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HomeMy WebLinkAboutPACKET JUN 07 1983 CONSENT AGENDA JUNE 7, 1983 * Approval of Minutes. a. A resolution letting contracts for demolition of three condemned houses. b. A resolution authorizing Change Order No. 1 to the contract for construction of a covered play area on Magnolia Park. r , INTER-OFFICE MEMORANPUI CITY OF BEAUMONT, TEXAS Date June 3, 1983 To Mayor and City Council =rom Acting City Manager Subject Demolition Contracts COMMENT: This resolution would let contracts for the demolition of three condemned dilapidated buildings at a total cost of $4,175.00 based on the lowest of the bids received on June 1. The bids recommended for acceptance are as follows: D. M. Williams, for demolition of building at 992 Avenue A, $875.00. Ace Clark Construction Co. , for demolition of building at 3434 Glenwood, $1 ,800.00. Ace Clark Construction Co. , for demolition of building at 2775 San Antonio, $1,500.00. Bids were received from five firms ranging up to $2,950 on the structure at 992 Avenue A, $3,950.39 on the structure at 3434 Glenwood, and $3,150 on the structure at 2775 San Antonio. Bids were taken also on the demolition of a building at '55C Brockman but this building was deleted from the letting after it was demolished by the owner. BID REVIEW Environmental Control Date: June 1 , 1983 Bid Opeining 992 550 3434 2775 Locations 1. Avenue A 2. Brockman * 3• Glenwood 4. San Antonio 5• Trax $1,310.00 -- $2,230.00 $1,865.00 I- Enterprise ' Ace Clark 1,050.00 550.00 1,800.00 1,500.00 2. Const. Co. J.R. 2,950.00 -- 3,150.00 3,150.00 3. Plake, Inc 0 j) Elk 950.00 975.00 3,950.39 1,950.25 4. Const. Co. D.M. 875.00 -- 2,802.71 1 ,551 .96 S,Williams 6. 7. 8. Recommendations: *Dropped from Bid Packet due to owner compliance. s _ INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date June 3, 1983 10 Mayor and City Council From Acting City Manager Subject Contract Change Order for Covered Play Area COMMENT: This resolution would authorize a two-part change order to the contract for construction of the Magnolia Park covered play area to provide for a-dditional excavation and fill as well as some structural alterations to the foundation required by conditions at the construction site. The changes would add $4,933.81 to the contract including $3,680 for trenching to remove accumulated subsurface water and dry out the site and the additional excavation and fill required for a compacted 18-inch sand-clay base, and $1 ,253.81 for alteration of the size and locations of footings. The need for the additional work was discovered in the process of drilling for the foundation. The additions would increase the amount of the contract with D & H Construction Co. from $30,826 to 535.759.81 . A G E N D A REGULAR SESSION OF THE CITY COUNCIL JUNE 7, 1983 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. An ordinance annexing 75.03 acres of land west of the city limits on the south side of Washington Boulevard. 2. A resolution authorizing purchase of shelving for the service center on Lafin Drive. 3. A resolution authorizing purchase of sewer pipe. ' 4. A resolution expressing the Council 's intent to provide funds for ' the Beaumont Convention and Visitors Bureau during FY '84 from re- venues from the Hotel-Motel Room Occupancy Tax. 5. A resolution authorizing an amendment to the agreement between the City and Allright Beaumont Company regarding parking control on Civic Center Complex parking lots. 6. A resolution authorizing the purchase of oyster shell . 7. A resolution accepting the work performed under a contract with E. R. Dupuis Concrete Company for Stagg Drive improvements and authorizing final payment to the contractor. 8. A resolution authorizing an amendment to the professional services contract with Freese and Nichols, Inc. , consulting engineers, to provide for an engineering study and report on the water distri- bution system. * A public hearing for consideration of a proposal for issuance by the Beaumont Housing Finance Corporation of up to $350,000 in tax exempt bonds for the Virginia Village Venture multi-family housing development for low and moderate income tenants. 9. A resolution authorizing and approving the issuance by the Beaumont Housing Finance Corporation of tax exempt obligations in the maxi- mum aggregate face amount of $350,000 to provide financing for a multi-family residential development to be owned and operated by Virginia Village Venture for persons of low and moderate income. f Council Agenda June 7, 1983 Page 2 * A public hearing on dilapidated structures. 10. An ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal . * A public hearing to consider proposed changes in the manner of electing the City Council . Other business. Hear citizens. Adjourn. s INTER-OFFICE MEMORANDUri. CITY Of BEAUMONT, TEXAS Dote June 3, 1983 10 Mayor and Council From Acting City Manager Subject Annexation Ordinance COMMENT: The annexation ordinance for 75.03 acres of land west of the city limits on the south side of Washington Boulevard is on the agenda for final passage Tuesday following the expiration of 30 days after publication. The annexation is being sought by the property owners, Michael Sykes, Gene Braquet and Mike Hogan. The developers have announced plans to subdivide the property into some 352 residential lots of an average size of about 55' by 110' with space designated also for park use and commercial de= velopment. The Planning Commission voted 5-0 in favor of the annexation. f `TO: City Council and Planning Commission FROM: Planning Department SUBJECT: Proposed service plan for requested annexation of a 75.03 acre tract owned by Michael Sykes, Gene Braquet and Mike Hogan * STAFF REPORT The following basic scope of services will be provided upon annexation of the subject property: • Water Service. The subject property will be provided water service from the extension of a 12-inch water line to be extended from an existing line located approximately 180 feet to the east in Washington Boulevard. • Sanitary Sewer Service. The subject property will be provided sanitary sewer service from the extension of a 10-inch sanitary sewer which is located approximately _ 240 feet to the east, in Washington Boulevard. Extension of the water and sanitary sewer line discussed above will require demolition and reconstruction of Washington Boulevard in order to extend service across and beyond the L.N.V.A. Canal . These costs would be borne by the developer. • Storm Drainage. All developments within the proposed annexation area will be addressed according to specifications from the City Engineer's office. Storm runoff from all new development will be accepted into Willow Marsh Bayou which runs southward near the western boundary of the tracts proposed for annexation. • Solid Waste Collection. Solid waste collection will follow the normal pattern for commercial and residential areas. • Maintenance of Publiclv Dedicated Community Facilities. The request is on the southwest side of the point at which Washington Boulevard crosses the LNVA Canal . Consequently, in addstion tc, annexing the canal , the City would need to construct a bridge, either independently or in conjunction with other governmental agencies , across Washington Boulevard at this point. A preliminary estimate for the City's share is approximately $30,000. PAGE 2 ' Maintenance of Publicly Dedicated Community Facilities. • Dedicated streets: Streets which will be dedicated by way of subdivision plat will be maintained by the City upon acceptance by the Director of Public Works as per the normal procedure. • Dedicated parks or playgrounds: Any lands intended to be dedicated for recreational purposes will receive individual review by the Director •of Parks and Recreation as well as the Planning Department to see that they are consistent with the City's Comprehensive Park and Open Space Plan prior to their acceptance. • Street lights. Street lights in new platted subdivisions within the annexed area are to be provided at the developer's expense as per the requirements of the current Street Light Ordinance. The locations are determined by the Traffic Department in conjunction with Gulf States Utilities. • Fire and Police Protection. Fire protection for the subject property will come from Station #6, r 1155 Glendale. Normal police protection would be provided by patrol L units. The area is in police patrol district 6. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the request by a vote of 5 to 0 . •°�7lS // / •.ISM_ NO 3 Ann xa ��P"O O .�s��o� a Navin op Mai a�u�uu••�iu Y a a � k 0= o O 0� INTER-OFFICE MEMORANDUAl CITY OF BEAUMONT, TEXAS Date June 3, 1983 To Mayor and City Council :rom Acting City Manager Subject Purchase of Shelving COMMENT: This resolution would authorize the purchase of 130 units of warehouse shelving or the new service center enter on Lafin Drive from Turnkey Material Handling, Inc. of Buffalo, New York at a net cost of $12,194.32. The Turnkey bid-of $94.75 per unit was the lowest meeting the specifica- tions. An $82.08 bid of Norton Heights Safety Co. of Fort Worth failed to comply with specifications for the dimensions of the shelves. The shelving will be used for storage of fleet equipment parts. The specifications called for 130 units, consisting of eight shelves each, with the shelves to measure 24" by 48" and have a load bearing capacity of at least 620 pounds per shelf. Bids were received from 16 vendors ranging up to $263.25 per unit, but five of the bids failed to meet the specifications. The $12,194.32 total price for the Turnkey Materials shelving includes a 1 per cent prompt payment discount. w! BID OPENING DATE -_June 1 ,-1 83- lti 0 Bealli olit 9 CITY BID NUMBER_ H-5-83-39 PAGE 1 OF 3 B I D T A B U L A T I O N Tri Tex Zachary Co. Turnkey Matl . R & S Sales Noroton Heiqhts P. N. Carr Machine Houston Houston Buffalo, NY Houston Fort '•'urth IHouston ITtr1 APPROX. PLO. QTY. UNIT DESCRIPTION OF ITEMS BID UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE U'JIT PRICE 1 130 each Warehouse Shelves 263.25/ 164.35/ 94.75/ 108.03/ *82.08/ 136.95/ 34 222.50 21 365.50 12 317.50 14 043.90 10,670.40_ 17 ,80',. — - *101 .82% - - I 13 236.60 I I *does not meet load limit GROSS TOTAL. . . . . . . . . . . . . . 34,222.50 21 ,365.50 12,317.50 14,043.90 10,670.40 17 ,803. LESS DISCOUNT. . . . . . . . . . . . -0- -0- 1% - 20 days -0- -0- -0 NET TOTAL. . . . . . . . . . . . . . . . 34,222.50 21 ,365.50 12,194.32 14,043.90 10,670.40 17 ,803.- TERMS. . . . . . . . . . . . . . . . . . . . Net 30 Net 10th prox. 1%-20/Net 30 Net 15 days Net 30 Net--1 0 ci DELIVERY. . . . . . . . . . . . . . . . . 2-3 weeks 45 days 14-21 days 4-6 weeks 30-45 days 2 weeF'-, MEETS SPECIFICATIONS. . . . . no yes yes yes no y DAT r ,J�a►i�� i , I ��: BID OPENING C, o Bea lljrl0nt CITY BID Nl1MBER__ PAGE 2 OF 3 B I D T A B U L A T I O N Briggs-Weaver Southline A. I .M. , Inc. Penco Lone Star Storage ( Equipment Products Materials Planners I Beaumont Beaumont Houston Houston Beaumont Houston lii 1 APPROX. NO. _ QTY. UNIT ,DESCRIPTION OF ITEMS BID _ —� UNIT PRICE UNIT PRICE UNIT PRICE _UNIT PRICE UNIT PRICE HPITT Pc. r' 108.00/ *100.50/ 171 .45/ 118.00/ 11 .65/ 119.66/ 1 130 each Warehouse Shelves —_ 14,040.00 _ 1 13 058.50 _ 22,288.50 151340.00 15 424.50 ! 15 555.s i --------- -------- i i GROSS TOTAL. . . . . . . . . . . . . . 14,040.00 13,058.50 22,288.50 15,340.00 15,424.50 15 ,555. *does not meet load limit --- — ---- -- LESS DISCOUNT. . . . . . . . . . . . -0- -0- -0- -0- -0- -0- NET TOTAL. . . . . . . . . . . . . . . . 14,040.00 13,058.50 22,288.50 15,340.00 15,424.50 15 ,555.:: TERMS. . . . . . . . . . . . . . . . . . . . Net 30 days Net 10 days Net 10 days Net 30 days Net 30 days Net 30 DELIVERY. . . . . . . . . . . . . . . . . 3-5 weeks 7-10 days 4 weeks 2-3 weeks 6 weeks 4 week. MEETS SPECIFICATIONS. . . . . Yes no yes yes yes yes V BID OPENING DATE June 1 , 1983 0 o 'Beatiniont alp CITY BID NUMBER _ H-5-83-39 PAGE 3 OF 3 B I D T A B U L A T I O N Houston Steel Pen Royal Husky Systems Standard Equipment Handling Houston Houston Lithonia, GA Medford, MA APPROX. I ,iC. QTY. 1UNIT DESCRIPTION OF ITEMS BID UNIT PRICE UNIT PRICE UNIT PRICE UNIT *178.09/ 1 ) 140.90/ 146.00/ 179.- 79.00/ 1 1 each Warehouse Shelves, _ 23,151 .70 18,317.00 18980.00 231270_00 *123.00/ (2) - 15 990.00 *(1 ) - shelves not adjustable on GROSS TOTAL. . . . . . . . . . . . ... 23,151 .70 18,317.00 18,980.00 23,270.00 1-Y' centers — — - - — ------------- --- --- __ *(2) - does not meet load limit LESS DISCOUNT. . . . . . . . . . . . -0- -0- -0- 2% - 30 NET TOTAL. . . . . . . . . . . . . . . . 23,151 .70 18,317.00 18,980.00 22,813.60 TERMS. . . . . . . . . . . . . . . . . . . . Net 30 days Net 30 days Net 20 days 2% - 30 DELIVERY. . . . . . . . . . . . . . . . . 3-4 weeks 30-45 days 3-4 weeks 28-35 days MEETS SPECIFICATIONS. . . . . no yes yes yes INTER-OFFICE MEMORANDUIII CITY OF BEAUMONT, TEXAS Dote June 3, 1983 To Mayor and City Council From Acting City Manager Subject Purchase of sewer pipe COMMENT: Big State Utility Supply Co. of Lufkin was low bidder Wednesday on furnishing some 56,000 feet of 4- , 6- , and 8-inch sanitary sewer pipe. - - This firm submitted an all or nothing total bid of $36,520.09, which was lower than other total bids and also lower than any combination of bids. The total price of the pipe would be $36,892.88 on the combined low unit price bids of Western Pipe and Supply Co. of Houston and Golden Triangle Pipe and Water Supply Company of Beaumont. Golden Triangle submitted the second lowest total bid at $37,076. Bids were received from five suppliers with the individual total bids ranging up to $38,843.84. The $36,520.09 total price for the Big State Utility Supply bid includes a 2 per cent prompt payment discount. The pipe will be stockpiled by the Water Utilities Department for use as needed in maintenance and in construction of extensions. Wednesday's bid opening was the second time that bids have been received on supplying the pipe. In the first bidding, the purchase was awarded to Ferguson Enterprises on low bids which were accepted April 19. When this company was unable to furnish pipe meeting the specifications, the order was placed with the second-low bidder, the Rohan Co. , on April 26. Rohan notified the city that it could not supply the pipe at the prices quoted in its bids because of increases in the meantime. The bids recommended for acceptance from the rebidding exceed the Ferguson bids by $6,725.37 The matter has been referred to the legal department for possible action against Ferguson Enterprises. U 1 U UI'1I11 t1(; IJA I I liiiii I , I'i ltl D �BeC�l1110111 CIT`r BID tluMccl1 H=6-8.3-4(� - PA B I D T A B U L A T I O N Western Pipe & IGolden Triangle The Marque Biq State SPI Supply Pipe & Water Corporation Utility Suj)pl y Mun i 11,.1 1 Isupply Inc. Supple Houston jBeaumont Houston Lufkin L,ifayLLL(� --------------- 1 APPROX.-- ---- -- --- - Ut1IT QTY. UNIT _DESCRIPTION OF ITEMS BID UNIT PRICE PRICE U'tIT_ -PRICE I1ttIT --- - _ 1 8400 ft. 4" x 10' SDR - 35 Sewer Pipe .59 ft/ - .60 ft/ .58 ft/ 56.65 c '/ p 4,956.00 5,040.00 4_ 872.00 4 758.60 -- - -- - 1 .21 ft/ 1 .15 ft/ - - -- 1 . 19 2 8400 ft. 6" x 10' SDR - 35 Sewer Pipe 10 164.00 9,660.00 _ _92996_00 9:776. 76 - --- 2.02 ft/- r1 .90 ft/ 1 .99 ft/ 194.67 c '/ 3 3200 ft. 8" x 12.5 ' SDR - 35 Sewer Pipe _6 464.00 6,080.00 _ 6,368.00 63229.44 --- -------- 2--- --�.54 ft/---- .562ft%--- --- 54.59-�;�- - - - _- - - --- .57 ft/ 4 8400 ft. 4" x 20' SDR - 35 Sewer Pipe - 4,788.00_ 4 536.00 _4 704.00 4 585.56 2------- ---- -- --2_ -- -- - - - - - 8000 ft. 6 x 20 SDR - 35 Sewer Pi e 1 .16 ft/ 11 .10 ft/ 1 .14 ft/ 111 .24 c'/ 5 " ' _ p - - 9 ,280.00 __ 8,800_00_ - _9,120,00 8,899.20 -- - - - 1 .96 ft/ X1 .85 ft/ 1-.93 ft/ 188.49 c'/ 6 1600 ft. 8" x 20' SDR - 35 Sewer Pipe - , 3x136.00 ' 2 960.00 3 088.00 3 ,015.84 ' I , GROSS TOTAL. . . . . . . . . . . . . . 38788.00 37076.00 38148.00 37265.40* 38843.f34* *All or none 745. 31 LESS DISCOUNT. . . . . . . . . . . . . 775.76 NET TOTAL. . . . . . . . . . . . . . . . 39012.24 36520.09 _ TERMS. . . . . . . . . . . . . . . . . . . . 2% - loth Net Net 2; - 10th Nct DELIVERY. . . . . . . . . . . . . . . . . 