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HomeMy WebLinkAboutPACKET SEPTEMBER 30 2003 City of Beaurnont REGULAR MEETING OF THE CITE' COUNCIL "OIJ NI: IL CHAMBERS SEPTEMBER 30, 2003 1:30 P.M. AGENDA CAM T ORDER i Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-12/Consent Agenda Consent Agenda GENERAL BUSINESS i. Consider approving the execution of a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation(TxDOT) for the Concord Road Project 1 Consider approving a bid for the Sanitary Sewer Rehabilitation of Small Diameter Mains, Howell/Yount Outfall, Contract-VI 3. Consider approving an ordinance repealing certain sections of Chapter 6 Buildings; Structures Construction Operations and Chapter 14 Housing, of the Code of Ordinances and adopting various International Codes with amendments 4, Consider approving an ordinance repealing Chapter 10, Section 10-1, Section 10- 2, and Section 10-3 of the Code of Ordinances of the City of Beaumont; adopting a new Chapter 10, Section 10-1: International Fire Code, 2003 Edition, Section 10-2: Amendments to Code, and Section 10-3: Fire Service Fees 5. Consider approving the execution of an Interlocal Agreement with Drainage District #6 for the relocation of pipelines associated with the construction of the Delaware Street Extension and the DD#6 Hilcorp Basin Project 6. Consider approving the purchase of a dump truck for use in the Water Utilities Division 7. Consider authorizing the City Manager to execute an assignment of a contract for payments in lieu of taxes from Arch Chemicals, Inc., to Peak Sulfur, Inc. 8. Consider approving a one year contract with the Art Museum of Southeast Texas 9. Consider approving a one year contract with the Southeast Texas Arts Council (SETAC) 10. Consider approving a one year contract with the Texas Energy Museum 11. Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum 12. Consider approving a one year contract with the Jefferson Theater Preservation Society COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Dog& Cat Enterprises v City of Beaumont et al * Consider matters related employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Attorney Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 888-3725 a day prior to the meeting. 1 September 30,2003 Consider approving the execution of a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation(TxDOT) for the Concord road Project City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation(TxDOT) for the Concord Road Project. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute the Advanced Funding Agreement with TxDOT for the reconstruction of Concord Road from East Lucas to Highway 105. BACKGROUND The Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA)and the Transportation Equity Act for the 2111 Century (TEA-21) authorized transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nations economic growth and competitiveness. These transportation programs provide federal funds for the development and construction of local transportation improvements. Through the efforts of Beaumont's Congressional Delegation,the City will receive federal funding in the amount of 80 percent, up to a maximum of$7,569,600, for the reconstruction of Concord Road between East Lucas and Highway 105. The City's 20 percent share will total $1,892,400 for a total project cost of$9,462,000. The project includes the widening of Concord Road to four lanes with a continuous left turn lane from East Lucas to Highway 105 and the widening of Highway 105 with a continuous left turn from Concord Road to U.S. Highway 69 (Eastex Freeway). BUDGETARYIMPACT The Concord Road Project is included in the FY 2004 Capital Improvement Program as a Current Project. The City will be responsible for funding the entire cost of the project with TxDOT to reimburse the City for the federal share. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manger, Public Works Director and City Engineer. ConcordPhaseIVAgmtTxDOT September 24,2003 Jefferson County CSJ: 0920-38-153 Concord Road STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For a Congressional High Priority Project THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the City of Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Intermodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21St Century (TEA-21) codified under Title 23 U.S.C. Section 101 et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA-21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Orders 108465 and 108653, authorizing the State to undertake and complete a local road improvement generally described as reconstructing an existing 2 lane road to 4 lanes; and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated which is attached hereto and made a part hereof as Attachment "A" for the reconstruction of the roadway at the location shown on the Map in Attachment "B" hereinafter referred to as the Project. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: Page 1 of 8 Jefferson County CSJ: 0920-38-153 Concord Road AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work Reconstruct Concord Road to 4 lanes with a continuous left turn lane from "Highway 105" Street to West Lucas Drive and reconstruct "Highway 105" Street to 4 lanes with a continuous left turn lane from United States Highway 69 to Concord Road in Beaumont, Texas as shown on Attachment "B". 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in Attachment "C" to this Agreement. The expected cash contributions from the federal or State government, the Local Governments, or other parties is also shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. b. This project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. d. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation" in the amount specified in Attachment "C". The Local Government will pay at a minimum its funding share for the estimated cost of reviewing the environmental documentation and the preliminary engineering for the project. f. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. g. In the event the State determines that additional funding is required by the Local Government at any time during the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. h. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal government will be promptly paid by the owing party. i. The State will not pay interest on any funds provided by the Local Government. j. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Government prior to completion of the project. Page 2 of 8 Jefferson County CSJ: 0920-38-153 Concord Road k. If the project has, been approved for a "fixed price" or an "incremental payment" non-standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "A" will clearly state the amount of the fixed price or the incremental payment schedule. I. The Texas Comptroller of Public Accounts has determined that certain counties qualify as Economically Disadvantaged Counties in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. This Agreement reflects adjustments to the standard financing arrangement based on this designation. m. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Government in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties, or; b. because of a breach of this Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. c. After the PS&E the Local Government may elect not to provide the funding and the Project does not proceed because of insufficient funds; the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notifying the appropriate utility company to schedule adjustments. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation during the construction of the project, unless this work is provided by the owners of the utility facilities: Page 3 of 8 Jefferson County CSJ: 0920-38-153 Concord Road a. per agreement; b. per applicable statutes or rules, or; c. as specified otherwise in this Agreement. The Local Government will be reimbursed eighty percent (80%) of the actual costs associated with the adjustment of utilities. Prior to letting a construction contract for the Project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. a. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The Local Government will be reimbursed eighty percent (80%) of the actual costs associated with the environmental assessment. c. The Local Government is responsible to mitigate or remediate any environmental problems associated with the Project and will be reimbursed eighty percent (80%) of the actual costs associated with this work. d. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. e. The Local Government shall provide the State with written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10.Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto. The Local Government will be reimbursed eighty percent (80%) of the actual costs associated with this work. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Page 4 of 8 Jefferson County CSJ: 0320-38-153 Concord Road Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. 11.Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. The Local Government is responsible to provide twenty percent (20%) of the funding for construction responsibilities. c. The State will use its approved contract letting and award procedures to let and award the construction contract. d. Prior to their execution, the Local Government will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Government. e. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. f. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Part B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of the state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of any needed right of way or real property. The Local Government will follow the State's standard procedures as fully described in the State's Right of Way Manual. The Local Government will be reimbursed eighty percent (80%) of the actual costs associated with the acquisition of any needed right of way or real property. The State will reimburse the Local Government promptly upon receipt of complete, valid documentation in accord with applicable statutes. 14. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Texas Department of Transportation Attention: Area Engineer 8450 Eastex Freeway Beaumont, Texas 77708 Page 5of8 Jefferson County CSJ: 0920-38-153 Concord Road Local Government: City of Beaumont Attention: City Manager P. O. Box 3827 Beaumont, Texas 77704 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 15. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State or the Local Government without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. Page 6 of 8 Jefferson County CSJ: 0920-38-153 Concord Road 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 24. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Page 7of8 Jefferson County CSJ: 0920-38-153 Concord Road agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT Name Printed Name and Title Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Janice Mullenix, Director Contract Services Section Date Page 8 of 8 Jefferson County CSJ: 0 920-38-153 Concord Road Attachment A Resolution or Ordinance Page 1 of 1 Jefferson County CSJ: 0920-38-153 Concord Road Attachment B Location Map Showing Project Gail Dr Sane rkr Ave MAPBLAST3 Rose Ln y Roland Rd <t. c Qorig Ln Dobson Rd W tram d P rk tea' c Jancar Dr •. � ° ° ° River Rd Begin Project Bennett Rd Idle st },, '� o .� o m c � Lar Ise St � wlaTgo Ln fin. C; Ali o u corrrarst `' � sta End Project ,c� � o Folsorn Or r, Ralei:nUitr �y 42D01 DT '� �' ter—� 33DD ft Paae 1 of 1 Jefferson County CSJ: 0920-38-153 Concord Road Example Attachment C Project Budget and Description The City will participate in the cost of the reconstruction of Concord Road to four lanes from State Highway 105 to West Lucas Drive in Beaumont, which is an off-system facility. Based on the funding Category 4, the City's participation is 20% of the cost of this particular improvement and the other 80% will be paid for with federal funds. The total federal participation approved for this Project is $7,569,600.00. The City's estimated construction participation of this work is $1,620,080.00, including construction items, and engineering and contingencies. The State has estimated the project to be as follows: Description Total Federal State Local Estimate Cost Participation Participation Participation 80% 0% 20% ROW Right of Way $536,600.00 $429,280.00 $ 0.00 $107,320.00 Utility Adjustments $100,000.00 $80,000.00 $ 0.00 $20,000.00 PR'ELiMINARY ENGINEERING; Environmental $25,000.00 $20,000.00 $ 0.00 $5,000.00 Assessment/Mitigation Preliminary $700,000.00 $560,000.00 $ 0.00 $140,000.00 Engineering CONSTRUCTION COSTS Construction $7,000,000.00 $5,600,000.00 $ 0.00 $1,400,000.00 Engineering & $490,000.00 $392,000.00 $ 0.00 $98,000.00 Contingencies (E&C) (Estimated @ 7% of construction Engineering & $610,400.00 $488,320.00 $ 0.00 $122,080.00 Contingencies (E&C)** (Estimated @ 8.72% of construction TOTAL $9,462,000.00 $7,569,600.00 $ 0.00 $1,892,400.00 Engineering and contingencies charges will be based on actual charges. City's Participation (20%) _ $1.892.400.00 Page 1 of 2 Jefferson County CSJ: 0920-38-153 Concord Road It is understood that the proposed improvements will be done by the State and the City will transmit to the State, with the return of this Agreement executed by the City, a warrant or check in the amount of $3,000.00 made payable to the "Texas Department of Transportation" to be used solely for the cost of improvements as requested by the City. It is further understood that the State will include only those items for the improvements as requested and required by the City. This is an estimate only; final participation amounts will be based on actual charges to the project. Page 2 of 2 2 September 30,2003 Consider approving a bid for the Sanitary Sewer Rehabilitation of Small Diameter Mains, Howell[Yount Outfall, Contract-VI C VW-uLi-I City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Council approval to award a bid for the Sanitary Sewer Rehabilitation of Small Diameter Mains, Howell/Yount Outfall, Contract-VI. RECOMMENDATION Administration recommends approval of a contract with PM Construction and Rehab, L.P., of Houston, Texas in the amount of$718,494 to rehabilitate the Howell/Yount Outfall. The proposed work will include the rehabilitation of 10,078 liner feet of 10, 12, 14 and 16 inch sanitary sewer lines, removal and replacement of two syphons and ditch crossings, removal and replacement of 46 manholes and the replacement of 169 service connections on Howell and Yount Streets. The MBE goal will be met through subcontracts with the certified MBE firm Texas Mechanical Specialities, Inc., and the WBE firm of Deanie Hayes, Inc. for a total of$91,248,54. This amount represents 12.7 percent of the total bid. BACKGROUND The existing sewer lines installed in 1960 have deteriorated and require major rehabilitation. The primary goals ofthe project are to restore the integrity ofthe sanitary sewer lines,restore the carrying capacity and provide customers with uninterrupted and adequate service. BUDGETARY IMPACT The Environmental Protection Agency (EPA) will fund 55% of the total construction cost. The remaining 45%required to fund the project is available in the Water Utilities Capital Improvement Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Water Utilities Manager. 3 September 30,2003 Consider approving an ordinance repealing certain sections of Chapter 6 Buiddin s,- Structures Construction Operations and Chapter 14 Housft ofthe Code of Ordinances and adopting various International Codes with amendments City of Beaumont ...01'A : � • IL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Council consider an ordinance repealing Article I Section 6-3, Article II Sections 6-20 and 6-21, Article IV Section 6-102(4), Article V Section 6-130, Article VI Section 6-144 and 6-145, Article VII Sections 6-170 and 6-171, Article VIII Section 6-172 and Article I Section 14-1 of Chapter 6 Buildings: Structures: Construction Operations and Chapter 14 Housing, respectively, and adopting new Article II Sections 6-20 and 6-21, Article IV Section 6-102(4), Article V Section 6-130, Article VI Section 6-140 and 6-142, Article VII Sections 6-170 and 6-171, Article VIII Section 6-172, Article X Section 175 and amending Article I Section 6-4 requiring a Contractor's Demolition Bond. RECOMMENDATION Administration recommends repeal of the Standard Building Code, Standard Existing Building Code, Standard Gas Code, Standard Plumbing Code and Standard Housing Code currently in use by the City and adoption of the 2003 Editions of the International Building Code, International Existing Building Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code and International Property Maintenance Code. The City is currently using the 1996 Edition of the International Mechanical Code. Also, it is recommended that the current local amendment associated with residential house moving be changed to allow the Building Official to grant one thirty-day extension for delays caused by matters beyond the control of the owner or house mover. BACKGROUND The City of Beaumont adopted the (Southern) Standard Building Code, with related codes, and has been a member of the Southern Building Code Congress International (SBCCI) since 1954. The SBCCI, the Building Officials and Code Administrators International (BOCA) and the International Conference of Building Officials (ICBO) founded the International Code Council (ICC) in 1994. The ICC was founded to develop a single set of comprehensive and coordinated national model construction codes that could be used throughout the country. The Standard Building Code and related codes are updated every three years. With the establishment of the ICC, effective February 1, 2003, the 1999 Standard Building Code is the final edition. Since the Standard Building Code is no longer available, it is necessary for the City to consider the adoption of new codes. The ICC has developed the following codes to replace the existing Standard Codes: • International Building Code • International Energy Conservation Code • International