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HomeMy WebLinkAboutPACKET MAY 01 2018BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 1, 2018 1:30 PM CONSENT AGENDA Approval of minutes — April 24, 2018 * Confirmation of board and commission member appointments A) Approve the purchase of server equipment from Superion for use by Police, Fire and EMS B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Willow Creek Country Club Estates, Section X -D C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements for the Fourth Street Extension heading south for 503 linear feet D) Authorize the settlement of the claim of St. Giles Group Home E) Authorize the settlement of the claim of Ebony Jenkins F) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment for the construction of the Concrete Slabs for City of Beaumont Bus Shelters at Various Locations Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: May 1, 2018 REQUESTED ACTION: Council consider a resolution approving the purchase of server equipment from Superion for use by Police, Fire, and EMS. BACKGROUND The servers will be purchased from Superion in the amount of $99,142. Superion software is used by Police, Fire, and EMS for dispatching of emergency personnel, records management for Police, miscellaneous reporting, case management, and numerous other essential functions for Public Safety. The servers being replaced run the software that provides support for mobile computers, electronic field reporting, and all records management. The servers are being replaced because they are end -of -life and no longer supported by the vendor. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of server equipment for use by the Police, Fire and Emergency Medical Services (EMS) Division from Superion, a sole source provider, in the amount of $99,142.00 to run the software that provides support for mobile computers, electronic field reporting, and all records management. 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 1st day of May, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: May 1, 2018 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Willow Creek Country Club Estates, Section X -D. BACKGROUND On April 6, 2018, a final inspection was completed for the following: • Willow Bend Drive extension heading north for 226 linear feet. • 373 linear feet of Birkdale Drive heading west from Willow Bend Drive to Grey Hawk extension at Cul -de -Sac. • 265 linear feet of Grey Hawk extension heading north to Birkdale Drive at Cul -de - Sac. Recommended for approval are the storm sewer, water and sanitary sewer improvements for Willow Creek Country Club Estates, Section X -D right -of- way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. LOCATION PLAN NTS RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Willow Creek Country Club Estates, Section X -D have been completed as follows: and, Street • Willow Bend Drive extension heading north for 226 linear feet • Complete 373 linear feet of Birkdale Drive heading west from Willow Bend Drive to Grey Hawk extension at cul-de-sac • Complete 265 linear feet of Grey Hawk extension heading north to Birkdale Drive at cul-de-sac Street Maintenance Storm Sewer Water and Sanitary Sewer Improvements • Willow Creek Country Club Estates, Section X -D, right-of-way only; WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above -referenced street, storm sewer, water and sanitary sewer improvements in Willow Creek Country Club Estates, Section X -D, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. 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 1st day of May, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: May 1, 2018 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements for the Fourth Street Extension heading south for 503 linear feet. BACKGROUND On April 3, 2018, a final inspection was completed for the following: • Fourth Street extension heading south for 503 linear feet. Recommended for approval are the storm sewer, water and sanitary sewer improvements for Fourth Street Extension right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. C PRC LOC E VICINITY MAP NTS RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Fourth Street Extension have been completed as follows: and, Street • Fourth Street extension heading south for 503 linear feet Street Maintenance, Storm Sewer, Water and Sanitary Sewer Improvements Fourth Street Extension, right-of-way only; WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 above -referenced street, storm sewer, water and sanitary sewer improvements in Fourth Street Extension, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of- way and easements required on the preliminary and final plats and installation of the streetlights. 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 1st day of May, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 1, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of St. Giles Group Home. BACKGROUND This matter was presented and discussed in Executive Session held on April 24, 2018. The City Attorney is requesting authority to settle this claim in the amount of $32,098.69. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of St. Giles Group Home was discussed in Executive Session properly called and held Tuesday, April 24, 2018; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of St. Giles Group Home for the sum of Thirty Two Thousand Ninety -Eight and 69/100 Dollars ($32,098.69); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 1st day of May, 2018. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 1, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Ebony Jenkins. BACKGROUND This matter was presented and discussed in Executive Session held on April 24, 2018. The City Attorney is requesting authority to settle this claim in the amount of $17,088.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Ebony Jenkins was discussed in Executive Session properly called and held Tuesday, April 24, 2018; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Ebony Jenkins for the sum of Seventeen Thousand Eighty -Eight and 00/100 Dollars ($17,088.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 1st day of May, 2018. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, Public Works Director MEETING DATE: May 1, 2018 / REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment for the construction of the Concrete Slabs for City of Beaumont Bus Shelters at Various Locations Project. BACKGROUND On November 21, 2017, by Resolution No. 17-251, City Council awarded a contract to Racehorse Foundation Co., Inc. of Lumberton, Texas for the construction of nine (9) concrete slabs for bus shelters at various City locations project in the amount of $71,675.00. Change Order No. 1 is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The adjustment in quantities results in an overall increase of $4,452.50 (6.21%) and a final contract amount of $76,127.50. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance, approval of Change Order No. 1, and fmal payment in the amount of $34,601.10 is recommended. FUNDING SOURCE TxDOT Funded (100%). RECOMMENDATION Approval of the resolution. RESOLUTION NO. 17-251 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Racehorse Foundation Co., Inc. of Lumberton, Texas, in the amount of $71,675.00 for the construction of nine (9) concrete slabs for bus shelters at various City locations; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with Racehorse Foundation Co., Inc. of Lumberton, 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 21st day of November, 2017. aIniamozMaybr Becky I CITY OF BEAUMONT DATE: April3, 2018 PROJECT: CONCRETE SLABS FOR CITY OF BEAUMONT BUS SHELTERS AT VARIOUS LOCATIONS PROJECT OWNER: CITY OF BEAUMONT CONTRACTOR: RACEHORSE FOUNDATION CO., INC CHANGE ORDER NO. I (FINAL) I�k��L�1 NP4; 6Si���IA� ,�s,'4�1KRUuR4;4 F%I�R�CPEOiFY�A3SONS�"�c:����lY���JJN�i13if1[H��a Y.N. lui.Aulw.MJf..eN,.,4Nn..