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HomeMy WebLinkAboutPACKET APR 15 2008 RICH WITH OPPORTUNITY r T • E • % • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 15,2008 11:00 A.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve the purchase of a loader backhoe for use in the Parks and Recreation Department B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Metropolitan Park Subdivision, Phase I C) Authorize the acceptance of a ten(10)foot wide water line easement providing access for fire prevention services for Odom Academy A RICH WITH OPPORTUNITY 1111EAIIII�Iclll T • E • X . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: April 15, 2008 REQUESTED ACTION: Council consider the purchase of a loader backhoe. RECOMMENDATION Administration recommends the purchase of one (1) Case 580 Super M Loader Backhoe for the Parks and Recreation Department from Equipment Support Services, Inc., of Houston through the Houston-Galveston Area Council (H-GAC) in the amount of$58,923.60. BACKGROUND H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. There is no administrative fee associated with this purchase. The loader backhoe will be used by the Parks Division for the removal and installation of playground equipment, trees, water lines and general construction and maintenance throughout the City. Warranty service will be provided by the local Case dealer. The standard warranty is one (1) year. Delivery will be within ninety (90) days. This new loader backhoe will replace Unit 5116, a 1994 Ford tractor backhoe, which will be disposed of according to the City's surplus equipment disposal policy. BUDGETARY IMPACT Funds are budgeted in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one(1)Case 580 Super M Loader Backhoe for the Parks and Recreation Department from Equipment Support Services, Inc. of Houston through the Houston-Galveston Area Council(H-GAC)cooperative purchasing program in the amount of$58,923.60. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April, 2008. - Mayor Becky Ames - B RICH WITH OPPORTUNITY I'Em ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works—rw. MEETING DATE: April 15, 2008 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Metropolitan Park Subdivision, Phase I. RECOMMENDATION Administration recommends approval of the following: • Metropolitan Drive from existing Dowlen Road approximately 1100 feet west to the private section of Metropolitan Drive. Also, recommended for approval are the water and sanitary improvements for Metropolitan Drive right-of-way for Phase I. BACKGROUND The aforementioned improvements in the subdivision passed final inspection by all entities involved on April 9, 2008. BUDGETARY IMPACT None. MetropolitanParkcg.wpd 04/08/2008 RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Metropolitan Park Subdivision, Phase I, have been completed as follows: Street, Storm Sewer, Metropolitan Drive from existing Dowlen Road approximately 1100 feet west to the private section of Metropolitan Drive. Water and Sanitary Sewer Improvements Metropolitan Drive right-of-way for Phase I. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department have determined that said improvements meet city standards and 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 above-referenced street, storm sewer, water and sanitary sewer improvements in Metropolitan Park Subdivision, Phase I, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April, 2008. - Mayor Becky Ames - c RICH WITH OPPORTUNITY IIEA,111�1011 T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager -aD PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 15, 2008 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement providing access for fire prevention services for Odom Academy located at 7550 W. Virginia. RECOMMENDATION Administration recommends acceptance of the above named easement. BACKGROUND Beaumont Independent School District has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The approximately 586.84 foot long easement [out of the J. W. Bullock Survey] will provide mandatory access to the water lines and fire hydrants for Odom Academy [7550 W. Virginia] and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARY IMPACT None. engodom_academy-ib.wpd 8 April 2008 RESOLUTION NO. WHEREAS, Beaumont Independent School District has offered to convey a ten-foot (10')wide Water Line Easement, being approximately 586.84 feet out of the J. W. Bullock Survey, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services for Odom Academy located at 7550 W. Virginia; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Beaumont Independent School District, as described in Exhibit "A" and shown on Exhibit"B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April, 2008. - Mayor Becky Ames - Fiffi & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT"A",Page 1 of 2 CENTERLINE DESCRIPTION FOR A 10' WIDE WATER LINE EASEMENT OUT OF THE J. W. BULLOCK SURVEY,ABSTRACT 7 JEFFERSON COUNTY, TEXAS MARCH 29, 2008 A centerline description for a 10-foot wide water line easement (5 feet each side of centerline) out of the J. W. Bullock Survey, Abstract 7, Jefferson County, Texas, being out of a called 1.527 acre tract conveyed to South Park Independent School District as recorded in Volume 2401, Page 68 of the Deed Records of Jefferson County, Texas and a 15 acre tract conveyed to South Park Independent School District as recorded in Volume 713, Page 130 of the Deed Records of Jefferson County, Texas, said South Park Independent School District changed to Beaumont Independent School District as recorded in Film Code 101-72-0826 of the Real Property Records of Jefferson County, Texas, said centerline description being more particularly described as follows: Note: The Basis of Bearings is the east line of the Madane Addition, a plat recorded in Volume 9, Page 99 of the Map Records of Jefferson County, Texas having been called North. COMMENCING at a concrete monument found in the west line of the said 1.527 acre tract and east line of the said Madane Addition for the southeast comer of Lot 10 and the northeast comer of Lot 11 of the said Madane Addition; THENCE South along a portion of the east line of said Lot 11 and the said west line of the 1.527 acre tract a distance of 68.42 feet (called South) to a point in the north right-of-way line of Virginia Street for the southwest comer of the said 1.527 acre tract; THENCE North 86°21'11" East along the said north right-of-way line of Virginia Street and the south line of the said 1.527 acre tract a distance of 15.51 feet (called North 86°31'19" East) to a point for the POINT OF BEGINNING of the said centerline; THENCE North 00 009'55" East, at a distance of 556.06 feet pass a point for the POINT OF BEGINNING of the centerline of Tap A, a 10'wide easement (5' on each side of centerline) from which the POINT OF TERMINATION of said Tap A bears North 89 050'05" East 74.82 feet, and continuing a total distance of 586.84 feet to an angle point; THENCE North 00 008'00" East a distance of 345.05 feet to an angle point; THENCE North 87 051'35" East a distance of 132.21 feet to an angle point; F"uYz&Shipman,Inc Project No. 07212Task 1 Plat&Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax(409) 832-7303 EXBOEBIT"A",Page 2 of 2 THENCE North 00 057'28"West a distance of 92.39 feet to a point for the POINT OF TERMINATION of the said centerline, said centerline being 2.00 feet east of the southeast comer of Tract 80 as shown on a Jefferson County Appraisal District plat. This Field Note Description is based on a survey performed by Fittz&Shipman, Inc. on January 30, 2008. I-01 �&UJA I .�R� • Steven R. Boucher �r Registered Professional Land Surveyor No. 5056 BOUCHEA Fritz&Shipman,Inc Project No. 07212TAsk 1 Plat&Description TR-83 „ EXHIBIT V , PAGE 1 OF 1 TR-9 TR-70 $ w TR-27 B 12 TR-79 — =%o 4. Z B-12 o so O TR-72 - _o = TR-28 TR-69 I 0 Ocf IRON TR-80 a TR-9A PARENT TRACT CONCRETE DEED ENE MONUMENT IJ POINT OF TERMINATION a LOT 1 a EAST Nus*eon OIARIUNR DE LOT 2 r L4— BOOKER TERRACE ADDITION VOL 0.PQ 135.Y.R-LC. a LOT 3 w w 4 o B.I.S.D. x E FOUND I/Z' I K4 (FORMERLEY SOUTH PARK INDEPENDENT 1 ROD n SCHOOL DISTRICT) VOL 713,Pr.130.0.R.,C (CALLED 1S ACRES) Q � LOT 5 � W 0 I$ o � LOT 6 b Ig a LOT 7 I L,FR,ER LINE of 10'MAZER LINE EASEMENT W E4C4 SIDE OF LINE) LOT 8 FIRE HYDRANT SEE DETAIL FOUND AND MATER VALVE CONCRETE MONUMENT LOT 1 L3 POINT OF TERMINATION R LOT 2 POINT OF TAP A BEGINNING DETAL TAP A CONCRETE uo"uuENr LOT 3 0 556.06 s LOT 4 I W =1 CONCRETE MOMRENT o SOUTHEAST GARNER = BOOMER TERRACE t` W NORTHEAST m a a CORNER LOT 51 40 IM7 ?ti?lii NMYJANE AOO'N i U6 y Q-,d n CONCRETE MONUMENT R W vi LOT 6q g„ m g a o Z I Di 4d-- MARJANE ADDITION e LOT 7 n 8=" VOL 9.PC.901.M.R.J.C. $ I O N N V 8 J R LOT 8 cx o LOT 9 (FORMERLEY SOUTH PARK INDEPENDENT SCHOOL DISTRICT) g LOT 10 I VOL 14W.PG.517,D.R.,C. COMMENCING (CALLED 10.124 ACRES) POINT CIO UNLINK LINK FENCE FOUND CONCRETE MONUMENT LOT 11 M L2 FIRE HYDRANT MATER VALVES POINT OF 1 t BEGINNING CENTERLINE VIRGINIA STREET �aE„ IB- DIRECTION DISTANCE SURVEYOR'S CERnFic ,TEL _souTH - 6a42 N B6z1'11 E — 15.51 1 DO HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AID BELIEF'THAT THIS IS AN ACCURATE PLAT OF A SURVEY MADE ED N 0071'19'E ON THE GROUND ND UER NY SUPERNSIDN ON JANUARY 30 AND N BB30 05 E — 74.82 FEBRUARY 20,xOD& N 8731'35 E — 132.21 3 1,20001 Ox:27Pm STEVEN R. BOUCHER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5056 ttz&'Shipman 1 O' W I D E W AT E F2 L_I N E EA S E M E N T SHEET NO. INC.PROJECT NAME: OOOM ACADEMY 1 7550 w. VIRGINA L'DRMERSTONE COURT,BEAUMONT.TEXAS BEAUMONT, TEXAS M)032-7238 FAX(400)B$-7303 PROJECT NO. DATE 3-z7-oa onlzrsl RICH WITH OPPORTUNITY BEA,IIMON* T - E * R - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 15, 2408 11:00 A.