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Home My WebLink AboutPACKET JUNE 24 2003 City ® Beaumont REGULAR MEETING OF THE CITY COUNCIL, COUNCIL, CHAMBERS JUNE 24, 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 3-6/Consent Agenda * Consent Agenda GENERAL, BUSINESS 1. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to LI (Light Industrial) District for the property at 2055 Hemlock 2. Consider approving a request for a specific use permit to allow the construction of fraternity and sorority houses in an RCR(Residential Conservation and Revitalization) District in the 1000 blocks of Iowa and Georgia 3. Consider approving a request to abandon portions of Grove Street, Holly Street, Doucette Avenue, Madison Avenue, Van Buren Avenue, Fulton Avenue and numerous alleys 4. Consider approving a resolution authorizing the City Manager to execute a license agreement with Crockett Street Development, Ltd. 5. Consider approving a bid for the purchasing and installation of two (2) IBM iSeries 9406-810 mainframe computer systems 6. Consider authorizing the City Manager to execute an agreement for the presentation of a Broadway Theatrical Series PUBLIC HEARING: Dilapidated Structures 7. Consider approval of an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 June 24,2003 Consider approving a request for a zone change from RM-H(Residential Multiple Family Dwelling- Highest Density)to LI (Light Industrial) District for the property at 2055 Hemlock V P.. City of Beaumont Council Agenda Item UIE! g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: June 24, 2003 AGENDA MEMO DATE: June 17, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to LI (Light Industrial) District for the property at 2055 Hemlock. RECOMMENDATION The Administration recommends approval of the request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to LI(Light Industrial)District for the property at 2055 Hemlock. BACKGROUND Joseph Durousseau Jr., the property owner of 2055 Hemlock, originally made this request in June, 2001. M r. D urousseau wanted to open a welding shop. At that time, the Planning Manager recommended denial of this request. That denial was based upon the fact that it was spot zoning. At the original public hearing,there was discussion about ExxonMobil's plans for the old Charlton- Pollard school site which is just north of the subject property. That property was zoned RM-H. The Planning Commission decided to table Mr.Durousseau's request until such time that a zone change was granted for the Charlton-Pollard school site. In April,2003,ExxonMobil asked for and was granted a zone change to LI for the Charlton-Pollard school site. Mr. Durousseau has now asked that his request be considered again. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held June 16,2003,the Planning Commission voted 6:1 to approve the request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to LI(Light Industrial)District for the property at 2055 Hemlock. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) to LI(Light Industrial)District for the property at 2055 Hemlock. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 2055 HEMLOCK, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H(Residential Multiple Family Dwelling-Highest Density)District to LI (Light Industrial) District for property located at 2055 Hemlock, being Lot 17, Block 2, Willard First Addition, City of Beaumont, Jefferson County, Texas, containing 0.16 acres, more or less., as described on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2003. - Mayor Evelyn M. Lord - FILE 1558-Z: Request for a zone change from RM-H (Residential Multiple Family NORTH Dwelling - High Density) to LI (Light Industrial) District. - Location: Southeast corner of Lincoln and Hemlock Applicant: Joseph Durousseau, et uz SCALE t 1"=200' �4N I ~ ~' !;` Jr � ! 71 ��J1�� I ♦ ♦ ` All+ f t�1 .M.1 I '• SCHWARNER ST. w Its s L I f» rani ,, a -- ' n• ' • j a a � • O N 1�t i�f �• v 1 � s f. i w +�' u of . G or .— x SUBJECT to AV ; 'Co 60 iv jo AV 41 ao f fa >' az � . • tOt � � M � i ! ! 1 ! I ! • 2 / r: �1 JI M U •�::;:'::Sri :. � <i:: 7f. A► I a alto too.o • N Q s I s .w ff...:P1 At a I 3 W Ahm GRANT ST. .. .:. .. ......:.:. AP wr,✓ ff H F®r 2 n I afar ss s •� —�� ! s i.l•�U"S .•.� � IK m � s N N„ I 0 � Il !I ! i 1 i I � y +: � - so //021 i 1200 $ /3G� SHERMAN ST. /NOCO S s ti •f �° or .r ... 1 /Q 1! > i��! jam.• '� . • 3 we 3dn& AMP M fl N eni• ` /11' j, ' I I �i s ' s s. d" I s ep. t , • • i • ♦ ! w . ' .. I g ►� fl EXHIBIT "A's 2 Jane 24,2003 Consider approving a request for a specific use permit to allow the construction of fraternity and sorority houses in an RCR(Residential Conservation and Revitalization)District in the 1000 blocks of Iowa and Georgia City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: June 24, 2003 AGENDA MEMO DATE: June 17, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow the construction of fraternity and sorority houses in an RCR(Residential Conservation and Revitalization)District in the 1000 blocks of Iowa and Georgia. RECOMMENDATION The Administration recommends approval of the request for a specific use permit to allow the construction of fraternity and sorority houses in an RCR (Residential Conservation and Revitalization)District in the 1000 blocks of Iowa and Georgia, subject to the submittal of detailed drainage plans approved by the City. BACKGROUND Lamar University is proposing to lease land to various fraternity and sorority organizations so that these organizations can build residential facilities for their members. These facilities will have accommodations for full time occupancy including bedrooms and cooking facilities. The proposed plans call for ten different houses and related parking. Each organization will be responsible for building its house but will be subject to review by the University. Ownership of the building will remain with the fraternity or sorority. Any fraternity or sorority wishing to provide housing for their members will enter into a ground lease with the University. Each fraternity and sorority will be required to meet city requirements when submitting specific building plans. The only signage involved with these facilities would be attached to the building identifying the fraternity or sorority. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held June 16,2003,the Planning Commission voted 7:0 to approve the request for a request for a specific use permit to allow the construction of fraternity and sorority houses in an RCR (Residential Conservation and Revitalization) District in the 1000 blocks of Iowa and Georgia, subject to the submittal of detailed drainage plans approved by the City. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow the construction of fraternity and sorority houses in an RCR(Residential Conservation and Revitalization)District in the 1000 blocks of Iowa and Georgia, subject to the submittal of detailed drainage plans approved by the City. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING a SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF FRATERNITY AND SORORITY HOUSES IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED IN THE 1000 BLOCKS OF IOWA AND GEORGIA, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a Specific Use Permit to Lamar University, to allow the construction of fraternity and sorority houses in an RCR(Residential Conservation and Revitalization)District located in the 1000 blocks of Iowa and Georgia, being Lots 17-20, Block 6, Lots 2-10 and Lots 15-19, Block 9 and Lots 1-12, Block 24, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 4.47 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow the construction of fraternity and sorority houses in an RCR (Residential Conservation and Revitalization) District located in the 1000 blocks of Iowa and Georgia, being Lots 17-20, Block 6, Lots 2-10 and Lots 15-19, Block 9 and Lots 1-12, Block 24, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 4.47 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Lamar University, its legal representatives, successors and assigns for that certain tract described on Exhibit"A" attached hereto and made a part hereof for all purposes, subject to the following condition: L::> Submittal of detailed drainage plans approved by the City. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2003. - Mayor Evelyn M. Lord - FILE 1672-P: Request for • permit r r allow the 1 t ' r t of t NORTH and sorority houses in an ► s (Residential Conservation t r Revitalization)-- t r t i l i ► t t f low A t t a J► i i I M7 I li f V ��. Hindi EEO em SAM PI" Ho'. %/ Splo �'M-.;a i �i / id qvm/ %% z IA US M MIN M • - - - - - - + - —. — - - - .......:.... t-- _.—T_ - �.......... — -_. —t.------ - i � ! i I ® ®! o I s — -- - Yn t 1 ! i i 1 i ----------------------------------------------------------------------- ------------------------------------------------------------------------- o.orMr ! ! t I i i 1 rrbrose, McEnonv and EXHIBIT "B" 3 June 24,2043 Consider approving a request to abandon portions of Grove Street,Holly Street, Doucette Avenue, Madison Avenue, Van Buren Avenue, Fulton Avenue and numerous alleys City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: June 24, 2003 AGENDA MEMO DATE: June 17, 2003 REQUESTED ACTION: Council consider a request to abandon portions of Grove Street, Holly Street, Doucette Avenue, Madison Avenue, Van Buren Avenue, Fulton Avenue and numerous alleys. RECOMMENDATION The Administration recommends approval of the request to abandon portions of Grove Street,Holly Street,Doucette Avenue,Madison Avenue,Van Buren Avenue,Fulton Avenue and numerous alleys. BACKGROUND Fittz&Shipman,Inc.,the applicant,is requesting the abandonment of portions of numerous streets and alleys south of Grant Street and east of Sycamore Street. The purpose of these closures is to facilitate Exxon Wobil's development of an electrical substation and a cogeneration plant to more efficiently operate the refinery. Over the years,the City of Beaumont has abandoned a number of streets and alleys in this area at the request of ExxonMobil. This item was distributed to all interested parties. Entergy states that it has 34.5 KV primary distribution facilities along Doucette and Holly and is requiring a utility easement or moving the lines at ExxonMobil's expense. On June 17, 2003, staff received confirmation from Entergy that an agreement to move the lines had been worked out between ExxonMobil and Entergy. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held June 16, 2003, the Planning Commission voted 6:0 to approve the abandonment of portions of Grove Street, Holly Street, Doucette Avenue, Madison Avenue, Van Buren Avenue,Fulton Avenue and numerous alleys, subj ect to retaining a 26'wide utility easement or move the line at ExxonMobil's expense. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request to abandon portions of Grove Street, Holly Street, Doucette Avenue, Madison Avenue, Van Buren Avenue, Fulton Avenue and numerous alleys. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING THE 20' ALLEY IN BLOCK 3 OF NORTH ADDITION LOCATED BETWEEN TEXAS AND GRAND AVENUE AND IH-10 AND CATALPA AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT portions of Grove Street, Holly Street, Doucette Avenue, Madison Avenue, VanBuren Avenue, Fulton Avenue and numerous alleys as shown on Exhibit "A" and Exhibit "B" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2003. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Grove Street-Being that portion of Grove Street beginning in the south right-of-way line of Grant Street and continuing in a southerly direction to what is the northeast corner of Tract E Plat,D.Brown Survey,Abs. 5,C-3 and the northwest corner of Tract 3,D.Brown Survey, Abs. 5, C-3, containing 0.762 acres, more or less. Alley(Block C, Oakwood Addition)-Being a 20'x 350'alley beginning at the east right-of- way line of Grove Street and the northwest corner of Lot 1,Block C, Oakwood Addition,D. Brown Survey,Abs. 5 and continuing in an easterly direction to what is the northeast corner of Lot 7,Block C,Oakwood Addition,D.Brown Survey,Abs. 5,containing 0.16 acres,more or less. Alley (Block 4, Oakwood Addition) - Being a 20' x 250' alley beginning at the southwest corner of Lot 13 and the northwest corner of Lot 4, Block 4, Oakwood Addition and continuing in an easterly direction to the west right-of-way line of Holly Street, containing 0.114 acres, more or less. Doucette Avenue-Being that portion of Doucette Avenue beginning at the east ri ght-of-way line of Sycamore Street and continuing in an easterly direction to what is the southeast corner of Lot 9, Block D, Oakwood Addition, D. Brown Survey, Abs. 5, and the northeast corner of Lot 7,Block E,Oakwood Addition,D.Brown Survey,Abs.5,containing 1.44 acres,more or less. Alley(Block 5, Oakwood Addition) -Being a 20'x 400'alley beginning at the east right-of- way line of Holly Street and continuing in an easterly direction to the west right-of-way line of Grove Street, containing 0.183 acres, more or less. Alley(Block 7, Oakwood Addition)-Being a 15'x 400'alley beginning at the east right-of- way line of Sycamore Street and continuing in an easterly