HomeMy WebLinkAboutPACKET JUL 15 2008 RICH WITH OPPORTUNITY
BEA,11'M'mON*
T • E • X • A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 15, 2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Authorize eminent domain proceedings to acquire property for public use
B) Authorize the City Manager to execute an agreement with the State Firemen's and Fire
Marshal's Association benefitting the Fire Museum of Texas
A
R1ICR WITH OPPORTUNITY
T • E , x . A . s Cit Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 15, 2008
REQUESTED ACTION: Council consider a resolution authorizing eminent domain
proceedings to acquire property for public use.
RECOMMENDATION
The administration recommends authorization to acquire properties in downtown Beaumont by
eminent domain.
BACKGROUND
The property owners listed below have not accepted the appraised value for their properties. All
properties were appraised by Bishop Real Estate Appraisers. Inc.:
1. Lots 1, 2 and 3, Block 20, Van Wormer Addition [805 & 855 Crockett Street]
Appraised Value: $16,000
Owner: Arthur Berry
2. Lots 4 and 5, Block 20, Van Wormer Addition [881 Crockett Street]
Appraised Value: $107,000
Owner: Bruce A. Hamilton
3. C 55'x50' Lot 1, Block 23, Van Wormer Addition [3 10 Holmes Street]
Appraised Value: $4,100
Owner: Zeola Lindsey
4. Lot 6, Block 23, Van Wormer Addition [301-309 ML King Pkwy.]
Appraised Value: $25,000
Owner: Julie M. Washington
5. Lots 1-5 and 8-11, Block 24, Van Wormer Addition
[310-320 Archie, 938 Crockett Street]
Appraised Value: $67,000
Owner: Rick R. Conerly
6. Lots 7 and 8, Block 26, Van Wormer Addition [Crockett& Jefferson Streets]
Appraised Value: $21,000
Owner: Mary Jane Zummo
RESOLUTION NO.
WHEREAS, the City Council of the City of Beaumont deems it necessary that the
following ten (10) parcels of land be acquired for the purpose of locating, constructing, and
maintaining a Downtown Event Center and Lake Park; and,
WHEREAS, the City Council has found that a public necessity exists requiring the
hereinafter described properties appraised by Bishop Real Estate Appraisers, Inc.:
1. Lots 1, 2 and 3, Block 20, Van Wormer Addition [805 & 855 Crockett Street]
Appraised Value: $16,000
Owner: Arthur Berry
2. Lots 4 and 5, Block 20, Van Wormer Addition [881 Crockett Street]
Appraised Value: $107,000
Owner: Bruce A. Hamilton
3. C 55'x50' Lot 1, Block 23, Van Wormer Addition [310 Holmes Street]
Appraised Value: $4,100
Owner: Zeola Lindsey
5. Lot 6, Block 23, Van Wormer Addition [301-309 ML King Pkwy.]
Appraised Value: $25,000
Owner: Julie M. Washington
6. Lots 1-5 and 8-11, Block 24, Van Wormer Addition
[310-320 Archie, 938 Crockett Street]
Appraised Value: $67,000
Owner: Rick R. Conerly
8. Lots 7 and 8, Block 26, Van Wormer Addition [Crockett & Jefferson Streets]
Appraised Value: $21,000
Owner: Mary Jane Zummo
9. Lots 8 and 9; FRC Lot 7, Block 30, Van Wormer Addition [860-886 Bonham]
Appraised Value: $18,000
Owner: Bryan Investments
10. Lots 11 and 12, Block 30, Van Wormer Addition [810 Bonham]
Appraised Value: $3,600
Owner: Johnny M. Smith
and,
WHEREAS, the City Council deems it necessary to acquire the hereinafter
described interests in and to the above described properties for the purpose of locating,
7. Lots 8 and 9; FRC Lot 7, Block 30, Van Wormer Addition [860-886 Bonham]
Appraised Value: $18,000
Owner: Bryan Investments
8. Lots 11 and 12, Block 30, Van Wormer Addition [8 10 Bonham]
Appraised Value: $3,600
Owner: Johnny M. Smith
Acquisition of the above properties are for the purpose of locating, constructing, and maintaining
a Downtown Event Center and Lake Park.
BUDGETARY IMPACT
Funds are available in the Capital Program.
