HomeMy WebLinkAboutPACKET NOV 12 2002 City of BeGlLG1nont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 12, 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/Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider appointing a Chief Magistrate and two City Magistrates to two-year
terms
*Administration of the oath of office
*Recess
RECONVENE GENERAL BUSINESS
2. Consider granting a new solid waste collection and transportation service franchise
3. Consider approving a bid for a financing agreement related to the purchase of 16
garbage trucks
4. Consider the purchase of mobile and portable radios for use in the Clean
Community Development
5. Consider authorizing a contract with Community Development Properties
Beaumont, Inc.
6. Consider a request to amend contracts from the 1999, 2000 and 2001
Consolidated Block Grant Programs with the Beaumont Community Housing
Development Corporation(BCHDO)
7. Consider a request to adopt a renewed Citizen Participation Plan that will be
amended to reflect a requirement for citizen participation and Council
consideration when a change in the proposed use of funds is greater than 20%of
the CDBG entitlement
COMMENTS
* Councilmembers/City Manager 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:
Dorothy Jackson v Arthur Leger et al
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
1
November 12, 2002
Consider appointing a Chief Magistrate and two City Magistrates to two-year terms
City of Beaumont
�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kyle Hayes, City Manager
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 8, 2002
REQUESTED ACTION: Consider appointing a Chief Magistrate and two City Magistrates to
two-year terms.
RECOMMENDATION
The City Council met in Executive Session on November 5,2002 and recommended the appointment
of Guadalupe Flores, Theodore Johns and James D. McNicholas as City Magistrates. James D.
McNicholas would be designated as Chief Magistrate.
BACKGROUND
The City Charter states"there shall be one or more magistrates of said Municipal Court known as
City Magistrates,one of whom shall be designated Chief Magistrate." James D. McNicholas would
be designated Chief Magistrate at a compensation of$300 for the first session and $250 for any
subsequent sessions per week. City Magistrates Theodore Johns and Guadalupe Flores would be
appointed at a compensation of$250 per session.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Council.
RECOMMENDED MOTION
Approve/Deny appointing a Chief Magistrate and two City Magistrates to two-year terms.
z
November 12,2002
Consider granting a new solid waste collection and transportation service franchise
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City of Beaumont
mw_
'M Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 7, 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
This is the second reading of the three required by ordinance to be granted a franchise agreement.
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.
Solid Waste Collection and Transportation Services
Franchise Agreement
November 12, 2002
Page 2
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
(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.
A copy of the franchise agreement was presented for City Council review at the first reading.
BUDGETARY IMPACT
A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund.
PREVIOUS ACTION
City Council was presented with the first reading of the franchise request on October 29, 2002.
SUBSEQUENT ACTION
City ordinances require that the requested action be read at three (3) separate Council meetings,
with the third not less than thirty (30) days from the first reading. One additional reading is
required prior to passage.
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.
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ENTITLED AN ORDINANCE GRANTING A
€ FRANCHISE FOR SOLID WASTE
COLLECTION AND TRANSPORTATION
SERVICES TO IESI -TX CORPORATION
ORDINANCE NO. 02-089
,
WHEREAS, IESI - TX Corporation (the "Company") has requested a franchise to
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operate a solid waste collection and transportation service within the City of Beaumont,
,
ii Texas (the"City"); and,
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WHEREAS, the City desires to grant such franchise;
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,
NOW, THEREFORE, BE IT ORDAINED BY THE
,
CITY OF BEAUMONT:
Section 1.
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Grant of Authority
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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
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transportation service"shall mean the regular business of collection,hauling ortransporting
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,
any garbage, rubbish,waste or refuse from locations in the City, and the disposal of such
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material in accordance with law. The franchise granted herein is nonexclusive, and
,
franchises may be granted to other persons for service.
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I Section 2.
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Term of Franchise
The franchise herein granted shall take effect and be in force sixty(60)days after the
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final passage hereof as required by law and upon the filing by the Company of an
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acceptance with the City Clerk, and shall continue in force and effect until one (1) year
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thereafter. The acceptance required hereunder must be in writing and filed with the City
Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term
hereof, this franchise shall continue on a month-to-month basis until terminated by either
party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer class
based upon such criteria as type of waste, container size, frequency of collection, and
distance of travel. The Company shall file its initial rates for service with its acceptance as
required herein. Such rates shall, unless modified by the City, be effective with the
effective date of this franchise. Any modifications in rates by the Company shall first be
filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such
filing unless modified by City as provided herein. Nothing herein shall prevent the
Company from charging uniform rates which are less than the rates filed with the City. The
City shall have the right to establish rates charged by Company for services performed
hereunder, after notice and hearing. Rates established by the City shall be sufficient to
allow the Company an opportunity to earn a reasonable return on its invested capital used
in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City,on or before the fifteenth(15th)day of each month,
a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service in the
previous month as payment for the use of the City's streets,alleys and rights-of-way. The
payments herein provided do not relieve Company from the payment of ad valorem taxes,
special assessments, charges,or other fees applicable to the public generally. City shall
have the right,at any reasonable time,to audit the books and records of the Company and
the Company is hereby required to make such books and records available at the request
of City. Upon written acceptance, the Company shall furnish to the City a listing of
customers served, including customer name, address, frequency of pick-up, size of
container or type of service and charge for same. The following reports shall be filed
monthly with the City Manager or his designee along with the street rental payment
required herein:
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 S.
Indemnity. Insurance and Bond
The Company shall at all times during the effective period of this franchise,carry
liability insurance as provided herein. The Company covenants and agrees at all
times to indemnify and save harmless the City, its officers,agents,employees, and
any member of the public against any and all injuries, damages, claims, causes of
action or loss of compensation arising or resulting from Company's operations
under this franchise,whether or not such loss was caused by the negligence of the
City, its agents, servants or employees. Upon notice given Company by City,
Company must defend at its own expense, any action or suit brought against the
City because of any work or other acts done by the Company underthe terms of this
franchise. Counsel chosen by Company to defend City must be satisfactory to City.