� 4♦ Adjust the estimated quantities to reflect the actual quantities used in the field. Item No. Item Code Description Unit Original Quantity New Quantity Unit Price Total 104 6036 REMOVING CONCRETE (SIDEWALK) SY 44 83.40 S 150.00 S 5,910.00 422 6001 RENF CONC SLAB SF 1600 1478.50 $ 25.00 $ (3,037.50) 531 60M CONCRETE SIDEWALK (51) SY 37 46.50 $ 135.00 $ 1,282.50 531 6024 CURB RAMP (TY 7) EA 2 2.17 S 1,750.00 S 297.50 ORIGINAL CONTRACT AMOUNT: $71,675.00 NET FROM PREVIOUS CHANGE ORDERS: $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $4,452.50 PERCENT OF THIS CHANGE ORDER: 6.21% TOTAL PERCENT CHANGE ORDER TO DATE: 6.21% NEW CONTRACT AMOUNT: $76,127.50 ACCEPTED BY: PREPARED BY: TOTAL: S 4,452.50 THOMAS WYNNE, CONTRACTOR BRANDON BEI -AIRF, ROADWAY DESIGNER REVIEW REVIEWED BY: OLD CROCHET, Y DESIGNER II JO H MAJD , PX - UB WORKS D R APPROVED BY: ATTESTED BY: KYLE HAYES, CITY MANAGER TINA BROUSSARD, CITY CLERK RESOLUTION NO. WHEREAS, on November 21, 2017, the City Council of the City of Beaumont, Texas, passed Resolution No. 17-251 awarding a contract in the amount of $71,675.00 to Racehorse Foundation Co., Inc., of Lumberton, Texas, for the Concrete Slabs for City of Beaumont Bus Shelters at Various Locations Project; and, WHEREAS, Change Order No. 1, in the amount of $4,452.50, is necessary to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, thereby increasing the contract amount to $76,127.50; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; 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 $4,452.50 for a total contract amount of $76,127.50 for the Concrete Slabs for City of Beaumont Bus Shelters at Various Locations Project; and, BE IT FURTHER RESOLVED THAT the Concrete Slabs for City of Beaumont Bus Shelters at Various Locations Project be and the same is found to be complete and is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $34,601.10 to Racehorse Foundation Co., Inc., of Lumberton, Texas. 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 1st day of May, 2018. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 1, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets 2. Consider a resolution requesting that the Federal Emergency Management Administration consider data from Hurricane Harvey and accept additional public input prior to the revision and publication of Beaumont's updated Flood Insurance Rate Map 3. Consider a resolution opposing the removal of the US 69 northbound exit ramp to Delaware Street 4. Consider the third reading of the ordinance granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business 111.10toIIW\.41001 Dangerous Structures 5. 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. [KI]ui0101►M.1 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: L & L Construction * Consider matters related to appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: City Magistrate Applicants — Terrence Allison, Donald Lighty, David Grove and Brittanie Holmes Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically 336 Orleans Street_ Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. PUBLIC HEARING: May 1, 2018 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. 1545 Avenue B 2. 5770 Bigner 3. 4770 Carnegie & shed 4. 535 Church & aux bldgs 5. 1305 Church & garage 6. 1315 Church (aux bldgs) 7. 4690 Dallas 8. 240 Delaware E & shed 9. 3705 Detroit & shed 10. 2047 Earl & shed 11. 3635 Euclid W 12. 11135 Forest Glen & aux bldgs 13. 1929 Grand & shed 14. 50 Gulley 15. 2505 Gulf (commercial) ` 16. 2646 Harrison & garage 17. 3935 Irving 18. 1415 Johns 19. 9150 Josey (shed only) 20 345 I ethi , 4. aux bidg-s 21. 1638 Levy 22. 2360 Liberty & garage 23. 1590 Linson 24. 2420 Linson 25. 1163 Live Oak 26. 4085 Lorelock 27. 2398 Magnolia (commercial) 28. 1860 May 29. 2075 Milam (aux bldg only) 30. 590 Nolan (garage only) 31. 4095 Pine 32. 1672 Pope & aux bldgs 33. 1026 Prince 34. 3170 Prairie 35. 3055 Renaud 36. 1380 Roberts (garage apt only) 37. 1212 Royal 38. 2288 Rusk & shed 39. 3805 St Helena & shed 40. 1149 Schwa rner 41. 3213 Shannon 42. 2255 Southerland 43. 3390 Taliaferro & shed 44. 3155 Timberwood & shed 45. 1550 Trinidad 46. 1590 Trinidad & garage 47. 1465 Victoria 48. 1386 Wall 49. 5535 Winfree (shed only) 50. 4205 Winston it May 1, 2018 Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 1, 2018 REQUESTED ACTION: Consider a resolution authorizing a contract for property insurance coverage for various city owned buildings and assets. BACKGROUND Higginbotham, of Port Arthur is the City's broker of record for securing the City's property insurance. The proposed annual premium is based on a total building value of $238,759,793. The cost of the policy for the year is $1,097,485.17, a $95,572.07 increase from last year's premium of $1,001,913.10. The net rate (per $100 valuation) increased by 10.73%, from $0.37 to $0.41. The policy renewal will be in effect from May 1, 2018 to May 1, 2019. Companies providing insurance are layered with exposure limited to the amount of damage incurred. All risk coverage, including Flood and Earth Movement, is provided by AmRisc, LP, Velocity Risk Underwriters, Westchester Surplus Lines Insurance Company, First Specialty Insurance Corporation, Lloyds of London, RSUI Indemnity Insurance Company, Evanston Insurance Company, and Arrowhead Insurance Risk Managers. Boiler and machinery coverage is provided by Liberty Mutual Fire Insurance Company. Terrorism coverage is provided by Lloyd's of London. The deductibles per occurrence for the new policy are as follow: Deductibles $50,000 Per Occurrence as respects All Other Perils, EXCEPT as noted below: Named Storm Wind & Hail: 2% of the Sum of the Stated Values for each building (affected by loss) identified in the Statement of Values subject to a $250,000 minimum per occurrence All Other Wind & Hail: $50,000 Flood: $50,000 per occurrence, Except 2% of the Sum of the Stated Values for each Building (affected by loss) identified in the Statement of Values, subject to $100,000 per occurrence as respects Named Storm Flood Excess of NFIP, whether purchased or not, plus $100,000 per occurrence as respects Flood at Locations prefixed with A & V flood zones. All insurance companies providing coverage in the new policy are A.M. Best rated at A and A+15. A binder to the policy will be issued May 1 for primary coverage. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. 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 contract for fire, extended coverage, flood and quake property insurance in the amount of $1,097,485.17 through Higginbotham, of Port Arthur, Texas, as broker, for all risk coverage, including Flood and Earth Movement provided by AmRisc, LP, Velocity Risk Underwriters, Westchester Surplus Lines Insurance Company, First Specialty Insurance Corporation, Lloyds of London, RSUI Indemnity Insurance Company, Evanston Insurance Company, and Arrowhead Insurance Risk Managers effective May 1, 2018; boiler and machinery coverage provided by Liberty Mutual Fire Insurance Company effective May 1, 2018; and, terrorism coverage provided by Lloyd's of London effective May 1, 2018. 