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HomeMy WebLinkAboutPACKET DEC 21 2004 4 UWj L ri City Of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 21,2004 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a declaration of intent to reimburse capital expenditures B) Approve a resolution authorizing the acceptance of a ten foot(10')wide water line easement providing access for fire prevention services across Mobiloil Federal Credit Union property on the corner of Major Drive(FM 364)and the Delaware Street Extension C) Approve a resolution authorizing the acceptance of a ten(10')wide water line easement providing access for fire prevention services for the new Cowboy Honda Dealership A City of Beaumont Im EK- W ii a Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DA'L'E: December 21, 2004 AGENDA MEMO DATE: December 15, 2004 REQUESTED ACTION: Council approval of a declaration of intent to reimburse capital expenditures. RECOMMENDATION Administration recommends a declaration of intent to reimburse certain capital expenditures from proceeds of lease purchase agreements. BACKGROUND In the budget for Fiscal Year 2005,certain capital expenditures were designated to be financed through lease purchase agreements. Budgeted capital expenditures scheduled for lease purchase include one (1)excavating and grading machine, one(1)combination ladder and pumper truck,one(1)54,000 1b. trackhoe, one articulated dump truck and one(1)vacuum truck. The estimated cost ofthis equipment is approximately $15M. Financing each order separately could increase the interest rate as most financial institutions base their rate charged on the total amount financed. The Internal Revenue Service requires lease purchase agreements to be executed within sixty (60) days after receipt of the equipment to qualify for reimbursement of funds. Order dates and delivery schedules vary for each equipment purchase preventing staff from soliciting lease purchase bids within sixty(60)days of delivery. However,the City may issue a declaration of intention indicating that it is the City's intent to purchase capital equipment and be reimbursed from proceeds of lease purchase agreements. The filing of this notice extends the time in which the lease agreement must be executed from sixty(60)days to eighteen (18)months. Declaration of Intent December 13, 2004 Page 2 Approval of the declaration of intent does not obligate the City to either purchase this equipment nor use a lease purchase agreement to finance the purchase cost. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Internal Services Director. .l City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: December 21, 2004 AGENDA MEMO DATE: December 15, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services. RECOMMENDATION Mobiloil Federal Credit Union has agreed to convey a ten foot (10') Water Line Easement to the City of Beaumont. This easement will provide mandatory access for fire prevention services and is located across Mobiloil Federal Credit Union property on the corner of Major Drive (FM 364) and the Delaware Street Extension (out of the H. Williams Survey, Abstract 56). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide exclusive access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. engmobiloil_fire-ib.wpd 15 December 2004 EXHIBIT "A" NO2°56'34"W co 10.00' o �c. o to o NO2 056'34"W 162.08' CO z S02°56 34"E 168.88' CURVE DATA POB PROPOSED 10 ft. wide 0=00'34'49" WATER LINE EASEMENT R=1036.45' 1944.85 SQ. FT. Arc=10.50' 0.045 ACRE L.C.=S69'19'01"W 10.50' REMNANT o ,.� BEAUMONT WEST, INC. CURVE DATA 00 Gm CALLED 161.00 ACRE TRACT -o <�C� �=43'06'22 VOLUME 1801, PAGE 23 R=1036.45' D.R.J.C. 0 Arc=779.77' s� L.C.=S47-28'26"W 761.51' �JV �5 5r° ✓off `���gyp. NOTE: ALL BEARINGS ARE REFERENCED TO THE NORTH � n LINE OF THE REMNANT OF THAT CERTAIN BEAUMONT WEST, INC. CALLED 152.335 ACRE TRACT OF LAND, v RECORDED IN VOLUME 1834, PAGE 215 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS AS BEING North 85 deg. 05 min. 00 sec. East. THIS PLAT IS BEING SUBMITTED WITH A FIELD NOTE DESCRIPTION. Plat Showing OF Mar.. .4 t ~. Proposed 10 ft. wide a�-1;1 * � Water Line Easement °`"`° i ►ors R to out of the 9 U) 0 Hezekiah Williams Survey tss�0. 0 E Abstract No. 56 ti0%.