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Home My WebLink AboutPACKET AUG 31 1999 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 31, 1999 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a contract for the purchase of ready mix concrete for use in the Public Works L Department and Water Utilities Department e B) Approve the purchase of two modular restroom units for use at the Fire Training Grounds ' C) Approve the renewal of an office space lease agreement for the Southeast Texas Auto Theft Task Force D) Approve the purchase of a road marking machine for use in the Transportation Division/Public Works E) Approve the acquisition of property for the Walden Road Improvement Project F) Approve the acquisition of property for the Concord Road Improvement Project G) Approve a lease agreement with Enron communications for the placement of fiber optic cable in the public right-of-way tZ H) Approve the conveyance of property to Statewide Consolidated Community Development Corporation, Inc. related to the Neighborhood Revitalization Project � r I) Authorize the acceptance of a Water Line Easement v0 J) Approve a change in signatories for the Workers' Compensation Account at Hibernia National Bank • �a K) Authorize the City Manager to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P." a =' L) Approve the payment of an invoice in the amount of$20,415 to C & C Demo, Inc. for the demolition and removal of the structure located at 1060 Washington Boulevard Consent Agenda Summary August 31, 1999 • Approval of minutes • Confirmation of committee appointments A) Approve a contract for the purchase of ready mix concrete for use in the Public Works Department and Water Utilities Department Administration recommends award of an annual contract for purchasing ready mix concrete to Transit Mix at a unit cost of$47.00 per cubic yard, with an estimated total expenditure of$47,000. The contract provides for the vendor to furnish approximately 1,000 cubic yards of ready mix concrete at a fixed cost of$47.00 per cubic yard. Funds are available for this expenditure in the Departments' operating budgets. A copy of the staff memorandum is attached for your review. B)Approve the purchase of two modular restroom units for use at the Fire Training Grounds Administration recommends award of a bid to GE Capital Modular Space in the amount of$45,000 for the purchase of two modular restroom units. The two 12'x 34'units will each include men's and women's facilities and will be centrally located on the grounds to enhance access for trainees. The restroom facilities currently in service are insufficient in number and are located in the administrative offices. Funds are available for this expenditure in the General Improvements Fund. A copy of the staff memorandum is attached for your review. C)Approve the renewal of an office space lease agreement for the Southeast Texas Auto Theft Task Force Administration recommends renewal of a three-year lease agreement commencing October 1, 1999 for office and warehouse space for the Southeast Texas Auto Theft Task Force at a monthly rental amount of$1,170. The lease area is approximately 3,900 square feet located at 2430 West Cardinal Drive, Suite C,owned by Bar C Ranch Company,Bill Wilson,President. The space has been leased by the Auto Theft Task Force since 1993 at a monthly rental rate of $1,100. The owner has requested an increase of$70 per month to cover his increased costs for taxes and dumpster service. A copy of the staff memorandum is attached for your review. D) Approve the purchase of a road marking machine for use in the Transportation Division/Public Works Administration recommends award of a bid for the purchase of one road marking machine to Trantex,Inc. located in Houston in the amount of$32,880. The road marking machine will be used for the application of traffic marking paint to road surfaces. The new machine will replace a 1989 model paint striper. Funds are available for this expenditure in the Capital Reserve Fund. A copy of the staff memorandum is attached for your review. E) Approve the acquisition of property for the Walden Road Improvement Project Administration recommends approval of the acquisition of property (0.1647 of an acre) located at 5195 Shelly Drive from Southwestern Bell for the appraised value of$19,729. The property was appraised by Bishop Real Estate Appraisers, Inc. A copy of the staff memorandum is attached for your review. F) Approve the acquisition of property for the Concord Road Improvement Project Administration recommends approval of the acquisition of property (0.002 of an acre) located at 3435 Concord Road from Gerald A. Upshaw,Jr. for the appraised value of$400. The property was appraised by Bishop Real Estate Appraisers, Inc. A copy of the staff memorandum is attached for your review. G) Approve a lease agreement with Enron Communications for the placement of fiber optic cable in the public right-of-way Administration recommends approval of a lease agreement between Enron Communications, Inc. and the City of Beaumont. The majority of Enron's cable routing within the City is confined to either railroad or state owned right-of-ways. Seven companies are presently leasing public owned right-of-way from the City. Enron Communications, Inc. will pay the City an initial application fee of$500 and an annual fee of$1.20 per linear foot per year. A copy of the staff memorandum is attached for your review. H) Approve the conveyance of property to Statewide Consolidated Community Development Corporation,Inc. related to the Neighborhood Revitalization Project Administration recommends approval of property located at 1820 and 1830 Corley Street being conveyed to Statewide Consolidated Community Development Corporation, Inc. As part of the Neighborhood Revitalization Project,lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. A copy of the staff memorandum is attached for your review. I) Authorize the acceptance of a Water Line Easement Administration recommends authorizing the acceptance of Han-Beau, L.P. conveying a ten-foot wide Water Line Easement to the City on their property described as being out of Tract II A of the replat of the Ferguson Development Park Subdivision. The Hampton Inn is being constructed on this site. The easement will allow the owners to be in compliance with the 1997 Standard Fire Code. A copy of the staff memorandum is attached for your review. ,n Approve a change in signatories for the Workers' Compensation Account at Hibernia National Bank Administration recommends approval of the addition of Paulo Garcia,Kevin Glidwell and Lanell Garcia as authorized signatories on Workers' Compensation Account # 5007019284 at Hibernia National Bank. The above signatories are employees of Ward Strategic Claims Solutions/Willis Rollinson,Inc. who is the administrator for the City's Workers' Compensation Claims. A copy of the staff memorandum is attached for your review. K-)Authorize the City Manager to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P." In January 1999, the Council passed a resolution authorizing the City to apply for matching funding for a"Safe and Sober S.T.E.P." grant project. The total cost of the project would be $54,976 with grant funding paying 70%($38,483) and the City paying the 30% match($16,493). The objective of the grant application is to provide salaries for officers to work overtime in regard to speeding violations, seatbelt violations, and driving under the influence of alcohol violations. A copy of the staff report is attached for your review. Administration recommends approval of this item. L) Approve the payment of an invoice in the amount of$20,415 to C & C Demo, Inc. for the demolition and removal of the structure located at 1060 Washington Boulevard Administration recommends approval of the payment in the amount of$20,415. City Council passed an ordinance on April 27, 1999 ordering the demolition and removal of the structure located at 1060 Washington Boulevard. On August 9, 1999, the roof of the structure collapsed. Following the roof collapse,the exterior walls were left leaning outward and also in danger of collapsing. The City's Building Official declared the building to be a hazard to the public and in a state of emergency. State statutes provide for the exemption of competitive formal bids when an expenditure is required to preserve or protect the public health or safety of the municipality's residents. The demolition of the structure by C & C Demo, Inc. began August 18 and will be completed by August 31, 1999. A copy of the staff memorandum is attached for your review. A MAW City of Beaumont •r• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 19, 1999 REQUESTED ACTION: Council consider a contract for the purchase of ready mix concrete. RECOMMENDATION Administration recommends award of an annual contract for purchasing ready mix concrete to Transit Mix at a unit cost of $47.00 per cubic yard, with an estimated total expenditure of $47,000. BACKGROUND The contract specifies that the successful bidder shall provide approximately 1,000 cubic yards of ready mix concrete at a fixed unit cost for one (1) year from date of award for use by the Public Works and Water Utilities Departments. Depending upon the application, the departments may need a different texture concrete than the 3,000 PSI with 1" aggregate specified in the bid. Bidders have included an addition or deduction amount per sack for finer or coarser concrete, respectively. The prices quoted are for delivery of a full five (5) cubic yard load of ready mix concrete. Deliveries of lesser amounts will incur additional delivery charges. The product bid by Transit Mix has been utilized previously by the departments and meets specifications set forth in the bid. The vendor shall deliver the material to sites designated by the departments as needed. Four (4) vendors were notified with three (3) submitting bids. Contract for Ready Mix Concrete August 19, 1999 Page 2 BUDGETARY IMPACT The contract provides for the vendor to furnish approximately 1,000 cubic yards of ready mix concrete at a fixed cost of$47.00 per cubic yard. The total estimated expenditure is $47,000 for the one (1) year contract period. The previous contract price was $46.00 per cubic yard. Funds are available for this expenditure in the Departments' operating budgets. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, Public Works Director and Water Utilities Director. RECOMMENDED MOTION Approve/Deny a resolution awarding a one (1) year contract for purchasing ready mix concrete to Transit Mix at a unit cost of $47.00 per cubic yard. I Bid Tabulation for Annual Contract for Ready Mix Concrete Bid Number: RF0799-44 Bid Opening Date: Monday, August 2, 1999 '/4-2 Cu/Yd 2'/4- 4'/4 Cu/Yd Price Per Add[Deduct Partial Load Partial Load Vendor Cu[Yd Per Sack Delivery Charge Delivery Charge Transit Mix Beaumont,TX $47.00 $4.00 $20.00 $10.00 Quality Concrete and Materials Beaumont, TX $52.00 $4.00 $20.00 $10.00 Walthall Ready Mix Rose City,TX $54.00 $4.00 $70.00 $40.00 B 0 City of Beaumont Council Agenda Item ,:U1 TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 19, 1999 REQUESTED ACTION: Council consider a bid award for the purchase of two (2) modular restroom units. RECOMMENDATION Administration recommends award of a bid for the purchase of two (2) modular restroom units to GE Capital Modular Space in the amount of$45,000. BACKGROUND The modular restrooms specified in the bid will service the Fire Training Grounds. The two (2) 12' X 34' units will each include men's and women's facilities and will be centrally located on the grounds to enhance access for trainees. The restroom facilities in service at the grounds are insufficient in number and are located in the administrative offices near the entrance of the facility, creating logistical difficulty during training sessions. The low bid was submitted by the local distributor for GE Capital Modular Space. Specifications for the units have been reviewed by Building Services Division personnel and meet City requirements as set forth in the bid. The units are compliant with all applicable building codes, including the Americans with Disabilities Act of 1991 (ADA). The vendor is responsible for delivery and set-up of the units, while City personnel will provide the utility connections. Delivery time is 53 days from the date of order, and the equipment is warranted for a period of one (1) year. Eleven (11) vendors were notified of the bid, with five (5) bids received. . Purchase of Two (2) Modular Restroom Units August 19, 1999 Page 2 BUDGETARY IMPACT The bid provides for the vendor to furnish two (2) modular restroom units at a total cost of $45,000, Funds are available for this expenditure in the General Improvements Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Fire Chief and Central Services Director. RECOMMENDED MOTION Approve/Deny a resolution accepting a bid for the purchase of two (2) modular restroom units from GE Capital Modular Space in the amount of$45,000. Bid Tabulation for Purchase of Two (2) Modular Restroom Units Bid Number: RF0799-43 Bid Opening Date: August 9, 1999 Vendor Delivery Time Unit Price Total Price GE Capital Modular Space 53 days $22,500 $45,000 Malvern, PA Resun Leasing,Inc. 48 days $23,299 $46,598 Pasadena,TX Mobile Modular Management Corp. Not stated $28,378 $56,756 Pasadena,TX Morgan Buildings & Spas, Inc. 60-75 days $33,229 $66,458 Dallas, TX Comark Building Systems,Inc. 45 days $33,379 $66,758 Desoto,TX c City of Beaumont W Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 12, 1999 REQUESTED ACTION: Council consider renewal of an office space lease agreement for Southeast Texas Auto Theft Task Force RECOMMENDATION Administration recommends renewal of a three-year lease agreement commencing October 1, 1999 for office and warehouse space for the Southeast Texas Auto Theft Task Force (ATTF) at a monthly rental amount of$1,170. BACKGROUND The purpose of the ATTF is to detect stolen vehicles and related items. Officers investigate automobile theft rings and inspect salvage yards, used car lots and automotive repair shops to check for stolen vehicles, motors and other parts. The task force consists of six employees of the Beaumont Police Department, and one employee each from the Port Arthur Police Department, the Jefferson County Sheriff's Department and the Orange County District Attorney's Office. Funding for the program is provided by a grant from the Texas Auto Theft Prevention Authority (ATPA). The lease area is approximately 3,900 square feet located at 2430 West Cardinal Drive, Suite C, owned by Bar C Ranch Company, Bill Wilson, President. The space has been leased by the ATTF since 1993 at a monthly rental rate of$1,100. The owner has requested an increase of$70 per month to cover his increased costs for taxes and dumpster service. All other provisions of the lease remain the same as the prior agreement. ATTF is responsible for the cost of all utilities for the leased area. Hazard insurance, taxes and dumpster services are provided by the Owner. The City may terminate this lease at any time by giving three (3) months written notice. Office Space Lease Agreement Renewal for Southeast Texas Auto Theft Task Force August 12, 1999 Page 2 A copy of the lease agreement, in its substantial form, is attached for your review. BUDGETARY IMPACT contract period. The total estimated expenditure is $14,040.00 per year for the three (3) y ear P Funds are available for this expenditure in the ATPA grant account. In the event State funds are reduced or not renewed, the lease agreement contains a non-appropriation clause which allows for early termination without penalty to the City. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Central Services Director, and Police Chief. RECOMMENDED MOTION Approve/Deny a resolution renewing the three-year lease agreement commencing October 1, 1999 with Bar C Ranch Company at a monthly rental amount of 51,170. LEASE AGREEMENT This is a Lease Agreement made and entered into this day of September 1999 by and between Bar C Ranch Company, a Texas Corporation, herein referred to as LANDLORD and City of Beaumont/Southeast Texas Auto Theft Task Force, herein referred to as TENANT. ARTICLE I Section 1.01 Lease Premises (a) Landlord hereby leases and demises to the Tenant, and the Tenant hereby takes and leases from the Landlord, subject to the terms and conditions hereof, warehouse and office space consisting of approximately Three Thousand Nine Hundred (3,900) square feet located at 2430 West Cardinal Drive, Suite C, as shown on the plat attached as Exhibit A (herein referred to as the "Lease Premises" or the "Demised Premises"). (b) During the term of this Lease the Tenant shall have the non-exclusive right to use with others the parking area and access driveways serving the building in which the Lease Premises are situated, subject to the Landlord's right to impose reasonable limitations for the purpose of assuring equitable use by all occupants and their invitees. Section 1.02 Term (a) The primary term of this Lease shall be 36 calendar months, plus the partial month, if any, after the commencement of the lease term. (b) The Tenant may terminate this Lease at any time by giving at least three (3) months notice in writing to the Landlord and no rental shall accrue after the effective date of termination. (c) This Lease shall be automatically renewed from year to year without further notice unless and until the Tenant shall give notice of termination in accordance with subparagraph b above; provided that adequate appropriations are available from year to year for payment of rentals, and provided further that this Lease shall in no event extend beyond September 30, 2002. (d) The term of this Lease and the Tenant's obligation to pay rent hereunder shall commence on October 1, 1999. ARTICLE II Section 2.01 Rent During the term of this Lease the Tenant agrees to pay to the Landlord annua 1 rent in the amount of Fourteen Thousand Forty Dollars ($14,040.00) payable in monthly installments of Eleven Hundred Seventy Dollars ($1,170.00) each. The first installment shall be payable on the commencement date of this Lease and on the first day of each month thereafter. Rental shall be payable at the Landlord's office, 2615 Calder, Suite 550, Beaumont, Texas 77702, or at such other place in Beaumont, Texas, as the Landlord may direct by written notice to the Tenant. Section 2.02 Taxes, Insurance and Maintenance (a) Landlord is responsible for all taxes and similar assessments against the land and the building of which the Demised Premises are a part; and premiums applicable to hazard insurance covering the building of which the Demised Premises are a part of; and charges for dumpster serving the Demised Premises. (b) The interior of the Demised Premises, including but not limited to air conditioning filters, shall be maintained under normal conditions at the sole term he te o the Lease. Landlord shall cost f of t of kept by the Tenant in good working condition throughout the right to enter upon the Lease Premises at reasonable times during business hours for the purpose of inspecting the premises in order to determine that maintenance is being properly performed. (c) The foundation, exterior walls, air conditioning equipment and roof of the building in which the Demised Premises are situated shall b Tenant bnant's agentsror my tpees or damage thereto resulting from acts or negligence of Section 2.03 Utilities at Tenant's Cost r heat, water, gas, Tenant shall be solely responsibewe�a e sarvi emortlanP otherall ut lity used or consumed in the electricity, telephone service or g Demised Premises. Section 2.04 Landlord Not Responsible for Utilities In no event shall Landlord be liable for an interruption or failure in the supply of any such utility services to the Demised Premises to the extent said interruption or failure is not directly attributable to the negligence of the Landlord. Section 2.05 Taxes on Personal Property The Tenant shall be responsible for and shall pay before delinquency all taxes assessed during the term of this Lease against any leasehold interest or personal property of any kind, owned by or placed in, upon or about the Lease Premises by the Tenant. ARTICLE III Section 3.01 Use of Premises The Tenant shall use the Lease Premises solely for the purpose of conducting the business of the detection and administration of stolen vehicles and related items and all related uses, but for no other purpose or purposes, without first obtaining the written consent of Landlord. Tenant shall promptly and continuously comply with all laws, orders and regulations of the State, County and City affecting the use, occupation, safety and cleanliness of the premises and the equipment of Tenant. Tenant further agrees that during the entire term of this Lease it will remain open for business in a normal and ordinary fashion, during usual and normal business hours, without interruption except during such time as an interruption may be caused by virtue of damages to the premises. No capital improvement costs are considered to be a part of this Lease Agreement unless specifically agreed to in writing. Section 3.02 Assigning and Subletting Tenant shall not assign this Lease or sublet the Lease Premises or any part thereof without first obtaining the written consent of Landlord; and, if Landlord's consent is obtained, such consent shall not relieve Tenant of its obligations hereunder. ARTICLE IV Section 4.01 Loss and Damage Landlord shall not be liable for any damage to property of Tenant or others located on the Lease Premises, nor for the loss of or damage to any property of Tenant or of others by theft of others All property of Tenant kept or stored on the Lease Premises shall be so kept or stored at the risk of the Tenant only. Landlord shall not be liable for any injury to persons resulting from any occurrence in, on or arising out of the Lease Premises, unless caused by the acts of negligence of Landlord, its agents, employees or subcontractors. Section 4.02 Legal Fees The prevailing party shall also pay all costs, expense and reasonable attorney's fees that may be incurred or paid by Landlord in successfully enforcing the covenants and agreements in this Lease. Section 4.03 Liability Insurance Tenant is self-insured as to all liability and maintains an adequate self-insurance fund to pay such claims. As to liability claims resulting from the negligence of Tenant, Tenant will pay such claims and protect Landlord from such claims. ARTICLE V Section 5.01 Notices of Damages In the event the Lese Premises shall be damaged by fire, explosion or any other type casualty, Tenant shall immediately give notice thereof to the Landlord. Section 5.02 Damage From Insured Hazard If the damage is the result of a hazard covered by insurance, then the Landlord shall repair any damage restoring the Lease Premises, whereupon the Landlord shall be entitled to retain all hazard insurance. If the damage is caused by a non-insured hazard during the term of this Lease, then the Landlord shall have the election of terminating the Lese or of repairing the damage, whereupon the Lease shall remain in full force and effect. During such time as the Lease Premises are untenantable by virtue of damage, rent shall be abated. Section 5.03 Total Condemnation If the whole of the Lease Premises shall be acquired or condemned by eminent domain, then the term of this Lease shall cease and terminate as of the date that title shall be divested of the Landlord, and all rentals (including taxes and insurance) shall be paid to that date, and Tenant -- 3 -- shall have no claim against the Landlord for the value of any unexpired term of this Lease. Section 5.04 Partial Condemnation If any part of the Lease Premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, and in the event that such partial taking or condemnation shall render the Lease Premises unsuitable for the business of the Tenant, then the term of this Lease shall cease and terminate as of the date of title vesting in such proceeding and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lese. In the event of a partial taking or condemnation which is not extensive enough to render the premises unsuitable for the business of the Tenant, then Landlord may, at its option, promptly make all necessary repairs and alterations necessary to put that portion of the Lease Premises in a condition comparable to its condition at the time of such condemnation less the portion lost in the taking, and in which event the terms and conditions of this Lease shall continue in full force and effect except for adjustments to the rental reflecting actual changes in square footage of the premises. Section 5.05 Damages In the event of any condemnation or taking by eminent domain as herein before provided, whether whole or partial, the Tenant hereby expressly waives any right or claim to any part thereof. Although all damages in the event of any condemnation are to belong to the Landlord whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the Lease Premises, Tenant shall have the right to claim and recover from the condemning authority, but not the Landlord, such compensation as may be separately awarded or recoverable • by Tenant in Tenant's own right on account of any and all damage to Tenant's business by reason of the condemnation and for or on account of any cost or loss