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 1st day of May, 2018. - Mayor Becky Ames - 2 May 1, 2018 Consider a resolution requesting that the Federal Emergency Management Administration consider data from Hurricane Harvey and accept additional public input prior to the revision and publication of Beaumont's updated Flood Insurance Rate Map BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager S� PREPARED BY: Chris Boone, Director of Planning & Community Development MEETING DATE: May 1, 2018 REQUESTED ACTION: Council consider a resolution requesting that the Federal Emergency Management Administration (FEMA) consider data from Hurricane Harvey and accept additional public input prior to the revision and publication of Beaumont's updated Flood Insurance Rate Map (FIRK BACKGROUND As part of the National Flood Insurance Program (NFIP), the Federal Emergency Management Administration (FEMA) publishes Flood Insurance Rate Maps (FIRMS) to identify areas that are subject to flooding. To participate in the NFIP, a city or county must adopt these maps and require certain building regulations within these special areas. From time -to -time, FEMA updates these maps through a formal adoption process. Beaumont's maps were last updated in 2002 and have been undergoing such an update since approximately 2011. Part of this process includes notification and input from the public. A public information event was held at Ford Park in February, 2012. Given that more than six (6) years have passed since this public outreach even was held, along with other outreach, we believe additional opportunity for public input should be offered. In addition, we are requesting that FEMA consider the "real-world" data from Hurricane Harvey. This historic rain and river -flooding event showed that some expansion of the floodplain would be warranted, while other areas may not be. The city has offered this flood damage data gathered following Harvey to FEMA. However, as of this date, the offer has not yet been accepted. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, as part of the National Flood Insurance Program (NFIP), the Federal Emergency Management Administration (FEMA) publishes Flood Insurance Rate Maps (FIRMs) to identify areas that are subject to flooding; and, WHEREAS, to participate in the NFIP, a city or county must adopt Flood Insurance Rate Maps (FIRMs) and require certain building regulations within these special areas; and, WHEREAS, FEMA updates these maps through formal adoption process; and, WHERAS, City of Beaumont Flood Insurance Rate Maps (FIRMs) were last updated in 2002 and have been undergoing an update since approximately 2011; and, WHEREAS, since the last public information event was held at Ford Park in February 2012 the City of Beaumont believes an additional opportunity for public input should be offered; and, WHEREAS, the City of Beaumont is requesting that FEMA consider the "real- world" data from Hurricane Harvey prior to the revision and publication of Beaumont's updated Flood Insurance Rate Map (FIRM); 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 Federal Emergency Management Administration (FEMA) accept the City of Beaumont's request for public input prior to the revision and publication of Beaumont's updated Flood Insurance Rate Map (FIRM); and, BE IT FURTHER RESOLVED THAT the Federal Emergency Management Administration (FEMA) accept the City of Beaumont's request to consider data from Hurricane Harvey prior to the revision and publication of Beaumont's updated Flood Insurance Rate Map (FIRM). 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 1st day of May, 2018. - Mayor Becky Ames - 3 May 1, 2018 Consider a resolution opposing the removal of the US 69 northbound exit ramp to Delaware Street BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager Dr. Joseph Majdalani, P.E., Public Works Director 1-// May 1, 2018 Council consider a resolution opposing the removal of the US 69 northbound exit ramp to Delaware Street. As part of the Texas Department of Transportation (TxDOT) widening of US 69 from IH -10 to Tram Road Project, TxDOT is proposing the removal of the US 69 northbound exit ramp to Delaware Street. The City is opposed to the closing for the following reasons: • Eliminating the exit ramp would directly affect northbound traffic which would be diverted to the Lucas Street exit ramp and force traffic to loop back around to Delaware Street. • Major impact on traffic to many neighborhoods and businesses located east and west of Highway 69. • Major impact to traffic movement/congestion on East Lucas and Folsom which are both not designed to handle the additional high traffic that would be forced to be diverted to this area. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. PU LIC VARING Tom T�LLIR50AlE Ap�1262018 Rohr quess Elementary School Gymnasmum 8055 01d llotil; Road, Bealurroirt, Texas 77.70$ ®pen House: 5:30 - 6030 porno, Formal ka" rin 10 7:30 p*A. The Texas Department of Transportation (TxDOT) Beaumont District is proposing to widen US 69 from IH -10 to Tram Road in Jefferson County, Texas. This notice advises the public that TxDOT will be conducting a public hearing regarding the proposed project on Thursday, April 26, 2018, from 5:30 p.m. to 7:30 p.m. at the Roy Guess Elementary School at 8055 Old Voth Road in Beaumont, TX 77708. An open house will take place from 5:30 p.m. to 6:30 p.m. where displays will be available for viewing and the public may come and go at their convenience. The public hearing will begin at 6:30 p.m., which includes a formal presentation and comment period. The purpose of the hearing is to present the planned Improvements and to receive comments from the public on the proposed project. The proposed project will improve safety, accommodate. traffic growth, and reduce congestion by improving mobility. TxDOT proposes to widen US 69 from 4 to 6 lanes (three lanes in each direction) as a divided highway with a concrete median barrier; add merging lanes; remove the US 69 northbound exit.ramp to Delaware Street; relocate ramps at Chinn and Tram Roads; widen overpass bridges; and install new lighting between Dowlen Road and SH 105. All work will occur within the existing the right of way (ROW). No additional ROW or permanent/ temporary easement is required; therefore, no displacements, or relocations of residences or businesses are necessary. Environmental studies, maps of the study corridor and exhibits will be available at the event This information will also be available for review by appointment Monday through Friday frorr--8:00 a.m. to 5:00 p.m. at the TxDOT Beaumont District Office, 8350 Eastex Freeway, Beaumont, Texas -77708. To schedule an a.,� oointment niea-s? rantprt �a•�h n..�.Q �s !nnn� . ._u,L., Project information can also be viewed by visiting: https //www.txdotgov/inside-txdot/get-involved/about/hearings-meetings/beaumont/042618.ht nl. Vernal and written comments maybe submitted at hearing; written comments may. be submitted by mail to the TzDQT Beaumont 'Distncf Office, Distnct Design, Engineer, 8350. Eastex Freeway, Beaumont; Teicas 77708; or electronically to ahrried.aailv@ticdoteov . Written,comm_ ents..mustYbe bostm8rked`or submitted electronicel,ly by-F.rlday, May 11; 201$c The public hearing will be conducted in English. Persons interested in attending who have special communication or accommodation needs, or require an interpreter, are encouraged to contact Sarah Dupre, TxDOT's Public Information Office, at (409) 898-5745. Requests should be made at least five days prior to the event. Every reasonable effort will be made to accommodate these needs. If you have any general questions or concerns regarding the proposed project or the,hearing, please contact Mr, Atirried Gaily, P.E., District Design Engineer, at (409)-892-7311 or email ahmed.gaily@ gt.gov. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being: or have been, carried -out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014, and executed by FHWA and TxDOT. dning ': to Tram Road [6]91 Project Location Pubtic Hearing Location't r� t� ia:7Y.l�.... p:� X17 i Int l���Y�4�!T 1C�E� �t♦'�s:: l:::tl.-.��,•'. .���tri !.