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HomeMy WebLinkAboutPACKET JAN 17 1984 AGENDA REGULAR SESSION OF THE CITY COUNCIL JANUARY 17, 1984 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. * Public Hearing - Entex Rate Increase. 1. A resolution accepting the recommendation of the Human Relations Com- mittee. 2. An ordinance amending Section 30-37-E.2.b. of the Zoning Ordinance. 3. An ordinance amending Section 30-28.D.2. of the Zoning Ordinance. 4. An ordinance amending Section 30-25.C.17, of the Zoning Ordinance. 5. An ordinance amending the Standard Industrial Code (SIC) , Group 5813, relating to "drinking places". 6. An ordinance amending the Standard Industrial Code (SIC) , Group 7394, relating to "equipment rental and leasing services". 7. An ordinance authorizing intervention in Public Utility Commission Docket No. 5560: Application of Gulf States Utilities Company for in- crease in rates; authorizing retention and payment of Touche Ross and Company as rate consultants; suspending the effective date of the in- crease for 90 days; and assessing expenses against Gulf States Utilites Company. 8. A resolution authorizin g Cit y p construct- ing a portion of Willow BendDrriveparticipation asatresidenti� c alcollectorrstreet. 9. A resolution authorizing execution of an agreement with the Texas De- partment of Water Resources for the EPA Sanitary Sewer Construction Grant, Step III , Phase III. Council Agenda January 17, 1984 Page 2 10. A resolution accepting as complete the work performed on the Magnolia Park covered play area and authorizing final payment to the contractor. 11. A resolution authorizing purchase of a boring machine for the Sewer Maintenance Division. 12. A resolution awarding the bid for a computerized legal research system. 13. An ordinance providing a discount of health fees for youth and elderly- oriented organizations. 14. A resolution employing the White Budd Van Ness Partnership for archi- tectural services. Other business. Hear citizens. Adjourn. January 13, 1984 Council Letter 265 Honorable Mayor and Members of City Council Subject: Entex Rate Increase Public Hearing On December 5, 1983, Entex, Inc. filed its statement of intent to increase gas rates within the City of Beaumont. The total proposed increase is $228,147 which, if granted in full , will increase Entex revenues a little over one percent. The City has original jurisdiction over the rates of Entex within the City, and prior to changing rates, must hold a public hearing. The staff is presently reviewing the request and will have a report to the Council by the end of January. It is recommended that the City Council hold a public hearing and delay de- cision-making until the end of January. �a 'VQ(Ul Karl Nollenberger City Manager t J 1. January 13, 1984 Council Letter 276 Honorable Mayor and Members of City Council Subject: Acceptance of Recommendation from Human Realtions Committee A resolution has been proposed which accepts the recommendation of the Human Relations Committee to place the issue of the renaming of Washington Boule- vard in honor of Dr. Martin Luther King on the April 7th ballot. 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 recommendation of the Human Relations Committee to lace the P , issue of the renaming of Washington Boulevard in honor of Dr. Martin Luther King on the April 7th ballot is hereby accepted and the City Manager is hereby directed to have the issue included in the ordinance calling the election to be held April 7 , 1984. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - I 2. January 13, 1984 Council Letter 254 Honorable Mayor and Members of City Council Subject: Amendment of Section 30-37.E.2.b. of the Zoning Ordinance Recently, the Board of Adjustment has considered several requests for variances on existing nonconforming buildings to allow for encroachments onto the required side yard setback established under the Zoning Code. The existing code requires that structures be at least a certain number of feet from the property line (dependent upon the zoning classification) in order to protect the property rights of adjacent owners and to provide for fire safety. The Board of Adjustment has requested the adoption of an ordinance amendment which would allow a special exception for nonconforming buildings which encroach the required side yard setback. Nonconforming buildings are those that are already constructed and are closer to the property line than allowed for in the Zoning Code. The principle purpose behind the requested ordinance amendment is to allow an existing business or residence to con- struct an addition along an existing wall where the primary structure en- croaches into the setback. The purpose of the ordinance amendment to Section 30-37.E.2.b of the Zoning Code is to remove the more burdensome provisions of a variance procedure for these instances and substitute a special exception procedure. A variance requires the applicant to demonstrate the compliance with all three conditions set out in the ordinance: 1. It will not be contrary to the public interest. 2. Enforcement of the ordinance will result in un- necessary hardship. 3. The spirit of the ordinance will be observed. A special exception merely requires the applicant to present an existinn condition which, in most cases, was present through no fault of the appli- cant and one contrary to existing code requirement. It must be shown, however, that the existing condition was brought about by no action of the applicant. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager �d ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION PROVIDING AN EXCEPTION FROM THE MINIMUM SIDE YARD SETBACK REQUIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 30, Section 30-37( e) (2) (b) of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended by adding the following: Section 30-37( e ) (2 ) (b) ( 6 ) An exception from the minimum side yard setback requirement where a nonconforming building was in existence at the time of the passage of this ordinance. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . w r Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Article 179(d) of Vernon' s Annotated Civil Statutes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 2 - r. 3. January 13, 1984 Council Letter 255 Honorable Mayor and Members of City Council Subject: Amendment to Section 30-28.D.2. of the Zoning Ordinance At a joint public hearing held December 19, 1983, City Council and the Planning Commission considered an ordinance that would alter the require- ment for receiving an ajustment of the maximum height allowed for a sign from a variance to a special exception. Advertising billboards currently have a maximum height allowance of 40 feet from the crown (or middle) of the adjacent road to which the sign is oriented. There is a provision for the granting of a variance by the Board of Adjustment to a maximum of 50 feet if the Board decides the sign, at a lower height, is blocked, or is blocking an existing sign or structure. Attached to this Council letter is a proposed amendment to the Zoning Code, Section 30-28.D.2. , which would change the requirement from a variance to a special exception. The difference between the two is in the burden of proof required of the applicant. To receive a variance, the applicant must prove that the height requirement is contrary to the public interest; literal enforcement will result in unnecessary hardship; and the spirit of the ordinance will be observed. To receive a special exception, the ap- plicant must prove the height restriction is a hardship as a result of existing conditions on other properties. The Planning Commission recommended approval by a vote of 5 to 0. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 SECTION 30-28(D) (2 ) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT CONCERNING THE HEIGHT OF SIGNS; PROVIDING FOR SEVERABILITY ; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 30, Section 30-28(d) (2 ) the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 30-28( d) (2 ) Height. Advertising signs shall not be greater than forty ( 40) feet in height as measured from the crown of the adjacent roadway to which the sign is oriented; provided that the board of adjustment may grant a special exception for a sign not to exceed fifty ( 50) feet in height when, in its judgment, the sign will, at a lower height, block existing signs or structures from view or be so blocked from view. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Article 179(d) of Vernon' s Annotated Civil Statutes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 2 - 4. January 13, 1984 Council Letter 257 Honorable Mayor and Members of City Council Subject: Amendment to Section 30-25.C. of the Zoning Ordinance At its joint public hearing held December 19, 1983, the Planning Commission and City Council considered an amendment that would alter the current 25-rear setback requirement for single-family dwellings. A rear setback requirement is the distance from the rear property line to the residential structure. This is timely in that new single-family detached housing is beginning a trend toward smaller lots and maximum buildable area on these lots. With this in mind, staff feels that the current 25-foot rear setback re- quirement unreasonably reduces the amount of buildable area when a detached garage is built. The proposed amendment would allow a reduction in the 25- foot rear yard requirement to a minimum of 15 feet by restricting any acces- sory buildings, such as garages and storage buildings, from being built in the reduced rear yard area. Simply put, a lot which has a 25-foot rear yard can have accessory buildings in the rear yard area; a lot which is designed with a 15-foot rear yard will be restricted from having any accessory build- ings in that rear yard area. The Planning Commission recommended approval by a vote of 5 to 0. It is recommended this ordinance be adopted. Karl Nollenberger City Manager 0. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 SECTION 30-25(C) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 30, Section 30-25( c) of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended by adding the following: Section 30-25( c) 17 ( ) In an RS district, the 25-foot rear yard setback may be reduced to a minimum of 15-feet provided no accessory buildings of any type shall be permitted to be located in the reduced rear yard. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Article 179(d) of Vernon' s Annotated Civil Statutes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 , - Mayor - 2 - January 13, 1984 5. Council Letter 256 Honorable Mayor and Members of City Council Subject: SIC (Standard Industrial Code) Group 5813, "Drinking Places" At its joint public hearing held December 19, 1983, the Planning Commission and the City Council reviewed a proposal by the Planning staff that would give the City power of review over "drinking places" built in shopping cen- ter-type development. For the purpose of definition, a "drinking place" is generally any business where alcohol is consumed as part of its daily trade. The zoning ordinance presently requires a Specific Use Permit for "drinking places" in the GC-MD (General Commercial-Multiple Dwelling) district which is the City's basic commercial zone. This allows review of hours of opera- tion, types of on-premise entertainment, number of employees, amount of parking, and any special features of the location. In addition to the GC-MD district, the City also has NSC (Neighborhood Shopping Center) and CSC (Community Shopping Center) districts which may also be used for com- mercial development. These districts are generally more restrictive in terms of location of the business and range of permitted uses. "Drinking places", however, are a permitted use without a Specific Use Permit. Since the NSC and CSC districts are more restrictive in terms of location and range of permitted uses, it is appropriate that a Specific Use Permit for "drinking places" be required. The City is currently experiencing de- velopment of several small (less than 5 acres) shopping centers and, al- though most of these are in the GC-MD district, the staff feels that the two shopping center districts, based on their application in and around neighborhoods, should have a review attached to these types of uses. The proposed amendment will require a Specific Use Permit for establishments such as "drinking places". The Planning Commission recommended approval by a vote of 5 to 0. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager mac.; .1 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 SECTION 30-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO CHANGE THE ZONING FOR "DRINKING PLACES" PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 30, Section 30-24 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended by changing "Drinking Places" (SIC Group 5813) from a permitted use in NSC ( Neighborhood Shopping Center) and CSC (Community Shopping Center) districts to a use requiring a specific use permit. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Article 179(d) of Vernon' s Annotated Civil Statutes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - - 2 - r 6. January 13, 1984 Council Letter 260 Honorable Mayor and Members of City Council Subject: SIC (Standard Industrial Code) , Group 7394, "Equipment Rental and Leasing Services" SIC (Standard Industrial Code) , Group 7394 includes establishments which are primarily engaged in renting or leasing of machinery, tools and other equipment including heavy construction and earth-moving equipment. This would include most types of equipment associated with construction contractors and oil field drilling. In most areas of the City, this type of equipment requires a large amount of open, outdoor storage area as well as access to a major street in order that the equipment can be driven in and out as the work requires. This also means that, due to the size and maintenance required for the equipment, certain environmental nuisances can occur. Some of these can include the smell of diesel fuel and other lubricants and fuels, long- term outdoor storage which can harbor rodents or pests, and security measures such as, but not limited to, large illuminated areas and burglar alarms. The staff feels that, based on all of these conditions, a review procedure is necessary in order to assure that the proposed use is compatible in all respects with surrounding commercial land uses. On occasion, due to the transition between commercial and residential zones, the need for privacy fencing is readily apparent and absolutely necessary. The proposed amendment will establish this review procedure in the GC-MD (General Commercial-Multiple Dwelling) and PUD (Planned Unit Development) districts. The use will , however, be allowed as a right in the CM (Commercial-Manufacturing) , LI (Light Industrial ) , HI (Heavy Industrial ) and CBD (Central Business District) districts. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SECTION 30-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH ZONING FOR "EQUIPMENT RENTAL AND LEASING SERVICES" ; PROVIDING FOR SEVE RABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Cj That Chapter 30, Section 30-24 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended by adding a new permitted primary use, "Equipment Rental and Leasing Services, " SIC Group 7394, as a permitted use in Central Business District (CBD) , Commercial Manufacturing (CM) , Light Industrial (LI) , and Heavy Industrial (HI) , and requiring a specific use permit in General Commercial-Multiple Dwelling (GC-MD) and Planned Unit Development ( PUD) , and requiring Parking Group "7" . Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . r Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, 'be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 '3 Mayor - 2 - 7. January 13, 1984 Council Letter 264 Honorable Mayor and Members of City Council Subject: GSU Rate Increase Under the Public Utility Regulatory Act, the City must act to suspend the ef- fective date of the proposed Gulf States rate increase. This is done in order to give time for adequate review. This ordinance will authorize the City to intervene in the Gulf States case pending before the Public Utility Commission. Intervention is necessary be- cause the rates set in that case will be the ones set for the City of Beaumont. This ordinance will also provide for hiring Touche Ross and Company to parti- cipate in the case. The City's cost will be recovered from Gulf States. Several other cities will participate, and Beaumont, as the largest City served by Gulf States, will take an active part in the proceeding. The City Attorney will discuss this in further detail at the Council meeting. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager j t ORDINANCE NO. ENTITLED AN ORDINANCE SUSPENDING THE OPERATION OF THE PROPOSED RATE SCHEDULE OF GULF STATES UTILITIES COMPANY; AUTHORIZING INTERVENTION IN DOCKET NUMBER 5560 PENDING IN THE PUBLIC UTILITY COMMISSION OF TEXAS; AUTHORIZING THE RETENTION OF CONSULTANTS; REQUIRING THE CITY CLERK TO SERVE GULF STATES UTILITIES COMPANY WITH A CERTIFIED COPY OF THIS ORDINANCE; AND PROVIDING FOR SEVERABILITY. WHEREAS, on January 6 , 1984, Gulf States Utilities Company filed a proposal to increase retail electric rates within the City of Beaumont; and, WHEREAS, on January 6 , 1984, Gulf States Utilities Company filed an application with the Public Utility Commission of Texas to increase retail electric rates in unincorporated areas in the State of Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That in order to review adequately the request of Gulf States Utilities Company and to give it the careful study which it requires, the City Council does hereby suspend the operation of the proposed rate schedule for a period of 90 days beyond the date on which the schedule of rates would otherwise go into effect. Section 2 . That the City Attorney is hereby directed to intervene in Docket Number 5560 now pending in the Public Utility Commission of Texas, and all acts of the City Attorney heretofore taken in that regard are hereby ratified and approved. Section 3 . That the City Attorney be, and he is hereby , authorized to retain Touche Ross & Company at a cost not to exceed $200,000 to prepare and present expert testimony in Docket Number 5560. The City Manager is authorized to make payment for said services. Section 4 . That all costs and expenses incurred shall be assessed against Gulf States Utilities Company . Section 5 . That the City Clerk shall serve upon Gulf States Utilities Company a certified copy of this ordinance. Section 6 . 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 in no way affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - - 2 - 8. January 13, 1984 Council Letter 261 Honorable Mayor and Members of City Council Subject: Willow Bend Drive Participation Project Kohler and Kohler, acting as consulting engineers for Beaumont Willow Creek Development has requested the City's participation in the cost of paving a portion of Willow Bend Drive in accordance with the City's Participation Policy. Based on this policy, the City's participation in this project will consist of paying for the extra width and thickness required on Willow Bend Drive from Walden Road south, a distance of 3,300 feet. This street is de- signated as a 37-foot residential collector street in lieu of a 27-foot residential street. The total estimated City cost including engineering fee is $145,794. The estimated cost of the entire project is $349,350. The City will administer this construction contract. It is recommended that a resolution be adopted authorizing the execution of an agreement between the City of Beaumont and Beaumont Willow Creek De- velopment Company, and with Kohler and Kohler, Consulting Engineers for the engineering service for the participation. Karl Nollenberger City Manager WALDEN ROAD D/r CAP 7 WILLOW SEND DR wtuo 'c a � w e � sROpk` . o � R04 1 � O H .•b4RS ��.. WILLOW CREEK COUNTRY CLUB EST. PARTICIPATION PROD. PREPARED BY : URBAN TRANSPORTATION DEPT. ENGINEERING DIVISION 1_S_tid �0. 