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider confirming the appointment of Anne Huff as Fire Chief 2. Consider authorizing the award of a contract for the School Sidewalk Program 3. Consider authorizing the acquisition of property in the 3500 Block of East Lucas for a new community center 4. Consider approving a contract for reconstruction of homes damaged by Hurricane Rita 5. Consider authorizing the City Manager to increase the Rehabilitation of the Primary and Secondary Trickling Filters Project for"extra work" 6. Consider approving a resolution to provide for the reimbursement of costs incurred prior to issuance of up to $30 million in Certificates of Obligation or other tax exempt obligations planned for the summer of 2008 WORKSESSION * Review and discuss amending Section 2-40 of the Code of Ordinances to establish and implement an emergency management program specific to the City of Beaumont 7. Consider authorizing the Mayor to withdraw the City of Beaumont from the Jefferson County Interjurisdictional Emergency Management Program and consider amending Section 2-40 of the Code of Ordinances to establish implementation of a program specific to the City of Beaumont * Review and discuss Phase I of the Calder Project from the Neches River to just west of M.L. King Boulevard PUBLIC HEARING * Receive citizen comments on the Public Service and the Public Facilities and Improvements line items of the Consolidated Grant Program's 2008 Annual Action Plan COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of William Gardiner Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880.3716 three days prior to the meeting. 1 April 15, 2008 Consider confirming the appointment of Anne Huff as Fire Chief RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: April 15, 2008 REQUESTED ACTION: Council consider confirming the appointment of Anne Huff as Fire Chief RECOMMENDATION The City Manager recommends approval. BACKGROUND Anne Huff was appointed by the City Manager as Fire Chief on March 31, 2008. According to State Law, the Fire Chief and Police Chief are appointed by the municipality's chief executive and confirmed by the municipality's governing body. Chief Huff has worked in the Beaumont Fire Department since 1986 and has served as a Firefighter, Driver/Operator, Captain and a District Chief. She has had an outstanding career in the Fire Department and has extensive knowledge of the fire service. Chief Huff s extensive resume is attached. PUBLIC OFFICERS AND EMPLOYEES § 143.014 )n or more ti�li al PPointtnent and Removal of Depart- (b) If approved by the governing body of the mu- , by Se " n ment Head nicipality by resolution or ordinance,the head of a fire )unless elected,each department head is: or police department in the municipality in which at (1) a ointed by the municipality's chief execu- least four classifications exist below the classification 1987. 87 e,and confirmed by the municipality's governing of department head may appoint each person occupy- ),eff..Aug.28;:1 dY, or ing an authorized position in the classification immedi- eff• Sept. ately below that of department head, as prescribed by (2) in a municipality having an elected fire or this section. The classification immediately below olice commissioner, appointed by the fire or police 101 sioner in whose department the.vacancy ex- that of department head may include a person who member shall. has 'a different title but has the same pay grade. eats and confirmed by the municipality's governing - i. body. (c) In a police department, the total number of �cords of each lie (b) A person appointed as head of a`fire`department persons appointed to the classification immediately ,omission. ust be eligible for certification:by the Commission on below that of department head may not exceed the decision, or a Protection Personnel Standards and' Education at total number of persons, plus one, serving in that intermediate level or its equivalent as determined classification on Jan 1, 1983. In a fire depart- written and co 3' ,- P amission shall re y that commission and must have served as a fully merit in a municipality having fewer than 300 certified " d fire fighter for at Jeast five years. .A person fire fighters, the department head may appoint not pointed as head of,a police I department must be more than one person to the classification immediately Sept.1,1987. ble for certification by the.Commission on Law below that of department head. If a municipality has nfpreement Officer Standards and Education at the 300 to 600 certified fire fighters,the department head rmediate level or its equivalent as determined by may appoint.two persons to the classification. If a commission and must have served as a bona fide office of' that comnu the 't has more than 600 certified fire fighters, ter, municipality Police Officers' C' "w enforcement officer for at,least five years. the department head may appoint three persons to ,Irddpality. The c. O:•Except as provided by Subsection (d), if a per- the classification. This subsection does not apply to a or. The chrector sh on is removed from the position of department head, municipality that has adopted The Fire and Police emission and perfo a person shall be reinstated in the department and Employee Relations Act (Article 5154c-1, Vernon's ice,system as requi� , aced in a position.with a rank not lower than that Texas Civil Statutes) unless the municipality specifi- ission may remove ell d by the person immediately before appointment as tally adopts the appointment procedure prescribed by k-tment head. The person retains all rights of eniority in the department. this subsection through the collective bargaining pro- irector must meet ea cess. to the commission p d) If a person serving as department head is in munt ged with an offense in violation of civil service (d) A person appointed to a position in the classifi- �keep t that a es and is dismissed from the civil service or dis- cation immediately below that of the head of the police ss than won'et from his position as department head, the department must: last the local residence on has the same rights and privileges of a hearing t% s fore the commission and in the same manner and (1) be employed by the municipality's police de- "6ector may be a com der the same conditions as a classified employee. partment as a sworn police officer; Vei'nployee,'or some otfier ,tj-6 commission finds that the charges are untrue,or (2) have at least two years' continuous service in a, a ounded, the person shall immediately be restored that department as a sworn police officer; and iij' deters the same classification that the'person held before �ing body shall (3) meet the requirements for appointment as omtrrient as department head. The person has all paid to the direct° tights and privileges of the prior position accord- head of a police department prescribed by Section chaPteT takes effect 'to seniority and shall be paid his full salary for the 143.013(b). pality has a duly a of suspension. (e) A person appointed to a position in the classifi- „Sivil.service, regardle$1 '`1987,70th Leg.,ch.149,§ 1,eff.Sept.1,1987. cation immediately below that of the head of the fire time in office _as th@ department must: lion and shall adTnln `' '143.014. Appointment and Removal of Person depart- prescribed by this tt; Classified Immediately Below De- partment Head ment; off.Sept.1,1987- enda (a) This section does not apply to a municipality (2) have a permanent classification in at least an § 1, eff. Sept. 1,10' a population of 1.5 million or more. officer level; and 277 ` A Arme-.C. Huff C ! t. f�� y �f. Relevant Work Experience Beaumont Fire/Rescue Services, Beaumont, TX: GRADE IV-DISTRICT CHIEF 1998-Present Chief Training Officer—planned, developed, implemented, documented and evaluated the department's eight established continuing education programs; administered certification programs for 229 persons holding a total of over 1500 certifications that are regulated by four distinct state/federal agencies; developed and maintained facilities and administered the budget for Beaumont Fire/Rescue Services Training Center; served as departmental Safety Officer; coordinated and completed numerous administrative and special projects that include policy/ procedure development and implementation,and grant writing and administration. GRADE III-CAPTAIN 1995-1998 Dispatch Supervisor—insured the department's calls for service were processed quickly and accurately; monitored emergency incidents and deployed appropriate resources; handled after- hours citizen complaint calls concerning all areas of City services; researched and negotiated scheduling changes that improved productivity and worker retention in the Division. GRADE 11-DRIVER/OPERATOR 1991-1995 Driver/Operator, C-Shift—maintained readiness of apparatus and equipment; responded to fires, emergency medical calls and other emergencies; member of the Hazardous Materials Response Team; coordinated and completed and special public education projects. GRADE I-FIREFIGHTER 1986-1991 Firefighter/Public Education Specialist—responded to fires, emergency medical calls and other emergencies; coordinated the department's public education activities; served as Curator and Executive Director of the Fire Museum of Texas; coordinated and completed administrative and special projects,including development of a strategic plan for the Fire Museum of Texas. Related Work: ADJUNCT INSTRUCTOR–Incident Management/Homeland Security Program 2007-Present Texas A &M University—Emergency Services Training Institute College Station, TX INSTRUCTOR-Hazardous Materials Program 2001-2007 Triangle Rescue and Safety Specialists Lumberton, TX FACILITATOR-Fire Grant Criteria Development Committee 2002 International Association of Fire Chiefs Fairfax, VA CONSULTING ITEM WRITER-Promotional Examinations 1999-2002 SHL Landy-Jacobs Boulder, CO ADJUNCT INSTRUCTOR–Fire Technology Degree Program 1993-1998 J Lamar Institute of Technology Beaumont, TX . Current Professional Certifications Executive Fire Officer—National Fire Academy. Master Firefighter,Master Instructor,Driver/Operator,Fire Officer I—Texas Commission on Fire Protection. Haz Mat Technician,Haz Mat Incident Commander—Environmental Protection Agency. Emergency Care Attendant—Texas Department of State Health Services. Texas Teacher Certification—Texas Education Agency. Education Lamar University, Beaumont, TX: Master of Business Administration -Operations Management specialization, 1993. Bachelor of Science in Secondary Education-Mathematics specialization,Cum Laude, 1985. Bachelor of Science in All-Levels Art Education-Cum Laude, 1985. Bachelor of Fine Arts in Art-Graphic Design/Advertising specialization,Cum Laude, 1983. Professional Development Activities: • March,2007—Marine Firefighting,Industrial Fire World. • March,2007—High Rise Firefighting Operations,Lamar Institute of Technology. • February 2007—Texas WMD/Terrorism Regional Tabletop Exercise,Texas Engineering Extension Service. • February, 