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HomeMy WebLinkAboutPACKET JUN 08 2010 RICH WITH OPPORTUNITY 11 E A,U'1'4'0 N* T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 8,2010 1:30 P.M. CONSENT AGENDA * Approval of minutes - May 25, 2010 * Confirmation of committee appointments A) Approve a resolution to write-off uncollectible delinquent accounts B) Approve an annual contract for temporary personnel services C) Authorize the trade-in of two Allianz-Madvac MT350 street sweepers and the purchase of two Allianz 4000 street sweepers D) Approve a resolution accepting the Phelan Boulevard Extension Sidewalk Project E) Authorize the City Manager to execute a Lease Agreement for the EMS Division F) Authorize the City Manager to execute a letter of understanding for bottled water during a declared disaster A RICH WITH OPPORTUNITY BEAUMON* T • S • X e A • s City Council Agenda Item TO: City council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible delinquent accounts. RECONDIENDATION The administration requests approval of a resolution to write-off uncollectible delinquent accounts totaling$96,600.43 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. Accounts included are for transactions between 2008 and 2009 and collection efforts have been unsuccessful. A summary by receivable type is shown below. 1. EMS Ambulance Charges-$85,305.00 These charges from ambulance transports include umnsut ed claims or co-pay and deductibles that the customer should be responsible for. The original charge dates range from 2005 to 2008 and accounts have been uncollectible for at least one year. 2. Weed Abatement Charges- $11,295.43 Charges included in this total were sent to the collection agency in 2007 and 2008. These accounts are difficult to collect because of limited owner information. If at any time an account becomes collectible after having been written ofC the receivable of the City shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. BUDGETARY EWPACT None 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$96,600.43 forwhich each individual account exceeds$1,000, as shown on Exhibit "A" attached hereto: EMS Ambulance Charges $85,305.00 Weed Abatement Charges $11,295.43 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - City of ft aumont Write off Request for A/R accounts$1000 and over through 3/31/2009 Weed Abatement Charges 11,M.43 EMS 85,305.00 Total 96,60OA3 EXHIBIT "A" City of Beaumont Write off Request for A/R accounts$1000 and over through 3/31/2009 Name Amount ALEX,EDWARD ESTATE Total 1,056.96 ARCELLA Total 1,126.60 CROSLAND EUGENE L Total 1,090.50 GILES DOLORES Total 1,360.05 ROUSE HELENE E Total 1,643.75 SIMMONS JAMES Total 1,174.13 TERRELL LAVERT BLANCHETT Total 1,200.00 WASHINGTON SARAH Total 1,M40 WIRES MIKE ET UX Total 1,603.94 Grand Total 11,295.43 CITY OF BEAURMT Write off Request for EMS accounts$100o and over through 3131/2009 Customer TTOtEd ALVEREZ,HERBERT Total 2,45D•00 BARNETT,CONSTANCE Total 1,210.00 BREVIK,JOHN Tout 1.10000 BROWN,ASHLEY Total 1,840.00 BULLOCK,CAROL Total I.MD.00 CARMOUCHE,LANCE Total 1,270.00 CHAVIS,CALLIE Total 1,440.00 COLLINGSWORTH,BILLY Total 1,7eo.00 COOK,RODNEY Total 1,070.00 CORMIER,COLBY Total 1,ew.00 COSORWF,JULIANN Total 1,88000 FOXWORTH,MICHAEL Total 1,120.00. FRANCIS,VERNIS Total 1,280.00 GARNER,ASHLEY Total 1,300.00 HARRISON,MONMF.MICHE Total 1,100.00 HENDERSON,SHARINATotal 1,900.00 HOWARD,MICHAEL Total 1,mo-0 MOLE,EDWIN Total 1,430.00 JACK,CODNEETO Total 1,890.00 JINKERSON,STEPHANIE Total 1,27D.00 KANZAIB,ABDUL Total 1,9m.00 KAYSERR-FERMAN,JESSICA Total 1,1800o KNUMED,MYRTLE Total 1.2ro•0 KiRKPATRICK,CINDY Total 1,100.00 L.E1M8,JOSEPH Total 1,810.00 LEM,LEKEISHA Total 2,410.00 LIVING,JUSTIN`Total 1,19000 LOVE,SUSAN Total 31339.00 MADI OK GLORIA Total 1,2W o0 MANN,LINDA Total 1;eeo.00 MATTE,BURLINE Total 1,410.00 MCCRAY,ESONEY Total 1,038.00 MCDANIEt,JOSHUA Total 1.28000 MCSWEEN,OMER Total 1,200.00 MEZA,JOHNNY Total 1,200.00 MIRE,RAICOBI Total 1,300.00 MITCHELL,BRODERICK Total 1,180.00 MUSSLEVIIHI E,BRIAN Total 1,290.00 NEELY,MARY Total 1.45MOO OSBORN,VK30 Total 1,170.00 PERKINS,JUSTIN Total 1.310.00 POLMDORE,HERBERT Total 1,270.00 RHINE,TINA Total 1,300.00 RILEY,LYDIA DELL Total t.xr0.00 SAM,SHIRLEY Totaf 1.22000 SEGURA,RAY KENLY Total 1.280.Q0 SENEGAL,DELLA SUE Total 1.289.00 SMITH,BARBARA DONAHUE Total 1,2so.00 SUNIGA,ISAAC Total 1.240•0D TORAN,JACKIE Total 1,180.00 WALLER,KRISTY Total 1,18100 WELCH,KATHERINE Total 1,210.00 WHITAKER,REGINALD LEE Total 1.270.00 WILLIAMS,RAMONA Tom 1,260.00 WILSON,CANDACE Total 1,310.00 WILSON,NICOLE Total . 1,990.00 WOODS,TERRY Total 3,w0.00 YOUNG,TAMMY Total 1,280.00 Grand Total 85,30s.00 B RICH WITH OPPORTUNITY [1EA,[1140N* T • E x • A • s Ci Council Agenda Item ty TO: City Council FROM: Kyle Hayes, City Manager t� PREPARED BY: Laura Clark, Chief Financial Officer ll� MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider authorizing the award of an annual contract for temporary personnel services. RECOMMENDATION Administration recommends the award of a contract to Advance Staffing, Inc., of Beaumont, in the amount of approximately $45,250, and to Personnel Staffing, Inc., of Beaumont, in the amount of approximately $45,390. BACKGROUND Thirteen (13) companies submitted bids for an annual contract to provide temporary employees to fill positions such as clerical positions; skilled and unskilled laborers, equipment operators, and Licensed Vocational Nurses (LVN). Temporary employees are necessary for various job positions throughout the City when vacancies occur due to events such as medical leave, vacations, or short term projects. Specifications for the contract require temporary staffing agencies to provide pre-screened and qualified individuals on an on-call and as-needed basis. Temporary employees must pass a drug screen and a criminal background search prior to being assigned to the City. The contract specifications requested firm hourly prices inclusive of wages, benefits, testing, screening, workers compensation, taxes, and agency fees. Administration recommends awarding the contract for Skilled and Unskilled Labor, and Clerical I and II positions to Personnel Staffing, Inc., at the hourly rates indicated below. This agency is a current contractor and has consistently provided pre-screened, qualified individuals to fill frequent temporary positions during its contract with the City. Temporary Personnel Services June 8, 2010 Page 2 Administration recommends awarding the contract for Equipment Operator I and 11, and LVN to Advance Staffing, Inc. at the hourly rates indicated below. This agency is also a current contractor and has consistently provided pre-screened,qualified individuals to fill frequent temporary positions during its contract with the City. Rates quoted for the new contract total approximately $3,840 less than those of the current contract. Vendor Unskilled Skilled Office I Office II Equipment Equipment LVN Labor Labor Operator I Operator II Hourly Hourly Hourly Hourly Hourly Hourly Hourly Rate Rate Rate Rate Rate Rate Rate Personnel Staffing $11.14 $11.83 $10.87 $11.55 $17.87 $20.01 $21.00 Beaumont,TX Advance Staffing $12.15 $13.50 $11.05 $12.35 $14.85 $16.20 $20.25 Beaumont,TX American Personnel $11.20 $13.90 $11.40 $13.60 $18.00 $19.50 NO BID Beaumont,TX Link Staffing $12.35 $27.00 $11.74 $18.00 $20.35 $25.50 NO BID Houston,TX Lofton Staffing $16.90 $17.89 $17.14 $18.10 $20.16 $23.04 $23.80 Beaumont,TX Advantage Staffing $11.28 $13.02 $10.25 $12.31 $1.45 $20.23 NO BID Beaumont,TX Eagle Pro Staffing $10.50 $12.60 $11.20 $14.00 $14.00 $19.60 NO BID Beaumont,TX Complete Staffing NO BID NO BID $12.24 $16.32 NO BID NO BID NO BID Beaumont,TX Cooper Staffing NO BID NO BID $12.42 $13.80 NO BID NO BID NO BID Beaumont,TX Silver&Associates $13.89 $15.63 $12.50 $13.89 $20.15 $24.06 $23.52 Houston,TX US Tech Solutions $23.00 $25.00 $20.00 $24.00 $27.00 $32.00 $27.00 Jersey City,NJ Lead Staffing NO BID NO BID $20.25 $26.75 NO BID NO BID $37.00 West Covina,CA Able Body Labor $12.16 $12.16 $12.16 $15.20 $15.20 $18.27 NO BID Henderson,NV BUDGETARYIMPACT Funds are included in each Department/Division's operating budget for temporary personnel. RESOLUTION NO. WHEREAS, bids were solicited for an annual contract to provide temporary personnel services; and, WHEREAS, Personnel Staffing, Inc., and Advance Staffing, Inc., of Beaumont, Texas, submitted bids for the categories and at the hourly rates shown below: Vendor Unskilled Skilled Office I Office II Equipment Equipment LVN Labor Labor Operator I Operator II Hourly Hourly Hourly Hourly Hourly Hourly Hourly Rate Rate Rate Rate Rate Rate Rate Personnel Staffing $11.14 $11.83 $10.87 $11.55 Beaumont,TX Advance Staffing $14.85 $16.20 $20.25 Beaumont,TX and, WHEREAS, City Council is of the opinion that the bids submitted by Personnel Staffing, Inc., and Advance Staffing, Inc., of Beaumont, Texas, as shown above should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids submitted by Personnel Staffing, Inc., and Advance Staffing, Inc., of Beaumont, Texas, for an annual contract to provide temporary personnel services for the categories and at the hourly rates shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - c RICH WITH OPPORTUNITY IIEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 1� PREPARED BY: Tom Warner,Director, of Public Works MEETING DATE: June 8, 2010 REQUESTED ACTION: City Council authorize the trade-in of two Allianz—Madvac MT350 street sweepers and the purchase of two Allianz 4000 street sweepers from Allianz and Hi-Way Equipment. i RECOMMENDATION: Administration recommends City Council authorize the trade-in of two Allianz—Madvac MT350 street sweepers and the purchase of two Allianz 4000 street sweepers from Allianz and Hi-Way Equipment in the amount of$95,432. BACKGROUND In April of 2008,the City of Beaumont purchased two Allianz-Madvac Model MT350 mechanical street sweepers from Hi-Way Equipment of Houston. The units were purchased to replace two aging Elgin Eagle sweepers that were requiring excessive maintenance and repair. The Allianz units were purchased based on their performance in a sweeping demonstration, conducted in Beaumont by Hi-Way Equipment and Allianz-Madvac representatives. Almost immediately after the units were placed in service they began to have problems with the air control system,which rendered the machines unusable. These problems continued for several months. Hi-Way Equipment performed repeated repairs,to both sweepers,under the terms of the warranty. As the units were approaching the end of their first year in service and the end of the warranty term,Hi-Way was approached to resolve the need for constant repairs. At this point Fleet Management and Hi-Way agreed that the City was losing 20 to 25%of the sweepers availability, outside of normal repair and maintenance. An Allianz representative was sent to Beaumont to direct a new round of repairs and a new system was installed that was intended to address the ongoing problem. An additional one-year warranty period was extended by Allianz to the City in recognition of the chronic nature of the equipment failures. The sweepers continued to have problems with the new system and in December of 2009, the Vice President of Sales for Allianz-Madvac Corporation was contacted. In the letter,Allianz was requested to buy back the machines from the City of Beaumont or exchange the units for comparable, trouble-free,proven units. A subsequent meeting was held with representatives from Allianz and Hi-Way Equipment and it was agreed that a demonstrator unit would be provided to the City temporary use and evaluation. The unit provided was a 2007 model Allianz 4000 mechanical sweeper, of which there are several hundred in service around the country. It is a comparable unit and is priced slightly higher on the HGAC contract than the Allianz MT350. The Streets &Drainage Division has used this sweeper for approximately three months and is satisfied with the unit. Additionally, Streets &Drainage has indicated that the sweeper has greatly improved the productivity and quality of the sweeping program. After notifying Allianz and Hi-Way Equipment that the Allianz 4000 was an acceptable unit, they were requested to submit a proposal for the exchange and purchase of the sweepers. The proposal received from the companies was to trade-in the MT 350 Models and purchase the Allianz 4000 demo unit and a new Allianz 4000 at a cost to the City of$95,432. The demo unit would be sold to the City for$12,000 and the new unit for$83,420. The normal cost for an Allianz 4000 sweeper is $198,465 each. Due to the number of failures associated with the MT350 sweepers and the expiration of their warranty term, the City will begin absorbing substantial repair costs for the remaining life of the sweepers. Currently,both MT350 sweepers are in need of extensive repairs to the conveyor system. The repairs will cost approximately$16,000.00 and are not covered by warranty. BUDGETARY IMPACT Funds for the purchase are available in the Fleet Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby authorizes the trade-in of two (2) Allianz-Madvac MT350 street sweepers and the purchase of two(2)Allianz 4000 street sweepers from Allianz and Hi-Way Equipment in the amount of$95,432. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - D RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 'f W PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider a resolution accepting the Phelan Boulevard Extension Sidewalk Project. RECOMMENDATION The Administration recommends acceptance of the Phelan Boulevard Extension Sidewalk Project, approval of Change Order No. 1 in the amount of($2,619.29) and final payment in the amount of$4,408.26 to L.D. Construction. BACKGROUND On October 13, 2009, City Council awarded L.D. Construction. the contract for the Phelan Boulevard Extension Sidewalk Project for an amount of$90,784.50. This project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents. Change Order No. 1 in the amount of($2,619.29) is required to adjust the quantities actually used during the performance of the project, decreasing the contract amount to $88,165.21. The MBE participation will not be required because the general contractor has been certified as a Minority Business Enterprise. BUDGETARYIMPACT Funds are available through the Capital Program. CITY OF BEAUMONT DATE: May 13,2010 PROJECT: Phelan Boulevard Extension Sidewalk Project OWNER: City of Beaumont CONTRACTOR: L.D.CONSTRUCTION CHANGE ORDER NO.: 1 &FINAL Adjusting the estimated quantities to match final quantities used during the performance of the project. ORIGINAL CONTRACT AMOUNT: $90,784.50 NET FROM PREVIOUS CHANGE ORDER: $90,784.50 TOTAL AMOUNT OF THIS CHANGE ORDER: ($2,619.29) PERCENT OF THIS CHANGE ORDER: (2.90%) TOTAL PERCENT CHANGE ORDER TO DATE: (2.90%) NEW CONTRACT AMOUNT: $88,165.21 ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBERT,CITY ENGINEER TOM WARNER,DIRECTOR OF PUBLIC WORKS KYLE HAYES,CITY MANAGER ATTESTED BY: TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on October 13, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-320 awarding a contract in the amount of $90,784.50 to L.D. Construction, Beaumont, Texas, for the Phelan Boulevard Extension Sidewalk Project; WHEREAS, Change Order No. 1 in the amount of($2,619.29) is required to adjust the quantities actually used during the performance of the project, thereby decreasing the contract amount to $88,165.21; 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 ($2,619.29), thereby decreasing the contract amount to $88,165.21. BE IT FURTHER RESOLVED THAT the Phelan Boulevard Extension Sidewalk Project be and the same is hereby accepted.' BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$4,408.26 to L.D. Construction. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - E RICH WITH OPPORTUNITY BEA,U'M'mON* T • E x • • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Lease Agreement for the EMS Division. RECOMMENDATION Administration recommends authorizing the City Manager to execute a three (3)year Lease Agreement with Jacquelyn Cake and Colin M. Sheppard(Landlord), for the use of property located at 2510 North I I' Street, Suite "A"and one-third(1/3) of the adjacent parking lot, Beaumont, Texas. BACKGROUND EMS Med No. 1 has operated at 2510 North 111h Street, Suite"A", since October 1991. This 1,964 square foot facility is staffed on a 24-hour, 7-days-per-week basis to provide emergency medical response to the Central and Northeast portions of the City. The current three year lease will expire on June 30, 2010. The Landlord has agreed to enter into a new three (3)year lease at the same rate of$1,425.00 per month. The new lease will commence on July 1, 2010 and expire on June 30, 2013. All other provisions of the lease will remain the same. The Landlord will maintain the major building components, such as the roof and foundation, exterior doors and walls, electrical and plumbing systems, and major components of the heating and air conditioning systems. Water and garbage service is included in the rent payment. The City will be responsible for paying telephone and electricity services, and for miscellaneous painting, minor repairs, air conditioner filters and minor plumbing repairs. Ingrid Holmes, Public Health Director, approves of the terms of the proposed new lease. A copy of the proposed lease in its substantial form is attached for your review. BUDGETARYIMPACT Funds for this lease are available in the Public Health EMS operating budget. 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 a three (3) year lease agreement, commencing on July 1, 2010 and expiring on June 30, 2013, with Jacquelyn Cake and Colin Sheppard(Landlords)for$1,425.00 per month for property located at 2510 North 11th Street, Suite "A,° and one-third (1/3) of the adjacent parking lot, Beaumont, Texas, for operation of EMS Med Station No. 1. The lease agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - I THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT This Lease Agreement is made and entered into by and between Jacquelyn Cake,of Steinhatchee, Florida(PrirnaW.and Colin M. Shetmard.Berea,Ohio(Secondary_hereinafter called"Landlord," and The City of Beaumont,of Jefferson County:Texas ,hereinafter called"Tenant." In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration, Landlord does hereby demise and lease to Tenant,and Tenant does hereby lease from Landlord,certain real property and improvements thereon at 2510 North I I" Street, Suite"A". and one-third(1/3)of the adlppentpaxkinQ lot located in the City of Beaumont,hereinafter called the "leased premises." ARTICLE 1. TEtt1Vi OF LEASE 1.1 The term of this Lease shall be for a period of three(3)Years,commencing on J y 1.20 10 and ending at 11:59 p.m.on June 39,2013 ,unless sooner terminated as herein provided. ARTICLE 2. RENT 2.1 Tenant agrees to pay to Landlord rent in monthly installments of One Thousand Four Hundred and Twenty-Five Dollars and No Cents($1,425.00) each,with the first such installment being due and payable on July 1,2010 and a like installment of rent being due and payable on the first(I st)day of each calendar month thereafter. 2.2 All rent payable hereunder shall be paid to Landlord by mailing to the address shown, direct payment,or such other place or places as Landlord may from time to time designate in writing to Page 1 of 6 EXHIBIT "A" Tenant,to: Ms. Jacquelyn Cake P.O. Box 397 Steinhatchee,FL 32359 ARTICLE 3. BUSINESS 3.1 Tenant shall operate the leased premises only for the use and purposes for which it is let, to-wit:Municipal uses: Tenant will comply,and will cause its employees,agents and invitees to comply, with all applicable laws and ordinances and with all rules and regulations of governmental agencies. ARTICLE 4. MAINTENANCE AND SURRENDER 4.1 Landlord shall repair and maintain in good condition the roof, foundation,exterior doors, exterior walls, electrical and plumbing systems,major components of the heating and air conditioning systems,the adjacent driveways and parking lot of the leased premises;provided, however,Landlord shall not be obligated to perform any maintenance,repairs or replacements made necessary by the negligence of Tenant or Tenant's agents,employees or invitees,which maintenance,repairs or replacements shall be performed by Tenant at Tenant's sole cost and expense. All other repairs, maintenance and replacements necessary to maintain the leased premises in good condition,not specifically allocated to the Landlord in this Article 4, shall be made by Tenant at Tenant's sole cost and expense,including without limitation air conditioner filters,stopped up plumbing lines,and janitorial services. All maintenance,repairs and replacements shall be made promptly by the party responsible as and when necessary. 4.2 Tenant shall throughout the Lease term maintain the leased premises in an orderly condition as provided above and keep them free from waste or nuisance. At the termination of this Lease,Tenant shall deliver up the leased premises in a clean and sanitary condition in good repair and condition,reasonable wear and tear and damage by fire, tornado or other casualty,not caused through the Page 2 of 6 fault of Tenant or any of Tenant's agents,invitees or employees,only excepted. 4.3 Landlord will conduct a move-out inspection of the premises when Tenant vacates and i the cost of any damage repairs above reasonable wear may be billed to Tenant. 4.4 If Tenant fails to pay lease or other amount owed for a period of thirty(30)days,or if Tenant abandons the building,then Landlord may terminate the Lease Agreement with or without demand for performance by giving Tenant thirty(30)days written notice to vacate,and Landlord may be entitled to possession by eviction suit. Notice may be mailed or personally delivered to Tenant. ARTICLE 5. OBLIGATIONS OF LANDLORD AND TENANT 5.1 The monthly rental amount stated in Article 2.1 above includes payments for water and garbage services. Tenant shall be responsible for the payment of telephone and electricity services. 5:2 Tenant shall pay all personal property if any,imposed on the equipment, inventory,fixtures and other personal property located on the leased premises. Landlord shall pay all real property taxes on the leased premises. 5.3 Landlord shall, at its expense,maintain such casualty insurance covering the leased premises as it deems appropriate to cover its interest thereon. Tenant should maintain such insurance as it deems appropriate to protect its property on the leased premises. 5.4 Tenant shall not create any openings in the roof or exterior walls,nor make any alterations, additions or improvements to the leased premises without the prior written consent of Landlord. Consent for nonstructural alterations,additions or improvements shall not be unreasonably withheld or delayed by Landlord. Redecorating,refurnishing,painting and other nonstructural e b th Landlord's renovations which do not decrease the value of the building may be mad Tenant wi g Y Y consent. Tenant shall have the right at all times to erect or install fixtures,provided that Tenant complies with all applicable governmental laws,ordinances and regulations. Tenant shall have the right to remove Page 3 of 6 prior to termination of this Lease such fixtures so installed,provided Tenant is not in default under any of the terms, covenants or conditions of this Lease;however,tenant shall,not later than five(5)days after the termination of this Lease,repair any damage caused by such removal. All alterations,additions or improvements made by Tenant,which are not actually removed from the leased premises by Tenant, under the provisions of the preceding paragraph,shall become the property of Landlord at the termination of this Lease. 