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HomeMy WebLinkAboutPACKET NOV 16 1999 City of Beaumont REGULAR MEETING Off' THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 1G, 1999 1:30 P.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments 3 A) Approve a contract for the purchase of three (3) tractors 0 B) Approve renewal of a lease agreement with Southeast Texas Community Development ,' 0 Corp., Inc. IQ � C) Approve a contract for the purchase of furniture consoles for the Police Dispatching -�n Center 0 Consent Agenda Summary November 16, 1999 * Approval of minutes * Confirmation of committee appointments A) Approve a contract for the purchase of three (3) tractors Administration recommends award of a bid for the purchase of three (3) 55 HP diesel driven John Deere Model 5310 tractors to Eastex Farm and Home in the amount of$49,987.08. The tractors will be used with rotary cutters to mow grass on city owned, abandoned and privately owned property in violation of weed ordinances. Since 1984, the City has contracted with private mowing companies to mow the neglected properties. Upon expiration of the current mowing contracts in December, the Clean Community Department plans to implement their own mowing program using the three (3) tractors. A copy of the staff memorandum is attached for your review. B) Approve renewal of a lease agreement with Southeast Texas Community Development Corp., Inc. Administration recommends renewal of a five year lease agreement with Southeast Texas Community Development Corporation, Inc., for City-owned property located at 1190 Grand for a nominal rental payment of ten dollars ($10). The proposed five year lease agreement, as submitted in its substantial form, remains unchanged from the prior agreement. The term of the lease is from December 1, 1999 through November 30, 2004, and rental consideration is a nominal ten dollars ($10). SETCDC is responsible for payment of all utility, insurance and grounds maintenance costs. If for any reason the CHDO designation is terminated or revoked, the lease agreement terminates on fifteen (15) days written notice, and the agreement may be terminated by either party upon giving thirty (30) days written notice. A copy of the staff memorandum is attached for your review. C) Approve a contract for the purchase of furniture consoles for the Police Dispatching Center Administration recommends the purchase of furniture consoles for the telecommunications center from Creative Switching Designs in the amount of$77,599. The purchase of the consoles will alleviate the cramped and noisy dispatched area. It will also allow for the placement of the • additional 911 system enhancement. A copy of the staff memorandum is attached for your review. A City of Beaumont l c Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 11, 1999 REQUESTED ACTION: Council approval to award a bid for the purchase of three (3) tractors. RECOMMENDATION Administration recommends award of a bid for the purchase of three (3) 55 HP diesel driven John Deere Model 5310 tractors to Eastex Farm and Home in the amount of$49,987.08. BACKGROUND Three bids were received on Monday, November 8, 1999, for the purchase of three (3) 55 HP diesel driven tractors for the Clean Community Department. The tractors will be used with rotary cutters to mow grass on city owned, abandoned and privately owned property in violation of weed ordinances. Since 1984, the City has contracted with private mowing companies to mow the neglected properties. Upon expiration of the current mowing contracts in December, the Clean Community Department plans to implement their own mowing program using the three (3) tractors. The bids received are as follow: Vendor Location Price Eastex Farm and Home Beaumont, TX $49,987.08 Beaumont Tractor Company, Inc. Beaumont, TX $53,007 O Tractors, Inc. Beaumont, TX $59,046 Purchase of Tractors November 11, 1999 Page 2 BUDGETARY IMPACT Funds for this expenditure are budgeted in the Solid Waste Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Clean Community Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Eastex Farm and Home for the purchase of three (3) John Deere Model 5310 tractors in the amount of$16,662.36 each for a total of$49,987.08. B City of Beaumont JAN VT a Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 10, 1999 REQUESTED ACTION: Council approve renewal of a lease agreement with Southeast Texas Community Development Corp., Inc. RECOMMENDATION Administration recommends renewal of a five year lease agreement with Southeast Texas Community Development Corporation, Inc., for City-owned property located at 1190 Grand for a nominal rental payment of Ten Dollars ($10). BACKGROUND Since 1994,the Southeast Texas Community Development Corporation,Inc. (SETCDC)has leased the former Fire Station No. 5 building located at 1190 Grand Street to facilitate its work as an authorized Community Housing Development Organization (CHDO). The agreement expires November 30. City Council designated SETCDC as an authorized CHDO in 1994. Organizations designated as CHDO's acquire and rehabilitate substandard housing units for low and moderate income families and also provide career education,job placement and business development services to their clients. Funding for this program is allocated from the U. S. Department of Housing and Urban Development through a HOME Investment Partnership Program grant. The proposed five year lease agreement, as submitted in its substantial form, remains unchanged from the prior agreement. The term of the lease is from December 1, 1999 through November 30, 2004, and rental consideration is a nominal ten dollars ($10). SETCDC is responsible for payment of all utility, insurance and grounds maintenance costs. If for any reason the CHDO designation is terminated or revoked, the lease agreement terminates on fifteen (15) days written notice, and the RENEWAL OF LEASE AGREEMENT November 10, 1999 Page 2 of 2 agreement may be terminated by either party upon giving thirty (30) days written notice. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, Executive Assistant to the City Manager and Housing Coordinator. RECOMMENDED MOTION Approve/Deny renewal of a five-year lease agreement with Southeast Texas Community Development Corporation, Inc. for city owned property located at 1190 Grand Street for a one- time rental payment of Ten Dollars ($10). LEASE AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON This lease is made and executed on the day of November 1999 by and between THE CITY OF BEAUMONT, a municipal corporation organized under the laws of the State of Texas, located and domiciled in Jefferson County, Texas, herein referred to as Lessor, and Southeast Texas Community Development Corporation, Inc., a non-profit corporation organized under the non-profit laws of the State of Texas, having its principal place of business in the City of Beaumont, County of Jefferson, State of Texas, herein referred to as Lessee. In consideration of the mutual covenants contained herein, the parties agree as follows: I. Lessor leases to Lessee the premises located at 1190 Grand Street,City of Beaumont,County of Jefferson, State of Texas,as described more particularly in Exhibit"A", attached hereto and made a part hereof. II. The term of this lease is five (5) years, beginning December 1, 1999 and terminating at twelve o'clock,p.m., on the day before the fifth(5th)anniversary date of the lease unless terminated as hereinafter provided. III. The total rent under this lease is Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged. IV. The p remises are to be used for the purpose of providing various non-profit services to low and moderate income families of the City of Beaumont. These services include operation of a center for empowering individuals, families, neighborhoods and communities with career education and job placement, business development, acquisition and rehabilitation of affordable housing, revitalizing communities through the elimination of blight and creating tax revenue. Lessee shall restrict its use to such purposes, and shall not use or permit the use of the premises for any other purpose without the written consent of Lessor, or Lessor's authorized agent. Lessee must conduct its business on the premises in a safe and sanitary manner at all times. V. Lessee shall not use the premises in any manner that will increase risks covered by insurance on the premises and result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of Lessee's business purposes. Lessee shall not keep, use or sell anything prohibited by any policy of fire insurance covering the premises, and shall comply with all requirements of the insurers applicable to the premises necessary to keep in force the fire and liability insurance. VI. Lessee shall not allow any waste or nuisance on the premises, or use or allow the premises to be used for any unlawful purpose. VII. Lessee shall arrange and pay for all utilities furnished to the premises for the term of this lease, including electricity, gas, water, sewer, garbage and telephone services. All grounds maintenance activities shall be the responsibility of the Lessee. VIII. Lessee shall, at all times during the lease and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition all buildings, fixtures, equipment and any improvements, additions and alterations thereto, on the demised premises, and shall use all reasonable precaution to prevent waste, damage or injury to the demised premises. Lessee shall not be permitted to erect a new building or additions, alterations or modifications to the existing buildings without obtaining permission in writing from the Lessor. In the event Lessee is granted such permission, Lessee agrees that all such additions, alterations or modifications shall become the property of Lessor at the time of such addition, alteration or modification. IX. Acceptance of the premises by Lessee shall be construed as recognition that the premises are in a good state of repair and in sanitary condition. Lessee shall surrender the premises at the end of the lease term, or any renewal thereof, or if terminated before the end of the term or any renewal, in the same condition as when Lessee took possession, allowing for reasonable use and wear, and damage by acts of God, including fires and storms. Before surrender, Lessee shall remove all business signs placed on the premises by Lessee and restore the portion of the premises on which they were placed in the same condition as when received. X. Partial destruction of the leased premises shall not render this lease void or voidable, nor terminate it except as herein provided. If the premises are partially destroyed during the term of this lease,Lessee shall repair them when such repairs can be made in conformity with governmental laws and regulations within 180 days of the partial destruction. Written notice of the intention of Lessee to repair shall be given to Lessor within 30 days after any partial destruction. XI. Lessor reserves the right to enter on the premises at reasonable times to inspect them, make additions, alterations or modifications to any part of the building in which the premises are located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences and similar structures, post relevant notices, and place movable equipment in connection with making alterations, additions or modifications, all without incurring liability to Lessee for disturbance or quiet enjoyment of the premises, or loss of occupation thereof. XII. Lessee shall not construct or place signs, awnings, marquees or other structures projecting from the exterior of the premises without the written consent of Lessor. Lessee shall remove signs, displays, advertisements or decorations it has placed on the premises that, in the opinion of Lessor, are offensive or otherwise objectionable. If Lessee fails to remove such signs, displays, advertisements or decorations within five (5) days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the premises and remove them at the expense of Lessee. XIII. Lessor shall not be liable for liability or damage claims for injury or death to persons or property from any cause relating to the occupancy of the premises by Lessee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the leased premises during the term of this lease or any extension thereof. The Lessee agrees to indemnify and hold harmless Lessor from any and all claims, causes of action and damages of every kind for injury to or death of any person and damages to property arising out of the occupancy and use of the premises 0 of the operations embraced by this lease, and including acts or omissions of the City of Beaumont in connection therewith. XIV. Lessee shall, at its own cost and expense, carry Public Liability and Property Damage Insurance covering operations hazards (and including the Lessee's obligations under the indemnification provision contained in paragraph XIII) with a company acceptable to Lessor with Lessor as a named insured in the sums of Five Hundred Thousand Dollars ($500,000.00) per occurrence and One Million Dollars ($1,000,000.00) in aggregate, and One Hundred Thousand Dollars (S 100,000.00) property damage. However, should Lessor determine at anytime during the term of this agreement that the above coverage is inadequate, it shall notify Lessee in writing to increase the amount of such insurance so the same shall be adequate. The failure of Lessee to obtain said additional insurance within thirty(30)days of Lessor's request shall constitute a breach of this lease. The certificates of insurance furnished hereunder shall be provided to Lessor prior to occupancy by the Lessee and shall provide that the Lessor be notified thirty (30) days prior to the cancellation of such insurance coverage. XV. Lessee shall not assign or sublease the premises, or any right or privilege connected therewith, without first obtaining the written consent of Lessor. XVI. The appointment of a receiver to take possession of the assets of Lessee, a general assignment for the benefit of the creditors of Lessee, any action taken or allowed to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with each and every term and condition of this lease shall constitute a breach of this lease. If Lessee fails to operate as a non-profit corporation, it shall constitute a breach and a default. XVII. Lessor shall have the following remedy in addition to its other rights and remedies in the event Lessee breaches this lease agreement: Pursuant to the authority of Resolution Number 94-32, passed by Beaumont City Council on February 8. 1994, the City Manager executed a contract on February 28, 1994,designating Lessee an authorized Community Housing Resource Organization (CHDO). If for any reason this designation is terminated or revoked,this lease agreement shall terminate on fifteen(15)days written notice to Lessee. This agreement may be terminated by either party upon giving thirty(3 0)days written notice. Lessor shall have the right to terminate this lease on fifteen (15) days' written notice to Lessee of any matter constituting a default or breach of this lease. The failure of the Lessor to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the Lessor's right to assert or rely upon any such term or right on any future occasion. XVIII. If Lessor files an action to enforce any agreement contained in this lease,or for breach of any covenant or condition, Lessee shall pay Lessor's reasonable attorney's fees for the services of Lessor's attorney in the action, all fees to be fixed by the court. M. Eminent domain proceedings resulting in the condemnation of a part of the premises leased herein,but leaving the remaining premises usable by Lessee for the purposes of this business, will not terminate this lease unless Lessor, at its option, terminates the lease by giving written notice of termination to Lessee. The effect of any condemnation, v,-here the option to terminate is not exercised,will be to terminate the lease as to the portion of the premises condemned, and the lease of the remainder of the demised premises shall remain intact. Lessee hereby assigns and transfers to Lessor any claim he may have to compensation for damages as a result of any condemnation. In witness whereof, the parties have executed this lease on this the day of November 1999. LESSOR: ATTEST: CITY OF BEAUMONT Stephen J. Bonczek, City Manager Barbara Liming, City Clerk LESSEE: ATTEST: SOUTHEAST TEXAS COMMUNITY DEVELOPMENT CORPORATION, INC. Albert J, Price, Sr., President EXHIBIT "A" All buildings and improvements located at Plat X, Tract 28, J. McFaddin Survey of the City of Beaumont, Jefferson County, Texas. City of Beaumont '~ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 4, 1999 REQUESTED ACTION: Council approval for the purchase of furniture consoles for the Police Dispatching Center RECOMMENDATION Administration recommends the purchase of furniture consoles for the telecommunications center from Creative Switching Designs in the amount of$77,599. BACKGROUND The Building Services Division is expanding and remodeling the dispatching center located at the Police Department. The existing dispatch center, consisting of 570 square feet, is small and cramped. Plans to expand the area by 180 square feet for a total of 750 square feet will provide much needed work space for a 24 hour, seven day a week, dispatch center. The expansion of the area includes removing the walls from the former evidence room and the glass partitions from the communication office. An elevated floor will be installed to match the height of the elevated floor in the existing dispatch center. At the entrance, a ramp meeting all building code regulations and the American with Disabilities Act (ADA) requirements will be constructed. The estimated cost of construction is approximately $20,000. At each dispatch station there are two (2) AS/400 computer monitors, a telephone and a portable base station radio. The work area is cramped and the noise level created by six (6) dispatchers has made it difficult for patrol officers to understand dispatcher responses. In April, the 911 system will be enhanced adding another display monitor to each station. New equipment consoles have been requested to replace smaller and outdated ones. The ADA compliant system provides additional room for monitors, telephones, and electrical equipment. Additionally, the center console height maybe adjusted allowing dispatchers to stand or to sit. The furniture is designed to provide appropriate lighting and acoustic properties to reduce ambient noise levels. Purchase of Telecommunication Furniture November 4, 1999 Page 2 The State of Texas Cooperative Purchasing Program offers the Catalogue Purchasing Program for the purchase of high technology items. A list of Qualified Information Systems Vendors (QISV) is provided by the State for the procurement of high technology goods such as personal computers, software and telecommunications systems. Vendors must offer a published catalog or an Internet site describing their products and prices. Local entities may contact a minimum of three vendors for furnishing specified products that meet the entities needs. In addition to price, the award of the bid may be based on criteria such as technical support, expansion and upgrading, and compatibility with existing systems. The purchase of telecommunications furniture qualifies as a QISV purchase because it is a specialized furniture for 911 systems and designed and sold only through companies distributing 911 dispatching equipment. Two (2) QISV vendors were contacted and prices were received from one vendor for the Watson Furniture System. The Information Services Division(IS) researched telecommunications furniture and determined the Watson Furniture System met all requirements of the Beaumont Police Department's communications needs. Included in the system is one (1) supervisor station, four (4) dispatch positions, three (3) call taker positions, one (1) printer and fax enclosure, and eight (8) dispatch chairs. Delivery, installation and a two (2) year warranty are included in the total cost. The existing telecommunication consoles will be disposed of in accordance with the City's surplus property policy. BUDGETARY UvI PACT Funds are available for this purchase in the Confiscated Goods Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Police Chief. RECOMMENDED ACTION Approve/Deny the purchase of one Watson Furniture System from Creative Switching Designs in the amount of$77,599 for the Beaumont Police Department Communications Center. I I I i PHONE t e 911 EQUIPMENT ROOM I r-r UP CT/ , • AVL BOARD 1 ALONG THIS WALL rte• >r. CT1 P RAMP r-r DP i-e• e CT2 ° I 3 CT T o ' i I J PLEASE VERIFY ALL DIMENSIONS THIS MATERIAL MAY NOT BE REPRODUCED IN ANY FORM WITHOUT PRIOr. PERMISSION FROM MOWCO CORP. r� d ^ \ / /'� o PROJECT: BEAUMONT POLICE DEPARTMENT DRAWN BY: DATE CHECKED BY: DATE OPTION (I�b/�I (VI V tv BAS K 2DP CLIENT: CREATIVE SWITCHING DESIGNS LTD IO�QQ POWER FLEX Or CORPORATION I LOCATION: RFAUMONT Tx 12725 B Miller Rood NE REV Boinbridge Island PROJECT MANAGER: LTD FILE: SCALE: WA 98110 DATE WPPROVE� RFAUMONTP7 11� = 4 t vsr .__--___Tl =Z a� C! 9 F F vv veer � vrvatr �v a is ` II %1 � s.0 ii #rl I oil �i r cg m s a� aea `Z 5 aaa a n z m a a a r G a r ❑ �° lz a �� m a F � r 9+ IMPROVEMENTS TO A C owl A 4 BEAUMONT POLICE DEPT. Q ;r COMMUNICATIONS DIV. i m 0 BARBARA LIMING CITY CLERK CITY CLERK'S OFFICE City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS November 16, 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 �kl S i 1. Consider approval of a one year contract with Eckerd Health Services for a J prescription drug benefit with the option to renew for four additional years ,. 