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PACKET FEB 11 2003
City ®f Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 11, 2003 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 approving an ordinance amending ward boundaries for the May 3, 2003 General Election 2. Consider approving an ordinance ordering the General Election to be held on May 3, 2003 and a Runoff Election to be held on May 17, 2003, if necessary 3. Consider authorizing the City Manager to increase the Eleventh Street Interceptor Rehabilitation Project amount for "extra work" 4. Consider approving a resolution in support of a request to Carole Keeton Strayhorn, Texas State Comptroller of Public Accounts, for an Organizational Structure and Financial Management Review (FMR) of the City departments 5. Consider approving a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract- VII WORK SESSION * Discuss matters related to Entergy/Gulf States * Discuss modified staffing plan in the Fire Department Discuss Street Projects in the Capital Improvement Program and discuss proposed issuance of Certificates of Obligation * Discuss proposed sale of Central Park Property COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Sybil Cain v City of Beaumont, et al Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 February 11,2003 Consider approving an ordinance amending ward boundaries for the May 3, 2003 General Election ti..72ij City of Beaumont IMP-1 EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols MEETING DATE: February 11, 2003 AGENDA MEMO DATE: February 5, 2003 REQUESTED ACTION: Council to approve an ordinance amending ward boundaries for the May 3, 2003 General Election. RECOMMENDATION The administration recommends that the Council approve an ordinance amending theward boundaries for Wards 1, 2, 3 and 4 within the City of Beaumont. BACKGROUND As a result of the 2000 census, Jefferson County is amending its voting precinct lines. This amendment will necessitate an amendment to ward boundaries such that the ward boundaries do not bisect voting precincts. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY The City Attorney and the City Manager. RECOMMENDED MOTION Approve or deny an ordinance amending the ward boundaries for Wards 1, 2, 3 and 4 within the City of Beaumont, Texas. S:WGENDA\AGENDA ITEM MEMOS\Ward Boundaries2-04 INTER-OFFICE MEMORANDUM City of Beaumont,Texas Planning Division Date: February 7, 2003 PD 57/03 To: Kyle Hayes, City Manager From: Stephen Richardson, Planning Director Subject: Population data regarding proposed changes to Ward boundaries. COMMENTS The purpose of this memo is to convey the current population of each Ward and also to show changes in population resulting from the proposed changes to Ward boundaries. All figures are based on data from The U.S. Census Bureau for the year 2000. Current 2000 Population per Ward Wards Jefferson County Voting Precincts 2000 Population Ward 1 2, 4, 6, 7, 22, 23, 68, 72, 87, 88, 89, 99, 104 31423 Ward 2 5, 17, part 26, 27, 62,65, 73, 78, 79, 86,part 90, 100 29397 Ward 3 1, 3, 8, 10, 11, 12, part 13, 14, 15, 16, 63, 77 27987 Ward 4 1 18, 19, 20, part 21, 39, 64, part 67, 75, 84, 85 25059 Population estimates were used when the proposed Ward boundaries split census blocks. In these cases,total population estimates were calculated by multiplying the number of homes affected by the proposed boundary change by the average household size for that census block. Additionally,population by race was estimated by applying the percentage of each race within the total census block to the estimated population mentioned above. Figures that are estimates or that are based on estimates are indicated on the following tables. Proposed change#1 would add to Ward 2 and take away from Ward 1 an estimated 184 persons. Popul %White %Black %Asian %Other % Hispanic or ation Latino (included in White) Census Tract 3.02, block 2000 158 * 150* 3 * 3 * 2 * 3 Census Tract 3.02, block 2015 26 24 2 0 0 0 Totals 184 * 94% * 3% * 2% * 1% * 2% * Population estimates for Census Tract 3.02, block 2000 : 60 homes x 2.63 average household size = estimated 158 persons. Race estimates for Census Tract 3.02, block 2000: 95%white, 2% black, 2% Asian, I%other, 2%Hispanic (included in White). Proposed change#2 would add to Ward 2 and take away from Ward 1 an estimated 33 persons. Population % White %Black %Other Census Tract 3.06, block 1001 33 * 33 0 0 Totals 33 * 100 % 0 0 * Population estimates for Census Tract 3.06, block 1001: 14 homes x 2.35 average household size = estimated 33 persons. Proposed change#3 would add to Ward 4 and take away from Ward 3 a total of 37 persons. Population %White %Black % Other Census Tract 12, block 1042 37 5 32 0 Totals 37 13.5 % . 86.5 % 0 Proposed change#4 would not affect Ward 3 or Ward 4. Population % White %Black % Other Census Tract 17, block 1003 0 0 0 0 Census Tract 19, block 3038 0 0 0 0 Census Tract 19, block 3039 0 0 0 0 Totals 0 0 0 0 Estimated 2000 Population per ward AFTER PROPOSED CHANGES Wards 2000 Change Population Ward 1 31206 * -217 Ward 2 29614 * +217 Ward 3 27950 * -37 Ward 4 25096 * +37 *Includes estimated figures. F D LW N <: ELY- A W�P 4 <: I T ! OAKMONT w❑OD CH 77 Li c-Q EDGE- LEIGH L�j �. Lj r-T---D!j N E T LJ z c:1 Z-LJ—L T > LE y I �L:Qj Ei MEOINTJIC L - � �vANCE A ' TEPP4 --J EA L7- E z 3i T H Y,A,s 4SF ELMHE T �T� P,A Y El' I E TATF PLACE LF4 R WARD W 0 Ej D >- U i DERBY <i "J BART N LL- > T RE Ci 1 N A!'-� L2 zi 0 Z LLJ F,]N 'A > +, FAK N E S M IT. C-3 Li I D � = T Li-i I E L I p IF K- �:= D E D,I 2: =-L"I 1 1 ::3:1 SAL C K LJ T -1 <Z <: <ZFIEL1\, ❑❑T z W) L�j BREAD �,d A Y'� r JAR- 0N`wlEEE E, <I DEL AUR E S I�ANIT hIl J— I IL I ILA IT, A DIS i-N LL !AR BEL 4) V) VLNI > BUR�- N C/o 1 1 q —1 It A N L-L i!N P LLIL-1 I I I 1 4/ z W i � Ll- i <T 0- P !ULT11 I, a: R uj,7 -- K loo! Lj LEE LEE c TLRREL z �CEDAP MID RR OL YWE]EID CRICKET CP❑CKF T z1 Ic PIN <T'- n = 177�E N I ',n,�,A- ;-D w E E. ALMA IANNIN NE DL EADNEE I E L EXISTING WARD B❑UNDRY AREA AFFECTED BY P❑POSED WARD BOUNDRY CHANGE ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE BOUNDARIES OF THE WARDS OF THE CITY OF BEAUMONT FOR ELECTION PURPOSES ONLY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS,the City Council has previously established four single member districts for the purpose of electing ward council members; and, WHEREAS, Jefferson County, based on the 2000 Census has amended its voting precinct lines which brings about the necessity to amend the ward boundaries of Beaumont: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the City of Beaumont shall be divided into four (4) wards for voting purposes. The same being: Ward 1 Ward 3 Ward 2 Ward 4 as described in Exhibit "A" attached hereto and made a part hereof for all purposes. The wards described above are shown on the map attached hereto as Attachment 1. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of February, 2003. - Mayor Evelyn M. Lord - JEFFERSON COUNTY VOTING PRECINCTS WARD 1 WARD 2 WARD 3 WARD 4 22 100 77 84 116 *90 1 85 23 17 63 18 88 79 3 39 87 *26 8 19 99 78 10 20 104 27 16 75 2 86 11 *67 68 26 15 *21 4 73 14 64 89 5 12 * 92 7 62 13 6 72 65 * Portion that is within the Beaumont city limits. EXHIBIT "A" 2 February 11,2003 Consider approving an ordinance ordering the General Election to be held on May 3, 2003 and a Runoff Election to be held on May 17, 2003, if necessary I 17EIm~ City of Beaumont qw_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Susan Henderson, City Clerk MEETING DATE: February 11, 2002 AGENDA MEMO DATE: February 4, 2002 REQUESTED ACTION: Council consider an ordinance ordering the General Election to be held on May 3, 2003 and a Runoff Election to be held on May 17, 2003, if necessary RECOMMENDATION Council approve an ordinance ordering the General Election to be held on May 3, 2003, for the purpose of electing Ward Councilmembers for Wards I, II, III and IV; order a Runoff Election, if necessary, to be held on May 17, 2003,jointly with the Beaumont Independent School District and the Port of Beaumont Navigation District BACKGROUND Article IV, Section 3, of the City Charter provides for General Elections to be held to elect Councilmembers on regular election days as established by the Election Code of the State of Texas. The first Saturday in May is the uniform election date established by the City of Beaumont. BUDGETARY IMPACT Estimated expense to conduct an election is estimated at $35,000. Expenses will be shared pro rata with the Beaumont Independent School District. Should a runoff election be necessary, the City of Beaumont would bear the total expense. PREVIOUS ACTION None SUBSEQUENT ACTION The General Election will be conducted May 3, 2003 and a Runoff Election will be held on May 17, 2003, if necessary. RECOMMENDED BY: City Manager and City Clerk RECOMMENDED MOTION: Approve/Deny an ordinance ordering the General Election to be held on May 3, 2003, for the purpose of electing Ward Councilmembers for Wards I, 11, III and IV, and a Runoff Election to be held on May 17, 2003, if necessary,jointly with the Beaumont Independent School District and the Port of Beaumont Navigation District. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 3RD OF MAY, 2003 FOR THE PURPOSE OF ELECTING WARD COUNCILMEMBERS FOR WARDS I, II, III, AND IV; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; ORDERING A RUNOFF ELECTION IF NECESSARY TO BE HELD ON THE 17TH DAY OF MAY, 2003; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE PORT OF BEAUMONT NAVIGATION DISTRICT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. In accordance with the City Charter,the Constitution,and general laws of the State of Texas, a general municipal election is hereby called and ordered for the first Saturday in May, 2003, the same being the 3rd day of said month, at which election all qualified voters residing within the corporate limits of the City may vote for the purpose of electing Councilmembers to Wards I, II, III, and IV for full terms. Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned positions unless such person has filed his or her sworn application, as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the Mayor, or in her absence, the City Clerk, not later than five o'clock (5:00)p.m. on the forty-fifth day before the date of such election. The City Clerk shall note on the face of each such application the date and time of its filing. A declaration of write-in candidacy must be filed with the City Clerk as provided by Section 146.054 of the Texas Election code, not later than five o'clock (5:00) p.m. on the fortieth (40th) day before election day, except as otherwise provided in the case of a deceased or ineligible candidate. Section 3. Said election shall be held jointly with the Beaumont Independent School District and the Port of Beaumont Navigation District in accordance with Chapter 271 of the Texas Election code; and the City Clerk of the City of Beaumont, Texas, agrees to coordinate, supervise, and handle all aspects of administering said joint election in accordance with the provision of the Texas Election Code and as outlined in their terms of agreement contained herein: a The expenses of the election shall be divided with each governmental entity paying an equitable share of said expenses. b Single ballot forms shall be used which shall contain the Councilmembers' positions, Beaumont Independent School District trustees' positions, and the Port of Beaumont Navigation District Commissioners' position. c The herein-named election officers shall conduct the elections in said election precincts. d Records for all elections shall be combined. e One set of ballot boxes shall be used for all elections. f Election returns shall be made on joint forms but the City Council of the City of Beaumont shall canvass the returns of the General Municipal Election. g The City Clerk fo the City of Beaumont is designated custodian of all records and of the voting ballots. h Early voting shall be held jointly, and the City Clerk of the City of Beaumont shall serve as the joint early voting clerk. The joint early voting shall be conducted during the hours, including any extended or weekend hours, at the early voting place or places at which the early voting clerk regularly conducts early voting for the City. The regular early voting clerk shall receive applications for early voting ballots to be voted by mail in accordance with Texas Election Code, Section 81.001, et. Seq. The remaining procedures for conducting early voting by mail shall be completed by the City Clerk of the City of Beaumont. i Each participating entity will be responsible for all required elections orders, resolutions, notices, and any other pertinent documents required by its respective governing body, including making the submissions required by the Federal Voting Rights Act of 1965 and any other changes which require pre-clearance by the United States Department of Justice. Preparation of necessary bilingual materials and notices will also be the responsibility of each participating entity. j The judges and clerks shall be compensated at a rate of $6.00 per hour. No judge or clerk shall be paid for more than one hour of work before the polls open and no period of time subsequent to two hours after voting is concluded by all voters offering themselves for voting during regular voting hours. The election official who delivers the returns of the election shall be paid an additional $25.00 provided he/she also returns unused ballots, elections supplies, and ballot boxes when he/she makes delivery of the returns of the election. Section 4. Legally qualified voters residing within Wards I, II, III, and IV in the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s) for each of said wards. Section 5. That said election shall be held in the City of Beaumont between the hours of 7:00 a.m. and 7:00 p.m. at the places listed in Exhibit "A" attached hereto and made a part hereof for all purposes. The persons whose names appear in Exhibit "A"are appointed presiding judges and alternates for the respective polling places with authority to select and appoint clerks. Pursuant to Sections 32.032 and 32.033 of the Texas Election Code,the presiding judge for each election precinct shall appoint a minimum of two (2) clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. Section 6. That notice and order of said election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 7. That an electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election; and the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Mid-County Office Building, 2748 Viterbo Road, Nederland, Texas: Manager of the Central Counting Station, Byron Broussard; Tabulation Supervisors, Paul Helejda and Ken Seholm; Presiding Judge of the Central Counting Station, Betty Braxton, Deputy City Clerk. The official ballots, ballot cards, and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code. Section 8. That the City Clerk is hereby appointed clerk for early voting; and pursuant to Sec. 83.034 of the Texas Election Code, the appointment of Betty Braxton as deputy early voting clerk is approved, said appointment being without additional compensation. The City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduction of the election. Early voting by personal appearance shall be conducted at the City Hall, City Clerk's Office, Room 125, 801 Main Street, Beaumont, Texas, 77701. Early voting ballot applications and ballots voted by mail shall be sent to the City Clerk's Office, P. O. Box 3827, Beaumont, Texas, 77704-3827. The clerk shall keep the said office open for at least eight(8)hours between 8:00 a.m. and 5:00 p.m. on each day for early voting which is not a Saturday, a Sunday, or an official State holiday beginning on the seventeenth (17th),day and continuing through the fourth (4th) day preceding the date of such election; provided, however, except as authorized by Section 85.005(a), Texas Election Code, said clerk shall not permit anyone to vote early by personal appearance on any daywhich is not a regularworking dayforthe clerk's office, and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public. Section 9. That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and two clerks, and the City Clerk may authorize as many additional clerks as are'deemed necessary. Etta Lois Hope 3486 Magnolia, Beaumont,Texas is hereby appointed Presiding Judge of the Early Voting Ballot Board; and she shall appoint the clerks. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on election day. Section 10. In accordance with the Charter of the City of Beaumont and the laws of the State of Texas, a runoff election, if necessary, is ordered to be held on the 17th day of May, 2003, between the hours of 7:00 a.m. and 7:00 p.m., to be held at the same voting locations within the ward in which a runoff election is required and with the same election officers and judges as the general election. Notice and order of said runoff election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 11. If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the Mayor shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 12. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas Election Code. The City Clerk shall post a notice in her office, at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the time and place of the drawing, and shall also give personal notice to any candidate who makes written request for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each candidate involved in the drawing, or a representative designated by the candidate, shall have a right to be present and observe the drawing. Section 13. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 14. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of February, 2003. Mayor Evelyn M. Lord ATTEST: Susan Henderson, City Clerk EXHIBIT A-2003 GENERAL ELECTION ORDINANCE PRECINCT POLLING LOCATION JUDGE ALTERNATE 001 French Elementary School Don E. Hegele Yvonne Smith 3525 Cleveland Avenue Beaumont, TX 77703 002 Smith Middle School Bettye Desoto Louis DeSoto 4415 Concord Beaumont, Texas 77703 003 Brown Alternative Center Etta Lois Hope Thelma Fielder 1900 Pope Beaumont, Texas 77703 004 Administration Building Dr. Bruce Drury Cherry Ford 3395 Harrison Avenue Beaumont, Texas 77706 005 Caldwood Elementary Jimmie O Neal Dolorous Kelley 102 Berkshire Lane Beaumont, Texas 77707 006 Central Senior High School Celeste Johnson Mary Sue Williams 88 Jaguar Beaumont, Texas 77702 007 O. C. "Mike" Taylor Career Judy Boutte Jean Runnels Center 2330 North Beaumont, Texas 77702 008 Magnolia Baptist Church Melissa Sweet Jo Helen Stevens 2830 Pine Street Beaumont, Texas 77703 10 McCabe Roberts Ave. Nannette Cantue Leslie Cantue United Methodist Church 1205 Roberts Ave. Beaumont, Texas 77701 11 Jefferson County Rose Marie Owens Lorenzo Owens Courthouse 1149 Pearl Beaumont, Texas 77701 012, 013 Dunbar Elementary Revordia Williams Dora Chatman 825 Jackson Beaumont, Texas 77701 014 Ogden Elementary School Lillian Frye Marilyn Frazier 2300 Victoria Beaumont, Texas 77701 015 King Middle School Annie Pumphrey Olivia Gonzales 1400 Avenue A Beaumont, Texas 77701 016 Fletcher Elementary School Herman Davis, Jr. Darren Bergeron 1055 Avenue F Beaumont, Texas 77701 017, 026, 090 Municipal Airport Donna Hargraves Bobbie Watson 455 Keith Road Beaumont, Texas 77713 018 Ozen High School Dorothy S. Thomas Levora Anderson 3443 Fannett Road Beaumont, Texas 77705 019 BISD Administration, Annex Leonie Bodin Leo Lemell 1025 Woodrow Beaumont, Texas 77705 020 Pietzsch Elementary Grace DeMary Isadora Thomas 4301 Highland Avenue Beaumont, Texas 77705 022 Guess Elementary School Vickie Clement Kathie Walker 8055 Old Voth Road Beaumont, Texas 77713 023 Rosedale Baptist Church James Boykin Karlene Boykin 7110 Concord Beaumont, Texas 77708 027, 078, 086 Amelia Elementary Huberta Maynor Maydell Janecka 565 South Major Drive Beaumont, Texas 77707 039 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont, Texas 77705 062 Sallie Curtis Elementary Ward McCurtain Edna McCurtain 6225 North Circuit Beaumont, Texas 77706 063 Lucas Elementary Thelma Nobles Sallie Cannon 1750 East Lucas Beaumont, Texas 77703 064, 092 Beaumont Community Players Mary B. Francis Leona Moore 5515 Phelps Beaumont, Texas 77705 065 Regina-Howell School Peter J. Bevlaqua Verna Bevlaqua 5850 Regina Lane Beaumont, Texas 77706 066, 025 Bevil Oaks Civic Center Mildred J. Jones Deborah Olson 7390 Sweetgum Road Beaumont, Texas 77713 067, 021 South Park Middle School Viola Koenig Marjorie Applebach 4500 Highland Avenue Beaumont, Texas 77705 068 Austin Middle School Bobby T. Cowart Dot Wilkerson 3410 Austin Beaumont, Texas 77706 072 West End YMCA Tonia Garrett 3625 Dowlen Road Beaumont, Texas 77706 073 George Marshall Middle School Ella Sanders John Clayton 6455 Gladys Beaumont, Texas 77706 075 Lamar University, McDonald Willie Marrou Janice R. Marrou Gym 4400 MLK, Jr., Pkwy. Beaumont, Texas 77705 077 St. Pius X Church Schieketha E. Lois Simmons 5075 Bigner Road Simmons Beaumont, Texas 77707 079, 100 Tennis Center John Mistrot Mary Malone 6455 College Beaumont, Texas 77707 084 Fehl School Ora Magee Carolyn Calhoun 3350 Blanchette Beaumont, Texas 77701 085 OCAW Hall Alice Dyes Verlene Davenport 2490 South 11th Street Beaumont, Texas 77701 087, 088, 099 Pine Burr Baptist Church Mary Ehrensberger Paula Legendre 5095 Bine Burr Beaumont, Texas 77708 089 Ridgewood Retirement Center Ruth Cole Laura Wheeler 2520 IH 10E Beaumont, Texas 77703 104 Wesley United Methodist Helen Stone Eloise Stone 3890 Dowlen Road Beaumont, Texas 77706 116 Southern Star Gymnastics Oleta Holmes Lenora Caffey 7595 Highway 105 Beaumont, Texas 77713 EVB Beaumont City Hall Kathie Walker 801 Main Street, Room 125 Beaumont, TX 77701 EVB Beaumont City Hall Etta Lois Hope 801 Main Street, Room 125 Beaumont, TX 77701 3 February 11,2003 Consider authorizing the City Manager to increase the Eleventh Street Interceptor Rehabilitation Project amount for"extra work" City of Beaumont Council Agenda Item � : . ` g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: February 11, 2003 AGENDA MEMO DATE: February 3, 2003 REQUESTED ACTION: Council approval ofa resolution authorizing the City Manager to increase the Eleventh Street Interceptor Rehabilitation Proj ect amount for "extra work." RECOMMENDATION Administration recommends approval of increasing the Eleventh Street Interceptor Rehabilitation Proj ect amount by $227,987 to remove and replace 360 linear feet of 60-inch sewer pipe including all appurtenances such as tying to existing lines,replacing manholes,replacing storm sewer crossings,bypass pumping and replacing the pavement on the intersection of Eleventh Street and Washington Boulevard. BACKGROUND The existing sewer lines built in 1960 have deteriorated and require maj or rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines,restore the carrying capacity,and provide customers with uninterrupted and adequate service. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Capital Improvements. PREVIOUS ACTION Resolution 01-151 in the amount of$2,305,113 was passed by City Council on June 19, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to increase the Eleventh Street Interceptor Rehabilitation Project amount for "extra work." Agendal 1thStsk.wpd February 4,2003 APPROVAL OF CONTRACT CHANGE Change Order No. 1 Date:January 31,2003 Project: City of Beaumont Eleventh Street Interceptor Rehabilitation Owner: City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor: Allco,Inc. P.O.Box 3684 Beaumont,Texas 77704 To the Owner: Approval of the following contract change is requested. Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to replace 360 linear feet of 60-inch sanitary sewer lines,tie to 2 existing lines,remove and replace I manhole,remove 427 square yards of existing concrete paving,remove and re-install 1 storm sewer crossing,saw 200 linear feet of 6-inch concrete,saw 475 linear feet of 12-inch concrete,install 312 tons of limestone rock bedding,install 2610 tons of 1.1 sack/ton cement stabilized sand,install 156 square yards of 6-inch concrete paving,install 268 square yards of 12-inch concrete paving,install 120 linear feet of concrete curb,and provide the necessary bypass pumping and traffic control on the intersection of Eleventh Street and Washington Boulevard. ORIGINAL CONTRACT AMOUNT $2.305,113. THIS CHANGE ORDER: Description Net Chance Remove and replace 360 linear feet of 60-inch Hobas pipe supplied by the City. +$ 66.960. "fie new sanitary sewer lines to 2 existing lines. + 9,800. Remove and replace I manhole provided by the City. + 5.000. Remove 427 square yards of existing concrete paving. + 6.832. Remove and re-install 1 storm sewer crossing. + 4.950. Saw-cut 200 linear feet of 6-inch concrete. + 2.000. Saw-cut 475 linear feet of 12-inch concrete. + 9,025. Install 312 tons of limestone rock bedding. + 10.920. Install 2610 tons of 1.1 sack/ton cement stabilized sand. + 52,200. Install 156 square yards of 6-inch concrete paving. + 7.800. Install 268 square yards of 12-inch concrete paving. + 25,460. Install 120 linear feet of concrete curb.. + 1,440. Bypass Pumping. + 17,000. 60-inch plug for bypass pumping. + 8,600. TOTAL AMOUNT OF THIS CHANGE ORDER: $227.987• TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $2,533,100. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed" Recommended By: Approved By: Accepted By: - �" --�!- W '` -tom Joseph G.Nla�dalani,P.E. City of Beaumont Allco,Inc. Water Utilities Manager Owner Contractor Date: 7._ Date: Date: 4 O 4 February 11,2003 Consider approving a resolution in support of a request to Carole Keeton Strayhorn, Texas State Comptroller of Public Accounts,for an Organizational Structure and Financial Management Review (FMR) of the City departments City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: February 11, 2003 AGENDA MEMO DATE: February 6, 2003 REQUESTED ACTION: Consideration and adoption of a resolution in support of a request to Carole Keeton Strayhorn, Texas State Comptroller of Public Accounts, for an Organizational Structure and Financial Management Review(FMR) of the City departments. RECOMMENDATION The Administration requests approval of a resolution requesting the State Comptroller to perform a FMR of the City departments. BACKGROUND A FMR is an on-site review of the local government financial and/or managerial operations conducted by a team of Comptroller analysts and certified public accountants. FMRs are not financial audits. These reviews determine the extent to which local government operations comply with state law and principles of sound accounting and internal control, identify opportunities to maximize governments' efficiency and effectiveness, and in some cases, recommend improvements in customer service. The Comptroller's office conducts these reviews at no cost to local governments. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer RECOMMENDED MOTION Approve/Deny a resolution in support of a request to Carole Keeton Strayhorn, Texas State Comptroller of Public Accounts, for an Organizational Structure and Financial Management Review(FMR)of the City departments. 5 February 11,2003 Consider approving a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-VII City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: February 11, 2003 AGENDA MEMO DATE: February 3, 2003 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-VII. RECOMMENDATION Administration recommends approval of a contract with PM Construction,Houston,Texas,in the amount of$1,042,988 to rehabilitate 21,214 linear feet of 6-and 8-inch sanitary sewer lines,3,764 linear feet of 10-and 12-inch sanitary sewer lines,remove and replace 94 manholes,furnish and install 9 clean-outs, and replace 477 service connections in the Caldwood Addition. The MBE goal will be met through subcontracts with the certified MBE firm of Texas Mechanical Specialty, Inc., for a total of$104,299.80. This amount represents 10 percent of the total bid. BACKGROUND The existing sewer lines installed in 1960 have deteriorated and require major rehabilitation. The primary goals ofthe project are to restore the integrity ofthe sanitary sewer lines,restore the carrying capacity, and provide customers with uninterrupted and adequate service. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Operating Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-VII. Agenda ContractVIIsk.wpd February 4,2003 BID TABULATION SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT-VII BID OPENING DATE:THURSDAY,January 30,2003 @ 2 PM The Bid Proposals submitted have been reviewed,and to the best of my knowledge this Is an accu to tabulation of the bids received B OJC l'1 4. "-/,-J,I h '! Z 1103 eph .Majdalani,PAE.,Water files Manager Date:30/01/03 ITEM QUANTITY PM CONSTRUCTION& BRYSTAR ALLCO,INC, TROY CONSTRUCTION KINSEL INDUSTRIES,INC. NUMBER REHAB,L.P. CONTRACTING INC. BEAUMONT,TX L.L.P. HOUSTON,TX HOUSTON,TX BEAUMONT,TX T.W.HARRISON HOUSTON,TX RICHARD CROXTON JOSEPH MITCHELL BRYAN PHELPS GLEN CRAWFORD UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 1 $5000.00 $5000.00 $1200.00 $1200.00 $35,000.00 $35,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 ITEM NO.2 846 $25.00 $21,150.00 $28.50 $24,111.00 $30.00 $25,380.00 $27.09 $22,918,14 $42.00 $35,532.00 ITEM NO.3 20,368 $27.00 $549,936.00 $29.50 $600,856.00 $34.00 $692,512.00 $29.29 $596,578.72 $32.00 $651,776.00 ITEM NO.4 3645 $32.00 $116,640.00 $32.00 $116,640.00 $36.00 $131,220.00 $36.32 $132,386.40 $37.00 $134,865.00 ITEM NO.5 119 $38.00 $4522.00 $38.00 $4522.00 $38.00 $4522.00 $53.50 $6366.50 $40.00 $4760.00 ITEM NO.6 94 $1800.00 $169,200.00 $1800.00 $169,200.00 $1965.00 $184,710.00 $2570.00 $241,580.00 $2600.00 $244,400.00 ITEM NO.7 9 $400.00 $3600.00 $330.00 $2970.00 $1000.00 $9000.00 $794.00 $7146.00 $500.00 $4500.00 ITEM NO.8 477 $350.00 $166,950.00 $400.00 $190,800.00 $400.00 $190,800.00 $642.00 $306,234.00 $600.00 $286,200.00 ITEM NO.9 1 $5000.00 $5000.00 $500.00 $500.00 $750.00 $750.00 $3000.00 $3000.00 $1000.00 $1000.00 ITEM NO.10 1 $1000.00 $1000.00 $1.00 $1.00 $1000.00 $1000.00 $3000.00 $3000.00 $1000.00 $1000.00 TOTAL $1,042,998.00 $1,110,800.00 $1,274,894.00 $1,344,209.76 $1,389,033.00 METHOD T.T.TECHNOLOGY T.T.TECHNOLOGY LINEBACKER T.T.TECHNOLOGIES(AIR) PIPE BURSTING TRENCHLESS PIPE LINEBACKER REPLACEMENT SYSTEM (HYDRAULICS) BID TABULATION SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT-VII BID OPENING DATE:THURSDAY,January 30,2003 @ 2 PM The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an acetyakite tabulation of the bids received By lC L/ 1. !� r�� t K,,/ Z ;1b 3 oseph .Majdalani,Pl.,Water lities Manager Da e:3 /01/03 ITEM QUANTITY HORSESHOE NUMBER CONSTRUCTION HOUSTON,TX JERRY STRINGER UNIT PRICE TOTAL ITEM NO.1 1 $2500.00 $2500.00 ITEM NO.2 846 $40.00 $33,840,00 ITEM NO.3 20,368 $40.00 $814,720.00 ITEM NO.4 3645 $52.00 $189,540.00 ITEM NO,5 119 $100.00 $11,900.00 ITEM NO.6 94 $2500.00 $235,000.00 ITEM NO.7 9 $300.00 $2700.00 ITEM NO.8 477 $350.00 $166,950.00 ITEM NO,9 1 $3000.00 $3000.00 ITEM NO. 10 1 $4000.00 $4000.00 TOTAL $1,464,150.00 METHOD T.T.TECHNOLOGY CITY OF BEAUMONT CD SCHEDULE OF MBE PARTICIPATION (SCHEDULE C) m CS) C.) Date of Report 1-29-03 Project No- .(X?NI'RACT VII `-" CONSTRI-11-7iLU & 18, L.P. Total Contrast Amount 31,042, 99$.00 Location BF`�' P• T Nerve of Prime Contrrretorlhnpwi J er N W Lo NAME OF M NORTT Y TYPE OF WORK(ELECTRICAL,PAVING,ETC.) PROJECTED Co CONTRACTOR AND CONTRACT HEMS OR PARTS THEREOF COMMENC'.HIygrNT& AGREED ADDRESS TO BE PERFORMED COMPLETION DATE LTI TEXAS ]IC AL PR=8401 RLE�IETP ROAD SUPPLIER © ��9• ' BEAUM M, I'K 77720 MAY.- gon � D v 3 n O Z fn 7.7 C 0 A H Z The undersigned will errta into a formal agreemmt with MBE Coatractars for work listed in this schedule ooaditiaaed t4xm execution of a oontrect with the City of BeauanorLL NOTE: 1. Any business listed above must have 8chednle A on file with the City. 2. Schedule C is to be included with bid,and resubmitted at 5VA and 100%of projed comple caL Signature SR. VICE P'RESIDERr Title D G) M 31 m N WORK SESSION * Proposed Modified Staffing Plan and Hiring Freeze owINTER-OFFICE MEMORANDUM IL City of Beaumont, Texas Beaumont Fire Department Date: January 31, 2003 To: Kyle Hayes, City Manager From: Michel G. Bertrand, Fire Chief Subject: Proposed Modified Staffing Plan and Hiring Freeze COMMENTS Due to City budget constraints,I have researched methods of reducing overall and overtime costs in the Beaumont Fire Department. Background The Suppression Division is allocated 211 firefighters divided into 3 shifts.There are currently four vacancies and two personnel on long term light duty assignments, which reduces the number to 205. This averages to 68 personnel per shift.Each day,there are 10 personnel off duty on"Kelly Day"(an FLSA adjustment tool to maintain a 48 hour work week)and an average of 8 off duty per day on vacation. This reduces the daily level to 50 personnel. With an average of 2 to 4 firefighters off per shift on sick leave and for other reasons,daily staffing levels may fluctuate from below 47, up to 52 personnel. Following are the proposals; Hiring Freeze- Six Positions The Fire Department currently has four(4)Grade I vacancies. I propose to keep those positions open, including the next two(2)positions that become available.This would be a total of six(6)positions not filled until such time the City is able to strengthen its current financial position. With planning to hold open the next two positions that become vacated, the total number assigned to suppression reduces to 203, which averages to just above 67 personnel per shift. Without anyone on sick or other leave, optimal daily staffing would be 50 personnel available for fire suppression duty. Overtime may still be incurred when staffing shortages occur due to sickness, specialized training schools,EMS training requirements, or various other reasons. Reduce Minimum Staffing Level In order to reduce overtime, the minimum staffing level will have to be reduced. It is currently set at 47, meaning, if levels of personnel reporting to work fall below 47 on any given day, off-duty personnel are called in at the overtime rate to bring levels up to the minimum of 47. I propose reducing the current level of 47 to 45. Doing so would require placing apparatus out-of-service from time to time, as well as the movement of personnel to fill in unanticipated shortage areas.Calling in personnel on overtime will not be required unless the level falls below 45.Department records indicate that in 2002, levels dropped below 45 a total of 25.5 times, or about 7% of the time. In comparison to the current staffing level, levels dropped below 47 a total of 28%of the time,which necessitated overtime expenditures. Proposed Modified Staffing Plan and Hiring Freeze Page 2 Current Staffing Plan Council was presented the current staffing plan at the October 5, 1999 meeting. The plan requires 50 personnel to fully staff all apparatus.A new aerial truck,Quint 9,was purchased and placed in service on January 30,2003.This single pumper/aerial apparatus consolidated the services of a fire engine and an aerial truck at Fire Station No. 9, located at 7010 Gladys. However, there is another apparatus at Station 9, a rescue unit, which is a suburban type vehicle,that is utilized if enough personnel are on duty to staff all equipment.This rescue unit is one of three suburban style vehicles that is utilized city wide to primarily respond to medical incidents.Therefore,even with the consolidation, it still requires 50 personnel to staff all apparatus. The current plan requires that when staffing levels drop to 49 or 48,a unit at Station 9,Rescue 57(suburban)is placed out-of-service,and those personnel are reassigned.If the level drops to 47,in addition to the suburban being placed out- of-service at Station 9,one