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Home My WebLink AboutPACKET OCT 04 1983 CONSENT AGENDA OCTOBER 4, 1983 * Approval of Minutes. a. A resolution appointing Maree Calcote Chairman of the Clean Community Commission. b. A resolution accepting street and water utility improve- ments in Willow Creek Country Club Estates. c. A resolution rescheduling the public hearing on proposed transit fares. d. A resolution authorizing settlement of a claim for damages to a City vehicle. a. September.29, '1983 .y Council fetter 18 Honorable Mayor and Members of City Council Subject: Appointment of Chairman This resolution would appoint -Maree Calcote as Chairman of the Clean Com- munity Commission. She was nominated for the chairmanship by Mayor Neild. The ordinance establishing the commission provides for members to be ap- pointed by the Council for two-year terms and for the Chairman to be selected by the Council with no term specified for the chairmanship. It'. is recommended that the resolution be adopted. kL qX Karl Nollenberger City Manager AG Li'l NQ Q-- R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Maree Calcote be appointed as Chairman of the Clean Community Commission. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - b. September 29, 1983 T Y Council Letter, 13 Honorable Mayor and Members of City Council Subject: Acceptance of Willow Creek Country Club Estates Improvements Willow Creek Country Club Estates was inspected by the Water Utilities Depart- ment and the Engineering Division of the Urban Transportation Department. Water, storm sewer, sanitary sewer and street improvements were found to be constructed in accordance with City standards; therefore, it is recommended that these improvements be accepted for City maintenance. Street Improvements: Pebble Beach Drive from the intersection of the north end of Pebble Beach Drive and Willow Bend Drive to the intersection of the south end of Pebble Beach Drive and Willow Bend Drive, a dis- tance of 1,265 feet. Willow Bend Court from the west right-of-way line of Willow Bend Drive west approximately 210 feet to and including the cul-de-sac. Water' Improvements: Lots 3-16, Block 4; Lots 1-9, Block 5; and Lots 14-17, Block 5. It. is recommended that this resolution be approved. Karl Nollenberger City Manager r r y W J � J •y 4y L1A ° CUT- OFF PROP. OUTFALL DITCIINo.I t � - f O CC t f 2% 2 ry ° PROPOSED ° J r o v a SITE a ,* qu v MAJOR DR. (F.M.364) CORPORATE CIT`I LIMRS t' L OCA-r I O N MAP for : LLD / C ZEE:K COUNTp--1- CLUB ESTATES - SECT/ON ,_ SCALE: /"= P000' ��N TR.NSppRTATION 'ENCq/NSE2► OIv1S1ON 9-28.83 CAK AGET�p.A IrEn NO R E S O L U T I O N WHEREAS, the developers of Willow Creek Country Club Estates have completed the water, sanitary sewer, storm sewer, and street improvements as follows: Street Improvements: Pebble Beach Drive from the intersection of the north end of Pebble Beach Drive and Willow Bend Drive to the intersection of the south end of Pebble Beach Drive and Willow Bend Drive a distance of 1 ,265 feet. Water Improvements: Lots 3-16 , Block 4 Lots 1-9 , Block 5 Lots 14-17 , Block 5 and, WHEREAS, the developers of said subdivision desire to have these improvements accepted and maintained by the City; and, WHEREAS, the directors of the Urban Transportation and Water Utilities departments recommend that said improvements qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the water, sanitary sewer, storm sewer, and street improvements in Willow Creek Country Club Estates as above described, be, and the same are hereby ,, accepted by the City of Beaumont and shall be continuously maintained by the City . A PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - 2 - September 29, .1983 Council' Letter 9 Honorable Mayor and Members of City Council Subject: Public Hearing on Proposed Transit Fares On September 20th, the City Council established October 25, 1983, as the date for a public hearing on proposed transit fares. The proposed fares include consideration of increases for adults (from 40¢ to 50¢) and young persons (from 15t to 20�) on fixed route service. Adult monthly passes are proposed for regular charter service. There are no proposals to increase fares for elderly or handicapped persons. In addition, transfers and all Special Tran- sit Service fares are proposed to remain unchanged. A summary of the pro- posed fare structure is attached. The fare changes are estimated to increase annual revenue by approximately $50,000 in Fiscal Year 1984. The City's share of the resultant deficit reduc- tion would be approximately $25,000. Federal regulations require a public hearing on proposed fares and publication of a notice of public hearing at least thirty days prior to the public hearing date. Persons unable to attend the public hearing may submit written comments, as indicated in the public hearing notice. In a public hearing notice published in the Beaumont Enterprise September 24th, the newspaper omitted lines of the notice provided by the City. Young person fares and adult monthly passes were incorrectly combined in a manner which stated that young persons' fares were proposed to increase from $15 to $18. In order to allow correct publication of the public hearing notice at least 30 days prior to the public hearing, a resolution is -recommended which changes the public hearing date from October 25th to November 8th. A copy of the proposed public hearing notice is attached. It is recommended that the public hearing be rescheduled. Karl Nollenberger City Manager LEGAL NOTICE NOTICE OF PUBLIC HEARING RE: BEAUMONT MUNICIPAL TRANSIT FARE CHANGES Notice is hereby given that a Public Hearing will be held by the City of Beaumont, Texas on November 8? 1983, immediately following the regular 1:00 p.m. City Council meeting for the purpose of considering a fare increase for Beaumont Municipal Transit, BMf. The proposed fare changes are as follows: The Adult fare will be increased from $ .40 to $ .50; Young Person fare will be increased from $ .15 to $ .20; Adult monthly pass fare will be increased from $15.00 to $18.00; Regular Charter rate will be increased from 3 hour minimum of $60.00 and $20.00 per hour for each additional hour to 3 hour minimum of $80.00 and $28.00 per hour for each additional hour; and, Contract Charter rate will be increased from 3 hour minimum of $60.00 and $20.00 per hour for each additional hour to-3 hour minimum of $70.00 and $24.00 per hour for each additional hour. The fare changes will increase annual revenue by an estimated amount of .$50,000. The additional revenue will assist in reducing the BMT annual operating deficit. At the Public Hearing, the City of Beaumont will afford an opportunity for interested persons or agencies to be heard with respect to the social, environmental, and economic aspects of the fare changes. Interested persons may submit orally or in writing evidence and recommendations with respect to the proposed fare changes. For more information concerning the proposed fare changes, persons may phone 838-0774 or write the following address: Director of Urban Transportation, City of Beaumont, P. 0. Box 3827, Beaumont, Texas 77704. City of Beaumont Myrtle Corgey City Clerk PROPOSED TRANSIT FARES TYPE- OF FARE CURRENT PROPOSED RATE RATE Fixed Route System: Adult $ .40 $ .50 E $ H .15 . 15 Young Person. (6-18) . 15 .20 Children (5 and under) .00 .00 Adult/Young Person Transfer .10 .10 E & H Transfer .00 .00 Adult Pass (month) 15.00 18.00 Young Person, E & H Pass (month) 7.00 7.00 Special Transit System (STS) : Transit Restricted or Limited Person 1.00 1.00 Accompanying Medical Attendant .00 .00 Accompanying Adult 2.00 2.00 Accompanying Young Person 1.00 1.00 Accompanying Child .00 .00 Ticket Book (10) 10.00 10.00 Pass (month) 30.00 30.00 Charters: Regular Charter Minimum 3 hours 60.00 80.00 Each Additional Hour 20.00 28.00 Contract Charter Minimum 3 hours N/A 70.00 Each Additional Hour N/A 24.00 STS Charter Rate Minimum 3 hours 60.00 60.00 Each Additional Hour 20.00 20.00 NO G R E S O L U T I O N WHEREAS, on September 20, 1983, the City Council established October 25, 1983 as the date for a public hearing on proposed transit fares; and, WHEREAS, notice of the public hearing was omitted from a public hearing notice on September 24 , 1983 ; and, WHEREAS, a public hearing must be held thirty ( 30) days prior to adoption of increased fares; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT : THAT a public hearing on increased public transit fares be held by the City Council on November 8 , 1983 at 1 : 15 p.m. in the City Council Chambers of City Hall, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - ti - r � -,y lc-,e��. _...;•.� •:_. .r�'.•qe-^'3�r.� ',wt� MJ lr. � � - ; �-�R �.r� '�.. - d. � w'�+ItyY .j' d`{_ - - -+ ...�. �'.Y�-��P � �i-. t`�{it..71RLi,' � � ter- "�W`!?:.h L-, v-n�.7�t.-.�i • > • _ •. r 1 a: -.7'� -Y-- .ua--...1 zw3ar:- s�""'-"� ��7M1"�f Wit- -- y.) 4 ti� t -� Y :. _ . ��•'�,t,,.i' �Z.� �tilit." ..�� ..:�.�y,.g r 1,�--.ir rl�.,•,.-.-q-�.�`,.i.� »f��+C.-.,.�. -3::x'•"�- - C :{'. • -.�. _ '.L^'x l.[+iM+ifF+ - �•+... '� r _ a µLs�ir'1:+��Tq`s'Ir '� _ ,,4A ►:,� �, : 2 ,:: y "'v�"" w. -Council -tetter 19 ,T _ Honorable Mayor and -" --� Members of City Council-` Subject: Settlement of Insurance Claim On August 23rd, a Water Reclamation Division 1983--pickup:.truck=was:.d-emoli$hed in a collision with a Joe's Rental Tools Company truck at College and Langham Road. The carrier of the liability policy on the tool rental company truck is Employers Insurance Company of Texas. The company has offered to settle the City's claim by paying the City $6,792 - the cost of the F100 Ford pick- up when purchased by the City new. The staff feels that the offer is fair and should be accepted. It: is recommended that the Council adopt a resolution authorizing the City Manager to execute a release and convey title to the wrecked vehicle to the insurance company. �,),k t4 Karl Nollenberger City Manager � �/ �`� � R E S O L U T I O N WHEREAS, a City of Beaumont 1983 pickup truck was demolished in an accident on August 23, 1983 with a Joe' s Rental Tool Company truck; and, WHEREAS, Employer' s Insurance Company of Texas, the liability carrier for the rental tool company has offered to settle with the City for the cost of the city vehicle in the amount of $ 6 ,792 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized and directed to execute a release and the necessary documents to convey title of the demolished city vehicle to Employer' s Insurance Company of Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 Mayor - AGENDA REGULAR SESSION OF THE CITY COUNCIL OCTOBER 4, 1983 CITY COUNCIL CHAMBERS 1:15 P.M. t * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. A resolution establishing an economically depressed area for the Purpose of tax exempt financing of commercial projects. ?. A resolution authorizing the City Manager to execute an agreement with the State Department of Highways and Public Transportation for the re- construction of Gladys Street between Dowlen Road and Major Drive. 3. A resolution authorizing the City Manager to execute an agreement with the State Department of Highways and Public Transportation for con- struction on Washington Boulevard from west of Langham Road to Inter- state 10. 4. A resolution authorizing Change Order No. 1 and authorizing final pay- ment to the contractor for Sanitary Sewer Contract 9A. 5. A resolution authorizing the City Manager to amend an agreement with Jefferson County Drainage District 6 to provide for a crossing of the Atchison, Topeka and Santa Fe Railway Company right-of-way with the Cartwright/Corley drainage channel . 6. A resolution authorizing construction of the Irving Street Box Project. 7,. A resolution authorizing the execution of a contract for engineering service for construction plans for the Highland Avenue T.I.P. Project. 8. A resolution authorizing the execution of a contract for engineering services for construction plans for the Concord Road T.I.P. Project. 9. An ordinance providing for employee contributions to the cost of de- pendent health care coverage. 10. An ordinance requiring a franchise for commercial closed container garbage services. Council Agenda October 4, 1983 Page 2 11. A resolution authorizing a Citizens Advisory Committee to recommend a memorial to Dr. Martin Luther King, Jr. 1.2. A resolution authorizing the City Manager to execute an amended agree- ment with Professional Aviation Services Company for fixed-base opera- tor activities at Beaumont Municipal Airport. 13. A resolution authorizing acquisition of property for the landfill . 14. A resolution authorizing the City Manager to execute agreements with the Chamber of Commerce, South East Texas Arts Council and the museums for activities funded by the Hotel-Motel Occupancy Tax and expressing the City's intention concerning the allocation of future Hotel-Motel Tax revenues. 15. A resolution authorizing the execution of a grounds maintenance con- tract with Mental Health Mental Retardation of Southeast Texas. 16. A resolution authorizing participation with other cities in employing Touche, Ross and Company to provide consultation and expert testimony in Public Utility Commission of Texas, Docket 5108, Application of Gulf States Utilities Company for Commission Order Concerning Dis- position of Settlement Funds. 17. A resolution authorizing the City Manager to execute an agreement with Atchison, Topeka and Santa Fe Railway Company for the construction of a bridge over the Corley/Cartwright drainage channel . * Public hearing - Dilapidated structures. 1B. An ordinance declaring certain dilapidated structures to be public nuisances and requiring their repair or removal . Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. September.2.9, 1983 Council Letter 21 Honorable Mayor and Members of City Council Subject: Resolution Designating the City as an Economically Depressed Area As the Council well knows, this issue carries with it a great deal of feeling with respect'to the possible negative perception of declaring an area to be "economically depressed". From my perspective, the overriding consideration is that this designation allows the use of tax-free bonds for specific pro- jects approved in all instances by the Council . This additional tool could we'll be the lever necessary to acquire development prospects in this area. I recommend that the resolution be approved. Karl Nollenberger City Manager NO R E S O L U T I O N WHEREAS, by resolution of the City Council ( the "Governing Body" ) , the City of Beaumont, Texas ( the "City" ) , authorized and approved the creation of the Beaumont Industrial Development Corporation ( the "Corporation" ) as a nonprofit industrial development corporation under the provisions of the Development Corporation Act of 1979, Article 5190.6 , Vernon' s Annotated Texas Civil Statutes, as amended ( the "Act" ) ; and, WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the City for the purpose of paying all or a part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and, WHEREAS, the definition of "project" in the Act includes the land, buildings , equipment, facilities and improvements ( one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, or for use by commercial enterprises, all as defined in the rules of the Texas Economic Development Commission ( the "Commission" ) , irrespective of whether in existence or required to be acquired or constructed thereafter, if such project is located in economically depressed areas; and , WHEREAS, as used in the Act, the term "economically depressed areas" means those areas and areas immediately adjacent thereto within a City which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer frcm a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon' s Texas Civil Statutes) , or any combination of the foregoing, the City finds and determines, after a hearing , substantially impair or arrest the sound growth of the City, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and, WHEREAS, Section 107 .1 (b) (9 ) of the rules ( the "Rules" ) of the Commission for industrial projects sets out special rules for approval of commercial projects in blighted or economically depressed areas; and, WHEREAS, the governing body of the City desires to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules establishing an economically depressed area; and, WHEREAS, the act requires that notice of a hearing at which a City considers establishment of an economically depressed or blighted area shall be posted at the City Hall prior to such hearing; and, WHEREAS, on September 6 , 1983, the Governing Body of the unit adopted that certain Resolution calling a public hearing to consider designation of an area as an economically depressed area; and, 2 - WHEREAS, pursuant to such resolution, notice of a public hearing was provided to the Commission and notice of such public hearing was published once a week for two consecutive weeks in a newspaper of general circulation in the City and notice of the public hearing was posted at the City Hall; and, WHEREAS, the notice provided to the Commission and as published and posted included both a description of the area or areas proposed by the City to be designated as economically depressed areas and the date, time and location of the public hearing concerning such designation; and, WHEREAS, a public hearing was held at the City Hall on September 27 , 1983, pursuant to the Act and Chapter 107 of the Rules of the Commission, for the purposes of establishing one or more economically depressed areas; and, WHEREAS, the Governing Body of the City has concluded to request the Commission to approve projects for commercial uses and therefore desires to adopt this resolution in compliance with the requirements of the Act and the Rules; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 . That the Governing Body hereby finds , determines and declares that the area outlined in red on the map attached as Exhibit "A" to this Resolution shall be declared to be an economically depressed a.rea because such area suffers from a high relative rate of unemployment substantially impairing or arresting 3 the sound growth of the City and constitutes an economic or social liability and is a menace to the public health, safety or welfare in its present condition and use. Section 2 . That the overall objectives of the City for redevelopment and recovery of the economically depressed area are as follows: A. To promote the present and prospective health, safety, rights to gainful employment and general welfare of the people of the City and the State of Texas. B. To promote the continued existence, development and expansion of commerce and industry essential to the economic growth of the City and the full employment, welfare and prosperity of its citizens. C . To encourage the economic growth and stability of the City by increasing and stabilizing employment opportunities, significantly increasing and stabilizing the property tax base and promoting commerce within the City and the State of Texas. D. To encourage employment of the inhabitants of the economically depressed area by encouraging employers to locate projects which will employ such persons in or adjacent to the economically depressed area. E . To promote convention and tourism related employment opportunities. F . To capitalize upon Beaumont' s position as a regional center of commerce, government, education, and finance. 4 - G. To protect the taxpayers' investment in community facilities and infra-structure ( streets, utilities, etc. ) in the City. H. To encourage new retail and service operations to meet the needs of the "daytime population" of downtown office workers. Section 3 . The Governing Body hereby f inds , determines, declares and represents to the Commission that the availability of financing of projects to be located within or adjacent to the economically depressed area for commercial uses under the Act will contribute significantly to the alleviation of the blighted conditions found to exist in the economically depressed area. Section 4 . The Governing Body of the City , in order to enhance its development efforts, desires and authorizes all commercial projects that are an integral part of the local economy , including but not limited to: hotels, restaurants, regional or national corporate headquarters, professional offices, retail and service establishments, wholesale trade and distribution, printing , automobile sales, department stores, banks and savings and loans, and other types of projects that support the City' s revitalization objectives. The commercial project must contribute to the economic growth or stability of the Unit by ( a) increasing or stabilizing employment opportunities; ( b) increasing or stabilizing the property tax base; or ( c ) promoting commerce within the City and the State. 