2. Consider approval for creation of three Grade III Captain positions and elimination i of three Grade I Firefighter positions 3. Consider a service charge not to exceed $1 for utility bill payment at external locations I 4. PUBLIC HEARING: Dilapidated Structures H Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders COMMENTS • Councilmembers comment on various matters • City Manager's Report • Public Comment (Persons are limited to 3 minutes) 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 November 16, 1999 Consider approval of a one year contract with Eckerd Health Services for a prescription drug benefit with the option to renew for four additional years City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Glenda E. Lundy, Human Resources Director MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 12, 1999 REQUESTED ACTION: Council approval of a one year contract with Eckerd Health Services for a prescription drug benefit. At the end of one (1) year, the City may renew this contract for a period of four (4) additional years. There shall be no rate increase in price should an extension be granted. Any terms and conditions stated in the original specifications will apply to any extended periods. Approval on behalf of the City to renew this contract shall be made by the City Manager or his designee. RECOMMENDATION Administration recommends that Council award a one year contract with the option to renew for four additional years effective January 1,2000 with Eckerd Health Services for a prescription drug benefit with increased services and reduced cost. Increased services include a mail-order component and clinical services which provide drug utilization review and evaluation of current and new drugs with a recommendation to the client as to whether the new drug should be covered. The reduced cost is anticipated based on lower dispensing fees and rebates from the drug manufacturers. Attachment A reflects a cost savings of approximately$24,000 due to the proposed lower dispensing fee for both retail and mail-order services. Rebate savings of approximately $5,869 from drug manufacturers could be realized. This savings is based on a conservative average of$4.38 per employee. Actual savings is dependent on utilization. BACKGROUND Specifications were developed and proposals were solicited for a prescription drug plan in August 1999. The specifications requested proposal pricing for a managed care prescription drug plan with a discounted program through local network pharmacies and mail-order for one year effective January 1, 2000 with the option to renew annually for a period of four additional years. Proposers could submit a proposal based on the City's current plan or their standard plan design. Council Agenda Item Page 2 November 12, 1999 On Tuesday, September 7, 1999 proposals for the prescription drug plan were received from Eckerd Health Services, ScriptCare,Inc. and Fara Benefit Services. The pharmacy benefit plan submitted by Fara was not considered because the plan was not cost effective. Staff conducted a telephone interview with Eckerd Health Services (EHS) and ScriptCare, Inc. The interview/discussion provided additional information and clarification of data submitted. The EHS proposal offered the lowest cost delivery system by offering an integration of a cost effective retail and mail-order program. EHS owns and operates its mail-order services which is unlike many competitors who must subcontract with another vendor for this service. EHS and ScriptCare have the same local pharmacy providers in Hardin, Jefferson and Orange counties. In an effort to ensure that the City received the best rates, staff further negotiated rates with both pharmacy benefit managers (PBM). The following is a comparison of the proposed and negotiated rates (bold print represents negotiated rate): Services Eckerd Health Services ScriptCare, Inc. • Mail-order(brand) AWP less 18% vs 16% AWP less 18% vs 16% • Dispensing fee Generic only - $1.75 $1.50 vs $2.50 brand & generic • Drugs not on RightMac Drugs not on HFCAMac AWP less 40% AWP less 40% • Dispensing fee Retail - $2 and $2.25 Retail - $2.75 vs $2.75/$3 • Remote access $150 waived None • Member cards In excess of 2 waived No limit Replacement Employee cost - $50/card No cost for replacement • Rebates 80% of rebates received 50% of rebates received • Adm. Fee $.41 per claim $.40 per claim EHS will match the City's current plan design along with other benefits that will enable the City to maximize its pharmacy benefit dollars. One added feature will be a cost effective prescription mail order program. The retail rates will reflect an average wholesale price (AWP) minus an established percentage plus a dispensing fee for both brand and generic drugs. The proposed administrative fee will be $.41/electronic and $1.50/paper claim. EHS has agreed to guarantee the rates for the entire contract period. ScriptCare, Inc. is the current pharmacy benefit manager for the City's prescription drug plan. Currently, employees, retirees, Cobra participants and their eligible dependents can only purchase prescription drugs at a retail pharmacy. Currently, a mail-order service is not a part of the prescription drug benefit. ScriptCare, Inc. submitted a letter withdrawing their proposal from further consideration which is included in Attachment C. Council Agenda Item Page 3 November 12, 1999 The total cost of providing the prescription drug benefit between October 1998 and August 1999 including the administrative fee was $1,116,000. This cost is based on the average wholesale price (AWP)minus an established percentage plus a dispensing fee for both brand and generic drugs. The administrative fee is $.35/electronic claim and $1.50/paper claim submitted. The rates proposed by ScriptCare for both retail and mail-order benefits are slightly higher than those proposed by EHS. The current average cost per month for prescription drug benefits during FY99 was $93,000. It is anticipated that a positive cost impact will result from lower dispensing fees and average wholesale prices on generic drugs. This coupled with the addition of the mail-order component should also attribute to lower cost. The cost impact, however, is dependent upon the cost and utilization of prescription drugs. Attachment B is a detailed comparison of the original proposed prescription drug benefit and the negotiated/final rate submitted by ScriptCare and Eckerd Health Services. Copies of letters from ScriptCare and Eckerd Health Services which outline their final rates are enclosed as Attachment C. Attachment D are copies of the mail-order savings analysis and the co-pays for both the retail and mail-order as approved by City Council on 10/29.99. Attachment E is a copy of the contract in its substantial form. Attachment F reflects the responses to the questions presented by City Council members on Tuesday. BUDGETARY IMPACT Appropriation of funds is available in the prescription drug line item of the Employee Benefit Fund in the amount of$1,100,000 for FY2000. PREVIOUS ACTION Council Deferred Action on 10/26/99 and 11/9/99 SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Human Resources Director RECOMMENDED MOTION Approve/Deny authorizing the award of a one year contract with Eckerd Health Services for a prescription drug benefit effective January 1, 2000. At the end of the one (1) year, the City may renew this contract for a period of four(4) additional years at the prices quoted. There shall be not an increase in price should an extension be granted. Any terms and conditions stated in the original specifications will apply to any extended periods. Approval on behalf of the City to renew this contract shall be made by the City Manager or his designee. Attachment A Dispensing Fee Comparison (Cost Savings) Attachment B Prescription Drug Proposal Comparison Attachment C Letters from ScriptCare and EHS regarding negotiated/final rates Attachment D Mailorder Saving Analysis/Retail and Mail-order Co-pays Attachment E Contract in substantial form Attachment F Responses to questions from 11/9/99 Council Meeting adcu20003 Attachment A SDispensing Fee Comparison (Based on current plan utilization from 10/98 - 9/99) No. of Per RX Presc_riptions Rate Total Savings A. Retail Script Care Brand without Generic 17,240 x S2.75 = 847.410 Brand with Generic 1,862 x 2.75 = 5.121 Generic 12,521 x 2.75 = 34433 Total 31 ,623 886,964 Eckerd Health Services Brand «rithout Generic 17,240 x 82.00 = 834,480 $20,588 Brand witli Generic 1,862 x 2.00 = 3,724 Generic 12,521 x 2.25 = 28,172 Total 31,623 $66,376 B. Mail-Order Scri t Care Brand without Generic 2,576 x $1.50 = $3,864 Brand IVNIIth Generic 278 x 1.50 = 417 Generic 1,871 x 1.50 = 2,807 Total 4,725 $7,088 Eckerd Health Services Brand without Generic 2,576 x $0.00 = $0 $3,814 Brand «rith Generic 278 x 0.00 = 0 Generic 1,871 x 1.75 = 3,274 Total 4,725 $3,274 Total Savings . $24,402 Note: Mail-order comparison is based on 13% of total plan usage 10/21/99 08:30 AM DISPFEE.WK4 • PRESCRIPTION DRUG PWM PROPOSAL COMPARISON Oachment B Retail Mail-order Brand w/o Brand w/ Generic Brand w/o Brand w/ Generic Generic Generic Generic Generic Eckerd AWP* AWP - 13% AWP - 13% AWP - 50 to AWP - 16% AWP - 16% AWP - 50 to 53% Health 53% RightMAC RightMAC Services Administration Electronic .41 Electronic .41 Electronic .41 Electronic .41 Electronic .41 Electronic .41 Original Fee Paper 1.50 Paper 1.50 Paper 1.50 Proposal Dispensing 2.00 2.00 2.25 -0- -0- 1.75 Fee Rebates 80% rebates from drug manufacturer for City, other 20% for PBM AWP* No Changes AWP - 18% AWP - 18946 AWP - 50-53% RightMAC; not RightMAC AWP -40% Negotiated/ Administration Fee and Dispensing Fee remain the same Final Rate Script AWP* AWP - 12 to 14% AWP - 12 to 14% AWP -40% or AWP - 16% AWP - 16% AWP -40% or HCFAMAC Care HCFAMAC Original Administration Electronic .40 Electronic .40 Electronic .40 Electronic .40 Electronic .40 Electronic .40 Proposal Fee Paper 2.00 Paper 2.00 Paper 2.00 Dispensing 2.75 2.75 3.00 2.50 2.50 2.50 Fee Negotiated/ AWP* No Changes AWP - 18% AWP - 18% No chang e Final Rate Rebates 50% rebates from drug manufacturer for City, other 50% for PBM Administration Fee remain the same Dispensing Fee changed to$2.75 for all retail prescriptions Dispensing Fee changed to $1.50 for all mailorder prescriptions Current AWP* AWP - 12 to 14% AWP - 12 to 14% AWP-40% N/A N/A N/A Plan Administration Electronic .35 Electronic .35 Electronic .35 Fee Paper 2.00 Paper 2.00 Paper 2.00 Dispensing 3.00 3.00 5.00 Fee *AWP-Average Wholesale Price IRS ('.�OI'PI('IPWI'WIN\WPI)OCSVCON'IRA('I 1111)AH11)('OMI'AAR Nit ll)991 WI'D MINI')() 4:11 pm I- ATTACHMENT C SCRIPT CARE, Nc- Pluimiacy Beneflts Mmwgcnient Munkalai L NOV 11999 %I tilt X P October 1991) In Rc: ("11-1-1cr codcl S(T GI-01.1p Number: 7120 GI-01.11) NaHIL: Clt% of Bt:.auriiora. Teas Effective Dat(2: October 1, 19)() N/Is. Glenda Lundy City of Beaumont PO Box 3827 Beaumont, TX 77704 Dear Glenda: Please accept this letter as official notification that Script Care is withdrawing it's bid on Proposal Number BF0799-63. We have enjoyed working with you and the City for the past ten years. Please call if you have any questions. racer 1%-. j1f, -n, R.Ph- .1 jini B3ro%k President /kcs cc: Mr. David W. Moore - Mayor Mr. John K. Davis - Mayor Pro-Tem Dr. Lulu Smith - Councilmember, Ward I Mr. Guy N. Goodson - Councilmember, Ward Ms. Bobble J. Patterson - Councilmember, Ward 4 Mr. Andrew P. Cokinos - Councilmember, At Large Ms. Becky Ames - Councilmember, At Large Mr. Stephen J. Bonczek - City Manager Mr. Lane Nichols - City Attorney 87 IH-10 North,Suite 100 • Beaumont,Texas 77707 • (409)833-9061 • (800)880-9902 Fax:(409)833-7435 E-mail:infc�� riricare-cotn • Web Pa}e:N%��,-scrlptcare-conl Attachment C 09) 832-3041 1-800-880-9988 SCRIPT CARE, INC. October 18, 1999 Ms. Glenda Lundy City of Beaumont,Texas P.O. Box 3827 Beaumont, TX 77704 Dear Glenda, Enclosed please find the pricing summary which Mr. Bonczek had requested in our telephone conversation October 13, 1999, and a sample pricing he had requested during a previous telephone discussion with Kevin. I have also enclosed our most recent listing of our MAC pricing. This should help you with your evaluation. In your fax dated October 18, 1999, regarding extending our current contract through December 31, 1999, there is no problem granting that extension. On the question concerning, "eligibility report in the format required by the new administrator," I cannot answer that issue at this time since I do not know what kind of format the new administrator would be requesting. This is not something we have ever requested from another Pharmacy Benefit Manager nor has another Pharmacy Benefit Manager ever requested that information from Script Care, Inc. It is standard procedure for the employee group to send the Pharmacy Benefit Manager a current eligibility file. Furthermore, I cannot identify what the cost might be for this eligibility transfer issue since again I do not know what exactly the new administrator might request. Please provide me with more details in order for me to answer your questions. If you should need additional information,please do not hesitate contacting me. Sin rely, Jim Brown, R. Ph. President JB/cks 87 IH-10 North, Suite 100 • Beaumont, Texas 77707 • FAX (409) 832-3109 Summary Sheet for City of Beaumont Proposal it Pricing Independent Phy Chain Phy Walgreen Phy Brand Drugs AWP - 13% + $2.75 AWP - 14% + $2.75 AWP- 12% + $2.75 AWP -40% or MAC + AWP -40% or MAC + AWP -40% or MAC + Generic Drugs $2.75 $2.75 $2.75 Drug Source - Advanced Paradigm Rx Direct- Mail Order Pricing - Chicago, IL Dallas, TX Paris,Tx Brand Drugs AWP - 17% + $2.00 AWP- 18% + $1.50 AWP - 18% + $2.00 AWP -40% or MAC AWP -40% or MAC AWP -40% or MAC Generic Drugs + $2.00 + $1.50 + $2.00 III Admin/Processing Charge Paid Electronic Rx Claims $0.40 Rejected Claims No Charge Self Pay Manual Claim $2.00 i Reports/Reporting i Standard Reports No Charge Ad Hoc or Special Reports To be quoted upon request Identification Cards Standard Cards No Charge Custom Cards To be quoted upon request Card Distribution Intial Printing If mail to individual addresses, cost plus postage Additional Cards No charge j Differential Pricing None j I Formulary Services- Rebates- Open Formulary 50/50 Preferred Formulary 80/20 Closed Formulary 50/50 j Miscellaneous Services- Eligibility Manual Entry No Charge Electronic Access Entry No Charge so Page 1 j SCRIPT CARE, INC-'; SC'F,,1PT CARE, mc. Phctn'ut,y Bc-refits 3 lcuto�;�tn��rnt � was p � 1W 14AZOy October 20. 1999 CIA ITN-'�D DELIVERY Ms. Glenda Lundy Citv of Beaumont. Texas PO Box 3827 Beaumont, TX 77704 Dear Glenda: Confirming our telephone conversation of this afternoan, this will reiterate our proposal to include Eckerd's as the mail order provider through your Script Care, i-ic. pharmacy benefit program. I would be happy to discuss this proposition with you and Mr. Ronczek at your convenience. If you should need additional information,pl,ea.se do not hesitate contacting me. S ncerely, Jim Brown, R. Ph. President JB/kcs cc: Mr Stephen j Bonczek City of Beaumont PO Box 3827 Beaumont,T1 77704 VIA FACSMTLE 87 IH-10 North,Suite 100 • Beaumont,Tfx:u 17-107 (4091 X33-9('C. 0'100)880-9902 Fax:(409)833-7435 E-rn.ril info @scripic.rec,,n We (a,_r: v:..._eritucuau,m Attachment C k1 4 HEALTH SERVICES T H E - RIG H T - S O L U T I O N City of Beaumont Prescription Benefit Prcaram Pricing, Proposal: Best and Final October 13, 1999 The following are commitments to the Cite of Beaumont: Original Proposal—Mail order pricing to be AWP-16% Nevotiated Proposal—NIail order pricing to be :���'P-18%, no dispensing fee. Original Proposal—Remote Access charge of S1 50.00 to City of Beaumont Negotiated Proposal—Remote Access charge of$150-00 to be Nvaived by EHS_ Original Proposal—All member cards exceeding 2 are $0.50 each �;e1,otiated Proposal—All additional cards needed for reasonable purposes will be venerated at no charge during the initial enrollment period (Out of town-college students. children living in city different than member etc.) List provided to Regional Sales Manager during enrollment. Additional Issues: ♦ Eckerd/JC Penney/EHS conunitment to City of Beaumont: Fiscal 1998-99 Financial Impact of Eckerd's presence to City of Beaumont. Excludes JC Penney store & surrounding counties' 8 Eckerd stores. Store Location Sales Dollars Payroll Dollars Taxes Paid 2031 Phelan Blvd S 7,373,291.00 $ 815,581.00 $ 78,238.00 2311 Ave A S 3,138,265.00 $ 346,632.00 $ 40,566.00 2312 Concord RD S 1,840,710.00 S 278,338.00 $ 29,735.00 2719 East Fwy S 3,639,481.00 $ 347,571.00 $ 41,112.00 Totals 4 Stores $ 15,991,747.00 $ 1,788,122.00 $ 189,651.00 We are committed to our employees in our stores who live in the Beaumont community and render taxes, as good citizens. additional to the amount Eckerd pays. In turn we are continuing to upgrade our store base as represented in our new 24 store that will be open this week. The above listed retail sales and payroll dollars show a genuine and on-going relationship with the City of Beaumont. ♦ Competitor-"Mail service will not save you money". EHS's response is found in the attached table titled ti1ail Service Savings Analysis. 16597 Interstate 45 South • Conroe, TX • 77385-3403 • Phone: (281) 364-2810 • Fax: (281) 364-2814 HEALTH SERVICES THE - RIG HT - SOLUTION ♦ Competitor-"You will never see Rebates from EHS" We share rebates with the City of Beaumont, unlike the present contract the cite has vyith the contracted PBIM. Our proposal saes that vve vv111 share 80%, of rebates with the Cite. Copies of rebates paid to several companies we do business vyith %s ere sent to Karen and Glenda to review. ♦ Competitor-"The HCFA list I use has over 35,000 drugs on it" The facts are that the HCFA list printed from the Government Website on October 11, 1999 shows only 601 drugs on the HCFA list and the majority are for multiple dosage forms and not multiple drugs—therefore less hits to the MAC list. Our RIGHTMAC list has over 630 drugs and is updated quarterly to include new product availability and/or additional discounts. The list printed on the October 1 I 1 from HCFA has not been update since July 1998! ♦ Competitor-`'EHS is charging you$0.91 &f claim administrative fee", leOur ro osal is an administrative fee of 50.41/claim. In addition there is no charge to the P P Citv of Beaumont for claims that are reversed or voided. paid claims only. Presented to the City of Beaumont Bill Jardine Don Houchin, R.Ph. Director of Sales Regional Sales Manager Eckerd Health Services Eckerd Health Services 16597 Interstate 45 South • Conroe, TX • 77385-3403 • Phone: (281) 364-2810 • Fax: (281) 364-2814 HEAL'T'H SERVICES • THE • RIGHT • S0LUTION October 1'). 1999 Glenda Lundy Karen Satterly City of Beaumont Dear Karen and Glenda: Per our discussion of Tuesday, October 13, 1999, please consider our proposal for Mail Service. ♦ Generic Pricing -- RIGHTMAC or if not a MAC item then priced at AWP less 40%. The Web-Site for the HCFA information is included in this Fax. Hard copies to follow for all of these faxes! If I can be of any assistance whatsoever, please call. I look forward to speaking with you in the near future. Thanks for all of your efforts, 'qk' ri'tC4 Don Houchin, R.Ph. Regional Sales Manager Eckerd Health Services FAX Others Sell Programs. We Build Relationships. • • • • • • • • • • • • • • • • • • • • • • • • • • 16597 Interstate 45 South • Conroe, TX • 77385-3403 • Phone: (281) 364-2810 • Fax: (281) 364-2814 At:tachrrro k a HEALTH SERSICES THE * RIGHT • SOLUTION Mail Service Average Discounted Store to Mail Maint. Store Rx Average Gross Maintenance Day Supply Cost a F,quiv. Discounted Mail Service Store Rx Cost Multiple Mail Day Supply Mail Rx Cost Savings Per Rx Brand Rx: $56.62 3.05 $172.69 $141.03 $31.66 Generic Rx: $14.09 3.59 $50.58 $40.27 $10.31 Wt. Ave. Rx: $43.86 3.21 $136.06 $110.80 $25.26 Wt. Ave. Copay: $19.00 3.21 $58.76 $38.00 ($20.76) Net Wt. Ave. Rx Cost-Beaumont: $24.86 $77.30 $72.80 $4.50 ASS11111 )t1o11S — 30% Generic Dispensing Rate for Maintenance Medications (c-�, Store and Mail — Proposed EFTS Mail Service Reimbursement I'ornlllla • Brand Drugs: AWP - 18% + a $0 Dispense Fee Generic Drugs: MAC (e.g., AWP - 51%) + a $1 .75 Dispense Fee — Store Reimbursement Formula: • Brand Drugs: AWP - 13% + a $2.00 Dispense Fee • Generic Drugs: MAC (e.g., AWP - 51 %) + a $2.25 Dispense Fee — Mail Service Copay of Brand(Single and Multi-Source) $50 and Generic $ 10 — Days Supply Store Brand: 26.8 Mall Brand: 81 .8 Store Generic: 22.3 Mail Gencric: 80.4 ATTACHMENT D Prescription Drug Co- pays Retail and Mail-order Approved by City Council on 10/29/99 The City offers a prescription drug benefit to approximately 1,341 regular full-time employees and 141 retirees and;or Cobra participants. This benefit is available to plan participants of both medical plans and is currently administered by ScriptCare, Inc. The current plan design allows employees and their dependents to obtain a 30 day supply of prescription drugs by remitting a co- pay of$3 for generic drugs. $15 for a name brand with no generic available and $20 for a name brand with a generic available. The co-pay of$3, 15 and 20 represents the amount the employee pays the pharmacy while the City absorbs the remaining cost of the prescription drug. The City paid $1,116,000 for prescription drugs in FY99 compared to $991,000 in FY98 resulting in a 12.6% cost increase. Due to the rising cost and increased utilization of prescription drugs by participants. administration recommends the following co-pay changes for all plan participants effective January 1, 2000 at local retail stores: Current _Proposed Generic $ 3 $ 5 Name brand without generic 15 15 Name brand with generic 20 25 The $3 co-pay for generic drugs has been in effect since October 1989 while the $20 co-pay for name brand drugs with a generic became effective January 1998. With the implementation of the mail-order component of the prescription drug service, it is proposed that the City requires two co-pays for each 90 day supply of generic and name brand without a generic prescription. For each 90 day supply of name brand prescription with generic available, 21/2 co-pays will be required. The intent of the 21/2 co-pays is to encourage additional utilization of the generic prescriptions. The purpose of fewer co-pays is to give the employees and their dependents an incentive to utilize the mail-order component. The two co-pays will save the employees one co-pay per prescription resulting in a savings of either $5 or $15. The 21/ co- pays will result in a $15 savings. Although the employee will benefit from less co-pays, it will not increase the City's cost. This is due to the City paying 5% less on the average wholesale price (13% at the retail stores and 18% mail-order) with the mail-order service. There is no dispensing fee for filling a name brand prescription (and a lower dispensing fee for a generic prescription) under the mail-order component. This will result in additional savings. The following co-pays for a 90-play supply under the mail-order component is recommended effective January 1, 2000: Current Proposed Generic $ 0 $ 10 Name brand without generic 0 30 Name brand with generic 0 60 Staff is recommending that City Council pass a resolution authorizing the City Manager to implement the proposed prescription co-pay changes for all participants and the contribution rate 0 changes for retirees effective January 1, 2000. «wkerO LETTER OF UNDERSTANDING/CONTRACT Attachment E between ECKERD HEALTH SERVICES and THE CITY OF BEAUMONT THIS AGREEMENT, made as of the I st day of January, 2000, between TDI Managed Care Services, Inc., d/b/a/ Eckerd Health Services, a Delaware corporation, with its principal place of business at 620 Epsilon Drive, Pittsburgh, Pennsylvania 15238 ("EHS"), and City of Beaumont,with its principal place of business at 801 Main Street, Beaumont, Texas 77701. WHEREAS, Sponsor has committed to provide a prescription drug plan for eligible covered persons; and WHEREAS, EHS has established a nationwide network of retail and mail service pharmacies to accept sponsor's prescription drug plan; and WHEREAS, EHS has a remote electronic claims adjudication and processing system for adjudicating and processing claims made for prescription drugs and other goods and related services; and WHEREAS, EHS has a drug utilization review service by which the cost effectiveness, interaction and resulting therapeutic effect of various drugs is reviewed and monitored electronically; and WHEREAS, EHS has a prescription drug benefit management service for designing and managing prescription drug benefit plans; and WHEREAS, Sponsor desires to engage EHS to adjudicate and process claims on its behalf through the electronic claims adjudication and processing system and may request EHS to implement drug utilization review and benefit management services now or in the future, and EHS desires to furnish such services as described in this Agreement. NOW, THEREFORE, in consideration of the mutual premises and agreements herein contained, the parties hereto agree as follows: I. DEFINITIONS A. "Benefits" means the prescription drugs and other goods and related services covered by the Plan. OOEckerd.wpd II/5/99 Page I B. "Covered Person" means an individual who is eligible to receive Benefits in accordance with and under the terms of a Plan. C. "Effective Date" means the period beginning on January I, 2000. D. "Exclusions" means the prescription drugs and other goods and related services not covered by the Plan. E. "Member Pharmacies" means a nationwide network of retail and mail service pharmacies that have contracted with EHS and may accept Sponsor's Plan. F. "Plan" means Sponsor's prescription drug plan. G. "EHS Program" means the EHS Claims System, EHS DUR and the other services which EHS may provide to sponsor. H. "EHS DUR" means the concurrent drug utilization review program used by EHS. I. "EHS Claims System" means the electronic system used to adjudicate and process claims made for Benefits. II. OBLIGATIONS OF SPONSOR A. Prior to the Effective Date, Sponsor shall provide EHS, in a form approved by EHS, with information concerning the Plan, as and when needed and in sufficient detail to allow EHS to perform its obligations hereunder, including at least the following: I. The effective date and the expiration date of the Plan; 2. The classes of dependents covered, including any age limits applicable to dependent children; 3. The estimated number of Covered Persons by geographic location; 4. The manner of distribution of EHS identification cards to Covered Persons; S. The Benefits and Exclusion under the Plan; 6. The parameters ("Parameters") for determining (1) whether and to what extent Benefits are covered by the plan or Exclusions apply, and (ii) the amounts of all payments and the compensation rates to be offered for all Benefits; 7. The amount of the Plan deductible, or copayment, if any; and OOEckerd.wpd 11/5/99 Page 2 8. Electronic eligibility information, including at least the following: (a) The names and identification numbers of all Covered Persons as of the Effective Date; (b) The relationship of each Covered Person to one another (e.g., qualified dependent) as applicable and such other information as may be reasonably required for adjudication of claims via the EHS Claims System; (c) The date of birth of each Covered Person; (d) If Sponsor's Plan includes EHS DUR, sufficient information to prepare Covered Persons' profiles for use in providing EHS DUR services; (e) If Sponsor's Plan includes network planning, each Covered Person's home address; and (f) Updates to, additions to and deletions from eligibility information and Covered Persons' profiles on a continuous basis as such changes occur. B. Sponsor warrants that if the Plan provides for the reimbursement to Covered Persons of the cost of prescription drugs purchased at non-Member Pharmacies, then the Plan shall state that such reimbursement shall be conditioned upon the submission of a claim for direct reimbursement in a form approved by Sponsor and EHS, together with the Covered Person's proof of payment for the prescription drugs. C. Prior to the Effective Date, Sponsor shall provide each Covered Person with complete and accurate information describing the Plan and the EHS Program. D. Sponsor warrants that the Parameters and the information provided to EHS pursuant hereto are consistent with the Plan in all respects. E. Sponsor agrees not to sell or share the information about the discount to or with any third party, except as allowed in accordance with the Open Records Act. III. OBLIGATIONS OF EHS A. EHS shall provide eligible employees/retirees including dependents with