Existing Building Code • International Fire Code • International Fuel Gas Code • International Mechanical Code • International Plumbing Code • International Property Maintenance Code • International Residential Code • International Zoning Code The International Energy Conservation Code, International Mechanical Code and the International Residential Code have been adopted by the City. The City currently has a zoning ordinance and adoption of the International Zoning Code is not necessary. Additionally, the City has adopted the National Electrical Code published by the National Fire Protection Association(NFPA). The National Electrical Code is automatically adopted by the City every three years or when updated by the NFPA. On August 21, 2003, the Construction Board of Adjustment and Appeals conducted a public meeting to receive input from interested parties. During the meeting several speakers requested consideration by the City to adopt the National Fire Protection Association (NFPA) Building Code. The new International Codes is basically Standard Building Codes, currently being used by the City, with minor revisions and/or restructuring. The natural progression of events would be for the City to adopt codes that are similar, or as close as possible, to the codes currently in use. This would minimize the learning curve for local architects, developers, contractors and City staff. Currently, the International Building Code is the most widely recognized building code and has been adopted by the Department of Defense and 45 states,including Texas. The International Building Code has been endorsed by the American Institute of Architects, the National Association of Homebuilders and many other construction organizations. Locally, the code has the support of the Homebuilder's Association of Southeast Texas and the Southeast Texas Chapter of the American Institute of Architects: A partial list of cities and state agencies in Texas that have adopted the International Building Code is enclosed. The Construction Board of Adjustment and Appeals voted 8-0, with one abstention, to recommend adoption of the 2003 Editions of the International Building Code,International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, and International Property Maintenance Code. Additionally, the Board voted to approve a new permit fee schedule. BUDGETARY EUPACT Permit fees are being increased by an average 10 percent above the current fees. PREVIOUS ACTION The proposed adoption of the International Codes was discussed with City Council during the September 23, 2003, City Council meeting. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Building Official. AdoptionBuilding Codessk.wpd September 24,2003 ARTICLE II. BUILDING CODE Sec. 6-20. Adoption of Code There is hereby adopted by the City for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures,that certain building code known as the International Building Code being particularly the 2003 Edition thereof, including Appendix A,B, C, &D. One copy of such International Building Code has been and now is filed in the office of the City Clerk of the City and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling the construction, alteration, repair, removal, demolition, equipment and maintenance of all buildings and other structures within the corporate limits of the City, save and except the portion to the International Building Code which are hereby deleted, substituted,modified or amended, as set forth in this Article. Sec. 6-21. Amendments to Code Section 105.1 of the Building Code is hereby amended as follows: 105.1 When Required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, or construct a sign of any description,or to install or alter fire extinguishing apparatus, elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus, or other appurtenances, or to install burglar bars, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. Section 106.1 is amended to read as follows: 106.1 Submittal documents. Construction documents,special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following: I. All Group A, E and I occupancies. Page 1 of 11 2. Buildings and structures three stories or more high. 3. Buildings and structures 5,000 square feet (465 m2) or more in area. For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered. Section 108.2 is amended to read as follows: 108.2 Fee schedule. Total Valuation Fee $1,000 to$50,000 $15.75 for the first$1,000.00 plus $5.25 for each additional thousand or fraction thereof, to and including $50,000.00. $50,000 to $100,000 $273.00 for the first $50,000.00 plus $4.20 for each additional thousand or fraction thereof, to and including $100,000.00. $100,000 to $500,000 $483.00 for the first$100,000.00 plus $3.15 for each additional thousand or fraction thereof, to and including $500,000.00. $500,000 and up $1,743.00 for the first $500,000.00 plus $2.10 for each additional thousand or fraction thereof. Moving Fee For the moving of any building or structure, the fee shall be $150.00 Demolition Fee For the demolition of any building or structures, the fee shall be $50.00 Penalties Where work for which a permit is required by this code is started or preceded prior to obtaining said permit, the fees herein specified shall be doubled,but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. Page 2 of 11 Plan Checking Fees When the valuation of the proposed construction exceeds $1,000.00 and a plan is required to be submitted by 105.1, a plan-checking fee shall be paid to the building official at the time of submitting plans and specifications for checking. Said plan-checking fee shall be equal to one- half of the building permit fee. Such plan-checking is in addition to the building permit fee. Section 111.4 is hereby added to read as follows: 111.4 Temporary service. Temporary electrical service may be supplied to a building that is under construction after the owner of the building and the general contractor make such request on a form provided by the Building Official. The temporary service shall be provided for a period not to exceed three (3) months. At the end of three (3)months, ten(10) days written notice shall be provided to the owner or occupant that the electrical service will be disconnected unless permanent approval or an additional temporary permit has been issued. The Building Official shall then issue written instructions to the electricity provider to disconnect the temporary electrical service. A letter addressed to "occupancy", at the address of the temporary service shall be deemed as sufficient to notify the owner if the name and address of the owner are not known. Section 113.4 of the Building Code is amended to read as follows: 113.4 Violation and penalties.Any person who shall violate any provision of the Building Code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or who shall cause to be erected, constructed, altered, repaired, moved, or demolished a building or structure, in violation of a detailed statement or drawing submitted and approved thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of such code is committed,or continued, and upon conviction of any such violation such person shall be punished as provided in section 1-8 of the Code of Ordinances. Section 113.5 is added to read as follows: (a) A building contractor's bond may be revoked, after notice and hearing before the City Manager or his designee, for either [any] of the following reasons: Page 3 of 11 (1) Reoccurring incidents of work performed not in accordance with the Building Code and the holder refuses to correct the violation after being given sufficient notice of said violations; or (2) The bond or permits were obtained or extended by fraud or deception; or (3) That one or more of the terms or conditions imposed by the bond has not been met or has been violated; or (4) Failure of the bond holder to comply with the requirements of the Building Code. (b) Prior to revocation of the bond, the City Manager or his designee shall notify the bond holder in writing, stating the reasons for which the bond is subject to revocation and advising that the bond shall be permanently revoked at the end of five (5) days following the service of such notice,unless a request for a hearing is filed with the City Manager or his designee by the bond holder,within such a five-day period. A bond may be suspended for cause pending its revocation or a hearing relative thereto. If no request for hearing is filed within the five-day period, the revocation of the bond becomes final. The bond holder may not perform any work in the City during the period of suspension pending the outcome of the hearing. (c) Service of notices - Notice provided for in this ordinance [code] shall be deemed to have been properly served when the notice has been delivered personally to the bond holder, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the bond holder. A copy of such notice shall be filed with the records of the City Manager or his designee. (d) Hearings - The hearings provided for in this ordinance shall be conducted by the City