HomeMy WebLinkAboutPACKET JAN 26 2010 RICH WITH OPPORTUNITY
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T • E - X • A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 26, 2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a six (6) month contract for the purchase of Aluminum Sulfate for use by the
Water Utilities Department
B) Approve a one-year contract with CapitalEdge Advocacy, L.L.C., to act as the City of
Beaumont's Washington Assistant and revocation of Resolution No. 10-002 approved by
Council on January 12, 2010, approving a one-year renewal of the contract with Carolyn
C. Chaney&Associates, Inc., to act as the City of Beaumont Washington Assistant
C) Approve a resolution accepting lesser payment and authorizing the release of a paving
lien against property described as 570 Royal Street, Lots 51 & 52, Block 6 of Langham to
Beaumont Addition, Beaumont, Texas
D) Authorize the settlement of the lawsuit styled Donald Jackson v. City of Beaumont, et al
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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: January 26, 2010
REQUESTED ACTION: Council consider authorizing the award of six (6) month
contract for Aluminum Sulfate.
RECOMMENDATION
The Administration recommends the award of a contract to GEO Specialty Chemicals, Inc., of
Little Rock, AR, in the estimated amount of$84,000.
BACKGROUND
Bids were requested for a six (6) month contract for Aluminum Sulfate for use by the Water
Utilities Department to be used in the water treatment process.
Bid notices were provided to five (5) vendors with five (5) responding with bids as indicated
below. It is estimated that 600 tons will be used during the six (6) month contract. The product
recommended for award meets all specifications. GEO Specialty has previously held this
contract at a price of$250 per dry ton.
Vendor Unit Price Total Price
GEO Specialty Chemical, Little Rock, AR $140.00 $84,000.00
Altivia Corp., Houston, TX $179.85 $107,910.00
Cheameleon Industries, Mesquite, TX $197.58 $118,548.00
Southern Ionics, West Point, MS $226.00 $135,600.00
General Chemical, Parsippany, NJ $280.00 $168,000.00
BUDGETARY IMPACT
Funds are budgeted in the Water Utilities Department's operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
Aluminum Sulfate for use by the Water Utilities Department; and,
WHEREAS, GEO Specialty Chemical of Little Rock, Arkansas, submitted a bid in
the amount of $140.00 per unit for an estimated contract amount of $84,000.00; and
WHEREAS, City Council is of the opinion that the bid submitted by GEO Specialty
Chemical of Little Rock, Arkansas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT.-
THAT the bid submitted by GEO Specialty Chemical of Little Rock, Arkansas, for a six (6)
month contract for the purchase of Aluminum Sulfate for use by the Water Utilities
Department in the unit amount of $140.00 for an estimated amount of $84,000 be
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
January, 2010.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
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T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: January 26, 2010
REQUESTED ACTION: Consider a one-year contract with CapitalEdge Advocacy,
L.L.C., to act as the City of Beaumont's Washington
Assistant and revocation of Resolution No. 10-002
approved by Council on January 12, 2010, approving a one-
year renewal of the contract with Carolyn C. Chaney &
Associates, Inc., to act as the City of Beaumont Washington
Assistant.
RECOMMENDATION
The Administration recommends approval of a one-year contract with CapitalEdge Advocacy,
L.L.C., in the amount of$61,488.00 and revocation of Resolution No. 10-002 approved by
Council on January 12, 2010. The contract will also include a maximum of$4,000 for
reimbursable expenses.
BACKGROUND
On a yearly basis since 1980, the City has contracted with an organization to provide legislative
services on the federal level. Ms. Chaney, as the City Washington Assistant, is responsible for
reviewing federal executive proposals, legislation under consideration and proposed and adopted
administrative rules and regulations which could impact the City of Beaumont's policies or
programs. Ms. Chaney has changed the name of her firm from Carolyn C. Chaney & Associates,
Inc., to CapitalEdge Advocacy, L.L.C. On January 12, 2010, Council approved the entry of a
contract with Ms. Chaney's old firm, Carolyn C. Chaney & Associates, Inc. Such approval
should be revoked and the City Manager should be authorized to enter into a contract with Ms.
Chaney's new firm, CapitalEdge Advocacy, L.L.C. A letter from Mrs. Chaney and the proposed
contract are attached for your review. Also attached for your review is Resolution No. 10-002.
BUDGETARY IMPACT
Funds are budgeted for this expenditure in the FY2010 Budget.
AGREEMENT
BETWEEN THE CITY OF BEAUMONT, TEXAS
AND
CAPITALEDGE ADVOCACY, LLC
1212 NEW YORK AVENUE, NW- SUITE_250
WASHINGTON, D.C. 20005-3953
Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes
referred to as the "City") and CapitalEdge Advocacy, LLC (hereinafter sometimes
referred to as "Consultant") agree to assume the following obligations.
