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PACKET OCT 16 2001
� c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 16, 2001 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items • Consent Agenda GENERAL BUSINESS 1. Consider approving a contract to modify the existing Lawson's pump station 2. Consider amending Section 25-53 of the Code of Ordinances related to the payment of hotel occupancy taxes 3. Consider amendments to the existing Animal Ordinance, Chapter 5, Section 5-4; Section 5-5; and Section 5-8 4. Consider amending Section 21-74 of the Code of Ordinances related to authorized positions in the Fire Department 5. Consider authorizing the City Manager to execute an Industrial District Contract with Arch Chemicals, Inc. COMMENTS • Councilmembers comment on various matters • City Manager's Report- Navigation District Election, Partnership In Governance 2002, Tourism Impact and Patriotic Celebration • Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Negotiations with Beaumont Firefighters' Local 399 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Council consider approving a contract to modify the existing Lawson's pump station 61 City of Beaumont A ML Council Agenda Item TO: Stephen J. Bonczek, City Manager FROM: Tom Warner, Public Works Director PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 10, 2001 REQUESTED ACTION: Consider a contract to modify the existing Lawson's pump station. RECOMMENDATION Administration recommends approval of a contract with Boyer, Inc., Houston, Texas, in the amount of$3,652,918 to modify the existing Lawson's pump station. The station is located on the south bank of the Neches River and approximately 2.3 miles upstream of the water treatment plant. BACKGROUND The modifications to the pump station will include demolition of a portion of the existing structure, construction of structural improvements, installation of three large pumps with variable frequency drives, construction of discharge piping and valves, electrical building, pretreatment facilities, 150-foot radio tower, and standby power equipment. The proposed improvements are required in order to insure the reliability of the water system and to protect the raw water delivery system from salt water intrusion. The improvements are also mandated by the Texas Natural Resource Conservation Commission (TNRCC). BUDGETARY IMPACT Funds are available in the Water Utilities Division Capital Improvement Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny a contract to modify the existing Lawson's pump station. PhasdLawsonTranslinesk.wpd 10/09/2001 BID TABULATION CITY OF BEAUMONT-LAWSON'S PUMP STATION MODIFICATIONS BID DATE:September 24,2001 Item No. Description LEM Construction Boyer,Inc. Allco Inc. All items required for construction,except Quantit Unit Unit Price Amount Unit Price Amount Unit Price I Amount 1 those items listed below 1 LCLSY $ 3"2 10 000.00 $ 3 210 000.00 $ 3,065,918.00 $ 3065,918.00 $ 3,089,585.20 $ 3,089,58520 2 Fill Material 3140 $ 20.00 $ 62 800.00 $ 20.00 $ 62,800.00 $ 24.32 $ 76,364.80 3 Extra Course Gravel Embedment 50 CY $ 30.00 $ 1,500.00 $ 4 Trench Safety 28.00 $ 1,400.00 $ 40.00 $ 2,000.00 "' LF $ 2.00 $ 550.00 $ 4.00 $ 800.00 $ 1.50 $ 450.00 ba Vertical Centrifugal Pum in Units 3 EA $ 117 000.00 $ 351 000.00 $ 117,000.00 $ 351 000.00 $ 117 000.00 $ 351,000.00 5b Additional cost for witnessed test for um s 3 EA $ 2 300.00 $ 6900.00 $ 2,300.00 $ 6 900.00 $ 5c Additional cost for witnessed test for motors 3 EA $ 900.00 $ 2 700.00 $ 900.00 $ 2,700.00 $ 2,300.00 $ 6,900.00 900.00 $ 2,700.00 5d Variable Pre uenc Drivos 3 EA $ 52 000.00 $ 156,000.00 $ 52 000.00 $ 156,000.00 $ 52,000.00 $ 156,000.00 5e Additional cost for witnessed test for VFDs 3 EA 1 800.00 5,400.00 $ 1 800.00 $ 5 400.00 $ 1,855.66 $ 5,400.001 TOTAL AMOUNT BID(Items 1 thru 5) $ 3,796,850.00 $ 3,652,918.00 $ 3,690,400.00 2 Council consider amending Section 25-53 of the Code of Ordinances related to the payment of hotel occupancy taxes V~105 Cit y of Beaumont 4W_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 9, 2001 REQUESTED ACTION: Consider amending Section 25-53 of the Code of Ordinances related to the payment of hotel occupancy taxes. RECOMMENDATION The Administration recommends approval of amending Section 25-53 of the Code of Ordinances to require hotels owing more than $500 each month or $1,500 for a calendar quarter to begin filing their hotel tax return and payment to the City on a monthly basis. The amended ordinance would be effective January 1, 2002. BACKGROUND The hotel occupancy tax for the City is equal to seven(7)per cent of the consideration paid by the occupant for the room. There is an additional six(6)per cent tax paid to the State of Texas and a two (2) per cent tax paid to the County. The current ordinance requires hotels to submit reports and payments to the City on the last day of the month following each quarterly period. The proposed changes would allow hotels that owe less than $500 in city hotel tax for each calendar month to report and remit the tax on the 201h of the month following each calendar quarter. Hotels that owe more than $500 each month or $1,500 for a calendar quarter must file their hotel tax return by the 201h of the month following each calendar month. Hotels shall report and remit the tax to the City of Beaumont's Cash Management Division. The report will show the consideration paid for all room occupancies in the preceding month or quarter, the amount of tax collected on such occupancies, and any other information the City may reasonably require. The new payment requirements are consistent with the collection procedures of the State of Texas. A letter was mailed to Beaumont hotels on August 20,2001 explaining the proposed changes. The City has not received any calls from the hotels expressing concerns. BUDGETARYIMPACT In FY 2001, the City received $1,611,156 from hotel occupancy taxes. Monthly payment of the taxes will provide for greater cash flow for the City and better trend analysis. There are approximately 30 hotels in Beaumont of which 24 would be required to pay the tax on a monthly basis. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Economic Development Director and City Treasurer. RECOMMENDED MOTION Approve/Deny amending Section 25-53 of the Code of Ordinances related to hotel occupancy taxes. Hotel Occupancy Tax Page 1 of 2 Home Search Site Map What's New Contact Us Carole Keeton Rylander Texas Comptroller of Public Accounts Texas Taxes Other State Taxes Hotel Occupancy Tax What is the state hotel occupancy tax rate? The state hotel occupancy tax rate is six percent. Municipalities and certain counties are also authorized to impose a local hotel tax. Each local taxing authority may impose a hotel tax rate of up to seven percent. What is the due date for filing a state hotel tax return? Hotels that owe less than $500 in state hotel tax for each calendar month can report and remit the tax on the 20th of the month following each calendar quarter. Hotels that owe more than$500 each month or$1,500 for a calendar quarter must file their hotel tax return by the 20th of the month following each calendar month. Local hotel taxes are reported and remitted directly to the city or county imposing the tax. Do hotels receive a hotel occupancy tax permit? No, a hotel occupancy tax permit is not issued by the Comptroller's office. What organizations or individuals are exempt from paying the state hotel occupancy tax? o The United States Government and its employees traveling on official business • Foreign diplomats issued an exemption card by the U.S. Department of State • Certain state of Texas officials that are issued a special hotel tax exemption card. Exempted state officials include, but are not limited to, heads of state agencies, judicial officials, members of the Texas Senate, and members of the Texas House of Representatives. NOTE: State agencies (except institutions of higher education) and most state employees must pay the state and local hotel taxes. • Guests who pay to occupy a room in a hotel for at least 30 consecutive days are permanent residents and exempt from the hotel occupancy tax. Guests who inform the hotel, at check-in, of their intention to stay 30 consecutive days are exempt from the beginning of their stay. Guests who do not advise the hotel of their intentions must pay the hotel tax for the first 30 days, but are exempt thereafter. • Charitable organizations and their employees traveling on official business of the organization. The sole purpose of the charitable organization must be to alleviate poverty, disease, pain, and suffering by providing food, medicine,or other help to persons in need. Charitable organizations should contact the Comptroller's office to determine if they qualify under Comptroller Rule 3.161. Charitable organizations must pay any local hotel tax imposed. http://www.window.state.tx.us/taxinfo/faqhotel.html 8/3/01 Hotel Occupancy Tax Page 2 of 2 o Religious organizations and their employees traveling on official business of the organization. Religious organizations should contact the Comptroller's office to determine if they qualify under Comptroller Rule 3.161. Religious organizations must pay any local hotel tax imposed. o Educational organizations and their employees traveling on official business of the organization. Educational organizations include Texas Institutions of Higher Education as defined in Section 61.003, Texas Education Code, independent school districts, elementary, and secondary schools. Educational organizations should contact the Comptroller's office to determine if they qualify under Comptroller Rule 3.161. Educational organizations must pay any local hotel tax imposed. I purchased an existing business. Can I use their permit(s)? No, permits are non-assignable. Who is required to collect the state hotel occupancy tax? The owner, operator, or manager of a hotel must collect the hotel occupancy tax from their guests. A hotel is defined as any building in which members of the public obtain sleeping accommodations for$2 or more per day. For more information, please call our toll-free number at 1-800-252-1385. Texas hotel occupancy tax forms are located at this Web site address: www.window.state.tx.us/taxinfo/taxforms/12-fonns.html Carole Keeton Rylander- Texas Comptroller of Public Accounts Window on State Government Privacy Policy http://www.window.state.tx.us/taxinfo/faghotel.html 8/3/01 HOTEL OCCUPANCY TAX-CITY OF BEAUMONT FISCAL YEAR 2001 QUARTER ENDING/DATE DUE Tax ID# Name Address 09/30/2000 12131/2000 03/31/2001 06/30/2001 Projected 10/31/2000 01/31/2001 04/30/2001 07/31/2001 8/1/01-9/30/01 17604670749 ALAMO PLAZA MOTEL-JAI AMBAMA •1930 COLLEGE BEAUMONT TX 77701 248.41' 189.56 104 32 106.86! - - -- 17604419139 NAYAT HOUSE INC _ 2675 MCFADDIN BEAUMONTTX 77706 IE_Xem _ IEXem t IExempf- IEXem t __ '26247204915 AUSTIN MOTOR HOTEL 590 N 11TH ST BEAUMONT TX 77702 407.101 433.07 370 83 7,302.28 �BEAUMONT COURTYARD BY _ - --_. 117213238409 IMARRIOTT 2275 IH 10 S BEAUMONT TX 77705 8,544.62 r 23,296.64 I 25,400.28 27 525.48(months due.Two more 16,000 _ .. ._ ..---.. - ..... .I ._ ..___._. --" _ . ... . . BEAUMONT FAIRFIELD INN BY ---- - mthly pay.- -- - ---- 17213238383 MARRIOTT 2265 IH 10 S BEAUMONT TX 77705 I 6,517.5_31 18,018.78 17,812.09 20,218.20Imont_hs due.Two more 1 12000 111341380878 BEAUMONT HILTON 2355 IH 10 S BEAUMONT TX 77705 66,073.81- 46,669 45 I 59,604.03 I 70,835.921 I (BEST WESTERN BEAUMONT INN-ALH - -- - 1752475749 ProQerties No One 2155 N 11TH ST BEAUMONT TX 77703 I 24 869.09 22,842 77. 25,869.14 I 23,525.47 I (BEST WESTERN JEFFERSON INN -- -- - - -- - 17524757493 'ALH Properties No One 11610 IH 10 S BEAUMONT TX 77707 I 21,563.301 20,692 66) 20,098 36: 1.8,979.86 L22MW 3624 (BUDGET INN-Jayesh Patel -.5375 COLLEGE ST BEAUMONT TX 77707 613.62 550.20' 612.94 689.50 1 - - 17412493292 CASTLE MOTEL�NO 11115 N 11TH ST BEAUMONT TX 77702 2,376.65 2,303 58 2,575.87 2,906.4 24595150616 CEDAR SANDS MOTEL 3515 COLLEGE ST BEAUMONT TX 77701 321.56 356.91 318.44 327.10 1 .17805272727 COMFORT INN _ j 1590 IH 10 S BEAUMONT TX 77707 13 336.40 10 299.26 • 4-11i A� -1n t 20,000 17604951750 (CROWN MOTEL INC 8685 COLLEGE ST BEAUMONT 7X 77707 1,690.46 1,661.11 1,6.42.59 1,734.00: Note on last report says j 3/14/01,new owner:Sonny DAYS INN Padmanebh,Inc.SOLD Thuthmkall:manager:Jackie .17603530043 13/14/2001 30 IH 10 N BEAUMONT TX 77702 7,559.00 5,196.0_0 4,504.00 (Blanchette 8_60-5228 5,000 24x`99033271 GRAND DUERR MANOR 12298 MCFADDIN BEAUMONT TX 77701 44.45 33 32 13.51 _ 21.00 _ 71 - 17805774193 HAMPTON INN-BEAUMONT _ 3795 IH 10 S BEAUMONT TX 77705 1 32 156.881 27,336 54 31,849.01 32,693.06I(proj includes 10,900 Pena 1Q900 r .-_ It HOLIDAY INN-BEAUMONT - - - - - . 17527804304 (MIDTOWN-Bass Hotels&Resorts 2095 N 11TH S7 BEAUMONT TX 77703 I 49,291.96 44,742 27 I 49,419.221 38,634.19 -- 1 - -HOLIDAY INN BEAUMONT PLAZA- ! 14315239518 IHOLIDOME-- - 39501H 10 S BEAUMONT TX 77705 I 61,306.71 62,724.56 67,810.73 7_5,634.38 HOTEL BEAUMONT 1625 ORLEANS ST - - - 0.00 26.32 I 0.00 000�- - - - x ;Managers: . ann INTERSTATE INN 11TH STREET 'x92-7722 or Gordan Latta 17605433295 �RAMADA-BMD Investmnts- 1295 N 11TH ST BEAUMONT TX 77702 5,515.661 6,064 75 1 5,067 , a ;=755 7440 5000 ,RAMADA LIMITED-CORPORATE INN- ,"' r °, s „a; ,:. q � F 17605700073 Iformerly Rodeway 4085 IH 10 S (Ne)t to Iron Skillet Truck Sto ) ? 