Manager or his designee at a time and place designated by him. Based upon the record of such hearing, the City Manager or his designee shall make a final finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. (e) Application after revocation-Whenever a revocation of a bond has become final, the bond holder of the revoked bond may make written application for a new bond after a period of six (6) months. Section 907.2.1 through 907.2.11 is deleted from the Building Code and is referenced in the International Fire Code. Page 4 of 11 Section 6. Section 1803 of the Building Code is amended by adding thereto the following subsection: 1803.7.1 Open pit excavations. (1) Definitions: (a) Person. As defined in section 1-2 of the Code of Ordinances. (b) Borrow pit. The pit, hole, or depression created by any excavation of dirt, sand, stone, or other earth material. (2) Except as provided in subparagraph(3)hereof,no person shall dig, excavate, remove, or cause to be dug, excavated, or removed, any dirt, clay, rock, or other material below the surface of the ground without having first obtained an excavation permit in accordance with the provisions of this subsection. Any excavations in violation of this subsection are hereby declared to be public nuisances. (3) This subsection shall not be applicable to excavation for foundation purposes, where a building permit has been properly applied for and granted in accordance with the Building Code;provided,however, if the construction for which a building permit had been granted should be abandoned or delayed for a period longer than one hundred eighty (180) days, any pit excavated shall be required to conform to the provisions of subparagraphs (5), (6) and(10) of this subsection. This subsection shall not be applicable to excavations of drainage ditches, canals, or similar facilities. (4) Each application for an excavation permit shall be in writing, on a form provided for that purpose by the City Engineer, stating the purpose of the proposed excavation of the land upon which the excavation is to be done, and the names of all owners of the land upon which the proposed excavation is to be done, and of all owners of land lying within one hundred(100)feet of the proposed excavation, and shall be accompanied by an accurate drawing showing the location of the proposed excavation, and the dimensions of the borrow pit to be created thereby. Each application shall be accompanied by a permit fee of twenty-five dollars ($25.00), which shall be refunded to the applicant if the permit is not granted. The permit fee shall not be required of any governmental agency, entity, or instrumentality, but all other requirements of this subsection shall remain applicable to such bodies. (5) No excavation shall be made within ten(10) feet of any property Page 5 of 11 line, without the express written consent of the owner of the adjacent property. Borrow pits shall be sloped no steeper than two (2) feet horizontal for each one (1) foot vertical measurement. An excavation which is conducted adjacent to roadways, easements, drainage systems, utility lines, or other structures, shall be conducted at an adequate distance from such facilities, as determined by the building official, so as not to interfere with or cause damage to such facilities. (6) No excavation may be made upon any dedicated street or highway right-of-way or any planned or proposed street described in the master street plan of the City. (7) Trucks hauling excavated material shall, insofar as possible, use existing truck routes. Excavated materials shall not be dropped or placed upon any public street or highway. (8) Upon proper application as provided in subparagraph(3)hereof,the building official shall issue an excavation permit if he is satisfied, from competent evidence presented to him as he may require,that the proposed excavation is consistent with the public health, safety, and welfare, that the requirements of this subsection will be met, and that the excavation operations will be conducted in a manner and at a location which will supplement existing or proposed drainage facilities of the City. (9) If an application for an excavation permit is denied by the building official, the applicant may within ten(10) days appeal such denial to the City Council. The City Council shall set a public hearing, which shall be held no later than thirty (30) days after presentation of the appeal to the City Council. Following such hearing, the City Council may either affirm,overrule,or modify the decision of the director,and such decision of the City Council shall be final. (10) Upon completion of the excavation for which a permit has been granted hereunder,but not later than one hundred eighty(180)days after excavation has begun, a substantial fence, at least six (6) feet in height and otherwise being in accordance with specifications promulgated by building official, shall be erected completely surrounding the borrow pit. Such fence shall be kept in good repair as long as the borrow pit exists, and all gates kept closed except as necessary for excavation and removal purposes. If any part of a borrow pit is situated within fifty (50) feet of a residence, the fence surrounding such pit shall be so constructed as to prevent small children from gaining access to the borrow pit. Section 1813 of the International Building Code is added to read as follows: Page 6 of 11 (a) General. (1) Foundation repair work on all residential structures, shall be accomplished only by a contractor licensed and bonded by the City to operate as a building contractor, or foundation repair contractor, within the corporate limits of the City. (2) A permit for each foundation repair project must be obtained from the building official prior to beginning any actual repair work. The fee shall be as that established by the City in accordance with current fee schedules. (3) A permit will be issued to the foundation repair contractor, upon approval by the building official of documents (in three (3) copies) submitted by the contractor containing the following information, and payment of the scheduled fee: a. A drawing of the complete building foundation plan, indicating the location of the foundation failure and the proposed corrective work. b. A detailed description of the proposed corrective work. C. A copy of the proposal to the property owner with the owners signature indicating acceptance. d. A copy of the submittal documents, bearing the approval of the building official, shall be maintained at the job site for review by the City building inspector. e. Prior to the placement of any concrete, the contractor shall arrange for a job site inspection by the building inspector. (b) Minimum standards -- Reinforced concrete foundation. (1) Holes in earth for foundation piers and footings must be free of standing water,loose dirt, or other deleterious matter,prior to placement of concrete. (2) Each drilled shaft/(footing) must have as a minimum an eighteen inch diameter shaft, or a twelve inch diameter shaft with an eighteen inch diameter footing. In lieu of these minimum size footings, an engineered design for this particular project may be substituted. Engineered design Page 7 of 11 repair work shall be documented by drawings and specifications bearing the seal and signature of a current Texas Registered Professional Engineer. (3) Minimum sized shafts/(footings) shall have a maximum spacing of eight(8) feet for single story and six(6)feet for two-story structures. A minimum of two (2) footing diameters clearance shall be maintained between footings. (4) Shafts/footings shall be founded at a minimum depth of eight (8) inches and bearing on a firm soil of constant moisture content. (5) Each footing/shaft will have a maximum angle of fifteen (15) degrees from vertical. (6) Each shaft will contain a minimum of three(3)#5-A36 reinforcing bars for the full depth of the shaft. (7) Each shaft(footing)must have a minimum of five(5)days concrete (min. 2500 psi at 28 days) curing time before imposing jacking loads. (8) A solid concrete block or poured in place concrete (min. 2500 psi at 28 days)must be used to transfer the building load to the footing after jacking. (9) Minimum size (3"x6"xl/4") steel shims set in two (2) rows, a maximum of three(3)inches high,may be used to transfer the load to the solid concrete blocks. (10) Backfill of the excavation may consist of excavated material or low p. i. (10-20) clay compacted to existing adjacent conditions. Sand backfill will not be permitted except for the top six(6)inches which may be used to level the grade. (c) Minimum standards -- Houses on piers. (1) Minimum size concrete footing pads shall be 16"x16"x4" solid concrete with solid concrete block piers. (2) Maximum height of shims shall be one and one half-inches (1 1/z), and shim width must equal the width of sill. Exception: Shims on existing masonry piers may have a maximum height of three (3) inches. (3) All new wood sills must be treated wood, half-lap spliced and properly nailed with two (2) treated wood splice plates. All joints must be supported by a pier with pad footing. Page 8 of 11 Section 3408 is amended to read as follows: A. It shall be unlawful to move a building or part of a building through or across any sidewalk, street, alley or highway within the City of Beaumont if the building or part of a building was designed for residential purposes and is to be placed on a lot in the City for residential purposes without obtaining a residential moving permit from the Building Official. A building or part of a building to be used for other than residential purposes may not be moved through or across any sidewalk, street or alley within the City without first obtaining a moving permit from the Building Official. These houses,building or structures shall not be moved without first obtaining a permit from the Building Official. The application for a residential moving permit shall be accompanied by applications for all necessary permits required to bring these houses, buildings or structures into compliance with the applicable building codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. B. A residential moving permit may be obtained from the Building Official if the residential structure, prior to being moved, meets the following criteria: 1. The structure must be located in the City of Beaumont. 