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Home My WebLink AboutPACKET DEC 14 2010 RICH WITH. OPPORTUNITY BEA,UMON* T - E - 8 - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 14,2010 1:30 P.M. CONSENT AGENDA * Approval of minutes-December 7,2010 * Confirmation of committee appointments A) Approve the purchase of a data storage system for the Police Department B) Approve a one year contract with the Greater Beaumont Chamber of Commerce C) Authorize the City Manager to execute two Division Orders to establish the net revenue interest to be paid to the City for oil and gas wells located on airport property D) Authorize settlement and payment of the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Eric Kvarme. et al vs. The City of Beaumont et al and authorizing the bringing of a lawsuit against the Beaumont Police Officer's Association to seek enforcement of an agreement for reimbursement of indemnity and contribution in the amount of$52,500 E) Authorize the City Manager to execute all documents necessary, specifically including a contract,in order to accept grant funding from the National Highway Traffic Safety Administration provided through the Texas Department of Transportation for impaired driving enforcement and education F) Ratify the issuance and sale of Certificates of Obligation Series 2011 G) Ratify the issuance and sale of General Obligation Refunding Bonds Series 2011 H) Authorize the settlement of the claim of Tommy G.Nelson III I) Approve a resolution denying the request of Driver Operator Grade II James Williams to approve the accumulation of vacation leave from 2010 to 2011 J) Authorize the City Attorney to do all things necessary,including filing and serving all legal actions to contest an adverse vacation carry over arbitration decision, No.703900048410,which the City Attorney determines should be appealed A RICH WITH OPPORTUNITY BEAUMON* T • E ', X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer �II MEETING DATE: December 14, 2010 REQUESTED ACTION: Consider approving the purchase of a data storage system for the Police Department. RECOMMENDATION Administration recommends approval of the purchase of a data storage system from Sigma Solutions Inc. of San Antonio, Texas in the amount of$92,417.90. BACKGROUND Pricing was obtained through the State of Texas Department of Information(DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. The current data storage system that supports the Police and 9-1-1 dispatch software went live in 2006. The vendor will no longer support this hardware which requires us to purchase a new system. The new system will provide safe,reliable data storage and will allow a mirror back-up of the data to be stored at City Hall in the event of a disaster involving the primary site. The new system has an expected minimum life-span of eight(8)years with a yearly maintenance cost($13,940.54)that is roughly half of the current data storage system ($28,061.10). BUDGETARYIMPACT Funding is available from the Confiscated Goods Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the purchase of a data storage system from Sigma Solutions, Inc., of San Antonio, Texas, in the amount of $92,417.90 for use by the Police Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - B RICH WITH OPPORTUNITY [1EA,[1M011T 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: December 14, 2010 REQUESTED ACTION: Council consider authorizing a one year contract with the Greater Beaumont Chamber of Commerce. RECOMMENDATION Administration recommends funding the Greater Beaumont Chamber of Commerce $85,000 for the period January 1, 2011 through December 31, 2011. BACKGROUND The funds will be used for marketing Beaumont and business retention/recruitment efforts. BUDGETARYIMPACT Funds are budgeted in the General Fund. The proposed contact amount is the same as the 2010 funding level. 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 contract with the Greater Beaumont Chamber of Commerce in the amount of$85,000 for economic development purposes effective January 1, 2011 through December 31, 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - C RICH WITH OPPORTUNITY 1 T • E • x . A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager p PREPARED BY: Patrick Donart,Director of Engineering r 0 MEETING DATE: December 14, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to execute two(2)Division Orders with Ballard Exploration Company, Inc. RECOMMENDATION Administration recommends the execution of two (2)Division Orders with Ballard Exploration Company, Inc. of Houston for establishing the net revenue interest to be paid to the City for oil and gas wells located on airport property. BACKGROUND Cimarex Energy has drilled five(5)wells on the Beaumont Municipal Airport property located at 455 Keith Rd. The wells extracted oil and gas from acreage owned by the city as well as acreage leased to Ballard Exploration north of the railroad line and south of Sour Lake Road. Both companies pooled their leases to form a unit for production. Cimarex granted a partial assignment of the City's oil and gas lease to Ballard in February 2010. From this assignment, Ballard will pay revenue to the City. The net revenue interest for Nine Dragons#1 Well is 0.01447223 and the net revenue interest for the Jefferson Airplane#1, #2, #3, and#4 is 0.00024706. The net interest calculation is based on Ballards percentage of the pooled unit, acreage, and royalty due the City. Attached is a copy of both Division Orders for your review. BUDGETARY IMPACT To date, the City has received $22,289.18 from Ballard Exploration, Inc. for the City's share of the production. STATUTORY DIVISION ORDER FORnI PIEASE RETURN TO DIVISION ORDER 8 , 1021 MAIN STREET,SUITE 2310 HOUSTON,TOM 770028802 TO: Ballard Exploration Company,Inc. Effective: Date of First Production 1021 Main Street,Suite 2310 Houston,TX 77002 Property No.2932 The undersigned severally and not jointly certifies it is the legal owner of the interest set out below of all the oil,gas and related hydrocarbons produced from the property described below: OPERATOR: Cimarex Energy Co. Property Name: Cimarex Energy Co.—Nine Dragons#1 County,State: Jefferson County,Texas Legal Description: 180.0 acres,more or less,being a part of the Almanzon Huston League,A-33, and the Asahel Savery League,A-46,Jefferson County,Texas,and being more particularly described in that certain Designation of Unit for the Cimarex Energy Co.—Nine Dragons Gas Unit,dated effective as of the date of first production, and recorded under File No. 2010010812 in the Official Public Records of Jefferson County,Texas. OWNER NAME: City of Beaumont 801 Main Street Beaumont,TX 77701 - TYPE OF INTEREST: RI NET REVENUE INTEREST: 0.01447223 THIS AGREEMENT DOES NOT AMEND ANY LEASE OR OPERATING AGREEMENT BETWEEN THE INTEREST OWNERS AND THE LESSEE OR OPERATOR OF ANY OTHER CONTRACTS FOR THE PURCHASE OF OIL OR GAS. The following provisions apply to each interest owner("Owner")who executes this agreement: TERMS OF SALE: The undersigned will be paid in accordance with the division of interests set out above. The payor shall pay all parties at the price agreed to by the operator for oil and gas to be sold pursuant to this division order. Purchaser shall compute quantity and make corrections for gravity and temperature and make deductions for impurities. PAYMENT: From the effective date,payment is to be made monthly by payor's check,based on this division of interest,from the property listed above,less taxes required by law to be deducted and remitted by payor as purchaser. Payments of less than$50 may be accrued before disbursement until the total amount equals$50 or more,or until December 31 of each year,whichever occurs first. Payee agrees to refund to payor any amounts attributable to an interest or part of an interest that payee does not own. INDEMNITY: The owner agrees to indemnify and hold payor harmless from all liability resulting from payments made to the owner in accordance with such division of interest,included,but not limited to attorney fees or judgments in connection with any suit that affects the owner's interest to which payor is made a parry. DISPUTE: WITHHOLDING OF FUNDS: If a suit is filed that affects the interest of the owner,written notice shall be given to payor by the owner together with a copy of the complaint or petition filed. In the event of a claim or dispute that affects title to the division of interest credited herein, payor is authorized to withhold payments accruing to such interest,without interest unless otherwise required by applicable statute,until the claim or dispute is settled. TERMINATION: Termination of this agreement is effective on the first day of the month that begins after the 30th day after the date written notice of termination is received by either party. NOTICES: The owner agrees to notify payor in writing of any change in the division of interest,including changes of interest contingent on payment or expiration of time. No change of interest is binding on payor until the recorded copy of instrument of change or documents satisfactorily evidencing such change are furnished to payor at the time the change occurs. Any change of interest shall be made effective on the first day of the month following receipt of such notice by payor. Any correspondence regarding this agreement shall be furnished to the addresses listed unless otherwise advised by either party. In addition to the legal rights provided by the terms and provisions of this division order,an owner may have certain statutory rights under the laws of this state. EXECUTED this day of ,2010. WITNESSES: (2 for each Owner) OWNER SIGNATURE: Social Security or Tax I.D.Number Failure to furnish your Social Security?as LD.Number will result In 31%withholding tae in accordance with federal law and any lax withheld will not be refundable to pay payee. I STA'RrTORY DIVISION ORDER FORAI DIVISION ORDER TO: Ballard Exploration Company,Inc. Effective: Dale of First Production 1021 Main Street,Suite 2310 Houston,TX 77002 Property No.2901 The undersigned severally and not jointly certifies it is the legal owner of the interest set out below of all the oil,gas and related hydrocarbons produced from the property described below: OPERATOR: Cimarex Energy Co. Property Name: Cimarex Energy Co.-Jefferson Airplane#1,#2,#3 and#4 Wells County,State: Jefferson County,Texas Legal Descriotion: 425.00 acres,more or less,being a part of the Almanzon Huston League,A-33, and the Asabel Savory League,A-46,Jefferson County,Texas,and being more particularly described in that Designation of Unit for the Cimarex Energy Co.