L Obligations of Consultant
A. Consultant will organize and operate a unit to act as a
Washington office for the City and will be the assigned member
of its staff. Consultant will be responsible for obtaining and
furnishing requisite staff, office space,utilities, furnishings,and
equipment, common-use office supplies and services, and
general administrative support according to the level of service
specified in Paragraph IV;
B. Consultant will confer with the City Manager and such other
City personnel as the City Manager may designate at the times
and places mutually•agreed to by the City Manager on all
organizational planning and program activities which have a
bearing on the ability of the City to make the best use of federal
aid programs; and will act as Washington Assistant to the City
of Beaumont, Texas;
C. As Washington Assistant the Consultant will review federal
executive proposals, legislation under consideration, proposed
and adopted administrative rules and regulations and other
Washington developments for the purpose of advising the City
of those items which may have a bearing on City policy or
programs;
D. More specifically, as Washington Assistant the Consultant will
advise and consult on behalf of the City with the White House
and any other Federal agencies, departments and commissions
as may be necessary to the performance of full Washington
service to the City Manager and the City. Additionally, the
Consultant will act as liaison with the U.S. Conference of City
Managers and the National League of Cities, and will furnish
legislative and administrative analyses of issues as requested;
E. As Washington Assistant the Consultant will secure and furnish
such detailed information as may be available on federal
programs in which the City indicates an interest;
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F. As Washington Assistant the Consultant will review and
comment on proposals of the City which are being prepared for
submission to federal agencies when requested to do so by the
City Manager or his designees;
G. As Washington Assistant the Consultant will maintain liaison
with the City's Congressional delegation and will assist the
delegation in any matter which the City determines to be in its
best interest in the same manner as any other member of the
City's administrative staff might render assistance;
H. As Washington Assistant the Consultant will counsel with the
City regarding appearances by City personnel before
Congressional committees and administrative agencies and will
arrange for appointments and accommodations for City
personnel as necessary;
I. As Washington Assistant the Consultant will contact federal
agencies on the City's behalf when City applications are under
consideration by such agencies and counsel the City to take
whatever steps appear to be required to obtain the most
favorable consideration of such applications;
J. As Washington Assistant the Consultant will advise and consult
with or otherwise make assistance available to such
representatives of the private sector who are engaged in
economic development activities as determined by the City
Manager to be in the best interests of the City;
K. In fulfilling her responsibilities under this Agreement, the
Washington Assistant will act in the name of the City of
Beaumont, Texas under the supervision of the City Manager.
Any change in the person of the Washington Assistant from the
person representing the City as of the effective date of this
agreement must be approved by the City Manager.
H Obligations of the City of Beaumont, Texas
A. To advise the Consultant of the name or names of persons
other than the City Manager authorized to request service and
the person or persons to be kept advised by the Washington
Assistant;
B. To supply the Consultant with a summary of all federal
programs in which the City is participating and advise the
Consultant of any new applications filed, together with
pertinent details as to the substance of such applications;
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C. To supply the Consultant with copies of budgets, planning
documents, and regular reports of the City Manager and
departments,Council agenda and proceedings,newspapers and
other materials which will assist the Consultant in keeping
current on City policies and programs;
D. To reimburse the Consultant for(1) all travel expenses incurred
pursuant to Paragraph I,Subparagraphs D and G; (2) expenses
for attendance at any other meetings attended by the
Washington Assistant outside Washington, DC, at the request
of the City;
E. To reimburse the Consultant for other expenses which are
incurred within Washington, DC on behalf of the City in
carrying out the provisions of this Agreement and as approved
by the City Manager subject to the provisions of Paragraph M
F. To bear long distance telephone, photocopying, executive
expenses and postage expenses.
III. The City of Bea umont, Texas and the Consultant
concur that the following exclusions shall apply to
this.Agreement.•
A. The Consultant:
1. Will not represent commercial or industrial establishments of
the City in pursuit of federal business except in accordance with
the provisions of Paragraph 1, Subparagraph J, above;
2. Will not, by virtue of this Agreement, represent other local
government agencies in Beaumont, Texas except those which
are instrumentalities or agencies of the City of Beaumont,
Texas;
3. Will not perform any legal, engineering, accounting or other
similar professional service;
4. Will not directly or indirectly participate in or intervene in any
political campaign on behalf of or in opposition to any
candidate for public office in or representing the City.
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IV. Compensation
The cost of service will be $61,488.00 for twelve months,payable in advance,in equal
monthly installments of$5,124.00 commencing on the first day of January, 2010. In
addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to
Paragraph II, Subparagraphs D, E, and F.
V, Termination
Either party may terminate this Agreement at any time by giving the other at least sixty
(60) days notice in writing of such termination.
IN WITNESS WHEREOF:
ATTEST DATE
Carolyn . Chaney, Washingto Assistant
Kyle Hayes, City Manager
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RESOLUTION NO. 10-002
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute a one-year renewal
contract in the amount of$61,488,with an additional maximum of$4,000 for reimbursable
expenses, with Carolyn C. Chaney & Associates, Inc., to act as the City of Beaumont*s
Washington Assistant.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
January, 2010.
h
- Mayor Becky Ames -
a /W�
RESOLUTION NO.
WHEREAS, the City Council of the City of Beaumont approved Resolution 10-002
on January 12, 2010, authorizing the City Manager to execute a one-year renewal contract
in the amount of $61,488, with an additional maximum of $4,000 for reimbursable
expenses, with Carolyn C. Chaney and Associates, Inc., to act as the City of Beaumont's
Washington Assistant; and
WHEREAS, the name of Carolyn C. Chaney's firm has been changed to
CapitalEdge Advocacy, L.L.C.; and
WHEREAS, the City Council desires to execute a one year contract with
CapitalEdge Advocacy, L.L.C., in the amount of $61,488, with an additional maximum of
$4,000 for reimbursable expenses, to act as the City of Beaumont's Washington Assistant;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one-year renewal
contract in the amount of$61,488, with an additional maximum of$4,000 for reimbursable
expenses, with CapitalEdge Advocacy, L.L.C., to act as the City of Beaumont's
Washington Assistant.
BE IT FURTHER RESOLVED THAT Resolution No. 10-002 adopted on January 12,
2010, be and it is hereby revoked.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
January, 2010.