5.5 Tenant shall have the right to install any signs on the leased premises;however,Tenant shall be wholly responsible for any and all direct or consequential damage caused by the placement, erection or removal of such signs. Tenant shall remove all signs at the termination of this Lease and shall repair any damage and close any holes caused by such removal. 5.6 Landlord shall not be liable to Tenant for losses to person or property caused by other Tenants or by theft,burglary,assault,vandalism or other crimes. Landlord shall not be liable for personal injury or for damages to or loss of Tenant's personal property from fire,flood water,leaks or other occurrences,unless such damage or injury is caused by negligence of Landlord. 5.7 Either party may cancel this contract after the initial three(3) year tern by giving to the other parry ninety(90)days notice of said termination in writing. Any obligation to pay rent under this lease will also terminate with such cancellation. Tenant shall within said ninety (90)days vacate the space and remove all of Tenant's property therefrom. Any property belonging to Tenant not removed within said ninety(90)day period shall become the property of the Landlord. ARTICLE 6. MISCELLANEOUS 6.1 No amendment,modification or alteration of the terms of this agreement shall be binding unless made in writing,dated after the execution date of this agreement and duly signed by the Landlord and Tenant. Page 4,of 6 6.2 Should Tenant hold over on the leased premises,or any part thereof, after the expiration of the initial term of this Lease or any extension thereof with the permission of Landlord,unless otherwise agreed in writing, such holding over shall constitute and be construed as a tenancy from month-to-month only. Rent for such month to month tenancy shall be at a monthly rate of One Thousand Four Hundred Twenty-Five Dollars and No Cents ($1,425.00),payable in advance on the first(1 st)day of each calendar month during the term of such month to month tenancy. The inclusion of Section 6.2 shall not be construed as Landlord's automatic consent for Tenant to hold over. 6.3 Notwithstanding anything contained in this Lease to the contrary,in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for lease payments due under this Lease,Tenant will immediately notify Landlord in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period for which appropriations Have been received or made without penalty or expense to Tenant. 6.4 Tenant may contact either Primary or Secondary Landlord for notices,amendments to this Agreement,or any other action or notice called for in this Agreement. Either the Primary or Secondary Landlord may bind both Landlords. Page 5 of 6 Contract information for all parties is as follows: Landlord(Primary): Tenant: Ms. Jacquelyn Cake City Manager P.O.Box 397 City of Beaumont Steinhatchee,FL 32359 P. O.Box 3827 Beaumont,TX 777043827 Phone: 440-382.4306 Phone: 409-880-3720 Phone: 352-2647811 Phone: 352-498-5954 Landlord(Secondary): Colin M. Sheppard 51 Riverside Drive Berea,OH 44017 Phone: 440-263-9177 Phone: 440-243-3821 EXECUTED,this the day of "2010. LANDLORD(PRIMARY): TENANT: JACQUELYN CAKE CITY OF BEAUMONT Jacquelyn Cake Kyle Hayes,City Manager LANDLORD(SECONDARY): COLIN M. SHEPPARD Colin M. Sheppard anaw�mu..asad�pwmavarn000mmuwrrnocs -r.uma-cLSn�wzoio�ncu.aRyu?ao ew5iims..Ra Page 6 of 6 RICH WITH OPPORTUNITY BEAUMON* T • B • a • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ��jj � PREPARED BY: Laura Clark, Chief Financial Officer 4p--- MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to execute a letter of understanding with Pepsi Beverages Company for bottled water during a declared disaster. RECOMMENDATION The Administration recommends approval of a letter of understanding with Pepsi Beverages Company of Beaumont. BACKGROUND The City of Beaumont's Emergency Preparedness Plan for the hurricane season identified resources that would be needed in the event of a declared disaster. Informal bids were solicited from twelve(12)vendors with three(3)responses received. Pepsi Beverages Company will furnish and deliver bottled water to the City of Beaumont seventy- two (72) hours prior to the expected landfall of a hurricane. The City will pay$3.80 per case of sixteen(16)ounce bottled water or$7.00 per case of one(1)liter bottled water. Bid tabulations are attached. BUDGETARY EWPACT The budgetary impact of enacting this letter of understanding is contingent upon the occurrence of a declared disaster and the degree of resources required at that time. BID TABULATION: BOTTLED WATER FOR EMERGENCY SERVICES AND SPORTS DRINKS BID OPENING DATE: WEDNESDAY,JUNE 2,2010 10:00 AM BID NO.: P10410-12 Vendor Beaumont Coca-Cola Pepsi Beverages Co. DS Waters of America City/State Beaumont, Tx Beaumont, Tx Grand Prairie, TX Description Case Price Ext. Price 11 Case Price Ext. Price Case Price 11 Ext. Price BOTTLED WATER 2800 16 OZ BOTTLE,24/CS,200 CS/DAY FOR 14 DAYS $5.40 $15,120.00 $3.80 $10,640.00 2240 20 OZ BOTTLE, 24/CS, 160 CS/DAY FOR 14 DAYS $0.00 $8.00 $17,920.00 2800 1 liter BOTTLE, 24/CS, 200 CS/DAY FOR 14 DAYS 5600 1 liter BOTTLE, 12/CS, 400 CS/DAY FOR 14 DAYS $7.00 $39,200.00 $8.49 $47,544.00 2800 1/2 liter BOTTLE, 12/CS, 400 CS/DAY FOR 14 DAYS $5.19 $14,532.00 2240 24 OZ BOTTLE, 24/CS, 160 CS/DAY FOR 14 DAYS $6.69 $14,985.60 TOTAL $15120.00 $67,760.00 $77,061.60 ** Does not meet specifications I _ RESOLUTION NO. WHEREAS, bids were solicited for the,purchase of bottled water during a declared disaster; and, WHEREAS, Pepsi Beverages Company of Beaumont,Texas,submitted a bid in the amount of$3.80 per case of sixteen (16) ounce bottled water or$7.00 per case of one (1) liter bottled water; and, WHEREAS, City Council is of the opinion that the bid submitted by Pepsi Beverages Company should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Pepsi Beverages Company of Beaumont, Texas, for the purchase of bottled water during a declared disaster in the amount of $3.80 per case of sixteen (16) ounce bottled water or $7.00 per case of one (1) liter bottled water be accepted by the City of Beaumont. BE IT FURTHER RESOLVED THAT' the City Manager be and he is hereby authorized to execute a letter of understanding with Pepsi Beverages Company for the purchase of bottled water during a declared disaster. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY 1 T * E * % * A * S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 8,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: Ryan O'Hara with RBC Capital Markets relating to the proposed issuance of Water Revenue Bonds * Public Comment: Persons may speak on scheduled agenda items 6-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling) District at 5550 Eastex Freeway 2. Consider a request for a specific use permit to allow a place of worship in an RM- H(Residential Multiple Family Dwelling-Highest Density)District and a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District on property located on the west side of S. Major Dr., approximately 2,111' south of College 3. Consider a request for a specific use permit to allow a youth recreation center in the CBD(Central Business District) at 934 Calder 4. Consider a request for an amendment to the Zoning Ordinance, Chapter 30, Sec. 30-21.2(e)7f,Parking Surface Materials 5. Consider a request for amendments to the Zoning Ordinance,Chapter 30, Sec. 30- 24-B,Permitted Use Table 6. Consider authorizing the refinancing of the Section 108 HUD Note and authorizing the City Manager to execute all necessary documents 7. Consider authorizing the City Manager to execute a lease agreement with Jehovah Jireh Village CDC,Inc. for use of the L.L. Melton facility located at 3455 Sarah Street 8. Consider approving a bid for the purchase of kitchen equipment for use at the Civic Center 9. Consider approving the purchase of traffic signal equipment WORKSESSION * Review and discuss proposed rental rates for city-owned event facilities 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: Jay Brocato and wife, Valerie Brocato, Individually and As Next Friends of Macy Brocato,A Minor Claim of Freddy and Lisa Nolan Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 June 8,2010 Consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District at 5550 Eastex Freeway RICH WITH OPPORTUNITY BEAUMON* 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: June 8, 2010 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling)District to GC-MD (General Commercial-Multiple Family Dwelling)District at 5550 Eastex Freeway. RECOMMENDATION The Administration recommends approval of the zone change from RS to GC-MD at 5550 Eastex Freeway. BACKGROUND 5550 Eastex Freeway L.P., has applied for a zone change from RS (Residential Single Family Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District. The property is developed with an office building. All of the building is zoned GC-MD except for the west 51 feet. That 51 feet and the most westerly 31 feet of the subject property is zoned RS. 5550 Eastex Freeway L.P. leases space to the State of Texas. The State needs additional office space so the company would like to construct an additional 4,160 sq. ft. of office space on the west end of the building to accommodate the State's needs. In order to make the zoning comply with how the property is to be developed, it needs to be rezoned to GC-MD. At a Joint Public Hearing held May 24, 2010, the Planning Commission recommended 6:0 to approve the zone change at 5550 Eastex Freeway. BUDGETARY EWPACT None. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the 65'x 145'NW corner of Lot 3,North Auto Park Addition, City of Beaumont, Jefferson County, Texas, containing 0.241 acres, more or less. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5550 EASTEX FREEWAY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District for property located at 5550 Eastex Freeway, being the 65' x 145' NW corner of Lot 3, North Auto Park Addition, City of Beaumont, Jefferson County, Texas, containing 0.241 acres, more or less, as shown on Exhibit 'A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 8th day of June, 2010. - Mayor Becky Ames - r�fle 2034-Z: Request for a zone change from RS (Residential Single Family Dvielling) I Jlistrict to G-C-MD (General Commercial-Multiple Family DMIling)Distlict or more Festrictive district F,ocation: 5550 Eastex Freevvay Applicant: 5550 Eastex Freeway, L. P. 0 50 100 200 Feet Ah� Legend 3Pt 034Z 2 j; 4a 4 Sk t 7 17. 4 Zi Z Z Al Z TT .0, -Y 6 17- V 0 r f .......... 