28,000 30113945601 J&J MOTEL INC EASTER FRWY BEAUMONT TX 7770.6 1,954.14 1,835.40 2,167.27 2,014.81 17421232228 GgCKSON MOTEL 5660 COLLEGE ST BEAUMONT TX 77707 325.84 232.62, 256.07 290.09 _ I - -..._ - - - - -- - 10615192043 LA QUINTA INN#537 1220 IH 10 NORTH BEAUMONT TX 77702_- _27,262.05 1A 90 _ 26 850.17 27 110.76 __ __ _ _ • 117602704375 tMOTEL 6 1155 IH 10 SOUTH BEAUMONT TX 77701 20,444.14 18,638.331 19,973.66 20 652.13; - _ SCOTTISH INN-Bano Corp Pak Inn on j y . 117604569156 'State list 2640 IH 10 EAST BEAUMONT TX 77703 6,612.48 5,778.01 3,852.66 .,:.. <;,>.? ". 5000 17605894900 PREMIER INN AND SUITES _ 13715 COLLEGE ST BEAUMONT TX 77701 5,238.49 51944.11 5,579.04 5,514.39 - ays closed 6/99,missing 1 6/99.Fire Marshall approved 117606383382 RAMADA INN-formerly GUEST INN 1252_5 N 11TH ST BEAUMONT TX 77703 0 0 5,000 est _ 4,376.82 1st floor Aug 24 2000 5,000 24526087713 SPINDLETOP MOTEL 6005 S M L KING JR PKY BEAUMONT TX 77705 64.47' 95.06 _ 49.49 70.071 . - - --- - .. 1 - -- - -- -- - - . ...- -_.. ---- _.. 117606670564 !SUPER 8 BEAUMONT-Maredia Hotels 2850 IH 10 E BEAUMONT TX 77703 J�������� 7,206.00 12,124.00 SUPER 8 MOTEL-Brothers Motel Inc .17602830048 I Sold 2/13101 12850 IH 10 E BEAUMONT TX 77703 12,941.72 21,776,86 6,395.46 Dec 00 aid twice (10,888) 1760.5294219 TRAVEL INN=HARIOUM,Inc 2690 IH 10 E BEAUMONT TX 77703 5 21 4,184.561 5,318.42 6,981.36_ ! Missing 6/00(3,300 est),9/00 TRAVELODGE OF BEAUMONT 'Ng; 8 12/00.Fire Marshall says 17806437388 Enterprises Formerly Roadrunner 3985 COLLEGE ST BEAUMONT TX 77707 4,344.33 4,758.58 this one never closed. 15,700 382,621.84 376,132.69 395,064.93 405,026.78 111,712 Fire Marshall office-Sandra Trujillo 3905 1,153,819.46 1,558,846.24 1,670,558 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-53 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONTTO AMEND THE REPORTING PERIOD CONCERNING HOTEL OCCUPANCY TAX PAYMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 25, Section 25-53 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: 25-53. Reports. Hotels that owe less than $500 in hotel occupancy taxes to the City of Beaumont for any calendar month may report and remit the tax on the 20th of the month following each calendar quarter. Hotels which owe more than $500 each month or $1,500 for a calendar quarter must file their hotel tax report and remittance on the 20"' of the month following each calendar month in which more than $500 is owed. Such hotel shall report and remit the tax to the City of Beaumont's Cash Management Division. The required report must show the consideration paid for all room occupancies in the preceding month or quarter; the amount of the tax collected on such occupancies and any other information the City of Beaumont Cash Management Division may reasonably require. 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 GAMORDINANCIAMEN13125-53-Hotel Oc Tax 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 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16"' day of October, 2001. - Mayor - GAMORDINANMAMEND125-53-Hotel Oc Tax 3 Council consider amendments to the existing Animal Ordinance, Chapter 5, Section 54; Section 5-5; and Section 5-8 11 ce W ity of Beaumont of Agenda Item 'Z • g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 10, 2001 REQUESTED ACTION: Consider amendments to the existing Animal Ordinance, Chapter 5, Section 5 - 4; Section 5 - 5; and Section 5 - 8. RECOMMENDATION Administration recommends that Council approve the proposed amendments to the existing Animal Ordinance. BACKGROUND The current animal ordinance (Sec. 5 - 4) specifies that it is unlawful for any person to keep within the city more than two head of livestock, of any kind, in areas other than AR(agricultural residential) zoning districts. Section 5 - 5 of the code further specifies that such livestock must be maintained a minimum distance of one-hundred fifty (150) feet from any residence or habitation. It has come to the attention of staff that there are currently numerous locations throughout the city where more than two head of livestock are being kept in residential neighborhoods. The livestock at these locations consist of horses, goats, sheep and some cows. Most of these animals are kept on large tracts of land. The majority of these locations currently do not pose a health problem and have not resulted in any complaints from the neighbors. However, they are still in violation of the existing ordinance since the animals are in residential areas and in some cases are closer than 150 feet from adjacent property owners. The existence of these locations make enforcement in other areas where complaints are received very difficult. The Animal Health Advisory Committee has requested staff to consider the adoption of a city ordinance that would allow property owners to keep more than two head of livestock in residential areas if certain conditions are met. To keep such animals the premises and facilities used would City Council Page 2 October 10, 2001 have to be kept in a manner as to prevent the existence of any health nuisances. In addition, a variance in the one-hundred fifty (150) feet distance requirement could be granted by the Health Director if all property owners within 150 feet of the area where the livestock are kept give their written consent for such a variance. In preparing the proposed amendments, staff reviewed animal ordinances from five other cities in Texas, comparable in size to Beaumont. It was determined that most of these cities do allow livestock in non agricultural areas. In addition, most of these cities have ordinances which contain provisions concerning minimum acreage requirements for areas where livestock are kept. Amendments to the ordinance have been developed which have been reviewed and approved by the Animal Health Advisory Committee. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Health Director, Health Services Manager. RECOMMENDED MOTION Approve/deny proposed amendments to existing animal ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES TO AMEND AREA, DISTANCE, AND CREATING REGULATIONS CONCERNING THE KEEPING OF LIVESTOCK IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 5, Section 5-4 of the Code of Ordinances of the City of Beaumont be deleted and the same is hereby amended to read as follows: Section 5.4; Livestock Permitted, Number (a) Definition: For purposes of this article the term "livestock" shall mean any horse, mule, cattle, hog, sheep, goat, guinea pig, hamster, rabbit or similar animal classified as livestock. (b) It shall be unlawful, except as provided in Section 5.4 (c) of this Chapter for any person to keep, possess, or maintain, or permit keeping on any premises owned by him or under his control, any livestock within the City limits. (c) Area limitations and maintenance requirements for the keeping of livestock and poultry. The provisions of section 5.4 (b) shall not apply to the following situations: 1. Bona fide zoos, stock shows, fairs, animal judging and shows, and circuses 2. Bona fide public or private school projects, when conducted upon school property and under faculty supervision. 3. Facilities owned and used by a licensed veterinarian in connection with his practice of veterinary medicine. 4. Guinea pigs, hamsters, rabbits, chickens ducks or other animals or fowl of similar size which are kept entirely within an enclosed building, which building is of such design and material as to retain any noises or odors caused by such animals or fowl. 5. Livestock (other than hogs or pigs) which are kept in compliance with the following requirements: (a) Horses or other equine animals, as a private stable (not for commercial purposes) and other livestock and poultry may be kept on tracts of land with not less than twenty thousand (20,000) square feet. (b) Bovine animals maybe kept for personal use(not for commercial purposes) on tracts of land with not less than forty thousand (40,000) square feet. (c) Livestock which are kept as pets for non-commercial purposes only, shall be provided not less than twenty thousand (20,000) square feet of land area in the tract for each animal unit. The following animal units values are to be assigned to livestock, except for small animals described in subsection (c)4 above, in determining the number of animals which may be kept on a tract of land: Each Iamb or sheep 1/5 animal unit Each goat 1/6 animal unit Each horse or other equine animal '/ animal unit Each cow or other large animal 1 animal unit Offspring of equine animals may be kept for a period of eighteen (18) months and other livestock for a period of twelve (12) months, after birth before being assigned any animal unit values. (d) In connection with all of the above described exceptions, the premises and facilities used for the keeping of animals and fowls authorized to be kept under any of the provisions of this Section must be kept in a manner as to prevent the emission of odor or noise offensive to persons of ordinary sensibilities in the residing vicinity or the existence of any nuisance dangerous to the public health. Also, any premises and facilities used for the keeping of animals or fowls authorized to be kept under any provision of this section must be approved for such purposes by the Beaumont Public Health Department. Section 2. That Chapter 5, Section 5-5 of the Code of Ordinances of the City of Beaumont be deleted and the same is hereby amended to read as follows: Sec. 5-5; Minimum distance from dwellings, etc. The keeping on any premises in the city of any livestock not prohibited by section 5.4 (b), is prohibited unless the pens, stalls, or other facilities for keeping the same shall be so located that the livestock cannot come within one hundred fifty (150) feet of any dwelling, church, school, hospital or business building owned, used or maintained by any person other than the keeper of the livestock, or within five hundred (500)feet of any food service establishment or food processing establishment, regardless of ownership or occupancy of such establishment. A variance in the one hundred fifty (150) feet distance requirement may be granted by the Health Director if all property owners who have a dwelling, church, school, hospital or business within one hundred-fifty (150) feet of the area within which livestock are kept give their written consent for such a variance. Such variance shall specify the minimum distance requirement approved and shall not be less than seventy five (75) feet. This provision shall not apply to fowl which are kept in completely enclosed and solidly walled facilities, or to species of birds other than poultry. Section 3. That Chapter 5, Section 5-8 is hereby amended to add a new subsection 5-8(b) to read as follows: Sec. 5.8; Unclean animal pens, etc.--Generally (b) The maintaining or keeping of all animals within the City shall be allowed only if the presence of noise, flies, mosquitoes, insects, vermin, rodent harborage, odors, dust, ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material or any other objectionable matter or effect does not cause, create, contribute to or become a health nuisance. Section 4. 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 5. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2001. - Mayor - 4 Council consider amending Section 21-74 of the Code of Ordinances related to authorized positions in the Fire Department 09J.- Cat Y of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Michel G. Bertrand, Fire Chief MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 10, 2001 REQUESTED ACTION: Council consideration of an ordinance change to reduce authorized Grade I Firefighters by six positions from 106 to 100. RECOMMENDATION Approval of ordinance change by reducing authorized Grade I Firefighter positions in the Fire Department from 106 to 100 positions. BACKGROUND As part of overall budget reductions requested of all City departments, the Fire Department had proposed elimination of three Grade I and three Grade II positions. This reduction of authorized positions would result in a change in status of one aerial apparatus from front line to standby status and place it out of service approximately 90%of the time. This reduction of personnel and front line aerial apparatus was detailed in the memo to the City Manager and relayed to Council on October 2, 2001. Subsequently, cost savings have been recalculated and it has been determined that no significant benefit would be gained by the elimination of the three Grade II positions when compared to the elimination of three additional Grade I positions. Therefore, the request is for a reduction of six Grade I positions rather than the original proposal of three Grade I and three Grade II positions. The rationale for this change is found in the fact that if three Grade II positions were eliminated,the need to temporarily promote a Grade I to Grade II would be increased by an average of one upgrade each day. This would result in an increased cost of approximately $15,000 annually, negating any savings by eliminating the higher Grade II positions. BUDGETARY IMPACT The reduction of authorized Grade I Firefighter positions from 106 to 100 will result in a savings of approximately$306,000 annually. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief. RECOMMENDED MOTION Approve/deny a motion to reduce the authorized Grade I positions in the Fire Department, from 106 to 100 positions. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTION 21-74 TO AMEND THE NUMBER OF POSITIONS IN GRADE I IN THE BEAUMONT FIRE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Section 21-74 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Section 21-74. Fire Department The following number of positions in Grade I are hereby established within the Fire Department. All other positions remain unchanged. Grade Classification Proposed Positions I Firefighters 100 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. Section 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2001. - Mayor - 5 Council consider authorizing the City Manager to execute an Industrial District Contract with Arch Chemicals, Inc. W~IC51 City of Beaumont qw_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 11, 2001 REQUESTED ACTION: Consider authorizing the City Manager to execute an Industrial District Contract with Arch Chemicals, Inc. RECOMMENDATION The Administration recommends approval of authorizing the City Manager to execute an Industrial District Contract with Arch Chemicals, Inc. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The contract with Arch Chemicals, Inc. is for seven years beginning January 1,2002. The in-lieu of tax payments will be based on a ratio of 80%of property taxes due to the City as if the industry were located within the city limits in 2002-2004 and 75% of property taxes due to the City in 2005-2008. The 2002 payment by Arch Chemicals, Inc. will be in the amount of $56,775. Payments are due to the City by February the 1"of each year. The 2001 assessed value of Arch Chemicals, Inc. is $11,176,160. BUDGETARY IMPACT Industrial payments are estimated to total$11,728,700 in FY 2002 which are approximately 17% of the General Fund revenues. PREVIOUS ACTION The existing contract with Arch Chemicals, Inc. will expire December 31, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Economic Development Director. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute an Industrial District Contract with Arch Chemicals, Inc. THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and Arch Chemicals, Inc., its parent, subsidiaries and affiliates, hereinafter called"COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: GAMAGREEMEWom Corp-5-01.wpd 1 / 7 ARTICLE I. COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2002 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Arch Chemicals, Inc. properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term"assumed City taxes due"shall be calculated by the following formula: Assessed value T 100 x the current ad valorem tax rate by City Council of City = Assumed City Taxes due. 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2002 shall be in the amount of $56,775 and shall be due and payable on or before February 1, 2002. The 2002 payment is calculated as follows: Assumed City Taxes Due: $11,176,160 / 100 X 0.635 = $70,969 Year 1 80% of Assumed City Taxes Due = $56,775 Each October thereafter, the Finance Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2003, the 2003 assessed values shall be used for the February 1, G:\CGWGREEMEN\Olin Corp-8-01.wpd 2/ 7 2004 payment. This assessed value less exclusions shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment,without interest,will be made within thirty(30)days following such resolution. (b) After the assessed value of the Company's properties have been determined, the payment to City shall be 80% of assumed City taxes for the years 2002, 2003 and 2004 and 75% of assumed City taxes for the years 2005, 2006, 2007 and 2008. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date, the same penalties, interest, attorneys'fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. ARTICLE II. PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) GAMAGREEMEWain Corp-8-01.wpd 3/ 7 located on Company's real property as shown on the records of the Jefferson County Appraisal District which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE III. SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City under this Agreement. ARTICLE IV. CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in anyway cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation become effective if the annexation becomes effective after January 1 st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as GACGIAGREEMEWain Corp-8-01.wpd 4/ 7 to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or(c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V. TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be GAMAGREEMEMOIin Corp-8-01.wpd 5/ 7 breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VI. AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's"affiliates"and to any properties owned or acquired by said affiliates within the area owned by Company, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent(50%)or more of the stock having the right to vote for the election of directors. ARTICLE VII. TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2002, and ending on December 31, 2008. ARTICLE VIII. NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager Arch Chemicals, Inc. City of Beaumont P.O. Box 5204 P. O. Box 3827 Norwalk, CT 06856-5204 Beaumont, Texas 77704 GACMAGREEMEMOiin Corp-Mi.wpd 6/ 7 ARTICLE IX. CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 7 pages, is executed in duplicate counterparts as of this day of , 2001. CITY OF BEAUMONT, TEXAS By: Stephen J. Bonczek City Manager ATTEST: Barbara Liming City Clerk By: ATTEST: GACGWGREEMEMOIin Corp-8-01.wpd 7/ 7 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 16, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes Confirmation of committee appointments A) Authorize the acquisition of 18 parcels for the right-of-way for the FM 364/Major Drive Improvement Project B) Approve the purchase of one excavating and grading machine for the Streets and Drainage Division C) Approve the purchase of two asphalt patching machines for the Streets and Drainage Division D) Approve a six-month contract for the purchase of sodium hydroxide for the Water Utilities Division E) Approve the purchase of audio receiver boards