Company will pay anyfrnal judgment which might be obtained against City by reason
of any work or acts done hereunder by Company,Its agents,servants or employees,
and Company will pay all damages occurring to any person or property, public or
private, resulting from any fault or neglect on its part or on the part of its agents or
employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of insurance
indicating workers' compensation coverage as required by the State of
Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in comprehensive
form to insure the automobile liability of its operation with limits of not less
than Five Hundred Thousand Dollars ($500,000.00) per occurrence for
bodily injury and, in addition, not less than One Hundred Thousand
Dollars ($100,000.00) property damage. This policy shall name City as
an additional insured and provide for thirty(30)days notice to City prior
to cancellation. A certificate of insurance certifying such coverage shall
be filed with the City Clerk before the effective date of this franchise,and
it shall be maintained in force during the term of the franchise.
3) General l_iability
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.
ComRfiance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all
lawful exercise of police power by the City and to such reasonable regulations as the City
shall hereafter by ordinance provide. In addition,the Company will observe all city,county,
state, and federal laws regulating the collection and disposal of solid waste.
Section 7,
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in good
order to render efficient service subject to the terms of this franchise. All vehicles,
containers, and equipment used for the collection and transportation of solid waste shall
be constructed, operated and maintained to prevent loss of liquid or solid waste material
and to minimize health and safety hazards to solid waste management personnel and the
public. Such vehicles, containers, and equipment used shall be maintained in a clean,
sanitary condition and free from odors at all times. All vehicles and equipment shall comply
with federal,state,and local regulations. Collection vehicles and all bulk,commercial,and
roll-off type containers shall be painted and numbered and shall have the Company's name
and telephone number painted in letters of a contrasting color. Such containers may not
be placed on any street or right-of-way within the City. All collections shall be made directly
from the premises of the customer and any emptied containers returned directly to such
premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or
entity inside the City of Beaumont who requests such service and is not delinquent in the
payment of collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain an office with telephone service and shall
keep said office open for business from 9:00 AN,to 5:00 P.M.each and every day except
Saturday, Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-eight
(48)hours,the City shall have the right to make temporary independent arrangements for
the purposes of continuing this necessary service to its residents in order to provide or
protect the public health and safety. If the interruption in service mentioned herein
continues for a period of seventy-two (72) hours, then the City shall have the right to
terminate the rights and privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the City
may serve written notice upon the Company of its intention to terminate this franchise. The
notice shall contain the reasons for such intention to terminate the franchise. Unless within
ten(10)days after mailing such notice by City to the Company, such violation shall cease,
or satisfactorily arrangements for correction be made by Company,the City Council may,
after a public hearing in which Company is provided an opportunity to present evidence
concerning such violation, declare the franchise terminated and serve written notice upon
the Company of the termination and the termination of the franchise shall be effective upon
the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A Single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of
City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to
notify Company when provided by certified mail to IESI TX Corporation, P. O. Box 1509,
Kountze, TX 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 priorto 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 orto falsify the information concerning the location
of the service of the vehicle shall be a material breach of this franchise. Should City decide
not to terminate this franchise because of any violation of this Section,Company's disposal
fee at City's landfill shall be doubled for all of Company's vehicles for a period of sbcty(60)
days.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
29 day of October, 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.
-M yor Evelyn M. Lard -
ACCEPTANCE:
IESI TX Corporation:
By:
Janell Marin, District Manager-South East Texas District
3
November 12, 2002
Consider approving a bid for a financing agreement related to the purchase of 16 garbage trucks
City of Beaumont
Im MINIMUM K, Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 7, 2002
REQUESTED ACTION: Council approval of a bid for a financing agreement.
RECOMMENDATION
Administration recommends award of a bid for a five (5) year financing agreement with a fixed
interest rate of 3.47%to Banc One Leasing Corporation for the purchase of sixteen(16)automated
refuse and trash trucks.
BACKGROUND
Three(3)bids were received for a fixed interest rate for financing the purchase of twelve(12)Volvo
Xpeditor automated refuse trucks,two(2)Volvo cab and chassis with 5'wheel equipped with forty-
five (45) cubic yard trash trailers, and two (2) Volvo Xpeditor tandem axle trucks equipped with
grapplers and thirty-two (32) cubic yard capacity trash bodies. The total cost of this equipment and
the amount to be financed is $1,858,790.
Bids were requested for a fixed interest rate to finance the total cost for five (5)years with the first
annual payment in arrears.
The three (3) bids received are as follow:
Financial Institution Location Interest Rate
Banc One Leasing Corporation Corsicana, TX 3.47%
Koch Financial Corporation Scottsdale, AZ 3.60%
3.9494%
[Carlyle Capital Markets Dallas, TX
Financing Agreement
November 7, 2002
Page 2
The equipment to be financed has been ordered and the trucks are scheduled for delivery by
November 30, 2002. The trucks were ordered through the Houston-Galveston Area Council
purchasing cooperative.
BUDGETARYIMPACT
An amortization schedule indicating the cost of the financing agreement is as follows:
Payment No. Payment Amount Interest Principal Purchase Option
1 $411,337.64 $64,500.01 $346,837.63 $1,537,242.48
2 $411,337.64 $52,464.75 $358,872.89 $1,168,564.34
3 $411,337.64 $409011.86 $371,325.78 $789,655.15
4 $411,337.64 $27,126.85 $384,210.79 $400,230.96
5 $411,337.65 $13,794.74 $397,542.91 -0-
TOTAL $2,056,688.21 $197,898.21 1 $1,858,790.00
The City's Treasurer compared the cost of financing the equipment purchased to the cost of paying
for the equipment in full. Financing the total amount of $1,858,790 through a lease purchase
agreement will result in a net cost of$55,354.
The first annual payment of$411,337.64 will be due one year after execution of the agreement.
PREVIOUS ACTION
The purchase ofthe equipment was authorized by City Council by ResolutionNo.02-104,dated May
7, 2002.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
The City Manager, Central Services Director and Finance Director.
RECOMMENDED MOTION
Approve/Deny the acceptance of a bid from Banc One Leasing Corporation for a five (5) year
financing agreement with a fixed interest rate of 3.47% for the purchase of sixteen(16) refuse and
trash trucks.
INTER-OFFICE MEMORANDUM
l 1::
City of Beaumont, Texas
Finance Department
Date: November 7, 2002
To: Kyle Hayes, City Manager
From: Kandy Daniel, Treasurer
Subject: Lease Purchase Financing
COMMENTS
The City has approved the purchase of refuse trucks costing$1,858,790 forwhich lease purchase
financing is available. The lowest quoted interest rate is a fixed rate of 3.47% for 5 Years in
arrears which was received from Banc One Leasing Corporation to finance (Municipal lease
Purchase) the purchase of the equipment.
