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HomeMy WebLinkAboutPACKET SEPT 07 1999 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 7, 1999 1:30 P.M. CONSENT AGENDA * Approval of minutes * _—C-on€ir4nati of committee appointments A) Accept improvements constructed in The Meadowlands, Sections Four and Five for a sag City maintenance B) Authorize a deed conveying a one acre tract of land to Statewide Consolidated < 9 Z o Community Development Corporation, Inc. for the construction of homes related to the Neighborhood Revitalization Project C) Authorize the execution of a Special Warranty Deed to Beaumont Alumni Chapter, 6 1 Kappa Alpha Psi D) Authorize the lease of a police vehicle to be used for the project titled "Southeast Texas Auto Theft Task Force" E) Approve a contract for a computerized box office ticketing and distribution system 15 for the Convention Facilities Division • Consent Agenda Summary September 7, 1999 * Approval of minutes * Confirmation of committee appointments A) Accept improvements constructed in The Meadowlands, Sections Four and Five for City maintenance 1) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in The Meadowlands, Section Four. Administration recommends approval of Tahoe Drive approximately 447 feet north to and including the cul-de-sac and Vermejo Circle from the proposed Tahoe Drive approximately 135 feet east to 3 OM-4P end of roadway markers. Also,recommended for approval are the Water and Sanitary Sewer Improvements for Lots 16-21, Block 1, Lot 7, Block 6 and Lots 17-19, Block 6. 2) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in The Meadowlands, Section Five. Administration recommends approval of Vermejo Circle approximately 249 feet east to and including the cul-de-sac and also the Water and Sanitary Sewer Improvements for Lots 8-16,Block 6. The improvements in the subdivision passed final inspection from all entities involved on September 1, 1999. Copies of the staff memorandums are attached for your review. B) Authorize a deed conveying a one acre tract of land to Statewide Consolidated Community Development Corporation, Inc. for the construction of homes related to the Neighborhood Revitalization Project The Administration recommends that property located at 2525, 2545, 2565, 2585 Hebert Street and 3945 Garden Street be conveyed to Statewide Consolidated Community Development Corporation, Inc. for the construction of new homes. 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. C) Authorize the execution of a Special Warranty Deed to Beaumont Alumni Chapter, Kappa Alpha Psi Administration recommends approval of the execution of the Special Warranty Deed. The City sold the property to Beaumont Alumni Chapter, Kappa Alpha Psi in November of 1996 by a Quitclaim Deed. The owners have a buyer for the property but the title company does not recognize the Quitclaim Deed. A copy of the staff memorandum is attached for your review. D) Authorize the lease of a police vehicle to be used for the project titled "Southeast Texas Auto Theft Task Force" Administration recommends approval of leasing a 1999 Ford Explorer police vehicle from Government Capital Corporation of Beeville, Texas. The vehicle was located through Philpott Motors. On April 20, 1999,the Council authorized the City Manager to apply for a grant from the Texas Automobile Theft Prevention Authority to operate the Southeast Texas Auto Theft Task Force. The grant application was submitted and subsequently approved by the Auto Theft Prevention Authority. The funding included provisions for leasing various vehicles at a rate of$600 per month or$7,200 for the project year(September 1, 1999- August 31, 2000). A copy of the staff memorandum is attached for your review. E) Approve a contract for a computerized box office ticketing and distribution system for the Convention Facilities Division Administration recommends approval of a three-year contract with the option to renew for two years with ETM Dillard's Ticketing Systems for providing a computerized box office ticketing and distribution system. Since 1992, the Convention Facilities Division has contracted with Dillard's Ticketing. A total of 70,769 tickets were sold in 1998 totaling $885,511.07. Total fees paid to Dillards for the 1998 calendar year were $5,449.40. A copy of the staff memorandum is attached for your review. Al City of Beaumont Council Agenda Item TO: City Council FROM: Stephen Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 7, 1999 AGENDA MEMO DATE: September 1, 1999 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in The Meadowlands, Section Four. RECOMMENDATION Administration recommends approval of Tahoe Drive from existing Tahoe Drive approximately 447 feet north to and including the cul-de-sac and Vermejo Circle from proposed Tahoe Drive approximately 135 feet east to 3 OM-4P end of roadway markers. Also, recommended for approval are the Water and Sanitary Sewer Improvements for Lots 16-21, Block 1, Lot 7, Block 6 and Lots 17-19, Block 6. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on September 1, 1999. BUDGETARY IMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None Page 1 of 2 RECOMMENDED BY City Manager, Public Works Director and City Engineer RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in The Meadowlands, Section Four. Page 2 of 2 r� z J P MALL 'QO a SITE LOCATION .0 a FOLSOM ORNE 69 C I a ' z LOCATION MAP (not to scale) I THE - MEADOWLANDS, SECTION FOUR A2 !� City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 7, 1999 AGENDA MEMO DATE: September 1, 1999 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in The Meadowlands, Section Five. RECOMMENDATION Administration recommends approval of Vermejo Circle from existing Vermejo Circle approximately 249 feet east to and including the cul-de-sac and also the Water and Sanitary Sewer Improvements for Lots 8-16, Block 6. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on September 1, 1999. BUDGETARY IMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and City Engineer Pagel of 2 RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in The Meadowlands, Section Five. Page 2 of 2 i I z PARK ` MA ii o SITE LOCATION es FCLSCM f7RNE Ii a I ' z 3� I LOCATION .�P '( (not to scale) I THE MEADOWLANDS, SECTION FIVE B City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 7, 1999 AGENDA MEMO DATE: August 30, 1999 REQUESTED ACTION: Consider a resolution authorizing the City Manager to execute a deed conveying a one acre tract of land in the J. W. Bullock Survey, Abstract 7 to the Statewide Consolidated Community Development Corporation, Inc. for the construction of homes 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 1 through 5 out of a 1.00 acre tract in the J. W. Bullock Survey, Abstract 7 (2525, 2545, 2565, 2585 Hebert Street and 3945 Garden 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 Lula Langham Potter, et al. SUBSEQUENT ACTION None RECONIIMENDED BY City Manager, Public Works Director and City Engineer. RECONV4ENDED MOTION Approve/Deny authorizing the City Manager to execute a deed conveying a one acre tract of land in the J. W. Bullock Survey, Abstract 7 to the Statewide Consolidated Community Development Corporation, Inc. for the construction of homes for the Neighborhood Revitalization Project. 3UBJECT NEIGHBORHOOD REVITALIZATION HARRI PROJECT THE AN wESTM❑ E-A a Pp T PROP03ED CONVEYANCE OF LA D a a z HE E w LOT3 1 THROUGH b ST JA E u AR o OUT OF A GL NWOOD OLLI LLIEY 1.00 ACRE TRACT IN THE E MpND w o Liberia MA J.W. BULLOCK 3URVEY a v ABSTRACT 7 cn HE E R T E ER (2626, 2646, 2666, NOR z '�, a ' = NORA 2686 HEBERT 3T. A a LELA w AND $246 GARDEN 3T.) LELA =o ce SARAH D f TO STATEWIDE CON30LIDATED f 0-11 z 10 r r k M Y 100 R LUCILLE KE COMMUNITY DEVELOPMENT N r CORPORATION, INC. a ..Y 0 O d H Q LEGEND ti a SUBJECT PROPERTY LOCATION MAP N.T.S. all If— 221LOO 8s� BSI r PLAT B-3 W wt,fir -- --- - ---'° '°°--- P "°"""" . • _`�' N.T.S. TRACT 30 1Z., 0 P LOT' S ¢ 1.00 ACRES LOT' 1 a.. LOT 2 LOT 3- LOT 4' Mrcc o.,..,.rDct Y ,R,1r ann w ►an v am am fo+w cow Ouwr me wtAmm alcme EAST- 229.00 room To)•nuco G.as a K AwWo HEBERT STREET fit2Ppt c .l City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 7, 1999 AGENDA MEMO DATE: August 31, 1999 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a Special Warranty Deed to Beaumont Alumni Chapter, Kappa Alpha Psi. RECOMMENDATION To clear title to the property listed below, the City has been requested to issue a Special Warranty Deed to Beaumont Alumni Chapter, Kappa Alpha Psi. Lots 7 and 8, Block 14 of the Oakwood Addition The administration recommends the execution of a Special Warranty Deed to Beaumont Alumni Chapter, Kappa Alpha Psi. BACKGROUND The City sold the property to Beaumont Alumni Chapter, Kappa Alpha Psi in November of 1996 by a Quitclaim Deed. The owners have a buyer for the property but the title company does not recognize the Quitclaim Deed. The title company states that the Quitclaim Deed is not sufficient for title insurance purposes. BUDGETARY IMPACT None PREVIOUS ACTION The property was acquired by the City through foreclosure of delinquent taxes in 1975. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute a Special Warranty Deed to Beaumont Alumni Chapter, Kappa Alpha Psi. SUBJECT t � • a a �'► a N GR NT 1 -� MSHE�MAN P0 4T6 �2T LOT 7 AND i, BLOCK 14 A a T OF THE OAKWOOD ADDITION MADISON > > TO BEAUMONT ALUMNI CHAPTER VAN B EN a �u KAPPA ALPHA P31. F T = LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY D/S _ A E s/ 10 ! f r f ! f0 N�` W� N.T.S. MR It /4 n • �n to �1 N If N Is rl r 00 is rf a is l/ a VR A 40 3,.aj SO I ! f t f ! b It /7 /6 N /l H I! 11 /! it If I! ALTO A Er. x D City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: September 7, 1999 AGENDA MEMO DATE: August 31, 1999 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary to lease a 1999 Ford Explorer police vehicle from Government Capital Corporation to be used for project titled"Southeast Texas Auto Theft Task Force". RECOMMENDATION Administration recommends authorizing City Manager to execute all documents necessary to lease the vehicle. BACKGROUND On April 20, 1999 the City Council passed Resolution No. 99-127 authorizing the City Manager to apply for a grant from the Texas Automobile Theft Prevention Authority to operate the Southeast Texas Auto Theft Task Force. That grant application was submitted and subsequently approved by the Auto Theft Prevention Authority. The funding included provisions for leasing various vehicles at a rate of$600 per month or $7,200 for the project year (Sept. 1, 1999-Aug. 31, 2000). BUDGETARY IMPACT Funding for the vehicle lease is provided through state grant funds. Potential budgetary impact would generally be restricted to loss of or damage to the vehicle if involved in an accident. PREVIOUS ACTION Resolution No. 99-127 authorizing application for the grant. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager to execute all documents related to the lease of the vehicle for use in the Southeast Texas Auto Theft Task Force. INTER-OFFICE MEMORANDUM City of Beaumont,Texas Police Department Date: September 1, 1999 To: Stephen J. Bonczek,City Manager From: Tom Scofield,Chief of Police f 0 Subject: Southeast Texas Auto Theft Task Force COMMENTS The City of Beaumont is"grant holder"for a project titled"Southeast Texas Auto Theft Task Force". Participating agencies,in addition to the City of Beaumont,are the Jefferson County Sheriff's Office,the City of Port Arthur (Police Department) and the Orange County District Attorney's Office. An interlocal agreement exists between these agencies for operation of the task force. In April, 1999 an application was submitted to the Texas Automobile Theft Prevention Authority requesting grant funding in the amount of$552,734.00. A local match would be provided by the four participating agencies in the amount of$67,615.00 for a total project cost of$620,349.00. Resolution#99-127 was passed by the City Council ( k the City of Beaumont authorizing the City Manager to apply for the grant and authorizing the manager to execute necessary documents authorizing the acceptance of the grant,receiving and disbursing funds,and executing interlocal agreements related to operation of the Southeast Texas Auto Theft Task Force. This resolution was passed on April 20, 1999. The project has a starting date of September 1, 1999 with an ending date of August 31,2000. The budget for the grant included$43,200.00 for the leasing of six vehicles at the rate of$600.00 per month. Lt. J. R. Smith,who is the commander of the Task Force,has contacted Government Capital Corporation in regard to securing a lease for a 1999 Ford Explorer police vehicle. The lease cost would be$600.00 per month as provided in the grant. The starting date for the lease is September 1, 1999 and will end August 30,2000. Documents have been prepared by Government Capital Corporation and submitted to me for review pending City Council approval authorizing you to execute the documents for the lease. Attached is a council agenda item and a proposed resolution to be submitted to the City Council for their meeting on September 7th. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont is the "grant holder" for a project titled Southeast Texas Auto Theft Task Force; and, WHEREAS, the State of Texas through the Automobile Theft Prevention Authority has provided grant funding for operation of the Southeast Texas Auto Theft Task Force; and, WHEREAS, a portion of that grant funding provides for lease of police vehicles to be operated by personnel assigned to the Southeast Texas Auto Theft Task Force; and, WHEREAS, the City of Beaumont as project "grant holder" desires to enter into a lease agreement with Government Capital Corporation for the purpose of securing a vehicle to be used in operation of the Southeast Texas Auto Theft Task Force; and, WHEREAS, the City of Beaumont desires to designate the lease agreement as a "qualified tax exempt obligation" of the City for the purposes of §265(d)(3) of the Internal Revenue Code of 1986 as amended. 