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 between the City of Beaumont and Beaumont Willow Creek Development Co. , for the participation by the city in the cost of paving a portion of Willow Bend Drive from Walden Road south a distance of 3 ,300 feet at a cost to the city of approximately $ 145,794 , including engineering services. BE IT FURTHER RESOLVED that the City Manager be, and he is hereby , authorized to execute an agreement between the City of Beaumont and Kohler and Kohler, Consulting Engineers, for the necessary engineering services for the above project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - anuary 13, 1984 9. Council Letter 259 Honorable Mayor and Members of City Council Subject: EPA Sanitary Sewer Construction Grant, Step III, Phase III In 1976, the City of Beaumont entered into the EPA Construction Grants Pro- gram under Public Law 92-500. The City retained the firms of Turner, Collie and Braden, Inc. and Schaumburg and Polk, Inc. to do the engineering ser- vices required under Step I of the EPA grant, which consisted of an Infiltra- tion/Inflow analysis of the sanitary sewer system, a system survey of the sanitary sewers and the combined storm and sanitary sewers, lift stations and treatment plant, the preparation of a 201 Facilities Plan, and the Environmental Assessment for the proposed improvements. In September, 1979, Schaumburg, under an EPA Step II Grant, was authorized to do the engineering and design work for the construction projects to be accomplished under the EPA Step III Grant, at a cost of $2,309,705. In early 1981, application was made for an EPA Step III Grant to secure 75 percent of funds needed to construct 10 of the 18 projects which had been developed in the 201 Facilities Plan which was funded under an EPA Step I Grant and completed in 1978. A contract for providing engineering services for the construction of these 10 projects was entered into with Schaumburg and Polk May 1, 1981, and an EPA Step III Grant of $20,692,819 was received by the City for Phase I (10 projects) construction. Application of 75 percent of the construction funds for Phase II was pre- Dared and submitted to the Texas Department of Water Resources in October, 1983. The City has now received notice of a grant offer in the amount of ~12,027,242. It is recommended that a resolution accepting the grant offer and authorizing the City Manager to execute same in the amount of $12,027,242 be approved. Karl Nollenberger City Manager w AGO R E S O L U T I O N WHEREAS, in 1976, the City of Beaumont entered into the EPA Construction Grants Program under Public Law 92-500; and, WHEREAS, in September, 1979 an EPA Step II Grant was authorized to do the engineering and design work for the construction projects to be accomplished under the EPA Step III T Grant at a cost of $2 ,309,705; and, WHEREAS, in 1981 application was made for an EPA Step III Grant to secure seventy-five percent ( 75%) of the funds needed to construct 10 of the 18 projects developed in the 201 Facilities Plan and a contract for providing engineering services for the 10 projects was entered into with Schaumburg and Polk on May 1 , 1981 , and an EPA Step III Grant of $20,692,819 was received by the City for Phase I ( 10 projects) construction; and, WHEREAS, application for seventy-five percent ( 75% ) of the construction funds for Phase II was prepared and submitted to the Texas -Department of Water Resources in October, 1983 ; and, WHEREAS, the city has received notice of a grant offer in the amount of $12,027 ,242 ; 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 accept the grant offer of $12,027, 242 from the Texas Department of Water Resources and execute all of the necessary grant documents for Phase II of the EPA Construction Grants Program. ti PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - 2 - 10. nuary 13, 1984 Council Letter 275 donorable Mayor and Members of City Council Subject: Final Payment, Magnolia Park Covered Play Area The 1983 Community Development Block Grant Magnolia Park development project was separated into two contracts in order to speed up construction. The covered play area (basketball pavillion) is one and the playgrounds and side- walks is the other. D & H Construction was the low bidder on both contracts. The final payment has already been issued on the playgound and sidewalk pro- ject. This final payment request is for the covered play area. The construction work was certified complete by the architect on September 19th; however, the final payment request could not be issued because the contractor had some unpaid bills remaining on the project. The contractor cleared up the remaining charges and the Certificate for Final Payment was issued by the architect on December 30th. The completion date of September 19, 1983, is 46 calendar days after contract completion date of August 3, 1983. The original completion date of June 19th was extended twice for a total 44 calendar days. Therefore, liquidated damages are for a total of 46 calendar days. As required by paragraph 1.19 of the Supplementary Conditions of the contract, liquidated damages are $25 per calendar day deducted from the total contract price. D and H Construction has been informed that the City will assess liquidated damages. :t is, therefore, recommended that final payment be made to D and H Construc- .ion in the amount requested on Application 3 (Final Payment) , dated vecember 30, 1983, of $3,276.48 less liquidated damages of $1,150,00, for a Dalance due of $2,126.48. Karl Nollenberger U City Manager R E S O L U T I O N WHEREAS, on January 1 , 1983 the City of Beaumont awarded a contract to D & H Construction Company in the amount of $30,826 for the construction of a covered play area at Magnolia Park; and, WHEREAS, the project was completed forty-six (46) calendar days after the contract completion date of August 3 , 1983 ; and, WHEREAS, final payment is being requested in the amount of $ 3,276. 48 less liquidated damages of $1 ,150 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the construction of a covered play area at Magnolia Park is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to make final payment to D & H Construction Company in the amount of $2 , 126 .48. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of lg - Mayor - 1 ,January 13, 1984 Council Letter 274 Honorable Mayor and Members of City Council Subject: Underground Boring Machine Bids were received on December 19, 1983, for the purchase of a boring machine to be used by the Sewer Maintenance Division. This is a highly- technical piece of equipment with very few suppliers. Bid packets were sent to six suppliers; two of which staff felt could probably meet speci- fications. Only one bid, that of Boehck and Gardner Equipment Company, Inc. , was received. This purchase was included in the Division's list of approved fixed assets made during budget submission. The bid price of Boehck and Gardner Equip- ment Company is $9,739. It is recommended the bid of Boehck and Gardner Equipment Company, Inc. be approved. Karl Nollenberger City Manager i R E S O L U T I O N WHEREAS, bids were received for the purchase of an underground piercing tool; and, WHEREAS, Boehck and Gardner Equipment Co. , Inc. submitted a bid in the amount of $9,739; and; WHEREAS, the City Council is of the opinion that the bid submitted by Boehck and Gardner Equipment Co. , Inc. is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Boehck and Gardner Equipment Co. , Inc. in the amount of $9,739 for the purchase of an underground piercing tool is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 12. January 13, 1984 Council Letter 273 Honorable Mayor and Members of City Council Subject: Computerized Legal