2 June 8,2010 Consider a request for a specific use permit to allow a place of worship in an RM-H(Residential Multiple Family Dwelling-Highest Density)District and a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District on property located on the west side of S. Major Dr., approximately 2,111' south of College 4 RICH WITH OPPORTUNITY BEAUMON* 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: June 8, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a place of worship in an RM-H(Residential Multiple Family Dwelling-Highest Density)District and a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)District to GC-MD-2(General Commercial- Multiple Family Dwelling-2)District on property located on the west side of S. Major Dr., approximately 2,111' south of College. RECOMMENDATION The Administration recommends approval of the zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)District to GC-MD-2(General Commercial-Multiple Family Dwelling-2)District and the specific use permit request, subject to the following conditions: • Provide landscape islands in the parking lot to meet City Code • Provide 75 parking spaces plus an additional 3 ADA parking spaces • Provide an underground drainage facility that will meet with TxDOT approval • Provide a side walk along the S. Major Dr. frontage • Provide a 25'front building setback and with a modification to the landscaping/screening requirements along the west property line (no 8'tall wood screening fence and no 10'wide landscape strip). BACKGROUND Chmmaya Mission-Beaumont has applied for a specific use permit for a place of worship on the northern most 6 acres of the subject property and a zone change on the remaining 5 acres. The specific use permit request is to allow a temple complex that will include a one story worship center and educational building encompassing 8,500-9,500 sq. ft., a 5,000 sq. ft. two story residential building to provide staff and guest quarters and a 3,500-6,000 sq. ft. community center. The applicant currently has no development plans for the five acre tract. At a Jonrt Public Hearing held May 24, 2010,the Planning Commission recommended 6:0 to approve the zone change from RM-H(Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District and a specific use permit to allow a place of worship in a RM-H(Residential Multiple Family Dwelling-Highest Density)District on property on the west side of S. Major Dr., approximately 2,111' south of College subject to the following conditions: • Provide landscape islands in the parking lot to meet City Code • Provide 75 parking spaces plus an additional 3 ADA parking spaces • Provide an underground drainage facility that will meet with TxDOT approval • Provide a sidewalk along the S. Major Dr. frontage • Provide a 25'from building setback and with a modification to the landscaping/screening requirements along the west property line (no 8'tall wood screening fence and no 10'wide landscape strip). BUDGETARY EWPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PLACE OF WORSHIP IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING - HIGHEST DENSITY) DISTRICT LOCATED ON THE WEST SIDE OF S. MAJOR DRIVE, APPROXIMATELY 2,111' SOUTH OF COLLEGE 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 Chinmaya Mission-Beaumont to allow a place of worship in an RM-H(Residential Multiple Family Dwelling - Highest Density) District located on the west side of S. Major Drive, approximately 2,111' south of College, as described in Exhibit "A" and shown on Exhibit "B" 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 place of worship in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located on the west side of S. Major Drive, approximately 2,111'south of College, is hereby granted to Chinmaya Mission-Beaumont, its legal representatives, successors and assigns, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, subject to the following conditions: • provide landscape islands in the parking lot to meet City Code; • provide 75 parking spaces plus an additional 3 ADA parking spaces; • provide an underground drainage facility that will meet with TxDOT approval; • provide a side walk along the S. Major Dr. frontage; • provide a 25' front building setback; and • with a modification to the landscaping/screening requirements along the west property line (no 8' tall wood screening fence and no 10' wide landscape strip). 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 "C" 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 8th day of June, 2010. - Mayor Becky Ames - SUP FIELD NOTE DESCRIPTION FORA A 6.07 ACRE TRACT OUT OF TIIE A. SAVERY SURVEY, ABSTRACT 46 JEFFERSON COUNTY,TEXAS APRIL 22,2010 TRACT 3 That certain 6.07 acre tract out of the A Savery Survey, Abstract 46, Jefferson County, Texas, being out of Lot 12 and Lot 11 of Wescalder Fig Acres Subdivision, a plat recorded in Volume 4, Page 149 and 150 of the Map Records of Jefferson County, Texas,said 6.07 acres being more particularly described by metes and bounds as follows: COMMENCING at a point in the west right-of-way line of Major Drive and the north line of Frazier Place, a plat recorded in Volume 10, Page 44 of the Map Records of Jefferson County, Texas; THENCE North 00°05'12"West along the said west right-of-way line of Major Drive a distance of 141.74 feet to an angle point; THENCE North 00°01'37°West continuing along the said west right-of-way line of Major Drive a distance of 125.60 feet to a point for the southeast corner of the said 6.07 acre tract and the POINT OF BEGINNING; THENCE West along the south line of the said 6.07 acre tract a distance of 814.23 feet to a point in the east line of Lot 22 of said Wescalder Fig Acres Subdivision and the west line of said Lot 12 for the southwest corner of the said 6.07 acre tract; THENCE North 00°09'17" East along the east line of said Lot 22 and Lot 21 of said Wescalder Fig Acres Subdivision being the west line of said Lots 12 and 11 and the said 6.07 acre tract a distance of 325.03 feet to a point for the northwest corner of the said 6.07 acre tract; THENCE East along the north line of the said 6.07 acre tract a distance of 813.19 feet to a point in the said west right-of-way line of Major Drive for the northeast corner of the said 6.07 acre tract; THENCE South 00°01'37" East along the said west right-of-way line of Major Drive and the east line of the said 6.07 acre tract a distance of 325.03 feet to the POINT OF BEGINNING and containing 6.07 acres of land, more or less. FITTZ&SHIPMAN,INC. Page 1 of 1 Project No. 10003.0039TR3 Plat&Description EXHIBIT "A" File 2035 Request for a specific use permit to allow a place of worship in an RM-H (Residential Multiple Family Dwelling-Highest Density) District and a zone change from -H (Residential Multiple Family Dvwlling-Highest Density)District to GC-MD General Commercial Multiple Family Dwlling) District or more restrictive district. Location: West side of S. Major Drive, approximately 2,111'south of College Street 0 50 Applicant: Subrahmanyam Cheruvu c/o Chinmaya Mis sion Beaumont W-L 100 Feet Legend ® 2035ZP � C e' S4 RM'H, G � Y } M , is it , Y r 1 � t V ^ 8 I' ,1 R-S FRAZIER DR R-S R-S R=S R-S EXHIBITS' Subject to the following conditions: • Provide landscape islands in the parking lot to meet City Code • Provide 75 parking spaces plus an additional 3 ADA parking spaces Q Provide an underground drainage facility that will meet with TxDOT approval • Provide a sidewalk along the S.Major Dr.frontage Provide a 25'front building setback and with a modification to the landscaping/screening requirements along the west property line(no 8'tall wood screening fence and no 10'wide landscape strip). ' 0 o ®r M - - ao 0 C5 •' �►13' t�� rJ' KXY L N Q. r i ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC - MD - 2 ( GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT FOR PROPERTY LOCATED ON THE WEST SIDE OF S. MAJOR DRIVE, APPROXIMATELY 2,111' SOUTH OF COLLEGE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code.of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-56 thereof, is hereby amended by changing the zoning of property presently zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the west side of S. Major Drive, approximately 2,111'south of College, Beaumont, Jefferson County, Texas, as described in Exhibits "A" and "B" and shown on Exhibit "C," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That in all other respects, the use of property roP e rtY herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those I regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - GC-MD �J FIELD NOTE DESCRIPTION FOR A A 2.50 ACRE TRACT OUT OF THE A. SAVERY SURVEY,ABSTRACT 46 JEFFERSON COUNTY, TEXAS APRIL 22, 2010 TRACT 1 That certain 2.50 acre tract out of the A Savery Survey, Abstract 46, Jefferson County, Texas, being out of Lot 13 of Wescalder Fig Acres Subdivision, a plat recorded in Volume 4, Page 149 and 150 of the Map Records of Jefferson County, Texas, said 2.50 acres being more particularly described by metes and bounds as follows: BEGINNING at a point in the west right-of-way line of Major Drive and the north line of Frazier Place, a plat recorded in Volume 10, Page 44 of the Map Records of Jefferson County,Texas for the southeast corner of the said 2.50 acre tract; THENCE West along the said north line of Frazier Place and the south line of the said 2.50 acre tract a distance of 815.22 feet to a point in the east line of Lot 23 of said Wescalder Fig Acres Subdivision and the west line of said Lot 13 for the northwest comer of said Frazier Place and the southwest comer of the said 2.50 acre tract; THENCE North 00 009'17" East along the said east line of Lot 23 and the said west line of Lot 13 and the said 2.50 acre tract a distance of 133.63 feet to a point for the northwest corner of the said 2.50 acre tract; THENCE East along the north line of the said 2.50 acre tract a distance of 814.65 feet to a point in the said west right-of-way line of Major Drive for the northeast corner of the said 2.50 acre tract; THENCE South 00 005'12" East along the said west right-of-way line of Major Drive and the east line of the said 2.50 acre tract a distance of 133.63 feet to the POINT OF BEGINNING and containing 2.50 acres of land, more or less. FITTZ&SHIPMAN,INC. Page 1 of 1 l Project No. 10003.0039TR1 Plat&Description EXHIBIT "A" GC-MD FIELD NOTE DESCRIPTION FORA A 2.50 ACRE TRACT OUT OF THE A. SAVERY SURVEY,ABSTRACT 46 JEFFERSON COUNTY, TEXAS APRIL 22,2010 TRACT 2 That certain 2.50 acre tract out of the A Savery Survey, Abstract 46, Jefferson County, Texas, being out of Lot 13 and Lot 12 of Wescalder,Fig Acres Subdivision,a plat recorded in Volume 4, Page 149 and 150 of the Map Records of Jefferson County,Texas,said 2.50 acres being more particularly described by metes and bounds as follows: COMMENCING at a point in the west right-of-way line of Major Drive and the north line of Frazier Place, a plat recorded in Volume 10, Page 44 of the Map Records of Jefferson County, Texas; THENCE North 00°05'12"West along the said west right-of-way line of Major Drive a distance of 133.63 feet to a point for the southeast corner of the said 2.50 acre tract and the POINT OF BEGINNING; THENCE West along the south line of the said 2.50 acre tract a distance of 814.65 feet to a point in the east line of Lot 23 of said Wescalder Fig Acres Subdivision and the west line of said Lot 13 for the southwest corner of the said 2.50 acre tract; THENCE North 00°09'17" East along the east line of said Lot 23 and Lot 22 of said Wescalder Fig Acres Subdivision being the west line of said Lots 13 and 12 and the said 2.50 acre tract a distance of 133.71 feet to a point for the northwest corner of the said 2.50 acre tract; THENCE East along the north line of the said 2.50 acre tract a distance of 814.23 feet to a point in the said west right-of-way line of Major Drive for the northeast comer of the said 2.50 acre tract; THENCE South 00°01'37" East along the said west right-of-way line of Major Drive and the east line of the said 2.50 acre tract a distance of 125.60 feet to an angle point; THENCE South 00 005'12" East continuing along the said west right-of-way line of Major Drive and the said east line of the 2.50 acre tract a distance of 8.11 feet to the POINT OF BEGINNING and containing 2.50 acres of land, more or less. FITTZ&SHIPMAN,INC. Page 1 of 1 Project No. 10003.0039TR2 Plat&Description EXHIBI,T 'B' File 2035- : Request for a specific use permit to allow a place of worship in an RM-H (Residential Multiple Family Dwelling-Highest Density)District and a zone change from -H (Residential Multiple Family Dwelling-Highest Density)District to GC-MD General Commercial-Multiple Family Dwelling) District or more restrictive district. Location: West side of S. Major Drive, approximately 2,111' south of Coller Street Applicant: Subrahmanyam Cheruvu c/o Chinmaya Mission Beaumont L 50 100 Feet Legend 2035ZP l J' d f Pr f r y r t, s , x 1 { ,_� r '�` }'`.x J' p'�try y a i� ! • a O f i 7 d ''}} 29 } ♦ A X ✓ > ,Y � J ` i f*� .1'of N y .''