— Jefferson Airplane Gas Unit dated November 12,2009,and recorded under File No.2009043140 in the Official Public Records of Jefferson County,Texas. OWNER NAME: City of Beaumont 801 Main Street Beaumont,TX 77701 TYPE OF INTEREST: RI NET REVENUE INTEREST: 0.00024706 THIS AGREEMENT DOES NOT AMEND ANY LEASE OR OPERATING AGREEMENT BETWEEN THE INTEREST OWNERS AND THE LESSEE OR OPERATOR OF ANY OTHER CONTRACTS FOR THE PURCHASE OF OIL OR GAS. The following provisions apply to each interest owner("Owner")who executes this agreement: TERMS OF SALE: The undersigned will be paid in accordance with the division of interests set out above. The payor shall pay all parties at the price agreed to by the operator for oil and gas to be sold pursuant to this division order. Purchaser shall compute quantity and make corrections for gravity and temperature and make deductions for impurities. PAYMENT: From the effective date,payment is to be made monthly by payor's check,based on this division of interest,from the property listed above,less taxes required by law to be deducted and remitted by payor as purchaser. Payments of less than$50 may be accrued before disbursement until the total amount equals$50 or more,or until December 31 of each year,whichever occurs first. Payee agrees to refund to payor any amounts attributable to an interest or part of an interest that payee does not own. INDEMNITY: The owner agrees to indemnify and hold payor harmless from all liability resulting from payments made to the owner in accordance with such division of interest,included,but not limited to attorney fees or judgments in connection with any suit that affects the owner's interest to which payor is made a party. DISPUTE: WITHHOLDING OF FUNDS: If a suit is filed that affects the interest of the owner,written notice shall be given to payor by the owner together with a copy of the complaint or petition filed. In the event of a claim or dispute that affects title to the division of interest credited herein,payor is authorized to withhold payments accruing to such interest,without interest unless otherwise required by applicable statute,until the claim or dispute is settled. TERMINATION: Termination of this agreement is effective on the first day of the month that begins after the 30th day after the date written notice of termination is received by either party. NOTICES: The owner agrees to notify payor in writing of any change in the division of interest,including changes of interest contingent on payment or expiration of time. No change of interest is binding on payor until the recorded copy of instrument of change or documents satisfactorily evidencing such change are furnished to payor at die time the change occurs. Any change of interest shall be made effective on the first day of the month following receipt of such notice by payor. Any correspondence regarding this agreement shall be furnished to the addresses listed unless otherwise advised by either party. In addition to the legal rights provided by die terms and provisions of this division order,an owner may have certain statutory rights under the laws of this state. EXECUTED this__day of .2010. WITNESSES: (2foreachOwner) OWNERSIGNATURE: Social Security or Tax I.D.Number Failure to furnish your Social Security/Tax LD.Number will result is 31%withholding tae in accordance with federal law and any tax withheld will not be refundable to pay pgvee. 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 two(2) Division Orders with Ballard Exploration Company, Inc.,of Houston,Texas,for establishing the net revenue interest to be paid to the City of Beaumont for oil and gas wells located on airport property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - D RICH WITH OPPORTUNITY 11EAi[111011T T • E . X . A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: December 14, 2010 REQUESTED ACTION: Consider a resolution authorizing settlement and payment of the claims of Douglas Kibodeaux and Rebecca Chism.in the lawsuit styled Eric Kvarme, et al vs. The City of Beaumont, et al and authorizing the bringing of a lawsuit against the Beaumont Police Officer's Association to seek enforcement of an agreement for reimbursement of indemnity and contribution in the amount of$52,500. RECOMMENDATION Administration recommends approval of a resolution authorizing settlement and payment of the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Eric Kvarme, et al vs. The City of Beaumont, et al and authorizing the bringing of a lawsuit against the Beaumont Police Office's Association to seek enforcement of an agreement for reimbursement of indemnity and contribution in the amount of$52,500. BACKGROUND On September 8, 2010, the City of Beaumont mediated the lawsuit styled Eric Kvarme, et al vs. The City of Beaumont, et al. The agreement reached was that the suit would be resolved with the Plaintiffs in the total amount of$105,000. This proposal did not include settlement with Plaintiff Derrick Fowler. The Beaumont Police Officer's Association, as Third Party Defendant by separate agreement with the City of Beaumont, agreed to share in the settlement amount by reimbursing to the City $52,500 within twenty-one (21) days after the City approved the settlement. City Council, on September 21, 2010, passed Resolution No. 10-241 authorizing the settlement of the claim for its share at$52,500. This resolution was amended by Resolution No. 10-270 to reflect a clarification of the terms acceptable to the City Council of the City of Beaumont. Since the time of the approval of the settlement by the City of Beaumont, the Beaumont Police Officer's Association is now refusing to honor its agreement to reimburse to the City its share of the settlement in the amount of$52,500. This refusal has made it necessary to bring suit against the Beaumont Police Officer's Association to seek enforcement of the indemnity agreement for reimbursement. Consequently,the Administration is seeking authority to settle the claims of Douglas Kibodeaux and Rebecca Chism in the total amount of$105,000 with approval to bring suit against the Beaumont Police Officer's Association to seek enforcement of the indemnity agreement to recover the amount of$52,500, which the Beaumont Police Officer's Association had agreed to reimburse to the City of Beaumont. BUDGETARYIMPACT Funds are available in the Litigation Trust Fund to settle this suit. RESOLUTION NO. WHEREAS, the lawsuit styled Eric Kvarme, et al vs. The City of Beauont, et al was discussed in Executive Session properly called and held Tuesday, December 7,2010;and, WHEREAS, the Council desires to authorize the settlement and payment of the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Eric Kvarme, et al vs. The City of Beaumont, et al in the amount of One Hundred Five Thousand Dollars ($105,000) and authorize the bringing of a lawsuit against the Beaumont Police Officer's Association to seek enforcement of an agreement for reimbursement of indemnity and contribution in the amount of Fifty-Two Thousand Five Hundred Dollars ($52,500); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Attorney be, and he is hereby, authorized to settle the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Eric Kvarme, et al vs. The City of Beaumont, et al for the sum of One Hundred Five Thousand Dollars ($105,000). BE IT FURTHER RESOLVED THAT the City Attorney, or his designee, be authorized to file a lawsuit against the Beaumont Police Officer's Association to seek enforcement of an agreement for reimbursement of indemnity and contribution in the amount of Fifty-Two Thousand Five Hundred Dollars ($52,000). BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to settle the lawsuit claims of Douglas Kibodeaux and Rebecca Chism. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - E RICH WITH OPPORTUNITY C ► � City Council Agenda Item T • E • X - A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police C' MEETING DATE: December 14, 2010 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a contract, in order to accept grant funding from the National Highway Traffic Safety Administration provided through the Texas Department of Transportation for impaired driving enforcement and education. RECOMMENDATION Administration recommends approval. BACKGROUND The City of Beaumont was identified as one having at least three alcohol related fatalities during 2008. That, combined with the City's population, put the Beaumont Police Department on the list of agencies TxDOT has offered assistance to aid in the enforcement and education of impaired driving. The grant will assist the department in conducting DWI enforcement waves during holiday periods to increase DWI arrests and earn media activity as part of the statewide "Drink. Drive. Go to Jail" campaign and in conjunction with the national impaired Driving Mobilization campaign. BUDGETARYIMPACT The total amount awarded is $13,203.04 with $9,822.60 eligible for reimbursement. The remaining $3,380.44 to be matched by the City. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically including a contract, to assist the Beaumont Police Department in conducting DWI enforcement waves during holiday periods, in order to receive grant funding in an amount up to $13,203.04 from the National Highway Traffic Safety Administration provided through the Texas Department of Transportation for impaired driving enforcement and education. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11co ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager `` PREPARED BY: Tyrone E. Cooper, City Attorne3Y MEETING DATE: December 14, 2010 REQUESTED ACTION: Council consider a resolution ratifying the issuance and sale of Certificates of Obligation Series 2011 in the amount of $35,380,000. RECOMMENDATION Council consider a resolution ratifying the issuance and sale of Certificates of Obligation Series 2011 in the amount of$35,380,000. BACKGROUND Notice for the City Council meeting of December 7, 2010 was posted for the issuance and sale of $35,000,000 City of Beaumont, Texas Certificates of Obligation Series 2011. The actual value of the Certificates of Obligation sold was $35,380,000. The intent of this item is to correct and reflect the actual value of the Certificates of Obligation authorized to be sold as $35,380,000 and to ratify the action for the issuance and sale of Certificates of Obligation Series 2011 in the amount of$35,380,000. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, notice for the City Council meeting of December 7, 2010 was posted for the issuance and sale of $35,000,000 City of Beaumont, Texas Certificates of Obligation Series 2011; and WHEREAS, the actual value of the Certificates of Obligation sold was$35,380,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Council hereby ratifies the issuance and sale of Certificates of Obligation Series 2011 in the amount of$35,380,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - G RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager (� PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 14, 2010 REQUESTED ACTION: Council consider a resolution ratifying the issuance and sale of General Obligation Refunding Bonds Series 2011 in the amount of$17,785,000. RECOMMENDATION Council consider a resolution ratifying the issuance and sale of General Obligation Refunding Bonds Series 2011 in the amount of$17,785,000. BACKGROUND Notice for the City Council meeting of December 7, 2010 was posted for the issuance and sale of up to $17,700,000 in General Obligation Refunding Bonds Series 2011. The actual value of the General Obligation Refunding Bonds Series 2011 was $17,785,000. The intent of this item is to correct and reflect the actual value of the General Obligation Refunding Bonds authorized to be sold as $17,785,000 and to ratify the action of the City Council for the issuance and sale of General Obligation Refunding Bonds Series 2011 in the amount of$17,785,000. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, notice for the City Council meeting of December 7, 2010 was posted for the issuance and sale of up to $17,700,000 in General Obligation Refunding Bonds Series 2011; and WHEREAS, the actual value of the General Obligation Refunding Bonds Series 2011 sold was $17,785,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Council hereby ratifies the issuance and sale of General Obligation Refunding Bonds Series 2011 in the amount of$17,785,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - H RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne� MEETING DATE: December 14, 2010 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Tommy G.Nelson III. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Tommy G. Nelson III. BACKGROUND Council discussed the settlement of this claim in Executive Session on December 7, 2010. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the sum of$7,500. RESOLUTION NO. WHEREAS, the claim of Tommy G. Nelson III has been discussed in an Executive Session properly called and held Tuesday, December 7, 2010; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Attorney be and he is hereby authorized to settle the claim of Tommy G. Nelson III in the amount of Seven Thousand Five Hundred Dollars ($7,500). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY C ► ( City Council Agenda Item T - E - X • A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attomexyo-1111' MEETING DATE: December 14, 2010 REQUESTED ACTION: Council consider a resolution denying the request of Driver Operator Grade II James Williams to approve the accumulation of vacation leave from 2010 to 2011. RECOMMENDATION Administration recommends denial of the request of Driver Operator Grade II James Williams to carry over vacation leave from 2010 to 2011. BACKGROUND Driver Operator Grade II James Williams has requested to be allowed to carry over vacation leave accumulated in the year 2010 to be used in 2011 due to a permanent illness. The Collective Bargaining Agreement between the City and the IAFF Local 399 does not make an exception for the carry over of accrued vacation leave. The Agreement at XIII, Section 2 states in part: "All vacation time earned in a calendar year must be taken in the following calendar year." The Texas Local Government Code at Section 143.046(c), gives to the City Council the ability to approve the accumulation of vacation leave from year to year for Firefighters and Police Officers. In light of the fact that Driver Operator Grade II James Williams is out on a line of duty injury and not expected to return to his duties this year as a Beaumont Firefighter, the Administration is of the opinion that the carry over of accrued vacation time is not merited. The Administration would recommend the denial of the request. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, the City of Beaumont and the International Association of Firefighters, Local 399 (hereinafter 1AFF 399"), entered into a Collective Bargaining Agreement effective February 13, 2008; and WHEREAS, Article XIII, Section 2, addresses vacation leave, how it is earned and how it is to be scheduled and taken; and WHEREAS, the Collective Bargaining Agreement, Article XIII, Section 2, does not allow exceptions as to the absolute no vacation carryover provision; and WHEREAS, Local Government Code, Section 143.046(c), gives to the municipality's governing body the ability to approve the accumulation of vacation leave from year to year; and WHEREAS, neither the Beaumont City Manager nor the Beaumont Fire Chief have been authorized to grant exceptions to Article XIII, Section 2, to allow the carryover of vacation leave from year to year; and WHEREAS, any past exceptions made to such provision were unauthorized in that they were not in compliance with the Collective Bargaining Agreement or Local Government Code, Section 143.046(c); and WHEREAS, the City Council for the City of Beaumont does not intend to amend the Collective Bargaining Agreement except as provided for by Article XXXIII; and WHEREAS, the City Council has considered the request of Driver Operator Grade II James Williams to carryover vacation leave from one year to a subsequent year and is of the opinion that it would not be in the best interest of the citizens of Beaumont to grant the request and, therefore, the request should be denied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted. THAT the request of Driver Operator Grade II James Williams to carryover vacation leave to a subsequent year be and it is hereby denied. THAT the meeting at which this resolution was approved was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - J RICH WITH OPPORTUNITY 1111CAI[IMONT � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 14, 2010 REQUESTED ACTION: Consider a Resolution authorizing the City Attorney to do all things necessary,including filing and serving all legal actions to contest an adverse vacation carry over arbitration decision, No.703900048410, which the City Attorney determines should be appealed. RECOMMENDATION Administration recommends authorizing the City Attorney and his authorized staff to take all action necessary to contest an adverse arbitration decision which, in the opinion of the City Attorney should be appealed. Such authorization is retroactive as well as prospective, so that all action already taken in this matter is hereby ratified and all future action of this cause is hereby authorized. BACKGROUND On November 18, 2010 the City Attorney received an opinion from Arbitrator Diane Massey requiring the payment of vacation time earned in 2007 which was not used in 2008 as prescribed by the Fire Collective Bargaining Agreement. The Collective Bargaining Agreement does not allow for the compensation for vacation time not used in the year after it is earned. It is the opinion of this office that the Arbitrator is without jurisdiction to make such a decision. In order to challenge a decision of the Arbitrator, a suit must filed within 10 days from the receipt of the opinion. The deadline for filing suit to contest the Arbitrator's decision was prior to the convening of the Council Meeting on December 7, 2010. The City Attorney seeks authorization and ratification to file an appeal to review the opinion of the Arbitrator. BUDGETARYIMPACT Cost estimates may vary and are undetermined. PREVIOUS ACTION Cause No. B-188,868, City of Beaumont vs. Beaumont Professional Firefighter's Local 399 and James Landrum, has been filed in the District Court of Jefferson County on November 24, 2010. Citations have not been issued. Ratification and authorization for this action as well as future actions is requested by the City Attorney. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to file an appeal of arbitration decision No. 703900048410 and the filing is hereby ratified to contest an adverse arbitrator's decision requiring the payment for unused vacation time that was not used in accordance with the terms of the Firefighter's Collective Bargaining Agreement. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EA,[1M0N* T * E - X * A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 14,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a contract for the Riverfront Park Neches River Bank Stabilization Project 2. Consider approving a change order to replace an existing waterline related to the Downtown Brick Paver Sidewalk Project 2008 3. Consider approving the purchase of two excavators for use by the Water Department 4. Consider approving a change order to the Calder Avenue Drainage and Pavement Improvement Project-Phase III 5. Consider approving a change order to the Downtown Event Center Project 6. Consider authorizing the City Manager to execute a Development and Lease Agreement with the Beaumont Children's Museum WORK SESSION * Review and discuss a proposed three-foot safe passing ordinance to protect walkers,runners and cyclists on city roadways 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: Robert F. Ramsey, Sr. v. City of Beaumont 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 December 14,2010 Consider approving a contract for the Riverfront Park Neches River Bank Stabilization Project RICH WITH OPPORTUNITY IIEA1111�1011T T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Director of Engineering MEETING DATE: December 14, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to execute a contract for the Riverfront Park Neches River Bank Stabilization Project. RECOMMENDATION The administration recommends the award of a contract to Russell Marine, LLC in the amount of $3,022,510 for furnishing all materials, equipment, supplies and labor to stabilize the Neches River Bank at Riverfront Park. Alternate No. 1 provides for the reconstruction of a section of the concrete sidewalk near the existing dock and is recommended along with the Base Bid. BACKGROUND The Council authorized the acceptance of a grant through the Texas Department of Rural Affairs (TDRA) on November 17, 2009 for Supplemental Disaster Recovery Non-Housing Activities. The approved projects to be funded through this grant are Riverfront Park Bank Stabilization and Cartwright/Corley Drainage Improvements. The grant total for both projects is $4,340,669. Both projects have been designed and bids were received on November 18`h for Riverfront Park Bank Stabilization. The bids received are as follow: Contractor Base Bid Alt No. 1 Alt. No. 2 Russell Marine, LLC $2,638,610.00 $383,900.00 $126,330.00 Channelview, TX Bo-Mac Contractors $2,800,743.67 $413,529.81 $259,021.00 Beaumont, TX Storm Reconstruction Services, Inc. $2,921,381.00 $576,671.00 $94,645.00 Mobile, AL Reytec Construction Resources, Inc. $3,267,800.00 $386,600.00 $302,100.00 Houston, TX Riverfront Park Bank Stabilization December 1, 2010 Page 2 The northern portion of Riverfront Park is experiencing erosion due to the currents in the river. During Hurricane Ike, the northern section of the park received extensive damage to the bank and boardwalk due to the storm surge. As a result a portion of the park has been cordoned off to prevent use of the damaged sections of the park. Included in the base bid is the removal of the existing pier and shelter, relocation of the walking trail, installation of sheetpiling and backf lling with concrete rip rap. Alternate No. 1 provides for the reconstruction of a section of the concrete sidewalk near the existing dock and Alternate No. 2, not recommended for award, provides for the addition of concrete rip rap on the south section of the park. The majority of this work will be done by barge along the river bank, therefore, subcontracting is minimal. Russell Marine plans to contract their fuel supply and concrete work to certified MBE firms, Bruce's General Construction and Suncoast Resources. The project will begin in January and should be completed within six(6) months. During the construction period,the park will be closed to the public. BUDGETARY E"ACT Funds are available from a grant awarded to the City by the Texas Community Development Block Grant Program administered by the Texas Department of Rural Affairs. These funds are part of the supplemental disaster recovery funds associated with Hurricane Ike. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Russell Marine, LLC, of Channelview, Texas, in the amount of $3,022,510.00 for the Riverfront Park Neches River Bank Stabilization Project to include all materials, equipment, supplies and labor to stabilize the Neches River Bank at Riverfront Park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - 2 December 14, 2010 Consider approving a change order to replace an existing waterline related to the Downtown Brick Paver Sidewalk Project 2008 RICH WITH OPPORTU ITY City Council Agenda Item T - E - X - A - S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, P.E., Director of Engineering MEETING DATE: December 14, 2010 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No. 4 for the Downtown Brick Paver Sidewalk Project 2008. RECOMMENDATION The Administration recommends approval of Change Order No. 4 in the amount of$322,729.75 for adding construction item quantities for waterline improvements to the Downtown Brick Paver Sidewalk Project 2008. BACKGROUND The downtown area is currently experiencing a tremendous amount of private investment. To make downtown more attractive and entice further capital investments,the City will continue to make street, sidewalk, lighting and landscaping improvements. The initial project paved Crockett Street between Main Street and Pearl Street, and installed brick sidewalks in the surrounding block. It was followed by sidewalk, lighting and landscaping improvements on Orleans Street from Wall to Crockett Streets and Pearl Street from College Street to Calder Avenue. This current section, Park and Neches Streets from College Street to Laurel Avenue is under construction. Change Order No. 1 provided for the installation of additional storm sewer pipe on Forsythe and Wall Streets and the reconstruction of the Municipal Parking Area. Change Order No. 2 provided for additional construction items for brick sidewalk improvements for Neches Street(College Street to the railroad tracks), Trinity Street(College Street to the railroad tracks), south side of College Street(Neches to Trinity Streets), and Crockett Street(Park to Orleans Streets). Change Order No. 3 provided for increasing construction quantities for the installation of a new waterline in Fannin Street(Orleans to Neches Streets). Change Order No. 4 in the amount of$322,729.75 is required to increase construction quantities for the installation of new waterline on Pearl Street,North Street, Liberty Avenue, Orleans Street and Broadway Street, increasing the contract amount to $9,722,821.83. The proposed extra work Downtown Brick Paved Sidewalks and Drainage Improvements Project December 14, 2010 Page 2 will increase the contract by 3.75% and represent an increase of 13.11% to the original contract amount. Previous actions include: Resolution 08-297 in the amount of$8,595,437.53 was passed by City Council on November 4, 2008. Resolution 09-126 in the amount of$337,559.00 was by City Council on May 5, 2009. Resolution 10-182 in the amount of$371,755.55 was by City Council on July 13, 2010. Resolution 10-208 in the amount of$95,340.00 was by City Council on August 10, 2010. The approval of Change Order No. 4 is recommended by the City Manager, Director of Engineering, and Water Utilities Director. BUDGETARYIMPACT Funds are available through the Capital Program- Water and Sewer Projects. CITY OF BEAUMONT DATE: December 9,2010 PROJECT: Downtown Brick Paved Sidewalk Project 2008 OWNER: City of Beaumont CONTRACTOR: BRYSTAR CONTRACTING CHANGE ORDER NO.: 4 'FHBi Ia£#TL> #i tr^ E I T Pf.!lEg Jlt .. �. Add all construction items to the contract outlined below: Replacing existing waterline on Pearl Street from Calder Ave.to North St.also,from North St.to Hazel Ave.and, on North Street from Willow St.to Pearl St.,also on Broadway from Magnolia Ave.to Willow St.and on Liberty Ave. from Magnolia Ave.to Willow St.,also from Willow St.to Pearl St.and on Orleans Street from Broadway to Liberty Ave. See Attached ORIGINAL CONTRACT AMOUNT: $8,595,437.53 NET FROM PREVIOUS CHANGE ORDERS NO.1-3: $9,400,092.08 TOTAL AMOUNT OF THIS CHANGE ORDER: $322,729.75 PERCENT OF THIS CHANGE ORDER: 3.75% TOTAL PERCENT CHANGE ORDER TO DATE: 13.11% NEW CONTRACT AMOUNT: $9,722,821.83 ACCEPTED BY: CONTRACTOR RECOMMENDED BY: PATRICK DONART,P.E. DIRECTOR/CITY ENGINEER HASSAN SHOMALZADEH,P.E. STREET ENGINEER DR.HANI TOHME,P.E. WATER UTILITIES DIRECTOR APPROVED BY: ATTESTED BY: KYLE HAYES,CITY MANAGER TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on November 4, 2008,the City Council of the City of Beaumont,Texas, passed Resolution No. 08-297 awarding a contract in the amount of $8,595,437.53 to Brystar Contracting, of Beaumont, Texas, for the Downtown Brick Paver Sidewalk Project 2008; and WHEREAS, on May 5, 2009, the City Council of the City of Beaumont, Texas passed Resolution No. 09-126 for Change Order No. 1 in the amount of $337,559.00, thereby increasing the contract amount to $8,932,996.53; and WHEREAS, on July 13, 2010, the City Council of the City of Beaumont, Texas passed Resolution No. 10-182 for Change Order No. 2 in the amount of $371,755.55, thereby increasing the contract amount to $9,304,752.08; and WHEREAS, on August 10, 2010, the City Council of the City of Beaumont, Texas passed Resolution No. 10-208 for Change Order No. 3 in the amount of $95,340.00, thereby increasing the contract amount to $9,400,092.08; and WHEREAS, Change Order No. 4 in the amount of $322,729.75 is required to increase construction quantities for the installation of new waterline on Pearl Street, North Street, Liberty Avenue, Orleans Street and Broadway Street, thereby increasing the contract amount to $9,722,821.83. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 4 for additional work described above, thereby increasing the contract amount by $322,729.75 for a total contract amount of$9,722,821.83. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - i 3 December 14,2010 Consider approving the purchase of two excavators for use by the Water Department RICH WITH OPPORTUNITY BEAUMON* 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: December 14, 2010 REQUESTED ACTION: Council consider approving the purchase of two(2) excavators for use by the Water Department. RECOMMENDATION The administration recommends approval of the purchase from Waukesha-Pearce Industries Inc. of Houston in the amount of$180,935. BACKGROUND Pricing for the equipment was obtained through the BuyBoard Cooperative Purchasing Program. Buyboard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard complies with the State of Texas procurement statutes. One of the Komatsu Model PC88MR-8 excavators will be used by the pipe bursting crew for sewer line rehabilitation and will be capable of handling larger pipe for more diversified operations. The other excavator will be used for sewer construction and replaces Unit 5141, a 2001 model excavator with 4,000 hours of service. Unit 5141 was scheduled for replacement in fiscal 2010 but had to remain in service when another unit of similar age developed irreparable mechanical problems. The old unit will be disposed of according to the City's surplus equipment disposal policy. The basic warranty provided is three years or 3000 hours. Warranty service is available from Waukesha-Pearce of Port Arthur. Delivery is estimated at thirty(30)days. BUDGETARY IMPACT Funds are budgeted in the Water Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve the purchase of two(2) excavators from Waukesha-Pearce Industries, Inc., of Houston, Texas, in the amount of $180,935 through the BuyBoard, a cooperative purchasing program, for use by the Water Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - 4 December 14,2010 Consider approving a change order to the Calder Avenue Drainage and Pavement Improvement Project-Phase III RICH WITH OPPORTUNITY City Council Agenda Item BEA,UM011* T • E • % • A • S TO: City Council FROM: Kyle Hayes, City Manager /� PREPARED BY: Patrick Donart, Director of Engineering Po MEETING DATE: December 14, 2010 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No. 1 for the Calder Avenue Drainage and Pavement Improvement Project- Phase III. RECOMMENDATION The Administration recommends approval of Change Order No. 1 in the amount of$94,928.00, for adding construction items and reducing construction item quantities to the Calder Avenue Drainage and Pavement Improvement Project- Phase III. BACKGROUND The section of Calder Avenue from Main Street to Phelan Boulevard is a heavily-traveled roadway that provides access from downtown to the west end of the City. The current roadway is four lanes with a continuous left-turn lane to west of IH-10 and two lanes with a continue left- turn lane from west of IH-10 to West Lucas. The condition of existing pavement is poor and requires rehabilitation. This project will include the installation of storm sewer box culverts, water& sanitary sewer lines, concrete pavement, brick paver sidewalk, and traffic signals on Calder Avenue. Phase III of the Calder Project extends from IH-10 to Phelan Boulevard. During the construction: 1. The existing water line was located at a higher elevation. Approximately 425' of water line will be lowered to remove from the base of the proposed concrete pavement. 2. Three existing AT&T cable crossings were located at a lower elevation. 