and audio transmitters for the Beaumont Police Department's trunk mounted video camera surveillance systems F) Authorize the City Manager to execute all documents necessary to accept grant funding for the project titled "Safe and Sober S.T.E.P." G) Authorize the settlement of a claim H) Accept maintenance of the improvements in Westchase Village, Section One I) Approve a declaration of intent to reimburse capital expenditures CONSENT AGENDA OCTOBER 16, 2001 * Committee Appointments Donna Laird would be appointed to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect. The term would begin October 16, 2001 and expire October 15, 2003. (Councilman Andrew Cokinos) A) Authorize the acquisition of 18 parcels for the right-of-way for the FM 364/Major Drive Improvement Project The City of Beaumont, in cooperation with the Texas Department of Transportation is improving FM 364/Major Drive from State Highway 105 to State Highway 124. According to the agreement, the City acquires the property and is then reimbursed 80% by the State. The 18 parcels will be purchased by the City in the total amount of$391,485. A detailed staff report is attached for your review. The Administration recommends approval of the acquisitions. B) Approve the purchase of one excavating and grading machine for the Streets and Drainage Division The Administration recommends approval of the purchase of the excavating and grading machine through the Houston-Galveston Area Council (H-GAC) cooperative purchasing program. The contracted vendor is Hi-Way Equipment Company, Inc. The cost of the unit, including the H-GAC administrative fee of$2,654.50 is $183,014.50. A 1992 Gradall, will be replaced and disposed of according to the City's surplus equipment disposal policies. Funding for the purchase will be provided through a lease purchase agreement. A copy of the staff memorandum is attached for your review. C) Approve the purchase of two asphalt patching machines for the Streets and Drainage Division The Administration recommends approval of the purchase of two patching machines through the Houston-Galveston Area Council (H-GAC) cooperative purchasing program in the amount of $94,748.37. The new machines will replace two units purchased in 1994. The replacement units will be disposed of according to the City's surplus property disposal policies. Funds will be provided through a lease purchase agreement. A copy of the staff memorandum is attached for your review. D) Approve a six-month contract for the purchase of sodium hydroxide for the Water Utilities Division The Administration recommends approval of a six-month contract with Altivia of Houston for purchasing sodium hydroxide at the unit cost of$244.90 per dry ton with an estimated total contract expenditure of$73,470. Sodium hydroxide is a by-product of the production of chlorine, with market prices dictated by chlorine manufacturers based on the prevailing cost of production. Funds are available for this expenditure in the Water Utilities Division's operating budget. A copy of the staff memorandum is attached for your review. E) Approve the purchase of audio receiver boards and audio transmitters for the Beaumont Police Department's trunk mounted video camera surveillance systems The Administration recommends approval of the purchase of 45 Eagleye Model 700/800 audio receiver boards and 142 Eagleye Model 700/800 audio transmitters from Eagleye Technologies, Inc. in the amount of$34,600. In order to enhance and improve the audio recording capabilities of the existing video surveillance equipment, new and additional audio transmitters are required and the replacement of the existing audio receiver boards is necessary. Funds are available for this expenditure in the Police Department's Local Law Enforcement Block Grant Fund. A copy of the staff memorandum is attached for your review. F) Authorize the City Manager to execute all documents necessary to accept grant funding for the project titled "Safe and Sober S.T.E.P." The City has participated in the project titled"Safe and Sober S.T.E.P." for the past two years. The grant funding is provided by the Texas Department of Transportation to assist in highway safety enforcement. The City is eligible for funding in the amount of$27,488. The City would be required to match the grant amount. The $27,488 match is available in the Police Department's budget. The Administration recommends approval of this item. A copy of the staff memorandum is attached for your review. G) Authorize the settlement of a claim The Administration recommends approval of the settlement of the claim of Atrue Jackson in the amount of$5,000. Council authorized the settlement of this claim in executive session on October 2, 2001. A copy of the staff memorandum is attached for your review. H) Accept maintenance of the improvements in Westchase Village, Section One Administration recommends approval of the street, storm sewer, water and sanitary sewer improvements in Westchase Village, Section One. The improvements passed final inspection from all entities involved on October 11, 2001. A copy of the staff memorandum is attached for your review. I) Approve a declaration of intent to reimburse capital expenditures The Administration recommends a declaration of intent to reimburse certain capital expenditures from proceeds of lease purchase agreements. In the budget for Fiscal Year 2002, $2.5 million of capital expenditures were designated to be financed through lease purchase agreements. Lease purchase agreements must be executed within 60 days after receipt of the equipment to qualify for reimbursement of funds through a lease purchase financing agreement. Several pieces of equipment will be delivered prior to year's end. Reimbursement of funds through lease purchase agreements for these purchases could be jeopardized because of the 60 day limit and the City's non qualified tax exempt status through December 31,2001 due to the fact a municipality may not issue more than $10 million in tax exempt debt in a calendar year. However, the City may issue a declaration of intention indicating that it is the City's intent to purchase capital equipment and be reimbursed from proceeds of lease purchase agreements. The filing of this notice extends the time in which the lease agreement must be executed from 60 days to 18 months. Approving the City's intent to reimburse capital expenditures from lease purchase proceeds will result in lower interest rates and meet the IRS requirements for reimbursement of funds from lease purchase agreements. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item � m g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 9, 2001 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of eighteen (18) parcels of the FM 364/Major Drive Improvement Project. RECOMMENDATION The owners of the properties listed below have agreed to convey the properties for the right-of- way for the FM 364/Major Drive Improvement Project. All properties were appraised by Bishop Real Estate Appraisers, Inc. Parcel 2 0.195 acre out of S. Stivers Survey (6808 S. Major Drive) Total Appraised Value: $29,650 Owner: Keith Brandon Barnett Parcel 4 0.073 acre out of Tract 12-A, SP-9, S. Stivers Survey Total Appraised Value: $7,950 Owner: K. H. Phelan Land L. P. Parcel 5 1.148 acre out of Tract 25-D, Plat B-19, S. Stivers Survey Total Appraised Value: $126,250 Owner: Mickey Phelan B Land L. P. Parcel 6 3.225 acres out of Tract 1, Q. R. Beckman and Tract 1, W. R. Hebert Total Appraised Value: $51,950 Owner: K. H. Phelan Land L. P. Parcel 7 0.039 acre out of Tract 25-D, Plat B-19, S. Stivers Survey Total Appraised Value: $2,750 Owner: Mickey Phelan B Land L. P. Parcel 8 0.027 acre out of Tract 25-D, Plat B-19, S. Stivers Survey Total Appraised Value: $1,925 Owner: K. H. Phelan Land L. P. Parcel 9 1.935 acre out of Section 1, Tracts 2 thru 12, 16, 25, H. T. & B. RR. Total Appraised Value: $37,075 Owner: K. H. Phelan Land L. P. Parcel 10 0.130 acre out of Section 1, Tracts 2 thru 12, 16, 25, H. T. & B. RR. Total Appraised Value: $1,525 Owner: K. H. Phelan Land L. P. Parcel 11 0.195 acre out of Section 1, Tracts 2 thru 12, 16, 25, H. T. & B. RR. Total Appraised Value: $2,100 Owner: K. H. Phelan Land L. P. Parcel 14 0.369 acre out of Section 1, Tracts 2 thru 12, 16, 25, H. T. & B. RR. Total Appraised Value: $3,950 Owners: Mickey Phelan B Land L. P. Parcel 15 0.077 acre out of Section 1, Tracts 2 thru 12, 16, 25, H. T. & B. RR. Total Appraised Value: $800 Owner: K. H. Phelan Land L. P. Parcel 16 0.300 acre out of Tract 8, H. T. & B. RR. Total Appraised Value: $4,125 Owner: Mary Jane Phelan Parcel 17 1.017 acres out of Section 1, Tracts 2 thru 12, 16, 25, H. T. & B. RR. Total Appraised Value: $34,225 Owners: Mickey Phelan B Land L. P. Parcel 18 0.328 acre out of Tract 22, H. T. & B. RR. Total Appraised Value: $6,250 Owners: Mickey Phelan B Land L. P. Parcel 19 0.331 acre out of Lots 1-4, 8-17, 20, 22-26, 29, 32 Tract 1, Sprotts &Campbell; Lots 1-7, 10-14, 16 Tract 1, W. C. Tyrrell Trust, Plat B-19, Tract 25-C S. Stivers Survey Total Appraised Value: $27,750 Owner: Mickey Phelan B Land L. P. Parcel 21 1.31 acres out of Tract 20, SP-8, Plat B-18 C. Williams Survey Total Appraised Value: $36,010 Owner: Mickey Phelan B Land L. P. Parcel 23 0.099 acre out of Lot 1, Block 1, Willow Creek One (8390 Willow Bend Drive) Total Appraised Value: $16,900 Owner: Beaumont Willow Creek, Inc. Parcel 26 0.028 acre out of Tract 20, SP-8, Plat B-18 C. Williams Survey Total Appraised Value: $300 Owner: Mickey Phelan B Land L. P. Total: $391,485 Administration recommends authorization to acquire the property. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation is improving FM 364/Major Drive from State Highway 105 to State Highway 124. Construction is complete from State Highway 105 to Humble Road. According to the agreement, the City acquires the property and is then reimbursed 80% by the State. The acquisition of these properties are in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. Title policies will be purchased for each parcel. BUDGETARY IMPACT None. PREVIOUS ACTION Of the twenty-seven (27) parcels required for the final phases of this project, nine (9) have been acquired. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny resolution authorizing the acquisition of eighteen(18)parcels of the FM 364/Major Drive Improvement Project. phelan/j Id SUBJECT i✓�!!ow RIGHT—OF—WAY MAJOR DRIVE (FM 364) PARCEL *2 64 MQ, 0 W m 0.165 ACRE OUT OF S. STIVERS SURVEY (6808 S. MAJOR DRIVE) P� �9 124 d,�l OWNER: KEITH BRANDON BARNETT PARTIAL TAKING lRlNT, LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY T J t T COMPANY L435 Ac. Tr. ` FILE No. 103 - 30 - 0602 JERRY FREEMAN 1631 Ac. Tr. F3_E No. 103 - 9T - 1643 .:PROPO!t!ecoco n Cow , V 021!•00• w • � M6N6 M L.430A0 w 7.226.03 P.C.!TL 6.42.41 "' W. D. SMITH r P.T.STA.164 Al 3.00 Ac. Tr. E l VOL. 1968. P. TO TRISTATE OIL COMPANY i —1' 0. A.00-4 46 Tv,.Ift f !. rl•a {o• w. a 2.12 ° r ° 1 "F 176.u� — sE►IOIIOj 1126'If •'_ L tl6 t 4.11529.3"-L.!!. t 1 D . w 216.61 J '. ow !us I2t'ati rso• Iu0•I 02t i si•t �`• �•—� !•] t�•r 36.13 O • !•q•r I ill.43 o • trt.ii.. ,! • 107.ii P l3 � v '• r kh1>••tty P.TJTL&&41-4 PC STL smil Tl16 a' e AC-PARCEL42 SUBJECT 'rho RIGHT—OF—WAY MAJOR DRIVE (FM $64) D 6a PARCEL *4 0.073 ACRE OUT OF TRACT 12—A. 3P-6, bS` 3. 3TIVER3 SURVEY 124 P� OWNER: �S K.H. PHELAN LAND L. P. FRINT DRIVE PARTIAL TAKING LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY T•!11.01' ` P.C.tit.S-66A P.T.aI&N.GA !) 1. 0. SWTH A. K PHELAN AND KATHERINE PHELAN TRUST KI.TAi Ac. Tr. 19i�PrTO FILE No. 103 - 00 2093 STATE OIL Ca OF 1 « i p 1'111 7f'�1J M10'tl'S77 97U8706 11/r LOK 216.11' �P , BEG EXCEPTION rTT►it�11 - - - ►.T.$Tt.NASA war w. M709� —jo-fAt' [7[/itlt i!/11 Ltl[ \ AG-PAt:CCl1� SUBJECT RIGHT-OF-WAY ff 64 MAJOR DRIVE (FM 364) PARCEL #6 0 1.148 ACRE OUT OF TRACT 25-D, PLAT 8-19 s S. STIVERS SURVEY °i 124 P� 4 OWNER: FRINT DRIVE MICKEY PHELAN B LAND L. P. L-+ t PARTIAL TAKING LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY i p„„e.�so.00•roo.N•: l; �a.t�•ee•o• w� wos•n.,,- --, �. ._ _ �----_i•'��---__ '.'-_- - _ _ �--_. _ _ Jam— —. i'�•�`__-�. .e�.r 10.17 MITIM• Rn m T N / Z PATRICK HENRY PHELAN AND SAMUEL STIVERS LEAGUE WCHAEL ARTHUR PHELAN ABSTRACT No. 51 228.67 Ac. Tr. _ - --_ AG-PARCELAS SUBJECT WILLOW C BROOKS REEK eR�KS Q J Ir;((OK W Q 64 } BROOKS LOCATION MAP N.T.S. RIGHT-OF-WAY MAJOR DRIVE (FM $64) PARCEL *6 3.226 ACRE OUT OF F3-6-4-1 TRACT 1, O.R. BECKMAN AND TRACT 1, W.R. HEBERT z OWNER: K. H. PHELAN LAND L. P. Q w PARTIAL TAKING LEGEND ® SUBJECT PROPERTY AG-PARCEU6 SUBJECT WILLOW ti RIGHT-OF-WAY ti K MAJOR DRIVE (FM 364) PARCEL *7 a 8�F 0.086 ACRE OUT OF BROO � r TRACT 26-D, PLAT 0-16 3. 3TIVER3 SURVEY 9,p�OK S OWNER: MICKEY PHELAN B LAND L. P. PARTIAL TAKING 64 LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY oft'srod-w 212-as f1 ` L a !TINY f1IMfT Of MAY LINE 1 �� Y $ s•sa ta7�)7 r-* a•aati ^, f �'— wot•a �r — rR� a/ �• .� a n „MLA! Qr i11,J6 i�.$I rii.r.r ;!uz U Q' HENRY PHELAN AND m :L ARTHUR PHELAN FRANK PHELAN. TRUSTEE !28.67 Ac. Tr. P. N. PHELAN TRUST NO.1 :o. 100 - 28 - 1987 f 1446.87 AC. VOL. 1649.P. 392 FIRST TRACT OF TRACT IGHT - -- JAMS U F RP I r� • ' AUGU AG-PARCELS7 SUBJECT RIGHT—OF—WAY WILLOW MAJOR DRIVE (FM 364) K a PARCEL #8 a �� q� 0.027 ACRE OUT OF BR TRACT 26—D, PLAT B-16 r 3. 