5-7 days Stock 7 days 14 d,iys 3-4 vie eks MEETS SPECIFICATIONS. . . . . I INTER-OrF10E A1EMORANDU'._ CITY OF BEAUMONT, TEXAS Date June 3, 1983 10 Mayor and Council From Acting City Manager Subject CVB Funding Request COMMENT: Pursuant to last Tuesay's work session discussion, the attached resolution was drafted for consideration as a statment of intent regarding a request from the Convention and Visitors Bureau. ` Spokesmen for the bureau attending the meeting discussed plans to utilize a $52,000 bank loan for operating expenses durino the fourth quarter of the current fiscal year and asked for some assurance that funds from the Hotel/ Motel Room Occupancy lax would be available in FY '84 to repay the loan. The proposed resolution, as a response to the request, would state the Council 's intent to provide funds from this source in an amount exceeding $52,000. R E S O L U T I O N WHEREAS, the decrease in revenues from the Hotel/Motel Occupancy Tax has resulted in a reduction of funds to be paid to t1w Beaumont Convention and Visitor' s bureau during the final quarter of fiscal year 1983 ; and, WHEREAS, the Convention and Visitor' s Bureau has borrower: Fifty-Two Thousand Dollars ($52, 000. 00 ) to finance its operations for the remainder o1 fiscal year 1983 ; NOW , THEREFORE, BE IT RESOLVED BY THL CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont recognizes that the Convention and Visitor' s bureau must repay the sum of Fifty-Two Thousand Dollars ($ 52 ,000 .00 ) plus interest from its budget in fiscal year 1984 anJ the City Council of the City of Beaumont expresses its intent to fund the budget of the Convention ana Visitor' s Bureau in an amount grear-er than Fifty-1'wo Thousand Dollars ( $52, 000 . 00 ) for riscal ye,11 1984 , subject to the availability of tunas rrom the Hotel/Motel Occupancy la>: . YASSE'D BY THE CITY COUNCIL of the C j ti, of i3eau;n()nt this t� . _ Clay 0, l INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Dote June 3, 1983 10 Mayor and Council From Acting City Manager Subject Amendment to Parking Lot Contract COMMENT: This proposed amendment to the parking lot contract with Allright Beaumont Co.would provide for the company to control parking on the Beaumont Public Library lot during periods of Civic Center event-parking. At times when the library is open, 4n Allright attendant would limit parking on the library lot to persons using the library and library employes. At times when the library is closed, the lot could be used for paid -event-parking on the same basis as the other lots. The arrangement would offer a solution to the problem of library users being crowded out of the lot by those attending Civic Center attractions. It would also make additional space available for Civic Center event Barking as needed, such as on Friday. Saturday and Sunday nights, when the library closes at 6 p.m. THE STATE OF TEXAS 7 LEASE P-MENDMEN'i COUNTY OF JEFFERSON ) 41 THIS AGREEMENT made and entered into by and between the CITY OF BEAUMONT, a municipal corporation , hereinafter referred to as "Lessor" , and ALLRIGHT BEAUMONT COMPANY , a Texas corporation, hereinafter referred to as "Lessee" , witnesseth: WHEREAS by a certain agreement dated as of the 11th of November, 1982 , Lessor leased to Lessee the followina described property ( "leas- rr premises") located in the, City of Beaumont , Jefferson County, Texas , to-wit: TRACT ONE : That certain automobile parking lot located within the Civic Center Complex (600 Main) of the City of Beaumont , Texas , commonly known as the "North Lot " (containing approximatelv 400 automobile parking spaces) , as more partiuclarly, described in said Lease . TRACT TWO: A tract of land beinq all of the northeast one hundred eighty ( 180) feet of Block 13 , original townsite of Beaumont , City of Beaumont , Jefferson County , Texas , as more particularly described in said Lease . 40 --TRACT THREE : That certain, automobile parkinq lot located south of City }call in the City of Beaumont , Texas , commonly known arl the "South Lot" (containing approximate: .: 400 automobile parking spaces ) , as more particularly described in said Lease . to which lease ( "Lease" ) reference is here made for al_ purposes ; and WHEREAS Lessor and Lessee now desire to amend said Lease in certain respeczis . NOV. , THEREFOP.E, for and in consideration of the premise­. and the mutual agreements herein contained , Lessor an-, Lessee herebv agree as fc_lov:Z : 1. 1 That Tract Three is nerebv amended ana ex1_'1ande_ henceforth also include tnat certain automobile containing approximately 6; Darkinc spaces locite.: west corner cf I:ain an_-. Collece Str°e _I _ .. C - Je_ it'rS^.. C.OUnty , leN;` ,C: �. Citv of Beaumont Public Library) �,hich ptjrkln(I 10t 1 :1 hereinafter referred to as the "Library Lot" when it iE� intended that only that part, not all of Tract Three, is meant. 1 . 2 That henceforth so long as the Library Lot is included as part of Tract Three under said Lease, Lessee shall reasonably seek to control automobile parking on the Library Lot in order to limit public parking thereon to patrons and employees of the City of Beaumont Public Library during the periods that the library is open. Presently, the library is open i during the following hours: 7 : 00 A.M. to 9 :00 P.M. Monday; 7 : 00 A.M. to 9 : 00 P.M. Tuesday; 7 : 00 A.M. to 9: 00 P .M. Wednesday; 7 : 00 A.M. to 9 : 00 P .M. Thursday; 7 : 00 A.M. to 6 : 00 P .M. Friday; 7 : 00 A.M. to 6: 00 P .M. Saturday; 7 : 00 A.M. to 6 : 00 P.M. Sunday . flours of library operation may be changed by the city upon ten (10) days written notice to Alright. During the aforesaid periods Lessee shall not charge anyone for parking on the Library Lot. 1. 3 4 That except during the periods aforesaid when the parking is to be limited to patrons and employees of the Public Library , Lessee may, but is not obligated to, open , at Lessee' s sole discretion, from time to time , the Library :Lot for public parking and with respect thereto charge, a parking fee for each vehicle parking thereon during suc}, period. Such parking fees shall not exceed the parking rates then authorized for Tract lnree . All such parkinq on the Library Lot shall be deemed to be "event parking" (regardless of whether there is anv event) and all pari:inc ices collectc- by Lessee from the Librar: Lot shall De aeemed to be Receipts" (and Lessee shall Day Lessor the applicable rent witn respect thereto as provided in Paracranh 2 . 1: o= tt:c Leas. . 1. 4 That Lessor , at Lessor ' s expense , shall furnish and install all necessary poles and chain barriers , as well as signs, as Lessee may find necessary to control the use of the Library Lot as herein provided. 1. 5 That either Lessor or Lessee upon at least thirty (30) days prior written notice to the other may withdraw the Library Lot entirely from under the operation of this lease and upon the effective date of such withdrawal Lessee shall vacate and surrender the Library Lot to Lessor and rent as to said Library Tot .shall cease . 1. 6 That nothwithstanding Paragraph 1 .0 of said Lease , the term of the Lease with respect to the Library Lot shall cover all period set forth in section 1 . 1 hereinabove and those periods under section 1. 2 hereinabove in which Lessee has the Library Lot open for business , but not otherwise . II . 2. 1 That Paragraph 1.B of said Lease is hereby amended to read in its entirety as follows : 1 .B As to Tract Two only of the leased premises , the term of this lease shall begin November 12 , 1982 , and continue thereafter for two ( 2 ) years and 18 dayE- ending on November 30, 1984 ; provided , however , as to said Tract Two only , the term of this lease shall be continuous which, in any event , shall require Lessee to control Tract Two at any time "event service" has been requested as provided in paragraph 1 . G . 2 . 2 That Paragraph 13 of said Lease is hereby amended to read in its entirety as follows : 13. Lessee agrees to comply with all valid la%:s , ordinances, codes , and regulations of any governmental authority having jursidiction, applicable to Lessee ' s occupancy or use of said premises . Lessee covenants and agrees to indemnify and hold Lessor harmless from any and all liability or claims for in)urie_: to an-.- person or persons , :ncludina death resultin<, tnererc::. , or for damaee to or destruction of the prorc -t o! 4n.. person which may be sustainec on or . _t a n ieas premises except to the extent , but oniv to the es:tc::" attributable to the necliaent or willful an:: _ntentien.. : acts of Lessor, its offficer , agents an-6 0 III . 3. 