Research System Bids were received for a computerized legal research system as approved in the current budget. This system allows legal research to be performed on a computer terminal at great speed. The terminal provides access to a legal database hundreds of times larger than our present law library. The system should provide a speedy, complete and accurate research tool to be used on all legal questions and will materially increase the efficiency of the de- partment in its legal research and advice function. Bids were received from Mead Data Central (Lexis) , West Publishing Company (Westlaw) and Radio Shack. Radio Shack bid hardware only and relied on the Westlaw database for a software system. The Lexis bid waived all charges for hardware and subscription to the system for one year. In our view, the Lexis and Westlaw databases are equivalent. The bids for a computer assisted legal research system were analyzed assum- ing first that the hardware is leased and then that the hardware was pur- chased. In each instance, three hours research time was assumed. Leased Radio Shack: Did not bid a leased price Westlaw: 3 hours research $315/mo. Subscription charge 100/mo. Terminal 170/mo. Printer 75/mo. Telephone (est.) 25/mo. $685/mo. Lexis: Hardware Free 3 hours research $360/mo. Purchased Radio Shack: Hardware $5,525 3 hours research $315/mo. Subscription charge 100/mo. Telephone (est. ) 25/mo. $440/mo. L Council Letter 273 January 13, 1984 Page 2 Purchased (Continued) Westlaw: Hardware $4,950 3 hours research $315/mo. (fixed) Subscription charge 100/mo. Telephone (est. ) 25/mo. $440/mo. Lexis: Hardware $4,500 3 hours research $360/mo. (Maximum should average $300/mo. ) For the second year of the contract, Lexis charges will be as follows: Terminal $ 55/mo. Printer 110/mo. Access charge 75/mo. $600/mo. Plus a one -time installation fee of $200. In each case, the Lexis bid is lower. Thus, the Lexis bid is lower than other bids in the second year also. It should be noted that many other data bases are available through the Lexis system at various hourly rates. It is recommended that the Lexis bid be accepted and that the hardware be provided free by Lexis for the first year. q''L Karl Nollenberger City Manager r R E S O L U T I O N WHEREAS, bids were received for a computerized legal research system for the Legal Department; and, WHEREAS, Mead Data Central (Lexis) submitted a bid for such a system; and, WHEREAS, the City Council is of the opinion that the bid submitted by Mead Data Central is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Mead Data Central for a computerized legal research system be accepted by the City of Beaumont, and that the City Manager be, and he is hereby , authorized to enter into a contract with Mead Data Central substantially in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - i 13. January 13, 1984 Council Letter 272 Honorable Mayor and Members of City Council Subject: Trinity Day School License In December, Councilman Lord received a letter from Trinity Day Care School which was carbon copied to all of the City Councilmembers. The letter re- lated to the increase in the health inspection licensing fees which was put into effect by the City concurrently with the 1983/84 budget. The license fee for a food permit for the Trinity Day Care School increased from $10 to $115. The State Welfare Agency requires Trinity Day School to have routine health inspections in order to operate and be licensed by the Welfare Department. Trinity Church has a separate kitchen licensed by the City and we have sug- gested to the day school that they utilize those kitchen facilities in order to avoid additional inspections and fees, which they are protesting. They have chosen not to, and instead, maintain separate kitchen facilities. The fiscal policy which was included in the 1983/84 budget of the City of Beaumont states that, "The City will establish all user charges and fees at a level related to the cost of providing the services for all programs except those oriented to youth population and to senior citizens". In keeping with that fiscal policy, the City staff has recommended numerous methods to recover the cost the City has to provide those inspections. How- ever, in this case, the services are oriented to the youth population and some leniency might be in order, as suggested by the Trinity Day School . Staff has prepared the attached ordinance which would establish license fees in the health area which are inspecting facilities directly utilized by youth population and senior citizens in their majority of use at 50 percent of the normal health license fees. It is recommended this ordinance be approved. 4Z�&tj Karl Nollenberger City Manager ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 TO PROVIDE A FEE DISCOUNT FOR YOUTH AND ELDERLY ORIENTED ACTIVITIES; PROVIDING FOR SEVE RABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 11 of the Code of Ordinances of the City of Beaumont is hereby amended by adding a new Section 11-4( c) to read as follows: Section 11-4( c) . Nonprofit organizations which are youth oriented or elderly oriented shall pay a license fee which is fifty percent ( 500) of the fees established herein. The term "youth oriented" shall mean nonprofit organizations which provide services to persons more than fifty percent ( 50%) of which are less than eighteen ( 18) years of age. The term "elderly oriented" shall mean nonprofit organizations which provide services to persons more than fifty percent (50%) of which are sixty-five ( 65) years of age or older. The term "nonprofit organizations" shall mean those organizations which have been granted an exemption or are exempt from the payment of federal income taxes. F Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 2 - � » 14. January 13, 1984 Council Letter 269 Honorable Mayor and Members of City Council Subject: Employment of White Budd Van Ness Firm for Architectural Services We are currently involved in updating our long-range capital improvement pro- gram. One project that was scheduled for fiscal year 1983, and had to be can- celled because of budgetary cutbacks, was an expansion of the office area for our Municipal Court function. The great increase in work load and record storage requirements is causing severe problems in this area. In addition to this, some property adjacent to the Municipal Complex has been placed on the market. We feel that possible acquisition of the property for additional parking or other municipal uses should be studied at this time. Finally, any evaluation of the Police and Court Building should also identify future growth needs for our Police function. Taking all of the above into consideration, we have contacted the White, Budd Van Ness firm, the original architects for the building, and have asked them to assist us in addressing the following points: 1. Identify temporary and long-range options for Municipal Court office expansion. 2. Analysis of possible land purchase. 