to which Tenant might be put in removing Tenant's merchandise, furniture, fixtures, leasehold improvements and equipment. ARTICLE VI Section 6.01 Quiet Enjoyment Upon payment by the Tenant of the rents herein provided, and upon the observance and performance of all covenants, terms and conditions on Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Lease Premises for the term hereby demised without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. Section 6.02 Holding Over In the event Tenant remains in possession of the Lease Premises after the expiration of this Lease and without the execution of a new lease, it shall be deemed to be occupying said premises as tenant from month to month at a rental equal to the rental herein provided and otherwise subject to all the conditions, provisions and obligations of this Lease insofar as the same are applicable to a month-to-month tenancy, subject to Landlord's right to increase rental as provided under the provisions of Texas law applicable to a month-to-month tenancy. --4 -- Section 6.03 Alterations, etc., by Tenant Tenant shall not make any structural alterations, additions or improvements to the Lease Premises without the prior written consent of Landlord, except the installation of unattached movable trade fixtures which may be made or installed without drilling, cutting or otherwise defacing the Lease Premises. All permanent alterations, additions, improvements and fixtures (other than unattached, movable trade fixtures) which may be made or installed by either party hereto upon the Lease Premises shall remain upon and be surrendered with the premises and become the property of Landlord at the termination of this Lease. Tenant shall have the right to install, at its own expense, a sign or signs at the Demised Premises, subject to Landlord's approval as to size, design and general decor. Any sign shall be the property of the Tenant and must be removed at the end of the tenancy. Section 6.04 Surrender of Premises At the expiration of the tenancy herein created, Tenant shall surrender the Lease Premises in the sam condition as the Lease Premises were in upon delivery of possession and completion of Landlord's construction under this Lease, ordinary wear and tear and damage from the elements excepted. The foregoing sentence shall be inapplicable to a termination occurring by virtue of provisions of sections 6.01 or 5.02 hereof. If requested by Landlord, Tenant shall remove all its trade fixtures, and any non-permanent alterations or improvements before surrendering the Lease Premises and shall repair any damage to the Lease Premises caused thereby. Tenant's obligation to observe or perform this covenant shall survive the expiration or other termination of the term of this Lease. ARTICLE VII Section 7.01 Offset Statement Within ten days after request therefor by Landlord, or upon any sale, assignment or hypothecation of the Lease Premises by Landlord, if an offset statement shall be required from Tenant, Tenant agrees to deliver in recordable form a certificate to any proposed mortgagee or purchaser, or to Landlord, certifying (if such be the case) that this Lease is in full force and effect and that there are no defenses or offsets thereto, or stating those claimed by Tenant. Section 7.02 Attornment Tenant shall, in the event any proceedings are brought for the foreclosure of, or in the event of exercise of the power of sale under any mortgage made by the Landlord covering the Lease Premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. Section 7.03 Subordination It is agreed that the right and interest of Tenant under this Lease shall be subject and subordinate to any mortgages or deeds of trust that may hereafter be placed upon the Lease Premises, and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, modifications, replacements and extensions thereof, if the mortgage or trustee named in said -- 5 - mortgages or deeds of trust shall elect by written notice delivered to Tenant to subject and subordinate the right and interest of the Tenant under this Lease to the lien of its mortgage or deed of trust and shall agree to recognize this Lease of Tenant in the event of foreclosure if Tenant is not in default; but any mortgage or trustee may elect to give the rights and interest of the Tenant under this Lease priority over the lien of its mortgage or deed of trust. In the event of either such election, and upon notification by such mortgagee or trustee to Tenant to that effect, the rights and interest of the Tenant under this Lease shall be deemed to be subordinate to, or to have priority over, as the case may be, the lien of said mortgage or deed of trust, whether this Lease is dated prior to or subsequent to the date of said mortgage or deed of trust. Tenant shall execute and deliver whatever instruments may be required for such purposes, and in the event Tenant fails to do so within ten (10) days after demand in writing, Tenant does hereby make, constitute and irrevocably appoint Landlord as its attorney in fact and in its name, place and stead to do so. Section 7.04 Short Form Lease Landlord and Tenant each agree that at the request of either they will, following the commencement of the term of this Lease, execute and deliver a recordable short-form lease containing the basic provisions of this Lease, acknowledging that Tenant has accepted possession and this Lease is operative, and reciting the exact commencement date and termination date of this Lease. ARTICLE VIII Section 8.01 Waste or Nuisance Tenant shall not commit or suffer to be committed any waste upon the Lease Premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant of Landlord in the proximity of the Lease Premises. Section 8.02 Governmental Regulations Tenant shall, at Tenant's sole cost and expense, comply with all requirements and regulations of all county, municipal, state, federal and other applicable governmental authorities, now in force or which may hereafter be in force to the extent that the conditions of this Lease are not changed, pertaining to the said premises, and shall faithfully observe in the use of the premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. ARTICLE IX Section 9.01 Acts of Default Any of the following shall constitute an event of default by the Tenant: (a) Failure of Tenant to pay all rental and other charges due hereunder within 15 days after same shall become due; or (b) Failure by Tenant to perform any of the other terms, conditions, covenants or obligations of Tenant under this Lease, if such failure shall continue for more than 30 days after written -- 6-- notice thereof shall have been given by the Landlord to the Tenant; provided, however, that if each failure cannot be reasonably cured within thirty (30) days, Tenant shall not be in default if Tenant commences to cure such failure within the thirty (30) day period and in good faith continues to cure each failure; or (c) The Tenant becoming bankrupt or insolvent, or filing any debtor proceedings, or seeking any type of debtor relief, or the filing against the Tenant in any court pursuant to any statute either of the United States or of any other state a petition in bankruptcy or insolvency or for an arrangement or for the appointment of a receiver or trustee for all or a portion of Tenant's property, or Tenant making an assignment for the benefit of creditors, or petitioning for or entering into an arrangement with respect to its creditors; or (d) Abandonment of the Lease Premises by the Tenant; or (e) Any act or omission by the Tenant which creates or purports to create a lien upon the Lease Premises. Nothing herein shall preclude Tenant's right to seek an equitable recovery for any default by Landlord of any provisions of this Lease. Section 9.02 Landlord's Remedies (a) Upon a default by Tenant, the Landlord shall have the right to re-enter and take possession of the Lease Premises. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the premises, and re-let said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; upon each such re-letting the rentals shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such re-letting, including brokerage fe es and attorney's fees and costs of such alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such re-letting during any month be less than that to be paid during the month by Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of said premises by Landlord shall be construed as an election on its part to terminate this Lease unless the termination thereof be decreed by a court of competent jurisdiction. (b) Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach, in addition to any other remedies it may have, and it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Lease Premises, reasonable attorney's fees, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Lease Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord. -- 7 -- Section 9.03 Additional Remedies In case suit shall be brought for recovery of possession of the Lease Premises, for the recovery of rent or any other amount due under the provisions of this Lese, or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed, and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefor, including a reasonable attorney's fee. Any and all actions as may be brought under this Lease shall be brought in Jefferson County, Texas. ARTICLE X Section 10.01 Waiver One or more waivers of any covenant, term or condition of this Lease by either party shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to or any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Waiver by Landlord of any covenant, term or condition of leases with other tenants of the Lease Premises or failure of Landlord to require of any other tenant of the Lease Premises to undertake or perform obligations hereunder or other similar obligations shall not be deemed a waiver or failure as to any other person or party. Section 10.02 Accord and Satisfaction No payment by Tenant or receipt by Landlord or a lesser amount than the rent herein stipulated Sshall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease. Section 10.03 Notice Any written notice under this Lease shall be by certified or registered prepaid mail or delivered in person and, (a) if intended for the Landlord, addressed or delivered to Landlord at 2615 Calder, Suite 550, Beaumont, Texas 77702, or at some other address in the U.S.A. as Landlord may designate by written notice; and (b) if intended for the Tenant, addressed or delivered to Tenant at the City of Beaumont, P. O. Box 3827, Beaumont, Texas 77704, or at some other address in the U.S.A. as Tenant may designate by written notice. Section 10.04 Landlord's Successors-in-Interest This provision of this Lease shall inure to the benefit of the Landlord and its assigns and shall be binding upon the Tenant and its assigns; and the provisions of this agreement shall be binding upon the Landlord only with respect to breaches occurring during the period of ownership of the Lease Premises by the Landlord and upon the successors-in-interest of the Landlord only during -- 8 -- the period of ownership by such successors-in-interest of the Landlord. ARTICLE XI Section 11.01 Miscellaneous Provisions This Lease shall be of no force and effect until duly executed by authorized representatives of both parties and delivered in fully executed form to each party. Tenant shall store and promptly and property dispose of any waste oil, antifreeze or gasolines in an environmentally safe manner and shall not cause any pollution or nuisance about the premises. ARTICLE XII Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for lease payments due under this Lease, Tenant will immediately notify Landlord in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Tenant. EXECUTED in multiple counterparts, each of which shall be deemed an original. LANDLORD TENANT Bar C Ranch Company City of Beaumont Texas Southeast Texas Auto Theft Task Force By: By: W. E. Wilson, Jr., President Stephen J. Bonczek, City Manager D M City of Beaumont •� Council Agenda Item c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 19, 1999 REQUESTED ACTION: Council consider a bid award for the purchase of one (1) road marking machine. RECOMMENDATION Administration recommends award of a bid for the purchase of one (1) road marking machine to Trantex, Inc., located in Houston, Texas, in the amount of $32,880. BACKGROUND The road marking machine specified in the bid is to be used by the Public Works Department, Transportation Division, for the application of traffic marking paint to road surfaces. The unit will include a video guidance and monitoring system which assists the driver in maintaining a straight path, enhancing the consistency of straight traffic lines. The machine is replacing a 1989 Saf-T-Mark paint striper, unit number 4302. Replacement is contemplated due to the machine's age and wear, and the improved operator safety afforded by current models. Specifications for the equipment bid by Trantex, Inc. have been reviewed by Fleet Management Division personnel and meet City requirements as set forth in the bid. Delivery time is 30 days from the date of order, and the equipment is warranted for a period of one (1) year. Warranty service shall be performed by Trantex, Inc. at the Houston location. Thirty-three (33) vendors were notified of the bid, with two (2) bids received. 0 Purchase of One (1) Road Marking Machine August 19, 1999 Page 2 BUDGETARY IMPACT The bid provides for the vendor to furnish one (1) road marking machine at a total cost of $32,880. Funds are available for this expenditure in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny a resolution accepting a bid for the purchase of one (1) Graco Road Lazer Model 231-572 road marking machine from Trantex, Inc. in the amount of$32,880. Bid Tabulation for Purchase of One (1) Road Marking Machine Bid Number: BF0599-55 Bid Opening Date: August 2, 1999 Vendor Model Bid Delivery Time Bid Amount Trantex, Inc. Graco Road Lazer 30 days $32,880 Houston, Texas Model 231-572 EZ-Liner EZ-Liner 45-60 days $41,290 Orange City, Iowa Model AL 120-EZ E City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 23, 1999 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of Parcel 24 of the Walden Road Improvement Project. RECOMMENDATION The owner of the property listed below has agreed to convey the property for the right of way for the Walden Road Improvement Project. Parcel 24: 0.1647 acre of land out of the Samuel Stivers League, Abstract 51 (5195 Shelly Drive) Appraised Value $19,729 (Partial Taking) Appraiser: Bishop Real Estate Appraisers, Inc. Owner: Southwestern Bell Telephone Company Administration recommends authorization to acquire the property. BACKGROUND Construction is under contract for the improvements to Walden Road from FM 364 (Major Drive) to Interstate Highway 10. Council authorized the extension of the contract to include the section from Interstate Highway 10 to State Highway 124 (Fannett Road) on July 13, 1999. BUDGETARY IMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION Four parcels which have been acquired were approved by Council in January, March and July, 1999. SUBSEQUENT ACTION Two offers are pending on the section from FM 364 (Major Drive) to Interstate Highway. 10. One owner has accepted the appraised value on the section from Interstate 10 to State Highway 124 (Fannett Road). RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acquisition of Parcel 24 of the Walden Road Improvement Project. 0 0 SUBJECT P{ WALDEN ROAD IMPROVEMENT 1p PROJECT } PARCEL 241 i FPNNE�s 0.1647 ACRE OF LAND OUT OF THE SAMUEL 3TIVER3 LEAGUE, ABSTRACT 61 (6166 SHELLY DRIVE) o a � a J O r 2 2 � A �: U OWNER: 9R'fV " E r W F R D V SOUTHWESTERN BELL TELEPHONE COMPANY LEGEND LOCATION MAP N.T.S. C� SUBJECT PROPERTY §iw MON. WISRM sr � 44 •T„101� 1.797 ACRE TRACT �• Alice Cashes, teme sole, N.T.S. to Southwestern Bell Telephone CompftnY v p Volume 1224 Page 97 b D.R.J.C. / MR CL FDKE y >ff 4/P f—t— uoo R/CM f 73' SET Cl i .4wsri�r 131-0 »wo POW ON MOST Yzn=Y sw" YB C09. •6-►�RCELN Cit y of Beaumont 7LJ-1:J Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 23, 1999 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of Parcel 60 of the Concord Road Improvement Project. RECOMMENDATION The owner of the property listed below has agreed to convey the property for the right of way of the Concord Road Improvement Project. Parcel 60: 0.002 acre out of Lot 1 of the Bodin Subdivision in the A. Williams Survey, Abstract 385 (3435 Concord Road) Appraised Value $400 (Partial Taking) Appraiser: Bishop Real Estate Appraisers, Inc. Owner: Gerald A. Upshaw, Jr. Administration recommends authorization to acquire this property. BACKGROUND The property is in Phase H of the Concord Road Project. There are 53 parcels in this section, of which the City owns five of these parcels. Appraisals have been completed on 44 of the 48 parcels to be acquired. BUDGETARY IMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION Thirty-three parcels have been acquired since June 1998. Authorization for eminent domain has been approved for one parcel. SUBSEQUENT ACTION Five offers are pending and four owners have accepted the appraised value for their property. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acquisition of Parcel 60 of the Concord Road Improvement Project. i SUBJECT CONCORD ROAD y LFiLL ❑ IMPROVEMENTS PROJECT ti N 9�0�so�9 W IE c > rC J H HA A W H Q m N LY my PROP03ED Q o 9 W Z 0 HAY go RIGHT—OF—WAY �`� � � Q z HYB J UT1 ACOUISITION ' ° ° TOLE PARCEL NO. 60 6N K ��i y LEIGH DA VW D O c^ TAFT IVES ASHVOOD cm 0.002 ACRE H NAPLEV RI1d"R Z EARL OUT OF LOTS 1 ' N.BODIN ADDITION Q W T „ ° �T > POPE (PARTIAL TAKING) DOG f9C TU JTULA T AANE, RL AC a: �. s 9� ark . WILLO O D ROIINE W OWNER: z BEA G.A. UP3HAW JR. notm �, PJ unnn LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY Pop x 14'Mw x CO*,—�9fj M. 11f PIE� `` '/\♦Oj� a '� eslr 18 x l f 1 6 , \ -p0 OIL s¢M ' \q0 x pra if v I' swartf r SCALE:1"-30' f SINGLE STORY :A N.T.S. / BUILDDING } ' � f PROPOSED R.O.W. -c / NOTE: BUILDING CORNER IS 0.5' ILO / OUTSIDE PROPOSED R.O.W. If /S ii f� LOT 1 N / D/ METAL BUWNG f' e 0 /H I /: •\�X09. 01 COMSTOCK ADDITION ` 0 V J.C.A.R. s� ex wslw v.!7J Pg.2N �=A AGPAW G i City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Administrator MEETING DATE: August 24, 1999 AGENDA MEMO DATE: August 13, 1999 REQUESTED ACTION: Council consider entering into a lease agreement with Enron Communication for the placement of fiber optic cable in the public right-of-way. RECOMMENDATION Administration recommends approval of a lease agreement between Enron Communications, Inc. and the City of Beaumont for the placement of fiber optic cable in the public right-of-way. BACKGROUND The majority of Enron's cable routing within the City is confined to either railroad or state owned right-of-ways. Seven (7) companies are presently leasing public owned right-of-way from the City. The increasing demand for long distance or Internet service providers has resulted in an increased rate of license requests in the last two (2) years. Rates are scheduled for review on or before January 1, 2001 and every 10 years thereafter. BUDGETARY IMPACT Enron Communications, Inc. will pay the City of Beaumont an initial application fee of$500 and an annual fee of$1.20 per linear foot per year. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Public Works Director and Transportation Administrator RECOMMENDED MOTION: Approve/Deny a lease agreement between Enron Communications, Inc. and the City of Beaumont for the placement of fiber optic cable in the public right-of-way. PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Enron Communications,Inc. desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of Beaumont that Enron Communications,Inc. must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with Enron Communications, Inc.; and, NOW, THEREFOR; The City of Beaumont, hereinafter called"City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with Enron Communications, Inc. that Enron Communications, Inc. may lay, maintain, operate, replace or remove a fiber optic communication system (the"system") for the transportation of long distance communications in, on, under or across the streets, alleyways and easements set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out herein and subject to the following conditions: (a) The system shall be installed in such a manner as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Enron Communications, Inc. or Enron Communications, Inc. contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at a depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas Department of 1 • Transportation, if applicable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent drainage ditch, when crossing or placed in said ditch. Enron Communications, Inc. will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Ten Dollars ($10)plus Five Dollars ($5) for each day of construction. © The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City,nor with sanitary sewer lines, water lines, or other facilities. (d) All excavations within the right-of-way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right-of--way. (e) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and Enron Communications, Inc. shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (fJ The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (g) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of the system. (h) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right-of-way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation on property which is not owned by the City of Beaumont. (1) Barricades, warning signs, lights, and flagmen will be provided and installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition)by Enron Communications,Inc. contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. Enron Communications, Inc. or its contractor will provide supervision of the work which is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Enron Communications, Inc. or its contractor of 2 additional barricades, warning signs and lights or flagmen as be necessary. In the event Enron Communications, Inc. or its contractor does not comply with the barricading standards,the City Engineer may order Enron Communications,Inc. and its contractor to stop work; but only until compliance is achieved. (j) City reserves the right to lay and to permit to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Enron Communications, Inc. for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Enron Communications,Inc. rights to recover damages against any contractor or third party who may be responsible for damages to Enron Communications, Inc. facilities. (k) If the City requires Enron Communications, Inc. to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City, Enron Communications, Inc. shall make the alterations or changes as soon as practicable when ordered in writing by the City,without claim for reimbursement or damages against the City at no additional charge to Enron Communications, Inc.. If these requirements impose a financial hardship on Enron Communications, Inc., Enron Communications, Inc. shall have the right to present alternative proposals for the City's consideration. If the City requires Enron Communications,Inc.to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right- of-way,Enron Communications,Inc. shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse Enron Communications, Inc. for any loss and expense which will be caused by or arise out of such removal,alteration,change, adaptation or conformance of Enron Communications, Inc. facilities;provided, however, the City shall never be liable for such reimbursements. (1) Enron Communications, Inc. shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Enron Communications, Inc., except to the extent arising from the sole negligence, or wanton conduct or gross negligence of the City of Beaumont,its employees or agents. Neither party shall be liable to the other for any consequential, special, or indirect damages hereunder. 