direction to the west right-of-way line of Holly Street, containing 0.137 acres, more or less. Alley(Block 14, Oakwood Addition) -Being a 20' x 350' alley beginning at the southwest corner of Lot 2 and the northwest corner of Lot 15, Block 14, Oakwood Addition and continuing in an easterly direction to the west right-of-way line of Holly Street, containing 0.160 acres, more or less. Alley(Block 16,Oakwood Addition)-Being a 20'x 400'alley beginning at the east right-of- way line of Sycamore Street and continuing in an easterly direction to the west right-of-way line of Holly Street, containing 0.183 acres, more or less. Fulton Avenue -Being that portion of Fulton Avenue beginning at the southwest corner of Lot 12,Block 16,Oakwood Addition and the northwest corner of Lot 5,Block 23,Oakwood Addition and continuing in an easterly direction to the west right-of-way line of Holly Street, containing 0.275 acres, more or less. EXHIBIT"A" LEGAL DESCRIPTION continued Holly Street-Being that portion of Holly Street beginning at the south right-of-way line of Burt St. and continuing in a southerly direction to the north property line of Tract 6, D. Brown Survey, Abs. 5, C-3, containing 2.093 acres, more or less. Madison Avenue-Being that portion of Madison Avenue beginning at the southwest corner of Lot 15, Block 7, Oakwood Addition and the northwest corner of Lot 2, Block 14, Oakwood Addition and continuing in an easterly direction to the west right-of-way line of Holly Street, containing 0.482 acres, more or less. Van Buren Avenue-Being that portion of Van Buren Avenue beginning at the east right-of- way line of Sycamore St.and continuing in an easterly direction to the west right-of-way line of Holly St., containing 0.55 acres, more or less. ro.•�n• GRANT STREET mile M w111/'170.M e� IM,a7 p c,wrcYnl p.sal t w•sl y� e at rs o .\XW -F= g g anaaa,a 9 oo a .p 6!92700'w 00.ar r' d n"a•1w7 9 PAW tsw3 r wr�a a••O p.sr•..m ipAO�4• is aao'ao•r�367 s werlr■7=.W woY 8 8940.00'w 07RY ax wn E ran..m.n tart n.m.n rwn A m.n 9 JT 4 1 6 \/ �o 9 101 3 A 8' C_ O F n.o rAOYOUA r17YOUw w \ _ _ _ w lmmnwx rw..,T O w w "..o no F ary fur c-x 11Ue7 7 T s w%&*w Tmw •� cuua tar.w sl Y014LL ICCGAL 1 2 4 3• 6 7 8 9 10 le w 5 \' 2 4 g 6 7 as - 1 2 3 4 L` 5 6 71 A a 220 19 (J 17 16 15 14 13 12 111 w Md ... 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INC. PROJECT NAME: EXXON—MOBIL c 1 �ON01°r' JEFFERSON COUNTY 1405 CORNERSTONE COURT,BEAUMONT. TEXAS TEXAS REVISED: JUNE 9, 2003 PROXCT NC (409)832-7238 rAX(409)832-7303 DATE'5-22-03 02166 4, June 24,2003 Consider approving a resolution authorizing the City Manager to execute a license agreement with Crockett Street Development, Ltd. :0~ City of Beaumont •i• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 24, 2003 AGENDA MEMO DATE: June 19, 2003 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute a license agreement with Crockett Street Development, Ltd. RECOMMENDATION Administration recommends approval of a license agreement with Crockett Street Development, Ltd., for the use of the Crockett Street right-of-way between Main and Pearl Streets. BACKGROUND The Crockett Street Development and the City of Beaumont entered into a private/public partnership to develop Crockett Street.The City was responsible for paving,sidewalk and lighting improvements on Crockett between Main and Pearl,Main from Crockett to Bowie, Bowie from Main to Pearl and Pearl from Bowie to Crockett. This license will provide Crockett Street Development exclusive use of the Crockett Street right-of- way from Main to Pearl. Under the terms of the license, Crockett Street Development may limit vehicular and pedestrian traffic to this section of Crockett Street. In return for this exclusive license, Crockett Street Development agrees to provide the City notice prior to limiting pedestrian access and remit to the City a fee of ten(10)percent of the gross receipts for admission if the event is"for profit." There is no fee for"non profit" events. Additionally,the maintenance of the infrastructure on Crockett Street from Main to Pearl will be the responsibility of Crockett Street Development.Also included in the license is an indemnification clause and the requirements for insurance with the City as a name insured. BUDGETARY IMPACT Revenue will be based on the number of events held and is unknown at this time. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, City Attorney and Public Works Director RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a license agreement with Crockett Street Development,Ltd. LICENSE STATE OF TEXAS § ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § On the date last indicated below, the City of Beaumont, a municipal corporation of Beaumont, Jefferson County, Texas, (hereinafter called "Licensor") and Crockett Street Development Ltd. (hereinafter called "Licensee") contract and agree as set forth herein. Licensee desires an exclusive license from Licensor to use the real property the subject of this License Agreement described as follows: Crockett Street rig ht-of-way between Main and Pearl Streets (herein "Licensed Premises"). Licensee may limit vehicular access to the Licensed Premises, but may not limit pedestrian access at any time except as follows: Should Licensee desire to limit pedestrian access to the Licensed Premises,they must first give Licensor twenty-four (24) hours advance notice to Licensor for such privilege. If an admission charge is assessed or compensation is paid to Licensor for use of the Licensed Premises and the event is a "for profit"event, the fee paid to Licensor shall be ten percent (10%) of the gross receipts for admission to the event. There shall be no fee for non-profit events, but Licensor shall still be given twenty-four(24) hours notice as set out above for non-profit events. "Non-profit" event, as used in this License, means that 100% of the admission fee for the event is received by the organization for which the event is held and the organization is a charitable organization as defined by the Tax Code of the State of Texas. Should Licensee fail to comply with the notice and fee provisions of this paragraph,this License maybe terminated immediately. Licensor shall be allowed to audit Page 1 GARMWWGREEMENTSUCAGRMT-CSDC the financial records of"for profit"events to verify payment accuracy. Such audit will occur during normal business hours. Truck deliveries to the Crockett Street development will be limited to the Licensed Premises. No truck delivery will be made on either Main Street or Pearl Street. Licensed Premises may continue to be occupied and used by Licensee