•.A a e I. M i The Texas Department of Transportation (TxDOT) Beaumont District is proposing to widen US 69 from IH -10 to Tram Road in Jefferson County, Texas. This notice advises the public that TxDOT will be conducting a public hearing regarding the proposed project on Thursday, April 26, 2018, from 5:30 p.m. to 7:30 p.m. at the Roy Guess Elementary School at 8055 Old Voth Road in Beaumont, TX 77708. An open house will take place from 5:30 p.m. to 6:30 p.m. where displays will be available for viewing and the public may come and go at their convenience. The public hearing will begin at 6:30 p.m., which includes a formal presentation and comment period. The purpose of the hearing is to present the planned Improvements and to receive comments from the public on the proposed project. The proposed project will improve safety, accommodate. traffic growth, and reduce congestion by improving mobility. TxDOT proposes to widen US 69 from 4 to 6 lanes (three lanes in each direction) as a divided highway with a concrete median barrier; add merging lanes; remove the US 69 northbound exit.ramp to Delaware Street; relocate ramps at Chinn and Tram Roads; widen overpass bridges; and install new lighting between Dowlen Road and SH 105. All work will occur within the existing the right of way (ROW). No additional ROW or permanent/ temporary easement is required; therefore, no displacements, or relocations of residences or businesses are necessary. Environmental studies, maps of the study corridor and exhibits will be available at the event This information will also be available for review by appointment Monday through Friday frorr--8:00 a.m. to 5:00 p.m. at the TxDOT Beaumont District Office, 8350 Eastex Freeway, Beaumont, Texas -77708. To schedule an a.,� oointment niea-s? rantprt �a•�h n..�.Q �s !nnn� . ._u,L., Project information can also be viewed by visiting: https //www.txdotgov/inside-txdot/get-involved/about/hearings-meetings/beaumont/042618.ht nl. Vernal and written comments maybe submitted at hearing; written comments may. be submitted by mail to the TzDQT Beaumont 'Distncf Office, Distnct Design, Engineer, 8350. Eastex Freeway, Beaumont; Teicas 77708; or electronically to ahrried.aailv@ticdoteov . Written,comm_ ents..mustYbe bostm8rked`or submitted electronicel,ly by-F.rlday, May 11; 201$c The public hearing will be conducted in English. Persons interested in attending who have special communication or accommodation needs, or require an interpreter, are encouraged to contact Sarah Dupre, TxDOT's Public Information Office, at (409) 898-5745. Requests should be made at least five days prior to the event. Every reasonable effort will be made to accommodate these needs. If you have any general questions or concerns regarding the proposed project or the,hearing, please contact Mr, Atirried Gaily, P.E., District Design Engineer, at (409)-892-7311 or email ahmed.gaily@ gt.gov. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being: or have been, carried -out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014, and executed by FHWA and TxDOT. RESOLUTION NO. WHEREAS, as part of the US 69 from IH -10 to Tram Road Widening Project, TxDOT is considering removing the Delaware Street northbound exit ramp; and, WHEREAS, eliminating the Delaware Street northbound exit ramp would directly affect northbound traffic which would be diverted to the Lucas Street exit ramp and force traffic to loop back around to Delaware Street; and, WHEREAS, eliminating the Delaware Street northbound exit ramp would have a major impact on traffic to many Beaumont neighborhoods and businesses located east and west of Highway 69; and, WHEREAS, eliminating the Delaware Street northbound exit ramp would have a major impact to traffic movement/congestion of East Lucas and Folsom which are both not designed to handle the additional high traffic that would be forced to be diverted to this area; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to oppose the removal of the Delaware Street northbound exit ramp; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council opposes the removal of the Delaware Street northbound exit ramp. 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 1st day of May, 2018. - Mayor Becky Ames - n May 1, 2018 Consider the third reading of the ordinance granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney - - - MEETING DATE: May 1, 2018 REQUESTED ACTION: Council consider the third reading of the ordinance granting to Entergy Texas, Inc. the right, privilege and franchise to conduct within the City an electrical lighting and power business. BACKGROUND The current Beaumont and Entergy Texas, Inc. ("ETI") franchise agreement term has expired and the franchise needs to be updated and renewed. The new agreement maintains most of the existing langriage and ETI's obligations for use of the public right of way within the City. The term of the franchise is twenty-five (25) years. There are several changes to the franchise. First, the annual rental payments by ETI to the City for use of the right of way are increased. Currently, ETI makes a base franchise payment once per year and incremental franchise payment four times per year on a quarterly basis. The incremental franchise rate has been increased resulting in total increased franchise revenues to the City of over $900,000 annually. The second franchise change is to include an inflation adjustment clause to adjust future franchise fee charges for changes in inflation over the life of the franchise agreement. This inflation factor will protect against declining franchise collections over the life of the franchise agreement. The City Charter requires the ordinance to be read at three (3) separate regular meetings of the City Council. This is the third and final reading required to renew the ETI franchise. The ordinance shall not take effect until sixty (60) days after the adoption on the final reading. FUNDING SOURCE N/A RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE GRANTING TO ENTERGY TEXAS, INC. THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY AN ELECTRICAL LIGHTING AND POWER BUSINESS; PROVIDING AN EFFECTVIE DATE UPON ACCEPTANCE IN WRITING BY ENTERGY TEXAS, INC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1: That, subject to the terms, conditions and provisions of this ordinance, the City of Beaumont, Texas, hereinafter referred to as "City," does hereby grant unto Entergy Texas, Inc., hereinafter referred to as "Company", the right, privilege and franchise to conduct within the City an electrical lighting and power business and to enter upon, erect, construct, maintain, extend, repair, replace and remove in, under, upon, over, above, across and along any and all of the present and future public roads (notwithstanding any use restrictions), highways, parks, streets, lands, alleys, whether designated or undesignated and other public areas and rights of way of the City and over, under, above, along and across any and all streams, canals, bayous, embankments and bridges, now or hereafter owned or controlled by the City (hereinafter referred to as "Public Rights -of -Way"), a system of poles, pole lines, towers, distribution lines, transmission lines, wires, guys, cables, conduits, transformers and other distribution and transmission instrumentalities, facilities and appurtenances (including communications facilities) necessary or proper for the transmission and distribution of electricity and communication including broadband over power line communications services ("BPL") into, in, within, from, across, and through the City, as now existing, or as said City limits may hereafter be extended (hereinafter referred to as "Company Facilities"); and Company is authorized to use Company Facilities for the transmission, distribution, delivery and sale of electricity and communication to the municipality and to the inhabitants of the City and to any governmental agency, and to any governmental subdivision, and to any person, firm or