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HomeMy WebLinkAboutPACKET NOV 07 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 7, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — October 31, 2017 Confirmation of board and commission member appointments A) Approve Change Order No. 1 to the contract with MK Constructors for the construction of the Northwest Parkway (from Major Drive to Parkdale Mall Loop) Project B) Authorize the City Manager to execute all documents related to an agreement with the DEA (Drug Enforcement Agency) that would allow for federal reimbursement of overtime expenditures C) Authorize the City Attorney, or his designee, to file a lawsuit against APAC-Texas, Inc./Oldcastle Materials Texas, Inc. necessary to compensate the City for failed or failing roadways resulting from defective asphalt road materials provided for City street resurfacing projects - U, BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: November 7, 2017 REQUESTED ACTION: Council consider a resolution approving Change Order No. 1 for the Construction of Northwest Parkway Project. BACKGROUND On October 18, 2016, by Resolution 16-203, City Council awarded a contract to MK Constructors of Vidor, Texas, in the amount of $12,109,789.38 for the Construction of Northwest Parkway (from Major Drive to Parkdale Mall Loop) Project. Proposed Change Order No. 1, in the amount of $15,866.93, is required to adjust bid items and quantities in the contract to reflect design changes needed to accommodate field conditions discovered during the course of construction. A total of fifty (50) calendar days would be added to the contract to provide adequate time for the proposed changes in work. If approved, the new contract amount will be increased to $12,125,656.31 FUNDING SOURCE Beaumont Municipal Airport Oil and Gas Revenue. RECOMMENDATION Approval of resolution. RESOLUTION NO. 16-203 WHEREAS, bids were solicited for a contract for the construction of Northwest Parkway Project (from Major Drive to Parkdale Mall Loop); and, WHEREAS, MK Constructors, of Vidor, Texas, submitted the lowest bid in the amount of $12,109,789.38 in the unit amounts shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by MK Constructors, of Vidor, 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 MK Constructors, of Vidor, Texas, in the amount of $12,109,789.38 for a contract for the Northwest Parkway Project (from Major Drive to Parkdale Mall Loop) be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with MK Constructors, of Vidor, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of October, 2016. l� (Y' yor Becky AYnes - CITY OF BEAUMONT DATE. OCTOBER 26, 2017 PROJECT: CONSTRUCTION OF NORTHWEST PARKWAY (FROM MAJOR DRIVE TO PARKDALE MALL LOOP) PR'0516-13 OWNER: CITY OF BEAUMONT CONTRACTOR: BDS CONSTRUCTORS LJ.0 (DRA MK CONSTRUCTORS) CHANGE ORDER NO.: ONE (1) THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY INIADE: Addition of pay items, adjustment of quantifies and addition of calendar days to reflect changes necessary for construction. rl'RM NO. ITEM CODE DESCRIPTION UXrr ORIGINAL QUANTTY NEW CHANGE ORDER QUANI'r1YAMOUNT 104 2022 REMOVING CONC CURB AND GUTTER LF 329 369 S 560.00 110 2001 EXCAVATION ROADWAY CY 47763 4608633 5 I 560.03276 S 2170 CENI TRI PINT MX CLL TY A GR 2 6' SY 67595 19 787.354D prrPR 5 573 691.73276 S 2171 CEM TR LNT CLN A GR2 6' 6'41 SY INSTALL 4'FERGLASS MI I I IT 50334.161 S 661.894.22 340 2104 D -GR ET TY -D SAC -B PG64-Z2 TON 3.780 738.660 S 364.960.80 360 2026 CONC PAY (JOINT REM 10' SY 64587 64,763.680 S 9.540.72 360 CURB PE B LF 751 8430 S 552.00 400 2001 STRUCT EXCAV CY 16271 16.360 S.0 S 712.00 2005 CHMSTABILBKIL CY 7633.4 8996.5 S 55.00 S 74.971.'_2 100.00 S 2001 TRENCH EXCAVATION PROTECTION LF 7,014 12.870 S 1.00 S 5.846.00 2003 RC PIPE CL III 1811 LF 7,322 2,454 S 48.00 S 6336.00 75.005 2005 RC PIPE CL I-- 11 LF '+ 107 2.305 S 51.00 5 10.098.00 F4916 2006 MANfi COMPL 1tNCT BOX TY MI EA 10 12 S 6339.00 S ;2,679o0 20B1 INLET COMPL GRATE TY I EA 14 16 S 3063.00 S 6126.00 2007 ADJUST'RCP DRAINAGE LATERALS LF 330 S 16.00 S 5.380.00 2001 BARRICADES SIGNS AND TRAFFIC HANDLING MO 18 19.667 S 1204.00 S ;006.67 2002 CONSTRUCTING DETOURS SY 3.397 3.902.387 S 50.00 S 25269.35 29DI INSTALL DRAINAGE DrTCH SWING GATE AT STA 24+60 LS 1 S 2,645.00 S 2.645.00 552 2902 INSTALL P(lb ' H-BRACIN & BARBED V17RE FENCING LS I 5 1,124 1 S 9000 2903 JrNSTALLS MIL. POLYEDIYLINE BOND BREAKER SY 57689.38 S 1.97 S I!124.00 113648.08 FIFTY (50) CALENDAR DAPS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: -INCH SDR -26 PVC SANITARY SEWER LF 1,379 816 S 61.00 S 34.343.00) TOTAL PERCENT CHANGE ORDER TO DATE: 12 -INCH SDR -26 PVC SANITARY SEWER LF 3,718 3950 S 36.00 5 8.35200 12 -INCH SDR -26 PVC SANITARY SEWER SHAILOW INSIALL LF 447 S 60.00 S 26.82000 REMOVE& RF,PLACF. 4' F1nERCLEIASS MI I>12' EA 2 1 S 17.900.00 S 17900.00FURNISH& K626 INSTALL 4'FERGLASS MI I I IT EA 7 6 S 10.400.00 S (10.40000 SANITARY SEWER TIE-IN ATMAJOR DRIVE MANHOLE 5 10290.25 SANITARY SM%ER ADJUSrMEN YINCL SCH. 40 STEEL CASING AT STA 59+5 IS - 1 S 3.000.00 S 3.000.00 INSTALL I4'SCH. 40 STEEL CASING FOR SANITARY SEWER AT STA 51+40 - 10 S 100.00 S 1000.00 INSTALL 10' SCH. 40 STEEL CASING FOR SANITARY SEWER AT 12 STA 310+60 I LF - 10 S 75.005 75000 FIFTY (50) CALENDAR DAPS HAVE BEEN ADDED TO THE CONTRACT BY THIS CHANGE ORDER ORIGINAL CONTRACT AMOUNT: S 12,109,789.38 NET FROM PREVIOUS CHANGE ORDERS: S TOTAL AMOUNT OII THIS CHANGE ORDER: S 15,866.93 PERCENT OF THIS CHANGE ORDER: 0.13% TOTAL PERCENT CHANGE ORDER TO DATE: 0.13% NEW CONTRACT AMOUNT: S 12,125,656.31 ACCEPTED BY: 4917 PR"ARED BY: / n ^ n w✓`N`/v UDS CONSTRUCTORS LIC O)BA N1K CO.YSTRUCTORS) CBACE SUNK, PROJECT MANAGER RP.COMMAYDED BY, \ of r v._r 73IRNG TAN, P.F. CITftMINEER ORJ 'PHD ALANI, P..,PUR%. ORK DIRECTOR APPROVED BY, ATTESTED BY: KYLX HAYES. CrTY NANAGFR TINA BROUSSARD. CITY CLERK RESOLUTION NO. WHEREAS, on October 16, 2016, the City Council of the City of Beaumont, Texas, adopted Resolution No. 16-203 approving the award of a contract to MK Constructors, of Vidor, Texas, in the amount of $12,109,789.38 for the Northwest Parkway (from Major Drive to Parkdale Mall Loop) Construction Project; and, WHEREAS, Change Order No. 1, in the amount of $15,866.93, is necessary to adjust bid items and quantities in the contract to reflect design changed needed to accommodate field conditions discovered during the course of construction, thereby increasing the total contract amount to $12,125,656.31; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above, thereby increasing the contract amount by $15,866.93, for a total contract amount of $12,125,656.31for the Northwest Parkway (from Major Drive to Parkdale Mall Loop) Construction Project. 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 7th day of November, 2017. - Mayor Becky Ames - 1� BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: November 7, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents related to an agreement with the DEA (Drug Enforcement Agency) that would allow for federal reimbursement of overtime expenditures. 