1 That Lessor and Lessee hereby agree that said Lease except as amended hereby shall continue in full force and effect and as hereby amended is ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have executed this lease amendment in multiple counterparts as of the day of , 1983. LESSOR CITY OF BEAUMONT (Texas) Attest By Its City Clerk Its City Manager LESSEE ALLRIGHT BEAUMONT COMPANY By Its Vice .President u THE STATE OF TEXAS 4 s LEASE AGREENL UT COUNTY OF JEFFERSON y THIS AGREEMENT made and entered into by and between the CITY OF BEAMONT, Texas, a municipal corporation, hereinafter referred to as "Lessor" , and ALLRIG(1T BEAUM0NT COMPANY, a Texas corporation, hereinafter referred to as "Lessee" , wi tnesseth: Lessor, by .these presents, leases -and lets to Lessee, and L Lessee leases and rents trom Lessor, subject to the terms and conditions contained herein, the following described property ( "leased premises" ) located in the City of Bcaumont, JcLlerson County , Texas, to-wit: TkACT Ott;: That certain automobile parking lot located within the Civic Center Coniplex ( t)UU Plain ) of the C1tY 01 tseau::,onL, 'Texas, colllnlon1v known a�- tht "North Lot" (contalnlny approximately 40U automobile parking .., L; shown on the }plat aLLaCheU 11erC'LO as Lxhlblt herc:cy rnaoe a part hereo: . fl tract of land being all of Lilt' norLr,easL one hunarea eighty ( 180 ) LeL-t 01 Llock. 13 , oriUlnal town_; 1t( of Deaunlont, City of beauuor.; ictLerson County , 'leXQa , as sll"wn " t,i a l o ttcjcr,ea nereto a:. a1e :..ace u cart nlrt'C 'lr t ccrt� ln auto;:.0LJ11t' lc: IocaLeo so:: trl G: L1 t lr.. 1 1 1 r: t I.L: L of : ralr.Unt , 'l l:ac::, , C'C::.L.0IIl \ ► Ill>'• 1 a:m: the "South Lot" ( containing approximately 40U automobile parking spaces) , as shown on the plat attached hereto as Exhibit "A" and hereby made a part hereof . As used herein the term "leased premises" shall include Tract One, Tract Two and Tract Three. hhen the reference herein is specifically to any of said 'Tract One or Tract Two or Tract Three, only such tract shall be included. 1 _h ASS. _o' Tract une only of the leased premises, the term of this lease shall begin -_ _ _ _/-2 /9�� __. and unless earlier terminated as hereinafter)J --provided , continue thereafter for two ( l ) years and _1 �Iwy days enaing on -_ 7 -4/- provided, however, as to said 'Tract One only , the term of this lease shall be intermittent, that is ever- Saturday arid Sunday throughout the term and the interval between 0 : 00 P. M. and 7 : 00 A .M . oL every weekday ( Monday through Friday ) in tht. term shall be excluueo Lrou) ti,e terlu of this lease except duriny those periods for whicrl Lessor t,as requested Lessee to give "event service" as providea in rarayrapi, 1 . G on 'Tract One, ana notwith- standing anything in tl,iS lease to tine contrary , Lessee shall helve no obligation or liability whatever with respect to or on account of the use made of Tract One of ti,e leasea premises duriny such excludeu perioa_- . 1 . 0 As to Tract 'Iwo only of tt,e leased premises, thy• term of ttrls ludse sl,L;il begin _ � _ _ - ��, /�d' _ - _ and continue tt,ereatter Zor two ( 1 ) years and (_ _ nays ending oii providea , nowevc:r, JS to Sc2ld 'bract oniy , trie ten:. 01 tnis lease st,al l be continuous: tit.ict. , 1 n c, r,v cvt :.I , snaii reuuire Lessor to control 'Tract 'Tr,o at anv til..t ''event st_•rvict•" r,aS peen requested as providea in paraurdL.l. 1 . L. . i . .s tc '1 rcct 'TnreL oniy o1 the SL:. , L : . tern.. 01 tills 1c-ase si,oll bLC111 Un1e:iS La 1 1 (-:r ter::.l n.:LL'C til'IL II,- LL: ICI It)„1 , thereafter tor two ( Z ) years and ---L - days ending on �%91F.1 �; ; provided, however, as to said 'Tract Three only , the term of this lease shall be intermittent, that is every day in the entire term of tnis lease shall be excluded from the term of this lease except those portions thereof during which Lessor has requested Lessee to give "event service" as provided in Paragraph 1 .G on Tract Three, and notwithstanding anything in this lease to the contrary , Lessee st - 11 have no obligation or liability whatever with � respect to or on account of the use made of Tract Three of the leased premises during such excluded periods . 1 . L) Either party , upon thirty ( 30) days ' written notice to the other, may withdraw Tract Two from the leasea premises and from the provisions of this lease, whereupon Lessee shall vacate and surrender said Tract Two to Lessor and rent as to said tract shall cease . 1 . L Lessor shall nave the right to terminate this leas(- , effective as of the end of any calcnaar month, upon thirty ( 30) days ' prig written notice to Ltssu(-. l . r Thruugi,uut tr,t terra of this leas(- ( excluuiny thc- intermittent perioas as to 'lract uric and 'tract 'Three excluded lron, such term as provided in Paragrapi:s 1 .H and 1 . C: , respectively ) Lessee shall operate an automobile parking lot uusiness on tljc leased premises for tr,e principal ust dnu uenetit of ti,e yenetal public rr.L; users of the Civic Center LOn:PIUX 01 the C1ty 01 beau11:011t, 'Texa- , suu)ect to Paragrapi: z. L. l . G Upon at ieast twenty-lour ( ty ) nuurs nuticc iru:.. Lessor to Lussue, Lessee aurtcs to o:_tratL 'Tract unL . : rZ;ct Tract 'inrer as controlitu ur.;: att(-nctc lots C. .:r.. uL; C,: oat's In the lease- terlL a5 sptc1111.0 1 n Lt.:!,-cjr ' S :.., is (-,(-aeration is relerrcu to ir. tr.is i (-•abr =s "Cvunt :.er v - 2.A Lessee covenants to Pay Lessor a rent of Eight Hundred (S;80u. 00 ) Dollars for each calendar month in the term of this lease, monthly in advance on the first day of each calendar month during the term of this lease, subject to abatement as provided in Paragraph 2. D. It is agreed that the rent for any calendar month only partially within the term of this lease shall be prorated. 2. B In addition to the rent provided in Paragraphs 2 .A, 2. C, and 2.E, Lessee -covenants to pay Lessor ( as additional rent ) for each calendar month in the term of this lease a ---percentage rent of an amount equal to fifty-live percent ( 55% ) OL the Gross Receipts (as herein defined ) in excess of One Thousand Six Hundred ($1 , 600. 00) Dollars ( it any ) derived during such month from Tract Une of the leased premises; said percentage rent to be paid to Lessor monthly , each monthly payment to be due not later than fifteen ( 15 ) days alter the close of the respective calenaar month to which such payment relates, without notice. 2 . C; In addition to the rent provided iii 1)aragraphs 1 .1,, 2 . 13 , and- 2. L , Lessee covenants to pay Lessor ( as additional rent ) for each calenaar month in tt,e term of this lease a "percentage rent " of an amount equal to fifty-five percent ( 55't ) of the C,IusS kecelpt.s ( as herein defined ) derived auriny such month from 'bract 'Iwa of the leased premises; said percentage rent to be paid to Lessor monthly , each monthly installment to De due not later than f 1 f teen ( 15) days after the close of the respective calenaar month to which such payment relates, wi ttiout notice. In the event '1'raCt of t1 leased premises shall be wltt:drawn from the leased premises and Iron, under this lease pursuant to Paragraph I - b , tine perco•ntaye rent provideo for in this 2 . C: sr,ull Cease ucon nuch ( except as may nave accruec prior to sUCn date 01 withdrawal ) . 2 . L Iron, t 1n:c to t ln:c , upon not iCe to Lc:;::ce, Lessor r.:l restrict the parr_ ine c,ermittt:c in Tract Une of thL' le.,sed F:re1:,1 :.� :• :� t.nat related to a C ivic Center C:oa.vlex lunctlun, e:: , f;O•.vvt t , for ever` uu•,• loi the rental provided for in Paragraph 2 .A for the month which includes such restricted days ( or part thereof ) shall be abated at the rate of Forty and 00/100ths ( $40.00) Dollars per day ( or part thereof ) to a maximum abatement of $800.00 per month. In the event of such restriction and the resultant rent abatement, Lessee shall be entitled to a refund of any rent or abated rent which Lessee may have previously paid, which amount Lessee may deduct from the next installment( s) of rent falling due pursuant to Paragraphs 2 .A, 2 . B, 2 . C, and 2.E, or if no further rent shall be due under any of said t Paragraphs Lessor shall refund such amount to Lessee upon receipt of Lessee' s written statement therefor. 