If the City invested the purchase price at our current yield we would earn $240,342. The cost of
interest to finance the purchase of the equipment is projected at $197,898. Since we will be
making annual payments on the lease purchase, we must factor in the annual payments as a
reduction in the cash available for investment.As a result we would earn$142,544 over the term
of the lease purchase which is a net cost of$55,354 and we would retain the use of our money
for the length of the financing.
Purchase out of current Net cost from investment of
funds (loss of the use of current funds and Lease
the funds) Purchase Financing
($240,342) $55,354
It is my recommendation that we use the Municipal Lease Purchase, which would allow us the
flexibility of keeping an adequate fund balance even though it would result in a net borrowing cost
of $55,354 on the purchase of a long term fixed asset relative to the payment schedule of the
financing.
4
November 12,2002
Consider the purchase of mobile and portable radios for use in the Clean Community Development
CI City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 6, 2002
REQUESTED ACTION: Council consider the purchase of mobile and portable radios.
RECOMMENDATION
Administration recommends the purchase offifty-two(52)mobile radios,ten(10)portable radios and
three (3) controllers from Motorola through the Houston-Galveston Area Council(H-GAC) in the
amount of$114,642.33. This price includes a H-GAC administrative fee of$1,946.78.
BACKGROUND
In 2000, the City purchased an 800 MHz Radio Communication Trunking System from Motorola.
Included in the initial purchase was infrastructure to support the majority ofthe City's communication
users and 300 mobile and portable radios for the Police Department.
As funding becomes available,the system will be expanded to other departments to replace equipment
purchased during the past sixty(60)years. The Clean Community Department has requested that the
system be expanded to their department to coincide with the delivery of new automated refuse trucks.
To convert to the 800 MHz system, Clean Community has requested mobile radios, portable radios
and control stations.
The 800 MHz trunked radio system provides users with radio communication between departments
or within their own departmental "talk groups." While each department shares a common
communications system infrastructure, each department is able to communicate independently and
privately. If necessary, such as during emergencies requiring multi-department response, users can
be organized into talk groups.
The present low band transmitter, purchased in 1980 for the Clean Community Department, has
limited range due to the system's low wattage output. The system is not reliable and communication
Purchase of 800 MHz System
November 6,2002
Page 2
is often unavailable. Telephone circuit lines currently used to transmit signals to communication
towers will be terminated thus reducing the cost for leased circuit lines.
The mobile radios will be installed in all Clean Community vehicles,the portable radios will be issued
to supervisory and field personnel and the control stations will be installed in the Clean Community
office, the Landfill office and the field Supervisor's office.
BUDGETARY IMPACT
Funds are available in the Solid Waste Fund for this expenditure.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Clean Community Director.
RECOMMENDED ACTION
Approve/Deny the purchase of fifty-two (52) Motorola Model M01MX mobile radios, ten (10)
Motorola Model H01 QX portable radios and three(3)control stations in the amount of$114,642.33
through H-GAC.
5
November 12,2002
Consider authorizing a contract with Community Development Properties Beaumont, Inc.
City of Beaumont
•�• Council Agenda Item
O g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 7, 2002
REQUESTED ACTION: Consider authorizing a contract with Community Development
Properties Beaumont, Inc. in the amount of$40,000.
RECOMMENDATION
Administration recommends Council authorize a contract with Community Development
Properties Beaumont, Inc. in the amount of $40,000, the second installment of a five year
commitment.
BACKGROUND
In May of 2000, City Council committed to providing $40,000 per year for five years toward
historic renovations at Hotel Beaumont (Hotel). These funds will be used for the areas of the
Hotel that will be available to groups to host meetings, pre-concert activities or other venues
associated with convention and tourist activities. Current restoration efforts include the historic
painting and renovations associated with the Mirror Room,Peacock Alley and the Mezzanine. The
next phase will provide for the historic renovation of the Rose Room and Sky Room, which will
provide larger venues for convention and tourist activities.
BUDGETARY IMPACT
The City is entitled to utilize revenues derived from the Hotel Motel Occupancy Tax for historic
preservation and the promotion of tourism. Funding related to the fiscal year 2001 and 2002
commitments has been carried over in the Hotel Occupancy Tax Fund into FY 2003. Funds
related to the FY 2003 commitment are also budgeted in FY 2003, however will not be put under
contract until the next phase of the restoration is underway.
Council Agenda Item
Page 2
November 6, 2002
PREVIOUS ACTION
The contract for the first years allocation was executed November 30, 2000 (FY 2001). This
request is for the second year of the commitment.
SUBSEQUENT ACTION
Future year contracts will be executed as required.
RECOMMENDED BY
City Manager.
RECOMMENDED MOTION
Approve/Deny authorizing a contract with Community Development Properties Beaumont, Inc.
in the amount of$40,000.
6
November 12,2002
Consider a request to amend contracts from the 1999, 2000 and 2001 Consolidated Block Grant
Programs with the Beaumont Community Housing Development Corporation(BCHDO)
City of Be aumont
WWR I
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 6, 2002
REQUESTED ACTION: Council consider a request to amend contracts fromthe 1999,2000,and 2001
Consolidated Block Grant Programs with the Beaumont Community Housing
Development Corporation(BCHDO).
RECOMMENDATION
The Administration recommends amending contracts from the 1999, 2000, and 2001 Consolidated Block
Grant Programs with the Beaumont Community Housing Development Corporation(BCHDO)to allocate
$57,500 from the 2001 HOME Program CHDO Reserve for developer's fees for the completion of 23 new
homes sold to low/moderate income persons. Developer's fees for these contracts are calculated at$2,500
per house(See attachment).The Administration also recommends allocating$30,000 from the 2002 HOME
Program CHDO Operating funds for eligible operating costs.
BACKGROUND
Council approved contracts for$266,200 (Res#01-031), $245,000 (Res#02-266),and$171,500 (Res#02-
266) from the 1999, 2000, and 2001 Consolidated Block Grant Programs with the Beaumont Community
Housing Development Corporation(BCHDO). A provision for developer's fees was inadvertently excluded
from these contracts.
