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HomeMy WebLinkAboutPACKET APR 17 1984 WORK SESSION AGENDA APRIL 17, 1984 CITY COUNCIL CHAMBERS 1. Community Development Block Grant "removal of barriers" funds to South Park Independent School District. 2. Discussion of Conflict of Interest Policy. AGENDA REGULAR SESSION OF THE CITY COUNCIL APRIL 17, 1984 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. An ordinance canvassing the returns of the recount for the Martin Luther King, Jr. Boulevard proposition. 2. A resolution authorizing issuance of Industrial Development Revenue Bonds to finance the Crossroads Properties Project. 3. A resolution accepting the bid of Southwest Communications of Beaumont for long-distance telephone service. 4. A resolution supporting and encourageing voluntary contributions of Gulf States Utilities refund to "Project Care". 5. A resolution supporting increased State Highway Funding Passage of the Pothole Bill and Increased Highway User Charges. 6. A resolution awarding a bid for sanitary sewer improvements. 7. A resolution accepting the Irving Street Box Project as complete and authorizing final payment to the contractor. 8. An ordinance amending the ordinance relating to the sale of certain baby animals. 9. A resolution authorizing Change Order No 2 to the contract for im- provements at the Water Treatment Plant. 10. A resolution authorizing execution of an insurance agreement, Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. CONSENT AGENDA APRIL 17, 1984 * Approval of Minutes. a. A resolution authorizing payment for books for the Beaumont Public Library System. b. A resolution authorizing emergency purchase of two compres- sors for the City Hall air conditioning and heating system. c. A resolution authorizing execution of an annual contract for elevator maintenance. d. A resolution amending the Signal Agreement with the State Department of Highways and Public Transportation. e. A resolution accepting a donation of a tower from Lamar University and authorizing expenditures relating to dis- mantling and moving the tower. WORK SESSION AGENDA APRIL 17, 1984 CITY COUNCIL CHAMBERS 1. Community Development Block Grant "removal of barriers" funds to South Park Independent School District. 2. Discussion of Conflict of Interest Policy. WORK SESSION AGENDA APRIL 17, 1984 CITY COUNCIL CHAMBERS 1. Community Development Block Grant "removal of barriers" funds to South Park Independent School District. 2. Discussion of Conflict of Interest Policy. r i i �i AGENDA ' REGULAR SESSION OF THE CITY COUNCIL APRIL 17, 1984 ` CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. An ordinance canvassing the returns of the recount for the Martin Luther King, Jr. Boulevard proposition. 2. A resolution authorizing issuance of Industrial Development Revenue Bonds to finance the Crossroads Properties Project. 3. A resolution accepting the bid of Southwest Communications of Beaumont for long-distance telephone service. 4. A resolution supporting and encourageing voluntary contributions of Gulf States Utilities refund to "Project Care". 5. A resolution supporting increased State Highway Funding Passage of the Pothole Bill and Increased Highway User Charges. 6. A resolution awarding a bid for sanitary sewer improvements. 7. A resolution accepting the Irving Street Box Project as complete and authorizing final payment to the contractor. 8. An ordinance amending the ordinance relating to the sale of certain baby animals. 9. A resolution authorizing Change Order No 2 to the contract for im- provements at the Water Treatment Plant. 10. A resolution authorizing execution of an insurance agreement. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION, 1. April 13, 1984 Council Letter 439 Honorable Mayor and Members of City Council Subject: Ordinance Canvassing the Returns of Recount for Martin Luther King, Jr. Boulevard Proposition Attached for your review are the results of the recount of the election held on April 7, 1984. Karl Nollenberger City Manager AGENDA RV ORDINANCE NO. ENTITLED AN ORDINANCE CANVASSING THE RECOUNTED RETURNS FOR THE PROPOSITION CONCERNING CHANGING THE NAME OF WASHINGTON BOULEVARD TO MARTIN LUTHER KING, JR. BOULEVARD; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont duly called the regular city election to be held on the 7th day of April, 1.984, and the election returns of the votes cast in said election should be canvassed for the following proposition: A proposition in the form of an ordinance changing the name of Washington Boulevard to Martin Luther King, Jr. Boulevard and, WHEREAS, a recount of the returns for the proposition was duly and properly requested; and, WHEREAS, after duly canvassing said recounted returns the City Council finds that the votes cast at said election for the proposition were as follows: For the ordinance. . . . . . . . . . . .11 ,701 Against the ordinance. . . . . . . .11 ,751 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the results of the said regular city election held April 7 , 1984 be, and the same are hereby , declared to have been as hereinabove set out and the following was the outcome of the proposition concerning an ordinance changing the name of Washington Boulevard to Martin Luther King, Jr. Boulevard: Failed. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law and provided in the ordinance calling for said election and that said election was duly and regularly held and returns thereof were duly and regularly made by the proper officials of said election. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular person, or to a particul set of circumstances, should for any reason be held 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. Section 3 . That all ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - - 2 - 2. April 13, 1984 Council Letter 429 Honorable Mayor and Members of City Council Subject: Resolution authorizing Issuance of IDB Bonds to Finance Crossroads Properties Project At the public hearing on April 10, 1984, a presentation was made by the de- veloper of record, Mr. Charles Adams, in which he discussed briefly with you the scope of the work intended at this location, adjacent to Parkdale Mall , on Dowlen Road. The project, as described by the developer, meets the current Council guide- lines for the issuance of Industrial Development Bonds and is, therefore, recommended for approval by staff. A copy of the Council guidelines developed in December, 1983 and January, 1984, is included for your review. It is recommended that this resolution be approved. Karl Nollenberger City Manager STATEMENT OF POLICY CITY OF BEAUMONT, TEXAS USES OF INDUSTRIAL DEVELOPMENT REVENUE BONDS The City of Beaumont, Texas has adopted the following principles concerning the issuance of industrial development revenue bonds to guide the City staff and other interested parties in consideration of project pro- posals. WHEREAS, the City of Beaumont has declared itself to be an economically depressed area due to a high rate of unemployment, which is being experienced both within the City limits and the Golden Triangle; and, WHEREAS, the University of Massachusettes study shows that $1.2 billion of industrial development revenue bonds in the State of Massachusettes generated $1.29 billion in state and federal tax revenues and $6.5 billion in personal income over a 10-year period; and, WHEREAS, industrial development