the required number of identification cards during the initial enrollment. The City of Beaumont agrees all enrollment contracts shall provide that eligible OOEckerd.w P d II/5/99 Page 3 employees/retirees their dependents must present their identification cards to each pharmacy at the time of seeking to have a prescription filled. Replacement cards will be provided at a charge of $.50 each and the City will remit such monies collected to EHS. B. EHS shall enter the Plan's Parameters and eligibility information received from Sponsor into the EHS Claims System. The information entered into the EHS Claims System shall be deemed correct until EHS is otherwise notified by Sponsor that corrections are required. EHS shall promptly correct any errors brought to its attention. C. EHS shall take all reasonable steps to maintain its contracts with an adequate number of Member Pharmacies in the various geographic locations where Covered Persons are resident, EHS shall furnish each Member Pharmacy with a summary description of the Plan. Sponsor acknowledges and agrees that the Member Pharmacies are chosen solely based on their willingness to provide services to the Covered Persons and their professed willingness to abide by the Pharmacy Service Agreement. Sponsor further acknowledges and agrees that EHS shall not be responsible for any negligence, fraud or misconduct of any Member Pharmacy or any employee, agent or officer of Member Pharmacy. D. EHS,or its designated agent, shall process claims received from Member Pharmacies through the EHS Claims System and may also process paper claim forms received from Covered Persons for direct reimbursement. EHS, or its designated agent, shall determine eligibility and conformity to the Plan and effect payment of eligible claims and provide notification of declined or ineligible claims. The parties acknowledge that EHS is not a fiduciary or plan administrator of Sponsor or Sponsor's Plans and that, with respect to the provision of services by EHS under this Agreement, EHS shall not assume any obligations of Sponsor, any named fiduciary or the Plan administrator. E. EHS shall invoice Sponsor for the retail and/or mail service prescription claims amounts and applicable sales tax, if any, which have been processed by EHS, or its designated agent, during the applicable period (the "Prescription Claims Invoice"). EHS shall furnish to Sponsor a Prescription Claims Invoice no less frequently than twice a month. F. EHS shall invoice Sponsor for the administrative fees specified in Exhibit A (the "Administrative Fees") which have become due during the applicable period (the "Administrative Fees Invoice"). EHS shall submit to Sponsor an Administrative Fees Invoice no less frequently than monthly. (Hereinafter the Prescription Claims Invoice and the Administrative Fees Invoice are collectively referred to as the "Invoice"). OOEckerd.wpd 11/5/99 Page 4 IV. MAIL SERVICE PHARMACY A. EHS shall arrange to provide the mail service pharmacy services described in Exhibit B. V. EHS DUR SERVICES A. If requested by Sponsor, EHS shall provide the EHS DUR services listed in Exhibit C. B. EHS, on behalf of Sponsor, may deny payment for claims to the extent the information received is not sufficient to allow for EHS DUR services. VI. BENEFIT MANAGEMENT SERVICES A. If requested by sponsor, EHS shall provide the benefit management services listed in Exhibit D. VII. REMUNERATION AND PAYMENT A. Within forty-eight (48) hours of receipt of a Prescription Claims Invoice from EHS, sponsor shall initiate an Automated Clearing House (ACH) transfer or an electronic wire transfer for the Prescription Claims Invoice amount to a bank account designated by EHS. B. Within ten (10) business days of receipt of an Administrative Fees Invoice from EHS, Sponsor shall remit payment for the Administrative Fees Invoice amount to EHS. The "business day" does not include bank or City holidays. C. Eckerd Health Services shall submit the claims and administrative invoice to the City's Human Resources Department for payment within ten (10) days after the end of the accounting period of providing the covered services. Within forty-eight (48) hours of receipt of the prescription claims invoice from EHS, the City shall initiate an Automated Clearing House (ACH) transfer for the invoice amount to a bank designated by EHS. D. The invoice for the administrative fees shall be combined or submitted along with the claim invoice at the beginning of each month by EHS. The City will remit both payments as a combined total simultaneously via Automated Clearing House transfer. E. The City must remit payment for services in accordance with state regulations or the late payment allowed may be required by EHS. OOEckerd.wpd 11/5/99 Page 5 VIII. RECORDS AND DATA A. EHS shall maintain for the life of the contract to prevent loss of information prior to the end of the contract period, in original form or on electronic media, the claims and paper claim forms supporting the invoices. EHS and Sponsor shall allow each other to audit, review and duplicate such records and any other records in their possession that relate primarily to the obligations undertaken by either party under this Agreement. The review and duplication of records shall be allowed upon reasonable notice during regular business hours at the place of business of the record holder and shall be subject to all applicable state and federal laws and regulations regarding the confidentiality of such records. Duplication shall be at the cost of the requesting party. Sponsor acknowledges that reimbursement rates for pharmacy services paid by EHS to Member Pharmacies are not necessarily a pass through of contracted rates between EHS and Sponsor. Accordingly, notwithstanding anything to the contrary set forth herein, Sponsor shall not have the right to audit, review or otherwise access information regarding contracted reimbursement rates or amounts of payments from EHS to Member Pharmacies. Upon request, EHS shall verify to Sponsor that all claims made by Member pharmacies for Benefits provided to Covered Persons have been paid by EHS. B. EHS shall retain full ownership rights over all compilations and analyses generated by EHS, as well as all property technology, software and other data utilized by EHS in its performance under this Agreement Ownership rights shall include, but are not limited to, all rights associated with publication, trade secrets, copyrights, trademarks and patents. EHS shall retain the right to use all data and information received from Sponsor or Member Pharmacies provided such use shall not violate any Covered Person's right of confidentiality. Sponsor acknowledges that EHS has made it aware of the existence of manufacturer rebates and it will receive from EHS any rebates in connection with this Agreement. Sponsor agrees that EHS, or its designated agent, may submit Covered Persons' prescription claim information to drug manufacturers and/or other third parties for which EHS, or its designated agent, may receive a rebate and/or other discounts for the Sponsor. C. EHS shall submit the claims and administrative invoice to the City's Human Resources Department for payment within ten (10) days after the end of the accounting period of providing the covered services. Within forty-eight(48) hours of receipt of the prescription claims invoice from EHS, the City shall initiate an Automated Clearing House (ACH) transfer for the invoice amount to a bank designated by EHS. D. All records, reports and other data provided by EHS to Sponsor under this Agreement are for Sponsor's use in claims administration and plan management,and EHS disclaims all liability arising out of Sponsor's other use or dissemination of the reports and summaries. Sponsor shall treat as confidential any information which • OOEckerd.wpd 11/5/99 Page 6 individually identifies a Covered Person, Member Pharmacy or physician/prescriber. Sponsor agrees to indemnify and hold EHS, its affiliates, directors, officers, employees, agents and parent harmless from any and all liability, claims, actions or demands (including reasonable attorneys' fees) caused by, arising out of, or in any way related to Sponsor's use or dissemination of the information, reports and summaries. E. EHS and Sponsor acknowledge that certain information, reports and data generated under this Agreement are subject to applicable confidentiality of medical records laws, and the parties agree to comply in all material respects with such laws. Sponsor represents that is has received from each Covered Person his/her consent for EHS to obtain and/or possess prescription and medical information relating to him/her. IX. TERM AND TERMINATION OF AGREEMENT A. This agreement shall commence as of January I, 2000, and continue for a period of one year. At the end of one (1) year, the City may renew this contract for a period of four (4) additional years. There shall be no rate increase in price should an extension be granted. Any terms and conditions stated in the original specifications will apply to any extended periods. Approval on behalf of the City to renew this contract shall be made by the City Manager or his designee. B. This Agreement may be terminated as follows: I. By either party, with or without cause, on sixty(60) days prior notice to the other. Upon receipt of said notice, this Agreement shall terminate at the expiration of the then current term. 2. By either party in the event the parties are unable to agree on changes in Administrative Fees as provided in Article VII hereof, 3. By either party if the other party shall materially default in its performance of this Agreement. The terminating party shall provide the other party thirty (30) days' prior notice specifying the nature of the default. Such notice shall not be effective and this Agreement shall not terminate if the other party shall cure, or undertake reasonable efforts to cure, such default within the thirty (30) day period. C. This agreement/contract shall be governed by the laws of the State of Texas where such services are provided and shall be subject to cancellation with 60 days written notice by either party with or without cause. 0 OEckerd.w d 11/5/99 Page 7 p D. In the eve,it of a termination hereunder. I. EHS shall have the right to notify its Member Pharmacies that Covered Persons' EHS identification cards for the Plan become invalid as of the termination date; 2. The liability of Sponsor for obligations incurred up to the effective termination date, including all costs of collection and reasonable attorneys' fees, shall survive termination; and 3. Articles VIII and XI hereunder shall survive termination. X. NOTICES All notices pertaining to this Agreement shall be delivered in person, sent by certified mail, delivered by air courier, or transmitted by facsimile and confirmed in writing (sent by air courier or certified mail) to a party at the address or facsimile number shown in this Agreement, or such other address or facsimile number as a party may notify the other party from time to time. Notices delivered in person, and notices dispatched by facsimile prior to 4:30 PM, recipient's time, Monday through Friday (legal holidays excepted), shall be deemed received on the day sent. All other facsimiles and notices shall be deemed to have been received on the business day following receipt-, provided, however, if such day falls on a weekend or legal holiday, receipt shall be deemed to occur on the next business day. Notices may also be transmitted electronically between the parties provided that proper arrangements are made in advance to facilitate such communications and provide for their security and verification. Notices to EHS shall be addressed to: TDI Managed Care Services, Inc. d/b/a Eckerd Health Services 620 Epsilon Drive Pittsburgh, Pennsylvania 15238 Attn.: Sr. Vice President Facsimile No. 412-967-2333 Notices to Sponsor shall be addressed to: City of Beaumont P. O. Box 3827 (801 Main Street) Beaumont, Texas 77701 Attn: Glenda E. Lundy, Human Resources Director Facsimile No. 409-880-3108 OOEckerd.w P d II/5/99 Page 8 A. The EHS Claims System is dependent upon the accurate transmission and processing of data by electronic means. EHS shall not be liable for any damages or claims arising out of any interruption in transmission or processing. B. Nothing in this Agreement shall be construed or be deemed to create any rights or remedies in any third party, including, but not limited to, a Covered Person. C. EHS shall use ordinary care and reasonable diligence in the performance of its duties under this Agreement. Sponsor acknowledges that this Agreement is not a contract for the sale of goods, and EHS DISCLAIMS ALL EXPRESS AND ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO THE QUALITY, ACCURACY OR SUITABILITY FOR ANY PARTICULAR PURPOSE OF THE INFORMATIONAL DATA GENERATED THROUGH THE EHS CLAIMS SYSTEM. D. The parties agree that in no event shall EHS have any liability to Sponsor or any Covered Person in connection with, nor shall EHS have any responsibility for the acts or omissions of any Member Pharmacy or pharmacist who, performs any services in connection with this Agreement. EHS shall not, under any circumstances, be liable or responsible for injury, including death, suffered by any Covered Person from any prescription drug dispensed or not dispensed by any Member Pharmacy or pharmacist using the EHS DUR system for any purpose, or for any side-effects or other consequential or incidental damages of any kind or description whatsoever from the use, or refrain from use, of any such prescription drug, it being expressly understood that such liability and responsibility rests entirely upon the Member Pharmacy or pharmacist dispensing the prescription drug. E. In no event shall EHS, its affiliates, directors, officers, employees, agents and parent be liable for (1) any third party claims against Sponsor, its affiliates, directors, employees or agents for losses or damages, or (ii) any indirect, special, incidental, consequential (including lost profit or savings) damages, even if EHS is informed of their possibility. F. In no event shall the liability of EHS, its affiliates, directors, officers, employees, agents and parent under or in connection with this Agreement exceed the actual loss or damage to Sponsor, up to the amount of the Administrative Fees paid to EHS by Sponsor hereunder for the three (3) month period immediately preceding the date on which the claim arose. G. The EHS agrees to fully indemnify, hold harmless and defend the City, its officers, agents, servants and employees from and against any and all claims, demands, costs and expenses for damages arising out of personal injury, including death, to any and all persons, of whatever kind or character, whether real or asserted, arising out OOEckerd.wpd 11/5199 Page 9 of or in connection with this contract or the performance thereof, to the extent caused by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of the EHS; EHS assumes all liability in any and all claims or suits for personal injury, including death, to any and all persons, of whatever kind or character, whether real or asserted, arising out of or in connection with this contract or the performance thereof, to the extent caused by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of EHS, and specifically including negligence by the City of Beaumont, its officers, agents or employees in connection with the performance of this contract. XII. GENERAL A. Neither this Agreement nor any of the obligations to be performed hereunder may be assigned, directly or indirectly, by either party without the prior written consent of the other party; provided, however, that the preceding restriction shall not apply to the transfer by EHS of all or substantially all of EHS Claims System processing or EHS DUR services or to any transfer made by EHS to a subsidiary or parent of EHS. Any assignment or attempted assignment in violation of this restriction shall be void. This Agreement binds and inures to the benefit of the parties hereto and their permitted successors and assignees. B. Neither party shall be liable in any manner for any delay or failure to perform its obligations hereunder which are beyond such party's reasonable control, including without limitation, any delay or failure due to strikes, labor disputes, riots, earthquakes, storms, floods or other extreme weather, fires, explosions, acts of God, embargoes, war or other outbreak of hostilities, delay of carriers, suppliers or telecommunications providers, or government acts or regulations. C. Any failure by either party to enforce or require the performance by the other party of any of the terms or conditions of this Agreement shall not constitute a waiver of a breach of any such term or condition thereafter occurring. D. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same agreement. This Agreement shall become binding when one or more counterparts hereof, individual or taken together, shall bear the signatures of all of the parties reflected hereon as the signatories. E. Any invalidity, illegality or unenforceability of any provision of this Agreement in any jurisdiction shall not invalidate or render illegal or unenforceable the remaining provisions hereof in such jurisdiction and shall not invalidate or render illegal or unenforceable such provision in any other jurisdiction. • OOEckerd.wpd 11/5/99 Page 10 F. This Agreement shall be governed and construed in accordance with the laws of the State of Texas. Any action or proceeding by or against either party or with respect to or arising out of this Agreement shall be instituted and litigated in the state or federal courts located in the State of Texas and no other. G. This Agreement, together with the Exhibits hereto, constitutes the entire understanding between the parties hereto with respect to the subject matter hereof. Except as otherwise expressly contemplated herein, no prior oral or written communication with respect to the subject matter hereof, nor any supplement, modification, waiver or amendment of this Agreement unless executed in writing by the parties hereto, shall be binding. Notwithstanding the provisions of this Section G, EHS may amend this Agreement or any Exhibit hereto without the consent of Sponsor in order for this Agreement to fully comply with all applicable federal, state or local laws and regulations. H. Assignment: Neither party may assign their rights or obligations under this Agreement without the prior written consent of the other party. I. No Third Party Beneficiaries: This Agreement is not a third party beneficiary contract and shall not, in any manner whatsoever, increase the rights of any Beneficiary with respect to the City or the duties of City to any Beneficiary or create any rights on behalf of Beneficiaries regarding EHS. Thee City and EHS reserve the right to amend or terminate this Agreement as set forth herein without notice to, or consent of, any such Beneficiary. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers or representatives duly authorized so to do. TDI MANAGED CARE SERVICES, INC. CITY OF BEAUMONT d/b/a ECKERD HEALTH SERVICES James F. Smith, Sr. Vice President Stephen J. Bonczek, City Manager OOEckerd.wpd 11/5/99 Page I I EXHIBIT A PRICING AND ADMINISTRATIVE FEES A. RETAIL PHARMACY PRICING: The lower of Usual and Customary or: BRAND DRUGS: GENERIC DRUGS: B. MAIL SERVICE PHARMACY PRICING BRAND DRUGS: GENERIC DRUGS: C. ADMINISTRATIVE FEES BASE CLAIMS PROCESSING FEE (PER PAID CLAIM) DIRECT MEMBER REIMBURSEMENT (PER SUBMITTED CLAIM) FOREIGN DIRECT MEMBER REIMBURSEMENT (PER SUBMITTED CLAIM) SUBMISSION OF ELIGIBILITY (FROM PAPER DOCUMENTS) Start Up (Per Person) Updates (Per Person) ADDITIONAL REPLACEMENT ID CARDS (SET OF TWO) (Two EHS identification cards included in base fee) D. OTHER FEES REPORTING (OTHER THAN STANDARD) Customized Programming Per Hour In the event Sponsor requests non-standard or customized services, the additional cost of such services shall be paid by Sponsor at an additional charge to be mutually agreed upon by the parties in writing before the services are provided. SPONSOR COMMUNICATIONS MATERIALS (SEE NOTE) NOTE: Start up materials include two EHS identification cards, Plan brochure, mail service enrollment and postage paid envelope, and formulary. (Actual cost of postage will be billed to Sponsor for direct mailings of communication materials to Covered Persons.) There is no charge for bulk shipments of communication materials to Sponsor locations. OOEckerd.wpd 11/5/99 Page 12 I EHS BASIC PER CLAIM SERVICES Basic per claim services provided in the paid claim fee include: EHS CLAIMS SYSTEM - A fully automated on-line, real-time claims processing system. EHS Claims System provides greater ability to tailor prescription drug plans to maximize benefits and to utilize a range of proven cost management approaches. NETWORK MANAGEMENT - EHS maintains a Help Desk with 800 number service for the Member Pharmacies to facilitate the point-of-service processing available through the EHS Claims System. COMPREHENSIVE REPORT PACKAGE - A standard package of reports includes relevant cost, utilization control data and savings information related to the specific services selected. CONCURRENT EHS DUR - EHS Claims System will transmit informational concurrent drug utilization review messages to Member Pharmacies as described in Exhibit C. EHS IDENTIFICATION CARDS - EHS will provide identification cards in accordance with Article III, B. CUSTOMER SERVICE - EHS maintains a Help Desk with 800 number service for Covered Persons to answer inquires concerning Member Pharmacy locations and prescription benefit questions. OOEckerd.w d II/5/99 P Page 13 EXHIBIT B MAIL SERVICE PHARMACY EHS shall arrange to provide mail service pharmacy services through Express Pharmacy Services ("Express"). A. ENROLLMENT MATERIALS Express will provide to EHS for distribution to Sponsor and/or Covered Persons an enrollment package including a carrier envelope, a brochure describing the details of the services provided, a postage paid order envelope, a Sponsor announcement letter, and patient profile request forms. B. PROVISION OF PRESCRIPTION DRUGS Express will provide prescription drugs to all Covered Persons in the United States who have provided Express with prescription request forms containing sufficient information to maintain a patient profile. Prescriptions will be mailed to Covered Persons within an average three business days of receipt of prescription request forms, subject to product availability and the need to contact the Covered Person's physician for prescription clarifications. C. QUANTITY TO BE DISPENSED Express will generally provide a 90-day supply of a Covered Drug, drugs will be limited to a 30-day supply without refill. OOEckerd.w d 1 1/5/99 P Page 14 EXHIBIT C EHS DUR SERVICES A. DESCRIPTION OF SERVICES EHS shall provide the concurrent EHS DUR system which operates through the EHS Claims System. The EHS Claims System will edit claims for the following: I. Drug-Drug Interactions 2. Therapeutic Duplications 3. Excessive Daily Doses 4. Excessive Utilization S. Insufficient Daily Doses 6. Drug-Age Conflicts 7. Drug-Disease Contraindications 8. Drug-Pregnancy Contraindications 9. Controlled Substance Abuse 10. Refill-Too-Late/Noncompliance B. PHARMACIST DISCRETION The information generated in connection with EHS DUR services is intended as an informational guide to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other health care providers. EHS, on behalf of Sponsor, shall advise Member Pharmacies that the EHS DUR system should not be relied upon as a substitute for their professional judgment Sponsor acknowledges and agrees that the EHS DUR system will provide information to the Member Pharmacy, but the EHS DUR system cannot prevent Member Pharmacies from dispensing prescriptions or providing other goods and services in opposition to information they receive through the EHS DUR system. Sponsor acknowledges that Member Pharmacies are individually responsible for acting or not acting upon information generated and transmitted through OOEckerd.wpd 11/S/99 Page IS the EHS DUR system, and for performing services in each jurisdiction consistent with the scope of their licenses. C. PATIENT INFORMATION LIMITATIONS The EHS DUR system is highly automated, without any individual review in most circumstances. Therefore, the EHS DUR system is necessarily limited by the amount of Covered Person information input into the EHS Claims System from prescription claims and from information provided by Sponsor. Meaningful Covered Person information which may not be available to EHS for purposes hereof, includes, but is not limited to, Covered Person diagnoses, utilization of drugs obtained without utilizing the EHS Claims System and weight and other physical idiosyncrasies of a Covered Person. EHS shall have affirmative obligation to acquire information concerning any Covered Person where information is insufficient or not available to enable the EHS DUR system to determine whether or not intervention or reporting is indicated. D. EHS DATABASE LIMITATIONS The EHS DUR database is a collection of databases of clinical drug data and drug dispensing information developed and