corporation, wherever located, within or without the City limits of the City of Beaumont, for use by such purchaser, or purchasers, for light, power, cooling and heat, and for any other purpose, or purposes, whether same or different from those herein specified, for which electricity may be used. Provided, this Franchise does not include places where the City's authority to permit such installations is or hereafter may be withdrawn by the State, or where the Texas Department of Transportation or other State agency constructs or maintains such public facility or place and lawfully excludes the authority of the City to permit such public utility and BPL installations therein. In the event that the City abandons a Public Right -of - Way, City shall ensure that the Company has access to sufficient and reasonable Right - of -Way to maintain Companies Facilities. Section 2: The right, privilege and franchise granted under this Franchise Ordinance is, at all times, subject to the continuing police power of the City; and the Company shall comply with all present and future laws, ordinances and regulations of the State of Texas and the City enacted pursuant to the City's or State's police power. Section 3: Upon the filing with the City by Company of the acceptance required hereunder, this franchise shall be in full force and effect for a term and period of twenty- five (25) years commencing upon, and extending from, the date of passage of this ordinance by City ("Effective Date") Provided that, if subsequent to the effective date of this Agreement, any Texas municipality, city or City within the Company's service area ("Other City or Municipality") enters into with Company a franchise term of less than twenty-five (25) years, the City will have the right after reasonable notice to receive the same term. If the City elects to exercise this right, the new contract term will begin upon passage of an amendment to this franchise approving of the same term as the other municipality and end when the new term has run in its entirety, no matter how many years had expired under the original twenty-five year term. Provided however, this provision is not applicable if the Other City or Municipality is precluded from entering into a twenty-five (25) year term by law or city charter. Section 4: Company, on written request of any person, shall relocate, raise or lower its wires temporarily to permit construction work in the vicinity thereof, or to permit the moving of houses or other bulky structures. The expense of such temporary relocation, raising or lowering of such wires shall be paid by the benefited party or parties and the Company may require the payment in advance, being without obligation to remove, raise or lower its wires until such payment shall have been made. The Company shall be given not less than forty-eight hours prior notice to arrange for such temporary wire change. Section 5: The City shall have the power at any time to require the Company to change permanently the route and position of Company Facilities when the City shall find, by resolution, that such change is necessary in the closing, opening, widening or relocating of streets or alleys, or water or sewer lines, or the changing of grade of streets or alleys. The City shall use its best reasonable efforts to consult and confer with the Company before requiring any such relocation or raising or lowering of its lines or cables, with a view to accomplishing the result in a reasonable and economical manner. If it becomes necessary to relocate any lines or facilities, City will provide suitable Right of Way adjacent to the relocated street, alley, water line, or sewer line, without any cost or expense to Company. The obligation to change the route does not require the placement of overhead lines underground unless the City pays for the increased costs of placing the lines underground. With the exception of costs incurred by the City in the preceding sentence, all other costs of relocation pursuant to this section shall be paid by the Company. Provided, however, the Company shall be entitled to be paid for its costs of relocation required by the City if such expenses or costs are reimbursable or payable to the Company or to the City or the State of Texas, the United States, or any agency or subdivision of either whether directly or indirectly. Section 6: To the extent that the City has authority to do so, it gives to Company, during the life of this Franchise, the right, license, privilege and permission to trim and remove trees and other vegetation, using generally accepted methods within the vegetation management industry, located upon and overhanging the streets, alleys, easements, sidewalks and public places of City, that interfere or offer hazards to the operation of Company's facilities used or useful for the rendition of electric service. The Company is responsible for the prompt removal and disposal of all trimmings associated with maintenance of its lines and facilities. Section 7: Nothing contained in this ordinance shall ever be construed as conferring upon Company any exclusive rights or privileges of any nature whatsoever. Section 8: If any provision, section, sub -section, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional, void, or invalid (or for any reason unenforceable) the validity of the remaining portions of this ordinance shall not be affected thereby, it being the intent of the City in adopting this ordinance that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and, to this end, all provisions of this ordinance are declared to be severable. Section 9: The City, by granting this Franchise, does not surrender or to any extent lose, waive, impair or lessen the lawful powers and rights, now or hereafter vested in the City under the constitution and statutes of the State of Texas to regulate the rates for services of Company; and Company, by its acceptance of this franchise, agrees that all such lawful regulatory powers and rights, as the same may be from time to time vested in the City, shall be in full force and effect and subject to the exercise by the City at any time. Section 10: As compensation to City for the use and occupancy of its Public Rights -of -Way, and in consideration for the other rights and privileges herein granted, Company agrees to pay to the City and City agrees to accept from Company on August 1 of each year during the continuance of this agreement, a fee equal to $0.0021524 ("Base Franchise Fee Factor") multiplied times the number of kilowatt hours delivered during the period commencing on July 1 of the previous calendar year and ending on June 30 of the calendar year in which the payment is due, inclusive, by Company to retail customers whose consuming facility's point of delivery is within the City's boundaries. At the time of each annual August 1 payment, Company shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered in total to the retail customers whose consuming facilities' points of delivery are located within the City's boundaries for the preceding year upon which the franchise fee payments are calculated; and (ii) a calculation of the annual Base Franchise Fee payment. The statement shall be in a form substantially similar to attachment "A." Provided that if, subsequent to the effective date of this Agreement, any Texas municipality within the Company's service area negotiates with Company a methodology for calculation of the payment of the franchise different than the Base Franchise Fee kWh factor methodology used in this section and the Incremental Franchise Fee kWh factor methodology used in Section 11(A), the City will have the right after reasonable notice to utilize the same methodology. The parties agree that the payments due under this franchise are reasonable and necessary and that the