revenue bonds serve as a catalyst for local business development; and, WHEREAS, the rates for tax exempt municipal bonds have varied from 65 percent to 95 percent of conventional rates over the past 27 years and there's no evidence that industrial development revenue bonds affect the rate for traditional municipal purpose bonds ; and, WHEREAS, the growth of tax exempt bonds in the United States over the past few years has not been all that great in light of the growth of the economy; and, WHEREAS, the increased rates which have been shown in the last few years on traditional tax exempt securities has been effected by the reduced personal income tax, increased variety of tax shelters and institutional profit pro- blems; and, WHEREAS, the City Council must exercise review and approval of each in- dustrial development revenue bond application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, as follows: 1. The City of Beaumont will entertain proposals for industrial develop- ment revenue bonds for any projects which are legally authorized under the industrial development revenue bonds statutes to provide an incentive for development in our community. 2. The use of industrial development revenue bonds in Beaumont provides r local businesses with an incentive in a competitive situation re- lating to new development. Statement of Policy Page 2 3. Use of industrial development revenue bonds stimulates new construction, creating new jobs and enhancing the community of Beaumont. 4. The industrial development revenue bonds usage by the City of Beaumont will enhance its position as the central city and our economic area, both in terms of sales, industry and health care providing. 5. The City Council of the City of Beaumont feels that any limitations which are difficult and arbitrary in their construction should be established on a federally-mandated basis in order to have uni- formity between all localities. 6. The City of Beaumont feels that industrial development revenue bonds should be privately placed rather than publicly sold in order to assure the financial review assurances which come with review by financial institutions. ADOPTED AND APPROVED ON THIS, the day of January, 1984. - Mayor - AGENDA ULM N of r . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF BONDS BY THE BEAUMONT INDUSTRIAL DEVELOPMENT CORPORATION TO FINANCE A PROJECT FOR CROSSROADS PROPERTIES WHEREAS, by Resolution, the City Council (the "Governing Body") of the City of Beaumont, Texas (the "Unit") , authorized and approved the creation of the Beaumont Industrial Development Corporation (the "Issuer") as a non-profit 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, by Resolution of the Issuer adopted on March 30 1984 (the "Bond Resolution") , the Issuer authorized and approved the sale and delivery of its revenue bonds, styled "Beaumont Industrial Development Corporation Industrial Development Revenue Bonds, Series 1984 (Crossroads Properties Project)" (the "Series 1984 Bonds") , to finance the cost of certain facilities (the "Project") as described within the Bond Resolution and the exhibits attached thereto, and a copy of said Bond Resolution is attached hereto and fully incorporated herein by reference; and WHEREAS, the Governing Body hereby finds and determines that the issuance of the Series 1984 Bonds to finance the Project will accomplish the specific purposes for which the Issuer was created and is in furtherance of the public purposes of the Act; and WHEREAS, in accordance with the terms of the Bond Resolution of the Issuer, a copy of which is attached hereto and fully incorporated herein by reference, the Issuer now desires to sell and provide, upon satisfaction of all conditions contained therein, for the issuance and sale of the Series 1984 Bonds; and WHEREAS, the Act provides that the Governing Body must, by written Resolution adopted no more than sixty (60) days prior to the date of the delivery of the Bonds, specifically approve the Bond Resolution of the Issuer providing for the issuance of the Series 1984 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. The Bond Resolution of the Issuer providing for the sale and issuance of the Bonds, substantially in the form attached hereto is hereby approved; provided, however, notwithstanding any provision of the Bond Resolution to the contrary, Bonds in an amount not exceeding $6,000,000 only are approved hereby. Section 2. The Governing Body hereby finds and determines as follows: (a) That the issuance of the Bonds to finance the project will accomplish the specific public purposes for which the Issuer was created; and (b) That a public hearing with respect to a certain written Resolution pertaining to the approval by the Governing Body of the issuance by the Beaumont Industrial Development Corporation of its certain Bonds was held following publication of notice in compliance with Section 103(k) of the Code; and (c) That after posting notice and holding a public hearing in accordance with Section 103(k) of the Code the Project is hereby approved; and (d) That the Project will have an impact on increasing employment within the boundaries of the Unit and is in furtherance of the public purposes of the Act; and (e) That the Project will significantly contribute to the fulfillment of the overall redevelopment objectives of the Unit for the Eligible Blighted Area; and (f) That the Project conforms to the Project Approval Standards specified in Rule .002(b) (8) and (b) (9) (B) of the Texas Economic Development Commission's Rules for Issuing Industrial Development Revenue Bonds. Section 3. 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 place of this meeting, and of the subject of this Resolution, was posted on a bulletin board at a place convenient to the public in the City Hall of the Unit for at least 72 hours preceding the convening of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the convening of such meeting; and such meeting was open to the public as required by law at all times during which the 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. Section 4. A copy of the caption of this Resolution shall be spread upon the minutes of the Governing Body. PASSED BY THE CITY COUNCIL OF TLKE CITY OF 1) AU"ONT this tl-le day of April, 1934. - "ayor - RESOLUTION AUTHORIZING BEAUMONT INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1984 (CROSSROADS PROPERTIES PROJECT) ; A LOAN AGREEMENT; AN INDENTURE OF TRUST; AND OTHER MATTERS IN CONNECTION THEREWITH Pursuant to the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act") , the Beaumont Industrial Development Corporation (the "Issuer") , on behalf of the City of Beaumont, Texas (the "Unit") , is empowered to finance the cost of projects to promote and develop commercial and other related enterprises in an Eligible Blighted Area, as defined in the Act, to promote and encourage employment and the public welfare by the issuance of obligations of the Issuer, which projects will be inside the boundaries of the Unit and within the area designated as an Eligible Blighted Area; WHEREAS, Crossroads Properties (the "User") , a Texas general partnership, acting by and through Frank A. Adams and Doak C. Proctor, III, Managing Partners, has requested the Issuer to finance the cost of acquiring, constructing, reconstructing, improving or expanding, as the case may be, a certain commercial project (the "Project") ; and WHEREAS, on December 20, 1983, the Issuer adopted a certain "Resolution Concerning Issuance of Bonds to Finance a Project for Crossroads Properties" (the "Inducement Resolution") , a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, there have been presented to the Issuer proposed forms of each of the following: 1. Loan Agreement, dated as of April 1, 1984 (the "Agreement") , between the Issuer and the- User, including a promissory note from the User to the Issuer in the principal amount of the Bonds (the "Note") ; 2. Indenture of Trust, dated as of April 1, 1984 (the "Indenture") , between the Issuer and Allied Merchants Bank, Trustee (the "Trustee") ; 3. Deed of Trust, Security Agreement, Assignment of Rents and Financing Statement, dated as of April 1, 1984 (the "Deed of Trust") , by and between the User and the Mortgage Trustee designated therein; and 4. Guarantee Agreement, dated as of April 1, 1984 (the "Guarantee Agreement") , executed by Doak C. Proctor, III, Frank A. Adams, Rodgers E. Ellis, Charles D. Foxworth, Jack B. Osborne, William D. White and Thomas Maness, as Guarantors (the "Guarantors") of all of the obligations of the User pertaining to the Note, the Indenture, the Deed of Trust and the Bonds; NOW, THEREFORE, be it resolved by the Board of Directors of the Beaumont Industrial Development Corporation (the "Board") that: Section 1. Based solely upon the representations made to the Board and to the Texas Economic Development Commission by the User, it appears and the Board hereby finds that: A. The Project is hereby approved and is required or suitable for the promotion of commercial development and expansion; and B. The Project will have an impact on increasing employment within the boundaries of the Unit and is in furtherance of the public purposes of the Act. Section 2. The Board hereby approves the Agreement in the form and substance presented to the Board and the President or any Vice President of the Issuer is hereby authorized and directed, for and on behalf of the Issuer, to take, sign and otherwise execute the Agreement, and the Secretary or any assistant secretary of the Issuer is hereby authorized and directed on behalf of the Issuer to attest the Agreement, and such officers are hereby authorized to deliver the Agreement. Upon execution by the parties thereto and delivery thereof, the Agreement shall be binding upon the Issuer in accordance with the terms and provisions thereof. Section 3. The Bonds in the aggregate principal amount of $6,000,000 are hereby authorized to be issued by the Issuer for the purpose of paying the cost of acquiring, constructing, reconstructing, improving or expanding, as the case may be, the Project. The Board hereby approves the Indenture, with the Form of Bond attached thereto, and substantially in the form and substance presented to the Board, and the President or any Vice President of the Issuer is authorized and directed on behalf of the Issuer to date, sign and otherwise execute the Indenture, and the Secretary or any assistant secretary is hereby authorized to attest the Indenture, and such officers are hereby authorized to deliver the Indenture. The details of the Bond shall be as set forth in the Indenture. Section 4. The President and Secretary are hereby each authorized and directed to execute the Bonds, or have their facsimile signatures placed upon the Bonds, and each is hereby authorized and directed to deliver the Bonds, and the seal of the Issuer is hereby authorized and directed to be affixed or placed in facsimile on the Bonds. Section 5. The initial sale of the Bonds to Allied Bank Beaumont, N.A. (the "Purchaser") , at a price equal to one hundred (100%) percent of the principal amount of $6,000,000 is hereby authorized and approved. Section 6. Allied Merchants Bank, Port Arthur, Texas, is hereby appointed as Trustee under the Indenture, thereby serving as Registrar and Paying Agent under the terms of the Indenture. Section 7. The President or any Vice President or the Secretary is hereby authorized to execute and deliver to the Trustee the written order of the Issuer of the authentication and delivery of the Bonds by the Trustee in accordance with the Indenture. Section 8. All actions heretofore taken by the Board and officers of the Issuer not inconsistent with the provisions of this Resolution, directed toward the financing of the Project and the issuance of the Bonds, be and the same hereby are ratified, approved and confirmed. The President or any Vice President of the Issuer is hereby authorized to approve such changes in the documents authorized by this Resolution and which shall be deemed necessary and appropriate and not contrary to the general tenor thereof. Section 9. After any of the Bonds are issued, this Resolution (together with any subsequent resolutions pertaining to the issuance of the Bonds) shall be and remain irrepealable until the Bonds and all interest thereon shall have been fully paid or provisions for payment made pursuant to the Indenture. Section 10. If any section, paragraph, clause or provision of this Resolution or the Inducement Resolution, attached hereto and incorporated herein by reference, shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. i•4 PASSED AND APPROVED this the 3 c day of M rch, 1 84. � r Directors of Beaumont Industrial Development Corporation 3. April 13, 1984 Council Letter 434 Honorable Mayor and Members of City Council Subject: Resolution Awarding Bid for Providing Long-distance Telephone Service One of the options that has become available over the past few years with res- pect to long-distance service, is the use of companies that specialize in pro- viding this type of service at rates that are lower than the standard Bell Telephone charges. Several years ago, the City began using a service provided by Directline HASP, Inc. , out of Houston, Texas. As a part of our continuing effort to insure that our services are being se- cured at the cheapest possible rate, bids were requested for the continuation of this type of service. The basis for these bids is essentially a discount rate, based on existing Bell charges. The method of analysis or comparison for bids is, therefore, a percentage discount from Bell rates. Under current conditions, the City's total average long-distance service averages $3,200 per month. The six bids received are as follows: Mercury Long Distance, Lake Charles, Louisiana $2,500 and above monthly 25 percent discount LDS, Inc. , San Antonio, Texas $2,500 and above monthly 25 or 40 percent discount Valu-Line of Beaumont, Inc. , Beaumont, Texas 000 to $2,500 plus above monthly 25 percent discount Directline HASP, Inc. , Houston, Texas $500 to $5,000 monthly 25 percent discount Southwest Communications, Beaumont, Texas $2,500 and above 30 percent discount GTE Sprint Communications, Beaumont, Texas $2,500 and above monthly 25 to 32 percent discount a Council Letter 434 April 13, 1984 F'age 2 In our analysis of bids, the bid of LDS, Inc. of San Antonio, Texas shows a range of between 25 to 40 percent; however, the company has an initial set-up fee, a monthly service fee and charges for each one of the accounting codes. In addition, the system also provides that we would be billed for the call , even in the event of "no answer" or "no connect" for the call . In the case of GTE Sprint Communications out of Beaumont, the rate varies from 25 to 32 percent discount against the basic Bell rate. However, according to in- formation provided by the company, most of this savings will occur after the close of regular business hours and, in our particular instance, the vast majority of our calls are made between 8 a.m. and 5 p.m. Therefore, it is correct to assume that the discount will be much closer to 25 percent than the 32 percent. The bid of Southwest Communications of Beaumont contem- plates a firm 30 percent discount on all usage above $2,500 per month. On analysis, this bid is the lowest and best bid for our particular conditions and is recommended by staff. It is recommended that the resolution awarding the bid to Southwest Com- munications be approved. �L � b-.