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HomeMy WebLinkAboutPACKET APR 18 2006 l LI�J. J, City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 18, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the acceptance of a seventy foot (70')wide right of way easement from the Lower Neches Valley Authority [LNVA] for the salt water barrier access road B) Authorize the acceptance of a ten foot (10')wide water line easement providing access for fire prevention services C) Approve the sale of City-owned surplus property D) Approve an amendment to Resolution Number 05-268 for the purchase of additional records management operating software licenses for the Police Department E) Authorize the City Manager to execute a Release of Liability with the Corp of Engineers regarding the Hurricane Rita debris reduction sites in Beaumont F) Approve a request to deed surplus property to Habitat for Humanity for the development of affordable housing G) Authorize the City Manager to execute all documents necessary to accept the project titled "FY06 S. T. E. P. CIOT" (Click It or Ticket) • A City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 3, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a seventy foot (70') wide right of way easement from the Lower Neches Valley Authority [LNVA] for the salt water barrier access road. RECOMN ENDATION The Lower Neches Valley Authority [LNVA] has agreed to convey a seventy foot(70) wide right of way easement to the City of Beaumont. The purpose of the City's acceptance of the right of way, described below, is to assume the maintenance of the roadway as an access road to the salt water barrier: A seventy foot(70') wide strip of land out of and part of the H. P. Savery Survey, Abstract No. 47; and the H. R. Williams Survey, Abstract No. 58, Jefferson County, Texas. Administration recommends acceptance of the seventy foot (70') wide right of way easement. BACKGROUND None. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. \englnva-mw-esmt-ib.wpd 3 April 2006 RESOLUTION NO. WHEREAS, The Lower Neches Valley Authority (LNVA) has conveyed a seventy (70) foot wide right-of-way easement to the City for the purpose of assuming the maintenance of the roadway as an access road to the salt water barrier. The right-of-way easement is described as being a seventy foot(70')wide strip of land out of and part of the H. P. Savery Survey, Abstract No. 47; and the H. R. Williams Survey, Abstract No. 58, Jefferson, County, Texas, as described on Exhibit "A" attached hereto; and, WHEREAS,the City Council has considered the conveyance of said easement and is of the opinion that the delivery and receipt of said easement of property is necessary and desirable and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement to said tract of land tendered by The Lower Neches Valley Authority (LNVA) be and the same is hereby in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - 4-06-05 Centerline Description of access road to LNVA salt water barrier It is the intent of this description to describe the centerline of the existing pavement located outside of any existing City of Beaumont rights of way and the 35 feet on each side of the centerline is intended to include any existing public utilities. This is written for the purpose of the City of Beaumont assuming the maintenance of the roadway. BEING a 70 foot wide strip of land out of and a part of the H. P. Savery Survey, Abstract No. 47, and the H. R. Williams Survey, Abstract No. 58 of Jefferson County Texas and being more particularly described as follows: Being a 70 foot wide strip of land, and being 35 feet on each side of the following described centerline; COMMENCING at a concrete monument marking the southeast corner of the Meentzen Brothers Subdivision as per map or plat recorded in Volume 3,Page 229 of the map records of Jefferson County, Texas, said monument being in the south line of the H. P. Savery Survey, Abstract No. 47, and the north line of the H. R. Williams Survey, Abstract No. 58 and in the north line of the Beaumont Improvement Company Subdivision to the City of Beaumont as per map or plat recorded in Volume 2, Page 5 of the map records of Jefferson County, Texas, having Texas Plane Coordinate, NAD 27, South Central Zone Y(N )=872,270.10 and X(E)=3,535,748.56; THENCE North 87°23'19" East along the south line of the H. P. Savery Survey, Abstract No. 47 and the north line of the H. R. Williams Survey, Abstract No. 58 and the north line of the Beaumont Improvement Company Subdivision a distance of 1740.28 feet to an intersection with the west line of Bigner Road, a 60'wide right of way, an iron rod with a brass tag stamped RPLS #5056 for the southwest corner of a 0.060 acre tract of land being described as Tract No. 113 and being recorded in Clerk's File No. 2000022184 of the Real Property Records of Jefferson County, Texas, and also being the POINT OF BEGINNING of the following described centerline; THENCE North 89°32'19" East a distance of 60.00 feet to a point in the east right of way line of Bigner Road, and continuing on an additional 79.21 feet for a total distance of 139.21 feet to a point in the centerline of the access road to the LNVA Salt Water Barrier; THENCE North 89'32'19" East along the centerline of said roadway a distance of 587.23 feet to a point for corner, said point being the point of curvature of a curve to the left having a radius of 625.00 feet, a delta angle of 38°23'43" and a chord length of 411.04 feet bearing North 70°20'28" East; EXHIBIT "A" Sheet 1 of 2 THENCE continuing along the centerline of said roadway and along the arc of said curve to the left a distance of 418.83 feet to a point for the tangency of said curve; THENCE North 51 008'36" East along the centerline of said roadway a distance of 960.66 feet to a point for corner, said point being the point of curvature of a curve to the left having a radius of 625.00 feet, a delta angle of 26°03'19" and a chord length of 281.78 feet bearing North 38°06'57" East; THENCE continuing along the centerline of said roadway and along the arc of said curve to the left a distance of 284.22 feet to a point for the tangency of said curve; THENCE North 25'05'17" East along the centerline of said roadway a distance of 179.63 feet to a point of curvature of a curve to the right having a radius of 625.00 feet, a delta angle of 54°33'22" and a chord length of 572.91 feet bearing North 52 022'02" East; THENCE continuing along the centerline of said roadway and along the arc of said curve to the right a distance of 595.11 feet to a point for the tangency of said curve; THENCE North 79 038'47" East along the centerline of said roadway a distance of 3211.49 feet to a point for corner, said point being the point of curvature to the left having a radius of 300.00 feet, a delta angle of 89°59'18" and a chord length of 424.22 feet bearing North 34°38'59" East; THENCE continuing along the centerline of said roadway and along the arc of said curve to the left a distance of 471.18 feet to a point for the tangency of said curve; THENCE North 10°20'38" West along the centerline of said roadway a distance of 237.95 feet to a point of termination of said centerline herein described, said point also being in the north line of a 3.358 acre tract described as Tract No. 105-revised and recorded in Clerks' File No. 2003038682, also being in the south line of a 0.613 acre tract of land described as Tract No. 104- revised and recorded in Clerk's File No. 2005002058, said point being South 79°46'02" West a distance of 30.00 feet from a 5/8" iron rod, said 5/8" iron rod being the northeast corner of said Tract No. 105-revised and the southeast comer of said Tract 104-revised and having Texas State Plane Coordinate,NAD 27, South Central Zone Y(1)=874,961.83 and X(N)=3,543,419.91. EXHIBIT "A" Sheet 2 of 2 B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 11, 2006 AGENDA MEMO DATE: April 3, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services. RECOMMENDATION Nilesh Patel and his wife,Bhumida Nilesh Kumar,have agreed to convey a ten foot(10')wide-Water Line Easement to the City of Beaumont. The easement will provide mandatory access for fire prevention services for the Sleep Inn (Nilesh Patel's property) located at 2030 N. 11t` Street (0.0984 acre out of the A. Williams Survey, Abstract 385). Administration recommends acceptance of the easement. BACKGROUND None. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_patel_sleep-inn-ib.wpd 3 April 2006 RESOLUTION NO. WHEREAS, Nilesh Patel and his wife, Bhumida Nilesh Kumar, have conveyed a ten-foot (10') wide Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services at the following location: 00 Sleep Inn 2030 N. 11 th Street 0.0984 acre out of the A. Williams Survey, Abstract 385 and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Nilesh Patel and his wife, Bhumida Nilesh Kumar, as described on Exhibit 'A" be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - l EXHIBIT"A", PAGE I OF 3 FIELD NOTE DESCRIPTION FOR A 0.0984 ACRE TRACT OUT OF THE A. WILLIAMS SURVEY,ABSTRACT 385 JEFFERSON COUNTY, TEXAS FEBRUARY 7, 2006 That certain 0.0984 acre tract out of the A. Williams Survey, Abstract 385, Jefferson County, Texas, and being out of a called 1.371 acre tract conveyed to Nilesh Patel and wife, Bhumida Nilesh Kumar as recorded in Clerks File No. 2004049540 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.0984 acres being more particularly described by metes and bounds as follows: Basis of Bearings is the north line of the said 1.371 acre tract and a called 0.0791 acre tract conveyed to Nilesh Patel and wife, Bhumida Nilesh Kumar as recorded in Clerks File No. 2005024322 of the Offical Public Records of Real Property of Jefferson County, Texas having been called North 73 015'00" East. COMMENCING at a Y2" iron rod found in the east right-of-way line of N. 11th Street for the southwest comer of the said 1.371 acre tract; THENCE North 01 052'01" West along the said east right-of-way line of N. 11th Street and the west line of the said 1.371 acre tract a distance of 51.91 feet (called North 01°52'01"West) to a point for the southwest comer of the said 0.0984 acre tract and the POINT OF BEGINNING; THENCE North 01°52'01" West continuing along the said east right-of-way line of N. 11" Street and the said west line of the 1.371 acre tract a distance of 10.37 feet (called North 01°52'01" West) to a point for the northwest comer of the said 0.0984 acre tract from which a 3/8" iron rod found for an angle point of the said 1.371 acre tract bears North 01 052'09"West 36.68 feet (called North 01052'01"West); THENCE along the northerly line of the said 0.0984 acre tract with the following courses and ,distances: North 72 047'14" East a distance of 73.40 feet to an angle point; South 16 044'36" East a distance of 24.39 feet to an angle point; North 73 007'13" East a distance of 97.84 feet to an angle point; South 62 041'13" East a distance of 66.16 feet to an angle point; North 73 007'13" East a distance of 154.26 feet to a point for the northeast comer of the said 0.0984 acre tract; Fittz&Shipman,Inc- Page 1 of 2 Project No. 04511.0022Wtresmt2 Plat&Description EXHIBIT"A", PAGE 2 OF 3 THENCE South 16 045'00" East a distance of 10.00 feet to a point for the southeast comer of the said 0.0984 acre tract from which a Y2" capped iron rod found for the southeast comer of a called 0.0791 acre tract conveyed to Nilesh Patel and wife, Bhumida Nilesh Kumar as recorded in Clerks File No. 2005024322 of the Official Public Records of Real Property of Jefferson County, Texas bears South 54°57'26" East 73.66 feet; THENCE along the southerly line of the said 0.0984 acre tract with the following courses and distances: South 73°07'13"West a distance of 158.30 feet to an angle point; North 62 041'13"West a distance of 55.79 feet to an angle point; South 27°18'47"West a distance of 11.44 feet to an angle point; North 62°41'13"West a distance of 10.00 feet to an angle point; North 27 018'47" East a distance of 11.80 feet to an angle point; South 73°07'13"West a distance of 104.32 feet to an angle point; North 16 044'36"West a distance of 24.33 feet to an angle point; South 72°47'14"West a distance of 66.07 feet to the POINT OF BEGINNING and containing 0.0984 acres of land more or less. This Field Note Description is based on a survey performed by Fittz &Shipman, Inc. on June 1, 2005 and February 7, 2006. Walter J. Ksiazek . c 060* rF,� Registered Profess nal Land S rveyor No. 5321 I* /taw 0 WALTER J. KSIAZEK �A9 5321 Pv� r �9•��ESS��;�Q, N�S UPV�yO Fittz&Shipman,Inc Page 2 of 2 Project No. 04511.0022Wtresmt2 Plat&Description EXHIBIT "A" PAGE 3 OF 3 CLIENT: N J HOSPITALITY INC G.F. NO. -- NILESH PATEL AND WIFE, BHUMIDA NILESH KUMAR CLERKS FILE NO. 2005024322, (CALLED S 160" E E 2.56) O.P.R.R.P.J.C. S 16'45'00" E 172.56 ° (CALLED 0.0791 ACRE) FOUND 1/2' w �• � FOUND 1/2' CAPPED -ep CAPPED IRON ROD /.Oj16ro IRON ROD w L� y� 1� 0 30 0 A L E Zg^ I I n 4J m r• O I 15 z O I � �r NOW OR FORMERLY ,`m_, mI HUGH KELLY "z �I I°00 VOL. 596, PG. 607• D.R.J.C. WATERLINE EASEMENT 0.098+-'_ I ACRE I NOW OR FORMERLY BEAU I I ALICE CHENG CLfRS ,' ONN I CLERKS FILE NO. 2001023350. IAIGRR.R p�C6�B19 TD. I I O.P.R.R.P.J.C. EGRFSS SS ANO / J J £q�MENr 10' WDE UNDERGROUND %.�43/ / GSU EASEMENT /�� VOL. 1714 PG. 8 DRJC aW ti I /d�Oy I �f I I a NUMBER DIRECTION DISTANCE of w Z L1 N 01-52'01" W 10.37 'J 1751 0 0 a L2 N 72'47'14" E 73.40 L` Z d L3 S 16'44.36" E 24.39 c°y I °w m L4 N 73'07'13" E 97.84 /- J i a La°J L5 S 62'41'13" E 66.16 m E / r L3 a L6 N 73'07'13" E 154.26 J a V) L7 S 16'45'00" E 10.00 t 1 I FL-1 4 F w o L8 S 73'07'13" W 158.30 FOUND 5/8- N>- _ IRON ROD I I a 0 w L9 N 62'41'13" W 55.79 ' FOUND 3/8" JI I� 1 0 N L10 S 2778'47" W 11.44 IRON Roo I I J 7 w Y L11 N 62'41'13" W 10.00 N 01 I I POINT OF L12 N 27'18'47" E 11.80 5511• w 36.68 C1 BEGINNIN L13 S 73'07'13 W 1104.32 (DALt.CD ?51 Al 51.91 L14 N 16'44'36" W 24.33 N 0115'11'• 072'01- W L15 IS 72'47'14" W 166.07 2030 w) (IAQED 98 96 D W) COMMENCING N. POINT FOUND 1/2- EET IRON ROD DESCRIPTION OF SERVICES REQUESTED: WATERLINE EASEMENT SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY. TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTION MADE ON THE GROUND UNDER MY SUPERVISION, AS OF FEBRUARY 7. 2006 THE ABOVE TRACT BEING LOCATED AT 2030 N 11TH STREET BEAUMONT. TEXAS 77703 AND BEING DESCRIBED AS A 0.0984 ACRE TRACT OUT OF THE A. WILLIAMS SURVEY. ABSTRACT 385 o AS RECORDED IN VOLUME_.._, PAGE_=- OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP, FEDERAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY-PANEL NO. 485457 0035 C DATED B-6-02 . THIS PROPERTY LIES IN THE ZONE NOTED. LOCATION ON MAP DETERMINED BY SCALE. ACTUAL FIELD ELEVATION NOT DETERMINED. UNLESS REQUESTED. FITTZ& SHIPMAN, INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAID MAP. FLOOD ZONE (F.E.M.A.) X CENSUS TRACT 5 REVISION DATE BEARING 3-02-06 OFD F TEq,�, WALTER J. KSIAZEK * * " REGISTERED PROFESSIONAL SURVEY 0. 5321 * Fittz�Shipman WA. oER532TKSIAZEK DATE: 02-07-06 FIELD INC. BOOK NO.: 06-01 (••OcFSS10aP• 14055 C�OR�ST �� B ONT, TEXAS gNBSURVEyOQ JOB NO.: 04511.0022 (409)832-7238 FAX (409)832-7303 JMw c Ci of Beaumont ty 1721 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 13, 2006 REQUESTED ACTION: Council approval of the sale of City-owned surplus property. RECOMMENDATION Administration recommends the sale of two (2) parcels of City-owned surplus property to the individuals listed below for a total sum of$1,050. BACKGROUND Bids were received Thursday, March 30, 2006 for the sale of City-owned surplus property. The legal description and the bidders for each property are listed below: Parcel No.: 79 Address: 2000 Oakland Legal: Hanks Addition, Lot 3, Block 1 Zoning: LI Light Industrial The bids received are listed below: Bidder Amount Bid Outreach Deliverance Church&Ministries $506.00 Michael Edwards,Jr. _$150.00 Sale of Surplus Property April 13, 2006 Page 2 Parcel No.: 90 Address: 1004-1010 Forrest Street Legal: Jirou Addition, Lot 7, Block 17 Zoning: RS Residential Bidder Amount Bid Joseph Strauch $500.50 Christine Hunt $300.00 Both properties were obtained through Jefferson County Sheriffs sales. BUDGETARY IMPACT Payments to the City for this property will be deposited in the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, on March 30, 2006, the City of Beaumont received bids for the sale of City-owned surplus property; and, WHEREAS, the City of Beaumont received bids from the following bidders in the amounts shown: PURCHASER: Outreach Deliverance Church & Ministries AMOUNT: $500.00 Parcel No. 79 Address: 2000 Oakland Legal: Hanks Addition, Lot 3 Block 1 Zoning: LI Light Industrial PURCHASER: Joseph Strauch AMOUNT: $500.50 Parcel No. 90 Address: 1004-1010 Forrest Street Legal: Jirou Addition, Lot 7, Block 17 Zoning: RS Residential and, WHEREAS, the land is no longer needed for the use of citizens as a road, nor does it have a potential for park, conservation, recreation or similar purposes; and, WHEREAS, the City of Beaumont wishes to sell the above properties as shown; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute Special Warranty Deeds for the sale of the above-described properties as shown. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th dayof April, 2006. - Mayor Guy N. Goodson - D n"Awl City of Beaumont W Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 11, 2006 REQUESTED ACTION: Council consider an amendment to the contract for the purchase of the public safety records management operating software. RECOMMENDATION Administration recommends the purchase of software licenses for $695 each and the exchange of existing software licenses for$195 each from Sungard OSSI of High Point,NC for the public safety records management operating software. BACKGROUND A public safety records management system was recently purchased from Sungard OSSI for $1,582,277. The original purchase included ten (10) Mobile-Local Area Network (MOBLAN) software licenses for the Police Department Detective Division at a cost of $500 each. The MOBLAN licenses can only be used on mobile computers equipped with aircards. This amendment provides for the exchange of ten (10) MOBLAN licenses for standard field reporting licenses,which can be used on mobile computers or desktop computers, at a cost of$195 each and the purchase of ten (10) additional standard licenses for$695 each. BUDGETARY IMPACT Funds are available in the Police Department's Department of Justice Grant Fund for the exchange and purchase of the public safety field reporting software licenses in the total amount of$8,900. Public Safety Records Management Software Licenses April 11,2006 Page 2 PREVIOUS ACTION Res. No.05-268 approved by Council on December 20, 2005. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RESOLUTION NO. WHEREAS, City Council approved Resolution No. 05-268 on December 20, 2005, awarding a bid to various vendors for the purchase of a fully integrated public safety records management and computer-aided dispatch (CAD)software and hardware system for the City's Police, Fire and EMS Departments; and, WHEREAS, the City wishes to purchase ten (10) additional standard licenses at a cost of$695 each and exchange ten (10) Mobile-Local Area Network (MOBLAN) existing software licenses for standard field reporting licenses for the Police Department Detective Division at a cost of$195 each. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution No. 05-268 be and the same is hereby amended to amend the purchase agreement with SunGuard OSSI to reflect the exchange of ten (10) existing Mobile-Local Area Network (MOBLAN) software licenses for standard field reporting licenses at a cost of $195.00 each and the purchase of ten (10) additional standard licenses at a cost of $695.00 each for use on mobile computers or desktop computers in the Police Department Detective Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - E City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 11, 2006 REQUESTED ACTION: Council authorize the City Manager to execute a Release of Liability with the Corp of Engineers regarding the Hurricane Rita debris reduction sites in Beaumont. RECOMMENDATION Administration recommends Council authorize the City Manager to execute a Release of Liability with the Corp of Engineers regarding the Hurricane Rita debris reduction sites in Beaumont. BACKGROUND The City authorized the Corp of Engineers, by a Right-of-Entry Agreement, to Beaumont Municipal Airport and the Fair Park Fairgrounds for the purpose of establishing debris reduction sites in October 2005. The sites were used for the burning and chipping of wood debris from Hurricane Rita. The Right-of-Entry number for the City of Beaumont was RITA-BEA-108. The purpose of this Release of Liability is to document the agreement with the Corp of Engineers that the site restorations at Beaumont Municipal Airport and at Fair Park have been satisfactorily completed. In addition to the Corp of Engineers contractor, the debris removal contractor for Jefferson County was also located at Beaumont Municipal Airport. The County's contractor is currently completing their restoration efforts and should be completed within the next week. It is anticipated that the area used by both debris removal contractors at Beaumont Municipal Airport will require land leveling. The use of land leveling is necessary to reestablish proper drainage within this area of the airport. Estimated cost for the land leveling and potential reimbursement from the Federal Emergency Management Administration are currently being evaluated. BUDGETARY EVIPACT None. The cost of debris removal was the responsibility of the Federal Emergency Management Administration (FEMA). PREVIOUS ACTION Right-of-Entry Agreement was executed in October 2005. SUBSEQUENT ACTION None. RECODD4ENDED BY City Manager and Public Works Director CorpReleaseotLiability mpd April 11,2006 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a Release of Liability with the Corp of Engineers regarding the Hurricane Rita debris reduction sites atthe Beaumont Municipal Airport and the Fair Park Fairgrounds. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - Department of the Army RELEASE OF LIABILITY HURRICANE RITA CITY/TOWN DEBRIS SITE Rig t of Entry No. V=TA-'S�,E Effective 20%k_, and pursuant to Right-of- Entry No.No. the City/Town of .� •' .a7 — certifies and agrees that the United States of America returned subject property in satisfactory condition and all required site restoration work has been completed. The City/Town of - G �Lm Qs1� hereby � releases and forever discharges the Government, its officers, agents and employees from any and all claims for damages of any type whatsoever, either to the above described property or persons situated thereon and waives any and all actions, either legal or equitable, which the undersigned has or ever might or may have by reason of any action of the Government, during the FENIA declared natural disaster Hurricane Rita Emergency Response and Recovery Operations. I hereby accept possession of the above referenced premises. Signature Print Name Title 12/27/2005 6: 55 PM GKH Department of the Army RELEASE OF LIABILITY HURRICANE RITA CITY/TOWN DEBRIS SITE Right of Entry No. Effective `4 , 20®N�p , and pursuant to Right-of- Entry No.7?,,rp,-B,FA- \Q�Q'� , the City/Town of)2Ea � S certifies and agrees that the United States of America returned subject property in satisfactory condition and all required site restoration work has been completed. The City/Town ofeAV,�xa r.sq- hereby releases and forever discharges the Government, its officers, agents and employees from any and all claims for damages of any type whatsoever, either to the above described property or persons situated thereon and waives any and all actions,either legal or equitable,which the undersigned has or ever might or may have by reason of any action of the Government, during the FEMA declared natural disaster Hurricane Rita Emergency Response and Recovery Operations. I hereby accept possession of the above referenced premises. Signature Print Name Title 12/27/2005 6:55 PM GKH City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 3, 2006 REQUESTED ACTION: Council consider a request to deed surplus property to Habitat for Humanity for the development of affordable housing. RECOMMENDATION The Administration recommends City Council authorize the City Manager to deed properties located at W Highland across from 2190(Annie T Warren PT5 B9 .957AC)and the Right of 3976 Detroit (Glenwood L7&L8 B205),to Habitat for Humanity,for the development of affordable housing for low/moderate income families. BACKGROUND The properties at W Highland across from 2190 (Annie T Warren PT5 B9 .957AC) and the Right of 3976 Detroit (Glenwood L7 & L8 B205) have been retained by the City as surplus property. Conveyance of these properties will provide affordable housing for low/moderate income families. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION ° None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing Manager. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute deeds conveying the following surplus properties to Habitat for Humanity for the development of affordable housing for low/moderate income families: 4 W Highland across from 2190 (Annie T. Warren PT5 B9. 957AC) -+ Right of 3976 Detroit (Glenwood L7 & L8 B205) PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - Y Y G City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police MEETING DATE: April 18, 2006 AGENDA MEMO DATE: March 30, 2006 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary to accept the project titled "FY06 S. T. E. P. CIOT" (Click It or Ticket). RECOMMENDATION Administration recommends authorizing City Manager to execute all documents necessary to accept the project titled"FY06 S. T. E. P. CIOT' which occurs between May 1, 2006 and June 30, 2006 to increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Memorial Day Holiday period. BACKGROUND In January, 1999, the City Council passed a resolution authorizing the city to apply for matching funds for a traffic safety "Safe and Sober S. T. E. P." grant project. The Police Department has successfully applied for and the City Council approved several traffic safety grants since that one. This grant application will provide funding for a"FY06 S. T. E. P. CIOT"grant program. The grant would be in the amount not to exceed Thirteen Thousand One Hundred and Twenty ($13,120) Dollars from the Texas Department of Transportation without a requirement of any city "match" funding. BUDGETARY IMPACT City would receive grant funding in a total amount of Thirteen Thousand One Hundred and Twenty ($13,120)Dollars without a requirement of any city"match" funding. 0 PREVIOUS ACTION The City has participated in"S. T. E. P." traffic enforcement grants in prior years. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager to execute all documents necessary to accept the project titled'FY06 S. T. E. P. CIOT'. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS, traffic safety enforcement and encouragement of safe driving habits is a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement funding in an amount not to exceed Thirteen-Thousand One-Hundred and Twenty ($13,120) Dollars pursuant to the projects titled "FY06 S.T.E.P. CIOT"for occupant protection enforcement, education of the public and speeding enforcement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont, be, and is hereby, authorized to execute all documents necessary to accept the project"FY06 S.T.E.P. CIOT"and take such action as necessary to implement the project which occurs between May 1, 2006 and June 30, 2006; and, Accept and disburse the federal reimbursement grant funding in the amount not to exceed Thirteen-Thousand One-Hundred and Twenty ($13,120) Dollars; and, Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the"FY06 S.T.E.P. CIOT project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - IWOVA� 3l�i City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 18, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 2-8/Consent Agenda * Consent Agenda GENERAL BUSINESS • 1. Consider approving a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1359 Magnolia 2. Consider approving a three(3)year financial advisory agreement with RBC Dain Rauscher Inc. d/b/a RBC Capital Markets 3. Consider approving an annual contract for the purchase of passenger and light truck tires 4. Consider approving a bid for construction of a metal building at the Police Department training facility 5. Consider approving a resolution authorizing the City Manager to submit a grant application and, if approved, execute a contract with the Texas Department of Transportation (TxDOT)to receive federal funding under the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 6. Consider approving a resolution authorizing the City Manager to accept a grant for the Bunn's Bluff Canal-Inner Levee Stabilization Project and to amend the grant to • add a second phase to the project 7. Consider approving a resolution authorizing the City Manager to increase the Bunn's Bluff Canal-Levee Improvement Project amount for"extra work" WORKSESSION * Decide the budget allocations for the Public Services, which includes the Emergency Shelter Set-Aside, and the Public Facilities and Improvements line items 8. Consider approving a resolution adopting the 2006 Consolidated Block Grant Program Action Plan COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Shane Landry v City of Beaumont Brenda Batiste v. City of Beaumont, et Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. � 1 April 18, 2006 Consider approving a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)District at 1359 Magnolia Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 18, 2006 AGENDA MEMO DATE: March 21, 2006 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)District at 1359 Magnolia. RECOMMENDATION The Administration recommends denial of a specific use permit to allow a drinking place in a GC- MD (General Commercial-Multiple Family Dwelling) District at 1359 Magnolia. BACKGROUND Patrice Jackson is requesting a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)District. The property is located at 1359 Magnolia. On the subject property sits a vacant building that was formerly used as a night club. Ms. Jackson states that the night club will be opened 7 days a week. Hours of operation will be 4 p.m. - 12 a.m., Sunday- Wednesday and 4 p.m. - 2 a.m., Thursday- Saturday. The club will cater to individuals age 25 and up. No adult entertainment will be provided. The Planning Manager had recommended approval subject to the following conditions: • Limit capacity to a maximum of 76 persons or obtain approval of a special exception to the parking requirements from the Zoning Board of Adjustment. • Provide the required parking lot perimeter landscaping along Magnolia Avenue (6' Wide landscape strip). • No adult entertainment will be permitted. However, at the public hearing a number of persons, including the property owner immediately to the north and members of Macedonia Missionary Baptist Church, spoke in opposition to the night club. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held March 20, 2006, the Planning Commission voted 7:0 to deny a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 1359 Magnolia. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 1359 MAGNOLIA, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Patrice Jackson to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 1359 Magnolia, being Lot 2 and the North 40' of Lot 3, Block 11, Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.289 acres, more or less, as described on Exhibit"A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 1359 Magnolia, being Lot 2 and the North 40' of Lot 3, Block 11, Chaison Addition, City of Beaumont, Jefferson County, Texas, containing 0.289 acres, more or less, as described on Exhibit"A" attached hereto and made a part hereof for all purposes, is hereby granted to Patrice Jackson, her legal representatives, successors and assigns, subject to the following conditions: 4 Limit capacity to a maximum of 76 persons or obtain approval of a special exception to the parking requirements from the Zoning Board of Adjustment. 4 Provide the required parking lot perimeter landscaping along Magnolia Avenue (6' wide landscape strip). 4 No adult entertainment will be permitted. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - O p h t /t Q____ ' / k •i s R `� At Sr 3Z HAAEES w • ., /! - , S -�! `— 6 14 0 / I - °GdTRLPA AYe File 1819-P; Request for a specific use permit to allow a drinking place in a GC-MD NORTH (General Commercial-Multiple Family Dwelling) District. — Location: 1359 Magnolia - Applicant: Patrice Jackson SCALE V=200' //Gtr /Cry 400 goo so 'Is fay 40 41-5 ! /I (11 lid irk: If Jr 0 is to L, /• J , $ ' � r t • e . a w W tta u/a o t o —=- v t v / AVE,. �.c 71 LOU/S/ i_ — / h I�/� V J t• �R . •� a / v 0 rt9 3 0 N 0 1 W � / ' I ,L• •t / 7 ! N h I l p , Uj /o J • Q /3 W m �.. 4 ,.b I I LL f t , o GL ADYS AVf 1 °o GLADYS AVE. ,„, to l,fl O I I .S o t k6tt/I rCO#COJ I b X /y, T o ` • la /%� i/� '66 ^/ �-t ! I �w Vv GAa* a •ta w I , 1J. R L h Jo c! Q .na 8 o a /a „ ry i I n v � w e /• OF Af $ g r � ✓ s Ij4 49 1 d6.3� J ! O g Ar 7 h ••a, �O tJ N 11 11 H n H t - /so/ df 1 • o� if Z x ; l/ AL s r n w is /I • J Q t7 J S n fez LL R /J 10 1� / �• NIL Eq ,°� / E6 S a � rrd / p rI0 1 p // /t"� U° / 410 d C 7''1''�c- N O • t r $ .lS/IL EY�rJ AV>< , , • „ EXHIBIT "A" 0 1359 MAGNOLIA STREET ....... W g' _ -----------------------------------...........---- --------............--------------------------- 21' 9' A 2 19, 32' � , 24 o, Lower Roof Pitch tu S I N S I j 0 kQ Existing 9, 0 to 0 Bldg b � MCA 1 4aw C m ; r r- r p 54 ' To P er ne M m E� Nandi apped W x io 0 to _______ ------ scale I - t 12' 11' Existing Bldg . Floor EConcrete Existing Bldg From Center of Street Approx. 40' °I Rote: Roof Pitch 1 3 Tab Composition Shingles Siding T-1-11 Ridge Height on Existing Bldg 14' EXHIBIT «B„ Lower Pitch Roof 11' r 2 April 18, 2006 Consider approving a three(3)year financial advisory agreement with RBC Dain Rauscher Inc. d/b/a RBC Capital Markets City of Beaumont A c g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 11, 2006 REQUESTED ACTION: Council consider a resolution approving a three (3) year financial advisory agreement with RBC Dain Rauscher Inc. d/b/a RBC Capital Markets. RECOMMENDATION The administration requests approval of a resolution authorizing a three(3)year financial advisory agreement with RBC Dain Rauscher Inc. d/b/a RBC Capital Markets. BACKGROUND The current contract for financial advisory services with RBC Dain Rauscher expired on March 11, 2006. Frank Ildebrando as Managing Director has assisted the City for many years with the issuance of Obligations. Advisory services may include analyzing the financing alternatives available to the City,recommending a plan for the issuance of debt,organizing the financing team,working with bond counsel, assisting with the preparation of the Official Statements, coordinating a competitive sale or other services related to the issuance of debt. RBC Capital Markets will bill the City at closing for each issue of Obligations based on the fee schedule included in the contract BUDGETARY E"ACT None. Fees are added to the proceeds as a cost of issuance. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves and authorizes a three (3) year financial advisory agreement with RBC Dain Rauscher Inc. d/b/a RBC Capital Markets. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - 0 0 RBC Frank J.Ildebrando • Managing Director Capital Fixed Income Banking • : .Markets U.S.Debt Markets Phone:(713)651-3370 Fax:(713)651-3347 Fmnk.ildcbrando@rbcdain.com March 21, 2006 Mayor and City Council City of Beaumont,Texas 801 Main Beaumont,TX 77704 Ladies and Gentlemen: 1. Retention of RBC Capital Markets. We understand that the City of Beaumont("Issuer"or"you")will have under consideration the issuance of obligations evidencing indebtedness ("Obligations'), either in a single financing or in a series of financings,and that in connection with the issuance of such Obligations you hereby agree to retain RBC Dain Rauscher Inc. d/b/a RBC Capital Markets ("RBC Capital Markets') as your financial advisor in accordance with the terms of this financial advisory agreement ("Agreement'). This Agreement shall apply to all Obligations that may be authorized and/or issued or otherwise created or assumed during the period in which this Agreement is effective. 