solely in connection with the Crockett Street development and for incidental purposes related thereto during the term of this License or until termination thereof. Said License shall terminate one (1) year from and after the date of its approval by the City Council of Licensor. No permanent improvements shall be made upon the Licensed Premises without first obtaining the written consent of Licensor by and through its City Manager or his designee and providing a copy of the notice to Licensor in writing of how,when and to what extent such improvements are to be made. A copy of this License shall be attached to such notice. In the event Licensor, by resolution of the City Council, determines there is a public need of the subject property or any part thereof, for the benefit of the Licensor or to protect the health, safety or welfare of the public, and it terminates this License or any part thereof, Licensee shall not receive any compensation and the Licensor shall not be liable therefor whether for the value of the property taken, damage to the abutting or remaining property or improvements, loss of business or profit, loss of access, or otherwise. Licensee shall, at all times of use under this License, be liable for all liability and/or damage claims for injury or death of persons or property from any cause whatsoever Page 2 GARMMAGREEMENTMUC AGRMT-CSDC relating to the occupancy of the premises by Licensee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the Licensed Premises, during the term of this License or any extension thereof. Licensee agrees to indemnify and save harmless Licensor from any and all claims, causes of action, and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of Licensed Premises or the operations embraced by this License and including acts or omissions of Licensor in connection therewith. Licensee shall carry public liability and property damage insurance covering operations hazards, and including Licensee's obligations under the indemnification provision contained in this License (with a company acceptable to Licensor)with Licensor as a named insured in the sum of$1 million in the aggregate. Should Licensor determine at any time during the term of this License Agreement that the above coverage is inadequate, it shall notice Licensee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Licensee to obtain said additional insurance within thirty (30) days of Licensor's request shall constitute a breach of this License. A copy of the original policy shall be filed with the City Clerk of City. As part of the consideration for this License Agreement, Licensee shall pay to Licensor the sum of$10.00 (Ten and No/100 Dollars), said sum being non-refundable. Licensee recognizes that this License does not affect the use of the Licensed Premises by Licensor or any entity with a franchise to use City rights-of-way. Page 3 G:\RMW\AGREEMENTS\LIC AGRMT-CSDC This Agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty(30) days prior to the termination date therein specified. This License is neither assignable nor transferrable except (1) in conjunction with and as part of Licensee's conveyance of all the abutting property and (2) occupancy and use of the Licensed Premises by a lessee leasing abutting property from Licensee (in which case Licensee is not relieved from its obligations owed to Licensor hereunder). This License survives through probate or warranty deed or lease. In any such event, other than lease of abutting property, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying the abutting property. This License shall include the right of Licensee to have balcony structures which extend into the Licensed Premises. Licensee shall be responsible for all maintenance, repair and upkeep of the Licensed Premises, including, but not limited to, brick pavers, decorative lighting, arches and lighting on arches and curbs. Any notice to Licensor shall be sufficient if it is mailed or hand-delivered to the Office of the City Manager, City of Beaumont, P. O. Box 3827, Beaumont, Texas, 77704. Any notice to Licensee shall be sufficient if mailed or hand-delivered to the owner at 490 Park Street, Suite 200, Beaumont, Texas, 77701. Page 4 GARMMAGREEMENTSUC AGRMT-CSDC IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of , 2003. LICENSOR CITY OF BEAUMONT By: Kyle Hayes, City Manager LICENSEE CROCKETT STREET DEVELOPMENT, LTD. By: Beaumont Crockett Street Management, Inc., a General Partner By: Tom Flanagan, President Page 5 GARMMAGREEMENTSWC AGRMT-CSDC ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES, City Manager of the City of Beaumont, a municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of the City of Beaumont. GIVEN under my hand and seal of office this the day of , 2003. Notary Public in and for the State of Texas Page 6 GARMW AGREEMENTSUC AGRMT-CSDC ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared Tom Flanagan, President of Beaumont Crockett Street Management, Inc., General Partner, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed, in the capacity therein stated, and as the act and deed of Beaumont Crockett Street Management, Inc., General Partner. GIVEN under my hand and seal of office this the day of , 2003. Notary Public in and for the State of Texas Page 7 GARMWWGREEMENTSUC AGRMT-CSDC 5 June 24,2003 Consider approving a bid for the purchasing and installation of two (2) IBM iSeries 9406-810 mainframe computer systems City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 24, 2003 AGENDA MEMO DATE: June 20, 2003 REQUESTED ACTION: Council consider award of a bid for the purchase and installation of two (2) IBM iSeries 9406-810 mainframe computer systems. RECOMMENDATION Administration recommends the award of a bid for the purchase and installation of two (2) IBM iSeries 9406-810 mainframe computer systems in the amount of $257,265 to Sirius Computer Solutions of San Antonio,Texas. The computers will replace the systems in City Hall and the Police Station. BACKGROUND IBM Corporation is the sole source provider of the IBM iSeries 9406-810 systems and only distributes their iSeries through IBM Premier Business Partner companies. Proposals were requested from five(5) IBM Premier Business Partners but only one (1) company submitted a proposal. In 1998, the City upgraded both the Police and City Hall mainframe computers to the IBM Series 620. While this provided sufficient and ample growth opportunities from 1998 to the present, it has become outdated and is inadequate for the City's needs. The City Hall system, an IBM 620 with 79 Gigabytes (GB) of disk storage and 1,536 Megabytes (MB) of memory, has 1,001 users and is at 80%utilization. Software applications operating on the City Hall mainframe computer system include Water Utilities billing, Finance, Payroll, Purchasing, Code Enforcement, Fleet Management, Environmental Health, 911 Police hot site, Fire 911, and Municipal Court. Annual upgrades of the current software applications require additional memory and storage space and records from each application continue to increase as data is stored from prior years for user retrieval. As utilization approaches 90%,the system processes data much slower than acceptable and the processing platform becomes unstable with a high probability of system errors. Users are currently experiencing considerable delays receiving reports and data during periods ofhigh usage. Purchase of IBM Mainframe Computer June 20, 2003 Page 2 The proposed IBM Model 810 for City Hall includes 4,096 MB of memory with a maximum of 16 GB, 315.72 GB of disk storage with a maximum of 14 Terabytes(TB)and two internal servers with 2,048 MB of memory. The proposed system will eliminate the need for two smaller independent servers currently used to operate the Facility Management, Civic Center, Convention and Tourism, Juvenile Suspect Database, shared drive, and Water Utilities, Streets and Parks Work Management software applications. These applications will be placed on the mainframe computer, relinquishing the smaller servers to be used for an upcoming e-commerce software application. The same model is proposed for replacement of the IBM 620 system located at the Police Station where utilization by 446 users is currently at 64%. The proposed system will include 2,046 MB of memory with a maximum of 16 GB and 105.24 GB of disk storage with a maximum of 14 TB. Software applications assigned to this system are 911 Computer Aided Dispatch, Records Management, Pawn Shop and Evidence Inventory, Case Imaging, Personnel Module, offense and crime reporting, mobile data computers,problem tracking and Fire 911 hot site. A hot site provides Police and Fire with a backup on both systems to prevent the loss of dispatching capabilities in the event of a system or power failure. Although, utilization of the system does not exceed the recommended reserve, the current operating system will not support upgrades for future software applications. Upgrading to the new systems will increase processing speed, eliminate two (2) small servers, decrease annual hardware and software maintenance costs, provide adequate growth for 5-7 years, provide immediate access to reports and data, and restore functions lost due to software upgrades not supported by current operating systems. Replacement of the mainframe computer systems were scheduled for Fiscal Year 2004 budget consideration. The IS staff researched the market for current pricing and discovered that the systems were available at a substantial savings if purchased by June 30, 2003. The following chart indicates the savings to be realized from purchasing the system prior to June 30, 2003: Description Price prior to June 30 Price after June 30 Savings iSeries 810 City Hall $90,142 $180,284 $90,142 iSeries 810 Police $68,479 $136,958 $68,479 Installation $9,700 $9,700 0 Total $168,321 $326,942 $158,621 In addition,there is considerable savings to be realized from the purchase of a five(5)year hardware maintenance and a three(3)year software support agreement. At the present annual rate, a five(5) year hardware maintenance and a three (3) software support agreement for the IBM Series 620 system totals $281,563. The cost of the maintenance and support agreements for the proposed systems is $88,944, a savings of$192,619. Purchase of IBM Maintain Computers June 20, 2003 Page 3 Description Proposed Current Savings Price Price City Hall Software Support (3 Year) $10,910 $96,270 $85,360 City Hall Hardware Maintenance(5 Year) $39,371 $55,034 $15,663 Police Software Support (3 Year) $10,910 $76,770 $65,860 Police Hardware Maintenance(5 year) $27,753 $53,489 $25,736 Total $88,944T $281,563 $192,619 The cost for both systems including equipment, maintenance and installation is$257,265. Based on the potential savings if the system were purchased prior to June 30, it was decided to proceed with the purchase from this budget year's funds. BUDGETARY IMPACT The cost of the systems will be distributed as follows: Police Confiscated Goods Fund $111,992 Capital Reserve Fund $75,240 Solid Waste Fund $6,270 Hotel Occupancy Tax Fund(CVB) $141 Municipal Court Technology Fund $3,181 Water Fund $10,160 IS Division $50,281 Although, this project was not budgeted, there have been savings in the above stated accounts to offset the cost. In addition, the City will be reimbursed a pro-rata share of its prepaid software maintenance. Reimbursements due the City, along with the systems minimal trade-in value total $29,633. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Chief of Police. Purchase of IBM Maintain Computers June 20, 2003 Page 4 RECOMMENDED MOTION Approve/Deny the purchase and installation of two (2) IBM iSeries 810 mainframe computers, a three(3)year software support agreement and a five(5)year hardware maintenance agreement in the amount of$257,265 from Sirius Computer Solutions. 6 June 24,2003 Consider authorizing the City Manager to execute an agreement for the presentation of a Broadway Theatrical Series V~ City of Beaumont �• Council Agenda Item � g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 24, 2003 AGENDA MEMO DATE: June 18, 2003 REQUESTED ACTION: Council consider authorizing the City Manager to execute an agreement for the presentation of a Broadway Theatrical Series. RECOMMENDATION Administration recommends authorizing the City Manager to execute an agreement with Jam Theatricals, Ltd. (Jam) to partner with the City for the presentation of a three-show Broadway Theatrical Series at the Julie Rogers Theatre. BACKGROUND In April 2000, City Council approved an agreement with Theatre League of Louisiana (TLL) to collaborate with the City for the first of a three-show Broadway Theatrical Series. Due to the overwhelming success of the inaugural season, the City was able to realize a net show revenue of approximately $19,000. Unfortunately, the following season failed to generate revenues as substantial as the first. This, along with an aggressive three-show performance of"Cats"and its considerable financial risks, prompted the City to allow TLL to present the series independently. The third season was extremely well received. However, prior to the last show, TLL filed for bankruptcy due to financial investments not