- a`� POC 0 a Jefferson County, Texas Found Y2" 3 ° o a Iron Rod I0 a- S � 26. ucto� JOB N0: 2004-104 3 v.o - ORTE C H Found -5/8" o' _a t �, FIELD BOOK: Iron Rod 4y J A8 Gjf o_ m v � E Land Surveyors, Inc. 6 c E c 7999 DR.BY: JLS 0 0 0 Beau ont, T, Suite 102 > ` Beaumont, Texas 77706-3109 � Telephone: (409) B66-9769 DATE: 11/22/2004 Copyright 2004. All rights reserved.Fox.: (a09) 866-7075 . Duplication in any form without the express written permission N SCALE: 1,.=30' of WORTECH Land Surveyors. Inc. is strictly prohibited. 1~ City of Beaumont �• Council Agenda� W, Council Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: December 21, 2004 AGENDA MEMO DATE: December 15, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services. RECOMMENDATION Iron Horse Enterprises, L. P. has agreed to convey a ten foot (10') Water Line Easement to the City of Beaumont. This easement will provide mandatory access for fire prevention services for the new Cowboy Honda Dealership and is located adjacent to Iron Horse Enterprise property and the Interstate 10 South frontage road (out of the David Brown Survey, Abstract 5). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide exclusive access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. engfire_cowboyhonda-ib.wpd 15 December 2004 SUBJECT SUNBURY = z 287 ti ~ u TEN FOOT 10' F NN'IN G,t".y WATER LINE EASEMENT D S h°Pei A L 69 STAGG co 90 _pt spitol w z COLLEGE OUT OF O X ° '" ca BELMONT I M.LAM MILAM z D. BROWN SURVEY, ABSTRACT 5 BDLIVAR z P� CORLEY Q z L Y ui a INTERSTATE 10 SOUTH CARTWRIGH RGBERTS ROB RTS � FRONTAGE ROAD TER ELL PL4CE 0 r� SQ OWNER: a� o EUGLID IRON HORSE ENTERPRISES, L.P. <° PARISH ELINDR V� w PROCTD WAVERLY PIERRE w WES MGREL ND LEGEND LOCATION MAP N,T-S, ® SUBJECT PROPERTY RE: ENCROACHMENT AGREEMENT (C.C.F NO. 2004033489) F 10.09, i 1 � 0.730 ACRES (C.C.F. NO. 2002000723) �—IRON HORSE ENTERPRISES, L.P. C1TY OF BEAUMONT 70'EXCLUSIVE WATER LINE EWT 0.9806 ACRES 0.0451 ACRES— — (C.C.F. NO. 2003052549) `O 0.5306 ACRES 'oz,N,, (C.C.F N0. 20030324 �OWboy Honda (UNDER CONSTRUCTION) i i 57.50' N 00'43'40" W ROAD WEST BOUND 1-10 ON RAMP Interstate Highway 10 South N.T S, C:\Eddie\Agendas\IRON HOURSE.dwg,Layoutl,12/14/20042:27:48 PM ��i City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 21,2004 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS I. Consider adopting an ordinance denying Entergy Gulf States,Inc.'s request to increase rates within the City of Beaumont, Texas,honoring Entergy Gulf States, Inc.'s request to withdraw the statement of intent requesting a change of rates and providing a requirement for reimbursement of costs incurred by the City of Beaumont 2. Consider authorizing the City Manager to execute an agreement for the purchase of 800 MHz trunked radio equipment 3. Consider approving the purchase of one(1)tractor loader backhoe for use in the Public Works Department 4. Consider approving a three-year contract with Texas American Fastpitch Association(AFA)to host the National Tournament in 2005, 2006 and 2007 5. Consider approving the purchase of five(5) sport utility vehicles for use in various City departments WORKSESSION * Receive report from the Greater Beaumont Chamber of Commerce 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: Penni Simonson, et al v. City of Beaumont Lester Juneau, II, et al v. City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. I December 21,2004 Consider adopting an ordinance denying Entergy Gulf States, Inc.'s request to increase rates within the City of Beaumont, Texas,honoring Entergy Gulf States, Inc.'s request to withdraw the statement of intent requesting a change of rates and providing a requirement for reimbursement of costs incurred by the City of Beaumont woftr City of Beaumont L Council Agenda Item I W TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 21, 2004 AGENDA MEMO DATE: December 17, 2004 REQUESTED ACTION: Council consider adopting an ordinance denying Entergy Gulf States, Inc.'s request to increase rates within the City of Beaumont, Texas, honoring Entergy Gulf States, Inc.'s request to withdraw the statement of intent requesting a change of rates and providing a requirement for reimbursement of costs incurred by the City of Beaumont. RECOMMENDATION The administration recommends