maintained partly by EHS and partly by independent drug database companies. Sponsor acknowledges and agrees that EHS has and may consult with outside software and other vendors, as well as consulting health care professionals and any recognized compendia, to provide databases and other information as EHS deems necessary or helpful to include in the EHS DUR database. EHS shall endeavor to update the EHS DUR database on a reasonable basis to reflect changes in standards for pharmaceutical prescribing; however, Sponsor acknowledges that no database will contain all currently available information on accepted medical practice or prescribing practices. In most cases, vendors and professionals limit or exclude warranties regarding the information or services provided to EHS. Such limitations and exclusions are incorporated into Article XI by this reference. BASED UPON THE FOREGOING, SPONSOR FURTHER ACKNOWLEDGES AND AGREES THAT EHS SHALL NOT BE RESPONSIBLE FOR ANY TORTS, COSTS, DAMAGES, EXPENSES, CLAIMS,SUITS OR PROCEEDINGS OF ANY TYPE ARISING IN CONNECTION WITH (1) MEDICAL OR SCIENTIFIC JUDGMENTS MADE IN CREATING THE EHS DUR DATABASE OR ANY OTHER DATABASES AND REPORTS UPON WHICH THE EHS DUR SERVICES ARE BASED OR (1 1) ANY FAILURE TO INCLUDE INFORMATION IN THE EHS DUR DATABASE. OOEckerd.wpd 11/5/99 Page 16 EXHIBIT D BENEFIT MANAGEMENT SERVICES A. BENEFIT DESIGN CONSULTATION EHS shall provide benefit design consultation for Sponsor based upon the request of the Sponsor. Services include but are not limited to: modeling analysis for proposed program changes, cost projections, suggested program changes to minimize cost and maximize program quality, and generic substitution analysis to identify the potential generic substitution rate for the Sponsor. OOEckerd.w d 1 1/5/99 Page 17 P g INTEROFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Attachment F Date: November 12, 1999 TO: Stephen J. Bonczek, City Manager FROM: Glenda E. Lundy, Human Resources Director SUBJECT: Prescription Drug Program During the most recent City Council meeting, several questions were raised regarding the administration of compound prescriptions and reimbursements of non-participating providers/pharmacies. The information below addresses those issues of concern: Compound Prescriptions: It is my understanding that McMakin Pharmacy located at 4225 Gladys, a participating provider with ScriptCare, Inc. network, currently fills compound prescriptions. Daleo Pharmacy located at 2400 Calder, a non-participating ScriptCare provider, also fills compound prescriptions. Both providers are reimbursed for the cost of the compound less any co-pay remitted by the plan participant This information was confirmed by ScriptCare and is submitted via this memo because I was not able to obtain written confirmation today. I spoke with Jim Brown this morning regarding this issue. It is the City's intent to reimburse compound prescriptions in the same manner as is currently in effect. Non-participating Pharmacies Reimbursement: Plan participants or employees who are away from home and need to get a prescription filled may continue to do so. Employees or plan participants who are required to pay the entire cost of the prescription will be reimbursed for the cost of the prescription less the required co-pay. This is the manner in which reimbursement is currently handled by ScriptCare, Inc. The claim is processed manually by the administrator at an administrative cost of $1.50 per prescription. ScriptCare has indicated that this information will be submitted to the City on Monday, November 15, 1999. ScriptCare representatives were out of town and could not submit the written response until Monday. c:ageatt ATTACHMENT F S HEALTH SERVICES THE • RIGHT • S0LUT10N November 12, 1999 Ms. Glenda E. Lundy Human Resources City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Ms. Lundy: During the most recent City Council meeting there were several issues that need addressing by Eckerd Health Services as we pursue your valued business. The questions have been paraphrased to me and I will attempt to answer for your use prior to the next meeting. As I did during the original meeting, I will make myself available for the next council meeting to address any further questions. Vi hat benefit -M change from the City's present Program? As administrator for the City, EHS will administer the City's prescription drug program in accordance with the same terms and conditions as currently in effect, except the implementation of a mail-order component will be included. In other words, the City's benefit plan design and co-pays will be those recently approved by City Council for implementation on January 1, 2000. The City is self-funded for its prescription drug program, therefore, EHS cannot dictate or change the plan or benefit design or participants' co-pays without approval from the City. where is the,mail seMice:facility`?1. Based on current capacity, anticipated volume, and location EHS recommends The City of Beaumont be serviced by the Kansas City facility. EHS operates three state of the art facilities, which feature a unique blend of people, and automation, designed to deliver the industry's highest level of quality and efficiency. EHS's facilities are located in Largo, Florida; Pittsburgh, Pennsylvania; and Kansas City, Missouri. 'mat writ ern to ees d .when t11 arr✓out oft©urn and geed a` `'� P ...... ..::..:. .. ..:.. Pr scnpt?zap f av long vrtE t#aloe>tP M"6.sed b EHS The City via EHS will continue to pay for claims at pharmacies outside of the 52,000-member network. The pharmacy network represents over 99.8% of all pharmacies in the United States and in the unlikely event that an issue would cause a member to pay cash for their prescription a Direct Member Reimbursement (DMR) form is provided for submission for payment. The DMR is mailed to EHS and it is entered into the integrated claims system for adjudication..just like any other claim. The claim is processed for clinical review and paid according to the plan design specifications for paper claims established by the City. The average turnaround time to respond to paper claims is 5 business days from receipt. 0 Will com aund rescri tions be filled.b local P 13, P __ y ,Pharm cues and hour w .they reimbursed Local pharmacies that are a member of the Pharmacy Network will continue to be able to compound prescriptions and be reimbursed by The City. Because compound prescriptions by their very nature are a mixture of legend drugs (prescription) and non-legend drugs that are required to achieve the Doctor's order, only mixtures that have a least one legend drug are presently and will continue to be reimbursed. All legend drugs are used in determining the price of the compound for reimbursement purposes. The employee or plan participant will be required to remit the appropriate co-pay for the compound to the pharmacy. Mill the City have the l6dbihty tt terrii[nate the contract? The contract provides the City with the flexibility to terminate with 60 days notice prior to the end of each year of the contract. Sincerely, 1)4� *--ek Don Houchin, R.Ph. Regional Sales Manager Eckerd Health Services �► 2 November 16, 1999 Consider approval for creation of three Grade III Captain positions and elimination of three Grade I Firefighter positions ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTION 21-74 TO AMEND THE NUMBER OF POSITIONS IN GRADES I AND III IN THE BEAUMONT FIRE DEPARTMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Section 21-74 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to amend Grades I and III to read as follows: Section 21-74. Fire Department The following number of positions in the following classifications are hereby established within the Fire Department. Grade Classification Current Positions Proposed Positions • I Firefighters 103 100 III Captains 42 45 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, All ordinances or parts of ordinances in conflict herewith, including conflicting • portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Michel G. Bertrand, Fire Chief MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 11, 1999 REQUESTED ACTION: Consider approving creation of three Grade III, Captain positions and elimination of three Grade I, Firefighter positions. RECOMMENDATION Currently, there are 234 classified positions allocated to the Fire Department. Within that total, there are 42 Grade III, Captain positions and 103 Grade I, Firefighter positions. Approval of this recommendation would increase the number of Grade III, Captain positions by three and reduce the number of Grade I, Firefighter positions by three. Consequently, the number of Captain positions would increase to a total of 45, while the number of Firefighter positions would be reduced to 100. The initial proposal recommended elimination of three Grade II Driver/Operator positions to offset the cost of creating the Grade III positions. Further study indicated the necessity of maintaining the existing Grade H positions due to increased staffing and promotion requirements associated with the additional station and labor contract agreements. Elimination of the Grade II positions would result in increased costs associated with additional temporary promotions of Grade I Firefighters to fill the vacated positions and remove any savings that may be recognized through elimination of the positions. BACKGROUND On October 5, 1999, Council approved a revised alternative recommendation for staffing the new Fire Station No. 5 located at 6375 Walden Road. Part of the plan was to increase the minimum staffing level on each shift to 47 from the existing level of 45. It was initially proposed that a reduction in the number of Grade II positions equal to the number of created Grade III positions occur when each position is vacated through promotion, retirement, or termination. 0 Operating Fire Station No. 5 requires creation of three Grade III Captain positions, and permanent assignment of three Grade II and three Grade I positions that are currently relief personnel. Further study indicated that eliminating the three Grade II positions as originally proposed would ultimately result in the loss of six Grade H relief personnel that currently fill vacated positions created by illness, vacation, or other scheduled time off. Additional costs would be incurred with the temporary promotion of Grade I personnel to fill the vacated Grade II positions. The elimination of the three Grade H positions would have resulted in two additional Grade I Firefighters being promoted daily for an average annual cost of approximately $26,000. Elimination of the existing Grade II positions would have resulted in no cost savings and may ultimately have increased operating costs due to additional temporary Grade I to Grade II upgrades and double upgrades of Grade I to Grade III. BUDGETARY IMPACT The creation of the three Grade III Captain positions will require an increase of$12,486 to the Department budget for increased salaries. In addition, the operation of Station No. 5 will create a projected increase of approximately $4,000 for temporary upgrade of personnel. PREVIOUS ACTION Council unanimously approved the recommended staffing plan on October 5, 1999 for placing a fire unit temporarily out of service and increasing the minimum staffing level to 47 to provide personnel for Station No. 5. The plan included creating three Grade III positions, and eliminating three Grade II positions. SUBSEQUENT ACTION The complete implementation of the staffing plan will require Council at some future date to approve approximately $43,000 in additional overtime for the Fire Department budget. RECOMMENDED BY City Manager, Executive Assistant to the City Manager and Fire Chief RECOMMENDED MOTION Approve/deny a resolution to modify the existing Code of Ordinances Sec. 21-74. Grades and classifications-Fire Department, to increase the number of Grade III Captain positions to 45 and decrease the number of Grade I Firefighter positions to 100. ! 3 November 16, 1999 Consider a service charge not to exceed $1 for utility bill payment at external locations r 4 November 16, 1999 PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders M City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 12, 1999 REQUESTED ACTION: Council consider a resolution to allow outside agencies who have contracted with the City to collect utility payments,to charge the customer a processing fee of up to one dollar($1) per transaction. RECOMMENDATION The administration requests approval of a resolution to allow outside agencies who have contracted with the City to collect utility payments, to charge the customer a processing fee of up to one dollar ($1) per transaction. BACKGROUND Locally,utility companies(such as Entergy, Entex and Southwestern Bell) offer their customers the option of paying their monthly service bills at remote locations. These locations include grocery stores and check cashing agents.The customer pays a convenience charge to the remote vendor for handling the process. The City of Beaumont has three remote payment centers where customers may pay their utility bill. These payment centers are Ace Cash Express located at 2745 Washington Blvd, Kroger located at 3845 Phelan and Prime bank located at 8255 Gladys and 595 IH10 South. The City has individual contracts with each agency. The City pays both Kroger and Ace a fee of fifty (50) cents per bill collected. Prime Bank does not charge a fee. Ace collects approximately 400 bills per month, Kroger collects 1300 bins and Prime Bank collects less than 50 bills each month. The customer currently does not pay a processing fee at any location. Due to rising costs,Kroger has stated that beginning December 1, 1999 they must receive one dollar ($1) per transaction in order to continue accepting utility payments from City customers. There is a potential for long lines at City Hall if Kroger discontinues this service as well as additional costs if the City continues to absorb the processing fees. Staff has contacted several local retail establishments to recruit new payment centers to avoid potentially long lines at City Hall, in addition to providing a convenience to the customer who may not wish to make the trip downtown. There has been a positive response by several companies, including a local drugstore chain, if they were able to charge a one dollar($1) processing fee to cover costs. BUDGETARYIMPACT Potential cost savings to the Water Fund is approximately$20,000 per year if the processing fee is passed on to the Customer. PREVIOUS ACTION This policy and service was started on October 18, 1966 with all banks participating. In January 1994 the service was extended to include other local merchants. Over the years most banks have discontinued the service due to rising costs involved in the collection process. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer RECOMMENDED MOTION Approve/Deny resolution to allow outside agencies who have contracted with the City to collect utility payments, to charge the customer a processing fee of up to one dollar($1) per transaction. ORDINANCE NO. _ • ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES • TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 10. 8495 Broussard Road 22. 1155 Roberts (Garage Apartment) 11. 2660 Corley 23. 3080 Silver Z6 12. 1515 Forsythe 24. 3910 Avenue A (Commercial/Church) 13. 1520 Forsythe 25. 2330 Avenue C 14. 2730 Franklin 26. 1490 Bolivar 15. 2728 Goliad 27. 2290 Cable (4-Unit Apartments) 16. 805 Grant (Commercial) 28. 2450 Calder 17. 4535 Hartel 29. 1294 Cartwright 18. 4535 Hartel (Garage) 30. 2021 Irving (Commercial) 19. 3225 Kenneth 31. 2108 Pope 20. 4142 Ogden 32. 885 Powell 21. 895 Powell (Garage Apartment) to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, • Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas, and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance: 10. 8495 Broussard Road 17. 4535 Hartel 11. 2660 Corley 18. 4535 Hartel (Garage) 12. 1515 Forsythe 19. 3225 Kenneth 13. 1520 Forsythe 20. 4142 Ogden 14. 2730 Franklin 21. 895 Powell (Garage Apartment) 15. 2728 Goliad 22. 1155 Roberts (Garage Apartment) 16. 805 Grant (Commercial) 23. 3080 Silver If the ro ert owner fails to comply within ten (10) days, Council orders that the • p p Y property be demolished without further notice to the property owner(s) or City Council action. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described building either demolish or repair said structure within days of the effective date of this ordinance: 24. 3910 Avenue A (Commercial/Church) 29. 1294 Cartwright 25. 2330 Avenue C 30. 2021 Irving (Commercial) • 26. 1490 Bolivar 31. 2108 Pope 27. 2290 Cable (4-Unit Apartments) 32. 885 Powell 28. 2450 Calder The owners, in order to avoid demolition, must enter into a work program for the structures within 30 days. Section 4. That the following structures are hereby ordered to be demolished and removed by the City of Beaumont without further notification to the owner. 1. 850 Elm 6. 765 Madison 2. 1910 Grand 7. 570 E. Simmons 3. 3050 Grand 8. 2545-65 Sixth Street • 4. 48 Guffey (Garage Apartment) 9. 2480 Taylor 5. 3003 M L King Blvd. (Commercial) Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 6. That any person who violated any provision of this ordinance shall, upon conviction, • be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - Texas Department of Transportation 8350 EASTEX FREEWAY•BEAUMONT,TX 77708•(409)892-7311 November 10, 1999 Jefferson County R W 65-8-122 Spur 380 City of Beaumont Parcel#22 Travis Brothers Supply c/o of Daniel Travis 2945 IH-10 S. Beaumont, Texas 77705-2623 Dear Mr. Travis: We received your letter dated September 16, 1999, proposing two options. One of the options that you proposed was to let the 2.5 ' of Building No. 2 encroach upon the state's right of way. We cannot agree to let an encroachment remain on our right of way. Your second proposed option required TxDOT to execute an agreement that you had drawn up. We cannot commit to your agreement in the proposed form;` We do want to resolve this matter. However; we cannot commit TxDOT or the taxpayers of the State of Texas to unnecessary liabilities. TxDOT can move forward with the subject building on parcel 22 if the proper parties with Travis Brothers Supply execute the release previously submitted to you(copy attached). Please advise if you can agree to the release so that we can proceed with the actions necessary to cut the building. If you need additional information or have more questions, please call me at 898-5701. Sincerely, vL � Lynwood Walters District ROW Supervisor LW:cc Attachment ...... City of Beaumont Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Directo MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 10, 1999 REQUESTED ACTION: Council consider the authorization to allow the City to demolish the following nine(9) structures immediately without further notification to the owners. 1. 850 Elm (*3) 6. 765 Madison 2. 1910 Grand (*1) 7. 570 E. Simmons (*2) 3. 3050 Grand (*2) 8. 2545-65 Sixth Street (*1) 4. 48 Guffey (Garage Apartment) (*1) 9. 2480 Taylor (*1) 5. 3 003 M L King Blvd. (Commercial) (*I) T- (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends a raze order because owners failed to comply with previous orders to correct code violations or demolish the structure. BACKGROUND Each of these structures have appeared before City Council in the past and a raze or repair order was issued. The owners failed to comply with correcting code violations or demolishing the structures. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Previous orders by City Council to raze or repair were not complied with. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to demolish the above listed structures in non-compliance with City codes. ********************************************************************************* REQUESTED ACTION: Council consider to declare the following fourteen (14) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. 10. 8495 Broussard Road 17. 4535 Hartel 11. 2660 Corley 18. 4535 Hartel (Garage) 12. 1515 Forsythe 19. 3225 Kenneth 13. 1520 Forsythe 20. 4142 Ogden (*1) 14. 2730 Franklin 21. 895 Powell (Garage Apartment) 15. 2728 Goliad 22. 1155 Roberts (Garage Apartment) 16. 805 Grant (Commercial) (*1) 23. 3080 Silver (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION That City Council condemn these fourteen (14) structures and order owner to raze within ten (10) days. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure because they have deteriorated such that they are no longer considered suitable for repair. BUDGETARYIMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Clean Community Department and found to be dangerous structures as defined by the city of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Clean Community Department Director RECOMMENDED MOTION Approve/Deny the authorization to condemn and raze the above listed dangerous structures. ********************************************************************************* REQUESTED ACTION: Council consider a raze or repair order on the following nine (9) structures. 24. 3910 Avenue A (Commercial/Church) 29. 1294 Cartwright (*1) 25. 2330 Avenue C 30. 2021 Irving (Commercial) 26. 1490 Bolivar 31. 2108 Pope (*1) 27. 2290 Cable (4-Unit Apartments) 32. 885 Powell (*1) 28. 2450 Calder (*2) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Owners be issued an order to raze or repair structures within a specified time. Owners must immediately enroll in a work program following Council's specified order of time for compliance. BACKGROUND These structures were inspected and found to be substandard and not meeting City code requirements, but could be rehabilitated. Some owners voluntarily enrolled in a work program but either did not do any repairs or started repairs and did not complete. BUDGETARY IMPACT None at this time. PREVIOUS ACTION Some of the above structures were voluntarily enrolled in a work program agreement prior to any Council action. SUBSEQUENT ACTION Staff will enroll owners in a work program and monitor work for allotted time granted by Council. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to enroll in a work program and make repairs to structures within time period allotted by Council. NOVEMBER 16, 1999 CONDEMNATION HEARING Location Owner Recommendation Violations 1. 850 Elm Samuel B. House Demolition Request 25 c/o James Lungs 2. 1910 Grand Samuel B. House Demolition Request 25 c/o James Lungs 3. 3050 Grand Dearmon Breastfield Demolition Request 25 4. 48 Guffey Jimmy D. Sartin Demolition Request 25 (Garage Apartment) 5. 3003 M. L. King Pkwy Travis Bros. Supply Demolition Request 25 (Commercial) c/o Wm. V. Travis ET AL 6. 765 Madison Harvey Henry Demolition Request 25 7. 570 E. Simmons Marylisa Diane Walker Demolition Request 25 8. 2545-65 S. 6th Juanita Faye Aubry Demolition Request 25 9. 2480 Taylor Wesley T. Smith,Jr. Demolition Request 25 10. 8495 Broussard Rd. Eve J. Marshall Raze Within 30 Days 25 11. 2660 Corley Joseph L. Victorian Raze Within 30 Days 25 12. 1515 Forsythe John DeYoung Raze Within 30 Days 25 13. 1520 Forsythe Frank Godina Raze Within 30 Days 25 14. 2730 Franklin Mildred L. Hamilton Raze Within 30 Days 25 15. 2728 Goliad Henry Wells Raze Within 30 Days 25 16. 805 Grant Amonia Wilson Raze Within 30 Days 25 (Commercial) Attn. Bessie Knighton 17. 4535 Hartel Ambrose S. Daigle,Jr. Raze Within 30 Days 25 1 18. 4535 Hartel Ambrose S. Daigle,Jr. Raze Within 30 Days 25 (Garage) 19. 3225 Kenneth James W. Pellerin Raze Within 30 Days 25 20. 4142 Ogden Songela L. Hawkins& Raze Within 30 Days 25 Harvey L. Jefferson 21. 895 Powell Frank V. Johnson,Jr. Raze Within 30 Days 25 (Garage Apartment) 22. 1155 Roberts Daniel C. Phillips Raze Within 30 Days 25 (Rear Garage Apartment) 23. 3080 Silver Rose M. Curtis Raze Within 30 Days 25 24. 3910 Avenue A Joe B. Wilson Raze or Repair (Commercial/Church) Within 30 Days 25. 2330 Avenue C Osborne J. Johnson Raze or Repair Within 30 Days 26. 1490 Bolivar Walter W. &Agnes R. Edward Raze or Repair Within 30 Days 27. 2290 Cable Earl C. & Sharon Valentine Raze or Repair (4-unit apartments) Within 30 Days 28. 2450 Calder Carolyn Lee Harris Raze or Repair Within 30 Days 29. 1294 Cartwright Peter T. Hoang&M. T. Conh Raze or Repair Within 30 Days 30. 2021 Irving Sean Claud Griffin Raze or Repair (Commercial) Within 30 Days 31. 2108 Pope Terry Samuel Raze or Repair c/o TAC Investments Within 30 Days 32. 885 Powell Frank V. Johnson,Jr. Raze or Repair Within 30 Days 2 City. of Beaumont !.- • Council Agenda Item c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Directo MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 10, 1999 REQUESTED ACTION: Council consider the authorization to allow the City to demolish the following rune(9) structures immediately without further notification to the owners. 1. 850 Elm (*3) 6. 765 Madison 2. 1910 Grand (*1) 4 7. 570 E. Simmons (*2) 3. 3050 Grand (*2) ��'t � 8. 2545-65 Sixth Street (*1) 4. 48 Gulley (Garage Apartment) (*1) 9. 2480 Taylor (*1) �� � .✓ 5. 