2. Scope of Services. As financial advisor,we agree to perform the following services: (a) Analyze the financing alternatives available to the Issuer, taking into account its borrowing capacity, future financing needs, policy considerations, and such other factors as we deem appropriate to consider. (b) Recommend a plan for the issuance of Obligations that will include: (1) the type of bonds (current interest, capital appreciation, deferred income, etc.); (2) the date of issue; (3) principal amount; (4) interest structure (fixed or variable); (5) interest payment dates; (6) a schedule of maturities; (7) early redemption options; (8) security provisions; (9) appropriate management fee and takedown; and (10) other matters that we consider appropriate to best serve the Issuer's interests. To the extent appropriate, the plan will address strategies in addition to the issuance of obligations, such as interest rate derivative transactions. (c) Advise you of current conditions in the relevant debt market, upcoming bond issues, and other general information and economic data which might reasonably be expected to influence interest rates, bidding conditions or timing of issuance. (d) Organize and coordinate the financing team. Unless otherwise directed by you, we will select the paying agent, escrow agent and verification agent, as the particular transaction may require, each of whom will be retained and compensated by you. In a negotiated offering, we will solicit and evaluate underwriter proposals upon request and make a recommendation for the hiring of the underwriter(s). FA Agreement(Combined) 11/11/05 March 21,2006 Page 2 (e) Work with counsel on the transaction, including bond counsel whom you retain, who will be recognized municipal bond attorneys, whose fees will be paid by you, and who will prepare the proceedings, provide legal advice concerning the steps necessary to be taken to issue the Obligations, and issue an unqualified opinion(in a form standard for the particular type of financing) approving the legality of the Obligations and(as applicable) tax exemption of the interest paid thereon. In addition, bond counsel will issue an opinion to the effect that the disclosure document does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading. Generally, working with counsel will mean coordinating with the attorneys and assisting in the financial advisory aspects of preparing appropriate legal proceedings and documents, including documents concerning any required election. (f) Assist in the Issuer's preparation of the Preliminary Official Statement ("POS") and the Official Statement ("OS") or equivalent document as the particular transaction may require (such as a private placement memorandum). (g) In connection with a competitive sale,we will: i. coordinate the preparation of the Official Notice of Sale, the Uniform Bid Form (containing provisions recognized by the municipal securities industry as being consistent with the securities offered for sale) and other such documents which you may request or deem appropriate; ii. submit all such documents for examination, approval,and certification by appropriate officials, employees,and agents of the Issuer,including bond attorneys; in. coordinate delivery of these documents to a list of prospective bidders; iv. where appropriate,organize investor meetings; V. coordinate the receipt of bids; Vi. advise as to the best bid,including acceptance or rejection of the best bid; Vii. if a bid is accepted,coordinate the delivery of and payment for the Obligations; Viii. assist in verification of final closing figures; ix. provide copies of documents to the purchaser of the Obligations in accordance with the terms of the Official Notice of Sale and the Uniform Bid Form. - (h) Make recommendations as to credit rating(s) for the proposed Obligations and,should the Issuer seek a rating, coordinate the process of working with the rating agency or agencies and assist in the preparation of presentations as necessary. (i) Make recommendations as to obtaining municipal bond insurance, a liquidity facility or other credit enhancement for the Obligations and, should the issuer seek any such credit enhancement, coordinate the process and assist in the preparation of presentations as necessary. FA Agreement(Combined) 11/11/05 March 21,2006 Page 3 (j) Attend meetings of governing bodies of the Issuer,its staff,representatives or committees as requested. (k) After closing, we will deliver to the Issuer and the paying agent(s) definitive debt records, including a schedule of annual debt service requirements on the Obligations. You acknowledge that advice and recommendations involve professional judgment on our part and that the results cannot be,and are not,guaranteed. 3. Information to be Provided to RBC Capital Markets. You agree(upon our request)to provide or cause to be provided to us information relating to the Issuer,the security for the Obligations,and other matters that we consider appropriate to enable us to perform our duties under this Agreement. With respect to all information provided.by you or on your behalf to us under this Agreement, you agree upon our request to obtain certifications (in a form reasonably satisfactory to us) from appropriate Issuer representatives as to the accuracy of the information and to use your best efforts to obtain certifications (in a form reasonably satisfactory to us) from representatives of parties other than the Issuer. You acknowledge that we are entitled to rely on the accuracy and completeness of all information provided by you or on your behalf. 4. Official Statement. You acknowledge that you are responsible for the contents of the POS and OS and are subject to and may be held liable under federal or state securities laws for misleading or incomplete disclosure. To the extent permissible by law,you agree to indemnify and hold us harmless against any losses, claims,damages or liabilities to which we may become subject under federal or state law or regulation insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon omission or alleged omission to state in the disclosure document a material fact required to be stated therein or necessary to make the statements therein not misleading; and will reimburse us for any legal or other expenses reasonably incurred by us in connection with investigating or defending any such loss, claim, damage,liability or action. 5. G23. If,during the term of this Agreement,we are asked to serve as underwriter with respect to any issue of Obligations of the Issuer to be sold on a negotiated basis,we will,by written notice to the Issuer,and upon the Issuer's written consent, terminate our obligations under this Agreement with respect to that issue of Obligations. This Agreement, however, will stay in effect with respect to other Obligations of the Issuer for which we are not acting as underwriter. 6. Fees and Expenses. In connection with the authorization, issuance, and sale of Obligations, you agree that our fee will be computed as shown on the "Fee Schedule" attached hereto. Our fee will become due and payable simultaneously with the delivery of the Obligations to the Purchaser. Our fee does not include and we will be entitled to reimbursement from you for any actual "out-of-pocket" expenses incurred in connection with the provision of our services, including reasonable travel expenses or any other expenses incurred on your behalf. These expenses will be due and payable when presented to the Issuer, which normally will be simultaneously with the delivery of the Obligations to the Purchaser. FA Agreement(Combined) 11/11/05 March 21,2006 Page 4 7. Interest Rate Derivatives. If you decide to consider the use of interest rate derivative products as part of the financing plan for Obligations covered by this Agreement, we will be pleased to provide our assistance upon request. The nature of our assistance will be set forth in an amendment to this Agreement or in another separate document. 8. Term of Agreement. This Agreement shall be for a period of 36 months (the "Term") from its date; however, this Agreement may be terminated by either party upon 30 days written notice. If neither party provides written termination prior to the end of the Term, this Agreement will automatically renew for another Term. Paragraphs 4 and 7 (insofar as it concerns reimbursable expenses) survive any termination of this Agreement. 9. Miscellaneous Provisions. This Agreement is submitted in duplicate originals. Your acceptance of this Agreement will occur upon the return of one original executed by an authorized Issuer representative,and you hereby represent that the signatory below is so authorized. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of the Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties as to the subject matter thereof and supersedes any prior understandings or representations. This Agreement may be amended or modified only by a writing signed by both parties. This Agreement is solely for the benefit of you and RBC Capital Markets, and no other person. RBC Capital Markets may not assign this Agreement without your prior written consent. Respectfully submitted, RBC CAPITAL TS By Name Frank J. Ildebrando Title Managing Director Date March 21,2006 FA Agreement(Combined) 11/11/05 March 21,2006 Page 5 ACCEPTANCE ACCEPTED pursuant to motion adopted by the governing body of City of Beaumont,Texas on _,2006. By Name Title Attest: By Name Title Date FA Agreement(Combined) 11/11/05 FEE SCHEDULE In consideration for the services rendered by RBC Capital Markets,the Issuer agrees that our fee for each issue of Obligations will be as follows: STANDARD FEE SCHEDULE More And Not Than More Than The Fee Is $ -0- $ 500,000 $ 5,000(minimum fee) $ 500,000 $ 1,000,000 $ 5,000 plus$5.00 per$1,000 for all over$500,000 $ 1,000,000 $ 5,000,000 $ 7,500 plus$2.50 per$1,000 for all over$1,000,000 $ 5,000,000 $10,000,000 $ 17,500 plus$1.25 per$1,000 for all over$5,000,000 $10,000,000 $20,000,000 $23,500 plus$1.00 per$1,000 for all over$10,000,000 $20,000,000 No Limit $ 33,500 plus$0.40 per$1,000 for all over$20,000,000 In addition, where appropriate we will charge a structuring fee to be negotiated on a case-by-case basis but in no event to exceed 25% of the fee for Core Services. Other services may be agreed upon and negotiated per letter agreement. RBC Capital Markets will bill the Issuer at Closing for each issue of Obligations a net amount which will include a fee calculated on the above schedule as well as costs and expenses, where applicable, incurred on behalf of the Issuer. Such expenses incurred could include preparation,printing, and distribution of the Notice of Sale,Official Statement, rating fees and travel expenses related to rating, if any,printing of the Obligations, and all appropriate costs and expenses associated with the closing and delivery of the Obligations. FA Agreement(Combined) 11/11/05 ! 3 April 18, 2006 Consider approving an annual contract for the purchase of passenger and light truck tires �► City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 11, 2006 REQUESTED ACTION: Council approval of an annual contract for the purchase of passenger and light truck tires. RECOMMENDATION Administration recommends award of an annual contract to Gray's Wholesale Tire Distributors, Inc., for purchasing passenger and light truck tires at the unit costs stated below with an estimated total expenditure of$314,472.47. BACKGROUND Bids were requested for an annual contract for passenger and light truck tires for use by the Fleet Management Division to maintain city-owned vehicles. Nine (9) vendors were notified with five (5) responding with bids. Gray's Wholesale Tire Distributors, Inc., has corporate offices in Fort Worth, but maintains a warehouse facility in Houston which will enable the company to meet delivery requirements. The company has held the contract satisfactorily for several years. All tires furnished under the contract are guaranteed against workmanship and material defects for the period regularly offered by the manufacturer for each particular tire. Replacement tires failing within the warranty period are furnished on a pro-rata basis, with the City paying only for the service obtained. The City has previously used each of the tire types specified without any undue rate of failure. The contract provides for the vendor to furnish approximately 2,905 assorted tires at the unit prices reflected on the attached bid tabulation. BUDGETARY IMPACT Funds are available for this expenditure in the Fleet Management Division's operating budget. Annual Contract for Passenger and Light Truck Tires April 11,2006 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for the purchase of passenger and light truck tires for use by the Fleet Management Division to maintain city-owned vehicles; and, WHEREAS, Gray's Wholesale Tire Distributors, Inc., Fort Worth, Texas, submitted a bid in the unit amounts shown on Exhibit "A" at a total estimated cost of $314,472.47; and, WHEREAS, City Council is of the opinion that the bid submitted by Gray's Wholesale Tire Distributors, Inc., Fort Worth, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Gray's Wholesale Tire Distributors, Inc., Fort Worth, Texas, for the purchase of passenger and light truck tires for use by the Fleet Management Division to maintain city-owned vehicles at the unit amounts shown on Exhibit "A" for a total estimated cost of$314,472.47 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - Vendor Gray's Wholesale Tire Address PO Box 2561_- - -- City/State Fort Worth,TX Contact Name Ron Farmer i Phone Number -_ -- _ -- -_ 800.792.8749 - W artanty_- Brand Bid Firestone J 1l.App.�J_Tire Tire Size Tire Manuwutumr Unit Price Ext.Price i 16 Passenger P195 x 65R x 15 FR380 061-940 $37.20 $595,20; 74 Passenger P205 x 75R x 15 FR380 098-051 7 $33.46 $2,476.04 51 Passenger P205 x 65R x 15 M80 098-019 $36.54 $1,863:54 ' I 17 - Passenger P215 x 6011 x 16_ FR380 061-991 $43.29 $735.93 15-- - Passenger P215 x 75R x 17.5 BS R184 264-695 $132.30 $1,984.50 j 14 Passenger_- P215 x 75R x 15 FR380 098-329 $38.49 S538.86 26 Passenger P215 x 60R x 15 Affinity 085-863 i $45.45 $1,181.70 Light Truck 67 Ambulance LT215 x 85R x 16 BF R187 295-175 f 5$7150 $6; ;$Q 1' 30 Trailer ST225 x 75R x 15 CAR 5198171 1 12 Light Truck L7225 x 70R x 15 DEST AT 026-699 $60.74 5728;$$ I � i 10 Light Truck LT225 x 70R x 19.5 BS M724 272-876 Si.,; 514690(1 Light Truck/ 25 Highway LT225 x 7011 x 19.5 BS R25OF 153-028 "125.86 $3 ff0 19 Light Truck LT225 x 75R x 16 T Transforce 189-61 $89.43 51'699:47, Light Truck/ I 12 Highway LT225 x 75R x 16 T Transforce 189-7 $$3.45 $64140 30 Passenger P225 x 75R x15 FR380 098-353 54¢,10„ 51,383;60 642 Passenger P225 x 60R x 16 PV41 067-911 16 - Light Truck LT235 x 75R x 16AT Dest AT 027-379 563:$0 $1 W.'so - Light Truck/ 74 Highway LT235_x 85R x 16 ransforce HT 189-71 $57,66, Y4,26644 Light Truck/ 56 - Highway LT235 x 85R x 16AT ransforce AT 189-63 Y$:38 Y3s269:£8 Light Truck/ 173 All Terrain LT235 x 85R x 16 _R265 267-805 $76.40 513,217.20 III 52 Light Truck LT235 x 75R x 15 ransforce HT 189-83 $55.52 $2,8z=04: 119 Pursuit P235 x 7011 x 15 PV41 069-868 1 $53.90 $6,414.14 I 31 Light Truck LT245 x 75R x 16 Dueler MT 298-6891 $74.1'5 ,�9fi5 10 Med.Truck 1 LT245 x 70 x 19.5 FS560 169-964 S1$8.38 $1:883$0 i i 109 Light Truck LT245 x 75R x 16 ransforce HT 189-70 � $55.56 $6:056.04 54 Light Truck LT245 x 75R x 16AT ransforce AT 189-58 $56.611 $3,056.40 19 _Light Truck LT265 x 75R x 16AT ransforce AT 189-50 $64.26 $1,220,94 1 TOTAL $104,116.41IJ TRUCK AND EQUIPMENT TIRES 175 Truck 315/80R22.5 FS400 190-109 _ 535$.00 $41,650:00 14 Truck 385/65R22.5 T839 294-586 $290,06" $4;060.001 16 Fire Truck 12822.5 R25OF 292-850 i $234.39 $3,7511:24 , 12 Truck 11R20 T831281-573 $242,63 $2,911.561. 429 Truck IIR22.5 T831 281-557 $210.49 $90,300.21' 381 Truck -11 R22.5 T559 290-505 $168.33 $64,133.73 20 - - Construction - I lL-16----- -Ind Spec.314-625 $69.60 $1,392.00 11 Implement 27 x 9.5-15 Farm Imp 351-792 $47.30 $520.30 14 Mower Rear 24 x 12.00-12 CAR Atici 560352 ! $43.88 $614,32 10 Mower Front 13 x 6.50-6 CAR Turf 5111861 $11:22 $112.201 50 Golf Car 18 x 8.50-8 AR Fariway 5189761 $16.23 $811.50 TOTAL EXHIBIT "A" • 4 April 18, 2006 Consider approving a bid for construction of a metal building at the Police Department training facility City of Beaumont 1175 . Council Agenda Item c g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 11, 2006 REQUESTED ACTION: Council consider award of a bid for construction of a metal building at the Police Department training facility. RECOMMENDATION Administration recommends awarding a bid for furnishing all labor, supplies, materials and equipment for the construction of a 50' X 70' metal building at the Police Department training facility to Cleveco Construction of Lumberton in the total amount of$153,800. BACKGROUND Bid specifications require the construction of one (1) 50' X 70' metal building to house an approximate 2,000 square foot live-fire modular training unit which will be assembled within this structure. The metal building will provide weather protection for the ballistic panel walls of the modular unit (particularly moisture), will allow varying light conditions for training sessions within the unit, and will provide ample space for staging officers prior to entering for training. The modular training unit will be purchased separately at a later date as construction progresses on this structure. Six (6) bids were received as reflected in the following bid tabulation: Vendor Completion Time Total Bid Amount Cleveco Construction 120 days $153,800.00 Lumberton, TX G & G Enterprise 140 days $159,500.00 Orange, TX Construction of One(1)Metal Building April 11, 2006 Page 2 Vendor Completion Time Total Bid Amount H. B. Neild & Sons, Inc. 120 days $189,800.00 Beaumont, TX N & T Construction 150 days $196,000.00 Orange, TX Placo, Ltd. 150 days $235,388.46 Lumberton, TX Daniels Building & Construction 180 days $247,993.00 Beaumont, TX The completion time is estimated to be 120 days, and work will commence in early May. Cleveco Construction is a City-certified minority business enterprise. BUDGETARY IMPACT Funds for this expenditure are available in the Confiscated Goods Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. 