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HomeMy WebLinkAboutPACKET AUG 29 2017 - CANCELLEDBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 29, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — August 22, 2017 Confirmation of committee appointments Marc McDonald will fill the unexpired term of Richard James on the Convention and Tourism advisory Committee. The term would commence August 29, 2017 and expire September 30, 2017. (Councilmember Virginia Jordan) Vivian Todd will fill the unexpired term of Travis Hefley on the Parks and Recreation Advisory Committee. The term would commence August 29, 2017 and expire September 30, 2017. (Councilmember Virginia Jordan) Melinda McWhite will fill the unexpired term of Charles Heare on the Parks and Recreation Advisory Committee. The term would commence August 29, 2017 and expire September 30, 2017. (Councilmember Virginia Jordan) A) Authorize the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an inter -local agreement with the City of Port Arthur and Jefferson County D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: August 29, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute all documents necessary, including an inter -local agreement with the City of Port Arthur and Jefferson County. BACKGROUND The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice Assistance Grant program for the past eleven years. The funding has been used to upgrade technology through the purchase of computer hardware and software, purchase additional officer safety equipment and to fund several community policing programs. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, an inter -local agreement must be filed with the joint application, and the agencies must agree to funding allocations prior to application for funding. Total allocation for 2017 is $112,725 of which, $69,425 will be allocated to Beaumont, $26,391 to Port Arthur and $16,909 to Jefferson County. Funds awarded to Beaumont will be used for the Technology Enhancement Program. FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of resolution. GMS Application Number 2017 -H2738 -TX -DJ Resolution No. The State of Texas )( County' of Jefferson )( City of Beaumont, Texas )( Know All by These Present City of Port Arthur, Texas )( Inter -Local Agreement Between the County of Jefferson, Texas; City of Beaumont, Texas; and City of Port Arthur, Texas 2017 Edward Byrne Justice Assistance Grant (JAG) Program Award This Agreement is made and entered into this day of 2017, by and between The County of Jefferson, Texas acting by and through its governing body, the Commissioners Court; the City of Beaumont, Texas acting by and through its governing body, the City Council; and the City of Port Arthur, Texas acting by and through its governing body, the City Council, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the total funding allocation is $112,725; and the City of Beaumont, Texas, and the City of Port Arthur, Texas, agree to provide Jefferson County, Texas $16,909 from the JAG award and the City of Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $69,425 to the City of Beaumont, Texas, and $26,391 to the City of Port Arthur, Texas. WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas, believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas agree as follows: Section 1. The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas $16,909 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $69,425 to the City of Beaumont, Texas; and $26,391 to the City of Port Arthur, Texas. Section 2. Jefferson County, Texas agrees to use the funding for the Technology Enhancement Program until 2020. The City of Beaumont, Texas agrees to use the funding for the Technology Enhancement Program until 2020. The City of Port Arthur, Texas agrees to use the funding for the Technology Enhancement Program until 2020. r� GMS Application Number 2017 -H2738 -TX -DJ Section 3. Each party to this agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, .this Agreement shall not create any rights in any party not a signatory hereto. Section 6. The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting for this JAG funding. City of Beaumont, Texas CITY MANAGER City of Port Arthur, Texas CITY MANAGER Jefferson County, Texas COUNTY JUDGE *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this,document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding for the City of Beaumont in the amount of $112,725 from the Edward Byrne Memorial Justice Assistance Grant Program for the Technology Enhancement Program; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute all documents necessary to secure the funding, including an interlocal agreement to reallocate funds in the amounts of $26,391 to the City of Port Arthur and $16,909 to Jefferson County. 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 29th day of August, 2017. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 29, 2017 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 and 2/ Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to award a bid to C1eanServe, LLC, of Pearland, Texas for the Sanitary Sewer Evaluation Work Order Contract 2. Consider approving an ordinance granting a franchise for solid waste collection and transportation services to 2S Roll -off Service, LLC WORK SESSION * Review and discuss the proposed FY 2018 Budget and the proposed 2018 Capital Program JOINT PUBLIC HEARING * Receive comments on the proposed FY 2018 Budget and the proposed 2018 Capital Program PUBLIC HEARING * Receive comments on the 2017 (FY 2018) proposed tax rate COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Ashley Scott v. City of Beaumont and Chieft Anne Huff, Cause No. B- 198,422 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Harbuzi at 880-3777. [1 August 29, 2017 Consider a resolution authorizing the City Manager to award a bid to CleanServe, LLC, of Pearland, Texas for the Sanitary Sewer Evaluation Work Order Contract BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 29, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to C1eanServe, LLC, of Pearland, Texas for the Sanitary Sewer Evaluation Work Order Contract (Bid No. WU0517-11). BACKGROUND As part of the City's Sanitary Sewer Overflow Initiative (SSOI), the Sanitary Sewer Evaluation Work Order Contract will be used to clean, televise, and evaluate the City's sanitary sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines. On August 10, 2017, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Three (3) bids were received. One (1) bid from Magna Flow Environmental Services was disqualified as being noncompliant with the Bid Schedule requirements. The two (2) qualified bids are outlined in the table below: Contractor Location Total Base Allowance Total Award Bid Amount C1eanServe, LLC Pearland, TX $565,187.50 $25,000.00 $590,187.50 ALLCO Beaumont, TX $621,706.25 $25,000.00 $646,706.25 Based on a review of the bids received and the qualifications of the low bidder, the City Water Utilities Engineer recommends award to C1eanServe, LLC in the amount of $590,187.50. The recommended award is for Base Bid Items No. 1 through 21 and the Allowance. A total of 730 calendar days are allocated for completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. BID TABULATION Sanitary Sewer Evaluation Work Order Contract (Bid No. WU0517-11) BID OPENING DATE: Thursday, August 10, 2017 The Bid Proposals submitted have been reviewed and to the best of my knowledge this Is an accurate tabulation of the bids received. By:i Nguyen, PE, Y at Iltl ,glfloor Date: 0811512017 VE Ile, +II •vi �, • Pf11 D,, 1`113vnt vtti. -82045 4-�- CSI Copsafrdaled.LLG.DBA CIeanSme; LLC ALCO M29"a Flow EnvilonmonralSOrvi=6 ITEM NUMBER QUANTITY UNIT DESCRIPTION Bid Schedule Peadand, TX Beaumont, TX Humble, TX Kenl Ford T.W. Harrison Charles K. Stroud Old Atl ustmut+i Factor 1.25 OW A'd uslmonl Ptlelat 1274 BId Ad uslmant Factor Hol Ptav dad BASE BID ITEMS UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO,1 1 LS bond, performance bond, insurance end moving equipment to project MobiW.aion, including payment,00 S 13,00,00 S 130.00 $ 1026000 $ 16,25000 S 17,87500 S 17,875 DO ITEM NO 2 400,000 L F Smoke Testing A[ Sizes and Depths 5 040 S 180,000 00 $ 050 $200.000.00 S 055 S 220,000 00 ITEM NO 3 200 EACH Dye Water Flooding Testing S 15000 S 30,000 CO S 187,50 S 37,50000 S 208.25 S 41250. DO ITEM NO 4 35,000 L F Cleaning W-10" Sewer, AD Depths $ 130 S 45,50000 S ' 163 S 58,87500 S 1.79 $ 62,562 50 REM NO 5 12,000 L F Cleaning 17'-15" Sewer, All Depths S 150 $ 16,000 00 $ 1 88 $ 22,500 00 S 2.06 $ 24.750,00 REM NO 6 12.000 L F Cleaning 16"-24" Sewer, All Depths S 200 5 24,000 00 $ 250 $ 30,000 DO S 2.75 $ 33,000,00 ITEM NO 7 4,500 L F Cleaning 27"-30" Sewer, All Depths 5 4.00 S 16,000,00 S 600 S 22,500 DO S 5.50 $ 24,750 00 ITEM NO 6 1,200 L F Cleaning 33-36" Sewer. All Depths 'S 800 5 9,600.00 $ 1000 $ 12.000 00 S 11,00 $ 13,200 00 ITEM NO 9 1,200 L F Cleaning 42 4B" Sewer All Depths S 1200 S 14,400.00 S 1500 $ 18,00000 S 1650 $ 19.800 00 ITEM NO 10 500 LF Mechanical Cleaning 6"-11)' Sewer, All Depths 'S 9.60 S 4,80000 S 1200 S 6.00000 S 1320 $ 6,60000 Magna Flow ITEM NO 11 500 LF Mach enica[Cie anine l2"-15" Sewer. At Depths S 1200 S 6,DODOD S 1500 S 7,50000 S 1950 $ 8.2500D Erwhonmentul Services ITEM NO 12 35,000 L F TV Inspection 6' W' Sawer. All Depths S 100 S, 35 DOD OD $ 125 S 43,750 00 S 138 $ 46,125 OD bhfdod,by,Use unit prices ITEM NO 13 12.000 LF TV lnspecegn 17-15" Sewer, At Depths S 1.00 S 12,00000 $ 125 $ 115.000 OD S 1,38 S 16,60001) but not rector bid ITEM NO 14 12,000 L F TV Inspection 16"-24• Sewer, AI Depths S 150 S 18,000 00 $ 1.68 $ 22,50000 S 206 $ 24,750 00 ITEM NO 15 4.500 L F TV Inspection 27"-30' Sewer, AR Depths 5 200 S 8.000 00 $ 250 $ 11250 00 S 2,75 $ 12.375 00 ITEM NO 16 1200 L F TV Inspection 33"-36' Sewer All Depths �S 350 S 4.200 00 S 438 S 5,25000 S 4.81 S 5,77500 ITEM NO 17 1,200 L F TV Insoeclmn 47'-0B' Sewer All Depths 5 4.00 S 4,800 DO S 5 D S 6,0000D S 5.50 It 8.80000 ITEM NO 16 4,000 L F TV Inspection 54"-72" Sewer, Al Depths S 500 S 20.01t) DO S 625 $ 25,00000 S 688 S 27,50000 ITEM NO 19 1 EACH Obslruclion Removal by Excavation, Al Sizes, AD Depths S 1,50000 5 1,500,00 S 1,87500 $ 1,87500 S 2,062,50 $ 2.06260 ITEM NO 20 1 EACH ObsWclion RemovalW Remote Method (Set-up for each