BUDGETARY IMPACT
Developer's fees in the amount of$57,500 will be funded from the 2001 HOME Program CHDO Reserve.
Operating costs will be funded from the 2002 HOME Program CHDO Operating funds.
PREVIOUS ACTION
Council approved contracts for$266,200 (Res#01-031), $245,000(Res#02-266), and$171,500 (Res#02-
266) from the 1999, 2000, and 2001 Consolidated Block Grant Programs with the Beaumont Community
Housing Development Corporation(BCHDO).
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, Planning Manager, and Housing Coordinator/Interim Grants
Administrator.
RECOMMENDED MOTION
Approve/Deny amending contracts from the 1999, 2000, and 2001 Consolidated Block Grant Programs
with the Beaumont Community Housing Development Corporation(BCHDO)to allocate $57,500 from
the 2001 HOME Program CHDO Reserve for developer's fees for the completion of 23 new homes sold
to low/moderate income persons. Developer's fees for these contracts are calculated at $2,500 per house
(See attachment). Approve/Deny allocating $30,000 from the 2002 HOME Program CHDO Operating
funds for eligible operating costs.
Page 2
Beaumont Community Housing Development Organization
Res #01-031 Res #02-266 Res #02-266
February 6, 2002 November 6, 2001 November 6, 2001
($266,200) ($245,000) ($171,500)
750 Florida $2,500 2065 011ie $2,500 5015 Kenneth $2,500
760 Florida $2,500 2075 011ie $2,500 5025 Kenneth $2,500
770 Florida $2,500 3710 Broussard $2,500 5035 Kenneth $2,500
780 Florida $2,500 3720 Broussard $2,500 5045 Kenneth $2,500
790 Florida $2,500 2620 Harriott $2,500 5055 Kenneth $2,500
1065 Ashley $2,500 5065 Kenneth $2,500
1075 Ashley $2,500 5075 Kenneth $2,500
1085 Ashley $2,500
1095 Ashley $2,500
1525 Milam $2,500
1545 Milam $2,500
=Total $27,500 1 Total $12,500 Total $17,500
$2,500 Developers fee per home
23 Homes
Attachment
7
November 12,2002
Consider a request to adopt a renewed Citizen Participation Plan that will be amended to reflect a
requirement for citizen participation and Council consideration when a change in the proposed use
of funds is greater than 20% of the CDBG entitlement
ICECity of Beaumont
Council Agenda Item
c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 5, 2002
REQUESTED ACTION: Council consider a request to adopt a renewed Citizen Participation
Plan that will be amended to reflect a requirement for citizen
participation and Council consideration when a change in the
proposed use of funds is greater than 20%of the CDBG entitlement.
RECOMMENDATION
Staff recommends adopting a renewed Citizen Participation Plan that will be amended to reflect a
requirement for citizen participation and Council consideration when a change in the proposed use
of funds is greater than 20% of the CDBG entitlement.
BACKGROUND
Federal regulations require the publication of a notice of change in, or cancellation of, an activity
whenever the City's Citizen Participation Plan is triggered. The existing Citizen Participation Plan
requires public hearings and City Council consideration when a change in the proposed use of funds
in a particular activity is greater than 25%. The proposed change will allow the Administration to
authorize changes in activities that are eligible under HUD regulations and are still within the scope
of the original approved request.
BUDGETARY IMPACT
The proposed Citizen Participation Plan will greatly decrease advertising costs charged to the
Administration line item by reducing the number of publication notices for modest changes that fall
within the federal regulations and overall scope of the project.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager,Public Works Director,Planning Manager,and Housing Coordinator/Interim Grants
Administrator.
RECOMMENDED MOTION
Approve/Deny a request to adopt a renewed Citizen Participation Plan that will be amended to reflect
a requirement for citizen participation and Council consideration when a change in the proposed use
of funds is greater than 20%of the CDBG entitlement.
Page 2
Citizen Participation Plan
Participation
1. Staff will encourage citizen participation, especially from extremely low to low income residents,
by conducting informal/informative meetings in a centrally located facility or in conjunction with
the regularly scheduled meetings of local neighborhood associations. Depending on the number of
local neighborhood associations, staff will determine which process will yield the greater amount of
participation in the time allotted,before submission of the final statement of objectives. As a part
of the citizen participation process,neighborhood associations will be encouraged to meet with
their constituents to prioritize the needs that are critical in their neighborhoods.
2. Staff will decide to conduct public meetings in a centrally located facility if the number of
neighborhood associations exceeds a manageable number that could meet during their regularly
scheduled meeting time within a 60-day period.
3. When the meetings(at least three)are held in the Civic Center, staff will contact(by letter)each
neighborhood association and encourage participation. During the meetings, staff will discuss the
nature of CDBG funds,performance report and the Final Statement of Objectives. Staff will also
entertain comments, questions and proposals from interested citizens, organizations and
neighborhood associations.
4. Staff could also decide to hold regional meetings in the Northeast and Southeast section of the
Community Development Block Grant(CDBG) Strategy Area.. Staff would encourage 3 or 4
neighborhood associations to participate in a meeting on a night and place that is mutually
convenient. Each neighborhood association and interested citizens in the area would have 10
minutes to present their perspective proposals.
5. Citizens will also be encouraged,through public notices,to attend the Community Development
Advisory(CDAC)meetings. The CDAC,which is responsible for submitting recommendations to
Council,will review proposals received from citizens, neighborhood associations and staff. After
the recommendations are received, Council will conduct a workshop to discuss all of the proposals
that were submitted. During the subsequent meeting, City Council will resolve to fund various
selected activities.
Access To Meetin&s
Staff will provide citizens with a 14-day notice prior to public hearings. Notices will be published in the
local Sunday paper. Notices will also be forwarded to various churches, non-profit organizations, housing
authority, residents,neighborhood vendors, schools and neighborhood associations.
Access To Information
Citizens,public agencies and other interested parties, including those most affected will be afforded the
opportunity to receive information, review and submit comments on any proposed submission concerning
the proposed activities including the estimated amount proposed to benefit low-very low and extremely low-
income residents. Citizens and organizations will also have access to City plans to minimize displacement
and assist those displaced as a result of these activities. Citizens and organizations will have five years to
access records.