\en _W-ib
3 July 2008
constructing, and maintaining a Downtown Event Center and Lake Park and has found and
determined that said interests in and to the above described land is suited for such
purposes and that it is necessary to acquire same for said purposes; and,
WHEREAS, the City of Beaumont, through its duly authorized representatives, has
negotiated in good faith with the owners of the above described land and has been unable
to agree with such owners of such properties as to the fair market value thereof and
damages, if any, and further negotiations for settlement have become futile and
impossible;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized and directed to file or cause to be
filed against all owners of the parcels of land described above, and all claimants of any
interest therein, proceedings in Eminent Domain to acquire fee simple title for said
purposes, in and to the said parcel of land shown in Exhibit "A" attached hereto and made
a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July,
2008.
- Mayor Becky Ames -
CIA
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RICH WITH OPPORTUNITY
r
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Anne Huff, Fire Chief
MEETING DATE: July 15, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to execute
an agreement with the State Firemen's and Fire Marshal's
Association through January 1, 2012 benefitting the Fire
Museum of Texas.
RECOMMENDATION
Administration requests approval of a resolution authorizing entering into an agreement with the
State Firemen's and Fire Marshal's Association for their endorsement and long term loan of
property to the Fire Museum of Texas.
BACKGROUND
The State Firemen's and Fire Marshal's Association entered into an agreement with the City in
January, 1986 which gave the Association's endorsement to the Fire Museum of Texas as the
official fire museum for the State of Texas, and provided for long term loan of property. The most
current agreement has expired. Administration recommends re-executing the agreement through
January 1, 2012.
BUDGETARY IMPACT
None.
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
WHEREAS, the City of Beaumont, Texas (herein "City"), and the State
Firemen's and Fire Marshals' Association(herein "Association") entered into an
agreement on the 4th day of January, 1986, concerning the establishment of the State Fire
Museum of the State of Texas in Beaumont, Texas, on an interim basis; and
WHEREAS, said State Fire Museum of the State of Texas has been successfully
operated by the City of Beaumont under the terms of such agreement since that time; and
WHEREAS, the Association and the City desire to designate the City of
Beaumont as a location of the State Fire Museum of the State of Texas and outline the
understanding between the Association and the City;
TO THAT END, the parties hereto agree as follows:
WITNESSETH:
I.
The Association hereby designates City as the designated location of"The Fire Museum
of the State of Texas" (herein "Museum") or any reasonable variation of such name and
designates said Museum as the official location of the State Fire Museum of the State of
Texas as duly authorized and approved by the Association. Such Museum shall be
located at Fire Departmefit Headquarters, 400 Walnut Street, Beaumont, Jefferson
County, Texas.
II.
The City, in accordance with the previous agreements between the parties dated in 1986
and 1992, accepted, housed, maintained and cared for the equipment and items listed on
Exhibit"A" attached hereto and made a part hereof for all purposes. The Association
shall place these items on loan at the Fire Museum of Texas. Future donations made to
the Museum will be accepted only in accordance with such accession and collection
policy.
IIl.
City shall, at its sole cost and expense, provide for the routine preservation, maintenance,
repair, security, operation and upkeep of the Museum and the property contained therein.
All improvements, maintenance and repairs shall be performed in a thorough and
competent manner, consistent with standards prevailing for such work, and shall meet
with the approval of the Fire Chief.
IV.
For purposes of managing and operating the Museum and the collection, City shall have
the right to solicit on behalf of the Museum contributions from persons, firms or
corporations, and governmental agencies other than the City. Any monies solicited by
City for those purposes shall belong to City and be used by City in the performance of its
obligations hereunder and otherwise insofar as such use is in connection with the
Museum and its collection and for no other purpose. Additionally, City may accept
donations from non-profit corporations and other such entities under
the same terms and conditions as those set out herein.
V.
Within sixty (60) days after September 30, 2007, and each year thereafter during the term
of this Agreement, City shall submit to Association an annual report covering the
operation of the Museum for the preceding fiscal year ending September 30.
VI.
Subject to appropriation by the City Council of City, City shall, at its sole cost and
expense, furnish water, electricity, natural gas and sewer service to the Museum. The
Association, in keeping with the obligations of its non-profit charter, shall encourage its
membership to support the Museum financially. To that end, the Association may,but
shall not be obligated to, provide capital for the Museum as an allocated portion of the
Association's budget. Any such support received by City shall be used solely for the
performance of City's obligations under this Contract and otherwise only insofar as such
use is in connection with the Museum and its collection and for no other purpose.
VII.
The term of this Contract shall commence on the date of execution of this Contract and
expire thereafter on January 1, 2012. At the termination of Agreement by the City or
SFFMA, the City agrees that it will, upon written request of the Association, immediately
return all SFFMA items, exhibits, properties, and equipment. At termination of
agreement, the Fire Museum agrees to discontinue use of the SFFMA name to endorse
the Museum. The items listed in exhibit"A" accurately reflects SFFMA property housed
at the Fire Museum of Texas in Beaumont Texas. All items have been viewed in
September 2007 by SFFMA Directors. Items have been determined to have been well
taken care of and continue to be exhibited in the Museum.
IN WITNESS HEREOF, the parties hereto have executed this contract in multiple copies,
each of which shall be deemed to be an original, on this the_,I_day of
20o.
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
STATE FIREMEN'S AND FIRE MARSHALS'
ASSOCI N
By:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared KYLE
HAYES, City Manager of the City of Beaumont, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
A.D., 20
Notary Public in and for the State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally
appeared ('hr,q A.can FxPu4i to flat{ of the
State Firemen's and Fire Marshals' Association, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /day of
A.D., 20_x.
5z V.
o ary Public in and for the State of Texas
James M. Nixon
Notary Public
State of Texas
MY C0MMWW Eta 4M
JANUARY 20, 2009
EXHIBIT "A"
Updated List of Equipment
Items Location in Museum:
1856 Howe Hand Drawn Tub Pumper display area- 1 st floor$17,500
1850 Hose Reel display area- I,t floor$3,000
Two Signs -Association logos on outside of building &parking lot $3,350
Wheel Fire Extinguisher unit—Soda-Acid display area - 1 st floor
(two units) & outside display
Wheel Fire Extinguisher unit - CO2 display area- 1 st floor
Wheel Fire Extinguisher unit - Dry display area- 1 st floor
Powder Foam proportioner - red display area- 1 m floor
Red Podium State Room- 1 st floor
Two Flag Poles - American & Texas display area - 1 St floor
SFFMA Past Presidents - Photos State Room
Assorted Photos display areas & State Room
Reel to reel films storage closet - I m floor
Asbestos suit dormitory room closet- 2na floor
Mannequin Fire Safety Activity Center - 2na floor
This revised equipment list accurately reflects SFFMA property housed at the Fire
Museum of Texas in the City of Beaumont as of 5/24/07. List prepared by Susan
Lanning, Director of the Fire Museum at that time.
Carol Gary Date
Executive Director, Fire Museum of Texas
ADDENDUM TO AGREEMENT
The Fire Museum of Texas and its collection is covered by the City of Beaumont's self
insurance policy. The City has a self-insured trust fund from which it pays all liability
claims. The City of Beaumont currently purchases insurance for real and personal
property. All real and personal property are protected by all risk type coverage including
flood. The City of Beaumont has a deductible of$100,000.
IN WITNESS HEREOF, the parties hereto have executed this addendum to the
agreement
on this the day of�ZV 20
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
STATE FIREMEN'S AND FIRE MARSHALS'
ASSOCI 00 N�
By:
ACKNO EDGMENT
STATE OF TEXAS §
COUNTY OF -T-kAVV; §
BEFORE ME, the undersigned authority, on this day personally appeared C
13a,.ron, EXAeoi.ve D�rc+� -,�� h�en)e�sq Ffri
It' to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this��ay of ,4 ,
A.D., 20
o y Public in and for the S ate of Texas
James M.Nixon
! State of Texas
MY C.meNrILM&PL.
'''�» JANUARY 20 2009
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 agreement, effective
July 15, 2008 through January 1, 2012, with the State Firemen's and Fire Marshal's
Association to provide for long-term loan of property to the Fire Museum of Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July,
2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
11EA,[1M0N*
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 15, 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 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a new rental agreement and rental rate schedule for T-hangars
at the Beaumont Municipal Airport
2. Consider approving a contract for the purchase of Sodium Hydroxide for use by
the Water Utilities Department
3. Consider approving a contract for the purchase of fire protective clothing
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:
Scott Lizenby, et al v. City of Beaumont, et al
Gene E. Bates v. the City of Beaumont
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
July 15, 2008
Consider approving a new rental agreement and rental rate schedule for T-hangars at the
Beaumont Municipal Airport
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: July 15, 2008
REQUESTED ACTION: Council consider authorizing new T-hangar rental
agreements and rates.
RECOMMENDATION
The Administration recommends the approval of a new rental agreement and rental rate schedule
for T-hangars at the Beaumont Municipal Airport.
BACKGROUND
The City recently completed the construction of a fourteen (14)unit nested T-Hangar at the
Beaumont Municipal Airport. The recently completed structure is consistent with the two hangar
units currently onsite and include electric powered overhead doors, concrete floors, interior
lighting and electrical outlets. The new T-Hangars, constructed at a cost of$649,500, replaced
the fourteen(14)units destroyed by Hurricane Rita. The cost of the new hangars were funded
from insurance proceeds and FEMA funds.
There are thirty-nine(39) hangars available for rent of which twenty-five (25) are rented and ten
(10) of the fourteen(14) previous renters are scheduled to return. Until the large hangar building
is completed in September, the Fixed Base Operator(FBO)is storing equipment in seven (7) of
the new hangars. In addition, there are more than thirty (30)individuals on a waiting list that will
be notified of hangars as soon as they are available.
The current rental rate of$160 per month was approved by Council in November 1995. The City
maintains the hangars, provides electricity and water service at no additional cost. An increase of
$65 per month is requested based on rental rates at other comparable airports in Texas. Several
airports were surveyed and rental rates ranged from $190 to $250 per month for similar sized
units. Included in the survey was Jefferson County Regional Airport which currently rents
hangars similar in size for $195 per month.
All tenants will be required to enter into a new rental agreement. Currently, payments are made
directly to the FBO and the FBO pays the City for all rents collected. The new agreement will
require that the tenants pay the City directly. Late payment violations can be addressed
immediately with the appropriate late fees assessed.
T-Hangar Rental
July y 11, 2008
Page 2
Additionally, the new agreement will strictly enforce the use of the hangar for aircraft storage.
Other items such as boats, cars and file storage will not be allowed. The new agreement will
prohibit subleasing and assignment of hangars by the current tenants and require the tenant to
provide proof of insurance coverage.
The Airport Fund is subsidized annually by the General Fund. A transfer of funds in the amount
of$50,000 is projected in FY2008. In addition to the cost of constructing the new hangars,
other expenses incurred annually include airport lighting maintenance, liability insurance, mowing,
and building maintenance. Increasing the rental payments assists in offsetting the airport
operating and building costs, thus reducing the transfer of monies from the General Fund.
Rates and the new agreements will be in effect October 1, 2008. A copy of the proposed rental
agreement is attached.
BUDGETARY IMPACT
The proposed rates will result in additional annual revenue of approximately $30,000 which will
be deposited in the Municipal Airport Fund.
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 all necessary
documents for a new rental agreement and rental rate schedule for a lease amount of
$225 per month, effective October 1, 2008, for T-hangars at the Beaumont Municipal
Airport. The agreement is substantially in the form attached hereto as Exhibit "A" and
made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July,
2008.
- Mayor Becky Ames -
AIRCRAFT HANGAR RENTAL AGREEMENT
CITY OF BEAUMONT
BEAUMONT MUNICIPAL AIRPORT
455 KEITH ROAD
BEAUMONT, TEXAS
This HANGAR RENTAL AGREEMENT (this "Agreement") entered into as of this ?
day of 20 ,by and between the City of Beaumont(the"City")
and Company or Owner Name (the "Tenant").
In consideration of the mutual covenants contained here, and for other good and valuable
consideration, the parties hereby agree as follows:
1. Rental of the Hangar: City hereby rents to Tenant, T-Hangar# (the "Hangar"),
located at the Beaumont Municipal Airport,455 Keith Road(the"Airport"), and described
as follows: (see Exhibit "A"). The Hangar shall be used and occupied by Tenant for the
storage of the following described aircraft:
Aircraft Type: Registration No.
Owner and Registration Number information will be verified.
2. Term: The term of this Agreement shall be month-to-month, commencing on the 1"day
of ,20 unless terminated earlier under the terms of the
Agreement. Tenant does hereby acknowledge and consent to the City's right to terminate
this Agreement by giving thirty(30) days written notice if, in the sole judgment of the City,
such termination is necessary or desirable for any reason consistent with the Airport Master
Plan development and/or operational needs of the Airport. City reserves the right to
terminate this agreement for violation of any portion of agreement,including but not limited
-1-
EXHIBIT "A"
to, non-payment and unauthorized use of hangar.
3. Rent and Deposit: Tenant agrees to pay City, as rent for the use and occupancy of the
Hangar,the sum of Two Hundred Twenty-Five Dollars and No Cents ($225.00)per month.
Upon execution, Tenant must pay to the City the first month's rent and a sum equal to the
monthly rental to be held as a Deposit. For the second month and for each monthly term
thereafter,Tenant must pay the City,or its designee,the monthly rental each month payable
in advance, on or before the first (I") day of each month. If that date falls on a Saturday or
Sunday,the monthly rental is due on the next business day. Each month's rent must be paid
on or before the due date to the City of Beaumont, Cash Management Division, City Hall,
Room 100, 801 Main, Beaumont, Texas 77701. If any monthly rental is not paid on or
before the tenth (10`x') day of each month, such payment shall bear interest at ten percent
(10%)per annum.
Tenant's right to possession and all of the City's obligations hereunder are expressly
contingent on the prompt payment of rent. Failure to pay rent on the first day of each month
may result in termination of the agreement. (See Item 6 of this Agreement.)
Upon termination of this Lease, the Deposit paid by Tenant will be applied to any unpaid
rental, the cost to remove and store Tenant's aircraft or personal property, and the cost to
remove and dispose of any trash or debris left on the Leased Premises by Tenant.The Tenant
is liable to the City for any remaining rental due, storage costs, or cost of cleanup in excess
of the amount of the deposit.Any monies from the Deposit remaining will be returned to the
Tenant after keys have been returned to the City and all lawful deducts are made by the City
4. Premises and Services Provided: Tenant agrees to accept all facilities in an "as is"
condition and the City is responsible and will pay the expenses of maintaining and repairing
the structural components of the Hangar including doors and door mechanisms, and the
Tenant shall be responsible for repairing damages to the Hangar caused by the Tenant,other
than normal wear and tear.
-2-
5. Use of Hangar: Hangar shall be used for the storage of Tenant's aircraft for private use.
a) Tenant may not store any other items, goods, or equipment on the rented
premises except those that are necessary for and used in the storage or
routine pre-flight owner maintenance of aircraft. If Tenant uses the Hangar
for"non-aviation"purposes, defined as "not having any airplane or aircraft
stored in said Hangar for ten (10) days" and the City Manager or his/her
agent("Agent")determines that the Rented Premises are needed for aviation
use,to include the storage of aircraft,the City,through its Agent,reserves the
right to terminate the Agreement upon thirty (30) days notice to Tenant.
b) No commercial activity (activity for profit) of any kind shall be conducted
by Tenant, in, from or around the Hangar.
C) No major maintenance or repair of an aircraft shall be performed, however,
such minor maintenance as would normally be performed by an aircraft
owner without the benefit of an aircraft mechanic is permissible. This does
not apply to Tenant using aircraft for business purposes.
d) Under no circumstances,will spray-painting of aircraft or any other property
be allowed in Hangar.
e) Tenant assures that he will not store gasoline and other aviation fuels in
Hangar, other than that fuel stored in the fuel tanks of any operational
aircraft.Tenant shall control the conduct and demeanor of its employees and
invitees and those doing business with it , in and around Hangar and shall
take all necessary steps to remove persons whom the City, for good and
sufficient cause, deem objectionable.
f) Tenant shall keep the Hangar clean and free of debris at all times.
-3-
g) Tenant agrees that it will have installed in T-Hangar and available at all
times, during the term of this agreement, as least one fully charged 2A-ABC
type fire extinguisher.
h) Tenant may not keep an inoperable aircraft on the Leased Premises for more
than sixty(60) consecutive days.
i) Tenant may not make alterations to the Leased Premises or place or permit
the placement of any signs or similar devices on the Leased Premises.
6. Termination:
(a) Either party may terminate this Lease at any time by giving 30 days written
notice to the other party,except as otherwise provided for in this lease. Upon
termination of this Lease for any reason, the Tenant must immediately
remove all personal property from the Leased Premises and must surrender
the Leased Premises in substantially the same condition as existed at the
beginning of the Lease, normal wear and tear excepted. If Tenant fails to
give the thirty (30) days written notice, Tenant will be liable for all rent
accrued through the end of the month at which time the City receives notice
of agreement termination.
(b) If the Tenant fails to pay all or part of the rental as required by this Lease and
the failure continues twenty(20)days past the date the rental is due,the City
may remove or alter Tenant's lock or place a new lock on the Leased
Premises and deny Tenant the right of access thereto until Tenant has paid
the rental due. The City will place a written notice on the front door of the
Leased Premises stating the name, address, and telephone number of the
person from which the new key may be obtained upon payment of the
delinquent rent. If the failure to pay rent continues more than twenty (20)
days past the date the rental is due,the City may immediately terminate this
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Lease by giving notice to Tenant.
(c) In the event of any default due to the non-payment of rent specified in this
contract, the City may take possession of and sell all fixtures, chattels and
personal property of every kind and description now or hereafter to be
placed, installed or stored by tenant on the Leased Premises; said sales may
be made by any manner prescribed by law, with the City crediting the net
proceeds upon any indebtedness due or damage sustained by Airport,without
prejudice, to further claims to arise later under the terms of this Agreement.
(d) Tenant shall comply with all laws, ordinances, and federal regulations and
with any direction of any public officer pursuant to law,which shall impose
any duty on the Tenant with respect to the aircraft or the occupation of the
T-Hangar. In addition, Tenant shall comply with all standards and policies
of the City relating to the Beaumont Municipal Airport or operations on the
airport premises. Tenant and guests must not knowingly allow any other
person to use the Leased Premises in violation of any Federal, State, or
County law or regulation or City ordinance. Failure to comply with all laws,
ordinances,regulations,standards,and policies may result in notice from the
City and subsequent termination of the lease.
(e) Tenant shall maintain a valid airworthiness certificate on the aircraft stored
in the T-Hangar in conformity with FAA regulation 91.203. Any Tenant
whose annual inspection of said aircraft is three (3)months past due shall be
deemed in breach of this rental agreement. Upon such occurrence, this
agreement shall automatically terminate. Tenant grants the City, or its
designee,the authority to enter the T-Hangar and remove the aircraft and all
property belonging to the Tenant.
7. Sublease/Assignment: Tenant shall not assign this lease nor sublet the Leased Premises.
In the event a Tenant sells the aircraft being stored in the Leased Premises,the Tenant shall
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notify the City within three (3) working days that the sale has occurred. The Tenant has
sixty (60) days following the sale to provide the City with information regarding a
replacement aircraft. Should the Tenant fail to provide information regarding a replacement
aircraft, for any reason, the lease shall terminate and the City shall take possession of the
Hangar. The vacated Hangar will be offered for lease to individuals on the waiting list
maintained by the City.
8. Right of Inspection: Tenant shall permit the City and the City's agents, representative
or employees to enter into or on the Leased Premises at all times for the purpose of
inspecting the Leased Premises. Tenant will be given forty-eight(48)hours written notice
in advance of inspection date. Tenant may be present during inspection. The City reserves
the right to enter T-Hangar at any reasonable hour to make inspections,replacements,repairs
and restorations. If, in the opinion of the City, an emergency exists requiring immediate
action, the City may enter the T-Hangar to carry out any work or activities in connection
with safety, protection or preservation of the T-Hangar or aircraft stored within.
9. Alterations: Tenant covenants and agrees not to install any fixtures or make any
alterations, additions or improvements to the Hangar without the prior written approval of
the City and such approval will not be unreasonably withheld. All fixtures installed or
additions and improvements made to the Hangar shall upon completion of such additions and
improvements,become the City's property and shall remain in the Hangar at the termination
of this Agreement, how ever terminated, without compensation or payment to Tenant.