�.k�� Karl Nollenberger City Manager _ ♦y�L .yyy,-per C� y �� R E S O L U T I O N WHEREAS, bids were received for long distance telephone service; and, WHEREAS, Southwest Communications of Beaumont, Texas submitted a bid which is thirty percent ( 300 ) below 1+ dialing; and, WHEREAS, the City Council is of the opinion that the bid submitted by Southwest Communications 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 Southwest Communications be accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to enter into a contract with Southwest Communications at an amount equal to thirty percent ( 300) below 1+ dialing for long distance telephone service. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 4. April 13, 1984 Council Letter 431 Honorable Mayor and Members of City Council Subject: Resolution Supporting and Encouraging Voluntary Contributions of Gulf States Utilities Refund to "Project Care" Gulf States Utilities recently reached a settlement on a law suit with United Gas Company of America for $112 million. This amount was the re- sult of a United Gas Company's breach of a supplier contract with Gulf States Utilities. Of this $112 million, $46 million will be refunded to Texas customers, and of this amount, $11 million is earmarked for residential customers. "Project Care", a program which was begun several years ago by Gulf States Utilities, was initially funded by a $100,000 contribution from the utility with $50,000 going to the Texas service area and $50,000 going to the Louisiana service area. The intent of this program is to offer emergency assistance to individuals 62 years of age or older who are defined as being needy as it relates to the payment of utility bills. The program is in- tended only for emergency assistance and will not provide regular payments on a month-to-month basis for individuals. Since its inception, Gulf States has also asked for voluntary contributions on its utility bills from its customers. In addition, they have turned to the American Red Cross for ad- ministrative responsibilities relating to the program. Representatives of the American Red Cross, Gulf States and the Mid-County Municipal League have jointly agreed that an effort should be made to encourage voluntary contributions of the monies to be refunded to residen- tial customers within the Gulf States service area. These contributions would be made into "Project Care". Gulf States has agreed to send out, with the refund checks, a self-addressed envelope which the customer can then use to mail their contribution directly to "Project Care". We have been approached by representatives of the Mid-County Municipal League as well as the American Red Cross and have been asked to consider supporting such an effort. It is my opinion that this type of program is an excellent idea and one that can be easily supported by the City. It is recommended that the resolution be approved. U Karl Nollenberger City Manager AGEMA rM R E S O L U T I O N WHEREAS, Gulf States Utilities Company , several years ago, implemented Project Care which is intended to offer emergency assistance to needy individuals, sixty-two (62) years of age or older, for payment of utility bills; and, WHEREAS, as a result of a settlement of a lawsuit with United Gas Company of America, $11 million will be refunded to residential customers in Texas; and, WHEREAS, the City of Beaumont has been requested to support and encourage voluntary contributions of the monies to be refunded to residential customers to "Project Care" ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont supports and encourages the voluntary contribution of the monies to be refunded to residential customers within the Gulf States Service area to "Project Care" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 5. April 13, 1984 Council Letter 430 Honorable Mayor and Members of City Council Subject: Resolution Supporting Texas Municipal League's Pothole Bill During the last session of the Texas Legislature, the Texas Municipal League, representing all of the principal cities in Texas, had as a principal portion of their legislative package, a bill commonly called the "Pothole Bill". This bill allocated $100 million per year in State funding in all Texas cities for street and bridge repairs. Despite extensive lobbying efforts, the Bill failed to pass during the regular session. During the next few weeks, Governor White plans to call a special session of the Texas Legislature to consider proposals to increase State spending on public schools and highways. It is imperative that the cities collectively demonstrate to the Legislature that this Bill is of paramount importance. The Bill , as it relates to Beaumont, would mean an additional $921,300 each year in additional funds for street work in the City. Such an amount would be of great benefit to us in the future. A resolution expressing support for this effort is at- tached to this letter. It is recommended that the resolution be approved. Karl Nollenberger City Manager POTHOLE BILL FACT SHEET The highway finance legislative package supported by TML consists of three parts: (1) A provision to double the rate of the state motor fuel tax from 5¢ to 10¢ per gallon, and an increase the amount of the state motor vehicle registration fee; (2) Increased state appropriations of $1 billion per year to the State Department of Highways & Public Transportation for improvements to state highways and bridges; and (3) The appropriation of state funds for municipal street and bridge repairs--the "Pothole Bill." Under Part Three of the package, the state legislature would appropriate $200 million per biennium for city street and bridge repairs. Half of that amount would be distributed to the cities in 1984-85; the other half would be allocated in 1985-86. Under the Pothole Bill, each city would have to demonstrate a commitment to helping solve its own repair problems by matching its state allocation 30/70. In other words, for each $700 provided by the state, the city would have to put up $300. The entire amount of the city's allocation must be spent for street and bridge repair and maintenance. Expenditures for new construction would not be permitted. All. cities would be eligible for funding. Each city's share would be based on the number of miles of paved street (concrete or asphalt) maintained by the city. There are about 60,000 miles of municipal street in the state. There- fore, each mile of paved street would entitle the city to $100m. - 60,000 = $1,660 per year. A city with 10 miles of street would receive $16,600/year; one with 50 miles of street would receive $83,000 and so on. There are several legitimate reasons