2. The appraised value of the structure, as set by the Jefferson County Appraisal District, must be a minimum of 50 per cent of the average appraised value of all residential structures on lots or tracts within four hundred feet of the property line of the lot or tracts upon which the structure to be moved will be placed. 3. The application for a residential moving permit must be accompanied by an application for all necessary permits required to bring the structure into compliance with all applicable codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. C. The Building Official, as a condition precedent to the issuance of a residential moving permit, shall require a bond or cashier's check in the amount of$5,000. Such bond or cashier's check shall be made payable to the City of Beaumont and shall be conditioned upon strict compliance with the terms of this ordinance. 1. The structure will be brought into compliance with all applicable codes and connected to water, sewer, electricity and gas if applicable ("utilities") within ninety calendar days after relocation to the new site. Failure to connect the structure to utilities may result in forfeiture of the required security and Page 9 of 11 demolition of the structure. If the security is forfeited for any reason, the City is hereby authorized to demolish the structure and clear the lot. By signing an application for a residential moving permit,the owner or agent for the owner agrees that the structure may be demolished by the City if it,becomes necessary to forfeit the security required by this ordinance. 2. Failure or refusal to timely perform any one or more of the requirements of this ordinance may result in the forfeiture of the required security. D. Appeals from the denial or a residential moving permit or a decision to forfeit the required security by the Building Official shall be made in writing to the Zoning Board of Adjustment within ten days after the denial of such permit. The Zoning Board of Adjustment may reverse the decision of the Building Official if the Board of Adjustment finds by the concurrence of four members of the Board that the structure meets the requirements set out herein for issuance of a residential building permit. E. Extensions of time as deemed reasonable may be granted by the Building Official upon a showing of delay caused by matters beyond the control of the owner or house mover. One thirty-day extension may be granted by the Building Official. Appendix D101.2 of the Building Code is amended to read as follows: Fire districts: There are hereby created and established within the City two(2)fire districts which shall be known and designated as the first fire district and the second fire district, and shall have the following boundaries: (a) First fire district. The first fire district shall include all the area lying within the following described boundaries: Beginning at the intersection of the center line of Magazine Street with the westerly bank of Brakes Bayou; thence west along the center line of Magazine Street and said center line of Willow Street; thence south along the center line of Willow Street to its intersection with the center line of Calder Avenue; thence west along the center line of Calder Avenue to its intersection with the center line of Forrest Street; thence south along the center line of Forrest Street and said center line extended to its intersection with the present main line of the Texas and New Orleans Railroad track; thence easterly along the present main line of the Texas and New Orleans Railroad track to its intersection with the center line of Trinity Street extended northward; thence in a southerly direction along the said center line of Trinity Street to its intersection with the center line of Crockett Street; thence westerly along the center line of Cricket Street to its Page 10 of 11 intersection with the center line of Holmes Avenue; thence southerly along the center line of Forsythe Street; thence easterly along the center line of Forsythe Street to its intersection with the center line of Trinity Street; thence southerly along the center line of Trinity Street to its intersection with the center line of College Street; thence easterly along the center line of College Street to its intersection with the center line of Neches Street; thence southerly along the center line of Neches Street to its intersection with the center line of Franklin Street; thence easterly along the center line of Franklin Street to its intersection with the center line of Park Street; thence southerly along the center line of Park Street to its intersection with the center line of Blanchette (formerly Austin) Street; thence easterly along the center line of Blanchette (formerly Austin) Street to its intersection with the center line of Main Street; thence northerly along the center line of Main Street to its intersection with the center line of Gilbert (formerly Washington) Street; thence easterly along the center line of Gilbert(formerly Washington) Street to its intersection with the easterly line of the original townsite of Beaumont; thence northerly along the easterly line of the original townsite of Beaumont to its intersection with the center line of College Street;thence westerly along the center line of College Street to its intersection with the center line of Market Street; thence northerly along the center line of Market Street to its intersection with the center line of Forsythe Street; thence easterly along the center line of Forsythe Street and said center line extended to its intersection with the westerly bank of the Neches River; thence in a northerly direction along the westerly bank of the Neches River and Brakes Bayou to the place of beginning. (b) Second fire district. The second fire district shall include all of the area of the City except that which is excluded in the first fire district. Page 11 of 11 ARTICLE IV. ELECTRICAL CODE Sec 6-102 (4). Fees (4) Additional meters - $2.75 ea. Air condition unit- $2.20 ea. Attic/Ceiling fan - $1.10 ea. Bells, buzzers & chimes - $1.10 ea. Clean and show - $16.50 ea. Dishwasher- $1.10 ea. Disposal - $1.10 ea. Dryer - $2.20 ea Elevators, dumbwaiters & escalators - $8.25 ea. Fixtures - $.25 ea. Floodlight poles - $1.10 ea. Furnace/Space heater- $5.50 ea. Gasoline pumps - $3.30 ea Increase service - $11.00 ea Light/Power panels except at point of service - $8.25 ea. Minimum permit - $11.00 ea. Motor over 5HP - $2.75 ea. Motor up to 5HP - $2.20 ea. Move meter - $11.00 ea. Name change - $11.00 ea Outlets/Switches/Receptacles - $.25 ea. Overtime inspection - $55.00 ea. Permanent pole - $11.00 ea. Pre-Final service - $11.00 ea. Range - $2.20 ea Reconnection - $11.00 ea. Rectifiers/Transformers - $5.50 ea. Reground- $11.00 ea. Service - $11.00 ea. Signs/Electrical - $16.50 ea. Swimming pool above ground- $11.00 ea. Swimming pool in ground- $16.50 ea. Temporary pole - $11.00 ea. Water heater - $2.20 ea. Welding machine outlets - $2.20 ea. Yard lamps - $1.10 ea. ARTICLE V. GAS CODE Sec. 6-130. Adoption of code. The 2003 Edition of the International Fuel Gas Code is hereby adopted and declared operative as the gas code of the city, save and except those portions that are deleted, modified or amended by this Code of Ordinances. A copy of such code is on file in the office of the city clerk. Sec. 6-131 Amendments to code Section 106.5.2 is amended to read as follows: 106.5.2 Fee schedule Minimum permit fee of$11.00, $1.10 additional for each opening over four(4). Reinspection - $11.00 ea Overtime inspection - $55.00 ea. ARTICLE VI. PLUMBING CODE Sec. 6-140. Adoption of Code. The 2003 edition of the International Plumbing Code , except for appendices, is hereby adopted and declared operative as the plumbing code of the City, save and except those portions