` a f,. •'.! f y r v V R-S ,r FRAZIER DR R-S R-S R=S R-S EXHIBIT 'C' Subject to the following conditions: • provide landscape islands in the parking lot to meet City Code • Provide 75 parking spaces plus an additional 3 ADA parking spaces Q provide an underground drainage facility that will meet with TOOT approval • Provide a sidewalk along the S.Major Dr.frontage • Provide a 25'front building setback and with a modification to the landscapingtsaeening requirements along the west property line(no W tall wood screening fence _ and no 10'wide landscape strip). FKOPRKTy l.t o Vt . _�.... . N , , �, m A th WWK-TY LIN . p r r 3 June 8,2010 Consider a request for a specific use permit to allow a youth recreation center in the CBD (Central Business District) at 934 Calder RICH WITH OPPORTUNITY BEAUMON* 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 BATE: June 8, 2010 REQUESTED ACTION: Council consider a request for a specific use permit to allow a youth recreation center in the CBD (Central Business District) at 934 Calder. RECON EWENDATION The Administration recommends approval of the specific use permit request, subject to the following conditions: • No overnight shelter or public feedings will be allowed • Provide a 3'wide landscape strip along the McFaddin Avenue frontage of the parking lot. Interior landscape islands will also be required as per the Zoning Ordinance. BACKGROUND Pastor Kennedy Andrews has applied for a specific use permit. The request is to allow a youth recreation center in the old Downtown YMCA racquetball gym. The facility will serve children ages 6-17. Hours of operation will be Thursdays and Sundays for three hours each day and periodically on weekends and the summer months. All employees will be staff members of Harvest for Lost Souls Outreach N4mistry. At a Joint Public Hearing held May 24, 2010, the Planning Commission recommended 6:0 to approve a specific use permit to allow a youth recreation center in the CBD (Central Business District) at 934 Calder subject to the following conditions: • No overnight shelter or public feedings will be allowed • Provide a 3' wide landscape strip along the McFaddin Avenue frontage of the parking lot Interior landscape islands will also be required as per the Zoning Ordinance. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A YOUTH RECREATION CENTER IN THE CBD (CENTRAL BUSINESS DISTRICT) LOCATED AT 934 CALDER 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 Pastors Kennedy and Deanna Andrews on behalf of Harvest for Lost Souls to allow a youth recreation center in the CBD (Central Business District) located at 934 Calder, being Lot 2, Block 2, Fuller-Keith Addition, City of Beaumont, Jefferson County, Texas, containing 2.50 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 youth recreation center in the CBD (Central Business District) located at 934 Calder, being Lot 2, Block 2, Fuller-Keith Addition, City of Beaumont,Jefferson County,Texas,containing 2.50 acres,more or less,is hereby granted to Pastors Kennedy and Deanna Andrews on behalf of Harvest for Lost Souls, its legal representatives, successors and assigns, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, subject to the following conditions: • No overnight shelter or public feedings will be allowed. • Provide a T wide landscape strip along the McFaddin Avenue frontage of the parking lot. Interior landscape islands will also be required as per the Zoning Ordinance. 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 8th day of June, 2010. - Mayor Becky Ames - - : Request for a specific use permit to allow a youth empowerment recreation enter in the CBD (Central Business District). Location: 934 Calder Applicant: Pastors Kennedy and Deanna Andrews for Harvest for Lost Souls 0 50 100 200 Feet Legend + 2036P v °" ' GC-MD r rtiFrr Ft fi ... v ty NORTH ST GOUD ��� � 1 �r }.�'� >,„F�4az ssSU� v i � � � .✓%1, ; A7 � _ °i4r '' f ! NF, `` GGM MCFADDIN AVE N r .§' y +wlr i A�Ynrtii r 171 4 r-' 3 CALDER AVE A CBDI O O i� a GGMD rn GC-MD BROADWAY ST GC-MD GC-MD EXHIBIT "A" k i N Ls}}} ' !p —JV MCFADDIN AVENUE rusrs "w+°�O• �`� avo matt 9 aetwr MEN- • l.i [ '•1•� 1YMRf � � lJ F �`W ' �, � •.1:^r• 11"1'^. . Q W LAJ Lz ` 1 b 0 h [[ [ C. J W ,— rA \� wettl6 Iwi•IN CALDER stet[MVI. ,� rr�rw ro erl. Subject to the following conditions: C 1.00 • No overnight shelter or public feedings will be allowed. —•---- = - Provide a Y wide landscape strip along the McFaddin Avenue frontage of the parking lot. Interior landscape islands --� will also be required as per the Zoning Ordinance. I 4 June 8,2010 Consider a request for an amendment to the Zoning Ordinance, Chapter 30, Sec. 30-21.2(e)7f, Parking Surface Materials RICH WITH OPPORTUNITY , X • A • S C1 Council A enda Item T r ty g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone,Community Development Director MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider a request for an amendment to the Zoning Ordinance, Chapter 30, Sec. 30-21.2(e)7t Parking Surface Materials. RECOMMENDATION The Administration recommends approval of an amendment to the Zoning Ordinance, Chapter 30, Sec. 30-21.2(e)7f, Parking Surface Materials. BACKGROUND Since the passage of the Historic District regulations,there has been a concern over whether the paving of the rear yards for commercial purposes was appropriate. The issue involves the notion that once the rear yard is paved,it is likely that a residential structure used for commercial purposes will be less attractive for future residential uses. The current regulations require that off-street parking surface materials be brushed or aggregate concrete,hot mix asphalt or masonry pavers. Grass,caleche,dirt,gravel,shell,slag and clay surfaces are not permitted. At a Joint Public Hearing held May 24, 2010, the Planning Commission recommended 6:0 to approve the Zoning Ordinance amendment as follows: Sec. 30.21.2(e)7f Surface Materials. The only permitted off-street parking surface materials are brushed or aggregate concrete, hot mix asphalt, masonry pavers or pervious parking surface materials capable of accommodating vehicles up to five thousand(S,000)pounds of gross vehicle weight and that allow the growth of lawn. Grass, caleche, dirt, gravel, shell, slag and clay surfaces are not permitted. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30, SUBSECTION 30-21.2(e)(7)f, SURFACE MATERIALS, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT Section 1. THAT Chapter 30, Subsection 30-21.2(e)(7)f, of the Code of Ordinances of the City of Beaumont be and it is hereby amended to read as follows: Sec.30-21.2. Historic-Cultural Landmark Preservation Overlay District. (e) Development standards for historic districts. The following development standards apply to historic districts: (7) Off-street parking. All structures within a historic district must comply with the standards established in the City of Beaumont Code of Ordinances (section 30-27). In addition: f. Surface materials. The only permitted off-street parking surface materials are brushed or aggregate concrete, hot mix asphalt, masonry pavers or pervious parking surface materials capable of accommodating vehicles up to five thousand (5,000) pounds of gross vehicle weight and that allow the growth of lawn. Grass, caleche, dirt, gravel, shell, slag and clay surfaces are not permitted. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - 5 June 8,2010 Consider a request for amendments to the Zoning Ordinance, Chapter 30, Sec. 30-24-B, Permitted Use Table t RICH WITH OPPORTUNITY • E �• X A • s Ci Council AQends Item T ty b TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone,Community Development Director MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider a request for amendments to the Zoning Ordinance, Chapter 30, Sec. 30-24-B, Permitted Use Table RECOMMENDATION The Administration recommends approval of the amendments to the Zoning Ordinance, Chapter 30, Sec. 30-24-B, Permitted Use Table. BACKGROUND In reviewing the Zoning Ordinance Permitted Use Table, it was found to have errors. At a Joint Public Hearing held May 24, 2010,the Planning Commission recommended 6:0 to approve the Zoning Ordinance amendments as follows: 4225 General Warehousing and Storage GC-MD GC-MD-2 C-M LI HI PUD S S P P P S 46 Pipelines,Except Natural Gas RCR-H S 5074 Plumbing and Heating Equipment and Supplies GC-MD GC-MD-2 CM LI HI PUD S S P P P S 514 Groceries and Related Products GC-MD GC-MD-2 CM LI HI PUD S S P P P S 518 Beer, Wine and Distilled Alcoholic Beverages GC-MD GC-MD-2 CM LI HI PUD S S P P P S 752 Automobile Parking Special Conditions 26 PUD Model Dwelling Unit S BUDGETARY EVIPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30,SUBSECTION 30- 24(b), PERMITTED USE TABLE, SIC GROUPS 4225, 46, 5074, 514, 518, 752 AND MODEL DWELLING UNIT,TO CORRECT ERRORS CONTAINED IN THE CURRENT CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 30,Article II, Section 30-24(b), Permitted Use Table, SIC Groups 4225,46, 5074, 514, 518, 752 and Model Dwelling Unit, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP M H H MD MD-2 S S P P P P I S 14225 General Warehousing and Storage ;and ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M Ll HI PUD GROUP M H H MD MD-2 P S P P S S P P P P P P P P S 146 Pipelines,Except Natural Gas ;and ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP M H H MD MD-2 S S P P P P S 5074 Plumbing and Heating Equipment and$pis ;and ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R RS RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP M H H MD MD-2 S S P P P P S 514 Groceries and Related Products ;and ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R RS RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP M H H MD MD-2 S S P P P P S 518 Beer,Wine and Distilled Alcoholic Bevera s ;and ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R RS RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP M H H MD MD-2 S S S P S P P P P S 1752 Automobile Parking 0 1 26 ;and ZONING DISTRICT Parking Special PERMITTED PRIMARY USES Group Cond. SIC A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP M H H MD MD-2 P P P P P P S Model Dwelling Unit 1 3 Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason II be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - 6 June 8,2010 Consider authorizing the refinancing of the Section 108 HUD Note and authorizing the City Manager to execute all necessary documents RICH WITH OPPORTUNITY BEA,Uml'mON* 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: June 8, 2010 REQUESTED ACTION: Council consider authorizing the refinancing of the Section 108 HUD Note and authorizing the City Manager to execute all necessary documents. RECOMMENDATION Administration recommends approval. BACKGROUND On June 14, 2000,the City borrowed $11 Million in the Series.2000-A public offering of trust certificates guaranteed under Section 108 of the Housing and Community Development Act of 1974. The Note calls for a principal payment every August 1St and interest payments on August 1St and February 1St each year. The debt service is paid out of Community Development Block Grant(CDBG) funds and the payments received from Crockett Street Development Corporation for repayment of their part of the loan. The balance of the note as of February 1, 2010, is $8,130,000 and is scheduled to be paid off on August 1, 2018. The amount to be refinanced is $7,530,000 because $600,000 of principal will be paid on August 1, 2010. The current interest rates increase each year and range from 7.50%to 7.93%from August 1, 2011 thru August 1, 2018. Over the life of the loan,the City will have paid$11,000,000 in principal