3 (m) If the system or any part thereof installed by Enron Communications, Inc. shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Enron Communications, Inc. shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage is occasioned by Enron Communications, Inc. or wanton conduct or gross negligence. However, nothing contained in this paragraph shall prevent Enron Communications,Inc. from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (n) Recovery by Enron Communications, Inc. for damages that occur to Enron Communications, Inc. facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by Enron Communications, Inc.. (o) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such maintenance and operation shall be at Enron Communications, Inc. expense. Such damages shall be limited to actual damages and no loss of revenue damages. (p) Enron Communications, Inc. contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has Sin force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten (10) days written advance notice to the City. (q) Enron Communications, Inc. shall make payment to the City of Beaumont as follows: • initial agreement fee of$500, payable upon execution of this agreement; • annual fee of$1.20 per linear foot in the City right-of-way which sums shall be payable January 1, 1999 and each year thereafter. Said parties shall confer and negotiate in good faith on a new rate on or before January 31, 2001, to become effective January 1, 2002 and shall confer and negotiate on a rate in the year 2011 and every ten (10) years thereafter. • inspection, engineering and other costs during the period of initial construction in the amount of$2000.00,payable upon receipt of invoice. (r) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Enron Communications, Inc. (except as provided in Paragraph k) 4 shall be reimbursed to City by Enron Communications, Inc. upon written request therefor, which shall include evidence of such costs. (s) Enron Communications, Inc. agrees that it shall mark the location of its system within forty-eight (48) hours after receipt of notification of proposed construction. Enron Communications, Inc. maintain a toll-free telephone number to be called for location of the system. Should Enron Communications, Inc. fail to locate the system for the City within forty-eight (48) hours of request duly acknowledged, Enron Communications, Inc. shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice,Enron Communications, Inc. audio tape of telephone messages shall provide proof of notification which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to Enron Communications, Inc. . (t) Enron Communications, Inc., at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided by the City within sixty (60) days after completion of the project. The City shall give Enron Communications, Inc. written notice of any violation of this agreement. If Enron Communications, Inc. fails to correct such violation within sixty (60) days of such notice, this agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Enron Communications, Inc. PO Box 3827 210 SW Morrison Street, Suite 400 Beaumont, Texas 77704 Portland, OR 97024 NOTICE PURSUANT TO PARAGRAPH"S" SHALL BE GIVEN AS FOLLOW: Toll-free Telephone Number: 5 0 The above-stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by Enron Communications, Inc. after the date of this agreement shall be construed as evidence of Enron Communications, Inc. acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. IN WITNESS WHEREOF, the City of Beaumont, Texas,has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of 19_. THE CITY OF BEAUMONT By: Stephen Bonczek, City Manager ATTEST: City Clerk Enron Communications, Inc. By: Title: ATTEST: 6 EXHIBIT "A" Enron Communications, Inc. (Exact Distance Will Be Determined When Route Map Is Complete) STREET LINEAR FEET 7 H ilCity of Beaumont 7J-!J- Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 23, 1999 REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute a deed conveying property to the Statewide Consolidated Community Development Corporation, Inc. for the Neighborhood Revitalization Project. RECOMMENDATION The property listed below needs to be conveyed to the Statewide Consolidated Community Development Corporation, Inc. for the construction of new homes. Lots 10 and 11, Block 20 of the Cartwright Addition 1820 and 1830 Corley Street The administration recommends the execution of a deed conveying above property to Statewide Consolidated Community Development Corporation, Inc. BACKGROUND As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. BUDGETARY IMPACT None . PREVIOUS ACTION The City acquired the property listed above in the name of the City of Beaumont from Emma Wilridge Lee, Elsie B. Martens, Solomon Lee, Jr., Lester Lee, Sr., Rickette Lee, and Barbara Ann Lewis. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and City Engineer. 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'•1.1.1.1.1.1.11.1.1.1.1.1.1.1.1.11.1.1.1'1.1.1.1.1.1.1.1.1.1.1.1.11.1.1.1.1.1'1'111.1• •111111.111.11.1 1111111.1111.111111111.1111111• 1.1•iiiiii•�'ii:i:::::��1��1,1.1.1.1..1.1��1•••/••11 111•.1 CityBeaumont of Council Agenda Item•• TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 19, 1999 REQUESTED ACTION: Council approval of a resolution authorizing the acceptance of a water line easement. RECOMMENDATION Han-Beau, L.P. has conveyed a ten foot wide Water Line Easement to the City of Beaumont on their property described as being out of Tract H A of the replat of the Ferguson Development Park Subdivision. Administration recommends acceptance of the easement. BACKGROUND The Hampton Inn is being constructed on this site. The 1997 Standard Fire Code, Chapter 6, Section 603.17.2 requires each sprinkler or standpipe system be located not more than 100 feet from the nearest fire hydrant connection. This easement will allow the owners to be in compliance with the code. BUDGETARY IMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION: Approve/Deny approval of a resolution authorizing the acceptance of a Water Line Easement. 0 SUBJECT WATER LINE EASEMENT d �a 1 L ti TRACT II A OF THE REPLAT OF THE FEROU30N DEVELOPMENT o J F PARK 3UBDIV13ION OWNER= ` HAN—BEAU, L.P. a �� LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY 8 �I as el INSERT e�Y NI y� i P�r"wow" MoMpw asp �l = s.n-r •e r.Ge - ^..^.. •�•• :-- CLEARWATER COURT .. 61* 7•. .Y.1.31.!0'• — ~) • . •j4dii, I fill N.T.S. SEE 1 N S E R T � ,,� �c wtioA.wT PaercTa N.T.S. �[ule�iwr Pore I sa —M^"=X-MA x UNC 10°0 8 all - b 7 Sw.lwu& --OUAL -T-- Tam �. ,00.00• ,� oa, r+�cT s■ 1 � I HAMPTON-INN 1 .. , aE mDtiwT ptioM 1 0 $'PA%13*XT� . ■ FOUND S/d' "n"r v-a� an . - omp leo6 1iY0RANT ■8-Vl�tr6C1[► Cot ly of Beaumont IL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 18, 1999 REQUESTED ACTION: Council consider a resolution requesting a change in signatories for the Workers' Compensation Account # 5007019284 at Hibernia National Bank. RECOMMENDATION The administration requests approval of the addition of Paulo Garcia, Kevin Glidwell and Lanell Garcia as authorized signatories on the above listed account. It is also requested that Mary Morris be deleted as signatory on the account. Signatories on all other City of Beaumont accounts for banking or investment purposes shall remain unchanged. BACKGROUND Ward Strategic Claims Solutions/Willis Rollinson, Inc. is the administrator for the City's Workers' Compensation Claims. Claims are paid from City of Beaumont account#5007019284 at Hibernia National Bank. Both Ward employees and City employees are authorized to sign on the account. Michael Hamilton, Sydney Post, Judy Ventrca, Diana Rollinson and Mary Morris are Ward employees who are currently authorized as signatories on the account. Stephen J. Bonczek, Beverly Hodges, Kandy Daniel, and Kyle Hayes are the City employees currently authorized as signatories on the account. BUDGETARY IMPACT None. PREVIOUS ACTION Diana Rollinson was added as authorized signatory on this account effective September 10, 1996. SUBSEQUENT ACTION None. RECOMMENDED BY: Finance Officer and City Manager. RECOMMENDED MOTION Approve/Deny resolution adding Paulo Garcia, Kevin Glidwell and Lanell Garcia and deleting Mary Morris as authorized signatories on City of Beaumont Workers' Compensation Account#5007019284 at Hibernia National Bank. K UP. Cat y of Beaumont Council A enda Item ,. ■c g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Scofield, Chief of Police MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 26, 1999 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P.": RECONnIENDATION Administration recommends authorizing City Manager to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P.": BACKGROUND In January, 1999, the City Council passed a resolution authorizing the City to apply for matching funding for a "Safe and Sober S.T.E.P." grant project. The total cost of the project would be Fifty-Four Thousand Nine-Hundred and Seventy-Six ($54,976) Dollars with grant funding paying 70%($38,483) and the City paying the 30% match ($16,493). The funds are for salary (overtime) and City's match would be from the police budget. BUDGETARY IMPACT City would fund 30% ($16,493) of the grant from the police budget. PREVIOUS ACTION Resolution 99-6 authorized the City to apply for the grant project. SUBSEQUENT ACTION None TO: City Council MEETING DATE: August 31, 1999 FROM: Stephen J. Bonczek, City Manager AGENDA MEMO DATE:August 26, 1999 RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P." • INTER-OFFICE MEMORANDUM City of Beaumont,Texas Police Department Date: August 25, 1999 To: Stephen J. Bonczek,City Manag�err,1 From: Tom Scofield,Chief of Police Subject: Safe and Sober S. T. E. P. Grant v COMMENTS In January, 1999, the city submitted a grant application to the Texas Department of Transportation requesting funding for a project titled Safe and Sober S. T. E. P. The funding sought was for labor costs associated with the project with a total anticipated cost of fifty four thousand, nine hundred seventy six dollars ($54,976.00). Of that total cost, 70% ($38, 483.00) was to come from federal funds and local funds would furnish 30% ($16,493.00) as a match. The objective of the grant application was to provide salaries for officers to work overtime in regard to speeding violations, seatbelt violations, and driving under the influence of alcohol violations. I have attached certain pages from the grant application for your review. In addition to the funding for Fiscal Year 2000, the grant application also sought funding for the succeeding two years, Fiscal Year 2001 in the amount $32,986 and Fiscal Year 2002 in the amount of $27,488.00. Representatives of the Texas Department of Transportation have indicated that we have an excellent chance of second and third year funding approval. The federal match would diminish from 70 to 60 to 50% while the city's match would rise from 30 to 40 to 50%. On or about August 11, 1999, we received information from the Texas Department of Transportation that our grant application had been approved for Fiscal Year 2000. A copy of that notice is attached. A proposed city council resolution authorizing you, as city manager, to accept the grant and implement the provisions of the grant has been prepared and I would request that it be submitted to the city council for approval on August 31, 1999. If you have any questions in regard to the grant project or resolution, please contact Dean Johnson, Police Legal Advisor, who prepared the application for submission. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to apply for funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle accidents which often result in loss of life or personal injury; and WHEREAS, traffic safety enforcement and encouragement of safe driving habits ire significant goals of the Beaumont Police Department; and WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement in an amount not to exceed Thirty-Eight Thousand Four-Hundred and Eighty-Three ($38,483) Dollars pursuant to the project titled "Safe and Sober S.T.E.P.": NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont be, and is hereby, authorized to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P." and take such action as necessary to implement the project which has effective date of October 1, 1999 through September 30, 2000; and, Accept and disburse the federal reimbursement grant funding in the amount not to exceed Thirty-Eight Thousand Four-Hundred and Eighty-Three ($38,483) Dollars; and, Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "Safe and Sober S.T.E.P." project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - Texas Department of Transportation' rans p ortation • 8350 EASTEX FREEWAY•BEAUMONT,TX 77708•(409)892-7311 August 11, 1999 FY 2000 Traffic Safety Grant City of Beaumont Safe & Sober S.T.E.P. Stephen Bonczek City Manager City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Attention: Sat. Michael Earney Dear Mr. Bonczek: Your city has been approved for a traffic safety grant to conduct a Safe & Sober S.T.E.P. for the fiscal year 2000 which begins October 1, 1999. The budget for this grant is $38,483 from the Federal government, and requires a local match of $16,493. The agreement, budget, and required forms for this grant will be discussed at a meeting to be held here at the TxDOT District Office in Beaumont on Thursday, August 19'h, 1999, beginning at 9:00 a.m. P_lease have your proiect manager and proiect clerk for this grant, along with Sgt. Burt Moore, current DWI S.T.E P Project Manager, attend this meeting. If you have any questions prior to this meeting, please contact me here at (409)898-5719. 3S' erely, rgette . Pillitere Traffic Safety Specialist gmp enclosure c: Traffic Safety i Fiscal Year 2000 rexu Proposal.for Depa.vn of r. po.taent t;on Highway Safety Funding Form 1851(MV. 11/98) 9/94 A' 'T Project Title: SAFE AND SOBER S.T.E.P. Proposing Agency/Organization: CITY OF BEAUMONT Address: 255 College P.O. Box 3827 Beaumont, Tx. 77704 Contact Person: Michael Earney Title: Sergeant (Traffic Unit) Phone Number: (409) 880-3851 FAX Number: (409)- 880-3844 Internet Address: Project Period: From: 10/01/99 To: 09/30/2000 Project Year: lst (e.g.: Ise 2nd,3rd) Amount of Federal Funds Requested: FY200 0 : S 38,483 FY20U—1 : S 32,986 FY200 2 : $ 27,488 Attachments: A. Proposed Project Description with Action Plan B. Proposed Project Budget C. Supporting Documentation (optional—see proposal instructions) Authentication: FOR THE PROPOSING AGENCY Signature: Title: Cit Manager Date: January 14, 1999 TxDOT Use Only Date Stamp Received by: District/Division: Date Received: Page 1 of 10 Proposal for Highway Safety Funding Attachment A TxDOT Form 1851(rev. 11/98) 9/94 >, .: ,,,\; �,. �� TROJECTDES.... kb Tt?N ,....,. . For TaDOT Use: Project Title: Subgrantee/Contracting Agency: Authorization: This project will implement Task of - - of the FY Highway Safe Plan. I. PROBLEM IDENTIFICATION A. Problem Statement. Provide a statement of the nature and magnitude of the current traffic safety problem(s): SEE PAGE 3 B. Documentation of Data. Using current statistical data (cite source and date of the information), document the nature and magnitude of the traffic safety problem. Sufficient data must be provided to prove the problem is significant and should be addressed. SEE PAGE 3-5 Page 2 of_I_Q I. PROBLEM IDENTIFICATION A. PROBLEM STATEMENT Speeding is a major contributing factor to traffic crashes and resulting injuries and fatalities on all types of roadways within the City of Beaumont. Accident investigative records maintained by the traffic unit of the Beaumont Police Department reflect that speed was a contributing factor in 3,518 accidents during the three year period 1996-1998. 1994 DPS urban speeding accidents reflect a weighted ranking of 13.5 for the City of Beaumont. Numerous traffic studies have verified the effectiveness of seatbelts and child restraint devices in regard to preventing injury and death in traffic accidents. Statistical information obtained from the Texas Department of Public Safety based on their 1997 crash data indicates that statewide driver and right front seat passenger seat belt usage rate was 77.9%pursuant to a FY98 survey. During that same period, the state wide child safety seat usage rate was determined to be 67%. Surveys conducted by officers of Beaumont Police Department Traffic Unit reflect that the rate of usage of both seat belts and child safety seats in the City of Beaumont is considerably below the statistical averages as established by the Department of Public Safety. As set forth in the following sections, efforts must be made to increase the percentage of drivers in the city who utilize seatbelts and/or child safety seats. This grant application will facilitate enforcement related to both seatbelt and child restraint usage. Drivers operating motor vehicles under the influence of alcohol and/or drugs continues to be a significant factor in motor vehicle accidents. The number of accidents occurring in the City of Beaumont wherein alcohol and/or drugs have been determined to be contributing factor has increased over the past six years. From 1996 thru 1998, the number alcohol and/or drug related accidents in the city has been significant. Although the police department has embarked on a proactive program related to D. U. I. Enforcement, additional assistance through this grant is needed to be able to use officers to target select locations, days of the week, and times of the day when statistics indicate the problem is greatest. B. DOCUMENTATION DATA Speeding is a major contributing factor to traffic crashes and resulting injuries and fatalities on all types of roadways within the City of Beaumont. Accident investigative records maintained by the traffic unit of the Beaumont Police Department reflect as follows: of 10 1998 Total Accidents: 4,498 Speed Contributing Factor 1,159 0 1997 4,364 1,211 1996 4,318 1,148 The speed factor noted above would include speed-over limit, failure to control speed, speed- unsafe. Correspondingly, during that same three year period the Beaumont Police Department issued speeding citations, as reflected by Records of the Beaumont Municipal Court, as follows: 1996-6,545 citations 1997-4,954 citations 1998-6,801 citations S. T. E. P. SPEEDING VIOLATION SURVEYS In preparation for this application, the traffic enforcement unit of the Beaumont Police Department conducted several surveys using radar equipped vehicles to determine the rate of driver "violations" regarding non-compliance with posted or statutory speed requirements. In conducting this survey, any violation in excess of the posted or statutory speed limit was considered a violation. The surveys were conducted in January, 1999 on roads either heavily used or principle "travel ways" of drivers in the City of Beaumont. Those survey results reflect that out of 2,923 vehicles checked for speed, 2,504 were exceeding the posted or statutory speed limit. The rate of compliance was only 14.4%. Additional reviews of data maintained by the Beaumont Police Department in regard to accident locations were crossed checked to identify the "top 20" locations where speed was identified as a contributing factor. The sites for the speeding violation surveys were selected to reflect that data. Accident investigation data also reflected that Fridays are the principle day of the week in which speed is identified as a contributing factor in accidents. Statistical surveys also indicate the principle hours for accidents related to speed are from noon to 1:00 pm and from 4:00 pm to 6:00 pm. Statistical Studies by the Department of Public Safety pursuant to a FY 98 survey indicate that statewide driver and right front seat passenger seatbelt usage was at a compliance rate of 77.9%. State wide child safety seat usage compliance rate was 67%. In preparation of this application, officers assigned to the traffic unit of the Beaumont Police Department conducted surveys regarding occupation protection (use of seatbelt/child 4of10 restraint devices) at select sites or on select roadways in the city of Beaumont. The surveys were conducted both by officers at set locations and patrol officers in moving vehicles. The general occupant protection surveys conducted at the various locations included a total of 1, 191 vehicles. Of these observed vehicles, restraint violations were noted on the part of drivers of the vehicles in 43.7% of the observations (521 drivers). Additionally, of the vehicles observed, 25.3% (282) front passengers were observed in violation of restraint requirements and in 3% of the cases (37) children were observed in violation of passenger restraint requirements. Thus, in the 1,191 vehicles that were observed there were 840 "violations" of restraint requirements. In preparation for the submission of the grant application, officers assigned to the traffic unit conducted surveys by observing individuals arriving and departing at private day care facilities in the city. Although the observations were difficult to make to due the locations of the facilities on private property, of 78 vehicles the officers were able to clearly observe the occupants of, it was not noted that in 42% of the vehicles child occupants in the vehicles were not properly restrained. (Compliance rate of 58%) All traffic violations which would be classed as Class C Misdemeanors are filed and prosecuted in the Beaumont Municipal Court. Municipal Court Records were reviewed and reflect the following statistics in regard to cases filed in the court regarding driver/passenger restraint violations as follows: 1996 1997 1998 No Seat Belt/Driver 1,132 1,011 1,816 Unrestrained Child/24 66 43 45 Unrestrained Child/4-15 119 98 131 Accidents where in alcohol and/or drugs are identified as a contributing factor continue to be a significant problem, not only statewide but in the City of Beaumont. Records maintained by the Traffic Unit of the Beaumont Police Department identified 602 accidents in 1996, 623 in 1997 and 548 in 1998 where alcohol and/or drugs were identified as a contributing factor. Through an aggressive program of enforcement related to drivers who may be under the influence and/or drugs, the department has been able to achieve a reduction during 1998. This is in part due to not only assistance obtained through a highway safety grant but also through the commitment of added resources by the department upgrading equipment and departmental overtime in the area D. U. I. Enforcement. Departmental statistics also indicate Friday as the principle day during which alcohol related accidents occur followed by Thursday. 5of10 Proposal for Highway Safety Funding Attachment A TxDOT Form 1851(rev. 11/98) 9194 , H. PROJECT PLAN A. Problem Solution. The proposed solution should describe the scope of work and activities to be performed to address the traffic safety problem as defined in the problem statement. SEE PAGE 7,8 B. Objective. The objective indicates the specific purpose of the project. To C'om uct a _safe/sober pro jitct Beaumont by Sept . 30, 2000 (conduct,develop,implement,etc.) (type of progtatttiproject) (location) (date) C. Performance Goals. State the goals as they relate to the objective. Goals should follow the SMART principle—Specific,Measurable,Action-oriented, Realistic, and Time framed. SEE PAGE 8 ,9 D. Performance Indicators. List the performance indicators that will be used to measure and evaluate project progress throughout the grant period. SEE PAGE 9,10 E. Action Plan. Specify project p fy the p ro�' activities and time frames by completing Form 1852s. Page 6 of 10 II. PROJECT PLAN A. PROBLEM SOLUTION Traffic enforcement is a function of all Patrol Officers of the department. Additionally, the Beaumont Police Department has established a Traffic Unit within the Field Operations Division. This unit is not only involved in general traffic enforcement but also is responsible for the investigation of all major accidents and the preparation of investigative files related to those accidents for submission to the District Attorney's office. During the year of 1998, approximately 4,498 accidents were investigated by officers of this department, with all major accidents being investigated by officers from the traffic unit. The department is active in providing specialized training for officers in the traffic unit including, but not limited to advanced accident investigation, accident reconstruction, DUI enforcement, Drug recognition enforcement, etc. As a part of the department's implementation of video cameras in patrol vehicles, the department arranged for three officers to be trained as instructors regarding the use of mobile video units and in service training is being provided to all patrol and traffic officers. The Deputy Chief of Police (Field Operations) has assigned a Lieutenant (part-time), Sergeant (full- time), nine patrol officers (full-time) and one patrol officer who works in traffic and also serves as bailiff for the Municipal Court to the traffic unit. MOBILE VIDEO PROGRAM In 1996 the Beaumont Police Department, through the support and encouragement of the City Council, instituted an aggressive program directed towards acquiring mobile video cameras for placement in patrol cars. Since the program was instituted in 1996, the city has purchased 51 mobile video units which have been placed into marked patrol cars, including all cars assigned to the traffic unit. Additionally, two mobile units were purchased for equipping the two motorcycles assigned to the traffic unit. The purchase of these video units has exceeded a cost of$200,000 for the cameras. Additional costs have been incurred for supplies including video tapes, tape duplicators, monitors, etc. Although there has been "resistance" on the part of some patrol officers to the implementation and use of the mobile video cameras, the cameras have proven extremely beneficial in traffic enforcement activities, especially in the area of DWI enforcement. The acceptance and use of the video tapes is strongly endorsed by the Criminal District Attorney's Office for Jefferson County. RADAR ENFORCEMENT EQUIPMENT The Beaumont Police Department has also been active in securing and installing radar units to assist in traffic speed enforcement. During the past year, the department has secured five 7of10 new radar units for use principally by the traffic enforcement unit. Both motorcycles used by the traffic unit are also equipped with hand held radars which provides flexibility to officers assigned to motorcycle units in traffic enforcement. This grant application seeks assistance to provided added enforcement in the areas of(1) speed control, (2) seatbelt/child restraint child enforcement, and (3) enforcement of statutes related to drivers operating under the influence of alcohol and/or drugs. Personnel assigned to this grant project will be officers with extensive experience in traffic enforcement and in the recognition of drivers operating under the influence of alcohol and/or drugs. The department will assign to those officers vehicles equipped with in car video units and, wherever possible, radar units. In some locations, the two motorcycles assigned to the traffic unit will be principally used. Those motorcycles are also equipped with radar and mobile video units. Officers will be assigned to work locations, days, and times of the day based on statistical surveys conducted by the supervisor of the traffic unit as to both current accident occurrence data and surveys conducted related to speed and/or restraint violations. The officers will be utilized in "time blocks" ranging from two to four hours, depending on the targeted enforcement. As an example, a significant rate of non compliance in the use of seatbelts and child restrain devices was noted at several day care facilities where surveys were conducted. To enhance the effectiveness of enforcement, officers would be utilized on roads near those facilities during the periods when children are delivered to or picked up at the facilities. Enforcement of speeding would be likewise directed toward times which would produce the most significant impact on the motoring public to encourage compliance. The times, dates, and locations would be adjusted on a periodic basis based on ongoing analysis of accident investigation data and motorist compliance information related to traffic enforcement activities by the supervisors assigned to the grant. Additionally, through the department's safety education program, a program would be instituted whereby departmental personnel would be assigned to contact management/supervisory personnel at day care centers and provide educational/traffic safety materials setting forth the requirements in regard to child restraint devices for distribution to individuals the �ft{'e rlM'! `n— no�.For 1 1 0+ -11 o •n would also be strongly encouraged to speak with parents using their facilities to emphasize the importance of the use of child restrain devices. Although this safety education program would be designed to have a significant impact on the purpose of this grant, the safety education activities would be principly conducted by officers of the Police Community Relations section of the department and would not be activities funded through this grant. Likewise, the police Community Relations office would prepare and distribute "press releases" and/or"spot announcements" for use by the print, radio, and tv media. These releases would not only acquaint the public with this grant project but would seek to "encourage" compliant by the motoring public through educational awareness. 