2007—Advanced ICS for Command&General Staff,Texas Engineering Extension Service. ■ February,2007—Intermediate ICS for Expanding Incidents,Texas Engineering Extension Service. • December,2006—Threat&Risk Assessment,Texas Engineering Extension Service. ■ November,2006—Human Resources&the Law, Rockhurst University Continuing Education. ■ April, 2006—Hurricane Evacuation Tabletop Exercise,Texas Engineering Extension Service. • April, 2006—Intermediate ICS,United States Coast Guard ■ February, 2006—Continuity of Operations Awareness Course,Federal Emergency Management Agency. ■ February, 2006—Role of the E.O.C. in Preparedness,Response&Recovery,F.E.M.A. ■ February,2006—The National Response Plan, Federal Emergency Management Agency. ■ February, 2006—The National Incident Management System,Federal Emergency Management Agency. • June, 2005—Haz Mat ID FT-IR Instrument Operation,Smith Detection. ■ June, 2005—Basic Incident Command System,National Fire Academy. ■ June,2005—Introduction to the Incident Command System,National Fire Academy. ■ March, 2005—WMD/Terrorism Incident Functional Exercise,Texas Engineering Extension Service. ■ January,2005—Hazardous Materials Incident Command,Texas Engineering Extension Service. • July,2004---Command Training Center Seminar,T.E.E.X/Phoenix Fire Department. ■ August,2003—Fire Officer I,Texas Fire Chiefs Association. ■ November,2002—Physical Performance Standards for Public Safety Personnel,Texas Municipal League. ■ July,2002—Fire Service Supervision,National Fire Academy. • July,2002—Self-Study for Community Safety Educators,National Fire Academy. • July,2002—Emergency Response to Terrorism Self-Study,National Fire Academy. • March,2002—Executive Leadership,National Fire Academy. • February, 2002—The IC's Role in Saving Our Own,Texas Engineering Extension Service. • January,2002—Texas Fire Educators Conference,Texas Association of Fire Educators. 2 • May,2001—Executive Analysis of Fire Service Operations in Emergency Management,N.F.A.. • January,2001—Law Enforcement Response to Weapons of Mass Destruction Incidents,L.S.U. • September,2000—Incident Safety Officer,National Fire Academy. • August,2000—Fire Service Planning for the 21 st Century,National Fire Academy. • May,2000—Public Officials Emergency Management Conference,Texas Department of Public Safety. • April,2000—Strategic Management of Change,National Fire Academy. • March,2000—Insurance Services Office: Lessons Learned,Texas Fire Chiefs Association. • February,2000—Fire Service for the New Millennium, Brazoria/Fort Bend Counties Instructors Association • January,2000—Incident Management System by Alan V. Brunacini,Texas Engineering Extension Service. • November, 1999—Maximizing Front Line Performance,National Strength&Conditioning Association. • June, 1999—Developing&Delivering Powerful Employee Orientation Programs,American Mgmt.Assn. • April, 1999—Executive Development,National Fire Academy. • March, 1999—Emergency Medical Dispatch Re-certification,Powerphone. • February, 1999—Microsoft Access-Intro. &Advanced,Creative Micro Solutions. • January, 1999—The Basics of Writing Effective Policies and Procedures,American Management Assn. • January, 1999—Texas Fire Educators Conference,Texas Association of Fire Educators. • November, 1998—Human Relations Conference,International Association of Firefighters. • November, 1998—How to be a Better Trainer,American Management Association. • August, 1998—Incident Command&Customer Service,Alan V.Brunacini. • December, 1997—Fire Service Dispatch,Powerphone. • August, 1997—Overcoming Negativity in the Workplace,Career Track. • March, 1997—Administration Automation Institute,International Foundation of Employee Benefit Plans. • February, 1997—Liability and Public Image Concerns, Dispatch Institute. • August, 1996—Behavioral Course in Traffic Safety Education,National Traffic Safety Institute. • May, 1995—Financial&Investment Management,Callan Center for Investment Training. • April, 1995—Emergency Medical Dispatch,Powerphone. • February, 1995-9-1-1 Advanced Telecommunicator, South East Texas Regional Planning Commission. • January, 1995—Basic Telecommunicator Certification,APCO Institute. • October, 1994-9-1-1 Basic Telecommunicator Course,South East Texas Regional Planning Commission. • February, 1994—Haz Mat Hazard Analysis,Texas Department of Public Safety. • May, 1993—Hazardous Materials Technician,Mississippi State Fire Academy. • October, 1992—Hazardous Materials Emergency Response,A.I.D.,Inc. • June, 1992—Hazardous Materials in Rail Transportation,American Association of Railroads. • March, 1992—Radiological Response Teams,Texas Department of Health. • September, 1991—Flashover Survival: Train-the-Trainer, Swede Survival Systems. • March, 1991—Leadership&Supervisory Skills,National Seminars Group. • January, 1991—Designing with Desktop Publishing,Business&Professional Research Institute. • December, 1990—Dealing with Vendors &Suppliers,American Management Association. • October, 1990—At Your City's Service,Chris Hartung&Associates. • May, 1990—How to be a Better Purchasing Assistant, American Management Association. • April, 1990—Residential Sprinklers Workshop,United States Fire Administration. • April, 1990—Working Women's Stress Management,CareerTrack. • March, 1990—In Search of Excellence, CareerTrack. ■ March, 1990—How to Write a Grant&Get it Funded, South East Texas Arts Council. 3 • November, 1989—Dealing with Upset Citizens&the Public,Leadership Training Associates. • November, 1989—The One Minute Manager,CareerTrack. • May, 1989—Methods of Teaching Fire Service Subjects,Texas Engineering Extension Service. • September, 1988—How to Deal with Difficult People,CareerTrack. • November, 1998—Winedale Museum Seminar,Texas Historical Commission. • August, 1998—Introduction to Fire Safety Education,National Fire Academy. • May, 1988—Power Communication Skills,CareerTrack. • April, 1988—Business Writing Skills,CareerTrack. • January, 1988—Image&Self Projection,CareerTrack. Professional and Community Service • Volunteer—Sallie Curtis Elementary School,2007-present. • Committee Member—Sabine-Neches Chief s Association Education Committee,2006-present. • Volunteer Educator—St. Anne Catholic Church CCD Program,2005-2006. • Team Member—St. Anne Women's A.C.T.S.Retreat,2004. • Designer—Commemorative Coin,Salute to Real American Heroes,2002-2003. ■ Conference Committee-126`h Annual S.F.F.M.A. Training Conference&Convention, 2002. ■ Advisory Board Member—Lamar University Annual Emergency Response School, 1998-2002. • Participant—Boys Haven Firefighter's Celebrity Luncheon,2001. • Volunteer Presenter—Junior Achievement Program, 1998-2001. ■ Advisory Board Member—East Texas Area Fire Protection School, 1998-2000. ■ Vice-Chairperson—Beaumont Firemen's Relief and Retirement Fund, 1995-1998. ■ Team Organizer—March of Dimes Walk America, 1987-1992. ■ Program Facilitator—IAFC National Fire Museums Seminar, 1989-91. • Designer—Buy Beaumont campaign,Beaumont Chamber of Commerce, 1990. ■ Local Arrangements Committee—Texas Association of Museums Annual Meeting, 1989. ■ Project Manager/Designer--Fire Safety Activity Center Project, 1989. ■ Contributor—International Code of Ethics for Fire Chief Officers,IAFC, 1987. Significant Research Projects: Published Works "Systematic Succession Planning: Creating Excellence by Planning for Competence and Accountability," applied research project,Executive Fire Officer Program,National Fire Academy,Emmitsburg,MD,2002. "Restructuring Beaumont Fire/Rescue Services: A Path to Cultural Transformation," applied research project, Executive Fire Officer Program,National Fire Academy,Emmitsburg,MD,2001. "The Renaissance of the Fire Service: Choosing the Path Toward Empowerment," applied research project, Executive Fire Officer Program,National Fire Academy,Emmitsburg,MD,2000. "Composing a Career Development Guide for Beaumont Fire/Rescue Services." applied research project, Executive Fire Officer Program,National Fire Academy,Emmitsburg,MD, 1999. "Flashover: Training for Survival."Texas Firemen 27,no. 5 (June 1992): 26-27. "A Visit to the Fire Museum of Texas."Texas Firemen 24,no. 10(December 1989): 6-7. 4 . Awards • Guest Presenter-18`h Executive Fire Officer Graduate Symposium,National Fire Academy,2006. • Safety Award—City of Beaumont, 1994. • Distinguished Graduate—National Catholic Education Association, 1992. • Presenter—National Fire Protection Association Annual Meeting,Education Section, 1990. • Participant—Winedale Museum Seminar,Texas Historical Commission, 1988. • Outstanding Member—Graduating Class of 1985,Lamar University, 1985. • National Merit Scholar—Gulf Oil Corporation Scholarship, 1979-1983. • Valedictorian—Bishop Byrne High School, 1979. Significant Professional AccomDlishments: Special Projects Coordinating the stand-up requirements and tracking systems development for response and recovery efforts in Jefferson County.Texas related to Hurricane Rita,2005 Strategy: Coordinating the capability requirements necessary to initiate and sustain county-wide Emergency Operations Center endeavors related to the management of Hurricane Rita. Results:County EOC was stood up,staffed,and able to meet community disaster-related needs. Developing a plan and financine to address key safety issues present within Beaumont Fire/Rescue Services,2002. Strategy_ Developing, writing, and coordinating the 2002 Fire Act Grant, centering on strategies, equipment and technology that would positively impact safety of responders while enhancing service quality. Results: Over$500,000 in federal grant monies were awarded, providing opportunity for much needed training,equipment, and risk management identification and planning assistance. Facilitatine an extended partnership between the City of Beaumont and Lamar University to enhance the long-term growth of the Beaumont Fire/Rescue Services Training Center and local economy,2000. Strategy: Bringing key players from both organizations together to iron-out a long-range planning process,and facilitating that process. Results: Adopting a five-year strategic planning document by both agencies that spoke to the future growth of the facility and its positive effect on the local community. Developing a shift rotation for fire dispatchers that simultaneously provided better working conditions, avoided increases in personnel lowered turnover, saved money, and was aereeable to both Union and Management, 1996. Strategy: Performing a cost/benefit analysis of various scheduling options; presenting the results to all parties involved; advocating the most beneficial option; facilitating consensus between workers,management,and the local union. Results: Affirming increased worker satisfaction, reduced turnover, lower total cost of personnel, and a win/win result for all groups and individuals involved. Developing an interactive educational center to teach the children of southeast Texas and Southwest Louisiana home and fire-safety behaviors 1989 Strategy: Using the 'Learn Not to Burn"curriculum to design an interactive activity center at the Fire Museum of Texas; bringing together local business and community supporters to make the dream a reality. Results: Teaching over 100,000 children to have a greater understanding of home-based hazards, the causes and effects of fires, and how to model responsible safety behaviors in the nation's first Fire Safety Activity Center. 