and $10,685,755 in interest. In May, City Finance Staff was informed of an opportunity to refinance the Note. The US Department of Housing and Urban Development(HUD)has a public offering scheduled for July 21, 2010, of trust certificates guaranteed under Section 108 of the Housing and Community Development Act of 1974 that is expecting interest rates to be significantly lower than those on the current loan. According to HUD representatives,the actual interest rates for this offering will be determined in July. Based on the most recent benchmark yields and spreads, the interest rates are expected to range from .48%to 3.43%from August 1, 2011 thru August 1, 2018 resulting in a projected savings of $1,857,887, net of issuance costs. BUDGETARYIMPACT The Section 108 loan payments are funded by CDBG funds. The cost to refinance the note is estimated to be $37,650 which can be paid for by CDBG funds and the expected savings in interest is $1,895,537. QS Meh/Cfy U.S.DETARTMENT OF HOUSING AND URBAN DEVELOP4IENT # ®x WASHINGTON,D.C.20410-7000 6 flflfl��� y" (q Qr _)F:_CF. OF THe ASS—TAN— SECRETARY FCP. CCW,'""Y PLANNING zvC �EVELC+ENT May 28, 2010 Dear Sir or Madam: Enclosed are documents that the City of Beaumont, Texas (B-97-MC48-0003)(the "Borrower") requested related to the pending public offering of trust certificates guaranteed under Section 108 of the Housing and Community Development Act of 1974, as amended. The public offering date is firm for July 21, 2010, except for adverse market conditions. The offering will be underwritten by: (i) UBS Investment Bank, (ii) Merrill Lynch & Co., and(iii) Credit Suisse Securities (USA) LLC. Capitalized terms used in this letter are more fully defined in the enclosed documents. Even though the public offering will not be held until July 21, 2010, it is necessary that HUD receive the properly executed documents from you by close of business on July 2, 2010. We must verify that we have all documents from all Borrowers, and that they are satisfactory, before pricing and before we can sign the Underwriting Agreement. If we do not receive the documents from you by July 2, your note will not be included in the public offering on July 21. This underwritten public offering will be conducted pursuant to legislation which permits the Department of Housing and Urban Development("HUD")to guarantee trust certificates that are backed by a trust composed of notes or other obligations guaranteed under Section 108. Your note will be included in such a trust, together with the notes of other participating Borrowers. The enclosed public offering documents, which must be executed by the authorized representative of the Borrower identified in its counsel's legal opinion, are the Promissory Note ("Note") and the Contract for Loan Guarantee Assistance("Contract"). The opinion of counsel to the Borrower is required pursuant to paragraph 4(b) of the Contract; a model opinion with attached instructions is also enclosed for the guidance of counsel. If the Borrower previously executed interim financing documents and is not receiving funds for new activities (i.e., activities not covered by the existing Contract) at this offering, no new additional security Contract provisions are required for this offering; the Contract incorporates the previous additional security provisions. As noted in paragraph 15 of the enclosed Contract, the proceeds from the Note will be deposited into a defeasance account and will be used solely to prepay an outstanding promissory note that was included in a previous public offering. You will be required to remit, in accordance with the instructions referenced below, the scheduled principal and interest payment next due under the previously issued note. This amount will also be deposited into the defeasance account. 2 After it is executed by the Borrower and returned to HUD, the Note(which is not effective until guaranteed by HUD at the closing of the public offering) will be delivered by HUD to The Bank of New York Mellon, as Trustee, two days before the public offering date and will be held in trust. At closing, the Trustee will issue a single, separate certificate for each Principal Due Date specified in the Note. Each such certificate shall specify the applicable pass- through interest rate, which rate(s) will also be entered in Schedule P&I attached to the Note for the applicable Principal Due Dates. The interest rate will be established for each trust certificate at pricing by the underwriters one week before the public offering date. The Aggregate Principal Amount of the Note shall be repaid in accordance with the Schedule P&I attached thereto. Interest will accrue on each Principal Amount at the pass- through interest rate on the related trust certificate, payable on the applicable Interest Due Date (each February 1 or August 1, beginning February 1, 2011), through the Principal Due Date on the schedule attached to the Note (which dates correspond to the related distribution dates of payments to investors on the trust certificates). Each interest payment will consist of the aggregate of the interest amounts accrued to the applicable date on the entire principal balance of the Note. However, all payments on the Note are actually due to the Trustee on the Note Payment Date seven Business Days before the applicable Interest Due Date or Principal Due Date. This is necessary to enable the Trustee to aggregate the payments and direct them to the proper investors, and also to enable HUD to honor its Guarantee by making payment on behalf of the Borrower from pledged grant funds if necessary. You will be notified by the Trustee of the amount of the required payment one month before each Note Payment Date. The Note and Contract reference the Trust Agreement and the Amended and Restated Master Fiscal Agency Agreement, both of which are enclosed. Pursuant to the Contract, the Borrower consents to the selection of The Bank of New York Mellon as Trustee and agrees to the terms of the public offering, including the Trust Agreement. The Trust Agreement principally sets forth duties and responsibilities of the Trustee, but certain provisions of interest to borrowers are included, including compensation and indemnification of the Trustee, which is secured only by the security specified in paragraph 5 of the Contract. The Fiscal Agency Agreement and Trust documents are enclosed for your reference; please do not return them to HUD. The Contract provides when and how payment of the costs (fees) of the public offering is to be made. The final amount of the costs will not be known until the week before the public offering date. We will notify you of the amount at that time. The enclosed form for wire transfer of funds provides the information that you will need to remit the costs of the public offering as well as the scheduled P&I payment on the previously issued note. These funds must be remitted no later than July 20, 2010. 3 Return the executed documents and the legal opinion by July 2, 2010 to: U.S. Department of Housing and Urban Development Attention: Paul Webster, Director Financial Management Division 451 Seventh St., S.W., Room 7180 Washington, D.C. 20410 If you have any questions regarding this letter,please contact either myself or Shebra Simms at(202) 708-1871, or send an email to paul.webster(a hud.gov_ and iason.t.triplett0ehud.gov (please be sure to copy both addresses). If your counsel has any questions about preparation of the legal opinion(s), please have them contact Evelyn Wrin or Carey Whitehead of our Office of General Counsel at(202)402-5220 or(202) 402-3106, respectively, or by email at evelyn.m.wrinnhud.gov_and carey.c.whitehead(cuhud.gov. Sincerely, i G Paul Webster Director Financial Management Division Enclosures From: Evelyn M. Wrin,Attorney Office of General Counsel U.S. Dept. of Housing & Urban Development 451 7th St. SW, Room 8162 Washington, DC 20410 Tel: 202.402.5220 Fax: 202.708.0880 email: evelyn.m.wrin(U-)hud.4ov Crystal: This is in response to an email I received from you with the City of Beaumont, Texas on May 5, 2010. The City of Beaumont has an existing Section 108 loan(B-97- MC-48-0003 - $7,530,000)that could be refinanced in the June 17,2010 Public Offering. Because the interest rates for the upcoming public offering are expected to be significantly lower than those on the City's existing loan,the City could reduce its interest expense. Based on the most recent benchmark yields and spreads furnished by the Section 108 underwriting group, we have estimated the amount of interest that can be saved through refinancing is as follows: B-97-MC-48-0003 $2,975,144.00 Current interest (1,079,607.05) Projected interest 1,895,536.95 Projected savings (37,650.00) Issuance costs $1,857,886.95 Net savings Please note that these are only estimates and that the actual interest rates for the upcoming public offering will be determined in June. The interest savings could vary slightly depending on the actual rates. However, as mentioned above we expect the rates for this offering to be lower than the rates on the City's existing loan. See below for a comparison of the City's current rates under Series 2000-A Public Offering and the projected rates for this year's Public Offering: EXISTING PROJECTED INTEREST INTEREST MATURITY RATES RATES " 1-Aug-2011 7.50% 0.48% 1-Aug-2012 7.65°k 1.10% 1-Aug-2013 7.72% 1.54% 1-Aug-2014 7.76% 2.01% 1-Aug-2015 7.8111% ' 2.51% 1-Aug-2016 7.86°1a 2.90% 1-Aug-2017 7.91% 3.18% 1-Aug-2018 7.93% 3.43% If the City's chooses to refinance its loan in the 2010 Public Offering,the following should be considered. • the new promissory note will not be prepayable for the remaining period of the loan,but it can be defeased at any time. • the City will have to pay issuance costs on the new loan,which will probably be in the range of`/z of I%of the loan amount;you can use CDBG funds to pay these costs. • the terms of the new promissory note must be exactly the same as the existing promissory note(for example,the principal payment schedule will remain the same and the security provisions of the existing note will apply to the new note). • to enable the refinancing,the City must defease the existing note by depositing cash in an account with the Section 108 Trustee sufficient to pay all amounts due on August 1, 2010. Funds will need to be deposited into the defeasance account in early June to coincide with the June 17h Public Offering. Please give me a call if you have any questions. I can be reached on 202.708.1871, extension 4561. RESOLUTION NO. WHEREAS, in June, 2000,the City of Beaumont borrowed $11 Million in the Series 2000-A public offering of trust certificates guaranteed under Section 108 of the Housing and Community Development Act of 1974; and WHEREAS, the current interest rates increase each year in range from 7.50% to 7.93% from August 1, 2011, through the maturity date of August 1, 2018; and WHEREAS, an opportunity has been presented by HUD to refinance $7,530,000 through a July public offering at projected interest rates that are expected to range from .48% to 3.43% from August 1, 2011, through August 1, 2018, resulting in a projected net savings of$1,857,887 to the City; and WHEREAS, the City Council of the City of Beaumont finds that it is in the best interest of the citizens of the City of Beaumont to seek the refinancing in the July public offering of the existing Section 108 loan amount of$7,530,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council authorizes the refinancing of the City of Beaumont Section 108 loan (B-97-MC-48-003) assumed on June 14, 2000, in the original borrowed amount of $11 Million. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to secure the refinancing. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - 7 June 8,2010 Consider authorizing the City Manager to execute a lease agreement with Jehovah Jireh Village CDC,.Inc. for use of the L.L. Melton facility located at 3455 Sarah Street RICH WITH OPPORTUNITY BEAUMON* T • E `• X • A • S Ci Council A enda Item tY g TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to execute a lease agreement with Jehovah Jireh Village CDC, Inc. for use of the L.L. Melton facility located at 3455 Sarah Street. RECOMMENDATION The Administration recommends approval. BACKGROUND With the closure of the L.L. Melton YMCA,the ownership of the facility has been assumed by the City of Beaumont. Jehovah Jireh Village CDC, Inc. is interested in leasing the building for a one year period with an option to renew for an additional one year term. The lease amount would be$1,500.00 per year with a requirement that the facility be open to the general public for recreational purposes. The lessee would be permitted to charge a fee for special activities and events such as camps, sports leagues, daycare and facility room rental for organizational meetings. The City would be responsible for grounds upkeep and maintenance, facility maintenance for such things as roof, HVAC system operation, major plumbing repairs and the payment of water and sewer. Jehovah Jireh would be responsible for the payment of all other utilities and trash pick-up. The lease agreement would be effective upon signing if approved by the City Council. On May 25, 2010,the City Council approved the use of Community Development Block funds in the amount of$100,000 for needed repairs at the Melton facility. A copy of the proposed lease agreement is attached. 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 a one (1) year lease agreement, with an option to renew for an additional one (1) year term, with Jehovah Jireh Village CDC, Inc. (Lessee), for$1,500 per month for property located at 3455 Sarah Street, Beaumont, Texas. The lease agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 8th day of June, 2010. - Mayor Becky Ames - i L. L. MELTON LEASE AGREEMENT Date: , 2010 Lessor: City of Beaumont Lessor's Address: 801 Main Street Beaumont, Texas 77701 Lessee: Jehovah Jireh Village CDC, Inc. Lessee's Address: P.O. Box 20214 Beaumont, Texas 77720 Landlord: The City of Beaumont, Texas Landlord's Address: 801 Main Street Beaumont, Texas 77701 Leased Premises: Being a portion of the North One-Half(S. '/2) of Block Nineteen(19) in the M. C. Cartwright Subdivision in the J. W. Bullock League of the City of Beaumont, Jefferson County, Texas, and described by metes and bounds as follows: BEGINNING at an iron pin in the West line of Block Nineteen(19)marking the division of the North one-half(N. '/2)and south one-half(S. '/2)of Block Nineteen(19),said iron pin being the Southwest comer of the North one-half (N. %2) and the Northwest corner of the South one-half(S. '/Z); THENCE,North 0°08'30"East along the West line of the North one-half(N. '/Z) of Block Nineteen (19) a distance of two hundred ninety and sixty-five one hundredths feet (290.65') to a point for corner, said point being South fifteen feet (15') from the Northwest corner of said Block Nineteen (19); THENCE, East fifteen feet (15') from and parallel to the North line of said Block Nineteen (19) a distance of six hundred ninety-seven and five-tenths feet(697.5')to a point, said point being fifteen feet(15')from the east line of said Block Nineteen (19); THENCE,South 0 008'30"West fifteen feet(15')from and parallel to the east line of said Block Nineteen(19)a distance of two hundred ninety and sixty- five one hundredths feet (290.65') to a point for corner in the dividing line between the North one-half N. ''/z) and the South one-half(S. '/z) of Block Nineteen (19); THENCE, West along the'dividing line between the North and South one- half(n. and S. '/2) of Block Nineteen (19) a distance of six hundred ninety- seven and five-tenths feet (697.5') to the place of beginning, said tract containing four and sixty-five one hundredths (4.65) acres more or less. Page,l EXHIBIT "A" Lease Commencement Date: This Agreement will commence upon execution by Lessor and Lessee. Lease Term: The initial term of this Lease is 12 months, commencing on , 2010 and ending on , 2011. Lessee shall also be granted the option to renew this lease for an additional one (1) year term. Lessee shall provide Lessor with written notice of its intention to exercise the option to renew at least 60 days prior to the ending date of the initial term. Lease Rent: One Thousand Five Hundred Dollars ($1,500.00)per year. Permitted Lease Use: Recreational, educational, social, and civic activities. 1. Lessee agrees to lease the Leased Premises for the Lease Term beginning on the Lease Commencement Date and ending on the Lease Termination Date. 2. Lessee acknowledges and agrees that the total rent under this Lease is the sum of One Thousand Five Hundred Dollars ($1,500.00). Lessee agrees to pay Lessor said amount in twelve (12)monthly installments of One Hundred Twenty Five Dollars($125.00)each,payable at the office of the Central Cashier, or her successors, located in City Hall, Beaumont,Texas,beginning on the 5`h day of June,2010 and payable on or before the 5th day of each month thereafter during the term of this Lease. All checks shall be made payable to"The City of Beaumont". Lessee shall not be held in default for nonpayment of rent unless and until Lessor gives Lessee ten(10)days notice in writing of said nonpayment. 3. The premises are leased to be used for the purpose of providing recreational, educational,social,and civic activities for the general public.Lessee agrees to restrict the use of the Leased Premises to such purposes, and not to use, or permit the use of the premises for any other purpose without first obtaining the consent in writing of the City Manager. Lessee further agrees that the facility will be open to the general public for recreational purposes during regular business hours as long as it does not unreasonably interfere with other organized activities. Lessee is permitted to charge a fee for special activities and events such as camps,sports leagues,daycare and facility room rental for organizational meetings. Fees charged fqr activities not specifically listed are subject to the prior approval of the City Manager of the City of Beaumont. 4. Lessee shall have no authority to incur any obligations on behalf of Lessor,and Lessor is not obligated to furnish Lessee any equipment or improvements beyond those agreed to by the parties and listed in Exhibit "A", which is incorporated into this agreement by reference. 5. All operations conducted or permitted by Lessee on the Leased Premises shall be in accord with all laws and ordinances. Lessee shall not create or allow any nuisance to exist on the premises, or use or allow the premises to be used for any unlawful purpose. 6. Neither the Leased Premises nor any improvements placed thereon shall be used as security for any debt without the prior written consent of the City Manager. 7. Lessee shall indemnify, save, and keep harmless Lessor from all liabilities, claims, judgments, damages, injuries, costs, and expenses that may in any manner come against Lessor in Page 2 consequence of or result from any operations that may be conducted or carried out on the Leased Premises. Lessee shall carry public liability,bodily injury insurance on the Lease Premises,the cost of said insurance policies to be borne by Lessee. Said policies of insurance may be approved by Lessor and must be written on companies acceptable to Lessor. Said insurance policies shall name Lessor as an additional insured. Said policies, or duplicate originals thereof, must be filed with the City Clerk of the City of Beaumont. 8. Lessee accepts the Premises in its present,"AS-IS,WHERE IS"condition and with all faults. By occupying the Premises,Lessee:(a)acknowledges that Lessee has had full opportunity to examine the Premises and is fully informed, independently of Lessor or any employee, agent, representative, shareholder, officer or director of Lessor, as to the character, construction and structure of the Premises; (b) acknowledges that neither Lessor nor any of Lessor's employees, agents,representatives,shareholders,officers or directors,has made any representations,warranties or promises with respect to the Premises,including without limitation any representation or warranty as to fitness thereof for any purpose; and © accepts the Premises in an "AS-IS, WHERE IS" condition. Lessee has provided Lessor with a list of requested repairs (Exhibit "A"), such repairs have been satisfactorily completed. 9. Lessee must maintain the Premises in good condition. 10. Lessee agrees to be responsible for the following obligations of the Premises,utilities, personnel and any programs offered by Lessee. Lessor agrees to be responsible for grounds upkeep and maintenance, facility maintenance for such things as roof, HVAC system operation, major plumbing repairs and the structural integrity of the building. 11. Lessee will provide ongoing community groups who currently meet at the Premises the opportunity to continue to utilize the facility for community activities. 12. Lessee agrees not to (1) alter the Leased Premises without the consent of Lessor or Landlord; (2) allow a lien to be placed on the Leased Premises; nor(3)assign this Lease or Lease any portion of the Leased Premises without first receiving consent of the Lessor. 13. Lessor agrees to (1) lease the Leased Premises to Lessee for the Lease Term; (2)be responsible, at its expense, for repair items agreed upon in the attached punch list (Exhibit"A"); (3)maintain premises and improvements in a good state of repair;and(4)maintain property damage liability insurance on the Lease Premises 14. TAXES: Unless otherwise agreed by the parties,Lessor will pay all real property ad valorem taxes assessed against the leased premises if any. Lessee shall be responsible for all taxes assessed against it personal property if any. 15. UTILITIES: A. The party designated below will pay for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply). N/A Ci , of Bmt JJV (1) Water d (2) Sewer (3) Electric �- (4) Gas _✓_ Page 3 (5) Telephone f (6) Trash _✓_ (7) Cable (8) (9) All other utilities _✓_ B. The party responsible for the charges under Paragraph 15 will pay the charges directly to the utility service provider. The responsible party may select the utility service provider, except that if Lessee selects the provider, any access or alterations to the Property or leased premises necessary for the utilities may be made only with Lessor's prior consent,which Lessor will not unreasonably withhold. If Lessor incurs any liability for utility or connection charges for which Lessee is responsible to pay and Lessor pays such amount, Lessee will immediately upon written notice from Lessor reimburse Lessor such amount. 16. INSURANCE: A. During all times this lease is, in effect, Lessee must, at Lessee's expense, maintain in full force and effect from an insurer authorized to operate in Texas: (1) public liability insurance in an amount not less than$1,000,000.00 on an occurrence basis naming Lessor as an additional insured; and (2) personal property damage insurance for Lessee's business operations and contents on the leased premises in an amount sufficient to replace such contents after a casualty loss. B. Before the Commencement Date,Lessee must provide Lessor with a copy of insurance certificates evidencing the required coverage. If the insurance coverage is renewed or changed in any manner or degree at any time this lease is in effect, Lessee must, not later than 10 days after the renewal or change, provide Lessor a copy of an insurance certificate evidencing the renewal or change. C. If Lessee fails to maintain the required insurance in full force and effect at all times this lease is in effect,Lessor may purchase insurance that will provide Lessor the same coverage as the required insurance and Lessee must immediately reimburse Lessor for such expense D. Unless the parties agree otherwise, Lessor will maintain in full force and effect insurance for fire and extended coverage in an amount to cover the reasonable replacement cost of the improvements of the Property. 