1 All The Beaumont Police Department and the DEA have a long standing relationship which includes a member of the department being assigned to a DEA Task Force. In addition, both agencies work together on joint operations that target significant criminal activity in and around the City of Beaumont. During these operations it is typically necessary for police personnel to work extended hours to make them successful. The DEA has a program that allows overtime and certain other qualified expenditures to be eligible for federal reimbursement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES EXO USE Only FY 2018 REIMBURSEMENT REQUEST FOR OVERTIME COSTS AND AUTHORIZED EXPENSE / STRATEGIC INITIATIVE PROGRAMS FOR STATE OR LOCAL LAW ENFORCEMENT PERSONNEL STATE OR LOCAL FEDERAL TAX_ DC # (EX0 T-32- IDENTIFICATION #: — — — — — — — — — use only): SEND PAYMENT TO: (Please enter State or Local Organization Name, Address, Zip Code above) ADMINISTRATIVE OR FINANCIAL STAFF CONTACT: Telephone/E-mail: OCDETF INVESTIGATION / STRATEGIC INITIATIVE NUMBER: - OPERATION NAME: SPONSORING FEDERAL AGENCY INVESTIGATION NUMBER: BILLING PERIOD FOR WHICH REIMBURSEMENT IS REQUESTED: FROM Total Number Of Officers Claiming Overtime: TO Total Number of Overtime Hours Claimed for All Officers: 0.00 AMOUNT REQUESTED: OVERTIME $ 0,00 AUTHORIZED EXPENSES $ 0,00 TOTAL $ 0,00 This invoice is not considered proper until all necessary signatures are obtained and the invoice is received by the OCDETF Executive Office. In accordance with the executed State or Local Agreement, reimbursement is hereby requested for overtime and for authorized expense/Strategic Initiativ; programs of Law Enforcement officers from the above-named Organization. I hereby certify that cumulative overtime from all Federal sources, inclusive of this request; for each officer covered by this request does not exceed $18,042.00. I further certify that the funds requested are for overtime, travel, Strategic Initiative operation expenses, and per diem expenses incurred by the officer(s) identified in the Agreement for work on the cited OCDETF Investigation or Strategic Initiative, and that the State or Local officer(s) have been paid, Benefits (such as retirement, FICA, or other expenses) are NOT to be included in overtime payment. NOTE: DIRECT PAYMENTS TO OFFICERS ARE NOT ALLOWED. Certified: Authorized State or Local Official Title Date Approved for Payment: OCDETF Executive Office Date Reimbursement Request - (FYI 8) C• ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES AUTHORIZED OFFICERS OVERTIME LOG OCDETF Investigation/Strategic Initiative Number: State or Local Organization: Current Billing Period: Additional Overtime Log pages included? Yes _ No Do not leave any columns blank; enter "0 "for any columns with a non -applicable amount. The 'Totals' row of Columns B, D, and E must match the amounts listed on the Reimbursement Request. Column Label A B C D E F G H State or Local Regular Overtime Officer's Authorized OCDETF Other Cumulative Cumulative Employee Name Hours Hours Overtime Expenses Overtime Federal OCDETF Overtime and Rank/Title Worked Worked Rate Claimed Amount Overtime Overtime Charged on on for this Claimed Earned t Charged from all OCDETF OCDETF billing for this this fiscal including Federal case/ case/ period billing year 2 this billing_ Sources this Strategic Strategic periodep riod this fiscal year 3 Initiative Initiative BxC=E fiscal year F+G=H 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Totals Other Federal Overtime Earned is overtime earned from ALL non-OCDETF Federal Sources (such as Safe Streets, HIDTA, HSI, FEMA, etc.) z Fiscal Year is from October V' — September 30`h 3 This amount cannot exceed $18,042.00 in FYI (25% of the current Federal salary rate in effect) Certified: Approved: Approved: Sponsoring Federal Agency Group/Squad Supervisor Print Name Date Sponsoring Federal Agency Regional OCDETF Coordinator Assistant United States Attorney Regional OCDETF Director Date Date OCDETF Officer Overtime Log Continued Billing Period: State or Local Organization: OCDETF Investigation/ Strategic Initiative Number: Column Label A B C D E F I G H State or Local Employee Name and Rank/Title Regular Hours Worked on OCDETF case/ Strategic Initiative Overtime Hours Worked on OCDETF case/ Strategic Initiative Officer's Overtime Rate Authorized Expenses Claimed for this billing period OCDETF Overtime Amount Claimed for this billing periodep BxC=Efiscal Other Federal Overtime Earned t this fiscal year 2 Cumulative OCDETF Overtime Charged including this billing riod this year Cumulative Overtime Charged from all Federal Sources this fiscal year 3 F+G=H 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 Other Federal Overtime Earned is overtime earned from ALL non-OCDETF Federal Sources (such as Safe Streets, HIDTA, HSI, FEMA, etc.) 2 Fiscal Year is from October 1 st - September 30th 3 This amount cannot exceed $18,042.00 in FYI (25% of the current Federal salary rate in effect) RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a FY 2018 Agreement for the Use of the State or Local Overtime and Authorized Expenses/Strategic Initiative Program between the City of Beaumont and DEA (Drug Enforcement Agency) to designate multiple Beaumont Police Department officers to assist with DEA Organized Crime Drug Enforcement Task Force (OCDETF) operations and apply for federal reimbursement of overtime hours worked by those officers. The Agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 7th day of November, 2017. - Mayor Becky Ames - ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES FY 2018 Agreement FOR THE USE OF THE STATE OR LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAM Federal Tax Identification #: Amount Requested: Number of Officers Listed: From: To: Beginning Date of Agreement Ending Date of Agreement State or Local Organization Narcotics Supervisor: Telephone Number: E-mail Address: Sponsoring Federal Agency(ies): DC#: T-32- OCDETF Investigation / Strategic Initiative Number: Operation Name: Federal Agency Investigations: Number: State or Local Organization Name: Address to receive OCDETF paperwork (no PO Boxes): ATTN: Sponsoring Federal Agency Group/Squad Supervisor: Telephone Number: E-mail Address: Please provide the name, telephone number, e-mail address, and fax number for the financial staff person at the State or Local Organization, who is directly responsible for the billing on the Reimbursement Request: Name: Telephone Number: E-mail Address: Agreement (FYI 8), Page 1 EXHIBIT "A" This Agreement is between the above named State or Local Law Enforcement Organization and the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. This Agreement shall be effective when signed by an authorized State or Local. Organization official, the sponsoring Federal Agency Special Agent -In -Charge, the sponsoring Agency Regional OCDETF Coordinator, the Assistant United States Attorney Regional OCDETF Director, and the OCDETF Executive Office. 1. It is agreed that the State or Local Law Enforcement officers named on this Agreement will assist in OCDETF Investigations, Strategic Initiatives and prosecutions as set forth in the Organized Crime Drug Enforcement Task Forces State or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies and Procedures Manual, Fiscal Year 2018. 2. No individual Agreement with a State or Local organization may exceed $25,000, and the cumulative amount of OCDETF State and Local overtime monies that may be expended on a single OCDETF Investigation or Strategic Initiative in a single fiscal year may not exceed$50,000 without express prior approval from the OCDETF Executive Office. The OCDETF Executive Office will entertain requests to exceed these funding levels in particular cases. Please submit a written request including justification approved by the AUSA Regional Director to the OCDETF Budget Officer/Deputy Budget Officer when seeking to exceed the above stated funding levels. 