5 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment of Anne Huff as Fire Chief for the City of Beaumont by the City Manager be and the same is hereby confirmed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April, 2008. - Mayor Becky Ames - 2 April 15,2008 Consider authorizing the award of a contract for the School Sidewalk Program RICH WITH OPPORTUNITY 1111CMAI[11�1011�9( City Council Agenda Item T - E • X - A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 15, 2008 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for the School Sidewalk Program(McLean Street, Greeves to Landis; Major Drive, Drennen to Morgan Streert; Usan Street, West Virginia to Sarah Street and Sarah Street, Usan Street to Bob Street) to LD Construction in the amount of$770,464.00. RECOMMENDATION Administration recommends awarding the contract for the School Sidewalk Program (McLean Street, Greeves to Landis; Major Drive, Drennen to Morgan Streert; Usan Street, West Virginia to Sarah Street and Sarah Street, Usan Street to Bob Street) to LD Construction of Beaumont in the amount of$770,464.00. BACKGROUND On April 3, 2008, the City of Beaumont received three(3)bids for the School Sidewalk Program (McLean Street, Greeves to Landis; Major Drive, Drennen to Morgan Streert; Usan Street, West Virginia to Sarah Street and Sarah Street, Usan Street to Bob Street). The lowest bid was submitted by LD Construction in the amount of$770,464.00. The Engineering estimate for the project before receipt of the bid was $1,000,000.00. The list below identifies the total bid received from each contractor. A bid tabulation is attached for additional information. Contractor Bid LD Construction $770,464.00 Simco Enterprises LTD $817,755.00 Norman Highway Constructors, Inc. $876,351.00 The recommended low bidder is a certified Minority Business Enterprise(MBE). BUDGETARY IMPACT Funds are available in the Capital Program. SchoolSidewalkProgram 04/08/2008 •• �- - �.�� ,u�000�Y4 r LUC:UNSTRUCTION PAGE 02/03 WONAW City wn of Beaurrt July 9, :2007 Pamela.L. Dodson L D Construction 148 SoiXh Dowlen Rd. Beaumont, TX 77707 Dear Ms,, Dodson: I am plcsised to inform you that your application for the(:ity of Beaumont certification as a Minority Busin.e;;ri Enterprise(MBE) has been approved. Your business will be included in the City's MBE Directoty. Your certification is effective immediately and will be valid for a period of two years. Every two years you must submit anew application in order to renew your certification. Failure to renew every two years will result in your business being removed fi•o;m the directory of certified MBEs. If at any time thtre is a change in ownership or control of the business, the business must submit a new application within thirty (30) days of the change. Violations of this policy may result in the revocation of the business' MBE certification with the City of Beaumont. If you have any questions,please contact me at(409) 880-3720 or at lc1ark@ci.jbe&umont.tx.us . Sincerely, / i , dll7 j Laura Clark, CPA Budget Officer Purch.a:in Division - (409) 880,3720 - Fox (409) 13130.•3747 F0. Box 3627 • Beaumont,1 xas 77704-.31327 . M m M m W EL Mp_ (.7 aa�aa z City of Beaumont a r certifies that n T _ a L D CONSTRUCTION J meets all the criteria established by the City of Beaumont, and thereby is duly registered as a Minority Business Etttetptise, to do business with the City of Beaumont and its agents as such. Tltis certification is valid until July , 20119 , Laura H. Clark CPA, Budget Officer 2&lp 12007 Certification Date . CITY AUMONT 0 SCHOOL SIDEWALK SAFETY PROGRAM PROJECT PAGE 1 OF 2 NORMAN HIGHWAY LD CONSTRUCTION SIMCO ENTERPRISES,LTD CONSTRUCTORS,INC. .item I item Unit Estimated Unit Total Unit ' Total Unit Total No. Code Aft Desert Ion Measure Quant Price I Price Price 104 001 REMOVING CONCRETE SIDEWALK SY 1 116.00 $20.01 $2,320.00 $46.00 55,336.00 .00 $5,104.03 104 002 REMOVING CONCRETE DRIVEWAYS SY 600.00 $20.001 $12,000.00 $30.00 $18,000.00 544.00 $26,400.00 104 003 REMOVING CONCRETE 6'CURB LF 588.00 $10.001 $5,880.00 $8.00 $4,704.00 $6.50 $3,822.00 104 004 REMOVING CONCRETE(RIPRAP) SY 20.00 $50.00 $1,000.00 $15.00 $300.00 $65.00 $1,300.00 110 001 EXCAVATION SIDEW CY 1,030.00 520.00 $20,600.00 §67.00 $69,010.00 $41.00 $42,230.00 132 001 EMBANKMENT A) DC SIDEWALK)(FINAL) Cy 334.00 $20.00 $6,680.00 $25.00 $8,350.00 540.00 $13,360,00 162 001 SODDING FOR EROSION CONTROL SY 4,360.00 $5.001 $21,800.00 $5.75 $25,070.00 $4.50 $19,620.00 164 001 SEEDING FOR EROS.CNTRL CELLULOSE FIBER MULCH) AC 1.00 $5,000.()Ol $5,000.00 $1,975.00 $1,975.00 $1,100.00 $1,100.00 310 001 PRIME COAT(AE-P) GAL 25.00 $5.001 $125.00 $20.00 $500.00 $45.00 $1,125.00 340 001 DENS GRADED HOT MIX ASPH D)(2-)(PG-64) TN 50.00 -1-20-0-.500-7 $10,000.00 $250.00 $12,500.00 $190.00 $9,500.00 400 001 EXCAVATION&BACKFILL FOR STRUCTURES(PIPES) CY 1,099.00 $20.00 $21,980.00 $25.00 $27,475.00 $5.00 $5,495.00 400 002 CEMENT STABILIZED BACKFILL(1 1/2 SACK/C.Y.) Cy 756.00 $75.00 $56,700.00 $30.00 $22,680.00 $50.00 $37,800.00 432 001 RIPRAP CONC. CL.A 5' SY 20.00 $100.001 $2,000.00 $45.001 $900.00 $75.00 $1,500.00 450 001 RAILINGS EDESTRIANS 12FT) LF 56,00 $200.001 $11,200.00 $100.001 $5,600.00 $240.00 $13,440.00 4640 001 PVC PIPES 10" LF 144.00 $37.001 $5,328.00 $45.001 $6,480.00 $44.00 $6,336.00 4640 002 HDPE PIPES 15" .S) LF 341.00 $40.00 $13,640.00 $25.00 $8,525.00 $33.00 $11,253.00 4640 003 HDPE PIPES 18" .S-i LF 443.00 $40.001 $17,720.00 $40.001 $17,720.00 $36.00 $15,948.00 4640 004 HDPE PIPES 24' .S) LF 948.00 $45.00 $42,660.00 $66.00 $62,568.00 $47.00 $44,556.00 4640 005 HDPE PIPES 30" S LF 386.00 $55.00 $21,230.00 $75.00 $28,950.00 $65.00 $25,090.00 4640 006 HDPE PIPES 36" S LF 175.00 $60.001 $90.00 $15,750.00 $71.00 $12,425.00 465 5 001 1 JUNCT ION BOX 46 00 HDPE PIPES X (TY.S LF 51.00 $80.001 $4,080.00 $150.00 $7,650.00 $140.D0 $7,140.00 EA 9.00 $5.000.001 $45,000.00 $4,000.00 $36,000.00 $3,600.00 $32,400.00 465 002 GRATE INLET LIGHT D EA 20.00 $4,000.001 $80,000.00 $200.00 $4,000.00 $2,500.00 $50,000.00 465 003 REPLACE GRATE ADACOMPLIA LIGHT DUTY) EA 1.00 $1,000.00 $1,000.00 $200.00 $200.00 $960.00 $960.00 467 001 SAFETY END TREATMENT I 24" 6:1 PARALLEL EA 12.00 $3,000.00 $36,000.00 $3,000.00 $36,000.00 $930.00 $11160.00 467 001 SAFETY END TREATMENT .I 48" 6:1 PARALLEL EA 1.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $6,300.00 $6,300.00 479 001 ADJUSTING GATE VALVE COVER EA 4.00 $100.00 $400.00 $250.00 $1,000.00 $150.00 $600.00 479 002 REMOVEIREPLACE WATER METER BOX If ISP CONC BO EA 11.00 $300.00 $3,300.00 $100.00 $1,100.00 $480.00 $5,280.00 496 001 REMOVE OLD STRUCTURES PIPES LF 546.00 $10.00 $5,460.00 $20.00 $10,920.00 $9.00 $4,914.00 500 001 MOBILIZATION LS -1.00 $62,000.00 $62,000.00 $20,000.00 $20,000.00 $31,000.00 $31,000.00 502 001 BARRICADES,SIGNS AND TRAFFIC HANDLING MO 6.00 $1,000.00 $6,000.00 $500.00 $3,000.00 $1,200.00 $7,200.00 506 001 TEMP.EROS.&SED.CONTROL FABRIC SILT FENCE LF 1,284.00 $2.00 $2,568.00 $3.00 $3,852.00 $6.00 $7,704.00 506 002 TEMP.EROS.&SED.CONTROL HAY BALES EA 32.00 $50.00 $1,600.00 $10.00 $320.00 $12.00 $384.00 506 003 TEMP.EROS.&SED.CONTROL ID.DEGR.BERM LOG) EA 2.00 $200.00 $400.00 $100.00 $200.00 $17040 $340.00 506 004 TEMP.EROS.&SED.CONTROL INLET PROTECTION EA 8.00 $500.00 $4,000.00 $100.00 $800.00 $120.00 $960.00 530 002 CONC.DRIVEWAYS 4" CL.K MODIFIED SY 600.00 $50.00 $30,000.00 $122.00 $73,200.00 $120,00 $72,000.00 531 001 CONC.SIDEWALK 4 CL.A INCL.2"SAND BEDDING SY 4271.00 $33.00 $140,943.00 $45.00 $192,195.00 $55.00 $234,905.00 531 002 WC RAMPS CLA INCL.2-SAND BEDDING CIP 2 EA 2.00 $2,000.00 $4,000.00 $1,500.00 $3,000.00 $2,400.00 $4,800.00 531 003 WC RAMPS CL.A INCL.2-SAND BEDDING CIP 7 EA 2.00 $2,000.00 $4,000.00 $4,500.00 $9,000.00 $2,400.00 $4,800.00 531 004 WC RAMPS CL.A INCL.2"SAND BEDDING CIP 10 EA 6.00 $1,500.00 $9,000.00 $4,000.00 $24,000.00 $2,400.00 $14,400.00 560 001 MAIL BOX ASSEMBLIES REMOVEANSTALL USE EXIST. EA 9.00 $100.00 $900.00 $200.00 $1,800.00 $200.00 $1,800.00 560 002 MAIL BOX ASSEMBLIES BRICKS STA.30+00 EA 1.