 961.41 FROZEN GROSS: 0 FROZEN TAXABLE: 0 UNFROZEN LEVY: 0.00 FROZEN LEVY: 0.00 TIF CAPTURED: 3,711,630 6 October 29,2002 Consider granting a new solid waste collection and transportation service franchise City of Beaumont Council Agenda � = • � Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 22, 2002 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to IESI TX Corporation (IESI). BACKGROUND IESI has requested that the City grant the company a franchise agreement for collecting, hauling and transporting garbage or refuse from locations in the City, and the disposal of such material. According to City ordinances, a franchise agreement is required prior to a firm conducting business within the city limits. Five firms currently have nonexclusive franchise agreements with the City and are doing business in this area. Corporate headquarters for IESI is located in Haltom City, Texas. The firm is expanding into the southeast Texas market and desires to provide solid waste collection and hauling services in the Beaumont area. Office facilities are currently located in Kountze, Texas where they recently purchased and are operating the Hardin County Landfill. The requested franchise agreement 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 firm to indemnify the City and provide insurance which names the City of Beaumont as a named insured. Franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty Solid Waste Collection and Transportation Services Franchise Agreement October 22, 2002 Page 2 (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the successful firm. Attached is a copy of the franchise agreement for your review. BUDGETARY IMPACT A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Clean Community Director and Central Services Director. RECOMMENDED MOTION Approve/deny granting a Solid Waste Collection and Transportation Services Franchise Agreement to IESI TX Corporation. CITY OF BEAUMONT SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES FRANCHISE AGREEMENT WHEREAS, IESI- TX Corporation(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 IESI - TX Corporation 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 regular 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 - 1 - 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 - 2 - 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: 1. 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 - 3 - 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. - 4 - 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 - 5 - 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 - 6 - 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 IESI TX Corporation, P. O. Box 1509,Kountze, TX - 7 - 77625. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3827, Beaumont, Texas 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 effect 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 - 8 - 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 , 2002. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2002. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2002. Mayor ACCEPTANCE: IESI TX Corporation: By: Janell Marin, District Manager- South East Texas District - 9 - 7 October 29,2002 Consider approving the purchase of Emergency Medical Services (EMS) Billing and Collection software City of Beaumont ter• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 23, 2002 REQUESTED ACTION: Council consider award of a bid for Emergency Medical Services (EMS) Billing and Collection software. RECOMMENDATION Administration recommends the award of a bid for EMS Billing and Collection software from Pinpoint Technologies, Inc. in the amount of$64,250. BACKGROUND Two (2) proposals were received for the purchase of EMS Billing and Collection software for the Cash Management Division on June 13, 2002. Vendors were invited to submit proposals for their billing and collection software systems designed for use in the EMS industry. Pinpoint Technologies, Inc. of Boulder, CO and Sweet of Decorah, IA submitted proposals. The Cash Management Division currently processes approximately 9,000 EMS run sheets per year generating a net billable amount of approximately$3M. Approximately 22%ofthe claims are billed to private insurance, 18%to Medicaid, 36%to Medicare and 24%to patients without insurance or self pays. Billing statements are created from EMS run sheets. Staffverifies patient and insurance information, applies medical industry standard codes,edits diagnosis and narrative statements prior to forwarding to private insurance companies, Medicare, Medicaid and individuals for payment. The Cash Management Division receives payments, credits payments to appropriate accounts and files claims for unpaid balances to secondary insurance companies, if available. The current system is labor intensive,lacks accurate payment and account tracking,does not interact electronically with Medicaid and workers' compensation claims and data entry is cumbersome and redundant. Although the Billing and Collection