36' of concrete box culvert will be modified to allow the cables to cross the concrete boxes, and the work will be reimbursed by AT&T. 3. The design specification for the concrete boxes beyond TxDOT ROW was revised to match that of Calder Phase I & II. A cost reduction of$20,000.00 is credited back to the City. The proposed extra work will increase the contract by 0.96%. Calder Avenue Drainage & Paving Improvement Project December 14, 2010 Page 2 Previous actions include: Resolution 10-173 in the amount of$9,879,522.15 was passed by City Council on June 29, 2010. The approval of Change Order No.l is recommended by the City Manager, Director of Engineering, and Water Utilities Director. BUDGETARYIMPACT $36,000.00 will be provided by AT&T for their cable adjustment.The remaining funds are available through the Capital Program. CITY OF BEAUMONT DATE: Dec.6,2010 PROJECT: Calder Avenue Drainage and Pavement Improvement Project ,, OWNER: City or Beaumont CONTRACTOR: Reytec Construction Resources Inc. CHANGE ORDER NO.: 01 THLfT?EfLLdtVIN,LHP1Nt#1i�1(N;tH�PLA1!TN Al11D/oFk�P90 1CATION9 Ali)v HEREBY il?ADL Add Construction Items and/or quantities to the Contract: Item Item Original New Unit Description Unit Amount No. Code Quantity Quantity Price 462 003 CONC BOX CULV(14'x8') LF 2393.00 2357.00 $530.00 -$19,080.00 462 003A CONC BOX CULV(14'x8') LF 0.00 36.00 $1,530.00 555,080.00 462 005 CONC BOX CULV(10'x7') LF 1259.00 0.00 $360.00 4453,240.00 462 005A CONC BOX CULV(10'x7') LF 0.00 1259.00 $344.11 5433,240.00 502 001 BARRICADES,SIGNS,AND TRAFFIC HANDLINGS I MO 16.001 17.00 $2,000.00 12,000.00 810 36a Fumish&Install 18"Class 150-C905 PVC Water Line LF 0.001 425.00 5102.00 543,350.00 404 54a 30"x 1/4"Steel Casing,Complete in Place LF 0.00 90.00 5109.09 $9,818.00 81 Modify Ext.Culy at Proposed 18"WL Crossing(Det.A) EA 0.00 1.00 11000 SI1,000.00 82 Modify Ext.Culy at Proposed 18"WL Crossing(Det.B) EA 0.00 1.00 12760 512,760.00 ADD TOTAL AMOUNT $94,928.00 ORIGINAL CONTRACT AMOUNT: $9,879,522.15 NET FROM PREVIOUS CHANGE ORDERS: $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: 594,928.00 PERCENT OF THIS CHANGE ORDER: 0.96% TOTAL PERCENT CHANGE ORDER TO DATE: 0.96% NEW CONTRACT AMOUNT: $9,974,450.15 +ORT>JN(l9)?DAXS t'DD1)TCiCONTI?AGTR7P >? TED BY:7lE1S CIIA Oz:.QRDCt ACCEPTED BY: , CONTRACTOR RECOMMENDED BY: PATRICK DONART,P.E. ZTWAG TAN,P.E. CITY ENGINEER Sr.DESIGN ENGINEER DIRECTOR OF ENGINEERING APPROVED BY: ATTESTED BY: KYLE HAYES,CITY MANAGER TINA BROUSSARD,CITY CLERK RESOLUTION NO. WHEREAS, on June 29, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-173 awarding a contract in the amount of $9,879,522.15 to Reytec Construction Resources, Inc., of Houston, Texas, for the Calder Avenue Drainage and Pavement Improvement Project - Phase III; and WHEREAS, Change Order No. 1 in the amount of$94,928 is required for adding construction items and reducing construction item quantities to the Calder Avenue Drainage and Pavement Improvement Project- Phase III, thereby increasing the contract amount to $9,974,450.15; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above, thereby increasing the contract amount by $94,928 for a total contract amount of$9,974,450.15. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames 5 December 14, 2010 Consider approving a change order to the Downtown Event Center Project RICA WITH OPPORTUNITY BEAUMONW T • E ,• x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager n PREPARED BY: Patrick Donart, Director of Engineering r C) MEETING DAVE: December 14, 2010 REQUESTED ACTION: Council consider the approval of Change Order.No. 1 for work at the Downtown Event Center Complex. RECOMMENDATION Administration recommends the approval of Change Order No.l in the amount of$60,101. BACKGROUND A contract in the amount of$8,126,000 was awarded to C. F. Jordan Construction of Houston for the construction of the new downtown event center complex in April 2010. Change Order No. 1 in the amount of$60,101 includes costs associated with unforseen casing and concrete work, additional excavation and rough grading beyond the original scope of work, substitution of aluminum composite exterior building panels and an extension of the completion time by twenty-eight(28) days. The building foundation is supported by piers drilled to a depth of twenty-five feet. During the excavation, a strata of interior wet soil was discovered at depths of 15-18 ft. at several of the pier locations. To stabilize the soil, a steel casing was inserted for each pier. The extra cost is for the additional steel casing and concrete used for 200 building piers. The cost for this additional work is $22,612. Prior to the award of the bid, Drainage District 6 agreed to excavate and roughly grade the property east of the event center. During construction, it was determined that the elevations were not at the architect's designed elevations and additional soil removal and rough grading would be required to properly align the building with the site's amenities. The cost to survey, grade and remove more than 6,500 cubic yards of material is $72,489. A substitute exterior building panel has been recommended by the contractor and reviewed and approved by the architect. The alternate, Alucabond exterior panels are durable, resistant to W rays, cost effective and are architecturally equal to the specified panels. The aluminum composite panels originally specified are more costly to install. The cost for the alternate panels resulted in a credit to the project of$35,000. Change Order No. 1 - Event Center December 8, 2011 Page 2 Additionally, CF Jordan has requested an increase in the number of days for completion. The additional work included in this change order has delayed the project's completion by twenty- eight(28)days. If approved, the date of substantial completion is June 21, 2011. A copy of the change order is attached for your review. BUDGETARY E"ACT Funds for this change order are available in the Capital Program. � ment G701 TM - 2001 Document Change Order PROJECT(Name and address): CHANGE ORDER NUMBER:001 OWNER:❑ The Event Center,Lawn and Lake DATE:November 15,2010 ARCHITECT:❑ CONTRACTOR:❑ TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:CBUn70l.B FIELD:❑ CF Jordan Construction CONTRACT DATE:5/11/2010 9801 Westheimer,Suite 320 CONTRACT FOR:General Construction OTHER: Houston,TX 77042-3978 THE CONTRACT IS CHANGED AS FOLLOWS: (Include,where applicable, any undisputed amount attributable to previously executed Construction Change Directives) CIOD003-RFI#50 Existing Lake Location,Elevations,Etc...............................................ADD$72,489.00 CIOD004-Unforseen Conditions-Casing and Concrete Pier.............................................ADD$22,612.00 CIOD005-Aluminum Composite Panels Alternate.........................................................ADD$-35,000.00 TOTAL$60,101.00 The original Contract Sum was $ 8,126,000.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 8,126,000.00 The Contract Sum will be decreased by this Change Order in the amount of $ 60,101.00 The new Contract Sum including this Change Order will be $ 8,186,101.00 The Contract Time will be increased by twenty eight(28)days. The date of Substantial Completion as of the date of this Change Order therefore is June 21,2011 NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. SWA Group CF Jordan Construction LLC City of Beaumont ARCHITECT(Finn name) CONTRACTOR(Firm name) OWNER(Firm name) 1245 West 18th Street 9801 Westheimer,Suite 320 801 Main Street 200 Houston,TX 77008 Houston,TX 77042-3978 Beaumont,TX 77701 ADDRESS ADDRESS ADDRESS BY ture B ign re) BY(Signature) (Typed name) (Typed name) (Typed name) 12--1 / o-Icpho DATE F DATE DATE AIA Document G701--2001.Copyright©1979,1987,2000 and 2001 by The American Institute of Architects.Al rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIO Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This documentwas produced by AIA software at 17:04:56 on 11/29/2010 under Order No.0939521488_1 which expires on 01/16/2011,and is not for resale. User Notes: (1967670381) RESOLUTION NO. WHEREAS, on April 20, 2020, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-100 awarding a contract in the amount of$8,126,000 to C. F. Jordan Construction, L.L.C., of Houston, Texas, for Alternates 1, 2, 3, 4, 5, 6 and 8 for the construction of the Event Center, Lake and Lawn in downtown Beaumont; and WHEREAS, Change Order No. 1 in the amount of $60,101 includes costs associated with the unforseen casing and concrete work, additional excavation and rough grading beyond the original scope of work, substitution of aluminum composite exterior building panels, thereby increasing the contract amount to $8,186,101 and extending the completion time by twenty-eight (28) days; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above, thereby increasing the contract amount by $60,101 for a total contract amount of$8,186,101. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - 6 December 14,2010 Consider authorizing the City Manager to execute a Development and Lease Agreement with the Beaumont Children's Museum RICH WITH OPPORTUNITY r '1 Agenda Item T • E • % - A - s City Councl g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Director of Engineering PJ MEETING DATE: December 14, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Development and Lease Agreement with the Beaumont Children's Museum(BCM. RECOMMENDATION Administration recommends authorizing the City Manager to execute a Development and Lease Agreement with the Beaumont Children's Museum, a non-profit corporation,for property located on the corner of Neches and Crockett Streets. BACKGROUND In 2007,BCM began seeking downtown locations for future development of a Children's Museum. Also, during this time,the City began developing a Master Plan for a sixteen(16)acre track of land located between Neches and MLK,bordered by Bonham and Crockett Streets. The former Oil City Brass Works Building located west of Neches at Crockett Street was purchased by the City and included in the sixteen(16) acre track. The City did not have plans to use the building which was slated for demolition when BCM requested that it be considered for the Children's Museum. BCM evaluated its condition and determined that it could be refurbished and would be a suitable location for their proposed museum if surrounding land could also be acquired. BCM has agreed to renovate the Oil City Brass Building and possibly construct new buildings on the surrounding property as shown on Attachment A at its own expense for a Children's Museum. BCM has agreed to develop the property within six(6)years or the lease will be terminated. After development, the City agrees to accept the gift of the museum facilities and lease the facilities to BCM for a twenty-five(25)year period with an option to renew for an additional twenty-five(25)year period. BCM will be responsible for all costs associated with the development of the property. During the lease term, BCM will be responsible for all facility operations, general building maintenance, i Development and Lease Agreement December 6, 2010 Page 2 utility costs, and personal and property liability insurance. During the lease term period,the City will be responsible for major maintenance, such as HVAC system, roofs, foundation, major plumbing repairs, exterior windows and the structural integrity of the facilities. The City is in the process of removing trash and debris from the building. The building will be secured and the exterior painted prior to the opening of the Event Center. Upon receipt of the renovated facilities,BCM agrees to pay the sum of$500 for the first twenty- five (25)year lease term. As rental for the twenty-five(25)year renewal term, BCM will pay the City$1,000. The proposed lease agreement, in its substantial form, is provided for your review. BUDGETARY E"ACT Cost for associated general maintenance currently in progress will be funded by the Capital Reserve Fund. No other costs will be borne by the City until the lease term begins. 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 Development and Lease Agreement, substantially in the form attached hereto as Exhibit"A"and made a part hereof for all purposes, with the Beaumont Children's Museum (BCM), a non-profit corporation, for property located on the corner of Neches and Crockett Streets. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of December, 2010. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § DEVELOPMENT AND LEASE AGREEMENT This Development and Lease Agreement is entered into this the /D' day of �4 �, 2010, by and between the City of Beaumont, a municipal corporation of the State of Texas (hereinafter referred to as "City"), and The Beaumont Children's Museum, a nonprofit corporation of the State of Texas (hereinafter referred to as "BCM"), WITNESSETH : WHEREAS, BCM desires to renovate a building owned by the City and possibly construct new buildings or facilities and thereafter lease the museum building(s) and land (herein the "Facilities") as a children's museum for the benefit of the citizens of Beaumont and Southeast Texas; and WHEREAS, City has Property available, said Property being described in Exhibit "A" attached hereto and made a part hereof for all purposes (herein the"Property"), and wishes to allow BCM the use of the Property for purposes of a children's museum and related fundraising and publicity events during all terms of possession. 3 NOW, THEREFORE, IN CONSIDERATION of the mutual promises herein contained and with successful project implementation being the common objective, City and BCM agree as follows: Page 1 EXHIBIT "A" 1. CITY COMMITMENTS 1.1. City will provide to BCM, free and clear of all trash, physical encumbrances and environmental hazards, the Property. City will provide to BCM sidewalks and site lighting around the Property and parking will be made available near the property. The Property will be made available for a period of six (6) years after the date of execution of this Agreement, after which time the right of BCM to use the Property will terminate unless BCM has either completed or substantially completed the construction of a museum building on the Property. 1.2. After completion of the museum (renovation of the existing building and/or new construction of buildings) and approval by the City, the City will accept the gift of the museum Facilities and lease the Facilities to BCM for a twenty-five (25) year period, with an option to renew for an additional twenty-five (25) year period. 2. BCM COMMITMENTS 2.1. BCM will be solely responsible for providing funding of the entire project, including, but not limited to, construction costs, architectural fees, engineering fees and 3: geotechnical fees necessary for the construction of the museum Facilities. 2.2. BCM will retain an architect licensed in the State of Texas to prepare construction drawings and specifications and provide contract management of the entire project. The plans and specifications for the project shall be subject to the approval of the City Manager of City or his designee. Page 2 2.3. BCM will be responsible for the renovation and construction of the museum Facilities in accordance with all laws and ordinances applicable to such construction. 2.4. BCM will execute all documents necessary to make a gift of the museum Facilities to City after completion of construction and acceptance by City. 3. LEASE AGREEMENT 3.1. For and in consideration of the gift of the museum Facilities to the City and the performance by BCM of covenants and agreements contained in this instrument, City does hereby lease and let unto BCM and BCM does hereby take and lease from City the Facilities. 3.2. The Lease shall commence after the gift to City by BCM and the acceptance by City of the museum Facilities and shall continue for an initial term of twenty-five (25) years thereafter, said initial Lease to terminate no later than the 31 st day of August, 2041, if not sooner terminated as hereinafter provided. BCM shall also be entitled to one renewal term of twenty-five (25) years, to commence on September 1, 2041. BCM shall provide City with written notice by March 1, 2041, of its intention to exercise the renewal term. 3.3. As rental for the initial term hereunder, BCM agrees to pay to City the sum of Five Hundred Dollars ($500), said sum being payable in advance on the date of the gift to City by BCM of the Museum Facilities. As rental for the renewal term, BCM agrees to pay City One Thousand Dollars ($1 ,000), said sum being payable in advance on the date of the notice to renew the lease term of the Museum Facilities. Page 3 3.4. BCM shall use and occupy the Facilities as a children's museum and for related purposes, including, but not limited to, educational, civic, fundraising and entertainment purposes. BCM agrees to operate the Facilities as a children's museum during the full term of this Lease. Should BCM fail to continue to use the premises for these intended public purposes, the Lease shall terminate and the City shall be allowed to retake the premises. 3.5. BCM will comply with any and all laws, ordinances, rules, orders and regulations of any governmental authority which are applicable to BCM 's operations in and on the Facilities. 3.6. Nothing contained herein shall prevent BCM from charging an admission price for persons to attend events at the museum or to use and charge for the use of the museum Facilities for related events. City Administration shall be allowed to use the Facilities when available for no charge for official City of Beaumont business for no more than two (2) times per year. 3.7. During the term of this Lease, BCM shall not, without first obtaining the written consent of the City Manager of City or his designee, make any alterations, additions, or improvements in, to or about the Facilities, provided, however, that such consent shall not be unreasonably withheld. Any work done by BCM in,to or about the Facilities shall be done in a good and workman-like manner and without impairing the structural integrity of the buildings and in compliance with all applicable codes, ordinances and laws and no liens shall attach to the Facilities. Similarly, during the term of this Lease, City will not, without first obtaining the written consent of BCM make any Page 4 alterations, additions or improvements in, to or about the Facilities; provided, however, that such consent shall not be unreasonably withheld. 3.8. BCM shall not do or suffer anything to be done in or about the Facilities which will increase the rate for fire and extended coverage insurance on the Facilities. 3.9. If the Facilities are damaged by fire or any other casualty, all insurance proceeds for such casualties shall be paid to either BCM or City, as their interest may appear and as their loss may be allocated. Either City or BCM may elect to terminate this Lease under the terms hereof should a fire or other casualty loss result in damage to the Facilities in excess of fifty percent (50%) of the replacement cost of such Facilities immediately prior to such casualty. Should either party elect such termination, then the other party shall have the option for sixty (60)days after the date of such election and notice of such election to terminate the Lease or to elect to rebuild the Facilities. Such election to rebuild by either party shall be by written notice to the other party. Should such party elect to rebuild as provided herein, then this Lease shall continue in full force and effect from and after the completion of the rebuilding and reconstruction of the Facilities. Any rebuilding or reconstruction of the Facilities shall restore such premises to substantially the same condition as existed prior to such casualty loss. Should either party elect to rebuild, such insurance proceeds as shall have been paid to both parties shall be deposited in a state or federal bank with offices located in the City of Beaumont, Jefferson County, Texas. Such insurance proceeds shall be held in escrow by such bank as a trust fund for the purpose of paying for the cost of rebuilding and repairing the Facilities and the cost of making temporary repairs or doing such work as may be necessary to protect the Facilities against further injury. Page 5 Such insurance proceeds shall be disbursed in accordance with the provisions of paragraph 3.10 hereof. The bank shall be entitled a reasonable compensation payable out of such fund. If insurance proceeds held by the bank as provided in this paragraph shall exceed such costs, such excess shall belong to and be paid over to the parties who deposited said amounts in proportion to their interest in the account. If rebuilding of the Facilities is undertaken by BCM under this Article, the construction shall be made subject to the approval of City. 3.10. Any monies paid out of the trust fund established under the terms of paragraph 3.9 hereof shall be paid as the work progresses, upon the request of the party performing the reconstruction, and against the certificates of the architect or engineer in charge of such reconstruction showing that the amount stated in the particular certificate has been paid or is due in respect to such work together with the names and addresses of the persons, if any, to whom such amounts are due. Payments hereunder shall be subject to normal retainage applicable to construction contracts entered into by home-rule cities in accordance with the laws of the State of Texas. j` 3.11. Upon any termination of this Lease under any provisions of this Lease other than on a default on the part of BCM, BCM shall be entitled to remove all of the furniture, furnishings and other property of BCM located on the premises. 3.12. Subject to all limits, deductibles and limitations of its policies chosen by City, City shall procure and maintain Texas multi-peril form hazard insurance coverage on the Facilities in not less than the full insurable value thereof. Such insurance shall be obtained in the name of City. Page 6 3.13. BCM shall procure and maintain all insurance which it deems necessary for its protection against loss of or damage to any property in or on the Facilities. 3.14. If either party defaults on the performance of any covenants or conditions hereof, such party may give notice of such default to the other and, if such other party does not cure such default within thirty (30) days after such notice, then the non-defaulting party may terminate this Lease by written notice to so terminate and, if terminated by City, City may re-enter and take possession of the Facilities or remove all persons and property therefrom without being deemed guilty of any manner of trespass. 3.15. The failure of either party to insist on strict performance of any covenant or condition hereof or to exercise any option or election herein contained shall not be construed as a waiver of such covenant, condition, option or election. In any other instance, this Lease cannot be changed, amended or terminated orally. 3.16. During the term of this Lease, BCM shall be responsible for all general building maintenance and upkeep of the Facilities. Maintenance, as used herein, shall mean janitorial service, replacement of luminaries, plumbing, HVAC maintenance, such as annual checks and replacement of filters and interior painting. City will be responsible for walls, foundation, roof, exterior windows, HVAC system operation, major plumbing repairs, and the structural integrity of the Facilities. City will be responsible for grass cutting and trimming in accordance with the City's regular schedule. BCM will be responsible for quarterly pest control to include termite treatment. BCM will be responsible for all utilities including gas, electrical, water and garbage collection costs, telephone and cable television or other cable communication devices. Page 7 3.17. BCM will have control of the use of the Facilities throughout the term of this lease and, thus, may allow the Facilities to be used by others when available on terms and conditions to be decided by BCM. However, BCM may not assign its obligations under this lease without written consent of City Manager of City. 3.18. BCM shall provide broad form liability insurance (including contractual coverage) naming the City as an additional insured for all uses of the Facilities with aggregate limits of not less than $1 million. 3.19. The provisions of this-Lease shall apply to, bind and inure to the benefit of City and BCM and their respective successors and assigns; provided, however, that the inclusion of assigns in this sentence shall not be construed to permit an assignment contrary to any other provision or covenant of this lease. 3.20. This lease and any and all amendments, modifications or other writings pertaining thereto shall be construed under and pursuant to the laws of the State of Texas. 3.21. In the event that any provision hereof or the application thereof to any person or circumstances shall be judged invalid or unenforceable, the remainder of this Lease or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. 3.22. In construing this Lease, masculine or feminine pronouns shall be substituted for those neuter in form and vice versa and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. Page 8 3.23. Any notice required hereunder shall be given in writing and shall be deemed to have been duly given only if delivered personally or sent by registered or certified United States mail, return receipt requested, in a postpaid envelope properly addressed to the party entitled to receive such notice. Notices shall be sent to the following addresses: City: BCM: City Manager The Beaumont Children's Museum City of Beaumont P. O. Box 7293 P. O. Box 3827 Beaumont, Texas 77726-7293 Beaumont, Texas 77704 3.24. City shall be provided keys to the facilities and may enter the Facilities at any time upon reasonable prior notice to BCM. 3.25. This Agreement and Lease may only be amended by the parties in writing executed by BCM and City Manager of City. 3.26. BCM agrees to indemnify and hold harmless and defend City its officers, agents and employees from and against all liability for claims, liens, suits, demands, and/or actions for damages, injuries to person (including death), property damage, (including loss of use), and expenses including court costs and attorney's fees, and reasonable costs arising out of or resulting from BCM's activities in the Facilities, expressly including negligence of City its officers, agents, employees, or invites. 3.27. BCM shall have the right to erect, paint or place exterior signs on the property and facilities only with the approval of the City Manager or his duly authorized designee. Page 9 IN WITNESS WHEREOF, BCM and City have executed or cause to be executed by the duly authorized officers or agents this Lease, all as of the day and year first above-written. CITY OF BEAUMONT THE BEAUMONT CHILDREN'S MUSEUM By: gy. Kyle Hayes, City Manager Pre ident `0��'"�•,� STEPHANIE ANN BARTH $ Notary Public,State of Texas My Commission Expires AUQust 20,2013 i; Page 10 Pond Lot e Lot s Lot 3 Lot 4 Lot 2 Let 1 CW@W 20'Aft •LF LM 9 b b • U Lot 7 Lot 8 Z �• wa 880 Fannin 6%Sump 1130 EAP eaaranonc Ta%wa 77701 G/NEER/NG rac(409)813-1881 Fax.(408)813-1818 CLIENT Chi" s Museum Crockett Street PROJECT LOCATION croar.a SkW and ND&M Sftd CITY Comm STATE BEAUMONT JEFFERSON TEXAS SITE ADDRESS: Crodit Sftd and Nedwe Street . Dde Job Nwdw FM Bodo Sale 0"2=0 4381001 0301072 1'-W ©AM dpMa murvad.ThY plat may not be mpro*=d In whole or In part wM M fire wrftn oor" of LEAP Enpbwo"LLC. WORKS SSION * Review and discuss a proposed three-foot safe passing ordinance to protect walkers, runners and cyclists on city roadways Safe Passing Ordinance Work Session:Support Materials 1. Sample ordinance 2. Ordinance Analysis 3. Ordinance FAQ 4. Letter of support from Austin Police Chief Art Acevedo 5. Austin American Statesman article on results of Austin ordinance 6. Beaumont Enterprise article on pedestrian safety in Beaumont 1 ORDINANCE NO. 2 3 AN ORDINANCE ADDING A NEW SECTION OF THE CITY CODE 4 RELATING TO RESTRICTIONS ON OPERATING A MOTOR VEHICLE NEAR 5 VULNERABLE ROAD USERS, AND CREATING AN OFFENSE. 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 9 PART 1. Section of the City Code is amended to read: 10 § 12-1-45 VULNERABLE ROAD USERS. 4 11 (a) In this section, a Vulnerable Road User means: 12 (1) a pedestrian, including a runner, physically person, 13 highway construction and maintenance worker, tow t _ rator, utility , other 14 worker with legitimate business in or near the road or or stranded motorist 15 or passenger; 16 (2) a person on horseback; 17 (3) a person operating equipment (#fer thaiR 4� r vesicle, including, but not 18 limited to, a bicycle, handcycle, horse- _ coley `or unprotected farm 19 equipment; or 20 (4) a person operating (orcycle, metor-driven cycle, or motor-assisted 21 scooter. 22 (b) An operator Ak*or vehicl M T ng a vulnerable road user operating on a highway 23 or street shall: 24 (1) vacate the lane dy, h the vulnerable road user is located if the highway or 25 street has two or more marker w`s running in the same direction; or 26 (2) pass, vulnerabt =road user at a safe distance. 27 (c) For the purpose ofuibsection (b)(2), when road conditions allow, safe distance is at 28 least: 29 (1) three feet if the operator's vehicle is a passenger car or light truck; or 30 (2) six feet if the operator's vehicle is a truck, other than a light truck, or a 31 commercial motor vehicle as defined by Texas Transportation Code Section 522.003. 32 (d) An operator of a motor vehicle that is making a left turn at an intersection, including 33 an intersection with an alley or private road or driveway, shall yield the right-of-way to a I vulnerable road user who is approaching from the opposite direction and is in the 2 intersection, or is in such proximity to the intersection as to be an immediate hazard. 3 (e) An operator of a motor vehicle may not overtake a vulnerable road user traveling in 4 the same direction and subsequently make a right-hand turn in front of the vulnerable 5 road user unless the operator is safely clear of the vulnerable road user, taking into 6 account the speed at which the vulnerable road user is traveling and the braking 7 requirements of the motor vehicle making the right-hand turn. 8 (f) An operator of a motor vehicle may not maneuver the vehicle in a manner that: 9 (1) is intended to cause intimidation or harassmer IM-W' e road user; or 10 (2) threatens a vulnerable road user. 11 (g) An operator of a motor vehicle shall exercise due }s` avoid collie. 1" 12 vulnerable road user on a roadway or in an intersectionRTy ways. 13 (h) It is an affirmative defense to prosecution under this sects° at the time of the 14 offense the vulnerable road user was acting in motion of the lave 15 16 PART 3. This ordinance takes effect on , 2010. 17 18 PASSED AND A_ PPROVED-, 19 20 21 22 _.:.. , 2010 23 24 Mayor 25 26 APPROVED: ATTEST: 27 28 City Attorney City Clerk 29 Safe Passing Ordinance Analysis W41 • • • 1. The Safe Passing Ordinance establishes the general 3ft and 6ft safe passing distance that will save lives and be a valuable tool for education programs and safety awareness campaigns. However,the Ordinance also establishes exceptions to the general 3ft and 6ft safe passing distances based on road conditions. These exceptions ensure the normal flow of traffic and provide that the motorist will be able to pass a vulnerable road user at a safe distance when road conditions do not provide for 3ft and 6ft of clearance when passing. The Ordinance establishes the general 3ft and 6ft safe passing distance while protecting motorists from unreasonable passing restrictions based on road conditions. Adding the conditional language"when road conditions allow"provides numerous exceptions to the general 3ft and 6ft safe passing distances,including exceptions when road width is inadequate. (c)For the purposes of Subsection(b)(2),when road conditions allow, safe distance is at least: (1)three feet if the operator's vehicle is a passenger car or light truck; or (2) six feet if the operator's vehicle is a truck other than a light truck or a commercial motor vehicle as defined by Section 522.003 (of the Texas Transportation Code). (emphasis added) 2. Finally,the Safe Passing Ordinance provides a broad defense to a motorist if the vulnerable road user is acting in violation of the law when the incident occurs. For example, current Texas law provides that a cyclist moving slower than traffic shall ride as near as practicable to the right edge of the road way and that a cyclist may not obstruct the normal flow of traffic. If a cyclist fails to obey these laws,he is acting in violation of current Texas law;thus,the motorist will have a defense to prosecution. Safe Passing FAQ 9 0 ipn,3 1EIi 0 =m No • 1. What protections does this law provide? This Safe Passing law will establish a standard safe passing distance of 3 ft(or 6 ft for Commercial Vehicles)that only applies when road conditions allow. It also includes penalties for the "right hook" (turning dangerously in front of a vulnerable road user) and failing to yield when making a left turn at an intersection. 2. What are the penalties for violating this law? The law establishes a violation of this law as a misdemeanor punishable by a fine of$500 if the violation results in property damage or a Class B misdemeanor if the violation results in bodily injury, and establishes the breaking of traffic laws by a bicyclist,or other vulnerable road user, as a defense to prosecution. 3. Why do we need this law? Approximately 50 cyclists,400 pedestrians and 500 motorcyclists are killed every year in Texas. Many of those fatalities could be prevented if this law were enacted. 4. Who are "vulnerable road users"? "Vulnerable road users" include a pedestrian,runner,physically disabled person, child, skater, construction and maintenance worker, stranded motorist,equestrian, and person operating a bicycle,motorcycle, or unprotected farm equipment. The group of vulnerable road users can be subdivided in a number of ways such as the amount of protection in traffic(e.g. pedestrians and cyclists)and the amount of task capability(e.g. the young and the elderly). 5. Why do vulnerable road users require additional protection? Vulnerable road users are allowed to use the roadway by law in Texas,but vulnerable road users do not have the same(armor)protection as motorists. 6. How are the safety distances determined? Why 3 feet for cars and 6 feet for commercial/large trucks? The safety distances are consistent with existing safe driving practices. Currently the Commercial Driver's handbook recommends commercial vehicles allow six feet because of the wind effect of a tractor trailer that can suck a cyclist three feet closer. 7. What do other states do? 18 states have a law protecting vulnerable road users and requiring 3ft passing clearance. Alabama,Arizona,Arkansas, Colorado, Connecticut,Florida, Illinois, Louisiana, Maine, Minnesota,New Hampshire, Oklahoma,Tennessee,Utah,Vermont,Virginia,West Virginia, and Wisconsin. 8. Is there a presumption of liability? No. The Safe Passing Bill has no effect on traditional notions that a person is"innocent until proven guilty". 9. Can a motorist pass a vulnerable road user in a no passing zone? First,the Safe Passing Bill will establish a standard safe passing distance of 3 ft(or 6 ft for Commercial Vehicles)that only applies when road conditions allow. If road conditions do not allow,the Safe Passing Bill has no affect on passing in no passing zones. Second, current Texas law provides that a cyclist moving slower than traffic shall ride as near as practicable to the right edge of the road way and that a cyclist may not obstruct the normal flow of traffic. Current Texas law does not provide an exception to allow passing in a no passing zone. A motorist must wait until the no passing zone ends to pass another road user, including a tractor, cyclist, or other slower moving legal road users. The Safe Passing bill does not change current Texas law related to passing in a no passing zone. Current Texas law concerning safe passing requires a"safe passing distance"and provides no exception to allow passing in a no passing zone. The Safe Passing bill defines"safe passing distance"as 3 ft. Austin Police Department i'11.1 ul -lustin huuuded bi t ringrcas. Repuhh, n!t It 1,434 P t7 Boa 689001, Austin, reran 's-6R-9nn1 Telephone 011) 9'4_- "oft www cityojaustin org police Mr.Robin Stallings Executive Director BikeTexas P.O. Box 1121 Austin,TX 75767 May 20,2010 Dear Robin, This is in response to your kaw requesting our position on the Safe Passing Ordinance approved by the Austin City Council on October 22,2009. The action was to approve an ordinance adding a new section tkled"Vulnerable Road Users"to the City Code,raluiring a three-foot safe passing distance between vehicles and vulnerable road users. This ordinance protects the rights of vuhmable road users from being Kunkle ed,thivewned,or harassed by maneuvers of a motor vehicle.Operators of motor vehicles will have to exercise due care to avoid colliding with any vulnerable road users on a roadway or intersection. In addition,the ordinance stases that a sb4bot passing distance is required if the operator's vehicle is a truck(other than a light truck)or a commercial motor vehicle as Mined by Texas Transportation Code Section 522.003. As you know,this ordinance is modeled loom the bgpm a of the statewide Safe Passing Act(SB 488) which was passed by the 2009 Texas Ugislature. The highest value of the safe passing law is educational,which we believe directly buislases into lives being saved. In order for us to achieve thin goal,we as a community have taken the first step by urinating and passing the City ordinance. With the push for amore healthy and active lihstyle by all levels of government in Texas,we are seeing more pedestrians,bicyclists and other mot vehicles on our roadways, inck*ft our very own police officers. The Austin Police DVertment and the City of Austin strongly Support laws that promote the inarrest of overall public and transpormh -safety.At the and of the day,it is our responsibility to look at ways we can educate ewe e about saving lives. Please do not hesitate to contact me directly if aaore inforination is needed. I bolt forward to working on this initiative with you. A S' , A Chief of Police e4t ip/y 4•� Keeping you.Yonrfiami4r and our community scife. statesmanillicom Print this page Close Awareness cited after few tickets for new ordinances Police numbers show vehicle-bicycle collisions are down slightly. By Isadora Vail AMERICAN-STATESMAN STAFF Published: 10:45 p.m. Tuesday, July 20,2010 Two hot-button city ordinances may have generated a lot of conversation last year, but they have not generated a lot of citations in the months they've been in place. A texting-while-d riving ban took effect Jan. 1, and court records show 43 citations have been handed out through July 14. For the rule requiring three feet between vehicles and other road users, such as cyclists and pedestrians, three citations have been issued since its inception in November. City leaders and advocates say the number of tickets is not as important as making drivers more aware. There is"some value in having people think more carefully about their actions,"City Council Member Chris Riley said. "I think the passage of the ordinance has raised people's awareness of the issues as far as vulnerable road users as well as texting while driving." Austin police said there were no major initiatives to enforce the two ordinances—officers write citations as they observe them—but that significant public education by the city and the department has helped inform drivers. "I can't say that we've seen a decrease in crashes, but what I do know is that citizens are more aware, and I think the majority of them comply with these rules," Cmdr. Stephen Baker said. Baker said crashes related to the new ordinances are hard to track because not many drivers will admit to fault or incriminate themselves if they were at fault. In the first six months of this year,there were 147 wrecks involving cars and bicycles, compared with 168 during the same period last year. In the first six months of 2008,there were 157 such wrecks. The texting-while-driving and the three-foot-distance violations are Class C misdemeanors, which carry a fine of up to$500 and can be appealed in Municipal Court. For the most part, cycling advocates agreed the ordinances are helping. "In working with the Legislature last year, the most valuable component is the educational component," said Mark Stine of the statewide advocacy group BikeTexas. "While there still are problems and issues, I see more awareness as time goes on." Stine said even a few citations for both ordinances are steps in the right direction toward safer roads for cyclists. Gilbert Martinez, president of the Austin Cycling Association, said he hopes the enforcement would help change drivers' behavior. "We like that they enforce the law and are all in favor of seeing more of that," Martinez said. "I think that the vast majority of motorists are attentive, but sometimes you have a collision or tragedy that happens, and those things, of course, add to the tension" between drivers and cyclists. Tom Wald, executive director of the League of Bicycling Voters, agreed with Martinez and said he'd like to see police crack down more. "I understand that police have a difficult job and there are a lot of traffic crimes that they don't see in person, but three citations aren't very many, and I would hope to see more,"Wald said. He said his main concern is that police continue to take the ordinances seriously and keep responding to cyclists'concerns. ivail @statesman.com; 445-3763 Find this article at: http://www.statesman.com/news/local/awareness-cited-after-few-tickets-for-new-ordinances-814236.html Print this page Close ft am 6=0• 4dL Print Page 1 of 1 Beaumont Enterprise Beaumont Enterprise (2-ben_b6_0501_001_ba_bemn_ocr.pdf.0) Page 05/01/2010 A: Main A01 Pedestri'ans t City streets aren't friendly to those on foot Ar ifflie D.Sanitlt IRPRH Trekking and biking to work and schoolabng Beaumont's rosdwaysfior .. 10 years,Mckson Landry [' knows shoes andtires don't comadst too peace- fully here. , With no car,Landry, 18,said he has found walkenjoyeble and y a good rm of exercise —when he's not peer- TMMV Mdoftflm aftow ing over his shoulder or dod ngvehicles. Whitne'r Lane walks along beside a road without side- "I m almost run over walks Friday on 11th Street in Beaumont. 44 three to four with idiots n tunes a week most dangerous streets ans,evenahead.of major notla where they're going, and highways in Uxas. opo}tan areas such Lmxhysai& Beaumont portArthur as Aouston,Dallas-Ft By one group's esti- ranks asthe most dan- IVorth and San Antonio, mate,Landrywal6 the gerous place forpedestri• DANGIM 1U5,page 4A May 3, 2010 Powered by TECNAVIA Copyright © 2010 Beaumont Enterprise 05/01/2010 2:05 pm htt„•/MPamm�ntPntPrr�rieP tar nPtxmmPmnry rnm/PPhrnwcPr/frame/nhPrk dF►7f1/nh»-enritlt/grin 5/x/)(11() Print Page 1 of 1 Beaumont Enterprise Beaumont Enterprise 05/01/2010 A: Main (3-ben_b6_0501-004—ba—bemn_ocr.pdf.0) Page A04 DANGEROUS: Outside major roadway projects, adding sidewalks is up to individuals Acerneto to m vMt>w out br waidog, es- the aap.tms.ne wo&with kad Lovadpi oz awa..aicna� aa°adh'�,.a>:wasWngtoq, +r,.desK Bsao saaenaarar hxd !P to ar- art a trot.type of device ilr %-fJh� at ""ddswa&pp& I> .tested in ng the M and JlW_ DsoWwWrL oott3ae of coy myor f4eR paddng a yellow h of at un- Ilia nuMag is based m ao rre sap raadrrayt�� "wa Imow dw there we the numbw sea fnt.rvals is enough to of people"'hO tido�tlos fa np b dw Ltdi- going to be paopi}e wslldtrg matte ddvers slap In heavy Log on Win pubs and wsOF ways and ebe number� pe_- Aral r eanmaat impede f elte d s�*asWk.cono� dassdttos kl�ad by vdzicies, wi&aideM�c the nation's trace a*- So arbat you've done is rsrostahonvs ins dsr�bpsss aeatlog new s are drk an a )Inn a wm*improved the 1La tnttaMrs 'i0°sOrm"' - "^ *°= dtttatioa for the businesses. 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If we had a choice be- s��1Q U& do and rued as eEeed w as ON&a�als hfgltrrsysy lidpaariol�mid. with live iim� a FmAtdrrbwdonesosne tvseearap.irlagaud atuehkhsatA at nod staral Inlesaaetioos, WsoveryBmisedramsbm and one with a arotosited bifrob o nsdwabiegpaths straste, toardse htt 76xasDsparuiaent said Tay H aedor of tools in a ioolboa wben dtrottibfod�l pants,such =0 FIT of 1Yadportetiods taspon- research andoeer�whh the you'retnjingwdea wiftigh as tread T area 1 i• as the pad► 4ltoneaa Cgmnn FIT sibaitles for siderralloe ends Tens Tnospmration Ined- speeds over lance non!'tosds Bouktard,bnt�any Mw EMOPrise mchim outside ofcttyBenin,where rutewhoeen dathesrudy's onahigl„eay;ahewk May 3, 2010 Powered by TECNAVIA Copyright © 2010 Beaumont Enterprise 05/01/2010 1:55 pfn