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PACKET FEB 18 2003
M ° . City of Beaurnont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 18, 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 a resolution authorizing publication of notice of intention to issue $9 million in Certificates of Obligation 2. Consider approving a contract with Beaumont Products and Services, Inc. for arterial litter removal WORK SESSION Report from Drainage District No. 6 * Presentation relating to the preservation of the Bessie Heights Marsh * Discuss potential sale of certain park properties COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION Consider matters related to the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee in accordance with Section 551.074 of the Government Code: City Attorney, City Clerk, City Magistrate and City Manager * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Beaumont Firefighters' Local 399 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 18, 2003 Consider approving a resolution authorizing publication of notice of intention to issue$9 million in Certificates of Obligation City of Beaumont C'M c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: February 18, 2003 AGENDA MEMO DATE: February 13, 2003 REQUESTED ACTION: Council consider a resolution authorizing publication of notice of intention to issue $9 million in Certificates of Obligation. RECOMMENDATION The administration requests approval of a resolution authorizing publication of notice of intention to issue $9 million in Certificates of Obligation. BACKGROUND $9 million in Certificates of obligation are being issued to fund various street, drainage, building and park improvement projects. Issuance of the bonds is scheduled for March 18, 2003 with delivery and receipt of the proceeds by the City on April 17, 2003. BUDGETARY IMPACT All debt and other expenses shall be incurred by the Debt Service Fund which is supported by property taxes. PREVIOUS ACTION Council approved a resolution to provide for the reimbursement of costs incurred prior to issuance of the Certificates of Obligation on December 10, 2002. SUBSEQUENT ACTION Subsequent Council action will be requested to approve the issuance of $9 million in Certificates of Obligation on March 18, 2003. RECOMMENDED BY City Manager and Finance Officer. RECOMMENDED MOTION Approve/Deny resolution authorizing publication of notice of intention to issue $9 million in Certificates of Obligation. RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTY OF JEFFERSON § THE CITY OF BEAUMONT § WHEREAS, The City of Beaumont, Texas (herein referred to as the "City"), acting through its governing body (hereinafter referred to as the "City Council"), is authorized to issue certificates of obligation to pay contractual obligations to be incurred in connection with authorized street and drainage improvements, building improvements and park improvements within the City (herein referred to as the "Project"), and for professional services rendered in connection therewith pursuant to Texas Local Government Code Sections 271.041 -271.064, as amended; and WHEREAS, the City Council of the City has determined that it is in the best interest of the City and otherwise is desirable to issue a series of certificates of obligation in a principal amount not to exceed $9,000,000 to be known as the "City of Beaumont, Texas, Certificates of Obligation, Series 2003" (hereinafter referred to as the "Certificates") to finance the Project and to pay for professional services rendered in connection therewith; and WHEREAS, in connection with the issuance of the Certificates, the City Council intends to publish notice of the intent of the City to issue the Certificates in accordance with the requirements of the Texas Local Government Code Section 271.049, as amended; and WHEREAS,the City Council has been presented with and has examined the proposed form of notice to be published and finds that the form and substance thereof are satisfactory and that the recitals and findings contained therein are true, correct and complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,TEXAS: Section 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct. Section 2. The City Council hereby approves the form of the Notice of Intention to Issue Certificates of Obligation presented to the City Council in substantially the form attached hereto as Exhibit "A" and incorporated herein by reference (the "Notice"). The City Council hereby authorizes the Mayor or any other member of the City Council or any other official of the City to execute and deliver the Notice on behalf of the City, with such changes therein and additions thereto as the person executing same may approve, such approval to be conclusively evidenced by such execution thereof. The City Council hereby authorizes and directs the Mayor, the City Clerk or any other official of the City to cause the Notice to be published in the manner required by law in a newspaper of general circulation in the City. Section 3. The Notice set forth in Exhibit "A" attached hereto shall be published in both English and Spanish once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be not less than fourteen (14) days prior to the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of such Certificates of Obligation. Section 4. The Mayor, the City Clerk, and other officials of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 5. This resolution shall take effect immediately upon its passage. Section 6. It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time,place and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by the Texas Government Code Chapter 551, as amended. PASSED AND APPROVED this 18th day of February, 2003. Mayor THE CITY OF BEAUMONT, TEXAS ATTEST: City Clerk THE CITY OF BEAUMONT,TEXAS (SEAL) -2- 2 February 18,2003 Consider approving a contract with Beaumont Products and Services,Inc. for arterial litter removal City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 18, 2003 AGENDA MEMO DATE: February 7, 2003 REQUESTED ACTION: Council consider award of a contract for arterial litter removal. RECOMMENDATION Administration recommends the award ofan annual contract to Beaumont Products and Services,Inc. for furnishing litter removal services on arterial street rights-of-way and other specific areas at a rate of$11.85 per hour, per person worked. BACKGROUND Beaumont Products and Services, Inc. (BPS) is defined as a private not-for-profit state certified workshop. State certified workshops encourage and assist disabled persons to achieve maximum personal independence by engaging in useful and productive activities. Job programs are designed for disabled individuals and marketed throughout the community. The State exempts political subdivisions from competitive