Software October 23, 2002 Page 2 current system is workable, the lack of accurate account tracking is detrimental to the collection process. The tracking system does not provide the collection agent with daily updated patient account files. As payments are updated to accounts, the collection agent verifies the amount paid versus the amount due and follows up with secondary insurance or direct billing to the patient. The current system does not provide the collection agent with a prompt to review the account after a designated period of time. Claims to insurance companies as well as Medicaid and Medicare must be submitted within a specified period of time for payment processing. Should billing be submitted beyond the specified time, payments are usually denied. The Cash Management staff processes approximately 2,000 accounts per month. These include approximately 700 new accounts and 1,300 to 1,500 active accounts. Without the means to accurately track the accounts,there is the potential for a loss of revenue if accounts are not accurately reviewed and follow up claims not processed within a specified time period. Pinpoint Technologies, Inc. submitted a proposal for their Windows based Sanitas billing and collection system. Staff visited a site using the Sanitas system. They found it to be a user friendly, organized, detailed accounts receivable system. The software has the ability to track accounts on a daily basis thus providing the collection agent with notification as accounts near the end of their cycle. Default charges and credits for standard services are calculated automatically as information is entered.The software prompts the user when the claim does not meet the payor requirements before it is sent,thus reducing errors and processing time. Sanitas is capable of electronically importing daily and weekly payment reports directly from Medicare and Medicaid, reducing the amount of time required for manually posting receivables to accounts. In addition to the Sanitas billing and collection software, Pinpoint Technologies also offers a field reporting module that integrates to their billing and collection software. Field reporting allows the EMS attendant to directly enter patient information via a laptop thus eliminating manual data entry from run sheets. Sweet submitted a proposal for their billing and collection system in the amount of $39,995. Although the price is less than the Pinpoint system, the Sweet software does not offer a fully integrated field reporting system nor is it capable of importing payments directly from Medicare and Medicaid electronically. Staff determined after viewing the software at a local ambulance company, that the system was too limited to be beneficial to the City. Implementation of a new software system should be completed within 120 days. Billing and Collection Software October 23, 2002 Page 3 BUDGETARY IMPACT Funds are available in the Capital Reserve Fund for the purchase of the billing and collection software. Implementation of this system will result in the additional purchase of hardware at an estimated cost of$37,000. The estimated total cost of the complete system is $101,250. The field reporting module will not be purchased at this time. Total cost for the field reporting module and hardware is an additional$92,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, Treasurer and Public Health Director. RECOMMENDED ACTION Approve/Deny the award of a proposal to Pinpoint Technologies,Inc.for the purchase of billing and collection software in the amount of$64,250. 8 October 29, 2002 Consider amending Ordinance No. 02-078 relating to the structure located at 1360 Liberty t17Ej!j Cit of Beaumont y Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager p PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 22, 2002 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 02-078 relating to the structure located at 1360 Liberty. RECONUdENDATION For the, Council to review, Administration recommends that the condemnation order for the structure located at 1360 Liberty be reconsidered to allow a new property owner to rehabilitate it. BACKGROUND This structure was brought before City Council on September 24, 2002 with staff's recommendation of a raze order. The new property owner, Mr. Fernando Rubio, purchased the structure on April 23, 2002 and was not made aware that the property was substandard and was to be presented before City Council. He desires to rehabilitate the structure. BUDGETARY EUPACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze order for this structure on September 24, 2002. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the new owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the amendment of Ordinance 02-034 to allow the new property owner to enter a work program to rehabilitate 1360 Liberty. SUBSTANbARD BUILDING INSPEC �N REPORT CLEAN COMMUNITY 16. CITY OF BEAUMONT DATE REQUESTED September , 2002 WARD 3 ADDRESS OF INSPECTION 1360 Liberty ACCOUNT NO. 8700-11700-9 CENSUS TRACT 10 OWNER Gerald L Buffalow ADDRESS _2214 Hillshire Drive CITY/STATE Deer Park, Tx, 77536-5860 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 9 Land Value 5650 Block or Tract 14 Improvement Value 8080 Addition/Survey Calder Total Value 13730 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date December 12, 2001 F IAES ARE DUB IN TAE AVIfUN')'0F23.94' MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed. The structure has holes in the roof and there is extensive water damage to the interior, The structure is secured at the present but deterioration was noted on prior inspections The rafters and fascia boards are damaged and will need to be replaced The front and back porches are deteriorated All damaged or rotten windows and window siHs will need to be replaced There are foundation problems The interior flooring ceilings and walls have been damaged and will need repairing All damaged electrical wiring and electrical ruxtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced Since the last inspection the yard has had some attempts to be cleaned and the gates are locked Based on the extensive repairs needed in this structure and the fact that these Le-pairs will exceed over SQ% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS M , R 4 � M di99 �4w• ( ,; � � I ot 44 .,. -ro 4 a d + t r �{` T x I kN,; II' IIN ix �A o I I I �I i1 III I lil'I I n IA AV I �IIIIN,. 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IP IIII I ii V IMI'!�III �II III ; I�hll :..:.IIIuII �, IIn:,�III: l 1 ail r m1 I 1 IIII II�'IIIVIi��.� WORK SESSION * Review proposed Solid Waste Management Fee Increase INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS � � L Clean Community DATE: October 22, 2002 TO: Kyle Hayes, City Manager FROM: John Labrie, Clean Community Director SUBJECT: REQUEST FOR CITY COUNCIL WORKSHOP COMMENTS: Attached is a memo that provides historical and current information related to the Clean Community Department's monthly rate. I am requesting that consideration be given to a$1.15 per month rate increase. This increase will change the current rate of$10.85 per month to $12.00 per month. During the F.Y. 2003 budget preparation process, a rate increase was discussed at the Budget Summit. I would like to make a workshop presentation to the City Council on October 29, 2002, related to a possible rate increase. Please notify me if you concur. Jo abrie JL:jr INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS L Clean Community DATE: October 22, 2002 TO: Kyle Hayes, City Manager FROM: John Labrie, Clean Community Director SUBJECT: CONSIDERATION OF A SOLID WASTE MANAGEMENT FEE INCREASE IN F.Y. 2003 COMMENTS: The City of Beaumont's monthly Solid Waste Management rate charged to customers has not been increased since February 1995. In August 1988, City Council raised the rate from$9.19 to $10.08 per month. In February 1995, a$0.77 per month rate increase became effective which brought us to our current rate of$10.85 per month. The$0.77 represents a 7.6%increase over the past fourteen (14)years. I am not aware of any utility type service that has raised their rates by a lesser amount. Because of the increased cost of operations, equipment and complying with new State and Federal Regulations, consideration should be given to a rate increase of$1.15 per month to allow the Clean Community Department's Enterprise Fund to maintain adequate operating capital and reserves. $1.15 per monthrepresents a 10%increase that would generate approximately$450,000 in additional annual revenues. Over the past fourteen (14) years, we have managed our resources efficiently and effectively, necessitating only the$0.77 increase seven(7)years ago. That increase was implemented specifically to help cover the increased cost ofLandfill disposal cell preparation as required by federally mandated Sub-title"D"rules. Prior to Sub-title"D", cell preparation cost was$40,000 per acre. The current cost is approximately$100,000 per acre. As you are aware,the Clean Community Fund,being an Enterprise Fund,receives no tax dollars or subsidies. We operate the same as any business whose revenues must cover all expenses. Recently, our reserves have been reduced due to the addition of the Neighborhood Services Division to the Department in F.Y. 1999,the construction of a new disposal cell,the engineering work required on the Landfill Expansion Permit Amendment Application,the purchase of replacement fleet equipment, and inflationary operating cost increases. Page 2 Interoffice to Kyle Hayes October 22,2002 In addition,the City Charter provides that 20%of the gross revenues of municipally owned utilities may be transferred to the general fund. Such sums so transferred to be in lieu of taxes,street rentals, or other contributions to the general administrative expenses ofthe City. In F.Y.2001,$600,000 was transferred,in F.Y.2002,$750,000 was transferred,and in F.Y.2003,$1,250,000 is budgeted to be transferred. A rate increase will better allow the department