2 . E In addition to the rent provided in Paragraphs 2 .A, 2 . B , and 2.C , Lessee covenants to pay Lessor ( as additional rent) for each calendar month in the term of this lease a " Event Service Rental" of an amount equal to fifty-five percent ( 55% ) of the Event Receipts ( as herein defined) aerived from Event Service during such month from the leased premises; said Event Service Rental , it any , to be paid to Lessor monthly with each monthly installment to be due not later than fifteen ( 15) days atter the close of the respective calendar month to which it relates without notice. No Event Service Rental shall de oue for any month in which there was no Event Service. 2 . F "Gross Receipts" as used herein mean all amounts paid to ano received or coliectea by Lessee from Lessee' s operations ( other than Event Service) upon the leasea premises ( including any , it any , receipts from the subletting tnereot ) , or upon the respective tract tnerein, excluaing any ano ali , it any , sales, use, excise, or otner taxes or levies that Lessee is or may Decomv ODiidaLeC by la.W to collect from its customer, eitriur cirectly or incirectiy , or wh. icn are or may be im:;osec on dross receipts from parting or storing automobiles. Gross keceiuts stall not incluoe any Event Receipts as defined in Paragrapr, "Event Receipts" as used herein means all amounts _. paid to and rived by Lessee from Lessee' s Event Service operations upon the leased- premises, but no other, excluding -any and all, if any , sales, use, excise, or other taxes or levies that Lessee is or may become obligated by law to collect from its customers, either directly or indirectly , or which are or may be imposed on gross receipts from parking or storing automobiles. Event Receipts shall not ijagjude any Gross Receipts as defined in Paragraph 2 . F. 2 .H Lessee shall, within fifteen ( 15) days following the L 4 close of peach calendar month during the term of--riris lease, furnish to Lessor a written report of Lessee setting out the amount of Gross Receipts ( as herein defined) derived during such month from the leased premises ( statea separately as to Tract One, Tract Two, Tract Three, and Event Service) , such written report shall accompany the respective aforesaid percentage rent payment ( but shall also be furnished if no percentage rent payment is due) . 2 . 1 Lessee agrees to keep adequate and satistactory records of its use ano operation of the herein leaseu premises, and Lessor shall have access at all convenient times to any of such records as may show Lessee' s Gross Receipts and Event Receipts for the purpose of examination ana stuay thereof , ana Lessor shall Have the right trom time to time at any reasonable time ana at Lessor' s expense to audit, or have aucitea, such part of any of the aforesaid recoras as may directly relate to Lessee' s Gross Receipts derived from the leased premises. 2 . J Lessee may make payments by mail by check , and Lessee aarees to make such payments payable to Lessor, City of beaumont , Attn: Civic Center Director, P . O. box 3827 , heaUM011L , Texas 777L;4 , or at such other aearess as Lessor may designate In I-- I T- 11 . 2 . K The initial parking rates to be cnal-kWc b}, Lessvc with respect to Tract One shall not exceed 51 . 5u pet per automobile and as to Tract Two shall not exceed 52 . uu :,er oa%* automobile. Parking rates ter Tract Three shall b.- cirectt.,.: I : writing by Lessor. Lessee may from time to time change said parking rates if business conditions so warrant subject to Lessor' s prior written approval if such change would exceed the aforesaid maximums. 3. Lessor agrees to pay before they become delinquent all ad valorem real estate taxes and special assessments lawfully levied or assessed against the above described premises, however, Lessor may , at Lessor's expense, contest and dispute the same, and in such case the disputed .item need not be paid until finally adjudged to be valid . Lessee shall pay or cause to be paid throughout the term of this lease all taxes and assessments whatsoever levied or assessed against Lessee' s personal property situated on the leased premises. 4 . Such premises are leased for use as a pay parking lot for automobiles, and Lessee may employ the usual appurtenances and equipment for the conduct of that business. 5. Lessee agrees to tcike the same care of the leasco premises that a reasonable mein would take of his own property , and to sutter no waste with respect tberutu. Lessor may enter the leased premises at all reasonabit: timus to examine their condition. b .h Lessee may place improvements upon the leased premises. Lessee shall dove the right to remove Lessee ' s trade fixtures ( it any ) , such as attendant' s booth, wi riny , signs and other equipment, (sut,:)ect to Lessor's statutory ana contract liens for unpaid rents, i t any ) , provicea sauce are removed within ten ( 1 U) days after the end of this leaSL. 6. b Lessee shall not aisplay "Allright" site signs on the lease❑ premises ; signs disrlavea on tt,e leasea premise_ to Lt: 1IM1tud to information ano airections, tn..t is parking rates, p,iyntent procedures, tratLIC airections, ez-- . 7 . Lessee sr.oll r..a int., ln at Lessee' s cx}Iun-- C, thre�u.lt.:. t tr,e term of tt.ls lecsc, pu:,lic li.:Lillty insurance Wit :. l.rin.a : ,. li .1ts o�, not tt,un ior .Gocll\ 1n-i ur or dL .: : :. . . 0 r Ile rs01 0L 1UL,:, , uuu. L,u 101 UUG11'. . .: ;ur1L : death to more than one person, per occurrence, and not less than $100, 000. 00 for property damage per occurrence, and with excess limits ( in excess of primary limits) under a commercial umbrella liability policy of not less than $1 ,000,000. 00; or with other limits provided they afford at least equal coverage to the aforesaid . With respect to such insurance Lessor shall be shown as an additional insured and Lessee shall furnish Lessor with certificates evidencing such insurance to be in force. Lessee may maintain such insurance under a blanket policy or policies. --- b. All past due rents shall bear interest at ten percent ( 10t ) per annum from date due until paid. All property of the Lessee placed on the leased premises shall be subject to a lien in tavor of Lessor for the payment of all rents or other sums agreed to be paid by Lessee. 9 . Should it become necessary to collect any rents due hereunder by legal proceedings, Lessee promises to pay an additional amount to cover Lessor's court cuts and reasonable attorney ' s tee_; with respect trlereto. 10. it Lessee- makes detault in the pertorznance of any of Lessee' s obligations tleruunuur anu remains in detault r:lti, respect thereto for ten ( 10 ) nays atter receipt of notice in writing pointinq out such detault , or it Lessee be declared bankrupt, or i t a receiver be appointed for Lessee, or if Lessee attempts to transter this lease for the benetit of creditors, Lessor may at Lessor ' s option declare• this lease terminated inurjudlateiy or at any time thereatter while such detault or contingency continues and may tnereupon without turther notice enter upon the leased premises and taKe possession thereot , or Lessor may at Lessor' s election re-enter tnt! prenLlses re-let then, as the anent of Les--c:(: and receive the rent tner(21c;, applying same t first upon such expenses as Lessor rrl-ry t),• put to 11i re-entering and re-lettina the prer,ases an-- then to or any other sauri, accruina unoer tt,esc: preseInts, U.i\ 1 r..: t fit' r „1ar:C. , i r any , to tlru Less(!e, ano Lessee 11 .:\ it- : 01 r '. UeI 1Cler1: ' j•U tic lver l)j" covenants to be performed by Lessee shall be construed as a waiver of any other breach of any of the covenants of this lease. 11. Lessee shall have no power to do any act or to make any contract that may create or be the foundation for any lien upon the present or other estate of the leasehold and leased premises; and should any such lien be created and filed, Lessee, at its own cost and expense, shall liquidate and discharge the same in full within thirty ( 30) days next after filing thereof . 12. Lessee will procure at Lessee 's expense such utilities and services as Lessee desires and wild pay promptly all charges therefor and will not permit same to accrue aqainst Lessor or the leased premises. 13. Lessee agrees to comply with all valid laws, ordinances, codes, and regulations of any governmental authority having jurisdiction, applicable to Lessee' s occupancy or use of said premises, and Lessee covenants ana agrees to indemnity and hold Lessor harmless from any and all liability or claims for injuries to any person persons, incluainy deatt, resulting theretrom, or for aamage to or destruction of the property of any person which mdy be I sustained on or within said ledsuo premises. 