bidding requirements when contracting with a certified workshop. BPS has been furnishing bi-weekly litter removal services on specific arterial streets since 1987. In 1996,the contract was changed to provide litter removal services on a pay per hour work basis. This method allows staffto select the area in which litter removal services are of a greater need and assign the contractor to that area. BPS provides a crew of four(4)collection personnel and one(1) supervisor/driver,five(5)days per week, excluding City holidays. BPS will be paid $11.85 per hour, per person worked. This cost includes all labor, transportation, equipment, insurance, and litter disposal fees. The hourly rate provides the City with the option of using the crews only when and where needed. Contract for Arterial Litter Removal February 7,2003 Page 2 The price remains the same as paid during the past year's contract. During the past twelve months, BPS has worked a total of 2,049.5 crew hours, removing approximately 1,538.34 cubic yards of litter, at a total cost of$109,760.91. BUDGETARY IMPACT Funds are available in the Clean Community Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Clean Community Director. RECOMMENDED ACTION Approve/Deny a contract with Beaumont Products and Services, Inc. for providing litter removal services on City rights-of-way and other specified areas in the amount of$11.85 per hour,per person worked. WORK SESSION * Report from Drainage District No. 6 * Presentation relating to the preservation of the Bessie Heights Marsh * Discuss potential sale of certain park properties FEB, 13. 2003 11 ;08AM NO. 807 P. 1/1 . GERMER, BERNSEN&GEI�TZ, L.L.P. Attorneys at Law 550 Fannin Seventh Floor, Petro oleumij Tower Beaumont, Texas 77704 Telephone: (409) 654-6700 Fax No.: (409) 835-A 15 TELEFACSIMILE TRANSMISS116N Date: February 13, 2003 I' Operator: Birdy Breaux Telefacsimile No.: 409 880-3112 Attention: Mr. Kyle Mayes Sending Party: David_Bernsen Document Transmitted: Resolution Special Instructions: BJ&G FILE No: Bessie Heights BAG Matter: 4671 No. of Pages Sent: _22 Time Sent: p I� The information contained in this fax message i,'' intended for the personal and confidential use of the designated recipients named 6bove. This message may be an attorney-client communication, and as such, is privilegi4d and confidential. If the reader of this message is not the intended recipient or an ageni responsible for delivering it to the intended recipient, you are hereby notified that you ha'Ive received this document in error, and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication inn error, please notify us immediately by telephone and return the original message to us by nail. Thank you_" APFROYED AS TO FORM. r �to .c 'r W - . - H,P.WRIGITF,CITY ATTORNEY FEB- 13. 2003 11 : 10AM N0. 808 P. 3/22 Feb 12 03 00:0p CITY OF PORT NFECHES (403) 727-8677 P� Z RESOLUDOri A RESOLUTION AU�IHORTZ1.NNG TI3B C ATTORNEY TO INTERVENB IN A PROPOSED SUIT O�PO$INC TTY KIlWY INLAND MARINE BARGE PARK ON PTE NECKS RIVER WHEREAS, the City Council of the City of Port Nec es has recorded its opposition to the KirbyThland Marine Barge Park on the Neches 1Uver. There'� aproposal for certain parties to file a suit to stop the Kirby Inland Marine Barge Park, and WHEREAS,the City Council of the City of Port Nec es,Texas,deems it to be in the best interest of the citizens of such City to authorize the City Atto ey to intervene on behalf of the City of Port Neches in such legal action brought opposing the ' by Inland Marine Barge Park on the Neches River. ` NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT NECKS,TEXAS: Thatthe City Council o f the City ofPort Neches,Tex s,hereby authorizes the City Attorney to intervene on behalf of the City of Port Neches in the laws it that is being brought to oppose the Kirby Inland Marine Barge Park on the Neches River. PASSED BY 4A(,g r&a uS vote of the City Co oil of the City of Port Neches,Texas, this 6"day of February,2003. TIME CITY 01 NECDE , EW BY: I DON GL ,IvX YOR PRO`rEM ATTEST: NANC DOXS , CrrY SECRETARY APPROVED AS TO FORM: u p wMTrTY4-r_ ['.1TY ATTORNEY . FEB, 13. 2003-11 ; 110 N0. 808 P. 4/22 CAUSE NO. CITIZtNS FOR THE PRESERVATION § IN HE DISTRICT COURT BESSIE HEIGHTS MARSH § VS, § JUDICIAL.DISTRICT N3RBX INLAND MARINE,INC. § OF TEXAS and WESTERN TOWING § O GE COUNTY,TEXAS COMPANY § PLAINTIFF'S ORIGINAL PETITION AND OR GINAL APPLICATION FORTEMPORARX RESTRAINING ORDER AND IITE11�1PORAYtY INJUNCTION TO THE HONORABLE JUDGE OF SAID COURT: CONIES NOW Plaintiff, Citizens for the Peres ation of the Bessie Heights Marsh, et, al., ("CPBHM"),Plaintiffs,complaining of I efendants,Kirby Inland Marine, Inc. of Texas and Western Towing Company,and for c use of action would respectfully show the Court the following: I. Discov=Control Pl 1. Pursuant to Rule 19-0 of the Texas Rules of Civ I Procedure,Plaintiff,CPBHM. , intends to conduct discovery in this matter under Levu 3 as defined in Texas Rule of Civil procedure 190.4, II. Parties 2. Plaintiff, Citizens for the Preservation of the Bessie Heights Marsh, is a 501(c)(4) non-profit corporation organized and existing under laws of the State of Texas. ODG/186412 �FEB, 13, 2003 11 , 11AM N0, 808 P. 5/22 t y 3. Defendant,Kirby Inland Marine,Inc. of Texas,is corporation doing business in Texas and may be served with process by serving its regi tered agent, CT Corporation System, 1021 Main Street, Suite 1150,Houston,Texas 7 002. 4. Defendant,Western Company is a corporation do ng business in Texas and may be served with process by serving its registered agent, C Corporation Systom, 1021 Main Street, Suite 1150, Houston, Texas, 77002. III. Venue 5. Venue is proper in this Court pursuant to Texas &il Practice&Remedies Code §15.002 since all or a substantial part of the events or omissions giving rise to Plaintiffs claim.ms occurred and/or will occur in Orange County. Statement of the Case 6. Plaintiff, Citizens for the Preservation of the Be I sle Heights Marsh,is an organization comprised of citizens from Jeffersodand O ange Counties who recreate and work in the Neches River and the Bessie Heights Mars ("Bessie Heights'). Bessie Heights is part of the Nelda Stark Wildlife Management, Area administered by the Texas Parks and Wildlife Department and includes approximately ely 2,500 acres of wetland. The area serves as a prime habitat for marine life and wildlif b and supports many recreational and commercial uses. In 1999,the Federal and State g vernn.ents, in cooperation with private partners, initiated the restoration of 222 acres ol the Bessie Heights Marsh at a cost of almost$1 million dollars. GBOA$6412 13, 2003 11 , 11AM NO. 808 F. 6/22 7, Defendants applied for, and were granted,a littor easement by the Texas School Land Board OR January 15, 2003,paying only$160,000 r a