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HomeMy WebLinkAboutPACKET APR 29 2008 RICH WITH OPPORTUNITY r T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 29, 2008 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Barry Miller will fill the unexpired term of Roy McClaney on the Convention and Toursim Advisory Committee. The term would commence April 29, 2008 and expire June 17, 2008. (Mayor Becky Ames) George Jackson would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire March 20, 2010. (Councilmember Nancy Beaulieu) A) Authorize the City Manager to enter into an Interlocal Agreement with Jefferson County for the management and operation of the 800 MHz radio system B) Approve two change orders for extra work related to the City Hall Improvements Project C) Authorize the City Manager to apply for and accept a Tobacco Compliance Grant from the Texas Comptrollers Office D) Amend Resolution No. 08-085 to properly identify the subdivision as Willow Creek Country Club Estates Subdivision Section X-C E) Authorize the execution of a License to Encroach Agreement with The Modern Group for the installation of underground conduits to serve their facilities at 1313 Gulf Street A RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 613 MEETING DATE: April 29, 2008 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an Interlocal Agreement with Jefferson County for the management and operation of the 800 MHz radio system. RECOMMENDATION Administration recommends authorizing the City Manager to enter into an Interlocal Agreement with Jefferson County. BACKGROUND The 800 MHz radio system consists of software and hardware for four tower sites and an 800 MHz SmartZone trunked radio system from Motorola. The initial configuration purchased by the City was designed to handle about 700 devices and serve only its needs. Jefferson County purchased the equipment needed to implement an 800 MHz Mixed Mode Digital Smartzone Simulcast System and support their additional radios. The City upgraded its controller to work in concert with and provide backup for the one purchased by Jefferson County. The additional equipment and towers of the upgraded system provided enhanced in-building coverage as well as increased exterior coverage throughout the City of Beaumont. The City of Beaumont is using approximately 1100 radios on the system today. The City of Beaumont and Jefferson County have been working together on this shared 800 MHz radio system since 2004 and have been sharing the annual costs necessary (approximately $140,000 each) for its management and maintenance. The agreement is intended to formalize this relationship and to provide a guide to use when adding additional jurisdictions to the system. BUDGETARYIMPACT None. INTERLOCAL AGREEMENT CITY OF BEAUMONT AND JEFFERSON COUNTY THIS AGREEMENT is made this the day of April 2008, by and between the City of Beaumont, Texas, a municipal corporation of Jefferson County, here in referred to as "City,"and Jefferson County, here in referred to as"County,"collectively herein referred to as"the Parties," both entities authorized to enter into interlocal agreements in accordance with Chapter 791 of the Government Code of the State of Texas. THIS AGREEMENT is intended to replace all existing interlocal agreements and understandings that currently exist between the aforementioned entities as they relate to ownership, management, future updates, future membership, maintenance, management, and operation of the 800 MHz trunked radio system, herein referred to as "System." WHEREAS, on October 17, 2000, the City Council of Beaumont, Texas authorized the purchase of an 800 MHz trunk radio communication system, consisting of software, communications equipment infrastructure, mobile and portable units, project management and warranty through the Houston-Galveston Area Council, herein referred to as"HGAC," at a cost of $2,258,674.55; and WHEREAS, on July 28, 2003 the Commissioner's Court of Jefferson County, Texas authorized the purchase of a Countywide 800 MHz trunk radio communication system, consisting of software, communications equipment infrastructure, mobile and portable units, project management and warranty, in accordance with State of Texas bidding requirements, at a cost of $3,700,000; and WHEREAS, the Parties have determined that a unified and integrated radio communication system for the county area would improve the ability of public safety and public service agencies to communicate and cooperate with each other, and allow direct access to and exchange of data, thereby promoting public health, safety, and welfare; and WHEREAS, the Parties acknowledge that this Agreement is needed to outline the specific and unique arrangements which exist for the ownership, management, maintenance, purchasing of additional equipment and operation of a combined 800 MHz trunked radio system using assets and resources belonging to each entity; and NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the Parties agree as follows: Article 1 Interlocal Agreement 1.1 This Agreement is entered into and shall be construed pursuant to Chapter 791 of the Texas Government Code, the Texas Interlocal Cooperation Act. 1.2 The Parties will cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled. The Parties agree in good faith to undertake resolutions of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. Article 2 Initial System Design& Updates 2.1 The radio communications system consists of software and hardware for four tower sites and an 800 MHz Smart Zone trunked radio system from Motorola. System resources include two simulcast towers with 11 repeater channels and two 4-channel Intelli-Repeater(IR) tower sites. The Master Site is located at the City's communications shop on Marina drive. The master site is connected via AT&T,T 1 telephone circuits to the three other tower sites and to the dispatch centers for Beaumont police, Beaumont Fire and Jefferson County Sheriff. 2.2 Current Tower Locations are as follows: A. Master/Prime Simulcast Site - City Facility—620 Marina Dr., Beaumont, Tx. 77703 Communications Shop. B. Second Simulcast Site—Leased Tower space, 337 Pine St., Pt. Neches, Tx . C. I"IR site - Leased Tower space, 1991 N. Meeker Rd. - , west of Beaumont. D. 2nd IR site - County owned Tower Site - on Hwy 73, Fannett, Texas south of Beaumont. 2.3 Radio frequencies of each party are used in the System. Under the current design, the City allocated 13 of its 16.frequencies to the System;the County has its 5 frequencies dedicated to the System. A listing of these frequencies is found in Attachment 1. 2.4 The initial configuration purchased by the City was designed to handle about 700 city devices and serve only its needs. The County purchased the equipment needed to implement an 800 MHz Mixed Mode Digital Smartzone 4.1 Simulcast System. The City upgraded its controller to work in concert with and provide back up for the one bought by the County. The additional equipment and three additional towers of the upgraded system provided enhanced in-building coverage as well as increased exterior coverage.The County's current plans project needed support for about 400 devices. Equipment purchased by each agency is collocated throughout the system. Additional resources will be required as the number of devices approaches design capacity. Motorola's definition of system capacity is 100 — 150 ACTIVE users per ;repeater. This definition varies by many factors ie... number of talkgroups, length of transmissions and many others. A quarterly review by the System Manager will be conducted and results will be provided to the System Project Managers. System expansion and upgrades are addressed in Article 5. 2.5 A detailed listing of equipment purchased by each party is included in Attachment 2. The City and the County will provide documentation to the System Manager on a routine basis to maintain an updated list of any new equipment purchased. The System Design Chart prepared by Motorola will be included in Attachment 3 along with the addition of Beaumont equipment for dispatching Fire/Rescue. 2.6 A detailed list of equipment that is subsequently purchased jointly will be attached to and maintained by the System Manager with the Agreement as Attachment 5. 2.7 A listing of line charges, tower rental fees, and associated expenses paid to support the elements of the System is attached as Attachment 6. This listing will be updated and maintained by the System Manager. The City will be responsible for all current line charges to support the system. [The charges currently total about$31,000.00 per year]. The County will be responsible for tower rental fees and associated utilities. [These charges currently total approximately $47,962.] 2.8 A detailed inventory of subscriber units will be maintained by the System Manager. 2.9 A listing of the expenses incurred for system management and coordination will be maintained and reviewed annually by the System Manager and Project Managers. 2.10 For continued support of the system Motorola Inc. will be contracted for an annual Service Agreement. The Service Agreement will be contracted in the name of Jefferson County and itemize equipment owned by all Parties to the system. Project Managers will review the proposal annually to assure equipment is covered appropriately. Fee for the Service Agreement will be paid by Jefferson County and then invoiced proportionally to the agencies as described in this agreement. A copy of the Service Agreement will be included in this document as Attachment 4 and will be updated annually. Article 3 Ownership and Radio Liaisons 3.1 The System is composed of individual elements that are designed to work together. The County and the City will continue to own equipment that they have individually purchased. All assets purchased by respective agencies under this agreement will remain assets of the respective agencies. 3.2 Each organization will designate a primary contact — Project Manager - to represent their interests and make decisions on issues related to the day-to-day operation of the System. This person must also be authorized to make urgent and emergency operational and repair decisions. An urgent or emergency situation would be one where immediate decision authority is needed to allow the system as a whole to continue supporting normal communications services. It is recognized that each Project Manager will have to obtain authorization from higher levels within their organization for non-emergency system issues that require financial or long-term operational commitments. 3.3 The Project Managers will provide the System Manager with current contact information and jointly develop a plan for emergencies that might occur after hours and on holidays. 3.4 The Parties and their Project Managers will work cooperatively to provide and maintain the information required in the Attachments. Article 4 System Management and Coordination 4.1 The City of Beaumont's Communications Shop will be responsible for day-to-day management,operation,and oversight of the System. This will include the management and clerical support required to update the Attachments and process the City of Beaumont invoices required under this Agreement. The County Project Manager will process any Jefferson County invoices. 4.2 The City's Communications Manager will serve as the System Manager. Among his other duties, the System Manager will determine the capacity of the System to add new users and develop a process for same. The System Manager will coordinate an agreement with Project Managers prior to adding new users to the system. 4.3 General duties of the System Manager will include monitoring the System and its components for normal operation; participating in the diagnosis of System performance problems and the development of corrective action recommendations; dispatching appropriate repair services in the event of a System malfunction; and managing the database elements that relate to effective operation. 4.4 The Communications Shop will also process subscriber unit repair orders and provide for radio programming for the City and County. The Communications Shop will also provide first level service for County subscriber units. Cost for materials necessary for this service will be billed to the County at actual cost. This service is available to the county at the current staffing level. Any future expansion of the system,significant increase in subscriber units,and/or additional entities joining the system may require negotiation of cost sharing for additional personnel, equipment and/or reimbursement for personnel time. 4.5 The Shop may offer additional services at a published rate. Such services will be available to System users as time and/or personnel permits. 4.6 The Communications Shop is staffed from 7:30 am to 4:00 pm, Monday through Friday, excluding Holidays. After hours emergency contact will be made through the Beaumont Police Department at (409) 880-3865. 4.7 The System Manager will coordinate the activities listed in this section and be responsible for the services outlined herein. System participants will be provided with appropriate contact information. 4.8 To provide an accurate and coordinated inventory of subscriber units established on the system the City of Beaumont Communications Shop will maintain and issue all subscriber ID's for the system. Subscriber ID's will be maintained and indexed separately by agency. External users, ie. interoperability access, will also be indexed separately. 4.9 Individual agency Alias Database entry and maintenance will be the responsibility of the individual agency with the assistance of the System Manager as needed. Article 5 System Repairs, Upgrades, and Replacement 5.1 Each party-the County and the City-will be responsible for the cost of repairs to its towers and related antennas. The County will be responsible for the County owned equipment located at its tower sates, including the cost of any utilities, maintenance, tower rental fees and service contracts that are associated with its equipment at those locations. The City will be responsible for City owned equipment located at the Communications Shop including the remote simulcast controller, repeaters,and combiners. Each parry will be responsible for the costs associated with its dispatch offices. . 