- Mayor Becky Ames -
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[117 Al 11 1�j C1 174(
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: January 26, 2010
REQUESTED ACTION: Council consider a resolution accepting lesser payment and
authorizing the release of a paving lien against property
described as 570 Royal Street, Lots 51 & 52, Block 6 of
Langham to Beaumont Addition, Beaumont, Texas.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The property described as Lots 51, 52, 53 & 54, Block 6 of Langham to Beaumont Addition has a
paving lien dated 4/10/1931 totaling$6,274.17 which represents$715.20 in principal and$5,558.97
in interest. Mary Guidry and Morris Senegal purchased Lots 51 & 52 on December 10, 1982,but
the lien was not discovered and cleared. Lots 53 & 54 were sold to Longshoreman's Local 1316 on
February 1, 1979 and we have no record that the lien was found at the time of this sale either.
According to Ms.Guidry's attorney Mel W. Shelander,this lien will greatly diminish the net balance
of a pending sale of the property and the elderly Guidry and Senegal need the money from the sell
to live on. We suggest that the lien payoff be calculated at half the original principal for two lots
instead of four and thru December 10, 1982 when the current owners purchased the property,a total
of$2,179.89 represented by $357.60 principal and $1,822.29 in interest.
BUDGETARY IMPACT
None.
IAN-12-2010 05:07P FROM:MEL SHELRNDEP, 4p9-833-3935 TO:8803113 P.2
Mel W. Shelander
Attorney at Law P.C.
245 N. Fourth
Beaumont, Texas 77701
(409) 833-2165
Fax (409) 833-3935
January 12, 2010
Linda Frank
Cash Management Via Fax # 880-3113
City of Beaumont
Dear Ms. Frank:
I represent Mary Guidry in a partition suit with her long time companion,Morris Senegal.
As part of the lawsuit,their commonly owned home at 570 Royal is being sold. (They lived
together like husband and wife,but it was not common law)
The 1931 pavement lien in the original amount of$715.20 has now surfaced. These
people purchased this property in 1982 and for some reason the lien didn't surface when they
purchased the property. They obviously had nothing to do with the pavement decisions made in
1931. This now$6,269.27 total has greatly diminished their net balance.
These 2 people are in their 70's and are on social security.
They really need this money to live on and to get back on their feet individually.
Please pass this on the City Council to see what, if any,relief they can do to this 79 year
old lien.
Sincerely,
-A� Z/4-1
Mel W. Shelander
MWS/ek
RESOLUTION NO.
WHEREAS, a paving lien dated April 10, 1931, in the amount of $6,274.17,
represented by $715.20 in principal and $5,558.97 in interest, exists against property
described as Lots 51, 52, 53 and 54, Block 6 of Langham to Beaumont Addition; and
WHEREAS, on December 10, 1982, Mary Guidry and Morris Senegal purchased
Lots 51 and 52, Block 6 of Langham to Beaumont Addition, and said paving lien was not
discovered and cleared at that time; and
WHEREAS, Mary Guidry and Morris Senegal are attempting to sell Lots 51 and 52,
Block 6 of Langham to Beaumont Addition and the net balance of the pending sale will be
greatly diminished by said lien; and
WHEREAS, the City recommends calculating the lien payoff for Lots 51 and 52,
Block 6 of Langham to Beaumont Addition at half the original principal and through
December 10, 1982, for a total payoff of $2,179.89, represented by $357.60 in principal
and $1,822.29 in interest.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the lien payoff for Lots 51 and 52, Block 6 of Langham to Beaumont Addition be and
it is hereby calculated at half the original principal and through December 10, 1982, for a
total payoff of $2,179.89, represented by $357.60 in principal and $1,822.29 in interest.
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
executed all documents necessary to evidence the release of the pavement lien in the
amount of $2,179.89 against the above described property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
January, 2010.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
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T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: January 26, 2010
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled Donald Jackson v. City of Beaumont, et al
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled Donald Jackson v. City of Beaumont, et a] in the amount of$65,000.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on January 19,
2010. The City Attorney is requesting authority to settle this suit.
BUDGETARY IMPACT
There are sufficient funds in the General Fund to pay the settlement amount.
RESOLUTION NO.
WHEREAS, the lawsuit styled Donald Jackson v. City of Beaumont, et al was
discussed in Executive Session properly called and held Tuesday, January 19, 2010; and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit styled
Donald Jackson v. City of Beaumont, et al;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Donald
Jackson v. City of Beaumont, et al for the sum of Sixty-Five Thousand Dollars ($65,000).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
January, 2010
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
1111c" (
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 26, 2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a financing agreement for the lease purchase of equipment for
use by the Solid Waste Division and the Fire Department
2. Consider authorizing the suspension of the effective date of Entergy Texas, Inc.'s
proposed rate increase to May 4, 2010
3. Consider authorizing the participation of the City of Beaumont with other Entergy
Texas, Inc., service area cities to intervene in proceedings before the Public
Utilities Commission of Texas for the calendar year 2010
4. Consider amending the FY 2010 Budget to appropriate funds in the Rita Recovery
Fund to be transferred to the Gustav Recovery Fund
5. Consider amending Section 21-75 of the Code of Ordinances related to authorized
positions in the Police Department
6. Consider authorizing the City Manager to apply for and accept grant funding
through the National Recreational Trails Fund in Texas administered by the Texas
Parks and Wildlife Department's (TPWD) Recreation Grants Branch
7. 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
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
John Smith v. The City of Beaumont, et al
Brandon Pickard v. City of Beaumont, Texas, et al
State of Texas v. James Edward Mathews, Jr.