five-year lease. The defendants have indicated their intent to initiate, in then azure, construction of a barge mooring facility spanning a length of almost 1 mzl and a width of approximately 250 feet, on the Neches River in Orange County,Texas. S. Defendants' plan involves construction of a bang mooring facility to accommodate up to 110 barges carrying unspecified toxi petrochemical cargoes despite being located less than'/z mile Bast of the city of Port Neches and less than 20 feet from the banks of the fragile wetlands of the Bessie Heights arsh. Unless defendants are enjoined, as requested, from constructing this facility,it operation will dam*the local economy,present an envirow rental hazard, and jeope r ze the safety and security of residents of Jefferson a-ad Orange Counties (many of w 10m are members of the plaintiff's organization), as well as the Marsh,its marilife, and wildlife. EnvironmentaI Dama e: q. As previously noted,the proposed facility is intended to facilitate the mooring of up to 110 unmanned vessels carrying unspecified toxin . While defendants have agreed to provide.1,000 feet of floating spill-contairunent boon as-a-condition of the facility operation, such provisions would be inadequate to protect Bessie Heights and the public at large should an accidental release occur. As designe ,the facility spans a length of approximately 4,400 feet, over Four tunes the length of the proposed containment boom, Moreover,because the facility's structural integrity relies, in part, on securing the vessels together, between mooring buoys,true containment of any floating spill would require up to 10,000 feet of floating boom, or enough to encircle e facility. The inadequacy of the oaO/18,6412 13. 2003 11 : 11AM N0. 808 P. 7/22 proposed spill containment devices is just one example o the inherent danger to the environment,which will result from the operation of this bnormally dangerous Facility. 10. in addition,because the facility will be required t possess only 1,000 feet of boom,in the event of a spill,its operators would be force to choose between protecting the fragile wetland environment of Bessie Heights or pre enting the dispersion of the spill to the Neches River Channel. 11. Because the defendants have failed to disclose th nature of the petrochemicals which will be stored at the facility,plaintiffs have been able to fully evaluate the adequacy of the floating booms to protect against other c emical releases. For example,it is;intuitive that a floating boom will contain only those materials,which float upon the water's surface. To date,no envirownental safeguards ave been proposed to protect against, or remediate,the release of water-soluble chemietland als. Consequently, any such release would, escape containment, affect the sensitive environxrient of Bessie Heights. 12. The current proposal provides that the facility 11 be attended 24 hours per day by at least one employee in a johnboat. Despite any tratn.ng provided to defendants' employees,the proposed staffing level ds clearly inade ate and represents a reckless disregard for the environment. Clearly, one attendant i a johnboat will be incapable of monitoring the integrity of an unlighted facility almost /4 of a mile long. Even if the attendant were to identify a release,his ability to single handedly respond to such an event is questionable. Moreover,the facility s propos location will permit only marine access to the facility, thereby further delaying any spil release response. GD011 86412 FEB, 13, 2003 11 : 11AM NO. 808 F. 8/22 , • Y Economic Xiama e: 13. Defendants' proposed construction and operatio of the facility presents not only environmental concerns,but promises to bring an adver economic iinpact as well. The I proposed location of the facility will interfere with the P,aintiffs'and other citizens'use and enjoyment of Bessie Heights and the Neches River r recreational and commercial purposes. Many fishermen and crabbers rely on this are of the Neches River a:ud adjoining marsh for their livelihood. The mooring of u to 110 barges will permanently impair their use of this public waterway. Although def dants have proposed that the barges will be moored at the facility for short periods o time, the regular movement and exchange of the barges will inevitably create considers le noise,will move sediment, and will create a hazard to the navigation of this area by co unercial and recreational sportsmen. 14, Any release from the facility, even a minor rele se,will further damage the economic viability of commercial fishing and crabbing in the Neches River and Bessie Heights. Not only would such a release present a physical danger to the marine and wildlife,but the restriction of public access during the iernediation efforts could devastate commercial endeavors which rely on these preferred g thering areas. 15. Further,the proposed facility promises to =p r the planned economic development by the city of Port Neches. The city of Pi rt Neches has initiated plans for i the development of approximately 80 acres on the we eM banks of the Neches River less than %z mile from the location proposed for this facilit , Although other industrial facilities are located in the area,the construction of a ew facility opposite the planned development will significantly axial adversely affect th aesthetic value of the eastern G00/186412 FEB, 13. 2003 11 : 12AM N0. 808 P. 9/22 shoreline. Moreover,the prospective dangers posed by th facility would further impair the economic viability of the development. 16. Finally, although defendants have declined to full identify the nature of the materials to be stored at the Facility,it is conceivable that a release of many toxins could result in significant physical and economic damag to the areas of Jefferson and Orange Counties for miles around the proposed site. For example,a release of chlorine, L.P. gas, or other airborne material could easily spread t the cities of Port Neches, Nederland,Port Arthur,Beaumont,Bridge City, and Orahge. One need only recollect the tragic methyl isocyanate release in Bhopal,India of 1984 to appreciate the dangers involved in the unsupervised storage of unknown petrocl emicals in such close proximity to a significant human population. The economic harm aused by such a release is immeasurable, as the ripple effect of such a tragedy on c ther industries could extend far beyond the Southeast Texas region. Safet Issues: 17, Clearly concerns for the safety of human, anim , and plant life are paramount when weighing the defendants' interest in constructing he proposed public nuisance. It is undisputed that the facility's location will prohibit land access in the event of a release or fire. Moreover, any conflagration has the potential t envelop approximately 46,200,000 gallons of cargo, a quantity of over 4 times that spilled by the Exxon Valdez, Already the cities of fort Neches and Nederland have indicated their inability to adequately combat a fire at the proposed location. 