connected with the Beaumont series. The last show of the series, "Saturday Night Fever,"was presented with additional financial support from Hibernia Bank, the series' sponsor. Due to TLL's financial condition,they are no longer in a position to present a series. However,the series was an overall success and there is still a desire to continue the tradition that has been cultivated over the past three years. Taking this into account, it is requested that the City enter into a partnership agreement with Jam to provide the necessary services to present such a production. Broadway Theatrical Series Agreement June 18, 2003 Page 2 Jam has agreed to accept all risk associated with the season and the presentation of shows. They will cover 100%of any losses associated with the series,leaving the City with basically no financial risk. At the end of the season, Jam will pay the City ten-percent (10%) of all profits derived from the presentation of the series. The amount of profit is determined by adding all show revenues from the individual presentations to any sponsorship money received and subtracting associated expenses. The City is responsible for processing subscription ticket sales,along with phone orders and walk-up sales on the night of the performance. Credit card usage fees incurred for series ticket sales will be combined with other expenses to determine profitability of the series. Building rental fees will be received by the City from the 10%profit sharing at the end of the season. Jam is responsible for all marketing and plans to work with local agencies for advertising placement. They will maintain public liability insurance coverage for venue, naming the City as an additional insured. Event staffing costs for all performances will also be deducted from revenues, with Jam accepting the risk if there is a financial loss. The term ofthe proposed agreement is for three years,but provides an evergreen clause which allows at least three years to be remaining at any given time. As one year expires, another year is added to the term. This allows Jam to be working a couple of years in advance to secure the best shows possible. The City does have the option of dissolving its relationship with Jam if it so desires. Two years notice must be given by the City of its intent to change the terms of the agreement. This provides some security to Jam in case they already have the future seasons booked. The following titles and dates have been tentatively secured for the proposed 2003/2004 season: Show Title Appearance Date Seussical November 10, 2003 Fame December 6, 2003 Unsinkable Molly Brown March 7, 2004 Series tickets will be priced at$45,$40 and$30 per show,depending on the desired seating location. The production of "Greater Tuna" for October 24 - 26, 2003 will also be offered to season subscribers but will not be part of the series. Jam is also attempting to present David Copperfield in the spring of 2004 but this has not been confirmed. Copperfield would be offered to season subscribers but, in an effort to keep prices affordable,would not be included in the series. A copy of the substantial agreement is attached for review. Broadway Theatrical Series Agreement June 18, 2003 Page 3 BUDGETARYIMPACT The City will not assume any financial risk but additional revenue above the facilities established rental rates could be received. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Convention Facilities Manager. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute an agreement with Jam Theatricals,Ltd.to partner with the City for a three-show Broadway Theatrical Series at the Julie Rogers Theatre. Mny 21).2003 Ms.Caaudie Hawkins 13eaUITIOnt Civic Cc-nicr Julic Ro�,ers Thcatre 701 Main Beaumont,Texas 77704 VTA FACSTMTT,F.:409-838-3715 Dear Claudie: It was nice speaking with you regarding Jam Theatrical's interest in presenting Broadway engagements at The ncaumont civic center Complex a`s part ofan annual subscription season. As we discussed,Jam would like to be the Broadway provider and we have outlined the major deal points below: Relationship: Orgunizatiou of an annual Broadway series that will operate in conjunction w.itll the venue to provide a subscription base. Jam will hold first right of refusal rights to the presentation of Broadway type events at the Julie Rogers Theatre. The goal is to maxijWze programming and create a series of Broadway styIe shows. Term: Three years,with an evergreen clause that allows at least three years remaining at any Point.$0 as one year expires amothcr year is added to the length of the contract. It is agreed that should the City of Beaumont along with the Beaumont Civic Center Complex decide that their financial situation is such that they need to change the financial terms of [lie deal,then this can be done with two years notice. The new terms would have to comparable to standard industry rates and mutually agreed between the parties. Jam would have the option or could elect to abandon the third year at our discretion,based on not being able to agree to mutually agreeable terms. Presentations: Minimum of three to four preseamdor s in each season. Jam Dutics: Program the engagements,create the marketing campaigns andcxccutc the placetuent of tite advertising and public relations,handle techtucal arrangements and the advance work Of the show,settle the financial terms of the engagement and pay all local expanses. Venue Duties: Responsible for providing the theatre,box office and all staffing necessary to present the engagement for a safe and comfortable audience and cast/crew experience. prof t/Loss: Jam will take all risk associated with the season and presentation of shows and cover 100%of any losses. At the end ofthc season,Jam will pay the venue 10%of all profits derived from the presentation of rite season. To determine the amount of profit for the sea-Spn,the parties will add all show profits from the individual presentations to any sponsorship money received for the season and subtract any show losses from the individual presentations. Coucrssions: To be retained by the venue, Novalrirs: Jaui and the venue to split all income from novelry sales 50150. Subscription: Venue to handle subscription sales and be reimbursed for credit card charges at 3%for all v isa/mastcrcard sales and 3.45%for all American Express sales. There is no charge to Jam for box office labor to take the pho=orders or handle walk up sales. The venue shall keep the per order handling fee to cover the expense of processing and mailing. Jam will be allowed to retain 100%of the management service charge on each subscriber