City of Beaumont v. James Mathews
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
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. 4655 Buffalo
2. 3266 Case
3. 2830 Concord Road (Commercial Apts)
4, 2365 Cousins
5. 1035 Delaware
6. 1845 Delaware
7. 4292 Detroit Avenue
8. 1603 Earl
9. 1685 Earl
10. 4075 El Paso
11, 1040 Fairway and Shed
12. 450 E. Gill
13. 590 E. Gill
14. 620 E. Gill
15. 1857 Grand
16. 2710 Grand
17. 3130 Grand and Carport
18. 1450 Interstate 10 (Commercial) (Rear Auxiliary Building)
19. 1910 Ives
20. 1995 Ives
21. 310 Jeanette
22, 360 Jeanette
23. 422 Jeanette and Shed
24. 565 Jeanette
25. 324 La Salle
26. 2095 Leight
27. 2125 Leight
28. 150 Lethia and Shed
29. 370 Lethia
30. 2036 Linson
31. 2567 Linson
31 2155 E. Lucas Drive(Commercial)
33. 1960 Magnolia Avenue
34. 1990 Magnolia Avenue (Commercial)
35, 2610 Magnolia Avenue (Commercial)
36. 3233 Magnolia Avenue (Rear Garage Apartment)
37. 3421 Magnolia Avenue
38. 175 Manning
PUBLIC HEARING: Dangerous Structures
Page 2
39, 1635 Pauline and Shed
40. 2330 Pierce
41. 4197 Pine (Duplex)
42. 180 Pollard
43. 380 Pollard
44. 2300 Pope
45. 2033 Primrose
46. 670 Prince
47. 860 Prince
48. 3435 Quinn
49. 2180 Ratcliff
50. 2105 Renaud
51, 260 E. Simmons
52. 270 E. Simmons
53, 1030 Steve Drive
54. 3295 Taliaferro
55. 2365 Taylor and Garage
56. 2810 Virgil
57. 2820 Virgil
58. 3560 Youngstown
59, 3760 Youngstown
1
January 26, 2010
Consider approving a financing agreement for the lease purchase of equipment for use by the
Solid Waste Division and the Fire Department
RICH WITH OPPORTUNITY
icm
. �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer'�111
MEETING DATE: January 26, 2010
REQUESTED ACTION: Council consider approving a financing agreement for the
lease purchase of equipment for use by the Solid Waste
Division and the Fire Department.
RECOMMENDATION
The administration recommends award of a bid for a five (5)year financing agreement with a
fiscal interest rate of 2.73% to Chase Equipment Leasing of Columbus, Ohio for the purchase of
six (6) garbage trucks and one (1) Pierce fire truck.
BACKGROUND
The garbage trucks will be used by the Solid Waste Division to remove refuse from City
neighborhoods. The garbage trucks will replace units rendered unfit for continued use by age
and mileage. Purchase of twelve (12) garbage trucks was approved by Council on August 4,
2009 with Resolution No. 09-229. Six (6) of the garbage trucks were purchased directly and the
remaining six (6) will be financed by the lease purchase agreement.
The fire truck, a combination pumper and ladder truck, meets ISO standards for the area served
by Fire Station No. 5, 6375 Walden Road, where it will be located. Purchase of the fire truck
was approved by Council on August 25, 2009 with Resolution No. 09-250.
Bids were requested for a fixed interest rate to finance the total cost for five (5) years with the
first annual payment in arrears. The total cost of the equipment including finance costs will be
$2,468,143.59.
Financing Agreement
January 26,2010
Page 2.
Bids were requested from eighteen(18) vendors with seven (7) vendors responding with bids as
follow:
Financial Institution Location Interest Rate
Chase Equipment Finance, Inc. Columbus, OH 2.73 %
Bank of America Scottsdale, AZ 3.18 %
First Southwest Leasing Co. Dallas, TX 3.35 %
Carlyle Capital Markets, Inc Dallas, TX 3.72 %
Wells Fargo Securities, LLC Houston, TX 3.65 %
Capital One Bank Melville, NY 3.97 %
Baystone Financial Group Manhattan, KS 4.25 %
BUDGETARY IMPACT
An amortization schedule indicating the cost of the financing agreement is as follows:
Payment No. Principal Interest Payment Amount Purchase Option
1 $431,433.61 $62,195.11 $493,628.72 $2,304.404.11
2 $443,211.75 $50,416.97 $493,628.72 $1,897,192.36
3 $455,311.43 $38,317.29 $493,628.72 $1,441,880.93
4 $467,741.43 $25,887.29 $493,628.72 $974,139.49
5 $480,510.78 $13,117.93 $493,628.71 $493,628.72
TOTAL $2,278,209.00 $189,934.59 $2,468,143.59
Financing the total amount of$2,278,209.00 will result in a net cost of$189,934.59
The first annual payment of$493,628.72 will be due one (1) year after execution of the
agreement. The debt will be apportioned between the garbage trucks and the fire truck and
serviced by the Solid Waste Fund and Capital Reserve Fund, respectively.
BID TAB FOR: FIXED INTEREST RATE LEASE PURCHASE FINANCING AGREEMENT
BID NUMBER: MF1210-23
VENDOR Chase Equipment Finance Bank of America* CCMI
111 Polaris Parkway 14648 N.Scottsdale Rd 14755 Preston Rd
Columbus,OH Scottsdale,AZ Dallas,TX
OPTION 1a, 5 YEARS INTEREST RATE 2.73% 3.18% 3.72%
ALL EQUIPMENT
PRINCIPAL AMOUNT$2,278,209
OPTION 1b,5 YEARS INTEREST RATE 2.73%
SIX REFUSE TRUCKS ONLY
PRINCIPAL AMOUNT$1,445,712
OPTION 1c, 5 YEARS INTEREST RATE 2.73% 3.18%
AERIAL FIRE TRUCK ONLY
PRINCIPAL AMOUNT$832,497
OPTION 2a, 7 YEARS INTEREST RATE 3.15% 3.68% 4.29%
ALL EQUIPMENT
PRINCIPAL AMOUNT$2,278,209
OPTION 2b,7 YEARS INTEREST RATE 3.15% 3.68%
SIX REFUSE TRUCKS ONLY
PRINCIPAL AMOUNT$1,445,712
OPTION 2c, 7 YEARS INTEREST RATE 3.15% 3.68%
SIX REFUSE TRUCKS ONLY
PRINCIPAL AMOUNT$1,445,712
*Vendors non-compliant with requirements of bid package.