14 . Lessee acknowleayes that Lessee 1s LcUlUilar with the present condition of such premises, and Lessee accepts the leased premises in their present condition, with the right to alter wino as herein provided , and Lessor shall not be liable to Lessee, its employees, customers, nor the pubilc for any detect in the leased premises, whether existing at the tinte of Lessee's acceptance of same or whether developing thereatter, nor for any injury or damaye that may occur tro,,, the elements, and Lessee will hold Lessor harmless trom all liability or clair..s %,itt, respect to such oetL•cts or 1n-i urie-. It is aareec ano unaerstood that am t,oloi na ova r hi- the Lessee of the herein leased urenises atter the ux:• iration c: this lease *hall operate anc IJe construt:e .as a LL-nanc%' : r , r..ot:tt. to at Litt su ,t°� nLc.o1 a5 Uut• c:.._ : t... . l,t 1 ..,;;t U,Ulltl. C: : ..• ! t .t:.t- t C I .. . lb. Lessor covenants that Lessee shall have and be placed in possession of the leased premises as herein provided and that during the term 'Cf this lease Lessee, paying the rent aforesaid, and performing the covenants herein contained on its part to be paid and performed, shall quietly and peaceably hold and enjoy the said premises without hindrance or interruption by Lessor or any other person or persons whomsoever, subject to this lease. 17. This agreement shall inure to the benefit of and be binding on the respective parties, their heirs, devisees, executors, administrators, sum-essors and assigns. lb. Any notice which Lessor or Lessee may be required or may desire to give to the other shall be in writing and shall be sent by registered or certified mail: To Lessor at: City of Beaumont (Attn: City Manager) P. O. Box 3827 Beaumont, Texas 77704 To Lessee at: Allriyh t Beaumont Company 227 Main Street ( P. U. Box 3163 ) beauwont, Texas 77704 or to such other place or }daces as way be designated in writiny by Lessor to Lessee or Lessee to Lessor. IN WITNESS WHEREGr' , the parties hereto have executed this lease agreement in multiple originals as of the _//tai day of ----------------' 19 6' . L E S S O �. CITY OF BEAUMONT (Texas) ATTEST: �� Jam_ ,/, , �• _____ By Its C1 �!✓ Clerr. i -r- Its C1ti Manaacr L L S S E {,LLhIGHT BLAUMO,':- ' CUIPAI-Y a /itS '�rYC'C' F'CeS1�lE .: f EXHIBIT A SOO Lease from City of Beoumwt (Los=) to AIIri9M Beaumont Company ( Leaaba) FORTH �fT tl rjI iTi►Tirtsl • �;� '�fi�ill�li►:� ` I� lillii#�` � —:. t,�t���111►11111{II1I111E'I!'fl � � ;' '� � "'�f11Eil'i�l1l $}��I'll � '� � �l�i�l�:l�lllil►lltal(lililll� �. in ol 1 EXHIBIT A � n r� i / = 50, F a nnin 60 - 60 60 ° 66 6 68 6 7O ° ti Ily of rZ3 C % � 71 Bea onl 7 ° o /50 /50 T r r e// HislO ri o/ L ibrory Sz o fir's 0 65 64 6 62 6 l 60 mononmNi- 60 26 34 60 60 Fors the �� /ock 43 of Poqq1*nc1 Secumonf Tojs,nsiie INTEROFFICE MEMORANDUiFi CITY OF BEAUMONT, TEXAS Date June 3, 1983 r '0 Mayor and City Council =rom Acting City Manager Subject Purchase of Reef Oyster Shell COMMENT: This resolution would authorize the purchase of about 4,000 tons of oyster shell from Radcliff Materials , Inc. of Beaumont at an estimated cost of $54,950. Bids were received from two suppliers May 18 on furnishing the shell loaded on city trucks at the vendor's plants and delivered to the city's north and south storage yards. Radcliff's bids were low in all three categories as follows: FOB vendor's plant (about 1,000 tons) $12.70 per ton - $12,700 total . FOB north yard (about 2,000 tons) $14.00 per ton - $28,000 total . FOB south yard (about 1,000 tons) $14.25 per ton - $14,250 total . The total cost for the estimated quantity based on these bids viould be $7,000 less than the $61,950 total for the bids received from the Keown Supply Company. BID OPENING DATE_ 5/18/83 —_ — Oytro Beaulvont CITY BID NUMBER -TH-5-83-37 — _ y t PAGE 1 OF 1 B I D T A B U L A T I O N J Radcliff Keown Supply Materials ,Inc.1 Co. of Texas Beaumont, Tx. Beaumont, Tx. APPROX. NO. QTY. UNIT DESCRIPTION OF ITEMS BID UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE IV111 IT111 1 1,000 Tons Oyster Shell FOB pity Trucks i 12.70/ton 14.45/ton 2,000 Tons Oyster Shell FOB North yard 14.00/ton 15.75/ton —— --- 1,000 Tons Oyster Shell FOB South yard 14.25/ton 16.00/ton I ' i GROSS TOTAL. . . . . . . . . . . . . . $54,950.00 LESS DISCOUNT. . . . . . . . . . . . -0- -0- NET TOTAL. . . . . . . . . . . . . . . . 54,950.00 61 ,950.00 TERMS. . . . . . . . . . . . . . . . . . . . Net 30 Net 30 DELIVERY. . . . . . . . . . . . . . . . as needed N/A 0 ` MEETS SPECIFICATIONS. . . . . yes yes 1NTEn-0rrICE CITY OF BEAUMONT, TEXAS Dote June 3, 1983 'o Mayor and City Council :rom Acting City Manager Subject Stagg Drive Improvements COAMENT: E. R. Dupuis Construction Co has completed the contract for paving and drainage improvements for Stagg Drive. The completed cost of the work is $232,437.35 - $2,636.85 more than the contract total of $229,800.50. The overage represents an ad- justment in -the contract estimates to reflect the quantities of materials actually used. The work performed under the contract has been inspected and found to have been completed satisfactorily. A resolution being prepared for Tuesday's meeting will accept the work and authorize final payment to the contractor in the amount of $12,951.87. The improvements consisted of concrete curb-and-gutter paving and additional underground drainage for the section of Stagg Drive between Eithth and Eleventh and widening of the street to include a left-turn center lane at the Eleventh Street-intersection. The drainage improvements included an additional storm sewer draining to Eleventh Street to relieve some of the load on the line draining to Eighth and additional inlets to accelerate surface runoff. INTER-OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date June 3. 1983 ;p Mayor and Council From Acting City Manager Subject Water Distribution Systen Study COMMENT: The Council Tuesday will be asked to authorize employment of the consulting engineer firm of Freese and Nichols, Inc. , for an engineering study and report on the water distribution system. The study would be commissioned under an amendment to a 1980 con- tract under which the firm made a similar study of the city's water production facilities. The production facilities study and report became the basis for the capital improvements programs currently under construction for the main waterworks plant and the well water supply system. The distribution system study would consist of a field survey and an analysis of the existing system, preparation of a master plan for meeting future needs through the year 2000 and development of short- and long-range capital improvement programs for its implementation. Services provided under the agreement would include also develop- ment of a computer model of the distribution system for use in planning improvements and analyzing effects of development .and ' changing demands for water service. The agreement would call for completion of the work in about six months at a cost not to exceed $45,000. Now is an appropriate time to begin the study in view of the fact that the production facilities construction program has advanced to the point where the first of the improvements are being placed in operation. These include the first 10-million-gallon-a-day unit at the main waterworks and a new 10-million-gallon-a-day pump at the well water high service pumping station. Scheduling t-he study during the summer offers the advantage .of enabling the engineers to check the system during periods of peak consumpt,ion.. One of the functions of the study would be to determine if any deficiencies exist in the distribution that would prevent maximum utilization of the production improvements. CONTRACT FOR ENGINEERING SERVICES AMENDMENT NO. 2 It is mutually agreed the Contract for Engineering Services entered into on December 12, 1980 and amended by Amendment 1, dated September 9, 1981, by and between the City of Beaumont, Texas, hereinafter called the City, and Freese and Nichols, Inc. , of Fort Worth and Austin, herein- after called the Engineer be amended to add the following: 1. Employment of Engineer: The City hereby employs the Engineer and the Engineer agrees to perform all necessary professional services hereinafter set forth in connection with a study and the pre- paration of a report of the water distribution system. The scope of the study shall include the following principal elements. I. Scope of Work 1. Project- Population ti a. Estimate the population for 1980, 1981 and 1982 b. Project the populations for 1990 and 2000 in coordination with the City Council and staff and distribute the popu- lations in a manner that is consistent with the land use information contained in the development information prepared by the City of Beaumont, dated 1982. 