firefighter is taken off of Truck I(pumper/aerial),located at 747 College St.,and reassigned. By reassigning one person off of Truck 1, it can only be used as an aerial. If the level falls below 47, personnel are called in to fill in at overtime rates. The following table illustrates adjustments made when staffing levels fall below 50. CURRENT STAFFING PLAN On-duty Number of Personnel Below Apparatus Taken Out-of-Service for Personnel Staffing Level Full Staffing Reassignment to other Apparatus 50 0 None 49 1 Rescue 57(Suburban) 48 2 Rescue 57(Suburban) 47 3 Reassign F.F.off Truck 1 (pumper/aerial) 46 4 1 Call in off-duty personnel Proposed Modified Staffing Plan The minimum staffing level will now be set at 45 personnel. Anytime levels fall below 45,off-duty personnel will be called in to fill in at the overtime rate.Full utilization of all apparatus requires 50 personnel.If the level falls to 49 or 48, Rescue 57 (suburban) would be placed out-of-service, and the two personnel assigned to that unit would be reassigned.If the level falls to 47,a firefighter would be reassigned off of Truck I(pumper/aerial).At this point,there is no change in the staffing policy when comparing the Current with the Modified plan. If the level falls to 46 or 45, an aerial/rescue will be placed out-of-service,and the two firefighters assigned to that aerial/rescue will be reassigned. The aerial/rescue taken out-of-service may be Snorkel 7(aerial),Rescue 50(Suburban)located at 1710 McFaddin or Truck 3 (aerial),Rescue 56 (suburban), located at 805 Woodrow. Proposed Modified Staffing Plan and Hiring Freeze Page 3 The following table illustrates adjustments made when staffing levels fall below 50. PROPOSED MODIFIED STAFFING PLAN On-duty Number of Personnel Below Apparatus Taken Out-of-Service for Personnel Staffing Level Full Staffing Reassignment to other Apparatus 50 0 None 49 1 Rescue 57(Suburban) 48 2 Rescue 57(Suburban) 47 3 Reassign F.F. off Truck 1 46 4 Snorkel 7(Aerial) Rescue 50(Suburban) or, Truck 3 (Aerial) Rescue 56(Suburban) 45 5 Snorkel 7/Rescue 50 or Truck 3/Rescue 56 44 6 Call in off-duty personnel Budgetary Impact Based on the annual salary and benefits of an entry level Grade I firefighter at approximately$39,500, freezing six positions should realize a savings of$237,000 per year. Additionally, based on figures 2002, overtime is projected to be reduced by approximately $100,000 by reducing the minimum staffing level from 47 to 45. This would equate to a total estimated annual savings to the city of$337,000. Summary Although I have recommended closing a fire station in the past,new legislation over the past few years,such as Senate Bill 382, have changed strategies in the fire service. The closing of fire stations now, would greatly impact response strategies in a negative way.A component of SB382 mandates a 2in-2out team at a fire scene. Simply stated,this Fire Department complies with the mandate by responding with an additional crew to a fire incident which was not required prior to the Bill.This established practice makes it more important now,than ever,to maintain the number of stations that are currently in service. The changes I propose will have indirect costs associated with them. If rescue units (suburbans)are temporarily out of service, other apparatus will have to respond to medical calls in their place,thus increasing the volume of calls for the other apparatus. Additionally, fire calls may be received when these fire apparatus are on medical calls, forcing responses from out of district apparatus,which will require longer response distances and delays in response times for assistance on the fireground. As stated previously, with an average of 2 to 4 firefighters off per shift on sick leave and for other reasons, daily staffing levels will fluctuate.This plan requires as many firefighters to be on duty as possible.Fire administration will take an active role in insuring staffing levels remain as high as possible.This will be done by schedule management and sick leave verification.Additionally,in efforts to reduce overtime expenditures, some fire prevention services,such as safety programs or speaking engagements, will no longer be conducted after hours or on weekends, except on a very limited basis. First responder calls must also be re-assessed for necessity of a fire engine at certain medical calls. Reducing responses to non-critical calls will help to maintain apparatus in service. The firefighters of Beaumont are a dedicated and hard working group entrusted with delivery of quality services to the citizens. Overall,this plan will continue to provide quality service and adequate fire protection to the community. WORK SESSION * Sale of Central Park Property fINTER-OFFICE MEMORANDUM City of Beaumont,Texas m m Central Services Department Date: February 6, 2003 To: Kyle Hayes, City Manager From: Kirby Richard, Central Services Director Subject: Sale of Central Park Property COMMENTS Attached is a copy of a letter from Mr.C.Scott Mann,Jr.,an attorney representing Baptist Hospitals of Southeast Texas(BHSET),indicating interest in the purchase of land adjacent to hospital property along College Street(Attachment No. 3). The tract of land is owned by the City and is a portion of the old Central Park site. BHSET is interested in purchasing approximately 24,570 square feet of land adjacent to the southeast corner of their property(Attachment No. 1). The tract measures 78 feet along College Street, and 315 feet along the eastern border of BHSET property(Attachment No.2). It is the land between the armory's current parking lot and the east line BHSET's property,and from the south line of the 4.07 acre tract previously sold. Plans are to use the additional property to expand parking for the hospital complex. Currently, the property is included in a lease agreement with the Texas National Guard Armory (TNGA). TNGA leases a 2.5 acre tract from the City in the 3000 block of College Street for a training facility of a unit of the Texas National Guard. A lease agreement has existed between the City and TNGA since 1965. The current agreement, dated November 1984, gives TNGA an exclusive right to the property until 2015. Extensions of the agreement must be made in five(5)year increments. Both the City and Mr. Mann have consulted with the Texas Military Facilities Commission(TMFC) in Austin concerning the proposed sale ofproperty. Ms. Tina.Burford,Real Property Manager with TMFC,stated that if the local armory was not in need of the property,they would graciously release their rights to the land. They would need a letter from the City stating its desire to sale the property for other uses. This letter would be presented to the Commission's Board in March for final approval. Sale of Central Park Property February 6, 2003 Page 2 Also,a cursory review of the property's title indicates that it is Central Park property. Although the property has not been used by the public for recreational purposes since prior to 1967,State statutes prohibit the sale of park property by a municipality unless the issue of the sale is submitted to the voters at an election, and is approved by a majority of the votes received. State statutes also require the property to be conveyed through a competitive bid process. If approved by the voters, competitive bids will be received from the general public and the property sold to the highest successful bidder. During 2001,the City sold a 200-foot wide strip of land bordering the western boundary of Central Park to BHSET for$575,000. BHSET was awarded the sale through a competitive bid process. The 4.07 acre tract sold for approximately$3.24 per square foot. Using this price to estimate the value of the land requested,the sale of the property could generate approximately$80,000. Prior to entering into a competitive bid process, a formal appraisal of the property would be recommended to ascertain the market value, and to set a minimum bid requirement. To proceed with this request, City Council approval is requested. If the Council is interested in pursuing the sale of land, City staff will proceed with making a formal request to the TMFC to exclude the desired property from their lease agreement. Steps will also be taken to acquire an appraisal of the tract to determine its appropriate value. When available, this information will be presented to Council to determine if submitting the sale of Central Park property to the voters in a general election is appropriate. Attachment No. 1 Texas National Guard Armory (Southern Exposure): gg- } _ t t-a 5 ,z e'.-max• J . n Subject Property (Southern 78 Feet): i Attachment No. 2 CEDAR ti 9 F MP RR CILLYWOOD CROCKETT vU o CR7C = Z J W. BRENIIAM E �uj PROPOSED SALE FANNIN F OF 5 G CENTRAL PARK M g Central ° " MEDICAL P- C Park ENTER PROPERTY QC Q F7 W 9G � U � ~ ~ O = JO Ctil 1-di I BLANCH E v z F C" uj LEGEND BOU AR Q LI AR %�j _ Q W Q Q d SUBJECT PROPERTY LOCATION MAP N.T.S. FANN/N STREET 9w-low R CENTRAL P,4RrY olz i W W.1.zn�v N.T.S. o g BEST YEARS CENTER b b Yq p� 127-0 781-0 U.S. GOVERNMENT AREA=0.565 ACRE5 4TH ARMY 4 X arm 5.1 8 �� G� TEXAS iq a 91,NGUARDL � 0� o CONCRETE PARRNG LOTk N SPW'51'S N @9'6@ 61'8 sALes• 2W.37, 1O8--0 COLLEGE STREET START-NRP.dwg GERMER9 BERNSEN & GERTZ, L.L.P. Attachment No. 3 Win..., ATTORNEYS AT LAW C.SCOTT MANN,JR.