the approval of an ordinance denying Entergy Gulf States, Inc.'s request to change rates in the City of Beaumont, authorizing Entergy Gulf States, Inc.'s request to withdraw the statement of intent requesting a change of rates within the City and providing a requirement for reimbursement of costs incurred by the City of Beaumont. BACKGROUND On August 25, 2004, Entergy Gulf States, Inc. (EGSI) filed with the City of Beaumont and other cities a request for a $68 million annual rate increase in its Texas service area. Simultaneously, Entergy Gulf States, Inc. filed a request for a rate increase with the Public Utility Commission of Texas(PUCT). It has been the position of EGSI that the PUCT and not the cities'had the exclusive original jurisdiction over the company's rate filings. In September,2004,the PUCT entered an order dismissing EGSI's rate increase case at the Commission indicating that original jurisdiction is with the municipalities. While the case before the PUCT has been dismissed, the request for the rate increase remains a case for consideration before the City of Beaumont. In light of the occurrences before the PUC,the City of Beaumont recently received a letter from EGSI formally requesting the withdrawal of its Statement of Intent proposing a rate increase. What this in effect means is that EGSI is requesting that the case before the City of Beaumont be dismissed. It is recommended that the Council honor Entergy Gulf States Inc.'s request to withdraw its Statement of Intent requesting a rate increase by denying the previously requested increase. It is also recommended that the Council provide for the required reimbursement of all costs incurred by the City of Beaumont in the rate matter. BUDGETARY IMPACT The City of Beaumont is entitled to reimbursement of any expenses associated with participating in or conducting a rate-making proceeding. We expect that the City of Beaumont will be reimbursed for all expenses incurred in this matter. PREVIOUS ACTION Resolution No. 04-197. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. ORDINANCE AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS DENYING ENTERGY GULF STATES, INC.'S REQUEST TO CHANGE RATES IN THIS MUNICIPALITY; AUTHORIZING ENTERGY GULF STATES, INC.'S REQUEST TO WITHDRAW THE STATEMENT OF INTENT REQUESTING A CHANGE OF RATES IN THE MUNICIPALITY; PROVIDING A REQUIREMENT FOR REIMBURSEMENT OF COSTS INCURRED BY THE CITY OF BEAUMONT. WHEREAS, on or about August 25, 2004 Entergy Gulf States, Inc. ("EGSI" or "Company")filed with the City of Beaumont ("City")a Statement of Intent to Change Rates charged to consumers within this municipality; and, WHEREAS,the City has exclusive original jurisdiction to evaluate EGSI's Statement of Intent for rates, services and operations within the City, pursuant to Texas Utilities Code §33.001; and, WHEREAS, the Texas Utilities Code(§33.023) provides that costs incurred in rate- making activities are to be reimbursed by the regulated utility; and, WHEREAS, the City through the Cities Steering Committee is actively participating at the Public Utility Commission of Texas ("PUCT" or "Commission") in connection with PUC Docket No. 30123; and, WHEREAS, EGSI has extended its effective date bythirty(30)daysfrom December 27, 2004 to January 26,2005; and, WHEREAS, the City's consultants have not completed their analyses of EGSI's rate filing package and Statement of Intent; and, WHEREAS, the Commission in Docket No. 30123 has exercised its jurisdiction under PURA§§14.001 and 3.001(a)and dismissed EGSI's rate request at the PUCT; and, WHEREAS, EGSI has by letter notified the City that the Company formally withdraws its Statement of Intent of Change Rates; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT: Section 1. EGSI's formal request to withdraw its Statement of Intent to Change Rates within the City if granted and EGSI's rate request is denied in all respects. Section 2. The costs incurred by the City in reviewing EGSI's application be reimbursed by the Company. Section 3. This ordinance shall become effective immediately from and after its passage, as the law and charter in such case provide. Section 4. That it is hereby officially found and determined that the meeting in which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Section 5. A copy of this Ordinance, constituting the final action on EGSI's application be forward to L. Richard Westerburg, Jr., Assistant General Counsel, Entergy Services, Inc., 919 Congress Avenue, Suite 840, Austin, Texas 78701. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21St day of November, 2004. - Mayor Evelyn M. Lord - 2 December 21,2004 Consider authorizing the City Manager to execute an agreement for the purchase of 800 MHz trunked radio equipment City of Beaumont Council Agenda Item M O g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: December 21, 2004 AGENDA MEMO DATE: December 15, 2004 REQUESTED ACTION: Council authorize the City Manager to execute an agreement for the purchase of 800 MHz trunked radio equipment. RECOMMENDATION Administration recommends authorizing the City Manager to execute an agreement with Motorola, Inc. for the purchase of 800 MHz trunked radio equipment in the amount of$702,622 for Fire Department operations. BACKGROUND During October 2000, City Council approved the purchase of an 800 MHz Radio Communication System for the City. The$2.2M system included the infrastructure for public safety operations and mobile and portable radios for the Police Department. At that time, funding was not available to include fire services onto the radio communication network. Subsequently, staff has applied for and received a grant that will allow for the purchase of radio equipment for the Fire Department. The Federal Emergency Management Agency (FEMA) administers the Assistance to Firefighters Grant Program. Through this grant program,agencies are able to procure various firefighting apparatus, such as radio communication equipment. FEMA approved the purchase of the remaining equipment needed to include all firefighting operations onto the 800 MHz communication platform. This includes dispatching consoles, base stations for the fire stations,repeaters for use at the incident location,mobile radios for fire apparatus and portable units for the firefighters and command staff. Some mobile and portable equipment was previously purchased with the aid of a U. S. Department of Justice grant. Total amount of the purposed purchase is $702,622. The Federal share is seventy percent (70%), or $491,835, of the approved amount. The City's share is $210,787. Below is a list of the individual items to be purchased through the grant: 800 MHz Trunked Radio Communication System December 21, 2004 Page 2 Equipment Requested Costfunit Total Cost Repeater 3 $16,150 $48,450 Dispatch Console&Furniture 4 $70,270 $281,080 Base Station 19 $3,431 $65,189 Portable Radio(Command) 11 $3,020 $33,220 Dual Head Mobile Radio 14 $4,419 $61,866 Portable Radio (Staff) 33 $2,947 $97,251 Dash Mount Mobile Radio 34 $3,399 $115,566 Total Amount 70 622 Purchase of the equipment includes system engineering, training, and installation. Installation is expected to be complete and the Fire Department operational by the end of March 2005. Equipment and software is warranted for one year after system acceptance. This purchase is exempt from competitive bidding since it is available from only one source due to patents,copyrights,secret processes,natural monopolies or captive replacement parts or components for equipment. Purchase of the equipment for the Fire Department will allow interoperability with the Police Department, County Sheriffs Department, various City departments and other area public safety entities using an 800 MHz platform. BUDGETARY IMPACT FEMA will reimburse the City seventy percent (70%) of the purchase cost up to the approved amount. The City's $210,787 matching share is available in the General Improvements Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director and Fire Chief. 3 December 21,2004 Consider approving the purchase of one(1)tractor loader backhoe for use in the Public Works Department cueCity of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: December 21, 2004 AGENDA MEMO DATE: December 13, 2004 REQUESTED ACTION: Council approval of the purchase of one(1)tractor loader backhoe. RECOMMENDATION Administration recommends the purchase of one (1) 2005 New Holland LB75 Tractor Loader Backhoe through the Houston-Galveston Area Council(H-GAC)cooperative purchasing program. BACKGROUND The tractor loader backhoe will be used by the Water Distribution Division in the maintenance and repair of water lines. 