3003 M L King Blvd. (Commercial) (*1) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends a raze order because owners failed to comply with previous orders to correct code violations or demolish the structure. BACKGROUND Each of these structures have appeared before City Council in the past and a raze or repair order was issued. The owners failed to comply with correcting code violations or demolishing the structures. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Previous orders by City Council to raze or repair were not complied with. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to demolish the above listed structures in non-compliance with City codes. ********************************************************************************* REQUESTED ACTION: Council consider to declare the following fourteen (14) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. 10. 8495 Broussard Road 17. 4535 Hartel 11. 2660 Corley 18. 4535 Hartel (Garage) 12. 1515 Forsythe 19. 3225 Kenneth 13. 1520 Forsythe 20. 4142 Ogden (*1) 14. 2730 Franklin 721. 895 Powell (Garage Apartment) - 15. 2728 Goliad 22. 1155 Roberts (Garage Apartment) 16. 805 Grant (Commercial) (*1) 23. 3080 Silver Indicates number of times structure has been enrolled in work program. RECOMMENDATION That City Council condemn these fourteen (14) structures and order owner to raze within ten (10) days. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure because they have deteriorated such that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Clean Community Department and found to be dangerous structures as defined by the city of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Clean Community Department Director RECOMMENDED MOTION Approve/Deny the authorization to condemn and raze the above listed dangerous structures. ********************************************************************************* REQUESTED ACTION: Council consider a raze or repair order on the following nine (9) structures. 24. 3910 Avenue A (Commercial/Church) 29. 1294 Cartwright (*I) v 25. 2330 Avenue C 30. 2021 Irving (Commercial) I 26. 1490 Bolivar 31. 2108 Pope (*I) 27. 2290 Cable (4-Unit Apartments) 2. 885 Powell (*I) 61 L 28. 2450 Calder (*2) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Owners be issued an order to raze or repair structures within a specified time. Owners must immediately enroll in a work program following Council's specified order of time for compliance. BACKGROUND These structures were inspected and found to be substandard and not meeting City code requirements, but could be rehabilitated. Some owners voluntarily enrolled in a work program but 0 either did not do any repairs or started repairs and did not complete. BUDGETARY IMPACT None at this time. PREVIOUS ACTION Some of the above structures were voluntarily enrolled in a work program agreement prior to any Council action. SUBSEQUENT ACTION Staff will enroll owners in a work program and monitor work for allotted time granted by Council. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to enroll in a work program and make repairs to structures within time period allotted by Council. • INTER-OFFICE MEMORANDUM 1. EL City of Beaumont,Texas Demolition Date: November 3, 1999 To: John Labrie, Clean Community Department Director From: Pam Loiacano,Field Supervisor Subject: 850 ELM COMMENTS • 12-20-94 Structure was tagged. At that time it was determined that the structure was not suitable for rehabilitation. • 01-12-95 First notice was sent to owner. No response was received by owner. • 06-06-95 Second notice was sent to owner to make him aware that this structure would appear before City Council. • 06-09-95 The owner responded to second notice and came in and enrolled in a work r p ogram and staff removed from council agenda. • 12-12-95 Third notice was issued to property owner to make him aware work program had expired. There was no response from property owner. • 03-05-96 Fourth notice was issued again to make owner aware of expired work program. • 06-28-96 Owner signed new work program. • 11-01-96 Inspection was made of property. Some repairs had been made of the exterior but the structure still needed repair of the interior, including plumbing and electrical. • 11-11-96 Fifth notice was issued regarding expired work program. • 04-02-98 Sixth notice was sent to owner informing him of the pending City Council date of 04-28-98. At that time staff requested a raze or repair order. • 05-07-98 Notice was sent to owner to tell him of order given by Council. No response from owner. • 06-11-98 Notice was sent to owner informing him that the structure was to be brought back before City Council. • 06-17-98 Publication was made in Beaumont Enterprise stating date of City Council of 07-07-98. • 06-24-98 Publication was made again in Beaumont Enterprise stating date of City Council of 07-07-98. • 07-07-98 City Council gave an order to raze because the owner did not respond to the raze or repair order given. • 07-13-98 Sent notice to owner stating City Council order. • 07-21-98 Final notice was issued stating pending demolition was to take place. • 09-02-98 The owner contacted our office wanting to go before Council to make a plea for his structure to be saved. • 10-20-98 The owner appeared before Council because of another structure at 1910 Grand which was to be considered for a raze order. At that point the owner made a plea for his condemned structure at 850 Elm also. No change in order was given, but at the request of the manager's office, additional time was given to the property owner to enroll in a work program. • 10-20-99 As of this date the owner has not brought this structure into code compliance nor has he made any attempt to demolish. The structure is still open and accessible. When staff inspected the structure, it was found that repairs were still needed. Staff feels that every effort that could be made to allow this property owner time for completion of repairs has been made. The property owner has not made any attempt to contact staff. Staff has made several attempts by certified mail to contact property owner but the notices are returned unclaimed. Staff also physically went to the mailing address to try to speak with the owner but no one was ever at home. • SUBSTANDARD BUILDING INSPECTION REPORT • CLEAN COMMUNITY CITY OF BEAUMONT 1 DATE REQUESTED November 1 519 99 WARD 3 ADDRESS OF INSPECTION 850 Elm ACCOUNT NO. 46650-008100-8 CENSUS TRACT 7 OWNER Samuel B.House c/o James Lungs ADDRESS 1898 Grand CITY/STATE (03)-5616 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 1 Land Value 2450 Block or Tract 10 Improvement Value 10890 (Multiple structures) Addition/Survey North Total Value 13340 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 �.n.. T.:i d Wv ..e. r Qf 0 �k p 95 u b I9« 5 R..........l g E. Initial Inspection Date December 20,1994 f�( 8=9C<ttil'?iil ,(F:Z9G F D :I 1t!I IEkxi `T#: �' L7 `QR+ I R I I I99 I`01 94 IN f H>}. M1(}UNE:(}F$1,9� 1 Exfenrled unit:lk7 3tlri ? MAJOR CODE VIOLATIONS: This structure was on a work repair program and some work was done. The owner has put new shingles on the roof. The structure has been painted on the exterior. Also the interior has been painted. A permit for electrical work was taken out but there are no records that indicate it has been inspected by Building Code's electrical inspector. There are no plumbing permits on record and the plumbing fixtures have not been set. The exterior doors need to be replaced. Some electrical switch covers need to be placed over switches. Floor covering is needed. There are still damaged materials on the back porch that will need to be replaced. The owner was given an extension on the work program but still has not completed the work. All permits that were taken out on repairs have expired at this time. Staff recommended a raze or repair order for this structure on April 28, 1998. The owner has not complied with that order. City Council issued a raze order to demolish the structure on July 7, 1998. Staff was asked by the City Manager's office to hold off on demolishing and give the owner time to complete the repairs. Staff did so but the owner has still not completed repairs as of this date. Staff is asking Council for guidance in making a final determination on this structure D, � • • • ��- ar_==, _ �U INTER-OFFICE MEMORANDUM 2- City of Beaumont,Texas EL Demolition Date: October 28, 1999 To: John Labrie, Clean Community Department Director From: Pam Loiacano, Field Supervisor Subject: 1910 GRAND COMMENTS • 03-30-98 Structure was tagged as being substandard. • 04-07-98 First notice was sent to owner. • 04-09-98 Notice was received by owner. No response from property owner. • 06-09-98 Notice sent to make the owner aware of pending City Council date of 07-07-98. • • 06-11-98 Notice received by owner. • 07-07-98 Structure was brought before Council for a raze or repair order. • 07-14-98 Notice was sent to owner informing him of City Council order. • 07-16-98 Three attempts were made to deliver notice to owner by US postal service. (7-16, 7-21 & 7-31) • 08-04-98 Notice was sent back to our office unclaimed. • 10-01-98 Notice was sent to owner to make him aware of the pending Council date of 10-20-98 in which his structure would be given a raze order because he did not respond to the previous order. • 10-03-98 Again three attempts were made to deliver notice to owner by US postal service. (10-3, 10-8; 10-18) • 10-22-98 Notice was returned to our office unclaimed. • 10-20-98 Structure was back before Council because the owner did not respond to the raze or repair order. At this time the owner appeared in person to ask Council to give him time to repair this structure. He also made a request for the condemned structure at 850 Elm to be repaired. Council gavc an order of raze or repair for 1910 Grand and owner was told to enroll in a work program. • 10-23-98 Owner enrolled in a work program that would expire on 02-03-99. • 07-21-99 Inspection was made revealing no repairs had been made. This structure is open and accessible. Staff wants to bring this structure back before City Council with a request for a raze order since owner did not comply with previous raze or repair order. • 10-20-99 Structure's roof is still leaking which has allowed more deterioration. No work has been done. Structure is open and accessible and being vandalized. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY 2. CITY OF BEAUMONT DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 1910 Grand ACCOUNT NO. 46650-8100-8 CENSUS TRACT 9 OWNER Samuel B. House ADDRESS 1898 Grand CITY/STATE (03) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 1 Land Value 2450 Block or Tract 10 Improvement Value 10890 (More than one structure) Addition/Survey North Total Value 13340 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 D. >nulled�Q Wa Iel ep it Prog�?ani? 7�BS. :. NO 10N23 98 thru(!2 21.99 E. Initial Inspection Date March 30,1998 11 "fll 93 F DELI 1 ;��1 `:'1':4�? 'S":;tkR>:;t?9►fI�.1p:;AR 1lI:: t�(:'` :; � 9:;> I; If.::::A::::( .::::.....::::::::�Xa.:::::::: MAJOR CODE VIOLATIONS: This structure's slate roof needs repair. The front porch has rotten flooring which will • need to be replaced All damaged windows will need to be replaced The exterior doors also will need to be replaced. The interior flooring and ceilings that are damaged will need to a repaired All damaged electrical wiring and electrical fixtures will need to be replaced All plumbing and plumbing fixtures will need to be replaced. The foundation will need to be leveled and all damaged materials replaced This structure shows even more deterioration. Structure is still open and accessible and is being vandalized and still no attempts have been made to secure it. Staff recommended a raze or repair order for this structure on October 20, 1998. The property owner did not comply with that order. M �'. .. �w E iPP J_J) L ANN= 7y ;• � f � 7Fr {� aJ�. -fir } •.l. ;��'•,}14 , 'gym ` to•, 1 I'30 IT , t4 1 = i r ! Q' • �� INTER-OFFICE MEMORANDUM 3. � ` . EL City of Beaumont,Texas Demolition Date: November 5, 1999 To: John Labrie, Clean Community Department Director From: Pam Loiacano,Field Supervisor Subject: HISTORY OF 3050 GRAND COMMENTS 11-08-95 Structure was tagged as being substandard. 02-07-96 First letter of notification was mailed to property owner,Julie Smith. 02-14-96 Certified letter was received. • 0245-96 Property owner,Julie Smith,telephoned office saying that she would board and secure structure and that she was trying to sell property. 06-03-96 Letter sent notifying property owner of Council Meeting scheduled for June 25, 1996. Letter was received and signed for on June 6, 1996. 06-07-96 Structure was removed from Council agenda at the request of Ms. Smith because of fire being under investigation. 06-03-97 Letter was sent to property owner stating that structure was to go before City Council on June 24, 1997. 06-26-97 Letter returned to office unclaimed. 06-24-97 City Council Meeting. 06-26-97 Notice sent indicating Council order of raze within thirty days. 06-30-97 Notice was received and signed for. 07-01-97 Mrs. Smith telephoned and was upset with results of Council. She said she did not know structure was to go before City Council. 07-02-97 Neighbor called to complain about the condition of structure. • 07-30-97 Mrs. Smith telephoned to say that she is trying to sell property. p rh.' 08-05-97 Sent notice saying that structure would be brought back before Council on August 26, 1997 for condemnation. Notice returned to office unclaimed on August 26, 1997. 08-13-97 Removed from Council agenda because property was sold. 08-13-97 NEW OWNER,Breastfield Dearmon, brought in ownership paperwork and signed a work repair program agreement. 08-14-97 Letter mailed to new property owner stating violations of the substandard building. Letter was received August 16, 1997. 03-30-99 Mr. Dearmon telephoned to tell staff that at this time he was not sure what he was going to do with structure. NO WORK AT ALL HAS BEEN DONE. 04-07-99 Notice sent saying structure was to be brought before City Council on April 27, 1999. 04-15-99 Notice was received and signed for. 04-27-99 City Council Meeting. Property owner appeared at Council Meeting. 04-29-99 Notice was sent relating Council's order that structure be either demolished or repaired within ninety (90)days. 05-03-99 Owner received notice of Council's order. • 08-11-99 Notice was sent to inform owner that structure was being brought back before Council on August 31, 1999. Notice was received August 16, 1999. 08-31-99 Property owner appeared before City Council Meeting. 07-07-99 Council ordered that owner execute a work program within thirty days and commence work. 10-21-99 An inspection was performed by Staff,which also included Danny Daniels,Building Inspector. The property owner has removed some of the burnt material. The owner is adding a second story to the structure before he completed repairs on the first story that will support the addition. After the inspection, a stop work order was placed on the work for not being properly done. The property owner called that afternoon and was told that he needed to make all necessary corrections to the first floor so that the support would be sufficient to support the second floor. Staff also told Mr. Dearmon to contact the Building Code Department because the structure was in danger of collapsing from the weight load and needed to be corrected as soon as possible. This structure is still a substandard burned structure with new materials for an addition being added onto the damaged main structure. Building Inspector,Danny Daniels,has repeatedly stressed to the property owner that proceeding with construction of the addition,that he could still lose the structure through condemnation. 10-27-99 Notice mailed to say structure will be brought before Council again on November 16, 1999. Owner received letter. • 11-08-99 Staff checked with Jefferson County Tax Office and was told no arrangement has been made with the tax office to pay the delinquent taxes in the amount of$11,150.37 plus 1999 taxes. M ' K SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 3. DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 3050 Grand ACCOUNT NO. 249408-003100-1 CENSUS TRACT 7 OWNER Dearmon Breastfield ADDRESS 3283 Pine CITY/STATE (03) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat PL D8 Land Value 1570 Block or Tract TR 30 Improvement Value 4550 Addition/Survey J Drake Addition Total Value 6120 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 X NO Di ' 13l97.•k iuWa : ;: NO ##t<r.•t2ft3.. ?. E. Initial Inspection Date November 8,1995 4.17 00'1::: 4:11 ..,.:: : ..::::.:.:.:.;.,.. ::,: .,,:.,.. IN T Tx4 e4P D1 Faw 1 93...jK > gB I(N EIE A iTNT QF i1,) N.O-U T--.:: SID,: MAJOR CODE VIOLATIONS: This structure had extensive fire damage to the attic area. A completely new roof will be needed. All fire damaged materials will need to be replaced There is water damage to the interior due to the damage of the roof. All damaged or rotten windows and window sills will need to be replaced The interior flooring, ceilings and walls need repairing because of fire damage and water damage from the roof. All damaged electrical wiring and missing electrical fixtures will need to be replaced. Also all damaged plumbing and missing plumbing fixtures will need to be replaced. Staff inspected the structure again and met with Mr. Breastfield on August 12 1999 Mr. Breastfield has started making repairs. He is trying to add an addition to the front of the structure There is still a lot of charred material that will need to be removed. Mr.Breastfield said he is doing all of the repairs himself. Staff previously recommended a raze order on April 27,1999 but Council gave an order to raze or repair allowing Mr.Breastfield 90 days to complete the repairs. On August 31,1999,Council again allowed additional time to complete repairs on the structure The repairs have not been completed as ordered by Council � .. 4"-~�� ' •.� .T': �' .� 4v-j 7.7 Jib; _.✓.•s �' �. 4r all r �t ■ - _f sw • ' '• .'.,y�.•, fie � �e.-..� ��- 5. om r' r - N >,v - -- pie ��.'• R : . wa • 1,i :a dlil• T .�. JY�JNI�,� Iwo Ms. � •.:I ...,v �. w.. lhmr.• .. III. 1. — nisi N. — I. NI. r VI � SUBSTANDARD BUILDING INSPECTION REPORT • CLEAN COMMUNITY CITY OF BEAUMONT 4' DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 48 Guffey (Garage Apartment) ACCOUNT NO. 50750-15300-6 CENSUS TRACT 12 OWNER Jimmy D Sartin ADDRESS 1450 Rikisha CITY/STATE (06) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 6 Land Value 3430 Block or Tract 20 Improvement Value 17580 More than one structure Addition/Survey Parkdale Total Value 21010 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 ;::9 91J tltE El<0412 ..$ I1> Eni aEled,:;io.W?iirf€a e .......*m ;a;n:.: Y; �a;::::::::> £::<>: NO 12f7Jf�)7. :: ...... :::::: ::.. E. Initial Inspection Date October 15,1997 MAJOR CODE VIOLATIONS: This structure's roof has deteriorated and new shingles will be needed. Any damaged rafters or decking due to the leaking roof will need to be changed. There is water damage to the interior because of the Sleaking roof. The exterior doors need to be replaced. The foundation should support a normal load. Any damaged interior flooring, ceilings and walls will need to be repaired or replaced. All damaged electrical wiring and missing electrical fixtures will need to be replaced. Also all damaged plumbing and missing plumbing fixtures will need to be replaced. Neighbors have indicated that illegal activity is taking place. This structure is open and accessible. Staff recommended a raze or repair order for this structure on June 29, 1999. The property owner was allowed 120 days to complete repairs on this structure. This order has not been complied with. t 1-. .. F • 4 � v i 4 t r ' � Q ! +Yl or i -INTER-OFFICE MEMORANDUM 5 City of Beaumont,Texas L Demolition Date: November 4, 1999 To: John Labrie, Clean Community Department Director From: Pam Loiacano, Field Supervisor Subject: 3003 M L King Jr.Pkwy (Commercial) COMMENTS This structure was tagged in 1994 as a substandard building. Notices were sent to the properly owners,which in this case,are Travis Brothers Supply and the Department of Transportation.. The structure appeared before City Council on June 25, 1996 and was given a raze order within thirty (30)days. (Ordinance#96-37). On October 21, 1996, Mr. W. V. Travis was allowed to sign a work program with an expiration date of February 21, 1997. There were no repairs made during this period of time. Notice was sent to Mr. Travis on July 21, 1997 because repairs were not made even after an extended time was given. On June 7, 1999, a notice was sent to the property owners informing D.O.T. and Mr. Travis of the upcoming City Council meeting on June 29, 1999. The structure was also published in the Beaumont Enterprise Legal Notices. Mr. Travis appeared before Council on June 29, 1999. City Council allowed hi n sixty(60)days to repair or raze. As of this time,neither have been done. Staff has received several letters from Mr. Travis and D.O.T. to inform staff of their negotiations. Mr. Travis and the D.O.T. has not come to any kind of agreement. Attached is copies of all transactions that they have sent to staff concerning the negotiations. The negotiations have been going on for years. It doesn't seem that they can agree on any type of settlement. Attachments e COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR ROBERT H.DEDMAN,CHAIRMAN AND PUBLIC TRANSPORTATION ARNOLD W.OLIVER,P.E. RAY STOKER,JR. WAYNE B.DUDDLESTEN BOX B ONT,TEXAS T7704J (409)892-7311 August Mr. Tyrone Cooper First Assistant City Attorney 1 CONTACT: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Re: Parcel No. 22 - William Travis RW 65-8-122, Spur 380 Dear Tyrone: Enclosed are photographs of the bisected masonary building located on parcel 22 and Mr. Travis ' remainder. If you recall, we paid Mr. Travis in the appraised . value (cost to cure) to cut approximately 2 feet off of the front of this building, to reconstruct a new wall at the right-of-way line, and to construct a new front or entrance on the south wall. Mr. Travis has not cut the building and consequently a portion of it still occu- pies State right-of-way. The highway construction work in this area has been completed for many months. There are signs on the building front advertising the property for lease, sale, or rent. Mr. Travis ' attorney, Floyd Landrey, has told me they do not plan to cut the building. They plan to wait until we have t.o cut it and then sue the State and City for damages to the remainder. It is apparent from the photos that the property is over-grown with vegetation and the general condition of the structure appears to have deteriorated since the date of acquisition. The property probably does not meet the City's building occupancy code requirements- at this time. If it continues to deteriorate it may have to -be condemed in the near future. Since we have completed the highway contract in this area, we do not plan to cut the building. This would- amount to double compensation for Mr. Travis. Additionally, he still owes the City $50,000 refund on the Commissioner 's Award. We recommend that the City consider denying all permits that would lead to the occupancy of this structure, until the encroachment is removed from the State right-of-way. Sin el D.S. Rollin District ROW Engnieer DSR:ah 11/22/94 17:32 0409 898 5804 BEAUKONT CONST. X 001 RQLLIAf$ ? PU!LIN INTEROFFICIK WALTER$ ��nt, Texas a- VALLEY January 24, 1992 G NJRN MebM 2 AKir IUR$T L SHARP 4� MORRISON 551 TO: Richard Cardwell, p.E. BROWN EAWTHDME FROK: Scott Rollins, F.E. — --�- H/1ND SQB.IECT! Spur 380, Rye 65-8-122 This memo is to get your concurrence with actions we have taken in regard to two improvements on this project. We hope to be completing this project in a few months and we do not want to leave any loose ends. As you know, we acquired property from Mr. Bill Travis (Sardware store) . In this acquisition we bisected one of his buildings, which still encumbers state ri ht-of-wa . The attached copy of August Z�, 0, letter to Tyrone cooper outlines our no further action by TxDW. Travis owes the City Position ov on • award they received from condemnation. Throne �perr said he is in the process of taking legal He thinks the City can clear action to recover the $50.000.up the building encumbrance at the same time. Also, I had been working with Mr. Young to pursue the sib of removing approximately four feet of the Tex Joy Coffee lity building from state right-of-way. ThiB structure was allowed to remain on the right-of-way as part of the original deed. We first thought this legal encumbrance could be removed very reasonable. However, through subsequent meetings with the owner and information Provided by building contractors, etc. the acquisition Y Y- The owner s position would proba t t we be damaging the entire plant o Y that we are since 1938 without an operation. This situation has existed this time would far oy problem. The cost for an g further action at further Ut-wa any benefits derived. we recamnend no action on this er. :aml Attachments • Texas Department of Transportation P.O. BOX 3468•BEAUMONT, TEXAS; 77704-3468•(409) 892-7311 July 15, 1996 Jefferson County RW 65-8-122 Spur 380 City of Beaumont Parcel No. 22 City of Beaumont Central Services Department Clean Community Division P.O. Box 3827 Beaumont,. Texas 77704 Attn: Lawrence Baker RE: Travis Brothers Supply Building at • 3003 MLK Parkway Dear Mr. Baker: We are in receipt of your letter dated June 26, 1996 advising TxDot that we are part owners of the building located at 3003 MLK Pkwy. You advised that the subject building needed to be repaired, removed or demolished to City standards within 30 days or by August 10, 1996. In May of 1986 we sent Mr. William V. Travis a release form and sketch for cutting the building. Mr. Travis refused to sign the release form. The cutting concerned the approximately 2.5' currently in our right of way. We are by separate letter (copy attached) sending Travis Brothers Supply, c/0 V'Villiam V. Travis, etal, another offer to cut the building provided they will coordinate the shoring and enclosing with our contractor and sign a release form. If Travis Brothers Supply refuses to release the State to cut the building, then I feel we have exhausted all avenues available to us to resolve this problem. If you have an alternate solution that will not increase the liability of TxDot, please advise. If you wish additional information or would like to discuss this further, please call me at 898-5701. Sincerely, Lynwo d Walters ("^/ LW :cc District R • OW Administrator cc: Scott Rollins An Equal Opportunitv Ern Dlovpr s , • Texas Department of Transportation P.O. BOX 3468• BEAUMONT, TEXAS 77704-3468• (409) 892-7311 July 15, 1996 Jefferson County R W 65-8-122 Spur 380 City of Beaumont Parcel No. 22 Travis Brothers Supply c/o William V. Travis, etal 632 Washington Blvd. Beaumont, Texas 77705-2346 RE: 3003 MLK Pkwy (Building 2) Dear Mr. Travis, • The Texas Department of Transportation was notified by Mr. Lawrence Baker of the City of Beaumont by certified letter dated Jun 26, 1996, concerning the masonry building at 3003 MLK Parkway (or TxDot's Building No. 2). The letter informed the department to repair, remove or demolish the subject building. The Texas Department of Transportation is willing and ready to contract the cutting of Building No. 2 at 3003 MLK Parkway provided: 1. The attached release form is signed by an official of Travis Brothers Supply with signature authority (or one similar agreeable to both parties). 