order as included in the season expense to the consumer. Ticketing: The venue has approved allowing Jam to contract with Ticketmaster for single ticket sales. Markcting: Jam to handle the marketing and consider working with a local advertising agency to f,andle the placcn=t of advertising. Insurance: Jam ro maintain a certificate of insurance of public liability naming the venue. Mouse Expenses:The venue shall receive between$800 and$1,000 flat fee for each show for reimbursement depending on the sales of the show. This fee will cover all of the venue out of pocket costs for ushers,security,doormen,ticket takers,clean-up,box office labor and other services provided by the venue_ Reimbursable expenses to the venue shall include stagehands,credit card charges,and special additional requests from the traveling slows such as runners and catering when applicable and approved by Jam. The venue is exempt from the local sales tax due to Historical Landmark status and therefore Jam will not need to be responsible for paying tax on ticket sales. The venue does not charge a facility fee and would not enact a charge in the future unless agreed to in writing by Jam. if you should have any questions regarding any of these points,please feel free to call me to discuss. Otherwise,if these terms meet with your approval,please sign where indicated below and return via fax to .1,12-951-6686. 'Mir document will be used to draft:a contract that we can review and approve together to use between our organizations,and in the event another document is not signets off,these terms will be binding between both parties as described herein. We look forward to wo king with you and presenting an engaging seasosi of entertainment. Best Re. .1 teve Traxler Kyle Hayes President City Manager Janl'lllcatricals,Ltd. City of Beaumont 7 June 24,2003 Consider approval of an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders 1fN~ City of Beaumont 179vw_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Directo MEETING DATE: June 24, 2003 AGENDA MEMO DATE: June 17, 2003 REQUESTED ACTION: Council consider after public hearing the authorization to allow the City to demolish the following four (4) structures immediately without further notification to the owners. 1. 2330 Avenue C (5) 3. 3050 Grand (4) 2. 6755 Bigner Road (2) 4. 570 E. Simmons (5) N Indicates number of times structure has been enrolled in work program. RECOMAMNDATION Administration recommends a raze order because owners failed to comply with previous orders to correct code violations or demolish the structure. BACKGROUND These structures have appeared before City Council in the past and a raze or repair order was issued. The owners failed to comply with correcting code violations or demolishing the structure. BUDGETARY PACT City may incur the cost of demolition. PREVIOUS ACTION Previous orders by City Council to raze or repair were not complied with. SUBSEQUENT ACTION Clean Community Department will demolish or cause to be demolished, said structure. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to demolish the above listed structures in non-compliance with City codes. REQUESTED ACTION: Council consider after public hearing to declare the following twenty-six (26) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. 5. 4204 Bessemer (1) 18. 1357 Neches 6. 6695 Bigner Road 19. 190 Orange 7. 2570 Brickyard Road 20. 3180 Park (Commercial) (1) 8. 1394 Easy 21. 2070 Pear 9. 160 E. Elgie (Rear Shed) 22. 5230 Roberts Road 10. 2175 Euclid 23. 2109 Rusk 11. 3160 Gulf 24. 2945 Rusk 12. 2425 Hegele 25. 1230 Skipwith 13. 9150 Lawrence Drive (1) 26. 2395 Southerland 14. 4630 Maddox 27. 1278 Stewart 15. 1794 Magnolia Avenue 28. 830 Threadneedle 16. 4010 Magnolia 29. 890 Threadneedle 17. 36-38 Mariposa (Duplex) 30. 1630 Tilson N Indicates number of times structure has been enrolled in work program. RECOMMENDATION That City Council condemn these twenty-six (26) structures and order owner to raze within ten (10) days. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure because they have deteriorated such that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Clean Community Department and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Clean Community Department will demolish or cause to be demolished, said structures. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to condemn and raze the above listed dangerous structures. REQUESTED ACTION: Council consider after public hearing a raze or repair order on the following four (4) structures. 31. 4490 Cleveland (2) 33. 3017 Hollywood 32. 3610 Ector Avenue 34. 1155 Roberts N Indicates number of times structure has been enrolled in work program. RECOMMENDATION Owners to be issued an order to raze or repair structures within a specified time. Owners must immediately enroll in a work program following Council's specified order of time for compliance. BACKGROUND These structures were inspected and found to be substandard and not meeting City code requirements, but could be rehabilitated. BUDGETARY IMPACT None at this time. PREVIOUS ACTION The above structures were issued notification of being substandard as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Staff will enroll owner in a work program and monitor work for allotted time granted by Council. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to enroll in a work program and make repairs to structures within time period allotted by Council. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR RENOVATION OR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The following structures were previously declared to be dangerous by the City Council and is hereby ordered to be demolished without further notice to the owners: 1. 2330 Avenue C 3. 3050 Grand 2. 6755 Bigner Road 4. 570 E. Simmons Section 2. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 5. 4204 Bessemer 18. 1357 Neches 6. 6695 Bigner Road 19. 190 Orange 7. 2570 Brickyard Road 20. 3180 Park (Commercial) 8. 1394 Easy 21. 2070 Pear 9. 160 E. Elgie (Rear Shed) 22. 5230 Roberts Road 10. 2175 Euclid 23. 2109 Rusk 11. 3160 Gulf 24. 2945 Rusk 12. 2425 Hegele 25. 1230 Skipwith 13. 9150 Lawrence Drive 26. 2395 Southerland 14. 4630 Maddox 27. 1278 Stewart 15. 1794 Magnolia Avenue 28. 830 Threadneedle 16. 4010 Magnolia 29. 890 Threadneedle 17. 36-38 Mariposa (Duplex) 30. 1630 Tilson to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Sections 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas, and Section 103.5 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10)days of the effective date of this ordinance: 5. 4204 Bessemer 18. 