parties shall use their best efforts to enable Company to recover these payments through its electric rates. Section 11(A): In addition to the compensation set out in Section 10, and subject to the provisions of Subsection 11(C), Company shall continue to pay on or before the 15th day of May, August, November and February ("Payment Date") an amount equal to a $.0010137 charge per kilowatt hour ("Incremental Franchise Fee") multiplied times the number of kilowatt hours delivered by Company during the preceding calendar quarter ending March, June, September, and December ("Calculation Period"), in total to retail customers whose consuming facilities points of delivery were located within the City's boundaries less any applicable taxes including gross receipts taxes. This amount shall be referred to as "Incremental Amounts." However, in connection with the passage of this Agreement, City has also passed the attached Incremental Beaumont Franchise Fee Recovery Rider effective April 2, 2018. Beginning with the August 2018 quarterly payment due under this subsection and all future payment under this subsection will be an amount equal to a $0.0015908 charge per kilowatt hour ("Incremental Franchise Fee") multiplied times the number of kilowatt hours delivered by Company during the preceding calendar quarter ending March, June, September, and December ("Calculation Period"), in total to retail customers whose consuming facilities points of delivery were located within the City's boundaries less any applicable taxes including gross receipts taxes. Beginning on the first anniversary of the effective date of this Franchise Agreement and annually thereafter, Company shall annually adjust the Incremental unit per kWh franchise fee rate, set forth in subsection 11 (A), by an amount to be designated in writing by the city based on the annual increase, if any, in the consumer price index. The adjustment provided for in this subsection shall become effective only upon the City's approval of an equivalent adjustment to the corresponding surcharge, which provides for the Company's collection through the corresponding Surcharge of the increase in the Incremental Franchise Fee payment resulting from the adjustment provided in this subsection. The first payment of the increased Incremental Amount shall be no sooner than the first full quarter in which the corresponding increased Surcharge has been in effect and shall include any amounts collected through the increased Surcharge during any month of the prior quarter. At the time of each quarterly payment for Incremental Amounts, Company shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered in total to the retail customers whose consuming facilities' points of delivery are located within the City's boundaries for the preceding quarter upon which the franchise fee payments are calculated; and (ii) a calculation of the quarterly Incremental Franchise Fee payment. The statement shall be in a form substantially similar to attachment "B." Section 11(13): An underlying premise of this Franchise Agreement is that the Company shall be kept financially whole with respect to any and all Incremental Amounts, as defined above in this Section 11(A). The Incremental Amounts will be collected through a Surcharge adopted and approved by City applicable to all retail - customers whose consuming facility's point of delivery are located within the City's boundaries. The amount to be paid to City on each Payment Date shall never exceed the amount collected by Company during the corresponding Calculation Period while the Surcharge is in effect. In the event the Public Utility Commission of Texas ("PUCT") or a court of competent jurisdiction finds the amounts collected by Company through the. Surcharge are improper and disallows or requires repayment ("Disallowed Amounts"), Company shall be entitled to collect all Disallowed Amounts through either direct payment by City or a reduction of any subsequent franchise payments to City as provided in this Subsection. Prior to Company's reduction in franchise payments, Company shall provide the City 30 days for a one-time opportunity to make a direct payment to Company of any Disallowed Amounts, such 30 days to run from City's receipt of Company's written notice, which shall identify the Disallowed Amounts, the time period over which the Disallowed Amounts accrued and an explanation of the calculations. Subsequent to said 30 -day period, and in the absence of timely direct payment by the City of the entirety of the Disallowed Amounts, Company is authorized to reduce any future franchise payment(s) in an amount equal to any Disallowed Amounts not paid by the City. Company is authorized to implement the procedures set forth in this Subsection periodically as Company, in its sole discretion, determines is necessary to recover any ongoing Disallowed Amounts. The corresponding Surcharge described in this Subsection 11(B) shall appear as a line item on Company's retail electric bill and identified as a "Municipal Franchise Fee." Notwithstanding any other provision in this Franchise Agreement, if at any time the Incremental Franchise Fee portion is ever included in base rates, the Incremental Franchise Fee Surcharge will cease as of the effective date of the new base rates that incorporate the previously surcharged Incremental Amounts and the incremental amounts will continue to be paid as set forth in Section 11(A). Section 11(C): Upon the occurrence of any of the following events, the Incremental Franchise Fee rate and quarterly payments provided for in Subsection 11(A) shall no longer be applicable or effective for the purpose of calculating the franchise payment: i. the PUCT or a court of competent jurisdiction 1) finds the corresponding Surcharge unlawful or otherwise prohibits the Surcharge recovery of the Incremental Amounts; 2) finds that the franchise fees calculated under this Section 11(A), or the amounts collected through the corresponding surcharge or through a reduction in franchise payments, as provided herein, may not be recovered by Company from its customers; or 3) in some manner prevents or prohibits Company from recovering said Incremental Amounts; and ii. with respect to the preparation for, or implementation of, retail open access in Company's Texas service territory, Company or Entergy's affiliate distribution company in Texas ("DISCO") or Entergy's affiliate retail electric provider in Texas ("REP"), at any time, is not permitted to implement the monthly Surcharge described in Subsection 11(B). Upon the occurrence of any of the events enumerated in Subsections 11(C) i or ii, only the franchise rate contained in Section 10 shall be applicable and effective for the purpose of calculating and paying the franchise payment under this Franchise Agreement and Cities shall have the option, for one year, to terminate the Franchise Agreement and negotiate a new Franchise Agreement so long as the Company is not required to make a franchise fee payment greater than it is authorized to collect in rates. Further, in the event the PUCT or a court of competent jurisdiction finds a portion of the corresponding Incremental Franchise Fee Surcharge unlawful or otherwise prohibits a portion of the Incremental Franchise Fee Surcharge recovery of the Incremental Amounts, the Incremental Franchise Fee rate and quarterly payments provided for under Subsection 11(A) and (B) shall be amended and adjusted such that the franchise payment made by the Company pursuant to this Section 11(A) to the City is no greater than the amounts the Company is authorized to collect through the corresponding Surcharge. Nothing in the immediately preceding sentence requires that Company agree to a realignment or allocation of the recovery of any portion of the Incremental Amounts from the corresponding Surcharge to the Company's base rates. Section 11(D): City agrees that (a) if City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of Company's franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of franchise fees by Company in the manner consistent with this agreement; and (b) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Company in the manner consistent with this Agreement. i. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such Incremental Amounts by Company. ii. Neither the adoption of this Franchise Agreement, nor the corresponding Surcharge shall be used by either the City or the Company, in any proceeding before a regulatory authority or state or federal court of law, as precedent for a reduction in the Company's rates or as evidence of or support for the positions taken by the City or the Company in such matters. Section 12: In addition to the consideration set forth elsewhere in this franchise agreement and subject to a Joint Use Agreement, the Company shall hold itself ready to furnish free of charge, subject to the use of the City, such pole space as may be required from time to time for the installation of traffic, police and fire alarm system conductors, and alarm or other equipment all of which are owned exclusively by the City; provided that such conductor space does not exceed the capacity of one cross - arm on any one pole, and provided that such space is then available on existing poles. The specific location for these traffic, police and fire alarm conductors, boxes or equipment on Company's poles shall be determined by the Company, and will be allotted at the times specific applications for space are received from the City. Where a main underground ductline is constructed or installed between manholes by Company after the effective date of this franchise agreement, Company shall, as part of same, provide free of charge for the installation by City of its traffic, police or fire alarm cables owned exclusively by the City, one top duct having one capped off entry channel and one capped off exit channel between each two manholes, such entry and exit channels leaving the duct bank enclosure outside of, but near to, such manholes, and no cable or other equipment of City shall enter Company's manholes. All cables installed by the City in Company ducts shall be of the non-metallic, sheath type to prevent corrosive or electrolytic action between the City and Company-owned cables. All City -owned conductors and cables, whether on poles or in ductlines, shall be constructed, maintained and operated in such manner as to not interfere with or create a hazard in the operation of the Company's electrical transmission and distribution system. Further, all City -owned traffic, police and fire alarm conductors, and alarm boxes, and any City circuits on Company poles, and all cables installed by City in ducts constructed by Company, shall be installed in strict compliance with the applicable provisions of the National Electrical Safety Code. Section 13: The fee payable hereunder shall be the total compensation payable by Company to City for Company's use of the Public Rights -of -Way for the conduct of its business under the franchise. City agrees that any street rental ordinances currently in effect shall not be applicable to Company and City shall not charge any additional fee for the use or occupancy of the Public Rights -of -Way in City. If City does charge Company any additional fee for the use or occupancy of the Public Rights -of -Way in City, then Company may deduct the amount charged from the next succeeding franchise payment or payments until fully reimbursed. This does not bar the City from assessing against the Company or its property ad valorem taxes levied on property, excise taxes levied, or other taxes. Section 14: City may initiate an audit or other inquiry, or may pursue a cause of action in relation to the payment of the fee only if such audit, inquiry, or pursuit of a cause of action concerns a payment made less than two (2) years before commencement of such audit, inquiry, or pursuit of a cause of action. All books and records related to Company's calculation of the fee shall be available to City. Upon receipt of a written request from City, such documents shall be made available for inspection no later than forty-five (45) days from the receipt of such request. Company shall make such documents available at the place such documents are located, at the Company's Beaumont office, or any location mutually agreed upon according to the needs and abilities of the respective parties. City shall advise Company of the results of the audit within two years of the initiation of the audit. City must make a written demand within two years of the initiation of the audit or any claims associated with the audit shall be waived. Amounts due to City for past underpayments or amounts due Company for past overpayments shall include interest calculated using the annual interest rates for overcharges as set by the Public Utility Commission of Texas. Said interest shall be payable on such sum from the date the initial payment was due until it is paid. Section 15: Within thirty (30) days of the effective date of any expansion, annexation, or de -annexation, or other lawful means of modifying the City's boundaries, the City shall provide to Company reasonable notification of the change in the City's boundaries. Section 16: If the Company shall assign this Franchise to any other person or corporation (the "Assignee") acquiring and duly authorized to acquire, own and operate the Company's property and to carry on the Company's business, the Assignee shall execute and deliver to the City an agreement in writing to be bound by all of the Company's obligations, liabilities, and undertakings under this Franchise. The Assignee shall thereupon be deemed to be substituted for the Company, and the Company shall stand released from all obligations under this Franchise except such as have already accrued. If the Assignee fails to file such agreement within thirty (30) days after said assignment, City shall so notify in writing the Company and Assignee of this deficiency. Should Assignee fail to cure such deficiency within 30 days of the deficiency notification, this agreement shall terminate. Section 17: If it becomes necessary in furnishing electricity as contemplated under this franchise, the City grants to the Company the right and privilege to take up pavements and sidewalks, if any, in and upon said streets, alleys and highways in said City of Beaumont, and such may be over and across any stream or bridge, for the purpose of making such excavation and installation as may be necessary; provided, however, except in the event of an emergency in which excavation is necessary to ensure the safety of the public or the integrity of Company's facilities, Company shall not take up or excavate any pavement at any time without first securing permission of the Director of Public Works of City or City Manager; and provided further, that all excavations and installations so made shall be performed in such manner as will cause the least inconvenience to the public, and Company shall promptly restore to as good condition as before working thereon, and to the reasonable satisfaction of the Director of Public Works of City or City Manager, all streets excavated by it. The City of Beaumont shall have the right to have an inspector present at each excavation and installation. Further, ETI will use reasonable efforts to comply with Chapter 6 of the Manual on Uniform Traffic Control Devices (MUTCD). Section 18: If any of the facilities installed by Company hereunder shall be in any respect damaged or injured by the City of Beaumont or any of its officers, agents, representatives, or employees, in connection