18. Further, the facilities proposed location and st g plan present a security risk to the citizens of Jefferson and Orange Counties. As not d above, a single attendant, as �eo�t sda�z FEB. 13, 2003^11 , 12RM NO. 808 P. 10/22 proposed in the current plan,would be unable to protect a ainst or even timely detect a product release much less beep the unlighted,3/4 mile lOn facility secure from potential vaudalisina or attack. As noted above, any fire or other re ease could have significant I adverse consequences on the economic and environment 1 conditions of Jefferson and Orange Counties. 19. Though unlikely,the prospect of another terroh attack like that of Sept ember 11, 2001;looms large in the minds of all American Citizens Already public officials tbxoughout the country have initiated plans to review th integrity and defense of our nation's industrial infrastructure. The construction of unguarded, indefensible,under- supervised marine facility to accommodate the storage c unspecified petrochemicals in such close proximity to the citizens of Orange and Jeff son Counties is at best, imprudent, and at worst, reckless. V. Defendants' Conduct is U reasonable 20. Defendants' intended mooring site is located be een the environmentally sensitive Bessie Heights Marsh and the densely populld cities of Pont Neches, ..-Neder-land and-Port.Arthur. I;V-hile--therpetrachem-leal-ix dustry constitutes a vital element of these communities,the proposed use by defendants t the proposed location is unreasonable for the reasons cited above including:the prospect for serious enviromnental harm;the prospect for economic harm; a impairment of public access to i public waters and lairds;the impairment of public use C C f the Neches River and the Bessie Heights Marsh for commercial and economic purpose inadequate security from attack or fire; inability to fully secure the facility;the ultra-h zardous nature of proposed use. 000itss4ia FEB, 13, 2003 11 : 12AM N0. 808 P. 11/22 Moreover,unlike other land based industrial facilities {or ven marine facilities with adequate land access)which carefully control access, inc de adequate lighting and security, and are more easily monitored,the proposed fao ity by its very nature will. involve the dynamic movement of chemicals on a daily Isis, in a dynamic environment. Consequently it would be unreasonable for defendants t operate a marine barge mooring facility at the proposed location because no amount of c in operating such a facility at the proposed site will prevent the consequences describei I above. 21. The expected consequences set forth above,wou d proximately cause a person of ordinary sensibilities to be afflicted with substantial physical discomfort, annoyance, and inconvenience,worry, and concern in continuing to use both the Neches Rivet'and the Bessie Heigbts Marsh for commercial and/or recreation'I purposes. Moreover,the proposed use will cause similar harms to the individual PBHM members' (all of whom reside in Orange and Jefferson Counties use of their ate ro ert and right to access g ) p p p Y � public property. vl. Actual Damages -427-- -��Jnless de61'endants-be-enjoined--as: .csted-PI 'Wad's will suffer substantial physical discomfort, annoyance, and inconvenience in eir access to, and use of,public waterways and lands as well as their enjoyment of thei, own properties in proximity to the proposed facility. Moreover,the market value of p aintiffs' proposed development of waterfront property on the Western bank of the Nee e River opposite the facility will be diminished. In addition,plaintiffs will likely incur ad�tional expenses to plan and GSG/186a1z I FEB, 13. 2003 11 : 13AM N0. 808 P. 12/22 prepare for the occurrence of an accidental release,which ill adversely affect Bessie Heights and the citizens of Jefferson and Orange Counties VII, TeMorgy gestr4jxu Order and Temporary In wrtion 23. Plaintiff will suffer irreparable Lum, damage, an injury unless the acts and conduct of defendants complained of above are enjoined ecause the initiation of construction of a mooring facility on the Neches River p miser to cause irreparable harm to the citizens, enviro=ent, and wildlife,of Oraug and Jefferson Counties. It appears likely that unless restrained,defendants will init' to the construction of the mooring facility to the detriment of plaintiffs. 24, Plaintiffs respectfully ask this court to gaunt this pplication for a tamporazy restraining order as it is probable that plaintiffs will reco er from defendants after a trial on the merits. Plaintiffs are willing to post bond. Plaintiffs will suffer imminent and irreparable harm,if this application is not grained. It is � sential that defendants be restrained from initiating the construction of the proposed mooring facility on the Neches River, immediately and without notice hereof and heart g because irreparable harm to the ...:enviroment,:wildlife, and plaintiffs:,enjoymart-of the public natural resources will occur should said acts continue. Plaintiff has no adequate r edy at law for the damages just described. The property involved is unique in that it b ders important estuarine resources such as the Bessie Heights Marsh as well as t e watercourses which feed and nourish the marsh. The construction of a toxic petrochemical,marine storage facility at the proposed location will create a public nuisance and romises to severely damage the 4pimportant estuarine resources of Orange County and al o to endanger the public health in (QB�/1'86412 I �FEB, 13, 2003 11 : 13AM N0. 808 P. 13/22 Jefferson and Orange Counties. For the reasons stated ab We,plaintiff respectfully asks this Court to preserve the status quo,to .grant a Temporary Restraining Order, and after a hearing is held,to grant a Temporary Injunction ordering the defendants to be restrained from constructing a toxic petrochemical marine storage facility during the pendency of this action. 25. In order to preserve the status qua and the rights if plaintiffs, CPBHM,et. al., during the pendency of this action, defendants should be cited to appear and show cause why defendants should not be temporarily restrained,d 'ng the pendency of this action, from initiating the construction of a marine petrochernil storage facility and from authonzing or allowing anyone else to initiate such co truction.on their behalf VM. Permanent Jzjunctioll For the reasons stated in this pleading plaintiff requests at upon final trial of this cause, this Court permanently enjoin defendants from consft t.ng a barge mooring and petrochemical storage facility at the proposed location d from authorizing or allowing anyone else to construct such a facility on their behalf. When the prospective harms to plaintiffs--'arid-.de&fnr-idants axe--weigbeda the-balm.,cw-c1=1ly preponderates in-he favor of the plaintiffs. Other mooring facilities are available for defendants' use which do not present such threatened harms to plaintiffs' use and en yment of public lands and its private property; other, less objectionable,locations fo l the proposed facility were presented to,but declined by, defendants;undertaking a defendant's proposed business at the proposed location will not be beneficial to the p blic welfare or economy,but rather, present serious economic, environmental, and s fety/security concerns which GOG(18641 Z '-FEB. 13. 