1357 Neches 6. 6695 Bigner Road 19. 190 Orange 7. 2570 Brickyard Road 20. 3180 Park (Commercial) 8. 1394 Easy 21. 2070 Pear 9. 160 E. Elgie (Rear Shed) 122. 5230 Roberts Road 10. 2175 Euclid 23. 2109 Rusk 11. 3160 Gulf 24. 2945 Rusk 12. 2425 Hegele 25. 1230 Skipwith 13. 9150 Lawrence Drive 26. 2395 Southerland 14. 4630 Maddox 27. 1278 Stewart 15. 1794 Magnolia Avenue 28. 830 Threadneedle 16. 4010 Magnolia 29. 890 Threadneedle 17. 36-38 Mariposa (Duplex) 30. 1630 Tilson If the property owner(s)fails to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owner(s)or City Council action. Section 4. After a public hearing, the following structures are hereby found to be public nuisances in violation of Chapter 14, Section 14-50 of the Coded Ordinances of the City of Beaumont and the owner(s) is/are hereby directed to enter into a work program for the repair and/or demolition of such property within days from the date of this ordinance and to complete the demolition or repair of such property within days from the date of this ordinance. Should the owner(s) either fail or refuse to enter into a work program orfail or refuse to renovate and/or demolish the structure(s), the structure(s) is/are hereby ordered to be demolished and removed by the City of Beaumont on the account of the owner(s) thereof without further notice to the owner(s). 31. 4490 Cleveland 33. 3017 Hollywood 32. 3610 Ector Avenue 34. 1155 Roberts Section 5. 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 6. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of June, 2003. - Mayor Evelyn M. Lord - City ® Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE, 24, 2003 1030 E.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments Jayne Bordelon would be reappointed to the Keep Beaumont Beautiful Commission. The current term would expire.tune 23, 2005. (Councilmember Becky Ames) A) Approve a Receipt and Release Agreement associated with the final payment under the settlement of the]Estate of David B. Dickinson B) Approve the purchase of three(3) check valves for use by the`'Water Utilities Division A Cit y of Beaumont 7jaij Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: June 24, 2003 AGENDA MEMO DATE: June 19, 2003 REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute a Receipt and Release Agreement associated with the final payment under the settlement of the Estate of David E. Dickinson. RECOMMENDATION It is recommended that the Council adopt a resolution authorizing the City Manager to execute a Receipt and Release Agreement associated with the final payment under the settlement of the Estate of David E. Dickinson. BACKGROUND David E. Dickinson, a resident of Washington, D.C., grew up in Beaumont and spent many years working at the Beaumont Public Library. His will makes a very substantial bequeath to the library to be used for the purchase of books(not computer software) selected by the Director of the Public Libraries of the Beaumont Public Library System with the approval of the Beaumont Library Commission. On January 22,2003,the City received the primary portion of the amount willed to the City. A little over$40,000 in cash was retained until it was determined that there were no taxes due on the Estate. The attorneys who probated the Estate now wish to forward that money to the City of Beaumont and ask that the City Manager execute a Receipt and Release Agreement which would require the City to promptly return amounts to the attorney for the Estate as necessary to cover any claim for taxes that might be filed against the attorney as a personal representative of the Estate. BUDGETARY IMPACT This action will provide additional funds for the purchase of books for the Beaumont Public Library System. PREVIOUS ACTION The Council earlier authorized the receipt of the devise. SUBSEQUENT ACTION No subsequent action by the City Council is anticipated. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a Receipt and Release Agreement in the matter of the Estate of David E. Dickinson, Deceased. wnr City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: June 24, 2003 AGENDA MEMO DATE: June 17, 2003 REQUESTED ACTION: Council approval to award a bid for the purchase of three(3) check valves for use by the Water Utilities Division. RECOMMENDATION Administration recommends award of a bid for the purchase of three(3) 18" check valves in the amount of$38,946.00 from Mid-Tex Valve Sales of Lakehills, Texas. BACKGROUND The valves are to be used to replace the existing valves in the Wall Street and Avenue C sewer lift station, which have deteriorated to a point of disrepair due to the corrosive environment within the station. The specified valves utilize stainless steel components and will provide a significantly longer life than the cast iron valves being replaced, which have been in service for approximately 20 years. Bid notices were provided to seven (7) vendors, with four (4) responding with bids as reflected in the attached bid tabulation. Water Utilities personnel have determined that the lower bidders on the check valves did not meet specifications, particularly with regard to construction of the internal components and the size of the valves. The size and fit of the valves are critical in order to tie into the existing piping and pumps. The valves must be fabricated to fit the application, as the size required is irregular with respect to the industry. The primary exceptions to specifications by each of the lower bidders are as follow: • Hugh M. Cunningham - Took exception to allowing repairs on the valve seat without removing the valve from the line. The seat is the mechanism allowing tight shut-off of the line, and must be replaceable without removal due to time and expense constraints inherent with valve removal and bypass. Purchase of Three(3)Check Valves June 17, 2003 Page 2 • Rural Pipe - Requires additional filler flanges due to improper sizing. This compromises the integrity of the seal. • Golden Triangle Pipe & Water - Quotation stated the valves do not meet size specifications. This compromises the integrity of the seal. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Mid-Tex Valve Sales in the amount of$38,946 for the purchase of three (3) 18" check valves. Purchase of Three(3) Check Valves June 17, 2003 Page 3 Venidor 1)ehvery Time Check Valve Unit Egtended'Cost Cost Hugh M. Cunningham, Inc. 8 weeks $7,355.79 $22,067.37 Dallas, Texas Rural Pipe 2 weeks $11,900.00 $35,700.00 Jasper, Texas Golden Triangle Pipe and Water 60-90 days $12,795.00 $38,385.00 Beaumont, Texas Mid-Tex Valve Sales 8-10 weeks $12,982.00 $38,946.00 Lakehills, Texas 7