2. Pumping a. Assemble data on the characteristics of the existing high service pumping facilities and project future pumping re- quirements. b. Recommend size, location and scheduling of additional pumping facilities. 3. Storage Collect data on the characteristics of the existing ground and elevated storage facilities and project future storage re- quirements. uirements. 4. Distribution Network Inventory the characteristics of the pipelines 10-inch in diameter or greater to include the lengths, ages, types of material and conditions where available from the City' s records. 1. 5. Analyses a. Analyze the existing water distribution system for 1983 maximum-hour demand conditions and prepare records to permit use as a permanent existing system computer model . b. Develop a master plan for the water distribution system capable of satisfying the projected year - 1990 and year-2000 conditions. C. Prepare a six-year improvement program by years for 1984 through 1989 and eleven-year improvement program for 1990-2000 giving pipeline locations, length, diameter, and estimated cost at time of installation. 6. Report Assemble all the basic data, studies, findings and recom- mendatir-; into a final bound printed report and present to City. 1nirty (30) bound copies will be turnished to the City. II Informaton to be Furnished by CITY The City shall furnish or make available to the Engineer the following basic information: I. Copy of the most recent comprehensive planning report and any planning information that might be available from the City. 2. Summaries of daily water use for the past four years. 3. Meter charts or other data to allow computation of the hourly use attern on maximum aximum days for the past four years. 4. Map of meter districts and summaries of meter route totals for peak months of the last four years. 5. Access to records that will permit the development of a map or maps of the service area, showing the following: a. All pipes in the system b. Street names C. Topography d. Locations of all pump stations e. Locations of all storage facilities f. Pressure plane boundaries g. All valves in the system which are normally kept closed h. Geographic distribution of peak hour demands throughout the system (note that this presumes an evaluation of how much the system will grow geographically for any future conditions). 2. i. Locations and amounts of any major concentrated demands 6. Access to the records that will permit the development of a tabulation of the following information for all pipelines: a. Location b. Diameter C. Material d. Length e. Date of installation f. Estimated Hazen-Williams "C" Factor, preferably based on tests, visual inspections of actual pipes or any other definite information 7. Access to records that will permit the development of the following information relating to storage facilities. a. Location and name b. Capacity C. Elevation of maximum water level d. Elevation of minimum water level e. Effective capacity within actual operating range f. Details of connection to distribution system 8. Access to records that will permit the development of the following information relating to pumping facilities: a. Location and name b. Capacity and head characteristics, preferably in the form of actual curves of performance characteristics C. Suction head elevation d. Pump centerline elevation e. Details of how the station is customarily operated - pumping rates and pressures obtained and schedule of operation for day of heavy demand 9. List of all improvements now under way or planned for definite construction. 2. Compensation to Engineer: The City agrees to pay the Engineer for professional services rendered under this amendment on the basis of salary cost times a multiplier of 2. 3 plus other direct expenses , times a multiplier of 1. 15. The total fee for the Water Dis- tribution System Study and Report shall not exceed $45,000 without the written approval of the City. The Engineer may request pro- gress payments based on the amount of work completed to the date of the payment request. The total amount of the progress payment shall not exceed 90% of the estimated maximum fee of $45,000 until the report has been completed and submitted to the City, at which time the total fee shall become due and payable. Salary cost is defined as the cost of salaries of engineers , draftsmen, stenographers, survey men, clerks, laborers, etc. for 3. time directly chargeable to the project plus social security con- tributions, unemployment compensation insurance, retirement bene- fits, medical and insurance benefits, bonuses, sick leave, vacations and holiday pay applicable thereto. (Salary cost is presently equal to 1.39 times salary payment. ) Other direct expenses shall include printing and reproduction expense, computer cost, communication expense, travel , trans- portation and subsistence away from the Engineer' s offices and other miscellaneous expense directly related to the work including cost of laboratory analysis, tests, and other work required to be done by independent persons or agents other than the Engineer' s staff members. 3. Time of Completion: Five copies of a draft report will be fur- nished to the City within 150 days after execution of this con- tract. The final report will be furnished to the City within 30 days after receipt of written comments on the draft report. _t It is not intende,. that Amendment No. 2 change any—provisions of the existing contract or Amendment No. 1 between the City and the Engineer. The purpose of this amendment is to include the Study and Preparation of a Report on the Water Distribution System. This Amendment No. 2 is executed in two counterparts an is entered into this day of 1983. THE CITY OF BEAUMONT, TEXAS ATTEST: CITY By Hugh Earnest, Acting City Manager FREESE AND NICHOLS, INC. ATTEST: , ,/��� ENGINEER Bya " James R. Nichols, President 4. INTEROFFICE A1EA10RANDIJ'." CITY OF BEAUMONT, TEXAS Date June 3, 1983 'o Mayor and City Council :rom Acting City Manager Subject Beaumont HFC Bonds COMMENT: A public hearing will be conducted at Tuesday's meeting to consider the issuance of $350,000 in bonds by the Beaumont Housing Finance Corp. to provide additional financing for the Virginia Village Project. After the hearing the Council will be asked to adopt a resolution approving the issuance of $350,000 in tax exempt securities. The bonds will permit the rehabilitation or reconstruction of 18 ad- ditional units and the construction of 12 new units. The expansion will make a total of 150 units available in the project for low and moderate income tenants. The public hearing and Council approval are required by the Internal Revenue code in order for the bonds to be tax exempt. r INTEtI.Oi�r ICS i11rJ:,iUt►�.: L�U;.. CITY OF BEAUMONT, TEXAS Date June 3, 1983 to Mayor and City Council =rom Acting City Manager Subject- Condemnation Hearing COMMENT: Dilapidated structures at seven locations have been processed for consideration at a condemnation hearing Tuesday. The addresses are as follows: 1490 Avenue A, 2245 Heb.ert, 1625 Levy, front and rear, 1180 Sherman, 3455 Waverly, 3609 Waverly, 3310 West- moreland. Inspection reports and recommendations concerning each structure are attached. June 7, 1983 CONDEMNATION PROGRAM Location Owner Recommendation 1. 1490 Avenue A Gary S. Carlson ,Raze- or repair within 30 days 2. 2245 Hebert Charles Moore Raze within 30 days 3. 1625 Levy Dalton and Eura Mae Parker (Front and rear) Raze or repair within 30 days 4. 1180 Sherman John Charles Duckless Raze within 30 days C/O Ms. Troy Selman 5. 3455. Waverly Fronie White Raze or repair within 30 days 6. 