Technical Assistance
Upon request, staff will provide technical assistance to those citizens and organizations that need help in
developing proposals.
Public Hearings
Staff will conduct at least three public hearings. The hearings will begin promptly at 6 p.m. with a video or
slide presentation on the nature and accomplishments of the Community Development Program at City
Hall. After the presentation, staff will explain the consolidated submission process, review staff
recommendations for proposed funding in Final Statement of Objectives and obtain views/comments from
interested citizens and organizations. A time frame for submission of proposals will also be addressed.
Council members and CDAC members will be encouraged to attend. After the questions and answers,the
meeting will adjourn.
Publishing the Pian
Staff will publish a summary of the consolidated Final Statement of Objectives on Sunday in the local
newspaper. Copies of the summary will be available in the Community Development Office,Room 225
City, Hall, Monday through Friday from 8:00 a.m.to 5:00 p.m.,the Public Library-Main Branch, 800
Main,Monday through Thursday from 9:00 a.m. to 8:00 p.m., and Friday from 9:00 a.m.to 6:00 p.m.
Comments
Citizens will have approximately 30 days to comment on consolidated plans prior to submission. The City
will consider the views of citizens, public agencies and other interested parties when preparing the final
consolidated submission. A summary of the comments including a written explanation of comments that
were not accepted and reasons why, will be attached to the final consolidated plan.
Timely Response
Staff will provide timely, written answers to written complaints and grievance,within 15 days where
practical.
Amendments
Prior to the submission of any substantial change(greater than 20%of entitlement)in the proposed use of
funds,citizens will be given reasonable notice of,and an opportunity to comment on the proposed final
statement of objectives. A public notice will be published in the Sunday edition of the local newspaper.
Information concerning a substantial change will also be forwarded to HUD for review.
Note:
The City Council is the final decision-making authority for the Community Development Program. All
Council meetings are open to public.
Citizens who have complaints about the CDBG program should register their complaint directly to the
City CDBG staff either during working hours or at neighborhood meetings and public hearings.
Complaints should be in written form if at all possible. The City will make every reasonable effort to
provide written responses to all complaints within fifteen(15)working days. If citizens do not feel that
their complaint has been answered adequately or a satisfactory solution found,they may come before the
City Council and present their case.
Individual activities or programs under the CDBG program may require a separate and more specific
complaint procedure than the process described here. This is particularly true of the Housing
Rehabilitation Program where a complaint procedure is outlined in the Housing Rehabilitation Program
Handbook. If other activities require a special complaint procedure,it will be described in a handbook
made available to citizens. Otherwise,the procedure described above should be followed.
Prepared by Planning/Community Development Staff,November 6,2002
' ° L
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 12, 2002 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a contract for plumbing services for City facilities
B) Approve a resolution amending authorized representatives for the Texas Local Government
Investment Pool (TexPool), a public funds investment pool
C) Approve a resolution amending authorized representatives for the Local Government
Investment Cooperative(LOGIC), a public funds investment pool
D) Approve a resolution authorizing the acquisition of two (2) properties out of the David Brown
Survey for the Charlton Pollard Park Site
E) Approve a resolution authorizing the execution of a License to Encroach Agreement with
Hung Quoc Nguyen, dba Time Out Grocery,through their agent Geo Environmental
Consultants, Inc., on the City's Blanchette Street right-of-way for the installation of a
groundwater monitoring well
F) Approve an agreement with the Computer Literacy Center
G) Approve an agreement with the Charlton Pollard Neighborhood Association
H) Approve a resolution authorizing the settlement of the claim of Jonathan Stevenson
a
City of Beaumont
-Li .jq-' i Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 6, 2002
REQUESTED ACTION: Council approval of a contract for plumbing services for City
facilities.
RECOMMENDATION
Administration recommends award of a one (1) year contract for plumbing services to Premium
Plumbing Co., Inc. of Beaumont, Texas at the unit costs reflected in the attached bid tabulation,
with an estimated total annual expenditure of$34,542.
BACKGROUND
The contract specifies that the successful bidder shall provide assorted plumbing services at fixed
unit costs and plumbing materials at a fixed percentage markup for one (1) year to maintain City
plumbing systems. The specifications allow for a one (1) year renewal at the conclusion of the
first year, with prices remaining firm for the extended period.
The bid award is based on application of the quoted rates to an estimated usage for each of the
cost components included on the bid sheet: plumber hours, helper hours, minimum service call
charge, and percentage markup on materials
Thirteen (13) vendors were notified, with two (2) responding with bids as attached.
BUDGETARY IMPACT
Funds are available for this expenditure in the Building Services Division's operating budget.
PREVIOUS ACTION
None.
Contract for Plumbing Services
November 6, 2002
Page 2
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Central Services Director.
RECOMMENDED MOTION
Approve/Deny award of a one (1)year contract for plumbing services to Premium Plumbing Co.,
Inc. at the unit prices stated in the attached bid tabulation.
Contract for Plumbing Services
November 6, 2002
Page 3
Premium Plumbing All Stan Plumbing Prior Contract
Bid Items Co., Inc. Rates
Rate/hour-plumber $45.00 $47.00 $40.00
Rate/hour-helper $l8 00 $22.00 $18.00
Minimum service call $36.00 $36.00 $36.00
%Added to materials 12.50% 15.00% 15.00%
Total Bid Amount $34,542 00 $35,872.00
B
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kandy Daniel, Treasurer
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 5, 2002
REQUESTED ACTION: Council consider a resolution amending authorized representatives
for the Texas Local Government Investment Pool (TexPool), a public funds investment pool.
RECOMMENDATION
The administration requests approval of Kyle Hayes, City Manager, Max S. Duplant, Finance
Officer and Kandy Daniel, Treasurer as authorized representatives for City of Beaumont who are
hereby authorized to transmit funds for investment in TexPool and are each further authorized to
withdraw funds from time to time, to issue letters of instruction, and to take all other actions
deemed necessary or appropriate for the investment of local funds.
BACKGROUND
The Texas Local Government Investment Pool (TexPool), a public funds investment pool, was
created on behalf of entities whose investment objectives in order of priority are preservation
and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.