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 enter into a lease agreement with Government Capital Corporation for the purpose of securing a police vehicle at a lease cost of Six-Hundred ($600) Dollars per month for the period of September 1, 1999 through and including August 31, 2000. BE IT FURTHER RESOLVED that the lease agreement between the City of Beaumont and Government Capital Corporation is designated by the City as a "qualified tax exempt obligation" for the purpose of§265(d)(3) of the Internal Revenue Code of 1986, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - E City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 7, 1999 AGENDA MEMO DATE: September 2, 1999 REQUESTED ACTION: Council approval of a resolution to award a proposal for a computerized box office ticketing and distribution system. RECOMMENDATION Administration recommends award of a three year contract, with the option to renew for two years to ETM Dillard's Ticketing Systems for providing a computerized box office ticketing and distribution system. BACKGROUND One proposal was received Monday, August 23, 1999, from ETM Dillard's Ticketing Systems for furnishing a computerized box office ticketing and distribution system for the Convention Facilities Division. The system proposed must accommodate up to seventy-five (75) events annually, gross sales of approximately one (1) million dollars, and event ticket sales capacity ranging from 800 to 6,500. All hardware, software, training and support will be furnished by the vendor. In addition to phone sales, the ticketing system must have at least three outlets in Beaumont and one in Port Arthur for ticket sales. Internet access for tickets was also required. Payments for telephone and outlet ticket sales will be made to the City each week. Since 1992, the Convention Facilities Division has contracted with Dillard's Ticketing. A total of 70,769 tickets were sold in 1998 totaling $885,511.07. Total fees paid to Dillards for the 1998 calendar year were $5,449.40. Computerized box office ticketing and distribution system September 2, 1999 Page 2 Seven vendors were notified with two requesting proposal packets and one submitting a bid. A pre-bid conference was held on Friday, August 13, 1999 to discuss the specific ticketing and distribution requirements. BUDGETARY IMPACT ETM Dillard's Ticketing Systems will provide a computerized box office ticketing and distribution system per the fees stated below: Description Inside Sales Charges billed Service Fees charged to Customer to City per ticket sold per ticket sold Box Office Sales .5% No Service Fees Phone Sales 2% $2.50 per ticket plus $2.00 per order Outlet Sales 2% $2.00 per ticket ($.25 rebated to City) Ticket Outlet 25% of service charge for tickets sold Revenue at box office for non Beaumont Convention Facility events PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Central Services Director and Community Services Director. RECOMMENDED MOTION Approve/Deny a resolution accepting a proposal from ETM Dillard's Ticketing Systems for furnishing a computerized box office ticketing and distribution system for the Convention Facilities Division. Fire Station Location Concerns Concern #l: Will property insurance rates increase? No. Relocation of Fire Station 11 will not increase fire insurance premiums for residents in the Charlton-Pollard neighborhood. However, by opening a fire station in the southwest section of Beaumont, the total coverage for the City will be improved. This improvement will help to hold insurance rates at their current levels, and may actually decrease rates for the entire community. Concern#2: Will a Beaumont EMS unit be located in Fire Station 11? Currently, Medic 3 (located on Washington Blvd. near Sabine Pass) is housed in a rented facility. It has been proposed that the unit and crew of Medic 3 be transferred to Station 11. Concern#3: There are a number of target hazards located in or near the Charlton-Pollard neighborhood. Will the residents be insured of adequate protection if the station is moved? By following the Insurance Services Office recommendation on fire station location, BF/RS will be capable of providing 13 firefighters to the majority of the Charlton-Pollard neighborhood within 4 minutes. Concern#4: The Charlton-Pollard neighborhood borders on industrial facilities. It the station were moved, would the neighborhood be adequately protected from the hazards associated with the refinery? Mobil Oil trains their firefighters to meet OSHA standards on advanced fire protection for industrial facilities. BF/RS is a partner with Mobil through a mutual-aid agreement. This movement will have no effect on BF/RS response to Mobil Oil, and should not adversely affect residents. Concern#4: The Charlton-Pollard neighborhood is bordered by railways and underpasses. If the station is moved, will in-coming units be able to access the area? For this area to be completely inaccessible all railways and all underpasses would be blocked or flooded at the same time. To date, this scenario has never occurred. If it is anticipated that an extreme flooding situation is likely to occur, BF/RS can quickly staff ready-reserve fire engines • with off-duty personnel and locate them strategically. • is.... 3.....:i:j;:j .. ..:iii: :•:'::iS :';`.>:'}''j2:i�::ii:2i.:;:+::`::::::ii::Gi ......... .. :ii:•y{<;:}i}i_�::•iii}?::-i:.::iiii%�:::::�.�:::�:::� Chief Michel G. Bertrand September 7, 1999 1 I • Organizational Commitment :..... provide quality; uniform service delivery to all citizens of Beaumont. Our goal is to respond quickly and effectively to all areas of the city within S minutes or less. 2 s • Response Area & Target Hazards • Respond within the City of Beaumont which covers 83 square miles. • Also respond to 16 facilities through service contracts that are in lieu of taxes. • Target Hazard Industries include transportation, manufacturing and a diverse population of service providers that are dispersed throughout the city. • • 3 3 • Current Allocation of Resources • 11 Fire Stations. • First-line equipment: 11 pumpers, 4 aerials. • 3 shifts of 70 persons each. • On any given day, 47 firefighters are needed to fully staff all first line equipment. i 4 4 • .......... ....... ................ . .... .... ... .. ........... .............::.....:�:.:. ................: ........ ...... ..........:.::._:.........+_ssss'i':•a..:a.....:.;:::i:...:..:........"' ':.........:.::.... ..... -iiiii:......::..::._:.:xa:»> first-due response jounc�'ares: s S • Insurance Services Office • A private advisory and service organization that evaluates municipal fire defenses. • ISO simply evaluates the level of fire protection - does not regulate cities as to the level of public protection to be maintained. • ISO recommends that "the maximum response distance for the first due pumper should not exceed 1-1/2 miles." • • 6 6 • .�. :�'� ins istances • Community Fire Protection: Strategic Issues • Current total resource allocation • Target hazards • Water supply & distribution system • Response distance and time to all areas • Number & types of calls for service • Future growth & expansion of community :::::::::::.:::::..:.......:. • 8 s Response Distance & Time • To provide quality & timely service, 5 minutes is the maximum time period that any citizen should expect to wait for BF/RS personnel to arrive on scene. • To ensure that this target is met, the department must analyze historical response time data & forecast future needs based on travel distance, and anticipated commercial & residential growth. 9 9 • Travel Time: Charlton-Pollard Neighborhood Location Sta. l Sta. 3 Dunbar Elementary 3:25 4:59 Pear & Grant* 4:01 4:22 Mobil Main Gate** 5:06 5:06 Continental Grain** 3:57 6:11 *central point ** • 10 10 Travel Time: Southwest Section of City Location Sta. 6 Sta. 10 Dishman Elementary 3:27 5:16 Fannett @ Seale* 5:49 5:12 Downs @ Tyrrell Park 7:09 6:37 Frint @ LaBelle** 6:53 7:22 * central point - ** longest distance • • 11 11 Charlton-Pollard Neighborhood Number & Type of Calls: 1998 Total Percent Emergency Medical Calls 193 72.8% Fire Calls 15 5.7% Other Service Calls 57 21.5% Totals 265 100.0% • • 12 12 Southwest Territory Number & Type of Calls: 1998 Total Percent Emergency Medical Calls 117 44.2% Fire Calls 20 7.5% Other Service Calls 128 48.3% Totals 265 100.0% 13 13 • Future Growth & Expansion Historically, the fire department has redeployed fire stations 5 times to adjust for growth and development of the community. _ y 14 14 Fire Station Redeployment: A Chronological History 1948 - Station 2 redeployed from Gulf& Regent to 4495 Ironton @ Wilson 1949 - Station 3 redeployed from Sabine& Harriott to 3895 Kenneth @ Brockman 1964 - Station 8 redeployed from 7130 Tram to 6297 Hwy. 105 @ Lampman 1981 - Station 9 redeployed from 800 College to 7010 Gladys near Shakespeare 1992 - Station 5 redeployed from Grand @ Concord to 8250 Old Voth Rd. @ Chinn • • 15 15 • Summary • Our commitment is make every effort to respond to every citizen within 5 minutes or less. • Today, 16 firefighters can be on scene in the majority of the Charlton-Pollard neighborhood within 5 minutes or less. • There are areas in the southwest section of the City that we are unable to provide any firefighters on scene within 5 minutes or less. s 16 16 Beaumont Fire Rescue � 1 Fire Districts �IIy1 � T Fire Districts Fire a ' FD10 FD11 —: FD12 0 FD14 FD2 ® FD4 FD6 FD7 FD8 FM d; I }y � L I M Y k s I N 0.7 0 0.7 1.4 Miles Printed January 25, 1999 EXHIBIT A .a 1 � a �d'SS+: Ian � � �► D X 40 _ ug.p�11�yy��e96�� { �1 e wen^ 'v•.ua»`� --�• V 1p� l 1 \ Comparison of Travel Times and Distances • Average :.:Out of On Speed* Station Location Total.. Location&Route (mph) M►[eage Time** Time. ..... . Tune. Charlton-Pollard Neighborhood Dunbar Elementary-E12 35 1.4 :30 2:55 3:25 (College to Park to Royal to Buford to Brooklyn) Dunbar Elementary-E3 35 2.1 :30 4:29 4:59 (Woodrow to Kenneth to Harriot to Irving to Jackson) Corner of Pear&Grant-E12*** 35 1.8 :30 3:31 4:01 (College to Park to Royal to Pear to Grant) Corner of Pear&Grant-E3*** 35 2.0 :30 3:52 4:22 (Woodrow to Kenneth to Harriot to Irving to Grant to Pear) Continental Grain-E12 35 1.6 :30 3:27 3:57 (College to Park to Royal to Buford) Continental Grain-E3**** 35 2.8 :30 5:41 6:11 (Woodrow to Kenneth to Harriot to Irving to Madison to Carroll to Buford) Mobil Refinery Gate-E12**** 35 2.3 :30 4:36 5:06 (College to Park to Royal to Buford to Carroll to Burt) Mobil Refinery Gate-E3 35 2.2 :30 4:36 5:06 (Woodrow to Kenneth to Harriot to Irving to Madison to • Southwest Section Dishman Elementary-E6 50 1.8 :30 2:57 3:27 (Major to Walden to Champions) Dishman Elementary-E10 55 3.5 :30 4:46 5:16 (Washington to I10 to Walden to Champions) Comer of Farmett&Seale-E6*** 55 4.4 :30 5:19 5:49 (Major to Brooks to Fannett to Seale) Corner of Fannett&Seale-E10*** 45 3.2 :30 4:42 5:12 (Washington to 11th to Fannett to Seale) Corner of Downs&Tyrrell Park-E6 50 5.1 :30 6:39 7:09 (Major to Brooks to Fannett to Downs to Tyrrell Park) Corner of Downs&Tyrrell Park-E10 45 4.1 :30 6:07 6:37 (Washington to I Ith to Fannett to Tyrrell Park to Downs) Comer of Frint&LaBelle-E6**** 55 5.2 :30 6:23 6:53 (Major to Frint to Fannett to LaBelle) aof Frint&LaBelle-E10**** 55 5.6 :30 6:52 7:22 gton to 1 Ith to Fannett to Labelle to Frint) *speeds were maintained as closely as possible to 5 mph above the posted speed. **Out of station time=reaction time to dispatch+time to reach engine+time to don protective clothing ***Central location in the area ****farthest distance traveled BARBARA LIMING CITY CLERK CITY CLERK'S OFFICE City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 7, 1999 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS Consider a one year pilot project to provide emergency medical services to the community by a private ambulance company 2. Consider the sale of surplus property to Magnolia Cemetery Company ?J,Zi?'3. Consider additional funding for the Art Museum of Southeast Texas �P,- 4. Consider authorizing agreements with public service agencies that were allocated funds from the U.S. Department of Housing and Urban Development (HUD) 1999 Consolidated Grant Program ?-q-G95. Consider an ordinance amending Ordinance No. 99-47 relating to the structure located at 4396 Sullivan 994J 6. Consider an amendment to the taxicab ordinance which has the effect of removing the requirement for a public hearing before the City Council prior to the issuance of a new taxicab permit OTHER BUSINESS * Status report relating to Fire Station No.I I 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. Claim of Southwestern Bell 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 September 7, 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: September 7, 1999 AGENDA MEMO DATE: August 24, 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 While the City will not spend approximately $450,000 for a City EMS unit, there will be a loss of approximately $200,000 in revenue which results in a net savings, with the Pilot Project, of $250,000 on an annual basis. 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. This issue was discussed at the August 31, 1999 council meeting with council deferring action until September 7, 1999 to acquire additional information on private EMS service. 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. i 2 September 7, 1999 Consider the sale of surplus property to Magnolia Cemetery Company City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 7, 1999 AGENDA MEMO DATE: September 3, 1999 REQUESTED ACTION: Council consider the award of a bid for the sale of surplus property RECOMMENDATION Administration recommends the award of a bid and the approval of the execution of a deed without warranty by the City Manager to Magnolia Cemetery Company for the sale of 3.209 acres of land from the James Drake Survey for $35,501.01. BACKGROUND The property, bordered by Texas, Elm and Pine Streets, was the site of the former Pipkin School. The site was obtained by the City in 1974 and the school was demolished in 1981. Since that time the land has been used by the Public Works Department for storing road materials. Recently, interest was expressed in purchasing the property by adjacent landowners. In accordance with the State of Texas laws governing the sale of surplus real property, the land was offered publicly for sale. Two bids were received on June 21, 1999. Mount Gilead Baptist Church and Magnolia Cemetery Company submitted identical bids in the amount of $25,000. Both bidders were asked to submit a revised sealed bid on July 6,1999. The results of the revised bid are as follow: Company Bid Price Magnolia Cemetery Company $35,501.01 Beaumont, Texas Mount Gilead Baptist Church $35,500.10 Beaumont, Texas Sale of Surplus Property September 3, 1999 Page 2 City Council may, at its discretion, reject the bids submitted for the sale of this property. As an alternative to the bid process, State law provides for cities to dispose of real property by public auction. If desired, a public auction could be held and the property sold for the highest offer presented at the time of the sale. The establishment of a $35,000 minimum acceptance would be prudent for the sale of this property considering past actions. Also, the City is required to publish notice of an auction in a newspaper of general circulation and to allow all interested parties to participate. Based on a Council request, the administration did an inquiry of the bid process to determine if there was any collusion among bidders or other potential irregularities. In response to this review both bidders submitted written statements regarding the bid process (attached). The Central Services Director also prepared a detailed report on the bid process for sale of surplus real property (Memo, July 23, 1999) that was previously provided to Council. As there is no evidence that would indicate the integrity of the bid process was compromised, the administration recommends that Council proceed with awarding the bid for property at 1845 Pine Street. BUDGETARY IMPACT Funds received from the sale of this property will be deposited in the General Fund. PREVIOUS ACTION This item was deferred from the Council Meeting held July 13, 1999. SUBSEQUENT ACTION None RECOMMENDED BY The City Manager and Central Services Director RECOMMENDED MOTION Approve/Deny the awarding of the bid from Magnolia Cemetery Company of$35,501.01 for the purchase of surplus city property at 1845 Pine Street is IIINTER-OFFICE MEMORANDUM ..