the Legislature should approve the Pothole Bill: (1) More than 60% of all motor vehicle travel in the state takes place on city roads. Also, city residents pay a major share of all motor fuel taxes and vehicle registration fees collected by the state. Currently, none of these revenues are remitted back to the cities to help deal with the street repair problems created by the millions of vehicles which generate the revenues in the first place. (2) Unlike many other types of municipal functions, streets and bridges are a statewide concern. The quality of the state's transportation system is dependent upon the quality of local roadways. (3) Raising property taxes is not the answer to our municipal street and bridge problems. The local property tax is overloaded, and many Texas cities have experienced Proposition 13-type taxpayer rebellions during _ the past few years. Remitting $100 million per year back to the cities would provide a direct form of 'tax relief' by alleviating pressures on the local property tax to fund street repairs. (Over) (4) A survey of Texas cities indicates that the backlog of municipal street repair needs exceeds $1 billion. More than 13,000 miles of city streets are in need of major improvement. Texas cities are spending more than $190 million per year on street repairs, but it's not enough. Cities are falling further behind every year, because the street repair backlog is snowballing at rates that exceed local spending increases. The cities will never be able to bring their streets and bridges up to standard without state assistance. (5) The deterioration of city streets and bridges will continue to acceler- ate in the future. The 10 million motor vehicles already in the State are tearing up our local roads and bridges faster than they can be repaired. Twenty years from now, we will have 16 million vehicles to contend with--50% more than we have today. R E S O L U T I O N WHEREAS, authoritative surveys reveal that: 1 ) Texas leads the nation in the number of deficient bridges ( 712,000) and deteriorated state roadways ( 7 ,740 miles) ; the state' s 5j6 per gallon motor fuel tax is the lowest in the nation, and has not been increased in 27 years. Moreover, in 1965, 270 of the state budget went for transportation while in 1982 , only about 10% of the state budget was spent for transportation-related purposes; 3) each Texas motorist pays a "bad roads" tax averaging $291 per year for wasted gasoline, tire wear, car repairs, insurance and medical bills; and, 4 ) additional transportation spending of $51 billion will be needed over the next 20 years to overcome the current backlog of needs--including $ 6. 2 million for road and bridge rehabilitation, $30. 3 billion for reconstruction, $ 6. 7 billion for new roads and $7.7 billion for maintenance; and, WHEREAS, the state' s transportation funding problems are reflected at the local level as follows: 1 ) The current backlog of city street repair needs exceeds 1 billion dollars. Texas cities are spending an estimated $ 193 million per year on street repairs--more than ever before. But they are still falling further behind each year because the street repair backlog is growing at rates that exceed local spending increases. The cities must have state financial assistance in order to bring their streets and bridges up to standard. 2 ) Upwards of 20% of all municipal streets--more than 13,000 miles--are currently in need of major repair. 3 ) The deterioration of city streets and bridges will accelerate in the future. The 10 million motor vehicles already in the state are wearing out local roads and bridges faster than they can be repaired; 20 years from now , the cities will have 16 million vehicles to contend with--more than half again today' s volume; and, WHEREAS, the Texas Municipal League supports the state funding and tax increases necessary to bring out state-local roads and bridges up to par; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: That the Texas Legislature is urged to enact a state-local road and bridge financing package composed of the following: 1 ) An increase of $1 billion per year in funding for the State Department of Highways and Public Transportation. 2) One Hundred Million Dollars per year for the City Street Improvement Fund ( the "Pothole Bill") proposed, but not approved, during the 1983 Legislative session. 3 ) Doubling the rate of the state motor fuel tax to 1036/gallon and increasing motor vehicle license fees as necessary to generate adequate funding. - 2 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - ATTEST: 3 - f / 6. April 13, 1984 Council Letter 432 Honorable Mayor and Members of City Council Subject: Bids on Contract 11 and 17B, Avenue C Lift Station/Force Main and Separation Sewers-Central This is the first of nine projects to be bid under Phase II of our City- Federal Sewer Improvement Projects. A description of the nine projects is attached for your information. Thirteen contractors submitted bids March 19, 1984, on Contract 11 and 17B, Avenue C Lift Station/Force Main and Separation Sewers-Central . Bids ranged from $2,032,939.27 to $3,044,480.00. Estimated cost for the project was $2,110,465 This is an Environmental Protection Agency federal participation 75/25 percent project. Work to be performed under this contract consists of building a 17 million gallon per day lift station and 2,651 feet of force main; installing 9,500 feet of gravity sewer to replace existing combined sewers (sewers receiving both storm water and sanitary sewage) . The proposed lift station will receive flows from the College Street area, shown on the at- tached drawing, as well as from the north, through a proposed sanitary sewer interceptor to be constructed (under separate contract) from the lift station north to St. Helena and IH-10. It is recommended that a contingent award, subject to Texas Department of Water Resources and Environmental Protection Agency approval , be made to the low bidder, BRH-Garver, Inc. for the amount of $2,032,939.27. The bids are as follows: BRH-Garver, Inc. $2,032,939.27 Port City Construction Co. , Inc. 2,085,576.68 Baytown Construction Co. , Inc. 2,088,825.00 R.J. Longo Construction Co. , Inc. 2,187,991.00 CFW Construction Company, Inc. 2,350,301.50 John Bankston Construction & Equipment Rental 2,392,390.00 Jalco, Inc. 2.,400,362.00 Bella Company 2,525,298.36 Blacksher and Son, Inc. 2,552,833.00 Council Letter 432 April 13, 1984 Page 2 Sabine Consolidated, Inc. $2,574,251.00 Mancini-CAT - A Joint Venture 2,682,143.02 Trotti and Thomson Co. 2,798,479.00 Texas Sterling Construction, Inc. 3,044,480.00 It is recommended that this resolution, awarding the contract to BRH-Garver, be approved. Karl Nollenberger City Manager CONTRACT II & 17B SANITARY SEWAGE SYSTEMS IMPROVEMENTS E. P, A. PROJECT NO. C- 481254-04-0 N i I � � ! k * 4\yK� It 1 � x cl •• Xx l I .p b 9L F LF D rv- GI 11 , UE NO to R E S O L U T I O N WHEREAS, bids were received for Contracts 11 and 17B , Avenue C Lift Station/Force Main and Separation Sewer-Central; and, WHEREAS, BRH-Garver, Inc. submitted a bid in the amount of $2 ,032,939. 27 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by BRH-Garver, 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 of BRH-Garver, Inc. be accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to enter into a contract with BRH-Garver, Inc. , subject to Texas Department of Water Resources and Environmental Protection Agency approval, in the amount of $2 ,032,939 . 