RESOLUTION NO.
WHEREAS, bids were received for a financing agreement for the purchase of six
(6) autocars with automated side loaders and one (1) Pierce fire truck for use by the Solid
Waste and Fire Departments; and,
WHEREAS, Chase Equipment Leasing, Columbus, Ohio, submitted a bid for a five
(5) year financing agreement with a fixed interest rate of 2.73%; and,
WHEREAS, City Council is of the opinion that the bid submitted by Chase
Equipment Leasing, Columbus, Ohio, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Chase Equipment Leasing, Columbus, Ohio, for a five (5) year
financing agreement with a fixed rate of 2.73% for a total amount of$2,468,143.59 for the
purchase of six (6) autocars with automated side loaders and one (1) Pierce fire truck for
use by the Solid Waste and Fire Departments be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
January, 2010.
- Mayor Becky Ames -
2
January 26,2010
Consider authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate
increase to May 4, 2010
RICH WITH OPPORTUNITY
[I 11EM A,11 1�1 C1 I W9(
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorne
MEETING DATE: January 26, 2010
REQUESTED ACTION: Consider an ordinance authorizing the suspension of the
effective date of Entergy Texas, Inc.'s proposed rate
increase to May 4, 2010.
RECOMMENDATION
Administration recommends approval of an ordinance authorizing the suspension of the effective
date of Entergy Texas, Inc.'s proposed rate increase to May 4, 2010.
BACKGROUND
On December 30, 2009, Entergy Texas, Inc. (Entergy) filed its Statement of Intent to increase
rates with each city that retains exclusive original jurisdiction over electric rates and services in
the Entergy service area. This proposal would increase rates an estimated $200 million annually.
An average residential customer using 1,000 kilowatt hours of electricity per month can expect a
$25.85 or 20.30% monthly increase under the Entergy rate increase proposal. In addition, city
municipal lighting service is proposed to be increased by about 10% above the current authorized
levels. Each city retaining exclusive original jurisdiction must make a determination regarding
F,ntergy's rate increase request or suspend the proposed effective date within thirty-five (35) days
of Entergy's filing or by February 3, 2010. If a timely determination is not made or the effective
date is not suspended, the rate increase proposed by Entergy would go into effect by operation of
law.
The proposed ordinance authorizes the suspension of the effective date of the proposed increase
to May 4, 2010. This would allow for the City to join with other cities in the Entergy service
area as a steering committee to combine efforts to review the rate filing package and participate
in the rate case filed before the Public Utility Commission of Texas. The ordinance also
authorizes the hiring of the Lawton Law Firm, P.C., to represent the steering committee and
requires the steering committee to seek reimbursement from the utility company for any rate case
expenses incurred.
BUDGETARYIMPACT
The reasonable expenses associated with these cases will be reimbursable by the company as they
have been in the past.
ORDINANCE NO.
ORDINANCE OF THE CITY OF BEAUMONT, TEXAS
AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR
AN ADDITIONAL NINETY (90) DAYS BEYOND THE FEBRUARY 3,
2010, EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS, INC.,
IN CONNECTION WITH ITS RATE INCREASE APPLICATION
ENTITLED "APPLICATION OF ENTERGY TEXAS, INC. FOR
AUTHORITY TO CHANGE RATES AND TO RECONCILE, FUEL
COSTS", FILED ON DECEMBER 30, 2009; AUTHORIZING THE
HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE
CITY'S PARTICIPATION TO "THE FULL EXTENT PERMITTED BY
LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS,
REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; FINDING THAT THE MEETING COMPLIES WI'T'H THE
OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE, SUBJF,CT, AND DECLARING AN
EFFECTIVE DATE
WHEREAS, on or about December 30, 2009 Entergy Texas, Inc. ("ETI") filed a
Statement of Intent with the City to increase electric rates in the ETI Service Area by
$198.7 million per year; and
WHEREAS, Cities have exclusive original jurisdiction over the rates, operations
and services of an electric utility in areas in the municipality pursuant to the Public
Utility Regulatory Act §33.001(a); and
WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory
authority to make a reasonable determination of rate base, expenses, investment and rate
of return and retain the necessary personnel to determine reasonable rates; and
WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking
proceedings shall be reimbursed by the Electric Utility under Public Utility Regulatory
Act § 33.023; and
WHEREAS, given the complexity of the proposed rate increase and the need to
fully review the proposed rate adjustment it is necessary to suspend the effective date for
implementing the proposed rates until at least May 4, 2010 in order to allow the City's
rate experts sufficient time to determine the merits of ETI's proposed rates; and
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing analyzing, and investigating ETI's $198.7 million rate increase request, City's
efforts will be coordinated with similarly situated municipalities through the Entergy
Texas, Inc. Cities Service Area Steering Committee; and
WHEREAS, the City will join with other ETI service area municipalities in a
steering committee in order to coordinate the hiring and direction of counsel and
consultants working on behalf of the steering committee and the City; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, THAT:
Section 1. That the statement and findings set out in the preamble to this
resolution are hereby in all things approved and adopted.
Section 2. The effective date of ETI's proposed rate increase, and the
proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days
until May 4, 2010 in order to complete the review and investigation by City's experts.
Section 3. The City is authorized to join with other municipalities as part of
the Entergy Texas, Inc. Service Area Steering Committee with the understanding that the
steering committee will provide direction and guidance to the lawyers who are
representing said cities.
Section 4. The City employs The Lawton Law Firm, P.C. to represent the
City with regard to the proposed rate increase of ETI before local and state regulatory
authorities and any court of law and authorizes counsel to employ such rate experts as are
recommended by the Cities' Steering Committee.