- K City of Beaumont,Texas Central Services Department Date: July 23, 1999 To: Stephen J. Bonczek, City Manager From: Kirby Richard, Central Services Director rV Subject: Sale of Surplus Real Property- Procedures 1845 Pine Street COMMENTS During the July 13, 1999 meeting of City Council, a resolution awarding the sale of surplus property was recommended for approval. The property,located at 1845 Pine Street, is a 3.209 acre tract which was purchased in 1974 from Beaumont Independent School District. During the Council's consideration of the property's sale, a number of issues were raised concerning the process of this particular sale and the policies governing the sales of real property. The purpose of this memorandum is to provide the policies and procedures used for the sale of property and how they were applied during this specific sale process. The procedures for the sale of city owned surplus properties are dictated and defined by State law in Vernon's Local Government Code, Chapter 272, "Sale or Lease of Property by Municipalities, Counties, and Certain Other Local Governments." The code states the following: "Before land owned by apolitical subdivision of the State may be sold or exchanged for other land, notice to the general public of the offer of the land for sale or exchange must be published in a newspaper of general circulation in either the county in which the land is located or, if there is no such newspaper, in an adjoining county. The notice must include a description of the land, including its location, and the procedure by which sealed bids to purchase the land or offers to exchange the land may be submitted. The notice must be published on two separate dates and the sale or exchange may not be made until after the 14th day after the date of the second publication." State statutes also provide that, "The governing body of a municipality may sell real property owned by the municipality by public auction or by sealed bid." Although there are other provisions addressing the method in which a city may dispose of surplus real property, they are not applicable to this specific sale. A notice concerning this sale was published in the Beaumont Enterprise by the City Clerk's Office on June 7 and June 14, 1999. The notice provided the location of the property and the procedure that must be followed to successfully submit a bid. In addition,a letter of sale notification was mailed to all property owners within 200 feet of the city owned property. Notification to surrounding property owners is not required by State law but is done to enhance the competitiveness of the bidding process and as a courtesy to the adjacent neighbors. Sale of Surplus Property-Procedures . July 22, 1999 Page 2 In response to the notice, six potential buyers requested bid packets. Those requesting packets are as follow: • Mount Gilead Baptist Church • Mr.Cleveland Nisby • Mr.Charles Nance • Mr. Billy DeRouren • Magnolia Cemetery Company • Mr.Alfred Haynes The bid packet was prepared and distributed by the Purchasing Division. The packets provided potential bidders with information concerning the property,such as a description of the property detailing the acreage,location,former use, legal description and a plat of the property. General information, including the time and date of the bid opening, location of bid opening,and bid submittal instructions was also detailed in the bid packet. A copy of this packet is attached for your further reference(Attachment"A"). - Bidders were instructed to submit their sealed bids to the City Clerk's Office on or before 2:00 p.m.Monday,June 21, 1999. Two bidders submitted bids to the City Clerk's Office on the bid opening date,June 21. The City Clerk or her designee records the time and date that the sealed bids are received in their office. According to their records, Mount Gilead Baptist Church's sealed bid was received at 10:07 a.m. and Magnolia Cemetery Company's bid was received at 10:38 a. m. Both sealed bids were placed and kept on file in the City Clerk's fire proof vault until the 2:00 p. m. bid opening. Bids remain in the possession of the City Clerk's Office until they are opened and read publicly. An ordinance was passed by City Council in 1974 which requires the City Clerk to advertise for bids in accordance with the city's charter. The ordinance relates to formal bid openings and also states the following: "Bids shall be opened by the City Clerk or his designated representative at a public place and time as set out in the advertisement for bids. All bids shall be opened in the presence of the City Manager, the City Attorney, and the City Clerk, or their designates." According to the minutes of the 2:00 p. m. bid opening held on June 21, 1999, a representative from the City Attorney's Office, the Purchasing Division and the City Clerks's Office assembled in City Council Chambers for the public opening and reading of the bids. Since the mid 1980's,the City Manager has been represented by staff from the Purchasing Division. No representatives from the church nor the cemetery were present. The two sealed bids, along with bids received for other purchases, were opened by a representative of the City Clerk's Office and read aloud by the Purchasing Manager. The two bids received for the sale of the surplus property were identical in the amount of$25,000. State law does not address the award of tie bids for the sale of city owned property. In order to provide an equitable and competitive process to determine the award,both vendors were invited to submit a revised bid to the City Clerk's Office on or before 11:00 a. m. Tuesday,July 6, 1999. The request for the revised bid was open only to the two bidders and was discussed with a representative from each concern prior to implementation. According to the City Clerk's record, a sealed bid from the Mount Gilead Baptist Church was submitted to and received by the City Clerk's Office on Friday,July 2, 1999 at 10:34 a.m. At 11:20 a.m.on the same date,a sealed bid was submitted to and received from the Magnolia Cemetery Company. Upon receipt,each bid was officially recorded and immediately placed in the office's vault. The bids were not removed until the day of the bid opening. The revised sealed bids were opened by a designate of the City Clerk, in accordance with city ordinances, in the Sale of Surplus Property-Procedures July 22, 1999 Page 3 presence of a representative from the City Attorney's Office and the Purchasing Division at 11:00 a.m.Tuesday, July 6, 1999. Upon their opening,the bids were read publicly by the Purchasing Manager. No representatives from the church nor the cemetery were present at this bid opening. The revised bids received were in the amounts of$35,501.01, submitted by Magnolia Cemetery Company, and $35,500.10, submitted by Mount Gilead Baptist Church. We have investigated the procedures,laws,and factual background attendant to the receipt,by the city,of the bids for the sale of the surplus property known as 1845 Pine Street. This investigation, which was limited to the city's activities associated with this matter, showed no impropriety nor deviation from current accepted practices and procedures. The two bidders were also contacted and asked to submit,in writing,a brief description of how they determined the appropriate bid amount for the purchase of the property. A copy of the letter received by Magnolia Cemetery is attached for your review(Attachment"B"). The Mount Gilead Baptist Church did not submit a response. For your information, Chapter 11. Taxable Pr and Exemptions of . Vernon's s Texas Statutes states that, An organization that qualifies as a religious organization as provided . . . is entitled to an exemption from taxation of- (]) the real property that is owned by the religious organization, is used primarily as a place of regular religious worship, and is reasonable necessary for engaging in religious worship." If the property were sold to the Mount Gilead Baptist Church, it would be exempt from property taxes and no tax revenue would be derived. Also,State statutes assert that publicly dedicated cemetery property is exempt from ad valorem taxation,regardless of the taxpayer's corporate character,once cemetery property is dedicated as required by State Health and Safety Code, it is no longer held for profit, and could only be used for human burial. According to information provided by the Magnolia Cemetery Company,they are already a non profit cemetery. In order for the property to be exempt from taxation,it must be dedicated by the State and burial activities commenced at the site. The cemetery company does not plan to have the site operational for approximately five years. Until such time, the city would receive ad valorem tax revenues from the property. If there is any additional information required,please call. Attachments SALE OF CITY OWNED SURPLUS PROPERTY FORMER PIPKIN SCHOOL SITE J. Drake Survey,City Plat V Tracts 39-41,45 and 48-50 ATTACHMENT "An NOTICE TO BIDDERS Sealed bids will be received by the City Clerk of the City of Beaumont, 801 Main Street, Room 125, until 2:00 PM local time Monday, June 21, 1999 and all bids will be opened and publicly read in the City Council Chambers on that date for: SALE OF CITY OWNED SURPLUS PROPERTY FORIN ER PIPKIN SCHOOL SITE - 1845 PINE, BEAUNIONT, TEXAS (PROPERTY BORDERED BY TEXAS, ELM & PINE STREETS) Bidding forms, instructions and all necessary information may be obtained from the Purchasing Division, City Hall, 801 Main Street, Room 315, Beaumont, Texas 77701. Bids shalt be returned to the Citv Clerk's Office, 801 Main Street Room 125 at the above stated time The City reserves the right to reject any or all bids or to accept any bid or combination of bids deemed advantageous to it. Bidders requesting bid packets should call the Purchasing Division at (409) 880-3720. Please make reference to Bid Number KF0699-01. BID CLOSING DATE: June 21, 1999. Barbara Liming City Clerk First Publication: Monday, June 7. 1999 Second Publication: Monday, June 14, 1999 INSTRUCTIONS TO BIDDERS 1. Bid Form: Bids must be submitted on the bid form attached to this Invitation to Bidders, and all information and certificates called for thereon must be furnished and must be written in ink or -b,,;pcNN itten. BIDS SUBMITTED IN ANY OTHER MANNER OR WHICH FAIL TO FURNISH ALL INFORMATION OR CERTIFICATES REQUIRED MAY BE REJECTED. 2. Bid Envelope: Envelopes containing BID FORMS must be seated and addressed to the City Clerk, Citv of Beaumont, 801 Main Street, Room 125, P. 0. Box 3827, Beaumont, Texas 77704. A Bid Envelope will be issued with each bid packet. If responding with other than the envelope provided. bids must be sealed and addressed to the City Clerk,City of Beaumont, 801 Main Street, Room 125, P. 0. Box 3827, Beaumont, Texas 77704. 1 Late Bids: A late bid is one received after 2:00 p.m. local time; at the time and place of bid opening as stated. The decision as to the correct time for the opening of bids shall be made by the City Clerk of the City of Beaumont, and her decision shall be final. NO LATE BID WILL BE RECEIVED. It shall be the responsibility of each bidder to assure himself that his bid has been received by the Office of the City Clerk prior to the opening of bids. Negligence,whether by the Post Office,by the Bidder, or by the City or an agent thereof, shall not constitute an exception to this provision. 4. Execution of Bids: The bid must be executed,personally,by the bidder,or if executed by an agent, a power of attorney or other evidence of his authority to act on behalf of the bidder shall be sent with the bid. If the bidder is a corporation,the Certificate of Corporate Bidder must be executed under the corporate seal by some duly authorized officer of the corporation other than the officer signing the bid. 5. Waiver of Informalities: The City may,at its election,waive any minor informality or irregularity in bids received or reject any or all bids. 6. Receipt and Opening Bids: Sealed bids will be received in the Office of the City Clerk,City Hall, 801 Main Street,Room 125,until 2:00 PM, local time,Monday,June 21, 1999 and all bids will be opened and publicly read in the City Council Chambers on that date. t 7. Determination and Notification of the Selected Bidder: At a City Council meeting after the date on which bids are received, the Council will consider a tabulation of such bids and the recommendation from the Central Services Department. The Council will then determine the selected bidder,if any,and a resolution will be passed confirming that determination and authorizing the City ..Manager to execute a Deed Without Warranty,a copy of which follows as Exhibit `B',conveying to the selected bidder the land offered by the City for sale. The Purchasing Division will give written notice to the selected bidder of the Council's determination. 8. The Cite reserves the right to reject any and all bids received or to accept any bid or combination of bids deemed advantageous to it. 2 TERMS OF SALE 1. Description of Property: The subject property is a+3.209 acre tract of land and in the J. Drake Survey of the City of Beaumont, Jefferson County,Texas, bounded by Pine Street to the east, Elm Street to the north and Elm Street to the west, further described by a metes and bounds survey which follows as Exhibit `A'. The property is presentlyzoned R-M-H (residential, multi-family, highest density). 2. Condition of Property: The property is offered for sale and will be sold "As Is," without representation or guarantee as to quantity, quality,character,condition, size or kind. or that the same is in condition or fit to be used for the purpose for which intended, and no claim for any allo«.ance or deduction upon such grounds will be considered after the bids have been opened. 3. Revocation of Bid and Default: In the event of revocation of a bid after the opening of bids but prior to acceptance, or in the event of revocation of a bid after notice of acceptance,or in the event of any default by the successful bidder in the performance of the contract of sale created by such acceptance, or in the event of failure by the successful bidder to consummate the transaction, any deposit,together with any payments subsequently made on account,may be forfeited at the option of the City,in which event the bidder shall be relieved from further liability,or,without forfeiting any said deposit and payments,the City may avail itself of any legal or equitable right which it may have under the bid or contract of sale. 4. Title Evidence and Survey: The Deed Without Warranty conveying the subject property to the successful bidder will be prepared using the metes and bounds legal description provided as Exhibit Whereto. Any title evidence which may be desired by the successful bidder will be procured by him at his sole cost and expense. It is understood that the City will not be obligated to pay for any expense incurred in connection with title matters or survey of the property. 5. Closing: The successful bidder shall,on a mutually agreeable date,not later than twenty-one (21) days after Council's acceptance of the bid, during normal business hours, tender to the Cit}, the purchase price in the form of cash,cashier's check,certified check or money order payable to the City of Beaumont. Upon such tender being made by the successful bidder,the City shall deliver to the 3 successful bidder the Deed Without Warranty. All instruments of conveyance shall be placed on record at the Jefferson County Courthouse at the successful bidder's expense. 6. Reservations of Conveyance: Conveyance of the City's interests will be made subject to any and all .nil, gas and other mineral reservations, conveyances, leases and devices of record, any and all restrictions, covenants and easements of record, relating to or affecting the property as described herein, and any and all easements relating to or affecting the above-described property which are apparent on the ground or which a careful survey and examination on the ground would show. Further, NO WARRANTY or GUARANTEE is made as to the square footage included within the subject property. Property will be conveyed by a"Deed Without Warranty." No property conveyed herein shall be exempt from any permit or license required by the City or any other governmental agency for use of such property. 7. Ad Valorem Taxe • By acceptance of a Deed Without Warranty from the City of Beaumont, the selected bidder is put on notice that the land conveyed to him Mill thereafter be subject to assessment for all taxes. 8. If further information is required,questions should be directed to: City of Beaumont- Purchasing Dii-ision Kathy Martin, Property Administrator 801 Main Street, Room 315 Beaumont, Texas 77701 (409) 880-3720 (409) 880-3747 fax E-mail: bmtpu@sat.net GAPU\P99FW069901.SP 4 1 I VI a ti ro Or CL � O L _ i i JI' UE.AUNON'I m N N K I N R T H 1 • rr v m � u ,. 