* P.O.Box 4915 Partner Direct Line:(409)654-6770 Beaumont,Texas 77704 csmann @germer.com *Bowan CERTIFIED SPECIALIST, Telephone:(409)654-6700 TEXAS BOARD OF LEGAL SPECIALIZATION: 11��,,ii�.... Telefax:(409)835-2115 COMMERCIAL REAL ESTATE LAw E-ivimu postmaster @germer.com'WEB PAGE:www.gerrner.com RESIDENTIAL REAL ESTATE LAW January 28, 2003 Via Hand Delivery Mr. Kyle Hayes City Manager CITY OF BEAUMONT 801 Main Street, Suite 300 Beaumont, Texas 77701 Re: Texas National Guard Property Dear Kyle: We represent Baptist Hospitals of Southeast Texas, a Texas non-profit corporation ("Baptist"). Baptist is interested in purchasing a tract of land owned by the City of Beaumont (the "City") which was leased by the City to the Texas National Guard Armory Board by written lease dated June 1, 1966, recorded in Volume 1474, page 568 of the Deed Records of Jefferson County, Texas. I have attached a copy of this lease for your review. The lease had an original term that began on November 15, 1965, and terminated on November 15, 1985. The lease could be extended for an additional 20 years on the same terms and conditions. Since a Texas National Guard Armory is located on the land covered by the lease, I am presuming that the lease was extended for 20 years and will now expire on November 15, 2005. The lease covered a 2.50 acre tract. At the present time, the armory is built such that the parking area on the west side of the armory is some distance from the east line of the property owned by Baptist. As you may recall, Baptist acquired a 4.07 acre tract from the City out of Central Park to the north after approval at an election held in May of 2001. Baptist is now interested in buying the land between the armory's current parking lot and the east line of Baptist's property and from the south line of the 4.07 acre tract to College Street. I have attached a copy of a plat of the property covered by the lease with the approximate location of the land that Baptist would like to purchase. It appears to have a depth of approximately 315.75 feet from College Street and its width is unknown at this time. If the City intended on going forward, Baptist would have to have the property surveyed. GERMER,BERNSEN&GERTZ,L.L.P. Three Allen Center-333 Clay-Houston,Texas 77002•(713)650-1313 Tax(713)739-7420 GERMER,BERNSEN GERTZ,BEAMAN&BROWN,L.L.P. 301 Congress Avenue Suite 1825-Austin,Texas 78701 •(512)472-0288 Tax(512)472-0721 GERMER,BERNSEN GERTZ,BEAMAN&BROWN,L.L.P. 14101 Highway 290 West Building 1300-Austin,Texas 78737•(512)894-4888-Fax(512)894-4166 DOCS-#185869-v l-Letter_to_Ky(e_Hayes_City_Manager.DOC Mr. Kyle Hayes January 28, 2003 Page 2 of 2 I have contacted the Texas Military Facilities Commission ("TMFC") in Austin. The representative of the TMFC that I spoke to told me that its board meets in March and will consider action on abandonment of the lease for the property that Baptist is interested in buying as long as the City desires to sell the property to Baptist. The TMFC has requested that I get a letter from the City expressing its desire to sell property if it is released from the lease. Mike Bowers of Baptist has been in touch with local officers at the armory who have told him that the National Guard does not use the property in question. If the City is interested in moving forward with the sale of the property, please send me a letter indicating your interest in selling to Baptist if the TMFC agrees to terminate the lease on the property to be sold. Baptist would purchase the property under similar procedures to those used when it bought the 4.07 acre tract. Since the property has not been used as park property for a number of years, it may be that an election will not be necessary. If the City is interested in pursuing this further, we will make a prompt determination of the necessity of an election. tract. In any event, the property would have to be put out for bids as in the case of the 4.07 acre Please give me a call with any questions, and I look forward to hearing from you. Sincerely yours, GERMER, BERNSEN& GERTZ, L.L.P. By: C I4�-"Enclos C. Scott ann Jr. Enclosure cc: Lane Nichols (w/enclosure) Kirby Richard (w/enclosure) Mike Bowers (w/enclosure) David Parmer(w/enclosure) Wilson Weber(w/enclosure) Louis Ferguson(w/enclosure) DOCS-#185869-vI-Letter_to_Kyle_Haye_City_Nl=ager.DOC i` i aheraia'expt MOM 01, � Thence.SOath``44°14' !fit to oosf°refi`.aar�xet M�36 L.:i 2tPa,Northwst Saarnrz:of a .0 ser4'Crut,=catokiafuing'R ! 44°24 us 769.6 data tc Given v concrete mar 'x 1-34, t*r- point of bas To,ing ,- r: treat above d" ass >rtd +�:.e is axQeeted ant'. n>t con- aE�•�� / `�`' iedyed.-the 7011 1:1e*:!AesC.iibed tract: . 57 ,1 ac �mozi ing sub-divided tr=-:ots kn as .4 acres, 16 acres and n�:•, 3 ncz_j_ ..._c: are eacribed as fol.'_ea's. :ray a tQ C. 4' `.Eeginninq at cc..-•crete axkex M-20, which is the Southeast Horner of the Lb.0 at.;. tract out of is survey; STATE OF TE -c r, a tioYth S8054' Epst 71.2 varaa to ma;Kee the Nol:t:nwest COUNTY OF _ eornor of the 3.0- -- -- _ Thence South 31006' East 141 15 varaa c cenCf9+'a wa KEi %-28; the sbuth- irasc ctirner of -':e 3.0 acre t act; appeared _ Thence North 58 054' East 120 va- a o concrete marker M-27, the Southeast the person M eau and ackncwl Niort:,21006 Wee,:-J.41.15 v r ■ to,conerete parker M-26, the North- &at corner of the 3.0 acre trac ; and consid( Given thence North 58°54' East 465.6 eras to c ncrate marker M-25, the South- Oast comer of the 34.0 acre t act; ' "'llietice'I_ h 31°06' West 488. varaa to cone to marker M-24, the North- east corner of this 34.0 acr tract; Thence South 58054' West 5 .25 varaa C(,Kcrpte max%e- M-23; the North- west corner of this 34.E re trnl:te Thencs ;lone,. vz,_ t 24.0 Vamp tc concrete mA--v z;-22; the most Weat�rl} hwamt core. of the 34..0 rule, '.ra:t i^ th® `arth b::unda.ry line ^f the 16.0 acre trsrt, Thence Sou*ti 98 054' Eat 198.55 varaa_ t:� corner matFex :a-=1, the ticrthMert core; .... .... :.� T,-:t tre ~r e tact 1_, Lesso TInence South 31 006• act 164.9 varaa to the plr.co of `.egi.r-ning. ^-ontaininc, sl.11 ages of land. Count;, Texas, �= A 697.11 acre tra wexas+ negi.nning at cc +he most Wester HcGaffey League ?hence South 64' League, at 818. RR Co. Section : -Section No. 126 Southwest corne < _ Thence South 64 ;.- .-. League, at 818. RR Co. Section Section No. 126 THE STATE OF TEXAS Y' b Southwest corne KNOW AT.T. MEN BY THESE PRESENTS: C6!. I!* 01- TiG1F15 Thence North 26 the F.C. McReyn :ee i:: '.a th.e .at d.. of june, 1966, by tine f the being - line of the McG and bet•w,,en the Ci.Ly of Be:um•%nt: me:.`_•si.p:.i. r-•rporatior of tt•, McReynolds SuYV from beginning State of Texas, acting here'..' S ^rd through 1.e. duly authorized Thence North 64 .. ..,ger, (herei.::after •arrrred to as "Lessor") and the Texas and being a But North 44° Natic•r, ;ward Armory Board, a body politic and corporate of the _ 14' tract, this tra ra ly State of Texas, acting herei-: ',y and +'-hrough its ,iuly authorfs...d Cha'.rman and Treasurer (hereine°'Je. referred tc a- "[.essee"): K T a;t it .E 3 a,lr E -T'. H t i to within Per and in consideratic-� of the etm of Ten Dollare ($10.00) r that at the .x fit trrd the cvvena*ta and on�w^?t�oae hs-•oinaYzer recited, Lessor r any eau:ae - has leaned and demised and by these presents does lease and demise 1 buildings, unto Lessee all that certain tract or parcel of land located in mises by said tk:e City of Beavnn , Jefferscr C'c!mty; Texts, and more particular- ing, shower ly described €s f.il.1 ws;.t�- wit: .stalled upon BEG32INING at the southweat'corner of that certain 6.1601 acre tract leased W� the City of Beaumont, Texan to the-United--States of America under supple Rental agreement No. 1 to Lease No. DA-41-243-EnB-_. Texas Nation- 613, same being dated December 11, 1951; THENCE north 031 021 east along the west line of said above mentioned 6.1601 acre tract 315.75 feet to corner; iilitary or- THENCE south 89' 591 west 344.89 feet to corner; .sea, are THENCE south 00° 021 west 315.75 feet to corner; said poiat being 50 feet north of the present north wtent of the line of College Street; terminate THENCE north 89' 591 east along a line parallel with and 50 feet distant from the present north line of Dt icc in writ- College 'street 344.89 feet to the place of BEGINNING. The above dean-ihed tract: contains 2.50 acres, more or lean. TO HAVE AND TO JiOLD seid nrominos unto said Lessee for a esponsible for period of Twenty (20) years commencing on the 15th day of November,,.._., ems of how thu '--� to :r and -g tr ctn d. rf* Ncv..m!