5 - Section 5 . Based upon the City' s best estimates as of the date of this Resolution, a description of the proposed public improvements, if any , to be made in the economically depressed area, including the estimated commencement date, approximate schedule and sources of funds to be used by the City for such public improvements, are as set forth in Exhibit "B" to this Resolution. Section 6 . The Governing Body of the City will not approve any projects for commercial uses in or adjacent to the economically depressed area unless the applicant desiring approval of such project demonstrates to the satisfaction of the Governing Body that: A. The project conforms with the limitations, i f any provided in Section 4 of this Resolution. B . The project will significantly contribute to the fulfillment of the overall redevelopment objectives of the City . C . The project conforms to the project approval standards of the Rules and this Resolution by increasing or stabilizing employment opportunities, significantly increasing or stabilizing the roperty tax base and promoting commerce within the City and the State; and, D. The project is in furtherance of the public purposes of the Act. 6 - Section 7 . The Governing Body of the City hereby covenants and represents that it will review all project descriptions for approval of specific projects for commercial uses in order to determine whether such projects are consistent with the City' s objectives for redevelopment of the economically depressed area. Section 8 . The City Attorney is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission as required by the Rules. Unless the City shall be notified by the Commission to the contrary in writing within thirty ( 30) days from the date of receipt of such certified copy of this Resolution, the economically depressed area shall be deemed accepted by the Commission, and the City and the Corporation may thereafter approve projects for commercial uses in and adjacent to the economically depressed area in compliance with the Act, the Rules and this Resolution. Section 9 . This Resolution is adopted for the purposes of satisfying the conditions and requirements of the Act and the Rules, and for the benefit of the Corporation, the Unit, the Commission, the residents of the City and all other interested persons. Section 10 . The Governing Body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour and - 7 - place of this meeting and of the subject of this Resolution was posted on the bulletin board at a place convenient to the public in the City Hall of the Unit for at least seventy-two (72) hours preceding the scheduled time of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was opened to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17 , Vernon' s Annotated Texas Civil Statutes, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 1 A T RD ' ; FoLsw J FAIR PARK / r T ar i Y pry LAUREL t �A M IMPORT AORT LL !O� COLL[R COMER VOAD —A-myom .f AL s IK s.LU[r T ♦4 n Ri LL \41% PARK BEAUMONT.TEXAS L.51 t:?iHIBIT "A" PROPOSED PUBLIC IMPROMEMENTS IN "ELIGIBLE BLIGHTED AREA" UPPER/LOWER PROJECT START/FINISH DATE FUNDING SOURCE COST Neighborhood Park Improvements: Weiss, 12-83/5-84 Urban Parks (UPARR) grant $200,000 Cottonwood, and McLean Parks Tyrrell Park Recreation Building Rehabilitation 1 -84/9-84 Urban Parks (UPARR) grant 142,500 Water Treatment Plant Improvements (in progress) Revenue Bonds 6,000,000 3-84 Sanitary Sewer and Sewage Treatment Plant Improvements (in progress) EPA grant and local funds 43,000,000 New Sanitary Landfill 11 -83/1 -84 General Fund 1 ,000,000 Irving Street Drainage Outfall 10-83/4-84 Community Development 781 ,000 Block Grant (CDBG) Pope - Prince Street Drainage Project 11 -83/4-84 CDBG 152,000 Drainage Bond Issue Projects - (high priority 1984-1989 Bond Issue 16,000,000 drainage improvements throughout city) Transportation Improvement Program (in progress/ Bond Issue 28,500,000 (high priority thoroughfare 1986) improvements throughout city) All costs and start/finish dates are estimates as of 9/22/83 Sources: City of Beaumont Planning, Urban Transportation, and Water iitilitiAc nonartmon+c EXHIBIT "B" 2. September.30, 1983" '- - - - .a� � ►.9t�T'?r �-�c . � ray - t i .� � r . .. .i..t.J .:� � a 1 e;. ..? Y ti.''. � J '• �� w .,? � 9••r w J` •� 1 � �,.'.;. •T :-. _ f• ` ..Y' �• • ..J `r ,j.� ..•,"1� �'�X t��!�MA.VSi/.�+ .~► IIY ti^.j- A f'•' �. ' Council letter "Z• . ` •.�.- �S��r.']�ti'„� 'b�- 1i+•��x•'��K-..yti.•.�r-S:i�iL�"J•= ''�.+f'=f •?�..r►.+r+►iSi� .T:�.i;.hCi .�:..s;%'!✓o"Mra 3': y�'t''-. r.�;.y 3✓1:1141 r?'t`J-.♦ � x -•�+i J Ai:� - __ ya •"►e rT.51��T'`Y � �.-. _ 'fit ,�` ...♦ . Honorabl a Mayor Members of City Council - Subject: Gladys Street Urban System Project On March 28, 1983, the State Department of-Highways and Public Transportation requested that the City recommend projects to be considered for the 1983-86 Federal-Aid Urban System Program. The projects selected were to provide the greatest benefit to the traveling public with high priorities assigned to those projects that could be advanced to contract in a minimum time. The City Council responded to this request by passing Resolution 83-153 on April 26, 1983. The Resolution recommended that portions of Gladys Street and Washington Boulevard be included in the 1983-86 Federal-Aid Urban Systems Program. This information was relayed to the State Department of Highways and Public Transportation by. the Urban Transportation Department on May 11, 1983. . . It was recommended at that time that Gladys Street be constructed forty-four feet wide on the existing right-of-way between Dowlen Road and Major Drive. The State Department of Highways and Public Transportation Commission on Augsut 25, 1983, passed Minute Order No. 81169, Item No. 00159, providing for the reconstruction of Gladys Street on the condition that the City will : - Provide for the adjustment of utilities as may be required. - Provide for the construction of continuous curb and gutter, where none now exist, storm sewers, driveways and sidewalks, all as may be required and all in accordance with governing policies and regulations of the Department. - Maintain all of the work constructed as part of the project and agree to regulate traffic and prevent encroachment on the right-of-way, all in accordance with governing policies and regulation of the Department. Included in the capital improvements budget submitted for 1984, the amount of $950,000 is included to finance the above-listed obligations. It is recommended that Highway Commission Minute Order No. 81169, Item No. 00159 be accepted and an agreement for reconstruction of Gladys Street be executed. Karl Nollenberger City Manager RTIFA NO � .2 R E S O L U T I O N WHEREAS, on March 28, 1983, the State Department of Highways and Public Transportation requested that the City recommend projects to be considered for the 1983-1986 Federal-Aid Urban System Program; and, WHEREAS, on April 26, 1983 the City Council, by Resolution 83-153, recommended that portions of Gladys Street and Washington Boulevard be included in the 1983-1986 Federal-Aid Urban System Program; and, WHEREAS, on August 25, 1983, the State Department of Highways and Public Transportation adopted Minute Order No. 81169 Item 00159 providing for the reconstruction of Gladys Street with the ent of utilities, conditions that the City provide for the adjustment Y P J provide for the construction of continuous curb and gutter, storm sewers, driveways and sidewalks, and maintain all of the work constructed as part of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT State Department of Highways and Public Transportation Commission Minute Order No. 81169 Item 00159 providing for the reconstruction of Gladys Street be, and the same is hereby , accepted. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby , authorized to execute an agreement with the State Department of Highways and Public transportation for the reconstruction of Gladys Street between Dowlen Road and Major Drive in an amount estimated to be $1 ,386,000.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 2 - .. "September"30, _1983 - • ' :_ .. ..r.... . - . .. ^! ) :♦ �J' 1'+'''��*.jf�.L3- .7 c. .� �'�.i.i'J..y -r ' -c -•T r - ..•♦ - �.�..1. -z i �•- f •.r.�.�,�,� ' -a .j - Council Letter.- 1 t � �> T4:�x��[�S��Id ��:�L• t.t.c.._yrijYsar.��y; L,._�•_ �t i /� K Honorable Mayor ands Members of City Council Subject: Washington Boulevard Urban System Project On March 28, 1983, the State Department.of Highways and Public Transportation requested that the City recommend projects to be considered for the 1983-86 Federal-Aid Urban Systems Program. The projects selected were to provide the greatest benefit to the traveling public with high priorities assigned to those projects that would be advanced to contract in a minimum time. The City Council responded to this request by passing Resolution 83-153 on AlDril 25, 1983. The Resolution recommended that portions of Gladys Street and Washington Boulevard be included in the 1983-86 Federal-Aid Urban Systems Program. This information was relayed to the State by the Urban Transportation Department on May 11, 1983. It was recommended at that time that Washington Boulevard be completed to its ultimate section from Interstate Highway 10 to west of Langham Road. The State Department of Highways and Public Transportation Commission on ALrgust 25, 1983, passed Minute Order No: 81169, Item No. 00160, providing for construction on Washington Boulevard on the condition that the City will : - Provide for the adjustment of utilities as may be required. - Provide for the construction of continuous curb and gutter where none now exist, storm sewers, driveways and sidewalks, all as may be required and all in accordance with governing policies and regulations of the Department. - Maintain all of the work constructed as part of the project and agree to regulate traffic and prevent encroachment on the right-of-way, all in accordance with governing policie.- and regulations of the Department. lrcluded in the capital improvements budget submitted for 1984, the amount of $'50,000 is itemized to finance the above-listed obligations. It is recomended that Highway Commission Minute Order No. 81169, Item No., 00160, be accepted and an agreement for construction of Washington Boule- vard be executed. Karl Nollenberger City Manager NQ, R E S O L U T I O N WHEREAS, on March 28 , 1983, the State Department of Highways and Public Transportation requested that the City recommend projects to be considered for the 1983-1986 Federal-Aid Urban System Program; and, WHEREAS, on April 26, 1983 the City Council, by Resolution 83-153, recommended that portions of Gladys Street and Washington Boulevard be included in the 1983-1986 Federal-Aid Urban System Program; and, WHEREAS, on August 25, 1983, the State Department of Highways and Public Transportation adopted Minute Order No. 81169 Item 00159 providing for the reconstruction of Washington Boulevard with the conditions that the City provide for the adjustment of utilities, provide for the construction of continuous curb and gutter, storm sewers, driveways and sidewalks, and maintain all of the work constructed as part of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT State Department of Highways and Public Transportation Commission Minute Order No . 81169 Item 00159 providing for the reconstruction of Washington Boulevard be, and the same is hereby , accepted. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby , authorized to execute an agreement with the State Department of Highways and Public transportation for the reconstruction of Washington Boulevard from west of Langham Road to Interstate Highway 10 in an amount estimated to be $1 ,246,600.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - - 2 - 4. September. 29, 1983 4 '�-�y::C L:7S•.-r1"lYlr� ..,.'i+•.,;,',..•,•4 i R {Y'"r. *, - '••mow..-6e__iJ. .i t ,s�+rs++sS•iyS"vrY'w+-•1 YF iv. w s-r ff„,..,,,✓ '♦ v .LSi oea�s ,.I. .i•• �.. �� +Sr��s�i.J. 3r �' [1a [J i r � `. ..+a• Qiftz is.7�sjsA f[ . � 4,t.a c �i � 1- 2'-�- � Counc�] -Letter .15,L. 5 ti_ TEL . ', it ' ` ,��' :-< -� -��'-�'t .t� �a''• '^;-:i ��_. •.r-.-�5� a 11.•.s:►�:.+.•. -�_,•i: r K: � .. �.^as�u}'V sY• uQ s-c_1!•�i`3'.re�i- c _, i Y 3..yy�•• yi�'t+Y'.Y]tr1C►aM.M•R St - _ i i .�r - 'S"f _ttN ��'+; h .. t�,�.pG - + •- . r - Honorable Mayor -and Members of Ci ty Council Subject: Change Order No. -1 and Final Payment for Sanitary Sewer Contract- 9A Sanitary Sewer Improvements Contract 9A Stonetown-Best and Bennett Force Main - has been completed in accordance with plans and specifications -under a 75% grant from the U.S. Environmental Protection Agency. This project consisted of installing 13,315 feet of 12" PVC force main from the renovated Stonetown-Best Lift Station to the end of an existing 36" gravity sewer located near the intersection of Major Drive and the LNVA Canal , and the installation of 3,085 feet of 10" PVC force main and 1,130 feet of 15" gravity sewer from the renovated Bennett Street Lift Station as shown on the attached map. Installation of these force mains was necessitated to allow for the increased capacity of the two renovated lift stations and to provide better flow balance in the sanitary sewer system. Benefits derived from these projects will allow for future development within the two service areas (see attached map) and provide more adequate capacity for handling storm water flows that infiltrate the sanitary sewer system during rainfalls. Change Order No. 1 is to adjust Contract 9A to reflect actual quantities of pipe and fittings installed, extra items of necessary work, adjust contract completion date and is the basis for final payment of the contract. The change order also -corrects the contract completion date to account for rain days. The total net increase for the project is $211.98 over the original contract amount: Original Contract Amount $331,539.33 Revised Contract Amount 331,751.31 Total Non-Federal Participation 33,835.76 City's Share of Federal Participation 74 478.88 Total City's Share for Project $10A,314.64 Total Federal Share $223,436.67 - ��•r- ��!��+ 'rr�x�e �� •��,�,�i� J.rr%aG.c�.r"49,;91�f•;#��ri':•F-_""'�:"`, l�. 'r ,•,, .- 'S� - -._ �. � ��3µs�.T.•:�-�a11 4`"�nS-: 'i'�3+ "- L _ Y••i� ,y _ �% .:.r -^ i -•- ��-: - t �'✓ s s+�+L r-. "� ` ., ,.,.,, , �.,ry�e 3 •' r sv t-.> rF 't sy,r-u ILI, :• �. .fir.; + . ✓ CS�C tt�^Ot ?.r ; r _ -rCounci]-.Letter- 15�~ y , ' '�,. ,r;�; r�� t P r,', ',1983 -..Se tie r Fti- 7 Y _�•y�;,�•.�t�� _ ri�� . ��`' r. 1'�' :;:iYf�•±-�eF��y;"_:ny• �,�C�:" T '1.=.fit... `� _•3'�' It:,is-..recommended :hat-- '*.ge Order.No' in-the 'amount-of $211.98, an, -flon of .93 -days`to':tfie contract;,and-final.-payment to M CulJough Contracting Company:in Ahe'amount'of:$20;794.96.be approved' - --- Karl Nollenberger ! = }� __ _ City Manager ,. STONETOWN—BEST a BENNETT FORCE MAIN CONTRACT 9A I �'"y' •`; ` ' '' REMODELED STONETOWN - �:.:' �. � �;•:. BEST LIFT STATION ;.: — �* s'• ° PROJECT 8A — COMPLETE STONETOWN F. M q REMODELED BENNETT LIFT STATION v. �1+ s �� '°� I �'�i�e `"' "�•• PROJECT 8 D —UNDER CON ST. Z77 STONE:TOWN— 8ES ,=b �� SERVICE AREA BENNETT F.M. �;� CA � Ii may, - �— ��"� f •,...a. -».., "* I . 177!.` BENNETT t j SERVICE AREA ��JJrrr?- . _•-a•I g i r-�' � t 4 E ' NO R E S O L U T I O N WHEREAS, on September 21, 1982 the City of Beaumont awarded a contract for Grant #C-481254-04 - Contract 9A - Stonetown - Best & Bennett Force Mains to McCullough Associates, Inc. in the amount of $331, 359.33; and, WHEREAS, Change Order No. 1 is being proposed in the amount of $211 .98 to adjust the contract to reflect actual quantities of pipe and fittings installed, extra items of necessary work and completion date of contract; and, WHEREAS, the project has been completed in accordance with the plans and specifications; 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 . 1 to the contract between the City of Beaumont and McCullough Associates, Inc. in the amount of $211 .98 increasing the amount of the contract to $331,7551 .31 ; and, BE IT FURTHER RESOLVED that the completion of Contract 9A - Stonetown - Best & Bennett Force Mains is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to make final payment to McCullough Associates, Inc. in the amount of $20 ,794 .96 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 5. September'. 28, 1.983 - - • = May` 7 'r '. ':'J' � ��4 y ..a.: .r :f ' *,� b _ � .�:- -. . _ _, .. .Counci 11 Letter 4 Honorable Mayor and Members of City Council Subject: . Cartwright/Corley Drainage Relief Project The original agreement between the City and Jefferson County Drainage District No. 6 did not include the crossing of the Santa Fe Railway Company right-of-way at Terrell Street. At that time, there was no agreement on the type or cost of this crossing. Now that the` City, Santa Fe and DD6 have reached an agree- ment, it is necessary to expand our financial agreement with DD6 to include the crossing. The estimated total cost of the railway crossing is $218,300. This includes the trestle bridge to be constructed by the railway company at a not-to-exceed cost of $168,300. It also includes channel work to be accomplished by execut- ing a change order utilizing existing contract prices with the channel contrac- tor. Estimated cost of the channel work including a concrete liner is $50,000. This work will be contracted by DD6. DD6 and City staff have concurred to amend the original financial agreement to share in the cost of the railway bridge and channel construction on a 50-50 basis by amending this agreement. The total cost to the City for its share of the railroad bridge and drainage channel should not exceed $109,150. This agreement provides for DD6 to pay the City $59,150 with adjustments based on actual construction cost. This amount is determined as follows: Payment by Construction Total Cost DD6 City Bridge $168,300 $84,150 Channel 50,000 $25,000 Net -$59,150 It is recommended that this agreement be approved. Karl Nollenberger City Manager SECRETARY'S CONTRACT NO. 000 THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY and CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS AGREEMENT Relating to the construction, operation and maintenance of a new Santa Fe Silsbee District Bridge No. 74.8 to provide an opening for the City of Beaumont's drainage channel at Railway Mile Post 74 + 4002 feet and covering right of way for construction, operation and maintenance of said channel. DATED: EXHIBIT "r " AGREEMENT, Made this day of 19 , between THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Delaware corporation (hereinafter called "Santa Fe"), as First Party; and CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, acting herein by its Mayor, hereunto duly authorized (hereinafter called "City"), as Second Party. WITNESSETH: RECITALS• Whereas, City has undertaken the development of the Cartwright-Corley drainage project which will necessitate constructing, operating and maintaining a drainage channel, in the vicinity of Santa Fe's Southern Division, Silsbee District Mile Post 74 + 4002 ft. , which will carry drainage propagated by diversion and subdivision improvements upstream from Santa Fe's track (hereinafter called "Project"). WHEREAS, Santa Fe operates and maintains a railroad which, as now situated, will be crossed by the Project which will necessitate the construction, operation and maintenance of a new Santa Fe Bridge No. 74.8. WHEREAS, Santa Fe is willing to undertake the construction of a new bridoe and other work incidental thereto and inasmuch as City will benefit therefrom, cost of such work shall be borne by City as hereinafter provided. WHEREAS, Santa Fe is agreeable to City or its Contractor constructing, operating and maintaining City's said Project upon the terms and conditions hereinafter stated. AGREEMENT ARTICLE I 1. Santa Fe, for and in consideration of the sum of One and No/10Oths Dollars ($1.00) cash to it paid by City, the receipt whereof is hereby acknowledged, and of the full and faithful performance by City of its covenants hereinafter set forth, hereby licenses City to use a certain portion of Santa Fe's property situated in Jefferson County, Texas, for the purpose of constructing, operating and maintaining Project, the property, license to use which is hereby given, being shown in red on print AGM�E, Amarillo X-7342, dated May 27, 1983, hereto attached, marked Exhibit "A", and made a part hereof. 