5 C H 0 O L \ \ 1 \ ® O o ro ov � o I �\ TEXAS Ol NaRTH N 0 R T N I t Q L_— LEGAL DESCRIPTION EXHIBIT `A' FORMER PIPKIN SCHOOL SITE Page I of 2 BEING a 3.209 acre tract of land out of the James Drake Survey in Beaumont.Jefferson County,Texas, and being more particularly described by metes and bounds, as follows: BEGINNING at a concrete monument in the South line of Elm Avenue and the East line of Texas Avenue,said concrete monument locating the Northwest and the beginning corner of the tract of land herein described: THENCE South 25 degrees 02 minutes East with the East line of Texas Avenue 165.79 feet to a concrete monument locating the beginning point of a curve to the right whose central angle is 25 degrees 2 minutes and whose radius is 322.928 feet: THENCE in a Southeasteriv direction with the East line of Texas .avenue and the arc of said curve an arc distance of 141.09 feet; .THENCE South«ith the East line of Texas Avenue 297.01 feet to an iron pipe found in a fence corner; THENCE North 87 degrees 42 minutes 30 seconds East with a chainlink fence 346.91 feet to an old iron pipe found in the West line of Pine Street; THENCE with the West line of Pine Street the following courses and distance: North 13 degrees 40 minutes 30 seconds West 60.15 feet North 24 degrees 41 minutes 30 seconds West 60 feet; North 34 degrees 52 minutes West 60 feet to a concrete monument; THENCE North 40 degrees 07 minutes West with the West line of Pine Street 116.38 feet to a steel rod placed locating the beginning point of a curve to the right whose central angle is 35 degrees 11 minutes and whose radius is 238.549 feet; THENCE in a Northwesterly direction with the West line of Pine Street and with the arc of said curve an arc distance of 146.48 feet to a concrete monument; THENCE North 4 degrees 56 minutes West with the West line of Pine Street 207.25 feet to a steel rod; THENCE North 8 degrees 05 minutes West with the West line of Pine Street 79.1 feet to an iron pipe in the South line of Elm Avenue; THENCE South 64 degrees 05 minutes West with said South line 118.1 feet to a steel rod found for comer; THENCE South 16 degrees 26 minutes East,.vith the apparent East line of a small tract of land, 58.4 feet to a stake for corner; 5 LEGAL DESCRIPTION EXHIBIT `A' FORMER PIPKIN SCHOOL SITE Page 2 of 2 THENCE South 88 degrees 53 minutes 14 seconds West with a fence line 110.93 feet to a stake for corner: THENCE-North 52 degrees 22 minutes 57 seconds West 17.37 feet to the place of beginning,containing 3.209 acres of land. NOTE: This conveyance is made subject to the easement from Beaumont Independent School District to the Cite of Beaumont,dated December 12, 19-56, and recorded in Volume 1055, at Page 272 of the Deed Records of Jefferson County, Texas. 6 STATE OF TEXAS § EXHIBIT `B',Page 1 of 2 COUNTY OF JEFFERSON § DEED WITHOUT WARRANTY KNOW ALL PERSONS BY THESE PRESENTS that the CITY OF BEAUMONT. a municipal corporation domiciled in the County of Jefferson, State of Texas,hereinafter called GRANTOR for and in consideration of the sum of (N�Titten amount) ($ fi--ures )and other good and valuable consideration, the receipt and sufficiency of which is hereby acknoxrledged, has GRANTED, SOLD and CONVEYED,and by these presents does GRANT,SELL and CONVEY unto(successful bidder), hereinafter called GRANTEE,of the County of Jefferson, State of Texas,whose mailing address is ; Beaumont. Texas all that certain tract or parcel of land in the County of Jefferson; Texas,described in the following Exhibit"A." This conveyance is expressly made subject to all zoning laws and to restrictions, covenants, conditions,easements and mineral and/or royalty reservations,if any,affecting the property. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto anywise belonging unto the said GRANTEE and GRANTEE'S successors or assigns forever. But it is distinctly understood and agreed that this conveyance is made and accepted without covenants or warranty of any kind,either expressed or implied. EXECUTED this day of 1999. THE CITY OF BEAUMONT By: City Manager 7 DEED WITHOUT WARRANTY EXHIBIT`B', Page 2 of 2 (Corporate Acknowledgment) STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on this day of 1999 by the City Manager of the City of Beaumont, on behalf of said City of Beaumont. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of . 1999. A.D. By: Notary Public, State of Texas RETURN COPY OF RECORDED DEED TO: City of Beaumont Kathy Martin,Property Administrator P. 0. Box 3827 Beaumont, TX 77704 (409) 880-3720 s PROPOSAL To: City Clerk BIDS DUE: Monday, June 21, 1999 City of Beaumont 801 Main Street, Room 125 Beaumont, Texas 77701 The undersigned, in compliance with (1) the terms and conditions of the Notice to Bidders, (2) the Instructions to Bidders. and (3) the Terms of Sale, all of which are incorporated as part of this bid, hereby offers and agrees that if this bid is accepted within thirty (30) calendar days after the date of bid opening, to purchase the property located as above described, for the price of: (Written amount) (Figures) payable in cash upon closing. The City reserves the right to reject any or all bids or to accept any bid or combination of bids deemed advantageous to it. Bidder's Signature Print Name Address City/State/Zip Telephone BID SHEET NO, 1. PAGE 2 DATE OF DELIVERY AFTER RECEIPT OF ORDER WARRANTY Receipt is hereby acknowledged of the following addenda to the Specifications: Addendum No. 1 dated Received Addendum No. 2 dated Received DOES YOUR BID MEET SPECIFICATIONS? YES NO IF NO IS INDICATED, ATTACH SHEET INDICATING EXCEPTIONS PLEASE CHECK THE FOLLOWING THAT WILL APPLY TO YOUR COMPANY: Ownership of firm (51% or more) Non-Minority Hispanic Black Other Minority (please specify) Female Owned Handicapped owned Small Business (less than $1,000,000 annual receipts or 100 employees) CERTIFICATE OF CORPORATE BIDDER BIDDERS [, CERTIFY THAT I AM The undersigned affirms that they are duly authorized to (title) OF THE CORPORATION execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in NAMED AS BIDDER HEREIN; THAT collusion with any other Bidder,and that the contents of this WHO SIGNED THIS BID ON BEHALF OF THE bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any BIDDER, WAS THEN (title)OF SAID employee or agent to any other person engaged in this type CORPORATION;THAT SAID BID WAS DULY SIGNED of business prior to the official opening of this bid. FOR AND ON BEHALF OF SAID CORPORATION BY AUTHORITY OF ITS GOVERNING BODY AND IS Vendor WITHIN THE SCOPE OF ITS CORPORATE POWERS. Address SIGNATURE OF OFFICER TYPE OR PRINT NAME Bidder (Signature) TITLE OF OFFICER Bidder (Print Name) Position With Company (Title) STATEMENT( ATY CHARTER 9EL 11.CONDITIONS OF BIDDING PROVISION ON CONFLICT OF INTEREST REVISED 5/14/99 FAILURE TO COMPLY WITH THESE GENERAL CONDITIONS OF BIDDING MAY RESULT IN THE BID The following provision was ado;xed in an effort to avoid BEING DISQUALIFIED. potential conflict of interest with prospective bidders and I BIDDING: City employees or officers in the awarding of City A. All bids must be on blank forms furnished contracts: by the Purchasing Division, and must be 1. NO officer, elected or appointed, or other written in ink or by typewriter. Pencil quotations will not be considered. The bid employee of the City shall have a financial must be executed personally by the bidder, interest, direct or indirect, or by reason of or, if executed by an agent, a power of ownership of stock or share exceeding one attorney or other evidence of his authority to percent(1`k)in a business entity contracting with act on behalf of the bidder should be sent the City. Nor shall such officer or employee be with the bid. If the bidder is a corporation, financially interested, directly or indirectly, in the the certificate of corporate bidder must be sale to the City of any land, materials, supplies or executed under the corporate seal by some services from such business entity, except on duly authorized officer of the corporation behalf of the City in his official capacity as an other than the officers signing the bid. By execution of the bid, the bidder accepts all officer or employee. general arid special conditions of the contract 2. Any willful violation of thus provision shall and the specifications. constitute malfeasance in office and any officer or B. MfE.4!�'n DATE: Formal bids must be in employee guilty thereof shall thereby forfeit their the office of the City Clerk by 2:00 p.m., office or position. local time, on the day bids are due: unless otherwise specified. an early postmark will 3. Any violation of this section with the knowledge not suffice_ Be sure you have allowed ample expressed or implied of the person or business time for postal delivery. The City will not entity contracting with the City shall render the be responsible for the delivery of your bid to contract involved null and void. (Beaumont City the office of the City Clerk. If you choose w sad your bid by postal delivery[hen it is Charter, Article XVII,Section 9.) recommended that you call the City Clerk's office to verify receipt of your bid prior to I, (name)have bid opening. A return envelope and/or label is furnished for your convenience. Informal read and hereby understand the aforementioned Beaumont bids are due at the date and time stated in the City Charter provision prohibiting conflict of interest bid document. between City employees or officers and prospective bidders C. wffHDRAR'AL OF BID: A bidder may withdraw his proposal before council in the award of City contracts. I affirm to the best of my acceptance of his bid without prejudice to knowledge and belief, that there is no conflict of interest himself, by submitting a written request for its withdrawal to the City Clerk. between the herein stated person or business entity and any D. Bids should show net prices,extensions and City officer or employee if a City contract is awarded. I net total. In case of conflict between unit further state that I have no outside interests that conflict or price and extensions, the unit price will govern. suggest a potential conflict of interest with the City. I E. No change in price will be considered after understand that knowledge, express or implied, or bids have been opened. concealment of such material fact could nullify and void any F. Unless otherwise specified, any catalog or such City contract awarded. manufacturer's reference or brand name used in describing an item is merely If I am awarded this contract, I herein agree to descriptive, and not restrictive, and is used report promptly any further situation that might involve or only to indicate type, style or quality of material desired. If a bidder quotes on an appear to involve me in any conflict of interest with the article other than the one specified,which he considers comparable, the name and grade City. SIGNED this the_day of 1999. of said article must be specified in the bid and sufficient specifications and descriptive data must accompany same to permit thorough evaluation. In the absence of these NAME qualifications, he will be expected to furnish the article called for. TITLE G. If this proposal is altered, any erasure or alteration of figures on the item on which the erasure or alteration is made must be initialed by signet of this proposal. H. Bids will. .e considered in cases in which B. When specifications expressly call for a bid bidder quotes an item price and also an deposit,the deposit may be in the form of a altemate price on the proposed substitute cashier':dick,cash,a certified check made item,except in cases in which alternate bids payable to the City of Beaumont or a bond. are called for. The bond shall be executed by a surety authorized by the Texas State Insurance 1. All bids are to be delivered not later than the Commission and must be signed by both the time stated in the specifications, F.O.B. surety and the bidder. Beaumont,Texas unless otherwise stated in the specifications and/or bid form. C. An envelope is enclosed marked 'Bid Deposit'. When specifications call for a bid J. Bidders are invited to be present at the deposit,it should be placed in a separate bid opening of bids. After opening,bids may be envelope and enclosed with your bid. inspected in the Purchasing Division Office. Should your bid deposit not be acceptable to the City,your bid will be returned. K. If there is an honest mistake in the bid.due to clerical errors, and the bidder calls 5. DELIVERIES: attention thereto promptly, he will trot be bound by the bid. A. Unless otherwise stated in the bid form or specifications,deliveries must consist only of L. Where the mistake was a result of bidder's new and unused merchandise. negligence, and City has no knowledge of the mistake when bids were opened, and B_ Full fare must be allowed and no charge contract awarded,he will not be released and made for packages. shall be bound by the bid. C. In the event that the deliveries of the supplies M. If a mistake is not discoverable and covered in the proposal are not made within verifiable by the City, bidder's incorrect the number of days specified,or in the event interpretation of Engineering specifications that the supplies delivered are rejected,and set forth in a construction contract will not are not removed and replaced within the release him from his obligations once a number of days specified in the official contract has been awarded by City Council notice of rejection, the City reserves the and bidder has received notice of such right to purchase said supplies in the open award. market. Upon any such breach of contract, the City reserves the right to proceed against N. The City will not accept formal bids through the successful bidder and/or the surety on his facsimile equipment due to the requirement bond for any and all damages occasioned by that the bid be sealed. the breach. 2. TAXES: 6. REJECTIONS: A. The City is exempt from the Federal Excise A. Articles not in accordance with samples and and Transportation Tax, and the Limited specifications must be removed by the bidder Sales and Use Tax. Unless the bid form or at his expense. All disputes concerning specification specifically indicates otherwise, quality of supplies delivered under this the price bid must be net exclusive of above proposal will be detemrined by the City mentioned taxes, and will be so construed. Purchasing Manager or his/her designated A vendor desiring refunds of,or exemptions representative. from taxes paid on merchandise accepted by the City,must submit the proper forms. The B. All articles enumerated in the proposal shall Purchasing Manager, if satisfied as to the be subject to inspection or delivery by an facts, will approve or issue the necessary officer designated for the purpose and if certificates. found inferior to the quality called for, or not equal in value to the department's 3. AWARD: samples, or deficient in weight, measurements, workmanship or otherwise, A. The City reserves the right to consider and this fact shall be certified to the Purchasing make awards of bids on articles of similar Manager who shall have the right to reject nature that in all respects will serve the the whole or any part of the same. purpose for which the purchase is being made. The City reserves the right to be the 7. BILLING: sole judge as to whether such articles will serve the purpose. A. All bills are subject to approval by the Purchasing Manager. B. Unless otherwise specified,the City reserves the right to accept or reject in whole or in 8. PATENTS: part any bid submitted or to waive any A. The contractor agrees to indemnify and save informalities in the best interest of the City. harmless the City,the Purchasing Manager, and his/her assistants from all suits and 4. BID DEPOSIT: actions of every nature and description brought against it or any of them,for or on A. No bid deposit will be expected of bidder account of the use of patented appliances, VWes1 specifications expressly provide products or processes, and he shall pay all otherwise. royalties and charges which are legal and equitable —:vidence of such payment or 16. I<Q1%-_ .BIDDER CONSIDERATION satisfaction shall be submitted,upon request of the Purchasing Manager, as a necessary A. Should bids for goods and/or conurrodities requirement in connection with the final be received from a local vendor and an out estimate for payment in which such patented of town vendor, a sales tax impact analysis appliances,products or processes are used. formula shall be applied to the local vendor's bid. If it is determined by this formula that 9. CONDITIONS PART OF BID: the local vendor's bid generates more sales tax revenue to the City than the difference A. The general conditions of bidding defined between the two bids,award may be made to herein shall be a part of the attached bid. the local vendor. 