Section 5. The Steering Committee, shall review the invoices of the lawyers
and rate experts for reasonableness before submitting the invoices to ETI for
reimbursement.
Section 6. City's legal representatives shall have the right to obtain additional
information from ETI through the service of requests for information.
Section 7. ETI shall reimburse the City, through the designated representative
city of the Steering Committee, for the reasonable costs of attorneys and consultant and
expenses related thereto, upon the presentation of invoices reviewed by the Steering
Committee.
Section 8. The meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act, Texas
Government Code, Chapter 551.
Section 9. This Ordinance shall become effective from and after its passage.
PASSED AND APPROVED this 26th day of January, 2010.
- Mayor Becky Ames -
ATTEST:
Tina Broussard
City Clerk
3
January 26,2010
Consider authorizing the participation of the City of Beaumont with other Entergy Texas, Inc.,
service area cities to intervene in proceedings before the Public Utilities Commission of Texas
for the calendar year 2010
RICH WITH OPPORTUNITY
[I I'Lo A�11 1�1 C1 1'4(
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City AttorneyA�—
MEETING DATE: January 26, 2010
REQUESTED ACTION: Council consider a resolution authorizing the participation
of the City of Beaumont with other Entergy Texas, Inc.,
service area cities to intervene in proceedings before the
Public Utilities Commission of Texas for the calendar year
2010.
RECOMMENDATION
Administration recommends the adoption of a resolution authorizing the City of Beaumont to
participate with other Entergy Texas, Inc., service area cities and to intervene in proceedings filed
by Entergy Texas, Inc., before the Public Utilities Commission of Texas for the calendar year
2010.
BACKGROUND
Historically, the City of Beaumont has joined with other cities in the Entergy Texas, Inc., service
area in participating in proceedings before the Public Utilities Commission of Texas and various
other rate and fuel matters filed by Entergy. The City of Beaumont has, over the last several
years, adopted a similar resolution to the one proposed today and has participated in the various
cases filed by Entergy over the years. The purpose of this resolution is to authorize the City of
Beaumont to participate with other cities by intervening in the cases that the company has filed
and is expected to file in 2010. This participation is necessary to assure reasonable rates and
charges and fair competition to all customer classes.
BUDGETARY IMPACT
All reasonable expenses associated with these cases will be reimbursable by the company as they
have been in the past.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS,
AUTHORIZING PARTICIPATION WITH OTHER ENTERGY
SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY
TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS
AND THE FEDERAL ENERGY REGULATORY COMMISSION IN
2010
WHEREAS, Entergy Texas, Inc.'s ("ETI") implementation of customer choice
has ceased due to Senate Bill 1492 and ETI will continue to be regulated;
WHEREAS, changes to the Public Utility Regulatory Act addressing rates and
rate proceedings will have a direct impact on ETI and customer bills during the year;
WHEREAS, ETI is scheduled to litigate its request in various proceedings before
the Public Utility Commission, before municipalities, or before the Federal Energy
Regulatory Commission in 2010 related to various fuel cost surcharges and
reconciliations, capacity cost surcharges and reconciliations; and for any type of
incremental base rate adjustment proceedings or a cost of service adjustment;
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility
Commission in February and August 2010, and file other fuel proceedings during 2010 to
reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism,
along with various surcharge requests impacting rates;
WI IEREAS, ETI is scheduled to file a proceeding to determine the proper Texas
allocation of rough production cost equalization payments from Entergy Arkansas to be
refunded to Texas customers;
WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in
association with it Energy Efficiency Plan;
WHEREAS, Cities have the statutory right to set fair and reasonable rates for both
the Company and ratepayers within Cities;
WHEREAS, Cities have original jurisdiction over rates, operations, and services
of an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001,
WHEREAS, Cities have standing in each case before the Public Utility
Commission of Texas that relates to an electric utility providing service in the
municipality pursuant to T�.r. U7,iL. Code §33.025, and standing before each Federal
Energy Regulatory Commission case in which the City may be affected pursuant to 18
C.F.R. § 385.214;
WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable
rate case expenses to participate in cases that are deemed rate proceedings pursuant to
Tex. Util. Code § 33.023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, that:
SECTION 1. The City of Beaumont shall participate with other Cities to
intervene in ETI's various rate filings related to the various fuel cost surcharges and
reconciliations, capacity cost surcharges and reconciliations, the allocation and refund of
rough production cost equalization payments, and for any base rate adjustment
proceedings or cost of service adjustments on file with the Public Utility Commission or
with municipalities in 2010 and seek appropriate regulatory scrutiny in any case on file at
the Federal Energy Regulatory Commission affecting the City and its residents.
The City of Beaumont shall participate with other Cities to intervene in fuel or
fuel related proceedings at the Public Utility Commission and the Federal Energy
Regulatory Commission on file in 2010 concerning ETI's rates charged to Texas
customers.
All such actions shall be taken pursuant to the direction of the Cities' Steering
Committee. Cities' Steering Committee shall have authority to retain rate consultants
and lawyers. Cities' Steering Committee shall direct the actions of Cities' representatives
in the above proceedings. The Steering Committee is directed to obtain reimbursement
from ETI of all reasonable expenses associated with participation in said proceedings.
SECTION 2. This resolution shall be effective from and after the date of its
passage.
PASSED by vote of the City Council of' the City of
Beaumont, Texas, this 26th day of January, 2010.
THE CITY OF BEAUMONT, TEXAS
By: _
Mayor Becky Ames
ATTEST:
Tina Broussard, City Secretary
APPROVED AS TO FORM:
4
January 26,2010
Consider amending the FY 2010 Budget to appropriate funds in the Rita Recovery Fund to be
transferred to the Gustav Recovery Fund
id a;.13 ILL'S I I6 0'F'1 T,
IIIE7A,[11�1 [1
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Office
MEETING DATE: January 26, 2010
REQUESTED ACTION: Council consider amending the FY 2010 Budget.