17. MAINTENANCE AND REPAIRS: A. Cleaning: Lessee must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate receptacles. B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair that is caused,either intentionally or negligently, Page 4 by that party or that party's guests, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility: Except as otherwise provided,the party designated below, at its expense, is responsible to maintain and repair the following specified items'in the leased premises (if any). The specified items must be in clean and good operable condition. If a governmental regulation or order requires a modification to any of the specified items,the party designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises. Lessee is responsible for the repair and maintenance of its personal property. (Check all that apply) City JJV ' N/A Lessor Lessee (1) Foundation, exterior walls, roof, and other structural components f (2) Glass and windows _ _✓_ (3) Fire protection equipment and fire sprinkler systems (4) Exterior& overhead doors, including closure devices, molding, locks, and hardware (5) Grounds maintenance, including landscaping and irrigation systems (6) Interior doors, including closure devices, frames, molding, locks, and hardware (7) Parking areas and walks (8) Plumbing systems, drainage systems, electrical systems, and mechanical systems, except systems or items specifically designated otherwise f (9) Ballast and lamp replacement (10) Heating, Ventilation and Air Conditioning(HVAC) Systems (11) Signs and lighting: (a) Pylon _ ✓_ (b) Facia _ _✓_ © Monument ✓ (d) Door/Suite ✓_ (12) Extermination and pest control, excluding wood-destroying insects. ✓ (13) Fences and Gates (14) Storage yards and storage buildings �- (15) Wood-destroying insect treatment and repairs (16) Cranes and related systems (17) (18) (19) All other items and systems �^ Page 5 D. Repair Persons: Repairs must be completed by trained,qualified,and insured repair persons. G. Notice of Repairs: Lessee must promptly notify Lessor of any item that is in need of repair and that is Lessor's responsibility to repair. All requests for repairs to Lessor must be in writing. H. Failure to Repair: Lessor must make a repair for which Lessor is responsible within a reasonable period of time after Lessee provides Lessor written notice of the needed repair. If Lessee fails to repair or maintain an item for which Lessee is responsible within 10 days after Lessor provides Lessee written notice of the needed repair or maintenance,Lessor may repair or maintain the item, without liability for any damage or loss to Lessor, and Lessee must immediately reimburse Lessor for the cost to repair or maintain. 18. Lessor's remedies for Lessee's default are to terminate this Lease by written notice. 19. Default by Lessor is failing to comply with any provision of this Lease within thirty days (30) after written notice unless there is some circumstance beyond the control of the Lessor preventing compliance within thirty(30) days after notice. . 20. This Lease constitutes the sole and entire agreement of the parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreement between the parties respecting such subject matter. 21. Exhibit "A" attached to this Lease is deemed to be incorporated in this Lease as if fully set forth hereinabove. 22. The individual executing this Lease on behalf of Lessee represents and warrants to Lessor that Lessee has full right and authority to enter into this Lease and performance obligations hereunder. 23. The personal property and contents of the Premises will remain the sole property of Lessor. Lessee may use the property with the permission of Lessor. At the end of the Lease Agreement the personal property will remain the property of Lessor unless other arrangements are made. 24. All notices between the Lessee and Lessor are to be sent by certified or registered mail, return receipt requested,to the following addresses: LESSOR: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 LESSEE: Jehovah Jireh Village CDC, Inc. P.O. Box 20214 Beaumont, Texas 77720 Page 6 25. Any disputes concerning this Lease Agreement will be governed by the laws of the State of Texas and venue for those disputes shall be in Jefferson County, Texas. 26. Either Lessor or Lessee may terminate this Agreement upon sixty(60) days written notice to the other party. 27. By the execution of this Lease, Lessee does not intend to assume any obligations or responsibilities of the $1,000,000 Section 108 Loan agreement dated December 27, 2001, and secured by a Loan Agreement, Security Agreement, Promissory Note and Deed of Trust, all dated March 21, 2003. LESSOR: LESSEE: CITY OF BEAUMONT JEHOVAH JIREH VILLAGE CDC, INC.. By: By: Its: Its: Page 7 8 June 8,2010 Consider approving a bid for the purchase of kitchen equipment for use at the Civic Center RICH WITH OPPORTUNITY BEAUMON* T • E I• X • A • s Cit y Council A ends Item � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider the award of a bid for the purchase of kitchen equipment for use at the Civic Center. RECOMMENDATION Administration recommends the award of a bid to Warren Equipment Company of Beaumont in the amount of$119,238.14. BACKGROUND Bids were solicited for the purchase of various pieces of equipment to be installed in the Civic Center kitchen. The purchase includes commercial grade equipment such as an 8'x 16'walk-in cooler and 8'x12'walk-in freezer,two (2) large capacity deep flyers, a 60-gallon kettle,two (2) double-deck convection ovens, a 40-gallon braising pan, a 60-inch char-broiler, a 10-burner range, as well as multiple stainless steel work tables and storage racks. A complete list of equipment to be purchased is attached for your review. The following bids were received: Contractor Bid Warren Equipment Company, Beaumont, TX $119,238.14 ISI Commercial Refrigeration,Beaumont, TX $126,161.00 Kommercial Kitchens, Rose City, TX $127,556.00 RJH Air Conditioning and Refrigeration, Beltsville, MD $136,657.12 Pasco Brokerage, Inc., Plano, TX $146,260.00 Great Lakes Hotel Supply Company, Detroit, MI $122,273.00 "price does not include all items Pricing includes delivery and set-up of all equipment. Kitchen renovations will be considered under a separate construction contract. BUDGETARYIMPACT Funds for this project are budgeted in the Capital Program. Kitchen Equipment May 24,2010 Page 2 KITCHEN EQUIPMENT LIST QTY ITEM DESCRIPTION 4 60" Worktables 36"x60" stainless steel work tables 1 Sink 126"three-compartment sink 1 144" Worktable with Rack 48"x144" work table with overhead pot/pan rack 3 72" Worktables on casters 24"x72" stainless steel work tables on casters 2 24"x60"Mobile Storage Unit 4-shelf mobile storage unit,24"x60" 1 24"x48" Storage Unit 5-shelf stationary storage unit,24"x48" 3 24"x60" Storage Unit 5-shelf stationary storage unit,24"x60" 1 Char Broiler 60" char broiler 1 Equipment Stand 26"x60"equipment stand for char broiler 1 Range 10-burner 60" restaurant range with two standard ovens 1 Braising Pan 40-gallon capacity braising pan 1 Kettle 60-gallon capacity tilting 2/3 jacketed kettle 2 Convection Ovens 40"x42",double-deck convection ovens 1 Convection Steamer 24"x35"convection steamer on cabinet base 1 Tabletop Kettle&Drain Cart tabletop kettle with drain cart, 10-gallon capacity 2 Gas Fryer 20"x35" gas fryer 1 Walk-in Cooler approx. 8'W x 161 x 8'H insulated walk-in cooler,floor with internal ramp,Galvalume steel exterior,pre-painted white interior, includes condenser 1 Walk-in Freezer approx. 8'W x 12'L x 8'H insulated walk-in freezer,floor with internal ramp,Galvalume steel exterior,pre-painted white interior, includes condenser RESOLUTION NO. WHEREAS, bids were solicited for the purchase of kitchen equipment to be installed in the Civic Center kitchen; and, WHEREAS, Warren Equipment Company of Beaumont, Texas, submitted a bid in the amount of $119,238.14; and, WHEREAS, City Council is of the opinion that the bid submitted by Warren Equipment Company should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Warren Equipment Company of Beaumont, Texas, in the amount of$119,238.14 for the purchase of kitchen equipment to be installed in the Civic Center kitchen be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - 9 June 8,2010 Consider approving the purchase of traffic signal equipment 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 P_/ MEETING DATE: June 8, 2010 REQUESTED ACTION: Council consider authorizing the purchase of traffic signal equipment. RECOMMENDATION The Administration recommends the purchase of traffic signal vehicle detection equipment from Naztec, Inc., in the estimated amount of$822,300. BACKGROUND The City of Beaumont was awarded the Traffic Signal Synchronization Grant to replace outdated traffic signal equipment, install traffic signal communications, and implement an Advanced Traffic Management System. The project includes installing fiber lines,new cabinets and controllers, and cameras and related equipment for vehicle detection. Vehicle detection is an essential component of traffic signal efficiency and vital to traffic management. In accordance with the grant award, the total project is to be completed by December 2011. This purchase from Naztec, Inc., will provide the cameras and related equipment to replace or update existing or missing vehicle detection at fifty-nine(59) signalized intersections.Naztec, Inc., will provide the equipment to the City under an existing Interlocal Agreement with the City of Temple, Texas. Participation in this interlocal agreement satisfies the competitive bidding requirements of Texas Local Government Code. Delivery will be scheduled as each corridor is prepared for installation,with the first delivery expected within three(3)weeks. It is expected to take twelve (12)months to complete installation of the vehicle detection equipment in all identified intersections. A list of the intersections is attached for your review. BUDGETARYIMPACT Funds are available for this expenditure through the Transportation Energy Efficiency Traffic Signal Synchronization or Replacement Stimulus Grant Program. The total project is $2,556,853, with the grant award amounting to $2,061,978. The remainder of$494,875 is the City's match which has already been satisfied through an in-kind match of existing equipment and a cash match on a prior purchase. c 0 :o V v ai 7- MLK IH-10 North (Al der Ube rt r Laurel Co liege Franklin Par k Washington Lu Ica s Bi mer Helbig Concord IH-10 Folsom Eleventh Delaware IH-10 Harri son Worth Ca Id er Ube Laurel H of Iwio od Fannin Stagg College Blanchette Corte/ Washin on Dowlen Delavare Folsom Old Dowlen We stri d ge Crow E astex 114-10 Laurel Calder North Harrison C,ladvs I.Vashington rviLK.(On MLK) Irving S ab in a Pass Park AveA AveC College Major D o<wl en La ng ha m Unbergh 23rd 114-10 11t1i,On 11t1* sth 4th Phelan IH-10 Calde° Phelan(Calde6 Li b arty 23rd Lucas Ca IderiM medy La ng ham D wA en Arlin gt on Major 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 purchase traffic signal vehicle detection equipment from Naztec, Inc., in the estimated amount of $822,300 through an Interlocal Agreement with the City of Temple, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of June, 2010. - Mayor Becky Ames - WORKSESSION * Review and discuss proposed rental rates for city- owned event facilities