2. Santa Fe shall construct and maintain at City's expense the new bridge which will consist of a 5 span, 62 foot, T-rail bridge on encased steel shell piles according to Santa Fe's normal standards, complete in place at location indicated on attached Exhibit "A". Santa Fe shall perform at City's expense all structural engineering and design services for the bridge and if necessary shall procure construction contractors which at Santa Fe's sole discretion shall be deemed most advantageous for Santa Fe's purposes to perform portions of the work. 3. Santa Fe shall perform at City's expense all track and miscellaneous work which becomes necessary as a direct consequence of the Project including placing Bridge No. 74.8 and the relocation of the track known as 11th Street team track. 4. Santa Fe will excavate at City's expense the amount required to construct said bridge. 5. Santa Fe shall hereafter maintain said Bridge 74.E at City's entire expense. 6. Santa Fe shall, after completion of the work herein contemplated, perform normal maintenance on the railway track or tracks (the part resting on the Bridge, consisting of the ballast, ties, rail, fastenings and all appurtenant parts) . ARTICLE II In consideration of the aforesaid license, City covenants and 2 - agrees to and with Santa Fe as follows: 1. City will use the licensed premises exclusively as a site for said drainage Project. 2. City will not let or sublet the whole or any part of the licensed premises for any purpose whatsoever, or assign this license without the written consent of Santa Fe in each instance. 3. That in case of eviction of City by anyone owning or claiming title to the whole or any part of the licensed premises, Santa Fe shall not be liable to City for any damage of any nature whatsoever. 4. City will prepare plans and specifications for the construction of said Project except as provided in Article I, Section 2, which three (3) copies of plans and specifications shall be submitted to Santa Fe for approval before any contract for construction is awarded or work done on said Project. No changes in these plans and specifications are to be made without the written approval of such changes by Santa Fe. 5. City will, at no expense to Santa Fe, ano subject to the supervision and control of Santa Fe, locate, construct and maintain the Project in such a manner that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed and property of Santa Fe, or the safe operation of its railroad. City shad construct and maintain the Project in such a manner as not to permit damage to Santa Fe's property or adjoining property. In the event of a breach of this covenant at any time, City will, within ten (10) days after receipt of a written notice from Santa Fe thereof, do whatever may be necessary to fulfill its obligations under this section and, failing so to do within said time, Santa Fe may do so at City's expense, bill for which City will Promptly pay. 6. City assumes the entire responsibility for the construction, operation and maintenance of the Project upon, under or across Santa Fe's right of way, other than the responsibility for maintenance assumed by Santa Fe in Article I, Paragraph 6 hereof, and nothing contained herein shall ever be construed so as to place upon Santa Fe any manner of liability for the diversion of water from its natural course, or for injury to or death of any person, or for damage to or loss of property, arising from the construction, operation and maintenance of the Project. 7. That if the maintenance and use of said Project upon said premises shall necessitate the moving or relocation of any portion of Santa Fe's right-of-way fence, or fences, pole lines, or adjustments to the track or any other railroad facilities, the cost of such moving, relocation and adjustments shall be borne by City. 8. That it will do no work on Santa Fe's property without first contacting Santa Fe's Superintendent at Temple, Texas, and securing his approval of such work. 9. That if contract or contracts are to be let by City for the construction of the work to be undertaken by it hereunder, said contract or contracts shall provide: A. Standard Manufacturer's and Contractors' Liability Insurance. The Contractor shall furnish evidence to the Santa Fe that, with respect to the operations he performs, he carries regular Contractors' Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to/or death of one or more persons in any one occurrence, and Property Damage Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars - 4 - ($500,000.00) for all damages arising out of injury to/or destruction of property in any one occurrence and subject to that limit per occurrence, a total (or aggregate) limit of One Million Dollars ($1,000,000.00) for all damages arising out of injury to/or destruction of property during the policy period. If any part of the work is sublet similar insurance shall be provided by or in behalf of the subcontractors to cover their operations. B. Contractors' Protective Liability Insurance. The Contractor shall furnish evidence to the Santa Fe that, with respect to the operations performed for him by subcontractors, he carries in his own behalf regular Contractors' Protective Liability Insurance providing for a limit of not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to/or death of one or more persons in any one occurrence, and Protective Property Damage Liability Insurance providing for a limit of not less than Five Hundred Thousand Dollars ($500,000.00) for all damages arising out of injury to/or destruction of property in any one occurrence and subject to that limit per occurence, a total (or aggregate) limit of One Million Dollars ($1,000,000.00) for all damages arising out of injury to/or destruction of property during the policy period. C. Railroads' Protective Liability and Property Damage and Physical Damage to Property Insurance. The Contractor shall furnish an original policy to the Santa Fe for and in behalf of the company which, with respect to the operations he or any of his subcontractors perform, provides the Standard Railroad Protective Liability Policy, with coverage as outlined in General Casualty Bulletins No. 258, dated July 9, 1958, No. 345, dated February 19, 1965, and No. 365, dated August 4, 1967, issued by the State Board of Insurance of Texas, providing for Bodily Injury, Death and Property Damage limited to a combined amount of Two Million Dollars ($2,000,000.00) per occurrence, and subject to a total (or aggregate) limit of Six Million Dollars ($6,000,000.00). D. General. The insurance, as specified in paragraphs A. and B. above, shall be carried until all work required to be performed under the terms of the contract is satisfactorily completed as evidence by the formal acceptance by the Santa Fe. The insurance, as specified in paragraph C. above, shall be carried until all work to be performed on the Santa Fe's right-of-way has been completed. 10. That no legal right of Santa Fe to maintain, use and relocate any railroad facilities now located upon the licensed premises, or to - 5 - construct, maintain, use and relocate such track, or tracks, or other railroad facilities as it may desire upon or across the licensed premises shall be in anywise affected by the giving of this license. 11. That if, at any time during the term hereof, Santa Fe shall desire to make any use of the licensed property with which the Project will in any way interfere, including the relocation of existing or the construction of new tracks, pole lines, wires, conduits, etc. , in which it shall have an interest, City shall at no expense to Santa Fe, make such changes in the Project as in the judgment of the Santa Fe may be necessary to avoid interference with the proposed use of its property, however, the use of the property by Santa Fe will not be allowed to affect or restrict the drainage structure contemplated by this agreement. 12. City will release and vacate the licensed premises occupied by any or all of said Project, remove the drainage channel from the licensed premises and otherwise fully restore the premises to the condition in which they existed prior to the beginning of the work herein covered, immediately after the need for such Project ceases to exist. 13. That Santa Fe does not assume any liability for injury to or damage to any person or property incident to or that may arise during and in connection with: A. The use, occupancy or enjoyment, in accordance with agreement by the City of the lands, premises and right of way of Santa Fe; or B. The placement of said Project, the construction of, performance of, maintenance of or failure to properly and safely construct, operate, maintain, repair and use the Project at the aforesaid location. The City agrees to use, occupy and enjoy the license herein given and to use, improve and maintain the Project with all reasonable diligence and precaution to avoid damage to or obstruction of or interference with the operations of the railroad. - 6 - 14. The City shall assume and will save and hold harmless the Santa Fe from and against an and all liability to all persons whomsoever � 9 Y Y P by reason of any injury to or death of persons or damage to property which may directly result from or which is incident to the construction, maintenance, use, operation or existence of said Project on the Santa Fe's premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided. It is further agreed that if any claim or liability shall arise from the joint or concurring negligence of the parties hereto, other than that assumed wholly by the City, it shall be borne by them equally. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but this agreement shall be for the benefit of the parties hereto. For the purposes of this Section 14 said Project shall be construed to include Santa Fe's bridge, unless damage to such bridge is caused by negligence of City. 15. That if it is determined necessary by Santa Fe, during the construction or maintenance of said Project, to provide flagmen and inspectors to insure the safety of railroad operations, the cost of providing such flagmen and inspectors will be borne by City. 16. That this license is made subject to all valid, existing and future contracts, agreements, licenses and easements which may affect said licensed property, covering roads, public and private; pole lines and appurtenances; water lines, or other facilities. 17. That all of the covenants hereof shall inure to the benefit of the successors and assigns of Santa Fe, to the same extent as to Santa Fe. - 7 - ARTICLE III In consideration of the aforesaid license the parties mutually agree as follows: 1. Santa Fe will, upon execution of this agreement, furnish all necessary materials and perform the work covered under Sections 2, 3 and 4 of Article I. 2. City or its contractors shall do the major excavation and all channel improvements across Santa Fe's right of way and under Santa Fe's bridge at no expense to Santa Fe. 3. City shall not levy any assessment against Santa Fe for the improvements to the drainage system contemplated herein. 4. City will pay Santa Fe in advance the sum of $153,000.00, which is the estimated cost for the referenced railroad bridge and associated track and signal work. If the actual cost to construct the bridge and make associated track changes is less than estimated, Santa Fe will refund excess to City promptly upon closeout of project. If the actual cost to construct the bridge and make associated track changes is more than estimated, City will pay the difference upon demand by Santa Fe, but such overage shall not exceed ten (10%) per cent of the estimated cost in any event. 5. All of the covenants and agreements herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, respectively. ARTICLE IV The parties mutually agree that this license, subject to the provision of Section 12 of Article II, shall be effective from its date, - 8 - and thereafter so long as said Project shall be located upon the licensed premises and be maintained in accordance with the provisions of Section 5 of Article II hereof. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day and year first above stated. THE ATCHISON, TOPEKA AND AND ATTEST: SANTA FE RAILWAY COMPANY, By Its Executive Vice President Assistant Secretary for Railway Company CITY OF BEAUMONT, By Its City Manager 0816E/JG - 9 - STATE OF ILLINOIS ) COUNTY OF COOK ) Before me, a Notary Public in and for said County and State, on this day personally appeared President of The Atchison, Topeka and Santa Fe Railway Company, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration and in the capacity therein expressed, and as the act and deed of said Railway Company. Given under my hand and seal of office this day of , 19 Notary Public within and for the County of Cook, State of Illinois My commission expires: THE STATE OF TEXAS ) COUNTY OF JEFFERSON ) BEFORE me, , a Notary Public in and for said State and County, on this day personally appeared , City Manager of the City of Beaumont, Jefferson County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration and in the capacity therein expressed, and as the act and deed of the City of Beaumont, Texas. GIVEN under my hand and seal of office this the day of 9 Notary Public within and for the County of Jefferson, State of Texas - 10 - fi R E S O L U T I O N --000-- BE IT KNOWN that on this day of , 19 , at a regular meeting of the governing body of the City of , there came on to be considered the matter of execution of a license between the said City of , and The Atchison, Topeka and Santa Fe Railway Company, relating to , at or near said City of whereupon the following proceedings were had: It was moved, seconded and unanimously voted that , City Manager, be authorized and empowered to execute on behalf of the City of , such license, copy of which is hereto attached, and the same be recorded in the Minutes of the City Commission at the foot of this resolution. STATE OF § COUNTY OF § I, , City Secretary, do hereby certify that the above and foregoing is a true and correct copy of a resolution passed by the City Commission of said City in regular session on , 19 , as the same appears of record in Book , Page , Minutes of said City Commission. IN TESTIMONY WHEREOF, witness my hand and the Seal of said City, this day of 19 City Secretary (SEAL) - 11 - N0. R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to amend an agreement with Jefferson County Drainage District No. 6 , in the form attached hereto as Exhibit "A" , to provide for a crossing of the Atchison, Topeka and Santa Fe Railway Company right-of-way with the Cartwright/Corley Drainage Channel. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - t;eptember 29, 1983 _Y t s ^st=;.r } .n> ..s. -,- �„�q '1 e.+ 4• . .� 't!i..ti•F-r.,+,;. • - „d�t�rt� ��yJy..� . ,.,�w•"y� ,yam Isf• y� ,�lY" J, � f. ..... 14� �—s _ fi«y � �� ,.�•,.. �.- zr Counci lr Letter w a.7 .x.zs. »u ar'�+- . :Ar Y v r Y R i yam►-•; - .epw `�' ''� l4- . w- �'}1w.b b"g►., ti4, ! a .. `v3'+Y.ywji � 'cc.£ ' .y ssLC "ry.r� . •�� _ .r1 t .r�� ;.ti -ii'+..i"�w h.� 3C'T -nyY '� ;-ty �-, ar~J/'" r•'.r<-• s -J. �'b • ?'C - t,. ♦r u Honorable Mayor and Members of City Council Subject: Crossing of Santa Fe Railroad with Corley/Cartwright Drainage Channel ' Construction of the Corley/Cartwright Drainage Project is a joint venture-by - the City of Beaumont and Jefferson County Drainage District 6. The City finances the street crossings at a cost of $735,890. In order to complete the project, a drainage channel crossing the Santa Fe Railway Company right-of- way at Terrell Street is necessary. This crossing was indicated in the initial construction plans for the Corley/Cartwright Drainage Project. During the proposed construction phase of the project, various means of ef- fecting the railway crossing have been explored. They include tunneling, open cut box culverts and a trestle type bridge. Of the three, the trestle bridge is the most economical and is acceptable to the Santa Fe Railway Company. Estimated cost of the bridge is $153,000. Terms of the agreement provide that the funds be placed in escrow. If the actual cost of the bridge is less thatn $153,000, it will be refunded. If the actual cost exceeds $153,000, the difference will be paid on demand by Santa Fe, but such overage shall not exceed ten percent of the estimated cost ($168,300). Drainage District 6 has agreed to participate in the cost of the bridge on a 50-50 basis. ' Working of the agreement pertaining to the maintenance and construction of the bridge is very similar to the agreement between the City and Santa Fe for the pedestrian underpass to Riverfront Park. Acceptance of the agreement is recommended. Karl Nollenberger City Manager No R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute an agreement with the Atchison, Topeka and Santa Fe Railway Company for the construction of a bridge over the Corley-Cartwright Drainage Channel at a cost to the City not to exceed $168 ,300.00 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 6. 'September. 29, 1983 •. .. _ „� '.i.�.:j- .. :_ f l� vY r'.Jy� .-tr�'� .. _rte', - ' -. K ✓?r.. .;wr .. - -shs,.i�l4S.y - +.v.'+.- .a= - .. �.° " ^'' - council -Letter 12 Honorable Mayor and Members of City Council Subject: Irving Street Box The refinery box is a major storm sewer constructed by the County in 1919 to handle the drainage for the area around the Mobil Refinery and. the Irving Street Underpass. Since being-built, the area was developed into a residential neighborhood with homes erected directly on top of the structure. The addi- tional load imposed by these homes, combined with the age of the box and the expansive soil , have caused sections of the box to collapse. The proposed project will help relieve the flooding in the area by removing some of these collapsed sections while bypassing others. As shown on the attached map, high density polyethlene liner pipes are to be pulled through the section be- tween the underpass lift-station on Fulton and the intersection of the box with the center of Van Buren. Once installed, the void between the liners and the box is to be filled with grout to prevent further shifting. The next sec- tion shall be bypassed with reinforced concrete boxes laid down Van Buren to Hemlock, Hemlock to Madison, and then along Madison to the junction with the existing box. After the bypass line is constructed, the existing section will be completely filled and abandoned. The improvements proposed in this project will not only allow the City to reduce the probability of property damage to homes built on the refinery box, but also improve the drainage in the area. -Bids were received Monday, September 12th for the Irving Street Box Project. Of the 11 bids received, the best and lowest was submitted by Teal Contract- ing Company in the amount of $706,746.40 with 60 working days to complete the project. The bids were: Teal Contracting Company, Inc. $ _ 706,746.40 Excavators and Contractors 714,461.21 Trotti and Thomson 740,742.00 C & P 765,633.00 Watkins 778,110.00 Bella Construction 793,908.88 Baytown 828,297.00 Saucier and Sons Enterprises, Inc. 884,637.40 Jalco, Inc. 940,881.00 Sabine Consolidated, Inc. 951,875.00 Russ Miller Construction Company, Inc. 1,005,079.78 Council ..Letter September 29_,::1983 �• ,�`�,.,:Yr _ _ _: Y Page 2 ., - � t �r►tt { -r.•;'. ,I .. •.. -•-w: r.„,'•vrr_�a y _w.rr. i.:,i '�(`44k.:r.+ax 'Ges..f �. •a. - °.K"'.... :t v p- i . Teal has -indicated that he will .meet.the MBE requirements through the use of - ~ Texas Mechanical Speciality, Inc. as a supplier, in the amount of $240,000 which is 34% of the- contract. This project is funded out of the 1983 Community -Development Block Grant Pro- gram (CDBG) where some .$770,000 was budgeted for this purpose. It is recommended that City Council approve this resolution authorizing awarding the contractor for the Irving Street Box Project to Teal Contracting Company in the amount of $706,746.40 with 60 working days. Karl Nollenberger City Manager PLANS FOR CITY OF BEAUMONT FOR PROPOSED STREET & DRAINAGE IMPROVEMENTS FOR IRVING STREET BOX RELOCATION �E �--U -L!NCOIN — II Y� ® FGP�FNT DD I c C® SHER Q .❑[ON][:][ URT = ST ANT J �a ® 7o be abandoned � and tilled M A I cr AN a c coca a m cc LEE zi LL - LI�pTS Proposed box RE Un location T A r' To be sliplined � R E S O L U T I O N WHEREAS, on September 12, 1983, bids were received for the construction of the Irving Street Box; and, WHEREAS, Teal Contracting Co. submitted a bid in the amount of $706,746.40 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Teal Contracting Co. is the lowest and best bid received and should be accepted; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Teal Contracting Co. is hereby accepted by the City of Beaumont that the City Manager be, and he is hereby , authorized to enter into a contract with Teal Contracting Co. in the amount of $706,746.40 for construction of the Irving Street Box. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - .. f� .. 7• t.- September 29, l.r. IyI 'i it t! 1 ... aY.a.�+tir •t„ .�t.tti^'�.•"...w.— '� .y.y.n� •,,a+��w►.�'a��yt � � •"".S�:.y�tk.4t.i � 3 � ty. � - - '� t MV �•+Y..c�ft�iD I��wa �. - J.` ' ��. ~.i: Y�_^�'-4'.