2003 11 ; 13AM NO, 808 P. 14/22 should weigh against the construction of this public nuisance to the extent that such construction should not occur without the Court's interf 7 ence to prevent future injury to plaintiff. Defendants' financial loss, if enjoined as reque ted,would not so greatly exceed potential damages for future injury to plaintiff th an injunction should be withheld. I.X. Conclusion WHEP,Ep'ORE,PREMISES CONSIDERED,plaintiffs, zens for the Preservation of the Bessie Heights Marsh, et.al.,pray that defendants be cited to appear and answer herein,and for the following: (a) A Temporary Restraining Order be issue a,,to continue in force until a day set for hearing on the application for a Temporary Injun tion, or until further order of this Court, restraining defendants from constructing a barge mooring facility at the proposed location on the Neches River. (b) The Court to set a date and time for a hearing on notice of this application for a Temporary Injunction and that defendants be cited and notified to appear on that .-day-md'dine and-answer in this action, =d after this h wring, a-Ternpor aryl njunction be granted and issued commanding defendants to cease desist and refrain from constructing a barge mooring Facility on the banks of a Bessie Heights Marsh during the pendency of this action and frrom authorizing or all Dwmg anyone else to construct such a facility on their behalf. (c) Judgment for actual,damages in an amc,unt to be proven at trial of this cause within the jurisdictional limits of this Court, for laintiff's cost of court and GIBCJ186412 FEB. 13. 2003 11 : 13AM N0. 808 P, 15/22 Plaintiff also prays far such other and fiutJ�eX relie ,both general and special,at law acrd.0quity,to which it may show itself to be justly+a itled. Zespectfuhll subm'By id E.B sen State Bar N . 02217500 Wesley N. ch State Bar Nq. 0098001 GERMER, ERNSEN&GERTZ,L.L.P. 550 Fannin treet, Suite 700 Beaumont, exas 77701 (409) 654-600 (409) 835-21 15 Facsimile ,A.TTORNE S FOR PLAINTIFFS. CITIZENS�OR THE PRESERV'A'TION OF THE 13 SSIE HEIGHTS MARSH, ET.AL. ��r1a86366 FEB, 13. 2003 11 : 13AM N0, 808 P, 16/22 VERI)F'ICATION THE STATE OF TEXAS § § CO NTY OF ORANGE § BEFORE ME, the undersigned Notary Public,on is day personally appeared Tom Bell,President of the Citizens for the Preservation the Bessie Heights Marsh, Plaintiff in this action,to me known,who after being by a first duly sworn,upon his oath state he is the President of the Citizens for the Preservation of the Bessie Heights Marsh and that he has read the above petition and that evey statement contained therein is within his personal knowledge and is true and correct. Signed this day of February,2003. -r"I I gume Tom Bell SUBSCRIBED AND SWORN TO BEFORE ME on II , 2003 to c ertify which witness my hand and official seal. � ROBEWA BRE�AUX Notary Pu ic, State of Texas x * Nary Public TEX — STATE of TEkAS My Comm lion Expires: MyComm.EA0 02.26-2004 i I' GHG1153658 FEB. 13. 2003 11 . 14AM NO. 808 P. 17/22 ON ;u ` G. NaTC14 WOODS SRFRIFF JEFFERSON COUNTY,TEXAS 1001 PEARL STREET BEAUMONT,TEXAS 77701 DEP't1`TY CBIEL4'S (409) 835-8411 Waltei Billingsley-Services ,nett A.Duhon-Law Enforcemcnt Ron Hobbs-Narcotics e Carmouche-Corrections November 21, 2001 Ryan Fordyce Regdatory Branch,CESWG-PE-RE U.S. Army Corps of lEngineers P.O. Box 1229 GrAveston,Texas 77533-1229 Dear Mr,Fordyce: I am writing to voice my concerns about Western Towi 's application to moor chemical barges on the Neches River in the Bessie Heights Varsh. T was unable to attend the public hearing held at the john Gray Institute but want'.o state my coins. As an emergency responder I have some grave concerns about ou r ability to respond adequately to an-emergency if this facility is located in the Bessie Heights Marsh. This location would be difficult to secure and protect since it is only accessible I i water. This would only complicate and delay an emergency response to afire, ch 3i cal spill or law enforcement matter. My other concerns are environmental. I am an avid ou daorsman who has enjoyed hunting and fishing in and around the Bessie Heights Mars all of my adult life. It's a jewel for fishing and hunting, T am very much opposed to he mooring of chemical barges d where a leak or spill could in the vicinity of flue marsh. Particularly if they better suited for barge moo g that would go undetected. There are many other locations provide safety and security for the barges and protect Be Heights. FEB, 13. 2003 11 : 14AM N0, 808 P. 18/22 Thank you for your time and attention to this issue. i h you will consider my concerns,they are shared by many. Sincerely, Ci. N ifich Woods ' J Sheriff FEB, 13, 2003 11 : 14AM N0, 808 P. 19/22 Editorial page editor 1, 0NS ' Thomas Taschinger INI Vaschitlgerfhearstnp.com (109) 838-2887 MEOW Barge storms eo Gems need� Sonic answer unlike people ill C' outheast Texans, 1� '�• ',-"_��"- ' 1� Cher regions of the country, are ~t' . some o the otendal well-educated about plants and dangers of petrochemical p have lived with both for a river traffic,They isi'rn 1 Y have devael- century�-and not surf? 8 oped Various procedures for minimizing tzzn safety. i 0717 risks and maxim � That's WJ state and federal °f�wing should re-eve -c ps'a i l s alon the rcal barges g • to store 30 to 40 chi- Neches River between.port Neches and - - rsves.near ReSsle H4eigbts Marais. Western's barges wo-Od' not be fled into . AI)ERS WRITE perrt'tanent docks or bu1 eadThat mate d connected to mooring buoys. ment could make a SC y since Cthat 11 a'gm ail case of a fire spin, sp Y city M lager must sharpen pe area already has limited road access. If an of the barges broke loose,they could quick- 'o block barges Neches — and become era 1 know tephen Bonczem be an about 4 nPeTCe St more vulnerable to spills o able and to to trim the budget, Western is a subsidiary of the Houston- geauxnon city manager, he ages it to the If the olidciart: based Kirby Corp,, which was accused 'fn communitf to sharpen his pencil one more this issue would January of polluting .the Houston Ship with a budget propos parked in the purr ' s location an the that does of disrupt the lives of the working ak''e the buys,I'm s Channel to a federal criminal warrant. time and ome up Authorities visited'yirby' way to balance th fed seeing who dep don our public transportation ing those who can channel four times from last September to poor, the disabled, the elderly and Others January and each time they rep stem. dirty discharges frorn company barges- system. Company officials have declined to corn- It is im ortant to note that 's bu ek's pro- nwnt on those allegations. posal to Cale back the city's bus service Western'Tovwing must address these con- cerns. The company's plans are not irahez- ently,unsaund, but these issues must ,be Natio a]'coahtlon wO�rks to address >re�aral resolved now--before-any problems Occur, f. -riot afterward. 