TexPool was approved as investment alternative for the City of Beaumont on November 6,
1996.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
Kyle Hayes and Kandy Daniel were set up as authorized representatives for TexPool on August
6, 2002.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Treasurer.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing Kyle Hayes, City Manager, Max S. Duplant, Finance
Officer and Kandy Daniel, Treasurer as representatives for City of Beaumont who are hereby
authorized to transmit funds for investment in TexPool and are each further authorized to
withdraw funds from time to time, to issue letters of instruction, and to take all other actions
deemed necessary or appropriate for the investment of local funds.
RESOLUTION
AMENDING AUTHORIZED REPRESENTATIVES
WHEREAS City of Beaumont
("Participant")is a local government of the State of Texas and is empowered to delegate to a public funds
investment pool the authority to invest funds and to act as custodian of investments purchased with local
investment funds;and
WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide
for the preservation and safety of principal,liquidity,and yield consistent with the Public Funds Investment Act;
and
WHEREAS,the Texas Lncal Government Investment Pool("TexPool'),a public funds investment
pool,was created on behalf of entities whose investment objective in order of priority are preservation and
safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.
NOW THEREFORE,be it resolved as follows:
A. That the individuals,whose signatures appear in this Resolution,are Authorized Representatives of
the Participant and are each hereby authorized to transmit funds for investment in TexPool and are
each further authorized to withdraw funds from time to time,to issue letters of instruction,and to
take all other actions deemed necessary or appropriate for the investment of local funds.
B. That an Authorized Representative of the Participant may be deleted by a written instrument signed
by all remaining Authorized Representatives provided that the deleted Authorized Representative
(1)is assigned job duties that no longer require access to the Participant's TexPool account or(2)is
no longer employed by the Participant; and
C. That the Participant may by Amending Resolution signed by the Participant add an Authorized
Representative provided the additional Authorized Representative is an officer, employee,or agent
of the Participant;
List the Authorized Representatives of the Participant. These individuals will be issued P.I.N.numbers to
transact business via the phone with a participant service representative.
1.Name Kyle Hayes Title City Manager
Signature Phone Number (4 0 9 ) 880-3708
TEX—REP
2.Name Kandy Daniel Title Treasurer
Signature Phone Number (4 0 9 ) 880-3773
3.Name Max S. Duplant Title Finance Officer
Signature Phone Number (4 0 9 ) 880-3767
List the name of the Authorized Representative listed above that will have primary responsibility for performing
transactions and receiving confirmations and monthly statements under the Participation Agreement.
Name Kandy Daniel
Email kdaniel @ci.beaumont.tx.us
In addition and at the option of the Participant, one additional Authorized Representative can be designated to
perform only inquiry of selected information.This limited representative cannot make deposits or withdrawals.
If the Participant desires to designate a representative with inquiry rights only,complete the following
information.
4.Name Title
Nada Rogers Deputy Treasurer
D. That this Resolution and its authorization shall continue in full force and effect until amended or
revoked by the Participant,and until TexPool receives a copy of any such amendment or revocation.This
Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the
day ,20—.
NAME OF PARTICIPANT
BY:
Signature
Printed Name
Title
ATTEST:
Signature
Printed Name
Title
OFFICIAL SEAL
TEX-REP
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kandy Daniel, Treasurer
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 5, 2002
REQUESTED ACTION: Council consider a resolution amending authorized representatives
for the Local Government Investment Cooperative (LOGIC), a public funds investment pool.
RECOMMENDATION
The administration requests approval of Kyle Hayes, City Manager, Max S. Duplant, Finance
Officer and Kandy Daniel, Treasurer as authorized representatives for City of Beaumont who are
hereby authorized to transmit funds for investment in LOGIC and are each further authorized to
withdraw funds from time to time, to issue letters of instruction, and to take all other actions
deemed necessary or appropriate for the investment of local funds.
BACKGROUND
The Local Government Investment Cooperative (LOGIC), a public funds investment pool, was
created on behalf of entities whose investment objectives in order of priority are preservation
and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act.
LOGIC was approved as investment alternative for the City of Beaumont on March 4, 1997.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
Kyle Hayes and Kandy Daniel were set up as authorized representatives for LOGIC on August 6,
2002.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Finance Officer and Treasurer.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing Kyle Hayes, City Manager, Max S. Duplant, Finance
Officer and Kandy Daniel, Treasurer as representatives for City of Beaumont who are hereby
authorized to transmit funds for investment in LOGIC and are each further authorized to withdraw
funds from time to time, to issue letters of instruction, and to take all other actions deemed
necessary or appropriate for the investment of local funds.
LOGIC Amending Resolution Page 1 of 2
RESOLUTION CHANGING AUTHORIZED REPRESENTATIVES FOR LOCAL
GOVERNMENT INVESTMENT COOPERATIVE
SAMPLE RESOLUTION
WHEREAS, City of Beaumont
(the "Government Entity")by authority of that certain Local Government Investment
Cooperative Resolution (the "Resolution")has entered into that certain
Interlocal Agreement(the "Agreement") and has become a participant in the public funds
investment pool created thereunder known as Local Government Investment Cooperative
("LOGIC");
WHEREAS,the Resolution designated on one or more "Authorized Representatives"
within the meaning of the Agreement;
WHEREAS,the Government Entity now wishes to update and designate the following
persons as the "Authorized Representatives" within the meaning of the Agreement;
NOW, THEREFORE, BE IT RESOLVED:
The following officers, officials or employees of the Government Entity are hereby
designated as "Authorized Representatives" within the meaning of the Agreement, with full
power and authority to: deposit money to and withdrawal money from the Government
Entity's LOGIC account or accounts from time to time in accordance with the Agreement
and the Information Statement describing the Agreement and to take all other actions
deemed necessary or appropriate for the investment of funds of the Government Entity in
LOGIC:
Signature:
Kyle Hayes
Printed Name:
City Manager
Title:
Signature:
Kandy Daniel
Printed Name:
Treasurer
Title:
Signature:
Max S. Duplant
Printed Name:
Finance Officer
Title:
The foregoing supersedes and replaces the Government Entity's previous designation of
http://www.logic.org/amendingres.htm 1 1/5/2002
LOGIC Amending Resolution Page 2 of 2
officers, officials or employees of the Government Entity as Authorized Representatives
under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified,
the Resolution shall remain in full force and effect.