10. ,CONTRACT: A. No formal contract will be executed. The following will comprise the contract between the City and the successful bidder. 1. Notice to bidders. 2. General specifications. 3. General conditions to bidding. 4. The bid. 5. Resolution awarding the bid. B. In case of conflict.the specifications shall be controlling. H. OSHA REQUIREMENTS: A. The vendor or contractor hereby guarantees to the City of Beaumont, Texas, that all material.supplies and equipment as listed on the proposal, contract or purchase order meets the requirements, specifications and standards as provided for under the Federal Occupational Safety and Health Act of 1970, as amended and in force at the date hereof. 12. BIDS: A. Bids must remain firm for thirty (30) days from bid opening date to allow for award by Council unless otherwise specified. 13. DISCOUNTS: A. Prompt payment discounts will be considered in making the award provided the period of the discount offered is sufficient to permit payment within such period in the regular course of business (minimum 10 days). - Prompt payment discounts will not be considered for contract purchases. B. In connection with any discount offered, time will be computed from the date of receipt of supplies or services or from the date a correct invoice is received,whichever is the later date. Payment is deemed to be made on the date of mailing of the check. 14. DISCLOSURE FORMS:. A. All forms must be signed and returned with your bid sheet. 15. EXCEPTIONS: A. If exceptions are being taken to any part of specifications,have them listed separately on your letterhead and manually sign it. �aynolia Cemetoy Established 1887 2200 PINE STREET PHONE(409)832-5741 P.O. BOX BEALIMONT,TEXAS S 77704-1734 r 11 I��I)9 3 July 14, 1999 r LNow 'd38 10 ,U13 City Manager Stephen Bonczek City of Beaumont P.O. Box 3827 ('���i� t1 Beaumont, Texas 77704 GG !! Dear City Manager Bonczek, As an officer and volunteer with Magnolia Cemetery Company, I would like to respond to the concerns of the Council pertaining to how the amount of the bid proposals were determined. These bids were in response to a letter from the City of Beaumont soliciting bids in the city's attempt to auction off a 3.2 acre tract on the sited of the old Pipkin School. After a lengthy discussion at our Board of Directors meeting held on June 17, 1999, it was decided that the cemetery would submit a bid of$25,000. It is not hard to imagine two parties may have identical bids considering it is such a round number. In a phone poll of Directors conducted between June 29 and July 1, it was agreed that our 2nd bid should be at least $35,000. Since the first bids ended in a tie, the Board gave me the flexibility to determine the final bid. I felt that this bid should not end in an even number, and "out of the air" I pulled the number submitted in our bid proposal. The bid sheet was filled out and signed by me on July 1, and submitted to the city on July 2. (I was leaving town that evening for 5 days.) After the first bids ended in a tie and in an effort to possibly work out some sort of compromise, we did schedule a meeting with O. E. Whitaker, Sr., Pastor of Mount Gilead Missionary Baptist Church. It was obvious from that meeting that the church was not interested in any compromises. Magnolia Cemetery is, as it has been, a vital park in the memorialization of an entire community. The only tie my family has to the cemetery is that, like many families in Southeast Texas, our family is buried there. It is the only Non Profit Perpetual Care cemetery in this region of Texas. All that own space in the cemetery are considered to be stock holders, and are invited to an annual election of Directors for the Board. As the duly elected Board, we believe in not only protecting and beautifying the burial space of our families and ancestors, but ensuring that even though the large companies and consolidators continue to expand their profits by raising their prices, every family will have an affordable place to be buried. ATTACl1MM "B" There was no collusion in the bid process, nor was there any wrong doing by the city staff opening the proposals. It is obvious by the odd amount submitted from the church on the 2n° bid process, they also felt it needed to be an odd number. Consequently, it was all just coincidence. Please follow through with the bid process by accepting the highest bid. Sincerely, - Tom Broussard President, Magnolia Cemetery Company Cc - Board of Directors Lan Phelan C. A. "Pete" Shelton Hubert Oxford, III Lum Edwards, III Bob Wortham Andre Comeaux Nedra Magee Alex Broussard M Mount Gilead Missionary Baptist Church P.O.Box 989 -710 IH 10 East Beaumont,Texas 77704-0989 (409) 832-7594-(409)832-8617- Fax(409) 839-4550 July 22, 1999 Anderron-Goudeaus Family Life Center Rev.Oliis E.Whitaker,Sr. City Manager Senior Pastor Beaumont, TX 77704 Raymond Sweat Dear Mr. Bonczek, Chairman, Deacons This letter is to inform you as to how we calculated the square footage of the C.J.Isom Pipkin School property to get the bid of $35,500.10. We use the square Assistant Chairman footage of the property times 25°io, which is $32,670 and we rounded that off to $35,500.10. McKinley Porter Administrator We have several reason why we would like to purchase that property, the 1`` David Pugh,Sr. reason is that we are in the process of preparing to build our sanctuary on the Evangelism front side of the building and by doing that we will eliminate 100 parking spaces. Therefore, in order to have ample parking for people we placed the .J.W.Albert Iv bid on the Pipkin School property. We have already purchased the property Music on the south side of said property so it would be easy for us to tie the two A.J.Scott, Jr. properties together. The fd reason for said property is to build a facility for A.C.T.S. our Senior Adults to meet; a shelter for our Ministry-One Church, One Addict, to be able to have a place to help the people that come to them with Ella Mae Guidry Church Secretary drug, alcohol and other problems, because at this time for them to get the help they need to get cleaned up, we have to send them to Houston. Most of Cathey Billups these people do not have insurance. Our 3`d and final reason why we want Finance Secretary the said property, is that it is apart of our heritage. Most of the people here at Mount Gilead attended school there, either as a student or a teacher. So we are asking you as City Manager and also the City Council to consider Mount Gilead in your decision so that we could keep this property apart of the living so that we can keep the heritage going on for generations to come. We would like to invite you and the City Council to come and look at what we have already started toward building a bigger and brighter future here in Beaumont. With that property you will also be apart of building the future for generations to come. Thank you for you time and consideration in this matter. Yours in Christ, \\V<<.c"..4-\ RECEIVED McKinley Porter, Administrator The Servant Church: JUL 2. 2 IW9 Serving God Through Serving Man CITY OF BEAUMONT EKECUTIVE OFFICE REAUD, MORGAN & QUINN, INC. Glen W. Morgan LAWYERS Wayne A Reaud Cris Quinn Of Counsel Bob Wortham 801 Laurel Street Richard J. Clarkson P. 0. Box 26005 Curtis W. Leister Beaumont,Texas 77720-6005 Phone(409)838-1000 Mary F. Bradford Fax(409)833-8236 John Werner David W. Ferrell J. Trenton Bond Sally A- Gary Joseph D. Deshotel August 10, 1999 Mayor avid W. Moore � y City o eaumont G P. O ox 3827 B umont, TX 77704 Dear Mayor Moore: I am in support of the letter written July 14, 1999 addressed to you by Tom Broussard, President of Magnolia Cemetery Company. We are all voluntary board members and receive no remuneration for our services to the board. Our primary concern is perpetuating Magnolia Cemetery and its service to our community. The City of Beaumont made a business decision to post some property for sale by sealed bid. Magnolia Cemetery became involved in the process and without going through all of the details, we were the high bidder. The purpose of sealed bids is so no party will have an advantage and each side can offer an amount of money they feel would be fair and just for the purchase of the property. The intent of the sealed bid process is that the highest bidder will buy the property. You can look at the prices bid by both sides and see that each side was putting in figures that could possibly serve as a safe-guard that might give them an advantage on a very close bid. When the church bid $35,500.10 it is very obvious that they added the $.10 so that if we bid $35,500, they would be the higher bidder and would be able to buy the property. That was not the case. Our bid of $35,501.01 was the highest bidder. The City of Beaumont established the procedure, created the bid process and we prevailed. For the City of Beaumont to now withdraw and to come up with some other method by which to sell the property would affect the credibility of the City of Beaumont. Why would anyone ever be interested in becoming involved in a sealed bid process with the City if the person that is not the high bidder is able to have the process thrown out because they are overbid? If we had been overbid by $.10, they would have prevailed and the church would have purchased the property. Fair is fair and the property should be sold to Magnolia Cemetery. The city 0 council requested that we try to work out a compromise with the church. The church has no interest in a compromise. Therefore, the only alternative is for the property to be sold to the highest bidder, which is Magnolia Cemetery. 990729 L>D.Moore mis Mayor Moore August 10, 1999 Page Two If you have any questions or concerns, feel free to contact me at your convenience at(409)838-1000. Very truly yours, REAUD, MORGAN & QUINN, INC. BY ------------------------ Bob Wortham BW/mis cc Board of Directors of Magnolia Cemetery Company: Lan Phelan C. A. "Pete" Shelton Hubert Oxford, III Lum Edwards, III Bob Wortham Andre Comeaux Nedra Magee Alex Broussard cc /ity Councilmen of City of Beaumont 990729 L>D.Moore mis ! 3 September 7, 1999 Consider additional funding for the Art Museum of Southeast Texas I...P City of Beaumont Council Agenda Item A K g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager MEETING DATE: September 7, 1999 AGENDA MEMO DATE: September 3, 1999 REQUESTED ACTION: Consider additional funding in the amount of$40,000 for the Art Museum of Southeast Texas. iRECOMMENDATION 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 he City of Beaumont (Landlord) and the Art Museum of Southeast Y tY ( 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. This request for $40,000 was deferred at the August 31, 1999 meeting for the September 7, 1999 meeting. 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. 1110�911 J brJ ART MUSEUM OF S 1JTHEAST TEAS 1 1 -A July 6, 1999 Mr. Stephen Bonczek, City Manager City of Beaumont1�9 Room 300, City Hall Beaumont, TX 77701 Dear Mr. Bonczek: It was a pleasure meeting you in church and at the July 41h 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 5225,000 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 100,000-1b. 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, doN«i from a high of 5815,000 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 540,000. 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 ,vill 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 (f.) doing more collaborative programming xvith 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 iscommunity, our financial needs and finding a solution that will benefit all involved. Sin ely, J r J. xecutiv it r 4 September 7, 1999 Consider authorizing agreements with public service agencies that were allocated funds from the U.S. Department of Housing and Urban Development (HUD) 1999 Consolidated Grant Program MAW 11 ..72ij City of Beaumont ML Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Johnny Beatty, Grants Administrator L 6 MEETING DATE: September 7, 1999 AGENDA MEMO DATE: September 1, 1999 REQUESTED ACTION: Consider Requests to Enter Into Agreements with the public service agencies, namely BUILD, Habitat For Humanity, Martin Elementary, Plymouth Village Trust Apartments, Partnership Community Mental Health Center, Henry's Place, and Some Other Place, that were allocated funds from the U.S. Department of Housing and Urban Development (HUD) 1999 Consolidated Grant Program, through Resolutions 99-86, 99-118, and 99-169. RECOMMENDATION The Administration recommends approval of the Requests to Enter Into Agreement with the aforementioned public service agencies. BACKGROUND In accordance with HUD Regulation 24CFR 570.503(a), prior to disbursing any CDBG funds to a subrecipient,the recipient shall sign a written agreement with such subrecipient. The agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income. BUDGETARY IMPACT During the Council Meeting/Public Hearing on March 2, 1999, Council allocated $100,000, or 4.3% of the CDBG Entitlement to the Public Service line item. In accordance with HUD Regulation 24CFR 570.201(e)(2), the amount of CDBG funds used for public services shall not exceed fifteen percent of each grant. To date, of the$100,000 commitment, $87,170 has been allocated to various public service agencies. PREVIOUS ACTION During the Council Meeting/Public Hearing on March 2, 1999, (Resolution 99-68), Council resolved to allocate $100,000 to the Public Service line item. Council also reserved the right to return at a later date to identify the public service agencies that would subsequently receive funds. During a Council Meeting/Public Hearing on April 13, 1999 (Resolution 99-118), Council resolved to allocate CDBG dollars to the Anayat House ($5,536), YWCA $9,634), Partnership Community Mental Health Center ($15,000), Martin Elementary , and Plymouth Village Trust Apartments($5,000). During a Council Meeting/Public Hearing on March 16,1999 (Resolution 99- 86), Council allocated CDBG dollars to Henry's Place ($22,000). During a Council Meeting/Public Hearing on May 25, 1999(Resolution 99-169), Council allocated $25,000 of CDBG funds to Some Other Place. To date, Council has yet to allocate the remaining $12,830 to a public service agency. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Finance Officer RECOMMENDED MOTION Approve/Deny Requests to Enter Into Agreements with the aforementioned public service agencies. i Page 2 5 September 7, 1999 Consider an ordinance amending Ordinance No. 99-47 relating to the structure located at 4396 Sullivan • City of Beaumont • K. Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DA'T'E: September 7, 1999 AGENDA MEMO DATE: September 3, 1999 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 99-47 relating to the structure located at 4396 Sullivan. RECOMMENDATION After the initial inspection on February 27, 1998, staff considered the property suitable for rehabilitation. The owner, Mr. Bruce Brosnahan, failed to make the necessary repairs. Therefore, on June 29, 1999, staff requested and Council approved the issuance of a raze order. (A detailed report of city actions on this property is attached.) At the request of the City Manager, 4396 Sullivan is being brought back before City Council for consideration to amend ordinance No. 99-47 to a raze or repair order allowing the new owner to enroll in a work program and rehabilitate said structure within ninety (90) days. BACKGROUND The property owner, Mr. Brosnahan, is in the process of selling this property to a new owner, Edna Barfield, who would like the opportunity to rehabilitate to city standards. (Attached is documentation on ownership.) BUDGETARY IMPACT If the property is not brought into compliance, the City will incur the cost of demolition. PREVIOUS ACTION The Administration recommended and Council approved a raze order for this project on June 29, 1999. A raze order was recommended as a result of the previous property owner not complying with . Council order to achieve compliance. . SUBSEQUENT ACTION If Council grants an extension to the new property owner, staff will enroll the new owner in a work program and monitor the progress of work. If the structure is not brought up to code within the specified time period, the structure will be demolished without any other Council action. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the amendment of Ordinance No. 99-47 to allow the property owner to enter a work program to rehabilitate 4396 Sullivan within 90 days. INTER-OFFICE MEMORANDUM City of Beaumont,Texas EL Demolition Date: August 26, 1999 To: Stephen J. Bonczek,City Manager From: John Labrie, Clean Community Department Director Subject: HISTORY OF 4396 SULLIVAN COMMENTS 12-08-95 Structure was tagged as being substandard. 02-07-96 First letter of notification was sent. 02-26-96 Notice was received and signed for by owner, Bruce Brosnahan. 01-17-97 Notice was mailed to board and secure the structure. 07-31-97 Letter sent notifying property owner of Council Meeting scheduled for August 26, 1997. 08-06-97 Mr. Brosnahan telephoned to say that he was coming to Texas in September and could not make the Council meeting on August 26, 1997. 08-26-97 City Council Meeting. 08-28-97 Letter was sent to property owner stating that structure was ordered to be demolished or repaired. 08-29-97 Mr. Brosnahan came into office. He signed for letter giving Council's order and he also signed a work repair program that went through December 29, 1997. 01-31-98 PROPERTY SOLD TO NEW OWNER,JON WELCH. 02-02-98 Jon Welch enrolled in work repair program. 02-27-98 First letter of notification was sent to new property owner. 04-07-99 Letter was mailed to property owner notifying him that structure was to appear before City Council on April 27, 1999. 04-16-99 Staff was notified that Jon Welch defaulted on purchase of property and ownership was back to Bruce Brosnahan. 04-27-99 City Council Meeting. 04-30-99 City Council ordered that structure must be demolished or repaired. Council order letter was mailed to both Jon Welch and Bruce Brosnahan. 05-17-99 Staff spoke with Mr. Brosnahan. He requested that time be given to him to secure the structure by May 24, 1999 and that he would start repairs by June 1, 1999. Mr. Brosnahan also spoke with Councilmember Patterson. At Councilmember Patterson's request,the time was granted. 06-02-99 Structure was not secured and no work had been executed. 06-07-99 Letter was mailed to property owner notifying him that structure would be presented before City Council on June 29, 1999 with recommendation to condemn. Letter was received by Bruce Brosnahan and Jon Welch. 06-29-99 City Council Meeting. 07-08-99 Letter was sent letting property owner know that City Council ordered property condemned. 07-15-99 Final letter of notification was mailed indicating demolition was to take place. 08-02-99 Notice was sent back to office unclaimed. Staff has had numerous conversations with Edna Derrick. Ms. Derrick was told before she purchased this property that the structure was condemned by City Council and an order was given by Council for this structure to be demolished. r SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT DATE REQUESTED August 1 , 19 99 WARD 4 ADDRESS OF INSPECTION 4396 Sullivan (a),Woodrow ACCOUNT NO. 13350-001600-0 CENSUS TRACT 26 OWNER Bruce E.Brosnahan ADDRESS P. O.Box 1121 CITY/STATE Warsaw,MO 65355-1121 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat S71.8' L6 Land Value 4140 Block or Tract 2 Improvement Value 10760 Addition/Survey College Total Value 14900 A. Fifty(50)percent deterioration of non-supporting members? YES X NO B. Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X I) xirollied'iti:Wark.ltp xr.Prograi YIDSi NO fY+29+ ?fh4vt *29.97 E. Initial Inspection Date December 8,1995 ztediiEilil2t3 E...INQ E.N I.... Dt]l I%I TILL Ai1�QLINT flIH`$39 ,64[N GUDIIKICr P> )%IALI IEB:.Bc ENTE[RLSI : ....Nf?SIi1T NILE©::. MAJOR CODE VIOLATIONS: -This structure's roof has deteriorated and will need to have the shingles replaced. The back steps and porch have deteriorated and will need replacing. There is water damage to the kitchen ceiling due to the leaking roof. All windows are broken out and will need to be replaced, along with the exterior doors. The interior flooring,ceiling,and walls show need for repairing. The structure has been vandalized and has a large amount of broken glass inside. This structure is next to a school. An attempt was made to board the windows as requested but not all windows are completely boarded and structure would still be accessible. The owner was to come in to town the first of June and enroll in a work program but he hasn't done so at this time. All damaged electrical wiring and missing electrical fixtures will need to be replaced. Also, all damaged plumbinE and missing plumbing fixtures will need to be replaced Staff recommended a raze or repair order for this structure on April 27, 1999 The owner has not complied with that order. .`-_0�'JWdrf.5'3�4+ 1, J a . r. 0• �! LN �..r MN li I I hot III �IU:nNL • • -$£" o /-ell oc/) r �, / I, f 7 Z0'd ETT2088SOPT Ol 9z92 8Eb 9Z8 '00 '8 N3MO WONJ SOOT 6665-20-d3S SEP-03-1999 10:05 FROM OLEN & CO. 816 438 3636 TO 14098803112 P.03 • Form A120 AGREEMENT TO SELL REAL ESTATE �r�c-�E �rotto.�tau. of e-tsaW 1• as Seller,and xa c n r to I ar ' of 13 r, 7afa t as Buyer,hereby agree that the Seller shall sell and the Buyer shall buy the following described property UPON THE TERMS AND CONDITIONS HEREINAFTER SET FORTH, which shall include the STANDARDS FOR REAL ESTATE TRANSACTIONS set forth within this contract. 1. LFIGAL DESCRIPTION of real estate located in S 71• �►• 0 f �o ��p�,�.2 Go e4 County,State of Td;yAt 44 d a� /"e rs, �xg 2. PURCHASE PRICE One. 71 .•d.fi ve h,xd red es. Dollars.Method Of Payment: (a) Deposit to be held in trust by (b) Approximate principal balance of first mortgage to which conveyance shall be subject,if any,Mortgage holder: S�L� Interest %per annum:Method of payment (c) Other. (d) Cash,certified or local cashiers check on closing and delivery of deed(or such greater or lesser amount as may be necessary to complete payment of purchase price after credits,adjustments and prorations). $ A114 TOTAL $-1, 5,00 3. PRORATIONS: Taxes,insurance,interest,rents and other expenses and revenue of s ider v ct n --- _ 4. RESTRICTIONS, EASEMEN'rS. LIMITATIONS: Buyer shall take title subject to: (a J.etitng, restrictions,prohibitions and requirements imposed by governmental authorit s and matters Nf appearing on the plat or common to the subdid ' , is utility casements of record,provided said 6�6 easements are located on the_i cx ear lines of the property,(d)Taxes for year of closing,assumed mortgages,and purcto� oney mortgages,if any.(e)Other: Seller warrants that there shall be no violations of bu' g or zoning codes at the time of closing, 5. DEFAULT BY BUYER: If Buyer fails to perform any of the covenants of this contract,all money paid pursuant to this contract by Buyer as aforesaid shall be retained by or for the account of the Seller as consideration for the execution of this contract and as agreed liquidated damages and in full settlement of any claims for damages. 6. DEFAULT BY SELLER: If the Seller fails to perform any of the covenants of this contract,the aforesaid money paid by the Buyer,at the option of the Buyer,shall be returned to the Buyer on demand;or the Buyer shall have only the right of specific performance. 7. TERMITE INSPECTION: At least 15 days before closing,Buyer,at B rrettpense,shall have the ,J right to obtain a written report from a licensed exterminator t crc is no evidence of live termite or other wood-boring insect infestation on said y nor substantial damage from prior infestation on di;b said property. If there is such cvidcn er shall pay up to three(3%)percent of the purchase price for the treatment required to re such infestation, including repairing and replacing portions of said improvements which een damaged;but if the costs for such treatment or repairs exceed three(3%) percent of the ase price,Buyer may elect to pay such excess. If Buyer elects not to pay,Seller may pay 1hesAcEss or cancel the contract. 8. ROOF INSPECTION: At least 15 days before closing,Buyer,at Buyers expense,shall have"lit to obtain a written report from a licensed roofer stating that the roof is in a watertilt3lsaedrrfo"n. In the event repairs are required either to correct leaks or to replace damage to ia-er soffit,Sclkr shall pay up to three(3%)percent of the purchase price for said re hicti shall be performed by a licensed roofing contractor;but if the costs for such repair t ree(3%)percent of the purchase price,Buyer may elect to pay such excess. If$uyer 0[to pay,Seller may pay the excess or cancel the tontracL 9. OTHER INSPECTIONS: At least 15 days before closing, Buyer or his a t may inspect all appliances,air conditioning and heating systems,electrical syste ing,machinery,sprinklers and • pool system included in the sale. Seller shall pay for necessary to place such items in working order at the time of closing.Within 4R hours_ a osing,Buyer shall be entitled,upon reasonable notice to Seller,to inspect the o determine that said items are in working order. All items of personal property inclu c sale shall be transferred by Bill of Sale with warranty of title. 11gJ1111 7 (Rev ised 5/94) 0 0005 II SEP-03-1999 1006 FROM OWEN 8 CO. 816 438 3636 TO 14098803112 P.04 10. LEASES: Seller,not less than 15 days before closing,shall furnish to Buyer c s of all written leases and estoppel letters from each tenant specifying the nature and duration tenant's occupancy, X,�,* rental rates and advanced rent and security deposits paid by tenantScllel`is unable to obtain such letters .6£,5 from tenants,Seller shall furnish the same information uyer within said time period in the form of a seller's affidavit,and Buyer may contact terms-thi.icafter to confirm such information. At closing,seller shall deliver and assign all origi eases to Buyer. 11. MECHANICS LIENS: Seller shall furnish to Buyer an affidavit that there have been no improvements to the subject property for 90 days immediately preceding the date of closing,and no financing statements, claims of lien or potential lienors known to ScllSL--1f' i property has been improved within that time, Seller shall deliver releases or waive3s-of�l mechanics liens as executed by general contractors, E,d subcontractors,suppliers and rraTmen,in addition w the seller's lien affidavit,setting forth the names of all general contract-rbcconuactors,suppliers and materialmen and reciting that all bills for work to the subject pro Cy which could serve as basis for.mechanics liens have been paid or will be paid at closing. 12. PLACE OF CLOSING: Closing shall be held at the office of the Seller's attorney or as otherwise agreed upon. 13. TIME IS OF THE ESSENCE: Time is.of the essence of this Sale and Purchase Agreement. 14. DOCUMENTS FOR CLOSING: �Ss attorney shall prepare deed, note, mortgage., affidavit,any correctivc jnstruments required for perfecting the title,and closing statement and submit copies of same to BuyersUorner,and copy of closing statement to the broker•at least two days prior to scheduled closing date. 15. EXPENSES: State documentary stamps required on e i strument of conveyance and the cost of recording any corrective instruments shall be paid by the FDocumentary stamps to be affixed to the note secured by the purchase money mortgage,intangible tax on the mortgage,and the cost of recording the deed and purchasing money mortgage shall be paid by the Buyer. 6E6 16. If insurance is to be prorated.the Seller shall on or before the closing date,furnish to A1f} Buyer all insurance policies or Copt creof. 17. RISK OF LOSS: If the improvements are damaged by fire or casualty before delivery of the deed and can be restored to substantially the same condition as now within a period of 60 days thegaGcr;3�er shall so restore the improvements and the closing date and date of deliverypL-prusessioifTicreinbcfore provided A14 shall be extended accordingly. If Seller fails to do. yer shall have the option of(1)taking the .6&6 property as is,together with insurance r t, an�celling the contract,and all deposits shall be forthwith returned to the S all parties shall be released of any and all obligations and liability. 19. MAINTENANCE: Between the date of the contract and the date of closing,the property,including 14 ¢ lawn,shrubbery and pool,if any,shalf))t raaintaini tic 5c'llcr in the condition as it existed as of the 4,e4ff date of the coaliac azywear and tear excepted. 19. CLOSING DATE: This contract shall be closed and the decd and possession shall be delivered on or Ixforethe day of 1971 , unless extended by other provisions of this contract. 20. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted in this form shall control all printed provisions in conflict therewith. 21. OTHER AGREEMENTS: No agreements or representations,unless incorporated in this contract,shall be binding upon any of the parties. 22. SPECIAL CLAUSES: L(3 ��0,0"f/ l S Sell tx as ire Cori-+'-Fran. A« 1i W5, -fu9bi P 1"i coPMS, a A t,-es; site!( be po.et bl AA &yr. 5di f Ska.0 reaFvc�/,Eves l 'nPzA SAt�,h "t +ke Qte pe ti-3. CJDMMISSION TO BROKER: The Seller hereby recognizes A117f as the Broker in this transaction,and agrees to pay as commission o es rice,the sum of Dollars(S ) or one-half of the deposit in case same is forfeited by the Buyer th7ro­ugh-faiiurv4aperfcirm,as compensation for services rendered,provided same does not exceed(he full amount of the commission. - WiTNF.SSED BY:Witness Date Dc� '¢/��/!U Witness Daze Sell Date • O E•Z Legal Forms. Before you use this form, read it, fill in an blanks, and make whaie.cr changes are accessary to your particular ur aclion. Consult a lawyer if you doubt the form's fitness for your purpose and uses E•Z Legal Forms and the retailer make no representation or warranty. cxpresa or implied. with respect to the merchantability of this form for an intended use or purpose. TOTAL P.04 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 99-47, TO REMOVE THE STRUCTURE LOCATED AT 4396 SULLIVAN FROM SECTION 2 AND DIRECTING THAT THE STRUCTURE AT 4396 SULLIVAN BE DEMOLISHED OR REPAIRED WITHIN 90 DAYS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Ordinance 99-47 be and the same is hereby amended to amend Section 2 to remove item number 6, 4396 Sullivan. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of - - Ordinances of Beaumont Texas Beaumont, Section 10 2 and 14 52 of the Cod e o f Or n , and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the property located at 4396 Sullivan to enter into a work program and either demolish or repair such structure within ninety (90) days of the effective date of this ordinance. If the owners fail or refuse to repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 1999• - Mayor - 6 September 7, 1999 Consider an amendment to the taxicab ordinance which has the effect of removing the requirement for a public hearing before the City Council prior to the issuance of a new taxicab permit City of Bea umont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: September 7, 1999 AGENDA MEMO DATE: September 1, 1999 REQUESTED ACTION: City Council is requested to adopt an amendment to the taxicab ordinance which has the effect of removing the requirement for a public hearing before the City Council prior to the issuance of a new taxicab permit. RECOMMENDATION The taxicab ordinance of the City of Beaumont should be amended to remove the requirement for a hearing concerning public convenience and necessity prior to the issuance of a permit for the operation of a new taxicab business in Beaumont. BACKGROUND The ordinance regulating taxicabs has existed since the 1958 Code and has always required that the City Council hold a public hearing and find that there is a public convenience and necessity for a new taxicab business to commence operations in the City of Beaumont. Litigation arising out of the federal antitrust laws provides for the potential of municipal liability if the City acts in concert with other business to restrict competition. The City Attorney's Office is concerned that should the Council desire not to grant license for a taxicab company, that company might have a cause of action alleging that the City was acting in concert with the existing taxicab companies to limit competition in the taxicab business in Beaumont. As you will recall, the City recently recommended that a similar provision be removed from the wrecker ordinance. The ordinance has been reviewed by the Police Department and it retains sufficient regulation to assure that the operation of taxicabs are done in a way that will provide a safe and secure environment for users of the service. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney and City Manager RECOMMENDED MOTION Approve/Deny an ordinance amending Article III of Chapter 29 of the Code of Ordinances regulating taxicabs to not require a public hearing before Council prior to issuance of taxicab permit. ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW ARTICLE III REGULATING TAXICABS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. WHEREAS, Council desires to enact amended taxicab regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Article III of Chapter 29 be and the same is hereby repealed and a new Article III regulating taxicabs is enacted to read as follows: ARTICLE III. TAXICABS. Sec. 29-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Cruise, cruising: The movement of unoccupied taxicabs over the public streets of the City in search of, or soliciting prospective passengers for hire; except, however, unoccupied taxicabs proceeding to answer a telephone call for taxicab service from an intended passenger, and taxicabs returning to a taxi stand, terminal or subterminal by the most direct route, after having discharged a passenger, to the place where such taxicab is housed or to the place of discharge of the passenger, shall not be considered to be cruising. Driver, chauffeur:Any person in actual charge of the operation of a taxicab, whether as owner, or agent, servant or employee of the owner. License to operate: Authority granted by the City authorizing such operator of a taxicab to engage in the business of transportation by taxicab. Owner, operator: Any person who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets of the City, whether as owner or otherwise, except "driver" as herein defined. Subterminal:Any place other than a terminal in which the drivers or chauffeurs of taxicabs shall receive calls from a dispatcher and such calls are relayed from a taxi terminal or taxi stand, and which shall likewise mean and embrace the space and area used by taxicabs while waiting for passengers. Taxicab: An automobile or motor-propelled vehicle used for transportation of passengers for hire over the public streets of the City, and not over a defined or fixed route, and irrespective of whether the operations extend beyond the City limits, at rates for distance traveled, or for waiting time, or for both, or at rates per hour, per week or per month, which such vehicle is routed to destinations under the direction of the passenger; provided, however, the term ''taxicab" shall not apply to motor buses operated within the City under a franchise from the City, over a fixed definite route nor Y shall such term apply to motor buses regularly operated in the City along fixed routes to and from points outside the City, nor shall such term apply to motor vehicles operated under a permit or certificate of the railroad commission of the state or the Interstate Commerce Commission. Taximeter.'A machine adapted to automatically calculate, at a predetermined rate or rates, and to register the charge for hire of a taxicab; and such charges shall be indicated by means of figures. Terminal: The taxi depot at which place the taxicabs shall be housed or parked, and at which place the telephone calls and requests for service shall be made, and at which place a dispatcher shall control the movements of the taxicabs to the points of request for taxicab service; this term shall likewise be synonymous with taxi terminal and shall mean and embrace that space and area of land and buildings off the streets of the City, and upon private property, and shall be and constitute the main office of the owner and taxicab operator. Waiting time: Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination; and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Sec. 29-41. Permit--Required; contents of application. (a) It shall be unlawful for any person to drive or operate or cause to be driven or operated, any taxicab upon, or over any street in the City, unless and until a permit therefor has been issued by the City. (b) No permit certificate shall be issued by the City until the owner or person in charge or control of such taxicab shall make application in writing to the City for such permit, on blanks to be furnished by the City Clerk, stating in such application the name of the owner, or person by whom such permit is desired, his street address, the type of motor vehicle to be used as a taxicab, the horsepower thereof, the factory number, and motor number thereof, the seating capacity, according to its trade rating, the owner thereof, and such other relevant information as may be Sdeemed advisable and necessary by the City. (c) Such application shall be signed and sworn to by the applicant. (d) If the applicant for a permit is a corporation, such application shall be made by some duly authorized officer of the corporation, and shall state whether it is a foreign or domestic corporation, its address and place of business, its officers and their addresses, its correct corporate name and a "Certificate of Good Standing" issued by the state agency which issued the corporation charter; if the applicant for a permit is a partnership or association, such application shall be made by some duly authorized officer or agent, of the partnership or association, and shall give the trade name, or partnership name or association name of the partnership or association, together with the names and addresses of the partners or associates. Sec. 2942. Same--Notice of filing application; determination of public convenience and necessity; issuance; denial; renewal; transferability. (a) Upon the filing of an application for a permit to operate taxicabs, the City Clerk shall give at least five (5) days' notice by one publication in the official organ of the City, of the filing of such application. (b) In determining whether the application should be approved, the City Manager (or his designee) may take into consideration the financial responsibility of the applicant; the number, kind and type of equipment to be used; the increased traffic congestion on the streets of the City which might result; whether the safe use of the streets by the public, both vehicular and pedestrian, will be preserved by the granting of such additional permits; and such other relevant facts as the City Manager may deem advisable or necessary. is (c) If the City Manager (or his designee) finds from investigation or hearing that such application shall be denied, the City Clerk shall immediately give notice to the applicant of the action of the City Manager. (d) It shall be unlawful for the owner of any taxicab to operate the same where a permit has not been issued therefor under the provisions of this article, and a violation of this section shall be sufficient reason to revoke the permit of such owner or operator with respect to any other taxicab. After the application to operate a taxicab or taxicabs upon or over the streets of the City has been granted, in accordance with this article, it shall be the duty of the City Clerk to issue a permit therefor to such applicant. (e) All permits issued hereunder shall run for the calendar year. (f) Each permit issued hereunder may be renewed from year to year by the holder of such permit provided same has not been canceled by the City for any violation under this article. (g) The permits issued under this article shall be deemed personal to the holder thereof and shall not be transferable or assignable, except by permission of the City. Sec. 29-43. Same--Fees; based on gross receipts; payment dates. Any person operating any taxicab under a permit granted to it by the City shall pay, at the office of the City Treasurer, in lawful money of the United States, one and one-half (1 '/2) per cent of the gross receipts measured by the total fares collected and other income derived from the operation of the taxicab service, which remittance shall be made monthly on or before the fifteenth day of each calendar month for the preceding calendar month. The compensation provided for in this section shall be in lieu of any other fees or charges imposed by any other ordinance now in effect and such charge is made in accordance with Texas Transportation Code, Article 502.003 (or succeeding statute), and such one and one-half(1 '/2) per cent gross receipts permit fee is made in lieu of a street rental charge, but such charge shall not release the permit holder from the payment of ad valorem taxes levied or to be levied on property used in the taxicab business. Sec. 29-44. Same--Statement of receipts; bookkeeping; failure to file statement or pay fee. It shall be the duty of each permit holder to file with the City Manager, and a copy thereof with the City Treasurer, a sworn statement showing all receipts, which verified statement shall be filed within fifteen (15) days following the end of each month. The permit holder shall be required to install and adequately keep a system of bookkeeping, to be approved by the director of finance of the City, which books shall be subject to inspection of the governing body of the City and such person as the City may designate, so as to enable the City to check the correctness of the accounts kept and in order to enable it to compute the amount of gross receipts tax that may be due the City. Any neglect, omission or refusal by the permit holder to file such verified statement or to pay the required percentage of the gross receipts at the time and in the manner herein provided shall ipso facto work as a forfeiture of such permit and of all rights and provisions thereunder. Sec. 29-45. Same--Cancellation unless taxicab operated for twenty days of each month. Every permit held under the provisions of this article by the owner or operator of a taxicab may be canceled, unless taxicabs are operated thereunder in accordance with the provisions of this article on at least twenty (20) days out of each calendar month. Sec. 29-46. Withdrawing and substituting taxicabs. If at any time any taxicab, which has been regularly licensed under the provisions of this article, is to be withdrawn or replaced by another and different motor vehicle, the same may be done after making written application to the City Manager and securing his approval thereof. Such approval shall be based upon the City Clerk and Chief of Police 0 having a complete record of such substitution and the City Manager being satisfied that all rules and regulations of this article have been complied with; provided, upon refusal of the City Manager to approve said application, the applicant may within ten (10) days thereafter, appeal in writing to the City Council. Sec. 29-47. Insurance. Before any permit shall be granted or renewed under this article, the operator shall obtain and file with the City Clerk a public liability insurance policy in the standard Texas form covering each automobile to be operated by such operator of a taxicab with minimum amounts of liability coverage thereunder as required pursuant to Texas Transportation Code, Article 601.072 (or succeeding statute). Such insurance policy shall be issued by a casualty insurance company authorized to do business in the state, with an agent within the City, shall be approved by the City attorney, and shall be for the protection of any member of the public who might be injured or whose property might be damaged by the operation of such taxicab. Such policy shall be maintained in full force and effect by the operator of taxicabs covering each taxicab licensed by a permit under this article. Sec. 29-48. Ad valorem taxes--Payment required, delinquency causes revocation of permit. It shall be the duty of every owner of a taxicab that is operated in the City to pay all ad valorem taxes assessed by the City against such vehicle and other equipment used in such business, and a failure to pay such ad valorem taxes before they become delinquent shall operate as a revocation of the permit issued in accordance with this article. Sec. 29-49. Same--Operation without payment unlawful. No owner or operator of taxicab shall engage in the transportation of persons by against his taxi taxicab at any time within the City when the ad valorem taxes assessed a g terminals, stands, taxicabs or taxicab equipment, is delinquent. Sec. 29-50. Condition of vehicle; inspections. (a) Before any owner or operator of a taxicab allows any of his taxicabs to be operated upon any street within the City it shall be inspected to determine whether such vehicle is in a safe condition to be operated as a taxicab. (b) The inspection of such taxicab shall be made by the Chief of Police or by any competent mechanic that the Chief of Police might designate. (c) No taxi cab shall be given a permit unless that taxi cab has a valid motor vehicle inspection sticker. Taxi cab permits issued to taxi cabs shall be valid only so long as the vehicle has affixed to it a valid motor vehicle inspection sticker. (d) Upon notifying the owner or operator of such taxicab that it is not in a safe condition, the same shall not be used as a taxicab until the defects found are corrected and such taxicab is reinspected and found that it is in a safe condition by the Chief of Police or such mechanic, who shall paste a paper seal of a type and design approved by the City Manager upon the windshield of such vehicle certifying that the taxicab was approved by such inspector. No taxicab shall be operated in the City without such a valid approval seal attached thereto. (e) At no time shall any taxicab that is found to be unsafe by the Chief of Police, or mechanic designated by the Chief of Police, be operated over the streets of the City. (f) Nothing herein, however, shall prevent the City from inspecting any taxicab at any time and if the City, through its agents or employees, should find that it is in a defective condition, the Chief of Police shall order the use of such taxicab discontinued until the same is approved. Sec. 29-51. Chauffeur's license. (a) It shall be unlawful for any person to drive or act as a chauffeur of a taxicab within the City, without having secured a chauffeur's license duly issued to such person by the Chief of Police. (b) Each applicant for a chauffeur's license shall be a citizen of the United States, at least eighteen (18) years of age prior to the filing of his application for a chauffeur's license. (c) Any person desiring to drive or act as chauffeur of a taxicab in the City shall file application for a chauffeur's license with the Chief of Police at the police station on application forms to be furnished by the Chief of Police. Such forms shall provide for the applicant's name, age, present address, last place of employment, whether the applicant has been convicted of a violation of a motor vehicle traffic or criminal law of