3. Each Reimbursable Agreement will be allowed no more than six (6) modifications per year. In addition, if the funds for a particular Agreement are completely deobligated with the intention of closing that Agreement, it will not count as a modification for purposes of this policy. These amendments must be transmitted by a memorandum approved and signed by the AUSA Regional OCDETF Director or designee for the region and sent to the OCDETF Executive Office. 4. If an Agreement does not have any activity during the last ninety (90) days, the funds shall automatically be deobligated. The OCDETF Executive Office will assist with the monitoring of the aging Agreements. Further, if a State or Local Organization indicates that it is no longer performing work under a particular Agreement, the State or Local Overtime and Authorized Expense/Strategic Initiative Programs, Policies and Procedures Manual requires that a modification memorandum identifying the amount to be deobligated be submitted to the OCDETF Executive Office as soon as possible after determining that no work is being performed. 5. The State or Local Law Enforcement Organization agrees to provide experienced drug Law Enforcement officers who are identified in this Agreement to work on the specified OCDETF Investigation or Strategic Initiative. Any change in Law Enforcement officers assigned must be agreed to by all approving officials. Agreement (FYI 8), Page 2 6. Officers who are not deputized shall possess no Law Enforcement authority other than that conferred by virtue of their position as a commissioned officer of their parent Agency. 7. Officers who are deputized may possess Federal Law Enforcement authority as specified by the Agency affording the deputation. Any State or Local officers assigned to an OCDETF Investigation or Strategic Initiative in accordance with this Agreement are not considered Federal employees and do not take on the benefits of Federal employment by virtue of their participation in the Investigation or Strategic Initiative. 9. OCDETF and the sponsoring Federal Law Enforcement Agency(ies) for the approved OCDETF Investigation or Strategic Initiative will provide to the assigned State or Local officers the clerical, operational and administrative support that is mutually agreed to by the parties in this Agreement. 10. Officers assigned to OCDETF Investigations or Strategic Initiatives should work full-time on the Investigation(s) or Strategic Initiative(s) in order to be paid overtime. In order to satisfy the "full-time" expectation, a Law Enforcement officer should work forty (40) hours per week or eight (8) hours per day on a single or multiple OCDETF Investigation(s) or Strategic Initiative(s). Any established exceptions or waivers to this definition shall be requested by the Regional Coordination Group and attached as Addendum A to the Agreement. [The parent State or Local Organization must pay the base salary of its officers. In the event officers must work overtime on an OCDETF Investigation or Strategic Initiative, the OCDETF Program will reimburse the parent State or Local Law Enforcement Organization for a limited amount of those overtime costs.] The Organization is responsible for paying its Law Enforcement officer(s) for their overtime, travel and per diem expenses. To ensure proper and complete utilization of OCDETF overtime and expense allocations, reimbursement claims must be submitted monthly on the OCDETF Reimbursement Request Form. The OCDETF Executive Office may refuse payment on any reimbursement request that is not submitted to the OCDETF Regional Coordination Group within thirty (30) days of the close of the month in which the overtime was worked. 11. It is the responsibility of the State or Local Organization to retain and have available for inspection sufficient supporting documentation for all regular hours and overtime hours worked towards a specific OCDETF case. Officers' timesheets must reflect work towards a specific OCDETF case and must be reviewed and signed by an authorized State or Local official. 12. Analysis of reimbursement claims by the Regional Coordination Group may result in a modification of the obligation of funds contained within this Agreement as well as the time period covered. The Organization affected by any such modification will receive a memo notifying them of the changes. Agreement (FY 18), Page 3 13. Overtime payments, including all other non-OCDETF Federal sources (such as Safe Streets, HIDTA, IRS, ICE, FEMA, etc.) may not, on an annual per person basis, exceed 25% of the current approved Federal salary rate in effect at the time the overtime is performed. The State or Local Organization is responsible for ensuring that this annual payment is not exceeded. The Executive Assistant/OCDETF Program Specialist will monitor these payments via MIS and communicate to the Federal Agency Regional OCDETF Coordinators who provide status updates to any officer approaching the threshold. 14. The overtime log must be attached to the reimbursement request when submitting the monthly invoices. The Sponsoring Federal Agency Supervisory Special Agent and the State or Local official authorized to approve the Reimbursement Request must certify that only authorized expenses are claimed, the regular hours requirement is satisfied, and that overtime has not exceeded 25% of the current Federal salary rate in effect at the time the overtime was worked. 15. Under no circumstances will the State or Local Organization charge any indirect costs for the administration or implementation of this Agreement. 16. The State or Local Organization shall maintain complete and accurate records and accounts of all obligations and expenditures of funds under this Agreement for a period of six (6) years and in accordance with generally accepted accounting principles to facilitate inspection and auditing of such records and accounts. 17. The State or Local Organization shall permit examination and auditing by representatives of the OCDETF Program, the sponsoring Federal Agency(ies), the U.S. Department of Justice, the Comptroller General of the United States, and/or any of their duly -authorized agents and representatives, of any and all records, documents, accounts, invoices, receipts, or expenditures relating to this Agreement. Failure to provide proper documentation will limit State or Local Law Enforcement Organizations from receiving OCDETF funding in the future. 18. The State or Local Organization will comply with Title VI of the Civil Rights Act of 1964 and all requirements applicable to OCDETF Agreements pursuant to the regulations of the Department of Justice (see, e.g., 28 C.F.R. Part 42, Subparts C and G; 28 C.F.R. 50.3 (1991)) relating to discrimination on the grounds of race, color, sex, age, national origin or handicap. 19. This Agreement may be terminated by any of the parties by written notice to the other parties ten (10) business days prior to termination. Billing for outstanding obligations shall be received by OCDETF within thirty (30) days of the notice of termination. Agreement (FYI 8), Page 4 20. The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). In accordance with the act, all OCDETF reimbursement payments will be issued via EFT. All participating State and Local Organizations must complete and submit the attached EFT form. The OCDETF Executive Office must receive one EFT form from each participating organization prior to processing their reimbursement payments. In certain circumstances the OCDETF Executive Office may make exceptions for Organizations that are unable to accept this form of payment, however, such Organizations must include written justification in the addendum of each new Agreement. 