5.2 Replacement and service maintenance to Master Site equipment and Simulcast Prime equipment is inevitable. When components of infrastructure need to be repaired,serviced,or replaced at the master or prime sites, the cost will be shared equally between the Parties. Reimbursements(equally shared)for same will be made based on invoices generated by the paying agency. Accounting reports for these purposes will be maintained annually. 5.3 System upgrades may be needed from time to time to enhance or improve the quality of communications. Such improvements will be discussed by the project managers so that improvements can be implemented in a planned,coordinated fashion. System loading verses system capacity will, be reviewed semi-annually by the System Manager and Project Managers and recommendations for expansions will be furnished. Should upgrades or expansion to the System be required and be acceptable to the parties,the costs will be shared equally. Should the upgrade or enhancement have the support of only one party,that party will be responsible for securing whatever funding is required for the project. 5.5 The parties agree to work together to obtain grant funding for communications enhancements and improvements. This includes applying for grants available through the Southeast Texas Regional Planning Commission. Grant awards will be reflected in Attachment 7,along with other funding received for System development. Article 6 Termination of Agreement 6.1 This Agreement maybe terminated by either party with 30 months written notice. The time allotted is considered.necessary for making alternate service arrangements. All provisions of this Agreement will be honored until the effective termination date. 6.2 Upon termination, System management responsibilities will end. Each party will keep the equipment that is wholly owned by them. 6.3 Should the parties not come to an amicable conclusion about the disposition of whatever equipment is jointly purchased, the parties agree to arbitrate those issues. 6.4 Prior to termination of the Agreement,either party may request that conflicts be submitted to arbitration. Both Parties agree that such an offer will be given due consideration. Article7. Entirety of Agreement 7.1 This Agreement constitutes the entire agreement between the Parties with respect to its subject matter,and there are no other representations,understanding,agreements between the Parties with respect to such subj ect matter. This Agreement supersedes all prior agreements, negotiations, representations, written or oral. Article 8 Term of Agreement 8.1 The term of this Agreement is five years, beginning upon its execution by officials so authorized by the governing bodies of the Parties. 8.2 Actual incurred costs will be reviewed by the Project Managers following each fiscal year to ensure costs continue to be fairly assigned between the Parties. 8.3 If no action is taken to terminate the Agreement, it will automatically renew for an additional five years. 8.4 If action is taken to terminate this Agreement,the ending date will be set to accommodate the 30-month period required in Article 6. Article 9 Additional Governmental Agency Requirement for Membership of the System 9.1 Future needs for Public Safety radio interoperability may make it desirable for other governmental agencies to become members of the joint radio system owned by the City of Beaumont and Jefferson County. 9.2 Any entity wishing to obtain membership to the system must be a public safety entity and shall request membership through the current system governing body. 9.3 Any change to the current system resulting from the addition of new members must be designed by Motorola Inc. system engineers and must cause no decrease in capability. 9.4 Equipment, both infrastructure and subscriber units, necessary for the system to adequately handle the additional members shall be furnished, installed, and tested by the additional member agency. Any reprogramming of the current system user's infrastructure or subscriber units shall be funded by the new member agency. 9.5 New member agencies must agree in writing to the current agreement between the agencies. Should the addition of the new agency cause changes to the original agreement, they shall be produced as an amendment to this document. 9.6 New equipment added to the system must be digital format. Current analog equipment owned by the new member agency may be utilized until replacement if agreed to by the parties. 9.7 Equipment p urchased and added to the system by the new member agency shall remain the property of the agency. Any repair or replacement of said equipment shall be the responsibility of the agency. 9.8 New member agencies must agree to fund their appropriate share of shared infrastructure equipment and services required to maintain and operate the system. This shall include, but is not limited to, warranty service agreements, circuit line charges, tower rental fees, and repair charges. Article 10 System Cost Sharing To insure the continued quality and maintenance of the combined radio system, member agencies will contribute funding for the necessary warranty and service agreement, operational costs, repair, and required upgrades to the system. Agencies are required to budget for their share of expenses for the continued operation of the system. An agencies appropriate share of the costs of the system shall be determined by the following guidelines. 10.1 Definitions: A. Stakeholder Agency- A governmental agency who has provided from any means significant infrastructure equipment and/or frequencies installed on the base system thereby increasing the capacity of the system and providing for the agency an ownership interest in the system. B. System User Agency- A governmental agency that due to size or number of subscriber units installed on the system is not required to install infrastructure equipment or frequencies to the system to accommodate their usage. System User Agencies will. have talk groups on the system unique to their agency and commonly used for their day to day operations. C. Interoperable Agency- A governmental agency that has authorized talk groups from agencies on the system programmed in their subscriber units for the purpose of communicating with those agencies during operations of mutual interest. These talk groups are not to be utilized on a day to day basis except as necessary for the benefit of both agencies. 10.2 The City of Beaumont and Jefferson County as original stakeholders of the joint radio system shall share operational costs as itemized in previous articles of this agreement until such time as other governmental agencies become members of the system. 10.3 Upon membership to the combined system the following guidelines will be utilized to determine equitable cost sharing for the continued operation of the system: A. Stakeholder Agency: 1. Responsible for the purchase and maintenance of the agencies subscriber units. 2. Responsible for utilities, maintenance, service agreement charges, communication line charges, and equipment for the individual agencies communications (dispatch) center(s). 3. Responsible for payment of an apportioned share of the Motorola service agreement, infrastructure operational costs, repair, and necessary upgrades to the infrastructure of the radio system. The agency share will be based on the percentage of agency owned subscriber units on the system excluding Interoperable Agency subscribers. B. System User Agency 1. Responsible for a system user fee based on the percentage of agency owned subscriber units on the system excluding Interoperable Agency subscribers as described in A (3) above. 2. Responsible for other costs encumbered by the agency to utilize the system, ie. subscriber unit purchase, programming, and maintenance. C. Interoperable Agency 1. Responsible for all costs encumbered by the agency to utilize the system, ie. subscriber unit purchase, programming, and maintenance. The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of . 2008. CITY OF BEAUMONT. TEXAS By: Kyle Hayes, City Manager The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of 2008. COUNTY OF JEFFERSON, TEXAS By: Ronald L. Walker, County Judge The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the _day of , 2008. CITY OF GROVES, TEXAS By: Title: The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the _day of 12008. CITY OF NEDERLAND, TEXAS By: Title: The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the _day of , 2008. CITY OF PORT ARTHUR, TEXAS By: Title: The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the _day of 12008. CITY OF PORT NECHES, TEXAS By: Title: RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Jefferson County for the management and operation of the 800 MHz radio system. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - B RICH WITH OPPORTUNITY rT • 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 29, 2008 REQUESTED ACTION: Council consider approving two change orders for extra work related to the City Hall Improvements Project. RECOMMENDATION The Administration recommends approval of Change Order Nos. 5 and 6 for extra work on the City Hail Improvements project totaling $21,955 to Bruce's General Construction. BACKGROUND The construction contract was awarded by Council to Bruce's General Construction in the amount of$457,000 for renovations to the 2nd and 3`d floors of City Hall. Change Order No. 1 included carpet replacement in the amount of$58,391.06. Change Order No. 2 included additional cabling for data and phone connections for $23,588.19. Change Order Nos. 3 and 4 totaling $6,542 included the relocation of a fire hose and electrical repairs. Change Order No. 5 includes the costs for additional electrical and ductwork repairs as well as additional cabling for data and phone connections. The change also includes vinyl and ceramic tile installation not included in the original contract. The total cost for Change Order No. 5 is $28,009. Change Order No. 6 provides for patching and painting walls and additional electric receptacles not included in the original contract. The change also includes a credit for signage not ordered from the contractor and a close out of the contingency balance. The total cost of Change Order No. 6 is a reduction of$6,054. The current contract totals $545,521.25. Adding the Change Order Nos. 5 and 6 total of$21,955 will result in a new contract total of$567,476.25. The date of substantial completion remains unchanged. Change Orders - City Hall Improvements April 22, 2008 Page 2 Copies of Change Order Nos. 5 and 6 are attached for your review. BUDGETARY IMPACT Funds are available in the Capital Program. 0"FRIS *--.:AIA Document G701 TM - 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:005 OWNER: Beaumont City Hall Second and Third DATE:April 7,2008 ARCHITECT: Floor Renovation for City of Beaumont CONTRACTOR: TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:06105 FIELD: ❑ Bruce's General Construction CONTRACT DATE:September 20,2007 1 175 Reynolds Rd. CONTRACT FOR:General Construction OTHER: El Beaumont,TX 77707 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable,any undisputed amount attributable to previously executed Construction Change Directives) ADDITION TO CONTRACT: (SEE ATTACHED DOCUMENTATION FOR THE FOLLOWING.) $ 1,425.00: Electrical Repairs to Phase 4,5&6 $ 3,178.00: Miscellaneous HVAC Repairs $ 535.00: Labor for Journeyman to rewire lighting in Phase 5,etc. $ 1,885.00: Install 15 new receptacles,etc. $10,310.00: Install additional 79 data drops $ 2,756.00: In lieu of painting rooms 312,313,314,315,316,317&318,add floating and texture to Library,etc. $ 7,920.00: Use carpet from 1"floor to install carpet on 3`1 floor,ect. $28,009.00: TOTAL THIS CHANGE ORDER The original Contract Sum was $ 457,000.00 The net change by previously authorized Change Orders $ 88,521.25 The Contract Sum prior to this Change Order was $ 545,521.25 The Contract Sum will be increased by this Change Order in the amount of $ 28,009.00 The new Contract Sum including this Change Order will be $ 573,530.25 The Contract Time will be increased by Zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. AIA Document G701 TM—2001.Copyright ©1979,1987,2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A10 Document,or any 1 portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:49:24 on 04/07/2008 under Order No.1000319807_1 which expires on 9/5/2008,and is not for resale. User Notes: (1777370771) NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER Architectural Alliance,Inc. Bruce's General Construction City of Beaumont ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Finn name) 6654 Phelan Blvd. 1 175 Reynolds Rd. P.O.Box 3827 Beaumont,TX 77706 Beaumont,TX 77707 Beaumont,TX 77704 ADDRE ADDR ADDRESS (Signature) tatur.) BY(Signature) J.Rob Clark,AIA ����1 (Typed n me) (Typed name) —� (Typed name) D E DATE DATE AIA Document G701 T11—2001.Copyright ©1979,1987,2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING:This AIA(' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any 2 portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:49:24 on 04/07/2008 under Order No.1000319807_1 which expires on 9/5/2008,and is not for resale. User Notes: (1777370771) OWNER'S COPY .