3609 Waverly Mildred and Joseph Owens Demolished by owner 7. 3310 Westmoreland (Garage) Orelia August Raze within 30 days 1 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1490 Avenue A PROPERTY OWNER: Gary S. Carlson 1490 Avenue A Beaumont, Texas 77701 LEGAL, DESCRIPTION OF PROPERTY: Lot E 90' L 5 & 6 Block 15 Blanchette 2nd Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont 18 VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills- Re lace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Re lace rotten flooring. Repair holes in floor. Replace rotten material xterior wall. Flash exterior openings. Correct roof sa . Re—root building. pllace rotten roof sheathing. Bring building to plum a lace_ ront - rear porches. Replace fron t - rear steps. Replace rotten interior walls bring- ceiling to required heights. Header required, openings. Re lace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced cei ing foists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafter—s. Re ace rotten rafters. Furnish r�e, uire plumbing. Furnish required R wirin . Remove trash debris from u- . emovs trash we s debris from yar a lace s. Provide scuttle Eo=e. Provide x 2411 crawl-hole to un er Tloor. Remove Fie damage. Replace - Repair damaged windows. -- NOTIFICATIONS: January 3, 1983 and May 13, 1983 ABATEMENT DATE: February 7, 1983 PUBLIC: HEARING NOTIFICATION: May 13, 1983 OWNERSHIP VERIFICATION: May 13, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days 2 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 2245 Hebert PROPERTY OWNER: Charles Moore 3795 Waco Beaumont, Texas 77705 LEGAL DESCRIPTION OF PROPERTY: Lot 10 Block 9 Silver City Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 9 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Re lace rotten floorin . Re air holes in floor. Replace rotten material in exterior—wall. Flas exterior` o e�nin�s_ orrect roof sag. Reroo ep ace rotten roo sheathing. rat ing building to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. ep ace rotten ceiling overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish t required plumbing. Furnish required wiring. Remove trash & debris from building. Remove trash, weeds & debris from yard. R2la_c_e_Ua_maged doors. Provide scutt e ohle- Provide 1811 x crawl-hole to under floor. emove fire damage. Replace Repair damaged windows. NOTIFICATIONS: March 1, 1983 and May 13, 1983 ABATEMENT DATE: April 4, 1983 PUBLIC HEARING NOTIFICATION: May 13, 1983 OWNERSHIP VERIFICATION: May 13, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 3 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1625 Levy PROPERTY OWNER: Dalton and Eura Mae Parker Ferguson Parker 1625 Levy 2039 Earl Beaumont, Texas 77701 Beaumont, Texas 77703 LEGAL DESCRIPTION OF PROPERTY: Lot 9 Block 6 Leonard Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont r„ VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 11 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring- Repair holes in floor. Replace rotten material in exterior w��ias exterior openings. Correct roof sag. eroo ui ing. Replace rotten roof sheathing. Bring building to plumb. Replace front - rear porches. ep ace ron - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling.ing. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling foists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash & debris from building. Remove trash, weeds & debris from yard. Replace damaged doors. Provide scuttle hole. Provide x crawl-hole to under floor. Remove fire damage. Reply_ Repair damaged windows. NOTIFICATIONS: January 31, 1983 and May 13, 1983 ABATEMENT DATE: March 7, 1983 PUBLIC HEARING NOTIFICATION: May 13, 1983 OWNERSHIP VERIFICATION: May 13, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days 3a DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1625 Levy (Rear) PROPERTY OWNER: Dalton and Eura Mae Parker Ferguson Parker 1625 Levy 2039 Earl Beaumont, Texas 77701 Beaumont,- Texas 77703 LEGAL DESCRIPTION OF PROPERTY: Lot 9 Block 6 Leonard Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 -of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 8 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor foists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. Reroof building. Replace rotten roof sheathing. Bring: building to plumb. Replace front - rear or_*. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Remove trash weeds & debris from yard. Replace damaRgd doors. Provide scuttle hole. Provide 1811 x 2411 crawl- o e to under floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: January 31, 1983 and May 13, 1983 ABATEMENT DATE: March 7, 1983 PUBLIC HEARING NOTIFICATION: May 13, 1983 OWNERSHIP VERIFICATION: May 13, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days 4 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1180 Sherman PROPERTY OWNER: John Charles Duckless c/o Ms. Troy Selman 445 Doucette Beaumont, Texas 77701 LEGAL DESCRIPTION OF PROPERTY: Plat H Tract 25 $ N7' 4,5,6 D.Brown Survey OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section -14-50 and 14-51 of the Code of Ordinances for the City of Beaumont - s 19 VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor foists. Replace spliced floor joists. Correct overspanned floor foists. Level floors. Replace rotten flooring. Repair holes in floor. Re lace rotten material in exterior wail.-—Flash exterior openings. Lorrect roof sag. Reroot building. Replace rotten roof sheathing. Bring building to p umb. Replace front - rear porches. Replace front - rear steps. R=ac:e rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Rep ace spliced ceiling foists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish r.e�w....i. red plumbing. Furnish required wiring. Remove trash e ris rom building. eR movE: trash, wee s & debris from yar eplace damaged doors. Provide scuttle Fio'Te. Provide x 2411 crawl-hole to under floor. Remove ire damage. Replace - Repair damaged windows. NOTIFICATIONS: March 14, 1983 and .May 13, 1983 ABATEMENT DATE: April 19, 1983 PUBLIC: HEARING NOTIFICATION: May 13, 1983 OWNERSHIP VERIFICATION: May 13, 1983 RECOWENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 5 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 3455 Waverly PROPERTY OWNER: Fronie White 3455 Waverly Beaumont, Texas 77705 LEGAL. DESCRIPTION OF PROPERTY: Lot 7 Block 3 Westoakland Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance 'from floor joists to 9 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior o e�n,.ngss.. Correct roof sag. Reroof building. Replace rotten roof sheathing. �rl Uuuilding to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. ea er-required, openings. a ace rotten ei in Correct ceilin g sa g Correct overspanned ceiling joists. Replace spliced ceiling Joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wir Remove trash $ debris from u-il�in . Remove tras , wee s e ris rom yar in ep ace amage oors. ro ve a scutt e iFo�e. Provide x 241, crawl-hole to under floor. Remove fire damage. Repl_ace__ Repair damaged windows. NOTIFICATIONS: Apri1 .21, 1983 and May 13, 1983 ABATEMENT DATE: May 26, 1983 PUBLIC HEARING NOTIFICATION: May 13, 1983 OWNERSHIP VERIFICATION: May 13, 1983 RECONHdENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days 7 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 3310 Westmoreland (Garage) PROPERTY OWNER: Orelia August 3310 Westmoreland Beaumont, Texas 77705 LEGAL DESCRIPTION OF PROPERTY: Lot 20 Block 2 Westoakland Addition OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 8 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor foists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Re lace rotten material in exterior wall. Flash exterior openings. Correct rooffssaa. Reroof building. Replace rotten roof sheathing. Brig—uil ing to plumb. Replace front- rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Re lace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash a ris rom building, Remove trash, weeds & debris from yard. Replace damaged doors. Provi3e scuttle hole. Provide 18" x 24" crawl-hole to under ffloor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: March 14, 1983 and May 13, 1983 ABATEMENT DATE: April 19, 1983 PUBLIC HEARING NOTIFICATION: May 13, 1983 OWNERSHIP VERIFICATION: May 13, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days