PASSES AND APPROVED this day of , 19
By:
Printed Name:
Title:
ATTEST:
By:
Printed Name:
Title:
LOGIC strongly recommends that the Personal Identification Number(PIN)be changed if
there is a change in "Authorized Representatives". Please include a request to change the
PIN number when sending the "Amending Resolution" to LOGIC.
http://www.logic.org/amendingres.htm 11/5/2002
D
MAW
. f City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 5, 2002
REQUESTED ACTION: Council approval of a resolution authorizing the acquisition of two
(2) properties out of the David Brown Survey for the Charlton
Pollard Park Site.
RECOMMENDATION
The property owners listed below have agreed to convey their property to the City for the Charlton
Pollard Park Site.
Parcel 118 City Plat D, Tract 221/2, David Brown Survey
( 620 Neicy Street)
Parcel 121 City Plat D, Tract 36, David Brown Survey
( 600 Block of Neicy Street)
Appraised Value: $2,000.00
Appraiser: Bishop Real Estate Appraisers, Inc.
Owners: Jerry L. Smith, Maxine J. Smith-Roland, Jimmie W. Smith, Edwin
E. Smith, Jacqueline Holt, Heather Green, Don Smith, Jr., Karen
Bryant, Donna Humphrey, Palestine Sexton, Wanda Wiggs and
Richard A. Smith
Administration recommends authorization to acquire these properties.
BACKGROUND
These properties are needed for the Charlton Pollard Park Site.
BUDGETARY IMPACT
Community Development Block Grant(CDBG)funds are being used to purchase these properties.
PREVIOUS ACTION
Of the 13 parcels required, nine (9) have already been acquired and one (1) has been referred to
legal for condemnation.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the acquisition of two (2) properties out of the David Brown Survey
for the Charlton Pollard Park Site.
CharltonPolParksk.wpd
November 5,2002
SUBJECT
CHARLTON POLLARD PARK SITE
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LOCATION MAP
LEGEND N.T.S.
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City of Beaumont
•� Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 5, 2002
REQUESTED ACTION: Council consider a resolution authorizing the execution of a License
to Encroach Agreement with Hung Quoc Nguyen, dba Time Out
Grocery, through their agent Geo Environmental Consultants, Inc.,
on the City's Blanchette Street right-of-way for the installation of a
groundwater monitoring well.
RECOMMENDATION
The groundwater monitoring well will be installed by Geo Environmental Consultants, Inc. The
license will cover the monitoring well at the following location:
Monitoring well encroaching onto the City's right-of-way, fifty-two and five tenths
feet (525) west of the west right-of-way line of South Fourth Street and a
minimum of five feet (5') north of the edge of the pavement of Blanchette 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(30)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
Hung Quoc Nguyen, dba Time Out Grocery, through their agent Geo Environmental Consultants,
Inc., on the City's Blanchette Street right-of-way for the installation of a groundwater monitoring
well.
EncroachNguyensk.wpd
November 5,2002
SUBJECT
LICENSE TO CROCKS
J
ENCROACH T
BLANCHETTE STREET U F ¢ " W E S�� L
ANNIN F� L
RIGHT—OF—WAY FOR 9 BMT L
S .y"' Centra O SYTH
INSTALLATION OF r Baptist AGG m » N HosR park A
GROUNDWATER "CULL e,
COLLEGE 90 9L '9 P
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BLANCHETTE STREET Nm J BLANCH TTEv F CH
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RIGHT—OF—WADY Z a o > a
ADJACENT TO 2$10 u CART IGHT u z RT R H
SOUTH FOURTH R RT RC ERTS
STREET RAIRI PR IR = a
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OWNER=HUNG OUOC EU ID DORO HY F °z Ft irl ID p
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OUT GROCERY WAV RLY w THE AN
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LOCATION MAP
LEGEND N.T.S.
SUBJECT PROPERTY
5 FT, (MIN) 2.5 FT.
BIW'ChM�R�IA WELL LOCATED MINIMUM 5 FT,
60 FT. FR❑M EDGE OF PAVEMENT
RIGHT-OF-WAY
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COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES
FOR
LICENSE TO ENCROACH APPLICATION
PROPERTY DESCRIPTION: Monitoring well encroaching onto the City's right-of-way,
fifty-two and five tenths feet(52.5')west of the west right-of-
way line of South Fourth Street and '
of the south fight of-way litte ofBlanehette Stre a minimum
of five feet (5') north of the edge of pavement of Blanchette
Street.
APPLICANT: Geo Environmental Consultants, Inc. agent for the owners, Hung Quoc Nguyen dba
Time Out Grocery
DATE OF DISTRIBUTION: October 22, 2002
1) Joris P. Colbert, City Engineer Date Received: 10-29-2002
Acceptance and Approval.
Date Received: 10-28-2002
Well shall not be constructed in or within 5' of street pavement.
2) Don Burrell, Building Official Date Received: 10-31-2002
Acceptance and Approval.
3) Jack Maddox, Fire Marshall Date Received: 11-1-2002
Acceptance and Approval.
4) Joe Majdalani, Water Utilities Date Received: 11-1-2002
Acceptance and Approval.
5) Stephen Richardson, Planning Manager Date Received: 10-22-2002
Acceptance and Approval.
6) Mark Horelica, Transportation Manager Date Received: 10-22-2002
Acceptance and Approval.
7) Patrick Sam, Reliant Energy Entex Date Received: 10-22-2002
Acceptance and Approval.
8) James Bryant, Entergy Date Received: 10-23-2002
Acceptance and Approval.
9) Cliff Moore, Southwestern Bell Telephone Date Received: N/A
SWBT has informed the City that they will pursue a separate and independent license agreement with
the property owners for an additional fee.
10) Richard Le Blanc, D.D.#6 Date Received: 10-23-2002
Acceptance and Approval.
11) Jim Terry, Streets and Drainage Date Received: 11-4-2002
Objections. There is an underground storm sewer pipe at the location they are showing the monitor
well. There is a sidewalk on the north side of the pavement.
Date Received: 11-5-2002
[Verbal acceptance] Agreed to be notified.