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 $2,400.00 $2,400.00 668 001 REFL PAV MRK II) 0 12' S) 100 MIL CROSSWALK) LF 450.00 $6.00 $2,700.00 $5.50 $2,475.00 $6.00 $2,700.00 CITY ALUMONT SCHOOL SIDEWALK SAFETY PROGRAM PROJECT PAGE 2OF2 NORMAN HIGHWAY LD CONSTRUCTION SIMCO ENTERPRISES,LTD CONSTRUCTORS,INC. Item Item Unit Estimated Unit Total Unit Total Unit Total No. Code Aft Desch Measure Quantity Price Price Price 668 002 REFL PA MRK 1%(W0(12' S 100 MIL CROSSWALK) LF 450.00 $10.00 $4,500:00 $8.50 $3,825.00 $10.00 $4,500.00 678 001 PAV SURF PREP FOR MRKG 12 S CROSSWAL LF 450.00 $5.00 $2,250.00 $3.50 $1,575.00 $4.00 $1,800.00 752 001 TREE&BRUSH REMOVAL 4"TO 14" EA 2.00 $1,000.00 $2,000.00 $1,000.00 52,000.00 $3.000.00 $6,000.00 760 001 CLEANING,RESHAPING AND DIGGING NEW DITCH LF 1,250.00 $20.00 $25,000.00 $25.001 $31,250.00 $50.00 $62,500.00 TOTAL COST $770,464.00 5817,755.00 $876,351.00 RESOLUTION NO. WHEREAS, bids were solicited for a contract for the School Sidewalk Program (McLean Street, Greeves to Landis; Major Drive, Drennen to Morgan Street; Usan Street, West Virginia to Sarah Street and Sarah Street, Usan Street to Bob Street); and, WHEREAS, LD Construction, submitted a bid in the amount of$770,464; and, WHEREAS, City Council is of the opinion that the bid submitted by LD Construction should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by LD Construction for a contract for the School Sidewalk Program (McLean Street, Greeves to Landis; Major Drive, Drennen to Morgan Street; Usan Street, West Virginia to Sarah Street and Sarah Street, Usan Street to Bob Street) in the amount of$770,464 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April, 2008. - Mayor Becky Ames - 3 April 15, 2008 Consider authorizing the acquisition of property in the 3500 Block of East Lucas for a new community center RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 15, 2008 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property in the 3 500 Block of East Lucas. RECOMMENDATION Administration recommends authorization to acquire the property located in the 3500 Block of East Lucas for the sum of$50,000 from the Diocese of Beaumont. BACKGROUND The Most Rev. Curtis J. Guillory, Bishop of the Diocese of Beaumont, owner of the property, has agreed to accept the appraised value for the property as described below: Description 1.501 acre tract out of the A. Williams Survey, Abstract 385, Beaumont, TX Appraiser Bishop Real Estate Appraisers, Inc. Total Appraised Value $50,000 Owner Diocese of Beaumont The property to be purchased is east of the Elmo Willard Library located on the corner of East Lucas and Helbig Road with frontage on E. Lucas. A new community center similar in design to the new community center at Central Park will be constructed on this site. A copy of the survey and site plan is attached for your review. BUDGETARY IMPACT Funds for the purchase of the property are available in the Capital Reserve Fund. RESOLUTION NO. WHEREAS, an agreement has been negotiated in the amount of$50,000 for the acquisition of land located in the 3500 block of East Lucas, being a 1.501 acre tract out of the A. Williams Survey, Abstract 385, Beaumont, Texas, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, for construction of a new community center; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the following land, as described in Exhibit"A" and shown on Exhibit "B" attached hereto, for construction of a new community center, be and the same is hereby, approved: Description: 1.501 acre tract out of the A. Williams Survey, Abstract 385, Beaumont, TX Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $50,000 Owner: Diocese of Beaumont PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April, 2008. - Mayor Becky Ames - FMPW WA ittz & Shipman INC Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION FOR A 1.501 ACRE TRACT OUT OF THE A. WILLIAMS SURVEY, ABSTRACT 385 JEFFERSON COUNTY, TEXAS FEBRUARY 22, 2008 That certain 1.501 acre tract out of the A. Williams Survey, Abstract 385, Jefferson County, Texas, and being out of a called 2.87 acre tract conveyed to Diocese of Beaumont as recorded in Film Code 102-69-1469 of the Real Property Records of Jefferson County, Texas, said 1.501 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearing is the north right-of-way line of East Lucas Drive and the south line of the said 2.87 acre tract having been called South 68 058'44" West. BEGINNING at a 5/8" iron rod found in the north right-of-way line of East Lucas Drive for the most southerly southeast comer of a called 6.956 acre tract conveyed to the City of Beaumont as recorded in Clerks File No. 9605584 of the Official Public Records of Jefferson County, Texas and the southwest comer of the said 2.87 and 1.501 acre tracts; THENCE North 21°02'05"West along an interior line of the said 6.956 acre tract and the west line of the said 2.87 and 1.501 acre tract a distance of 316.38 feet (called North 21°01'14" West 316.37 feet) to a 5/8" iron rod found for an interior corner of the said 6.956 acre tract and the northwest comer of the said 2.87 and 1.501 acre tracts from which a 5/8" iron rod found in the east right-of-way line of Helbig Road for the northwest corner of the said 6.956 acre tract bears South 88 045'43"West 532.97 feet (called South 88 048'00" West); THENCE North 88 048'25" East along an interior line of the said 6.956 acre tract and the north line of the said 2.87 and 1.501 acre tracts a distance of 296.32 feet to a point for the northeast corner of the said 1.501 acre tract from which a 5/8" iron rod found for reference bears North 00°19'43"West 25.47 feet and a %" iron rod found for the northeast corner of the said 6.956 acre tract bears North 00 019'43" West 300.00 feet (called North 00 046'00" West 300.00 feet); THENCE South 00 019'43" East along the east line of the said 1.501 acre tract a distance of 230.76 feet to a %" capped iron rod set in the said north right-of-way line of East Lucas Drive and the south line of the said 2.87 acre tract for the southeast corner of the said 1.501 acre tract from which a 5/8' iron rod found for the southeast corner of the said 2.87 acre tract bears North 68 058'44" East 402.96 feet (called North 68°58'44" East); Fittz&Shipman,Inc. Page 1 of 2 Project No. 08235.0000 Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 EXHIBIT "A" THENCE South 68°58'44"West along the said north right-of-way line of East Lucas Drive and the said south line of the 2.87 and 1.501 acre tracts a distance of 197.14 feet (called South 68 058'44"West) to the POINT OF BEGINNING and containing 1.501 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz& Shipman, Inc. on February 14, 2008. OF Steven R. Boucher SIM FW MCHER ........................ Registered Professional Land Surveyor No. 5056 saw r Fittz&Shipman,Inc Page 2 of 2 Project No. 08235.0000 Plat&Description CLIENT: CITY OF BEAUMONT G.F. NO. FOUND 1/2" IRON ROD °o O 9 E 89321 0 . " >-ZO-i 98�w3 E$$6 3 pOj n W O o¢ Gp�l"EO 9 4Z o 3 0 W a 0 30 60 bo 5 NOW OR FORMERLY ° z o m" $ ® N CITY OF BEAUMONT o ° a o $ C A L E CLERK'S FILE N0, 9505584, O.P.R.J.C. °a O 0 (CALLED 6.956 ACRES) Z f FOUND 5/8' O N m (CALLED D S 88'48'00' W) w 0 IRON ROD 3 Ll"Q S 88'4543" W F. BIGNER SURVEY, ABSTRACT NO. 1 a O z p p 532.97 (CALLED N 88'48'00• E) %Z a o> N 88'4825' E'296.32 FOUND 5/8' FOUND 5/8' A. WILLIAMS SURVEY, ABSTRACT NO. 385 IRON ROD IRON ROD NOW OR FORMERLY DIOCESE OF BEAUMONT 0 FILM CODE 102-69-1469, R.P.R.J.C. (CALLED 2.87 ACRES) cD n O M N W M n2 0) y�_l 3 1.501 ACRES o Z N, 65,370.90 SQ. FT. O 0 01. In 0 NOW OR FORMERLY FOUND R N R D CITY OF BEAUMONT Via, CLERK'S FILE NO. 9605584, O.P.R.J.C. rn.� - O N 6a,56 E (CALLED 6.956 ACRES) �'J� (ELMO WILLIARD PUBLIC LIBRARY) 6$5�p296 1/E SET 1/2• POINT OF W �c qLl pGt� CAPPED BEGINNING 58446a�$8� pGRE � IRON ROD FOUND 5/8' S 6 pu.E-0 5 pEft 7- �fjb(f\I-T1 IRON ROD BEp0,%j ' S 6Ty3 NOTE:THIS SURVEY WAS COMPLETED WITHOUT THE NOT BENEFIT EASEMENTS, WHETHERIIOF T. ALL RECORD OR NOT, WERE RESEARCHED Gl AT THE TIME OF THIS SURVEY. �0 DESCRIPnON OF SERVICES REQUESTED:-LQCATE CORNERS AND CUT OUT TRACT SURVEYOR'S CERTIFICATION: I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY MADE ON THE GROUND UNDER MY SUPERVISION, SHOWING ALL IMPROVEMENTS AND ANY VISIBLE ENCROACHMENTS, AS OF FEBRUARY 14, 2008 THE ABOVE TRACT BEING LOCATED AT LUCAS. BEAUMONT TEXAS AND BEING DESCRIBED AS A 1.501 ACRE TRACT OUT OF THE A WILLIAMS SURVEY ABSTRACT NO 385 AS RECORDED IN VOLUME__,- , PAGE - OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP, FEDERAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY-PANEL N0. 485457 0035 C DATED 08-06-02 THIS PROPERTY LIES IN THE ZONE NOTED. LOCATION ON MAP DETERMINED BY SCALE. ACTUAL FIELD ELEVATION NOT DETERMINED. UNLESS REQUESTED. FITTZ do SHIPMAN, INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAID MAP. FLOOD ZONE (F.E.M.A.) X CENSUS TRACT 1.03 REVISION DATE STEVEN R. BOUCHER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5056 -'^`- ...... t DATE: 2-19-08 �1������'pman : FIELD BOOK NO.: 08-01 ConSidlingEngincm and Land Swvtyors INC. '9�,• JOB NO.: 08235.0000 1405 CORNERSTONE COURT BEAUMONT, TEXAS (409)832-7238 FAX (409)832-7303 BTM EXHIBIT"B" 4 April 15, 2008 Consider approving a contract for reconstruction of homes damaged by Hurricane Rita RICH WITH OPPORTUNITY I'Lm ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: April 15, 2008 REQUESTED ACTION: Council consider the award of a contract for reconstruction of homes damaged by Hurricane Rita. RECOMMENDATION Administration recommends the award of a contract for the reconstruction of owner-occupied housing units to Lazer Homes Inc. of Houston, Texas for $791,318 and J.W. Turner Construction of Tomball, Texas for a total amount of$72,870. BACKGROUND The Housing Division of the Community Development Department identifies single family homes that are eligible for federal grant funding allocated to the Texas Department of Housing and Community Affairs (TDHCA) Disaster Program from the U. S. Department of Housing and Urban Development to remediate the unmet housing needs of Beaumont residents resulting from Hurricane Rita. These homes are identified through either a pre-application process or by a review of Federal Emergency Management Agency, City, and/or County information concerning the damage caused by the hurricane. The TDHCA Hurricane Rita Disaster Recovery Program requires that these housing units meet minimum property standards and local health and safety codes at project completion. The type of activity being completed determines the minimum construction standards that must be met. Bids were solicited from four(4) construction contractors for the reconstruction of owner- occupied housing units. The reconstruction will be managed by George E. Johnson Development, Inc. of Houston and the City's Housing Division. Lazer Homes Inc. was the low bidder on eleven (11) locations and J.W. Turner Construction was low bidder on one location. The attached worksheet details all bids received. Award of Reconstruction Contract April 15, 2008 Page 2 BUDGETARY IMPACT Funding will be provided by a federal grant from the U. S. Department of Housing and Urban Development allocated to the Texas Department of Housing and Community Affairs Disaster Recovery Program which requires no matching funds from the City. BID OPENING DATE: THURSDAY, APRIL 3, 2008 @ 2:00 PM BID NAME: CDBG DISASTER RECOVERY PROGRAM Lazer Homes, Inc. JW Tumer Construction J.C. Canterra RM Quality Construction Location Houston TX Tomball TX Fresno TX Conroe TX Base Amount Base Amount Base Am-o—un—f-71 Base Amount 5390 E Parkway $71,938.00 $72,870.00 $74,800.00 $73,963.64 715 Doucette 71,938.00 73,370.00 74,800.00 74,463.64 4775 Steelton 71,938.00 73,370.00 74,800.00 74,463.64 3160 Cordova 71,938.00 72,870.00 74,800.00 73,963.64 1735 West Highland Dr. No Bid 72,870.00 74,800.00 73,963.64 1380 Bradley 71,938.00 72,870.00 74,800.00 73,963.64 3225 Fonville 71,938.00 72,870.00 74,800.00 73,963.64 405 Jeanette 71,938.00 72,870.00 74,800.00 73,963.64 1690 Trinidad 71,938.00 72,870.00 74,800.00 73,963.64 1940 Hebert 71,938.00 73,370.00 74,800.00 74,463.64 1855 Glasshouse 71,938.00 73,370.00 74,800.00 74,463.64 1865 Terrell 71 938.00 72,870.0011 74 800.00 73 963.64 TOTAL $791 318.00 $876,440.00 $897,600.00 $889,563.68 RESOLUTION NO. WHEREAS, bids were solicited for a contract for the reconstruction of owner- occupied housing units damaged by Hurricane Rita; and, WHEREAS, Lazer Homes, Inc. of Houston, Texas and J. W. Turner Construction of Tomball, Texas submitted bids in the amounts of$791,318 and $72,870 respectively;and, WHEREAS, City Council is of the opinion that the bid submitted by Lazer Homes, Inc. of Houston, Texas in the amount of $791,318 for eleven (11) locations as shown below: 5390 E Parkway $71,938.00 715 Doucette 71,938.00 4775 Steelton 71,938.00 3160 Cordova 71,938.00 1380 Bradley 71,938.00 3225 Fonville 71,938.00 405 Jeanette 71,938.00 1690 Trinidad 71,938.00 1940 Hebert 71,938.00 1855 Glasshouse 71,938.00 1865 Terrell 71,938.00 and, WHEREAS, City Council is of the opinion that the bid submitted by J. W. Turner Construction of Tomball, Texas in the amount of $72,870 for one (1) location as shown below should be accepted: 1735 West Highland Dr. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids submitted by Lazer Homes, Inc. of Houston, Texas in the amount of $791,318 for eleven (11) locations and J. W. Turner Construction of Tomball, Texas in the amount of $72,870 for one (1) location be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April, 2008. - Mayor Becky Ames - 5 April 15, 2008 Consider authorizing the City Manager to increase the Rehabilitation of the Primary and Secondary Trickling Filters Project for"extra work" RICH WITH OPPORTUNITY BEA,IIMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: April 15, 2008 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Rehabilitation of the Primary and Secondary Trickling Filters Project for"extra work". RECOMMENDATION The Administration recommends approval of increasing the Rehabilitation of the Primary and Secondary Trickling Filters Project amount by $124,179.00. The proposed changes to the contract will furnish labor, equipment and material to remove and replace four(4) existing flange and clean out covers with four(4)new flange and clean out covers. Replace 430 brass spreader plate assemblies including spreader plates, spacers, nuts and washers on the existing Secondary Trickling Filter No. 2 with new stainless steel assemblies. Make one(1) 9'by 40" patch, one(1) 8" by 17" patch with one hole on the outlet face of one tube. Repair 12 distribution tubes on the Secondary Trickling Filter No. 2, including one(1)4'by 10'bottom replacement, three(3) 4'by 18'10" bottom replacements, two(2)4'by 10'bottom replacements, and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies. Replace the front side of eight (8) distribution tubes including cutting orifice holes for the spreader plate assemblies. Remove and replace the overflow splitter box slide gate. The proposed changes will increase the contract time by 80 calendar days. The additional days increases the total contract time to 595 calendar days. The proposed extra work will represent an increase of 8.30% of the original contract amount and a total increase of 15.74% of the original contract. BACKGROUND The primary and secondary filters were originally built in 1952. The proposed additions and modifications to the trickling filters are mandated by equipment failure, increased flows during normal operational conditions and deteriorated structures and equipment. The project will rehabilitate and replace structural components and install new equipment to meet present and future demands and State and Federal regulations. Rehabilitation of the Primary and Secondary Trickling Filters Project April 15, 2008 Page 2 of 2 Previous actions include: Resolution 06-325 in the amount of$1,496,254.00 was passed by City Council on October 24, 2006. Resolution 07-343 in the amount of$34,965.35 was passed by City Council on October 24, 2007. Resolution 08-017 in the amount of$76,485.00 was passed by City Council on January 15, 2008. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE Change Order No. 3 Date:April 7,2008 Project: City of Beaumont,Texas Wastewater Treatment Facility Rehabilitation of the Primary and Secondary Trickling Filters Owner: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 Contractor: Allco,Ltd P.O. Box 3684 Beaumont,Texas 77704 To the(honer: Approval of the following contract change is requested. Reason for Change: Furnish labor, equipment and material to remove and replace four(4)existing flange and clean out covers with four(4)new flange and clean out covers. Replace 430 brass spreader plate assemblies including spreader plates, spacers,nuts and washers on the existing Secondary Trickling Filter No. 2 with new stainless steel assemblies. Make one(1) 9'by 40"patch, one(1)8"by 17"patch with one hole on outlet face of one tube. Repair 12 distribution tubes on the Secondary Trickling Filter No. 2, including one(1)4' by 10' bottom replacement, three(3)4'by 18' 10"bottom replacements, two(2)4'by 10' bottom replacements,and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies. Replace the front side of eight (8) distribution tubes including cutting orifice holes for the spreader plate assemblies. Remove and replace the overflow splitter box slide gate. ORIGINAL CONTRACT AMOUNT: $1.496,254.00 AMOUNT OF CHANGE ORDERS No.1 AND No.2 $111,450.35 REVISED CONTRACT AMOUNT PER PREVIOUSLY APPROVED CHANGE ORDERS No.1 AND No.2 $1,607,704.35 THIS CHANGE ORDER: Description Net Change Remove and replace four (4) existing flange and clean out covers with $72.466.00 four (4) new flange and clean out covers. Replace 430 brass spreader plate assemblies including spreader plates, spacers, nuts and washers on the existing Secondary Trickling Filter No. 2 with new stainless steel assemblies. Make one(1) 9' by 40" patch, one(1) 8" by 17" patch with one hole on the outlet face of one tube. Repair 12 distribution tubes on the Secondary Trickling Filter No. 2, including one (1) 4' by 10' bottom replacement, three (3) 4' by 18' 10" bottom replacements, two (2) 4' by 10' bottom replacements, and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies. Replace the front side of eigth (8) distribution tubes including cutting $22,400.00 orifice holes for the spreader plate assemblies. Remove and replace the overflow splitter box slide gate. $29,313.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $124,179.00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $1.73188335 City of Beaumont April 7,2008 Change Order No.3 Page 2of2 CONTRACT TIME: Original Contract Time: 360 days Revised Contract Time per Change Order No. 1 and No.2 515 days Additional Time requested: Replace spreader plates and repair distribution tubes 75 days Remove replace slide gate 5 days Revised Contract Time per this Change Order 595 days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved By: Accepted by: Schaumburg Polk,,In . c City of Beaumont Allco,Ltd. Engineer Owner Contractor Date: Date: Date: RESOLUTION NO. WHEREAS, on October 24, 2006, the City Council of the City of Beaumont, Texas, approved Resolution No. 06-325 awarding a contract in the amount of$1,496,254 to Allco, Ltd., Beaumont,Texas,for the Rehabilitation of the Wastewater Treatment Facility Primary and Secondary Trickling Filters; and, WHEREAS, Change Order No. 1, passed by Resolution No. 07-343 on October 23, 2007, in the amount of $34,965.35 thereby increasing the contract amount to $1,531,219.35 was required for "extra work" to remove three concrete plugs for the headworks building and channel, replace the specified Garlock gaskets with 1/8"neoprene gaskets on Primary Trickling Filter No. 1, sandblast existing distribution arms for Primary Trickling Filter No. 2, Secondary Trickling Filter No. 1 and Secondary Trickling Filter No. 2 to prepare the surfaces to be galvanized, repair three (3) sections of the distribution tubes from Primary Trickling Filter No. 2 by cutting the bottom section of the tubes at the weld seams on both sides and installing a 1/4"carbon steel plate bent to the original radius and cutting new holes for the orifice ports to match the original holes, furnish and install 325 new stainless steel spreader plates and 325 new stainless steel spacer plates on Primary Trickling Filter No. 2, repair the top of one distribution tube section by cutting out the damaged area and welding a 1/4"carbon steel plate in place and weld up dimple holes on the distribution tubes for Primary Trickling Filter No. 2, and increase the contract time by 81 calendar days; and, WHEREAS, Change Order No. 2, passed by Resolution No. 08-017 on January 15, 2008, in the amount of$76,485 thereby increasing the contract amount to $1,607,704.35 was required to furnish labor, equipment and material to remove the damaged portion of the wall on the final clarifier splitter box, install new concrete to match the existing wall, reinstall the slide gate brackets, add new plates so that there is a 1" plate on both sides of the wall, install stainless steel bolts to anchor the slide gate bracket to the wall and through the plates of the slide gate brackets, and reinstall the slide gate actuator on the bracket. Replace 430 brass spreader plate assemblies including spreader plates,spacers, nuts and washers on the existing Secondary Trickling Filter No. 1 with new stainless steel assemblies. Repair 20 distribution tubes on the Secondary Trickling Filter No. 1 including two (2) 3' by 3' patches, replace the bottom side of one (1) distribution tube section, and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies; and, WHEREAS, Change Order No. 3 in the amount of$124,179 thereby increasing the contract to $1,731,883.35 is required to furnish labor, equipment and material to remove and replace four(4)existing flange and clean out covers with four(4) new flange and clean out covers; replace 430 brass spreader plate assemblies including spreader plates, spacers, nuts and washers on the existing Secondary Trickling Filter No. 2 with new stainless steel assemblies; make one (1) 9' by 40" patch, one (1) 8" by 17" patch with one hole on the outlet face of one tube; repair 12 distribution tubes on the Secondary Trickling Filter No. 2, including one (1) 4' by 10' bottom replacement, three(3) 4' by 18'10" bottom replacements, two (2) 4' by 10' bottom replacements, and replace the front side of the distribution tubes including cutting orifice holes for the spreader plate assemblies; replace the front side of eight (8) distribution tubes including cutting orifice holes for the spreader plate assemblies; and, remove and replace the overflow splitter box slide gate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 3 in the amount of $124,179 thereby increasing the contract amount to $1,731,883.35 for work as described above. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of April, 2008. - Mayor Becky Ames - 6 April 15, 2008 Consider approving a resolution to provide for the reimbursement of costs incurred prior to issuance of up to $30 million in Certificates of Obligation or other tax exempt obligations planned for the summer of 2008 RICH WITH OPPORTUNITY 17C A. ( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: April 15, 2008 REQUESTED ACTION: Council consider a resolution to provide for the reimbursement of costs incurred prior to issuance of up to $30 million in Certificates of Obligation or other tax exempt obligations planned for the summer of 2008. RECOMMENDATION The Administration requests approval. BACKGROUND Up to a maximum of$30 million in Certificates of Obligation is expected to be issued in June 2008 to fund public works and general improvement projects that have been previously approved by the City Council and are listed in the Capital Program. At this time, the cash balance in the General Improvements Fund is approximately $1.5 Million and will be expended before June 2008. A resolution allowing for the reimbursement of costs is routine and will allow the City to move forward with the approved projects. It is the intent of the City to reimburse itself out of the proceeds of the obligations for all such costs which are paid prior to issuance. These costs shall include fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property, and construction and development costs. BUDGETARY IMPACT All debt and related expenses shall be incurred by the Debt Service Fund which is supported by property taxes. RESOLUTION NO. RESOLUTION CONCERNING ISSUANCE OF CERTIFICATES OF OBLIGATION OR OTHER TAX EXEMPT OBLIGATIONS TO FINANCE BUILDING RENOVATIONS, EQUIPMENT AND OTHER CAPITAL PROJECTS WHEREAS, the City of Beaumont, Texas (the "City" ) desires and intends to construct and make improvements within the City and to expand and improve City buildings, acquire equipment, improve streets and drainage, make park improvements and make other capital improvements located within the City (collectively, the "Project" ) ; and WHEREAS, in order to finance and pay the costs of the Project, the City intends to issue certificates of obligation or other tax-exempt obligations in the aggregate principal amount of up to $30, 000, 000 (the "Obligations" ) , in one or more installments and series, and payable from ad valorem taxes and any other sources pledged to the payment thereof; and WHEREAS, in view of rising construction costs, the necessity of compliance with administrative regulations, the necessity of acquiring materials and other property for the Project and the necessity of employing certain professionals in connection with the development of the Project, it is considered essential and necessary for the City to employ and pay certain professionals, acquire materials and other property for the Project and begin construction of and work on the Project prior to the completion of the issuance of the Obligations; and WHEREAS, it is the City' s intention to reimburse itself out of the proceeds of the Obligations for all expenses and costs paid by the City prior to the issuance of the Obligations that are incurred and paid in connection with the development of the Project, including but not limited to expenses and fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property for the Project, and construction and development costs associated with the Project; and WHEREAS, the City finds, intends and declares that this resolution and order shall constitute its official binding commitment and official declaration of intent made pursuant to the Internal Revenue Code of 1986, as amended (the "Code" ) and the regulations pertaining thereto, including but not limited to Treasury Regulation Section 1 . 150-2 , whereas, subject to the terms hereof, the City declares that it intends to reimburse itself out of the proceeds of the Obligations for the expenses and costs paid in connection with the development of the Project prior to the issuance of the Obligations, and the City declares its intent and commits to issue the Obligations, in one or more series, in the maximum aggregate principal amount of up to $30, 000, 000 for the purpose of financing the costs of acquisition, expansion, renovation, construction, reconstruction, repairs, equipping, furnishing and improvement of the Project, and expenses and costs of the City in connection with the issuance of the Obligations; and WHEREAS, the City Council, on behalf of the City, finds, considers and declares that the issuance and sale of the Obligations in the amount and for the purposes set forth will be appropriate and consistent with the objectives of the City and the laws authorizing the issuance of the Obligations, and that the adoption of this resolution and order is and constitutes and is intended as (1) an inducement to proceed with providing for the acquisition, expansion, renovation, construction, reconstruction, repairs, equipping, furnishing and improvement of the Project, and (2) the taking of affirmative official action by the City, acting by and through the City Council, toward the issuance of the Obligations and the reimbursement to the City out of the proceeds of the Obligations for costs and expenses paid in connection with the Project prior to the issuance of the Obligations, all within the meaning of federal income tax laws and regulations with respect to issuance of tax-exempt obligations; and WHEREAS, the City has given notice of the meeting at which this Resolution is to be adopted as required by the Texas Open Meetings Law, Chapter 551 of the Texas Government Code Annotated Vernon' s 1994 , as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1 . Subject to the terms hereof, the City Council agrees on behalf of the City that it will : a. Issue the Obligations in one or more series, at a future date to provide for the financing of the Project, in the maximum aggregate principal amount up to $30, 000, 000, if the City Council determines that the terms of such financing are in the City' s best interest; b. Take such action and authorize the execution of such documents as may be necessary in connection with the issuance of the Obligations, providing, among other things, for payment of the principal of, interest on, paying agents ' charges and other fees, if any, on the Obligations, and the acquisition, expansion, renovation, construction, reconstruction, repairs, equipping, furnishing, improvement, use and operation of the Project, all as shall be authorized, required or permitted by law and shall be satisfactory to the City; and C . Take or cause to be taken such other actions as -2- may be required to implement the aforesaid undertakings or as the City may deem appropriate in pursuance thereof . Section 2 . This resolution and order shall constitute the official declaration of intent by the City pursuant to which the City declares that it intends to reimburse itself out of the proceeds of the Obligations for expenses and costs paid by the City prior to the issuance of the Obligations in connection with the development of the Project, including but not limited to expenses for engineering fees and other professional fees, and costs for acquisition of materials and property for the Project and construction and development costs related to the Project. This declaration is made pursuant to Treasury Regulation Section 1 . 150-2 and generally with the laws and regulations of the federal income tax laws governing the issuance of tax-exempt obligations . Section 3 . This resolution and order and the declaration of official intent herein shall be available for public inspection at all times at the City' s business office and shall remain available for public inspection until the Obligations are issued and thereafter this resolution shall be maintained as part of the permanent records of the City Council of the City. PASSED AND APPROVED this day of , 2008 . THE CITY OF BEAUMONT, TEXAS By. Mayor ATTEST: CITY CLERK THE CITY OF BEAUMONT, TEXAS (SEAL) -3- WORKSESSION Review and discuss amending Section 2-40 of the Code of Ordinances to establish and implement an emergency management program specific to the City of Beaumont 7 April 15,2008 Consider authorizing the Mayor to withdraw the City of Beaumont from the Jefferson County Inter urisdictional Emergency Management Program and consider amending Section 240 of the Code of Ordinances to establish implementation of a program specific to the City of Beaumont RICH WITH OPPORTUNITY [I 17C A► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tim Ocnaschek, Emergency Management Coordinator MEETING DATE: April 15, 2008 REQUESTED ACTION: Council consider authorizing the Mayor to withdraw the City of Beaumont from the Jefferson County Interjurisdictional Emergency Management Program and consider amending Section 2-40 of the Code of Ordinances to establish implementation of a program specific to the City of Beaumont. RECOMMENDATION Administration recommends City Council approval. BACKGROUND On December 14, 1993, City Council gave approval for the Mayor to establish an interjurisdictional emergency management program. Basic emergency management responsibilities of local governments and state agencies and officials are outlined in Chapter 418 of the Texas Government Code (Texas Disaster Act), the Executive Order of the Governor relating to Emergency Management, and Title 37, Part 1, Chapter 7 (Emergency Management) of the Texas Administrative Code. Included in the requirements is the statement, "every jurisdiction is expected to have its own emergency management program or participate in an interjurisdictional program." As a city with a population in excess of 110,000, it is important that our Emergency Management Plan be tailored specifically for our jurisdiction. Additionally, the State Administrative Agency has advised funding is normally limited to primary jurisdictions only. Since we are under the Jefferson County plan, they are the primary jurisdiction and we lose funding opportunities unless we become a primary jurisdiction. BUDGETARYIMPACT If the City is awarded grant funds in the future from the State of Texas, all of the proceeds will be utilized as a part of the City's Emergency Management Program. ORDINANCE NO. ENTITLED AN ORDINANCE AUTHORIZING THE WITHDRAWAL OF THE CITY OF BEAUMONT FROM THE JEFFERSON COUNTY INTERJURISDICTIONAL EMERGENCY MANAGEMENT PROGRAM; AMENDING SECTION 2-40; TO PROVIDE FOR A CITY OF BEAUMONT EMERGENCY MANAGEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION 1. THAT the Mayor is hereby authorized to withdraw the City of Beaumont from the interjurisdictional emergency management program for Jefferson County. SECTION 2. That Chapter 2, Section 2-40 be, and the same is hereby amended to read as follows: Sec. 2-40. Emergency Management Program. The Mayor is hereby authorized to establish an emergency management program for the City of Beaumont and shall have the authority and all powers necessary to implement such program of emergency management. SECTION 3. 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 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 the City of Beaumont, Texas. Section 4. 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 15th day of April, 2008. - Mayor Becky Ames - WORKSESSION Review and discuss Phase I of the Calder Project from the Neches River to just west of M.L. King Boulevard The Calder Diversion P roject Phase I Public Works Department April 15, 2008 � - 2, n y w Lucas Outfall k d r 11 th St/ ' Gaylynn f. _ 23rd St. Ditch r ks High E School _ 16th St. Ditch x t Ditch s - e 1 r° m� 20-C�7 lo o" ,- t , a; j A " � q t 4 2 0 O`i�E U r o p:i4 TeCht)ol ;g �6 . f?7 f 0 ywf e luv 22 ft slmc ar iFry ilk hill iQO�. Elizabeth Cross Section e a s I 37' BK TO BK I I I g ROW I VARIES a I 3 I 3-4' ACP OVERLAY 3 V) IL p o E- 6-7' CONC. PVMT. W i EXISTING ROADWAY SECTION G STA. 268+83.69 TO STA. 277+50.34 ? E z z m x w w I ¢�WF� Z w � I °v Z y 61'-2' �' E-F p E 11r a w 37' BKI TO BK c) z I 0 o 3 p F 12'- 12' 12' 12' 12' 7' 3 � 0 HRICN O PROP. CCINC. K ZI PAVERS ! ~ P VEMENT BRICK �I 2/ 2/. ' 2 W Spy i eSY1 17I V BEDDING SAND 4' ASPHALT 8' FLEX. STAB. BASE BASE APPROX. 5'-7' SELECT MATERIAL ` 10'x18'HOXES CEMENT STAB. SAND 1' 6' (TYP.) � y 3B' B' FLEX BASE e[ Ty. A GR 1 TYR SECTIONS PROPOSED ROADWAY SECTION STA. 268+83.69 TO STA. 277+50.34 CALDEEREAVE. A7*NLHHT9RfAaNie]A SHEET 4OF5 Walnut Cr Section oss TR K a 9a 9 d 41'-7' E ROW 6 co n O I iC F w y x F 3I I 3-4' ACP OVERLAY o� 6-7' CONC. PVMT. EXISTING ROADWAY SECTION,WALNUT ST ¢4 3 m m NI STA. 160+00 TO STA. 280+00 3 a m w w a x i G wwx i 0 U z 5 U a o� w 3 3 O 4' 3' 42' BACK TO BACK 7' CONC. PVMT. 3' 4' o SIDE- Z WALK SIDE- 2% 2% WALK z _ PROPOSED ROADWAY SECTION.WALNUT ST ASPHALT STA. 160+00 TO STA, 280+00 STAB, BASE Al OF BegG TYP.SECTIONS CALDER AVE. VrA 1!!1.67.82 TO STA M-0 SHEET 5 OF 5 Par ng Lot ' Cross S ectlon e a E 9 40' 3' ASAPH LT PARKING SURF C� �F EXISTING PARIQNG LOT SECTION F x F STA. 264+20.35 TO STA. 266+51.58 a ti w w zz o�Sd�m� 6 �F K K W W as%a €STORM SEVER BOX 5 Z I F F O gg 40' U 6 O H �x �o 0 w 3-5' ASPHALT STAB. BASE 10 APPROX. 7' SELECT MATERIAL !0'x10'BOXES (TYPJ CEMENT STAB. SAND 30' G' FLEX BASE F 8 TY, A GR 1 0 eqG D PROPOSED SECTION y STA. 264+19.91 TO STA. 268+39.81 A TYP.SECTIONS CALDER AVE. PHASE I FrA X"IM TO RrA21PUM SHEET 3OF5 Calder Cr Section oss 45'-2' TO 50'-6' BK TO BK 98 E ROW i VARIES 3 I I ° EXISTING ROADWAY SEGMN 3-4' ACP OVERLAY o ¢a N R E O STA. 227+60 TO SSA. 228 ¢ z .10 a �I STA. 229+41.81 TO STA. 264+11+11 6-7' CONC. PVMT..61 W I iw zati�IN. E'zz I I o�Qc�vE'iQ i as m s a M E- 70' p Uz z s 0 E F �0 zz 3 47' BACK-TO-BACK 9' CONC, PVMT. 3 � 6' PROP.9'REfNF. I 6' ° Z 6' CONC.PVMT. 2 BRICK in BK LN ll' l2' 11' BK LN 11' 6' z BRIEN x 2 BRICK PAVERS ED SAN➢ W �➢ I I• BRICK W PAVERS BED➢7NG ♦ PGL I PAVERS /V SAND N 2i 2Z BEDDING NfNL \� � fnlrtF�p�G B' FLEX, 2, 1 BASE 1, `8' FLEX. BASE SUBGRADE COMPACTED TO ' I 95% OF SURROUNDING TREE GRATE PIT MATERIALS STANDARD PROCTOR I 3 CONDUIT 18' 3'x18' DIA. LP '. 1o•xlo'BO%ES FROM BACK OF CURB FOUNDATION RYP') OF B eq 6' ASPHALT STAB. (� 3' PVC SCHD. 40 O ^; BASE ,��,�r� ?�O CONDUIT 18' FROM APPROX, 4'-5' TO 6'-10' SELECT '���`�_©.��J�� BACK ❑F CURB ! MATERIAL COMPACTED TO 98% OF 1' 6' 1TYP.1 STANDARD PROCTOR DENSITY OF LIMITS OF TEMPORARY MATERIAL TYP.SECTIONS SHORING VARIES- 17-19' 38' CEMENT STAB. SAND CALDER AVE. PROPOSED ROADWAY SECTION PHASE I STA. 227+60 TO STA. 228+54.10 B' FLEX BASE eum«umerAMa lfi STA. 229+41.81 TO STA. 264+11.61 TY A, GR 1 SHEET 1OF5 �i L r 1 J I� ti7 .� L. '_ a. t o 9 "rp•-•-. �a�{/(J` `Nil 5' ` a m � • O • v PUBLIC HEARING Receive citizen comments on the Public Service and the Public Facilities and Improvements line items of the Consolidated Grant Program's 2008 Annual Action Plan RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 15, 2008 REQUESTED ACTION: Council conduct a Public Hearing to receive citizen comments on the Public Service and the Public Facilities and Improvements line items of the Consolidated Grant Program's 2008 Annual Action Plan. The Public Service line item includes Emergency Shelter Set-a-Side. RECOMMENDATION Administration recommends Council conduct a Public Hearing to receive citizen comments on the Public Service and the Public Facilities and Improvements line items of the Consolidated Grant Program's 2008 Annual Action Plan. The Public Service line item includes Emergency Shelter Set-a-Side. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years, prior to adopting the City's Annual Action Plan. To date, Community Development staff and the Community Development Advisory Committee (CDAC)have held three(3)Public Hearings(Elmo Willard Library, Fletcher Elementary School, Theodore Johns Library), in order to discuss the budget process of the Consolidated Grant Program. A Public Hearing/Workshop was also held at a City Council meeting, adopting the Consolidated Grant Program's Preliminary Annual Action Plan. In addition, the CDAC held three(3)meetings, which included site visits to several nonprofit agencies, in order to make agency recommendations to Council. In accordance with the Citizen Participation Plan, a thirty(30)day comment period, which allowed citizens a reasonable time to submit written comments, followed the adoption of the Consolidated Grant Program's 2008 Preliminary Annual Action Plan on February 12, 2008. Prior to submission to HUD for approval, recommendations from the CDAC and staff will be provided to City Council for consideration, before adopting the final draft of the Consolidated Grant Program's 2008 Annual Action Plan on or about April 22, 2008. BUDGETARY IMPACT The preliminary 2008 budget is comprised of Community Development Block Grant funds ($1,785,07), HOME funds($732,930)and Estimated Program Income($250,000). The Public Service and Public Facilities and Improvements line items totaled$210,000; of which, $125,000 was allocated to the Public Services and Public Facilities and Improvements activities, with $85,000 allocated to the Emergency Shelter Set-a-Side(Homeless Providers)activities. 2008 HUD CONSOLIDATED GRANT PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008 Preliminary Budget HOUSING Minor Repair $ 50,000 Funds will be used to repair 3 to 4 homes at approx. $15,000 ea,primarily for low to moderate income senior citizens with a disability. Elderly/Disabled Housing Assistance 50,000 Funds will be used to assist in minor sewer repairs, tree and shrub removal and other activities associated with code enforcement for homes owned by primarily low/mod income ekderly/disabled citizens. Lead-Based Paint Testing 25,000 Funds will be used to test the paint and address the lead based paint issues of single family residential and multiple family housing. INFRASTRUCTURE 70,000 Funds will be used for infrastructure improvements in areas where low/mod income citizens reside. CLEARANCE AND DEMOLITION Clearance and Demolition Activities Funds will be used to demolish approx. 100 abandoned, unsafe, unsanitary and uninhabitable 280,000 residential structures in low to moderate income areas at a cost of approximately$3,000 each. ECONOMIC DEVELOPMENT 830,000 Section 108 (Debt Service) Hotel Beaumont (Section 108 payment) - rehabilitation Crockett Street (Section 108 payment) - rehabilitation Jefferson Theater(Section 108 payment) - rehabilitation Theodore R. Johns,Jr. Library (Section 108 payment) - new construction L L Melton YMCA(Section 108 payment) - rehabilitation PUBLIC SERVICE and PUBLIC FACILITIES & IMPROVEMENTS 210,000 Funds will be used for construction, renovation and equipment purchases for various nonprofit organizations. $85,000 of the $210,000 will be used as set-aside for Homeless Providers. CDBG ADMINISTRATION 270,079 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements of the HUD Consolidated Grant Program. TOTAL CDBG 1,785,079 ESTIMATED PROGRAM INCOME Small Business Loan Fund 100,000 Historic Preservation Loan Fund 30,000 Clearance and Demolition 120,000 TOTAL ESTIMATED PROGRAM INCOME 250,000 HOME AFFORDABLE HOUSING PROGRAM 549,697 Funds will be used to assist nonprofit and/or for-profit developers with the development and/or rehabilitation of affordable housing that will be sold or leased to low to moderate income families, and with project delivery costs such as downpayment assistance, closing costs and principal mortgage buy downs. Funds will also be used to assist developers with eligible project costs associated with the development and/or rehabilitation of multi-family housing units. CHDO RESERVE 109,940 Funds will be used by Community Housing Development Organizations for the construction of affordable housing for low to moderate income families. Costs include acquisition, site preparation, infrastructure, down payment and closing cost assistance and other eligible costs. HOME ADMINISTRATION 73,293 Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements of the HUD HOME Program. TOTAL HOME 732,930 TOTAL 2008 PRELIMINARY BUDGET $ 2,768,009