to contribute the increased amount to the general fund for services provided,to pay the cost of purchasing new garbage trucks that will be delivered in November,2002,continue our garbage container replacement program(containers had a projected useful life of eight(8)years when they were purchased and they are now fourteen(14)years old),and maintain reserves for future equipment replacement and Landfill Expansion Permit Amendment cost. Our current rates are lower than all major cities in Southeast Texas and our position will not change with a$1.15 per month rate increase. Exhibit"A"provides a comparison of monthly rates charged by major cities in Southeast Texas. The attachment also shows the frequency of all collection services provided by each city to allow for an "Apple to Apple"comparison of rates. The cities of Silsbee and Lumberton have lower rates than Beaumont and Vidor is only$0.29 higher, however,those three (3) cities do not provide bulky waste or yard waste collections. I would ask that your consideration be given to this matter as soon as possible because a rate change will require an Ordinance change. If a rate increase is granted by the City Council, an effective date of January 1, 2003 is suggested. Please notify me if you have questions or need additional information. JW Labrie :jr 'SOLIDWASTE SERVICE MONTHLY RATES EXHIBIT"A" SELECTED CITIES IN SOUTHEAST TEXAS EFFECTIVE RATES AS OF MAY 24, 2002 CITY FREQUENCY OF COLLECTIONS MONTHLY RATE GARBAGE BULKY WASTE YARDWASTE JASPER $16.93 TWICE A WEEK N/A WA PORT ARTHUR 515,25 SEPARATE COLLECTION ONCE A WEEK EVERY OTHER WEEK ONCE A WEEK SEPARATE COLLECTION BRIDGE CITY $14.69 ONCE A WEEK ONLY ONE REM PER WEEK WA SEPARATE COLLECTION SEPARATE COLLECTION GROVES $14.33 ONCE A WEEK ONCE A WEEK ONCE A WEEK NEDERLAND $14.24 ONCE A WEEK TWICE A MONTH TWICE A MONTH WEST ORANGE $12.50 TWICE A WEEK ONCE A WEEK ONCE A WEEK i PORT NECHES $1225 SEPARATE COLLECTION TWICE A WEEK TWICE A WEEK WOOD ITEMS ONCE A WEEK WA ORANGE $1212 TWICE A WEEK ONCE A WEEK ONCE A WEEK VIDOR $11.14 ONCE A WEEK WA WA BEAUMONT $10.85 SEPARATE COLLECTION SEPARATE COLLECTION ONCE A WEEK TWICE A MONTH ONCE A WEEK SILSBEE $9.75 ONCE A WEEK WA wa LUMBERTON $8.82 ONCE A WEEK WA I WA NOTE: SILSBEE AND LUMBERTON ARE THE ONLY CITIES WITH A RATE LOWER THAN BEAUMONT. THEY PROVIDE ONLY WEEKLY GARBAGE SERVICE BUT NO BULKY WASTE OR YARDWASTE COLLECTIONS. MAW � ` K City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 29, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a resolution authorizing the execution of a License to Encroach Agreement with Genesis Services Company, Inc. through their agent Apollo Environmental Strategies, Inc., on the City's Eleventh Street right-of-way for the installation of a groundwater monitoring well B) Approve the purchase of a Ford ambulance cab and chassis A vow . f City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 22, 2002 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Genesis Services Company, Inc., through their agent Apollo Environmental Strategies, Inc., on the City's Eleventh Street right-of-way for the installation of a groundwater monitoring well. RECOMMENDATION The groundwater monitoring well will be installed by Apollo Environmental Strategies, Inc. The license will cover the monitoring well at the following location: MW-7 encroaching onto the City's right-of-way, five (5) feet west off the edge of payment of Eleventh Street and 297-feet-8-inches south of the edge of payment of Delaware Street. The administration recommends authorization to execute the License to Encroach Agreement. BACKGROUND The new groundwater monitoring well is being installed to investigate groundwater contamination. The License Agreement protects the City from liability and provides a thirty-day cancellation clause. BUDGETARY IMPACT There is a one time fee of$500 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the execution of a License to Encroach Agreement with Genesis Services Company, Inc., through their agent Apollo Environmental Strategies, Inc., on the City's Eleventh Street right-of-way for the installation of a groundwater monitoring well. ApolloGenesissk.wpd October 23,2002 SUBJECT ENCROACHMENT 96 , oP 9� p HYBRUD r UTI d VE K TDL MW-7 ENCROACHING c"� R��, �� 9y9v�O I F'pfz� asHVOOn A F TAFT VE ONTO THE CITY'S " Z q EAR N 0° MAPLEV PRI RDS RIGHT—OF—WAY, FIVE RBOR o N.VD.L ®D a a,S PRI a a `\ ¢ TINB Doll 0 7RiFT > PUP FEET (5') WEST OFF THE Q= D ' j TU`A U i U A 3 J o r TULANE EDGE OF THE PAVEMENT 9 3 DIANE= nrk� vi ULINE OF ELEVENTH STREET z HelgFit 9 ~ DEL �BEA RICEJ9 AND TWO HUNDRED Q Pork AWAR RDBIN DDD ypd ft P` NINETY—SEVEN FEET F BRICK �P a HYDE K (297') EIGHT INCHES (8") z MPI SLEEPY Z F p �` B CKI G-LAZY °'CAY RDMA $ SOUTH OF DELAWARE PINDLETO J HAM AUSTIN HDUV z BE S a SQ ?'r BOLLINGER STREET EDGE OF D NSN s WHEATO TUCCUA = y v2 PAVEMENT KENWDDD _ a S'E CDM=RCEW DUR WDDD OWNER- GENESIS 3 T LO SIANA BEECH SERVICES COMPANY, INC. u W GLAD Y r = o o EVA LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY D,Wi ge dtch Wooded Area o Store AAA Appliance v 6 6 ❑❑ ❑ N Q U a Q ra z w L7 a / 11th Street o a, Q 297'-8' / a Approved W W-7/ / U N.T.S. 