'A hydraulic hammer will be attached for accessing waxer lines located under streets and parking lots. The contracted vendor is Landmark Equipment of Irving,Texas. The cost of the unit,including the H-GAC administrative fee of$750.51 is $50,784.51. Warranty service will be provided by the local New Holland dealer. The standard warranty is one(1) year. Delivery of the unit will be within 120 days. Unit 5078, a 1993 Case tractor backhoe, will be replaced and disposed of according to the City's surplus equipment disposal policies. BUDGETARYIMPACT Funds are available for this purchase in the Water Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director and Public Works Director. 4 December 21,2004 Consider approving a three-year contract with Texas American Fastpitch Association(AFA)to host the National Tournament in 2005, 2006 and 2007 City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dean Conweli, Executive Director Beaumont Convention&Visitors Bureau MEETING DATE: December 21, 2004 AGENDA MEMO DATE: December 13, 2004 REQUESTED ACTION: Consider a three-year contract with Texas American Fastpitch Association(AFA)to host the National tournament in 2005,2006 and 2007. RECOMMENDATION Administration recommends approval of a three-year contract with Texas American Fastpitch Association(AFA)in the amount of$25,500 annually to host the 18/Jnder National Tournament in Beaumont during the months of July and August 2005 and 2006 and the 16/Under tournament in 2007 and utilize the monies paid to Texas AFA by the City of Beaumont to promote the tournament, register participants and pay administrative costs. BACKGROUND The AFA National Tournament is a week long event which brings more than 5,000 visitors to Beaumont. Not only is the Convention & Visitors Bureau able to showcase our city, but this tournament fills our hotels for at least 5 nights with early arrivals the weekend prior to the tournament. In past years, this tournament has generated more than 4,000 room nights in the Beaumont area. Area restaurants,car rental businesses,laundry mats and retail stores greatly benefit from Beaumont hosting these tournaments. BUDGETARY IMPACT Funds are budgeted for this expenditure in the FY2005 Budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Executive Director of the CVB. 5 December 21, 2004 Consider approving the purchase of five (5) sport utility vehicles for use in various City departments City of Beaumont �• Council Agenda � = • � Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: December 21, 2004 AGENDA MEMO DATE: December 13, 2004 REQUESTED ACTION: Council approval of the purchase of five (5) sport utility vehicles. RECOMMENDATION Administration recommends the purchase of five (5) sport utility vehicles for the Police, Fire and Health Departments through the Houston-Galveston Area Council (H-GAC) cooperative purchasing program. BACKGROUND Three (3) 2005 Chevrolet Suburbans will be purchased and issued to the Fire Department and Health Department EMS Divsion. Two(2)Chevrolet Tahoe's equipped with Police Packages will be purchased for the Police Department. The contracted vendor is Classic Chevrolet of Beaumont. The cost of the vehicles, including the H-GAC administrative fee of$600 is $136,851. Warranty service will be provided by Classic Chevrolet. The standard warranty is three(3)years or 36,000 miles. Delivery of the unit will be within 120 days. The Suburbans will replace units Unit 7104, a 1995 Chevrolet Suburban with 49,000 miles, 7106, a 1995 Chevrolet Suburban with 76,000 miles and 7118, a 1997 Chevrolet Suburban with 197,000 miles. The Tahoes will replace units 2334, a 1999 Chevrolet Tahoe with 110,700 miles and 2337, a 1999 Chevrolet Tahoe with 42,000 miles, which was wrecked in July, 2003 and taken out of service (a patrol car has been used in the interim). The units replaced will be disposed of according to the City's surplus equipment disposal policies. Purchase of sport utility vehicles December 13, 2004 Page 2 BUDGETARY IMPACT Funds are available for this purchase in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director, Chief of Police, Fire Chief and Public Health Director.