27 for Contracts 11 and 17B , Avenue C Lift Station/ Force Main and Separation Sewer-Central. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - 7. April 13, 1984 Council Letter 433 Honorable Mayor and Members of City Council Subject: Final Payment - Irving Street Box Project On October 4, 1983, the City of Beaumont awarded a contract to Teal Contracting in the amount of $706,746.40 for the Irving Street Box Project. This project consisted of lining, bypassing, and abandoning sections of the Refinery Box storm sewer near the Irving Street Underpass that were collapsing. The final cost of $732,446.08 includes a $25,699.68 (4 percent) overrun due to variations in estimated and actual quantities necessary for the project. The most signi- ficant item was the additional grout needed to fill collapsed sections of the abandoned box. The contractor completed the project using 58 of the antici- pated 60 working days. Teal exceeded the Minority Business Enterprise goal by using Texas Mechanical Specialty, Inc. to supply approximately $240,000 worth of materials. This results in a participation of approximately 33 percent. The Engineering Division has inspected the project and it was found to have been satisfactorily constructed according to the plans and specifications. It is recommended that Council accept the project as complete and approve final payment in the amount of $45,315.30 to the Contractor. �L r�";a Q,�,. Karl Nollenberger City Manager Nth. 7 R E S O L U T I O N WHEREAS, on October 4 , 1983, City Council awarded a contract to Teal Contracting in the amount of $706,746.40 for the Irving Street Box project; and, WHEREAS, the project was completed at a cost to the city of $732,446. 08, $25,699. 68 over the contract amount, due to variations in estimated and actual quantities necessary for completion of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Irving Street Box project is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to make final payment to Teal Contracting in the amount of $ 45,315. 30. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 19 Mayor - .. a f 8. April 13, 1984 Council Letter 436 Honorable Mayor and Members of City Council Subject: Amendment to City Ordinance on Sale of Various Baby Animals On April 3, 1984, the Council passed an ordinance for the purpose of control- ling the sale of several baby animals, such as baby chickens, ducklings, goslings, skunks, raccoons, foxes, turtles, oppossums or bats for pets. The ordinance has two basic purposes: the control of disease, which can be transmitted by some of these animals, and a more humane approach in deal- ing with small rabbits and chickens during the Easter season. Several complaints were raised concerning the two-month age limit on pro- hibition of sales of baby rabbits as pets. Our Health Department Director has checked our procedure with other cities and agences and recommends that the age limit should be lowered to six weeks. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 84-50 TO CHANGE THE AGE AT WHICH RABBITS MAY BE SOLD AS PETS. WHEREAS, on April 3 , 1984, Ordinance 84-50 was passed making it an offense to sell, offer for sale, barter, lease or give away , or change the natural color of certain baby animals in the City of Beaumont; and, WHEREAS, Section 1 of Ordinance 84-50 is being amended to lower the age at which baby rabbits may be sold as pets; NOW, THEREFORE BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Section 1 of Ordinance 84-50 be, and the same is ;hereby , amended to read as follows: Section 1 . It shall be unlawful for any person, firm, or corporation to knowingly sell, offer for sale, barter, lease or give away baby chickens, ducklings , goslings , skunks, raccoons, foxes, turtles, opossums or bats under three ( 3 ) weeks of age or :rabbits under six ( 6 ) weeks of age as pets, or to color, dye, stain or otherwise change the natural color of baby chickens, ducklings , goslings , skunks, raccoons, foxes, opossums , bats, turtles or rabbits. It is a defense to this section that the sale or exchange of such baby chickens, ducklings , goslings , skunks, raccoons, foxes, opossums , bats, turtles or rabbits was for commercial breeding purposes or for scientific, educational, or governmental purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 1984. Mayor - - 2 - 9. April 13, 1984 Council Letter 427 Honorable Mayor and Members of City Council Subject: Water Treatment Plant Improvements Change Order No. 2 The use of Change Orders is a common practice in large construction jobs. This procedure allows the owner and the contractor to modify a contractural arrangement during construction and provides a vehicle for addressing pro- blems that are uncovered during construction. Change Order No. 2 consists of 13 items which have been found necessary Ito include in the improvements to the Water Treatment Plant, located on Pine at I-10. This Change Order includes: 1. Motor control center modifications $18,932.03 2. Ceramic tile and floor drain in Rooms 305 and 306 2,106.42 3. Replacement of unit heaters in Chemical Building 849.00 4. Tile roofing repairs 1,318.20 5. Switch assembly for sub-station power dis- connect 7,986.74 6. Grating over contact basin influent channel 4,492.68 6a. Handrail at grating over contact basin in- fluent channel 1,321.83 7. Concrete ramp at Administration Building dock 1,734.90 8. Reword Door C-5 3,034.94 9. Reroute of electrical conduit in Chemical Building 613.00 10. Motorized trolley hoist 2,453.97 11. Reroute of feeder and control conduits to west end switch gear 933.43 12. Installation of Kirk Key interlocks 1,980.30 Original Contract $6,106,920.00 Change Order No. 1 (Approved January 24, 1984) 2,828.00 Change Order No. 2 47,757.44 Revised Contract Amount $6,157,505.44 Council Letter 427 April 13, 1984 Page 2 The improvements to the plant involved increasing the capacity of a 35-year- old 10 million gallon-per-day infiltration plant to a 30 million gallon-per- (Jay plant, changing out obsolete pumping and electrical equipment, providing a modern laboratory, and reworking office space and operating facilities. Some electrical work and new pump installations remain to be accomplished with the completion date expected to be around April 15, 1984. This Change Order also extends the completion time by 49 days due to the additional =items listed. The total amount of Change Order No. 2 is $47,757.44, making the revised contract amount $6,157,505.44. The increase due to both change orders amounts to $50,585.44, which represents just under a 1.0 percent increase in contract amount, which is an extremely low percentage for Change Orders on a modification type construction project. These minor changes generally cover revisions that the contractors and our engineering firm, Freeze and Nichols, have jointly discussed and agreed upon during the day-to-day work on this project. It is recommended that the Change Order be approved. �,L r4,, Lf---- Karl Nollenberger City Manager AGMID 4 ITEM R E S O L U T I O N WHEREAS, the City of Beaumont entered into a contract with Midwest Mechanical Contractors, Inc. in the amount of $6 ,106 ,920 for Water Treatment Plant improvements; and, WHEREAS, Change Order No. 2 in the amount of 47 ,757.44 has been recommended to add thirteen ( 13) new items necessary for completion of the project and to extend the completion time by :Forty-nine ( 49) days; 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. 