the City or the state, with a space sufficient for particulars concerning such violation, if any, and the length of time the applicant has driven a motor vehicle. (d) After filling in the above described form, the applicant shall sign same and shall swear to the truthfulness of the answers made in such application before a notary public. After such application has been duly sworn to, the applicant shall present such application to the Chief of Police at the police station, together with an affidavit from two (2) reputable citizens of the City, stating the applicant to be a trustworthy, sober and reliable person, of good moral character, and that such applicant is competent to operate a taxicab, and such application shall also be accompanied by a certificate from a reputable physician of the City, showing that such applicant is not disabled by reason of defective sight or hearing, crippled in any of his limbs, and has no ailment which would prevent such applicant from safely operating a taxicab. (e) Upon receipt of any application for a chauffeur's license, the Chief of Police shall satisfy himself that such applicant is qualified to operate a taxicab in the City. After the Chief of Police has examined the application and affidavits and doctor's certificate accompanying the application and has investigated the applicant for his ability to properly operate a taxicab within the City, he shall either grant such application or refuse same. If the Chief of Police refuses any application, he shall immediately notify, in writing, the applicant at the last address given in such 0 application. The applicant may appeal from the decision of the Chief of Police by giving notice in writing to the City Manager within five (5) days after the mailing of such letter denying his application. In the event such applicant appeals to the City Manager for a license, the City Manager (or his designee) shall notify the applicant of the date the hearing on his application will be heard, and shall hear the appeal of such applicant for a chauffeur's license. After receiving the evidence in connection therewith, the City Manager (or his designee) shall either refuse or approve such application. In the event the City Manager approves the application, the City Manager shall order the Chief of Police to issue a license to such applicant. (f) If the application of a person is granted either by the Chief of Police or by the City Manager (or his designee), the Chief of Police shall immediately notify such applicant by letter addressed to such applicant at the last address shown on the application. Within three (3) days after the postmark date of such letter, the applicant shall furnish the Chief of Police two (2) recent, true photographs of such applicant, such photographs to be not less than one and one-half (1 '/2) inches by one and one-half (1 '/2) inches, nor greater than two (2) inches by two (2) inches, in size, one of which photographs shall be retained by the Chief of Police with the application, affidavits, doctors certificate and any other information on file, to be kept by the Chief of Police as a permanent record. The other picture shall be firmly affixed to the license to be issued to the applicant. The license issued to such person shall be numbered, shall state the year for which such license is issued. Such license shall further state the name, address, age, height, weight and color of eyes and hair, and state that the party named on such license, whose picture is shown on the face thereof, is a duly licensed driver of a motor vehicle in the City, and such license shall further provide a space for the signature of the licensee, which signature shall be affixed on the license in the presence of the Chief of Police at the time such license is delivered to the licensee. All licenses shall be signed by the Chief of Police. (g) License shall be kept by the licensee under a celluloid cover, while such licensee is driving or acting as a chauffeur of a taxicab, so as to be easily seen by all passengers in such vehicle. (h) It shall be a violation of this section for any person holding a chauffeur's license hereunder to fail to have same displayed in the manner stated in subsection (g) at all times in the motor vehicle which he is driving and of which he is acting as chauffeur. (i) All licenses issued by the Chief of Police under this section shall expire on the thirty-first day of December of the year in which same are issued. It shall be a violation of this section to drive a taxicab with a chauffeurs license displayed which has expired. (j) Any chauffeur's license issued by the City under the terms of this section may be either revoked or suspended by the Chief of Police for a violation of the ordinances of the City or the traffic laws of the state by the holder of such license, and such license may also be revoked or suspended if the holder thereof is negligent or careless in the operation of a taxicab. Upon revoking or suspending any license the Chief of Police shall notify in writing the licensee whose license is revoked or suspended, and the Chief of Police shall immediately take up such license so revoked or suspended. Within five (5) days after revocation or suspension of the license, the party whose license had been revoked or suspended may appeal to the City Manager for reinstatement. The City Manager (or his designee) shall give the party so appealing a hearing, and after a hearing, shall either sustain or reverse the action of the Chief of Police in revoking or suspending such license. If the action of the Chief of Police is sustained by the City Manager, the revocation or suspension of such license shall stand. If the action of the Chief of Police is reversed, the license shall be returned to such licensee immediately. (k) It shall be a violation of this section for any person to employ or permit a person to drive a taxicab owned by such person, who does not have a valid chauffeur's license issued by the Chief of Police for the current year, and such owner of such a vehicle shall require such driver to produce a chauffeur's license issued by the City for the current year. Upon employing a driver for a taxicab the person owning such vehicle or the agent thereof so employing; shall immediately notify the Chief of Police of the name of such driver and the license number of the license which such driver holds. If a driver of a taxicab is discharged by a person owning such vehicle, or is discharged by an agent of such person, such person shall immediately notify in writing the Chief of Police of the dismissal of such driver and shall state the reason for such discharge. Upon receipt of a notice of the discharge the Chief of Police shall investigate the reasons for such dismissal, and after completing such investigation may, if he deems it advisable, revoke or suspend the license of the driver so dismissed. Such licensee may appeal from the action of the Chief of Police to the City Manager who shall either sustain or reverse the action of the Chief of Police. (1) It shall be a violation of this section for any person owning one or more taxicabs to keep in his employment for the driving of such vehicle any person whose license issued by the City has been either revoked or suspended. (m) A licensee may renew his license upon expiration thereof by filing with the Chief of Police an application for renewal upon forms to be furnished by the Chief of Police, and shall furnish two (2) recent photographs of himself of the dimensions heretofore set out in subsection (f), and shall furnish a certificate from a physician of the City showing that he is physically capable to safely operate a motor vehicle for hire. (n) No fee shall be charged for the issuance of any chauffeur's license or a renewal thereof by the City. Sec. 29-52. Rates and fares--Amounts; regulations. (a) Authority to fix. The City Council shall have the right to change or establish the rates and fares to be charged by taxicabs in the City at any time it deems necessary, by resolution. (b) Schedule.Unless otherwise changed by the City Council, the following taxicab rates and fares shall be effective in the City: (1) The rate or fare of either one or two (2) passengers shall be two dollars ($2.00) for the first one-tenth (1/10) mile or fraction thereof and ten cents ($0.10) for each one-tenth (1/10) mile or fraction thereof traveled thereafter. The rate for additional passengers shall be one dollar ($1.00) per passenger, not to exceed the vehicle's maximum seating capacity, according to trade rating. (2) For each one minute of waiting time consumed by the taxicab at the instance of the passenger, the rate shall be twenty-five cents ($0.25). (3) Whenever a taxicab is engaged on an hourly basis, whether for one or more passengers, the rate or fare shall be fifteen dollars ($15.00) for each hour. For each quarter hour in excess of each completed hour, the rate shall be three dollars seventy-five cents ($3.75) for each quarter hour the taxicab is so engaged. (c) Posting.There shall be posted, in a conspicuous place in a frame with a transparent cover, on the inside of each taxicab, a card showing the rates herein prescribed; such card shall be posted in a place easily discovered and read by any passenger riding in such taxicab. Sec. 29-53. Same--Refusal of passenger to pay. It shall be unlawful for any passenger to refuse to pay the legal fare due by him for the use of any taxicab mentioned in this article, after having hired the same; and any person who hires any taxicab with the intent to defraud the person from whom it is hired and, after using the same, fails or refuses to pay any taxicab fare due by him shall be guilty of a misdemeanor. Sec. 29-54. Taximeters--Required. All holders of permits for taxicabs operating upon the streets in the City shall install and equip each taxicab with a taximeter, which taximeter shall be set upon the rates hereinabove established in this article, and such taximeters shall be subject to inspection at any time by the City or its employees. Sec. 29-55. Same--To be in operation while conveying passengers. No taxicab shall be operated at any time with a passenger unless the meter on the taxicab is correctly operating and showing the rates that are being charged. If at any time the taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the operator of the taxicab to immediately take such taxicab to its terminal and not operate the same until the meter has been fixed and adjusted. Sec. 29-56. Terminals; required; soliciting at stations prohibited; remaining in cab at subterminals. (a) Every operator of a taxicab shall maintain within the City an off-street terminal of sufficient size to accommodate all of the owner's taxicabs. Subterminals at hotels, depots and other places shall be designated by the director of traffic and transportation or other designated official. (b) When any taxicab is at any public carrier depot within the City it shall be unlawful for the driver or person in charge thereof to leave the same and enter the depot or go upon the sidewalk or private property of any railroad company, air field or bus station for the purpose of soliciting the transportation of any passenger arriving on the trains, buses or airplanes at the depot. (c) The drivers of taxicabs using subterminals shall remain seated in their vehicles at all times while such vehicle is at a public stand; provided, however, such drivers may leave their vehicles when actually necessary to assist passengers to enter or leave same, or in any case of accident, necessity or emergency beyond the control of such driver. (d) The form and type of a terminal shall be of such a nature as best meets public convenience and necessity and affords a safe, sanitary and lawful operation of transportation by taxicabs. The site, location, type of proposed buildings and the sanitary conditions of the taxi stand shall be reflected in an application to the City Manager. The equipment, site and place of a terminal must be found by the director of traffic and transportation or other designated official to best meet public convenience and necessity prior to an authorization to a permit holder to operate such terminal. An affirmative finding in favor of applicant, reflecting adequate sufficiency of the place of any off-street terminal shall be considered as having an established prima facie case thereon, upon its appearing within the application that the operator of taxicabs is presently operating for his own exclusive use such off- street terminal now being operated in the commercial areas of the City. Sec. 29-57. Signs; numbering; lettering. Every taxicab shall have printed on each side and in the rear of such taxicab the name of the owner or the assumed name under which the owner operates, together with the company's telephone number and the cab number. All of the lettering mentioned in this section shall not be less than two and one-half (2 '/2) inches in height and not less than five-sixteenths of an inch in stroke and such paint shall be either enamel or oil paint that will weather the elements, and shall be kept legible at all times. Sec. 29-58. Maximum load. No driver or owner of any taxicab, licensed under the provisions of this article, shall permit or allow more than six (6) persons to ride in such taxicab; and in no event shall i more than two (2) persons, in addition to the driver, be permitted to ride in the front seat of such taxicab, and then only if the number of passengers makes it necessary. Sec. 29-59. Persons permitted to ride; picking up additional passengers. No taxicab driver shall permit any other person to occupy or ride in such taxicab except a passenger for hire or an employee of the taxicab service by whom the driver is employed. Unless the person first employing the taxicab shall consent, no additional passengers shall be picked up or permitted to ride in a taxicab on the same trip. Sec. 29-60. Maximum driving hours. It shall be unlawful for the driver of any taxicab to drive the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be on continuous duty, as a driver, for a greater period than twelve (12) hours. Sec. 29-61. Cruising. No driver shall cruise at any time, and whenever a taxicab is unoccupied the driver shall proceed at once by the most direct route to the garage where the vehicle is housed or to the nearest stand; or if dispatched by radio, it shall proceed at once by the most direct route to the place directed by the radio dispatcher. Sec. 29-62. Soliciting patrons--By calling out to any person. It shall be unlawful for any person to speak or to call out in a loud manner "taxicab," "automobile for hire," "hack," "carriage," "bus," "baggage," or "hotel," or in any manner attempt to solicit passengers at any passenger depot or upon any passenger depot platform, grounds or premises of any public carrier, or upon any sidewalk or street in front of any passenger depot of any public carrier within the City. Sec. 29-63. Same--By driver. It shall be unlawful for any driver or operator of any taxicab or for any other person to seek or solicit patrons or passengers for any such taxicab by word or by sign, directly or indirectly, while driving any taxicab over, through, or on, any public street or public place of the City, or while same is parked on any public street or alley of the City, or to repeatedly or persistently drive any taxicab through, over, or on, any public street or place of the City, except in response to calls by patrons for such taxicab or while actually transporting passengers therein. Sec. 29-64. Property left in cabs. All drivers of taxicabs shall promptly deliver to the police department all property left in such vehicles by passengers. When articles left in taxicabs have been delivered to the office of the Chief of Police, he shall make an entry of the fact and shall keep all such articles until claimed by the owner, or disposed of as authorized by statute. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor -