Loading...
HomeMy WebLinkAboutPACKET SEP 29 2009 RICH WITH OPPORTUNITY BEA,UMON* T - E - X - A - 3 REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER SEPTEMBER 29, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Connie Berry would be reappointed to the Community Development Advisory Committee. The current term would expire September 12, 2011. (Councilmember?Nancy Beaulieu) Deloris Comeaux Guidry would be reappointed to the Community Development Advisory Committee. The current term would expire July 10, 2011. (Mayor Pro Tem Gethrel Williams- Wright) Miranda Leblanc would be appointed to the Convention and Tourism Advisory Board. The term would commence September 29, 2009 and expire September 28, 2011. (Mayor Pro Tem Gethrel Williams-Wright) Judy Linsley would be reappointed to the Historic Landmark Commission(Historian). The current term would expire September 10, 2011. (Mayor Becky Ames) Dr. Barbara Perrot would be appointed to the Historic Landmark Commission. The term would commence September 29, 2009 and expire September 28, 2011. (Mayor Pro Tem Gethrel Williams-Wright) Paula Blazek would be reappointed to the Historic Landmark Commission. The current term would expire July 23, 2011. (Councilmember W. L. Pate, Jr.) Paula Blazek would be appointed as Chairman of the Historic Landmark Commission. The term would commence September 29, 2009 and expire September 28, 2010. (Mayor Becky Ames) Ralph Jordan would be appointed as Vice-Chairman of the Historic Landmark Commission. The term would commence September 29, 2009 and expire September 28, 2010. (Mayor Becky Ames) Myra Clay would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire October 12, 2010. (Mayor Becky Ames) Carl Briggs would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire July 10, 2011. (Councilmember Jamie D. Smith) Steven D. Johnson would be appointed to the Planning and Zoning Commission. The term would commence September 29, 2009 and expire September 28, 2012. (Mayor Becky Ames) A) Approve Change Order No. 1 and final payment for the Block 59 Downtown Brick Paved Sidewalk Project B) Authorize the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont-Emergency Medical Services Division and Lamar State College- Orange C) Authorize the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont-Emergency Medical Services Division and San Jacinto College A RICH WITH OPPORTUNITY BEAUMON* 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: September 29, 2009 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No.l and final payment for the Block 59 Downtown Brick Paved Sidewalk Project. RECOMMENDATION Administration recommends approval of Change Order No. 1, in the amount of($17,139.49), for adjusting estimated construction quantities to match quantities actually used during the performance of the project and to authorize final payment in the amount of$29,620.38 to Norman Highway Constructors, Inc. BACKGROUND On July 29, 2008, City Council awarded Norman Highway Constructors, Inc. the contract for the Block 59 Brick Paved Sidewalks Project for the amount of$568,047.02. The project is located in the block bounded by Park, Fannin, Neches, and Bowie Streets. Due to a decrease in the construction quantities, Change Order No. 1 in the amount of($17,139.49) is required to adjust the estimated quantities during the performance of the project decreasing the contract amount to $550,907.53. The MBE participation in the performance of the contract totals $122,883.00. Representing 22.3% of the final contract amount. A copy of Schedule C identifying the MBE participation is attached. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. BUDGETARY IMPACT Funds are available in the Capital Program. CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION p'ot's-- ,JO."5-4k s:de. ks �orr-+an 41; 02h &ns ncc�rs . - •he- 5(D9jo1-7 .ate NAME CERTIFIED MBE CONTRACTOR ADDRESS TYPE OF WORK AGREED PRICE o. Bq_ 2--°�-1 rLleJr',,-A � �� � 1 q �- L G�e�IG� nh�a����b "11 COL 1 G,�vti2rG` (IS The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE. 1. This schedule should be submitted with your bid. SIGNATURE TITLE Addendum#S 33b i CITY OF BEAUMONT DATE: September 23,2009 PROJECT: BLOCK 59 DOWNTOWN BRICK PAVED SIDEWALKS PROJECT OWNER: CITY OF BEAUMONT CONTRACTOR: NORMAN HIGHWAY CONSTRUCTORS,INC. CHANGE ORDER NO.: 1 (FINAL) THE FOLLOWING CHANGES IN THE PLANS ANWOR SPECIFICATIONS ARE HEREBY MADE: Adjust the Estimated Quantities to reflect the Actual Quantities used in completing the project. ORIGINAL CONTRACT AMOUNT: $568,047.02 NET FROM PREVIOUS CHANGE ORDERS: $568,047.02 TOTAL AMOUNT OF THIS CHANGE ORDER: ($17,139.49) PERCENT OF THIS CHANGE ORDER: (3.02%) TOTAL PERCENT CHANGE TO DATE: (3.02%) NEW CONTRACT AMOUNT: $550,907.53 CONTRACT TIMES IS NOT AFFECTED BY THIS CHANGE ORDER ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBERT,P.E. CITY ENGINEER THOMAS A.WARNER,P.E. DIRECTOR OF PUBLIC WORKS KYLE HAYES,CITY MANAGER ATTESTED BY: TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on July 29, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-217 awarding a contract in the amount of $568,047.02 to Norman Highway Constructors, Inc., for the Brick Paved Sidewalks Project for the downtown block bounded by Park Street, Fannin Street, Neches Street and Bowie Street; WHEREAS,Change Order No. 1 in the amount of($17,139.49)is required to adjust estimated construction quantities to match quantities actually used,thereby decreasing the contract amount to $550,907.53; and WHEREAS, the project has been inspected and completed in accordance with the terms and conditions of the contract and 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 Change Order No. 1 in the amount of ($17,139.49), thereby decreasing the contract amount to $550,907.53. i BE IT FURTHER RESOLVED THAT the completed Brick Paved Sidewalks Project for the downtown block bounded by Park, Fannin, Neches and Bowie Streets be and the same is hereby accepted. BE ITALSO RESOLVED THATthe City Manager is hereby authorized to make final payment in the amount of$29,620.38 to Norman Highway Constructors, Inc. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of September, 2009. - Mayor Becky Ames - B RICH WITH OPPORTUNITY BEAUMON*', . T- • E • x. • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager Ingrid'd Holmes r=� PREPARED BY: , Public Health Directo MEETING DATE: September 29, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary for the affiliation agreement between between The City of Beaumont EMS and Lamar State College-Orange. RECOMMENDATION Administration recommends Council approval. BACKGROUND The City of Beaumont EMS Division would like to enter into an agreement with Lamar State College Orange-Emergency Medical Services to provide an opportunity for students of the college to utilize The City of Beaumont EMS for the sole purpose of clinical rotation and for educational purposes under the direct supervision of The City of Beaumont EMS Division. Lamar State College-Orange will assume all responsibilities and insurance for the students under this agreement. BUDGETARY IMPACT None. AFFILIATION AGREEMENT AN AGREEMENT FOR THE USE OF CLINICAL FACILITIES FOR THE EDUCATION OF EMERGENCY MEDICAL SERVICES CREDIT COURSE STUDENTS between LAMAR STATE COLLEGE - ORANGE and CITY OF BEAUMONT EMS 2009 - 2010 J I AFFILIATION AGREEMENT EMERGENCY MEDICAL SERVICES PROGRAM The following Affiliation Agreement is entered into between Lamar State College - Orange,Orange, Texas, for and on behalf of the Emergency Medical Services Program, hereinafter referred to as "College", and City of Beaumont EMS hereinafter referred to as "Clinical Affiliate," on behalf of"College" students enrolled in the Emergency Medical Services Program. It is agreed by both parties to be of mutual interest to give students an opportunity to utilize the hospital as a clinical facility for educational purposes. The "College" and "Clinical Affiliate" agree to accept the responsibilities and duties stated herein. 1. It is mutually agreed by the "Clinical Affiliate" and the "College"that the educational program and curricula of the Emergency Medical Services Program is and shall be the responsibility of, and shall be carried out under the direction of personnel of the "College." 2. It is mutually agreed that clinical experiences and supervision for students enrolled in the Emergency Medical Services Program will be provided at "Clinical Affiliate," by the "College." 3. It is mutually agreed that the "College"will select and assign learning experiences for students, and will further provide for teaching, evaluation, overall supervision, and record keeping of students. "Clinical Affiliate" instructors will adhere to policies as agreed upon by the two parties and will monitor students' adherence to policies mutually agreed upon. 4. It is mutually agreed that "College"and "Clinical Affiliate" do not, and will not discriminate against any student, employee or applicant for participation in the learning experience because of race, religion, sex, color, creed, marital status, age or national origin. 5. It is mutually agreed that the period of assignment, and the number and distribution of students among divisions of the "Clinical Affiliate"will be determined by representatives of the "College" and "Clinical Affiliate." b. It is mutually agreed that representatives of the "College" and "Clinical Affiliate" shall meet regularly to discuss issues of mutual concern, and to make such suggestions and changes as are needed. Both parties will share information pertinent to the Affiliation Agreement. II To carry out these general areas of agreement, the "College" is responsible for and agrees to: 1. Protect the health and safety of all parties by: a. Requiring student to obtain professional liability insurance of no less that $1,000,000 per occurrence and in the aggregate and to provide"Clinical Affiliate"proof of such insurance: b. Requiring an annual health and physical examination at no cost to "Clinical Affiliate"; C. Requiring compliance with Center for Disease Control, Texas Department of State Health Services, and "Clinical Affiliate" rules as regarding health, safety, dress, and conduct and d. Providing, or otherwise arranging for, faculty and student orientation to "Clinical Affiliate," its major policies, rules and regulations. 2. Make arrangements with the Medical Director, and specified designates, for clinical learning experiences needed for students prior to each semester. The "College" representative will provide these parties with: a. Name(s)of students; b. Name(s) of faculty; C. Dates, days, times of clinical learning experience as previously agreed upon (in I, S.). I Arrange for clinical personnel to participate in evaluation of student performance. 4. Make the individual student responsible for equipment damaged or broken due to the student's negligence 5. Make the individual student responsible for their own health needs including emergency care or follow-up in any accidents (i.e. needle sticks) at the clinical sites. 6. Assure that each instructor and student signs an agreement(see Attachment A, incorporated herein by reference) which states that "Clinical Affiliate" has the absolute right and responsibility to terminate an individual's clinical rotation at "Clinical Affiliate" based on attitude and behavior. Such right of"Clinical Affiliate" is not negotiable or subject to discussion. Withdrawal from "Clinical Affiliate" of a student or faculty of the "College" may be requested by"Clinical Affiliate.""Clinical Affiliate"has the right to remove a student from participation under this agreement with or without cause. 7. Make the following affirmations to ensure Fair Labor Standards Act requirements are met: • The special regulations in the Fair Labor Standards Act covering "student- learners" enrolled in a bona fide technical program are applicable to Program students; • The"College" is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award associate of arts, associate of science, associate of applied science degrees and certificates of completion; • No hourly compensation is applicable to the student-learner while in the Program in the learning experience at"Clinical Affiliate's " site and • A student is not considered an employee of"Clinical Affiliate," and not eligible for Workers' Compensation. 8. Assure confidentiality of patient and "Clinical Affiliate"matters by: • Instructing faculty and students to maintain the confidentiality of patient and "Clinical Affiliate" information and records: • Assuring each student and faculty member execute a confidentiality agreement(Attachment A, incorporated herein by reference) before beginning rotation at "Clinical Affiliate" and • Agreeing that any breach of confidentiality will result in the immediate expulsion from "Clinical Affiliate" of the person(s) responsible for the breach and may result in termination of the entire affiliation. I III The "Clinical Affiliate" is responsible for, and agrees to: 1. Permit the use of clinical facilities by students enrolled in the Emergency Medical Services Program for the purpose of clinical education. 2. Maintain approval by the appropriate state and/or properly designated accrediting body, and inform the "College" of any changes in that approval. 3. Inform the"College" and participate in joint planning, prior to accepting Emergency Medical Services students from any other institutions. 4. Provide to the extent possible, conference rooms for student counseling, and locker rooms or other secure space for students to store coats, books, etc., while on duty. 5. Allow students and faculty access to, and use of, facilities maintained by the "Clinical Affiliate" following its specific policies, fees or charges, such as Library and Cafeteria. 6. Charge no fees for clinical laboratory experience. 7. Collaborate with Emergency Medical Services educators to influence curricula, including clinical and/or managerial learning experiences, when "Clinical Affiliate" provides clinical facilities for the Emergency Medical Services education program. S. Assist in evaluating student performance. ANNUAL REVIEW OF AFFILIATION AGREEMENT between LSC-O EMERGENCY MEDICAL SERVICES CREDIT COURSE PROGRAM and CITY OF BEAUMONT EMS The Affiliation Agreement existing between City of Beaumont EMS and the Emergency Medical Services Program has been thoroughly reviewed. The terms of agreement continue to be satisfactory. FOR THE COLLEGE: FOR THE CLINICAL AFFILIATE: LSC-O President Chief Administrator Director of Allied Health Date Completed Emergency Medical Services Course Coordinator Date Completed I IV TERMS OF AGREEMENT: Only insofar as it is authorized by law to do so, the"College" agrees to hold the "Clinical Affiliate"harmless from and against any and all liability for personal injury, including injury resulting in death, or damage to property, or both, resulting directly or indirectly from the use by the College of the "Clinical Affiliate's" clinical facility. Nothing in this Affiliation Agreement is to be construed as transferring financial responsibility from one parry to another. The terms of this Agreement may be modified upon mutual consent of the parties, Plans to initiate termination of the Agreement may be instituted by either party upon no less than six (6)months written notice by mail. The plans for termination must include specific procedures to assure that there will be no adverse affect to the rights and privileges of students actually enrolled in the program, as long as they are making normal progress toward completion. Annual review of the Agreement will be made. FOR THE COLLEGE: FOR THE CLINICAL AFFILIATE: LSC-O President Chief Administrator Director of Allied Health Emer ency Medical Services Program Course Coordinator Date Completed Date Completed TTACHMENT"A' STATEMENT OF AGREEMENT AND UNDERSTANDING a(select one) [ ] student [] faculty member of the Emergency Medical Services Program at Lamar State College-Orange ("College"), as a condition of participation in the clinical rotation at City of Beaumont EMS, ("Clinical Affiliate" ), agree as follows: Attitude and Behavior: I understand and agree that, based on unacceptable attitude and/or behavior, "Clinical Affiliate"has the absolute right and responsibility to terminate my clinical rotation. I understand and agree that"Clinical Affiliate's" right is not negotiable or subject to discussion. Confidentiality: I shall maintain the confidentiality of and shall not disclose any information relating to patients or the "Clinical Affiliate."I understand and agree that any breach in confidentiality will result in my immediate expulsion form the clinical rotation at "Clinical Affiliate." Signature: Printed name: Date: 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 documents necessary to enter into an affiliation agreement between the City of Beaumont EMS Division and Lamar State College - Orange for the sole purpose of clinical rotation and educational purposes under the supervision of the EMS Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of September, 2009. - Mayor Becky Ames - I� C RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Directorlt MEETING DATE: September 29, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary for the affiliation agreement between The City of Beaumont EMS and San Jacinto College. RECOMMENDATION Administration recommends Council approval. BACKGROUND The City ofBeaumont EMS Division would like to enter into an agreement with San Jacinto College Emergency Medical Services to provide an opportunity for students of the college to utilize The City of Beaumont EMS for the sole purpose of clinical rotation and for educational purposes under the direct supervision of The City of Beaumont EMS Division. San Jacinto College will assume all responsibilities and insurance for the students under this agreement. BUDGETARY IMPACT None. SAN JACINTO ' COLLEGE Your Goals. Your College. STUDENT AFFILIATION AGREEMENT BETWEEN BEAUMONT EMERGENCY MEDICAL SERVICES AND SAN JACINTO COMMUNITY COLLEGE DISTRICT This Agreement is executed on the I st day of August,2009,between SAN JACINTO COMMUNITY COLLEGE DISTRICT,for and on behalf of its Central Campus (SJCC),Department of Emergency Medical Technology,hereinafter referred to as"COLLEGE" in this Agreement, and BEAUMONT EMERGENCY MEDICAL SERVICES,hereinafter referred to as"FACILITY" in this Agreement, WITNESSETH: WHEREAS, it is agreed by the parties to be of mutual interest and advantage that the students and faculty of the COLLEGE be given the opportunity to utilize the office/clinic of the FACILITY as a practice laboratory and for educational purposes: NOW,"THEREFORE,in consideration of the foregoing and of the mutual covenant and premises hereinafter contained,the parties agree as follows: I. The FACILITY will permit students of the COLLEGE to study the fields specified in Exhibit A under the indirect supervision and responsibility of the faculty member(s)of the COLLEGE specified on Exhibit A. The individual faculty members will be responsible to the liaison person designated by the FACILITY for the activities of the students. 2. The FACILITY retains the right to request the removal of any student or faculty member from the hospital unit, in FACILITY'S sole discretion,and COLLEGE shall comply with such request. 3. The number and distribution of students between the divisions of the FACILITY and their activities will be mutually agreed upon between the COLLEGE and the FACILITY at the beginning of each semester. 4. The period of assignment of students to the FACILITY shall be during regular COLLEGE academic sessions,except in the instance of special arrangements,such as workshop participants. 5. The COLLEGE will provide the FACILITY with the name of the students who are entitled to use the resources of the FACILITY under the terms of this Agreement. 6. The COLLEGE will not discriminate against any applicant for enrollment in its course of study because of race,color,creed,national origin or handicap. 7. The FACILITY shall appoint an office/clinic liaison from the doctor's office to which students are assigned. The COLLEGE-designated member of its faculty to serve as a liaison is specified on Exhibit A. These representatives of the COLLEGE and FACILITY shall meet as often as necessary to implement the terms of this Agreement and make such suggestions and changes as needed. 8060 Spencer Hwy.•Pasadena.TX 77505 An equal opportunity institution wwvi.sanjac.edu 8. The COLLEGE will procure and maintain throughout the term of this Agreement, professional liability insurance in minimum amounts of One Million Dollars ($1,000,000.00)per occurrence or per claim and Three Million Dollars($3,000,000.00)in the aggregate for its faculty members and students assigned to the FACILITY which shall cover all their activities at the FACILITY. The COLLEGE shall provide the FACILITY with Certificates of Insurance evidencing said coverage and any renewals thereof at the commencement and upon the renewal,of this Agreement. COLLEGE shall notify FACILITY at least thirty(30)days in advance of any proposed cancellation or change in said coverage. 9. It is mutually understood and agreed that all faculty,students and other personnel furnished by COLLEGE pursuant to this Agreement are independent contractors with respect to FACILITY. It is expressly agreed that no faculty member,student or other person furnished,employed, or selected by COLLEGE shall for any reason be deemed to be an employee,agent,ostensible or apparent agent,or servant or borrowed servant of FACILTY, and that faculty members and students shall instead be considered the employees or agents of COLLEGE which shall be solely responsible for their activities. 10. COLLEGE personnel, faculty and students will be subject to the rules and regulations established by the FACILITY including those for the division of the FACILITY to which they are assigned, and it is agreed: A. the FACILITY will charge the COLLEGE no fees for practice opportunities afforded students; B. students will be responsible for their own meals, laundry,and transportation to and from the FACILITY; C. COLLEGE shall inform students and faculty of their obligation to comply with all applicable state and federal laws,rules and regulations; D. the FACILITY will not be charged for services performed by COLLEGE personnel or students. E. COLLEGE shall assign only those students who have satisfactorily completed those portions of the COLLEGE'S curriculum that are a prerequisite to Program participation. 11. The FACILITY shall not be liable on account of injury, sickness,disease,or death of any student,personnel,or faculty member using the resources of the FACILITY under the terms of this Agreement. 12. The salaries and expenses of any instructors,supervisors,or other employees of the COLLEGE will be paid by the COLLEGE. The COLLEGE agrees that members of its faculty will serve as consultants and on committees of the FACILITY when requested by the FACILITY. 13. The FACILITY further agrees as follows: A. to strive to maintain the criteria for accreditation as established by appropriate accrediting agencies. This Agreement is effective only under the condition that both the College and Facility maintain current accreditation by all appropriate accrediting entities as required under state and federal law. In the event that either party loses its accreditation,this Agreement shall terminate immediately; B. to provide the COLLEGE the necessary space for facilities for conference and classroom areas for student teaching,as available; C. to provide lounge and locker space for students,as available; 2 D. to allow students and faculty members of the COLLEGE to utilize the FACILITY'S eating facilities at the student's and faculty's sole expense; F. to plan jointly with all programs involved,when the FACILITY'S resources are utilized for clinical training by groups other than the COLLEGE. 14. NOTICE. Service of all notices under this Agreement shall be sufficient if mailed to the party involved at its respective address set forth herein,by certified or registered mail,return receipt requested. Notice shall be effective when deposited in the United States mail,postage prepaid,addressed to the appropriate party as follows: COLLEGE: FACILITY: San Jacinto Community College District Beaumont Emergency Medical Services Chancellor Director of Public Health 4624 Fairmont Parkway, Suite 200 2870 Laurel Pasadena,Texas 77504 Beaumont,Texas 77702 COPY TO: San Jacinto Community College Central Campus President 8060 Spencer Highway Pasadena, Texas 77505 15. This Agreement shall not be amended,altered,or changed except by a written Agreement signed by both parties hereto. 16. Neither party may assign any rights or obligations under this Agreement without prior written consent of the other party to the Assignment. 17. HIPAA. The parties agree that: A. the Facility is a covered entity for purposes of the Health Insurance Portability and Accountability Act(HIPAA)and subject to 45 CFR Parts 160 and 164 ("the HIPAA Privacy Regulation"); B. to the extent that College students are participating in the Program[and College faculty members are providing supervision at the Facility as part of the Program],such students [and faculty members]shall: I. be considered part of the Facility's workforce for HIPAA compliance purposes in accordance with 45 CFR§164.103,but shall not be construed to be employees of the Facility; 2. receive training by the Facility on,and subject to compliance with, all of Facility's privacy policies adopted pursuant to the Regulations;and 3. not disclose any Protected Health Information,as that term is defined by 45 CFR§160.103,to College which a student accessed through Program participation [or a faculty member accessed through the provision of supervision at the Facility]that has not first been de- identified as provided in 45 CFR §164.514(a); 3 C. College will never access or request to access any Protected Health Information held or collected by or on behalf of the Facility,from a student [or faculty member)who is acting as a part of the Facility's workforce as set forth in Section 15(b)of this Agreement or any other source,that has not first been de- identified as provided in 45 CFR §164.514(a);and D. no services are being provided to the Facility by the College pursuant to this agreement and therefore this agreement does not create a"business associate" relationship as that term is defined in 45 CFR§160.103. 18. Governing Law. This Agreement shall be governed by,and construed and enforced in accordance with the laws of the State of Texas. 19. This Agreement and amendments thereto shall be in writing and executed in multiple copies by COLLEGE and Facility. Each multiple copy shall be deemed an original,but all multiple copies together shall constitute one and the same instrument. 20. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter hereof,and supersedes all proposals or prior Agreements,oral or written,and all other communications,oral or written. 21. This Agreement shall be in effect from August 1,2009 to July 31,2014. Either party may terminate this Agreement for any reason by giving the other party one hundred twenty (120) days written notice. Upon breach of this Agreement, the non-breaching party may terminate by giving thirty (30) days written notice to the breaching party. Upon termination of this Agreement, as provided herein, neither party shall have any further obligation hereunder except for (i) obligations accruing prior to the date of termination and (ii) obligations, promises, or covenants contained herein which are expressly made to extend beyond the Term of this Agreement, including, without limitation, confidentiality of information, indemnities, and offers to employees. No termination as provided herein, however, shall be effective with regard to students previously enrolled in a clinical education experience until such students have completed their respective courses of study. 22. FERPA. For purposes of this Agreement, pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), the SCHOOL hereby designates the HOSPITAL as a school official with a legitimate educational interest in the educational records of the Students who participate in the Program to the extent that access to the records are required by the HOSPITAL to carry out the Program. HOSPITAL agrees to maintain the confidentiality of the educational records in accordance with the provisions of FERPA. i �l EXECUTED by the parties on the day and year above first written. COLLEGE FACILITY SAN JACINTO COMMUNITY BEAUMONT EMERGENCY COLLEGE DISTRICT MEDICAL SERVICES 8060 Spencer Highway 2870 Laurel P. O. Box 2007 Beaumont,Texas 77702 Pasadena,Texas 77501-2007 Dr. Brenda Lang Hellyer Ingrid Holmes Chancellor Director of Public Health Dr. H.Neil Matkin, Ed.D.,President Kyle Hayes San Jacinto College Central City Manager EXHIBIT A STUDENT AFFILIATION AGREEMENT I. The Facility is _Beaumont Emergency Medical Services 2. College is San Jacinto College District 1 The College designated Faculty member with supervision responsibility,as provided in paragraph 1, is __Joseph Hamilton__ 4. The Facility liaison for the EMS is Ingrid Holmes 5. The number of students enrolled in the program shall be_one to two students per shift 6. The time period of the program shall be from August 1,2009 to July 31,2014 7. The student activities shall consist of the following: Performing Emergency Medical Technician (EMT)-Basic,EMT-Intermediate,and EMT-Paramedic learning obiectives under supervision of Emergency Medical Services personnel._ 8. The insurance carrier for the College, its students and faculty representatives is: Bill Beaty, 13140 Coit Rd., Suite 510 Dallas Texas 75240 9. Insurance policy number: _ ABC 2000917 9-1-09 to 9-1-10 I 6 j I I 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 documents necessary to enter into an affiliation agreement between the City of Beaumont EMS Division and San Jacinto College for the sole purpose of clinical rotation and educational purposes under the supervision of the EMS Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of September, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,UMON* T - E - X - A - 3 REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER SEPTEMBER 29, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 5-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a massage therapist in an RCR-H(Residential Conservation and Revitalization-H)District at 290 N. 10" Street 2. Consider a request for a specific use permit to allow a paint and body shop in a GC-MD(General Commercial-Multiple Family Dwelling-2)District at 1297 e Street 3. Consider a request for a specific use permit to allow a coin operated laundry in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 1067 Colorado 4. Consider a request for an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3522 Washington Boulevard 5. Consider adopting an ordinance granting a public utility franchise to Centerpoint Energy Texas Gas Operations to operate a gas utility within the City of Beaumont 6. Consider approving a resolution to write-off uncollectible delinquent accounts 7. Consider accepting grant funding from the Federal Emergency Management Agency (FEMA)Hazard Mitigation Grant Program for a new generator at the Emergency Operation Center/911 Communication Center PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program 1. 620 Adams(Storage Shed) 46. 3550 Pradice 2. 3995 Adilade 47. 1798 Prairie(Garage) 3. 1110 Amarillo (Garage) 48. 3435 Quinn(Garage) 4. 1650 Avenue A(Garage& Storage Bldg) 49. 5225 '/z Roberts (Bam) 5. 1647 Avenue H(Garage) 50. 2652 Sabine Pass Ave 6. 2035 Brooklyn 51. 870 Sherman 7. 2595 Brooklyn 52. 2320 Sonny Perkins 8. 2580-82 Calder(Commercial) 53. 3657 St. James Blvd. 9. 4770 Carnegie(Garage) 54. 645 Sunnyside Drive 10. 11675 Carpenter Road 55. 2780 Tannis and Shed 11. 3149 Case 56. 3285 N. 10'h St. (Gang) 12. 940 Church and Garage 57. 2195 Terrell Ave& Gar 13. 5465 Cole Road and Shed 58. 2565 Texas and Auxiliary 14. 5475 Cole Road and Shed 59. 985-87 3Td Street 15. 3545 Corley 60. 695 Threadneedle (Gang) 16. 3029 W. Crockett 61. 1835 Threadneedle 17. 3179 W. Crockett 62. 1811 Tilson(Metal Shed) 18. 3145 Dorothy Avenue(Storage Building 63. 1140 Van Buren& Garg 19. 1125 Doucette Avenue(Garage) 64. 1410 Van Buren 20. 1350 Doucette Avenue(Garage) 65. 1420 Van Buren 21. 1640 Earl 66. 1665 Victoria(Garage) 22. 1433 Emile(Garage) 67. 2830 Victoria(Garage) 23. 1435 Emile 68. 805 W. Virginia 24. 2415 Euclid (Garage and Shed) 69. 2818 Waco 25. 830 Fulton(Garage and Shed) 70. 4095 Willie Mae(Garg) 26. 1157 Georgia Avenue 27. 1780 Gladys(Garage/Shed) 28. 5915 Greenmoor Lane 29. 910 Harriot and Rear Shed 30. 2185 Hemlock(Shed) 31. 2285 Hemlock and Shed 32. 1066 Isla 33. 415 Jackson 34. 1307 Laurel 35. 490 Lethia(Carport) 36. 11640 Loop Road (Garage&Rear Shed) 37. 2222 North 38. 2545 North(Garage Apartment) 39. 2740 Palestine 40. 825 Porter 41. 995 Porter 42. 2045 Potts and Shed 43. 2440 Potts (Rear Auxiliary Building) 44. 2450 Potts 45. 3540-42 Pradice 1 September 29, 2009 Consider a request for a specific use permit to allow a massage therapist in an RCR-H (Residential Conservation and Revitalization-H)District at 290 N. 10th Street i I RICH WITH OPPORTUNITY 1117LAiti 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: September 29, 2009 REQUESTED ACTION: Council to consider a request for a specific use permit to allow a massage therapist in an RCR-H (Residential Conservation and Revitalization-H)District at 290 N. 10`h Street. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: • Provide one disabled parking stall as per Texas Accessibility regulations. • Re-stripe the parking lot to orient parking spaces as per site plan. BACKGROUND Jennifer Lofton has applied for a specific use permit. In 2005, City Council granted a specific use permit at this address to allow a photography and media services business. At that time, approval was granted subject to the applicant providing one disabled parking stall as per Texas Accessibility regulations and paving the parking lot with brushed or aggregate concrete, hot mix asphalt or masonry pavers. In addition, the landscaping/screening requirements along the east property line and the west side of the parking lot were waived. A recent inspection of the subject property shows that the parking area was paved but the disabled parking stall was not installed. Ms. Lofton states that her business will operate 3 p.m. - 8 p.m., Tuesday through Friday and 9 a.m. - 5 p.m. on Saturday. She will be the only employee. An owner identification sign that meets the Historic District guidelines will be placed on the building. At a Joint Public Hearing held September 21, 2009, the Planning Commission recommended approval 9:0 of a specific use permit to allow a massage therapist in an RCR-H District at 290 N. 10`h Street subject to the following conditions: • Provide one disabled parking stall as per Texas Accessibility regulations. • Re-stripe the parking lot to orient parking spaces as per site plan. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MASSAGE THERAPIST BUSINESS IN AN RCR-H (RESIDENTIAL CONSERVATION AND REVITALIZATION-H) DISTRICT LOCATED AT 290 N. 10TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Jennifer Lofton to allow a massage therapist business in an RCR-H (Residential Conservation and Revitalization-H) District located at 290 N. 10th, being Lot 13, Block 47, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.15 acres, more I or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the i hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a massage therapist business in an RCR-H (Residential Conservation and Revitalization-H) District located at 290 N. 10th, being Lot 13, Block 47, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.15 acres, more or less, as shown on Exhibit"A" attached hereto and made a part hereof for all purposes, is hereby granted to Jennifer Lofton, her legal representatives, successors and assigns, subject to the following conditions: • Provide one disabled parking stall as per Texas Accessibility regulations. • Re-stripe the parking lot to orient parking spaces as per site plan. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of September, 2009. - Mayor Becky Ames - I File 1998-P: Requestfor a specific use permit to allow a massage therapist in an RCR-H (Residential Conservation and Revitalization-H)District. Location: 290 N. 101hStreet Applicant: Jennifer Lofton 0 50 100 200 Feet l i I I Legend s. 1998P 6 Xt )+Y iJ3 Yom! FY k Cyq` 'K. . r 'GC=MD a RCM M LIBERTY AVE CA •LN'"i�r 5�{{A pS.. a P k LAUREL ST X % ,� z .-1 O � r " � w,��i Y, �• RGR-H s� ,c,;� F A =' �q,,s a �• .£,.;.���,•Baas+ R H = N �j Cn 'fir r. xr EYY VJq _ RM=H RM!H. EXHIBIT "A" H ° eu � L a. SOW f%Pc z l� 1• _ 7- r 0J "CL V � Q y � a a 407— PWq s � a C a ` n( FP Ya r"L, LING• �' " t°. a� 2t.l1 4 v a a 203 u � � ag' �G.3r 1 � h •D Z S t Pt 1%hR rc,c �/dt E—'' r Pt D Z 1 L L H o�E v *Approval sirbject to the fo1lowing conditio us: w� 1, Provide one disabled parkhig stall,as per Texas Accessibility ;V 1 ti r/J G, I Ji regulations. (Traffic Manager) �l�21f->ly,-e,, C L 1 ; 1'. '4 2• Pave the parting Iot with brushed or aggregate concrete,hot mix asphalt or alai sonny pavers. (Planning Manager) H J ��-��GU f C- 3. Modify IAtidsrApif gtreaUjiLg-r--equirements along the east property 4:116110-or LO{-1auftgg ape strip) and the west side of the ( ,tJ LL-'t p-arTatglbt(do if1*d' -eland'6 strip)of the subject property. -A, SVRYf ©F [OT S J� t�47 4'1 VC lL L b UMiSTI T" EFFEP-SON r-OUN'Y'Y, 7 XAS EXHIBIT 1/ 11 B Solr t_A 2b 7,4NL (?r 14 g'L KOHLER 6 KLit{I..ER £HGINEEFU b SURVEYORS k 2 September 29,2009 Consider a request for a specific use permit to allow a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling-2) District at 1297 41' Street I i RICH WITH OPPORTUNITY r Ic A►11 1�1 0 11 T 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: September 29, 2009 REQUESTED ACTION: Council to consider a request for a specific use permit to allow a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling-2) District at 1297 4`h Street. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: • An 8' tall wood screening fence shall be installed along the east property line. • A minimum of five parking spaces shall be provided on the subject property. • All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress. • No spray painting may be done except in a building or room specially designed for that purpose. • All other auto repairing, etc., shall be conducted within a building enclosed on at least three sides. • The paint and body shop shall meet all state and federal environmental requirements. • The new paint and body shop must be setback a minimum of fifteen feet from the side property line on Blanchette or get a variance to the setback requirement from the Board of Adjustment. • The parking lot must meet the landscaping requirements on the 4`h St. and Blanchette St. sides. • Construct sidewalks along the entire frontage of 4" Street and with a waiver of the 10' wide landscape strip along the east property line. BACKGROUND George Randle, Jr. has applied for a specific use permit. Mr. Randle proposes to construct a new 1570 sq. ft. ± building that will be used for a body and paint shop. An existing storage shed at the rear of the property will be demolished. Mr. Randle states that the existing building at the front of the property will be used for the storage of supplies. The business will be open 8 a.m. - 5 p.m., Monday through Friday. There will be three employees working at the business. Signage for the business will be installed on the building. Mr. Randle proposes to build the new paint and body shop on an existing slab. The building that was there has been demolished. The slab is approximately two feet from the side property line. A fifteen foot building setback is required. At a Joint Public Hearing held September 21, 2009, the Planning Commission recommended approval 9:0 of a specific use permit to allow a paint and body shop in a GC-MD District at 1297 4`h Street subject to the following conditions: • An 8' tall wood screening fence shall be installed along the east property line. • A minimum of five parking spaces shall be provided on the subject property. • All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress. No spray painting may be done except in a building or room specially designed for that purpose. • All other auto repairing, etc., shall be conducted within a building enclosed on at least three sides. • The paint and body shop shall meet all state and federal environmental requirements. • The new paint and body shop must be setback a minimum of fifteen feet from the side property line on Blanchette or get a variance to the setback requirement from the Board of Adjustment. • The parking lot must meet the landscaping requirements on the 4`h St. and Blanchette St. sides. • Construct sidewalks along the entire frontage of 4`h Street and with a waiver of the 10' wide landscape strip along the east property line. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PAINT AND BODY SHOP IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 1297 4TH STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to George Randle, Jr., to allow a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 1297 4th Street, being Lots 7-9, Block 1, Cartwright Addition, City of Beaumont, Jefferson County, Texas, containing 0.48 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a paint and body shop in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 1297 4th Street, being Lots 7-9, Block 1, Cartwright Addition, City of Beaumont, Jefferson County, Texas, containing 0.48 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to George Randle,Jr., his legal representatives,successors and assigns, subject to the following conditions: • an 8' tall wood screening fence shall be installed along the east property line; • a minimum of five parking spaces shall be provided on the subject property; • all body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress; • no spray painting may be done except in a building or room specially designed for that purpose; • all other auto repairing, etc., shall be conducted within a building enclosed on at least three sides; • the paint and body shop shall meet all state and federal environmental requirements; • the new paint and body shop must be setback a minimum of fifteen feet from the side property line on Blanchette or get a variance to the setback requirement from the Board of Adjustment; • the parking lot must meet the landscaping requirements on the 4th Street and Blanchette Street sides; • construct sidewalks along the entire frontage of 4' Street; and with a waiver of the 10' wide landscape strip along the east property line. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subjectto all ofthe applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of September, 2009. - Mayor Becky Ames - File 20 1-P: Request for a specific use permit to allow a paint and body shop in a GC-MID General Commercial Multiple Family Dwelling)District Location: 1297 41h Street Applicant: George Randle,Jr. 0 50 100 200 Feet i I I 7 ct t c --l—Le-gend S RM-H ® 2001P r 1 LI ¢ � F FRANKLIN ST � r �5 0�'M� i3k�"tps � k��r'E�• � a�'r{ '}� �. „'4"�' RM-N >A j� v � GC=MD RM-H n Z a RM-H CA RM-H z: p fu " y i 3� kY WRV,> > w* N BLANCHETTE ST f - - " �aC r�y kr1 d - �4 as Y i s y4� � 'pe7 Y tyT' �G V a rive r r ` .rt 't�if s ..z< ✓�*kk �?'•�+�� �.��'�,�}.�. � 4� �1-Z`�l a'% { s }• �u ,� 4 � RM=H . _ c Rti1-H af t ,.r ♦ k � ti"�+'w�.°. try ,�� ��' :fiilnr�i�"`� ¢�- •. r Ste ✓y i s rts�r 'a-'�`{dt i' 7`"R^ EXHIBIT "A" * Approval subject to the following conditions: • An 8' tall wood screening fence shall be installed along the east property line. • A minimum of five parking spaces shall be provided on the subject property. W • All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress. O • No spray painting may be done except in a building or room specially designed for that purpose. • All other auto repairing,etc.,shall be conducted within a building enclosed on at least three sides. • The paint and body shop shall meet all state and federal environmental requirements. U o ca • The new paint and body shop must be setback a minimum of fifteen feet from the side U property line on Blanchette or get a variance to the setback requirement from the Board of Adjustment. • The parking lot must meet the landscaping requirements on the 4`h St.and Blanchette St. c sides. • Construct sidewalks along the entire frontage of 4`s Street Rom and with a waiver of the 10'wide landscape strip along the east property line. RI aa� 00 u ai 1338iS R13ONVIA �. - N A'OC A'OG 0'OG Z / W H _l ~ m a A3TWAS ffm EXHIBIT "B" 3 September 29,2009 Consider a request for a specific use permit to allow a coin operated laundry in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 1067 Colorado RICH WITH OPPORTUNITY r [IEA, ( 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: September 29, 2009 REQUESTED ACTION: Council to consider a request for a specific use permit to allow a coin operated laundry in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District at 1067 Colorado. RECOMMENDATION The Administration recommends approval of the specific use permit subject to the following conditions: • The coin operated laundry shall be in full compliance with the landscaping and screening requirements including a six foot wide landscape strip must be installed along the Colorado Avenue frontage of the parking lot and interior landscape islands in the parking lot. • A sidewalk shall be installed along Colorado. BACKGROUND W. L. Hunter has applied for a specific use permit. Mr. Hunter states that the laundry will cater to Lamar students that live in the area. Initial plans call for the 2,400 sq. ft. building to include fourteen top load washing machines and twelve dryers. The building has room for an additional twelve washing machines and approximately seven dryers. Mr. Hunter says that the laundry's hours of operation will be from 8 a.m. to 9 p.m., seven days a week. The number of employees for the facility will include one person during the day shift and one person during the night shift. The only sign identifying the business will be the attached sign on the building itself. At a Joint Public Hearing held September 21, 2009, the Planning Commission recommended approval 9:0 of a specific use permit to allow a coin operated laundry in a GC-MD-2 District at 1067 Colorado subject to the following conditions: • The coin operated laundry shall be in full compliance with the landscaping and screening requirements including a six foot wide landscape strip must be installed along the Colorado Avenue frontage of the parking lot and interior landscape islands in the parking lot. • A sidewalk shall be installed along Colorado. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COIN OPERATED LAUNDRY IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED AT 1067 COLORADO IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Blupesh Patel to allow a coin operated laundry in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1067 Colorado, being Lots 21- 22, Block 1, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a coin operated laundry in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1067 Colorado, being Lots 21- 22, Block 1, Lamar Addition, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Blupesh Patel, his legal representatives, successors and i assigns, subject to the following conditions: • The coin operated laundry shall be in full compliance with the landscaping and screening requirements including a six foot wide landscape strip must be installed along the Colorado Avenue frontage of the parking lot and interior landscape islands in the parking lot. • A sidewalk shall be installed along Colorado. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit"B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto,the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of September, 2009. - Mayor Becky Ames - I III ' • � i � • i �• �i i � i i i �• • � i i i � Legend 000• NN-Si r � ?�l��".rl x Vy�r , b Ct ;�i�.r e� 'c� t ?s• h� I s r ,� � Rs y i�t^ a 1� '`6 - r�� w1le .z& ✓�' M ,yC 4C' i q'r , � '7� �K�� 1<""7w :jtY��rx k -'.*t,. Ct) �S a`'��1a'��'�`� ,,Gmr�` �},�S','��s•e'�r i`�fi� f �,":n ��+p'a'��"'�' I!y� 'r y � �.' iE • r - yr+r S � MV r �t, �gG�:n, I I LAUNDRY -BLQG._ .. 40'X60' M X CD .......... ....... � I § . j I *Approval subject to the following conditions: COIN LAUNDRY • The coin operated laundry shall be in full compliance with the landscaping and screening 1 067 COLORADO AVE requirements including a six foot wide landscape strip must be installed along the Colorado Avenue frontage of the parking lot and interior landscape islands in the parking lot. • A sidewalk shall be installed along Colorado. I 4 September 29,2009 Consider a request for an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Family Dwelling)District at 3522 Washington Boulevard i i I RICH WITH OPPORTUNITY I'Lm Al 11 1�1 C1 I T 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: September 29, 2009 REQUESTED ACTION: Council to consider a request for an amended specific use permit to allow the expansion of a funeral home in a GC- MD (General Commercial-Multiple Family Dwelling) District at 3522 Washington Boulevard. RECOMMENDATION The Administration recommends approval of the amended specific use permit subject to the following conditions: • Drainage plans for the new parking lot must comply with City specifications. • Extend the screening fence along 9`h Street to the most northern end of the parking lot. • The construction will be in full compliance with all city codes and ordinances, including the provision of sidewalks along Washington. BACKGROUND Reverend Walter J. Proctor has applied for an amended specific use permit. Reverend Proctor states that since opening in 1999, the need for more space has grown. The mortuary is a 24-hour operation with two full time office persons and ten part-time persons that help with services. Office hours are 9 a.m. to 5 p.m., Monday through Friday and Saturday and Sunday by appointment. The proposed improvements include a 9,375 sq. ft. mortuary, a 3,875 sq. ft. preparation room and garage and additional parking. At a Joint Public Hearing held September 21, 2009, the Planning Commission recommended approval 8:0:1 of an amended specific use permit to allow the expansion of a funeral home in a GC-MD District at 3522 Washington Boulevard subject to the following conditions: • Drainage plans for the new parking lot must comply with City specifications. • Extend the screening fence along 9" Street to the most northern end of the parking lot. • The construction will be in full compliance with all city codes and ordinances, including the provision of sidewalks along Washington. BUDGETARY IMPACT None. I� ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO PROCTOR'S MORTUARY TO ALLOW THE EXPANSION OF A FUNERAL HOME IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICTAT 3522 WASHINGTON BOULEVARD. WHEREAS, on December 7, 1999, City Council approved Ordinance No. 99-96 issuing a specific use permit to Reverend Walter J. Proctor and Lashon D. Proctor to allow a mortuary in a GC-MD (General Commercial - Multiple Family Dwelling) District located at 3522 Washington Boulevard, Beaumont, Jefferson County, Texas; and, WHEREAS, the applicant, Proctor's Mortuary, wishes to amend the specific use permit to allow the expansion of a funeral home in a GC-MD(General Commercial-Multiple Family Dwelling) District at 3522 Washington, being Tracts 3, 4 and 12, Block 26, Cartwright and Roberts "A" Subdivision, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 1.38 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3522 Washington; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance 99-96 be amended by amending the specific use permit granted to Reverend Walter J. Proctor and Lashon D. Proctor, their legal representatives, successors, and assigns for that certain tract shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow the expansion of a funeral home at 3522 Washington, subject to the following conditions: • Drainage plans for the new parking lot must comply with City specifications. • Extend the screening fence along 9" Street to the most northern end of the parking lot. • The construction will be in full compliance with all city codes and ordinances, including the provision of sidewalks along Washington. Section 2. Notwithstanding the site plan attached hereto as Exhibit"B",the use of the property herein above described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 99-96 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of September, 2009. - Mayor Becky Ames - I File 1999- : Request for an amended specific use permit to allow the expansion of a funeral home in a GC-MD (General Commercial-Multiple Family Dwelling)District. Location: 3522 Washington Applicant: Proctor's Mortuary 0 50 100 200 Feet Legend AV NA I i I I 3 i 3 A kt G 5 �n+ r r L xUg 5 1 a uk#�!i��z �-4iii`�,���2333�2 ��, .,,.����.fi��� �i ',� Eh �n�rn,�,{ �,�, l�� � '�ir44•�c• WASHINGTON BLVDx 4G r �'- a,.a 3.i-�. 3 , + �,,p•t.`^JI'�,�<�.c"�`t 1� ��; Y"ttt r�,� � 1G1 y„y.��ikG �k y _ r r� � � �'` ,''�a N y-Y'r F� a'. �+ f o-�v'' d r<i 1 �y, r 2xr 'r.. ti ,fir r i ��,,;•, � c'a;. � .. "a t �; � y>�•'a� �{-n3,"t j�e. rki�ka#}.r:kS� �s.�r y,.,'3.� y ''�z� 1.'jai,r�� ,tr •t„ J �rx � d�., '',gip ,c �:z.,+�i ! '� p' i#2 ".�?',5.. `�^ �'Y�'..,�•r+�fi� '� 3� � `�"; ':. .-.: �*5 F � .X. 7r r#�"�^ }" �Yr•�. �. ,..$a -r n-,. �irh Il .h.2 -,L�S•�ti�f .� �.K`+} §x''74 � r .. o1n x s,� x,p '"�.'�t�c`� +a t'. . a { �T 1 �u_ r k ^"q ; 2 v N�: „��t a1,r.cr� x a i .'�- q'. �A 9'� Sdt�r k' t�{v a �S°ww�i. -,`•'Sd�'+.. ; RM-H RM-H EXHIBIT "A" gl .yF��Q z ' L 14L MMm j a'0.comm s or VII s Im tae a �.v a e i� wwo v memos us.r•`s m'rvcas uww °inir rua in I t\ No o'5 z4-w 29 9 �•,�000 ��� � ' Dasrm"m Y. CO j • f j Woob G>r�.IGTm N O OZJ 2-4- VV �O29,G 1 ODEVElaPO 9M SUM 7W 57 FLT ----- --- j - sr�aL� �•`.�Foo� i *Approval subject to the following conditions: • Drainage plans for the new parking lot must comply with City specifications. • Extend the screening fence along 9'Street to the most northern end of the parking lot. • The construction will be in full compliance with all city codes and ordinances,including the provision of sidewalks along Washington. 5 September 29, 2009 Consider adopting an ordinance granting a public utility franchise to Centerpoint Energy Texas Gas Operations to operate a gas utility within the City of Beaumont RICH WITH OPPORTUNITY E � ► T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ��jj � PREPARED BY: Tyrone E. Cooper, City AttornO�1� MEETING DATE: September 29, 2009 REQUESTED ACTION: Consider adopting an ordinance granting a public utility franchise to Centerpoint Energy Texas Gas Operations to operate a gas utility within the City of Beaumont. RECOMMENDATION Administration recommends approval of an ordinance granting a public utility franchise to Centerpoint Energy Texas Gas Operations to operate a gas utility within the City of Beaumont. BACKGROUND The Charter of the City of Beaumont gives to the City Council authority to grant and renew franchises of all public utilities operating within the City of Beaumont. Ordinance No. 88-64 granted to Entex a 20-year franchise to operate a gas utility in the City of Beaumont. That franchise expired in June of 2008. Since that time City representatives have been negotiating with Centerpoint Energy Texas Gas Operations, successor in interest to Entex, for the renewal of a franchise to continue its operations in Beaumont. The proposed franchise provides for a term of operations for 25 years,providing for a payment by the Company to the City based upon four percent(4%) of the gross receipts from the sale of gas within the city limits and seven cents ($.07) per MCF for the transportation of gas to transportation customers within the corporate limits of the city for consumption within the city. The fees will be calculated for the calendar quarters ending March 31, June 30, September 30 and December 31 and shall be payable on or before the 15th day of May, August,November and February following the quarter for which payment is due. Ordinances granting franchises requires three(3)readings at separate regular meetings of the City Council and shall not be considered finally passed until the third reading which shall not be less than thirty (30) days from the first reading. The ordinance will not take effect until sixty (60) days after its adoption on the third and final reading. The first and second readings of this item took place at the August 25 and September 15, 2009, council meetings. BUDGETARY IMPACT For the year 2008,the City of Beaumont received $795,900 in franchise fees from Centerpoint Energy. Year to date, the City has received$691,468 in franchise fees. i ORDINANCE NO. 09-047 AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS, ITS SUCCESSORS AND ASSIGNS, THE RIGHTS, PRIVILEGE AND FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF PIPELINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTIFICIAL AND/OR MIXED) FOR HEATING, LIGHTING, POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY OF BEAUMONT, TEXAS, AND ITS INHABITANTS AND OTHERS;PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR PAYMENT OF FOUR PERCENT (4%) OF THE GROSS RECEIPTS FROM THE SALE OF GAS WITHIN THE CITY OF BEAUMONT AND SEVEN CENTS (7¢) PER MCF FOR THE TRANSPORTATION OF GAS TO TRANSPORTATION CUSTOMERS;PROVIDING FOR ACCEPTANCE;PROVIDING A SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The City of Beaumont, Jefferson County, Texas, (hereinafter referred to as"Grantor"does hereby grant unto CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas Operations, its successors and assigns(hereinafter referred to as"Grantee")the right,privilege and franchise to construct, install, lay, maintain, operate, use, extend, remove, replace and repair in, under, over, across and along any and all of the present and future streets, avenues, parkways, squares, alleys, thoroughfares, roads, highways, sidewalks, viaducts, bridges, streams, public grounds, public properties (including City building sites) and other public places in the City of Beaumont, and in all tracts, territories and areas hereafter annexed to or acquired by and placed within the corporate boundaries of said municipality,a system of pipes,pipelines,gas mains,laterals, conduits, feeders, regulators, meters, fixtures, connections, attachments and other desirable instrumentalities and appurtenances necessary or proper for the purpose of transporting,distributing, supplying and selling gas(natural and/or artificial and/or mixed)for heating,lighting,power and for any other purpose for which gas may now or hereafter be used in and to said municipality and its inhabitants or any other person or persons within or without the corporate boundaries of said municipality. Section 2. All Facilities installed by Grantee shall be of sound material and good quality,and shall be laid so that they will not interfere with the artificial drainage of the Grantor or its underground fixtures,or with navigation in or the natural drainage of any stream.All Facilities shall be installed in accordance with applicable Federal,State and City regulations and in the absence of such regulations in accordance with accepted industry practice. Within the Public Rights-of-Way, the location and route of the Facilities by the Grantee shall be subject to the reasonable and proper regulation, direction and control of the Grantor or the City official to whom such duties have been delegated. Such regulation shall include, but not be limited to, the right to require in writing to the extent I i provided in Section 13 the relocation of Grantee's Facilities at Grantee's cost within the Public i Rights-of-Way of the Grantor whenever such relocation shall be reasonably necessary to i accommodate the widening, change of grade, or relocation by Grantor of Streets or Public Rights-of-Way, or construction or relocation by Grantor of City utility lines or drainage facilities. j The Grantee and the Grantor shall work together to develop a procedure under which Grantee shall make available to the Grantor maps showing the location of Grantee's Facilities within the corporate limits of the City. Section 3. Except as provided herein, Grantee expressly agrees that it shall not undertake major replacements or extensions of pipe, mains or other facilities within the boundaries of city parks currently owned or later established by Grantor without the prior written consent of the City of Beaumont. Grantee,however,shall not be required to remove or relocate its existing facilities in city parks established as of the date of this ordinance nor shall Grantee be required to remove or relocate facilities from land declared to be a city park subsequent to the date of this ordinance. Provided further, that Grantee shall not be required to obtain such prior written consent to perform routine maintenance or repairs of its facilities within city parks or when failure to repair,replace or extend such facilities would,in the good faith opinion of Grantee,pose a danger to public health or safety. Section 4. This Franchise shall extend to and include any and all territory that is annexed by the Grantor during the term of this Franchise.Within sixty(60)days from the receipt of notice from the Grantor of any such annexation, the Grantee shall assure that any and all customers within such annexed territory are included and shown on its accounting system as being within the corporate limits of the City of Beaumont.After such sixty(60)day period the payment provisions specified in Section 8 of this Franchise shall apply to gross receipts received by the Grantee from customers located within such annexed territory. Grantee shall true-up its map of City boundaries to the Grantor's map on an annual basis. Section 5. Grantee and its contractors shall give Grantor reasonable advance notice, of the dates, location and nature of all work to be performed on its Facilities within the Public Rights-of-Way.. While Grantee and Grantee's Contractors must secure all permits that may be required, Grantee or Grantee's Contractor shall not be required to pay any fee in addition to the franchise fee in order to perform work on Grantee's facilities within the public right-of-way, or park within the streets and other public rights-of-way. Grantee's property shall be so constructed and maintained as not to interfere unreasonably with traffic over the public thoroughfares of said municipality and the same shall be laid in accordance with the lines,grades,and conditions established by Grantor. Following completion of work in the Public Rights-of-Way, Grantee shall repair the affected Public Rights-of-Way as soon as possible, but in all cases Grantee shall comply with all City ordinances governing time periods and standards relating to excavating in the Public Rights-of-Way.No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work. Section 6. Grantee shall not be required to run or extend any pipe a distance exceeding one hundred (100) feet,not to exceed a diameter of two(2) inches, in order to bring gas service to the property line of each additional customer. Section 7. The service furnished hereunder by Grantee to the Grantor and its inhabitants shall be in accordance with the quality of service rules of the Railroad Commission of Texas and all other applicable local, state and federal regulations. Grantee shall furnish the grade of service to its customers as provided by its rate schedules and shall maintain its system in reasonable operating condition during the continuance of this Franchise.An exception to this requirement is automatically in effect,but only for so long as is necessary,when caused by a shortage in materials, supplies and equipment beyond the control of the Grantee as a result of fires, strikes, riots, storms, floods and other casualties,governmental regulations,limitations and restrictions as to the use and availability of materials,supplies and equipment and as to the use of the services,and unforeseeable and unusual demands for service.In any of such events the Grantee shall do all things reasonably within its power to restore normal service as quickly as practicable. Section 8. In consideration of the rights and privileges herein granted, after the effective date of this ordinance, Grantee agrees to pay to Grantor quarterly during the continuance of this ordinance a franchise fee equal to four percent(4%) of the Grantee's gross receipts for the preceding calendar quarter received by the Grantee from the sale of gas within the corporate limits of the City of Beaumont plus seven cents (7¢) per Mcf for natural gas transported by Grantee for its Transport Customers during such quarter. "Transport Customer" means any person or entity for whom Company transports gas through the distribution system of Company within the corporate limits of City for consumption within the corporate limits of City. The franchise fees hereunder shall be calculated for the calendar quarters ending March 31,June 30,September 30,and December 31 and shall be payable on or before the fifteenth day of May,August,November,and February following the quarter for which payment is made, beginning with the first such date following the Effective Date of this Franchise and each August 15th, November 15th, February 15th, and May 15th thereafter; provided,however,the first such payment shall be prorated as necessary to reflect only those gross receipts received and transportation volumes delivered by Company after the Effective Date of this Franchise. In no event shall the Company be required to remit to the City franchise fee i amounts that for any reason whatsoever are not fully recoverable from its customers. Upon receipt of the above amount of money,the City Finance Officer shall deliver to the Company a receipt for such amount. If any payment due date required therein falls on a weekend or bank holiday,payment shall be made on or before the close of business of the first working day after the payment due date. All payments to Grantor shall be accompanied by a certified statement of Grantee in a form prescribed by Grantor. Upon receipt of such payments,the City Finance Officer shall deliver to the Grantee a receipt for such amount. Should Grantee fail to tender payment to Grantor within ten (10) days following the date such payment is due,Grantee shall pay to Grantor, as a late payment penalty,an additional amount equal to three percent (3%) of the amount otherwise payable to Grantor on such due date. The consideration hereinabove set forth shall be paid and received in lieu of any license, charge, fee, street or alley rental,or other character of charge for the use and occupancy for the streets,alleys and public places within the city,and in lieu of any pipe tax or inspection fee or tax,but shall not in any way increase or diminish Grantee's obligation to pay Grantor ad valorem taxes or in any way interfere with the collection thereof. Any special taxes,rentals or other charges accruing after the effective date of this ordinance, under the terms of any preexisting ordinance, or imposed upon Grantee by subsequent action of Grantor shall,when paid to Grantor,be applied as a credit to the amount owed to Grantor under the terms of this franchise agreement. Section 9. Grantee shall keep complete and accurate books of accounts and records of its business and operations under and in connection with this Franchise.All such books of accounts and records shall be kept at Grantee's principal office in Houston, Texas. i i I Grantor may conduct an audit or other inquiry or may pursue a cause of action in relation to the payment of the franchise fee only if such audit,inquiry,or pursuit of a cause of action concerns a payment made less than three(3)years before the commencement of such audit,inquiry, or pursuit of a cause of action. Each party shall bear its own costs of any such audit or inquiry.Upon receipt of a written request from Grantor, all books and records related to Grantee's operations under this Franchise shall be made available for inspection and copying no later than thirty (30) days from receipt of such request. Section 10. If the Legislature of the State of Texas amends the ceiling on utility gross receipts payments to municipalities established by Tex.Tax Code§182.025,then Grantor may prospectively change the percentage of Grantee's gross receipts payable to Grantor under Section 5 of this franchise to the level established by such amendment; provided, however, that such change in the percentage of Grantee's gross receipts payable to Grantor shall not become effective unless and until Grantor shall have approved and authorized rate schedules acceptable to Grantee which will permit Grantee to fully recover through its rates effective within the corporate limits of Grantor any increase in amounts payable to Grantor resulting from such change. Section 11. GRANTEE, ITS SUCCESSORS AND ASSIGNS SHALL PROTECT AND HOLD GRANTOR AND ITS OFFICERS,AGENTS AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS OR DEMANDS FOR DAMAGES TO ANY PERSON OR PROPERTY BY REASON OF THE CONSTRUCTION AND MAINTENANCE OF GRANTEE'S NATURAL GAS DISTRIBUTION SYSTEM,OR IN ANY WAY GROWING OUT OF THE RIGHTS GRANTED BY THIS FRANCHISE ORDINANCE, EITHER l DIRECTLY OR INDIRECTLY, OR BY REASON OF ANY ACT, NEGLIGENCE OR NONFEASANCE OF GRANTEE OR THE CONTRACTORS,AGENTS OR EMPLOYEES OF GRANTEE,ITS SUCCESSORS AND ASSIGNS,AND SHALL REFUND TO GRANTOR ALL SUMS WHICH GRANTOR MAY BE ADJUDGED TO PAY ON ANY SUCH CLAIM, OR WHICH MAY ARISE OR GROW OUT OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED, OR BY THE ABUSE THEREOF, AND GRANTEE, ITS SUCCESSORS AND ASSIGNS SHALL INDEMNIFY AND HOLD GRANTOR, ITS OFFICERS,AGENTS AND EMPLOYEES HARMLESS FROM AND ON ACCOUNT OF ALL DAMAGES,COSTS,EXPENSES,ACTIONS AND CAUSES OF ACTION THAT MAY ACCRUE TO OR BE BROUGHT BY A PERSON,PERSONS,COMPANY OR COMPANIES AT ANY TIME THEREAFTER BY REASON OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES HEREBY GRANTED, OR OF THE ABUSE THEREOF. Section 12. Grantee shall not prosecute or maintain any claims against Grantor or its employees for any damage or injury to Grantee's pipelines or facilities resulting from Grantor's performance of work or repairs upon city streets; provided, however, that the provisions hereof shall in no way limit Grantee's right to prosecute or maintain any such claim against any person, association, or corporation other than Grantor or its employees. Section 13. The Grantee shall, upon written request of the Grantor,relocate its Facilities within Public Rights-of-Way at Grantee's own expense, exclusive of Facilities installed for service directly to I Grantor,whenever such shall be reasonably necessary on account of the widening,change of grade, or relocation by Grantor of Streets or Public Rights-of-Way,or construction or relocation by Grantor of City utility lines or drainage facilities. Grantor shall bear the costs of all relocations of Facilities installed for service directly to Grantor and of any relocation of other Facilities requested by Grantor for reasons other than the widening, change of grade, or relocation by Grantor of Streets or Public Rights-of-Way,or construction or relocation by the Grantor of City utility lines or drainage facilities. Section 14. Grantor,by granting of this ordinance,does not surrender or to any extent lose,waive,impair or lessen the lawful powers, claims and rights now or hereafter vested in Grantor under the Constitution and statutes of the State of Texas and under the Charter of the City of Beaumont to regulate public utilities within Grantor's city limits, to regulate the rates of public utilities within i Grantor's city limits and to regulate the use of the streets by Grantee;and Grantee,by its acceptance of this ordinance,agrees that all lawful powers and rights,whether regulatory or otherwise,as are or as may be from time to time vested in or reserved to Grantor, shall be in full force and effect and subject to the exercise thereof by Grantor at any time and from time to time. All of the regulations and activities required by this franchise are hereby declared to be governmental and for the health, safety and welfare of the general public. Section 15. In the event Grantee, by act or omission, violates any term, condition or provision of this ordinance, Grantor shall notify Grantee in writing of such violation. Grantee shall correct any such violation within thirty(30) days of receipt of such notice. i Should Grantee fail or refuse to correct any such violation within such thirty(30)day period, Grantor may terminate this agreement by ordinance adopted by the City Council of the City of i Beaumont;provided,however,before any such ordinance is adopted. Grantee must be given at least sixty (60) days advance written notice, which notice shall set forth the causes and reasons for the proposed termination and cancellation, and shall advise the Grantee that it will be provided an opportunity to be heard by the City Council of the City of Beaumont regarding such proposed action before any such action is taken and shall set forth the time,date and place of the hearing. Other than its failure, refusal or inability to pay its debts and obligations, including, specifically, the payments to Grantor required by this ordinance, Grantee shall not be declared in default or be subject to any sanction under any provision of this ordinance in those cases in which performance of such provision is prevented by reasons beyond its control;provided,however,that such performance shall not be excused when based solely upon financial limitations of Grantee. Section 16. Subject to the terms,conditions and restrictions stated herein,within five(5)years of,but not less than twelve (12)months before,the expiration of the term of this franchise,Grantor shall have the option to purchase Grantee's distribution system within the corporate limits of Grantor. Grantor must present Grantee with written notice of Grantor's intent to exercise its option to purchase the franchised property. Within thirty(30)days of receipt of notice,Grantee shall make a written offer (the "Offer") stating the cash price for the purchase and sale of said distribution system. Within twenty (20) days of Grantor's receipt of the Offer, Grantor will submit written notice rejecting or accepting the Offer. Should Grantor reject the Offer,Grantor and Grantee shall enter into good faith negotiations to determine a cash price to be paid by Grantor for said distribution system.Failure of Grantor and Grantee to agree on a cash price for Grantee's distribution system shall not constitute grounds for termination or cancellation under Section 13 of this ordinance. Should Grantor accept the Offer or should Grantee and Grantor reach an agreement on a cash purchase price after good faith negotiations, Grantee shall not be required to sell or transfer said distribution system to Grantor until the expiration of the term of this franchise or such earlier time as may be mutually agreeable to Grantee and Grantor.The foregoing notwithstanding,Grantor shall not purchase Grantee's distribution system until the matter of the acquisition of such property has been submitted at a municipal election to be determined by a majority vote of the qualified taxpayers voting therein. Nothing in this franchise shall be construed as limiting or otherwise affecting Grantor's authority to acquire franchised property under Grantor's powers of eminent domain. Section 17. Nothing herein contained shall ever be held or considered as conferring upon Grantee and its successors and assigns any exclusive rights or privileges of any nature whatsoever. Section 18. This ordinance shall not be assigned by Grantee without the authorization and approval of Grantor. Section 19. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 20. Grantor and Grantee hereby acknowledge that all of the provisions hereof are the result of negotiations between Grantor and Grantee. The provisions of this ordinance shall be constructed fairly and reasonably and not more strictly against the party drafting such provisions than against the non-drafting party. Section 21. This ordinance shall take effect and continue and remain in effect for a period of twenty-five (25) years from and after the date which is sixty (60) days after the adoption and passage of this franchise ordinance on third and final reading;provided Grantee files a written acceptance of this i, i franchise ordinance with Grantor within thirty (30) days after final passage of this franchise ordinance. Section 22. If any provision,section,subsection,sentence,clause or phrase of this ordinance is for any reason held to be unconstitutional,void or invalid(or for any reason unenforceable),the validity of the remaining portions of this ordinance shall not be affected thereby,it being the intent of Grantor in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end, all provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 25th day of August, 2009. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 15th day of September, 2009. PASSED BY THE CITY COUNCIL of the City of Beaumont on third reading this the 29th day of September, 2009. - Mayor Becky Ames - ATTEST: CITY SECRETARY I 'I TO THE CITY OF BEAUMONT, TEXAS: CenterPoint Energy Resources Corp.,DBA CenterPoint Energy Texas Gas Operations itself, its successors and assigns,hereby accepts the above and foregoing ordinance and agrees to be bound by all of its terms and provisions. Dated this the day of , 2009. CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS Richard A. Zapalac, Vice-President - Texas Southern Gas Operations NOTE TO THE CITY SECRETARY: Please do not complete the certificate below until an officer of CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS,has executed the Acceptance above. THE STATE OF TEXAS § COUNTY OF JEFFERSON § 1,the duly appointed,qualified and acting City Secretary of Beaumont,Texas,hereby certify that the above and foregoing Acceptance was received and filed in the office of the City Secretary of Beaumont, Texas, on the_day of 12009. City Secretary of Beaumont, Texas [SEAL] 6 September 29,2009 Consider approving a resolution to write-off uncollectible delinquent accounts i RICH WITH OPPORTUNITY BEA,UMON* 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: September 29, 2009 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible delinquent accounts. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible delinquent accounts totaling$1,022,239.59 for which each individual account exceeds $1,000.00. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. All accounts included are for transactions between 1993 and 2008 and collection efforts have been unsuccessful. A summary by receivable type is shown below. 1. Demolition Charges- $7,457.00 Liens have been placed on properties where the ownership has not changed since charges were incurred for demolition. These charges, originally incurred between 1993 and 1998 with payment plans placed with the City, have been sent to the collection agency for collection efforts for more than one year. 2. EMS Ambulance Charges- $911,772.87 These charges from ambulance transports include uninsured claims or co-pay and deductibles that the customer should be responsible for. The original charge dates range from 2003 to 2008 and accounts have been uncollectible for at least one year. 3. Solid Waste Franchise Charges- $10,982.03 Solid Waste Franchise fees are calculated as a percentage of sales and are reported to the City by the companies. These charges were from two companies resulting from an audit and the companies have gone out of business. 4. Fire Miscellaneous Charges- $3,554.54 This charge resulted from fire department response to a truck spill on the freeway. The company did not respond to our efforts to collect and the charge was sent to a collection agency for further collection pursuit in 2007. 5. Landfill Charges - $19,565.05 These Landfill charges were sent to the collection agency in 2007 and 2008. The majority of this balance are from solid waste companies that have gone out of business. 6. Retiree Insurance Charges - $2,074.74 These charges are for one customer and were incurred 10/2007 to 1/2008. Insurance could not be cancelled retroactively, so collection was pursued through other means to no avail. 7. Weed Abatement Charges - $65,046.64 Charges included in this total were sent to the collection agency in 2006, 2007 and 2008. These accounts are difficult to collect because of limited owner information. 8. Water Miscellaneous Charge - $2,000.00 This charge is a fine that resulted from a grease trap inspection. The business was sold but we attempted to pursue the owner personally. The charge was sent to the collection agency in 2007. BUDGETARY IMPACT None l RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the write-off of the following uncollectible delinquent accounts totaling $1,022,239.59 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto: Demolition Charges $ 7,457.00 EMS Ambulance Charges $911,772.87 Solid Waste Franchise Charges $ 10,982.03 Fire Miscellaneous Charges $ 3,554.54 Landfill Charges $ 19,565.05 Retiree Insurance Charges $ 2,074.74 Weed Abatement Charges $ 65,046.64 Water Miscellaneous Charges $ 2,000.00 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of September, 2009. - Mayor Becky Ames - Individual Accounts over$1,000.00 totaled by Customer Type CUSTOMER TYPE AMOUNT DM Total 7,457.00 EM Total 911,559.59 FR Total 10,982.03 FS Total 3,554.54 LR Total 19,565.05 RI Total 2,074.74 WD Total 65,046.64 WS Total 2,000.00 Grand Total 1,022,239.59 EXHIBIT "A" Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT ADAMS COFFEY,CHERYL Total 1,745.73 ADAMS,ADRIEL Total 1,682.00 ADAMS,REVIS Total 1,027.00 ADAMS,TEDDY Total 1,260.00 ALLEN,DOROTHY Total 1,346.00 ALLEN,ROSE MARIE Total 3,644.00 ALLSTAR WASTE&ENVIRONME Total 2,580.00 ANDERSON,JEREMY Total 1,169.00 ANDERSON,STASHA Total 1,961.00 ANTOINE,LAKESIA Total 1,059.00 ANTWINE,ARIN Total 1,791.00 APPLETON, SHAYE Total 1,159.00 ARD,STEPHEN Total 1,639.00 ARMSTRONG,SABRINA Total 5,953.00 ARMSTRONG,TOMMY JACK Total 1,134.00 ARROW WASTE Total 16,734.47 AVILEZ,ROBERT Total 1,181.00 BAILEY,CRAIG Total 1,922.48 BARCHUS,BRIAN Total 2,615.00 BARNES,DAVID Total 1,145.00 BARNETT,CONSTANCE Total 3,887.39 BARNETT,TAHMEAKIA Total 1,310.00 BASHAM,SARAH Total 1,175.00 BAZILE,DEMITRA Total 1,970.00 BEAN, PHILLIP Total 1,746.00 BEARD,MARTIN Total 6,759.00 BELL,CHRISTOPHER Total 3,266.00 BELL, FREDDIE Total 1,206.00 BENNETT,ERIC Total 2,560.00 BENNETT,KEVIN LLOYD Total 1,220.00 BENNETT,WILLIAM Total 2,386.00 BERNSEN,CAROLINE Total 1,299.00 BEVERLY,VANESSA Total 1,145.00 BEYER,WERNER Total 1,327.00 BIRCH,TIMOTHY EVAN Total 1,052.00 BLANCHARD, MICHAEL Total 1,250.00 BLUE, KIMBERLY Total 1,278.00 BLUITT,ABDUAL Total 1,059.00 BLUITT,KARIAN Total 1,259.00 BOB,J ALLEN Total 1,238.00 BONNER,ISAAC Total 1,370.00 BOUDREAUX-CARROLL,ANDREA Total 1,275.00 BOUTTE,CURTIS Total 1,998.00 BOUTTE,JOSEPH Total 1,126.00 BOYAJIAN,CLARA Total 1,033.00 BRANTLEY,BENNIE Total 1,364.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT BRASUELL,WILLIAM Total 1,210.00 BRAXTON BARBARA Total 1090.7 BREAUX,WILLIE Total 2,095.41 BRENT'S TREE SERVICE, INC Total 1,180.00 BREWER LARRY Total 1051.39 BRIDWELL,ANITA Total 3,417.00 BRONSON WILSON,MICHELLE Total 1,311.49 BROOKS,DAVID Total 1,346.70 BROOKS,FLOYD Total 1,118.00 BROOKS,STEPHANIE Total 1,270.00 BROSNAHAN BRUCE E Total 1161.51 BROUCHET, BRANDON Total 1,841.00 BROUSSARD, CHARISHA Total 1,187.00 BROWN,JIMMY Total 1,294.00 BROWN,JOHN Total 2,133.00 BROWN, KATHERINE Total 3,041.00 BROWN,MARK Total 1,836.00 BRUCE,JERRY Total 1,067.00 BRYANT,ESTHER Total 1,254.00 BUCKLEY, HOLLY Total 1,300.00 BURNETT,DESHAWN Total 1,044.99 BURRIS BARBARA ANN Total 1,070.00 BUSH, DONALD Total 8,192.00 CAMERON,JERMAINE Total 1,230.00 CANE, MIRANDA Total 1,160.00 CANNON,DAVID Total 2,452.00 CARRIERE, RENEKA Total 1,971.00 CARTER VERLINE Total 1409.25 CARTER,SANDRA Total 2,147.00 CASEY WALKER,MONIQUE Total 1,015.00 CASSITY,CHRISTOPHER Total 1,886.00 CASTOLENIA,CHRISTOPHER Total 1,497.00 CHADWICK,SCOTT Total 1,222.00 CHAMBERS, BROCK Total 1,922.00 CHAMBERS, MARILYN Total 1,262.00 CHARGOIS,VANIECIA Total 1,238.00 CHAVALITLEKHA,REGINA Total 1,202.00 CHAVIS,CALLIE Total 1,130.00 CHEEK,BRIAN Total 1,350.00 CHESHIRE, RONALD Total 1,130.00 CHESSON,DANNY Total 1,723.00 CHMURA,PAUL Total 1,3T7.22 CHRETIEN CHRISTOPHER Total 1,123.00 CLARK,TRAVIS EUGENE Total 1,051.00 CLAYPOOL, LARRY Total 1,214.00 COLEMAN,GERALD Total 1,280.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT COLLINS,VERNOSKI Total 1,192.00 COMFORT, REGINALD Total 2,468.00 CONNER,CRAIG Total 1,038.00 COOPER,CURTIS Total 1,338.00 COOPER,JOHNNY Total 1,340.00 COWARD,WANDA Total 1,340.00 COX, ERICA Total 6,825.00 CRAIN,JERRY Total 3,496.00 CROPPER III,JOSEPH Total 1,190.00 CROSLAND EUGENE L Total 1219.75 CRUZ,APRIL Total 1,285.00 CULPEPEPR,BRANDI Total 1,177.00 DAIGLE,CHEMEKA Total 1,323.78 DAIGLE,TIMOTHY Total 1,173.00 DALTON,JAMES Total 1,400.00 DANIELS, NATALIE Total 1,227.00 DARNELL,CARL Total 1,862.00 DAVIS,ASHLEY Total 1,763.80 DAVIS, BRITTANY Total 1,172.00 DAVIS, EMMA Total 2,306.50 DAVIS, ESCAR Total 1,240.00 DAVIS,MARCELENE Total 2,219.50 DEAL,DESMOND Total 1,032.00 DEBINE,TRINKA Total 2,500.00 DECQUIRE,JOHN Total 1,778.99 DELANEY,DARRELL Total 2,304.00 DEQUEANT,BRENDA Total 1,367.00 DEYOUNG JOHN Total 1075.5 DIAMOND, RANERTA Total 1,734.34 DILLINGHAM,JIMMY Total 1,173.00 DISPANY, FLORA Total 1,465.00 DIXON,EATHA Total 2,627.00 DOE,JOHN Total 1,959.00 DORSEY,CHRISTEN Total 1,067.00 DOUCETTE,FLORENCE Total 1,347.00 DOUGLAS, LARRY Total 1,509.00 DUMAS RAYMOND SR Total 1796.44 DUNBAR, BRUCE Total 1,230.00 DUNN,WILLIAM Total 3,683.00 DUPLECHAIN,LAWRENCE Total 1,083.99 DURMAN,ASHLEY Total 1,313.00 EAGLIN, REGINALD Total 1,949.00 EASTEX WASTE SYSTEMS INC Total 10,052.61 EDWARDS,MARK Total 1,070.00 EDWARDS,TERRY Total 11,804.00 EGLAND RAYMOND Total 1918.67 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT ELKINS,WAYNE Total 1,270.00 FALKOWITZ BENJAMIN Total 1540.59 FASANO,ANTHONY Total 1,270.00 FELLS, DAVID Total 3,850.00 FERNANDEZ,CHARISMA Total 1,299.00 FERTITA, SAMUEL Total 1,006.00 FISHER, MELBA Total 2,459.11 FISHER, MIKE Total 2,430.00 FORD,ANTHONY Total 1,027.00 FOUTZ, PHILLIP Total 1,719.00 FOWLER, BOBBY Total 1,118.00 FRANCIS,CRYSTAL Total 1,048.00 FRANCOIS,THOMAS Total 3,824.00 FRANK,JOSEPH Total 1,755.00 FRANK, RAPHELLE Total 1,292.00 FRANK,TIERRA Total 1,234.00 FRANKLIN,CATHY Total 8,813.56 FRANKLIN,CRYSTAL Total 1,320.00 FRANKS,STERLING Total 1,130.00 FUSILIER, KIM Total 1,210.32 GALLO, HAYWARD Total 1,167.00 GANESH, NARESH Total 1,703.00 GANT, CYNTHIA Total 2,133.00 GARCIA,CHRISTI Total 1,206.00 GARCIA, LARRY Total 2,807.00 GARN, DUSTINE Total 1,620.00 GARRETT,ISAAC Total 1,270.00 GARRIET, LILLIE Total 1,259.00 GATLIN ARMANDA GAIL Total 1065.2 GAYLES SYBIL Total 1411.75 GENGO KENNETH A JR&CONN Total 1116.06 GEORGE, DEMETRAL Total 1,250.00 GIBSON,SHANNON Total 1,246.00 GIBSON,TODD Total 1,156.00 GILES DOLORES Total 3,954.60 GILFORD DAISEY Total 1767.85 GILL, MONROE Total 1,230.00 GILL, RONALD Total 1,135.00 GILMORE,ASHLEY Total 1,153.00 GILMORE,STEVEN Total 1,650.00 GLAPION,CHERYL Total 1,149.00 GLEGHORN WILTURNER,LISA Total 5,042.39 GLEN,JOHNNIE Total 1,341.00 GLOUDE,EBONE Total 1,786.00 GOFF,KENNETH Total 1,194.00 GOLDEN TRIANGLE COMMERCIA Total 1,780.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT GOODIE,JAMIE Total 1,135.00 GOSS,JAMES Total 1,438.00 GRACEY, ROBERT Total 1,156.00 GRAHAM, DANIELL Total 1,206.00 GRANT,CARLA Total 4,234.00 GRANT,CHARLES Total 2,027.00 GRAY,STEPHEN Total 1,314.00 GREYS, BERNADETTE Total 4,218.00 GREYS,STEPHEN Total 2,105.00 GROGAN, KELVIN Total 1,980.00 GUIDRY, ROBERT Total 1,346.00 GUILLORY,BERNADETTE Total 3,102.62 GUTIERREZ,ARIEL Total 1,410.00 HADNOT,JAMEECYIA Total 1,031.00 HAILEY,CAROLYN Total 1,280.00 HAIRGROVE,JANIS Total 1,086.56 HALL,JENNIFER Total 1,222.00 HALL,WILLIAM Total 5,781.00 HAMILTON MILDRED L Total 1074.5 HAMPTON, MORAL Total 5,107.00 HANCHETTE,OWUSU Total 1,062.00 HARALSON, BRIAN Total 1,843.00 HARDY, PAUL Total 1,314.00 HARDY,ROBIN Total 1,435.00 HARMON,JESSIE Total 1,261.00 HARMON,SHEENA Total 1,313.00 HARRISON,CAROLYN Total 1,044.00 HARRISON,CARRIE Total 1,384.20 HARRISON, CHARLES Total 1,238.00 HARRISON,ELIZABETH Total 1,356.00 HARRISON, KEVIN Total 1,960.00 HARRISON,MAXINE Total 1,292.00 HART, RICHARD Total 1,150.00 HAWKINS, CHADRICK Total 1,367.00 HAWKINS,SHEILA Total 3,211.00 HAWKINS,TIFFANY Total 1,123.00 HAWTHORNE,JAMES Total 1,180.00 HAWTHORNE, RAMONA Total 3,211.99 HELMER,MICHAEL Total 1,271.00 HENRY,GLORIA Total 3,120.00 HENRY,MARY Total 1,026.00 HENRY,TERRIYONNA Total 1,778.00 HENRY,THOMAS Total 1,239.00 HERNANDEZ,LORENZO Total 1,857.00 HERRERA,CHRISTA Total 1,017.00 HESTER,DONALD Total 2,605.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT HICKSON, PAUL Total 1,105.00 HIGHTOWER,SAMMIE Total 3,812.00 HILL,CAREY Total 1,264.00 HILL,CHRISTOPHER Total 1,322.00 HOCKLESS, HENRY Total 1,259.00 HOFFPAUER, RONNIE Total 1,558.00 HOLIDAY, BESSIE Total 1,156.00 HOLLAND,AUGUST Total 1,051.00 HOLLAND,TIFFANY Total 1,730.00 HOLLOMAN,VICKI Total 1,290.00 HOLLOWAY, PAMELA Total 1,190.00 HOLLYWOOD STREET BAPTIST Total 1129.31 HOLMAN,ERIC Total 1,270.00 HOLMES EARNEST LEE Total 1,093.40 HOLMES GAULDING,JOAN Total 1,858.00 HOLMES GENEVIEVE A Total 1051.25 HOLT,JAMICA Total 1,035.00 HOPE&DEVELOPMENT CENTER Total 2,274.00 HOPE, BRENT Total 1,215.00 HOPE, FREDRICK Total 1,295.00 HOPKINS,STEPHEN Total 5,529.00 HOWARD,BRENDA Total 1,119.99 HOWARD,MICHEAL Total 2,315.00 HOWARD,SHAWN Total 2,644.99 HUBBARD,EUGENE Total 1,222.00 HUFF, RONALD Total 1,279.00 HUMBLE,SARAH Total 1,270.00 HUMES,DEQUAINA Total 1,198.00 HUNT,DWAN Total 1,174.00 IBARRA, RICARDO Total 1,190.00 IDLEBIRD, HAROLD Total 1,169.00 IHOP Total 2,000.00 JACK,CODNEETO Total 1,180.00 JACKSON FLORA Total 1,158.00 JACKSON,COURTNEY Total 1,539.66 JACKSON, RODERICK Total 1,179.99 JACOBS WELDING&MARINE S Total 1058.53 JAGNEAUX,STEPHANIE Total 1,876.64 JAMES,LUCIUS Total 2,301.00 JENKINS, LESTER Total 1,347.00 JOHNSON,CHRISTOPHER Total 1,622.00 JOHNSON, FRANK Total 1,040.00 JOHNSON,JESSIE Total 1,128.00 JOHNSON,ROBERT Total 1,105.15 JOHNSON,RUDY Total 2,165.00 JOHNSON,STERLING Total 1,727.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT JOHNSON,TANISHA Total 1,377.00 JOHNSON,TROVESSAH Total 3,100.00 JOHNSON,TYESHA Total 1,290.00 JOLLEY,JOSH Total 1,240.00 JONES JR,EARL Total 1,269.00 JONES, BRITTANY Total 1,609.00 JONES,EDNICHOLAS Total 1,143.00 JONES, FREDERICK Total 1,303.00 JONES,JOSEPH Total 4,260.00 JONES, KEEMON Total 2,310.00 JONES,MARGO Total 1,275.00 JONES, MARY Total 2,071.00 JONES, RONALD Total 1,280.00 JONES,WENDELIN Total 1,261.00 JOSEPH,BILLY Total 1,325.70 JOSEPH,SHERMAN Total 1,067.00 JOSEPH,SHIRLEY Total 1,868.00 JUAREZ,LEOBARDO Total 1,125.00 KANZANI,ABDUL Total 2,020.00 KAUFMAN,ANGELA Total 1,043.00 KAYSER-FERMAN,JESSICA Total 1,261.00 KENEDY,WILLIAM Total 1,126.00 KENNEDY,DAVID Total 1,682.00 KEYS,JONATHAN Total 1,300.00 KIRTMAN,MITCHELL Total 1,410.00 KNIGHTON BESSIE MARIE Total 2996,88 KORT,JOSEPH Total 2,230.00 KROEMEKE,ANGIE Total 1,280.00 LAMAR DEV CORP Total 1123.05 LANDRY, NICOLE Total 1,840.00 LANGHAM,CHARLOTTE Total 1,067.00 LATHAM,JIMMY Total 1,743.00 LAWRENCE,ALVIN Total 1,280.00 LEBLANC,BRUCE Total 1,470.00 LEE, DORIS Total 1,129.00 LEE,JOHNNIE Total 1,224.00 LEMON,KALIIALA Total 1,212.00 LEWIS,ASHLEY Total 1,150.00 LEWIS,CAROLYN Total 1,912.00 LEWIS,JOHN Total 2,037.00 LEWIS, LEKEISHA Total 5,595.00 LEWIS,MARY Total 1,304.10 LEWIS,OSCAR Total 1,939.50 LEWIS,TRAVIS Total 3,140.00 LILYQUIST,CAROL Total 1,100.00 LINDSEY,DAVID Total 1,283.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT LITTLE, BRENDA Total 1,222.00 LOMBARD,TONIA Total 2,169.00 LONDON OZIE Total 1216 LOPEZ,JOSE Total 1,243.00 LOVE,JOHNIE Total 1,313.00 LOVE,SUSAN Total 1,140.00 LOVELY,CURLEY Total 1,173.00 MAHN0UN, LAURATotal 1,195.00 MAKONI, ERICA Total 1,271.90 MALDONADO, KRISTIN Total 1,035.00 MARSHALL,SHEBA Total 1,620.00 MARTIN,CLAUDE Total 1,120.00 MARTIN,JERRY Total 1,619.00 MARTINEZ, RAYMA Total 1,267.00 MAXWELL,JUSTIN Total 1,310.00 MAYES, RICKY Total 1,672.70 MAYFIELD, BURNISE Total 2,063.20 MCDANIEL,JOSHUA Total 1,057.00 MCGALLION,MARSHALL Total 1,595.00 MCKAY, ROBERT Total 2,039.00 MCKINNEY,JOHN Total 1,813.10 MCLEMORE,VIRGINIA Total 1,290.00 MCLIN,TERESA Total 2,011.00 MEASEL,AUDRA Total 1,238.00 METCALF,ELLA Total 1,910.00 MEZA,JOHNNY Total 1,214.00 MICKENS,DEMARCUS Total 1,016.99 MICKLES,CHARLES Total 1,141.00 MILLER, NATHAN Total 1,219.00 MITCHAM,CAROLYN Total 1,030.48 MITCHELL,CRYSTAL Total 1,250.00 MITCHELL, HARRY Total 1,223.00 MITCHELL,JASON Total 1,800.00 MITCHELL, KELVIN Total 1,118.00 MITCHELL, MISTY Total 1,160.00 MITCHELL,SHERIEKA Total 1,260.00 MITCHELL,WADE Total 1,840.00 MOORE,RICHARD Total 1,293.00 MORGAN,DEAN Total 1,153.00 MORRIS,ANGELA Total 1,343.00 MORRIS,TERRY Total 1,989.00 MOSHAY,FLORENCE Total 1,271.00 MOSLEY,SONJA Total 1,051.00 MOTT BERNICE H ET UX Total 1198.75 MOTT,JAMES Total 1,120.00 MOUTON,ALICE Total 1,170.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT MOUTON, DAVID Total 1,062.00 MURPHY, ELISA Total 2,239.00 MURPHY, ROTISHA LYMELL Total 1,047.00 NARCISSE, DUSTIN Total 1,834.00 NECHES LODGE NO 593 BPOE Total 1169.4 NELLUMS,AUDRY Total 1,136.00 NELSON, FLORIDA Total 3,667.52 NEWMAN,CHASITY Total 1,724.00 NGUYEN,TAN Total 1,077.00 NOBLE,JOREL Total 1,620.00 ORCHID,CHRISTOPHER Total 1,246.00 OSHIER, RUTH Total 1,060.00 OWENS,CAROLYN Total 1,459.00 PADGETT,CASSANDRA Total 1,035.00 PARKER, HERBERT Total 2,288.00 PARKERSON,SHARENA Total 1,566.00 PARKERSON,TRAVION Total 1,280.00 PARKS, NATALIE Total 1,075.00 PATRICK,JACELYNE Total 1,111.00 PATRICK,PEGGY Total 1,255.00 PATTON,WILLIE Total 1,254.00 PEACOCK, FELICIA Total 1,212.00 PETE,SERINA Total 10,809.25 PETRO EXPRESS MANAGEMENT Total 3022.87 PICOU, KATHY Total 1,037.99 PITRE,AMBER Total 1,884.56 PITRE, DANIELLE Total 1,851.00 PLACETTE,SHARON Total 1,300.00 PORTLEY,TYRRELL Total 1,913.00 POTEET,JIMMY Total 1,090.00 POWELL, REBECCA Total 1,611.00 POWERS,TIFFANY Total 1,404.00 PRATT, NANCY Total 1,821.00 PREJEAN,CODY Total 1,828.00 PRENELL,JAMIE Total 1,524.00 PREVOST,NANCY Total 1,516.00 PRICE, LORRAINE Total 1,131.00 PROELLOCHS,ERIC Total 1,269.00 PUGH,ANTHONY Total 1,011.00 PUGH, MARLON Total 2074.74 QUINN, MARGARET Total 1,840.00 R&B HOMES LLC Total 1415.9 RAMOS,LISA Total 1,367.00 RANDLE, LUCILLE Total 1,217.00 RANDOLPH ALVIN G Total 1249.85 RANDOLPH,RONNIE Total 1,056.