-%f AIA Document G701 TM - 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:006 OWNER: Beaumont City Hall Second and Third DATE:April 7,2008 ARCHITECT: Floor Renovation for City of Beaumont CONTRACTOR: TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:06105 FIELD: ❑ Bruce's General Construction CONTRACT DATE:September 20,2007 1175 Reynolds Rd. CONTRACT FOR:General Construction OTHER: El Beaumont,TX 77707 THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable,any undisputed amount attributable to previously executed Construction Change Directives) ADDITION TO CONTRACT: (SEE ATTACHED DOCUMENTATION FOR THE FOLLOWING.) $-5,000.00: Signage Allowance Credit $-4,829.00: Close out Contingency $ 1,300.00: Tape,patch and texture where floor was removed $2,475.00: New recepticles in Library area office,etc. $-6,054.00: Changes to contract amount this change order The original Contract Sum was $ 457,000.00 The net change by previously authorized Change Orders $ 116,530.25 The Contract Sum prior to this Change Order was $ 573,530.25 The Contract Sum will be increased by this Change Order in the amount of $ -6,054.00 The new Contract Sum including this Change Order will be $ 567,476.25 The Contract Time will be increased by Zero(0)days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Architectural Alliance,Inc. Bruce's General Construction City of Beaumont ARCHITECT(Firm name) CONTRACTOR(Finn name) OWNER(Firm name) 6654 Phelan Blvd. 1 175 Reynolds Rd. P.O.Box 3827 Beaumont,TX 7770 _ Beaumont,TX 77707 Beaumont,TX 77704 ADDRESS ADDRESS ADDRESS UY.Kignature) ignatur ) BY(Signature) J.Rob Clark,AIA f -e- (Typed name) (Typed name) (Typed name) 4- a- 0 0, _ - l/ DATE D TE DATE AIA Document G701 n"'—2001.Copyright C 1979,1987,2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING:This AIA® Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA®Document,or any 1 portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:54:14 on 04/07/2008 under Order No.1000319807_1 which expires on 9/5/2008,and is not for resale. User Notes: (2379686973) RESOLUTION NO. WHEREAS, on September 18, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-281 awarding a contract in the amount of$457,000 to Bruce's General Construction, Beaumont,Texas,to furnish all labor, materials, equipment and supplies to renovate the 2nd and 3' floors of City Hall; and, WHEREAS, Change Order No. 1 approved by City Council on October 23, 2007, increased c eased the contract amount b 58 391.06 for a total contract amount of 1 y $ $5 5,391.06; and WHEREAS, Change Order No. 2, approved by City Council on November 13, 2007, increased the contract amount by$23,588.19 for a total contract amount of$538,979.25; and WHEREAS, Change Order No. 3, dated January 31, 2008, increased the contract amount by$5,302.00 for a total contract amount of$544,281.25 for a total contract amount of$544,281.28; and WHEREAS, Change Order No. 4, dated January 9, 2008, increased the contract amount by $1,240 for a total contract amount of$545,521.25; and WHEREAS, Change Order No. 5 is required for additional electrical and ductwork repairs as well as additional cabling for data and phone connections and vinyl and ceramic the installation, thereby increasing the contract amount by $28,009 for a total contract amount of $573,530.25; and WHEREAS, Change Order No. 6 is required for patching and painting walls and additional electrical receptacles, and also includes a credit for signage not ordered from the contractor and a close out of the contingency balance, thereby decreasing the contract amount by $6,054 for a total contract amount of $567,476.25. 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 Nos. 5 and 6 to the City Hall Improvements Project for a total amount of$567,476.25 for the work described above. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - c RICH WITH OPPORTUNITY r T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: April 29, 2008 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and accept a Tobacco Compliance Grant from the Texas Comptrollers Office. RECOMMENDATION Administration recommends authorizing the City Manager to apply for and accept a Tobacco Compliance Grant from the Texas Comptrollers Office. BACKGROUND The Beaumont Police Department has participated in the enforcement of Texas Tobacco Laws for over seven years through various grant programs. These programs target establishments that sell tobacco to minors through inspections and controlled buys. These efforts have resulted in increased compliance with tobacco laws and a reduction in the use of tobacco by minors in the area and statewide. These programs are required for the State of Texas to continue receiving certain types of federal funding which is based upon statewide tobacco law compliance. The grant awards range from$1,000 to $40,000. In the past the grant amount awarded to the City of Beaumont has been $7,000. BUDGETARY IMPACT None. There is not a match requirement from the City. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and accept a Tobacco Compliance Grant from the Texas Comptrollers Office to assist Beaumont police officers to enforce the Texas Tobacco Laws. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - D RICH WITH OPPORTUNITY BEA,IIMON* 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 29, 2008 REQUESTED ACTION: Council consider a resolution amending Resolution No. 08- 085 to properly identify the subdivision as Willow Creek Country Club Estates Subdivision Section X-C. RECOMMENDATION Administration recommends approval of a resolution amending Resolution No. 08-085 to properly identify the subdivision as Willow Creek Country Club Estates Subdivision Section X-C. BACKGROUND Resolution No. 08-085 was approved by City Council on March 22, 2008, with the subdivision title of Creek Country Club Estates Subdivision Section X-C. The correct title of the subdivision is Willow Creek Country Club Estates Subdivision Section X-C. Willow was inadvertently omitted from the title in the March 22, 2008, City Council Agenda Item. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, City Council approved Resolution No. 08-085 on March 25, 2008, accepting the street, storm sewer, water and sanitary sewer improvements constructed in the Creek Country Club Estates Subdivision Section X-C; and, WHEREAS, the correct name of the subdivision is Willow Creek Country Club Estates Subdivision Section X-C; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Resolution No. 08-085 be and the same is hereby amended to reflect the correct name of the subdivision as Willow Creek Country Club Estates Subdivision Section X-C. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - E RICH WITH OPPORTUNITY 11EM ► � 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 29, 2008 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with The Modern Group across Gladys Street for the installation of underground conduits to serve their facilities at 1313 Gulf Street. RECOMMENDATION Administration recommends authorization to execute License to Encroach Agreement. BACKGROUND The Modern Group, Ltd. proposes to install two (2) one and one half inch conduits crossing under Gladys Street. The proposed underground conduit, for transmitting video, will cross approximately eighty-three (83) feet west of Gulf Street and under Gladys Street and will serve their facilities in a business office building located at 1313 Gulf Street. The License Agreement protects the City from liability and provides a thirty(30) day cancellation clause. BUDGETARYIMPACT There is a one time fee of$500 for the License to Encroach. \engmodem-ib 14 April 2008 RESOLUTION NO. WHEREAS,The Modern Group, Ltd. has requested that the City of Beaumont grant a License to Encroach into the right-of-way approximately eighty-three (83) feet west of Gulf Street and under Gladys Street as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachments upon the City right-of-way and utilities serving the same; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 a License to Encroach into the right-of-way approximately eighty-three (83) feet west of Gulf Street and under Gladys Street as shown on Exhibit "A" attached hereto and made a part hereof for all purposes to The Modern Group, Ltd. for a one-time fee of Five Hundred Dollars($500.00). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - ter metar Gulf atmet -I Li , 9-ar Be Ws- office 1313 Gulf ' e-v service vem.1 w dyal amt rrn , rn watar joeter At E 19, iC $ �anios�aiax � x 00 u D . COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: Proposed conduits crossing under Gladys Street, approximately eighty-three(83)feet west of Gulf Street[near 1313 Gulf]. DATE OF DISTRIBUTION: March 31, 2008 DUE: April 14, 2008 1) Joris P. Colbert, City Engineer Date Received: 4-11-08 Acceptance and Approval. 2) Jim Terry, Streets & Drainage Superintendent Date Received: 3-31-08 How will the conduit be installed?Bored?Open cut?We would need to meet on site to discuss depth and other issues before approval. Acceptance and Approval. Will be buried 36" below ground. Will bore under street[4-14-08]. 3) Jack Maddox, Fire Marshall Date Received: 4-2-08 Acceptance and Approval. 4) Hani Tohme, Water Utilities Date Received: 4-8-08 Acceptance and Approval. The City has a water main in the Right-of-Way of Gladys Street and Gulf Street. Enclosed is a map for the existing water facilities within the vicinity of this crossing. According to the water map, we have a twelve (12) inch water line on the west side of Gulf Street and an eight (8) inch water line on the south side of Gladys Street. In order to minimize future damages to underground utilities, all proposed or the replacement of cable in the right-of-way must be installed a minimum horizontal distance of thirty-six (36) inches and twelve (12) inches below existing water and sanitary sewer lines. 5) Stephen Richardson., Planning Manager Date Received: 3-31-08 Acceptance and Approval. 6) Mark Horelica, Transportation Date Received: 3-31-08 Acceptance and Approval. No Objections. 7) Patrick Sam, CenterPoint Energy Entex Date Received: 4-1-08 Acceptance and Approval. We do have a V pla svc line on Gulf& Gladys. Please call for locates. 8) Jeffrey Richard, Entergy Date Received: 4-1-08 Acceptance and Approval. 9) Cliff Moore, AT&T Date Received: NA 10) Richard Le Blanc, D.D.46 Date Received: NA Acceptance and Approval. 11) Tyrone Cooper, Legal Department Date Received: 4-8-08 Acceptance and Approval. comments_summary_modern RICH WITH OPPORTUNITY r T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 29, 2008 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-10/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving the sale of city-owned vacant surplus property located at 1350 Pennsylvania 2. Consider amending Section 19 of the Code of Ordinances regulating seismic testing within the city 3. Consider amending Chapter 26, Article IV of the Code of Ordinances relating to parade permits 4. Consider authorizing the City Manager to submit a grant application and execute a contract with the Texas Department of Transportation(TxDOT)to receive funds from the Landscape Cost Sharing Program for the installation of three (3) City gateway signs 5. Consider authorizing the City Manager to execute Amendment II of the Interlocal Agreement with Drainage District No. 6 for the Calder Street Project 6. Consider approving the purchase of Motorola portable radios for use in the Fire Department 7. Consider approving a contract for the reconstruction of homes damaged by Hurricane Rita utilizing federal grant funds 8. Consider approving the purchase of a diesel generator for use in the Water Utilities Department 9. Consider approving a bid for the installation of additional lighting at Charlton Pollard Park WORKSESSION * Review and discuss the 2008 HUD Consolidated Grant Program 10. Consider a resolution adopting 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 Claim of Louis Bryant anf of Precious Bryant Claim of Doris Brown anf of Jonathan Brown Claim of Joe Carter * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Chief Magistrate James D. McNicholas Magistrate Theodore Johns Magistrate Craig Lively 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 29, 2008 Consider approving the sale of city-owned vacant surplus property located at 1350 Pennsylvania RICH WITH OPPORTUNITY [I 17L A. � 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 29, 2008 REQUESTED ACTION: Council consider the sale of city-owned property. RECOMMENDATION Administration recommends the sale of 1.688 acres to the Port of Beaumont for the sum of $112,000. BACKGROUND Bids were received on Thursday, April 10, 2008 for the sale of city-owned surplus property. The property is located at 1350 Pennsylvania. Originally, the property was part of Pipkin Park. The tract of land was separated when the City rerouted Pennsylvania Avenue. This portion of the park contained playground equipment until 2005 when it was removed due to deterioration and lack of use. Since this land was formally park property, state statutes require that the sale of park property be approved by a majority of the voters. The sale of this tract of land was placed on the May 12, 2007 ballot and approved. Prior to placing the sale of this property on the ballot and on the condition that the voters approved the sale of the property, Council instructed staff to have the property appraised and set the minimum bid at the appraised value. After the sale was approved by the voters, staff obtained a survey of the property and requested an appraisal from Bishop Real Estate Appraisers, Inc. The property was appraised for $110,000 and the minimum bid was set at this amount. Two bidders responded and are as follow: Port of Beaumont $112,500 J. Warren Fontenot $22,200 Surplus Land Sale April 11, 2008 Page 2 The property is described as an irregular shaped interior tract that contains 1.688 acres or 73,529 square feet. It has approximately 300 ft. frontage along Pennsylvania Avenue and 82.5 ft. on the east side of Park Street. It is zoned CM, Commercial Manufacturing. BUDGETARYIMPACT Funds received from this sale must be used for other park improvements. RESOLUTION NO. WHEREAS, the City of Beaumont has no objection to the disposal of surplus property located at 1350 Pennsylvania, described as an irregular shaped interior tract that contains approximately 1.688 acres or 73,529 square feet with approximately a 300 ft. frontage along Pennsylvania Avenue and 82.5 ft. on the east side of Park Street, zoned CM, Commercial Manufacturing; and, WHEREAS, the land is no longer needed for the use of citizens as a road, nor does it have a potential for park, conservation, recreation or similar purposes; and, WHEREAS, the Port of Beaumont submitted a bid in the amount of $112,500 to acquire the property; and WHEREAS, the City of Beaumont wishes to sell the property to the Port of Beaumont and is of the opinion that the amount of $112,500 should be accepted; 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 the necessary documents to sell the property located at 1350 Pennsylvania, as described above, to the Port of Beaumont in the amount of $112,500. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - 2 April 29, 2008 Consider amending Section 19 of the Code of Ordinances regulating seismic testing within the city RICH WITH OPPORTUNITY 11EA,11M011 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C )� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 29, 2008 REQUESTED ACTION: Council consider amending Section 19 of the Code of Ordinances regulating seismic testing within the city. RECOMMENDATION The Administration recommends approval of amending Section 19 of the Code of Ordinances regulating seismic testing within the city. BACKGROUND In late 2007, multiple parties approached the City to conduct seismic testing within Beaumont. During Council workshops, blasting distances and the use vibratory trucks on city streets were discussed and a policy was determined. The proposed amendment to Section 19 of the Code of Ordinances would establish.these administrative policies as firm regulations. This would give staff, citizens and the applicants firm guidelines and expectations. Attached is the proposed amended Section 19. Please note that Section 19-49 (c) is proposed with a choice of language. The first option would allow vibratory trucks on private property, with the owner's permission, but not within 250' of any structure. The second option would prohibit any use of vibratory trucks within the city. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 19, SECTIONS 19-1, 19-2, CAPTIONS 19-3, 19-4 AND 19-5, SECTIONS 19-6, 19-8, 19-9, 19-19, 19-46, AND TO ADD NEW SECTIONS 19-47, 19-48,19-49,19-50, 19-51,19-52, 19- 53, 19-54, 19-55, 19-56, 19-57 AND 19-58; OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT PROVIDING FOR SEISMIC TESTING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter19, Section 19-1, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 19-1. Definitions. For the purpose of this chapter, all technical or oil and gas industry words or phrases used herein and not specifically defined herein shall have that meaning customarily, attributed to them by the oil and gas industry. The following words and terms wherever and whenever used or appearing in this chapter shall have the scope and meaning hereinafter defined and set out in connection with each: Applicant: Any person who applies for a drilling or seismic testing permit hereunder. Approved, approved type, or approved design: Improvements,equipment or facilities of a type or design approved by the building official. Building code: The portion of this Code or any ordinance of the city known by that title and all amendments thereto. Building permit: The permit required by the building code. Completion ofdrilling:A well is completed,forthe purpose of these regulations,thirty (30) days after the drilling crew has been released. The drilling crew is released within the meaning of this paragraph when work at the welisite for drilling or completing the well is suspended, either temporarily or permanently. Derrick:Any structure, improvement, equipment, or facility, and each and every part thereof, whether completed or not, and which is required, or used or useful for or in connection with drilling, operating, or maintaining a well for the production of oil, gas or other hydrocarbons from the earth, together with all parts of and appurtenances to such structure, improvement,equipment, or facility, including, but not limited to,foundations and sills therefor, pumphouses, engine-houses, or housings, pipe-racks, postings, walkways, mud-ditches, and crown block. Designated agent. The designated agent of applicant or permittee. Diligence: That the drilling derrick is in its operating position over the well, properly anchored and supported and that an operating crew is on duty at the drill site at all reasonable times. Drill site:The premises used during the drilling and subsequent life of a well or wells, which is necessary for the safe operations thereof. Drilling: Entry onto the site with equipment and/or personnel for the specific purpose of actually opening a well hole intended to produce oil or gas. Erect: To build, construct, install, assemble, put together, improve, alter, move, reconstruct, restore, renovate, renew or repair any building, structure, improvement or facility, or any part or portion thereof or foundations therefor, or appurtenance thereto, whether or not such building, structure, improvement or facility is completed, or to work upon, or in any way assist in such erection. Flammable liquids: Oil and other fluid hydrocarbons, including liquefied gases or other flammable liquids, having a flash point below two hundred(200)degrees Fahrenheit. The flash point of all commodities shall be determined by the Elliot, Abel, Abel-Pensky, or Tag closed cap testers, but the Tag closed cap tester, standardized by the National Institute of Standards and Technology, shall be authoritative in case of dispute. All tests shall be in accordance with the methods adopted by the American Society for Testing Materials, and approved by the American National Standards Institute, or their successors. Gas: The gaseous components or vapors occurring in or derived from petroleum or natural gas. Lessee: The possessor of the right to explore and recover minerals from the premises. Lessor. The owner of mineral rights. Maintain: To repair, or otherwise keep or place in working condition, and also to permit, or authorize to exist, regardless of whether any actual maintenance work is done. For the purposes of this chapter, an oil well, well-hole, derrick and production equipment, shall be deemed to be "maintained" upon the premises in and upon which the same were or are being drilled, erected or installed, until the following tasks are accomplished: (1) Every part of such derrick and production equipment shall be removed from the drill site. (2) All requirements for abandonment established by the state and any other regulatory authority having jurisdiction must be met. (3) All sumps, cellars, rotary mud, concrete, oil and rubbish must be removed and the drill site cleaned and all ditches must be leveled. (4) All property of the city which may have been disturbed or damaged by the operations at the drill site shall be repaired and cleaned as needed and restored to substantially the same condition as existed at the time of the issuance of the permit. Maintenance: The repair and replacement of parts of a structure when the repair or replacement does not alter or lessen the strength or stability of the structure. Non-urbanized drilling site: A drill site shall be considered non-urbanized if no occupied commercial, residential or industrial structure exists in use within one thousand (1,000) feet of the proposed well-hole. Occupied structure: Only those structures that are regularly occupied by persons at least twenty (20) hours per week. Oil: Petroleum and other fluid hydrocarbons obtained from the earth. Operate: To work or act upon, or to cause or permit natural or artificial forces to function in connection with any structure, plant, equipment, machinery, or facility with the purpose of utilizing the same for the purpose for which it was or is erected or maintained, or for any other purpose, and when used with reference to a well, well-hole, derrick or production equipment, means and includes any acts or functions performed or permitted to occur in connection with such well,well-hole, derrick or production equipment from and after the completion of the drilling of the well, for the purpose of producing or obtaining oil, gas, or other hydrocarbons from the ground, and for the purpose of collecting and handling the same and making deliveries thereof at the well or from the shipping tanks or lease tanks in the vicinity of the well. "Operate" includes all functions performed or permitted to occur in connection with such production, collection, handling and delivery, including the repair, reconditioning, restoration, perforating, redrilling or deepening of said well orwell-hole, and the dehydration or cleaning of said oil prior to making such deliveries as aforesaid. Operator. The person, whether owner, lessee, or independent contractor, actually in charge and in control of the drilling, maintenance, operation or pumping of a well or lease. Owner. A person who has legal or equitable title to the surface of the drill site. Peak particle velocity: The maximum rate of ground movement measured by any of the 3 mutually perpendicular components of ground motion. Permit ordrillingpermit: The written, typed or printed permission issued to applicant by the building official under the authority of this chapter. Permittee: Any person to whom a permit has been granted and issued under and pursuant to the terms of this chapter by the building official. Person: An individual; a receiver; a trustee; a partnership; a joint adventure; a firm; an unincorporated association; a syndicate; a club; a society; a trust; a private corporation; a public corporation; a municipal corporation; a county, a state, or national government; a commission; a water district; a utility district; a political subdivision; and a drainage, irrigation, levee, reclamation, flood control, or water conservation district, whether acting for himself or itself or in any representative capacity. Point of impulse: The location of the source of energy used in seismic testing. This definition shall include energy caused by detonation of explosive charges or through the use of mechanical devices such as vibratory trucks, if approved by the City. Production equipment: Pumping equipment,tubing, pipes, gauges, meters, valves, oil and gas separators, sumps, flow tanks, production tanks, shipping tanks, lease tanks, shipping pumps, loading racks and all other structures, machinery,equipment and facilities, and each and every part thereof, whether completed or not, required for or used or useful in connection with the operation, repair, reconditioning, redrilling or maintenance of a well or well-hole, and the collection, handling and delivery of oil, gas or other hydrocarbons therefrom,and which structures, machinery,equipment and facilities are not included in the "derrick","well",or"well-hole",as heretofore defined."Production equipment"also includes any wash tanks, dehydration plant or other equipment or facility operated or maintained by or in behalf of the operator of said well for the purpose of separating sand,water and other foreign substances from the oil, gas or other hydrocarbons produced or obtained by said operator, prior to shipping or delivering said oil from the shipping tanks or lease tanks at the well, or in the vicinity thereof. Redrilling: The deepening of an existing oil well or otherwise drilling beyond the extremities (to the side) of the existing well casing. The provisions of this chapter relating to drilling shall be equally applicable to redrilling. Structure: That which is built or constructed; a tank, edifice, or building of any kind. Suspended operations: The approved temporary suspension of drilling or redrilling operations pending a resumption of operations or abandonment. Tank: A container, covered or uncovered, used in conjunction with the drilling or production of an oil well, for, holding or storing liquids at or near atmospheric pressure. Urbanized drilling site:A drill site shall be considered urbanized where an occupied commercial, residential or industrial structure exists within one thousand (1,000)feet of the proposed well-hole. Well head: A well head is composed of the casinghead, Christmas tree and all well connections. Section 2. THAT Chapter19, Section 19-2, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 19-2. Permit required (drilling or seismographic testing); acts constituting nuisances. (a) No person shall conduct any drilling, redrilling or seismic testing within the corporate limits of the City of Beaumont without having obtained a permit for said drilling, redrilling or seismic testing under this chapter. (b) It is hereby declared a nuisance for any person to conduct any drilling operations within one thousand (1,000) feet of the property line of any school of the Beaumont Independent School District without the prior written consent of the board of trustees of said district, or within one thousand (1,000) feet of the property line of any parochial or charter school without the prior written consent of the board of trustees or other governing body of said schools. It is hereby declared a nuisance for any person to conduct any drilling operations within one thousand (1,000) feet of a property line of any hospital, convalescent home, orphanage or nursing home located within the city limits of the City of Beaumont without the prior written consent of the owner or owners thereof. It is hereby declared a nuisance for any person to conduct any drilling or redrilling operation outside the city limits of the City of Beaumont closer than one thousand (1,000) feet to any occupied structure otherthan a school, hospital,convalescent home,orphanage, or nursing home located within such city limits without obtaining a permit for said drilling or redrilling under this chapter. (c) It is hereby declared a nuisance for any person to construct any storage tank or tanks within one thousand (1,000)feet of the property line of any school of the Beaumont Independent School District without the prior written consent of its board of trustees, or within one thousand (1,000) feet of the property line of any parochial or charter school without the prior written consent of the board of trustees or the governing body of said schools orwithin one thousand (1,000)feet of any hospital, convalescent home,orphanage or nursing home located eitherwithin or outside the city limits of Beaumont without the prior written consent of the owner or owners thereof. Section 3. THAT Chapter19, Sections 19-3, 19-4 and 19-5, of the Code of Ordinances of the City of Beaumont be and are hereby amended to amend the captions to read as follows: Sec. 19-3. Review and action on drilling or redrilling permit application; approval or disapproval of operations. Sec. 19-4. Form of drilling permit application; permit fee. Sec. 19-5. Notification for drilling permits. Section 4. THAT Chapter19, Section 19-6, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 19-6. Bond required; amounts, conditions. Prior to the issuance of drilling or redrilling permit hereunder, the applicant shall furnish the building official with a bond in the principal sum of seventy-five thousand dollars ($75,000) per drill site. Such bond shall be executed by an insurance company authorized to do business in the state, as surety, and with applicant as principal, naming the city for the benefit of the city conditioned that the permittee will comply with the terms and conditions of this chapter. In addition, the bond will be conditioned that the applicant will promptly pay fines, penalties and other assessments imposed upon applicant by reason of the breach of any of the terms, provisions and conditions of this chapter, and that the applicant will promptly restore to their former condition streets, sidewalks, and other public property which may be damaged in drilling operations; and that the applicant will comply with all fencing, screening and site restoration requirements of this chapter. If at any time the building official should find the applicant's bond to be insufficient for any reason, he may require the applicant to file a new bond. Section 5. THAT Chapter 19, Section 19-8, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 19-8. Insurance required; types, amounts. Prior to issuance of drilling or redrilling permit hereunder, applicant shall furnish the building official with a certificate of insurance showing a valid policy or policies of public liability insurance, covering bodily injuries and property damage. Said insurance shall be written by a company authorized to do business in this state. Such policies shall provide for the following minimum coverage: (1) Bodily injuries and general liability one occurrence: $5,000,000 in an urbanized area. (2) Property damage: $2,500,000 in an urbanized area. (3) Bodily injuries and general liability one occurrence: $2,500,000 in an non- urbanized area. (4) Property damage: $1,000,000 in a non-urbanized area. Section 6. THAT Chapter 19, Section 19-9, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 19-9. Waiver of bond and insurance to financially responsible person. The building official may waive the requirements for surety bond and policies of insurance as required herein as to any drilling or redrilling permittee who is financially responsible and capable of meeting obligations for amounts in excess of ten million dollars ($10,000,000) upon permittee filing with the building official in lieu of any such surety bond or insurance policies a letter of acceptance and indemnity approved by the city attorney, binding and obligating such permittee to abide by the conditions for which surety bond and insurance policies are required as prescribed herein, and agreeing to indemnify and hold the city harmless from any and all liability growing out of or attributable to the granting of any and all permits to such permittee including acts or omissions of the city, its officers, agents, and employees in connection with said drilling permit. Section 7. THAT Chapter 19, Section 19-19, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec. 19-19. Same—Extension of time. Whenever a person holding a drilling permit pursuant to the provisions of this chapter wishes to request an extension of the time within which drilling operations are required to be commenced to a period beyond one hundred eighty (180) days after the effective date of the permit, a request for such extension shall be filed with the building official in writing and be accompanied by a fee in the amount of one hundred twenty-five dollars ($125.00) for each well for which an extension is requested. Such request for an extension shall set forth facts showing good cause for the building official to allow additional time for the commencement of the well. When good cause is shown, the building official shall grant an extension not to exceed an additional one hundred eighty (180) days. Section 8. THAT Chapter19, Section 19-46, of the Code of Ordinances of the City of Beaumont be and it is hereby amended by moving Section 19-46 to Section 19-58 and enacting new Sections 19-46 through 19-58 to read as follows: Sec. 19-46. Permit required and fees for Seismic Testing. It shall be unlawful for any person to conduct seismographic testing within the city without a permit, as set out !below: Seismographic permits(within the city) ... $50.00 plus$100.00 per shot hole on city property where allowed. Sec. 19-47. Review and action on seismic permit application; approval or disapproval of operations. It shall be the responsibility of the building official to review impartially and to approve or disapprove all applications for seismic testing permits. The building official, based upon the criteria established herein,may require the applicant for a permit hereunder to do those things necessary to insure the health, safety, and welfare of the citizens of the city. Items required shall be clearly stated in the permit issued hereunder. The building official is hereby authorized to approve or disapprove the actions of the permittee not otherwise covered by the permit application during the seismic testing and post-testing operations in accordance with the terms of this chapter only.The building official shall issue or deny a permit within thirty (30) days of receipt of a properly completed application for seismic testing. (a) If the building official denies a seismic testing permit, he shall notify the applicant in writing of such denial and the reasons therefor. (b) If the building official grants a seismic testing permit, the permit, in a form as determined by the building official, shall be mailed to the applicant. Sec. 19-48. Form of permit application; permit fee. Each application for a seismic testing permit shall be made in writing to the building official and shall include the following: (a) A map at a scale of 1:200 showing the location of the proposed seismic survey, including cable routes and points of impulse, when applicable. This map shall clearly show city limit, streets and parcel boundaries. (b) A statement of what property the applicant has the right, by reason of ownership or permission of the owner, to pass through and enter for seismic testing purposes. (c) The proposed location, type, kinds, size, and amount of major equipment and a general description and the method of operation of the proposed testing. (d) A statement from a licensed professional engineer who will act as the third party engineer, stating that they will be on the job site during the entire period of testing to monitor peak particle velocity levels and to mitigate any potential damage to public or private property. (e) Each application shall state the depth to which the applicant desires to drill and the size and type of charges that will be used during the course of testing. (f) All required explosive permits issued by the City Fire Marshal. (g) Any other permits required by another other governmental entity. Sec. 19-49. Seismic testing requirements and restrictions. Each seismic testing operation shall be limited to the following restrictions: (a) No point of impulse using an explosive charge shall occur within seven hundred and fifty (750) feet of any aboveground or belowground structure. (b) No point of impulse using an explosive charge shall occurwithin seven hundred and fifty(750)feet of any pipeline without written consent of the pipeline or facility owner. (c) No point of impulse using mechanical vibration (vibratory trucks) shall occur within two hundred and fifty (250) feet of any structure and shall occur only on private property with the expressed, written consent of the property owner of the property containing the mechanical point of impulse. (c) No point of impulse using mechanical vibration (vibratory trucks) shall occur within the city. (d) No point of impulse shall be used on city streets. (e) No point of impulse shall be used on city property without written permission from the Director of Public Works and only if the distance requirements outlined is this section are adhered Ito. (f) Applicant shall obtain written permission from property owners before entering upon or crossing their property. (g) Utilizing third party engineers for monitoring, no structure shall be subject to any peak particle velocity of ground motion in excess of 0.5 inches per second (h) Testing and associated drilling shall occur on week days only (Monday through Friday) between the hours of 6:00 a.m. and 6:00 p.m. No testing, drilling or hauling of equipment shall be allowed at night, on weekends or holidays, recognized as such, by the City of Beaumont. (i) The permittee shall immediately notify the City of any and all complaints of damage. Sec. 19-50. Representative operations supervisor. The applicant or permittee shall designate a competent representative who shall be responsible for the supervision of seismic testing operations and the carrying out of the conditions of any permit. Such representative shall be available at all times during seismic testing operations and shall be the responsible contact agent of the applicant or the permittee whom the building official may require to carry out the provisions of the permit. Sec. 19-51. Notification for seismic testing. (a) Perm ittee shall publish notices in the local newspaper in the manner and order set forth below: (i) 1st Notice - to be published at least three (3) days prior to the start of any seismic testing. Running time - one (1) day. (ii) 2nd Notice - to be published on the day which seismic testing first begins. Running time - one (1) day. (iii) Such work may continue no more than three (3) consecutive working days of non-production. If seismic testing does not occur during this time, another notice must be published on the day such work will restart. Additional notices must be republished to coincide with intermittent work. Running time - one (1) day each occurrence. (iv) Final Notice - to be published when any such seismic testing is approximately fifty percent (50%) complete. Running time - one (1) day. Aforementioned notices shall appear in the classified section under legal notices. The notice shall indicate the scope of operations to be performed and will detail the approximate dates and time(starting and ending)and general location of work to be performed. The City of Beaumont Building Official shall be notified when the notice has been placed with the newspaper and what dates it will be published. (b) Permittee is required to notify the following entities twenty-four(24) hours prior to the start of seismic testing: Fire Department - Fire Marshal (409-880-3905) BLASTING WORK ONLY; Engineering Division (409-880-3725); and All residents abutting test route. If more than three (3) consecutive working days of non-production occur, Permittee must contact the Fire Department twenty-four(24) hours in advance of any blasting to be done after a period of intermittent work. In addition, Permittee is required to notify any and all other entities, directly or indirectly, involved through other permits or agreements. Sec. 19-52. Bond required; amounts, conditions. Prior to the issuance of any seismic permit hereunder,the applicant shall furnish the building official with a performance bond in the principal sum of one hundred thousand dollars ($100,000). The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and bond will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this permit. Such bond shall be executed by an insurance company authorized to do business in the state, as surety, and with applicant as principal, naming the city for the benefit of the city conditioned that the permittee will comply with the terms and conditions of this chapter. In addition, the bond will be conditioned that the applicant will promptly pay fines, penalties and other assessments imposed upon applicant by reason of the breach of any of the terms, provisions and conditions of this chapter, and that the applicant will promptly restore to their former condition streets, sidewalks, and other public property which may be damaged in seismic operations. If at any time the building official should find the applicant's bond to be insufficient for any reason, he may require the applicant to file a new bond. Sec. 19-53. Insurance required; types, amounts. Prior to issuance of any permit hereunder, applicant shall furnish the building official with a certificate of insurance showing a valid policy or policies of public liability insurance, covering bodily injuries and property damage.Said insurance shall be written by a company authorized to do business in this state. Applicant shall provide at least fifteen (15) days written notice to any cancellation or modification of such insurance. Such policies shall provide for the following minimum coverage: (1) Bodily injuries: $300,000 per person, $1,000,000 per incident. (2) Property damage: $1,000,000. Sec. 19-54. Permit transfer approval. All permits granted under this chapter shall be transferable upon approval of the building official, after a determination that all requirements of this chapter are met by the transferee. Sec. 19-55. Lapse of permit—Time; work without permit prohibited. The seismic permit shall become null and void unless the permit is accepted by the applicant in its entirety in writing, filed with the building official within thirty (30) days from the effective date thereof, and no work on such drill site shall be commenced until such permit is issued and accepted. The seismic permit shall become null and void unless seismic testing is commenced within one hundred eighty (180) days of the effective date of the permit. Sec. 19-56. Same—Extension of time. Whenever a person holding a permit pursuant to the provisions of this chapter wishes to request an extension of the time within which seismic testing operations are required to be commenced to a period beyond one hundred eighty (180) days after the effective date of the permit, a request for such extension shall be filed with the building official in writing and be accompanied by a fee in the amount of one hundred twenty-five dollars ($125.00) for each well for which an extension is requested. Such request for an extension shall set forth facts showing good cause for the building official to allow additional time for the commencement of the well. When good cause is shown, the building official shall grant an extension not to exceed an additional one hundred eighty (180) days. Sec. 19-57. Indemnification of city for damages. The permittee shall indemnify and save harmless the city, its officers, agents and employees from any and all claims, causes of action and damages of every kind, for injury to or death to any person and damages to property arising out of the operation under any seismic testing permit and including acts or omissions of the city, its officers, agents, and employees in connection with said seismic permit. Sec. 19-58. Violations; suspension or revocation of permit, appeals. Any permit may be suspended or revoked for any material violation of the conditions of the permit by the permittee or for persistent violation of any law by the permittee in the operation of any such well. The building official shall not revoke any permit without first giving the permittee ten (10) days' written notice of the nature of the violations and of the intention to revoke such permit. Permittee shall at once cease drilling or seismic testing operations after receipt of notice of intent to revoke this permit. If, within such ten (10) day period,the permittee requests a hearing before the building official,the building official shall grant such hearing within fifteen (15) days after the date of such request. At such hearing, evidence shall be presented to establish to the satisfaction of the building official the extent and nature of the violation which constitutes grounds forthe revocation, and permittee shall be given an opportunity to cross-examine all witnesses testifying at such hearing. The permittee shall thereafter be permitted at that hearing, or at a continued hearing, if a continuance is requested by the permittee, to present evidence to disprove or explain such alleged violations. The building official shall thereupon, after hearing all the evidence, determine whether or notthe permit should be revoked,and his determination thereon shall be final. If the building official determines that the permit should be revoked, permittee may appeal the decision of the building official to the construction board of adjustment and appeals in accordance with the ordinances of the city. In the event the construction board of adjustment and appeals determines that said permit should be revoked, permittee shall have recourse to the appropriate courts of this state to review such action by said construction board of adjustment and appeals and the substantial evidence rule shall apply. Section 9. 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 10. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 11. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - 3 April 29, 2008 Consider amending Chapter 26, Article IV of the Code of Ordinances relating to parade permits RICH WITH OPPORTUNITY C T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: April 29, 2008 REQUESTED ACTION: Council consider amendments to Chapter 26, Article IV of the Code of Ordinances related to parade permits. RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 26, Article IV of the Code of Ordinances. BACKGROUND During the review process, it became apparent that Article IV of Chapter 26, related to parades, required additional updating to bring it into accord with current management practices and staff recommendations. Staff review on this article is now complete, and following the plan for updating the Codes, Chapter 26, Article IV is being brought forward for consideration and approval. The remaining chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARY IMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2008 Operating Budget. Chapter 26 TRAFFIC* *Cross references: Regulation of traffic within parks, § 20-6; regulation of operation of railroads, Ch. 22; regulation of operation of vehicles for hire, Ch. 29. State law references: For Uniform Act Regulating Traffic on Highways, see VTCS, Art. 6701 d; for authority of city to regulate, see Arts. 1175(20), 1175b, 6701 d, § 27. ARTICLE IV. PARADES Sec. 26-90. Definitions. As used in this article, the following words and terms shall have the meaning ascribed thereto: Applicant. A person who has filed a written application for a parade permit. Parade. An assembly of three (3) or more persons gathering for the common design of moving in or upon any public street from one location to any other location, whether on foot, on horseback, by mechanical conveyance, or otherwise, as part of a procession, march, pageant, ceremony, or like event. Commercial parade. A parade sponsored other than by a nonprofit organization, the purpose of which is to advertise a product, whether tangible or intangible, to advertise or promote an exhibition or theatrical performance, or otherwise operate to the pecuniary benefit of the sponsor. Parade permit. A written consent or permit to conduct a parade issued pursuant to written application and approval hereunder. Street. The entire width between the boundary lines of every road or way publicly maintained when any part thereof is open to the use of the public for vehicular traffic. Permittee. A person to whom a parade permit has been granted under this article. Chief of Police, Fire Chief, Public Works Director, and City Manager include their designees. (Ord. No. 85-115, § 1, 11-19-85) Sec. 26-91. Parade permit required; exceptions. (a) It shall be unlawful to commence, conduct, aid, or engage in a parade upon any public street without having first secured a parade permit therefor from the chief of police. (b) The following activities shall be exempt from the requirement of a permit hereunder: (1) Funeral processions supervised by a licensed mortuary proceeding by a reasonable route from a funeral home, church, or residence of a deceased to a memorial service or place of interment; (2) Picketing or other peaceful demonstrations at a fixed location that is not a street; (3) Sidewalk processions conducted in accordance with all traffic regulations and other applicable laws and ordinances; (4) Processions, convoys, marches or similar activities conducted by members of the armed forces of the United States or the State of Texas while acting in the regular course and scope of their duties; (5) Processions, convoys, or the like conducted by members of the Beaumont Fire or Police Departments while acting in the regular course and scope of their duties; (6) Wedding processions proceeding by a reasonable route between the residence of a member of the matrimonial party, the place of performance of the matrimonial service, and/or the place of reception or matrimonial celebration; (7) Motorcades escorted by members of the Beaumont Police Department as a part of their assigned duties. (Ord. No. 85-115, § 1, 11-19-85) Sec. 26-92. Application for parade permit. (a) Applications for a parade permit must be filed with the chief of police no less than thirty (30) days prior to the date and time for commencement of such parade. (b) Each application for a parade permit must be made on a form provided for this purpose by the chief of police. (c) Each application for a parade permit shall be signed by the applicant and contain the following information: (1) The name, address, and telephone number of the applicant; (2) The name, address and telephone number of any organization, firm, association, corporation, or other entity on whose behalf application is made; (3) Date and time proposed for commencement of the parade; (4) A statement of the anticipated duration of the parade; (5) A description of the specific parade route listing all streets to be utilized and the direction of flow from the point of commencement to termination; (6) The estimated number of persons to participate in the parade; (7) The estimated number of vehicles, floats, animals, motorized displays and the like to be utilized in the parade; (8) The estimated number of marching units, bands, color guards, drill teams and the like to participate in the parade. (d) If the applicant is acting on behalf of a corporation, association, firm or other organization sponsoring the parade, the application must be accompanied by a letter indicating the organization's sponsorship of such parade and authorizing the applicant to act in its behalf in securing a permit therefor. (e) Upon receipt of an application for a parade permit, the chief of police shall forward a true copy of same to the fire chief and public works director with a request for comments thereon. (Ord. No. 85-115, § 1, 11-19-85) Sec. 264793. Permit fees; d parades; reimbursement of costs. fAr (a) NE) permit fee s than a of parade as de-fiPed hereip, (b) -An application for a permit to conduct a commercial parade shall be accompanied by a nonrefundable permit fee of five hundred dollars ($500.00) to reimburse the city for administrative and cleanup costs incurred as a result of the conduct of such parade. The applicant for a commercial parade permit will also be responsible for police costs, cleanup expenses, and other service costs identified by the city. An estimate of these costs will be provided when the permit is secured. (b) An application for a permit to conduct a non-commercial parade shall be accompanied by a nonrefundable permit fee of two hundred fifty dollars ($250.00) to reimburse the city for administrative costs incurred as a result of the conduct of such parade. Police, cleanup, and other services will be paid by the cit1 • (Ord. No. 85-115, § 1, 11-19-85; Ord. No. 86-112, § 1, 11-4-86) Sec. 26-9394. Standards for issuance; action on application. (ba) The chief of police may, in consultation with the public works director and fire chief, approve an application for a parade permit subject to reasonable terms and conditions relating to the time, place or manner for conduct of the parade, including, but not limited to: (1) The establishment of an alternate time for conduct of the parade; (2) The establishment of an alternate route for conduct of the parade; (3) Reasonable regulations regarding the width and length of the parade. (ab) A parade permit shall either be issued or denied within seven (7) days after the applications therefor being filed with the chief of police. (c) Upon issuance of a parade permit by the city, the Ghief Gf PGliGe shall netify the p6lb"G werks dir !Gter, fiFe Ghief and the Gity maRagerall appropriate departments shall be notified._ aA. d AZI_AoAt_A� A copy of said permit shall be maintained on file for review. (Ord. No. 85-115, § 1, 11-19-85) Sec. 26-=9495. Denial or revocation of permit. (a) It is the policy of the City of Beaumont that the constitutional rights of citizens be fully considered in determining the granting or denying of parade permits and that citizens' rights governing noncommercial parades are different and superior to those governing commercial parades. Therefore, the chief of police shall consider the following in denying, revoking or modifying parade permits: (1) If the information contained in the application for a parade permit is found to be false or incomplete in any material aspect; or (2) If the public peace, health, safety, or welfare will be endangered by the conduct of the parade or that conduct of the same is reasonably likely to engender a riot, civil disturbance, or other public calamity; or (3) Permittee has conducted or is conducting a parade in violation of this article or other applicable laws and ordinances affecting such activity; or (4) If the permittee fails to obey any lawful order of the chief of police, fire chief, or their respective designees, respecting the conduct of the parade, or any term or condition to which the approval of the parade permit is made subject; or (5) If the parade fails to commence within thirty (30) minutes of the appointed time for commencement; or (6) If the conduct of the parade at the time and place or in the manner proposed will substantially disrupt the safe and orderly movement of traffic contiguous to the parade route; or (7) The parade will require diversion of so great a number of police officers that the provision of adequate police service to the remainder of the city will be rendered impossible; or (8) If the concentration of persons, animals, and vehicles at points of assembly and disassembly is reasonably likely to interfere with the provisions of adequate fire, police, and other emergency services to other parts of the city; or (9) Conduct of the parade is reasonably likely to result in harm to persons or property; or (10) If emergency conditions or other exigent circumstances then existing within the city require that the public streets remain open to the free and unencumbered transportation of emergency crews, equipment and materials. (b) In the event of denial or revocation hereunder, the chief of police shall provide, at the time of denial or revocation, such oral or written notice of denial or revocation that is feasible under the circumstances then existing and, in addition, within three days thereafter, shall provide written notice to the permittee or applicant setting forth the specific reasons forming the basis for denial or revocation. Such written notice shall be mailed to the permittee or applicant. (Ord. No. 85-115, § 1, 11-19-85) Sec. 26-9696. Appeal procedure; final decision. (a) Any applicant may appeal the decision of the chief of police to the city council. Such appeal may be accomplished by requesting the city manager, or whoever is acting in his place, to place such appeal upon the agenda of the next available regular council meeting. This shall be done so long as it does not have to be placed on such agenda as an emergency item. If circumstances prevent such appeal from being considered by the city council, then such appeal shall be considered by the city manager or whoever is acting in his place. The decision hereby rendered shall be final. If a decision is not rendered prior to three (3) full days before the commencement of the parade, such failure to act shall conclusively be presumed an approval of the decision of the chief of police. The lack of a decision shall be conclusively presumed an approval of the decision of the chief of police. In the absence of an appeal made in accordance with the procedures above described, the decision of the chief of police shall be final. (b) An appeal from the decision of the chief of police shall include a copy of the application for a permit and a statement of the action complained of. It shall be delivered to the office of the city manager together with applicant's request for an appeal. Such appeal shall not be considered as requested or filed without such material. (Ord. No. 85-115, § 1, 11-19-85) Sec. 26-9697. Interference with parade; driving through parade; parking on parade route. (a) It shall be unlawful for any person to obstruct, impede, or interfere in any form or manner with the progress of any parade or the persons, vehicles or animals comprising the parade from the point of commencement to the point of disassembly. (b) It shall be unlawful for any person to drive through or between the persons, vehicles, or animals comprising a parade from the point of commencement to the point of disassembly. (c) It shall be unlawful to park any vehicle along a public street constituting a portion of the parade route and conspicuously marked as such; in this connection, the chief of police and the public works director are authorized to prohibit or restrict the parking of vehicles as needed along the parade route and to cause the route to be conspicuously marked as such. (d) It shall be a defense to prosecution under the preceding subpart that the place where the vehicle was parked was not conspicuously designated as a parade route at the time of parking. (e) This section shall not apply to any member of the Beaumont Police or Fire Departments acting in the course and scope of their duties in monitoring, regulating and policing parade activity or otherwise. (Ord. No. 85-115, § 1, 11-19-85) Ses. . permit fees; GommeFGial parades; (a) Ma ses ef &6G4- (QrGk NIA 15, § 1, 1 Sec. 26-98. Enforcement. (a) Any person conducting, commencing, aiding or engaging in a parade without a parade permit, or otherwise violating any provision of this article, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). (b) The chief of police, his authorized designee, any officer of the Beaumont Police Department, and the fire chief or his authorized designee are hereby authorized to issue summons and citations, as applicable, for violations of this article. (c) Anyone involved in or participating in a parade without first receiving a permit as outlined herein or after being directed to cease and desist and informed that the parade is unlawful because it is without a permit shall individually be in violation of this article, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). (d) This section shall not apply to members of the police, fire, or public works departments in processing any parade permit application. (Ord. No. 85-115, § 1, 11-19-85) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE IV, BY AMENDING AND RENUMBERING SECTIONS 26-93 THROUGH 26-97 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to conform with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 26, Article IV, Sections 26-93 through 26-97 be and the same are hereby amended to read as follows: Sec. 26-93. Permit fees; reimbursement of costs. a An application for permit to conduct a commercial parade shall be accompanied ( ) PP P P P by a nonrefundable permit fee of five hundred dollars ($500.00) to reimburse the city for administrative and cleanup costs incurred as a result of the conduct of such parade. The applicant for a commercial parade permit will also be responsible for police costs, cleanup expenses, and other service costs identified by the city. An estimate of these costs will be provided when the permit is secured. (b) An application for a permit to conduct a non-commercial parade shall be accompanied by a nonrefundable permit fee of two hundred fifty dollars($250.00)to reimburse the city for administrative costs incurred as a result of the conduct of such parade. Police, cleanup, and other services will be paid by the city. Sec. 26-94. Standards for issuance; action on application. (a) The chief of police may, in consultation with the public works director and fire chief, approve an application for a parade permit subject to reasonable terms and conditions relating to the time, place or manner for conduct of the parade, including, but not limited to: (1) The establishment of an alternate time for conduct of the parade; (2) The establishment of an alternate route for conduct of the parade; (3) Reasonable regulations regarding the width and length of the parade. (b) A parade permit shall either be issued or denied within seven (7) days after the applications therefor being filed with the chief of police. (c) Upon issuance of a parade permit by the city, all appropriate departments shall be notified. A copy of said permit shall be maintained on file for review. Sec. 26-95. Denial or revocation of permit. (a) It is the policy of the City of Beaumont that the constitutional rights of citizens be fully considered in determining the granting or denying of parade permits and that citizens' rights governing noncommercial parades are different and superior to those governing commercial parades. Therefore, the chief of police shall consider the following in denying, revoking or modifying parade permits: (1) If the information contained in the application for a parade permit is found to be false or incomplete in any material aspect; or (2) If the public peace, health, safety, or welfare will be endangered by the conduct of the parade or that conduct of the same is reasonably likely to engender a riot, civil disturbance, or other public calamity; or (3) Permittee has conducted or is conducting a parade in violation of this article or other applicable laws and ordinances affecting such activity; or (4) If the permittee fails to obey any lawful order of the chief of police, fire chief, or their respective designees, respecting the conduct of the parade, or any term or condition to which the approval of the parade permit is made subject; or (5) If the parade fails to commence within thirty (30) minutes of the appointed time for commencement; or (6) If the conduct of the parade at the time and place or in the manner proposed will substantially disrupt the safe and orderly movement of traffic contiguous to the parade route; or (7) The parade will require diversion of so great a number of police officers that the provision of adequate police service to the remainder of the city will be rendered impossible; or (8) If the concentration of persons, animals, and vehicles at points of assembly and disassembly is reasonably likely to interfere with the provisions of adequate fire, police, and other emergency services to other parts of the city; or (9) Conduct of the parade is reasonably likely to result in harm to persons or property, or (10) If emergency conditions or other exigent circumstances then existing within the city require that the public streets remain open to the free and unencumbered transportation of emergency crews, equipment and materials. (b) In the event of denial or revocation hereunder, the chief of police shall provide, at the time of denial or revocation, such oral or written notice of denial or revocation that is feasible under the circumstances then existing and, in addition, within three days thereafter, shall provide written notice to the permittee or applicant setting forth the specific reasons forming the basis for denial or revocation. Such written notice shall be mailed to the permittee or applicant. Sec. 26-96. Appeal procedure; final decision. (a) Any applicant may appeal the decision of the chief of police to the city council. Such appeal may be accomplished by requesting the city manager, or whoever is acting in his place, to place such appeal upon the agenda of the next available regular council meeting. This shall be done so long as it does not have to be placed on such agenda as an emergency item. If circumstances prevent such appeal from being considered by the city council, then such appeal shall be considered by the city manager or whoever is acting in his place. The decision hereby rendered shall be final. If a decision is not rendered prior to three (3) full days before the commencement of the parade, such failure to act shall conclusively be presumed an approval of the decision of the chief of police. The lack of a decision shall be conclusively presumed an approval of the decision of the chief of police. In the absence of an appeal made in accordance with the procedures above described, the decision of the chief of police shall be final. (b) An appeal from the decision of the chief of police shall include a copy of the application for a permit and a statement of the action complained of. It shall be delivered to the office of the city manager together with applicant's request for an appeal. Such appeal shall not be considered as requested or filed without such material. Sec. 26-97. Interference with parade; driving through parade; parking on parade route. (a) It shall be unlawful for any person to obstruct, impede, or interfere in any form or manner with the progress of any parade or the persons, vehicles or animals comprising the parade from the point of commencement to the point of disassembly. (b) It shall be unlawful for any person to drive through or between the persons, vehicles, or animals comprising a parade from the point of commencement to the point of disassembly. (c) It shall be unlawful to park any vehicle along a public street constituting a portion of the parade route and conspicuously marked as such; in this connection,the chief of police and the public works director are authorized to prohibit or restrict the parking of vehicles as needed along the parade route and to cause the route to be conspicuously marked as such. (d) It shall be a defense to prosecution under the preceding subpart that the place where the vehicle was parked was not conspicuously designated as a parade route at the time of parking. (e) This section shall not apply to any member of the Beaumont Police or Fire Departments acting in the course and scope of their duties in monitoring, regulating and policing parade activity or otherwise. Section 2. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 29th day of April, 2008. - Mayor Becky Ames - 4 April 29, 2008 Consider authorizing the City Manager to submit a grant application and execute a contract with the Texas Department of Transportation(TxDOT) to receive funds from the Landscape Cost Sharing Program for the installation of three(3) City gateway signs RICH WITH OPPORTUNITY E , 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 29, 2008 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Texas Department of Transportation(TxDOT)to receive funds from the Landscape Cost Sharing Program for the installation of three(3) City gateway signs. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to submit a grant application and execute a contract with TxDOT to receive funds from the Landscape Cost Sharing Program for the installation of three(3) City gateway signs. BACKGROUND The Texas Transportation Commission supports landscape development of the state highway system right-of-way through cooperative projects with local governments and other groups. To encourage these cooperative projects, the commission created the Landscape Cost Sharing Program. The Program allows local governments and other groups an opportunity to improve the aesthetics of the state highway system by sharing the costs of the landscaping projects with them on an equal basis. The local government or donor must enter into an agreement with TxDOT and contribute 501/o of the cost of the project by providing cash or eligible non-cash contributions. The projects must meet certain TxDOT requirements regarding location, design, construction, and competitive bidding. The City intends to submit an application to TxDOT for the installation of three (3)gateway signs. The masonry gateway signs installed on Highway 69 at Tram Road and at Interstate 10 at Major Drive will be landscaped with trees and shrubs. The estimated cost of the signs is $53,350 each including architectural design, site work, foundation, masonry, landscaping, power, and lighting. The third sign will be installed on Interstate 10 at the Neches River bridge after completion of construction in that area. This location requires a slightly different design and the estimated cost is $53,600. BUDGETARY IMPACT The City's share of the project is 50% of the cost. Funds are available in the Capital Reserve Fund. 8 , y V 1 lllfff ff '� r , - _ t , i 4 5 •� t 1U/10/LGGO lv:nl— 4098bb1745 ARCH. ALLIANCE INC. PAGE 01/01 z � o N 1 F' �l Z � a � • W rl 1 d 4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to submit a grant application and execute a contract with the Texas Department of Transportation (TxDOT)to receive funds from the Landscape Cost Sharing Program for three (3) City gateway signs to be installed at Highway 69 at Tram Roam, Interstate 10 at Major Drive and Interstate 10 at the Neches River bridge. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - 5 April 29,2008 Consider authorizing the City Manager to execute Amendment II of the Interlocal Agreement with Drainage District No. 6 for the Calder Street Project 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 29, 2008 REQUESTED ACTION: Council authorize the City Manager to execute Amendment II of the Interlocal Agreement with Drainage District No. 6 which increases the grant funding amount by $12,469,357 for the Calder Street Project. RECOMMENDATION Administration recommends Council authorize the City Manager to execute Amendment H of the Interlocal Agreement with Drainage District No. 6 which increases the grant funding amount by $12,469,357 for the Calder Street Project. BACKGROUND The Drainage District No. 6 (DD#6) was awarded a grant from the Federal Emergency Management Administration(FEMA)for the Calder Street Project. The grant funds were to construct a drainage system within the Calder Street right-of-way from the Neches River to West Lucas. Since the limits of the drainage project coincided with the City's Calder Street Project, it was mutually agreed upon that the City would design the entire project. In September 2007, the DD#6 and the City executed an interlocal agreement for the Calder Street Project. The interlocal agreement identifies the responsibility of each agency and allows the City to access the FEMA funds through the DD#6. When the agreement was originally executed, the amount of grant funding was $31,553,570 of'which the City would be responsible for twenty-five(25) percent or $7,888,392. Since the execution of the agreement, the cost of materials, particular the concrete boxes, has increased dramatically. DD#6 applied and has received additional grant funding from FEMA, in the amount of$12,469,357, to cover the additional cost of the concrete boxes. The City will be responsible for twenty-five (25) percent or$3,117,339 match of the additional grant funding. BUDGETARY IMPACT The matching funds for the additional grant award are available in the Capital Program. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Amendment II of the Interlocal Agreement with Drainage District No. 6 to increase the grant funding in the amount of$12,469,357 thereby increasing the total grant funding to $44,022,927. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - 6 April 29,2008 Consider approving the purchase of Motorola portable radios for use in the Fire Department RICA WITH OPPORTUNITY BEA,IIMON* T • E • A - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: April 29, 2008 REQUESTED ACTION: Council consider the purchase of Motorola portable radios for the Fire Department. RECOMMENDATION Administration recommends the purchase of seventy(70)Motorola XTS 5000 portable radios from Motorola, Inc. of Houston, Texas through the Houston-Galveston Area Council (H-GAC) in the amount of$271,196. 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 Motorola XTS 5000 radios will provide durability and explosive resistant qualities as well as meeting interoperable communication goals set by the Governors Division of Emergency Management (GDEM). Purchase of these portable radios will allow replacement of current radios where high durability and explosive resistance is required. Radios replaced will be reallocated within the Fire Department and other City Departments. BUDGETARY IMPACT Funds will be provided by the 2007 State Homeland Security Grant Program(SHSP). This grant requires no matching funds from the City. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of seventy (70) Motorola XTS 5000 portable radios for the Fire Department in the amount of $271,196 from Motorola, Inc., Houston, Texas through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - 7 April 29, 2008 Consider approving a contract for the reconstruction of homes damaged by Hurricane Rita utilizing federal grant funds RICK WITH OPPORTUNITY r 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 29, 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 J.W. Turner Construction of Tomball, Texas for a total amount of$212,370. 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 three(3) 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. J.W. Turner Construction was the low bidder on all locations. The bids received are as follows: Award of Reconstruction Contract April 22, 2008 Page 2 Location J.W. Turner J.C. Canterra R.M. Quality Construction 9680 Josey Lazer $70,790 $72,500 $73,963.64 2740 Cable 70,790 72,500 73,963.64 915 Madison 70,790 72,500 73,963.64 TOTAL j $212,370 1 $217,500 $221,890.92 BUDGETARYIMPACT 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. RESOLUTION NO. WHEREAS, bids were solicited for a contract for the reconstruction of owner- occupied housing units damaged by Hurricane Rita; and, WHEREAS, J. W. Turner Construction of Tomball, Texas submitted a bid in the amount of$212,370 for three (3) locations as shown below: Location J.W. Turner 9680 Josey Lazer $70,790 2740 Cable 70,790 915 Madison 70,790 TOTAL $212,370 and, WHEREAS, City Council is of the opinion that the bid submitted by J. W. Turner Construction of Tomball, Texas, in the amount of$212,370 for three(3)locations as shown above should be accepted: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted J. W. Turner Construction of Tomball, Texas, in the amount of $212,370 for three (3) locations as shown above should be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - i S April 29, 2008 Consider approving the purchase of a diesel generator for use in the Water Utilities Department RICH WITH OPPORTUNITY BEA,[IMON* 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 29, 2008 REQUESTED ACTION: Council consider the purchase of a diesel generator. RECOMMENDATION Administration recommends the purchase of one (1) C230D6RT diesel generator for the Water Utilities Department from Cummins Southern Plains of Houston, Texas through the Houston- Galveston Area Council (H-GAC) in the amount of$87,166. 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 C230D6RT diesel generator is portable and will be transported to various sanitary lift stations in the event of a power outage. This generator will be used in conjunction with two existing generators to provide service to the community. Warranty service will be provided by the local dealer. The standard warranty is one (1) year. Delivery will be within ten(10) days. BUDGETARY IMPACT Funds are budgeted in the Water Utilities 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) C230D6RT diesel generator for the Water Utilities Department in the amount of $87,166 from Cummins Southern Plains in Houston, Texas through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - 9 April 29, 2008 Consider approving a bid for the installation of additional lighting at Charlton Pollard Park RICH WITH OPPORTUNITY C 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 29, 2008 REQUESTED ACTION: Council consider the award of a bid for the installation of area lighting at Charlton Pollard Park. RECOMMENDATION Administration recommends the award of a bid for the installation of area lighting at Charlton Pollard Park in the amount of$53,961 to B.K. Mechanical Services Inc., of Silsbee, Texas. BACKGROUND Bids were solicited for furnishing all labor, equipment, and materials for the installation of seven (7) new light pole assemblies at Charlton Pollard Park located at 2025 Sabine Pass Avenue. Each light pole assembly consists of one(1) 35' concrete pole and two (2)400-watt metal halide light fixtures. The new light pole assemblies will be installed on the south side of the park along Mary Street and will match the poles and lights currently installed in the Park. Twelve(12) vendors were notified and the following two (2)bids were received: Contractor Total Bid Completion Time B.K. Mechanical Services, Inc. $ 53,961 180 calendar days Silsbee, Texas A&A Electric 55,425 120 calendar days Beaumont, Texas BUDGETARY IMPACT Funding will be provided from the 2000 Community Development Block Grant Program Year in a line item designated for Charlton-Pollard Park. RESOLUTION NO. WHEREAS, bids were solicited for the furnishing of all labor, equipment, and materials for the installation of seven (7) new light pole assemblies at Charlton Pollard Park located at 2025 Sabine Pass Avenue; and, WHEREAS, B. K. Mechanical Services, Inc., Silsbee, Texas, submitted a bid in the amount of$53,961; and, WHEREAS, City Council is of the opinion that the bid submitted by B. K. Mechanical Services, Inc., Silsbee, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by B. K. Mechanical Services, Inc., Silsbee, Texas, for the furnishing of all labor, equipment, and materials for the installation of seven (7) new light pole assemblies at Charlton Pollard Park located at 2025 Sabine Pass Avenue in the amount of$53,961 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of April, 2008. - Mayor Becky Ames - WORKSESSION * Review and discuss the 2008 HUD Consolidated Grant Program 10 April 29, 2008 Consider a resolution adopting the Consolidated Grant Program's 2008 Annual Action Plan RICH WITH OPPORTUNITY Cr . � 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 29, 2008 REQUESTED ACTION: Council conduct a Workshop to discuss the 2008 HUD Consolidated Grant Program and consider approving a resolution adopting the Consolidated Grant Program's 2008 Annual Action Plan. RECOMMENDATION Administration recommends approval of a resolution adopting the Consolidated Grant Program's 2008 Annual Action Plan. 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, which must, by regulation be forwarded to HUD forty-five (45) days prior to the start of the grant year on July 1, 2008. 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 on February 12, 2008, 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. A Public Hearing was held during the City Council meeting on April 15, 2008, allowing nonprofit agencies to present their funding requests to City Council. The Administration concurs with the CDAC's recommendations which are attached for your review. BUDGETARY IMPACT The preliminary 2008 budget is comprised of Community Development Block Grant funds ($1,785,079), 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 is allocated to the Public Services and Public Facilities and Improvements activities, with $85,000 allocated to the Emergency Shelter Set-a-Side activities. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the Consolidated Grant Program's 2008 Annual Action Plan in the amount of $2,768,009, substantially in the form attached hereto as Exhibits "A" and "B"and made a part hereof for all purposes. 2008 HUD CONSOLIDATED GRANT PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2008 Proposed Budget HOUSING Minor Repair $ 50,000 Funds will be used to repair 3 to 4 homes,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 elderly/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,INCLUDING 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 EXHIBIT "A" HOME AFFORDABLE HOUSING PROGRAM 459,637 Funds will be used to assist nonprofit and/or for-profit developers with the development, aquisition 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,principal mortgage buy downs, site preparation, infrastructure and other eligible costs. Funds will also be used to assist developers with eligible project costs associated with the development and/or rehabilitation of multi-family housing units. DOWN PAYMENT ASSISTANCE PROGRAM 200,000 Funds will be used to assist low to moderate income families who are first-time homebuyers with down payment assistance, closing costs and principal mortgage buydowns. 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 PROPOSED BUDGET $ 2,768,009 I 2008 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Public Facilities&Improvements/Emergency Shelter Set-Aside AMOUNT CDAC ADMINISTRATION CITY COUNCIL ORGANIZATION RE UESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS PUBLIC SERVICES 1 Beamont Community Housing Development Org.(BCHDO) $20,000.00 2 Briggs-Cannon Empowerment Center $15,000.00 $5,000.00 $5,000.00 3 Child Abuse and Forensic Services $20,000.00 $19,000.00 $19,000.00 4 Communities In Schools $30,000.00 $5,000.00 $5,000.00 5 Education and Life Coaching $30,964.00 6 Ellis Academy of Excellence $20,000.00 7 Golden Triangle Real Estate $20,000.00 8 IEA-Inspire,Encourage,Achieve $6,000.00 $6,000.00 $6,000.00 9 Imagine Enterprises $17,848.00 10 It Requires A Village $19,750.00 11 Julie Roger's"Gift of Life"Program $8,500.00 $8,500.00 $8,500.00 12 Nutrition and Services for Seniors $15,355.00 $15,355.00 $15,355.00 13 Outreach Deliverance Church $14,954.00 14 Rape and Suicide Crisis $20,000.00 $5,000.00 $5,000.00 15 RAP-Ready,Able,Persistent $15,550.00 16 Salvation Army Boy's and Girl's Clubs $8,362.00 $8,362.00 $8,362.00 17 Southeast Texas Family Resource Center $20,000.00 $8,000.00 $8,000.00 18 Triangle AIDS Network $11,500.00 $9,783.00 $9,783.00 19 Young Men's Christian Association(YMCA)(memberships) $20,000.00 $5,000.00 $5,000.00 Total Public Services $333,783.00 $95,000.00 $95,000.00 PUBLIC FACILITIES AND IMPROVEMENTS 20 Goodwill Industries of Southeast Texas $8,910.00 21 Modern Urban Concepts $150,000.00 22 Our Mother of Mercy Catholic Church $20,000.00 $10,000.00 $10,000.00 23 Sabine Oaks Home $20,000.00 $20,000.00 $20,000.00 24 Spindletop MHMR Services $18,000.00 Total Public Facilities and Improvements $216,910.00 $30,000.00 $30,000.00 TOTAL PUBLIC SERVICES/PUBLIC FACILITIES& $550,693.00 $125,000.00 $125,000.00 IMPROVEMENTS PUBLIC SERVICES(EMERGENCY SHELTER SET-ASIDE) 25 Boy's Haven(Public Fac.&Imp.) $20,000.00 26 Family Services of Southeast Texas $25,000.00 $10,000.00 $10,000.00 27 Henry's Place,A Program of Someother Place $49,750.00 $10,000.00 $10,000.00 28 The H.O.W.Center $52,332.00 $32,000.00 $32,000.00 29 Salvation Army $25,000.00 $21,000.00 $21,000.00 30 Watt's Home Inc.(Public Fac.&Imp.) $20,000.00 $12,000.00 $12,000.00 TOTAL EMERGENCY SHELTER SET-ASIDE $192,082.00 $85,000.00 $85,000.00 TOTAL AMOUNT REQUESTED FOR ALL FUNDING $742,775.00 $210,000.00 $210,000.00