0 RESOLUTION NO. WHEREAS, bids were received for furnishing all labor, supplies, materials and equipment for the construction of a metal building at the Police Department training facility; and, WHEREAS, Cleveco Construction, Lumberton, Texas, submitted a bid in the amount of$153,800; and, WHEREAS, City Council is of the opinion that the bid submitted by Cleveco Construction, Lumberton, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Cleveco Construction, Lumberton, Texas, for furnishing all labor, supplies, materials and equipment for the construction of a metal building at the Police Department training facility in the amount of $153,800 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - 5 April 18, 2006 Consider approving a resolution authorizing the City Manager to submit a grant application and, if approved, execute a contract with the Texas Department of Transportation (TxDOT) to receive federal funding under the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users(SAFETEA-LU) City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 18, 2005 AGENDA MEMO DATE: April 11, 2005 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit a grant application and, if approved, execute a contract with the Texas Department of Transportation(TxDOT)to receive federal funding under the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to submit a grant application and, if approved, execute a contract with the Texas Department of Transportation (TxDOT) to receive federal funding under the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). BACKGROUND The Transportation Enhancement Program is a statewide competitive program and is administered in accordance with applicable federal and state rules and regulations. The funds provided by this program are on a cost reimbursement basis and not considered a grant. Projects undertaken with enhancement funds are eligible for reimbursement of up to 80% of allowed costs. The governmental entity (City) nominating a project is responsible for the remaining cost share, including all cost overruns. The two (2) proposed safety enhancement projects are the Amelia/Vincent Sidewalk Project and the Regina-Howell Sidewalk Project. Each project will provide 4-foot wide sidewalks along roadways identified as safe routes to school, enhancing both driver and pedestrian safety. The estimated federal and local cost shares associated with each project is provided below: ............ XX ........... ................. ..................... .......... .......... ....................................... ....................................... .......... ... ...... ........... .................................. .......... ......... ... .. ........ . .... ........... X.......................... %X ... ..................... ............... Amelia/Vincent 12,100 feet $205,960 $51,490 Regina-Howell 8,750 feet 147,543 36,885 Total 20,850 feet $353,503 $88,375 BUDGETARY IMPACT The City of Beaumont will be responsible for 20% of the total costs, estimated at $88,375. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager SAFETFA-LUEnhanc=entApp.wpd April 11,2006 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to submit a grant application to the Texas Department of Transportation (TxDOT) to receive federal funding under the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) for the Amelia/Vincent Sidewalk Project and the Regina-Howell Sidewalk Project in the total project amount of $441,878 which will provide 4-foot wide sidewalks along roadways identified as safe routes to school, enhancing both driver and pedestrian safety. The City of Beaumont will be responsible for 20% of the total project costs, estimated at $88,375. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the necessary documents to authorize acceptance, receipt and disbursement of grant funds. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - 0 6 April 18, 2006 Consider approving a resolution authorizing the City Manager to accept a grant for the Bunn's Bluff Canal-Inner Levee Stabilization Project and to amend the grant to add a second phase to the project s w cusi� i of B C ty eaumont Council Agenda Item W TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme,Water Utilities Director MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 12, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to accept a grant for the Bunn's Bluff Canal-Inner Levee Stabilization Project and the amend the grant to add a second phase to the project. RECOMMENDATION Administration recommends approval of the grant for the Bunn's Bluff Canal- Inner Levee Stabilization Project in the approximate amount of$102,140.00. This project will stabilize approximately 800 linear feet of the Bunn's Bluff canal inner levees damaged by Hurricane Rita.The proposed project is sponsored by National Resource Conservation Service (MRCS). The sponsorship allows for a 100% funding by NRCS. An amendment to the grant will add a second phase to the project. The first phase is as depicted above. Phase two of the Bunn's Bluff Canal-Inner Levee Stabilization Project will allow for the stabilization of an additional 3,000 linear feet of canal inner levees. The amendment increases the amount of the grant by approximately$300,000.00. The sponsorship for phase two is a 75 0/o/25%partnership with the City of Beaumont providing 25% (approximately $75,000.00) of the cost. The project will allow for the stabilization of all the damage caused by Hurricane Rita to the inner levees of the Bunn's Bluff canal. BACKGROUND The 2.8 miles Bunn's Buff canal transfers water from the City of Beaumont's primary surface water intake at Bunn's Bluff on Four Oaks Ranch Road,to Lawson's Pump Station. Additionally,the canal receives water from the Wiess Bluff Pump Station,the City of Beaumont's secondary surface water intake,during drought conditions and emergency situations such as petroleum spills,damage to the Bunn's Bluff intake, biological and chemical spills and any failure to the Saltwater Barrier that may prevent it from executing it's designed function. The proposed work is due to unforseen conditions resulting from Hurricane Rita. The changes will improve the future operations of the canal, increase the efficiency of the Water Treatment Plant, and help the City meet required State and Federal regulations. BUDGETARY IMPACT Funds for the project are available in the Capital Improvement Funds. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the acceptance of the grant in the approximate amount of $102,140 for the first phase of the Bunn's Bluff Canal - Levee Stabilization Project is hereby ratified. The first phase sponsored by National Resource Conservation Service (NRCS) is 100% funding by NRCS. BE IT FURTHER RESOLVED that an amendment to the grant is hereby approved increasing the amount of the grant approximately $300,000 by NRCS. The sponsorship for Phase Two is a 75%/25% partnership with the City of Beaumont providing 25%which is approximately $75,000 in matching funds. The project will allow for the stabilization of the Bunn's Bluff Canal Levee bank. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - 7 April 18,2006 Consider approving a resolution authorizing the City Manager to increase the Bunn's Bluff Canal -Levee Improvement Project amount for"extra work" voftr� fBeaumont City o � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Hani J. Tohme,Water Utilities Director MEETING DATE: April 18, 2006 AGENDA MEMO DATE: April 11, 2006 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Bunn's Bluff Canal - Levee Improvement Project amount for "extra work." RECOMMENDATION Administration recommends approval of increasing the Bunn's Bluff Canal -Levee Improvement Project amount by $69,125.00 to stabilize approximately 3,000 linear feet of the inner levees damaged by Hurricane Rita. The proposed extra work is needed on an emergency basis to protect the levees from further deterioration and transport high quality of water. The proposed extra work will represent an increase of 3.39 percent of the original contract amount. The total of all of the extra work paid by the city to date, including this proposed recommendation, will represent 24.99 percent of the original contract amount. The total cost of this extra work is$276,500. National Resource Conservation Service(NRCS) will pay seventy-five percent of the change order for a total of$207,375. BACKGROUND The proposed additions and modifications to the original contract documents and design are due to unforseen conditions resulting from Hurricane Rita. The changes will improve the future operation and increase the efficiency ofthe Water Treatment Plant,and will help the City meet required State and Federal regulations. BUDGETARY IMPACT Funds for the project are available in the Capital Improvement Funds. PREVIOUS ACTION Resolution 03-240 in the amount of$2,039,667 was passed by City Council on October 28,2003. Resolution 04-277 in the amount of$506,742 was passed by City Council on November23, 2004. Resolution 06-017 in the amount of$36,084 was passed by City Council on January 24,2006. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. RESOLUTION NO. WHEREAS, on October 28, 2003, the City Council of the City of Beaumont, Texas, passed Resolution No. 03-240 awarding a contract in the amount of$2,039,667 to Brystar Contracting, Inc., for the Bunn's Bluff Canal - Levee Improvement Project; and, WHEREAS, City Council approved Resolution No. 04-277 on November 23, 2004, for Change Order No. 1 in the amount of $506,742 to perform "extra work" needed to dredge the main water intake from the Neches River at Bunn's Bluff and to dredge the water hyacinth from cells 6, 7 and 8 at the Wetlands thereby increasing the contract amount to $2,546,409; and, WHEREAS, City Council approved Resolution No. 06-017 on January 24, 2006 for Change Order No. 2 in the amount of$36,804 to stabilize approximately 1000 linear feet of the inner levees damaged by Hurricane Rita, remove downed trees and debris from the canal and on the levees, and reduce the width of the road on the top of the levees by 6 feet; and, WHEREAS, Change Order No. 3 in the amount of $69,125 is needed to stabilize approximately 3,000 linear feet of the inner levees damaged by Hurricane Rita. The proposed extra work is needed on an emergency basis to protect the levees from further deterioration and for the transport of high quality water. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 3 in the amount of $69,125 thereby revising the contract amount to be $2,549,478. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - APPROVAL OF CONTRACT CHANGE Change Order No.3 and Final Date:April 11,2006 Project: City of Beaumont Bunn's Bluff Canal-Levee Improvement Project Owner: City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor. Brystar Contracting,Inc. 8385 Chemical Road Beaumont,Texas 77705 To the Owner: Approval of the following contract change is requested. Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to stabilize approximately 3,000 linear feet of the inner levees damaged by Hurricane Rita. ORIGINAL CONTRACT AMOUNT $ 2,039,667. CHANGE ORDER NO.1 $ 506,742. CHANGE ORDER NO.2 $ 36,084. NRCS REEKBURSEMENT $ <102,140> THIS CHANGE ORDER: Description Net Change Stabilize approximately 3000 linear feet of the inner levees. $ 69,125. NRCS matching funds(75/25). $ 207,375. TOTAL AMOUNT OF THIS CHANGE ORDER: $ 69,125. TOTAL REVISED CONTRACT AMOUNT PAID BY THE CITY INCLUDING THIS CHANGE ORDER: $2,549,478. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended Bye: Approved By: Accepted By: Hani Tohme,P.E. City of Beaumont Brystar Contracting,Inc. Water Utilities Director Owner Contractor Date: 11`/ lI 10 Date: Date:e,4/i Q 8 April 18, 2006 Consider approving a resolution adopting the 2006 Consolidated Block Grant Program Action Plan City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 18, 2006 AGENDA MEMO DATE: March 18, 2006 REQUESTED ACTION: Council conduct a workshop to decide the budget allocations for the Public Services,which includes the Emergency Shelter Set-Aside,and the Public Facilities and Improvements line items and issue a resolution adopting the 2006 Action Plan. RECOMMENDATION The Administration recommends that Council conduct a workshop to decide the budget allocations for the Public Services,which includes the Emergency Shelter Set-Aside,and the Public Facilities and Improvements line items and issue a resolution adopting the 2006 Action Plan. BACKGROUND As mandated by the United States Department ofHousing and Urban Development,City Council has conducted such workshops in previous years prior to adopting the City's Final Annual Action Plan. Community Development Advisory Committee and Administration recommendations have been forwarded to Council for consideration. BUDGETARY IMPACT The 2006 federal allocation of$2,730,362 is comprised of$1,818,982 in Community Development Block Grant funds, $761,380 in HOME funds and an estimated $150,000 in Program Income. During the February 21, 2006 Council meeting, Council allocated $100,000 to the Public Services/Public Facilities and Improvements and$85,000 to the Public Services/Emergency Shelter Set-Aside line items. PREVIOUS ACTION Council conducted a Public Hearing to receive public comments and listen to representatives ofPublic Service agencies who addressed the nature of their proposals on the Public Services and the Public Facilities& Improvements line items of the 2006 Annual Action Plan Budget, Tuesday, March 28, 2006. Council adopted the 2006 Preliminary Budget on Tuesday, February 21, 2006. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Grants Administrator RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council of the City of Beaumont hereby adopts the 2006 Consolidated Block Grant Program Action Plan, Public Services/Public Facilities & Improvements/Emergency Shelter Set-Aside, substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of April, 2006. - Mayor Guy N. Goodson - 2006 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Public Facilities&improvements/Emergency Shelter Set-Aside AMOUNT CDAC ADMINISTRATION CITY COUNCIL ORGANIZATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS PUBLIC SERVICES 1. Child Abuse and Forensic Services $20,231.00 $15'000.00 $15'000.00 2. Christian Women's Job Corps $22,014.00 $14,000.00 $14,000.00 3. Emanuel Temple Community Development Corp. $19,528.00 4. IEA-Inspire,Encourage,Achieve $6,825.00 $6,825.00 $6,825.00 5. Mama Hager's Christian Home Inc. $20,000.00 $5'000'00 $5,000.00 6. Nutrition and Services for Seniors $8,000.00 $8'x'00 $8,000.00 7. Triangle AIDS Network $19,9 .00 $5,000.00 $5,000.00 8. YMCA-L. L. Melton Family Branch $19,868.00 $19,968.00 $19,968.00 PUBLIC FACILITIES AND IMPROVEMENTS 9. Beaumont Community Players $20,000.00 10. Catholic Charities of the Diocese of Beaumont Inc. $20,000.00 11. Shorkey Center $15,000.00 $15,000.00 $15,000.00 12. Spindletop MHMR $16,262.00 $11,207.00 $11,207.00 $100,000.00 $100,000.00 $0.00 PUBLIC SERVICES(EMERGENCY SHELTER SET-ASIDE) 13. Family Services of Southeast Texas $25,000.00 $25,000.00 $25,000.00 14. Some Other Place/HENRY'S PLACE $45,250.00 $40,634.00 $40,634.00 15. The Watt's Home Inc. $19,366.00 $19,366.00 $19,366.00 $85,000.00 $85,000.00 TOTAL REQUESTED $282,444.00 $185,000.00 $185,000.00 $0.00 M X IOU n v WORKS S SION Decide the budget allocations for the . Public Services, which includes the Emergency Shelter Set-Aside, and the Public Facilities and Improvements line items • C! City of Beaumont Council Agenda Item m K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 18, 2006 AGENDA MEMO DATE: March 18, 2006 REQUESTED ACTION: Council conduct a workshop to decide the budget allocations for the Public Services,which includes the Emergency Shelter Set-Aside,and the Public Facilities and Improvements line items and issue a resolution adopting the 2006 Action Plan. RECOMMENDATION The Administration recommends that Council conduct a workshop to decide the budget allocations for the Public Services,which includes the Emergency Shelter Set-Aside,and the Public Facilities and Improvements line items and issue a resolution adopting the 2006 Action Plan. BACKGROUND As mandated by the United States Department ofHousing and Urban Development,City Council has conducted such workshops in previous years prior to adopting the City's Final Annual Action Plan. Community Development Advisory Committee and Administration recommendations have been forwarded to Council for consideration. BUDGETARY IMPACT The 2006 federal allocation of$2,730,362 is comprised of$1,818,982 in Community Development Block Grant funds, $761,380 in HOME funds and an estimated $150,000 in Program Income. During the February 21, 2006 Council meeting, Council allocated $100,000 to the Public Services/Public Facilities and Improvements and$85,000 to the Public Services!Emergency Shelter Set-Aside line items. PREVIOUS ACTION Council conducted a Public Hearing to receive public comments and listen to representatives ofPublic Service agencies who addressed the nature of their proposals on the Public Services and the Public Facilities& Improvements line items of the 2006 Annual Action Plan Budget, Tuesday, March 28, 2006. Council adopted the 2006 Preliminary Budget on Tuesday, February 21, 2006. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Grants Administrator 2006 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Public Facilities&Improvements/Emergency Shelter Set-Aside AMOUNT CDAC ADMINISTRATION CITY COUNCIL ORGANIZATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS PUBLIC SERVICES 1. Child Abuse and Forensic Services $20,231.00 $15,000.00 $15,000.00 2. Christian Women's Job Corps $22,014.00 $14,000.00 $14,000.00 3. Emanuel Temple Community Development Corp. $19,528.00 4. IEA-Inspire, Encourage,Achieve $6,825.00 $6,825.00 $6,825.00 5. Mama Hager's Christian Home Inc. $20,000.00 $5,000.00 $5,000.00 6. Nutrition and Services for Seniors $8,000.00 $8,000.00 $8,000.00 7. Triangle AIDS Network $5,000.00 $5,000.00 $5,000.00 8. YMCA-L. L. Melton Family Branch $19,968.00 $19,968.00 $19,968.00 PUBLIC FACILITIES AND IMPROVEMENTS 9. Beaumont Community Players $20,000.00 10. Catholic Charities of the Diocese of Beaumont Inc. $20,000.00 11. Shorkey Center $15,000.00 $15,000.00 $15,000.00 12. Spindletop MHMR $16,262.00 $11,207.00 $11,207.00 $100,000.00 $100,000.00 $0.00 PUBLIC SERVICES(EMERGENCY SHELTER SET-ASIDE) 13. Family Services of Southeast Texas $25,000.00 $25,000.00 $25,000.00 14. Some Other Place/HENRY'S PLACE $45,250.00 $40,634.00 $40,634.00 15. The Watts Home Inc. $19,366.00 $19,366.00 $19,366.00 $85,000.00 $85,000.00 TOTAL REQUESTED $282,444.00 $185,000.00 $185,000.00 $0.00 is