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT RAWLINGS, MIKE Total 1,076.00 RAWLINS, KARMEN Total 1,172.00 RAWLINS,TANIGA Total 1,219.67 REDEAUX JOHN JR Total 1251.75 REED,JAMES Total 1,044.99 REED,JUDIE Total 1,254.00 REED,PAUL Total 4,088.00 REED,SAUL Total 1,890.00 REINIER,JUSTIN Total 1,364.00 REYNOLDS,JEREMIAH Total 1,301.00 RICHARD,OPHELIATotal 1,067.00 RICHARD,STEPHANIE Total 1,280.00 RIGGINS,SOLOMON Total 2,782.80 RIGSBY, LAQUINTA Total 1,016.00 ROBBINS, KEVIN Total 1,300.00 ROBBINS, NATALIE Total 1,238.00 ROBICHAU,DAVID PATE Total 1,290.00 ROBINSON,ANDREA Total 1,446.00 ROBINSON, HILDA Total 1,262.00 RODGERS,DOUGLAS Total 1,246.00 RODRIGUEZ, CHRISTINA Total 1,529.00 RODRIQUEZ,JOSEPH Total 1,261.00 ROGERS,DONNA Total 2,604.00 ROGERS,JACK Total 1,075.00 ROGERS,JOSEPH Total 1,062.00 ROGERS,TAMERA Total 4,801.00 ROMERO, ROSANNA MARIA M Total 1,240.00 ROSBOROUGH,LASELLE Total 1,051.00 ROSS,JAMES ALLEN Total 1,671.84 ROUNTREE,GRACE Total 2,691.00 ROY,DETRICIA SHANTA Total 1,033.00 RUBIN,CORSICA Total 1,551.00 RUFF, LINDA Total 2,001.00 RUNNELS,CHARLES Total 1,353.00 SALZMAN,GEORGE Total 1,654.00 SANCHEZ, RIANDA Total 1,160.00 SANDERS DELMAR F ESTATE Total 2201.2 SANDERS,VALARIE Total 2,044.00 SANFORD,RICHARD Total 1,080.00 SAUBERAN,TAMARA Total 1,205.00 SAUNDERS ROBERT Total 1253.53 SAVANT,JENNIFER Total 1,446.00 SAVOY,MARY Total 2,027.00 SAVOY,TARISA Total 1,043.00 SAWYER, LINDA Total 1,780.00 SCOTT DELORES D Total 1007.5 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT SCOTT, KARL Total 1,153.00 SEALS, PRECIOUS Total 1,953.00 SEARS, EVELYN Total 1,865.00 SEBILE, NADIA Total 1,249.00 SERIO,SAM Total 1315 SHEPARD KAY Total 1118.75 SHERMAN&SHERMAN INC Total 1597.45 SHERWOOD, LACRESHA Total 1,170.00 SHILLOW,TRABIAN Total 1,891.00 SHILO,JAMES Total 1,156.00 SHORTEN,JONATHAN MICHAELS Total 1,254.00 SIAS, KEONA Total 1,183.99 SIGGERS,CHARLES Total 1,279.00 SIMMONS, KENNETH Total 2,928.52 SIMPLY AQUATICS Total 3,554.54 SINGLETON,ALICE Total 4,050.00 SMALL, LATONYA Total 12,953.00 SMITH, BOBBIE JEAN Total 1,254.00 SMITH,CHARLES Total 1,225.00 SMITH,CHRISTOPHER CRAIG Total 1,048.00 SMITH, LEE Total 1,170.00 SMITH, MILTON Total 2,460.00 SMITH, PATTI Total 1,108.00 SMITH, RICKY Total 1,088.00 SMITH, ROBERT Total 1,329.00 SMITH,SHENEQUA Total 1,451.00 SMITH,STACY LEANN Total 1,267.00 SOHLINGER,PATRICK Total 4,777.00 SONNIER,THAD Total 1,051.00 SOULARIE MARGARET ESTATE Total 3,867.00 SPENCER,CHARLSE Total 1,102.00 SPENCER, KAREN Total 1,259.00 SPRING,ANTHONY Total 1,080.00 SPRINGER,TOBY Total 1,275.00 STAFFORD,AUDREY Total 5,094.00 STANLEY,JOSEPH Total 1,140.00 STANLEY,PEGGY Total 2,824.00 STEELE,PAMELA Total 1,420.00 STEWARD, BRANNON Total 1,059.00 STONE, ROBERT Total 1,519.00 STRICKLAND,SARAH LYNN Total 4,181.00 SULCER,RICHARD DEAN Total 1,520.00 SUTTON,MARY ETTA CHAMBERS Total 1,080.00 TARKINGTON,MELANIE Total 1,270.00 TARVER,BRANDY Total 1,250.00 TAYLOR,TAMA DOUGLAS Total 1,062.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT TEETS,CARL Total 1,270.00 TELESFORD, KEITH Total 1,280.00 TERRELL LAVERT BLANCHETT Total 3849 THEAL,JONATHON Total 2,004.00 THIBODEAUX JOSEPH Total 1029.36 THOMAS, BRUCE Total 1,261.00 THOMAS, CASSANDRA Total 1,408.00 THOMAS, CHESTER Total 1,218.63 THOMAS, DEBRA Total 1,487.60 THOMAS,JAMES Total 1,111.00 THOMAS, MARY Total 1,004.25 THOMAS, PRECIOUS NICOLE Total 1,270.00 THOMPSON,STEPHANIE Total 1,078.99 TILLMAN,TRESSA Total 1,290.00 TIMS, ELBERT Total 1,214.00 TINKLER,JOSEPH SIDNEY Total 1,053.00 TORRES,GILBERTO Total 1,833.00 TORRES, ROGELIO Total 1,036.39 TOUSSAINT,WILSON Total 1,853.00 TRAHAN,APRIL Total 1,257.00 TRAYLOR,PAMELA Total 2,621.85 TRIBES,SAMANTHA Total 1,175.00 TROSCLAIR,STELLA Total 3,494.00 TURNER,CORDELIA Total 1,877.00 TYLER,ELAINE Total 1,462.97 VALDIVIEZ,DANIEL Total 1,314.00 VAN BU REN,PATRICA Total 1,222.00 VANSLYKE, CHARLA Total 1,055.00 VISOR,WESLEY Total 1,051.00 VOLIN, NICOLE Total 1,758.00 WAGNER, LEANNA Total 1,390.00 WALKER,DIAMOND Total 1,235.00 WALSH, ROBERT Total 1,380.00 WARREN,KERRY Total 1,122.99 WARRICK JOHN M Total 1109.8 WASHINGTON-LUCKY,SHARITA Total 1,900.00 WASHINGTON LEONARD Total 1012.2 WASHINGTON SARAH Total 1409.6 WASHINGTON,MONIQUA Total 1,230.00 WATSON, PHABIAN JARVIS Total 1,613.00 WEAVER,ARICA Total 1,250.00 WEAVER,NICHOLAS Total 1,370.00 WEIBLINGER H C Total 2,520.00 WERNER EVELYN HILDA BERGE Total 1300.55 WEST,CLINTON BRIAN Total 1,356.00 WESTON,JOHNNY Total 1,240.00 Individual Accounts over$1,000.00 totaled by name. CUSTOMER ACCT# NAME TYPE DATE AMOUNT WHITE,JERRY Total 2,790.00 WHITFIELD, RAYMOND Total 1,250.00 WILCOX,ZACHARY Total 1,873.00 WILDE,DONNA Total 1,474.00 WILEMAN, CHARLES Total 2,876.00 WILEY, BOBBY Total 1,129.00 WILLIAMS,ANTHONY Total 1,316.00 WILLIAMS, ERIC Total 1,161.00 WILLIAMS,LARRY Total 1,915.00 WILLIAMS, LESIA FAYE Total 1,222.00 WILLIAMS, NICOLE Total 1,348.64 WILLIAMS,TAYARI Total 1,035.00 WILLIAMS,TERRY Total 2,346.00 WILRIDGE,SHALONDA Total 4,106.00 WILSON,ANTONIO Total 1,382.00 WILSON,ARTEAL Total 1,222.00 WILSON, DUDLEY Total 5,774.00 WILSON,JUANITA Total 1,152.00 WILSON,SHANTEL Total 1,133.00 WILTURNER,PAMELA Total 3,549.00 WILTZ, NICOLE Total 1,063.00 WINSTON,TONY JOSE Total 1,170.00 WOLFE,CHRISTINA Total 1,230.00 WOODARD,PATRICIANN Total 1,955.00 WORTHEN,TINA Total 1,246.00 YARBROUGH,TOMEKA Total 1,249.00 YARBROUGH,WILLIAM Total 2,578.00 YOUNG, BRYAN Total 1,150.00 YOUNG,JESSIE JUSTIN Total 1,129.00 ZENO,SARAH Total 1,603.00 ZERANGUE,JOHN Total 1,160.00 Grand Total 1,022,239.59 i 7 September 29, 2009 i Consider accepting grant funding from the Federal Emergency Management Agency(FEMA) Hazard Mitigation Grant Program for a new generator at the Emergency Operation Center/911 Communication Center �I i i [I 17C Al 11 1�1(I I I 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: September 29, 2009 REQUESTED ACTION: Council consider accepting grant funding from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program in the estimated amount of $528,000. RECOMMENDATION Administration recommends approval. BACKGROUND The Hazard Mitigation Grant Program (HMGP)provides grants to states and local governments to implement long-term hazard mitigation measures after a major disaster declaration. Funding became available following the Hurricane Ike disaster declaration identified as DR-1791. The state government manages the grant applications for their respective jurisdictions and dedicated a portion of the money to generator projects which normally are not able to be funded at the local level. A tentative mitigation project for the City's Emergency Operation Center/911 Communication Center was proposed, was favorably reviewed by the State, and with Council approval, will be received from FEMA. This project would enable the whole building to be supported by emergency lighting and air conditioning, where currently, only the second floor has backup power. During large emergencies, operations and sheltering expands to the other floors, and maintaining air circulation will reduce climate and moisture damage within the building. Additionally, this will enhance protection for our first responders and critical communications and technology infrastructure during severe weather events or power outages. BUDGETARY IMPACT Based on the total project cost, the City would receive grant funding in the estimated amount of 5528,000 with the City of Beaumont responsible for a 25% match of$132,000. Funds are available in the Capital Reserve 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 receive funding up to$528,000 through the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program to be used to enable the City of Beaumont's Emergency Operation Center/911 Communication Center to support emergency lighting and air conditioning. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of September, 2009. - Mayor Becky Ames - 1 8 September 29,2009 PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program I I I I RICH WITH OPPORTUNITY BEAIIMON* i T • E • x a A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 29, 2009 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following seventy(70) structures to be dangerous structures and order the owners to raze said structures within ten(10)days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. I. 620 Adams(Storage Shed) 11. 3149 Case 2. 3995 Adilade 12. 940 Church and Garage 3. 1110 Amarillo(Garage) 13. 5465 Cole Road and Shed 4. 1650 Avenue A(Garage& Storage Bldg) 14. 5475 Cole Road and Shed 5. 1647 Avenue H(Garage) 15. 3545 Corley 6. 2035 Brooklyn 16. 3029 W. Crockett 7. 2595 Brooklyn 17. 3179 W. Crockett 8. 2580-82 Calder(Commercial) 18. 3145 Dorothy Avenue(Storage Building) 9. 4770 Carnegie(Garage) 19. 1125 Doucette Avenue(Garage) 10. 11675 Carpenter Road 20. 1350 Doucette Avenue(Garage) (#) Indicates number of times structure has been enrolled in work program. Continued 21. 1640 Earl 46. 3550 Pradice 22. 1433 Emile(Garage) 47. 1798 Prairie(Garage) 23. 1435 Emile 48. 3435 Quinn(Garage) 24. 2415 Euclid(Garage and Shed) 49. 5225 '/z Roberts(Barn/Shed) 25. 830 Fulton(Garage and Shed) 50. 2652 Sabine Pass Avenue 26. 1157 Georgia Avenue 51. 870 Sherman 27. 1780 Gladys(Garage/Shed) 52. 2320 Sonny Perkins 28. 5915 Greenmoor Lane 53. 3657 St. James Blvd. 29. 910 Harriot and Rear Shed 54. 645 Sunnyside Drive 30. 2185 Hemlock(Shed) 55. 2780 Tannis and Shed 31. 2285 Hemlock and Shed 56. 3285 N. 10"' St. (Garage) 32. 1066 Isla 57. 2195 Terrell Avenue and Garage 33. 415 Jackson 58. 2565 Texas and Auxiliary Structure 34. 1307 Laurel 59. 985-87 3*' Street 35. 490 Lethia(Carport) 60. 695 Threadneedle(Garage) 36. 11640 Loop Road(Garage&Rear Shed) 61. 1835 Threadneedle 37. 2222 North 62. 1811 Tilson(Metal Shed) 38. 2545 North(Garage Apartment) 63. 1140 Van Buren and Garage 39. 2740 Palestine 64. 1410 Van Buren 40. 825 Porter 65. 1420 Van Buren 41. 995 Porter 66. 1665 Victoria(Garage) 42. 2045 Potts and Shed 67. 2830 Victoria(Garage) 43. 2440 Potts(Rear Auxiliary Building) 68. 805 W. Virginia 44. 2450 Potts 69. 2818 Waco (1) 45. 3540-42 Pradice 70. 4095 Willie Mae(Rear Garage) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these seventy(70)structures and order the owner to raze within ten (10) days. Additionally, if the property owner of a structure requests and is 1 authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IMPACT City may incur the cost of demolition. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: II'I 1. 620 Adams(Storage Shed) 21. 1640 Earl I 2. 3995 Adilade 22. 1433 Emile (Garage) 3. 1110 Amarillo(Garage) 23. 1435 Emile 4. 1650 Avenue A(Garage&Storage Bldg) 24. 2415 Euclid (Garage and Shed) 5. 1647 Avenue H (Garage) 25. 830 Fulton (Garage and Shed) 6. 2035 Brooklyn 26. 1157 Georgia Avenue 7. 2595 Brooklyn 27. 1780 Gladys (Garage/Shed) 8. 2580-82 Calder(Commercial) 28. 5915 Greenmoor Lane 9. 4770 Carnegie (Garage) 29. 910 Harriot and Rear Shed 10. 11675 Carpenter Road 30. 2185 Hemlock(Shed) 11. 3149 Case 31. 2285 Hemlock and Shed 12. 940 Church and Garage 32. 1066 Isla 13. 5465 Cole Road and Shed 33. 415 Jackson 14. 5475 Cole Road and Shed 34. 1307 Laurel 15. 3545 Corley 35. 490 Lethia(Carport) 16. 3029 W. Crockett 36. 11640 Loop Road (Garage& Rear Shed) 17. 3179 W. Crockett 37. 2222 North 18. 3145 Dorothy Avenue(Storage Building) 38. 2545 North (Garage Apartment) 19. 1125 Doucette Avenue (Garage) 39. 2740 Palestine 20. 1350 Doucette Avenue(Garage) 40. 825 Porter it 41. 995 Porter 56. 3285 N. 10`"St. (Garage) 42. 2045 Potts and Shed 57. 2195 Terrell Avenue and Garage 43. 2440 Potts (Rear Auxiliary Building) 58. 2565 Texas and Auxiliary Structure 44. 2450 Potts 59. 985-873 d Street 45. 3540-42 Pradice 60. 695 Threadneedle(Garage) 46. 3550 Pradice 61. 1835 Threadneedle 47. 1798 Prairie (Garage) 62. 1811 Tilson (Metal Shed) 48. 3435 Quinn (Garage) 63. 1140 Van Buren and Garage 49. 5225'/ Roberts (Barn/Shed) 64. 1410 Van Buren 50. 2652 Sabine Pass Avenue 65. 1420 Van Buren 51. 870 Sherman 66. 1665 Victoria (Garage) 52. 2320 Sonny Perkins 67. 2830 Victoria (Garage) 53. 3657 St. James Blvd. 68. 805 W. Virginia 54. 645 Sunnyside Drive 69. 2818 Waco (1) 55. 2780 Tannis and Shed 70. 4095 Willie Mae(Rear Garage) (#) Indicates number of times structure has been enrolled in work program. to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVI I, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above-described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s)fail(s)to comply within ten (10)days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. If a property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry,and all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 4. 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 5. That any person who violated 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 September, 2009. - Mayor Becky Ames - WORKS SSION * Review and discuss procedures relating to Requests for Proposals * Review and discuss a possible buyout program in participation with FEMA relating to homes having severe repetitive flood losses