Manhole Section). All Sizes, All Depths :S 35000 S 350.00 $ 43750 $ 43750 S 481,25 S 487.25 ITEM NO 21 20 EACH Barricades, Signs and Tralfro Handing S 20D 00 S 4,00000 $ 25000 $ 5,00000 S 275.00 $ 5,500 DO BASEBIDQUANTITIES TOTAL S452.150.00 158 107.60 S 821.708:25 ITEM NO T 1 ALLOW Unfgrtpen grLs as Oi•aetcd uQaicr S.25 oar ol) S 2500000 ad IIIA46 15 YES YES YES' Acirr—lodgloAddondun'1 YES YES YES rid SeAed,Z a 016.20 YES YES 'S Bbd Sum a pa 22 YES YES 'Y Co i atoRe504154n (Pria 26), YES YES YES Bid Bond IP -2151 I YES YES .YES- M4ar +1nnR W6d.JSa4a1P g 626.20 YES YES YES Conr�ctoltrhucst Oues£uVlxre [P 2939 -YES YES YES SL-ramonl of CAV Chalof Plevusen on CenEcl or trttalest fPolo 31 YES YES S -In£wonce R cqu4 ern entAMds't 46 YES YES Schedule of MSE Patuoa5on P,1 0'S4 -YES NO YES RESOLUTION NO. WHEREAS, bids were solicited for furnishing all labor, materials, equipment, and supplies for the Sanitary Sewer Evaluation Work Order Contract; and, WHEREAS, CleanServe, LLC, of Pearland, Texas, submitted a bid in the amount of $565,187.50, with an allowance of $25,000.00, for a total award of $590,187.50; and, WHEREAS, City Council is of the opinion that the bid submitted by CleanServe, LLC, of Pearland, Texas, should be accepted; 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 bid submitted by CleanServe, of Pearland, Texas, for the furnishing of all labor, materials, equipment and supplies for the Sanitary Sewer Evaluation Work Order Contract in the amount of $565,187.50, with a $25,000 allowance, for a total award of $590,187.50, be accepted by the City of Beaumont. THAT the City Manager be and he is hereby authorized to execute a contract with CleanServe, of Pearland, Texas, for the purposes described herein. 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 29th day of August, 2017. - Mayor Becky Ames - 2 August 29, 2017 Consider approving an ordinance granting a franchise for solid waste collection and transportation services to 2S Roll -off Service, LLC BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 29, 2017 REQUESTED ACTION: Council consider approving an ordinance granting a franchise for solid waste collection and transportation services to 2S Roll -off Service, LLC BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Six (6) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. 2S Roll -off Service, LLC has requested that the City Council grant the company a franchise agreement. 2S serves southeast Texas with its corporate office located at 3065 W. Cedar Street, Beaumont, Texas. The agreement provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (3 0) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the third and final reading. The first reading took place on July 25, 2017. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of resolution. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO 2S ROLL -OFF SERVICE, LLC. WHEREAS, 2S Roll -off Service, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to 2S Roll -off Service, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. The Company shall establish rates for service which are uniform as to customer, class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, _hether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval. of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Impact Waste LLC PO Box 20413 Beaumont, Texas 77720 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. 0artinn 1 It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 25th day of July, 2017. /s/ Mayor Becky Ames - Mayor Becky Ames - The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 1st day of August, 2017. /s/ Mayor Becky Ames - Mayor Becky Ames - The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the 29th day of August, 2017. - Mayor Becky Ames - WORK SESSION * Review and discuss the proposed FY 2018 Budget and the proposed 2018 Capital Program JOINT PUBLIC HEARING * Receive comments on the proposed FY 2018 Budget and the proposed 2018 Capital Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 29, 2017 REQUESTED ACTION: Council to hold a joint public hearing on the proposed FY 2018 Budget and the proposed 2018 Capital Program. BACKGROUND The proposed FY 2018 Budget was submitted to Council on August 15, 2017. The proposed 2018 Capital Program was originally submitted on May 15, 2017 and again with the proposed budget on August 15, 2017. The notice of the public hearing on the Budget and Capital Program was published August 16, 2017. FUNDING SOURCE Not applicable. RECOMMENDATION Hold the joint public hearing. r. PUBLIC HEARING * Receive comments on the 2017 (FY 2018) proposed tax rate i,AN, MA W TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 29, 2017 REQUESTED ACTION: Council to hold a public hearing on the 2017 (FY 2018) proposed tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower of the effective tax rate or the roll back tax rate. A Notice of Proposed Tax Rate is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was posted on the cable channel 4 and in the newspaper on August 16, 2017 in addition to being posted on the website August 14, 2017. FUNDING SOURCE Not applicable. RECOMMENDATION Hold public hearing.