22r ;v+ias11 deuoted al " 6 miner-August 2-8, 2001 - I . q% cfflff-ensin moan We iil �t n Heights ng-_ facty neap Bes gY.t�hll- . H4Ci[ regarding nautical traffic on the for comment is no guarantee that disastrous effect. Staff wther l�leche.s River prompted the Corps to environmental concerns are fully Goolsby declined to speculate as A company under `investigation move the site further into the trend addressed, according to Cynthia to what the nature of the barge car- for environmental crimes •is" in the river. As it stands now, scores Fanning, spokesperson. for EPA goes would be, only saying that the W attempting to get an amendment to a of barges could be parked there,just Region 6, barges would contain various cllelri- permit approved for a barge moor- yards away fr©rn marsh entrances. "The EPA may have an opportu- leafs for use in local ivarious c ing. facility vn the Neches River "There's.a very delicate balance nity to comment, but it may be "You'd have' all these barges near'-Bessie Heights-March, and a in thaturea of fresh wator, brackish sornethirig we do as tiine permits," group.,of concerned sportsmen_has water and salt. water," Bell said. Fanning said 'But I can't insure right next to each other; possibly raised serious questions about the "Sport fish feed in the marsh and anyone ever reviewed the letter loaded with dangerous chemical&," enviror mental:impact of the prof- spawn there; l_ laby kinds of birds regardless of. whether we ever Bell said. ."If anything}Happens, nest in that region, and shrimp grow received it or not." there would be no way to get people Western Towing, a subsidiary of to maturity there. It's the kind of In the meantime, the Citizens for out_ there in time, because there are Houston-based -Kiiby_Corporation, place that if we kill-it off, it's gone the. Preservation of Bessie Heights no roads there. ft's only accessible wants't4 insl; 4,mooring buoys forever_"- Marsh are clamoring for a public by water. If there-'s a fire or a_spill, about 26&i t_frpm_the'sS�oreline in a Robert Goolsby, vice-president hearing 'to "allow Southeast Texas it would be, devastating: The natural bend'.4f. fbe Neches River, of Western Toff M-ng, indicated that in residents the opportunity to voice response time will be much slower." approximately two miles upstream this kind of project;the Army Corps: their concerns. = Goolsby . said -i that Western from the Rainbow arsd Veterans of- Engineers worked with. other -Robert Vail,' a former shrimper.' Towing has already.filed an Oil Memorial P;ridges.a:::The facility agencies to screen fot any potential-' who has spent more than 40 years Spill and Response plan with the " con[d`house np tb.60�barges at any environmental problems and that fishing the waters of the Neches, one,time;.some"10aded with toxic_ the company did no environmental commented on the diversity of life moans ea for a General boat with two fire cargo es: �.:', :: :. studies of its own.' contained in the Bessie Heights g _ ti> aqua�ry;, es rn owin uring the per=melt process Iylarsh while navigating the shallow hoses to be stationed in the area and the.focus of.=a rai��by federal envi- according to Bruce Sennett, the rig- waterways in his boat. worl�ed=out-= hnrrisane=planitF�- ronmental-palie�fnr'polluting the - ulatory unit leadei for the Corps of "There's different kinds of water- the United States Coast Guard. Houston Ship Channel, one of the .Engineers in Galveston, the Corps and different kinds of animals in However,when asked how long it -nation's dirtiest waterways. sends out a letter of coordination to this water depending on he time of would-take to empty the facility of Authorities allege Western Towing various state and local agencies that year," Vail said. "Lots of game fish, barges in case of an emergency, he workers on numerous occasions dis- can subsequently offer comments or including speckled trout and red— declined to comment. He also charged untreated water_ directly raise questio s about the permit .fish, use this as a spawning area- declined to address the request for a from barges into the ship channel. application. Shrimp,once they hatch, come here public hearing. "Nobody I've talked to thinks While Ben ett was quoted in to get big. Bell said that a public hearing this is a good idea," said Tom Bell, another Beauumont.newspaper as "I'm not against advancing the was critical to fully address the con- o who's helping to form the Citizens saying vado s stake and federal econoTay, but sometime, you_va got - cerns that his group has for -the Preservation of Bessie .agcbcics, : xneluding the to put yout_foot dowo, of at least let p o Heights Marsh: "It wi11 threaten our EnVironmCn -Ptbtection Agency, people have,a voice in the process." `� �'e can have a public bearing, °° marsh, and the marsh belongs to all had'approved the permit., he said The proposed facility would then we car► bring in experts to of as. I'm mad at the governmental that' was-;1101 exactly how the resemble a giant parking lot;-with show our side." he said. entities that are allowing this to process worked:" Instead, he said barges lirrod up' aide-by-side: along Bennett said no decision. had happen." none of th l anous.governmental- the outside edge of the oxbow:irr the : Been made as to whether or not a The Army Corps of Engineers entities had sed concerns during- river. What worries local sportsmen public hearing would be held." ti originally issued a permit for file the eomme, eriod: - is that the..edrrrTiinatson of a crowd- John Nack can be reached at 409- project on Jan.-$, but concerrns from However. - ply sending a catrr ed'area;'vbla�tileeargoes and rela- 6;32.-1400,-ext: 116= or by a-malt at .t:.,nt�nfl=1att ilirity a inac�cessil�ili conic lead to a �ohnhock®theezarn�ner.eom." at,�l r�r�vitin� tiv .. ' FEB. 13. 2003 11 , 15AM N0. 808 P. 21/22 editor hiagrr i rstaap-com r P OI 1887 LAI DMPU, ters P. Now Si4ow-Ime ,inaLO PLANET OF T *hts ES. ,T must not t Odelines Bowl in Tmpa,spe- 1 t Aed wig force-recoa- \ , assed through s adi- S tse was designed to patched up with mug alu nbia (arid several-. are set Up at Vanims my motorists ran red + E i ��.