8of10 C. Performance Goals (1) To increase the rate of compliance by drivers and front seat passengers in regard to seatbelt usage by 10% based on the occupant protection surveys conducted pursuant to this grant application and noted herein. (2)To increase the rate of compliance related to the usage of child safety seats by 20% pursuant to the surveys which were conducted and submitted as a part of this grant application. (3) To increase the rate of compliance in regard to speed statutes by 10% based on the speed violation surveys conducted as a part of the research for this grant project and noted herein. (4) To decrease by 5% the number of accidents wherein speed is listed as the principle contributing factor based on a 1998 base line of 1,159 accidents wherein speed was identified as the significant contributing factor. (5) To decrease the number of accidents wherein alcohol and/or drugs are identified as the principle contributing factor by 10% from a 1998 base line of 548 as set forth in this application. (6) The date to achieve the goals set out above would be September 30, 2000. Note: No goals were stated related to set numbers for increases in regard to citations. It is the position of the department that the goals should be accident reduction or compliance with statutes. The issuance of traffic citations or arrests are merely a means of encouraging compliance as is safety education. It is, however, anticipated that, based on the enforcement activities of officers involved in the project the number of citations/arrests issued or made for offenses such as speeding, disregarding occupant protection requirements, or operating under the influence alcohol/drugs will increase. That increase will be measurable based on the statistics set forth in this application. D. PERFORMANCE INDICATORS The "performance indicators" that will be used to measure the attainment of the goals set forth herein will include but not be limited to the following: (1) Accident statistics wherein speed is indicated as a significant factor. (2) Accident statistics wherein alcohol and/or drugs are indicated as a significant factor. 9 of 10 APPROVED PROJECT BUDGET SAFE AND SOBER S.T.E.P. (Title of Project) CITY OF BEAUMONT (I`Jame of Subgrantee) (Round figures to nearest$) Local/ Federal State Funds Funds TOTAL - BUDGET CATEGORY I - LABOR COSTS: 100 Salaries Hourly wage rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy, and salary rate. A. ENFORCEMENT(overtime) 1. Officers: 1456 hours. $ 31,626 $ 13,554 $ 45,180 @a 31.03 per hour= $ 45,180 2. Sergeants: 124 hours 3,058 1,311 4,369 35.23 per hour= $ 4,369 -� 3. Lieutenants: hours @ per hour= $ B. PI & E ACTIVITIES (overtime) $ $ $ (not to exceed 10%of (100) Salaries.) hours @ per hour:= $ C. OTHER SALARIES $ 3,799 $ 1,628 $ 5,427 (i.e., overtime staff and supervisory support) (not to exceed 10% of total grant amount.) Type, #hours, rate: Clerk 156 hrs @ 12.98/hr (1,432) (613) (2,045) Sgt. Supervisor 96 hrs. @ 35.23/hr (2,367 ) (1,015) (3,382) TOTAL (100) SALARIES $ 38,483 $ 16,493 Enforc=ent9198 Ra¢e 1 nf I Local/ Federal State Funds Funds Total (200) Fringe Benefits A. Rate: (if not included in hourly rate) B. Other Salaries: TOTAL (200) FRINGE BENEFITS $ o $ 0 $ 0 (300)Travel and Per Diem Mileage (documentation of rate is required prior to reimbursement), airfare, car rental, per diem, etc. Reimbursements will be based in accordance with Subgrantee's travel policy not to exceed state rates. TOTAL (300) TRAVEL & PER DIEM $ 0 $ 0 $ 0 TOTAL LABOR COSTS $ 38 .483 $16,493 $ 54 ,976 BUDGET CATEGORY II - OTHER DIRECT COSTS: (400) Eguipment (specify type/quantity) $ N/A $ $ (500) Supplies $ N/A $ $ (Postage, printing & office supplies, etc.) (700) Other Miscellaneous (specify) A. SUBGRANTEE VEHICLE MILEAGE $ $ $ Rates used only for budget estimate. Reimbursement will be made according to the approved Subgrantee's average cost per mile to operate patrol vehicles, not to exceed the state rate. Documentation of cost per mile is required prior to reimbursement. miles_per mile For match Only: miles @ per mile: $ N/A $ $ (amount above approved state rate) Enforcement9/98 Page 2 of 3 Local/ . Federal State Funds Funds Total B. REGISTRATION FEES $ $ $_ (training, workshops, conferences, etc.) C. PUBLIC INFORMATION AND EDUCATION (PI&E) MATERIALS (up to 5% of grant amount) 1. Educational items = $ (example: brochures, bumper stickers, posters, flyers) 2. Promotional items = $ (example: key chains, magnets, pencils, pens, mugs) TOTAL PI&E $ $ $ TOTAL (700) OTHER MISCELLANEOUS $ $ $ TOTAL OTHER DIRECT COSTS $ 0 $ 0 $ 0 SUMMARY: TOTAL LABOR COSTS $ '32 0 488 $16 .493 $54 , 976 TOTAL OTHER DIRECT COSTS $ $ $_ GRAND TOTAL $ $ $ Fund Sources: Federal Funds ( 70 '/o) Local Funds $38 ,483 + $ 16 ,493 - TOTAL$ 54 ,976 EnforcemenL9/98 Page 3 of 3 RESOLUTION_ NO. - WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to apply for funding to assist in highway safety enforcement; and WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle accidents which often result in loss of life or personal injury; and WHEREAS, traffic safety enforcement and encouragement of safe driving habits is a significant goal of the Beaumont Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont be and is hereby authorized to execute all documents necessary to: Apply to the Texas Department of Transportation for funding available through that Department to enhance the ability of the Beaumont Police Department to provide highway safety and education programs beneficial to the citizens of Beaumont; and Accept and disperse any grant funding approved by the Texas Department of Transportation; and Take such other actions as may be necessary and appropriate to implement the purpose and operations of any highway safety grant projects and funds made available to the City through gh the Texas Department of Transportation. PASSED BY THE CITY COUNCIL of the City of Beaumont this the LL2L day of January, 1999. - Mayor- - 2 - L .lf VOW City of Beaumont..W Council Agenda Item EL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 24, 1999 REQUESTED ACTION: Council consider payment of an invoice for demolition of a structure located at 1060 Washington Boulevard RECOMMENDATION Administration recommends the payment of an invoice in the amount of$20,415 to C & C Demo, Inc. for the demolition and removal of the structure located at 1060 Washington Boulevard. BACKGROUND City Council passed an ordinance on April 27, 1999 ordering the demolition and removal of a structure located at 1060 Washington Boulevard. The structure, a former church located on the corner of Washington Boulevard and Neches Street, is classified as a public building. Prior to its demolition, an environmental survey was conducted to determine the presence of asbestos containing materials. On August 9, 1999, the roof of the structure collapsed. Following the roof collapse, the exterior walls were left leaning outward and also in danger of collasping. The City's Building Official declared the building to be a hazard to the public and in a state of emergency. State statutes provide for the exemption of competitive formal bids when an expenditure is required to preserve or protect the public health or safety of the municipality's residents. Four local demolition/asbestos abatement contractors were contacted for quotes. The contractors met at the site on Friday, August 13, to discuss the demolition and abatement of the structure and the work schedule. In addition, the Texas Department of Health was notified and the ten day waiting period was waived due to the hazardous condition of the structure. Emergency Demolition of Structure - 1060 Washington Boulevard August 24, 1999 Page 2 Four bids were received informally on Monday, August 16, 1999, for the immediate demolition and removal of the structure located at 1060 Washington Boulevard. The bids received are as follow: Contractor Location Price C & C Demo, Inc. Orange, TX $20,415 CST Environmental, Inc. Houston, TX $24,200 Basic Industries, Inc. Nederland, TX $28,149 Superior Abatement, Inc. Groves, TX $34,450 Due to the structure's dilapidated condition, abatement of the materials will be done in accordance with the National Emission Standard for Hazardous Air Pollutants (NESHAP). The regulations allow regulated removal of the asbestos containing materials during the demolition process. The asbestos materials will be contained and disposed of as a hazardous waste. The demolition of the church building began August 18 and will be completed by August 31,1999. BUDGETARY IMPACT Funding is available for the demolition of this structure through Community Development Block Grant funds. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny a resolution authorizing the payment of an invoice to C & C Demo, Inc. in the amount $20,415 for the demolition and asbestos abatement of the structure located at 1060 Washington Boulevard. BARBARA LIMING CITY CLERK W moo CITY CLERK'S OFFICE ON of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 31, 1999 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call * Presentations and Recognition Distinguished Budget Presentation Award Presentation from Convention and Visitor's Bureau * Public Comment: Persons may speak on scheduled agenda items 6-13 * Consent Agenda GENERAL BUSINESS 1. PUBLIC HEARING: FY 2000 Operating Budget 2. PUBLIC HEARING: 2000 Capital Program 3. PUBLIC HEARING: FY 2000 Property Tax Rate 4. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located at 8325 Walker Road 5. Consider a request for a specific use permit to allow an early childhood development center (preschool) in an RCR (Residential Conservation and ! Revitalization) District and an LI (Light Industrial) District located at 790 Forsythe 6. Consider approving a contract for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit j 7. Consider approving a contract for improvements to the Beaumont Yacht Club 8. Consider a one year pilot project to provide emergency medical services to the community by a private ambulance company 9. Consider approving the purchase of 60 laptop computers for use in the Police Department 10. Consider approving the acquisition of property for the Southend Branch Library Consider additional funding for the Art Museum of Southeast Texas 12. Consider an ordinance establishing a Municipal Court Technology Fund and i _providing for the assessment and collection of a technology fee a 13. Consider funding for the Partnership of Southeast Texas t 14. Consider a request for a specific use permit to allow a package store in an NC (Neighborhood Commercial) District located at 3290 Highland Avenue 1,15. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders COMMENTS * Councilmembers comment on various matters * City Manager's Report * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Settlement offer with Texas Department of Health relating to asbestos surveys City of Beaumont v. Heath Vaughn Enterprises, Inc. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. � 1 August 31, 1999 PUBLIC HEARING: FY 2000 Operating Budget 2 August 31, 1999 PUBLIC HEARING: 2000 Capital Program • 3 August 31, 1999 PUBLIC HEARING: FY 2000 Property Tax Rate • ! 4 August 31, 1999 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located at 8325 Walker Road City of Beaumont •r• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Director MEETING DATE: August 24, 1999 AGENDA MEMO DATE: August 18, 1999 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District. RECOMMENDATION The administration recommends approval of the zone change from RS to RM-M for a 19.747 acre tract of land located at 8325 Walker Road. BACKGROUND The Praise Christian Center owns 19.747 acres upon which is located a church sanctuary and church classroom buildings. Ten acres of the property are vacant. The church would like to build ten single story duplex units for senior citizens. These units would house individuals who are over 55 years of age and can care for themselves but do not wish the upkeep and maintenance of their own home. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held August 16, 1999, the Planning Commission voted 8-0 to approve the zone change from RS to RM-M. SUBSEQUENT ACTION None RECOMMENDED BY: Planning Commission, City Manager and Planning Director RECOMMENDED MOTION: Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for 8325 Walker Road. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Bein g Tax Roll Tracts 61-T, 61-B and 61-N, Plat RS-5, D. Easley Survey, Abs 20, Beaumont,Jefferson County,Texas, containing a total of 19.747 acres of land, more or less. G, EUE 1462-Z: Request for u zone change from RS to RM-H (Residential Multi-Family NORTH -High Density) district: Tracts 61-T9 61-B and 61-N,Plat RS-59 D. Easley Survey A Location: 8325 Walker Road Applicant: Reggie Uoyd, Sr.,Pastor,Praise Christian Center SCALE _ N.T.S. • N I A-R vd It• 14♦ 70 r = u z It n r t• a V pf s Ht It KM N 0 I7 a s al m r u °-pl To too to r: N r M A a•= - r � n r 1� 1 O WW� p N t 2 i SPA" 2 SUBJECT - • � � r Q • O • O • s — W Z Q O 3 Q • t > I I `A G p�� • n Qa s PUD ! 5 August 31, 1999 Consider a request for a specific use permit to allow an early childhood development center (preschool) in an RCR (Residential Conservation and Revitalization) District and an LI (Light Industrial) District located at 790 Forsythe City of Beaumont A L. f ~ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Director :MEETING DATE: August 24, 1999 AGENDA MEMO DATE: August 18, 1999 REQUESTED ACTION: Council consider a request for a specific use permit to allow an early childhood development center (pre-school) in a RCR (Residential Conservation and Revitalization) District and a LI (Light Industrial) District. RECOMMENDATION The administration recommends approval of the specific use permit to allow a early childhood development center (pre-school) at 790 Forsythe. BACKGROUND St. Anthony Cathedral wishes to open an early childhood development center in an existing brick commercial building. The building contains 3,000 sq. ft. The church plans a 300 sq. ft. addition to the southeast corner of the building. Staff parking will be in existing parking lots and student pickup will be from existing driveways. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held August 16, 1999, the Planning Commission voted 8-0 to approve the specific use permit to allow the early childhood development center at 790 Forsythe. SUBSEQUENT ACTION None RECOMMENDED BY: Planning Commission, City Manager and Planning Director RECOMMENDED MOTION: Approve/Deny a request for a specific use permit to allow an early childhood development center (pre-school) at 790 Forsythe and which is zoned RCR(Residential Conservation and Revitalization) District and LI (Light Industrial) District. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west `/2 of Lot 5, 6, south 10' of Lot 7 and the south 10' of the west %z of Lot 8, Block 16, Van Wormer Addition, Beaumont, Jefferson County, Texas, containing 0.275 acres, more or less, being a 75' x 160' tract. � 146orp., Request for a:pecif'K use permit to allow a childhood center in an area NoxTH zoned RCR(Residential Conservation Revitaiization� \- Location: 790 Forsythe Applicant: Saint Anthony Cathedral SCALE P-200' AA /y�✓� +1 / %9 6 4b 446, WP • t 0 to Y' � 7 t i F" •Ay op Q f ° lep 0 '�� JPG� gyp' os• s 30'3 •° ,iP '�° •� • s , s `• w' 1 Nam NSA UI 1 1 � �i Vier R t ` \ MANN" r or AS51 o � � Yg7 IL E1114C plc 1 IV 1 w e W, JEFFERSON STREET SrTl.PLAN JEFFERSON STRS PRELIMINARY OLS 1410-F .� s 6 August 31, 1999 Consider approving a contract for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 17, 1999 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman, Inc., for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman Inc., for engineering services associated with the City's NPDES Storm Water Permit. BACKGROUND In 1990, Congress passed the Clean Water Act (CWA) which, with subsequent amendments, established the National Pollution Discharge Elimination System. NPDES requires cities having populations greater than 100,000 people to obtain a permit to discharge storm water collected by the city's storm sewer system into "public waters." In compliance with the provisions of this legislation the City of Beaumont and Jefferson County Drainage District No. 6 (DD#6), applied for and, effective October 1, 1998, were issued by USEPA, a permit for the discharge of storm water to the Neches River and Hillebrandt Bayou. The NPDES Storm Water permit requires the City to monitor the quality of storm water discharges and to report the findings annually to USEPA Region 6 in Dallas. The permit also requires the implementation of Best Management Practices (BMP's) designed to reduce the maximum extent practicable pollutants borne in storm water collected by the City's storm sewer system. Accomplishing of these goals will require: 1) extensive field collection and laboratory Page 1 of 3 evaluation of storm water sampling data; 2) creation of various databases to track and evaluate the effectiveness of the many BMP's required by the permit; 3) training City field personnel to recognize and properly report various environmental conditions affecting water quality; 4) qualification and quantification of data in an effort to evaluate the effectiveness of individual and collective BMP's; 5) the compilation of data required by USEPA and; 6) the preparation of annual and interim reports to USEPA and Texas Natural Resource Conservation Commission (TNRCC). Public Works/Engineering has limited staff assignable to the accomplishment of the work required by the NPDES Storm Water Permit and has determined that the services of a professional engineering group will be needed to augment the efforts of City personnel. The Engineering group will assist in: 1) the preparation of BMP guidance documents and training workshop materials; 2) the preparation of reports; 3) the formulation of local Ordinances which may be required for the proper implementation of the BMP program and; 4) to lend a national presence to the City's interface with USEPA. Total expenditure for the first 12 months is estimated not to exceed $265,880. During the presentation of above information to City Council on June 29, several questions were raised regarding future permit costs, the qualifications of the sub-consultant, and estimated cost to do the work in-house. The first year costs associated with meeting the requirements of the permit are estimated at $265,000. Costs for years two through five of the permit are estimated at $132,000 per year. The engineering firm used to prepare the original permit application for the City and DD#6 was Woodward-Clyde. The firm of Carroll and Blackman served as the sub-consultant. In 1998, Woodward-Clyde and URS Greiner merged and formed the company of URS Greiner Woodward Clyde (URSGWC). This is the company proposed to be the sub-consultant on the project. Carroll and Blackman will serve as the lead engineering firm on the project. In addition to the City of Beaumont, either Woodward-Clyde or URSGWC has assisted the cities of El Paso, Texas; Jackson, Mississippi; Los Angeles, California; Scottsdale, Arizona; Bellevue, Washington; Portland, Oregon; Salt Lake County, Utah; and Cedarburg, Wisconsin in obtaining or meeting the requirements of their NPDES Permit. They have also performed work for US EPA in the areas of urban and coastal runoff and provided support for final rule making on storm water discharge permit applications. To conduct storm water sampling in-house would require, due to the wide spread locations of the sampling sites, two crews with two employees each and a coordinator to oversee their activities. The estimated cost for these five employees with benefits is approximately $130,000 annually. Additionally, the annual costs for vehicles, laboratory testing, monitoring of BMP implementation and reporting, report generation, education programs and sampling, measuring and testing equipment supplies is estimated at $108,500. The estimated total in-house cost to meet the permit requirements is $238,500. Page 2 of 3 BUDGETARY IMPACT The contract agreement with Carroll and Blackman, Inc., will increase Fiscal Year 2000 General Fund expenditures by $230,000. It is estimated that the remaining $35,000 will be expended during this fiscal year. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman, Inc., for engineering services associated with the City's NPDES permit. Page 3 of 3 7 August 31, 1999 Consider approving a contract for improvements to the Beaumont Yacht Club City of Beaumont �• Council Agenda Item � - � TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 25, 1999 REQUESTED ACTION: Council consider awarding a construction contract to Bo-Mac Contractors, Inc. for improvements to the Beaumont Yacht Club. RECOMMENDATION Administration recommends awarding a construction contract for improvements to the Beaumont Yacht Club to Bo-Mac Contractors, Inc. in the amount of approximately $962,897. BACKGROUND On September 22, 1998, City Council approved a new Management and Concession Agreement with the Beaumont Yacht Club (BYC) for operating a marina on approximately 30 acres of city owned riverfront property north of Interstate 10 Highway. The new agreement was required to facilitate requested improvements of the city marina for BYC. The improvements requested by BYC were as follow: 1. Installation of sheet piling retaining walls along the Neches River, docking areas and entry cut, 2. Replace east dock-side walkway and docking area, 3. Replace west dock-side walkway and docking area, 4. Replace 24 wet storage stalls, and 5. Construct 20 new dry storage stalls. The total estimated cost to complete the proposed improvements was $850,000. This sum included engineering fees and cost contingencies for unforeseen expenses. All fees and construction costs were to be financed by the city and repaid by BYC from operating revenues over a 15-year term. Sealed bids were received Monday, August 2, 1999 for furnishing all supervision, labor, materials, equipment and bonding for the construction of the marina improvements listed above, except for the construction of the 20 dry storage stalls. During the design phase, it was determined that the dry storage facility could not be constructed within the proposed budget. A copy of the bid tabulation detailing the bids received is attached for your review. Due to the nature of the work involved and in an effort to secure the lowest construction costs, the project bid was divided into two contracts. Contract No. 1 was for the installation of sheet piling, with an alternate for dredging 3,000 cubic yards of material from the marina's entrance channel. Contract No. 2 provided for the demolition and replacement of the east dock-side walkway, the west dock-side walkway, and wet stalls. It also included an alternate for additional roadway and parking improvements to serve the wet stalls, and a segregated pricing schedule for electrical work related to a service riser furnishing power to the west dock and wet stalls. Bo-Mac Contractors, Inc., submitted the lowest bid for both Contract No. 1 and No. 2 of the proposed improvements. The total amount bid for both contracts is as follows: F stallation of sheet piling $ 286,865 cavation of entrance channel (Alternate) (1) $ 9,000 Fueling / east dock and walkway $ 89,851 West dock and walkway $ 118,319 Wet stalls 1 - 24 $ 338,515 E,aated ed pricing schedule for electrical $ 73,957 e Riser No. 1 parking improvements (Alternate) $ 33,790 crete for dock stabilization (2) $ 12,600 uction No $ 962,897 Note: (1)Estimated quantity of 3,000 cubic yards at$3/CY. (2)Estimated quantity of 200 cubic yards at$63/CY. Based on the bids received from Bo-Mac, the total estimated cost to complete the project, including engineering fees and survey costs, is $1,041,000. This is approximately $191,000 above the original construction estimate. BYC has requested that the bid be awarded as listed above and that the additional costs be financed in conjunction with the initial $850,000. The management agreement provides for BYC to repay all project costs and annual interest calculated at 1% above the 90-day Treasury Bill yield over a 15-year term. The financing interest rate is recalculated annually. According to Bo-Mac Contractors, Inc., more than 95% of the work will be completed with company employees. They will comply with the city's Minority Business Utilization Commitment by having a company Affirmative Action Plan and furnishing such plan to the city. BUDGETARYIMPACT Funding for the project is available in the General Improvements Fund. The total project cost, and annual interest 1% above the 90-day Treasury Bill yield, will be repaid by BYC over a 15- year term. PREVIOUS ACTION Council approved a Management and Concessions Agreement with the Beaumont Yacht Club on September 22, 1998. Also, Council approved the selection of Fittz & Shipman, Inc. as the consulting engineer for project design and construction management services on December 8, 1998. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Central Services Director RECOMMENDED MOTION Approve/Deny awarding bids for Contract No. 1 and Contract No. 2 to Bo-Mac Contractors, Inc. for improvements to the Beaumont Yacht Club in the lump sum amount of$941,297 and a unit cost of $3/CY for excavated material from the entrance channel and $63/CY for installation of flowable concrete for a total estimated construction cost of$962,897. .i i I ' I• I i j I )y, - pi PC .w I� a f� � E• �/ eD I R ). pi ps lip K O ate, t I 5 j a a� s 4 SITE PLAN SHEET PILE BULKHEAD BEAUMONT YACHT CLUB AND CROSS SECTIONS PROPOSED IMPROVEMENTS TO F rM & SHIPMA6N——.- WET STALLS 1-24, VISITORS . s PIERS, AND RIVER BANK Fueling/ Exhibit"B" East Dock Replacement =ww* 1. M""T to""a MM 41 . . • off J , . � �Y (' � ��`� tom......» �`• w a a. 1 via ' OMIN 1., i >� x. -• x�!5 I r - TVP. POIDO COlCM1t WE l7OK T p^ S � mrwwo w rw► ww�s a a ��i W ! r��wrwtR a•r� ear.�e uLr ow�sr u.rwMac w..r�.,� �ioc awewia wwA rr«w •e0�i�y�i�rrr/wr•►rna Jw�we/�y�*�io n ia�rt f17i M � r-r Y/Orl etO[IOwR MoL w01r ret O� �� .n w MrO f�M le war 11M AODiIIY erwwa wU10f , omm a•. r {ee111w1 M WI<bJMO ewaww AIrA A i wnwews M t wrrrw. •.. mnw aux •rt1R A www r0. Ilgrt[A ww�ry Mrf w I< +®��wra< war nw../iLw pry M/Olwle OMw101O1 R rO1wt tp MflfAM IID. Exhibit"C" West Dock Replacement I, a 0 ! ° MLI M7t �1N IOI 10 'Ajj era •�L MMMMR e e MOM� If N ma N 1s MILL Ry "`•.•. - •� ..gym _ i .F :F i •Oa1M7R�OVAL<WWWOR pa NM--Ij�,1b�111� A ��, Q lYU^'M�111R � � Y FAAMO 0i�m as iwl a 4 � � < � a a�b In UL O�a°wwu°wiir )T Ad ® f7f�LW�/ACILA� :.aanw aun wesa,.o,aaua ' I y,,vw..ro amwm cw r.v �1 a.ovD K a. Mr a+,u+n+na MMC MMp7 Cl � s � Exhibit "D" Wet Stalls 1 - 24 Replacement AN MLT TO NAVAAL Ow" Ing 1 u 1 ! N 1 i 1 is I MgrmLt ' I >b in J , ��/qqp ♦A/MBW�PMR MMI f If 34 M �vj p rro rw eo m .w ,3r r. w u,non. .c.o K ui �.orwa aw �®naa.m a.noc M PAOCAN M0.4 0 0 BEAUMONT YACHT CLUB -CONTRACT NO. 1 (CONSTRUCTION OF SHEET PILING BULKHEAD) BID OPENING DATE: MONDAY, AUGUST 2, 1999 @ 2 PM BID NUMBER: BF0799-61 Vendor Bo-Mac Contractors Galveston Bay Construction Inc Mid-Gulf Industrial City/ State Beaumont/TX Stowell/TX Houston/TX Contact Dan R Brown And L Thornton Sr. Don W Pa e Total Materials Cost- Lump Sum $121,709.00 $153,473.18 $127,560.00 T otal Services Cost- Lump Sum $165,156.00 $168,500.00 $245,925.00 Total Base Contract Price -Lump Sum $286,865.00 $321,973.18 $373,485.00 Iternate Bid Item No. 1 $3.00 $8.98 $13.00 Excavation of the entrance channel into the marina (per cubic yard) Alternate Bid Item No. 2 inyl sheet piling in lieu of metal No Bid $311,122.44 $474,747.00 (ARBED PU-6) vinyl sheet piling shall be Geoguard 500 or equal. (lump sum price) 851 60 200 Com letion Time calendar days) BEAUMONT YACHT CLUB -CONTRACT NO. 2 (CONSTRUCTION OF THE FUELING AND EAST DOCK, WEST DOCK AND WET STALLS 1 - 24) BID OPENING DATE: MONDAY, AUGUST 2, 1999 @ 2 PM BID NUMBER: BF0799-62 Vendor Bo-Mac Contractors Mid-Gulf Industrial City / State Beaumont/TX Houston /TX Contact Dan R Brown Don W Page Bid Pkg No. 2 -Fueling and East Temporary Dock $23,048.00 $21,340.00 Subtotal Materials Cost - Lump Sum Subtotal Services Cost - Lump Sum $66,803.00 $120,060.00 Subtotal Contract Price - Lump Sum $89,851.00 $141,400.00 Bid Pkg No. 3 -West Dock Subtotal Materials Cost - Lump Sum $39,202.00 $32,217.00 Subtotal Services Cost - Lump Sum $79,117.00 $136,783.00 $118,319.00 $169,000.00 Subtotal Contract Price - Lump Sum Shall include flowable concrete 2,000 psi - pea gravel mix $63.00 $66.00 (price per cubic yard) Bid Pkg No. 4 -Wet Stalls 1 - 24 Subtotal Materials Cost - Lump Sum $43,171.00 $160,846.00 $295,344.00 $408,654.00 Subtotal Services Cost - Lump Sum Subtotal Contract Price - Lump Sum $338,515.00 $569,500.00 Alternate No. 1 $33,790.00 $40,000.00 Roadway and Parking Improvements (lump sum) Summary of Bid Packages Total Materials Cost- Lump Sum $105,421.00 $214,403.00 $441,264.00 $665,497.00 Total Services Cost- Lump Sum otal Contract Price - Lump Sum $546,685.00 $879,900.00 Segregated Pricing Schedule for Electrical Work at Service Riser No. 1 $10,853.00 $11,500.00 Pkg A - Electrical Pricing for West Dock and Wet Stalls 1 - 24 $48,317.00 $50,000.00 Pkg B - Electrical Pricing for Wet Stalls 1 - 24 only $14,787.00 $15,500.00 Pkg C - Electrical Pricing for West Dock only inni 260 Com letion Time calendar days) 0 8 August 31, 1999 Consider a one year pilot project to provide emergency medical services to the community by a private ambulance company City of Beaumont . Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 25, 1999 REQUESTED ACTION: Consider a one year pilot project to provide emergency medical services to the community by a private ambulance company. RECOMMENDATION Administration recommends approval to allow for the development of a Request for Proposal to be disseminated to interested parties to bid on a contract to establish a one year pilot project that would allow for the provision of EMS services by a private ambulance company. The unit would be staffed by an EMT and paramedic. A paramedic supervisor employed by the private ambulance company will also respond as needed. The results of the pilot project would be evaluated after one year for effectiveness in service delivery to determine whether the project would be continued or expanded. BACKGROUND In October 1998, the City of Beaumont was faced with the announcement of the withdrawal of a contract by American Medical Response that provided EMS coverage to two areas of the community. At that time, management and staff explored various options to resolve the situation and finally decided to replace, through city funds, one of the two ambulances that had been removed as a result of the contract withdrawal. This replacement is located at 6490 Calder, leaving the void in the north end of the community. Overall, response times clearly indicate that the major concern is in this (north end) area. As a result, increasing response times demonstrate the need to acquire additional ambulance coverage. Since the inception of the city's 9-1-1 ambulance service, the department has utilized private • ambulance companies to respond to rollover calls. (Those calls that the city cannot respond to because all units are committed to other calls). From August to December 1998, the city used Council Agenda Item Page 2 August 24, 1999 private ambulance companies 37 times. By 1999, that number increased to 127. To date, there have been no formal complaints regarding their use and/or service. These systems are often staffed with a paramedic and EMT. Currently responding to most of these rollover calls are Goldstar Ambulance Company, and Rural Metro. Other local ambulance companies also provide assistance when requested to do so. Attached is a proposed Request for Proposal to solicit a private ambulance company to provide an additional EMS unit for the north end of the community. BUDGETARY IMPACT None PREVIOUS ACTION On August 10, 1999, council was presented with information concerning four alternatives that address the need to provide additional emergency medical services to the north end of the city. Each alternative provided information regarding advantages and disadvantages to the system as well as cost impact. SUBSEQUENT ACTION Review the final selection and approve a contract with a private ambulance company from the submitted request for proposals. RECOMMENDED BY City Manager, Executive Assistant to the City Manager and Public Health Director RECOMMENDED MOTION Approve/deny the administrative recommendation to implement a request for proposal process for private ambulance service for the north end of Beaumont as a pilot project. 9 August 31, 1999 Consider approving the purchase of 60 laptop computers for use in the Police Department Be . Cit y of Beaumont Council A enda Item Mz EL g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 19, 1999 REQUESTED ACTION: Council consider a bid award for the purchase of sixty (60) laptop computers. RECOMMENDATION Administration recommends the purchase of sixty (60) laptop computers for the Management Information Systems Division (MIS) from Tangent Computers in the amount of$106,920. BACKGROUND The laptops will be issued to patrol officers for recording information at crime and accident scenes. The State of Texas Cooperative Purchasing Program offers the Catalogue Purchasing Program for the purchase of high technology items. A list of Qualified Information Systems Vendors (QISV) is provided by the State for the procurement of high technology goods such as personal computers, software and telecommunications systems. Vendors must offer a published catalog or an Internet site describing their products and prices. Local entities may contact a minimum of three vendors for furnishing specified products that meet the entities needs. In addition to price, the award of the bid may be based on criteria such as technical support,expansion and upgrading, and compatibility with existing systems. Five (5) QISV companies were contacted and prices were requested for a minimum 233 Megahertz (MHz) processor, 4 Gigabyte (GB) Hard Drive, 64 Megabyte (MB) Random Access Memory (RAM) laptop with a lithium battery power supply, and one year warranty. Four (4) vendors submitted prices for four different manufacturer's laptops meeting all specifications. A bid tabulation is attached. Purchase of Laptop Computers August 19, 1999 Page 2 BUDGETARY IMPACT Funds for the purchase of these laptops will be provided through the Local Law Enforcement Block Grant. PREVIOUS ACTION On April 13, 1999, Council approved the purchase of 101 laptop computers from MPAQ Information Services, Inc. through the State of Texas Qualified Information Systems Vendor program at a cost of$1,430 each for a total of$144,430. MPAQ Information Services Inc. provided forty-one (41) laptop computers within a four (4) month period. MPAQ has not delivered the remaining sixty (60) laptops and is currently in default of the contract. Repeated attempts by mail and phone to determine the status of the order have failed, therefore, quotes were requested for the balance of this order. Files will be forwarded to the City's legal staff for review and possible litigation. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny the purchase of sixty (60) laptop computers from Tangent Computer at a cost of $1,782 each, totaling $106,920. Purchase of Laptop Computers August 19, 1999 Page 3 BID TABULATION FOR LAPTOP COMPUTERS BID OPENING DATE: AUGUST 13, 1999 BID NUMBER: QISV FAX BID 900 QISV VENDORS BRAND QTY UNIT PRICE TOTAL PRICE Tangent Computer Burlingame, CA Tangent 60 $ 1,782.00 $ 106.920.00 Gateway Computer Kansas City, MO Gateway 60 $ 1,856.00 $ 111,360.00 Compusa Wesbster, TX Compusa 60 $ 1,875.15 $ 112,509.00 C & I Computer Nederland, TX Gateway 60 $ 2,281.00 $ 136,860.00 C & I Computer — Nederland, TX Compaq 60 $ 2,385.00 $ 143,100.00 • 10 August 31, 1999 Consider approving the acquisition of property for the Southend Branch Library City of Beaumont 'r Council Agenda Item A : • RL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 18, 1999 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property for the south end branch library. RECOMMENDATION Administration recommends authorization to acquire a tract of land approximately five acres in size out of Tracts 8-A and 9-A of the McFaddin Trust Partition and being a part of that certain 15.3697 acre tract in the J.W. Bullock League, located at State Highway 124 (Fannett Road) and Sarah Street. BACKGROUND The owner of the property listed below has agreed to convey a portion of its property to the City of Beaumont for the construction of the proposed south end branch library. Owner: Bar-C Ranch Company, a Texas Corporation Negotiated Value $17,000 per acre The property was appraised by Robert O. Grote and Laurie Hall Leister of Hall & Hall Real Estate. The appraised value was $19,500 per acre. The property owner has agreed to sell the tract of land to the City for the negotiated value of$17,000 per acre. BUDGETARY IMPACT This property is funded under the Community Development Block Grant Program. Page 1 of 2 PREVIOUS ACTION By Resoluation R99-68 passed March 2, 1999, Council approved the 1999 HUD Consolidated Grant Program funding the acquisition and architectural design of the south end branch library. By Resolution R99-226 passed on August 10, 1999, Council approved the allocation of Section 108 funds for the proposed library. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, Central Services Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acquisition of property for the south end library. Page 2 of 2 3UBJECT PROPO3ED PROPERTY ACOU131TION FOR PROCTO WAV R Y a THE 3OUTH END ��E J Es MOREL ND J J Li BRANCH LIBRARY S° A ST. JA 4ES ° caa W GLENIJ OD W EDMON� EP AN APPROXIMATE 6 ACRE ds Q A H W LMIRA TRACT OF LAND o J A OUT OF THE e a J.W. BULLOCK LEAGUE 96 SARAH 69 BEN R POSE wopc E W Z OWNER: c'wD)NgL o BAR—C RANCH COMPANY DRI�f — Z Z o 3 la Q W J Q O W LEGEND LOCATION MAP 3UBJECT PROPERTY N.T.S. 'n r� .. N.T.S. i .. . :. �: <dAl►AN . S�IMbrtr � � 11 August 31, 1999 Consider additional funding for the Art Museum of Southeast Texas Council Agenda Item • City of Beaumont TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 24, 1999 REQUESTED ACTION: Consider additional funding in the amount of$40,000 for the Art Museum of Southeast Texas. RECOMMENDATION The Administration recommended funding the Art Museum of Southeast Texas in the amount of$215,000 in the proposed FY 2000 Budget. The Art Museum of Southeast Texas requested funding in FY 2000 in the amount of $225,000 which is $40,000 greater than the $185,000 the Art Museum received in FY 1999. The Administration recommended $215,000 or an additional $30,000 in FY 2000 with the Art Museum raising the additional $10,000 requested from other sources. Councilmember Lulu Smith is requesting that the City Council approve funding in the amount of$40,000 for the Art Museum from the FY 1999 Budget. The $40,000 could be an unencumbered appropriation from the Hotel Occupancy Tax Fund's fund balance. If Council approves funding in the amount of$40,000 for the Art Museum of Southeast Texas in FY 1999, the Administration recommends funding in the amount of$185,000 in FY 2000. BACKGROUND The City of Beaumont and the Art Museum of Southeast Texas entered into a lease agreement on December 30, 1986 whereby the City of Beaumont (Landlord) and the Art Museum of Southeast Texas (Tenant) agreed to a 99-year lease on the land and building to be used as an art museum. The City of Beaumont supports the Art Museum with annual allocations, assistance with grounds keeping and garbage removal. In return, the Art Museum 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. A letter from the former Executive Director of the Art Museum is attached for your review. The current Art Museum budget is approximately $715,000, down from a high of$815,000 in FY 1993. As a result of revenues not keeping up with rising operational costs, the Art Museum has incurred debt in the amount of$40,000. The $40,000 being requested from the City by the Art Museum would allow for the debt to be paid off in FY 1999. BUDGETARY IMPACT The projected fund balance in the Hotel Occupancy Tax Fund at the end of FY 1999 is $206,000. An unencumbered appropriation of $40,000 would leave a projected fund balance of$166,000. PREVIOUS ACTION In FY 1999, the City Council approved funding for the Art Museum of Southeast Texas in the amount of$185,000. SUBSEQUENT ACTION Council will consider a funding level for the Art Museum of Southeast Texas in FY 2000. RECOMMENDED BY City Manager and Executive Assistant to the City Manager RECOMMENDED MOTION Approve/Deny funding in the amount of$40,000 to eliminate debt of the Art Museum of Southeast Texas using an unencumbered appropriation from the Hotel Occupancy Tax Fund. ART MUSEUM OF SOUTHEAST TEAS July 6, 1999 1 Mr. Stephen Bonczek, City Manager ; City of Beaumont Room 300, City Hall Beaumont, TX 77701 Dear Mr. B onczek: It was a pleasure meeting you in church and at the July 4`h celebration. Welcome to Beaumont. When you get settled into your position, I invite you to visit the Art Museum and have lunch with me at our Cafe. I would love to show you our fine facility. In accordance with the contract between City and the Art Museum (revised 1996), I am writing to officially request that funding in the amount of$225,000 be allocated to support the operations and programs of the Art Museum of Southeast Texas for fiscal 1999-2000. Attachments are included for you to begin the review process. Please advise me of additional procedures I may take to follow through on this request. Since the construction of the Art Museum in downtown Beaumont, the City of Beaumont has generously supported the Museum with yearly allocations, assistance with grounds keeping, garbage removal and most recently the cleaning and repair to the exterior of the building. The Art Museum is greatly appreciative for the City's support, and such confidence shown by the City is an integral part of the success of the institution. The Art Museum strives to provide programs and services to the entire community. Close to 60,000 children and adults participate in Museum activities each year (see attached lists of programs and audience statistics). Perhaps as many as 20% are visitors to the Beaumont area. Our exhibition schedule offers people the opportunity to see nationally touring art exhibitions. Also exhibitions, organized by AMSET, are toured regionally and nationally, like the Oil Patch Dreams exhibition, which received national press attention. Exhibitions focus on subjects of interest to the area's diverse population, like the current Latin American painting exhibition or the upcoming Jazz Age in Paris (April 2000). The Museum offers free family activity days that attract hundreds and sometimes thousands of people to downtown Beaumont, like the recent 100,000-lb. ice sculpture project. Programs also target our at-risk youth. Art After School is a latch key- type program with two inner-city schools. The new computer lab with filtered Internet access provides those without home computers or those not on the net free access to those important educational services. Other programs serve BISD and Region V schools. Our Mission is to provide education,inspiration and creative vision to the people of our region through our collections,exhibitions,public programs and outreach in the visual arts. Art Museum of Southeast Texas • 500 Main Street • P.O.Box 3703 •Beaumont,TX 77704 • (409)832-3432 •Fax(409)832-8508 Collaboration with other arts and social service agencies allows the Museum to serve many community needs. Museum staff continues to be involved in the community from traveling to schools and community centers to teach to serving on committees for the Chamber of Commerce. The Museum and its activities remain free of charge to everyone. Maintaining quality programs and general operations is costly. The current Museum budget is about $715,000 per year, down from a high of$815,000 in fiscal 1992-93. Despite diligent fundraising efforts from local businesses, foundations (and recently non- local foundations) and individuals, which successfully support our programs and exhibitions, we are having difficulty meeting our rising operational costs and have incurred debt which has increased over the last few years to about $40,000. We are on budget this year but have not been able to pay off our previous debt and are now robbing Peter to pay Paul to keep one step ahead of our creditors. The Museum is currently competing with major projects like the renovation of the Jefferson Theatre and the Spindletop 2001 Celebration for funding dollars. The Museum Board and staff recognize their role in incurring this loss and have taken steps to see to a more positive financial future for the Art Museum. These steps include 1. A re-organization of the Board of Trustees 2. The formation of a 30-member Advisory Board made up of people from different communities in the area. This Board will help better promote the Museum in the community. 3. A new strategic plan based on the successful turn-around scenario of Continental Airlines. This includes (a.) eliminating some exhibitions and programs that are not cost/audience effective (decrease operations budget) (b.) developing exhibits and programs that have broad-based appeal (c.) greater promotion of existing programs and services to the entire community (d.) creating a new development strategy to increase funding from a variety of sources both in and outside the area (e.) developing a Membership Campaign to increase membership revenues (£) doing more collaborative programming with other organizations (g.) generating additional earned income through a facilities rental program (current earned income is 6% of annual budget) I am confident that if the City can assist us with such an appropriation to pay off our debt, the above plan will keep us from future problems. Without assistance, an already limited staff will need to be further trimmed, and our programs and services to the community will most likely suffer. I look forward to speaking with you and City Council about our contribution to the community, our financial needs and finding a solution that will benefit all involved. Sin ely, J ffr J xecutiv it r 12 August 31, 1999 Consider an ordinance establishing a Municipal Court Technology Fund and providing for the assessment and collection of a technology fee ORDINANCE NO. • ENTITLED AN ORDINANCE ESTABLISHING A MUNICIPAL COURT TECHNOLOGY FUND AND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A FOUR ($4) DOLLAR MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY AND PROVIDING FOR REPEAL. Section 1. WHEREAS, Article 102.0172 of the Texas Code of Criminal Procedures provides for the establishment of a Municipal Court Technology Fund; and, WHEREAS, a Four ($4) Dollar technology fee shall be collected to provide monies for such fund; NOW, THEREFORE, BE IT ORDAINED BY THE i CITY COUNCIL OF THE CITY OF BEAUMONT Section 2. THAT there is hereby established a Municipal Court Technology Fund, the money from which may only be used for the purposes outlined in Article 102.0172 of the Code of Criminal Procedure to provide technological enhancements of Municipal Court. Section 3. The Clerk of the Municipal Court shall collect a Four ($4) Dollar technology fee from each person convicted of a misdemeanor offense in Municipal Court as a cost-of-court from and after the effective date of this Ordinance. This fee shall be deposited into the Municipal Court Technology Fund. For purposes of collection of this technology fee a person is considered convicted if a sentence is imposed on the person, the person receives community supervision including deferred adjudication or the court defers final disposition of the case. Section 4. The City Manager be and he is hereby authorized to expend monies from the fund in accordance with the ordinances of the City of Beaumont and laws of the State of Texas. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Section 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of , 1999. - Mayor - City of Beaumont = Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lolita Ramos, Municipal Court Administrator MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 26, 1999 REQUESTED ACTION: Council to consider an ordinance establishing a Municipal Court Technology Fund and providing for the assessment and collection of a $4 municipal court technology fee. RECOMMENDATION Administration recommends adoption of the ordinance providing for the collection of a $4 municipal court technology fee, which is estimated to generate approximately $240,000 annually for technological enhancements of municipal court. BACKGROUND The 76th Legislature passed Senate Bill 601, with an effective date of August 31, 1999 and an expiration date of September 1, 2005, which amends the Texas Code of Criminal Procedure to provide for the creation of the Municipal Court Technology Fund. The legislature created the fund at the urging of the Texas Municipal Court Clerks Association and the Texas Court Clerks Association. Realizing the budgetary constraints experienced by Texas cities, the Legislature directed that Article 102.0172 C.C.P. is amended to allow for the creation of a clearly defined fund meant to generate dollars specifically for the development and implementation of technological advances for the municipal courts of Texas. The legislation provides that defendants convicted of a misdemeanor may be required to pay a fee not to exceed $4 as a municipal court cost. The municipal court clerk is directed to collect the the period of ownership by such successors-in-interest of the Landlord. ARTICLE XI Section 11.01 Miscellaneous Provisions This Lease shall be of no force and effect until duly executed by authorized representatives of both parties and delivered in fully executed form to each party. Tenant shall store and promptly and property dispose of any waste oil, antifreeze or gasolines in an environmentally safe manner and shall not cause any pollution or nuisance about the premises. ARTICLE XII Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for lease payments due under this Lease, Tenant will immediately notify Landlord in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Tenant. EXECUTED in multiple counterparts, each of which shall be deemed an original. LANDLORD TENANT Bar C Ranch Company City of Beaumont Texas Southeast Texas Auto Theft Task Force By: By: W. E. Wilson, Jr., President Stephen J. Bonczek, City Manager D M City of Beaumont •� Council Agenda Item c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 19, 1999 REQUESTED ACTION: Council consider a bid award for the purchase of one (1) road marking machine. RECOMMENDATION Administration recommends award of a bid for the purchase of one (1) road marking machine to Trantex, Inc., located in Houston, Texas, in the amount of $32,880. BACKGROUND The road marking machine specified in the bid is to be used by the Public Works Department, Transportation Division, for the application of traffic marking paint to road surfaces. The unit will include a video guidance and monitoring system which assists the driver in maintaining a straight path, enhancing the consistency of straight traffic lines. The machine is replacing a 1989 Saf-T-Mark paint striper, unit number 4302. Replacement is contemplated due to the machine's age and wear, and the improved operator safety afforded by current models. Specifications for the equipment bid by Trantex, Inc. have been reviewed by Fleet Management Division personnel and meet City requirements as set forth in the bid. Delivery time is 30 days from the date of order, and the equipment is warranted for a period of one (1) year. Warranty service shall be performed by Trantex, Inc. at the Houston location. Thirty-three (33) vendors were notified of the bid, with two (2) bids received. 0 Purchase of One (1) Road Marking Machine August 19, 1999 Page 2 BUDGETARY IMPACT The bid provides for the vendor to furnish one (1) road marking machine at a total cost of $32,880. Funds are available for this expenditure in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny a resolution accepting a bid for the purchase of one (1) Graco Road Lazer Model 231-572 road marking machine from Trantex, Inc. in the amount of$32,880. Bid Tabulation for Purchase of One (1) Road Marking Machine Bid Number: BF0599-55 Bid Opening Date: August 2, 1999 Vendor Model Bid Delivery Time Bid Amount Trantex, Inc. Graco Road Lazer 30 days $32,880 Houston, Texas Model 231-572 EZ-Liner EZ-Liner 45-60 days $41,290 Orange City, Iowa Model AL 120-EZ E City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 23, 1999 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of Parcel 24 of the Walden Road Improvement Project. RECOMMENDATION The owner of the property listed below has agreed to convey the property for the right of way for the Walden Road Improvement Project. Parcel 24: 0.1647 acre of land out of the Samuel Stivers League, Abstract 51 (5195 Shelly Drive) Appraised Value $19,729 (Partial Taking) Appraiser: Bishop Real Estate Appraisers, Inc. Owner: Southwestern Bell Telephone Company Administration recommends authorization to acquire the property. BACKGROUND Construction is under contract for the improvements to Walden Road from FM 364 (Major Drive) to Interstate Highway 10. Council authorized the extension of the contract to include the section from Interstate Highway 10 to State Highway 124 (Fannett Road) on July 13, 1999. BUDGETARY IMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION Four parcels which have been acquired were approved by Council in January, March and July, 1999. SUBSEQUENT ACTION Two offers are pending on the section from FM 364 (Major Drive) to Interstate Highway. 10. One owner has accepted the appraised value on the section from Interstate 10 to State Highway 124 (Fannett Road). RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acquisition of Parcel 24 of the Walden Road Improvement Project. 0 0 SUBJECT P{ WALDEN ROAD IMPROVEMENT 1p PROJECT } PARCEL 241 i FPNNE�s 0.1647 ACRE OF LAND OUT OF THE SAMUEL 3TIVER3 LEAGUE, ABSTRACT 61 (6166 SHELLY DRIVE) o a � a J O r 2 2 � A �: U OWNER: 9R'fV " E r W F R D V SOUTHWESTERN BELL TELEPHONE COMPANY LEGEND LOCATION MAP N.T.S. C� SUBJECT PROPERTY §iw MON. WISRM sr � 44 •T„101� 1.797 ACRE TRACT �• Alice Cashes, teme sole, N.T.S. to Southwestern Bell Telephone CompftnY v p Volume 1224 Page 97 b D.R.J.C. / MR CL FDKE y >ff 4/P f—t— uoo R/CM f 73' SET Cl i .4wsri�r 131-0 »wo POW ON MOST Yzn=Y sw" YB C09. •6-►�RCELN Cit y of Beaumont 7LJ-1:J Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 23, 1999 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of Parcel 60 of the Concord Road Improvement Project. RECOMMENDATION The owner of the property listed below has agreed to convey the property for the right of way of the Concord Road Improvement Project. Parcel 60: 0.002 acre out of Lot 1 of the Bodin Subdivision in the A. Williams Survey, Abstract 385 (3435 Concord Road) Appraised Value $400 (Partial Taking) Appraiser: Bishop Real Estate Appraisers, Inc. Owner: Gerald A. Upshaw, Jr. Administration recommends authorization to acquire this property. BACKGROUND The property is in Phase H of the Concord Road Project. There are 53 parcels in this section, of which the City owns five of these parcels. Appraisals have been completed on 44 of the 48 parcels to be acquired. BUDGETARY IMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION Thirty-three parcels have been acquired since June 1998. Authorization for eminent domain has been approved for one parcel. SUBSEQUENT ACTION Five offers are pending and four owners have accepted the appraised value for their property. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acquisition of Parcel 60 of the Concord Road Improvement Project. i SUBJECT CONCORD ROAD y LFiLL ❑ IMPROVEMENTS PROJECT ti N 9�0�so�9 W IE c > rC J H HA A W H Q m N LY my PROP03ED Q o 9 W Z 0 HAY go RIGHT—OF—WAY �`� � � Q z HYB J UT1 ACOUISITION ' ° ° TOLE PARCEL NO. 60 6N K ��i y LEIGH DA VW D O c^ TAFT IVES ASHVOOD cm 0.002 ACRE H NAPLEV RI1d"R Z EARL OUT OF LOTS 1 ' N.BODIN ADDITION Q W T „ ° �T > POPE (PARTIAL TAKING) DOG f9C TU JTULA T AANE, RL AC a: �. s 9� ark . WILLO O D ROIINE W OWNER: z BEA G.A. UP3HAW JR. notm �, PJ unnn LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY Pop x 14'Mw x CO*,—�9fj M. 11f PIE� `` '/\♦Oj� a '� eslr 18 x l f 1 6 , \ -p0 OIL s¢M ' \q0 x pra if v I' swartf r SCALE:1"-30' f SINGLE STORY :A N.T.S. / BUILDDING } ' � f PROPOSED R.O.W. -c / NOTE: BUILDING CORNER IS 0.5' ILO / OUTSIDE PROPOSED R.O.W. If /S ii f� LOT 1 N / D/ METAL BUWNG f' e 0 /H I /: •\�X09. 01 COMSTOCK ADDITION ` 0 V J.C.A.R. s� ex wslw v.!7J Pg.2N �=A AGPAW G i City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Mark Horelica, Transportation Administrator MEETING DATE: August 24, 1999 AGENDA MEMO DATE: August 13, 1999 REQUESTED ACTION: Council consider entering into a lease agreement with Enron Communication for the placement of fiber optic cable in the public right-of-way. RECOMMENDATION Administration recommends approval of a lease agreement between Enron Communications, Inc. and the City of Beaumont for the placement of fiber optic cable in the public right-of-way. BACKGROUND The majority of Enron's cable routing within the City is confined to either railroad or state owned right-of-ways. Seven (7) companies are presently leasing public owned right-of-way from the City. The increasing demand for long distance or Internet service providers has resulted in an increased rate of license requests in the last two (2) years. Rates are scheduled for review on or before January 1, 2001 and every 10 years thereafter. BUDGETARY IMPACT Enron Communications, Inc. will pay the City of Beaumont an initial application fee of$500 and an annual fee of$1.20 per linear foot per year. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Public Works Director and Transportation Administrator RECOMMENDED MOTION: Approve/Deny a lease agreement between Enron Communications, Inc. and the City of Beaumont for the placement of fiber optic cable in the public right-of-way. PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Enron Communications,Inc. desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of Beaumont that Enron Communications,Inc. must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with Enron Communications, Inc.; and, NOW, THEREFOR; The City of Beaumont, hereinafter called"City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with Enron Communications, Inc. that Enron Communications, Inc. may lay, maintain, operate, replace or remove a fiber optic communication system (the"system") for the transportation of long distance communications in, on, under or across the streets, alleyways and easements set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out herein and subject to the following conditions: (a) The system shall be installed in such a manner as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Enron Communications, Inc. or Enron Communications, Inc. contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at a depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas Department of 1 • Transportation, if applicable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent drainage ditch, when crossing or placed in said ditch. Enron Communications, Inc. will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Ten Dollars ($10)plus Five Dollars ($5) for each day of construction. © The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City,nor with sanitary sewer lines, water lines, or other facilities. (d) All excavations within the right-of-way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right-of--way. (e) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and Enron Communications, Inc. shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (fJ The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (g) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of the system. (h) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right-of-way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation on property which is not owned by the City of Beaumont. (1) Barricades, warning signs, lights, and flagmen will be provided and installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition)by Enron Communications,Inc. contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. Enron Communications, Inc. or its contractor will provide supervision of the work which is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Enron Communications, Inc. or its contractor of 2 additional barricades, warning signs and lights or flagmen as be necessary. In the event Enron Communications, Inc. or its contractor does not comply with the barricading standards,the City Engineer may order Enron Communications,Inc. and its contractor to stop work; but only until compliance is achieved. (j) City reserves the right to lay and to permit to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Enron Communications, Inc. for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Enron Communications,Inc. rights to recover damages against any contractor or third party who may be responsible for damages to Enron Communications, Inc. facilities. (k) If the City requires Enron Communications, Inc. to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City, Enron Communications, Inc. shall make the alterations or changes as soon as practicable when ordered in writing by the City,without claim for reimbursement or damages against the City at no additional charge to Enron Communications, Inc.. If these requirements impose a financial hardship on Enron Communications, Inc., Enron Communications, Inc. shall have the right to present alternative proposals for the City's consideration. If the City requires Enron Communications,Inc.to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right- of-way,Enron Communications,Inc. shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse Enron Communications, Inc. for any loss and expense which will be caused by or arise out of such removal,alteration,change, adaptation or conformance of Enron Communications, Inc. facilities;provided, however, the City shall never be liable for such reimbursements. (1) Enron Communications, Inc. shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Enron Communications, Inc., except to the extent arising from the sole negligence, or wanton conduct or gross negligence of the City of Beaumont,its employees or agents. Neither party shall be liable to the other for any consequential, special, or indirect damages hereunder. 3 (m) If the system or any part thereof installed by Enron Communications, Inc. shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Enron Communications, Inc. shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage is occasioned by Enron Communications, Inc. or wanton conduct or gross negligence. However, nothing contained in this paragraph shall prevent Enron Communications,Inc. from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (n) Recovery by Enron Communications, Inc. for damages that occur to Enron Communications, Inc. facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by Enron Communications, Inc.. (o) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such maintenance and operation shall be at Enron Communications, Inc. expense. Such damages shall be limited to actual damages and no loss of revenue damages. (p) Enron Communications, Inc. contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has Sin force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten (10) days written advance notice to the City. (q) Enron Communications, Inc. shall make payment to the City of Beaumont as follows: • initial agreement fee of$500, payable upon execution of this agreement; • annual fee of$1.20 per linear foot in the City right-of-way which sums shall be payable January 1, 1999 and each year thereafter. Said parties shall confer and negotiate in good faith on a new rate on or before January 31, 2001, to become effective January 1, 2002 and shall confer and negotiate on a rate in the year 2011 and every ten (10) years thereafter. • inspection, engineering and other costs during the period of initial construction in the amount of$2000.00,payable upon receipt of invoice. (r) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Enron Communications, Inc. (except as provided in Paragraph k) 4 shall be reimbursed to City by Enron Communications, Inc. upon written request therefor, which shall include evidence of such costs. (s) Enron Communications, Inc. agrees that it shall mark the location of its system within forty-eight (48) hours after receipt of notification of proposed construction. Enron Communications, Inc. maintain a toll-free telephone number to be called for location of the system. Should Enron Communications, Inc. fail to locate the system for the City within forty-eight (48) hours of request duly acknowledged, Enron Communications, Inc. shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice,Enron Communications, Inc. audio tape of telephone messages shall provide proof of notification which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to Enron Communications, Inc. . (t) Enron Communications, Inc., at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided by the City within sixty (60) days after completion of the project. The City shall give Enron Communications, Inc. written notice of any violation of this agreement. If Enron Communications, Inc. fails to correct such violation within sixty (60) days of such notice, this agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Enron Communications, Inc. PO Box 3827 210 SW Morrison Street, Suite 400 Beaumont, Texas 77704 Portland, OR 97024 NOTICE PURSUANT TO PARAGRAPH"S" SHALL BE GIVEN AS FOLLOW: Toll-free Telephone Number: 5 0 The above-stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by Enron Communications, Inc. after the date of this agreement shall be construed as evidence of Enron Communications, Inc. acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. IN WITNESS WHEREOF, the City of Beaumont, Texas,has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of 19_. THE CITY OF BEAUMONT By: Stephen Bonczek, City Manager ATTEST: City Clerk Enron Communications, Inc. By: Title: ATTEST: 6 EXHIBIT "A" Enron Communications, Inc. (Exact Distance Will Be Determined When Route Map Is Complete) STREET LINEAR FEET 7 H ilCity of Beaumont 7J-!J- Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 23, 1999 REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute a deed conveying property to the Statewide Consolidated Community Development Corporation, Inc. for the Neighborhood Revitalization Project. RECOMMENDATION The property listed below needs to be conveyed to the Statewide Consolidated Community Development Corporation, Inc. for the construction of new homes. Lots 10 and 11, Block 20 of the Cartwright Addition 1820 and 1830 Corley Street The administration recommends the execution of a deed conveying above property to Statewide Consolidated Community Development Corporation, Inc. BACKGROUND As part of the Neighborhood Revitalization Project, lots are being acquired in various locations throughout the city to provide decent, safe and sanitary housing for low and moderate income families. BUDGETARY IMPACT None . PREVIOUS ACTION The City acquired the property listed above in the name of the City of Beaumont from Emma Wilridge Lee, Elsie B. Martens, Solomon Lee, Jr., Lester Lee, Sr., Rickette Lee, and Barbara Ann Lewis. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and City Engineer. 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'•1.1.1.1.1.1.11.1.1.1.1.1.1.1.1.11.1.1.1'1.1.1.1.1.1.1.1.1.1.1.1.11.1.1.1.1.1'1'111.1• •111111.111.11.1 1111111.1111.111111111.1111111• 1.1•iiiiii•�'ii:i:::::��1��1,1.1.1.1..1.1��1•••/••11 111•.1 CityBeaumont of Council Agenda Item•• TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 19, 1999 REQUESTED ACTION: Council approval of a resolution authorizing the acceptance of a water line easement. RECOMMENDATION Han-Beau, L.P. has conveyed a ten foot wide Water Line Easement to the City of Beaumont on their property described as being out of Tract H A of the replat of the Ferguson Development Park Subdivision. Administration recommends acceptance of the easement. BACKGROUND The Hampton Inn is being constructed on this site. The 1997 Standard Fire Code, Chapter 6, Section 603.17.2 requires each sprinkler or standpipe system be located not more than 100 feet from the nearest fire hydrant connection. This easement will allow the owners to be in compliance with the code. BUDGETARY IMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION: Approve/Deny approval of a resolution authorizing the acceptance of a Water Line Easement. 0 SUBJECT WATER LINE EASEMENT d �a 1 L ti TRACT II A OF THE REPLAT OF THE FEROU30N DEVELOPMENT o J F PARK 3UBDIV13ION OWNER= ` HAN—BEAU, L.P. a �� LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY 8 �I as el INSERT e�Y NI y� i P�r"wow" MoMpw asp �l = s.n-r •e r.Ge - ^..^.. •�•• :-- CLEARWATER COURT .. 61* 7•. .Y.1.31.!0'• — ~) • . •j4dii, I fill N.T.S. SEE 1 N S E R T � ,,� �c wtioA.wT PaercTa N.T.S. �[ule�iwr Pore I sa —M^"=X-MA x UNC 10°0 8 all - b 7 Sw.lwu& --OUAL -T-- Tam �. ,00.00• ,� oa, r+�cT s■ 1 � I HAMPTON-INN 1 .. , aE mDtiwT ptioM 1 0 $'PA%13*XT� . ■ FOUND S/d' "n"r v-a� an . - omp leo6 1iY0RANT ■8-Vl�tr6C1[► Cot ly of Beaumont IL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 18, 1999 REQUESTED ACTION: Council consider a resolution requesting a change in signatories for the Workers' Compensation Account # 5007019284 at Hibernia National Bank. RECOMMENDATION The administration requests approval of the addition of Paulo Garcia, Kevin Glidwell and Lanell Garcia as authorized signatories on the above listed account. It is also requested that Mary Morris be deleted as signatory on the account. Signatories on all other City of Beaumont accounts for banking or investment purposes shall remain unchanged. BACKGROUND Ward Strategic Claims Solutions/Willis Rollinson, Inc. is the administrator for the City's Workers' Compensation Claims. Claims are paid from City of Beaumont account#5007019284 at Hibernia National Bank. Both Ward employees and City employees are authorized to sign on the account. Michael Hamilton, Sydney Post, Judy Ventrca, Diana Rollinson and Mary Morris are Ward employees who are currently authorized as signatories on the account. Stephen J. Bonczek, Beverly Hodges, Kandy Daniel, and Kyle Hayes are the City employees currently authorized as signatories on the account. BUDGETARY IMPACT None. PREVIOUS ACTION Diana Rollinson was added as authorized signatory on this account effective September 10, 1996. SUBSEQUENT ACTION None. RECOMMENDED BY: Finance Officer and City Manager. RECOMMENDED MOTION Approve/Deny resolution adding Paulo Garcia, Kevin Glidwell and Lanell Garcia and deleting Mary Morris as authorized signatories on City of Beaumont Workers' Compensation Account#5007019284 at Hibernia National Bank. K UP. Cat y of Beaumont Council A enda Item ,. ■c g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Scofield, Chief of Police MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 26, 1999 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P.": RECONnIENDATION Administration recommends authorizing City Manager to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P.": BACKGROUND In January, 1999, the City Council passed a resolution authorizing the City to apply for matching funding for a "Safe and Sober S.T.E.P." grant project. The total cost of the project would be Fifty-Four Thousand Nine-Hundred and Seventy-Six ($54,976) Dollars with grant funding paying 70%($38,483) and the City paying the 30% match ($16,493). The funds are for salary (overtime) and City's match would be from the police budget. BUDGETARY IMPACT City would fund 30% ($16,493) of the grant from the police budget. PREVIOUS ACTION Resolution 99-6 authorized the City to apply for the grant project. SUBSEQUENT ACTION None TO: City Council MEETING DATE: August 31, 1999 FROM: Stephen J. Bonczek, City Manager AGENDA MEMO DATE:August 26, 1999 RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P." • INTER-OFFICE MEMORANDUM City of Beaumont,Texas Police Department Date: August 25, 1999 To: Stephen J. Bonczek,City Manag�err,1 From: Tom Scofield,Chief of Police Subject: Safe and Sober S. T. E. P. Grant v COMMENTS In January, 1999, the city submitted a grant application to the Texas Department of Transportation requesting funding for a project titled Safe and Sober S. T. E. P. The funding sought was for labor costs associated with the project with a total anticipated cost of fifty four thousand, nine hundred seventy six dollars ($54,976.00). Of that total cost, 70% ($38, 483.00) was to come from federal funds and local funds would furnish 30% ($16,493.00) as a match. The objective of the grant application was to provide salaries for officers to work overtime in regard to speeding violations, seatbelt violations, and driving under the influence of alcohol violations. I have attached certain pages from the grant application for your review. In addition to the funding for Fiscal Year 2000, the grant application also sought funding for the succeeding two years, Fiscal Year 2001 in the amount $32,986 and Fiscal Year 2002 in the amount of $27,488.00. Representatives of the Texas Department of Transportation have indicated that we have an excellent chance of second and third year funding approval. The federal match would diminish from 70 to 60 to 50% while the city's match would rise from 30 to 40 to 50%. On or about August 11, 1999, we received information from the Texas Department of Transportation that our grant application had been approved for Fiscal Year 2000. A copy of that notice is attached. A proposed city council resolution authorizing you, as city manager, to accept the grant and implement the provisions of the grant has been prepared and I would request that it be submitted to the city council for approval on August 31, 1999. If you have any questions in regard to the grant project or resolution, please contact Dean Johnson, Police Legal Advisor, who prepared the application for submission. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to apply for funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle accidents which often result in loss of life or personal injury; and WHEREAS, traffic safety enforcement and encouragement of safe driving habits ire significant goals of the Beaumont Police Department; and WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement in an amount not to exceed Thirty-Eight Thousand Four-Hundred and Eighty-Three ($38,483) Dollars pursuant to the project titled "Safe and Sober S.T.E.P.": NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont be, and is hereby, authorized to execute all documents necessary to accept the project titled "Safe and Sober S.T.E.P." and take such action as necessary to implement the project which has effective date of October 1, 1999 through September 30, 2000; and, Accept and disburse the federal reimbursement grant funding in the amount not to exceed Thirty-Eight Thousand Four-Hundred and Eighty-Three ($38,483) Dollars; and, Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "Safe and Sober S.T.E.P." project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - Texas Department of Transportation' rans p ortation • 8350 EASTEX FREEWAY•BEAUMONT,TX 77708•(409)892-7311 August 11, 1999 FY 2000 Traffic Safety Grant City of Beaumont Safe & Sober S.T.E.P. Stephen Bonczek City Manager City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Attention: Sat. Michael Earney Dear Mr. Bonczek: Your city has been approved for a traffic safety grant to conduct a Safe & Sober S.T.E.P. for the fiscal year 2000 which begins October 1, 1999. The budget for this grant is $38,483 from the Federal government, and requires a local match of $16,493. The agreement, budget, and required forms for this grant will be discussed at a meeting to be held here at the TxDOT District Office in Beaumont on Thursday, August 19'h, 1999, beginning at 9:00 a.m. P_lease have your proiect manager and proiect clerk for this grant, along with Sgt. Burt Moore, current DWI S.T.E P Project Manager, attend this meeting. If you have any questions prior to this meeting, please contact me here at (409)898-5719. 3S' erely, rgette . Pillitere Traffic Safety Specialist gmp enclosure c: Traffic Safety i Fiscal Year 2000 rexu Proposal.for Depa.vn of r. po.taent t;on Highway Safety Funding Form 1851(MV. 11/98) 9/94 A' 'T Project Title: SAFE AND SOBER S.T.E.P. Proposing Agency/Organization: CITY OF BEAUMONT Address: 255 College P.O. Box 3827 Beaumont, Tx. 77704 Contact Person: Michael Earney Title: Sergeant (Traffic Unit) Phone Number: (409) 880-3851 FAX Number: (409)- 880-3844 Internet Address: Project Period: From: 10/01/99 To: 09/30/2000 Project Year: lst (e.g.: Ise 2nd,3rd) Amount of Federal Funds Requested: FY200 0 : S 38,483 FY20U—1 : S 32,986 FY200 2 : $ 27,488 Attachments: A. Proposed Project Description with Action Plan B. Proposed Project Budget C. Supporting Documentation (optional—see proposal instructions) Authentication: FOR THE PROPOSING AGENCY Signature: Title: Cit Manager Date: January 14, 1999 TxDOT Use Only Date Stamp Received by: District/Division: Date Received: Page 1 of 10 Proposal for Highway Safety Funding Attachment A TxDOT Form 1851(rev. 11/98) 9/94 >, .: ,,,\; �,. �� TROJECTDES.... kb Tt?N ,....,. . For TaDOT Use: Project Title: Subgrantee/Contracting Agency: Authorization: This project will implement Task of - - of the FY Highway Safe Plan. I. PROBLEM IDENTIFICATION A. Problem Statement. Provide a statement of the nature and magnitude of the current traffic safety problem(s): SEE PAGE 3 B. Documentation of Data. Using current statistical data (cite source and date of the information), document the nature and magnitude of the traffic safety problem. Sufficient data must be provided to prove the problem is significant and should be addressed. SEE PAGE 3-5 Page 2 of_I_Q I. PROBLEM IDENTIFICATION A. PROBLEM STATEMENT Speeding is a major contributing factor to traffic crashes and resulting injuries and fatalities on all types of roadways within the City of Beaumont. Accident investigative records maintained by the traffic unit of the Beaumont Police Department reflect that speed was a contributing factor in 3,518 accidents during the three year period 1996-1998. 1994 DPS urban speeding accidents reflect a weighted ranking of 13.5 for the City of Beaumont. Numerous traffic studies have verified the effectiveness of seatbelts and child restraint devices in regard to preventing injury and death in traffic accidents. Statistical information obtained from the Texas Department of Public Safety based on their 1997 crash data indicates that statewide driver and right front seat passenger seat belt usage rate was 77.9%pursuant to a FY98 survey. During that same period, the state wide child safety seat usage rate was determined to be 67%. Surveys conducted by officers of Beaumont Police Department Traffic Unit reflect that the rate of usage of both seat belts and child safety seats in the City of Beaumont is considerably below the statistical averages as established by the Department of Public Safety. As set forth in the following sections, efforts must be made to increase the percentage of drivers in the city who utilize seatbelts and/or child safety seats. This grant application will facilitate enforcement related to both seatbelt and child restraint usage. Drivers operating motor vehicles under the influence of alcohol and/or drugs continues to be a significant factor in motor vehicle accidents. The number of accidents occurring in the City of Beaumont wherein alcohol and/or drugs have been determined to be contributing factor has increased over the past six years. From 1996 thru 1998, the number alcohol and/or drug related accidents in the city has been significant. Although the police department has embarked on a proactive program related to D. U. I. Enforcement, additional assistance through this grant is needed to be able to use officers to target select locations, days of the week, and times of the day when statistics indicate the problem is greatest. B. DOCUMENTATION DATA Speeding is a major contributing factor to traffic crashes and resulting injuries and fatalities on all types of roadways within the City of Beaumont. Accident investigative records maintained by the traffic unit of the Beaumont Police Department reflect as follows: of 10 1998 Total Accidents: 4,498 Speed Contributing Factor 1,159 0 1997 4,364 1,211 1996 4,318 1,148 The speed factor noted above would include speed-over limit, failure to control speed, speed- unsafe. Correspondingly, during that same three year period the Beaumont Police Department issued speeding citations, as reflected by Records of the Beaumont Municipal Court, as follows: 1996-6,545 citations 1997-4,954 citations 1998-6,801 citations S. T. E. P. SPEEDING VIOLATION SURVEYS In preparation for this application, the traffic enforcement unit of the Beaumont Police Department conducted several surveys using radar equipped vehicles to determine the rate of driver "violations" regarding non-compliance with posted or statutory speed requirements. In conducting this survey, any violation in excess of the posted or statutory speed limit was considered a violation. The surveys were conducted in January, 1999 on roads either heavily used or principle "travel ways" of drivers in the City of Beaumont. Those survey results reflect that out of 2,923 vehicles checked for speed, 2,504 were exceeding the posted or statutory speed limit. The rate of compliance was only 14.4%. Additional reviews of data maintained by the Beaumont Police Department in regard to accident locations were crossed checked to identify the "top 20" locations where speed was identified as a contributing factor. The sites for the speeding violation surveys were selected to reflect that data. Accident investigation data also reflected that Fridays are the principle day of the week in which speed is identified as a contributing factor in accidents. Statistical surveys also indicate the principle hours for accidents related to speed are from noon to 1:00 pm and from 4:00 pm to 6:00 pm. Statistical Studies by the Department of Public Safety pursuant to a FY 98 survey indicate that statewide driver and right front seat passenger seatbelt usage was at a compliance rate of 77.9%. State wide child safety seat usage compliance rate was 67%. In preparation of this application, officers assigned to the traffic unit of the Beaumont Police Department conducted surveys regarding occupation protection (use of seatbelt/child 4of10 restraint devices) at select sites or on select roadways in the city of Beaumont. The surveys were conducted both by officers at set locations and patrol officers in moving vehicles. The general occupant protection surveys conducted at the various locations included a total of 1, 191 vehicles. Of these observed vehicles, restraint violations were noted on the part of drivers of the vehicles in 43.7% of the observations (521 drivers). Additionally, of the vehicles observed, 25.3% (282) front passengers were observed in violation of restraint requirements and in 3% of the cases (37) children were observed in violation of passenger restraint requirements. Thus, in the 1,191 vehicles that were observed there were 840 "violations" of restraint requirements. In preparation for the submission of the grant application, officers assigned to the traffic unit conducted surveys by observing individuals arriving and departing at private day care facilities in the city. Although the observations were difficult to make to due the locations of the facilities on private property, of 78 vehicles the officers were able to clearly observe the occupants of, it was not noted that in 42% of the vehicles child occupants in the vehicles were not properly restrained. (Compliance rate of 58%) All traffic violations which would be classed as Class C Misdemeanors are filed and prosecuted in the Beaumont Municipal Court. Municipal Court Records were reviewed and reflect the following statistics in regard to cases filed in the court regarding driver/passenger restraint violations as follows: 1996 1997 1998 No Seat Belt/Driver 1,132 1,011 1,816 Unrestrained Child/24 66 43 45 Unrestrained Child/4-15 119 98 131 Accidents where in alcohol and/or drugs are identified as a contributing factor continue to be a significant problem, not only statewide but in the City of Beaumont. Records maintained by the Traffic Unit of the Beaumont Police Department identified 602 accidents in 1996, 623 in 1997 and 548 in 1998 where alcohol and/or drugs were identified as a contributing factor. Through an aggressive program of enforcement related to drivers who may be under the influence and/or drugs, the department has been able to achieve a reduction during 1998. This is in part due to not only assistance obtained through a highway safety grant but also through the commitment of added resources by the department upgrading equipment and departmental overtime in the area D. U. I. Enforcement. Departmental statistics also indicate Friday as the principle day during which alcohol related accidents occur followed by Thursday. 5of10 Proposal for Highway Safety Funding Attachment A TxDOT Form 1851(rev. 11/98) 9194 , H. PROJECT PLAN A. Problem Solution. The proposed solution should describe the scope of work and activities to be performed to address the traffic safety problem as defined in the problem statement. SEE PAGE 7,8 B. Objective. The objective indicates the specific purpose of the project. To C'om uct a _safe/sober pro jitct Beaumont by Sept . 30, 2000 (conduct,develop,implement,etc.) (type of progtatttiproject) (location) (date) C. Performance Goals. State the goals as they relate to the objective. Goals should follow the SMART principle—Specific,Measurable,Action-oriented, Realistic, and Time framed. SEE PAGE 8 ,9 D. Performance Indicators. List the performance indicators that will be used to measure and evaluate project progress throughout the grant period. SEE PAGE 9,10 E. Action Plan. Specify project p fy the p ro�' activities and time frames by completing Form 1852s. Page 6 of 10 II. PROJECT PLAN A. PROBLEM SOLUTION Traffic enforcement is a function of all Patrol Officers of the department. Additionally, the Beaumont Police Department has established a Traffic Unit within the Field Operations Division. This unit is not only involved in general traffic enforcement but also is responsible for the investigation of all major accidents and the preparation of investigative files related to those accidents for submission to the District Attorney's office. During the year of 1998, approximately 4,498 accidents were investigated by officers of this department, with all major accidents being investigated by officers from the traffic unit. The department is active in providing specialized training for officers in the traffic unit including, but not limited to advanced accident investigation, accident reconstruction, DUI enforcement, Drug recognition enforcement, etc. As a part of the department's implementation of video cameras in patrol vehicles, the department arranged for three officers to be trained as instructors regarding the use of mobile video units and in service training is being provided to all patrol and traffic officers. The Deputy Chief of Police (Field Operations) has assigned a Lieutenant (part-time), Sergeant (full- time), nine patrol officers (full-time) and one patrol officer who works in traffic and also serves as bailiff for the Municipal Court to the traffic unit. MOBILE VIDEO PROGRAM In 1996 the Beaumont Police Department, through the support and encouragement of the City Council, instituted an aggressive program directed towards acquiring mobile video cameras for placement in patrol cars. Since the program was instituted in 1996, the city has purchased 51 mobile video units which have been placed into marked patrol cars, including all cars assigned to the traffic unit. Additionally, two mobile units were purchased for equipping the two motorcycles assigned to the traffic unit. The purchase of these video units has exceeded a cost of$200,000 for the cameras. Additional costs have been incurred for supplies including video tapes, tape duplicators, monitors, etc. Although there has been "resistance" on the part of some patrol officers to the implementation and use of the mobile video cameras, the cameras have proven extremely beneficial in traffic enforcement activities, especially in the area of DWI enforcement. The acceptance and use of the video tapes is strongly endorsed by the Criminal District Attorney's Office for Jefferson County. RADAR ENFORCEMENT EQUIPMENT The Beaumont Police Department has also been active in securing and installing radar units to assist in traffic speed enforcement. During the past year, the department has secured five 7of10 new radar units for use principally by the traffic enforcement unit. Both motorcycles used by the traffic unit are also equipped with hand held radars which provides flexibility to officers assigned to motorcycle units in traffic enforcement. This grant application seeks assistance to provided added enforcement in the areas of(1) speed control, (2) seatbelt/child restraint child enforcement, and (3) enforcement of statutes related to drivers operating under the influence of alcohol and/or drugs. Personnel assigned to this grant project will be officers with extensive experience in traffic enforcement and in the recognition of drivers operating under the influence of alcohol and/or drugs. The department will assign to those officers vehicles equipped with in car video units and, wherever possible, radar units. In some locations, the two motorcycles assigned to the traffic unit will be principally used. Those motorcycles are also equipped with radar and mobile video units. Officers will be assigned to work locations, days, and times of the day based on statistical surveys conducted by the supervisor of the traffic unit as to both current accident occurrence data and surveys conducted related to speed and/or restraint violations. The officers will be utilized in "time blocks" ranging from two to four hours, depending on the targeted enforcement. As an example, a significant rate of non compliance in the use of seatbelts and child restrain devices was noted at several day care facilities where surveys were conducted. To enhance the effectiveness of enforcement, officers would be utilized on roads near those facilities during the periods when children are delivered to or picked up at the facilities. Enforcement of speeding would be likewise directed toward times which would produce the most significant impact on the motoring public to encourage compliance. The times, dates, and locations would be adjusted on a periodic basis based on ongoing analysis of accident investigation data and motorist compliance information related to traffic enforcement activities by the supervisors assigned to the grant. Additionally, through the department's safety education program, a program would be instituted whereby departmental personnel would be assigned to contact management/supervisory personnel at day care centers and provide educational/traffic safety materials setting forth the requirements in regard to child restraint devices for distribution to individuals the �ft{'e rlM'! `n— no�.For 1 1 0+ -11 o •n would also be strongly encouraged to speak with parents using their facilities to emphasize the importance of the use of child restrain devices. Although this safety education program would be designed to have a significant impact on the purpose of this grant, the safety education activities would be principly conducted by officers of the Police Community Relations section of the department and would not be activities funded through this grant. Likewise, the police Community Relations office would prepare and distribute "press releases" and/or"spot announcements" for use by the print, radio, and tv media. These releases would not only acquaint the public with this grant project but would seek to "encourage" compliant by the motoring public through educational awareness. 8of10 C. Performance Goals (1) To increase the rate of compliance by drivers and front seat passengers in regard to seatbelt usage by 10% based on the occupant protection surveys conducted pursuant to this grant application and noted herein. (2)To increase the rate of compliance related to the usage of child safety seats by 20% pursuant to the surveys which were conducted and submitted as a part of this grant application. (3) To increase the rate of compliance in regard to speed statutes by 10% based on the speed violation surveys conducted as a part of the research for this grant project and noted herein. (4) To decrease by 5% the number of accidents wherein speed is listed as the principle contributing factor based on a 1998 base line of 1,159 accidents wherein speed was identified as the significant contributing factor. (5) To decrease the number of accidents wherein alcohol and/or drugs are identified as the principle contributing factor by 10% from a 1998 base line of 548 as set forth in this application. (6) The date to achieve the goals set out above would be September 30, 2000. Note: No goals were stated related to set numbers for increases in regard to citations. It is the position of the department that the goals should be accident reduction or compliance with statutes. The issuance of traffic citations or arrests are merely a means of encouraging compliance as is safety education. It is, however, anticipated that, based on the enforcement activities of officers involved in the project the number of citations/arrests issued or made for offenses such as speeding, disregarding occupant protection requirements, or operating under the influence alcohol/drugs will increase. That increase will be measurable based on the statistics set forth in this application. D. PERFORMANCE INDICATORS The "performance indicators" that will be used to measure the attainment of the goals set forth herein will include but not be limited to the following: (1) Accident statistics wherein speed is indicated as a significant factor. (2) Accident statistics wherein alcohol and/or drugs are indicated as a significant factor. 9 of 10 APPROVED PROJECT BUDGET SAFE AND SOBER S.T.E.P. (Title of Project) CITY OF BEAUMONT (I`Jame of Subgrantee) (Round figures to nearest$) Local/ Federal State Funds Funds TOTAL - BUDGET CATEGORY I - LABOR COSTS: 100 Salaries Hourly wage rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Subgrantee's payroll policy, and salary rate. A. ENFORCEMENT(overtime) 1. Officers: 1456 hours. $ 31,626 $ 13,554 $ 45,180 @a 31.03 per hour= $ 45,180 2. Sergeants: 124 hours 3,058 1,311 4,369 35.23 per hour= $ 4,369 -� 3. Lieutenants: hours @ per hour= $ B. PI & E ACTIVITIES (overtime) $ $ $ (not to exceed 10%of (100) Salaries.) hours @ per hour:= $ C. OTHER SALARIES $ 3,799 $ 1,628 $ 5,427 (i.e., overtime staff and supervisory support) (not to exceed 10% of total grant amount.) Type, #hours, rate: Clerk 156 hrs @ 12.98/hr (1,432) (613) (2,045) Sgt. Supervisor 96 hrs. @ 35.23/hr (2,367 ) (1,015) (3,382) TOTAL (100) SALARIES $ 38,483 $ 16,493 Enforc=ent9198 Ra¢e 1 nf I Local/ Federal State Funds Funds Total (200) Fringe Benefits A. Rate: (if not included in hourly rate) B. Other Salaries: TOTAL (200) FRINGE BENEFITS $ o $ 0 $ 0 (300)Travel and Per Diem Mileage (documentation of rate is required prior to reimbursement), airfare, car rental, per diem, etc. Reimbursements will be based in accordance with Subgrantee's travel policy not to exceed state rates. TOTAL (300) TRAVEL & PER DIEM $ 0 $ 0 $ 0 TOTAL LABOR COSTS $ 38 .483 $16,493 $ 54 ,976 BUDGET CATEGORY II - OTHER DIRECT COSTS: (400) Eguipment (specify type/quantity) $ N/A $ $ (500) Supplies $ N/A $ $ (Postage, printing & office supplies, etc.) (700) Other Miscellaneous (specify) A. SUBGRANTEE VEHICLE MILEAGE $ $ $ Rates used only for budget estimate. Reimbursement will be made according to the approved Subgrantee's average cost per mile to operate patrol vehicles, not to exceed the state rate. Documentation of cost per mile is required prior to reimbursement. miles_per mile For match Only: miles @ per mile: $ N/A $ $ (amount above approved state rate) Enforcement9/98 Page 2 of 3 Local/ . Federal State Funds Funds Total B. REGISTRATION FEES $ $ $_ (training, workshops, conferences, etc.) C. PUBLIC INFORMATION AND EDUCATION (PI&E) MATERIALS (up to 5% of grant amount) 1. Educational items = $ (example: brochures, bumper stickers, posters, flyers) 2. Promotional items = $ (example: key chains, magnets, pencils, pens, mugs) TOTAL PI&E $ $ $ TOTAL (700) OTHER MISCELLANEOUS $ $ $ TOTAL OTHER DIRECT COSTS $ 0 $ 0 $ 0 SUMMARY: TOTAL LABOR COSTS $ '32 0 488 $16 .493 $54 , 976 TOTAL OTHER DIRECT COSTS $ $ $_ GRAND TOTAL $ $ $ Fund Sources: Federal Funds ( 70 '/o) Local Funds $38 ,483 + $ 16 ,493 - TOTAL$ 54 ,976 EnforcemenL9/98 Page 3 of 3 RESOLUTION_ NO. - WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to apply for funding to assist in highway safety enforcement; and WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle accidents which often result in loss of life or personal injury; and WHEREAS, traffic safety enforcement and encouragement of safe driving habits is a significant goal of the Beaumont Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont be and is hereby authorized to execute all documents necessary to: Apply to the Texas Department of Transportation for funding available through that Department to enhance the ability of the Beaumont Police Department to provide highway safety and education programs beneficial to the citizens of Beaumont; and Accept and disperse any grant funding approved by the Texas Department of Transportation; and Take such other actions as may be necessary and appropriate to implement the purpose and operations of any highway safety grant projects and funds made available to the City through gh the Texas Department of Transportation. PASSED BY THE CITY COUNCIL of the City of Beaumont this the LL2L day of January, 1999. - Mayor- - 2 - L .lf VOW City of Beaumont..W Council Agenda Item EL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 24, 1999 REQUESTED ACTION: Council consider payment of an invoice for demolition of a structure located at 1060 Washington Boulevard RECOMMENDATION Administration recommends the payment of an invoice in the amount of$20,415 to C & C Demo, Inc. for the demolition and removal of the structure located at 1060 Washington Boulevard. BACKGROUND City Council passed an ordinance on April 27, 1999 ordering the demolition and removal of a structure located at 1060 Washington Boulevard. The structure, a former church located on the corner of Washington Boulevard and Neches Street, is classified as a public building. Prior to its demolition, an environmental survey was conducted to determine the presence of asbestos containing materials. On August 9, 1999, the roof of the structure collapsed. Following the roof collapse, the exterior walls were left leaning outward and also in danger of collasping. The City's Building Official declared the building to be a hazard to the public and in a state of emergency. State statutes provide for the exemption of competitive formal bids when an expenditure is required to preserve or protect the public health or safety of the municipality's residents. Four local demolition/asbestos abatement contractors were contacted for quotes. The contractors met at the site on Friday, August 13, to discuss the demolition and abatement of the structure and the work schedule. In addition, the Texas Department of Health was notified and the ten day waiting period was waived due to the hazardous condition of the structure. Emergency Demolition of Structure - 1060 Washington Boulevard August 24, 1999 Page 2 Four bids were received informally on Monday, August 16, 1999, for the immediate demolition and removal of the structure located at 1060 Washington Boulevard. The bids received are as follow: Contractor Location Price C & C Demo, Inc. Orange, TX $20,415 CST Environmental, Inc. Houston, TX $24,200 Basic Industries, Inc. Nederland, TX $28,149 Superior Abatement, Inc. Groves, TX $34,450 Due to the structure's dilapidated condition, abatement of the materials will be done in accordance with the National Emission Standard for Hazardous Air Pollutants (NESHAP). The regulations allow regulated removal of the asbestos containing materials during the demolition process. The asbestos materials will be contained and disposed of as a hazardous waste. The demolition of the church building began August 18 and will be completed by August 31,1999. BUDGETARY IMPACT Funding is available for the demolition of this structure through Community Development Block Grant funds. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny a resolution authorizing the payment of an invoice to C & C Demo, Inc. in the amount $20,415 for the demolition and asbestos abatement of the structure located at 1060 Washington Boulevard. BARBARA LIMING CITY CLERK W moo CITY CLERK'S OFFICE ON of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 31, 1999 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call * Presentations and Recognition Distinguished Budget Presentation Award Presentation from Convention and Visitor's Bureau * Public Comment: Persons may speak on scheduled agenda items 6-13 * Consent Agenda GENERAL BUSINESS 1. PUBLIC HEARING: FY 2000 Operating Budget 2. PUBLIC HEARING: 2000 Capital Program 3. PUBLIC HEARING: FY 2000 Property Tax Rate 4. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located at 8325 Walker Road 5. Consider a request for a specific use permit to allow an early childhood development center (preschool) in an RCR (Residential Conservation and ! Revitalization) District and an LI (Light Industrial) District located at 790 Forsythe 6. Consider approving a contract for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit j 7. Consider approving a contract for improvements to the Beaumont Yacht Club 8. Consider a one year pilot project to provide emergency medical services to the community by a private ambulance company 9. Consider approving the purchase of 60 laptop computers for use in the Police Department 10. Consider approving the acquisition of property for the Southend Branch Library Consider additional funding for the Art Museum of Southeast Texas 12. Consider an ordinance establishing a Municipal Court Technology Fund and i _providing for the assessment and collection of a technology fee a 13. Consider funding for the Partnership of Southeast Texas t 14. Consider a request for a specific use permit to allow a package store in an NC (Neighborhood Commercial) District located at 3290 Highland Avenue 1,15. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders COMMENTS * Councilmembers comment on various matters * City Manager's Report * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Settlement offer with Texas Department of Health relating to asbestos surveys City of Beaumont v. Heath Vaughn Enterprises, Inc. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. � 1 August 31, 1999 PUBLIC HEARING: FY 2000 Operating Budget 2 August 31, 1999 PUBLIC HEARING: 2000 Capital Program • 3 August 31, 1999 PUBLIC HEARING: FY 2000 Property Tax Rate • ! 4 August 31, 1999 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for property located at 8325 Walker Road City of Beaumont •r• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Director MEETING DATE: August 24, 1999 AGENDA MEMO DATE: August 18, 1999 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District. RECOMMENDATION The administration recommends approval of the zone change from RS to RM-M for a 19.747 acre tract of land located at 8325 Walker Road. BACKGROUND The Praise Christian Center owns 19.747 acres upon which is located a church sanctuary and church classroom buildings. Ten acres of the property are vacant. The church would like to build ten single story duplex units for senior citizens. These units would house individuals who are over 55 years of age and can care for themselves but do not wish the upkeep and maintenance of their own home. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held August 16, 1999, the Planning Commission voted 8-0 to approve the zone change from RS to RM-M. SUBSEQUENT ACTION None RECOMMENDED BY: Planning Commission, City Manager and Planning Director RECOMMENDED MOTION: Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District to RM-M (Residential Multiple Family Dwelling-Medium Density) District for 8325 Walker Road. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Bein g Tax Roll Tracts 61-T, 61-B and 61-N, Plat RS-5, D. Easley Survey, Abs 20, Beaumont,Jefferson County,Texas, containing a total of 19.747 acres of land, more or less. G, EUE 1462-Z: Request for u zone change from RS to RM-H (Residential Multi-Family NORTH -High Density) district: Tracts 61-T9 61-B and 61-N,Plat RS-59 D. Easley Survey A Location: 8325 Walker Road Applicant: Reggie Uoyd, Sr.,Pastor,Praise Christian Center SCALE _ N.T.S. • N I A-R vd It• 14♦ 70 r = u z It n r t• a V pf s Ht It KM N 0 I7 a s al m r u °-pl To too to r: N r M A a•= - r � n r 1� 1 O WW� p N t 2 i SPA" 2 SUBJECT - • � � r Q • O • O • s — W Z Q O 3 Q • t > I I `A G p�� • n Qa s PUD ! 5 August 31, 1999 Consider a request for a specific use permit to allow an early childhood development center (preschool) in an RCR (Residential Conservation and Revitalization) District and an LI (Light Industrial) District located at 790 Forsythe City of Beaumont A L. f ~ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Director :MEETING DATE: August 24, 1999 AGENDA MEMO DATE: August 18, 1999 REQUESTED ACTION: Council consider a request for a specific use permit to allow an early childhood development center (pre-school) in a RCR (Residential Conservation and Revitalization) District and a LI (Light Industrial) District. RECOMMENDATION The administration recommends approval of the specific use permit to allow a early childhood development center (pre-school) at 790 Forsythe. BACKGROUND St. Anthony Cathedral wishes to open an early childhood development center in an existing brick commercial building. The building contains 3,000 sq. ft. The church plans a 300 sq. ft. addition to the southeast corner of the building. Staff parking will be in existing parking lots and student pickup will be from existing driveways. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held August 16, 1999, the Planning Commission voted 8-0 to approve the specific use permit to allow the early childhood development center at 790 Forsythe. SUBSEQUENT ACTION None RECOMMENDED BY: Planning Commission, City Manager and Planning Director RECOMMENDED MOTION: Approve/Deny a request for a specific use permit to allow an early childhood development center (pre-school) at 790 Forsythe and which is zoned RCR(Residential Conservation and Revitalization) District and LI (Light Industrial) District. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the west `/2 of Lot 5, 6, south 10' of Lot 7 and the south 10' of the west %z of Lot 8, Block 16, Van Wormer Addition, Beaumont, Jefferson County, Texas, containing 0.275 acres, more or less, being a 75' x 160' tract. � 146orp., Request for a:pecif'K use permit to allow a childhood center in an area NoxTH zoned RCR(Residential Conservation Revitaiization� \- Location: 790 Forsythe Applicant: Saint Anthony Cathedral SCALE P-200' AA /y�✓� +1 / %9 6 4b 446, WP • t 0 to Y' � 7 t i F" •Ay op Q f ° lep 0 '�� JPG� gyp' os• s 30'3 •° ,iP '�° •� • s , s `• w' 1 Nam NSA UI 1 1 � �i Vier R t ` \ MANN" r or AS51 o � � Yg7 IL E1114C plc 1 IV 1 w e W, JEFFERSON STREET SrTl.PLAN JEFFERSON STRS PRELIMINARY OLS 1410-F .� s 6 August 31, 1999 Consider approving a contract for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 17, 1999 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman, Inc., for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman Inc., for engineering services associated with the City's NPDES Storm Water Permit. BACKGROUND In 1990, Congress passed the Clean Water Act (CWA) which, with subsequent amendments, established the National Pollution Discharge Elimination System. NPDES requires cities having populations greater than 100,000 people to obtain a permit to discharge storm water collected by the city's storm sewer system into "public waters." In compliance with the provisions of this legislation the City of Beaumont and Jefferson County Drainage District No. 6 (DD#6), applied for and, effective October 1, 1998, were issued by USEPA, a permit for the discharge of storm water to the Neches River and Hillebrandt Bayou. The NPDES Storm Water permit requires the City to monitor the quality of storm water discharges and to report the findings annually to USEPA Region 6 in Dallas. The permit also requires the implementation of Best Management Practices (BMP's) designed to reduce the maximum extent practicable pollutants borne in storm water collected by the City's storm sewer system. Accomplishing of these goals will require: 1) extensive field collection and laboratory Page 1 of 3 evaluation of storm water sampling data; 2) creation of various databases to track and evaluate the effectiveness of the many BMP's required by the permit; 3) training City field personnel to recognize and properly report various environmental conditions affecting water quality; 4) qualification and quantification of data in an effort to evaluate the effectiveness of individual and collective BMP's; 5) the compilation of data required by USEPA and; 6) the preparation of annual and interim reports to USEPA and Texas Natural Resource Conservation Commission (TNRCC). Public Works/Engineering has limited staff assignable to the accomplishment of the work required by the NPDES Storm Water Permit and has determined that the services of a professional engineering group will be needed to augment the efforts of City personnel. The Engineering group will assist in: 1) the preparation of BMP guidance documents and training workshop materials; 2) the preparation of reports; 3) the formulation of local Ordinances which may be required for the proper implementation of the BMP program and; 4) to lend a national presence to the City's interface with USEPA. Total expenditure for the first 12 months is estimated not to exceed $265,880. During the presentation of above information to City Council on June 29, several questions were raised regarding future permit costs, the qualifications of the sub-consultant, and estimated cost to do the work in-house. The first year costs associated with meeting the requirements of the permit are estimated at $265,000. Costs for years two through five of the permit are estimated at $132,000 per year. The engineering firm used to prepare the original permit application for the City and DD#6 was Woodward-Clyde. The firm of Carroll and Blackman served as the sub-consultant. In 1998, Woodward-Clyde and URS Greiner merged and formed the company of URS Greiner Woodward Clyde (URSGWC). This is the company proposed to be the sub-consultant on the project. Carroll and Blackman will serve as the lead engineering firm on the project. In addition to the City of Beaumont, either Woodward-Clyde or URSGWC has assisted the cities of El Paso, Texas; Jackson, Mississippi; Los Angeles, California; Scottsdale, Arizona; Bellevue, Washington; Portland, Oregon; Salt Lake County, Utah; and Cedarburg, Wisconsin in obtaining or meeting the requirements of their NPDES Permit. They have also performed work for US EPA in the areas of urban and coastal runoff and provided support for final rule making on storm water discharge permit applications. To conduct storm water sampling in-house would require, due to the wide spread locations of the sampling sites, two crews with two employees each and a coordinator to oversee their activities. The estimated cost for these five employees with benefits is approximately $130,000 annually. Additionally, the annual costs for vehicles, laboratory testing, monitoring of BMP implementation and reporting, report generation, education programs and sampling, measuring and testing equipment supplies is estimated at $108,500. The estimated total in-house cost to meet the permit requirements is $238,500. Page 2 of 3 BUDGETARY IMPACT The contract agreement with Carroll and Blackman, Inc., will increase Fiscal Year 2000 General Fund expenditures by $230,000. It is estimated that the remaining $35,000 will be expended during this fiscal year. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute a contract agreement with Carroll and Blackman, Inc., for engineering services associated with the City's NPDES permit. Page 3 of 3 7 August 31, 1999 Consider approving a contract for improvements to the Beaumont Yacht Club City of Beaumont �• Council Agenda Item � - � TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 25, 1999 REQUESTED ACTION: Council consider awarding a construction contract to Bo-Mac Contractors, Inc. for improvements to the Beaumont Yacht Club. RECOMMENDATION Administration recommends awarding a construction contract for improvements to the Beaumont Yacht Club to Bo-Mac Contractors, Inc. in the amount of approximately $962,897. BACKGROUND On September 22, 1998, City Council approved a new Management and Concession Agreement with the Beaumont Yacht Club (BYC) for operating a marina on approximately 30 acres of city owned riverfront property north of Interstate 10 Highway. The new agreement was required to facilitate requested improvements of the city marina for BYC. The improvements requested by BYC were as follow: 1. Installation of sheet piling retaining walls along the Neches River, docking areas and entry cut, 2. Replace east dock-side walkway and docking area, 3. Replace west dock-side walkway and docking area, 4. Replace 24 wet storage stalls, and 5. Construct 20 new dry storage stalls. The total estimated cost to complete the proposed improvements was $850,000. This sum included engineering fees and cost contingencies for unforeseen expenses. All fees and construction costs were to be financed by the city and repaid by BYC from operating revenues over a 15-year term. Sealed bids were received Monday, August 2, 1999 for furnishing all supervision, labor, materials, equipment and bonding for the construction of the marina improvements listed above, except for the construction of the 20 dry storage stalls. During the design phase, it was determined that the dry storage facility could not be constructed within the proposed budget. A copy of the bid tabulation detailing the bids received is attached for your review. Due to the nature of the work involved and in an effort to secure the lowest construction costs, the project bid was divided into two contracts. Contract No. 1 was for the installation of sheet piling, with an alternate for dredging 3,000 cubic yards of material from the marina's entrance channel. Contract No. 2 provided for the demolition and replacement of the east dock-side walkway, the west dock-side walkway, and wet stalls. It also included an alternate for additional roadway and parking improvements to serve the wet stalls, and a segregated pricing schedule for electrical work related to a service riser furnishing power to the west dock and wet stalls. Bo-Mac Contractors, Inc., submitted the lowest bid for both Contract No. 1 and No. 2 of the proposed improvements. The total amount bid for both contracts is as follows: F stallation of sheet piling $ 286,865 cavation of entrance channel (Alternate) (1) $ 9,000 Fueling / east dock and walkway $ 89,851 West dock and walkway $ 118,319 Wet stalls 1 - 24 $ 338,515 E,aated ed pricing schedule for electrical $ 73,957 e Riser No. 1 parking improvements (Alternate) $ 33,790 crete for dock stabilization (2) $ 12,600 uction No $ 962,897 Note: (1)Estimated quantity of 3,000 cubic yards at$3/CY. (2)Estimated quantity of 200 cubic yards at$63/CY. Based on the bids received from Bo-Mac, the total estimated cost to complete the project, including engineering fees and survey costs, is $1,041,000. This is approximately $191,000 above the original construction estimate. BYC has requested that the bid be awarded as listed above and that the additional costs be financed in conjunction with the initial $850,000. The management agreement provides for BYC to repay all project costs and annual interest calculated at 1% above the 90-day Treasury Bill yield over a 15-year term. The financing interest rate is recalculated annually. According to Bo-Mac Contractors, Inc., more than 95% of the work will be completed with company employees. They will comply with the city's Minority Business Utilization Commitment by having a company Affirmative Action Plan and furnishing such plan to the city. BUDGETARYIMPACT Funding for the project is available in the General Improvements Fund. The total project cost, and annual interest 1% above the 90-day Treasury Bill yield, will be repaid by BYC over a 15- year term. PREVIOUS ACTION Council approved a Management and Concessions Agreement with the Beaumont Yacht Club on September 22, 1998. Also, Council approved the selection of Fittz & Shipman, Inc. as the consulting engineer for project design and construction management services on December 8, 1998. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Central Services Director RECOMMENDED MOTION Approve/Deny awarding bids for Contract No. 1 and Contract No. 2 to Bo-Mac Contractors, Inc. for improvements to the Beaumont Yacht Club in the lump sum amount of$941,297 and a unit cost of $3/CY for excavated material from the entrance channel and $63/CY for installation of flowable concrete for a total estimated construction cost of$962,897. .i i I ' I• I i j I )y, - pi PC .w I� a f� � E• �/ eD I R ). pi ps lip K O ate, t I 5 j a a� s 4 SITE PLAN SHEET PILE BULKHEAD BEAUMONT YACHT CLUB AND CROSS SECTIONS PROPOSED IMPROVEMENTS TO F rM & SHIPMA6N——.- WET STALLS 1-24, VISITORS . s PIERS, AND RIVER BANK Fueling/ Exhibit"B" East Dock Replacement =ww* 1. M""T to""a MM 41 . . • off J , . � �Y (' � ��`� tom......» �`• w a a. 1 via ' OMIN 1., i >� x. -• x�!5 I r - TVP. POIDO COlCM1t WE l7OK T p^ S � mrwwo w rw► ww�s a a ��i W ! r��wrwtR a•r� ear.�e uLr ow�sr u.rwMac w..r�.,� �ioc awewia wwA rr«w •e0�i�y�i�rrr/wr•►rna Jw�we/�y�*�io n ia�rt f17i M � r-r Y/Orl etO[IOwR MoL w01r ret O� �� .n w MrO f�M le war 11M AODiIIY erwwa wU10f , omm a•. r {ee111w1 M WI<bJMO ewaww AIrA A i wnwews M t wrrrw. •.. mnw aux •rt1R A www r0. Ilgrt[A ww�ry Mrf w I< +®��wra< war nw../iLw pry M/Olwle OMw101O1 R rO1wt tp MflfAM IID. Exhibit"C" West Dock Replacement I, a 0 ! ° MLI M7t �1N IOI 10 'Ajj era •�L MMMMR e e MOM� If N ma N 1s MILL Ry "`•.•. - •� ..gym _ i .F :F i •Oa1M7R�OVAL<WWWOR pa NM--Ij�,1b�111� A ��, Q lYU^'M�111R � � Y FAAMO 0i�m as iwl a 4 � � < � a a�b In UL O�a°wwu°wiir )T Ad ® f7f�LW�/ACILA� :.aanw aun wesa,.o,aaua ' I y,,vw..ro amwm cw r.v �1 a.ovD K a. Mr a+,u+n+na MMC MMp7 Cl � s � Exhibit "D" Wet Stalls 1 - 24 Replacement AN MLT TO NAVAAL Ow" Ing 1 u 1 ! N 1 i 1 is I MgrmLt ' I >b in J , ��/qqp ♦A/MBW�PMR MMI f If 34 M �vj p rro rw eo m .w ,3r r. w u,non. .c.o K ui �.orwa aw �®naa.m a.noc M PAOCAN M0.4 0 0 BEAUMONT YACHT CLUB -CONTRACT NO. 1 (CONSTRUCTION OF SHEET PILING BULKHEAD) BID OPENING DATE: MONDAY, AUGUST 2, 1999 @ 2 PM BID NUMBER: BF0799-61 Vendor Bo-Mac Contractors Galveston Bay Construction Inc Mid-Gulf Industrial City/ State Beaumont/TX Stowell/TX Houston/TX Contact Dan R Brown And L Thornton Sr. Don W Pa e Total Materials Cost- Lump Sum $121,709.00 $153,473.18 $127,560.00 T otal Services Cost- Lump Sum $165,156.00 $168,500.00 $245,925.00 Total Base Contract Price -Lump Sum $286,865.00 $321,973.18 $373,485.00 Iternate Bid Item No. 1 $3.00 $8.98 $13.00 Excavation of the entrance channel into the marina (per cubic yard) Alternate Bid Item No. 2 inyl sheet piling in lieu of metal No Bid $311,122.44 $474,747.00 (ARBED PU-6) vinyl sheet piling shall be Geoguard 500 or equal. (lump sum price) 851 60 200 Com letion Time calendar days) BEAUMONT YACHT CLUB -CONTRACT NO. 2 (CONSTRUCTION OF THE FUELING AND EAST DOCK, WEST DOCK AND WET STALLS 1 - 24) BID OPENING DATE: MONDAY, AUGUST 2, 1999 @ 2 PM BID NUMBER: BF0799-62 Vendor Bo-Mac Contractors Mid-Gulf Industrial City / State Beaumont/TX Houston /TX Contact Dan R Brown Don W Page Bid Pkg No. 2 -Fueling and East Temporary Dock $23,048.00 $21,340.00 Subtotal Materials Cost - Lump Sum Subtotal Services Cost - Lump Sum $66,803.00 $120,060.00 Subtotal Contract Price - Lump Sum $89,851.00 $141,400.00 Bid Pkg No. 3 -West Dock Subtotal Materials Cost - Lump Sum $39,202.00 $32,217.00 Subtotal Services Cost - Lump Sum $79,117.00 $136,783.00 $118,319.00 $169,000.00 Subtotal Contract Price - Lump Sum Shall include flowable concrete 2,000 psi - pea gravel mix $63.00 $66.00 (price per cubic yard) Bid Pkg No. 4 -Wet Stalls 1 - 24 Subtotal Materials Cost - Lump Sum $43,171.00 $160,846.00 $295,344.00 $408,654.00 Subtotal Services Cost - Lump Sum Subtotal Contract Price - Lump Sum $338,515.00 $569,500.00 Alternate No. 1 $33,790.00 $40,000.00 Roadway and Parking Improvements (lump sum) Summary of Bid Packages Total Materials Cost- Lump Sum $105,421.00 $214,403.00 $441,264.00 $665,497.00 Total Services Cost- Lump Sum otal Contract Price - Lump Sum $546,685.00 $879,900.00 Segregated Pricing Schedule for Electrical Work at Service Riser No. 1 $10,853.00 $11,500.00 Pkg A - Electrical Pricing for West Dock and Wet Stalls 1 - 24 $48,317.00 $50,000.00 Pkg B - Electrical Pricing for Wet Stalls 1 - 24 only $14,787.00 $15,500.00 Pkg C - Electrical Pricing for West Dock only inni 260 Com letion Time calendar days) 0 8 August 31, 1999 Consider a one year pilot project to provide emergency medical services to the community by a private ambulance company City of Beaumont . Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: August 31, 1999 AGENDA MEMO DATE: August 25, 1999 REQUESTED ACTION: Consider a one year pilot project to provide emergency medical services to the community by a private ambulance company. RECOMMENDATION Administration recommends approval to allow for the development of a Request for Proposal to be disseminated to interested parties to bid on a contract to establish a one year pilot project that would allow for the provision of EMS services by a private ambulance company. The unit would be staffed by an EMT and paramedic. A paramedic supervisor employed by the private ambulance company will also respond as needed. The results of the pilot project would be evaluated after one year for effectiveness in service delivery to determine whether the project would be continued or expanded. BACKGROUND In October 1998, the City of Beaumont was faced with the announcement of the withdrawal of a contract by American Medical Response that provided EMS coverage to two areas of the community. At that time, management and staff explored various options to resolve the situation and finally decided to replace, through city funds, one of the two ambulances that had been removed as a result of the contract withdrawal. This replacement is located at 6490 Calder, leaving the void in the north end of the community. Overall, response times clearly indicate that the major concern is in this (north end) area. As a result, increasing response times demonstrate the need to acquire additional ambulance coverage. Since the inception of the city's 9-1-1 ambulance service, the department has utilized private • ambulance companies to respond to rollover calls. (Those calls that the city cannot respond to because all units are committed to other calls). From August to December 1998, the city used