3. Analysis of expansion requirements for Police and Court Build- ing. The architects have agreed to address the above topics for a fee not to exceed $11,400. It is recommended that the firm be employed for this purpose. The monies needed for this project will be budgeted in our budget modification to be discussed in February. Karl Nollenberger City Manager w L. , N U, 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 enter into an agreement with the White Budd Van Ness firm for architectural services in connection with the expansion of the Municipal Court and Police Building in an amount not to exceed $11 ,400. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - CONSENT AGENDA JANUARY 17, 1984 * Approval of Minutes. a. A resolution amending an agreement with the State Department of Highways and Public Transportation. b. A resolution accepting the work as complete and authorizing final payment to the contractors for the demolition and re- moval of five structures. c. A resolution setting February 21, 1984, as the date for a public hearing for a preliminary application with Urban Mass Transportation Administration for fiscal year 1984 Transit Operating Assistance Funds. d. A resolution setting February 21, 1984, as the date for a public hearing for a preliminary application with Urban Mass Transportation Administration for the Beaumont Municipal Transit Passenger's Amenities Project. e. A resolution authorizing payment for a supplement to the 9 P Y pp Code of Ordinances. f. A resolution accepting as complete water, sanitary sewer, storm sewer and street improvements in Bellchase Subdivision for City maintenance. g. A resolution authorizing soil testing at the Tyrrell Park Recreation Center. h. A resolution authorizing a subscription renewal to Magazine Index for the Beaumont Public Library and the Miller Library. a. January 13, 1984 Council Letter 258 Honorable Mayor and Members of City Council Subject: Selective Traffic Enforcement Program At its meeting held on December 20, 1983, Council authorized the City Manager to enter into an agreement with the State Department of Highways and Public Transportation to subsidize the cost of overtime paid to officers working in the Department's Accident Control Team (A.C.T.) . The resolution passed by Council did not, however, include a phrase declaring "an intention to fund increased enforcement if the project is both effective and financially feasible". The people who administer this grant at the Department of Highways and Public Transportation will not approve the City's application unless this phrase is included in the resolution. Inclusion of this statement is not binding Council as it is only a statement of intent. Either party may withdraw from the program with 30 days ' notice. It is recommended that Council pass the amended resolution. G nCV" Karl Nollenberger City Manager 7 R E S O L U T I O N WHEREAS, on December 20, 1983, Resolution No. 83-471 was passed by the City Council authorizing the City Manager to enter into an agreement with the Texas State Department of Highways and Public Transportation to subsidize the cost of overtime paid to officers working in the department' s Accident Control Team (A.C.T. ) ; and, WHEREAS, the resolution did not contain a phrase declaring an intention to fund increased enforcement if the project is effective and financially feasible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution No. 83-471 passed on December 20, 1983, be repealed and this resolution substituted therefore, as follows: THAT the City Manager be, and he is hereby , authorized to enter into an agreement with the Texas State Department of Highways and Public Transportation for a Hazardous Moving Violations/Selective Traffic Enforcement Program grant. BE IT FURTHER RESOLVED that if the program is both effective and financially feasible, the City of Beaumont declares its intention to fund its increased enforcement. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - I � A b. January 13, 1984 Council Letter 267 Honorable Mayor and Members of City Council Subject: Final Payment for Demolition and Removal of Structures Bids were received on September 12, 1983, for the demolition and removal of the structure located at 1290 S. Major. City Council awarded the demoli- tion contract to Trax Enterprises on September 20, 1983, in the amount of $1,499. Bids were received on November 14, 1983, for the demolition and removal of the following structures: 2550 Brooklyn (garage) , 2060 Liveoak, and the structure next to and rear of 1599 Pine Street. At its meeting held 3 -4,q_ on November 22, 1983, City Council awarded the contract for demolition and removal of the first two structures to Elk Construction for $700. The str cture next to and rear of 1599 Pine Aas awarded to Trax Enterprises in thewnt of $1,074. All of the above locations have been inspected and work has been completed as specified in contract documents. Elk Construction is at this time due final payment of $700, as is Trax Enterprises in the amount of $2,573. It is recommended Council approve a resolution authorizing final payment of $700 to Elk Construction and a final payment of $2,573 to Trax Enter- prises. r 1i Karl Nollenberger City Manager !U.__ R E S O L U T I O N WHEREAS, on November 22, 1983, City Council awarded contracts to Trax Enterprises in the amount of $1 ,074 and Elk Construction in the amount of $700 for the demolition of condemned dilapidated structures; and, WHEREAS, on September 20 , 1973, the City Council awarded a contract to Trax Enterprises in the amount of $1 ,499 for demolition of the structure at 1290 S. Major Dr. ; and, WHEREAS, the projects have 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 demolition of the condemned dilapidated structures at 2550 Brooklyn (Garage) , 2060 Liveoak ,n Next to and Rear of 1599 Pine, and 1290 S. Major Dr . is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to make final payment to Trax Enterprises and Elk Construction Co. in the amounts of $2 ,573 and $ 700, respectively. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 19 Mayor - R s 1• � C. January 13, 1984 Council Letter 263 Honorable Mayor and Members of City Council Subject: Setting Date of Public Hearing for Preliminary Application with Urban Mass Transportation Administration for Fiscal Year 1984 Transit Operating Assistance Funds Under Section 5 of the Urban Mass Transportation Act of 1964, as amended, the federal government will reimburse the City for 50 percent of its yearly transit operating deficit. In past years, it has been the procedure to re- quest Council approval to file applications for operating assistance prior to the public hearing. Actual figures were submitted after the budget year. Initiating the grant procedures earlier in the fiscal year will allow a public hearing to be held prior to the application for federal assistance, and allow for a more timely reimbursement. The operating deficit for fiscal year 1983 was $1,008,452. As a result, Urban Mass Transportation Adminis- tration will reimburse the City for $504,226. Illustrated below is an estimated project budget for operating assistance for fiscal year 1984. Reimbursement is based on actual costs. Total operating expenses $1,498,300 Charter operations (90,630) Eligible operating expenses $1,407,670 Passenger revenue (419,070) Net Project Cost $ 988,600 Local share: Advertising $ 3,000 City of Beaumont 491,300 Total local share $ 494,300 Net expenses before applying UMTA Funds $494,300 UMTA funds requested $ 494,300 Urban Mass Transportation Administration requires that a public hearing be held on operating assistance grants. It is recommended that the public hearing be set for February 21, 1984. Karl Nollenberger City Manager R �a4 C R E S O L U T I O N WHEREAS, the City Council desires to file an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended; and, WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and, WHEREAS, it is required by the U . S. Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements thereunder; and, WHEREAS, it is the goal of the applicant that minority business enterprise is utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts or consultant and other services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute and file an application on behalf of the City of Beaumont, Texas, with the U . S. Department of Transportation, to aid in the financing of operating assistance projects pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended; and, BE IT FURTHER RESOLVED that the City Manager is authorized S to execute and file with such application an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964 ; and, BE IT FURTHER RESOLVED that the City Manager is authorized to furnish such additional information as the U . S. Department of Transportation may require in connection with the application of the project; and, BE IT FURTHER RESOLVED that the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project' s procurement needs; and, BE IT FURTHER RESOLVED that the City Manager is authorized to execute grant contract agreements on behalf of the City of Beaumont with the U . S. Department of Transportation for aid in the financing of the operating assistance projects; and, BE IT FURTHER RESOLVED that a public hearing be held on said application at 1 :00 p.m. , February 21, 1984, in City Council Chambers, City Hall. 2 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 3 - d. January 13, 1984 Council Letter 262 Honorable Mayor and Members of City Council Subject: Setting Date of Public Hearing for Preliminary Application with Urban Mass Transportation Administration for Aid in Financing for Beaumont Municipal Transit Passenger's Amenities Project The proposed grant application will be filed under the provisions of Section 5 of the Urban Mass Transportation (UMTA) Act of 1964, as amended, in the amount of $156,573 for a project generally described as the Beaumont Municipal Tran- sit (BMT) Passenger's Amenities Project. The project will enable implementa- tion, purchase and installation of passenger's amenities. The support facilities will improve selected bus stops throughout the transit system service area. Illustrated below is the estimated project budget for the project: Engineering and Design $ 8,543 Coordination and Inspection 4,271 Purchasing and Installation of bus stop amenities 129,525 Subtotal $142,339 Contingency 10% 14,234 Estimated Gross Project Cost $156,573 Included in this project are the purchase and installation of 20 passenger shelters; 125 passenger benches; 60 litter receptacles; 65 litter barrels; and 15 display stands. This project includes fiscal years 1983 and 1984 capital improvement because of the delay in processing the 1983 Passenger's Amenities Grant. The expected participation in the total project by Federal , State and local funding sources is listed below: Federal $125,258 State 20,355 Local 10,960 Total $156,573 Federal regulations require that a public hearing be held on the project. It is recommended that the hearing be scheduled for February 21, 1984. SIG"A Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, the City Council desires to file an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964 , as amended; and, WHEREAS, the Secretary of Transportation is authorized to make grants for mA�s transportation projects; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant; including the provision by it of the local share of project costs; and, WHEREAS, it is required by the U . S. Department of Transportation in accordance with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. S. Department of Transportation requirements thereunder; and, WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts or consultant and other services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute and file an application on behalf of the City of Beaumont, Texas, with the U. S. Department of Transportation, to aid in the purchase of various capital improvement items for the Beaumont Municipal Transit System; and, BE IT FURTHER RESOLVED that the City Manager is authorized to execute and file with such application an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964, as amended; and, BE IT FURTHER RESOLVED that the City Manager is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the application of the project; and, BE IT FURTHER RESOLVED that the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project' s procurement needs; and, BE IT FURTHER RESOLVED that the City Manager is authorized to execute grant contract agreements on behalf of the City of Beaumont with the U . S. Department of Transportation for aid in the financing of the operating assistance projects; and, BE IT FURTHER RESOLVED that a public hearing be held on said application at 1 :00 p.m. , February 21, 1984 in City Council Chambers, City Hall. - 2 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 3 - e. January 13, 1984 Council Letter 268 Honorable Mayor and Members of City Council Subject: Payment to Municipal Code Corporation The City of Beaumont has a long standing agreement with the Municipal Code Corporation to produce the supplements to our Code of Ordinances. The latest supplement is unusually large and covers amendments to the following sections of the Code of Ordinances: Administration Business Dealings Food and Food Establishments Housing Parks/Community Facilities Streets and Sidewalks Subdivision Regulations Hotel Occupancy Tax Utilities Zoning Code Index Payment is to be made for 150 copies, 202 pages each, at a total cost of $2,339.50. It is recommended that this resolution be approved. C� Karl Nollenberger City Manager 140 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 pay the Municipal Code Corporation $2 ,339 . 50 for supplement_lnumber 27 to the Code of Ordinances. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of - Mayor - f. January 13, 1984 Council Letter 270 Honorable Mayor and Members of City Council subject: Acceptance of Bellchase Subdivision for City Maintenance Final inspection of the water, sanitary sewer, storm sewer and street improve- ments constructed in Bellchase Subdivision has been made by the Water Utilities Department and the Engineering Division of the Urban Transportation Department. These improvements were found to be constructed in accordance with City stan- dards. The improvements to be accepted are as follows: Street Improvements Elmwwood Lane from Crow Road 360 feet east to and including the cul-de-sac. Edgewood Lane from Crow Road 330 feet east to and including the cul-de-sac. Oakley Lane from Crow Road 333 feet east to and including the cul-de-sac. Bellchase Drive from the cul-de-sac west of Crow Road to the cul-de-sac east of Crow Road, a distance of approxi- mately 800 feet to and including the two cul-de-sacs. Water and Sewer Improvements Lots 1-15, Block 1 Lots 7-31, Block 2 It: is recommended that the resolution be approved. Karl Nollenberger City Manager l i�yVt ✓` FOOLSOM o LOCATION � u • tQo 2 E AW AR T. F ; O O n nr- : ir BELLCHASE SUBDIVISION T 0...... 19 /77/A• qr 4ts� R E S O L U T I O N WHEREAS, the developers of Bellchase Subdivision have com- pleted the water, sanitary sewer, storm sewer, and street improve- ments as follows: Street Improvements: Elmwood Lane from Crow Road 360 feet east to and including the cul-de-sac Edgewood Lane from Crow Road 330 feet east to and including the cul-de-sac Oakley Lane from Crow Road 333 feet east to and including the cul-de-sac Bellchase Drive from the cul-de-sac west of Crow Road to the cul-de-sac east of Crow Road a distance of approximately 800 feet to and including the two cul-de-sacs Water and Sewer Improvements: Lots 1-15, Block 1 Lots 7-31, Block 2 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 Bellchase Subdivision, as above described, be, and the same are hereby , accepted by the City of Beaumont and shall be continuously maintained by the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 2 - * Ir 9• January 13, 1984 Council Letter 271 Honorable Mayor and Members of City Council Subject: Soil Testing at Tyrrell Park Under the planned renovation of the Tyrrell Park Recreation Center, the architects, White Budd Van Ness, requested that soil samples and excavations be made at three points in the Recreation Center. These borings and excava- tions will be used to test the soil composition and ground water levels, plus ascertain what kind of footings were built in the Recreation Center. We received two bids - one from Southwestern Laboratories at $1,750 and the other from Shilstone Engineering at $1,200. It is recommended that the bid of Shilstone Engineering be accepted. V& Vv MX V*%.YA Karl Nollenberger City Manager WHITE BUDD VAN NESS BEAUMONT, TEXAS I = RECEIVED DEC 131983 i TO 1� J f m J' X t� 0 r f J, r 1 rJ LJ O T r L Z I r L I L 1 P L__J i n j r I 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 enter into an agreement with Shilstone Engineering Testing Laboratory Division for professional services for soil testing at the Tyrrell Park Recreation Center in connection with the preparation of construction drawings for the repair and restoration of the building at a cost to the city of $1 ,200. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - h. January 13, 1984 Council Letter 266 Honorable Mayor and Members of City Council Subject: Subscription Renewal to Magazine Index On December 19, 1983, bids were received for an annual subscription to the Magazine Index for the Beaumont Public Library and the Miller Library. The bid of Information Access Company in Menlo Park, California, was the only bid received. This is the only vendor that provides this service, so no other bids were expected. It is recommended that the bid from Information Access Company in the amount of $3,838.25 be approved. I Karl Nollenberger City Manager b r R E S O L U T I O N WHEREAS, bids were received for an annual subscription to Magazine Index for the Beaumont Public Library and the Miller Library; and, WHEREAS, Information Access Company submitted a bid in the amount of $3,838. 25; and, WHEREAS, the City Council is of the opinion that the bid submitted by Information Access Company is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Information Access Company in the amount of $3 ,838. 25 for an annual subscription to Magazine Index is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of lg Mayor - .•� CALENDAR * Saturday, January 14 - Moncla's (MAYOR & MRS. NEILD) 7:30 P.M. - Welcome Spindletop Optimist Club Charter Banquet (Curtis Dickson) * Monday, January 16 - Lincoln Middle School 8:30 A.M. - Discuss Council/Manager form of government (Sally Lee) 1 3:30 P.M. - Council Chambers Joint Planning & Zoning Public Hearing (COUNCIL QUORUM REQUIRED) 4:15 P.M. - 3rd Floor Conference Room, City Hall Parks & Recreation Advisory Committee Meeting Tuesday, January 17 - Council Chambers 1:15 P.M. - Council Meeting * 6:30 P.M. - Reception _ Beaumont Club 7:00 P.M. - Dinner Mental Health Association (Mildred Yates) * Wednesday, January 18 - John Gray Institute 9:00 A.M. - Meeting 6:30 P.M. - Social Hour _ port Arthur Civic Center 7:30 P.M. - Dinner Meeting S.E.T.R.P.C. Annual Meeting * 7:00 P.M. - Civic Center Golden Triangle Boat Show * MAYOR ** COUNCILMAN MOORE CALENDAR Page 2 * Thursday, January 19 - 7th Floor, Lamar University 8:30 A.M. - Delphi Meeting * 10:00 A.M.- Meeting ** 5:00 P.M. - Cornerstone Media; 85 I-10 N. , Suite 119 Ribbon Cutting Ceremonies (Parl Gauthier) 6:30 P.M. - Hospitality Hour Civic Center 7:30 P.M. - Dinner TML Region 16 Meeting i * Monday, January 23 - 3:30 P.M. - Economic Development Steering Committee Meeting * MAYOR ** COUNCILMAN MOORE CALENDAR * Saturday, January 14 - Moncla 's (MAYOR & MRS. NEILD) 7:30 P.M. - Welcome Spindletop Optimist Club Charter Banquet (Curtis Dickson) * Monday, January 16 - Lincoln Middle School 8:30 A.M. - Discuss Council/Manager form of government (Sally Lee) 3:30 P.M. - Council Chambers Joint Planning & Zoning Public Hearing (COUNCIL QUORUM REQUIRED) 4:15 P.M. - 3rd Floor Conference Room, City Hall Parks & Recreation Advisory Committee Meeting Tuesday, January 17 - Council Chambers 1:15 P.M. - Council Meeting * 6:30 P.M. - Reception _ Beaumont Club 7:00 P.M. - Dinner Mental Health Association (Mildred Yates) * Wednesday, January 18 - John Gray Institute 9:00 A.M. - Meeting 6:30 P.M. - Social Hour _ Port Arthur Civic Center 7:30 P.M. - Dinner Meeting S.E.T.R.P.C. Annual Meeting * 7:00 P.M. - Civic Center Golden Triangle Boat Show * MAYOR ** COUNCILMAN MOORE CALENDAR Page 2 * Thursday, January 19 - 7th Floor, Lamar University 8:30 A.M. - Delphi Meeting * 10:00 A.M.- Meeting ** 5:00 P.M. - Cornerstone Media; 85 I-10 N. , Suite 119 Ribbon Cutting Ceremonies (Part Gauthier) 6:30 P.M. - "spitality Hour Civic Center 7:30 P.M. - Dinner TML Region 16 Meeting * Monday, January 23 - 310- P.M. - Economic Development Steering Committee Meeting * MAYOR ** COUNCILMAN MOORE