--r,.)nAS, and for such the Lessor' fi-ther veriod as this lease may be extended as hereinafter pro standing, that - vided u-cr i+.e 'cll—Ing terms .end-cond-".Llons: nises, nor their• - -: rd Armory Board It is understood and agreed by and between the parties that Lessor is hereto that the above described property may be sublet by the s lawfully ap- Lessee to the Adjutant General of the State of Texas according to is lease. the lEws of this'State)' but in the event Vhe Adjutant General should fcr any .reason fail to pay the rent prescribed in such at the expira- lease, or in the event the Legislature should fail to appropriate 13. have exclusive money for the payment of said rent, then in either of such events, rind of twenty Lessee may sublec the premises to any person whomsoever at the r the exp.iratioa highest rental obtainable; prc,ided, however, that the City of Beaumont, Texas, shall have the first option to sublease such rd any fully exe- premises upon the saae.te:ms and conditions that the property was ufrecL as an ori- subleased prior to the occurrence of ,the events above mentioned and provided further, that when, as and if the bonds issued by the Texas National Guard Armory Board under a Trust Indenture dated April 1, 1913, ss si!ppiemented -rn April. 1, 1958 and as of August :imcr 21, 1963, shall have been fully retired and at such time the prop- L E S S O R erty hareinabove described shall have ceased to have been used for armory `hen upon the occurrence of bath of such con- tingencies, the property. shall then ynd there wholly and absolurely revert to the said City of Beaumont. 1 Lessee agrees to t. rvtdo cantor €.3d newer lines to within D "Yve t51 feet.`of.said rrem._ree. Lessor further agrees that at the }'. . t. ,atior. of this lease,; either by forfeiture- or for any cause ir►� whatsoever, Leaeee may, at its own a:pense, remove all buildings, fixtures and other installations placed upon said premises by said Lessee. The term ^installationa^ shall include she'ving, shower E E baths, lockers, partitions, and all other fixtures installed upon - -- -- said premises by Lessee or by a unit or unite oY"the-Texas Nation-- al Guard. Lessor further agrees that in the event the military or- ganizations, or any one of them, to occupy.said premises, are - ^son- Beau- called into active service by authority of the. Government of the cribed exe- United States, or the State of Texas, the Lessee may terminate pressed, of the this lease upon giving the Lessor thirty (30) days notice in writ- inq. Iday *:..,• 9tato f ".yx r_ ie ^ot and ?::all .ct be responsible for any damage or injury to said leaned prcperty regardless of %ow the �.., same may c2cur during the c-.istance of this lease. This contract 1...co.by and between the Lessor and the Lessee upon the express conl i(.iun and understanding that _ neither the National G�.__ A.•.in=:i.r to uecup, s:,d-;remise,;: nor their. -` arson- officers, nor any members ;;hc. Texas ,,r'--_ =i Guard Armory Board .octal is shall. in a..iwise be persona.-,v ).fable hereunder are- that. lessor is me : nn•.itled to payment only out of State appropriations lawfully ap- a is act plicable to payment of the rentals stipulated in this lease. + V. Yt, is expressly agreed and understood that at the expira- r tion.of the primary term of this lease, Lessee shall have exclusive npti-on to Lease said premises for an additional period of twenty (20) years upon the same terms and con::itions after the expiration of tFe primary term. This contract is csccuted in duplicate, and any Cully exe- person- cued and approved copy small have the force and effect as an ori- ational. e is gir,a.'.. o me on CITY.OF BEAUMONT the act L day - - � - . ��• K. Ste—nheJmer 1�-1 .:�_�!C•C•-a•�-Y'�.`� City Manager .,,�Z•:;yClerk L E S S O R Las TSZAS NATIONAL GUARD ARMORY BOARD ! :y of •ed into :list.• �. + wereti n. S acn .r:,, r Chairmar, "ATTEST c / _ •�ml f rkv�� 1 cab Natioa- Robert L. Pou, Jr. �u Treasurer Parry W L Director L E S S E E of tem sea for an--- - ------ derelaadiag a optios ' (10) years, 'HE STATE OF TEXAS a" said COUNTY OF JEFFERSON after the BEFORE ME, the undersigned authority, cn this day person- .,_. . ally appeared A. K. Steinheimer, City Manager of the City of Beau- mont, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act and deed of the ding, and City of Beaumont. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day and anew of July; 1966. years from y, /J .••:'. :. ueive option �` _,Publi'< ..� Notes c J rasp•. by (20) Count¢¢, Texas. : dtangs and 'ii!;: Sit.TE OF TEXAS r 1966 and COUWT'. OF POTTER: ,ember 1S, BEFORE ME undersigned, the fined authority, on this day person- all- appeared Everett S. Simpson, Chairman of the Texas Natiorial Guard Arm^ry Board, known to use to be the person whose name is subscribed to the fa.•_goimg i.rirtrumert, and acknowledged to me 7CIL he executed the same -ir to ur;, era and consideration h-a_rir'.i expressed, in tho capacity tha;eic•. stated, and as the act "zr+ 'dyed of said Texas: N?.t.icnzl Guam: Amory ?oard. V authorised ••;� 31WN UNDER MY IWND AND SEAL OF =ICE this the today agreement �tr: u].y, 1966. �{(` Lie i�[ f.� � f:�/'-'Y•[(, - t and the Notary Public in and for Potter County, Texas. ;t of land y site. ay, 1966. THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undereigned authority, on this day person- ally appeared Robert L. Pou, Jr., Treasurer of the Texas National. Guard Armory Board, known to we to be the person whose name is subscribed to the fe.^egoing ;.n.strum ert, and acknowledged to me that he executed the same for the purposes and consideration Tcni therein expressed, in the capacity therein stated, and as the act and deed of said Texas National Guard Armory Board. GIVEN UNDER MY HAND AND SEAL OF OFFICE'this the day b ;Ted 7, 1965. �w Notary Public in and for Dallas County, Texas. ���,.L n,� �, 7 a�it��,-k•1r0a 4 Aa, oamda.data of swreataa.23. 1955 ?be City cf a 8ise vow. and the Isseas xatiwsl Qwrd "at:* 0-rd ""ad into a lease a .meat foa �+ 2.SO-sofa trac:C rC Y*i Ott of Ceatraal j S�:ri xTTE3T: ?Aft for use wn it trALain4 facility of a Unit c Lhs 4asas lfati,+n- _ al QUArdI a". _ Marrq ./ t r:!"�•B, :.ke leatoa provided for a primary %*M of t@'+ option- -:ease said promises-for_sa additiov.& ez l DA^ied of too (10) years WOM the areso understaadiai that sack lase@ and any romer^] xb!meef shall contain an spoon ' to lease aai4 premier•: fc? an sdtjtl�ja4, ;eer406 of tan (10) roars. THE STATE OF TEXA -COUNTY OF JEFFER` provided, hVWWr r, that is no event &ball sand Lasses have said BEFORE MI option renewal for more than four (4) ten-Tear porieds after the ally appeared A. Mont, Texas, knov expiration of the primary term; and, to the foregoing cuted the same fc gi b, the prime" tears :Kpirvd Eaveamber 15. 1965 and and in the capaci City of Beaumont. Los&" I" ha+�w toidisC ever undr. an jap'iiev understanding, and GIVEN UNI has WW r'"U64ted htat the original Isis% be duncoL164 and a new of July, 1966. .. leas@ be entered into covering a ptari3Od of twenty (2G) ;ears from and of w 1Ovewber 1Sr 1965. with Lassos having an exclusive option to lea" es.td promises for an additional period of #;Aunty (201 yz°,.rs u;-,a thn zone tees and cozd t+ons; Ana, WHigr>i\S, tM City Council 1■-=gry +.oa. to LF.e change and THE STATE OF TEX a now lease has been prop—:.—ad—came bsl .:meted Jw.7 1, ,.966 -^d COUNTY OF POTTER covering a SO-,:jar period frrra November 15; 1965 to November 15, BEFORE M ally appeared Ev 1985. with the option as afor@a:i4; Guard Armory Boa subscribed to th Now, TrArLV1"E,:1.53.IT R&R-My n.DY_;"•S CITY "r-W-W-Mr that he.executed ; 4w• a. 'E{ ?° -�F"G'�•4� �4 �� ! `f to '�-rte'+ at e`*• t ms's. �s r� i - ",W +u�x ti t _ ��,hy s-i_'•zy e� t.ag �'S.�4� Lit+,it �'.�-+, - �. � .-„•'':`A'• ..e:-�:_.,s..-�-"t'� fi�^.A :: 1'4 fir tt'yh.'*- •.icV .'�..C:,” `�'y}�`,{. v".F."� w.^a• ,�,mot Y +.� i�S-ay'^4 ���S, � � .ice` a�`•.. �� �� -z �+'�' t +. -• -a.�-``..� �. 2c. \ '�'. � ' _ .�.�i'��y'y`•a. `. Z..,. � `..�� 1.?\aka,.�'C 4� ;.�` �-j y!.� a.. -.'1,. e � - i'�:-•�"�7t a ays�� �'c %': ��t a �4'y� a L-L.` �_`5`*lih,��1'�` �L� _� - `` _ � .g+r�',.�'i ti 3'c "�'..'t 'gam' 1""`�'�h i•.wo ,'�� - w_-`�Y�. •,.•�.-a=-.+.--'�.�,_.. — � ,.�,� _ 1.?s•}`w'��'L �cie�t ``�,,,..'�-^''��h.`�`i�^ ty�` ��-,. x'�,-�� 1?��^� �''."���'-•�i�s�'--k`x� -'-- ^``:_ ,� \` ° �a ,-`�"-�+-i\§."°..^��,.� >� < _ .1p-r.,tom.'^ -y��`Z`K-e+.`�.3.,''°' -k: � a? }. ��` `:�'�-''fit •<�-•-L.} e ,,,i� :v 3,'�'���c�4'�i:4�+1.'''-.,y` 1��£ � \ �-•°� �r ���"��ti�,1�„` `: Y�R`�,'��'a`r"1"•,;`Y-•`°r. - 't �`v'� - 1T:., a.--r _ �.7'jhR�'� �isb � X1.4 ��� s.� -3,�.. t �'a,4 ��w v•.`ia t °�1ck ��' ..•'� _ _ q _ - - ',�rZ,u``q�� —Ti.`5�;��s` 'a �.-�H, �,•w.--.� .� �:"\" °��..�w..;_ '�.�-'� ?s�,"t_ �". M.�►.