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 Genesis Services Company,Inc., 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: MW-7 encroaching onto the City's right-of-way, five feet (5') west off the edge of pavement of Eleventh Street and two hundred ninety-seven feet (297') eight inches (8") south of the edge of pavement of Delaware Street. Said encroachment is shown on Exhibit "A", attached. NOW,THEREFORE,Licensor hereby grants to Licensee a license to occupy and use the subj ect property for the purpose of installing a groundwater monitoring well,subj ect to all of the terms and conditions hereof. Licensee shall notify Patrick Sam, Entex Corporation at (409) 866- 1011 forty-eight (48)hours prior to any excavation at site of encroachment. Licensee shall notify Joseph Majdalani, Water Utilities at (409) 880-3784 for utility locates forty-eight (48)hours prior to any construction. Absolutely no digging shall take place within five(5) feet of any utility poles, down guys or anchors. Licensee shall maintain the said monitoring well in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities,properly close said groundwater monitoring well,with plans subject to approval of the City of Beaumont Water Utilities Department. After three(3)years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring well. Such notice should be sent to the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. 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. Page 1 of 4 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. 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,judgements 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. 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. 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 Page 2 of 4 specifying the date of termination. Said notice shall be given not less that 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. 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 shall be sufficient if mailed or hand delivered to the Office of Genesis Services Company, Inc., P. O. Box 7774, Beaumont, Texas 77704. IN WITNESS,WHEREOF,the parties hereto have executed this agreement as of the day of , 2002. LICENSOR CITY OF BEAUMONT By: KYLE HAYES CITY MANAGER LICENSEE GENESIS SERVICES COMPANY, INC. By: Printed Name: Title: Page 3 of 4 ACKNOWEDGEMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2002, 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 X This instrument was acknowledged before me on the day of , 2002, by , of Genesis Services Company, Inc. Notary Public, State of Texas RETURN TO: City of Beaumont Ronnie Pullin P. O.Box 3827 Beaumont,Texas 77704 880-3728 license_genesis Page 4 of 4 B City of Beaumont C Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 29, 2002 AGENDA MEMO DATE: October 23, 2002 REQUESTED ACTION: Council consider the purchase of a Ford ambulance cab and chassis. RECOMMENDATION Administration recommends the purchase of a 2002 Ford F-350 cab and chassis equipped with an ambulance prep package from Philpott Ford throughthe Houston-Galveston Area Council(H-GAC) in the amount of$26,891. This price includes a H-GAC administrative fee of$600. BACKGROUND In 1995,the City's EMS fleet converted to the Frazer ambulance unit which is a separate generator powered ambulance module mounted on a cab and chassis. The Frazer units can be mounted to a new cab and chassis without extensive retrofitting to the truck's power supply. The budget for this fiscal year included the replacement of Unit 7128, a 1997 Ford cab and chassis with 126,000 miles. This unit's module was damaged during a criminal assault involving another vehicle. The Frazer module can be repaired and remounted on the new cab and chassis. The replaced cab and chassis will be disposed of according to the City's surplus equipment disposal policies. A 2002 model 7.3 liter Ford F-350 cab and chassis is available for immediate delivery from Philpott Ford through the Houston-Galveston Area Council(H-GAC),a cooperative purchasing association. The 2003 models are only available through orders placed with the manufacturer with delivery in 90- 120 days. In addition,the 7.3 liter engine is not available on the 2003 model Ford F-350 trucks. The 2002 7.3 liter model is preferred for maintaining consistency in the fleet. A twelve(12)month warranty is provided and service will be available through the local authorized dealership. Purchase of Cab and Chassis October 23, 2002 Page 2 BUDGETARY IMPACT Funds are available in the Capital Reserve Fund for this expenditure. Cost of repairs and remounting the module should not exceed$24,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Health Director. RECOMMENDED ACTION Approve/Deny the purchase of one (1) 2002 Ford F-350 cab and chassis from Philpott Motor Company through H-GAC in the amount of$26,891.