10. Insurance: Tenant agrees to maintain, at its own expense, for the benefit of itself and
the City as an additional insured,liability insurance for property damage or personal injury
or death arising as a result of Tenant's occupation of the Leased Premises:
Amounts
$250,000.00 For each person
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$500,000.00 For each single occurrence for bodily injury
or death
$100,000.00 For injury to or destruction of property for
each single occurrence
within the damage limits of Section 101.023(c) of the Texas Civil Practice and Remedies
Code, with one or more insurance companies authorized to transact business in Texas and
approved by the City. This insurance shall be "occurrence" based. Prior to the
commencement of this Agreement, Tenant shall deliver to the City certificates or binders
evidencing the existence ofthe insurance required herein. Such policy or policies shall name
both Tenant and the City as insureds. The policy or policies shall provide that any loss or
damages to buildings,structures or improvements shall be payable to the City of Beaumont.
11. Casualty: In the event the Hangar or the means of access thereto shall be damaged by
any cause, the rent payable hereunder shall not abate, provided that the Hangar is not
untenantable,as determined by the City's Building Official, and the rent shall abate for the
period during which such repairs are being made, provided the damage was not caused by
the acts of omission of Tenant, its employees,agents or invitees in which case the rent shall
not abate. If the Hangar is rendered untenantable and the City elects not to repair the
Hangar, this Agreement shall terminate.
12. Indemnity: Tenant agrees to indemnify and hold the City, its officers and employees,
harmless from and against any and all claims, demands costs and expenses, including
reasonable attorney's fees for the defense of such claims and demands arising from the
conduct or management of the Tenant's activities on the Leased Premises or from any act
of negligence of Tenant, its agents, contractors,licensees or invitees in or about the Leased
Premises, whether such damage or injury arises from the acts of omission of Tenant, its
agents, contractors, licensees or invitees solely or in conjunction with any other person,
including the City.
13. Force Majeure: The City shall not be liable for its failure to perform this Agreement
or any loss, injury,damage or delay of any nature whatsoever resulting therefrom caused by
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I
an Act of God, fire,flood,accident, strike,labor dispute,riot,insurrection, war or any other
cause beyond the City's control.
14. Governing Law: This Agreement shall be construed in accordance with the laws of the
State of Texas. Venue of any disputes shall be in a court of competent jurisdiction in
Jefferson County, Texas.
15. Relationship of Parties:The relationship between the City and Tenant shall always and
only be that of the City and Tenant. Tenant shall never, at any time during the term of this
Agreement, become the agent of the City and the City shall not be responsible for the acts
of omission of Tenant, its employees or agents.
16. Remedies Cumulative: The rights and remedies, with respect to any of the terms and
conditions of this agreement, shall be cumulative and not exclusive,and shall be in addition
to all other rights and remedies available to either party at law or in equity.
17. Notices: Any notice given by one party to the other in connection with this Agreement
shall be in writing and shall be sent by certified or registered mail,return receipt requested:
a. If to the City, addressed to:
Capital Projects Manager
Public Works Department
P.O. Box 3827
Beaumont, TX 77704
b. If to Tenant, addressed to:
Tenant:
Address:
City:
State: Zip Code:
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Notices shall be deemed to have been received on the date of receipt,as shown on the return
receipt.
Each Tenant shall provide the following additional contact information:
Home Phone: Cell Phone:
Work Phone: Fax Number:
E-mail address:
Billing address, if different from above:
City:
State: ZIP
18. Integration: This Agreement constitutes the entire Agreement between the parties, as
of its effective date, and supersedes all prior independent agreements between the parties
related to the leasing of the Hangar. Any change or modification hereof must be in writing,
signed by both parties.
19. Waiver: The waiver by either party of any covenant or condition of this Agreement
shall not thereafter preclude such party from demanding performance in accordance with the
terms hereof.
20. Successors Bound: This Agreement shall be binding on and shall inure to the benefit
of heirs, legal representatives, successors and assigns of the parties hereto.
21. Severability: If a provision hereof shall be finally declared void or illegal by any court
or administrative agency having jurisdiction over the parties to this Agreement, the entire
Agreement shall not be void, but the remaining provisions shall continue in effect as nearly
as possible in accordance with the original intent of parties.
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year written
below.
By:
Kyle Hayes, City Manager
Date:
Tenant:
Printed Name
By:
Signature
Date:
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BEAUMONT MUNICIPAL AIRPORT
T-HANGARS
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2
July 15, 2008
Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water
Utilities Department
RICH 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: July 15, 2008
REQUESTED ACTION: Council consider authorizing the award of a contract for the
purchase of Sodium Hydroxide.