with the performance of any work or repairs that may be done to the streets, avenues, alleys, and other public places of the City of Beaumont, Company shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damages or injuries so sustained by it, and the same is hereby in all things waived; provided, however, the foregoing portion of this Section shall not apply where such property is damaged or injured as a proximate result of installing, maintaining or removing City's equipment upon or from Company's poles, or in or from Company's ductlines, as provided in Section 12. Section 19: It shall be the Company's obligation hereunder to furnish efficient electrical service to the public at its rate schedule and Company shall maintain its system in reasonable operating condition during the continuance of this Agreement. Section 20: The Company, its successors and assigns shall indemnify, save and hold harmless the City from any and all claims for injuries and damaged to person or property occasioned by or arising out the construction, reconstruction, maintenance, operation or repair of said Company's electrical lighting and power system, or by the conducting of Company's business in The City of Beaumont, or in any way growing out of the granting of this franchise, either directly or indirectly, or by reason of any act, negligence or nonfeasance of the contractors, agents or employees of Company, its successors and assigns, and shall refund to the City all sums which it may be adjudged to pay on any such claims, or which may arise or grow out of the exercise of the rights and privileges hereby granted, or by the abuse thereof, except caused by City's, its employee's or agent's negligence and Company shall indemnify and hold the City harmless from and on account of all damages, costs, expenses, actions and causes of actions that may accrue to or be brought by any person, persons, company or companies at any time hereafter by -reason of the exercise of the rights and privileges hereby granted, or of the abuse thereof; provided, however, that the provisions of this Section shall not be applicable to any claims, damages, costs, expenses, actions or cause of actions proximately resulting from the use by City, its officers, agents, representatives or employees, of Company's pole and ductlines for the installation, maintenance or removal of City's equipment, as provided in Section 12. Section 21: This franchise replaces all former franchise and/or street rental ordinances and agreements with Company, which are hereby repealed as to Company. Section 22: Company shall, within sixty (60) days from the date of the final passage of this ordinance by the City Council of the City of Beaumont, Texas, file with the City Secretary of the City of Beaumont, Texas, a written statement signed in its name and behalf in the following form: "To the Honorable Mayor and the City Council of the City of Beaumont": Entergy Texas, Inc. hereby accepts the attached ordinance finally passed by the City Council of the City of Beaumont, the day of , 20 , and agrees to be bound by all of its terms and provisions. Entergy Texas, Inc. Section 22: This franchise ordinance shall be in force, and effective, from and after the passage of this ordinance, conditioned that Company file the written acceptance above provided, within the period provided, after the passage of this ordinance; and thereupon this franchise shall become a binding contract; and shall exist for a period of twenty-five (25) years from the date of its passage. 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 27th day of March, 2018. 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 24th day of April, 2018. 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 1st day of May, 2018. - Mayor Becky Ames - PUBLIC HEARING Dangerous Structures PUBLIC HEARING: May 1, 2018 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. 1545 Avenue B 2. 5770 Bigner 3. 4770 Carnegie & shed 4. 535 Church & aux bidgs 5. 1305 Church & garage 6. 1315 Church (aux bidgs) 7. 4690 Dallas 8. 240 Delaware E & shed 9. 3705 Detroit & shed 10. 2047 Earl & shed 11. 3635 Euclid W 12. 11135 Forest Glen & aux bldgs 13. 1929 Grand & shed 14. 50 Gulley 15. 2505 Gulf (commercial) - 16. 2646 Harrison & garage 17. 3935 Irving 18. 1415 Johns 19. 9150 Josey (shed only) 20 345 i ethi , Q. aux b4lgs 21. 1638 Levy 22. 2360 Liberty & garage 23. 1590 Linson 24. 2420 Linson 25. 1163 Live Oak 26. 4085 Lorelock 27. 2398 Magnolia (commercial) 28. 1860 May 29. 2075 Milam (aux bldg only) 30. 590 Nolan (garage only) 31. 4095 Pine 32. 1672 Pope & aux bidgs 33. 1026 Prince 34. 3170 Prairie 35. 3055 Renaud 36. 1380 Roberts (garage apt only) 37. 1212 Royal 38. 2288 Rusk & shed 39. 3805 St Helena & shed 40. 1149 Schwarner 41. 3213 Shannon 42. 2255 Southerland 43. 3390 Taliaferro & shed 44. 3155 Timberwood & shed 45. 1550 Trinidad 46. 1590 Trinidad & garage 47. 1465 Victoria 48. 1386 Wall 49. 5535 Winfree (shed only) 50. 4205 Winston �1 May 1, 2018 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 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager '�ZS 1� PREPARED BY: Chris Boone, Planning and Community Development Director MEETING DATE: May 1, 2018 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. 1545 Avenue B 2. 5770 Bigner 3. 4770 Carnegie & shed 4. 535 Church & aux bldgs 5. 1305 Church & garage 6. 1315 Church (aux bldgs) 7. 4690 Dallas 8. 240 Delaware E & shed 9. 3705 Detroit & shed 10. 2047 Earl & shed 11. 3635 Euclid W 12. 11135 Forest Glen & aux bldgs 13. 1929 Grand & shed 14. 50 Gulley 15. 2505 Gulf (commercial) 16. 2646 Harrison & garage 17. 3935 Irving 18. 1415 Johns 19. 9150 Josey (shed only) 20 345 Lethia & aux bl dgs 21. 1638 Levy 22. 2360 Liberty & garage 23. 1590 Linson 24. 2420 Linson 25. 1163 Live Oak 26. 4085 Lorelock 27. 2398 Magnolia (commercial) 28. 1860 May 29. 2075 Milam (aux bldg only) 30. 590 Nolan (garage only) 31. 4095 Pine 32. 1672 Pope & aux bldgs 33. 1026 Prince 34. 3170 Prairie 35. 3055 Renaud 36. 1380 Roberts (garage apt only) 37. 1212 Royal 38. 2288 Rusk & shed 39. 3805 St Helena & shed 40. 1149 Schwarner 41. 3213 Shannon 42. 2255 Southerland 43. 3390 Taliaferro & shed 44. 3155 Timberwood & shed 45. 1550 Trinidad 46. 1590 Trinidad & garage 47. 1465 Victoria 48. 1386 Wall 49. 5535 Winfree (shed only) 50. 4205 Winston 20. Removed for Harvey flood buy-out 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. 1545 Avenue B 2. 5770 Bigner 3. 4770 Carnegie & shed 4. 535 Church & aux bidgs 5. 1305 Church & garage 6. 1315 Church (aux bldgs) 7. 4690 Dallas 8. 240 Delaware E & shed 9. 3705 Detroit & shed 10. 2047 Earl & shed 11. 3635 Euclid W 12. 11135 Forest Glen & aux bidgs 13. 1929 Grand & shed 14. 50 Gulley 15. 2505 Gulf (commercial) 16. 2646 Harrison & garage 17. 3935 Irving 18. 1415 Johns 19. 9150 Josey (shed only) '^• 3 A. S. IL epthia 4' aux ` ldgs- 21. 1638 Levy 22. 2360 Liberty & garage 23. 1590 Linson 24. 2420 Linson 25. 1163 Live Oak 27. 2398 Magnolia (commercial) 29. 2075 Milam (aux bldg only) 26. 4085 Lorelock 28. 1860 May 30. 590 Nolan (garage only) 31. 4095 Pine 32. 1672 Pope & aux bidgs 33. 1026 Prince 34. 3170 Prairie 35. 3055 Renaud 36. 1380 Roberts (garage apt only) 37. 1212 Royal 38. 2288 Rusk & shed 39. 3805 St Helena & shed 40. 1149 Schwarner 41. 3213 Shannon 42. 2255 Southerland 43. 3390 Taliaferro & shed 44. 3155 Timberwood & shed 45. 1550 Trinidad 46. 1590 Trinidad & garage 47. 1465 Victoria 48. 1386 Wall 49. 5535 Winfree (shed only) 50. 4205 Winston 20. Removed for Harvey flood buy-out 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. Section 2. 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. Section3. 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. Ccrrfinn d 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 1st day of May, 2018. - Mayor Becky Ames -