} .. . ~. ip _ 11 . .Council Letter >... - � '! S�.K...t�.. -.rte,�-T. ,..._— �•- -.i� ,�y.-_ _ __. ._ .:•�,,Lb.:d:-_-V�.1 7 .�y� _1.. 4:)f�7 ��.t cif.��.: ... •. _ ..,..♦; �., .. - .. .r.a . ='tic•- _ _ .r..:�: -•--- ._ .. .. _ Honorable Mayor and' -- ' Members of City Council ' Subject: Highland Avenue T.I.P. Project On May 17, 1983, City Council selected Fittz and Shipman, Inc. to perform the engineering services needed to prepare plans and supervise construction on the Highland Avenue T.I.P. Project. This project is designed to improve Highland Avenue from Alma Street to Florida Avenue. Improvements include providing a four-lane facility with protected left-turn lanes at intersections where warranted. Drainage along the entire length will be improved. The cost of construction of the project is estimated to be $750,000. The contract for engineering services is divided into three separate phases: the Preliminary Phase, the Design Phase and the Construction Phase. Each of the phases has a not-to-exceed cost. In this contract, the Preliminary Phase cost shall not exceed $27,650, the Design Phase cost shall not exceed $68,650, and the Construction Phase cost shall not exceed $73,600. In the event that all phases reach the maximum amount, the sum of the not-to-exceed cost would be. $169,900. It. is recommended that the resolution be approved. �- cam,, Karl Nollenberger City Manager UL IP JR. -r►� IF,A. NE ■ ■ ■ � . - • , , • • -LOIN a NO__ R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute a contract for engineering services with Fittz & Shipman, Inc. in connection with the construction of the Highland Avenue T . I .P. :Project in an amount not to exceed $169,900.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 8. September 29, 4983 �, �- •`� _. :�s:`-- 1 `., �:_. Council .Letter 10 Honorable Mayor and Members of City Council Subject: Concord Road T.I.P. Project On May 17, 1983, City Council selected Kohler and Kohler to perform the en- gineering services required to prepare plans and supervise construction on the Concord Road T.I.P. Project. This project is designed to improve Concord Road from Lucas Drive to Interstate 10. The intersection with Interstate 10 will be at the Mariposa Street and Gulf Street interchanges. When complete, the Concord Road improvement project will be an extension northward of Spur 380. This project is- to be developed in two phases. Phase I will consist of widening to provide five lanes between Lucas and Pinkston, four lanes between Pinkston and French Road, three to four lanes between French Road and Live Oak and four lanes along Live Oak to Gulf. Protected left-turn lanes are to be provided at major intersections. Phase II will consist of connecting Live Oak with Interstate 10 along Gulf and Mariposa Streets. For this project, Phase II will be developed through the preliminary stage only. Cost of construction for this project is estimated to be $3,850,000. The contract for engineering services between the City and Kohler and Kohler will be divided into three separate phases: The Preliminary Phase, the De- sign Phase and the Construction Phase. Each of the phases has a not-to-exceed cost. In this contract, the Preliminary Phase not-to-exceed cost is $108,000, the Design Phase not-to-exceed cost is $209,000, and the Construction Phase not-to-exceed cost is $190,000. In the event that all phases reach the maximum amount, the total cost not-to-exceed cost would be $507,000. 11. is recommended that the resolution be approved. Karl Nollenberger City Manager p,7m ri It A loll"'"IN. 71 Fain ^711 ll t rL � % ` . KIM AGE& a N R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute a contract for engineering services with Kohler & Kohler in connection with the construction of the Concord Road T .I .P. Project in an amount not to exceed $ 507,000.00 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 9. September 29, 1983 Council Letter 17 Honorable Mayor and Members of City Council Subject: Employee Contributions for Insurance In 1980, City Council passed an ordinance specifying that the City would pay 100% of the cost of dependent health insurance. In light of our recent de- cision to return to some contributions from employees to assist in defraying the cost of dependent health insurance, it will be necessary to repeal the earlier legislative action. It is our recommendation that Council repeal the earlier, now incorrect ordinance. L Karl Nollenberger City Manager i AGEL'U"A TIEN ` Na g ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING ORDINANCE 80-99; PROVIDING FOR SEVERABILITY. WHEREAS, by Ordinance No. 80-99 adopted September 23, 1980, the City of Beaumont agreed to pay all the costs of dependents group health care coverage; and, WHEREAS, the City Council has determined that employees should pay a portion of the costs of their dependents group health care coverage; NOW, THEREFORE BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Ordinance No. 80-99, adopted September 23, 1980, be, and the same is hereby repealed, effective on and after October 1 , 19133 . Section 2 . That if any section, subsection, sentence, clause or ph.-dse 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 in no wise affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 10. September 29, 1983 Council Letter 20 Honorable Mayor and Members of City Council Subject: Enactment of Closed Container Franchise The recent discussion by Council to cease operation of a commercial closed container garbage collection system now means that the City should begin the process of establishing a franchise agreement with those firms desirous of providing this type of service. An ordinance accomplishing this has been prepared and is attached. This or- dinance simply states that franchises shall be mandatory after January 1, 1984. This lag is necessary because franchise agreements require a 60-day time frame before becoming effective. It will be necessary for the City to negotiate all necessary franchises during the month of October. I recommend that the Council approve the ordinance requiring franchises for this activity. r Karl Nollenberger City Manager AGEN A RT M Np ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES TO REQUIRE A FRANCHISE FOR COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 7 of the Code of Ordinances of the City of Beaumont is hereby amended by adding a new Article V, Section 7-66 to read as follows: Section 7-66 It shall be unlawful for any person, partnership, association or corporation to provide commercial closed container garbage collection services in the city without first obtaining a franchise from the city. "Commercial closed container garbage collection services" is defined as the regular collection of the garbage from closed, mechanically-emptied "dumpster" type containers from locations in the city which are not single-family locations, and disposal of such material in accordance with law . 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 are repealed to the extent of the conflict only . Section 4 . This ordinance shall be and become effective from and after January 1 , 1984 . Section 5 . Any person who violates any provision of this ordinance shall, upon conviction, be subject to a fine not to exceed One Thousand Dollars ( $1 ,000.00) per day. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - - 2 - September-29, -1983 - =' - - Council Letter 22 Honorable Mayor and Members of City Council Subject: Appointment of Citizens Advisory Committee to Recommend Memorial for Dr. Martin Luther King, Jr. Several members of the Council have suggested that an Advisory Committee be charged with the responsibility of recommending to Council a suitable me- morial to Dr. Martin Luther King, Jr. A list of the names recommended for appointment is attached. 4,-/11 AtL fie"� Karl Nollenberger City Manager Citizen' s Committee Dr. Martin Luther King, Jr. Harvey C. Johnson // Co-Chairman Rev. G. W. Daniels John L. Bell // Co-Chairman Shirlene Cook Larry Beaumont Ed Dix Wilton White Gaylyn Cooper Warner Rogers George Hudspeth C. W. Conn Ben Rogers Hoke Peacock Rev. W. N. McCarty Patty Cantella Rev. Bill Scales Brock Brentlinger Rabbi Herbert Rutman David Geddes Rev. Ed Bowles Pat Phelan Ed Sigee Edward Moore Raymond Chaison Paul Brown Bishop Bernard J. Ganter Exhibit "A" � l , ME nv NO C R E S O L U T I O N WHEREAS, the City Council of the City of Beaumont desires to establish an appropriate memorial to the late Dr. Martin Luther King, Jr. ; and, WHEREAS, the City Council desires community participation in the selection of an appropriate memorial; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT a Citizen' s Advisory Committee composed of those persons named in Exhibit "A" attached hereto is hereby appointed to review and recommend to the City Council an appropriate means of memorializing the late Dr. Martin Luther King, Jr . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - - _ 12• :ieptember'28,':1983 _ =y . . - Council Letter 5 Honorable Mayor and Members of City Council' Subject: Airport Fixed-Base Operator Agreement Amendment Professional Aviation Services Company initially entered into an agreement with the City on January 25, 1980. The agreement was amended on March 18, 1980; February 2, 1981, and May 25, 1982. The agreement related to the company's lease of space and provision of services at Beaumont Municipal Airport- as a fixed-base operator (FBO). The airport's previous FBO had gone out of business and the City constructed a new terminal building with lease space available. After receipt and review of proposals for professional FBO services, Profes- sional Aviation Services Company was selected to operate at Beaumont Municipal Airport and a five-year agreement was executed. In April , 1980, a second FBO, Golden-T Air Flight Service, entered into a twenty-year agreement with the City for provision of services as an FBO, constructing its own facilities on leased land. Both FBO agreements have been amended over the past few years. Professional Aviation Services Company approached the City to request a five- year extension of the term of the agreement. At that time, the owners of the company were considering sale of their interests and a longer term agreement would be of greater value. The FBO has indicated that it has no current plans for such a sale. The FBO also suggested that fuel flowage fees and rent be tied to an index which would automatically adjust City revenues during the ex- tension period. In addition, the FBO suggested that provisions could be made to assist the City in other areas, such as elimination of the City's contract for fuel and direct purchase by the FBO. Currently, the City purchases fuel and the FBO obtains its fuel from the City. This arrangement, once desirable under threat of fuel allocations, is not currently necessary. The City staff and FBO negotiated the terms of a proposed agreement. The agreement was reviewed by the Airport Advisory Committee at its meetings on August 3rd and September 7th. At the September 7th meeting, the committee voted (6-2) to recommend the proposed agreement to the City Council . A copy of the proposed agreement is attached. The amendment features are identified below: 1. The term of the agreement is extended from January 31, 1985 to May 31, 1990 (Section 1) . 2. The option to allow the FBO to: (1) operate or, (2) maintain and operate tie-downs is made available. Although the cur- rent practice of the FBO operating and the City maintaining tie-downs will continue, this provides flexibility in the future (Section 2.D) . Council .Letter .gib September-,28;'1983 'Page 2 " > L 4 � 7 J �JJ T•�rte, l}.Ti�Y�a: a i3'_ ) �.*r '.Elm+;if� y;�� T!C N J,� - � - w `.. •tY-lS10j `GYM��i Y -'� ��p'�. ex�:.i l� � ��,.y,SST.'!G t � {y y . t � �a�} x')�v s�.+'t�,3!`.`F' "F�'eF'"�t�f'I!ari-�qr�+.�f�<..�•�-`-f�sr �.. - i ._ ,�+ � �_.," - _ •�-mow. .lJ�S9,:ir�.i.:sS�'f�k dV'.=R�+.�a 1 � r 2t� ]L4..•.LYM3."' •^�'y r., ,rc.J i � - �. i. -4. )tv+ rt .•.Sr+-�=SF "-a�Y+�.• Y a+:.Y�e, ..a�«s►�s,•.�M.s�-., sys - :..r t ) - cr.r .r -7, . 3. The abi 1 i_:ty to -change the charge_for.use of--the-flight trai ni ng = room is added '(Section' 2.-E): - • 4. Adjustments to charges for office space, hangar-building space, and parking ramp space are identified for years 1985 through 1990. The dates and methods of adjustment have been selected to provide an equal treatment of the FBO in relation to the City's agreement with Golden-T Air Flight Service (Section 3) . 5. Late charges for all payments would begin on the day payments are due. In the current agreement, charges do not begin until two weeks after the payments are due (Section 4). 6. The fuel contract between the City and Tech-Jet, Inc. is as- sumed by the FBO. The City previously held the contract pri- marily to maintain fuel allocations. The possibility of a fuel allocation limit is low at present, and a direct agreement between the FBO and fuel supplier allows a more efficient flow of records and payments (Section 5). 7. The City would receive three cents per gallon for each gallon delivered to FBO, rather than each gallon sold as in the cur- rent agreement (Section 3). 8. Adjustment to the fuel flowage fee are identified for the years 1985 through 1990 in a manner consistent with the City's agreement with Golden-T-Air Flight Service (Section 5) . 9. City provision of fuel tanks and pumps is clarified in the agreement to match current practice (Section 5). 10- The provision regarding FBO monitoring and operation of the Aeronautical Advisory Radio (UNICOM) is clarified (Section 6.C) . 11. The provision relating to notice of deficiency or default which' may result in termination of the agreement by the City would now allow such- notice from either the City Manager or Director of Urban Transportation (Section 30) . 12. A section is included which would require City approval of any sale of interest in the FBO (Section 31). 13. A section is added which would allow the City to require a renegotiation of the agreement if revenues or profits of the FBO increase by more than fifty percent in a twelve-month period. In the event of such an increase, it is likely that the FBO would be the only FBO at the Airport and a renegotia- tion may be desirable (Section 32). The amendment will allow more efficient operation by the FBO and City relative to the Airport. In addition, City safeguards regarding the sale of interest in the FBO allow greater City control over the quality of FBO-related ser- vices. Council -Letter.: 5 1 September. 28, .1983 Page--3--t !j.^tt a`• ci a..�yys.�� s?�f ^�.�l:f. "�- j<< 't 4s�+. �� A ..r�c N+SC_'�i+^ �. ? ire t r .fir �.�t u 't--�t`4.�,SC,i� ,f±SC� ,ee�2•r ..�e��'` '� -Y'��rt a ,r:- t`i rte.,} -�_ .�♦ � 1.i.� . ^M ♦.hn, � � � . , f _ !.1'-4Lt....}s - �"t.F ��'�' - i 3i 4'L� )�1-✓ 1 v - .Y'X`)�- _ The Policy of the'City has been to equally support�both,FBO's. An attempt i been made to incorporate equal provisions n each FBO agreement and their amendments to the maximum extent practical. This .allows the FBO's to compete' on a basis which allows equal opportunity for success. Approval of the amendment is recommended. Karl Nollenberger City Manager A + R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute an amended agreement, in the form attached hereto as Exhibit "A" , between the City of Beaumont and Professional Aviation Services Company with respect to fixed base operator activities at Beaumont Municipal Airport. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 13. September 30, -1983 Council Letter. 24 Honorable Mayor and Members of City Council Subject: Acquisition of Landfill Site On January 18, 1983, the City Council authorized the filing of a condemnation suit for some 328.478 acres required for the operation of our new landfill . The acreage required was contained in two tracts; the Hebert block.-at 245.943 acres and the Orgain tract at 82.535 acres. In the recent discussion before an eminent domain commission hearing, which considered only the large Hebert tract, the City had offered $295,000, or $1.200 per acre. The Heberts countered with a value of $2,200+ per acre, and a total value of $872,640 which incorporated damages to the remaining 228.35 acres owned by the Heberts. In discussions subsequent to the hearing, we have negotiated a settlement with the owners for the purchase of the original 245.943 acres as well as the ad- ditional 228.35 acres for a total of $625,000. By way of comparison, the hearing awarded a sum of $452,000, or $837.82 per acre. This figure included damages to the additional acreage. In effect, the City can purchase an additional 228.35 acres for $173,000, or $1,317.75 per acre. We feel that the settlement is very favorable to the City, as the land can be used either for landfill expansion or for resale at a later date. WE! have attached a project budget which details our expenditures to date. It. is our belief that the purchase of this additional acreage can be accom- modated within the scope of the current budget. It is recommended that this resolution be adopted. Karl Nollenberger City Manager 1984 BUDGET LANDFILL DEVELOPMENT Revenues Certificates of Obligation $2,350,000 Less Issuance Expense 100,000 Total $2,250,000 Expenditures Contracts Programmed Budget Commitments Expenditures Balance Equipment $ 665,000 $648,602 $ 16,3981 $ -0- Site Development 535,000 72,000 -0- 2 463,000 Lafin Drive 300,000 259,891 -0- 40,109 Land Acquisition 700,000 -0- 625,0003 75,000 Contingency 50,000 -0- -0- 50,000 $2,250,000 $980,493 $641,398 $628,109 Notes 1. Equipment: Programmed expenditures anticipate the renovation of an older maintainer for use on the new site. 2. Site Development: A definitive cost will be available on October 3, 1983 when bids are to be opened on the project. 3. Land Acquisition: The $625,000 expenditure is contingent on proposed settlement. Li R E S O L U T I O N WHEREAS, the City of Beaumont, through its City Attorney , has negotiated a settlement with W. A. Hebert, III, et al, owners of a 474. 293 acre tract of land, more or less, out of the James Rowe Survey , Abstract 45, in Jefferson County, Texas for a purchase price of $625, 000 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the 474 .293 acres, more or less, of land for landfill purposes for $625,000 be, and it is hereby , authorized. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - NO. �3 R E S O L, U T I O N WHEREAS, the City of Beaumont, through its City Attorney, has negotiated a settlement with W. A. Hebert, III, et al, owners of a 474.293 acre tract of land out of the James Rowe Survey , Abstract 45, int Jefferson County, Texas for a purchase price of $625,000 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the 474.293 acre tract of land for landfill purposes for $ 625,000 be, and it is hereby , authorized. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of lg Mayor - Septemb er 30,* Y983 Council Letter'- :25 Honorable Mayor and Members of City Council Subject: Resolution Executing Agreements with the Chamber of Commerce, South East Texas Arts Council and Museums A resolution appears on the October 4, 1983 Council agenda which approves contracts between the City of Beaumont and the Chamber of Commerce, South East Texas Arts Council and three museums which offer tourist attractions in our community. The three museums are John J. French Museum, Gladys City Museum and Babe Zaharias Memorial . The contract with the Chamber of Commerce makes it very clear that the Chamber Board is responsible for the execution of the agreement between the City of Beaumont and the Chamber. The Conven- tion and Visitors Bureau is a division of the Chamber of Commerce with all responsibility lying in the Chamber Board. In addition, the contractual arrangement provides for one elected official of the City of Beaumont to be on the Convention and Visitors Bureau, CVB Board, and one administrative official . This will provide better communication between the City and the CVB. The contract further provides that the budget "shall be the sole re- sponsibility of the Chamber and shall be submitted to the City Manager on or before May 1, 1984. " This will provide appropriate review and communi- cation time for next year's CVB Budget. One additional item in the contract is that the City Manager and the President of the Chamber will meet not less than quarterly to review the Bureau's. programs and the status of the revenues available from the occupancy tax. This will put the Chamber in a position of being able to better plan its expenditures based upon the revenues coming in to the City. The resolution which approves the contracts with the five organizations ex- presses intent for future years relating to budgeting of the hotel/motel occupancy tax. Depending very heavily on the accountability and justifica- tions which are able to be put together by the requesting bodies, the City is stating its intent that the money will be split with three cents of the seven cent tax going to Convention and Visitors Bureau activities , three cents of the seven cent tax going to Community Facilities of the City of beaumont and one cent of the seven cent tax going to Arts and Museum activ- ities. Beyond that, any excess revenues within a budget year will be allo- cated out to the organizations on the same ratio so that they can share in the fruits of their efforts._ Additionally all the organizations are required - �'_f-. . •r„y..