RECOMMENDATION
The Administration recommends the award of a contract to Simply Aquatics, Inc., of Kirbyville,
Texas, in the amount of$199,000.
BACKGROUND
Bids were requested for a three(3) month contract to supply Sodium Hydroxide for use by the
Water Utilities Department to purify the City's water supply.
The contract is to furnish Sodium Hydroxide to the Water Utilities Department at the fixed unit
rate of$995 per ton. The previous vendor was FSTI of Manor, Texas, at a price of$556.25 per
ton. The Water Utilities Department expects to purchase two hundred (200)tons during the three
(3) month contract.
Bid tabulations are as follows:
Vendor Unit Price Total Price
Per Ton 200 Tons
Simply Aquatics, Inc $995 $199,000
Kirbyville, TX
Old World Industries $1,077.08 $215,416
Northbrook, IL
EFInc, $1,125.68 $225,136
X
Contract for the purchase of Sodium Hydroxide
July 15, 2008
Page 2
BUDGETARY IMPACT
Funds are available for this expenditure in the Water Utilities Department operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for a three (3) month contract for the purchase of
200 gallons of Sodium Hydroxide for use by the Water Utilities Department to purify the
City's water supply; and,
WHEREAS, Simply Aquatics, Inc. of Kirbyville, Texas, submitted a bid at the fixed
unit rate of$995 per ton for a total cost of$199,000; and;
WHEREAS, City Council is of the opinion that the bid submitted by Simply Aquatics,
Inc. of Kirbyville, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Simply Aquatics, Inc. of Kirbyville, Texas, for the purchase of
200 gallons of Sodium Hydroxide at the fixed unit rate of $995 per ton for a total cost of
$199,000 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July,
2008.
- Mayor Becky Ames -
3
July 15, 2008
Consider approving a contract for the purchase of fire protective clothing
RICH 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: July 15, 2008
REQUESTED ACTION: Council consider authorizing the award of a contract for the
purchase of fire protective clothing.
RECOMMENDATION
Administration recommends the award of a contract to Fuego International, LLC of Austin,
Texas, in the estimated annual amount of$131,740.
BACKGROUND
The Fire Department has wear-tested several brands of fire protective clothing and has determined
that the Morning Pride Manufacturers line offers ease of movement and excellent protection for
fire fighters. The clothing is made of fire retardant materials to provide protection from burns and
exposure to hazardous chemicals during fire fighting operations. The materials are also blood-
borne pathogen resistant.
Estimated annual cost is based on the purchase of seventy(70) sets of protective clothing. This
estimated quantity may be increased or decreased according to the needs of the department.
During the past year, seventy-two (72) sets of protective clothing were purchased for$1,846.43
per set from Fuego International, LLC of Austin, Texas, for a total of$132,942.96.
Bids were solicited from seven(7) authorized Morning Pride distributors. Three (3) bidders
responded with Fuego International, LLC being the low bidder with a price of$1,882 per
set.
Contract for Purchase of Fire Protective Clothing
July, 15, 2008
Page 2
Bid tab is as follows:
VENDOR EST QTY PROTECTIVE CLOTHING SETS TOTAL
(COAT, PANT, &SUSPENDERS) PRICE
FUEGO INTERNATIONAL,LLC 70 $1,882/SET $131,740
AUSTIN,TX
TUPELO FIRE EQUIPMENT 70 $2,894.65/SET $202,625.50
TUPELO,MS
TOTAL FIRE GROUP 70 $3,341.64/SET $233,914.80
DAYTON,OH
BUDGETARY IMPACT
Funds are available in the Fire Department's operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for a contract for the purchase of fire protective
clothing for firefighters; and,
WHEREAS, Fuego International, LLC of Austin, Texas, submitted a bid for an
estimated quantity of 70 sets at $1,882 per set for an estimated annual cost of$131,740;
and;
WHEREAS, City Council is of the opinion that the bid submitted by Fuego
International, LLC of Austin, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Fuego International, LLC of Austin, Texas, for the purchase of
an estimated quantity of 70 sets of fire protective clothing for firefighters at $1,882 per set
for an estimated annual cost of$131,740 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July,
2008.
- Mayor Becky Ames -