21. All changes made to the original Agreement must be approved by the OCDETF Executive Office and initialed by the Executive Assistant/OCDETF Program Specialist of the Regional Coordination Group making the revision. The AUSA Regional OCDETF Director or designee must initial all funding changes. 22. The Regional Coordination Group is responsible for identifying and implementing any additional policy requirements, as needed, for its specific region. Those regional policies will be documented in the Addendum B and attached to the approved Agreement. The Organizations are agreeing to adhere to these additional requirements and must have written approval by the Regional Coordination Group for any exceptions to the regional policies. 23. Restrictions: Benefits (such as retirement, FICA, or other expenses) are NOT to be included in overtime payment. Reimbursement of overtime payment is based solely on the authorized overtime rate of each participating officer listed in the Agreement. Additionally, officers are not eligible for reimbursement of compensation time earned in lieu of overtime payment. OCDETF will only reimburse an actual $ amount paid to the officer for overtime worked, any additional benefit (including compensation time) will NOT be reimbursed. This Agreement is not a contract or obligation to commit Federal funds in the maximum amounts projected. Funding allocations for the time period set forth and agreed to herein represent projections only and are based upon consultation between the sponsoring Federal Agency and the State or Local Law Enforcement Organization. They are, therefore, subject to modification by OCDETF based upon the progress and needs of the OCDETF Investigation or Strategic Initiative. Additionally, resources are contingent upon the availability of funds per the approval and signature of the OCDETF Executive Office obligating authority. The OCDETF Executive Office will approve and certify that all the terms and conditions of the Agreement have been met. Each Agreement must be approved and signed by a State or Local Law Enforcement Organization official who has supervisory authority over, and is authorized to assign, the participating Law Enforcement officers to the OCDETF Investigation or Strategic Initiative. Agreement (FY 18), Page 5 Approved By: Approved By: Approved By: Approved By: Authorized State or Local Oficial Title Date Print Name Sponsoring Federal Agency Special Agent in Charge or Designee Date Print Name Sponsoring Agency Regional OCDETF Coordinator Date Assistant United States Attorney Regional OCDETF Director Date Funds are encumbered for the State or Local Organization overtime costs and authorized expense/Strategic Initiative Programs specified above. Subject to availability of funds. Funds Certified: Approving Official: OCDETF Executive Office OCDETF Executive Office Agreement (FYI 8), Page 6 Date Date ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCES STATE OR LOCAL LAW ENFORCEMENT OFFICERS ASSIGNED TO PARTICIPATE IN THE STATE AND LOCAL OVERTIME AND AUTHORIZED EXPENSE/STRATEGIC INITIATIVE PROGRAMS State or Local Organization: OCDETF Investigation / Strategic Initiative Number: The Law Enforcement officers listed below will assist with the above identified OCDETF Investigation or Strategic Initiative. Any modification of the list of Law Enforcement officers must be agreed to in writing by all of the parties to this Agreement, made a part of the Agreement, and forwarded to the OCDETF Executive Office. NAME TITLE/RANK DOB 7. 8. 9. 10. Agreement (FYI 8), Page 7 Addendum A Definition of "Full -Time Participation" Exemption Any Other Exceptions or Justifications Agreement (FY 18), Page 8 Addendum B Identification of Additional Policy Requirements Agreement (FYI 8), Page 9 ACH VENDOR/MISCELLANEOUS PAYMENT ENROLLMENT FORM PAYEE/COMPANY INFORMATION Name: Address: Taxpayer ID Number: FINANCIAL INSTITUTION INFORMATION Bank Name: Nine -Digit ABA Routing Transit Number: Depositor Account Number: Type of Account: (checking/savings) POINT OF CONTACT Please enter name of individual in Accounting/Finance department familiar with financial institution information for OCDETF Reimbursements. Contact Person Name: Telephone Number: Please return with the. Reimbursable Agreement The Debt Collection Improvement Act of 1996 requires that most payments made by the Federal government, including vendor payments, must be made by electronic funds transfer (EFT). A benefit of receiving payments by EFT is that your funds are directly deposited to your account at a financial institution and are available to you on the date of payment. If you have any question regarding the delivery of remittance information, please contact the financial institution (bank) where your account is held. If you have any question on the completion of this form, please contact the OCDETF State and Local EFT Coordinator at 202-514-1860 To inquire about a bill please contact: https://www.ipp.gov/ Agreement (FYI 8), Page 10 C BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney November 7, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Attorney, or his designee, to file a lawsuit against APAC-Texas, Inc./Oldcastle Materials Texas, Inc. necessary to compensate the City for failed or failing roadways resulting from defective asphalt road materials provided for City street resurfacing projects. BACKGROUND In an Executive Session held on August 22, 2017, the Council discussed the need to file a lawsuit seeking damages for the failure of several streets where defective asphalt material was provided by APAC-Texas, Inc. of Beaumont and applied in various asphalt street rehabilitation projects. APAC-Texas, Inc. is now Oldcastle Materials Texas, Inc. The City Attorney suggests that it is necessary and recommends the filing of a suit to advance the pending damage claims to City property that have not been resolved. RECOMMENDATION Administration recommends the approval of a resolution authorizing the City Attorney, or his designee, to file a lawsuit. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney, or his designee, is hereby authorized to file a lawsuit against APAC Texas, Inc./Oldcastle Materials Texas, Inc. necessary to compensate the City for failed or failing roadways resulting from defective asphalt road materials provided and applied to various City street resurfacing projects. 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 7th day of November, 2017. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 7, 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 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance granting a franchise for solid waste collection and transportation services to Acadiana Waste Services -TX, LLC ' 2. Consider a resolution approving the purchase of fifty vehicles from Silsbee Ford for use by various City departments 3. Consider a resolution authorizing the City Manager to award a bid to LD Construction of Beaumont for the Calder Avenue Asphalt Resurfacing Project Limits: Arlington Avenue to Phelan Boulevard 4. Consider a resolution authorizing the City Manager to award a bid to ALLCO, LLC, of Beaumont for the Bigner Road Asphalt Resurfacing Project Limits: Roland Road to East Lucas Drive WORK SESSION * Review and discuss the filing of liens related to the demolition of commercial properties 5. Consider a resolution accepting payment for a demolition lien dated July 2, 2008 and waiving interest i PUBLIC HEARING * Receive comments related to the City's Juvenile Curfew Ordinance 6. Consider readopting the Juvenile Curfew Ordinance PUBLIC HEARING Dangerous Structures 7. Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters 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. PUBLIC HEARING: November 7, 2017 Unsafe Substandard Structures Consider approval of an ordinance declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program. 1. 260 E Alma 2. 310 E Alma & aux bldgs 3. 1147 Avenue B & shed 4. 2275 Avenue D (rear aux bldg only) 5. 850 Boyd & shed 6. 970 Boyd & aux bldgs 7. 975 Boyd & aux bldgs 8. 4595 Buffalo (garage only) 9. 1418 Burt 10. 1250 Cedar (commercial) 11. 840/850 College (commercial) 12. 3065 Cordova 13. 225 E Delaware 14. 2440 Delaware & aux bldgs 15. 735 Delmar (commercial) 16. 510 Devon 17. 3530 Elinor 18. 4075 EI Paso 19. 1410 Emile & shed 20. 2945 S 5th 21. 2415 Forrest (garage only) 22. 4375 Fonville 23. 1310 Fulton & garage 24. 1320 Fulton & shed 25. 4439 Galveston 26. 3340 Glenwood & shed 27. 1608 Glasshouse 28. 2266 Jacobs 29. 3730 Kings Row & aux buildings 30. 1575 Linson 32. 1275 McFaddin 33. 2225 Nora (rear shed only) 34. 4340 Ogden 35. 2460-62 Park (duplex) 36. 1780 Parry (garage only) 37. 3149 Pine 38. 650 Pipkin (main structure) 39. 950 Pipkin 40. 1155 Pope 41. 6620 Rebecca Ln 42. 1445 Rikisha 43. 2645 Rockwell 44. 3870 St Helena 45. 8110 San Diego 46. 755 Schwarner 47. 405 E Threadneedle 48. 2008 Tulane & garage 49. 5220 Wildwood & shed 50. 2560 Wilson & garage 1 November 7, 2017 Consider an ordinance granting a franchise for solid waste collection and transportation services to Acadiana Waste Services -TX, LLC BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 7, 2017 REQUESTED ACTION: Council consider granting a new solid waste transportation service agreement 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. Seven (7) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Acadiana Waste Services -TX, LLC has requested that the City Council grant the company such franchise agreement. Acadiana Waste Services currently serves central and south Louisiana with its corporate office located in Lafayette, Louisiana. They are interested in expanding operations into the Beaumont area. The requested franchise is generally the same as those previously approved by City Council. It 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 City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) 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. This is the second reading. 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 ACADIANA WASTE SERVICES -TX, LLC. WHEREAS, Acadiana Waste Services -TX, 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Acadiana Waste Services -TX, 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. Crn,nfinn 7 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. Rates 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. ranchise 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, whether 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 th� 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. Providinq 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. Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Acadiana Waste Services -TX, LLC P.O. Box 53426 Lafayette, LA 70505 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 effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. 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 31 st day of October, 2017. - Mayor Beck Ames - Y Y 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 7th day of November, 2017. - 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 day of )2017. - Mayor Becky Ames — ACCEPTANCE: Acadiana Waste Services -TX, LLC 2 November 7, 2017 Consider a resolution approving the purchase of fifty vehicles from Silsbee Ford for use by various City departments BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 7, 2017 REQUESTED ACTION: Council consider a resolution approving the purchase of fifty (50) vehicles from Silsbee Ford, in the amount of $2,056,869.97 for use by various City departments. IC• 'Z'e AI Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 1997 to 2013. The vehicles will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas procurement statutes. Warranties of 36,000 miles or three (3) years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. FUNDING SOURCE Capital Reserve Fund ($1,806,700.18), Water Utilities Fund ($250,169.79). RECOMMENDATION Approval of resolution. Purchase of Fleet Vehicles November 7,2017 Page 2 ITEM DEPT. OR DIVISION DESCRIPTION QTY. TOTAL PRICE 1 Police Administration Ford E-450 w/Box 1 $74,487.68 2 Police Field Ops (2) Police Administration (4) Ford Explorer PPV Interceptor Utility 6 $176,435.70 3 Police Field Ops Ford Explorer PPV Interceptor Utility 11 $323,765.45 4 Police CID (1) Fire Logistics (6) EMS (3) Ford Explorer PPV 10 $287,010.50 5 Animal Control Ford F-250 Cab & Chassis 1 $25,913.45 6 Fire Department Planning Ford F-150 Crew Cab 1 $28,645.25 7 Fleet Ford F-550 Maintenance Truck 1 $113,062.63 8 Facilities Maintenance Ford F-250 Extended Cab Truck 1 $38,917.50 9 Facilities Maintenance Ford F-550 W/45' Bucket Attachment 1 $126,229.18 10 Streets & Drainage Ford F-450 w/2 yd. Dump bed 2 $118,828.86 11 Parks (2) Sewer Maintenance (1) Ford F-250 W/utility body 3 $98,344.95 12 Parks Ford F-250 Crew Cab 1 $29,886.00 13 Sewer Maintenance Ford F-450 w/Utility Body 2 $106,311.96 14 Sewer Maintenance Ford F-550 w/sewer cleaner body 1 $111,076.18 15 EMS Ford F-450 Cab & Chassis for Ambulance 2 $89,953.30 16 Police Field Ops Chevrolet Tahoe 2 $68,730.26 17 Police Field Ops Chevrolet Tahoe 1 $31,833.55 18 Fire Department Chevrolet Tahoe 2 $69,698.26 19 Traffic Management Ford F-750 w/80' Bucket Attachment 1 $137,439.31 BUYBOARD FEE $300.00 TOTAL 50 $2,056,869.97 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of fifty (50) vehicles for use by various City departments from Silsbee Ford, of Silsbee, Texas, in the amount of $2,056,869.97 through the GoodBuy Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of November, 2017. -Mayor Becky Ames - 3 November 7, 2017 Consider a resolution authorizing the City Manager to award a bid to LD Construction of Beaumont for the Calder Avenue Asphalt Resurfacing Project Limits: Arlington Avenue to Phelan Boulevard BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: November 7, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to LD Construction of Beaumont for the Calder Avenue Asphalt Resurfacing Project (REBID) Limits: Arlington Avenue to Phelan Boulevard. BACKGROUND This section of Calder Avenue is a heavily traveled, two (2) lane roadway, that has experienced numerous failures and after continual repair efforts now requires resurfacing to extend the life of the roadway. On October 26, 2017, bids were solicited for famishing all labor, materials, equipment, and supplies for the project. Three (3) bids were received as indicated in the table below: Contractor Location Base Bid Amount Oldcastle Materials Texas, Inc., dba Gulf Coast an Oldcastle Company Beaumont, TX $658,861.00 LD Construction Beaumont, TX $692,853.00 Hayden Paving, Inc. Houston, TX $788,180.00 ALLCO LLC Beaumont, TX $805,481.00 Section 0100 Instructions to Bidders in the advertised contract document states: 1. COMPETENCY OF BIDDERS — 1.1 In selecting the lowest, responsive, responsible Bidder, consideration will be given to: 1.1.1 the financial standing and ability of the Bidder to satisfactorily complete the job being bid; 1.1.2 the competence, judgment, skill, ability and capacity of the Bidder to perform the work in accordance with the terms and conditions of the specification; 1.1.3. the past experience of the municipality with the Bidder and the experience of the Bidder with other governmental entities. The Public Works Engineering staff recommends rejection of the lowest bid