•) .• ! -•rte-.. -yr'� 'r�:y't:. .' .•.. .. `T .r• . Cciunci1 ,Letter.25' er 30 198 �.,..; - . ,:r,� - - �, t September r 3 � ;� - °�� r f s r t�N�XL�t Paige 2 to submit their Jproposed budgets-by May 1st of each year in order to -begin the processing of the budget in the City Managers office. Ii: is recommended that the City Council approve the resolution -whfiveestab- I-ishes contractual arrangements between the City of Beaumont and entities receiving monies from the hotel/motel tax. Q�I�QQ Karl Plollenberger City Manager AGDA ITEM /* DRAFT 9-29-83 R E S O L U T I O N WHEREAS, pursuant to TEX .REV.CIV.STAT.ANN. art. 1269j-4 .1 , as amended, ( the "Act" ) the City of Beaumont levies and collects a tax equal to seven percent of the consideration paid by occupants of sleeping rooms furnished by hotels and motels within the City ( the "tax" ) ; and, WHEREAS, Section 3c. (a) of the Act provides that the revenue derived from the tax may be used only for the following purposes: " (1 ) the acquisition of sites for and the construction, improvement, enlarging, equipping , repairing , operation, and maintenance of convention center facilities including , but not limited to, civic center convention buildings , auditoriums , coliseums , civic theaters, museums, and parking areas or facilities for the parking or storage of motor vehicles or other conveyances located at or in the immediate vicinity of the convention center facilities; (2 ) the furnishing of facilities, personnel and materials for the registration of convention delegates or registrants; (3 ) for advertising for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors either by the city or through contracts with persons or organizations selected by the city; (4 ) the encouragement, promotion, improvement, and application of the arts, including music ( instrumental and vocal) , dance, drama, folk art, creative, writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, television, radio, tape and sound recording , and the arts related to the presentation, performance, execution, and exhibition of these major art forms ; (5 ) historical preservation and restoration projects or activities at or in the immediate vicinity of convention center facilities or historical preservation and restoration projects or activities located elsewhere in the city that would be frequented by tourists and visitors to the city" ; and, WHEREAS, the Act further provides that " [A] ny revenues from a tax in excess of four percent of the consideration paid by an occupant of the sleeping room to the hotel may only be used for the purposes specified in Subdivisions ( 1 ) , ( 2) , and ( 3 ) of Subsection (a) of Section 3c . No more than one percent of the consideration paid by an occupant of the sleeping room to the hotel may be used for the purposes specified in Subdivision (4 ) of Subsection ( a) of Section 3c ." ; and, WHEREAS, the Act further provides that "any city which levies and collects a tax in excess of three percent shall reserve a portion of the tax revenues equal to at least one percent of the cost of the occupancy of hotel rooms for the purpose of advertising and conducting solicitation programs to acquaint potential users with public meeting and convention facilities, and for promotion of tourism and advertising of the city and its vicinity either by the city or through contract with persons or organizations selected by the city" ; and, - 2 - WHEREAS, the City of Beaumont has historically used the revenues derived from the tax for general and tourist advertising of the City and its vicinity and conducting a solicitation and operating program to attract convention and visitors to the City, for the encouragement and the promotion of the arts, and for the operation and maintenance of convention center facilities, including the civic center, the Julie Rogers Theatre, and other buildings, auditoriums , coliseums, and museums; and, WHEREAS, the City has contracted with the South East Texas Arts Council to manage the funds allocated from the tax for the promotion and encouragement of the arts; and, WHEREAS, the City has contracted with the Beaumont Chamber of Commerce to operate a convention and visitors Bureau to advertise and promote tourism and conventions for the City and to fund various museums which attract visitors to the City; and, WHEREAS, the City Council desires to approve an agreement with the Beaumont Chamber of Commerce for operation of the Convention and Visitors Bureau for the year begining October 1 , 1983, and ending September 30, 1984 ; and, WHEREAS, the City Council desires to approve agreements with the South East Texas Arts Council and three ( 3 ) museums for the promotion and encouragement of the arts and museum operations for the year begining October 1 , 1983, and ending September 30, 1984 ; and, WHEREAS, the City Council desires, by this resolution, to establish guidelines to be followed by the City and the organizations benefiting from the tax revenues in developing their programs to be funded from said revenues in future years; 3 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 . That the City Manager be, and he is hereby authorized to execute an agreement with the Beaumont Chamber of Commerce, substantially in the form attached hereto as Exhibit "A" , for operation of a convention and visitors bureau for the year beginning October 1 , 1983, and ending September 30, 1984 . Section 2 . That the City Manager be, and he is hereby , authorized to execute an agreement with the South East Texas Arts Council to promote and encourage the arts during the year begining October 1 , 1983, and ending September 30, 1984 with funds to be provided from the tax in the total amount of $100,000 . Section 3 . That the City Manager be, and he is hereby , authorized to execute agreements with the sponsoring organizations of the Gladys City Museum, the John J . French Trading Post, and the Babe Zaharias Memorial Museum for operations during the year beginning October 1 , 1983, and ending September 30, 1984 with funds to be provided from the tax in the total amount of $25,000. Section 4 . That the City Council hereby expresses its intent to allocate estimated revenues from the tax to be collected during the City' s fiscal year beginning October 1 , 1984, in the following manner subject to evidence produced by the recipients that satisfies the 4 - City Council that the proposed programs are cost effective, and that the recipients are accountable to the City for the use of the funds and the results of the programs funded: 1 . To the South East Texas Arts Council and to three ( 3 ) museums for the promotion and encouragement of the arts and the operation of the Gladys City Museum, the John J. French Trading Post, and the Babe Zaharias Memorial Museum, a sum equal to one-seventh ( 1/7th) of the tax collected, subject to approval by the City Council of: proposed expenditures to be made by the South East Texas Arts Council for such purposes; 2 . To the Chamber of Commerce for the operation of a convention and visitors bureau to promote tourism and conventions within the City a sum equal to three-sevenths ( 3/7ths) of the tax collected, subject to approval by the City Council of a budget of expenditures by the Chamber of Commerce for such purpose; and, 3 . To the City of Beaumont an amount equal to three-sevenths ( 3/7ths) of the tax collected to be used for the operation of the City' s civic center facilities. Section 5 . That the South East Texas Arts Council, the three museums , and the Beaumont Chamber of .Commerce shall submit to the City Manager of the City of Beaumont proposed budgets for their activities funded from revenues derived from the tax during the year beginning October 1 , 1984 , on or before the lst day of May , 1984 . 5 - Section 6 . THAT The City Council further expresses its intention that revenues derived from the tax during the year begining October 1 , 1983, to the extent that those revenues exceed the estimated revenues, shall be allocated among the recipients as in the same proportionate shares as provided in Section 4 of this resolution. PASSED BY CITY COUNCIL of the City of Beaumont this the day of 1983. Mayor - - 6 - THE STATE OF TEXAS § COUNTY OF JEFFERSON § THIS AGREEMENT, executed in duplicate, is made and entered into by and between the City of Beaumont, Texas, a municipal corporation, hereinafter called "City" , acting herein by and through its dulyauthorized City Manager, and the Beaumont Chamber of Commerce, a nonprofit corporation, hereinafter called "Chamber" , acting herein by and through its duly authorized representative. WHEREAS, the City Council of the City of Beaumont has enacted an ordinance levying a tax of seven percent ( 7%) upon hotel and motel occupancy within the City; and, WHEREAS, the City of Beaumont desires that a portion of the proceeds derived from said hotel and motel occupancy tax as available as set out herein, be used for the promotion, solicitation, encouragement and development of tourism and conventions for the City of: Beaumont; NOW, THEREFORE, in consideration of the premises herein, the City and the Chamber hereby agree as follows: 1 . City does hereby employ , engage and hire Chamber to manage and operate a Convention and Visitors Bureau and to render the services herein contemplated, and the Chamber does hereby agree to accept such hiring, engagement, and employment and to discharge such duties in accordance with the terms and conditions herein set forth. LXtil-dia- "A" 2 . The Chamber is hired and engaged as an independent contractor and is not an agent of the City. 3 . The Convention and Visitors Bureau, to be managed and operated by the Chamber, shall encourage, promote and solicit tourism and conventions for the City of Beaumont. 4 . To assist the Convention and Visitors Bureau in encouraging , promoting and soliciting tourism and conventions for the City of Beaumont, the Chamber shall appoint annually an advisory Board of Convention and Tourism Activities composed of at least six (6 ) members, three (3 ) of whom must be engaged in the hotel-motel, food or hospitality industry , one ( 1 ) of whom must be an elected official of the City of Beaumont, and one ( 1 ) of whom must be the City Manager of the City of Beaumont or his designee. The Board of the Convention and Tourism Activities shall perform, among others, the following functions: A. It shall encourage and promote the development of tourism and conventions in the City of Beaumont. B . It shall recommend to the Chamber projects and programs to promote, encourage and solicit tourism and conventions for the City of Beaumont. 2 - C . It shall advise and assist the Chamber in the preparation of the proposed annual budget of the Convention and Visitors Bureau for the fiscal year beginning October 1 , 1984, but the budget shall be the sole responsibility of the Chamber and shall be submitted to the City Manager on or before May 1 , 1984 . 5 . The Chamber shall hire and employ a manager of the Convention and Visitors Bureau. Said Manager shall be a full-time employee of the Chamber and shall devote his time to the promotion and solicitation of tourism and conventions for the City of Beaumont. The Chamber shall provide such office space, equipment and secretarial assistance as may be necessary for the operation of the Convention and Visitors Bureau. 6 . The city will pay to the Chamber the sum of $411 ,000 for the fiscal year beginning October 1 , 1983, and ending September 30, 1984 . All payments herein are to be made from funds as available and as collected from the hotel occupancy tax. The City Manager and the President of the Chamber shall meet not less often than quarterly to review the Bureau' s programs and the status of revenues available from the occupancy tax . 7 . The City shall pay to the Chamber only the amount actually expended in furtherance of the activities of the Convention and 3 - Visitors Bureau as approved herein. Expenditures made for other purposes will not be reimbursed. 8 . No expenditure may be made by the Convention and Visitors Bureau or by its manager or employees unless such expenditure shall first be approved by the President of the Chamber. 9 . The City Manager, or his designated representative, shall, upon reasonable notice, have the right to inspect all books and records of the Convention and Visitors Bureau. Chamber shall furnish to City on an annual basis a certified audit of the activities of the Convention and Visitors Bureau prepared by an independent certified public accountant. 10. It is expressly understood and agreed by the City and the Chamber that all funds received from the hotel-motel occupancy tax that are paid to the Chamber shall be used solely for the purpose of encouraging, promoting and soliciting conventions and tourism for the City of Beaumont. 11. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty ( 30) days in advance. 12. Upon termination of this agreement, unless it be renewed, the Chamber shall deliver to the Cityall funds derived from the hotel- - 4 - r motel occupancy tax that it may have and all removable personal property that may have been purchased with funds derived from said tax. 13. The Chamber agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action, and damages of every kind arising from the operations of the Chamber, its officers, agents and employees including the Convention and Visitors Bureau and its officer, agents, and employees, carried out in furtherance of this agreement and specifically including any and all acts of negligence by the City of Beaumont, its agents, officers and employees. Chamber shall carry or cause to be carried general public liability and automobile liability insurance on all operations embraced by this agreement in the amount of $500,000 for each occurrence, and property damage liability insurance in the amount of $2:5,000 for each occurrence. The Chamber shall also procure contractual liability insurance in the same amounts, the cost of said insurance policies to be an expense of the Convention and Visitors Bureau. Said policies of insurance must be approved by the City and must be written by companies acceptable to the City. Said insurance policies shall name the City of Beaumont as an additional insured. Said policies or duplicate originals thereof must be filed with the City Clerk , or his designated representative before any operations contemplated by this agreement are begun. EXECUTED in duplicate originals this the day of 19 5 - CITY OF BEAUMONT By - City Manager - "CITY" ATTEST: By - City Clerk - BEAUMONT CHAMBER OF COMMERCE By President - "CHAMBER" ATTEST: By, 6 - DRAFT 9-29-83 NO R E S O L U T I O N WHEREAS, pursuant to TEX.REV.CIV.STAT.ANN. art. 1269]-4 .1 , as amended, (the "Act" ) the City of Beaumont levies and collects a tax equal to seven percent of the consideration paid by occupants of sleeping rooms furnished by hotels and motels within the City ( the "tax") ; and, WHEREAS, Section 3c. (a) of the Act provides that the revenue derived from the tax may be used only for the following purposes: " (1 ) the acquisition of sites for and the construction, improvement, enlarging , equipping , repairing , operation, and maintenance of convention center facilities including , but not limited to, civic center convention buildings , auditoriums , coliseums , civic theaters, museums, and parking areas or facilities for the parking or storage of motor vehicles or other conveyances located at or in the immediate vicinity of the convention center facilities; (2 ) the furnishing of facilities, personnel and materials for the registration of convention delegates or registrants; (3 ) for advertising for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors either by the city or through contracts with persons or organizations selected by the city; ( 4 ) the encouragement, promotion, improvement, and application of the arts, including music ( instrumental and vocal) , dance, drama , folk art, creative, writing, architecture,_ design and allied fields, painting , sculpture, photography, graphic and craft arts, motion pictures, television, radio, tape and sound recording , and the arts related to the presentation, performance, execution, and exhibition of these major art forms ; (5 ) historical preservation and restoration projects or activities at or in the immediate vicinity of convention center facilities or historical preservation and restoration projects or activities located elsewhere in the city that would be frequented by tourists and visitors to the city" ; and, WHEREAS, the Act further provides that " [A] ny revenues from a tax. in excess of four percent of the consideration paid by an occupant of the sleeping room to the hotel may only be used for the purposes specified in Subdivisions ( 1 ) , ( 2 ) , and ( 3 ) of Subsection (a) of Section 3c . No more than one percent of the consideration paid by an occupant of the sleeping room to the hotel may be used for the purposes specified in Subdivision (4 ) of Subsection ( a) of Sec:ti^*? 3c ." ; and, WHEREAS, the Act further provides that "any city which levies and collects a tax in excess of three percent shall reserve a portion of the tax revenues equal to at least one percent of the cost of the occupancy of hotel rooms for the purpose of advertising and conducting solicitation programs to acquaint potential users with public meeting and convention facilities, and for promotion of tourism and advertising of the city and its vicinity either by the city or through contract with persons or organizations selected by the city" ; and, 2 - WHEREAS, the City of Beaumont has historically used the revenues derived from the tax for general and tourist advertising of the City and its vicinity and conducting a solicitation and operating program to attract convention and visitors to the City, for the encouragement and the promotion of the arts, and for the operation and maintenance of convention center facilities, including the civic center, the Julie Rogers Theatre, and other buildings , auditoriums , coliseums , and museums ; and, WHEREAS, the City has contracted with the South East Texas Arts Council to manage the funds allocated from the tax for the promotion and encouragement of the arts; and, WHEREAS, the City has contracted with the Beaumont Chamber of Commerce to operate a convention and visitors Bureau to advertise and promote tourism and conventions for the City and to fund various museums which attract visitors to the City; and, WHEREAS, the City Council desires to approve an agreement with the Beaumont Chamber of Commerce for operation of the Convention and Visitors Bureau for the year begining October 1 , 1983 , and ending September 30, 1984 ; and, WHEREAS, the City Council desires to approve an agreement with the South East Texas Arts Council for the promotion and encouragement of the arts for the year begining October 1 , 1983, and ending September 30, 1984 ; and, WHEREAS, the City Council desires, by this resolution, to establish guidelines to be followed by the City and the organizations benef iting from the tax revenues in developing their programs to be funded from said revenues in future years; - 3 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 . That the City Manager be, and he is hereby authorized to execute an agreement with the Beaumont Chamber of Commerce, substantially in the form attached hereto as Exhibit "A" , for operation of a convention and visitors bureau for the year beginning October 1 , 1983, and ending September 30, 1984 . Section 2 . That the City Manager be, and he is hereby , authorized to execute an agreement with the South East Texas Arts Council to promote and encourage the arts during the year begining October 1 , 1983, and ending September 30, 1984 with funds to be provided from the tax in the total amount of Section 3 . That the City Council hereby expresses its intent to allocate estimated revenues from the tax to be collected during the City' s fiscal year beginning October 1 , 1984 , in the following manner subject to evidence produced by the recipients that satisfies the City Council that the proposed programs are cost effective, and that the recipients are accountable to the City for the use of the funds and the results of the programs funded: 1 . To the South East Texas Arts Council for the promotion and encouragement of the arts and the operation of the Gladys City Museum, the John J . French Trading Post, and the Babe Zaharias Memorial Museum, a sum equal to one-seventh ( 1/7th) of the tax 4 - collected, subject to approval by the City Council of proposed expenditures to be made by the South East Texas Arts Council for such purposes; 2 . To the Chamber of Commerce for the operation of a convention and visitors bureau to promote tourism and conventions within the City a sum equal to three-sevenths ( 3/7ths) of the tax collected, subject to approval by the City Council of a budget of expenditures by the Chamber of Commerce for such purpose; and, 3 . To the City of Beaumont an amount equal to three-sevenths (3,/7ths) of the tax collected to be used for the operation of the City' s civic center facilities. Section 4 . That the South East Texas Arts Council and the Beaumont Chamber of Commerce shall submit to the City Manager of the City of Beaumont proposed budgets for their activities funded from revenues derived from the tax during the year beginning October 1 , 1984 , on or before the 1st day of May , 1984 . Section 5 . THAT The City Council further expresses its intention that revenues derived from the tax during the year begining October 1 , 1983, to the extent that those revenues exceed the estimated revenues, shall be allocated among the recipients as in the same proportionate shares as provided in Section 4 of this resolution . - 5 - PASSED BY CITY COUNCIL of the City of Beaumont this the day of 1983. Mayor - - 6 - - .September 29, 1983 - +w �- .1 ti _ _ ��Y . a+-- t<t7,J•rts�d'�`'s Tip •c:._ 3 rtiLN.