2. Travis Brothers Supply agrees to coordinate the shoring and replacement of the front wall with the Texas Department of Transportation's contractor cutting 2.5' off front of building. Please notify this office within 10 days of receipt of this letter if you are agreeable to the above stated terms. If you need additional information or have questions concerning this matter, please call me at 898- 5701. Sincerely, Lynwood Walters • District ROW Administrator LW:cc cc: Walter Crook Scott Roilins Certified Return Mail P 357 791 598 s • RELEASE STATE OF TEXAS COUNTY OF JEFFERSON This Release is executed this day of , 1996, by William V. Travis to the State of Texas, hereafter called the State. WHEREAS William V. Travis, ET AL, agrees to close the hole, at their expense, in building number 2 necessitated by the cutting of approximately 2.5' off front of subject building; and WHEREAS it will be necessary for William V. Travis, ETAL or their Agents to shore up the building before the State or its Agents cut the approximately 2.5' off the front of building number 2; and WHEREAS it will be necessary for the State or its Agents to enter and work within the remainder for the purpose of cutting the approximately 2.5' off the front of building number 2; and NOW, THEREFORE, WILLIAM V. TRAVIS, ETAL agree by execution or this Release that it is to their benefit to allow the State or its Agent to cut the building as described herein and attached hereto; and THAT WILLIAM V. TRAVIS, ETAL agree to indemnify and hold the State harmless against any and all claims, demands or actions arising out of or in conjunction with the cutting described herein. • IN WITNESS, THEREOF, We have executed this Release the day and year first above written. WILLIAM V. TRAVIS SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS County of Before me, , a notary public in and for said County • and State, on this day personally appeared known to me (or proved to me on the oath of , a credible witness) to be the person whose name subscribed to the foregoing instrument and acknowledgment to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the day of 19 Notary Public in and for _ _ County, Texas. • • DESCRIPTION Being 0.1437 acre of land, more or less, being out of and a part of that certain tract of land, in the David Brown League, Abstract No. 5, in the City of Beaumont, Jefferson County, Texas, said tract of land was conveyed to Charles D. Travis by Deeds dated January 15, 1952 and June 2, 1960 and recorded in Volme 843, Page 189 and Volume 1222, Page 241 Deed Records, Jefferson County, Texas, said 0.1437 acre tract being more particularly described by metes and bounds as follows; Commencing at the Southeast corner of said grantor's tract of land, said corner also being the Northeast corner of a 0.0293 acre tract belonging to Entex, Inc., 76°30'12.70" W along the South line of said grantor's tract and North line of said 0.0293 acre a tract belonging to Entex, Inc., a distance of 67.98 feet to the POINT OF BEGINNING of the tract herein conveyed; THENCE N 41054'28.44" W along the proposed East right of way line of Spur 380, a distance of 257.20 feet to a point for corner in the North line of said grantor's tract; THENCE S 48 005'31.56" W along the said North line, a distance of 25.00 feet to a point • for corner in the existing East right of way line of Spur 380; THENCE 41054'28.44" E along the existing East right of way line of Spur 380, a distance of 243.68 feet to a point for corner in the South line of said grantor's tract; THENCE N 76 030'12.70" E along the said South line, a distance of 28.42 feet to the POINT OF BEGINNING. AND IN ADDITION THERETO: Title to that portion of Commercial Building No. 2 that lies within the Right of Way as established by the first call of the metes and bounds description which call enters the south side of said building number 2 at a point 2.5 feet from the southwest corner of said building number 2 and leaves building number 2 at a point 2.4 feet from the northwest corner. EXHIBIT "A" Texas Department of Transportation 8350 EASTEX FREEWAY•BEAUMONT,TX 77708• (409) 892-7311 August 3, 1999 Jefferson County AUG it CSJ 65-08-122 RECEIVED Spur 380 City of Beaumont Parcel 22 City of Beaumont Neighborhood Services P.O. Box 3827 Beaumont, Texas 77704 Attn: Pamela Loiacano RE: Travis Brothers Supply Building at 3003 MLK Parkway • Dear Ms. Loiacano: We are currently in contact with Daniel Travis, representing Travis Brothers Supply, concerning the subject building. We will advise you if there are any new developments concerning cutting and/or demolishing the subject building. If you wish additional information or would like to discuss this further, please call me at 898-5701. Sincerely, nwood alters istrict ROW Administrator LW:cc cc: Scott Rollins Tyrone Cooper • I i Texas Department of Transportation 8350 EASTEX FREEWAY• BEAUMONT,TX 77708•(409)892-7311 August 9, 1999 Jefferson County R W 65-8-122 Spur 380 City of Beaumont Parcel#22 Travis Brothers Supply c/o of Daniel Travis 2945 IH-10 S. Beaumont, Texas 77705-2623 Dear Mr. Travis: This is in response to the phone conversation I had with you on July 28, 1999, in which • you expressed a desire to do something about the encroachment of the masonry building at 3003 MLK Parkway onto TxDOT right of way. Attached is a copy of the agreement transmitted by certified letter to William V. Travis on July 15, 1996, in which the conditions to cut and remove the 2.5 ' front of the building were generally outlined (copy of letter attached). The conditions remain the same. The Texas Department of Transportation is willing and ready to contract the cutting of the subject building at 3003 MLK Parkway provided: 1 . The attached release form is signed by an official of Travis Brothers Supply with signature authority (or one similar agreement to both parties). 2. Travis Brothers Supply agrees to coordinate the shoring and replacement of the front wall with the Texas Department of Transportation contractor cutting 2.5 ' off the front of the building. 1'ic,isc notify this office lcn (10) days of receipt of this letter it you are agreeable to the above stated terms. • • Page. 2 If you need additional information or have more questions concerning this matter, please call me at 898-5701. Sincerely, Lynwood Walters V// District ROW Administrator LW:cc (/ cc: Walter Crook Scott Rollins Tyronne Cooper Pamela Loiacano • • September 16, 1999 cc� � o�c kfi. Lynwood Walters U Tcx,ls Department of"franspol!! Ilwll S3 SO 1`w3tex freeway SF,° 2 0 19�� Beaumont, Texas 77708 Rey R 65-8-122 Spur 380 City of Beaumont Parcel /122 Dear Mr Walters, In response to your letter of August 9, 1999, in regards to the signing of a release, we have been informed by several Attorneys that a release. to the state should not be necessary It is my objective to resolve this matter without ICUal cnunse In reference to the State's letter dated October 30, i986, the state was to h�rvc been responsible for the cutting and shoring of Parcel 22 building number 2, at the right of way line. However, for the last 16 years that this 2.5' (feet) of Parcel No. 22 has been still standing and in its existence has caused no harm to anyone. The first option to resolve this matter, would be to Quick Claim the 2.5' of Parcel No. 22 building number 2 back to William V. Travis and Deloris T. Travis, in order that they can commence constriction of the enclosure of the existing west wall and the remodeling and restoration of the building; to meet city codes and to beautify the City of Beaumont and Spur 380, which we have enrolled into a plan with the City in August, 1996. This would save the taxpayers an estimated cost of$15,000.00 - 525,000.00 in the removal of the ?_ 5, (feet) of Parcel No 22 building number 2. Otherwise, if you are not in agreement with the above, we would consider option two which is attached for your review and signature upon al�pro`,al I look forward to resolving this matter at your earliest convenience. Should you have any concerns, please feel free to contact me at (409) 842-8333. Sincr�el'.., Daniel G. Travis DO 1 ;I;'! rc ti�iliian� V and Delons T. Travis Tyronne Cooper Pamela 1 ninrann AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON t� This Agreement is executed this 7 day of ,SZOrc Mfd�f 1999, by William V. Travis and Deloris T. Travis, hereafter called Owners and the State of Texas, hereafter called the State. WHEREAS, the State found it necessary to acquire the real property described in Exhibit "A", attached hereto and made a part hereof, for the construction, reconstruction, and maintenance of the State Highway Spur 380 in Jefferson County, Texas; and WHEREAS, the State acquired title to the said real property by condemnation on October 13, 1983; said title included approximately 2.5 feet off the front of commercial building number 2; and WHEREAS, this acquisition requires that the State or its Agent saw cut the • building, walls and roof along the Right of Way or other agreed upon line; and not the foundation, thus leaving the 2.5' feet of foundation to become a sidewalk, and WHEREAS, the remainder of the building will have to be shored up by the State or its Agent until such time as a new wall can be constructed by the property owners; and WHEREAS, the Owners have requested that the shoring extend to the top of the bar joists and will necessitate opening a hole in the west wall of the building and do agree to close such hole at owners expense; and WHEREAS, the State or its Agent will be responsible for the removal of the State's 2.5' feet of wall , roof and debris in and about the area; to leave a clean and safe working area for the Owners to construct the new west wall enclosure; and WHEREAS, it will be necessary for the State or its Agent to enter and work within the remainder for the purpose of erecting the shoring as shown in Exhibit "B", attached hereto and made a part hereof; ;nd WHEREAS, it is of benefit to the Owners to allow the building to be saw cut along a mortar line approximately V outside of the State Right of Way; and or other agreed upon line; and • • NOW, THEREFORE, WILLIAM V. TRAVIS AND DELORIS T. TRAVIS agree by execution of this agreement, that it is to their benefit to allow the State or its Agent to shore and saw cut the building, walls and roof as described herein, and attached hereto; and THAT STATE or its AGENT agrees to hold OWNERS harmless against any and all claims, demands or actions arising out of or in conjunction with the saw cutting or shoring described herein; and IN WITNESS, THEREOF, We have executed this Agreement this the day and year first above written. r Representative for William V. Travis State of Texas or its Agent Deloris T. Travis STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on this 7 day of 1999 by William V. Travis and Deloris T. Travis 7oktjjb�Uc � in and for Jeffer on County, Texas zcFY. �,ti a MARY NELL S _�4 A4 N. /IN M,OlJ S COMMISSiCN Notary's Printed Name JUNE 27, Noo 'Tq Notary's commission expires • ef / n A , DESCRIPTION Being 0.1437 acre of land, more or less, being out of and apart of that certain tract of land, in the David Brown League, Abstract No. 5, in the City of Beaumont, Jefferson County, Texas, said tract of land was conveyed to Charles D. Travis by Deeds dated January 15, 1952 and June 2, 1960 and recorded in Volme 843, Page 189 and Volume 1222, Page 241 Deed Records, Jefferson County, Texas, said 0.1437 acre tract being more particularly described by metes and bounds as follows; Commencing at the Southeast corner of said grantor's tract of land, said corner also being the Northeast corner of a 0.0293 acre tract belonging to Entex, Inc., 76 030'12.70" W along the South line of said grantor's tract and North line of said 0.0293 acre a tract belonging to Entex, Inc., a distance of 67.98 feet to the POINT OF BEGINNING of the tract herein conveyed; THENCE N 41054'28.44" W along the proposed East right of way line of Sp_,r 380, a distance of 257.20 feet to a point for corner in the North line of said grantor's tract; THENCE S 48 005'31 .56" W along the said North line, a distance of 25.00 feet to a point for corner in the existing East right of way line of Spur 380; THENCE 41054'28.44" E along the existing East right of way line of Spur 380, a distance of 243.68 feet to a point for corner in the South line of said grantor's tract, THENCE N 76 030'12.70" E along the said South line, a distance of 28.42 feet to the POINT OF BEGINNING. AND IN ADDITION THERETO- -1 itle to that portion of Commercial Building No. 2 that lies within the Right of Vvay as established by the first call of the metes and bounds description which call enters the south side of said building number 2 at a point 2.5 feet from the southwest corner of said building number 2 and leaves building number 2 at a point 2.4 feet from the northwest corner. x �: ��-i I IT "A" EXHIBIT Qc X6 pec.�E;' Ejv'.r� PraP, ¢"X¢uP/ale v ° h ro Prr�p. 2'X4" Platc (7o- To The E.�cist. Slab EL E✓ATION VIEW FRoM NoR1"H SIDE OF gu1LD1 NCB 5t+-Oyy/NG PROP, SNORT NG AND FX/ST. � � Ccn SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY 5■ CITY OF BEAUMONT DATE REQUESTED November 1 , 19 99 WARD 4 ADDRESS OF INSPECTION 3003 M.L.King,Jr.South Pkwy. (Commercial) ACCOUNT NO. 300005-009200-3 CENSUS TRACT 24 OWNER Travis Bros. Supply c/o Wm. V.Travis ET AL ADDRESS 632 Washington Blvd. CITY/STATE (05)-2346 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat PL C-5 Land Value 3710 Block or Tract TR 41-1075 AC. Improvement Value 500 Addition/Survey D. Brown ABS 5 Total Value 4210 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 f1 Er►i g g W ru(1221-+)7 E. Initial Inspection Date November 4, 1994 MAJOR CODE VIOLATIONS:- _ This structure's roof has several large holes in it. All of the interior ceiling has collapsed. All walls and wall covering have deteriorated Large amounts of debris from the roof and ceiling have accumulated on the floors. All existing electrical wiring will need to be replaced New plumbing fixtures will be needed for the restrooms. All windows will need replacing New exterior doors will also be needed Based on the extensive repairs needed in this structure and the fact that these repairs exceeded more than 50% of its appraised value staff recommended a raze order for this structure on June 25, 1996 The property owner enrolled in a work repair program but has not complied with the necessary repairs if c b { �rI i -..} w.4. ■ {; �T � � 7L I�It • � N+. 1 r a an e dl,:'I w •T' f y` C 4 Ulf SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 6' DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 765 Madison Avenue ACCOUNT NO. 1950-014900-0 CENSUS TRACT 17 OWNER Harvey Henry ADDRESS 3029 Rockwell CITY/STATE (01)-7812 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 20 Land Value 1900 Block or Tract 30 Improvement Value 16680 Addition/Survey Arlington Total Value 18580 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date July 6, 1998 F D.ELINQPlEN E`:TRIMS OWEIQ FROM 1195 III:I U 199'F:I1'�T HE'AMiDUNT OF;�2,a37 6# F LUS::t'ENAC,TY,�INTEREST: MAJOR CODE VIOLATIONS: This structure's roof is deteriorated. There is water damage to the rear bedroom ceiling due to the leaking roof. The fascia boards are rotted and will need to be replaced. All damaged or rotten windows and window sills will need to be replaced. The exterior doors need to be replaced. The exterior siding is deteriorated and will need to be replaced. All damaged electrical wiring and missing electrical fixtures will need to be replaced. Also, all damaged plumbing and missing plumbing fixtures will need to be replaced. This structure has now been secured but it appears that no work has been done. Staff recommended a raze or repair order for this structure on August 31, 1999. The owner has not complied with that order. R j,, $1' i ,=`s t M' rnA�lil������� 4 II' SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY • CITY OF BEAUMONT 7' DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 570 E.Simmons ACCOUNT NO. 46760-009700-1 CENSUS TRACT 8 OWNER Mar lisa Diane Walker ADDRESS 13385 Black Gum Road CITY/STATE 77713 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 6 Land Value 1530 Block or Tract 9 Improvement Value 1430 Addition/Survey 1st to North Total Value 2960 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 td )ni°atlerl:in>R'tikTfepr:Pibg�am :I$5 3f.:>:: NO (}61( t�51hi u:L1if09/95 E. Initial Inspection Date September 8 1993 MAJOR CODE VIOLATIONS: This structure has been on two work repair programs and some work has been completed but it is not anywhere near readv to be in compliance. The structure was tagged September 8 1993. The owner has • boarded and secured the structure but it still needs repairs. There is a bad sill on the right rear side of the structure. All damaged electrical wiring and missing electrical fixtures will need to be replaced Also all damaged plumbing or missing Plumbing fixtures will need to be replaced Staff recommended a raze or repair order for this structure on April 28, 1998. The owner did not comply with that order. On July 7, 1998,the structure was brought back before City Council for condemnation The property owner appeared and pleaded for more time They were given sixty(60)days to re-enroll in a work repair program and begin work The property owner did not comply with that order. The structure was again presented before City Council on October 20, 1998 The property owner enrolled in a work repair program but has still failed to comply with Council's order to cornl2lete re airs on the structure. Y; "AN .I q v. " w•. _. .;;," .....�.wl lnr:�,,a.::.l.:.._ ..: I III I.'i;mi, 4 .: IIIIIII x i�l.� VIIIP I', I�xNi l II 1 SIMON mw w I M� i yblMywrW.. +,. I N 4 �IIW I,I,lyy t'�iy I 1 I PI / MII r �+ i4 d t oa INTER-OFFICE MEMORANDUM 8. City of Beaumont,Texas � ` . K, Demolition Date: November 3, 1999 To: John Labrie, Clean Community Department Director From: Pam Loiacano,Field Supervisor Subject: 2545-65 S.SIXTH COMMENTS • 05-26-98 An initial inspection was made. The structure was found to be sub-standard and was tagged. 0 03-06-98 A building permit for repairs was purchased but no noticeable work was detected. Mr. Aubry refused to sign a work program agreement because his permit was purchased prior to the date the structure was tagged. . • 06-22-98 A reinspection was made. No noticeable work was detected at that time. • 09-03-98 A reinspection was made. The front section of the roof had been removed exposing the interior to outside elements. The rear section of the roof had been covered. It did not appear that all deteriorated material had been replaced on the rear section of the roof. • 01-19-99 A reinspection was made. The front section of the roof had not been replaced and no other repairs were detected. • 03-17-99 A reinspection was attempted by staff and Don Burrell,Building Official. The original building permit had expired at this time. No new permits have been issued to continue work pending an inspection of the work already performed. The front section of the roof had been replaced. Mr. Aubry was present but refused to allow an interior inspection to be made of the work performed or the condition of the interior. He indicated he would consult his attorney and then contact Mr. Burrell. 0 04-28-99 Gaylyn Cooper, Mr. Aubry's attorney,called our staff and made an appointment for May 3, 1999 at 9:30 a.m. to inspect the structure. He called back later and changed the time to 2:00 p.m. so that Mr. Aubry could be present. • 05-03-99 Mr. Cooper telephoned staff and requested a change in the appointment due to the fact that he was unable to attend and Mr. Aubry wanted him present at the inspection. An appointment was then set for May 6, 1999 at 2:00 p.m. • • 05-06-99 Staff met with Don Burrell,Mr. Aubry and his wife for inspection of the structure. Mr. Cooper was not present. The result of the inspection indicated that the repairs which had been previously made did not meet city codes. Mr. Burrell pointed out numerous violations that had not been corrected. Mr. Aubry stated that he was aware of the violations and was in the process of speaking to a contractor regarding foundation repairs. At this point,staff reminded Mr. Aubry of the fact that he needed to enroll in a work agreement as per council's order on April 27, 1999. Mr. Aubry stated at that time that he must consult with his attorney before signing an agreement. • 05-19-99 After no attempt was made by Mr. Cooper or Mr. Aubry to contact staff or Don Burrell, a letter was sent to Mr. Cooper with a copy of the letter also being sent to Mr. Aubry. Attached to the letter was a copy of a blank work agreement for Mr. Aubry's signature and a copy of Mr. Burrell's comments from the inspection which was performed on May 6, 1999. (See attached) As of this date there had been no attempts made to purchase any type of building permits. • 06-15-99 Again, after no attempts by Mr. Cooper or Mr. Aubry to contact staff or Don Burrell, staff telephoned Mr. Cooper. Staff requested an appointment to inspect Mr. Aubry's structure due to the fact that his time allowed by Council for completion had expired. Mr. Cooper was to contact Mr. Aubry and then contact staff. • 06-16-99 After no response, staff telephoned Mr. Cooper again and attempted to explain the importance of the inspection which needed to be performed. Staff informed Mr. Cooper that the structure was going to be taken back to Council. Mr. Cooper stated that he was about to telephone Mr. Aubry when he received this phone call. He stated at that point that he would contact Mr. Aubry and call staff back. • 06-17-99 As of 5:00 p.m. staff has not been contacted by Mr. Cooper. • 06-29-99 Structure was presented again before City Council. • 07-07-99 Certified letter regarding order given by Council was mailed to Mr. Cooper and Mr. Aubry. • 07-09-99 Mr. Aubry and Mr. Cooper received letters. • 07-14-99 Staff telephoned Mrs. Aubry's attorney, Mr. Cooper,to set up a time for inspection. Inspection was set for July 21, 1999 at 2:00 P.M. • 07-20-99 Mr. Cooper called and canceled saying that Mrs. Aubry did not feel well. I agreed to change the date and time to July 23, 1999 at 10:00 A.M. • 07-23-99 Telephoned Mr. Cooper's office early to verify that the inspection was still on. Inspection was made by staff which included Mr. Burrell. (See attached results of inspection) • 07-29-99 Work program agreement was signed by Mrs. Aubry. Her son picked up the work program form and brought it to her for signature and returned it to staff's office. • • 10-15-99 Telephoned Mr. Aubry about next inspection and told Mr. Aubry that staff would like to do inspection on October 18, 1999. Mr. Aubry said no because he had an illness in the family. Mr. Aubry said that he would call back on October 18, 1999 to confirm a date. • 10-20-99 Went to do an inspection with Mr. Burrell,Building Official. When we arrived,Mr. Aubry refused to allow us to do the inspection. He said that he was working on the structure and that he would get with his attorney,Mr. Cooper. He also claimed to have electrical and plumbing permits but at the time of inspection,staff had already checked and there was no record of permits being issued. Mr. Aubry's plumber did call for a gas permit after the inspection. • 10-21-99 A call to the Building Code Department was made for the plumbing inspector, Greg Scott,to do a gas inspection. Staff accompanied Mr. Scott on that inspection and Mr. Scott disapproved the work that had been performed. The work would not meet city code. Staff also was able at this time to inspect the structure and none of the corrections that Mr. Aubry was told to make had been done. Staff did not see any structural repair other than the ones that had already been disapproved by City Building Code Department. Mr. Aubry had made electrical repairs to his outside service only without having permits for the work and has not had any electrical inspection by the Building Code Department. Staff feels that this could be a very dangerous structure in the condition it is in. It should not have electricity which could promote a fire. There are electrical wires hanging on the interior of this structure. Staff feels that because of the condition of this structure at the time of the last inspection, that this structure should be razed as soon as possible. With the amount of time and consideration that Council has given Mr. Aubry, it is very clear that Mr. Aubry will not be able to bring this structure into minimum code • compliance. Staff continues to receive complaints from neighbors and from the Neighborhood Association. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 8' DATE REQUESTED November 1 , 19 99 WARD 4 ADDRESS OF INSPECTION 2545-65 S.6th ACCOUNT NO. 21500-009500-4 CENSUS TRACT 21 OWNER Juanita Faye Aubry - ADDRESS 3095 Corley CITY/STATE (0l)-6529 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat 8 Land Value 2640 Block or Tract 6(SC 60x100') Improvement Value 7240 Addition/Survey Fourth Street Acres Total Value 9880 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 arkI#ea► xatii YIBS X. ( 2NO 9 r)lhu 9 94 D (niled a Wpr ?. rgr ? E. Initial Inspection Date May 26,1998 HISTORY OF STRUCTURE ATTACHED • r .v, A+ i • Ali i I � A r ���� _, � ♦, -� .. ASS I I y I III r i ih I I i tl r Me diiF r ,i , �' - - f �' - '� �r T,... i L t,': ,, -, _ ��°�, . {, � � a 'y � •�� �•�'�" Y .l fl �1 1 API�I 1 V+ t+ 1�I � 1 �I �/ +* .. �:C r �_ � �, _ i � ., �, °, -�, "� - � lh •-'?� �� �, ,.- � \ \ �� -4�"' `r t s � x �� � �1$ � xs� �• `~ t�� � � v r � ��� r ,� f� F' ' 1 I 1 — — :1 �� [a_I _ � �i i �'�:` R ;�� _ r =6 t i 3 � � '� X� G: ,� j �3 ��py w a" ,,. _.� '' -� .. 1s. w� .� . � Fe: zS a Y ¢_ i f �y 1`_ '9 ��!' .5 �i"n >> ��� � — .� � �1 �I ..a 'tf�� {in. r 1 � s - �'!��. � p � � ,' r , . J �� �� ., . ' � �. ,��I. � � 1 �� t _. ,.. ►. ! . , . 1 .� - .,,�.� _ t, ,,,,,,,, _ " '_ -•- �. ��,� � �,� � °��t, q w ,"'* � �. "" `� i ;, ,_ � , _�:. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY . CITY OF BEAUMONT 9. DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 2480 Taylor ACCOUNT NO. 52800-010700-3 CENSUS TRACT 6 OWNER Wesley T Smith,Jr ADDRESS 380 Westwood CITY/STATE Vidor,Tx.77662-9317 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat W47' Lot 8 Land Value 2300 Block or Tract 45 Improvement Value 7250 Addition/Survey Pinecrest Total Value 9550 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 "'a' li./ ) 1 @13(1198. lfiru'II3l 1. Dual ierl;;irj O4{ar ;lerP? gi stn.,, _.. E. Initial Inspection Date August 16 1996 ;::O '1UD rF.11✓I ENT coS . DE:III!I>1EI:E:.'I`:'I' A L>I)1isIR::II±st::TEL:;A;MQJ1T;;€II« Cr:I >7�4;::PLU�::..::::: ::.:.:::::::::::::.:::::::::.::::::::::. F. Q:.::::: ...... ::......::.... ..::.:...........:...............................:...................... MAJOR CODE VIOLATIONS: The structure's roof is deteriorated and will need to be replaced. All damaged windows and window sills will need to be replaced The exterior doors need to be replaced All rotten exterior siding will need to be replaced. Rotten As in the foundation will need to be replaced so it will support a normal load. Some of the interior flooring is rotten and will need to be replaced All damaged electrical wiring and missing electrical fixtures will need to be replaced. Also,all damaged plumbing and missing plumbing fixtures will need to be replaced Jefferson County tax office has had a previous judgement on this property that has been paid but court costs and abstract fees are still due Staff recommended a raze or repair order for this structure on July 7 1998 The property owner appeared before Council requesting additional time. Sixty(60)days was given to enroll in a work program and begin work Some demolishing of the rear section of the structure has been done but no repairs have been done. The structure is oven and accessible and beina stripped. The propertV owner has not complied with order given by City it Council. + ,�, W. t Y; S� i WL � , ..wudW IMNNYIIIIIIIiWt. ^ " � ♦:. x^—,11 � — 777 7 N� �I:.: Jillill Is �IS N N� e ,• p a ^ i 4. �I Lux •. ri } h f 5„ �w, y t ^,y" - w° w II ry Ii I I Illil � h "illl!�Nli II u 4I hII IIuM I r �,I�'�^'� lullluulul I';Ilili I I I iul I ull t �' al w�w,p IINIII Ili Il�illllilll I I alll�i i+, ii SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 10. DATE REQUESTED November 1 , 19 99 WARD I ADDRESS OF INSPECTION 8495 Broussard Road ACCOUNT NO. 300020-023900-9 CENSUS TRACT 1.01 OWNER Eve J. Marshall ADDRESS 8495 Broussard Road CITY/STATE (13)-9351 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat PL RS5 Land Value 4080 Block or Tract TR 141 Improvement Value 8100 Addition/Survey ABST 20 D Easley Total Value 12180 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date June) 1998 . ULIFI1Qi1�NT IhXS ARL Di1;E IN THL AMO:fNT 39.04-8:0.,. MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration The metal roof is very rusted._The • rafters and fascia are rotted and will need to be replaced There is extensive water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced. Some windows are broken and some are missing The front porch is deteriorated and will need repair. The exterior doors need to be replaced. The foundation has rotten sills and floor joists which will need to be replaced and the foundation will need to be leveled. All damaged interior flooring, walls and ceilings will need to be replaced All damaged electrical wiring and missing electrical fixtures will need to be replaced All damaged plumbing or missing plumbing fixtures will need to be replaced. This structure is open and accessible and is being stripped Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50% of its appraised value,staff is recommending a raze order for this structure. 9 - -- , r ?." R L� r J�, r i .it TITIM V. a ikAti4'. a ^a 2 ' .4 + J _.r4 1;,.dwual IuIwYUM4x... IIV III Ili" .. tIPI'�iVn!III 41 r �9 ,1 I . N G III�I�I�Ih�N � F � � II P. � ,I• °, N� II ,, I FI I I { I w t I x II •� , ^I�, '� I VV '6""t'��U'""a �. 'obi I � aI•III 7, I Ii r �1� � � N III, k b i 1r l' T' Ir �y A f 6' vV 1 SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 11. DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 2660 Corley ACCOUNT NO. 10850-012600-9 CENSUS TRACT 21 OWNER Joseph L. Victorian ADDRESS 6825 Lexington Drive CITY/STATE (06)-5876 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 6 Land Value 1960 Block or Tract Block 13 Improvement Value 9900 Addition/Survey Cartwright Total Value 11860 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date MaV 24, 1993 MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration. There are holes throughout the roof. Also the rafters are damaged and will need to be replaced. New decking and shingles will be needed. There is extensive • water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced. The windows are boarded. The exterior doors need to be replaced The front porch is deteriorated and will need-repair.The foundation has rotten sills and floor ioists that will need to be replaced The foundation will also need to be leveled. All damaged interior flooring,walls and ceilings will need to be replaced There is major water damage The structure is boarded but the boards in the rear are being tampered with which will allow accessibility to the structure All damaged plumbing or missing plumbing fixtures will need to be replaced This structure is open and accessible and is being vandalized. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50% of its appraised value,staff is recommending a raze order for this structure. ' 1 � 1 1 ' Its {� 0 Ilk Ass t „ ICI^�I •�� � ,J^ r •- I y iy1 SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 12. DATE REQUESTED November 1 ' 19 99 WARD 3 ADDRESS OF INSPECTION 1515 Forsythe ACCOUNT NO. 5250-009600-4 CENSUS TRACT 15 OWNER John DeYoung ADDRESS 6035 S.M L King,Jr. Pkwy CITY/STATE (05)-9521 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat E 100' Lot 145 to Lot 147 Land Value 4000 Block or Tract Block 13 Improvement Value 900 Addition/Survey Blanchette 1 Total Value 4900 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 X NO D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date February 10,1999 E? 1) LINQIEI%I E`I?14ES DUI&FR4l1WI I9$�I TD L9�19 IN TIIE AMfi)[II+�tT1�S4�G90.* 5 MAJOR CODE VIOLATIONS: This structure has completely been destroyed by fire There is no part of the structure • that can be salvaged for repair. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50% of its appraised value staff is recommending a raze order for this structure _R 3. - _y ` _ _. � - .H -.� •,ate ��.i w a AV ' Irx S .. (}►LEA' - - ---- '° - " - - - _ =a. -ia'- - �1^`�#Jt�,.`,�--: 44k "WOW. t` IA v - I �2 x • t: w •I1Kf' � ��- 4. l 4 SUBSTANDARD BUILDING INSPECTION REPORT • CLEAN COMMUNITY CITY OF BEAUMONT 13. DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 1520 Forsythe ACCOUNT NO. 65900-027800-5 CENSUS TRACT 15 OWNER Frank Godina ADDRESS P O Box 1232 CITY/STATE Sour Lake,Tx. 77659-1232 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 12 Land Value 1960 Block or Tract Block 63 Improvement Value 16090 Addition/Survey Van Wormer Total Value 18050 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date February 10,1999 F DIRL M.U.�L�t I"f' X `DI]IR FR�E}1WI I9. TO 1.919 IN THE AM()[3E+rFI`O $13rG13.31 PL[3;S C©S. f. X-1I.1G�141EN T .... ...... . MAJOR CODE VIOLATIONS: This structure's roof has deteriorated and new shingles will be needed. Also the rafter • and fascia boards are rotted and will need to be replaced. There is water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced. Some of the windows have broken glass. The exterior doors need to be replaced. The front porch has a missing support post. The foundation has rotten sills and floor foists and will need to be leveled. All damaged interior flooring,walls and ceilings will need to be replaced. There is major water damage to the ceilings. There are holes in the floor and the walls are separating from the floor. All damaged electrical wiring and missing electrical fixtures will need to be replaced. All damaged plumbing or missing plumbing fixtures will need to be replaced. There is missing and rotten exterior siding which will need to be replaced. This structure is open and accessible and is being vandalized. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50% of its appraised value,staff is recommending a raze order for this structure. in di T � � `�1r � � ! ;{ _ 11i F. ♦fig-. - a a1 i ,r .. `�'nMNH-', �` ^f r `lYF 'fir.. .. y,t::,. •�:4 V? Af If �F f.' iii SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY 14. CITY OF BEAUMONT DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 2730 Franklin ACCOUNT NO. 11350-009100-5 CENSUS TRACT 21 OWNER Mildred L. Hamilton ADDRESS 2730 Franklin CITY/STATE (01) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lots 9& 10 W 65 x 100' Land Value 2290 Block or Tract Block 11 Improvement Value 9750 Addition/Survey Cartwright Terr Total Value 12040 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date June 14 1998 17I.@IQ)I�kT'i'>EES;t4RI€DtI:E FRt}M 19132'fHRIT 1999I1 ;'I`IIElti( i3NTOF$2I3�i t14I'Li7S� T QP 3TDf:tMENT MAJOR CODE VIOLATIONS: This structure's roof has deteriorated and new shingles will be needed. Also the rafters and fascia boards are rotted and will need to be replaced There is water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced. There is broken glass in the windows.The exterior doors are missing and will need to be replaced The front steps are rotted and will need to be replaced The foundation has rotten sills and floor foists and will need to he leveled There is termite damage to this structure All damaged interior flooring walls and ceilings will need to be replaced. The ceilings are sagging The exterior siding is missing and will need to be replaced All damaged electrical wiring and missing electrical fixtures will need to meet electrical code Also all damaged plumbing or missing plumbing fixtures will need to be replaced. This structure is open and accessible and is being vandalized It appears that transients are trying to occupy this structure. There are also some sheds in the rear of the property that need to be tore down Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50%of its appraised value,staff is recommending a raze order for this structure. R, K, f y a 'r. mor IA 40 Aa a 5 A y ya " f r SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 15. DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 2728 Goliad ACCOUNT NO. 10900-019200-4 CENSUS TRACT 21 OWNER Henry Wells ADDRESS 2728 Goliad CITY/STATE (01) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 11 Land Value 2000 Block or Tract Block 141 Improvement Value 12310 Addition/Survey Cartwright 1 Total Value 14310 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date July 30,1998 F: DUN 11'1�1�i{...TAN MP. FR(}N1 I99:0 TO 19 9[N:THE A.MfflUNT:OF.S.?�99�94 PL;.LTS.C.. 9. OF-—ORMENT MAJOR CODE VIOLATIONS: This structure's roof has deteriorated and is leaking. The rafter tails and fascia boards are rotted and will need to be replaced. There is water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced The exterior doors will need to be replaced All damaged interior flooring,walls and ceilings will need to be replaced The ceilings are falling in due to the water damage Some of the exterior siding is missing and will need to be replaced. All damaged electrical wiring and missing electrical fixtures will need to meet electrical code. Also all damaged plumbing or missing plumbing fixtures will need to be replaced This structure is open and accessible and illegal activity is taking place Neighbors have said there are lots of people in and out of this structure. There is a very bad odor due to human waste throughout the structure The back yard is totally overgrown also. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50%, of its appraised value,staff is recommending a raze order for this structure f .x t a �YIIYY F ..� •Y � ,{"� h 1,1,1./ � � �. u ok IL y 1 I '�N M' 4�.�.IU��M' 1�••-jll rlw iuuu�,ih���,.:X+"'"`�1�,+E3' ,,,�y'y ti.. { SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 16. DATE REQUESTED November 1 ' 19 99 WARD 3 ADDRESS OF INSPECTION 805 Grant (Commercial) ACCOUNT NO. 28000-016500-9 CENSUS TRACT 17 OWNER Amonia Wilson,Attn: Bessie Knighton ADDRESS P O Box 1322 CITY/STATE (04) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 173 Land Value 1750 Block or Tract Block 17 Improvement Value 44690 Addition/Survey Herring Total Value 46440 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 D. Enrolled in Work Repair Program? YES X NO 06-01-99 thru 10-01-99 E. Initial Inspection Date February 18, 1998 MAJOR CODE VIOLATIONS: This structure is open and accessible. The roof has deteriorated and needs maior repair. There is water damage throughout The exterior doors are damaged. The windows are boarded but were damaged prior to boarding The electrical and electrical wiring will need repair and some replaced. Plumbing and all plumbing fixtures will need repair or replacement The structure has been vandalized. Cats roam freely in and out of the structure On the last inspection there was a dead cat inside which was causing a very bad odor. There is animal feces all throughout the structure The floors, ceilings and walls are damaged and will need repair. Staff has received numerous complaints from neighbors and the police department about illegal activity. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50% of its appraised value, staff is recommendine a raze order for this structure. Y1' 1 - R _ •.�'M iv �,.. .r.1, r m i I reIM �I w * � Il - ,N� , � I I � Paop,l,. p VI f. li III I� I.................... ; Vq SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY 17. CITY OF BEAUMONT DATE REQUESTED November 1 919 99 WARD 4 ADDRESS OF INSPECTION 4535 Hartel ACCOUNT NO. 36100-002900-5 CENSUS TRACT 26 OWNER Ambrose S. Dai ie Jr. ADDRESS 1810 Dozwood Drive CITY/STATE Vidor,Tx. 77662-7762 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 6 Land Value 2880 Block or Tract Block 2 hnprovement Value 5350 (Residence and garage) Addition/Survey La Salle Total Value 8230 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date October 14,1997 MAJOR CODE VIOLATIONS: This structure's roof has deteriorated and new shingles will be needed. There is water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced. The windows are not framed properly and some have broken glass The back porch is deteriorated and will need to be replaced There is extensive termite damage to the structure The foundation has a rotten bottom plate,the sill under the front door is rotten and also the sill in the rear. All water damaged interior flooring,walls and ceilings will need to be replaced Some of the exterior siding is missing and will need to be replaced All damaged electrical wiring and missing electrical fixtures will need to meet electrical code Also,all damaged plumbing or missing plumbing fixtures will need to be replaced This structure is open and accessible and is being vandalized The windows are being broken by vandals Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50'Yo of its appraised value,staff is recommending a raze order for this structure. IN f y x �� M .�� '•�{ Y .� �'. T III I'. ♦� III f iy, � �'•:•.'' IIl.: � � I>� I I ul���l�ll��llll 1.� 1. '!it it I '�X '"l �Ijt Ijl�II Ilryll R jj III I�I,I VIII I „I I I ' ra l ' � � 1^�;^H%y,t �IGI`.'.::: ✓^ .. �..mop- II+ y. I". •. - }lam..• _ � �� ' III ♦ . r M •� 1 1 1 t �1 • 1 �l , SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY 18. CITY OF BEAUMONT DATE REQUESTED November 1 , 19 99 WARD 4 ADDRESS OF INSPECTION 4535 Hartel Gara e ACCOUNT NO. 36100-002900-5 CENSUS TRACT 26 OWNER Ambrose S. Dai le Jr. ADDRESS 1810 DoLywood Drive CITY/STATE Vidor,Tx.77662-7762 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot G Land Value 2880 Block or Tract Block 2 p• hn Movement Value 5350 (Residence and garage) Addition/Survey La Salle Total Value 8230 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date October 14 1997 MAJOR CODE VIOLATIONS: The roof on this garage has deteriorated and all new shingles will be needed. Also the rafter tails are rotted and will need to be replaced. The garage doors will need to be replaced with new material. The • exterior siding is rotten and will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50%of its appraised value staff is recornmendine a raze order for this structure. M1 F ` � 1 S• 4Ry A' Y 1�� SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 19. DATE REQUESTED November 1 , 19 99 WARD 4 ADDRESS OF INSPECTION 3225 Kenneth ACCOUNT NO. 12150-010050-2 CENSUS TRACT 24 OWNER James W. Pellerin ADDRESS 1084 Highland Street CITY/STATE Lake Charles,LA 70605-0615 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 8 Land Value 2450 Block or Tract Block 11 Improvement Value 17700 Addition/Survey Jef Chaison Total Value 20150 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date March 10,1999 MAJOR CODE VIOLATIONS: This structure's roof has deteriorated and new shingles will be needed. Also the fascia boards are rotted and will need to be replaced. All damaged or rotten windows and window sills will need to be replaced. The exterior doors have rotten trim which will need to be replaced. The front porch has damaged railings. There is extensive termite damage to the window and door trim. All damaged interior flooring,walls and ceilings will need to be replaced. The interior floor covering needs to be replaced. This inspection was viewed through the windows because the structure is secure. All damaged electrical wiring and missing electrical fixtures will need to be replaced. All damaged plumbing or missing plumbing fixtures will need to be replaced. The owner of this structure does not maintain the yard and it is overgrown. There is a good possibility of unseen termite damage. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50% of its appraised value,staff is recommending a raze order for this structure. al r ii• Fll��l ,..i r.,.+.x Nel oi . 5 'M i iqi r iii 'Ill x •� I 1 ' i N• +r'n� •. a s SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 20• DATE REQUESTED November 1 , 19 99 WARD 4 ADDRESS OF INSPECTION 4142 Ogden ACCOUNT NO. 18150-004700-4 CENSUS TRACT 25 OWNER Songela L Hawkins &Harvey L Jefferson ADDRESS 1735 Church CITY/STATE (05)-1913 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 3 Land Value 2500 Block or Tract Block 3&adi 10'alley Improvement Value 9180 Addition/Survey Driving Park Total Value 11680 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 R, iuolled ru:R?.........................................................rkl r i lain? YES X. NO 1(f»2I 98 tlu u 02 21�rI E. Initial Inspection Date June 9,1997 f<ll3(#31 .,(31IN T.f1�IF' L D.... It 9 8>A1� 9 9 I[( i I >}'�1V[ I l( ::> ;FYI`;'1'. e4R.......................................................... .....................::::::::::::.:::.::::$.:.::::.::::::::::: :...:..:......:...:.........:............................................................................... MAJOR CODE VIOLATIONS: This structure's roof has had some repair with shingles and decking but not all rotten rafters were changed. The roof on the rear room of the structure has not been repaired. The rafters and fascia boards are rotten and will need to be replaced There is extensive water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced The windows are not properly set The exterior doors need to be replaced. The front steps are broken and will need repair.There is termite damage to the structure The foundation has rotten sills and floor foists and will need to be leveled. All damaged or missing interior flooring walls and ceilings will need to be replaced. The floor is sagging and there are holes in the floor due to water damage. All damaged electrical wiring and electrical fixtures will need to be replaced. There are missing electrical fixtures and no plug covers. All damaged plumbing or missing plumbing fixtures will need to be replaced. This structure is open and accessible and is being vandalized. The garage in the back is about to collapse. The entire back wall is missing and the roof is about to cave in.Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50% of its a raised value staff is recommending a raze order for this structure. 7 x '.•` • K\ �M^ III l,. IX • � III �'I, a.: 1 .X„ sit a +wv r l � N �.rrww r! WleoXpWMIMXIpNIgYIlY9NYIIMEO�XAAAR011XIIF XXAXXX+IWMIIXgNXI@X �� �XXI�X���' I `�Y rWIXUXyXYPMYgM��XI „ 19W �w v11Nr XlryylAAIIXXUepI�IXYW^'�rYrMX�'R � % r� r •1�~. ,rr:. „o.IARRS Vw...— "P4. aY MAAAIX�11�► ,X { x.rrsi��: r y X I X9 I XI III � T I "AIR, hl I w � I q � I �III 111114i1I11 �� I 'N !�I iI�IIIiillll�ilf,llli ��w „, I I I till, q{ M 'r Y �hX r Pr 4 - 1 r'j ' I�I�IIIh I SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 895 Powell (Garage Apartment) ACCOUNT NO. 273600-001900-7 CENSUS TRACT 17 OWNER Frank V.Johnson Jr. ADDRESS 1830 Brooklyn CITY/STATE (0l)-5905 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat PL F Land Value 1800 Block or Tract T18;T19 Improvement Value 16250 (More than one structure) Addition/Survey D Brown Total Value 18050 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date August 4,1997 MAJOR CODE VIOLATIONS: This structure is listing.The rafter tails and decking are very rotten and will need to be replaced All damaged or rotten windows and window sills will need to be replaced. The windows are boarded. The exterior doors need to be replaced The front steps and front porch are very deteriorated and will need repair. The foundation has a rotten bottom plate All damaged electrical wiring and missing electrical fixtures will need to be replaced Also all damaged plumbing:or missing plumbing fixtures will need to be replaced This structure is secure at the present Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50%, of its appraised value,staff is recommending a raze order for this structure. T i I 'room w. .e lo p a7 AA r i r 4 VIII Ah c � I .. f I 7 ry �, ggli 11pI' 3 M I IG 4. ' ! W�'91�IVNNRIri SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 22. DATE REQUESTED November 1 ' 19 99 WARD 3 ADDRESS OF INSPECTION 1155 Roberts (Rear Garage Apartment) ACCOUNT NO. 10850-079400-4 CENSUS TRACT 19 OWNER Daniel C. Phillips ADDRESS 1155 Roberts CITY/STATE (0l)-8437 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 4& '/2 Lot 5 Land Value 2940 Block or Tract Block 84 Improvement Value 23410 (More than one structure) Addition/Survey Cartwright Total Value 26350 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date February 16,1999 MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration with huge holes throughout the roof. All new shingles,decking and rafters will be needed. There is severe water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced. The front steps and front porch are very deteriorated and will need to be replaced. The exterior doors will need to be replaced. All damaged interior flooring, walls and ceilings will need to be replaced due to the water damage. The foundation is very rotten. All damaged electrical wiring and missing electrical fixtures will need to meet electrical code Also,all damaged plumbing or missing plumbing fixtures will need to be replaced. Staff receives complaints on this structure and the City has had to mow and clean property several times in this past. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50% of its a raised value staff is recommendin2 a raze order for this structure. i iF, j ' Tj lop MAI i' r '`�! __• try �► , r� :,try: F. >�$• SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT 23. DATE REQUESTED November 1 , 19 99 WARD 3 ADDRESS OF INSPECTION 3080 Silver ACCOUNT NO. 45000-001800-9 CENSUS TRACT 9 OWNER Rose M. Curtis ADDRESS P O Box 21996 CITY/STATE (20)-1996 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 2 Land Value 1720 Block or Tract Block 4 Improvement Value 9240 Addition/Survey Morningside Total Value 10960 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date January 12, 1999 F A L9 DIN EH , 58VLI � �JI k i . MAJOR CODE VIOLATIONS: This structure's roof has deteriorated and new shingles will be needed The rafter tails • and fascia boards are rotted and will need to be replaced There is water damage to the interior due to the leaking roof. All damaged or rotten windows and window sills will need to be replaced All of the windows have been broken out Tile The front porch is deteriorated and will need to be replaced The back steps and back porch are also deteriorated and will need to be replaced. The rear exterior door is open All damaged interior flooring,walls and ceilings will need to be replaced. There are holes in the ceilings. All damaged electrical wiring and missing electrical fixtures will need to be replaced. All damaged plumbing or missing plumbing fixtures will need to be replaced The structure's exterior siding is rotten and needs to be replaced This structure is open and accessible and there is illegal activity taking place Staff receives numerous complaints. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed more than 50% of its appraised value staff is recommending a raze order for this structure it a a f, L i (rill �.. i I � I .I pal II F v ilw- t h ,al IV� AL VIII �d' "o Ili i ';il�ll. ,I r� �I �4 �Ill��il�l I, I I � Ivry'lilill'Idp, " �� III I � i� lll�l 'Idli�Il��j�III • �I llllldll i ''dald'�l{G4 SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY 24. CITY OF BEAUMONT DATE REQUESTED November 1 ' 19 99 WARD 4 ADDRESS OF INSPECTION 3910 Avenue A (Commercial/Church) ACCOUNT NO. 12250-35800-9 CENSUS TRACT 25 OWNER Joe B. Wilson ADDRESS 1855 Euclid Street CITY/STATE (05) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat Lot 1 Land Value 2450 Block or Tract Block 35 Improvement Value 3000 Addition/Survey W W Chaison Total Value 5450 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 D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date April 8,1999 MAJOR CODE VIOLATIONS: This structure's fascia boards are rotted and will need to be replaced. All damaged or rotten windows and window sills will need to be replaced All broken glass in windows need to be replaced. The exterior doors need to be replaced There is extensive termite damage to the walls of the structure. All damaged walls and ceilings will need to be replaced There are no ceiling or wall coverings. The studs are also damaged. The exterior siding is damaged and some has been removed which allows accessibility to the structure. All damaged electrical wiring and missing electrical fixtures will need to be replaced Also,all damaged plumbing or missing plumbing fixtures will need to be replaced This structure is open and accessible and is being vandalized. Staff receives numerous complaints regarding illegal activity taking place Staff recommends a raze or repair order for this structure. I 9 � • EXHIBIT D BENEFIT MANAGEMENT SERVICES A. BENEFIT DESIGN CONSULTATION EHS shall provide benefit design consultation for Sponsor based upon the request of the Sponsor. Services include but are not limited to: modeling analysis for proposed program changes, cost projections, suggested program changes to minimize cost and maximize program quality, and generic substitution analysis to identify the potential generic substitution rate for the Sponsor. OOEckerd.w d 1 1/5/99 Page 17 P g INTEROFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Attachment F Date: November 12, 1999 TO: Stephen J. Bonczek, City Manager FROM: Glenda E. Lundy, Human Resources Director SUBJECT: Prescription Drug Program During the most recent City Council meeting, several questions were raised regarding the administration of compound prescriptions and reimbursements of non-participating providers/pharmacies. The information below addresses those issues of concern: Compound Prescriptions: It is my understanding that McMakin Pharmacy located at 4225 Gladys, a participating provider with ScriptCare, Inc. network, currently fills compound prescriptions. Daleo Pharmacy located at 2400 Calder, a non-participating ScriptCare provider, also fills compound prescriptions. Both providers are reimbursed for the cost of the compound less any co-pay remitted by the plan participant This information was confirmed by ScriptCare and is submitted via this memo because I was not able to obtain written confirmation today. I spoke with Jim Brown this morning regarding this issue. It is the City's intent to reimburse compound prescriptions in the same manner as is currently in effect. Non-participating Pharmacies Reimbursement: Plan participants or employees who are away from home and need to get a prescription filled may continue to do so. Employees or plan participants who are required to pay the entire cost of the prescription will be reimbursed for the cost of the prescription less the required co-pay. This is the manner in which reimbursement is currently handled by ScriptCare, Inc. The claim is processed manually by the administrator at an administrative cost of $1.50 per prescription. ScriptCare has indicated that this information will be submitted to the City on Monday, November 15, 1999. ScriptCare representatives were out of town and could not submit the written response until Monday. c:ageatt ATTACHMENT F S HEALTH SERVICES THE • RIGHT • S0LUT10N November 12, 1999 Ms. Glenda E. Lundy Human Resources City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Ms. Lundy: During the most recent City Council meeting there were several issues that need addressing by Eckerd Health Services as we pursue your valued business. The questions have been paraphrased to me and I will attempt to answer for your use prior to the next meeting. As I did during the original meeting, I will make myself available for the next council meeting to address any further questions. Vi hat benefit -M change from the City's present Program? As administrator for the City, EHS will administer the City's prescription drug program in accordance with the same terms and conditions as currently in effect, except the implementation of a mail-order component will be included. In other words, the City's benefit plan design and co-pays will be those recently approved by City Council for implementation on January 1, 2000. The City is self-funded for its prescription drug program, therefore, EHS cannot dictate or change the plan or benefit design or participants' co-pays without approval from the City. where is the,mail seMice:facility`?1. Based on current capacity, anticipated volume, and location EHS recommends The City of Beaumont be serviced by the Kansas City facility. EHS operates three state of the art facilities, which feature a unique blend of people, and automation, designed to deliver the industry's highest level of quality and efficiency. EHS's facilities are located in Largo, Florida; Pittsburgh, Pennsylvania; and Kansas City, Missouri. 'mat writ ern to ees d .when t11 arr✓out oft©urn and geed a` `'� P ...... ..::..:. .. ..:.. Pr scnpt?zap f av long vrtE t#aloe>tP M"6.sed b EHS The City via EHS will continue to pay for claims at pharmacies outside of the 52,000-member network. The pharmacy network represents over 99.8% of all pharmacies in the United States and in the unlikely event that an issue would cause a member to pay cash for their prescription a Direct Member Reimbursement (DMR) form is provided for submission for payment. The DMR is mailed to EHS and it is entered into the integrated claims system for adjudication..just like any other claim. The claim is processed for clinical review and paid according to the plan design specifications for paper claims established by the City. The average turnaround time to respond to paper claims is 5 business days from receipt. 0 Will com aund rescri tions be filled.b local P 13, P __ y ,Pharm cues and hour w .they reimbursed Local pharmacies that are a member of the Pharmacy Network will continue to be able to compound prescriptions and be reimbursed by The City. Because compound prescriptions by their very nature are a mixture of legend drugs (prescription) and non-legend drugs that are required to achieve the Doctor's order, only mixtures that have a least one legend drug are presently and will continue to be reimbursed. All legend drugs are used in determining the price of the compound for reimbursement purposes. The employee or plan participant will be required to remit the appropriate co-pay for the compound to the pharmacy. Mill the City have the l6dbihty tt terrii[nate the contract? The contract provides the City with the flexibility to terminate with 60 days notice prior to the end of each year of the contract. Sincerely, 1)4� *--ek Don Houchin, R.Ph. Regional Sales Manager Eckerd Health Services �► 2 November 16, 1999 Consider approval for creation of three Grade III Captain positions and elimination of three Grade I Firefighter positions ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTION 21-74 TO AMEND THE NUMBER OF POSITIONS IN GRADES I AND III IN THE BEAUMONT FIRE DEPARTMENT, PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Section 21-74 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to amend Grades I and III to read as follows: Section 21-74. Fire Department The following number of positions in the following classifications are hereby established within the Fire Department. Grade Classification Current Positions Proposed Positions • I Firefighters 103 100 III Captains 42 45 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, All ordinances or parts of ordinances in conflict herewith, including conflicting • portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Michel G. Bertrand, Fire Chief MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 11, 1999 REQUESTED ACTION: Consider approving creation of three Grade III, Captain positions and elimination of three Grade I, Firefighter positions. RECOMMENDATION Currently, there are 234 classified positions allocated to the Fire Department. Within that total, there are 42 Grade III, Captain positions and 103 Grade I, Firefighter positions. Approval of this recommendation would increase the number of Grade III, Captain positions by three and reduce the number of Grade I, Firefighter positions by three. Consequently, the number of Captain positions would increase to a total of 45, while the number of Firefighter positions would be reduced to 100. The initial proposal recommended elimination of three Grade II Driver/Operator positions to offset the cost of creating the Grade III positions. Further study indicated the necessity of maintaining the existing Grade H positions due to increased staffing and promotion requirements associated with the additional station and labor contract agreements. Elimination of the Grade II positions would result in increased costs associated with additional temporary promotions of Grade I Firefighters to fill the vacated positions and remove any savings that may be recognized through elimination of the positions. BACKGROUND On October 5, 1999, Council approved a revised alternative recommendation for staffing the new Fire Station No. 5 located at 6375 Walden Road. Part of the plan was to increase the minimum staffing level on each shift to 47 from the existing level of 45. It was initially proposed that a reduction in the number of Grade II positions equal to the number of created Grade III positions occur when each position is vacated through promotion, retirement, or termination. 0 Operating Fire Station No. 5 requires creation of three Grade III Captain positions, and permanent assignment of three Grade II and three Grade I positions that are currently relief personnel. Further study indicated that eliminating the three Grade II positions as originally proposed would ultimately result in the loss of six Grade H relief personnel that currently fill vacated positions created by illness, vacation, or other scheduled time off. Additional costs would be incurred with the temporary promotion of Grade I personnel to fill the vacated Grade II positions. The elimination of the three Grade H positions would have resulted in two additional Grade I Firefighters being promoted daily for an average annual cost of approximately $26,000. Elimination of the existing Grade II positions would have resulted in no cost savings and may ultimately have increased operating costs due to additional temporary Grade I to Grade II upgrades and double upgrades of Grade I to Grade III. BUDGETARY IMPACT The creation of the three Grade III Captain positions will require an increase of$12,486 to the Department budget for increased salaries. In addition, the operation of Station No. 5 will create a projected increase of approximately $4,000 for temporary upgrade of personnel. PREVIOUS ACTION Council unanimously approved the recommended staffing plan on October 5, 1999 for placing a fire unit temporarily out of service and increasing the minimum staffing level to 47 to provide personnel for Station No. 5. The plan included creating three Grade III positions, and eliminating three Grade II positions. SUBSEQUENT ACTION The complete implementation of the staffing plan will require Council at some future date to approve approximately $43,000 in additional overtime for the Fire Department budget. RECOMMENDED BY City Manager, Executive Assistant to the City Manager and Fire Chief RECOMMENDED MOTION Approve/deny a resolution to modify the existing Code of Ordinances Sec. 21-74. Grades and classifications-Fire Department, to increase the number of Grade III Captain positions to 45 and decrease the number of Grade I Firefighter positions to 100. ! 3 November 16, 1999 Consider a service charge not to exceed $1 for utility bill payment at external locations r 4 November 16, 1999 PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders M City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 12, 1999 REQUESTED ACTION: Council consider a resolution to allow outside agencies who have contracted with the City to collect utility payments,to charge the customer a processing fee of up to one dollar($1) per transaction. RECOMMENDATION The administration requests approval of a resolution to allow outside agencies who have contracted with the City to collect utility payments, to charge the customer a processing fee of up to one dollar ($1) per transaction. BACKGROUND Locally,utility companies(such as Entergy, Entex and Southwestern Bell) offer their customers the option of paying their monthly service bills at remote locations. These locations include grocery stores and check cashing agents.The customer pays a convenience charge to the remote vendor for handling the process. The City of Beaumont has three remote payment centers where customers may pay their utility bill. These payment centers are Ace Cash Express located at 2745 Washington Blvd, Kroger located at 3845 Phelan and Prime bank located at 8255 Gladys and 595 IH10 South. The City has individual contracts with each agency. The City pays both Kroger and Ace a fee of fifty (50) cents per bill collected. Prime Bank does not charge a fee. Ace collects approximately 400 bills per month, Kroger collects 1300 bins and Prime Bank collects less than 50 bills each month. The customer currently does not pay a processing fee at any location. Due to rising costs,Kroger has stated that beginning December 1, 1999 they must receive one dollar ($1) per transaction in order to continue accepting utility payments from City customers. There is a potential for long lines at City Hall if Kroger discontinues this service as well as additional costs if the City continues to absorb the processing fees. Staff has contacted several local retail establishments to recruit new payment centers to avoid potentially long lines at City Hall, in addition to providing a convenience to the customer who may not wish to make the trip downtown. There has been a positive response by several companies, including a local drugstore chain, if they were able to charge a one dollar($1) processing fee to cover costs. BUDGETARYIMPACT Potential cost savings to the Water Fund is approximately$20,000 per year if the processing fee is passed on to the Customer. PREVIOUS ACTION This policy and service was started on October 18, 1966 with all banks participating. In January 1994 the service was extended to include other local merchants. Over the years most banks have discontinued the service due to rising costs involved in the collection process. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer RECOMMENDED MOTION Approve/Deny resolution to allow outside agencies who have contracted with the City to collect utility payments, to charge the customer a processing fee of up to one dollar($1) per transaction. ORDINANCE NO. _ • ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES • TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 10. 8495 Broussard Road 22. 1155 Roberts (Garage Apartment) 11. 2660 Corley 23. 3080 Silver Z6 12. 1515 Forsythe 24. 3910 Avenue A (Commercial/Church) 13. 1520 Forsythe 25. 2330 Avenue C 14. 2730 Franklin 26. 1490 Bolivar 15. 2728 Goliad 27. 2290 Cable (4-Unit Apartments) 16. 805 Grant (Commercial) 28. 2450 Calder 17. 4535 Hartel 29. 1294 Cartwright 18. 4535 Hartel (Garage) 30. 2021 Irving (Commercial) 19. 3225 Kenneth 31. 2108 Pope 20. 4142 Ogden 32. 885 Powell 21. 895 Powell (Garage Apartment) to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, • Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas, and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance: 10. 8495 Broussard Road 17. 4535 Hartel 11. 2660 Corley 18. 4535 Hartel (Garage) 12. 1515 Forsythe 19. 3225 Kenneth 13. 1520 Forsythe 20. 4142 Ogden 14. 2730 Franklin 21. 895 Powell (Garage Apartment) 15. 2728 Goliad 22. 1155 Roberts (Garage Apartment) 16. 805 Grant (Commercial) 23. 3080 Silver If the ro ert owner fails to comply within ten (10) days, Council orders that the • p p Y property be demolished without further notice to the property owner(s) or City Council action. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described building either demolish or repair said structure within days of the effective date of this ordinance: 24. 3910 Avenue A (Commercial/Church) 29. 1294 Cartwright 25. 2330 Avenue C 30. 2021 Irving (Commercial) • 26. 1490 Bolivar 31. 2108 Pope 27. 2290 Cable (4-Unit Apartments) 32. 885 Powell 28. 2450 Calder The owners, in order to avoid demolition, must enter into a work program for the structures within 30 days. Section 4. That the following structures are hereby ordered to be demolished and removed by the City of Beaumont without further notification to the owner. 1. 850 Elm 6. 765 Madison 2. 1910 Grand 7. 570 E. Simmons 3. 3050 Grand 8. 2545-65 Sixth Street • 4. 48 Guffey (Garage Apartment) 9. 2480 Taylor 5. 3003 M L King Blvd. (Commercial) Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 6. That any person who violated any provision of this ordinance shall, upon conviction, • be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - Texas Department of Transportation 8350 EASTEX FREEWAY•BEAUMONT,TX 77708•(409)892-7311 November 10, 1999 Jefferson County R W 65-8-122 Spur 380 City of Beaumont Parcel#22 Travis Brothers Supply c/o of Daniel Travis 2945 IH-10 S. Beaumont, Texas 77705-2623 Dear Mr. Travis: We received your letter dated September 16, 1999, proposing two options. One of the options that you proposed was to let the 2.5 ' of Building No. 2 encroach upon the state's right of way. We cannot agree to let an encroachment remain on our right of way. Your second proposed option required TxDOT to execute an agreement that you had drawn up. We cannot commit to your agreement in the proposed form;` We do want to resolve this matter. However; we cannot commit TxDOT or the taxpayers of the State of Texas to unnecessary liabilities. TxDOT can move forward with the subject building on parcel 22 if the proper parties with Travis Brothers Supply execute the release previously submitted to you(copy attached). Please advise if you can agree to the release so that we can proceed with the actions necessary to cut the building. If you need additional information or have more questions, please call me at 898-5701. Sincerely, vL � Lynwood Walters District ROW Supervisor LW:cc Attachment ...... City of Beaumont Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Directo MEETING DATE: November 16, 1999 AGENDA MEMO DATE: November 10, 1999 REQUESTED ACTION: Council consider the authorization to allow the City to demolish the following nine(9) structures immediately without further notification to the owners. 1. 850 Elm (*3) 6. 765 Madison 2. 1910 Grand (*1) 7. 570 E. Simmons (*2) 3. 3050 Grand (*2) 8. 2545-65 Sixth Street (*1) 4. 48 Guffey (Garage Apartment) (*1) 9. 2480 Taylor (*1) 5. 3 003 M L King Blvd. (Commercial) (*I) T- (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends a raze order because owners failed to comply with previous orders to correct code violations or demolish the structure. BACKGROUND Each of these structures have appeared before City Council in the past and a raze or repair order was issued. The owners failed to comply with correcting code violations or demolishing the structures. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Previous orders by City Council to raze or repair were not complied with. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to demolish the above listed structures in non-compliance with City codes. ********************************************************************************* REQUESTED ACTION: Council consider to declare the following fourteen (14) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. 10. 8495 Broussard Road 17. 4535 Hartel 11. 2660 Corley 18. 4535 Hartel (Garage) 12. 1515 Forsythe 19. 3225 Kenneth 13. 1520 Forsythe 20. 4142 Ogden (*1) 14. 2730 Franklin 21. 895 Powell (Garage Apartment) 15. 2728 Goliad 22. 1155 Roberts (Garage Apartment) 16. 805 Grant (Commercial) (*1) 23. 3080 Silver (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION That City Council condemn these fourteen (14) structures and order owner to raze within ten (10) days. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure because they have deteriorated such that they are no longer considered suitable for repair. BUDGETARYIMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Clean Community Department and found to be dangerous structures as defined by the city of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Clean Community Department Director RECOMMENDED MOTION Approve/Deny the authorization to condemn and raze the above listed dangerous structures. ********************************************************************************* REQUESTED ACTION: Council consider a raze or repair order on the following nine (9) structures. 24. 3910 Avenue A (Commercial/Church) 29. 1294 Cartwright (*1) 25. 2330 Avenue C 30. 2021 Irving (Commercial) 26. 1490 Bolivar 31. 2108 Pope (*1) 27. 2290 Cable (4-Unit Apartments) 32. 885 Powell (*1) 28. 2450 Calder (*2) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Owners be issued an order to raze or repair structures within a specified time. Owners must immediately enroll in a work program following Council's specified order of time for compliance. BACKGROUND These structures were inspected and found to be substandard and not meeting City code requirements, but could be rehabilitated. Some owners voluntarily enrolled in a work program but either did not do any repairs or started repairs and did not complete.