that are deleted, modified or amended by this Code of Ordinances. A copy of such code is on file in the office of the City Clerk. (Code 1958, 28-1; Ord. No. 89-60, 1, 8-22-89; Ord. No. 96-58, 2, 10-15-96: Ord. No. 98-67, 4, 11-3-98) Sec. 6-142. Amendments to Code. Section 106.6.2 of the 2003 International Plumbing Code is amended to read as follow: 106.6.2 Fee schedule Air conditioning drain - $2.75 ea. Dental chair - $5.50 ea. Dish washer - $2.75 ea Drinking fountain - $2.75 ea Floor drain - $2.75 ea. Garbage disposal - $2.75 ea. Grease trap and/or wash rack - $4.40 ea. Laundry tray - $2.75 ea. Lavatories - $2.75 ea Minimum permit - $11.00 ea. Overtime inspection - $55.00 ea. Reinspection - $11.00 ea. Service sink - $2.75 ea Sewer line - $5.50 ea. Showers - $2.75 ea. Single sink in restaurant - $2.75 ea. Sink - $2.75 ea Three compartment sink in restaurant - $4.40 ea. Toilet - $2.75 ea. Tub - $2.75 ea. Two compartment sink in restaurant - $3.30 ea. Urinal - $2.75 ea Washing machine - $2.75 ea. Wash room connection - $2.75 ea. Water heater - $5.50 ea. Water line - $2.75 ea. Section 605.4.1 of the 2003 International Plumbing Code is amended to read as follows: 605.5. Underground inaccessible water distribution piping under a slab shall be copper water tube minimum type "L". Section 702 of the 2003 International Plumbing Code is amended to read as follows: 702.2. All sanitary drainage and vent piping for building drain or building sewer to be schedule 40 PVC or better, cast iron, or copper tube. ARTICLE VII. MECHANICAL CODE Sec. 6-170. International Mechanical Code adopted; on file. There is hereby adopted by the city,for the purpose of establishing rules and regulations for air conditioning, heating and ventilating equipment, refrigeration, ducts and duct systems, piping, incinerators and electrical requirements for same, that certain code known as the International Mechanical Code,being particularly the 2003 Edition, except for appendices, of which one(1)copy has been and now is filed in the office of the city clerk for the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling in the construction of air conditioning, heating, and ventilating equipment, refrigeration equipment, ducts and duct systems,piping,incinerators and the electrical requirements for same, save and except the portions of the International Mechanical Code which are hereby deleted, substituted,modified or amended as set forth in this article. Sec. 6-171. Amendments to code Section 106.5.2 is amended to read as follows: 106.5.2 Fee schedule: Fee for inspecting heating, ventilating, ductwork, air conditioning and refrigeration systems shall be eleven dollars ($11.00) for the first one thousand dollars ($1,000), or fraction thereof, of valuation of the installation plus two dollars and twenty cents ($2.20) for each additional one thousand dollars ($1,000), or fraction thereof Reinspection fee shall be eleven dollars($11.00). Overtime inspection shall be fifty-five dollars ($55.00). Section 301.7 is amended to read as follows: 301.7 Electrical connections. 301.7.1 General. All electric connections between fuel-fired appliances, mechanical equipment, etc. and the building wiring shall conform to N.F.P.A. 70 and the currently adopted National Electrical Code. 301.7.2 For new construction, a disconnecting means and one hundred fifteen-volt outlet shall be installed within sight and easy reach in the ungrounded leads of each power circuit to electrically operated components. The disconnecting means shall in no case be installed farther than six(6)feet from the service side of the equipment. 301.7.3 For existing construction, disconnecting means (shall be installed) within sight, not more than fifty (50) feet distant from the equipment, and within easy reach in the ungrounded leads of each power circuit to electrically operated components. ARTICLE V111. EXISTING BUILDING CODE Sec. 6-172. Adoption of Code. The 2003 edition of the International Existing Building Code is hereby adopted and declared operative as the existing building code of the city. A copy of such code is on file in the office of the city clerk. ARTICLE X. PROPERTY MAINTENANCE CODE Sec. 6-175 Adoption of Code There is hereby adopted by the city for the purpose of establishing rules and regulations attendant to the use and occupancy of residential buildings and accessory structures that certain code mown as the 2003 edition of the International Property Maintenance Code. One (1) copy of such International Property Maintenance Code has been ans now is filed in the office of the city clerk of the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling concerning the matters set out in said code. 4 September 30,2003 Consider approving an ordinance repealing Chapter 10,Section 10-1,Section 10-2,and Section 10-3 of the Code of Ordinances of the City of Beaumont; adopting a new Chapter 10, Section 10-1: International Fire Code,2003 Edition, Section 10-2: Amendments to Code, and Section 10-3: Fire Service Fees V~11 ..7LJ71J Cit y of Beaumont qw_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Micky Bertrand, Fire Chief MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 25, 2003 REQUESTED ACTION: Council consider an ordinance repealing Chapter 10, Section 10-1, Section 10-2,and Section 10-3 of the Code of Ordinances of the City of Beaumont;adopting a new Chapter 10,Section 10-1:International Fire Code, 2003 Edition, Section 10-2: Amendments to Code, and Section 10-3: Fire Service Fees. RECOMMENDATION Administration recommends repeal of the Standard Fire Prevention Code, 1997 Edition, currently in use by the City and adoption of the International Fire Code, 2003 Edition. BACKGROUND The City of Beaumont adopted the Standard Fire Prevention Code, 1997 Edition, and has been a member of the Southern Building Code Congress International(SBCCI)since 1954.The SBCCI,the Building Officials and Code Administrators International (BOCA), and the International Conference of Building Officials (ICBO) founded the International Code Council (ICC) in 1994. The ICC was founded to develop a single set of comprehensive and coordinated national model codes that could be used throughout the country. The Standard Fire Prevention Code was updated every three years.With the establishment of the ICC, effective February 1, 2003, the 1999 Standard Fire Prevention Code is the final edition. Since the Standard Fire Prevention Code is no longer available, it is necessary for the City to consider the adoption of new codes. The ICC has developed the International Fire Code to replace the existing Standard Fire Prevention Code. On August 21,2003,the Construction Board of Adjustment and Appeals conducted a public meeting to receive input from interested parties.During the meeting several speakers requested consideration by the City to adopt the National Fire Protection Association (NFPA)Fire Code. The new International Fire Code is basically the Standard Fire Prevention Code,currently being used by the City,with minor revisions and/or restructuring.The natural progression of events would be for the City to adopt a code that is similar,or as close as possible,to the code currently in use.This would minimize the learning curve for local architects,developers,contractors,fire protection specialists and city staff. The Construction Board of Adjustment and Appeals voted 7-0 to recommend adoption of the International Fire Code, 2003 Edition. BUDGETARYIMPACT None. PREVIOUS ACTION The proposed adoption of the International Fire Code was discussed with the City Council during the September 23, 2003, City Council Meeting. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Fire Chief and Fire Marshal 5 September 30,2003 Consider approving the execution of an Interlocal Agreement with Drainage District #6 for the relocation of pipelines associated with the construction of the Delaware Street Extension and the DD#6 Hilcorp Basin Project ,...,, City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 19, 2003 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Drainage District#6(DD#6)for the relocation of pipelines associated with the construction of the Delaware Street Extension and DD#6 Hilcorp Basin Project. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute an Interlocal Agreement with DD#6. BACKGROUND The construction of the Delaware Street Extension, from Dowlen Road and Major Drive, and the DD#6 Hilcorp Basin Project(detention facility)will occur within the old Amoco Oil Field. The pipelines located within the oil field are still in use or have been abandoned by various pipeline companies. These active and inactive pipelines conflict with the proposed roadway and detention facility improvements. The City will participate in the pipeline relocation project by funding all or some of the necessary oil pipeline relocation and pipeline plugging and abandonment. BUDGETARY IMPACT The current estimate for the City's portion of the project is$300,000. Funds are available in the Delaware Street Extension Project of the Capital Improvement Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer DD6InterlocalDelawaresk.wpd September 19,2003 STATE OF TEXAS § COUNTY OF JEFFERSON § INTERLOCAL AGREEMENT This Interlocal Agreement ("the Agreement") is entered into between the City of Beaumont, a municipal corporation of Jefferson County, Texas, ("Beaumont") and Jefferson County Drainage District No. 6 ("Drainage District 6"), both entities authorized to enter into interlocal agreements in accordance with Section 791.001 et seq. of the Government Code of the State of Texas (Vernon 1996). WITNESSETH : WHEREAS, Beaumont intends to extend Delaware Street from Dowlen Road to Major Drive; and WHEREAS, as part of the necessary drainage for the Delaware Street Extension Project, Drainage District 6 intends to construct a detention facility known as the "Hilcorp Basin Project" (herein "Project"); and WHEREAS, Beaumont wishes to participate with Drainage District 6 in the Project; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Drainage District 6 will be responsible to construct or have constructed the Project. II. Beaumont will participate in the Project by funding all or some of the necessary oil field plugging and abandoning and pipeline relocation required prior to the excavation necessary for the Project. The current estimate of Beaumont's portion of the Project is 1 - GARMWAGREEMENTSWEFF CTY DD6(HILCORP) $297,994.00. Beaumont hereby commits to reimburse Drainage District 6 up to a maximum of $300,000.00 for its portion of the Project. Any reimbursement beyond $300,000.00 to Drainage District 6 will require the prior written approval of the City Council of the City of Beaumont. III. Drainage District 6 agrees that it will either provide or require the contractor to provide liability insurance naming the City of Beaumont as an additional insured in a minimum principal amount of $1 million and will provide Beaumont, prior to commencement of construction of Project, with a certificate of insurance evidencing such coverage. IV. Notices hereunder shall be given as follows: Tom Warner P. O. Box 3827 Beaumont, Texas 77704 and Jefferson County Drainage District 6 c/o Richard LeBlanc P. O. Box 20078 Beaumont, Texas 77720 V. This Agreement may be amended by the mutual agreement of the parties hereto in writing and any amendment shall be attached to and incorporated into this Agreement. - 2 - GARMMAGREEMENTSWEFF CTY DD6(HILCORP) VI. This Agreement supercedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this Agreement and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or-binding. EFFECTIVE this the day of CITY OF BEAUMONT By: Kyle Hayes City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 By: Richard LeBlanc - 3 - GARMWAGREEMENTSUEFF CTY DD6(HILCORP) 6 September 30,2003 Consider approving the purchase of a dump truck for use in the Water Utilities Division Cl of Beaumont t 79jCouncil Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 19, 2003 REQUESTED ACTION: Council approval of the purchase of one (1) cab and chassis equipped with a 14 cubic yard dump body. RECOMMENDATION Administration recommends the purchase of one(1) 2004 International Model 7600 cab and chassis equipped with a fourteen (14) cubic yard dump body from International Trucks of Houston in the amount of$85,335.25. BACKGROUND Bids were received in April for furnishing three (3) diesel powered, tandem axle cab and chassis equipped with fourteen (14) cubic yard dump bodies. Due to budget concerns, one truck was not purchased for the Water Utilities Division. The Water Utilities Division requested replacement of a fourteen (14) cubic yard dump truck in their FY 2004 budget. International Trucks has agreed to furnish the truck bid in April at the same price. The truck to be furnished is a 2004 International Model 7600 tandem axle truck. Warranty service will be provided at the City's Fleet Service Center for the one year warranty period. This truck will replace Unit 3223, a 1992 International cab and chassis equipped with an eight (8) cubic yard contractor's dump body. Unit 3223 will be disposed of according to the City's surplus property disposal policy. BUDGETARY IMPACT Funds for this expenditure are available in the Water Fund's FY 2004 operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY The City Manager, Central Services Director and Public Works Director. 7 September 30, 2003 Consider authorizing the City Manager to execute an assignment of a contract for payments in lieu of taxes from Arch Chemicals, Inc.,to Peak Sulfur, Inc. City of Beaumont ~ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 23, 2003 REQUESTED ACTION: Resolution authorizing the City Manager to execute an assignment of a contract for payments in lieu of taxes from Arch Chemicals, Inc., to Peak Sulfur, Inc. RECOMMENDATION It is recommended that Council authorize the Manager to execute an assignment of a contract for payments in lieu of taxes from Arch Chemicals, Inc., to Peak Sulfur, Inc. BACKGROUND On October 16, 2001, the City of Beaumont entered into a contract with Arch Chemicals, Inc., for payments in lieu of taxes. Under the terms of that agreement, Arch Chemicals, Inc., had the right to sell and assign its obligations under the contract in lieu of taxes subject to approval by the City of Beaumont. The City of Beaumont has been notified of a sale from Arch Chemicals to Peak Sulfur and Peak Sulfur is required, in the assignment, to become bound by all the terms and conditions of the agreement in lieu of taxes previously by Arch Chemicals, Inc. BUDGETARY IMPACT None. PREVIOUS ACTION Council authorized the execution of a contract in lieu of taxes with Arch Chemicals on October 16, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY The City Manager and City Attorney. AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, on the 16th day of October, 2001, the City of Beaumont entered into a contract with Arch Chemicals, Inc., under the authority of Section 42.044 of the Texas Local Government Code, the same being a contract for payments in lieu of taxes; and WHEREAS,Arch Chemicals, Inc., has sold the facility which was the subject of such Agreement to Peak Sulfur, Inc.; and WHEREAS, pursuant to Article III of said Agreement in lieu of taxes, the City of Beaumont has been notified of such sale and, in accordance with said Article III, Peak Sulfur, Inc., hereinafter called "Company," and the City of Beaumont, hereinafter called "City," agree as follows: 1. Company hereby agrees to become bound by all the terms and conditions of the Agreement in lieu of taxes previously executed by Arch Chemicals, Inc.,with the City of Beaumont, a copy of which is attached hereto as Exhibit"A"and made a part hereof for all purposes as if copied verbatim herein. City agrees to be bound by all requirements of said Exhibit "A" and hereby ratifies all terms and conditions as found in said Exhibit "A." 2. Company agrees that notices under said Agreement shall be given in writing to the parties by certified mail addressed to the Company as follows: Pagel GARMMAGREEMENTSIPEAK SULFUR To Company: Peak Sulfur, Inc. c/o W. J. Sichko, Jr. Chief Administrative Officer 15700 College Boulevard Suite 101 Lenexa, Kansas 66219 IN WITNESS THEREOF, this Agreement is executed in duplicate counterparts as of this the day of , 2003. CITY OF BEAUMONT By: Kyle Hayes ATTEST: City Manager Susan Henderson City Clerk PEAK SULFUR, INC. By: l � ATTEST: )�7 Page 2 GARMMAGREEMENTMPEAK SULFUR THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called"CITY," and Arch Chemicals,Inc.,its parent, subsidiaries and affiliates,hereinafter called"COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing,industrial,and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS,the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: GNMIAGREEMEN10in Corp-"I.wpd 1 / 7 EXHIBIT "A" ARTICLE 1. COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2002 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract. (Herein"the properties") 2. By the term "Assessed Value" is meant the 100° valuation of the Arch Chemicals, Inc. properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term"assumed City taxes due"shall be calculated by the following formula: Assessed value + 100 x the current ad valorem tax rate by City Council of City =Assumed City Taxes due. 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2002 shall be in the amount of$56,775 and shall be due and payable on or before February 1, 2002. The 2002 payment is calculated as follows: Assumed City Taxes Due: $11,176,160 / 100 X 0.635 = $70,969 Year 1 80°x6 of Assumed City Taxes Due=$56,775 Each October thereafter,the Finance Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties,real, personal and mixed, having taxable situs within the areas described in this agreement;for example, in October, 2003, the 2003 assessed values shall be used for the February 1, WCGIAGREEMEl1 OM Corp-8-01.wpd 2/ 7 2004 payment. This assessed value less exclusions shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shalt be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment,without interest,will be made within thirty(30)days following such resolution. (b) After the assessed value of the Company's properties have been determined, the payment to City shall be 80% of assumed City taxes for the years 2002, 2003 and 2004 and 75%of assumed City taxes for the years 2005, 2006, 2007 and 2008. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shalt pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date,the same penalties, interest,attorneys'fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event ARTICLE II. PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) GACGWGREEMENCIn Corp-d-01.wpd 3/ 7 located on Company's real property as shown on the records of the Jefferson County Appraisal District which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE 111. SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City under this Agreement. ARTICLE IV. CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in anyway cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shalt nevertheless be obligated to make full payment for the year during which such annexation become effective if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as GACGIAGREEMENNM Corp-W.wpd 417 to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or(c)attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V. TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of,or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be GAMAGREEMEM01in Corp-"I.wpd 5/ 7 breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI. AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's"affiliates"and to any properties owned or acquired by said affiliates within the area owned by Company, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word"affiliates"as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent(50%)or more of the stock having the right to vote for the election of directors. ARTICLE VII. TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2002, and ending on December 31, 2008. ARTICLE VIII. NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager Arch Chemicals, Inc. City of Beaumont P.O. Box 5204 P. 0. Box 3827 Norwalk, CT 06856-5204 Beaumont, Texas 77704 GACGWGREEMEMOM Corp-301.wpd 6/ 7 ARTICLE IX. CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 7 pages, is executed in duplicate counterparts as of this /�& _day of Aej,.Z , 2001. CITY OF BEAUMONT, TEXAS By: iw 111 teph J. -c e k City Manager ATTEST: I,� h � Barbara Liming City Clerk By: Y�4X*-0'— et-'— ATTEST: G-XGIAGREEMEN10%n Corp-6.01.wp6 7/ 7 8 September 30,2003 Consider approving a one year contract with the Art Museum of Southeast Texas ...... City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Consider authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$175,000. RECOMMENDATION The Administration recommends funding the Art Museum of Southeast Texas (AMSET) $175,000 for FY 2004 from Hotel Occupancy Tax and General Funds. BACKGROUND The City of Beaumont (City) and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations and garbage removal. In return AMSET is open to the general public and strives to provide programs and services to the entire community. Approximately 60,000 children and adults participate in Art Museum activities each year. The City may utilize a portion of its revenues derived from the hotel-motel occupancy tax to promote the arts. BUDGETARY IMPACT Funds are available in the FY 2004 budget with $50,000 funded through the Hotel Occupancy Tax Fund and $125,000 funded with general revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. 9 September 30,2003 Consider approving a one year contract with the Southeast Texas Arts Council(SETAC) CRY of Beaumont Council Agenda g Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Consider authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of$99,000. RECOMMENDATION The Administration recommends funding the Southeast Texas Arts Council $99,000 for FY 2004 from the Hotel Occupancy Tax and General Funds. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to distribute 80% of its contract payment to organizations like the Symphony of Southeast Texas as well as production of the magazine "Off Ramp" highlighting local events for distribution to hotels. The remaining 20% is used for operating expenses. BUDGETARY IMPACT Funds are available in the FY 2004 budget, with $80,000 funded through the Hotel Occupancy Tax Fund and $19,000 funded with general revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. 10 September 30, 2003 Consider approving a one year contract with the Texas Energy Museum City of Beaumont C M c Council Agenda Item g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Consider authorizing a one year contract with the Texas Energy Museum in the amount of$80,000. RECOMMENDATION The Administration recommends funding the Texas Energy Museum, $80,000 for FY 2004 from Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax FY 2004 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. 11 September 30,2003 Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum t175City of Beaumont qw_ .J0171-R-7111111MINIMEL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Consider authorizing a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of $35,000. RECOMMENDATION The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum, $35,000 for FY 2004 from the Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored; the home contains furniture and fixtures from the mid 19th century and is a tourist attraction for our city. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax FY 2004 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. 12 September 30,2003 Consider approving a one year contract with the Jefferson Theater Preservation Society ...... City of Beaumont �• Council Agenda � = • � Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Consider authorizing a one year contract with the Jefferson Theater Preservation Society in the amount of$20,000. RECOMMENDATION The Administration recommends funding the Jefferson Theater Preservation Society, $20,000 for FY 2004 from the Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Jefferson Theater is a revitalized historical landmark located in downtown Beaumont. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax FY 2004 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. City of Beaumont REGULAR MEETING GE THE CITY COUNCIL iCIL CHAMBERS SEPTEMBER 309 2003 130 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments Felix McFarland would be reappointed to the Historical Landmark Commission. The current term would expire September 10, 2005. (Mayor Evelyn M. Lord) Dale Hallmark would be reappointed to the Historical Landmark Commission. The current term would expire August 18, 2005. (Mayor Evelyn M. Lord) Ryan Smith would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire September 11, 2005. (Councilmember Lulu Smith) Beauregard Brown would be appointed to the Martin Luther Ding, Jr. Parkway Commission. The term would commence September 30, 2003 and expire September 29, 2005. (Councilmember Andrew P. Cokinos) Lula Henry would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire September 14, 2005. (Councilmember Lulu Smith) A) Approve a two-percent wage increase for the City Manager B) Approve the settlement of the claim of Lora Jean Jackson City of Beaumont 17EW Council Agenda Item IV I 1W TO: Mayor and City Council FROM: Kyle Hayes, City Manager MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 25, 2003 REQUESTED ACTION: Approve a two-percent wage increase for the City Manager. BACKGROUND The City Manager would receive a two-percent wage increase effective October 1, 2003. The wage increase would be consistent with the cost-of-living adjustment of two-percent for all civilian employees effective October 1, 2003. The City Manager's additional compensation will remain unchanged. BUDGETARY IMPACT The budgetary impact is approximately $2,300 and funds are available in the FY 2004 Budget. PREVIOUS ACTION The City Council conducted the City Manager's performance review on July 22, 2003. The City Council did not provide for a wage increase at that time due to the uncertainty of a cost-of-living adjustment for civilian employees. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: September 30, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Lora Jean Jackson RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Lora Jean Jackson. BACKGROUND Council authorized the settlement of this claim in Executive Session September 23, 2003. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$6,500. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. G:\CGW GENDA\RESOLUTI\CLAIMLAW.DOC\AGEN MEMO-CLAIMIJOHNSON-8-03.wpd RESOLUTION NO. WHEREAS, the claim of Lora Jean Jackson has been discussed in an Executive Session properly called and held Tuesday, September 23, 2003; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Lora Jean Jackson in the amount of Six-Thousand Five-Hundred ($6,500) Dollars payable to Lora Jackson. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of September, 2003. - Mayor Evelyn M. Lord -