� D��h1D9''LOnwere 8226 traffiic Ockt t. wound' TV d gL lrenee prof from acdd s che Gra s BesSxe � ea gh rl xg and leaving.Air t t,j is used to make pulled.off its No.l dock accidentally cw,,do xedt stealing money The incident on the Neches RNer on A en't swit iisg .tickets 6 involving a,o roxiznately 1,50'0 to 2,000 the, s all, was luddly in a r aonitore ers to avoicT paying lops of crude oil be` spilled into the a river area,Now could you ma&e UP to 60 rhem- tlear the Rainbow Bri ge�s a prune exa�npe ical bares mooaed,uarYne and vally and on FBI agents of what can ha erg even at a well-too nnulonitored in front of qtr Buie He� 's computer without a toned location.This incident is exactly wy Marsh breaking loose and causing a spill Mon- is being typed on the the Citizens for"the Preservation of tl a No v the incident that occumd on Mon- oreview what should Bessie Heights Marsh are concerned'aboiiitt dayy had.quick and Immediate response arnd . . ty bou tanhould the possib�ty of a permit being grated to stt11 caused the ship charnel do be shut f he is predls- n2oor up to 6o chemical barges- near a down for hours i�hfle boozes Wete put out to entrance of Bessie Heights Marsh. contain the spillage a'nd olean up.threats to pzi- It was reported that the cause of Mo - 'This is why the Cid=M for The PresOtva- with c _ days spM could be the result of ship tra ,pc tion of Bessie He*ts Mash is attempting to Regrettably,laws and in the river. It was stated by several sou%eess h�eet a public hearing and let the voice of the the ractxc� lag fairulxar vritti our waterways that it.is �t looal citizen speak out and see that Bessie P uncommon for passing ships to exert suc :a Heights is not put into unnecessary danger. laying catch-up and force on docks that sWps and barges c'• . TOM BELL someone's rights may break free from their mooring's. Beaumont FEB, 13, 2003 11 : 16AM N0. 808 P, 22/22 The Examiner- Sep_20'-26,2001 21 Public Comment ern d reopened for controversial mo r , g project > Dint E.Hook Fordyco said than any bear- that seems to be molt: of a S wNlot as that may take place would better option than a public The ikey Due to public onataryr the �ratttre,rather Uaan an offiora�l h Newton said that he has not Galveston district of the Army examitred 931 of the 1 Corps of J rgirrcers has re (fcorp5 a fall-blown public options available to the reopened ',the pvbliic noAcb , the concept rb first zee's�,tronpa, but that would comrncttf �ierind rerrtcemng of Enginears be their for tts in the coning thestepc�b appCIi=fton by �palveston district command- days. '" � 'for ) Colonel a barge moonag£a ' iu an aterworth) and our>hief we'll ezabr nt1� � o�inpto tit, oxbow of tire-Neches Rinser race Bcmett) slit up front, to see everything &WS but near the Bessie lrleights _d They just collect infotma– there," Nevvtoa staid. "$ut Moab entrance. from the public," right now we've just been The Corps of EnSimeers ordycc said_."There's really focusing on gig the corps received numorows letters o question-answer feedback to allow the public-an aptor- frum concerned local citizens, erg.We decided that tbat's tunitY to eomrxaept+on this. to Ryan Pordycc, robably not the best thing to Nilmemxatts calls to the mu g for the corps. P"O by John£-Mack o but we did discuss some- office of Wostern Towing fife office of ChUens have a second chance 1'o register obieclians to the }ring that 5enstor Bemsen's vice pmsid'ent Jeff Golsby for 9ettator David Bernson Western pouring Company's prop'as'ed barge mooring prof- ice suggested—a kind of 00mme2t were not returned. aided treacly 100 Ietters ear Lttllllah irruu'Id he Ine3Ued here on the Neches River. nforma] 'question-and- "tUCows of Eaa&eets. John E.Hock can be rokcned ii it it was appropriate xnatter,"said Bell,"Otlaer par- in close quarters. answer-type thing. We at 409-M-1400.ext, 11$,or at to reopen the public comiti mr- ties in the area am stardiW to Concerns focus mainly on aven't decided on;it yet,but iohnhoWft.eeunihoLcoM nary period,given the aiaiaunt cote on board with this thing. the potcudol impact of a spill of feedback that wove We've got the city of Port near the ecologically sepsifive - received cone'crnialg the pMj- Neches on board with us." Bw9c Beights 1MwW,which cot," said Ryan Fordyce. Bell said that the officials serves as a natural fishery and "wWe're going to open it again in Port Neches were con- hatchery,and the remote toes for a`period of l5 days.I dlh* eemed with i'be possible lion and lack of road access to there s s stguiEcant amount of' impact the mooring facility the site,which would severely interest ortt tlr= about this might have on the city's hamper fire fLglatifrg efforts t&P-An 0 project, so we pli nrtad on recatrtay-amttnttnccd ii L rasat�ltould f�> ti OPeNiPS it tip to anyone who dcvelopnrient projecL.In eddi- - While-the origin],permit- Now Open I D!Lys ' 'eels wants to w�errx WAe, Lion, one of the letters of was grasated ilk January, Con— The public costutacnx peri- objection received by cores frbnr'the Sabine 1'ilvts od commenced on Sep, 17 Fordyce's office was from Association about the flow of and v4ld continue through Port Neches fire chief Ken traffic its the river forced the Dctpber 1. Boise. project Iocation to be Fos'd ce said that the Carps I got a letter from their chimsed. An amendment to of Engineers is interested in fire chief saying that they the original permit which was ` Ken Hatch raaIdAg $me Haar all patties have cancems,"said Fordyce. sttboxitted on July 3 is the plow -orrcetired MY under d "Aasically they had a few issue now under question. Tam the issues involved vwrtlt the quo [ions about spill contain- Chris Newton,the attorney p�II GyM.dwipry projeu inent and how rrucli of a spill representing the citizens' "With this natict:, wo'v'e boom is going to be era site, group, said that his primary Jack EdeflJ' �veetVtata induded some of Om objec- They were also concerned ,lob at this point was organiza- loss and the responses of the about their Am figh&S ctapa- tion and information. Thu appplicut(Weptem Towing)to bilities era ante and who would "I think our main foeds ak M Arose oMections," he said. be financially responsible if right now is just gotting inter 'I3ope'ftvlly it may be a little (tht city's fare fighters)have ested rneiabers of the comma- Andy 1Ih :tearer for people." to respond." pity orgamrizcd and making Sm fpt'lshibg of the Citizens The application ests a Satre daft tveryone in the cony- MA 111 M eservation of Bessie permit to allow Western ' mnrity knows wbat's up this- Sundw IMarsh, said that Towing Company to install 44 time aromd," Newtom said aa�uaoripccAlimt was moot buoys in an