�,: _ _ >,'_ -,'•; UAW lK- City ®f Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 11, 2003 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments Ken Bartos would be appointed to the Parks and Recreation Advisory Committee. The term would commence February 11, 2003 and expire February 10, 2005. (Councilmember Becky Ames) Pollie Dean would be appointed to the Historical Landmark Commission. The term would commence February 11, 2003 and expire February 10, 2005. (Councilmember Andrew P. Cokinos) Ann Rothkamm would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire February 10, 2005. (Mayor Evelyn M. Lord) Bonnie Cokinos would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire February 10, 2005. (Mayor Evelyn M. Lord) Rocky Chase would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire December 4, 2004. (Councilmember Andrew P. Cokinos) Pauline Mouton would be reappointed to the Community Development Advisory Committee. The current term would expire February 10, 2005. (Councilmember Bobbie J. Patterson) Jesus Abrego would be reappointed to the Community Development Advisory Committee. The current term would expire February 10, 2005. (Councilmember Audwin M. Samuel) A) Consider authorizing the City Manager to enter into an agreement with the Texas Department of Transportation(TxDOT)for the construction of a traffic signal at the intersection of FM364 (Major Drive) and Walden Road B) Approve a resolution authorizing the acceptance of one(1) five foot(5')wide and one(1)ten foot(10')wide drainage easement C) Approve a resolution authorizing the execution of a Lease Agreement with Star Enterprise C/o Chevron Environmental Management Company,through their agent BNC Environmental Services,Inc.,for the installation of a groundwater monitoring well on City property D) Approve a resolution authorizing the City Manager to accept grant funding from Southwest Texas University, Center for Safe Communities and Schools to conduct a pilot tobacco enforcement program A Cit y of Beaumont Council Agenda Item .�:Lusim TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: February 11, 2003 AGENDA MEMO DATE: February 3, 2003 REQUESTED ACTION: Council consider authorizing the City Manger to enter into an agreement with the Texas Department of Transportation(TxDOT)for the construction of a traffic signal at the intersection ofFM364(Major Drive) and Walden Road. RECOMMENDATION Administration recommends authorizing the City Manager to enter into an agreement with TxDOT to install a traffic signal at the intersection of FM364 (Major Drive) and Walden Road. BACKGROUND The agreement will allow the City to construct a traffic signal at the intersection of FM 364(Major Drive) and Walden Road. BUDGETARY None. TxDOT will reimburse the City for all labor, equipment and material costs. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Public Works, City Engineer, and Transportation Manager RECOMMENDED MOTION Approve/Deny authorizing the City Manager to enter into an agreement with the Texas Department of Transportation for the construction of a traffic signal at the intersection of FM364 (Major Drive) and Walden Road. Maj Wald.wpd B .N. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 11, 2003 AGENDA MEMO DATE: February 5, 2003 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of one (1) five foot(5')wide and one(1)ten foot(10')wide drainage easement. RECOMMENDATION The owners listed below have agreed to convey the following drainage easements to the City of Beaumont: 1. 5' wide drainage easement — South 5 feet of North 10' of Lot 6, Block 1, Manion Oaks, Section 1 [76 Avenue of the Oaks] Owner: Manuel Mullenax and wife, Jeanette Mullenax 2. 10'wide drainage easement—North 10 feet of Lot 12-A, Block 1, Manion Oaks, Section 4 [57 10 Longwood] Owner: Neil Fogal and wife, Brenda Lynn Fogal Administration recommends acceptance of the easements. BACKGROUND The drainage easements are in conjunction with Drainage District No. 6's project on Longwood and Avenue of the Oaks. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the acceptance of one (1) five foot (5') wide and one (1) ten foot (10) wide drainage easement. drainage_esmt-ib.wpd 5 February 2003 TWO DRAINAGE EASEMENTS 5 FOOT WIDE EASEMENT SUBJECT OUT OF =RE < LOT 6, BLOCK 1 J'"""5 - WFSIOAIE �i5CN001 \� 3 CUNI°4 E 8^° WEDCFWOOO ySti RAM zt ,Ni C y MANION OAKS, SECTION 1 a , '4L M Y ry g - �LIE C? (76 AVENUE OF THE OAKS) �•P�P 4��Pas O�PP / � Mf 7 2 ��� AND < N � RfMOLLw000 tJE m .. E� m n0 U'utEi// WES*NpNy ¢i-'i CcA C. rya AY \ SAR' LE C'MGTfJN scN l 4� 10 FOOT WIDE EASEMENT o ''' ' C °E LOEfGWD00 R Et.SEA OUT OF LOT 12-A, BLOCK 1 MANION OAKS, SECTION 4 IA;; p (5710 LONGWOOD) RESET PARA DR $ O i FP APTMEA00 TAN NE MAI ST{ F O !- - FrC i co¢ O'- 3.3 _ S FAP u MUNICIPA� 2 W ATNLETfO \ OWNERS: r,°MPtErd l o z MANUEL MULLENAX ET UX °" "DN ST M•10 BROCR AND KELLY �Lr KECNISCN i r NEIL FOGAL,ET UX — —J• •• a LOCATION MAP N.T.S. I o- NUE 'ilk 6B./ 6 ./0 � � I I �r •till• \� IG.A�(� ° / x e 10 � X09 r(!6 ab q ` q V q ! to b o w67 f7h o0 o S `° m M..07 /24.59 2 123.E7 \o > 16.4.JQ Q 0 a /47.1 7$73, eEO�j N 60 ch A N 29.2c° N.T.S. 4 a 2o2_-semis /05.x1/1. 1 5696 632[ 9LAVE E OF O.40 aft f � D /r.6o arse 4c di-24 1/0.0 .95.0 el.t2 s v � /as4 tv rim 2 r h ' r V s a s o s e ti SUBJECT •9D //0.1Q //O � 9 Jam' 106 /!O. 1/00 /OSLO /.!fl.J5 ^ . 0 B/.33 9d I41 97. r y ce2s to�Q:� rr bin 7 d 40 ~ /i036 9� ss sr _ :o .�.e, se L O GWOO "'LA E s6 /Z A •9ss 0 o Zr :o /Z /s rr rs ra +� /rr.29 /. xao /Gb Q3 .9t7 iiom •y6.r9 /60 160 w ZO. �ci dq h Z2 t 3; N ZJ q 1 _ °!oe d ^s •J EXHIBIT "A" A.. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 11, 2003 AGENDA MEMO DATE: February 3, 2003 REQUESTED ACTION: Council consider a resolution authorizing the execution of a Lease Agreement with Star Enterprise c/o Chevron Environmental Management Company, through their agent BNC Environmental Services, Inc., for the installation of a groundwater monitoring well on City property. RECOMMENDATION The groundwater monitoring well will be installed by BNC Environmental Services, Inc. The lease agreement will cover the monitoring well at the following location: Out of Lots 1 and 2,Block 5, Calder Highlands Addition(Fire Station#4) 80.0 feet (80.0') from Gladys Avenue and 20.0 feet(20.0') from West Lucas Drive. The administration recommends authorization to execute the Lease Agreement. BACKGROUND The new groundwater monitoring well is being installed to track concentrations of hydrocarbons. The Lease 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 Lease Agreement. 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 Lease Agreement with Star Enterprise c/o Chevron Environmental Management Company, through their agent BNC Environmental Services, Inc., for the installation of a groundwater monitoring well on City property. bnc chevron-ib.wpd February 3,2003 SUBJECT EXHIBIT "A" HAM W>u TEAK-ZHARDWOO D AUSTIN a GALEWOOD z ¢ :ING ua v w w Q NS = j_ LICENSE AGREEMENT RE¢ Y N�FIELDWO❑ w HEAT-ca J GAR w Z EBONWO❑ Q K NW❑❑D� Q WEST LUCAS DRIVE °ODz� DELLWpp w RIGHT—OF—WAY FOR THE LD DuR ¢w❑❑D S Q w cORKwpp Q 3 CRESTW OODS INSTALLATION OF A <� Z BAYWppD z ry ¢ BRENT ❑❑D GROUNDWATER a LANARK MONITORING WELL _z �° W M Q� W w FGLADYS J U cd D VAL❑ LEA w � TERRq z 3 z _ "�VANCE N o m APPLICANT= BNC LIA j E TATE z w n ON ENVIRONMENTAL CUIT u U HARRISON SERVICES INC. AGENT ❑Sr z < O Q U Q U FOR STAR ENTERPRISE AIN. ESMr� N❑ r" SCOT C/O CHEVRON TEXACO 3 = FH M y z �� N C L D R o L W BRAD WAY'(u d } TIBBIT L❑CATI❑N MAP LEGEND N.T.S. SUBJECT PROPERTY F z. SUBJECT PROPOSED ti cNIROPRACrorrs MONITORING WELL �FICE J F N W 3 ,DISF PPEEVER ❑❑ 1 tXCAVATIGM WEST END , FIRE STATION Y Na 4 0 m ri S GLADYS AVENUE STORM DRAIN O :EZ - MART UST FEILD N D Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: February 11, 2003 AGENDA MEMO DATE: February 5, 2003 REQUESTED ACTION: That the City Council of the City of Beaumont adopt a resolution that authorizes the City Manager to accept grant funding from Southwest Texas State University, Center for Safe Communities and Schools to conduct a pilot tobacco enforcement program. RECOMMENDATION: For the City Council of the City of Beaumont to adopt a resolution that authorizes the City Manager to accept grant funding from Southwest Texas State University, Center for Safe Communities and Schools to conduct a pilot tobacco enforcement program. BACKGROUND: As part of the state-wide tobacco settlement, the Center for Safe Communities and Schools is contracting with local law enforcement agencies to conduct inspections of tobacco retail establishments and to educate members of the community and retailers about current Texas tobacco laws. The purpose of the program is to decrease usage of tobacco products by minors. BUDGETARY IMPACT: Additional $10,000 in funding for the tobacco enforcement program. PREVIOUS ACTION: None SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and the Chief of Police. RECOMMENDED MOTION: That the City Council of the City of Beaumont adopt a resolution that authorizes the City Manager to accept grant funding in the amount of$10,000 from Southwest Texas State University, Center for Safe Communities and Schools to conduct a pilot tobacco enforcement program in the City of Beaumont.