�i _ - C:= Counci 1: Letter. 14 i. , irP ��o .�. •yapyrr j+ac _ _ i� .��.trs _ J'�Tr��_,rY °:'_`�'�c�r:t�L'�-,'+-�-'—a '�:..ii, �. •': *. i a C i .+.., ._ .. ' Honorable Mayor-and Members of City Council Subject: Maintenance Contract with Mental Health Mental Retardation of Southeast Texas- In April of this year, staff was approached by a consultant for MHMR with a proposal that grounds maintenance for various City facilities be provided on a contract basis by MHMR. These facilities would include Riverfront Park, the grounds around the Civic Center, City Hall , Julie Rogers Theatre, Tyrrell Historical Library, Beaumont Public Library and the Police Station; Orleans Mall , various triangles and boulevards,--the Athletic Complex and the.-Tennis Center. These facilities are presently being maintained by Parks and Re- creation personnel . The City would be billed only for the actual hours worked. For this reason, the minimum savings accrued by the City would be in excess of $47,000. Actual savings could be substantially more. In addition, the first year cost projections from"VHMR include the cost. of equipment purchases. Should the City decide to extend the contract next. year, the rate charged the City may drop. The proposal has been analyzed by staff and found to be extremely favorable. There are specific performance requirements in the contract, and for this reason, approval by Council is recommended. 4L "'C' Karl Nollenberger City Manager A III° p0 R E S O L U T I O N WHEREAS, the City of Beaumont has received a proposal from Mental Health Mental Retardation of Southeast Texas to provide maintenance services for the Civic Center Complex, Athletic Complex, and other downtown areas; 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 enter into an agreement with Mental Health Mental Retardation of Southeast Texas for grounds maintenance services for the year beginning October 1 , 19133 at a cost to the City not to exceed $171 ,672.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the d ay of 19 - Mayor - i i w September 28, 1983 .. _. _ ',"""r..•.et ". 'S .a"�... �"�"'�T•r:•'7' �...«f '' Jt'r -xi '.r.R. - ... 's' r .�.l ;t�-•f, v'jOf(tir..a:�ewsZs'�"...,,a � v _ r, .w. eat i ,u�7• +•+l ....{ . Council .letter i ..ryti .J.r• 1fJM.�J7�f swi4 .M J+ x •S .•t % J.f Y L<J - ' .,'ry.+► �arw. ,/y� l:�✓]. ? r: -sy ,i fta:t rJ• s .r�.. t Honorable Mayor and Members of City Council Subject: Public Utilities Commission of Texas, Docket No. 5108 At the Council 's direction; the City Attorney intervened in the above case in- volving distribution of the $100+ million settlement received by Gulf States from United Gas. The money represents excess charges paid by Gulf States rate payers resulting from United's breach of its gas supply contract with Gulf States. Other:-intervenors include the City of Port Arthur and the Texas Municipal League, acting for its other member cities. The attorneys for the cities have identified 3 principal issues in the case: 1. The method of allocating the settlement proceeds between Texas and Louisiana customers. 2. Allocation of the Texas portion among residential , com- mercial and industrial customers. 3. Method of distributing proceeds to the customers. Indications are that the company's industrial customers plan to vigorously litigate the case. The attorneys for the cities believe it essential that expert witnesses be employed to analyze the case and present expert testimony. It is proposed that the cities jointly employ Touche, Ross and Company to pro- vide such services. The anticipated cost will be $35,000-$40,000. The cities' attorneys believe that the expenses can be recovered from the set- tlement fund; but in the event that they are not recovered, the cities will share the expenses on a pro-rata basis. It is recommended that the City Council authorize this action. c� Karl Nollenberger City Manager No �G R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 . That the City Attorney be, and he is hereby , authorized to join with other cities in employing Touche, Ross & Company to review and provide expert testimony in Docket No. 5108, Application of Gulf States Utilities Company , now pending in the Public Utility Commission of Texas. Section 2 . That all expenses incurred by the City in connection with its intervention in Docket No. 5108 are hereby assessed against Gulf States Utilities Company . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of lg Mayor - .. September._29; 1983 Council Letter 7 Honorable Mayor and Members of City Council . Subject: Dilapidated Structures Hearing The following structures have been inspected by the Environmental Control Division and considered to be in violation of the City of Beaumont's Code of Ordinances, Article III, Section 14-50: 1012 Cartwright 3436 Edmonds 465 South Fourth Street 845 Holmes 2251 Liberty 1827 Texas 1405 Wallace 1241 Washington At the August 2nd City Council meeting, the City Council ordered the owner of 1542 Cable (rear) to either repair or raze the structure within thirty days. Reinspection of this property has revealed noncompliance with the Council 's order. The Code Enforcement Department is requesting authorization from the City .Council to demolish this structure in accordance with the City codes and charge the property owner with the cost of this demolition. It is recommended that this action be approved. Karl Nollenberger City Manager CONDEMNATION PROGRAM 1012 Cartwright 3436 Edmonds 46S South 4th St. 845 Holmes 2251 Liberty 1827 Texas 1405 Wallace 1241 Washington October 4, 1983 CONDEMNATION PROGRAM Location Owner Recommendation 1. 1012 Cartwright R.L. Hedington Raze or repair within 30 days 2. 3435 Edmonds Ruby L. Titus Raze within 30 days 3. 465 South 4th St. Mary Jones Raze within 30 days c/o Nixon William H. Taft 4. 845 Holmes Anthony M. Padilla Raze or repair within 30 days S. 2251 Liberty V.C. Kelly Est. Raze within 30 days c/o P. Chefch 6. :1827 Texas Richard Lee Davis Raze within 30 days 7. 1405 Wallace David E. O'Fiel Raze within 30 days 8. 1241 Washington Dr. A.B. Marty Raze or repair within 30 days 1 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1012 Cartwright PROPERTY OWNER: R.L. Hedington 1520 Longfellow Beaumont, Texas 77706 LEGAL DESCRIPTION OF PROPERTY: Lot - S. 75' Lot 112 Block 31 Cartwright Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 6 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall . Flash exterior openings. Correct roof sag. Reroof building. Replace rotten roof sheathing. Bring building to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Remove trash, weeds & debris from yard. Replace damaged doors. Provide scuttle hole. Provide 18" x 24" crawl-hole to under floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: January 18, 1983, May 11, 1983, July 11, 1983 and September 15, 1! ABATEMENT DATE: January 31, 1983, May 25, 1983 and August 15, 1983 PUBLIC HEARING NOTIFICATION: September 15, 1983 OWNERSHIP VERIFICATION: September 15, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days _ 1 . 2 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 3436 Edmonds PROPERTY OWNER: Ruby L. Titus 941 W. 75th Avenue Anchorage, Alaska 99502 LEGAL DESCRIPTION OF PROPERTY: Lot 21, 22, 23 Block 18 Westoakland Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 7 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. Reroo buildin . Replace rotten roof sheathing. Bring building to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Remove trash, weeds $ debris from yard. Replace damaged doors. Provide scuttle hole. Provide 18" x 24" crawl-hole to under floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: March 15, 1983, July 13, 1983 and September 15, 1983 ABATEMENT DATE: April 20, 1983 and August 17, 1983 PUBLIC HEARING NOTIFICATION: September 15, 1983 OWNERSHIP VERIFICATION: September 15, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 3 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: - . 465-South 4th-St. PROPERTY OWNER: Mary Jones c/o Nixon William H. Taft 1585 Avenue G 1395 Gladys Beaumont, Texas 77701 Beaumont, Texas 77703 LEGAL DESCRIPTION OF PROPERTY: Lot 19 Block 5 Crockett Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 12 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. a lace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. Reroof building. Replace rotten roof sheathing. Bring; building to plum . Replace front - rear porches. eplace ront - rear steps. Replace rotten interior walls. Bring- ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove tras & debris from building. Remove trash, weeds $ debris from yard. Replace damaged doors. Provide scuttle hole. Provide 1 x craw - o e to under floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: July 12, 1983 and September 15, 1983 ABATEgENT DATE: August 16, 1983 PUBLIC HEARING NOTIFICATION: September 15, 1983 OWNERSHIP VERIFICATION: September 15, 1983 - RECOMA4ENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 4 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 845 -Holmes-- PROPERTY OWNER: Anthony M. Padilla 928 Wall Beaumont, Texas 77701 LEGAL DESCRIPTION OF PROPERTY: Lot 7 Block 9 Van Wormer Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont 19 VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten loor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. LOrrect roof sag. Reroof building. Replace rotten roof sheathing. Bring building to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiiing j�oists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Remove trash, weeds & debris from yar eplace damaged doors. Provide scuttle hole. Provide 18" x 24" crawl-hole to under floor. emove ire damage. Replace - Repair damaged windows. NOTIFICATIONS: February 14, 1983 and September 15, 1983 ABA.TEAiENT DATE: March 17, 1983 PUBLIC HEARING NOTIFICATION: September 15, 1983 OWNERSHIP VERIFICATION: September 15, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days . S DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 2251 Liberty PROPERTY OWNER: V.C. Kelly Est. c/o P. Chefch 3403 Audubon Street, Apt. #4 Houston, Texas 77006 LEGAL DESCRIPTION OF PROPERTY: Lot 9 Block 1 Averill Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 `— of the Code of Ordinances for the City of beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 21 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor foists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall . Flash exterior openings. Correct roof sag. Reroof building. Replace rotten roof sheathing. YTLng fioild to p lumb eplace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling foists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Rerecve trash, weeds $ debris from yard. Replace damaged doors. Provide scuttle hole. Provide 18" x 24" crawl-hole to under floor. Remove fire damage. Replace - R(_-..ir damaged windows. NO'T'IFICATIONS: May 20, 1983 and September 15, 1983 ABATEMENT DATE: June 28, 1983 PUBLIC HEARING NOTIFICATION: September 15, 1983 OWNERSHIP VERIFICATION: September 15, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 6 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1827 Texas PROPERTY OWNER: Richard Lee Davis 338 Flood Avenue San Francisco, California 94112 LEGAL DESCRIPTION OF PROPERTY: Lot 10 Block 8 North Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 24 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten tloor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings., Correct roof sag. Reroof building. Replace rotten roof sheathing.--Replace Bring building to plumb. Re place front - rear porches. ront - rear steps. Replace rotten interior walls. Bring cei ing to_Te__qTi_red7 heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Remove trash, weeds $ debris from yard. Replace damaged doors. Provide scuttle hole. Provide 18" x 2 craw - o e to under floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: August 11, 1983 and September 15, 1983 ABATEDSENT DATE: September 13, 1983 PUBLIC HEARING NOTIFICATION: September 15, 1983 OWNERSHIP VERIFICATION: September 15, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 7 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: - 1405-Wa}3ace-- - PROPERTY OWNER: David E. O'Fiel P.O. Box 4031 Beaumont, Texas 77704 LEGAL DESCRIPTION OF PROPERTY: Plat A-1 Tract 3 — D.Brown Survey OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 12 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Re lace rotten material in exterior wall . Flash exterior openings. Correct roof sag. Reroo building. R sheathing. Replace rotten roof Bring building to plumb. Replace ront - rear porches. Replace ront - rear steps. Replace rotten interior walls_ Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling foists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten ra ters. Furnish required plumbing. Furnish required wiring. Remove trash 4 debris from building. Remove trash, weeds $ debris from yard. Replace damaged doors. Provide scuttle hole. Provide 18- x 24" crawl-hole to uiid'e floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: July 8, 1983 and September 15, 1983 ABATEMENT DATE: August 11, 1983 PUBLIC HEARING NOTIFICATION: September 15, 1983 OWNERSHIP VERIFICATION: September 15, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 8 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1241 Washington PROPERTY OWNER: Dr. A.B. Marty P.O. Box 1599 Crystal Beach, Texas 77650 LEGAL DESCRIPTION OF PROPERTY: Lot 10 E2 L-9 Block 14 Arlington Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont 9 VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. Reroof building. Replace rotten roof sheathing. Bring building to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Remove trash, weeds & debris from yard. Replace damaged doors. Provide scuttle hole. Provide 18" x 24" crawl-hole to under floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: June 2, 1983, July 11, 1983 and September 1S, 1983 ABATEMENT DATE: June 21, 1983 and August 15, 1983 PUBLIC HEARING NOTIFICATION: September 1S, 1983 OWNERSHIP VERIFICATION: September 15, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days CONDEMNATION The structure listed below has been condemned by the City Council and the owner ordered to either repair or raze the structure within specified time frames. Reinspection of this property has revealed noncompliance with the Council's order. - The Code Enforcement Department is requesting authorization from the City Council to demolish this structure in accordance with the City Codes and charge the property owner with the cost of this demolition. 1542 Cable (Rear) No—__I ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, AND ORDERING REPAIR OR DEMOLITION; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the City Council of the City of Beaumont hereby finds and declares the building located at: 3435 Edmonds 465 South 4th St . 845 Holmes 2251 Liberty 1-5 2 Tex h°rnsEzecj- 1405 Wallace 1241 Washington each to be a public nuisance in that said building violates Chapter 14 ., Section 14-50 of the Code of Ordinances of the City of Beaumont and is 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, Sections 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 either repair or demolish and remove said structures within thirty ( 30) days of the date of the passage of this ordinance: 1012 Cartwright 845 Holmes 1241 Washington If such action is not taken, the owners of said buildings shall be deemed guilty of a misdemeanor and said buildings shall be demolished and removed at the expense of the City of Beaumont on the account of the owner thereof and such expense shall be assessed as a special tax against the. property upon which said buildings are situated and a lien shall exist for such special tax, which lien shall be foreclosed and said expense be recovered by the City of Beaumont as in the case of any other debt and lien in favor of the City of Beaumont. Section 3 . In accordance with Article XVII, Section 2 , of the Charter of the City of Beaumont, Sections 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 30 days of the date of the passage of this ordinance: 3435 Edmonds 465 South 4th St. 2251 Liberty 18z 7 'r—as- 1405 Wallace If such action is not taken, the owners of said buildings shall be deemed guilty of a misdemeanor and said buildings shall be demolished and removed at the expense of the City of Beaumont on the account of the owner thereof and such expense shall be assessed as a special tax against the property upon which said buildings are situated and a lien shall exist for such special tax , which lien shall be foreclosed and said expense be recovered by the City of Beaumont as in the case of any other debt and lien in favor of the City of Beaumont. Section 4 . The following structure is hereby ordered to be demolished and removed by the City of Beaumont on the account of the owner - 2 - thereof and such expense of demolition and removal shall be assessed as a special tax against the property upon which the building is situated. The following structure was heretofore declared to be a public nuisance and violation of Chapter 14, Section 14-50 of the Code of Ordinances of the City: 1562 Cabe (Rear) 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 . Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 3 - WORK SESSION AGENDA OCTOBER 4, 1983 CITY COUNCIL CHAMBERS 1. Discussion of a commercial rehabilitation loan program for Census Tract 17. Discussion of a gift catalog for the Parks and Recreation Department. 3. Discussion of "Art in Public Places" grant. W/S September 29, 1983 Y. Council Letter 16 Honorable Mayor and Members of City Council Subject: Commercial Rehabilitation'_Loan 7Program-for" Census.