based on past experience with the lowest bidder, and proposes this project be awarded to the second lowest bidder, LD Construction in the amount of $692,853.00. A total of 120 calendar days are allocated for completion of the project. Page 2 November 7, 2017 Calder Avenue Asphalt Resurfacing Project FUNDING SOURCE Capital Program — Street Rehabilitation Program. RECOMMENDATION Approval of resolution. SECTION 0210 BID TAB PW I0IM2 (REBID) e cou e � T occno a rriur LIMITS: FROM ARLINGTON DRIVE TO PHELAN BOULEVARD Cit' of Beaumont, Texas Oldeas0e Materials Tesas, Inc, dba Golf Coast an Oldcas0e Company LD Construction HAYDEN PAVING, INC. ALLCO LLC Item No. Item Description Code Estimated Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total 204 6003 SPRINKLING (DUST CONTROL) 70 MG S 19.75 S 1,38250 $ 10.00 $ 700.00 S 100.00 S 7,000.00 S 66.50 S 4,655.00 340 6194 D -GR HMA(SQ)TY-F PG70-22(1.25' Wearing Surface) 26,000 SY S 5.70 S 148,200.00 $ 450 S 117,000.00 S 8.27 S 215,020.00 $ 6.25 S 162.500.00 340 6194 D -GR HMA(SQ)TY-F PG70-22(1.50' Wearing Surface) 2.810 SY S 7.70 S 21,637.00 S 7.00 S 19,670.00 $ - $ - S 9.00 $ 25,290.00 340 6047 D -GR HMA(SQ) TY -C PG70-22 (2' Lcrcl-Up) 2,900 TON S 72.00 S 208,800.00 S 80.00 S 232.000.00 S 106.13 S 307,777.00 S 92.00 $ 266.800.00 351 6010 FLEXIBLE PAVEMENT STRUCTURE REPAIR (12') 1,100 SY S 93.00 S 102.300.00 $ 80.00 $ 88,000.00 S 38.23 S 42,053.00 S 77.00 S 34,700.00 354 6170 PLANE ASPH CONC PAV (3-) 26.000 SY S 2.65 S 68,900.00 $ 3.00 S 78,(100.00 S 3.30 S 85,800.00 S 3.85 S 100.100.00 500 1 6001 IMOBILIZATION I IS $ 32,950.00 S 32.950.00 S 50.000.00 S 50.(100.00 S 30,000.00 S 30,000.00 S 38,000.00 $ 38.000.00 502 6001 BARRICADES SIGNS AND TRAFFIC HANDLING 4 MON S 1,500.00 S 6.000.00 $ 8,000.00 S 32000.00 $ - S - S 8.900.00 $ 35.600.00 530 6011 INTERSECTIONS, DRIVEWAYS AND TURNOUTS 600 TON S 92.00 $ 55,200.00 S 100.00 S 60.000.00 S 122.00 S 73,200.00 $ 122.00 S 73.200.00 666 6041 REFL PAV MRK TY I (W) 12'(SLD)(I00MI,) 500 LF S 3.00 S 1,500.00 $ 4.00 S 2,11(10.00 S 3.60 S 1,800.00 S 3.25 S 1.625.00 666 6126 REFL PAV MRK TY I (Y) 4'(SLD) (100MI.) 16,900 LF S 0.38 S 6,422.00 S 0.40 S 6,760.00 S 0.50 S 8,450.00 S 0.42 S 7,098.00 666 6900 REFL PAV MRK TY I (Y) 8 -(SLD) (100MI.) 735 LF S 1.70 S 124950 $ 1.80 S 1.323.00 $ 2.00 S 1,470.00 $ 1.80 S 1,323.00 666 6901 REFL PAV MRK TY I(W) 8'(SLD)(IOOMIL) 1,600 LF $ 1.70 S 1720.00 S 2.00 S 3.200.00 S 2.00 S 3,200.00 S 1.80 $ 1880.00 668 1 6077 IPREFAB PAV MRK TY C(W)(ARROW) 5 EA $ 145.00 S 725.00 S 200.00 $ 1,000.00 $ 175.00 $ 875.00 S 155.00 S 775.00 668 1 6078 PREFAB PAV MRK TY C (W) (DBL ARROW) 1 EA S 260.00 S 260.00 S 300.00 S 300.00 S 300.00 $ 300.00 S 275.00 $ 275.00 668 1 6085 JPREFAB PAV MRK TY C (W) (WORD) 3 EA S 205.00 S 615.00 S 300.00 S 900.00 $ 745.00 S 735.00 S 220.00 S 660.00 BID TOTAL S 658,861.00 S 692 53.00 S 788,190600 S 805 1.00 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to LD Construction, of Beaumont, Texas, in the amount of $692,853.00 for the Calder Avenue Asphalt Resurfacing (Arlington Avenue to Phelan Boulevard) Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with LD Construction, of Beaumont, 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 7th day of November, 2017. - Mayor Becky Ames - November 7, 2017 Consider a resolution authorizing the City Manager to award a bid to ALLCO, LLC, of Beaumont for the Bigner Road Asphalt Resurfacing Project Limits: Roland Road to East Lucas Drive BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: November 7, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to ALLCO, LLC, of Beaumont for the Bigner Road Asphalt Resurfacing Project (REBID) Limits: Roland Road to East Lucas Drive. BACKGROUND This section of Bigner Road is a heavily traveled, two (2) lane roadway, that has experienced numerous failures and after continual repair efforts now requires resurfacing to extend the life of the roadway. On October 26, 2017, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Three (3) bids were received as indicated in the table below: Contractor Location Base Bid Amount Oldcastle Materials Texas, Inc., dba Gulf Coast an Oldcastle Company Beaumont, TX $452,746.70 ALLCO, LLC Beaumont, TX $533,713.00 LD Construction Beaumont, TX $546,373.50 Section 0100 Instructions to Bidders in the advertised contract document states: 1. COMPETENCY OF BIDDERS — 1.1 In selecting the lowest, responsive, responsible Bidder, consideration will be given to: 1.1.1 the financial standing and ability of the Bidder to satisfactorily complete the job being bid,- 1.1.2 id;1.1.2 the competence, judgment, skill, ability and capacity of the Bidder to perform the work in accordance with the terms and conditions of the specification; 1.1.3. the past experience of the municipality with the Bidder and the experience of the Bidder with other governmental entities. The Public Works Engineering staff recommends rejection of the lowest bid based on past experience with the lowest bidder, and proposes this project be awarded to the second lowest bidder, ALLCO, LLC in the amount of $533,713.00. A total of 120 calendar days are allocated for completion of the project. Page 2 November 7, 2017 Bigner Road Asphalt Resurfacing Project FUNDING SOURCE Capital Program — Street Rehabilitation Program. RECOMMENDATION Approval of resolution. For: Bigner Road Ashphalt Resurfacing Project (REBID) Limits: From Roland Road to East Lucas City of Beaumont SECTION 0210 BID TAB PW 10111-01(REBID) Oldcastle Materials Texas, Inc., dba Gulf Coast an Oldcastle Company ALLCO, LLC LD Construction Unit Price Total Unit Price Total Unit Price Total $ 10.50 S 186,343.50 $ 11.25 S 199,653.75 $ 12.00 S 212 964.00 $ 79.00 S 111,706.00 $ 97.00 S 137158.00 $ 80.00 $ 113,120.00 S 4.80 $ 78355.20 $ 6.35 S 103,657.40 S 5.80 S 94,679.20 $ 105.00 $ 36,225.00 $ 125.00 S 43,125.00 $ 100.00 S 34,500.00 $ 30100.00 S 30,100.00 $ 27,200.00 S 27200.00 $ 40,000.00 S 40,000.00 S 1,000.00 S 4,000.00 S 4,700.00 S 18 800.00 S 11,125.00 S 44,500.00 S 3.00 $ 165.00 $ 2.30 S 126.50 $ 3.30 $ 181.50 $ 1.25 $ 68.75 $ 1.60 $ 88.00 S 138 S 75.90 $ 8.00 S 192.00 $ 5.40 S 129.60 S 8.80 S 211.20 S 2.00 S 48.00 $ 2.40 $ 57.60 $ 2.20 S 52.80 $ 1.50 $ 1134.00 $ 0.60 $ 453.60 $ 1.65 $ 1,247.40 $ 0.55 S 415.80 $ 0.65 $ 491.40 S 0.61 $ 461.16 $ 1.50 $ 2,263.50 $ 0.70 $ 1056.30 $ 1.65 $ 2,489.85 $ 0.55 $ 829.95 S 0.65 $ 980.85 1 $ 0.61 S 920.49 S 350.00 S 350.00 $ 210.00 S 210.00 S 385.00 $ 385.00 $ 200.00 $ 200.00 S 160.00 $ 160.00 S 200.00 $ 200.00 S 350.00 $ 350.00 $ 365.00 $ 365.00 S 385.00 $ 385.00 TOTAL $ 452,746.70 TOTAL $ 533,713.00 TOTAL $ 546,37350 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to ALLCO, LLC, of Beaumont, Texas, in the amount of $533,713.00 for the Bigner Road Asphalt Resurfacing (Roland Road to East Lucas Drive) Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with ALLCO, LLC, of Beaumont, 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 7th day of November, 2017. - Mayor Becky Ames - WORK SESSION Review and discuss the filing of liens related to the demolition of commercial properties 61 November 7, 2017 Consider a resolution accepting payment for a demolition lien dated July 2, 2008 and waiving interest BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: November 7, 2017 REQUESTED ACTION: Council consider a resolution accepting payment in the amount of $40,000 for a demolition lien dated July 2, 2008 and waiving interest in the amount of $49,537.47. BACKGROUND On July 2, 2008, a demolition lien was attached to property legally described as Jersey Farm L8, L9, L10, 58' of L7, 138 (1685 Park Street). The principal amount due is $53,013 and total interest accrued since the filing of said lien is $49,537.47. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. YVONNE F. COMO �rogxe �z� WavMOAT TEW 77205 (469) W-2405 October 29, 2017 Mr. Kyle Hayes, City Manager Post Office Box 3821 Beaumont, Texas 77704 By FQcslmle 7idnsmisslon to (409) 880-3112 RB: 1685 Park Street ,demolition Lien # 2008023677 Dear Mr. Hayes: This is written to express my acceptance of your offer to compromise and settle the above referenced demolition lien filed under Instrument Number 2008423677 of the Jefferson County Real Property records for $40,000. I managed to obtain the additional $7,000 which l did not have originally and'l can remit the money immediately. Please provide Instructions as to where I go from here. I also want to confirm that following the submission of the $40,000 the City will execute a full and final release to me and the time line for doing so. I work from 7:00 am to 3:00 pm on Monday through Friday. During those hours, I can be reached at (409) 935-4971, Ext. 1926. My e-mail address is ycomo@sbcglobal.net. Fon,S'ely, e F. Como I Fw: 1685 Park Street TODD SIMONEAUX to: KYLE HAYES Todd A. Simoneaux, CPA Chief Financial Officer City of Beaumont 409-880-3116 (office) 409-880-3132 (fax) PLEASE NOTE MY NEW EMAIL ADDRESS: tsimoneaux@beaumonttexas.gov 05/20/2017 12:07 PM The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. ---- Forwarded by TODD SIMONEAUX/CITYBMT on 05/20/2017 12:07 PM From: NADA ROGERS/CtTYBMT To: TODD SIMONEAUX/CITYBMT@CITYBMT Cc: Christine Orchid/CITYBMT@CITYBMT, Diane Landry/CITYBMT@CITYBMT Date: 05/16/201712:25 PM Subject: 1685 Park Street . Yvonne F Como 1685 Park Street Assessment Date of lein 07/02/2008 52,997.00 Payoff date 07/15/2017 # of days 3,253 Interest per day 14.72 Fee Interest Total My search in Franklin missed the interest charge in the Unsafe Substandard Structure ordinance. We can char e -1Q%. er my email yesterday, Christine showed me the portion of the ordinance where it directs <:10% interest. My apologies for the mistake. Nada Rogers, Central Collections Supervisor City of Beaumont - Central Collections P. O. Box 3827 Beaumont, TX 77704 (409)880-3128 (409)880-3113 FAX nrogers@BeaumontTexas.gov "P/ease note my new email address and change your records accordingly' 'The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any RESOLUTION NO. WHEREAS, a demolition lien, dated July 2, 2008, in the amount of $102,550.47 represented by $53,013.00 in principal and $49,537.47 in interest, exist against property described as 1685 Park Street, Jersey Farm L8, L9, L10, 58' of L7, 138; and, WHEREAS, Yvonne Como is offering to compromise and settle the amount of the pay off of the lien for the amount of $40,000.00 for property described as 1685 Park Street, Jersey Farm L8, L9, L10, 58' of L7, 138; and, WHEREAS, the City recommends approving payment in the amount of $40,000.00 for the pay off of a demolition lien on property described as 1685 Park Street, Jersey Farm L8, L9, L10, 58' of L7, B8, waiving principal in the amount of $13,013.00, and waiving interest in the amount of $49,537.47; 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 lien payoff for 1685 Park Street, Jersey Farm L8, L9, L10, 58' of L7, B8 be and it is hereby approved in the amount of $40,000.00, principal be and it is hereby waived in the amount of $13.013.00, and interest be and it is hereby waived in the amount of $49,537.47; and; BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the demolition lien in the amount of $102,550.47 for the above described property in return for the payment of $40,000.00 principal. 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 7th day of November, 2017. - Mayor Becky Ames PUBLIC HEARING Receive comments related to the City's Juvenile Curfew Ordinance November 7, 2017 Consider readopting the Juvenile Curfew Ordinance BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: November 7, 2017 REQUESTED ACTION: Receive a report relating to the City's Juvenile Curfew Ordinance. Conduct public hearing to receive comments relating to the readoption of the Juvenile Curfew Ordinance. Lastly, Council consider readopting the Juvenile Curfew Ordinance. BACKGROUND Texas Local Government Code 370.002 requires, that a home -rule municipality which has adopted a juvenile curfew ordinance periodically review the ordinance and its effect on the community and identify any problems with the ordinance or problems the ordinance was intended to remedy. The statute also provides for abolishing, continuing, or modifying the ordinance. In July 1994 following public review, the City Council adopted Ordinance No. 94-34 which created a new Chapter 9 establishing a curfew for minors. In 1995 Ordinance 95-37 was adopted which modified the curfew hours for minors .The Ordinance has been reviewed and adopted as required, with the latest being in 2014, Ordinance 14-063. The Curfew Ordinance has been extensively reviewed by the Police Department and determined to be effective in regard to promoting the (safety and wellbeing of the city's youngest citizens. Renewal of this ordinance serves to promote the general welfare and protection of the public through the reduction of juvenile violence and crime within the city. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. City Of Beaumont Juvenile Curfew Ordinance Statistical Information Comparison 2014- 2017 Time Period Police Action 11/1/2011 01/01/2014 10/22/2014 01/01/2017 10/22/2014 10/22/2014 10/23/2017 10/23/2017 Curfew violations 145 54 142 36 Juv. Custody 788 171 706 247 Warning Notices All Offences All crimes 14,114 3,676 13,436 4,108 between Midnight- 6 a.m. ORDINANCE NO. ENTITLED AN ORDINANCE REVIEWING AND READOPTING ARTICLE 12.03 OF THE CODE OF ORDINANCES ESTABLISHING A CURFEW FOR MINORS; ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A PENALTY CLAUSE; CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Texas Local Government Code Section 370.002 requires the City Council to conduct a public hearing on the need to continue a Juvenile Curfew Ordinance; and, WHEREAS, the City Council has reviewed the ordinance's effects on the community and on the problems the ordinance was intended to remedy; and, WHEREAS, the City Council is of the opinion that sufficient need exists to continue the Juvenile Curfew Ordinance within the City of Beaumont, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT Chapter 12, Article 12.03 of the Code of Ordinances of the City of Beaumont is hereby readopted to read as follows: ARTICLE 12.03 CURFEW FOR MINORS Sec. 12.03.001 Purpose. The purpose of this ordinance is to: (1) Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (2) Promote the safety and well-being of the city's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and, (3) Foster and strengthen parental responsibility for children. Sec. 12.003.002 Definitions. Curfew hours for minors: Sunday 11:00 p.m. to 6:00 a.m. Monday 11:00 p.m. to 6:00 a.m. Tuesday 11:00 p.m. to 6:00 a.m. Wednesday 11:00 p.m. to 6:00 a.m. Thursday 11:00 p.m. to 6:00 a.m. Friday 12:00 a.m. to 6:00 a.m. Saturday 12:00 a.m. to 6:00 a.m. Emergency. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Establishment: Any privately -owned or leased place of business or leased public facility operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Guardian: A person who: (1) Under court order, is the guardian of the person of a minor; or (2) Is a public or private agency with whom a minor has been placed by a court. Minor. Any person under seventeen (17) years of age who has not been emancipated by court order pursuant to Chapter 31 of the Texas Family Code. Operator. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Parent: A person who is: (1) A person who is a minor's biological, adoptive, or step-parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement); (2) A person who is the biological or adoptive parent with whom a minor regularly resides; (3) A person judicially appointed as a legal guardian of the minor; and/or, (4) A person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in part(s)(a), (b) or of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances). Public place: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. M (1) Linger or stay at or upon a place (premises); or (2) Fail to leave the place/premises when requested to do so by a police officer or the owner, operator, or other person in control of the place/premises. Serious bodily injury: Bodily injury that creates a substantial risk of death or that causes death,, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Sec. 12.03.003 Offenses. (a) It shall be unlawful for any minor to knowingly remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an offense if he or she knowingly permits, encourages, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of any private establishment or the lessee of any public facility commits an offense if he or she knowingly permits, allows, or encourages a minor to remain in or upon the premises of the establishment during curfew hours for minors. (d) It shall be unlawful for any person (including any minor) to give a false name, address, date of birth, or telephone number to any officer investigating a possible violation of this section. Sec. 12.03.004 Defenses. (a) It is a defense to prosecution under offenses that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; (4) In a motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (6) Involved in a case of "reasonable necessity" after parental notification of the police, (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the City of Beaumont, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same, without any detour or stop; (10) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; or, (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (b) It is a defense to prosecution under section 12.03.003© that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Sec. 12.03.005 School age to be in school. (a) Compulsory school age to be in attendance at school; parental duties imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day, unless the minor has written proof from school authorities excusing him or her from attending school at that particular time, or unless the minor is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the minor. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from behaving contrary to subsection (a)(1) of this section. No person shall fail to fulfill the duty imposed by the section. (3) Any person who violates subsection (a)(2) of this section is guilty of failing to supervise a minor of compulsory school age. (b) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16), inclusive, is suspended or expelled from school, then each parent or legal guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any establishment or public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances found in section 12.03.004 hereof. (c) No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection (b) of this section. (d) No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any establishment or public place at the times that he or she would have been required to be in attendance at school or employment had he or she not been suspended or expelled, except in the circumstances described in section 12.03.004 hereof. Sec. 12.03.006 Penalties. (a) It shall be unlawful to intentionally, knowingly, recklessly, or with criminal negligence violate this section. Such violation shall be a Class C misdemeanor punishable by a fine not to exceed five hundred dollars ($500). (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. (c) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates section 12.03.003(a) and shall refer the minor to juvenile court. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Can+inn R That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 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 this the 7th day of November, 2017. - Mayor Becky Ames PUBLIC HEARING Dangerous Structures November 7, 2017 Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager C1 13 PREPARED BY: Chris Boone, Planning and Community Development Director MEETING DATE: November 7, 2017 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following fifty (50) structures to be unsafe structures and order the owners to raze the said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 260 E Alma 2. 310 E Alma & aux bldgs 3. 1147 Avenue B & shed 4. 2275 Avenue D (rear aux bldg only) 5. 850 Boyd & shed 6. 970 Boyd & aux bldgs 7. 975 Boyd & aux bldgs 8. 4595 Buffalo (garage only) 9. 1418 Burt 10. 1250 Cedar (commercial) 11. 840/850 College (commercial) 12. 3065 Cordova 13. 225 E Delaware 14. 2440 Delaware & aux bldgs 15. 735 Delmar (commercial) 16. 510 Devon 17. 3530 Elinor 18. 4075 EI Paso 19. 1410 Emile & shed 20. 2945S5 Ih 21. 2415 Forrest (garage only) 22. 4375 Fonville 23. 1310 Fulton & garage 24. 1320 Fulton & shed 25. 4439 Galveston 26. 3340 Glenwood & shed 27. 1608 Glasshouse 28. 2266 Jacobs 29. 3730 Kings Row & aux bldgs 30. 1575 Linson 31. 1250 Live Oak (gaFage ., -,.+.,,ent) 32. 1275 McFaddin 33. 2225 Nora (rear shed only) 34. 4340 Ogden 35. 2460-62 Park (duplex) 36. 1780 Parry (garage only) 37. 3149 Pine 38. 650 Pipkin (main structure) 39. 950 Pipkin 40. 1155 Pope 41. 6620 Rebecca Ln 42. 1445 Rikisha 43. 2645 Rockwell 44. 3870 St Helena 45. 8110 San Diego 46. 755 Schwarner 47. 405 E Threadneedle 48. 2008 Tulane & garage 49. 5220 Wildwood & shed 50. 2560 Wilson & garage • "191111-1 I These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. FUNDING SOURCE City may incur the cost of demolition. Sources may include the General Fund and Community Development Block Grant (CDBG) funding. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY . AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 260 E Alma 2. 310 E Alma & aux bldgs 3. 1147 Avenue B & shed 4. 2275 Avenue D (rear aux bldg only) 5. 850 Boyd & shed 6. 970 Boyd & aux bldgs 7. 975 Boyd & aux bldgs 8. 4595 Buffalo (garage only) 9. 1418 Burt 10. 1250 Cedar (commercial) 11. 840/850 College (commercial) 12. 3065 Cordova 13. 225 E Delaware 14. 2440 Delaware & aux bldgs 15. 735 Delmar (commercial) 16. 510 Devon 17. 3530 Elinor 18. 4075 EI Paso 19. 1410 Emile & shed 20. 2945 S Stn 21. 2415 Forrest (garage only) 22. 4375 Fonville 23. 1310 Fulton & garage 24. 1320 Fulton & shed 25. 4439 Galveston 26. 3340 Glenwood & shed 27. 1608 Glasshouse 28. 2266 Jacobs 29. 3730 Kings Row & aux bldgs 30. 1575 Linson 31 , 250 Live Oak (gaF ge . -,.+.,, eRt) 32. 1275 McFaddin 33. 2225 Nora (rear shed only) 34. 4340 Ogden 35. 2460-62 Park (duplex) 36. 1780 Parry (garage only) 37. 3149 Pine 38. 650 Pipkin (main structure) 39. 950 Pipkin 40. 1155 Pope 41. 6620 Rebecca Ln 42. 1445 Rikisha 43. 2645 Rockwell 44. 3870 St Helena 45. 8110 San Diego 46. 755 Schwarner 47. 405 E Threadneedle 48. 2008 Tulane & garage 49. 5220 Wildwood & shed 50. 2560 Wilson & garage to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Carfinn In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the above described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 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 this the 7th day of November, 2017. - Mayor Becky Ames