RECOMMENDATION
Administration recommends that Council amend the FY 2010 Budget to appropriate $179,966 in
the Rita Recovery Fund to be transferred to the Gustav Recovery Fund.
BACKGROUND
As a result of the planning and evacuation for Hurricane Gustav in August of 2008,the City incurred
$1,220,230 in costs and recovered all but $179,996 through reimbursements from FEMA. The
Gustav Recovery Fund is ready to be closed out and in order to do so, a transfer is required to offset
the negative fund balance. �
BUDGETARYIMPACT
Although the City has ongoing projects related to Hurricane Rita, monies are available in the Rita
Recovery Fund to cover this transfer.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE
CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO TRANSFER
$179,966 FROM THE RITA RECOVERY FUND TO THE GUSTAV
RECOVERY FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October
1, 2009, through September 30, 2010, be and the same is hereby amended to appropriate
and transfer the sum of$179,966 from the fund balance of the Rita Recovery Fund to the
Gustav Recovery Fund.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
January, 2010.
- Mayor Becky Ames -
5
January 26, 2010
Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in
the Police Department
RICH WITH OPPORTUNITY
1EM
► (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police L
MEETING DATE: January 26, 2010
REQUESTED ACTION: Request Council's consideration to amend Section 21-75 of
the Code of Ordinances relating to authorized positions in
the Police Department.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Weldon Dunlap retired from the Police Department after 40 years of service, with his most recent
position as that of Assistant Chief. That position is now vacant. We are asking that City Council
eliminate the position of Assistant Chief so that the Police Chief can work closer with the three
Captains. This is possible at this time without compromising the efficiency of the organization.
This would change the total number of positions in the department from 264 to 263.
BUDGETARY IMPACT
This would result in a savings of approximately $125,000 on an annual basis..
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF
THE CODE OF ORDINANCES TO ELIMINATE THE
POSITION OF ASSISTANT CHIEF IN THE BEAUMONT
POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR REPEAL.
Section 1.
That Chapter 21, Section 21-75, of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to read as follows:
Sec. 21-75. Grades and Classifications - Police Department.
The following grades and classifications are hereby established within
the police department:
Grade Classification Positions
I Officers 204
II Sergeants 41
Ilf Lieutenants 15
IV Captains 3
Total 263
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
January, 2010.
- Mayor Becky Ames -
6
January 26,2010
Consider authorizing the City Manager to apply for and accept grant funding through the
National Recreational Trails Fund in Texas administered by the Texas Parks and Wildlife
Department's (TPWD) Recreation Grants Branch
RICH WITH OPPORTUNITY
r
C .
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: January 26, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and accept grant funding through the National Recreational
Trails Fund in Texas administered by the Texas Parks and
Wildlife Department's (TPWD) Recreation Grants Branch.
RECOMMENDATION
Administration recommends authorizing the City Manager to submit an application and to accept
grant funds through the Texas Recreational Trails Grant.
BACKGROUND
The Texas Recreational Trails Grant is funded through the National Recreational Trails Fund
from a portion of federal gas taxes paid on fuel used in non-highway recreational vehicles. The
grant program is administered by TPWD's Recreation Grants Branch and are made available to
local government entities.
The Recreational Trails Grant funds can be spent on the construction of new recreational trails
and to improve existing trails. The grant is on a cost reimbursement basis. Project sponsors
must initiate their approved projects with their own funds and be reimbursed up to 80% of
allowable costs. Individual trail grants can range from $4,000 to $200,000.
If approved, the Recreational Trails Grant will be used for Walking Trail Improvements at Klein
Park. Improvements proposed have an estimated cost of$167,000. Based on the terms of the
grant, up to $133,600 of these costs would be reimbursable.
BUDGETARY IMPACT
The grant reimburses up to 80% of allowable project costs up to a maximum of$200,000.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive grant
funding through the Texas Recreational Trails Grant Program, funded through the National
Recreational Trails Fund and administered by the Texas Parks and Wildlife Department's
Recreation Grants Branch, in an amount up to $200,000 for walking trail improvements at
Klein Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
January, 2010.
- Mayor Becky Ames -
7
January 26, 2010
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
RICH WITH OPPORTUNITY
11cm ► �
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: January 26, 2010
REQUESTED ACTION: City Council, after conducting a public hearing, consider an
ordinance to declare the following fifty-nine(5 9)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.
1. 4655 Buffalo 11. 1040 Fairway and Shed
2. 3266 Case 12. 450 E. Grill
3. 2830 Concord Rd (Commercial Apts) 13. 590 E. Gill and Garage
4. 2365 Cousins 14. 620 E. Grill and Shed
5. 1035 Delaware 15. 1857 Grand and Shed
6. 1845 Delaware 16. 2710 Grand (1)
7. 4292 Detroit Avenue 17. 3130 Grand and Carport
8. 1603 Earl 18. 1450 Interstate 10 (Commercial Aux Bld)
9. 1685 Earl 19. 1910 Ives
10. 4075 El Paso 20. 1995 Ives
(#) Indicates number of times structure has been enrolled in work program.
Continued
21. 310 Jeanette 41. 4197 Pine (Duplex)
22. 360 Jeanette 42. 180 Pollard and Carport/Shed
23, 422 Jeanette and Metal Shed 43. 380 Pollard
24. 565 Jeanette and Shed 44. 2300 Pope
25. 324 La Salle 45. 2033 Primrose
26. 2095 Leight 46. 670 Prince
27. 2125 Leight 47. 860 Prince
28. 150 Lethia and Shed 48. 3435 Quinn
29. 370 Lethia and Shed 49. 2180 Ratcliff'
30. 2036 Linson 50. 2105 Renaud
31. 2567 Linson 51. 260 E. Simmons
32. 2155 E. Lucas (Commercial) 52. 270 E. Simmons
33. 1960 Magnolia Avenue 53. 1030 Steve Drive
34. 1990 Magnolia Avenue (Commercial) 54. 3295 Taliaferro
35. 2610 Magnolia Avenue (Commercial) 55. 2365 Taylor and Garage
36. 3233 Magnolia Avenue (Garage Apt) 56. 2810 Virgil
37. 3421 Magnolia Avenue 57. 2820 Virgil
38. 175 Manning 58. 3560 Youngstown
39. 1635 Pauline and Shed 59. 3760 Youngstown
140. 2330 Pierce
(*) Indicates number of times structure has been enrolled in work program.
RECOMMENDATION
Administration recommends City Council condemn these fifty-nine(59)structures and order the owner
to raze within ten (10) days. 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.
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.
These structures are located within the Neighborhood Stabilization Program's target area. The
purpose of this grant is to eliminate dangerous and blighted conditions in an effort to stabilize the
housing market.
BUDGETARY IMPACT
Cost of demolition is to be funded from the Neighborhood Stabilization Program.
ORDINANCE NO.
ENTITLED AN ORDINANCE FINDING CERTAIN
STRUCTURES TO BE PUBLIC NUISANCES AND
ORDERING THEIR DEMOLITION AND REMOVAL OR
REPAIR; PROVIDING FOR SEVERABILITYAND 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:
1. 4655 Buffalo 20. 1995 Ives
2. 3266 Case 21. 310 Jeanette
3. 2830 Concord Rd (Commercial Apts) 22. 360 Jeanette
4. 2365 Cousins 23. 422 Jeanette and Metal Shed
5. 1035 Delaware 24. 565 Jeanette and Shed
6. 1845 Delaware 25. 324 La Salle
7. 4292 Detroit Avenue 26, 2095 Leight
8. 1603 Earl 27. 2125 Leight
9. 1685 Earl 28. 150 Lethia and Shed
10. 4075 El Paso 29. 370 Lethia and Shed
11. 1040 Fairway and Shed 30. 2036 Linson
12. 450 E. Gill 31. 2567 Linson
13. 590 E. Gill and Garage 32. 2155 E. Lucas (Commercial)
14. 620 E. Gill and Shed 33. 1960 Magnolia Avenue
15. 1857 Grand and Shed 34. 1990 Magnolia Avenue (Commercial)
16. 2710 Grand 35. 2610 Magnolia Avenue (Commercial)
17. 3130 Grand and Carport 36. 3233 Magnolia Avenue (Garage Apt)
18. 1450 Interstate 10 (Commercial Aux Bld) 37. 3421 Magnolia Avenue
19. 1910 Ives ::::: 38. 175 Manning
39. 1635 Pauline and Shed 50. 2105 Renaud
40. 2330 Pierce 51. 260 E. Simmons
41. 4197 Pine (Duplex) 52. 270 E. Simmons
42. 180 Pollard and Carport/Shed 53. 1030 Steve Drive
43. 380 Pollard 54. 3295 Taliaferro
44. 2300 Pope 55. 2365 Taylor and Garage
45. 2033 Primrose 56. 2810 Virgil
46. 670 Prince 57. 2820 Virgil
47. 860 Prince 58. 3560 Youngstown
48. 3435 Quinn 59. 3760 Youngstown
49. 2180 Ratcliff
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 XVII, 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 following described buildings demolish and remove said
structures within ten (10) days of the effective date of this ordinance.
1. 4655 Buffalo 6, 1845 Delaware
2. 3266 Case 7. 4292 Detroit Avenue
3. 2830 Concord Rd (Commercial Apts) 8. 1603 Earl
4. 2365 Cousins 9. 1685 Earl
5. 1035 Delaware 10. 4075 El Paso
11. 1040 Fairway and Shed 36. 3233 Magnolia Avenue (Garage Apt)
12. 450 E. Gill 37. 3421 Magnolia Avenue
13. 590 E. Gill and Garage 38. 175 Manning
14, 620 E. Gill and Shed 39. 1635 Pauline and Shed
15. 1857 Grand and Shed 40. 2330 Pierce
16. 2710 Grand 41. 4197 Pine (Duplex)
17. 3130 Grand and Carport 42. 180 Pollard and Carport/Shed
18. 1450 Interstate 10 (Commercial Aux Bld) 43. 380 Pollard
19. 1910 Ives 44. 2300 Pope
20. 1995 Ives 45. 2033 Primrose
21. 310 Jeanette 46. 670 Prince
22. 360 Jeanette 47. 860 Prince
23. 422 Jeanette and Metal Shed 48. 3435 Quinn
24. 565 Jeanette and Shed 49. 2180 Ratcliff
25. 324 La Salle 50. 2105 Renaud
26. 2095 Leight 51. 260 E. Simmons
27. 2125 Leight 52. 270 E. Simmons
28. 150 Lethia and Shed 53. 1030 Steve Drive
29. 370 Lethia and Shed 54. 3295 Taliaferro
F3233 . 2036 Linson 55. 2365 Taylor and Garage
. 2567 Linson 56. 2810 Virgil
. 2155 E. Lucas (Commercial) 57. 2820 Virgil
33. 1960 Magnolia Avenue 58. 3560 Youngstown
34. 1990 Magnolia Avenue (Commercial) 59. 3760 Youngstown
35. 2610 Magnolia Avenue (Commercial)
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 26th day of
January, 2010.
- Mayor Becky Ames -