-Tract 17 The CDBG Citizens Advisory Committee has recommended establishment of a com- mercial rehabilitation loan program for the Charlton-Pollard Neighborhood, Census Tract 17. The program, to be financed by $100,000 in Community De- - velopment Block Grant funds, would provide low-interest loans for the re- habilitation of businesses such as laundromats, cleaning establishments, drugstores, convenience stores and other service establishments. The loans would be available only for rehabilitation, not new construction, and only within the designated strategy area. Guidelines recommended for the program are attached to this letter. The pro- gra,m would be administered by a Loan Advisory Board composed of five members, who would serve without compensation. Board members are selected from the community at large and appointed by the City Council for two-year terms. The Board would make determinations on all loan applications under the program. The Rehabilitation Loan Office would make recommendations and assist the Board in an advisory capacity. Loans could be made for up to 10 years provided that the term does not exceed the remaining economic life of the property. The maximum amount that could be borrowed for any one project would be determined by the Board on recommen- dation of the Rehabilitation Division. A $10,000 limit would be placed on the amount of loan funds which could be used to refinance existing debts se- cured by the property. The rate of interest would be five percent. Safeguards would include a requirement that the borrower agree to an annual re- view by the Rehabilitation Division with a financial statement to be prepared by a Certified Public Accountant on the firm's operations. If the business does not remain financially sound, the owner would be required to seek finan- cial counseling. The City could have the right to collect delinquent loans through any reasonable means permitted by law, including foreclosure and sale, upon the direction of the City Manager. A lien would be taken against the property in the amount of the loan. The committee's recommendations for the program are set forth in detail in the attachments. The program grew out of a survey in Census Tract 17 which established the existence of a need for a program to stimulate commercial -Council Letter 16- September 29, 1983 Page 2 revitalization. The staff recommends that the Council review the proposed guidelines, submitted for. your approval , and adopt a resolution authorizing establishment of the program. Karl Nollenberger City Manager cc: Milton Palmer, Code Enforcement Director PROGRAM DESCRIPTION COMMERCIAL REHABILITATION Funding Source Commercial Rehabilitation is an eligible activity under The Community Development Block Grant Program and is the source of funding for this program. One hundred thousand dollars ($100,000.00) will be made available for this program. :Purpose and Intent Beaumont has participated in The Community Development Program since "Its inception in 1975. The City' s Rehabilitation Loan Program is primarily designed to provide low interest rehabilitation loans to property owners in Neighborhood Strategy Areas. The survey taken by The Community Development Block Grant (CDBG) staff of the Charlton-Pollard Neighborhood Census Tract Seventeen (17) revealed a need for a program to stimulate the neighborhood' s commercial revitalization. This program is intended to provide financial assistance for rehabilitation of commercial businesses such as Laundromats, cleaning establishments, drugstores, convenient stores or service establishments. Terms and Conditions A. General 1. The Rehabilitation Loan Agency will consider such loans that would be legal loans as defined by Ordinance No. 79.4. The Rehabilitation Agency cannot accept applications to finance any type of new construction. Neither can the Agency accept an application on a property situated outside the boundaries of a community development designated strategy area. 2. The City of Beaumont shall have the authority to collect delinquent loans through any reasonable means permitted by law, including foreclosure and sale, upon the direction of the City Manager. 3. Every loan applicant will be required to furnish proof of nondelinquent taxes before loans will be approved by the Rehabilitation Agency. 4. Applicant denied a loan by the Rehabilitation Loan Agency may not submit another application for a period of six months unless the applicant' s application is affected by changes in the program policies. B. Strategy Areas The Strategy Area, designated by the City of Beaumont, is Census Tract 17. 2 Loan Advisory Board Authority 1 . The Loan Advisory Board is composed of five members appointed at large. Members of the Advisory Board shall be appointed by the City Council for two-year terms and shall serve without compensation. 2. This Board will be responsible for making determinations on all rehabilitation loans. Advisory Board meetings will be held as the case load dictates. Due to the confidential nature of the information disclosed at these meetings, the Board meetings will not be open to the public. However, quarterly and annual status reports will be available to the public and citizen advisory committees. 3. The Loan Advisory Board shall be provided with a comprehensive financial packet for each applicant which will include: employment status, mortgage and appraisal data, credit data, loan amount, repair specifications, and loan recommendations. (The entire rehabilitation file will be available at the Board meetings and any information within that file will be presented upon request.) 4. The Loan Advisory Board will receive recommendations or suggestions from the Rehabilitation Loan Office. The Loan Advisory Board may accept or formulate their own recommendations as long as they coincide with eligibility criteria. 5. The Loan Advisory Board shall act on each loan case presented. The Board shall have the right to approve, deny, table, or 3 reject any loan for sound and sufficient reason. 6. The Loan Advisory Board shall not approve any loan the terms of which exceed the remaining economic life of the property to be approved. The terms of any loan shall not exceed the following: (a) Maximum term - 10 years. (b) Remaining economic life shall be equal to or greater than the maximum term. 7. All action on loan applications shall be certified by the Chairman of the Board and the Superintendent of the Rehabilitation Loan Office. Applicant Eligibility A. Owner of a business such as a laundromat, drugstore, cleaners, neighborhood convenience store or service establishment. The following are examples of service establishments: Hardware Store Gas Station Grocery Store Furniture Store Restaurant Washateria Florist Barber Shop Appliance Repair 4 Bowling Alley Upholstery and Furniture Repair Movie Theatre Shoe Repair Professional Offices j All establishments whose primary income is generated i from the sale of alcoholic beverages are ineligible. B. Purchaser(s) of a business location must have ownership and/or management experience in an existing eligible establishment. C. Owner must hold a general warranty, deed and/or a deed of trust to property executed six (6) months prior to submitting an application for rehabilitation assistance. D. Owner cannot be delinquent in the payment of mortgage or land contract payments by more than sixty (60) days. E:. The applicant must evidence adequate capacity to repay the loan and have a satisfactory record of fulfilling previous obligations. F. Business owners will not be eligible for loan payment subsidies. G. Maximum amount that can be borrowed for any one construction project will be established by The Loan Advisory Board upon the recommendation of the Rehabilitation Division. H. Property owner may provide a qualified cosigner who will assume responsibility for payment of the rehabilitation loan. 5 i� Property Eligibility Rehabilitation loan may be made only to properties meeting the following requirements: 1. Rehabilitation work needed in order to physically improve or correct an existing structure so that it will comply with the intended usage - laundromat, cleaning establishment, drugstore, neighborhood convenient store or service establishments. The following are examples of service establishments: Hardware Store Gas Station Grocery Store Furniture Store Restaurant Washateria Florist Barber Shop Appliance Repair Bowling Alley Upholstery and Furniture Repair Movie Theatre Shoe Repair Professional Offices All establishments whose primary income is generated from the sale of alcoholic beverages are ineligible. 6 r ' 2. Located within Census Tract Seventeen (17) - the designated CDBG Strategy Area. 3. The appraised value exclusive of land must exceed $10,000.00. Loan Limitations A. The maximum amount of loan funds which may be used to refinance existing debts secured by the property cannot exceed $10,000.00. B. Funds may not be used to refinance existing or future debts on the business inventory. - C. Rehabilitation work required to comply with intended usage must meet the Standard Building Codes for The City of Beaumont. Security for Rehabilitation Loan A. All rehabilitation loans will be secured by a properly executed real estate lien note and deed of trust in favor of The City of Beaumont. B. Adequate hazard insurance must be maintained for the duration of the loan. Terms of Loan A. The interest on rehabilitation loans shall be figured at five ' (5) percent. 7 B. The maximum term of the rehabilitation loans shall not exceed ten (10) years. C. Owner must agree to an annual review during the length of the loan by The Rehabilitation Division of The City of Beaumont. A financial statement prepared by a Certified Public Accountant (CPA) containing a statement of operations will be required. D. If the business does not remain financially sound, the owner will be required to seek financial counseling or The City of Beaumont will declare the note due and payable. Cost Includable in Rehabilitation Loan Rehabilitation loan may include amounts for the following purposes: 1. Rehabilitation loan must cover the cost of correcting, rearranging and rehabilitation of the existing structure in order to conform with the intended usage. 2. The cost of certain expenses related to the processing of the application and to obtain security for the loan is included. Such expenses are: (a) Title reports. (b) Attorney certificates. (c) Recording and other fees. (d) Appraisals. (e) - Bid packages. 8 1 Cancellation of Lien To prevent inappropriate windfall profits from the resale of the property, The City of Beaumont will place a lien upon the property for the amount of the loan. If any of the following events occur during the term of the loan, the remaining balance must be repaid: 1 . The sale of all or any interest in the subject property. 2. The death of the original loan recipient (in the case of a husband and wife) . If both parties to this loan shall decease during its term, the heirs/or executor for the estate would then be required to assume and pay the remaining balance. 3. A breach of any of the terms of the lien. Applicant Responsibilities A. The applicant must allow The City of Beaumont rehabilitation loan specialist(s) to examine the building to be rehabilitated. The needs and cost of rehabilitation will be developed by the rehabilitation specialist and the property owner. B. The applicant can encourage his own contractor to participate in the competitive bidding. All contractors must meet the requirements of the Rehabilitation and Building Inspection Division. 9 r � WAS September 30, 1983 2. " Council Letter 23 Honorable Mayor and Memb&s of City Council Subject: Gift Catalog for Parks and Recreation Department Dr. Bruce Drury, Chairman of the Parks Advisory Committee, and Larry Porter, a member, have requested time with Council to discuss the development of a Gift Catalog. WE! have provided some preliminary work on the subject. Karl Nollenberger City Manager PRIVATE GIVING A BEAUMONT TRADITIO Introduction Private donation of land, cash, and facilities for the improvement of Beaumont ' s quality of life is a proud local tradition. The ?�aJ_ority of our city 's public parks have been donated by people interested in making Beaumont a more beautiful,, healthy place to live. Major public landmarks , such as the Miller Branch Library and the Julie Rogers Theatre , are also testimonials to the generosity of Beaumont ' s citizens . The Beaumont Green Spaces Gifts catalog is an effort to continue this tradition of private giving by providing opportunities _interested individuals, families, and businesses tot make ltaxfor deductible donations for public recreation and beautification ! projects . Flow to Use the Catalog The catalog shows examples of a wide range of improvements -- from trees to swimming pools , from park benches to community centers - needed in Beaumont ' s park system. Donations may specified improvements at the park of the donor 'sbchoicce or the donor may make a contribution to be used where ever the need is greatest. A dona- [BEAUMONT oNATEO BY THE tion form and a telephone number for fib', information contacts are provided at the back of the catalog. KNIGHTS Benefits of Donations Aside from making Beaumont a better place to live, your donation may be used as an income tax deduction, led ed b an Plaque of over $10 , 000 will be acknow- ledged Y on-site laque with the donor' s name . The City Council will also consider allowing donors of park sites or other major additions to the park system to choose the name of the new facility- Donors can be assured that their contributions will be well used. The City of Beaumont has had a Comprehensive Plan for development of the park system since 1980. All new park projects are built in accordance with master site `AW&*rbm 2O • `'""""""'°^° (r I., r :,r.,, . plans prepared by ,L.••prf& Rartrte.. r�....o..1_1,,, . a registered . C~c•r..p . . landscape architect. +�� -5�-• , ...,,, �: 27 C: .c... r.e.. r. .. D Ao.:...v.1G rn w .w •n... N lo,• uu.�tr rv�o..•, t•n•.. --------------- enefits- T � I:roup Projects 'rree Program ,Adopt-a-Park (Expert Services Labor / Ste:ting Program ltemp,) aoa■■■■a■oaeo■■o■■■■aoae■o■o■a■■■■■■■■■■■ � • ■oao■■■oao■■■ooae■o■■■oaea■■■v■o■■■■■■■■■ AOCE KEITH PARK : : • • oaa■■oaa000■■■a■■■■■oovo■o■o■■■■■■■■■■■■■ aNWOOD PARK ■ea■■■■oaoo■■■oo■■■■■aoa■aao■■■■■■■■■■■■■ _CARROLL STREET . . . ■oao■■noon■■■■■■■■■■■■oa■v■a■■■■■■■■■■■o■ ■oo■■aaoov■■■oaoo■■■aaoo■v■o■ao■■■■!�■■■■■ � R ■■■■■■e■o■■■■■■■■■■■■oo■■o■o■■■■■■■■■■■■ AV PARK o■■■■■oao■■■■■■■■■mo■v■o■a■■■■■■■■■■■■� PARK ■■■■■■eao■■■■■■o■■■■ci000■a■o■■■■■■■■■■■■■ PROPERTY ■■ems©■■■■�!:■■ c�■■: :s■■::■■■■■■■■■ LOICKSON R PARK ■■■■■■■v■■■■■■■■■■■■■o■■■o■■■a■■■■■■■o■■■ TORREST • • • ■■ao■■■■o■■■■■■■■■■■■000■o■■■■■■■■■o■■■ii • • ■■o■■■■■e■■■■■■■■■■■■■■■■v■■■■■■■■■■■■■■■ • • ■■■■■■a■■■■■■■■■■■■■■■■■■o■■■■■■■■■■■■■■■ -H-EBERT PARK ■■■a■■■■■■■■■oo■■■■■■000■a■a■■■■■■■■■■■■■ REED • • . ■■■■■■■■■■■■■■■■■■■■■o■eoe■o■■■�■■■■■■■■■ lLKLEIN •A• ■■■■ee■e■eooeos■■■e■■■aoa000■■■a■■■■■■■■■ LIBERIA •A• ■■o■■eeaoo■■■■■o■■■■o■oaaaoo■■■■■■■■■■■■■ ■■■■■oeoo■a■ooe■■■■■a000■v■e■■■■o■■■■■■■■ ! MORGAN • • ■oo■■■�i■■■■■■■■■■aao■■vaoa■o■■■■■■■o■■■■ ■■■■■■■■a■■■■■■■■■■■■a■■■a■■■■■■■■■■■■s■ . . . , • ■■a■■■■eo■■■■■e■■■■■■■■■■a■■■■■■■■■■■■■■ , PINE STREET PARK doe■■■0000■■■■e■■■■■a■a■■000■■■■■■■■■■■■■ ■■■■■e e■■■■■e■■■■■■eeo■ ■e■■■■■■■■■■■■■ ' ;. . ' PARK ■■Dove ea■■■■■■■■■■■o o■�i■■■■■■■■■■■■o■■ ROBERTS PARK ■■flo . . e e■o■■■000■■■e■ a■nao■ao■■■■■■■■■ 7W'LANE PROPERTY eee■eo e■e■■ae■e■■■oeoeooeeo■■■■■■■■■■■■ . . ■■■■■�� ■oa ea■■aeno■aeo■■■■■ ■■ ■ Benched: $250.00 ea. Every park has the need for benches to provide ample seating for park users. Drinking Fountains: $250.00 ea. Water is a key element of every park and many of Beaumonts' parks have no adequate drinking facilities. Share a drink with Beaumont, give a fountain. Trash Cans: $ 50.00 ea. A park full of litter is not only un- sitely, but unhealthy. Pickup your part with a trash can. Trees: $50-500 ea. The visual appeal and natural air- 1/1 conditioning of Beaumonts' parks depends heavily on the presence of large trees. Plant a tree for Beaurronts' tomorrow. Picnic Tables: $400.00 ea. Picnicking is a popular family recreational activity and picnic tables not only provide a place to eat, but define which areas of the park are for picnic use. — - z =Charcoal Grills: $75-300 ea. What's a picnic without a r 11 ! Protect Beaumonts' parks from fire—&F—age, donate u a arill . Park It r ` Shelters In Beaumont, protection from the hot sun or a downpour are two of the most important needs to support an active park. Shelters provide this service and at the same time can enhance the parks with an added visual character. Show your civic character by donatina a shelter. Gazebos 55,000410,000 ea. Pavilions $15,000-40,000 ea. Multi-Purpose Covered Courts $50,000 I� C • L f r - Playgrounds 7 a Building a Rla�yground is providing for the }} healthy growtpFoof our future, our children. • 1 To replace, update or build new play- • rroounndds is a constant challenge and -need of our city. Invest in the future by • ( helping to build our playgrounds. Playground Equipment $250-2,000 ea. Playground Systems $2,000-7,000 ea. Entire Playground $20,000-40,000 ea. Jogging Systems Jogging and exercise are two of today's most popular act ties. Serving people of all ages, the demand for several systems sV in Beaumont is great. Be a backer of 1� good health and help create a fun way to - exercise M 10 ACt[M IID4D Exercise Stations $8,000 ea. Walking b Jogging trail (slag) 116,000 per mile Total system (12-2 miles) $30,000-45,000 ■ Mpjor Itemp CD CuI CL � r. Tres Spades Grading / Drainage Equipment Storage Shed Improvements / Repairs Functional item • -..nom, � • MAO M. VL • Afa AM im ON' cif �t� �--_ • �� 111 rl °0 :111 jam. _�,. s.,► Imo; `I/� r ►�li��!' ANAHEIM PARKS., RECREATION AND COMMUNIT SERVICES DEPARTMENT Dear Corporate Representative; The Anaheim Parks, Recreation and Community Services Department is anxious to get your reaction to our new Gifts Catalogue—Corporate Edition! Our last Gifts Catalogue, published in 1979, generated over $70,000 in donations from over 70 corporations, businesses, service clubs, and private individuals. We are committed to improving that mark through your help and participation in this newest edition, packed with donation ideas for you and your firm to consider! We see this program as a good chance to demonstrate your commitment to the Anaheim Community. This publication outlines items which are needed in several of our programs. Some donations generated by our last Gifts Catalogue, for example, were CB units, a piano, an Amphitheatre for the Nature Center, 70 Sycamore trees for Peralta Park, funding for the "Indian Summer Program," display cases for the Nature Center, and many more. If you are interested in participating in this program, we are anxious to give you more information! Please fill out the convenient form inside the back cover of this Catalogue, and send it in to us. A Department representative will contact you with more details. SLIDE PRESENTATIONS, SPEAKERS, AND OTHER INFORMATION ARE AT YOUR DISPOSAL. CONTACT THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT AT (714) 999-5191 TO SCHEDULE AN APPOINTMENT AND FIND OUT MORE ABOUT THIS EXCITING NEW PROGRAM. This is an excellent opportunity for your company to assist our Department in providing services which can be mutually beneficial to your firm, our Department, and — more importantly — the citizens of Anaheim! Thank you for your support, and we look forward to hearing from you soon. Please join us in our commitment to continued high quality Leisure Services in Anaheim! Sincerely, James D. Ruth Deputy City Manager WHY SHOULD YOUR CORPORATION GET INVOLVED? * Tax Advantages — All donations are tax deductible, thereby assisting you in generating those important deductions! We will provide an official letter of thanks describing the item donated and it's monetary value. *Community Service — The public certainly looks favorably upon corporations which get involved in public service projects. Citizens have a good track record of supporting those firms which put something back into the community which supports them. * Public Relations — Our staff is ready and anxious to work with you in making sure your gift is well-recognized throughout the community. News releases, publicity photos, dedication coverage, plaques, City Council recognition, and recognition in our quarterly brochure with a circulation of 90,000, are all ways we intend to "spread the word" about your firm's generous donation. * Image Building — Your corporation's name associated with Recreation Programs will bring you more business because of the all-important name/image identification factor. Let us help you build your image! Additional Incentives for gifts valued at: $ 100 — $1499 Certificate of Appreciation $1500 — $4999 Gold plaque presented by Park & Recreation Commision $5000 + Bronze Medallion presented by City Council- or any other form of recognition mutually agreed upon. I A HOW CAN YOU HELP? HERE'S HOW! — Cash donation (Figures outlined on following pages) — In-Kind Services (Such as building services, printing, taxidermy, etc.) — Merchandise/Products (Such as TV set, movie projector,sofa, Vacuum, Reader Board, Etc.) — Volunteers for Projects (Such as show productions, special events, etc.) — Materials (Such as electrical, plumbing, building, etc.) — Co-Sponsorship of an Event (Combine donations to provide a complete service or event for the community.) Anaheim is very fortunate to have so many beautiful parks for r everyone's enjoyment. With new parks being dedicated and - continual upkeep of existing open space areas, we need help in furnishing them with a variety of items. Would your company like to "take on" a park project worthy of official public recognition? PLAY EQUIPMENT . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$500—$20,000 Those favorites of young people! Swing sets, bars, wooden play structures, etc., are needed to replace old structures at many parks. Leave a legacy of fun for future generations! Your firm's name associated with a project like this will really establish that image you're looking for! EXERCISE/JOGGING COURSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6000 Fitness is in! Flab is out! A couple of our large parks could contain this self-serve station-to-station course of exercises designed for all around fitness. Help us fill the need for more fitness activities! FRISBEE GOLF COURSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$5000—$7000 Frisbee madness has hit Anaheim! The existing course at Reid Park is constantly being used. We need another course at a different park to meet the community's needs for Frisbee fun! Metal baskets for the holes and starting blocks for tees provide an easy-to-follow course. A formal dedication of the course by City Council members will recognize your generous contribution to Anaheim's leisure needs! OUTDOOR CLASSROOM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2500—$3500 To be used at Oak Canyon Nature Center for the "Indian Summer" children's program as well as others. It would consist of wooden benches "amphitheatre style" and a platform. This naturally beautiful setting is ideal for outdoor educational programs on nature topics. What a great project for your corporation! GROVE OF TREES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60 ea. or $600—$1200 To plant in new parks and existing park areas. Establishing a grove of trees which people can enjoy for decades, is a truly worthwhile project for your firm. Help create a natural environment in your community! OTHER DONATION OPPORTUNITIES FOR PARKS ARE: Park Identification Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2000 ea. park Park Trail Guides and Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500 ea. park Park Directional Signs for Nearby Streets. . . . . • • • • • . • . • • • • . • . . • • • $50 ea. Parks 'THERE ARE MANY OTHER OPPORTUNITIES TO SUPPORT THE ARTS AND CULTURAL ACTIVITIES OF ANAHEIM: Portable Dressing Rooms for Pearson Theatre. . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,500 Poster/Banner Stencil Letters for Publicity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$700 Sponsor a one-day Workshop in Particular Media in the Arts . . . . . . . . . . . . . $300-700 Supplementary Sound System for Pearson Theatre. . . . . . . . . . . . . . . . . . . . . $300 & up Sponsor a "Theatre for Children" Program. . . . . . . . . . . . . . . . . . . . . . . . . . . $200-500 Sponsor a Film Festival with Multi-Media Emphasis . . . . . . . . . . . . . . . . . . . . $200 & up Provide an "Artist in Residence" for the Community on a Weekly, Monthly, or More Often Basis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200 & up Sponsor a Magic Show. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150—$1000 Lavalier Microphones (they clip to clothing). . . . . . . . . . . . . . . . . . . . . . . . . . $150-300 Walkie Talkie Set for Special Event Supervision . . . . . . . . . . . . . . . . . . . . . . . . . . . .$180 Sponsor Street Theatre Performers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150-250 Easels to Display Posters or Art Work. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 & up Lighting Equipment (Individual Spotlights all the way to a complete pkg.) $100—$1000 Sponsor an Anaheim Photo-Festival . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100-500 Provide Cash or Merchandise Prizes for Art Contest . . . . . . . . . . . . . . . . . . . . $100 & up Provide Bilingual Programs in Any Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 & up Sponsor a Special Event for a Holiday or "Just Because" . . . . . . . . . . . . . . . . $100 & up Sponsor a Band/Orchestra with a Community College Band/Orchestra. . . . . . $100 & up The Arts) S • ti ouq�Eq Anaheim has the largest Senior Citizen program in the country with a club membership of over 5,000. Do the elderly use your product or service? If so, both of you could benefit from your gift. Your donation is badly needed and would be publicized and duly recognized as a fine contribution to the Senior Citizen Movement! CHAIR—LIFT ELEVATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,000 To transport handicapped individuals to the second floor of the Anaheim Senior Citizens Center, where they can participate in classes, billiards, and other recreational activities held upstairs. A plaque installed at the elevator would testify to your generous donation while passersby will see your demonstrated concern for the handicapped and elderly! SHOW WAGON RENTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$400 To be used at the Senior Citizens All-States picnic held annually in August. This portable stage provides a place for day-long entertainment for Seniors who look forward to this event all year long. Can you picture hundreds of Senior Citizens enjoying the entertainment and seeing your firm's name on a large banner attached to the Show Wagon? FIVE (5) SELF—CONTAINED BLOOD PRESSURE CUFFS. . . . . . . . . . . . . . . . .$250 each To be used by Seniors themselves in taking their own blood pressure. Your donations would keep hundreds of elderly aware of their health status, thus preventing undetected illness. YOUR gift would be highly publicized by local newspapers, whose pages are regularly filled with health and Senior Citizen stories! ONE (1) MONTH'S PRINTING OF THE "COURIER" . . . . . . . . . . . . . . . . . . . . $1,000 or in-kind service The official publication of Anaheim Senior Citizen's Club, Inc., needs financial assistance (or in-kind service) for printing. Recognition of your donation, as printed in the "Courier", would go to over 5,000 Club members. OTHER PROJECTS WHICH COULD USE YOUR ASSISTANCE ARE: Sponsorship of the Annual All-States Picnic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,000 Four (4) Sun-Covers for Tables in Colony Park. . . . . . . . . . . . . . . . . . . . . . . . . . . .$300 each Christman/Thanksgiving Meal Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$200 Senior Citizens ,/ Anaheim Citizens have supported and enjoyed Arts programs for many years. There are many opportunities for growth in the cultural aspects of Anaheim living, and the public wants more! Your support could effectively lift your own public Iimage as your contribution adds to the quality of life for the thousands of Arts supporters in this community! PORTABLE WOODEN DANCE FLOOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,500 To be used wherever suitable flooring is not available for a performance. Wooden flooring can be used at Pearson Theatre and will attract more Ballet, Folk, Tap, Country, and other dance groups to perform at the Theatre. Being portable, it can also be moved to other parks and buildings for cultural events and activities. Your contribution would truly support the performing arts in Anaheim and demonstrate your firm's fine community service ethic. SPONSOR A LOCAL PRODUCTION OF A BROADWAY PLAY . . . . . . . . $5,000—$7,000 This Community would like nothing better than to experience a top-flight professional production right here in town! Rising ticket prices and traveling long distances often prohibit citizens from enjoying a first-class production. Your sponsorship of this event would associate your corporation's name with Professional Theatre as it comes to Anaheim! READER BOARD AT PEARSON PARK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500 To be located on Harbor Blvd., just north of Lincoln, this message board would announce Pearson Park Theatre programs as well as other community messages. The better informed public will greatly appreciate this vehicle for information and will see who's responsible for it as they see your company's name inscribed clearly on the board. Your name connected with Arts programs should reap many benefits for you! THEATRE MARQUEE AND LIGHTED POSTER DISPLAY CASE. . . . . . . . . . . . . $ 2,500 To be located at Pearson Park Theatre, this marquee would announce upcoming performances and events. Currently, there is no place to display posters and other means of publicity for the Theatre. Can you help? PORTABLE KIOSK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500 To inform the public of special City-wide events. This large sign-board can be moved to key locations throughout the City, affording all citizens the opportunity to find out about events and programs we offer. Your firm's name inscribed on the Kiosk will demonstrate to all passersby that you care about the community and support these cultural programs and special City- wide events. The Arts especial Items A variety of recreation programs have special needs for your consideration, does any one "O o • of them strike your fancy? We could sure use i your support! OFFICE BUILDING FOR CANYON HIGH SCHOOL POOL. . . . . . . . . . . . . . . . . . $10,000 To use as a control center for the pool operation. Running out of funds to build this important building, both the school and the City recreation swim programs would benefit greatly from this generous donation. You benefit from publicity and a large tax advantage; Anaheim citizens benefit from the utilization of the building! F=LOOR EXERCISE MAT FOR GYMNASTICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $61000 Have you seen Olympic Gymnastics Competition on TV? We have our own group of "budding stars" in the Anaheim Illusions Gymnastics Team. A new floor exercise mat is needed to replace the old one which is worn and in need of repair. Your generous contribution would enable the youth to perform on safe, reliable equipment and improve their progress toward high quallity gymnastics. Your corporation will be identified as supporting our Community's youth and investing in tomorrow's leaders! SPONSOR THE PRINTING OF A RECREATION BROCHURE . . . . . . . . . . . . . . . . $5,000 How would you like to see yourfirm's name on the inside front cover or back cover of our quarterly brochure? With a circulation of 90,000 this exposure is unequaled in normal advertising channels. You donate the printing, and we put your ad where you'll receive the recognition you deserve! READER BOARD FOR BROOKHURST COMMUNITY CENTER . . . . . . . . . . . . . . $2,500 To inform the public of up-coming events. This sign board would help increase the usage of this versatile Community Center, and afford community groups the chance to publicize their events. Your gift with your firm's name on it would be seen by hundreds of drivers weekly. Could your company use that kind of exposure? Special s ./ { s Sponsor the Annual Volunteer Recognition Banquet and Incentives. . . . . . . . . . . . . . $2,000 To recognize and reward those hardworking volunteers for all the hours of volunteer work done for City recreation programs. Your firm's name associated with this event will spread your good will in a very visible way. Anaheim City Council members and other V.I.P.'s attend this annual function. Sponsorship of this event will aid your public image greatly! Adult Sports Season Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . $1,500 i or in-kind services To cover costs of typesetting of a seasonal guide to rules and teams. Can you picture your full-page courtesy ad in this book which would go to all managers and players of adult sports teams? Can you use that kind of exposure? Canvas Shelter for Loara High School Pool. . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . $1,200 To provide shade for parents during morning swim lessons. This gift would really boost attendance at these lessons, affording more kids the chance to learn how to swim. Can you help? Kodak Ektagraphic Slide Projector or Video Machine. . . . . . . . . . . . . . . . . . . .$460—$1,200 To assist in training volunteers and City staff. Our volunteer program, which involves hundreds of citizens in City recreation programs, is growing by leaps and bounds and we'd like to communicate the message to the public. This equipment will be used extensively for this program as well as general Departmental Public Relations. Each slide or video program we do will contain credits to your company, not to mention good publicity when the equipment or funds are presented to us! Live Potted Plants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$275 To enhance the indoor environment of Brookhurst Community Center for the thousands of annual users of this facility. Many users will see the wall plaques and recognize your company's contribution to this beautiful Community Center! Parachute for Playground Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $115 & up To be used in our Gamemobile for the enjoyment of hundreds of youngsters. A parachute is the source of many fun and creative games, and can be utilized where space is limited. Your donation for this colorful gift will be appreciated for years to come! Game Boards and Tripods. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100& up To use at City parks and school playgrounds for elementary-aged recreation programs. These items are a traditional favorite with young people! We'll set up the publicity shots for the newspapers if you supply the game boards! Special s-� As modern buildings, parking lots, houses, and streets begin to sprawl across our open space areas, more and more Anaheim citizens are taking advantage of the beautiful serenity and natural environment of Oak Canyon Nature Center, located in Anaheim Hills. Educational, interpretive, and recreational r, programs are offered year round for the opportunity to 1 7 1 Vature "smell the flowers along the way" in a peaceful, natural setting. Can you help enhance these programs and lend your company's name to the "Environmental Movement"? GOLFCART. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,100 To patrol the canyon floor area. This item would keep fumes and dust, caused by motorized vehicles, out of this beautifully natural environment. Visitors and staff alike would use the cart in a number of ways. City publicity shots of you and City officials taking the "first ride" at the Center would really enhance your public image! ANIMAL AND SNAKE DISPLAY FOR 8' X W ROOM . . . . . . . . . . . . . . . . . . $750—$1000 Learning about animals is done best when you're "up close" to them. This display would be a protected area to display live animals which can be serviced, fed, and exhibited by the staff. Plaques recognizing your company's generous donation would be proudly displayed at this exhibit. The public is still generally concerned about the environment, and your association with this project will reap many public relations benefits for you! UTILITY SINK AND HOT WATER HEATER INSTALLATION. . . . . . . . . . . . $500—$700 We already have the sink! We just need it installed and the addition or in-kind of a hot water heater. These items are needed to better serve the services animals and visitors to the Center. OTHER ITEMS YOU COULD PROVIDE ARE: Film strip Projector and Film strips. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$150 Miscellaneous Science Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .up to $100 Plexiglass Display Cubes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 & up ShopVacuum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$50 Mounted Specimens: Racoon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$200 GrayFox. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$175 Great Horned Owl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$100 Small Native Birds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$60 each Nature Progral- 11i f / Community 0 munity Services Anaheim Community Services, established in 1975, identifies human service needs in the community and y provides or m facilitates the resources needed to fill these needs. TLC for 0 Senior Citizens, Child Care, Senior Day Care, Teen Recreation i Center, Legal Counseling, Information and Referral, Crisis Intervention/Outreach Services, and Educational programs are offered at the new Washington Community Center. Your support of these programs is greatly needed and would be looked upon as a valuable community service. ACCORDIAN STYLE ROOM PARTITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,000 To separate the large multipurpose room at Washington Community Center into two meeting rooms. Senior Citizens, neighborhood groups, young adults, and program agency directors would all benefit from this generous donation. Do these people use your products or services? These groups would see your firm's name on a plaque inside the room and acknowledge your community spirit! MOVIE PROJECTOR AND SCREEN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$800 To use for educational and recreational purposes for the groups listed above. The local press would give heavy play to your company's donation, as it will enhance programs designed for the under-privileged. CONFERENCE TABLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$560 To be used in the Conference Room of Washington Community Center. The newly dedicated facility is still lacking a few basic necessities and this conference table is one of them! It would be used for community groups, etc. Could your corporation use some support from these groups? I TWSET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$400 To be used in the Senior Day Center. Television provides low-key entertainment to Seniors, who would greatly utilize this gift. The community would acknowledge your firm as one who cares about this special group of people - and you'll reap benefits, too! SOFA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$400 To be used in hallway area in Washington Community Center. Many less mobile seniors would utilize this gift heavily. A sofa would provide comfort for those waiting for Human Services Assistance. Can you provide a helping hand? r Commu nit y Services) wE.�a Like to thank paCI f I c telephone for being the first company supporting our second Gifts Catalogue — Corporate Edition! Their support shows a keen interest in the Anaheim Community and demonstrates the viability of this new and exciting Gifts Catalogue Program. hop on the Band wagon ana Be a pant of It ! r PLEASE CLIP OUT AND MAIL TO: Anaheim Parks, Recreation and Community Services Department 200 So. Anaheim Blvd., Anaheim, California 92805 Attn: Tim Barry Name Firm Address City Zip Telephone If you have any questions, contact: Tim Rarrv, Recreation Services Manager at 999-5191 September 28,: 1983 Council letter`:3 fY • _ _ .r .�iY,�- .s -( �''+'..i-" �C'+is.��!':�•s,'-'•..�..,_ +zti -.:.._��Ta_.�.?....>2•yry _'-�f.17 y ! i�.I ....1. - . L' ate; j �� y .. r•'�^ (.�.;- 7 - r ,,. _ '.j - •• "Nrri �i`-.T •rhJ ice" Honorabl e Ma -and - Mayor . _ - Members of City Council Subject: Art -in Public-Places " At the Mayor's request, the Planning Department initiated the pre-application process for an "Art in Public Places" grant from the National Endowment for the Arts (NEA) on May 27th of this year. The proposed grant would provide up to $50,000 (to be matched locally at least dollar-for-dollar) for placement of a sculpture on Riverfront Park. We received a letter September 19th solicit- ing a full application. " This application is due December 15, 1983. If the City decides to apply for this grant, the following steps must be taken: 1. Funds must eventually be raised for providing at least $50,000 for the local matching share. A fund-raising plan must be included in the application. 2. A selection panel must be appointed to select the artist who will be commissioned to create the sculpture. The selection panel should consist of three to five voting members, of which two are nationally recognized profes- sionals in the contemporary arts field with experience in art in public places. A list of persons meeting these qualifications has been provided by the NEA. 3- The NEA staff recommends that the selection should hold a two-day meeting to devise a master plan for a local art in public places program and to select an artist for the proposed grant project. 4. The public must be involved in the selection process through strategies such as a broad-based fund-raising drive, a public information campaign, lectures, exhibi- tions or sumposia, and dedication ceremonies. If we are to apply for this grant by December 15th, Council should appoint a selection committee and make arrangements for fund-raising as soon as pos- sible. Karl Nollenberger City Manager CALENDAR • Monday, October 3 - 9:00 A.M. - Meeting 3:00 P.M. - Council Chambers Planning Commission Meeting • Tuesday, October 4 - 9:00 A.M. - Meeting 1:15 P.M. - Council Chambers Council Meeting, followed by Work Session • Wednesday, October 5 - Beaumont Country Club 6:00 P.M. - AGC of Texas Annual Meeting • Thursday, October 6 - Beaumont Country Club (MAYOR & MRS. NEILD) 7:00 P.M. - Cocktails „ 7:45 P.M. - Dinner - Fair Ladies Nite Friday, October 7 thru' Sunday, October 9 - Houston 'Texas Municipal League 71st Annual Conference & Exhibition • Monday, October 10 - SETRPC Conference Room 2:00 !P.M. - Private Industry Council Budget Sub-Committee & Planning Review Sub-Committee Joint Meeting * MAYOR