oxbow "We haven't gone beyond iarw" news,his group was of the echos River about two looking at ilic possibility of chuck 1�]cg to have a public mil0S upstream hum the sate , Securing a public hearing.My rya rcariaag. }ivy.87 bridge.The citron's ruaira focus has been trying to "We've gone much more group raised quesums aboat persuade the corps that it's in organized, and wc'vc totted a die fact up to 60�bwges laden everyone's best interest to awyser and the whale nitre with da4grcius chemicals have a public hearing on the ; 'ards Io assist us with this could be parked side-by-side issue:' M ° City ®f Beaunwnt REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 18, 2003 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Joey Hilliard would be appointed to the Board of Adjustment(Zoning). The term would commence February 18, 2003 and expire February 17, 2005. (Mayor Evelyn M. Lord) Charlotte Wills would be appointed to the Drug Free Beaumont Commission. The term would commence February 18, 2003 and expire February 17, 2005. (Councilmember Lulu Smith) Harriott Babineaux would be appointed to the Drug Free Beaumont Commission. The term would commence February 18, 2003 and expire February 17, 2005. (Councilmember Andrew P. Cokinos) Terleen Hurst would be appointed to the Drug Free Beaumont Commission. The term would commence February 18, 2003 and expire February 17, 2005. (Councilmember Becky Ames) Martha Simien would be appointed to the Drug Free Beaumont Commission. The term would commence February 18, 2003 and expire February 17, 2005. (Councilmember Becky Ames) Karen Neild would be reappointed to the Drug Free Beaumont Commission. The current term would expire July 24, 2004. (Councilmember Becky Ames) Emma Brown would be reappointed to the Drug Free Beaumont Commission. The current term would expire May 11, 2004. (Councilmember Andrew P. Cokinos) Marie Easley would be reappointed to the Drug Free Beaumont Commission. The current term would expire February 15, 2004. (Councilmember Andrew P. Cokinos) Lillie Green would be reappointed to the Drug Free Beaumont Commission. The current term would expire March 23, 2004. (Councilmember Andrew P. Cokinos) A) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Willow Creek Country Club Estates Phase I, Section VI Subdivision B) Approve a contract for the purchase of corrugated polyethylene pipe A A.. City of Beaumont Council Agenda �UUE � g a Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 18, 2002 AGENDA MEMO DATE: February 10, 2003 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Willow Creek Country Club Estates Phase I, Section VI Subdivision. RECOMMENDATION Administration recommends approval of the following: • Willow Bend Drive from the existing Willow Bend Drive dead end, approximately 265 feet to Brooks Road; • Coral Creek from proposed Willow Bend Drive, approximately 785 feet west to and including the cul-de-sac; and • Apremont Circle from proposed Willow Bend Drive, approximately 495 feet east to and including the cul-de-sac. Also, recommended for approval are the water and sanitary improvements for Lots 1-10, Block 1 and Lots 1-5, Block 2. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on January 23, 2003. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in the Willow Creek Country Club Estates Phase I, Section VI Subdivision. Phl Sec6.wpd February 10,2003 WALDEN wx Q I RMLOW CREEK COUNTRY CLUB ESTATES ' PHASE 4 SECTION YI LOCATION MAP NTS WILLOW CREEK COUNTRY CLUB ESTATES PHASE I, SECTION VI SUBDIVISION B Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: February 18, 2003 AGENDA MEMO DATE: February 11, 2003 REQUESTED ACTION: Council approval of a contract for the purchase of corrugated polyethylene pipe. RECOMMENDATION Administration recommends award of a one (1) year contract for purchasing corrugated polyethylene pipe to Moore Supply Co. at the unit costs reflected in the attached bid tabulation. BACKGROUND The contract specifies that the successful bidder shall provide approximately 11,000 feet of various size corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division. The pipe is utilized by the Streets and Drainage Division to replace driveway pipe during cleanout of City ditches. Existing pipe which is damaged, improperly sized, or not set at correct grade is replaced as needed. Twenty-nine (29) vendors were notified with five (5) submitting bids. The product bid by Moore Supply Co. has been utilized previously and meets specifications set forth in the bid. BUDGETARY IMPACT The contract provides for the vendor to furnish approximately 11,000 feet of corrugated polyethylene pipe at fixed costs as reflected in the attached bid tabulation. The total estimated expenditure is $57,105 for the one (1) year contract period. The previous contract period prices were as follow: $2.52 per foot for 12" diameter; $3.52 per foot for 15"; $4.82 per foot for 18"; $7.70 per foot for 24"; and $16.25 per foot for 36". Annual Contract for Corrugated Polyethylene Pipe February 11, 2003 Page 2 Funds are available for this expenditure in the Public Works Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. RECOMMENDED MOTION Approve/Deny award of a one (1) year contract for purchasing corrugated polyethylene pipe to Moore Supply Co. at the following unit costs: $2.96 per foot for 12" diameter; $3.98 per foot for 15"; $4.90 per foot for 18"; $7.86 per foot for 24"; and $17.35 per foot for 36". BID TABULATION FOR ANNUAL CONTRACT FOR CORRUGATED POLYETHYLENE PIPE BID NUMBER: RF1003-11 Moore Supply Co. Golden Triangle Pipe Coburn Supply Co. Est. Description Beaumont,Texas 77701 Beaumont,Texas 77720 Beaumont,Texas 77701 Qty Unit Total Unit Total Unit Total 1000 ft 12" Smooth Interior Corrugated Pipe $2.96 $2,960.00 $2.98 $2,980.00 $2.96 $2,960.00 _6000 ft 15" Smooth Interior Corrugated Pipe $3.98 $23,880.00 _ $4.00 _ $_2_4,000.00 $4.06 $24,360.00 2000 ft 18" Smooth Interior Corrugated Pipe $4.90 $9,800.00 _ $4.94 $9,880.00 $5.00 $10,000.00 1500 ft 24"Smooth Interior Corrugated Pipe $7.86 $11,790.00 _ $7.91 $11,865.00 $8.01 $12,015.00 500 ft 36" Smooth Interior Corrugated Pipe $17.35 $8,675.00 $17.49 $8,745.00 $17.17 $8,585.00 Total Bid $57,105.00 $57,470.00 $57,920.00 Manufacturer Bid ADS ADS ADS Advanced Drainage Sys. ACT Pipe&Supply Co. Est. Description Houston,Texas 77027 Houston',Texas 77034 Qty Unit Total Unit Total 1000 ft 12"Smooth Interior Corrugated Pipe $3.08 $3,080.00 $3.12 $3,120.00 6000 ft 15" Smooth Interior Corrugated Pipe $4.15 $24,900.00 $4.28 $25,680.00 2000 ft 18"Smooth Interior Corrugated Pipe $5.11 $10,220.00 $6.48 $12,960.00 1500 ft 24" Smooth Interior Corrugated Pipe $819 $12,285.00 $9.26 $13,890.00 500 ft 36"Smooth Interior Corrugated Pipe $18.08 $9,040.00 $19.78 $9,890.00 Total Bid $59,525.00 $65,540.00 Manufacturer Bid ADS Hancor