2 to the contract with Midwest Mechanical Contractors, Inc. , for the eater Treatment Plant improvements thereby :increasing the amount of the contract to $6 , 157 ,505.44. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 19 - Mayor - 10. April 13, 1984 Council Letter 441 Honorable Mayor and Members of City Council Subject: Insurance Contract On April 6, 1982, City Council awarded a three-year contract for the City's property insurance coverage to Lexington Insurance Company. On March 26, 1984, Jay Williams f Vice-president p o the Sol 4Jisenber Agency, indicated _. Gated tha 9 9 Y� t the City's Differences in Conditions (DIC) insurer, Lexington Insurance Company, had decided not to renew the Differences in Conditions (DIC) contract. On March 16, 1984, the City was given notice, as provided .in the contract, of Lexington Insurance Company's intention to cancel its coverage. , This cancellation is effective April 16, 1984. Ranger Insurance Company and Hudson Insurance Company have each submitted bids for fifty percent of such insurance coverage on a one-year contract. The new policies will result in a $242.74 increase in premium, as compared to the existing policy; the limits of which will be $10,000,000 with a $100,000 retention level at a cost of $20,404.25. It is recommended that the resolution be approved. Karl Nollenberger City Manager MEN MQ Q wr R E S O L U T I O N WHEREAS, on April 6 , 1982, the City Council passed Resolution 82-132 awarding a contract for the city' s property insurance coverage, primarily flood and earthquake, to the Lexington Insurance Company at a cost of $19 ,490 annually for the period of February 15, 1982 through February 15, 1985; and, WHEREAS, as provided by the contract, Lexington Insurance Company has notified the city of its intention to discontinue property insurance coverage effective April 16 , 1984; and, WHEREAS, Ranger Insurance Co. and Hudson Insurance Co. have each submitted bids for fifty percent ( 50%) of such insurance coverage with a Two Hundred Forty-Two Dollars and Seventy-Four Cents ( $242. 74) increase in premium as compared to the existing policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids of Ranger Insurance Co. and Hudson Insurance Co. for property insurance coverage, primarily flood and earthquake, for a one year term from the date of execution, is hereby accepted, and the City Manager is hereby authorized to pay said premium for such insurance. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. Mayor - i r CONSENT AGENDA APRIL 17, 1984 * Approval of Minutes. a. A resolution authorizing payment for books for the Beaumont Public Library System. b. A resolution authorizing emergency purchase of two compres- sors for the City Hall air conditioning and heating system. c. A resolution authorizing execution of an annual contract for elevator maintenance. d. A resolution amending the Signal Agreement with the State Department of Highways and Public Transportation. e. A resolution accepting a donation of a tower from Lamar University and authorizing expenditures relating to dis- mantling and moving the tower. t x a. April 13, 1984 Council Letter 428 Honorable Mayor and Members of City Council Subject: Payment for Books for Beaumont Public Library System The Beaumont Library periodically has the opportunity to buy books from the Strand Book Store. These books are recently-published review copies sold at half the Publisher's list price. Reviewer's copies are new books sent by Publishers to reviewers at magazines, journals and newspapers for publi- city purposes. The reviewers then sell them to the Strand Book Store in New York City, who in turn sell them to the City. These are the same copies sold in bookstores at full price. The Library has purchased $1,561.75 worth of books from this source for the Public Library System. Payment is to be made from the Educational Materials line item of the Library's operating budget. It is recommended that Council approve this purchase. Karl Nollenberger City Manager 4 ITEM 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 Strand Book Store $1 ,561. 75 for books for the Beaumont Public Library. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - b. April 13, 1984 Council Letter 435 Honorable Mayor and Members of City Council Subject: Resolution Authorizing Emergency Purchase of Two Compressors We are moving into the warm and humid time of the year here in Beaumomt. In the last two weeks, our heating and air conditioning specialists in Building and Housing Services have determined that two large compressers on the roof of City Hall are no longer functioning and must be replaced. The absence of these units reduces our load capacity by half and means that the units will not handle any extended period of fairly high temperatures. Compatible replacement units can be immediately obtained from a local sup- plier for $3,524.30. This will allow our staff to quickly replace these components. Monies are available for this expenditure in the Department's operating budget. It is recommended that the resolution authorizing the emergency repairs be approved. Karl Nollenberger City Manager EVIDDA ITEM 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 Thermal Supply $3 ,524. 30 for the emergency replacement of two ( 2) 6RH3500 copelametic compressors with exchange for the City Hall building to replace compressors which have burned out due to normal wear and tear. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - C. April 13, 1984 Council Letter 426 Honorable Mayor and Members of City Council Subject: Annual Contract for Elevator Maintenance Bids were received on a contract for annual maintenance of the elevators within the Police Building, City Hall , Beaumont Public Librar y, Civic Center, and Julie Rogers Theatre. The bids are as follows: Houston Elevator Company $710.00/month Dover Elevator Company 780.00/month Allied Elevators, Inc. 873.28/month Great Southern Elevator, Inc. 732.02/month Montgomery Elevator Company 696.00/month Money for this monthly maintenance is included in the budgets of the res- pective departments. It is recommended that the bid of Montgomery Elevator Company of Beaumont be approved in the amount of $696.00 per month, or $8,352 annually. 'L'�'" In Karl Nollenberger City Manager yr M R E S O L U T I O N WHEREAS, bids were received for an annual contract for elevator maintenance; and, WHEREAS, Montgomery Elevator Co. of Beaumont, Texas submitted a bid in the amount of $8 ,352 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Montgomery Elevator Co. 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 Montgomery Elevator Co. be accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to enter into an annual contract for elevator maintenance with Montgomery Elevator Co. in the amount of $8,352. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - d. April 13, 1984 Council Letter 425 Honorable Mayor and Members of City Council Subject: Traffic Signal Agreement Amendment On February 7, 1984, Council passed a resolution allowing the Manager to enter into an agreement with the State Department of Highways and Public Transporta- tion for the installation of a traffic signal at U.S. 69 Frontage Roads and State Highway 124. As outlined in the agreement, the State will furnish the funds for the actual construction, preparation of plans and specifications, will operate and maintain the traffic signal upon completion of the installa- tion by the State. In addition, the City will pay all power cost for opera- ting the signal . After the agreement had been signed and returned to the State, they notified us that they inadvertently submitted an agreement form that is no longer used. They are requesting that the following amendments be included in the agreement: 9. In the event the signal (s) installed in accordance with this agreement become unnecessary or are re- moved for any reason, this agreement shall be ter- minated. 10. The State will not incur any financial obligation to the City as a result of this agreement. It is recommended that the amendment to this agreement be approved. �'L 1�", �' Karl Nollenberger City Manager "A UTEM R E S O L U T I O N WHEREAS, on February 7 , 1984, the City Council passed Resolution No. 84-52 authorizing the City Manager to execute an agreement with the State Department of Highways and Public Transportation for the installation and maintenance of a signal at State Highway 124 ( Fannett Road) and U. S. 69 frontage roads ; and, WHEREAS, after the agreement had been signed and returned to the State, it was realized that the wrong agreement form had been used; and, WHEREAS, the State wishes to amend the signal agreement by including two ( 2 ) new provisions; NOVI, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to amend the agreement entered into with the State Department of Highways and Public Transportation to include the following two ( 2) provisions: 9 ) In the event the signal( s) installed in accordance with this agreement become unnecessary or are removed for any reason, this agreement shall terminate. 10) The State will not incur any financial obligation to the City as a result of this agreement. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - e. April 13, 1984 Council Letter 437 Honorable Mayor and Members of City Council Subject: Donation of Tower from Lamar University Lamar University has donated to the City of Beaumont a tower that it no longer needs. This tower is about 175 feet high and is self-supporting with a four- leg stand. The Fire Department feels that this is an excellent opportunity to replace the many towers and antennas that are now on the roof of the Fire Depart- ment Headquarters Building. This tower should accommodate all the antennas and cables now in use and still support the microwave dish to be installed in the near future. It should also support any other antennas that may be needed at a future date, should the City make the Fire Department the primary Emergency Operations Center. This move would greatly reduce the cost and need for many telephone lines now being leased between the Police and the Fire Departments. Roof-mounted towers are unsightly and are often a source of many problems. Therefore, we suggest. taking advantage of this opportunity to secure this tower. By way of comparison, it is estimated that a new tower would cost approximately $54,000. It will also be necessary to approve the expenditure of $1,950 to Anthony Crane Rental for use of equipment needed in dismantling the tower and around $1,950 to Lumberton Tower Service for the expert labor needed in such an effort. The monies necessary for this are available in the Fire Department' s operating budget. It is recommended that this resolution be approved. Karl Nollenberger City Manager r IL AGENDA Rpraff NO •L# 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 accept the donation of a tower from Lamar University and approve the expenditure of One Thousand Nine Hundred-Fifty Dollars ( $1 ,950) to Anthony Crane Rental & One Thousand Nine Hundred-Fifty ( $1 ,950) to Lumberton Tower Service for the dismantling and removal of the tower. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 1984. - Mayor - r r WORK SESSION AGENDA APRIL 17, 1984 CITY COUNCIL CHAMBERS 1. Community Development Block Grant "removal of barriers" funds to South Park Independent School District. 2. Discussion of Conflict of Interest Policy. W/S April 13, 1984 2. Council Letter 440 Honorable Mayor and Members of City Council Subject: Discussion of State Conflict of Interest Law The last session of the Texas Legislature passed a new and stringent law relating to possible conflict of interest provisions for governing bodies, as well as Managers in decision-making positions. It is appropriate, at this time, for the City Attorney to go over with you the provisions of this law. Karl Nollenberger City Manager W/S April 13, 1984 1. Council Letter 438 Honorable Mayor and Members of City Council Subject: Review of Community Development Block Grant Citizens Advisory Committee Recommendation Concerning Funding of Public Facility Improvement Proposal The City allocated $100,000 in the 1983 Community Development Block Grant Final Statement of Objectives and Projected Use of Funds for Public Facility Improvements. The funds were to be used to assist in the removal of physical barriers which prevent accessibility for handicapped persons. The City advertised accepting proposals for approximately one month. One proposal was received, that of South Park Independent School District (SPISD). The SPISD estimated that it would cost approximately $100,000 to remove architectural barriers and install ramps at the following schools: Dunbar Elementary School Beaumont Charlton-Pollard High School Crockett Middle School French High School Bowie Middle School Lincoln/Martin Schools We request Council 's review of the Citizens Advisory Committee's recommenda- tion of funding the proposal from SPISD. The subcommittee met on February 29, 1984, to review the proposal and made their presentation to the full Citizens Advisory Committee on March 22, 1984. The Citizens Advisory Committee, in their March 22nd meeting, voted 9 to 1 to recommend approval of the proposal in the amount of $100,000. It is, therefore, recommended that the Citizens Advisory Committee's re- commendation be approved by Council . �2� Karl Nollenberger City Manager J i f CALENDAR ** Saturday, April 14 - "Po Folks" , next to Toys R Us 10:00 A.M. - Ribbon Cutting Ceremonies (Ron Whelpley) *** 6:00 P.M. - Colonnade Spa - Collonade Shopping Center Ribbon Cutting Ceremonies (Paul Bernstein & Betty Hurst) * Monday, April 16 - Wimberly Building, Lamar University 11:00 A.M. - Ceremonies for "Love Lamar Week" (Tommy Gard - Shandra McSpadden) 3:45 P.M. - Council Chambers Joint Planning & Zoning Hearing (COUNCIL QUORUM REQUIRED) 4:15 P.M. - 3rd Floor Conference Room, City Hall Parks & Recreation Advisory Committee Meeting * Tuesday, April 17 - Kroger's; 23rd & Phelan 8:00 A.M. - Ribbon Cutting Ceremonies (Paul Vickers) 1:15 P.M. - Council Chambers Council Meeting, followed by Work Session * MAYOR ** COUNCILMEMBER MOORE *** COUNCIL.MEMBER BRUMLEY CALENDAR Page 2 Wednesday, April 18 - Council Chambers 2:00 P.M. - Board of Adjustment Meeting * 3:30 P.M. - John Gray Institute Steering Committee for Golden Triangle Futures Conference Meeting 6:30 P.M. - Holidome AGC of Texas Dinner Meeting (Gene Gatlin, Area Manager) * Friday, April 20 - Vincent-Beck Stadium 6:30 P.M. - Pregame Ceremonies for Golden Gators (Pat O'Conner, Assistant General Manager) * MAYOR ** COUNCILMEMBER MOORE *** COUNCILMEMBER BRUMLEY