12) Tyrone Cooper, Legal Department Date Received: 11-5-2002
Acceptance and Approval. Accept with the understanding that there is sufficient clearance from any
and all city structures and facilities. Also, that proper notice is provided to the appropriate City
departments prior to installation or digging.
nguy en_comments_summary
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 Hung Quoc Nguyen dba Time Out
Grocery, 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:
Monitoring well encroaching onto the City's right-of-way, fifty-two and five tenths
feet(525)west of the west right-of-way line of South Fourth Street and a minimum
of five feet (5') north of the edge of the pavement of Blanchette 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,subject to all of the
terms and conditions hereof. There must be sufficient clearance from any and all City structures and
facilities at the encroachment site. Proper notice must be provided to the appropriate City
departments and utilities prior to installation or digging. There is a storm sewer at this location.
Licensee shall notify Jim Terry, Streets and Drainage at (409) 838-5016 forty-eight hours prior to
any excavation or construction. Licensee shall notify Patrick Sam,Entex Corporation at(409) 866-
10 11 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
Page 1 of 4
obtaining the written consent of Licensor and giving notice to Licensor in writing of how,when and
to what extent such improvements are to be made. A copy of this license shall be attached to such
notice.
Substantial improvement means any repair, construction, or improvement of a
structure,the cost of which equals or exceeds twenty-five percent(25%) of the market value of the
structure either: (1) before the improvement or repair is started; or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any portion of the
structure commences,whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include any projects or improvements of a structure to comply with
existing state or local health, sanitary, or safety code specifications which are solely necessary to
protect the health, safety and welfare of the public, inhabitants, or users of such structure.
In the event the City of Beaumont,by resolution of the City Council, determines it
needs the subject property, or any part thereof, for the benefit of the City or to protect the health,
safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not
receive any compensation and the City of Beaumont shall not be liable therefore, whether for the
value of property taken, damage to the abutting or remaining property or improvement, loss of
business or profit, loss of access, or otherwise.
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.
Page 2 of 4
This license shall be recorded in the Real Property Records in the Office of the
County Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty(30) days prior to
the termination date, therein specified, and shall be recorded in the Real Property Records in the
Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with,and as
part of, Licensee's conveyance of all the abutting property this license serves through probate or
warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being
delivered a copy of the document or documents conveying or leasing the same.
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 Hung Quoc Nguyen dba Time Out
Grocery, 2310 S. Fourth Street, Beaumont, Texas 77701.
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
TIME OUT GROCERY
By:
Hung Quoc Nguyen
Title:
Page 3 of 4
ACKNOWLEDGMENTS
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 Hung Quoc Nguyen, dba Time Out Grocery.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Ronnie Pullin
P. O.Box 3827
Beaumont,Texas 77704
880-3728
geo\license_nguyen
Page 4 of 4
7LJ-1J- City of Beaumont
Co uncil Agenda Item
M
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 5, 2002
REQUESTED ACTION: Council consider a request to authorize the City Manager to execute
an agreement with the Computer Literacy Center.
RECOMMENDATION
The Administration recommends approval of an agreement with the Computer Literacy Center in the
amount of$2,400.00 to assist with administrative and operating expenses for a computer literacy
program for persons living in the Charlton-Pollard neighborhood. The Computer Literacy Center is
a program of the Charlton-Pollard Weed and Seed Initiative contracted out to Ms. Ida Roy, and is
designed to promote skills that will lead to better job opportunities for persons living in and around
the Charlton-Pollard neighborhood.
BACKGROUND
The Weed and Seed Steering Committee approved funding for this activity on May 21,2002. As per
U. S. Dept.of Justice/Executive Office for Weed and Seed regulations,allocation of these funds are
made by the Weed and Seed Steering Committee.
BUDGETARY IMPACT
The Computer Literacy Center will be funded from the 2000 Weed and Seed initiative in the amount
of$2,400.00.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager,Public Works Director,Planning Manager,and Housing Coordinator/Interim Grants
Administrator.
RECOMMENDED MOTION
Approve/Deny a request to authorize the City Manager to execute an agreement with the Computer
Literacy Center in the amount of$2,400.00.
Page 2
G
City of Beaumont
Council Agenda Item
c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 5, 2002
REQUESTED ACTION: Council consider a request to authorize the City Manager to execute
an agreement with the Charlton-Pollard Neighborhood Association.
RECOMMENDATION
The Administration recommends approval of an agreement with the Charlton-Pollard Neighborhood
Association in the amount of$7,020.00 to assist with administrative and operating costs associated
with educational and development after school activities for youth participating in the Charlton-
Pollard Neighborhood Education Development Goals Enrichment Program(E.D.G.E.).
BACKGROUND
The Weed and Seed Steering Committee approved funding for this activity on May 21,2002. As per
U. S.Dept.of Justice/Executive Office for Weed and Seed regulations,allocation of these funds are
made by the Weed and Seed Steering Committee.
BUDGETARY IMPACT
The Charlton-Pollard Neighborhood Association E.D.G.E. Program will be funded from the 2000
Weed and Seed Initiative.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager,Public Works Director,Planning Manager,and Housing Coordinator/Interim Grants
Administrator.
RECOMMENDED MOTION
Approve/Deny a request to authorize the City Manager to execute an agreement with the Charlton
Pollard Neighborhood Association in the amount of$7,020.00 to assist with administrative and
operating costs associated with educational and development after school activities for youth
participating in the Charlton-Pollard Neighborhood Education Development Goals Enrichment
Program(E.D.G.E.). This activity will be funded from the 2000 Weed and Seed Initiative.
Page 2
H
City of Beaumont
�ji Council Agenda Item
� - , • NL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: November 12, 2002
AGENDA MEMO DATE: November 6, 2002
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
claim of Jonathan Stevenson.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Jonathan Stevenson.
BACKGROUND
Council authorized the settlement of this clain in Executive Session November 12, 2002.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$15,500.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the settlement of the claim of Jonathan Stevenson.
G:\CG\RESOLUTI\CLAIMLAW.DOC\AGEN MEMO-CLAIM\Stevenson-11-02.wpd
RESOLUTION NO.
WHEREAS, the claim of Jonathan Stevenson has been discussed in an Executive
Session properly called and held Tuesday, November 5, 2002; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Jonathan
Stevenson in the amount of Fifteen-Thousand Five-Hundred ($15,500) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
November, 2002.
- Mayor Evelyn M. Lord -