3TIVER3 SURVEY OWNER: K. H. PHELAN LAND L. P. PARTIAL TAKING 64 LEGEND LOCATION MAP N.T.S. ® 3UBJECT PROPERTY ANON.- cc •� .4 I'•�;' •moo x t� cr �o �► /w 9 *4 O . "-ISTIW IIIMiT f WAY LIN[ � ----T — -. —r--�--rte'' —'-v--- � __ —♦=-��--��' _ ! p } V ae t z t se. / mcionw-* e ee-rr ro:•te :e-o ' ttT. 4 T S� `y ..n .,.... HENRY PHELAN AND L ARTHUR PHELAN J 28.67 Ac. Tr. FRANK PHELAN, TRUiTEE o. 100 - 20 - 1987 �. P. N. PHELAN eT AC. NO.1 P. 36t R FIRST VOL. 164 TRACT F TRACT'EIPHT � 1+a a - JAMES OF' RPI- co 'r AUGU dim AG-PARCEL49 SUBJECT GL EAGLES WILL W 2 RAL M AN = UN 2 RIVI H A r i VF CQ� WILLOW � R� £K H TURN a ym CIRC r a ` CIR Q TOR ��� A Z PINE c F��I PALM FBEq DUNE A ~ BROOKS O _J ?o L❑CATION MAP 4~ DORAL N.T.S. �� MERI MAHQ AN M R Q uN Z RIVI A ITV 35 RIGHT-OF-WAY PARCEL #9 WILLOW MAJOR DRIVE (FM $64) PART 2-\ c�EEk PARCEL #6 <L Q' W 1.636 ACRE OUT OF W �v SECTION 1, TRACTS 2 PARCEL #io-\l THRU 12, 16, 26, H. T. A B. RR. PARCEL #9 PART 1 —\ OWNER: K. H. PHELAN LAND L. P. u PARTIAL TAKING BR�Oks LEGEND ® SUBJECT PROPERTY AfrPARCE��9 SUBJECT D RIGHT—OF—WAY R gr MAJOR DRIVE (FM $64) _ "A AN R �` PARCEL *10 z Rlvi Ach o ? WILLOW lq� Gp f K v D_ 0.180 ACRE OUT OF SECTION 1, TRACTS 2 THRU 12, 16, 26, AFB H. T. A B. RR. y A� BROOKS " fC OWNER= K. H. PHELAN LAND L. P. BROs PARTIAL TAKING LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY ►Rp�(/T7 LK 10 AC.TRACT 10 PATRICK H. PHELAN AND MICHAEL A. PHELAN, TRUSTEES A A. M. PHELAN TRUST "A' FILE No. 102 - 89 - 0882 9.97 AC.REM. UO PART FRANK PHELAN. TR P. N. PHELAN TRUS 397.53 Ac. T > VOL. 1649, PG. E 3RD. TRACT OF TR t 393.393 AC o O ♦I��' f >eyJ 4 44'`,�r 4t•�c�,, n tnn �� N 02'31'29'M 146.00 A/W NO2'31'23'W 1307.63 f O9 PART I a 1�W NO2'34'36'W 1371.30 .r.1 N 02 34'99 M 143.00 �~ SURVEX-LIfiz NO2'31'23'W P� ROPOSED CENTERLINE♦ AG-PARCEL610 SUBJECT KS CIR. RIGHT—OF—WAY *D s MAJOR DRIVE (FM $ao) PARCEL *11 DpRAL EAGLES 3 L h R MAHO AN � 'pt VI 9Cti r 0.165 ACRE OUT OF L c a 0 SECTION 1, TRACTS 2 WILLO q� THRU 12, 16, 259 cRffK H H. T. AB. RR. �`� �; a OWNER: K. H. PHELAN LAND L. P. AR PARTIAL TAKING BRpOKS " r LEGEND LOCATION MAP N.T.S. j SUBJECT PROPERTY ibG o � TACT No. 8 C.E MAOOOX ►� =M• 0.39 AC Tr, i o VOL10,ft P.374 12 = 0.312 AC.REM. 1 lb �0 1 1 ss e� 1' ,IF 6 N op.PARCEL Q °n i F w 1 ZSj ',•yes NO2'31125"N 933.70 / N 02'31'25'W 215.20 r ... ..� .. -.a '•` 82.00 PART 2 /� 12i'i� � y• I3 NO2'34'Si'Yr l33.BC I 107.09 • N 02 03'!0 N 215.22 n10Z'3r33'9f'L' —`� 2N0``—'Sr33 Im yr vn PROPOSED CENTERLINE NO2'31.2i W 3022. s n W Q Y. J J AG-PAKELGII SUBJECT RIGHT—OF—WAY o MAJOR DRIVE (FM 864) 1 ; PARCEL *14 >n s cN1. WALDEN KEMPER J O 3 GL NEAGL �? RAL 0.866 ACRE OUT OF h``MA N R `, SECTION 1, TRACTS Z Z RI cy THRU 12, 16, 26, o r z H. T. is B. RR. WILLOW q CiQf fK vi 0. RAYMILL OWN MICKEY PHE ANEB. LAND L. P. a °'�v c1acLE PARTIAL TAKING LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY N 14 _ FRANK PHELAN. TRUSTEE n P. N. PHELAN TRUST No.1 0 23.00 Ac. Tr. « N VOL. 1649, PG. 362 2NO. TRACT OF TRACT No. 6 24.631 AG REM. 0 z I i i w ' o w H � N I p _ TTA.w.al.W 4 SZ .1't �4`\ '• STA.nl{'.79.96 "m r y' 82.00 r N 02'31'20'96 235.1 / N 03'03'22'96 177.01 ,63' �i QIA9 7. i '1 9602 '10 4 89 3r33'w Flo v:rat N 62 62 26'96 412. IBP.PARCEL 13 N0Z'31'23'W No '92.22'W _ PROPQ P.I. STA. lit-79.90 &.00'33'97' I.T. � Y h EXISTING R/W LINE 102'31'28'W 3022.00 NO3'10'07'W AG-PARCEL814 SUBJECT N RIGHT—OF—WAY E ° MAJOR DRIVE (FM $64) PARCEL *16 WALDEN ~ p KEMPER J J `24 RAL 3 GL NEAGL 0.077 ACRE OUT OF MA AN Rl SECTION 1, TRACTS 2 = Rl cy z ti THRU 12, 16, 26, 0 46 H. T. ale B. RR. WILLOW CITE•fK '� a HAYMLL OWNER: CIRCLE K. H. PHELAN LAND L. P. PARTIAL TAKING LEGEND LOCATION MAP -- N.T.S. ® SUBJECT PROPERTY a � a • � i a n � n W MARY JANE PHELAN x ,v'• e~ 24.54 Ac.Tr, y VOL 2063. P.379 L47 Ar–REM. et.PARCEL M T �N•03'OS•22'w S0o.40_ 8 Ro�ros22 w wicar � 's� N 03'OS'22'w 311.8 • • `"''a' • ' PROPOSED JVW LM 42.13 16 ►° PART I t>asTHC R/Y/L �r.o 03'62 s8 w 3.11.12 '� NOP10'4e �� OP.PARCEL 6 1r.PARCEL A►T.1 SURVEY LN—E Rosros•rr-w — EXISTING R/W LNE R1o�•R o•o�-w X83.JT— ��- rouw �.. .ST ,• w• C AGPARCELeIS SUBJECT RIGHT—OF—WAY o MAJOR DRIVE (FM 884) T E PARCEL *16 =P `x` s m WALDEN ~ O i KEMPER J O AL 3 GL NEAGL R 0.300 ACRE OUT OF h MAN N R �cv TRACT 8, H. T. k B. RR. z RI cy Cp g� WILLOW OWNER= CIRCLE L MARY JANE PHELAN PARTIAL TAKING LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY 22.69 C.REM. no v. s ne • f �O 1�f _ O p - a , N W e ��t• �' MARY JANE PHELAN z •�� �~ 24.54 Ac.Tr. .4'�' VOL 2063, P.379 {��' '► L47 AC.REM. • n OP.PARCEL r KT ULICAP • .1110 T uJt►I oil A. ,H 63.05.22-W 100.45—� s�►'x N 03.03'22'. 311.88 .0311'22'1 $IA.aa.M9 •2.13 -' m n '. quo T PART I N .2 21.7,.7=., r s2.re j NoP10.41 M.P.PARCEL a /t,PARCEL R PT.1 rr v. 1utvEr >+os•ossrw us -- AG-PARCELa16 W c W flf m m � _ = no `ono Ed q = cpr � m � r a c -4 m z o -1 ,� z > � v �M IS A m = m X0 -1 � m ,�i Z A AMLA Z > > C 3 BEAUMONT CITY 0 v Z )p . . -Ally v r o am a m r a -4 �W y�o° �a '•� �a zoo Tr. ::NT' .ReFelte artfALlAa c1A)1 4 VOL O]].Ac►.To r.c rtA.Rf•f!)• a erfaW Ai. ./J lfT1 AC.'*M F.T.fiA.RA•AfD) M rtMi •./ e1a]1 PP',7,n&9;,9f.).4, H.T.L B.R.R.SURVEY SECTION NO.1 r ABSTRACT NUMBER 138 ©FARTS I&f t @FART S FRAW PHELAN.TRUSTEE �, FRA1K IIKLAM,TRUST[[ El P.N.FNELAN T'. MF.1 - ►.IL►VELA%TRUST N.1 1 t O fief Aa.Tr. VOL.Ke41,►41,341E E 4 . Tr. � w« KT.TRACT OF TRACT IM.41 VOL Kfe,rf..]41t LUG,TRACT OF TRACT Ne,I O '� a1NaKO fa zAG RM '1 14 rid Waef>,x•A 1 „e.e•u•e aoi.0 / ��. a ererao'Ar.A.:aoean A.r:saf AA UN a ewlx AT.A•ueui A.amw O«IlorasT StSir ZC Ills M 31 earevre _� 'i —�e3rriTO�."Til.•fA— —� ', 1—it-,iuiai• r_e rA•� tf'T �� r rt.l ti w r. �'• _ / •I�c-su. nc:f:-T RoFew uu*URac I.T.lTa,lw•N.01 F.<,tTA.IH•If.tl 8 5 777 �� � � � �� �..'1 �—+S M 0�-�e�1�.•If 1 -- •—•c- —w oS'S.a•�'+ion soroa•w•A.1ewa.al i.fao.w wW�wa•oa•n•r fw.fe Ilamor SAMUEL STIVERS LEAGUE 1 ABSTRACT NUMBER 51 .e 19 SUBJECT RIGHT—OF—WAY o MAJOR DRIVE (FM $64) PARCEL #16 fs WALDEN o KENPER J `=O AL 3 GL NEAGL ? 41 0.326 ACRE OUT OF y�MAN N R TRACT 22, H. T. it B. RR. _z RI Cy r h WILLOW !q� CL BAYHILL OWNER: a o4A U CIRCLE MICKEY PHELAN B LAND L. P. PARTIAL TAKING ���' LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY f Cu C ,mi m iu a FRANK P m P. N. PHI a 82 O VOL. I "o Q y 1ST. TRAI w af ' o e . r•I a•• ARCCL s y Rom r&A CAP P.C.an 24.42.74 22.69.74 XT vicar KT U/W a Lr. NO3.00'22W ,ra ea.x+a N 03'05'22*W 307.83 naa«as.s�l ► •2.13 n � O 17 m m PART I / 82.1a rw.w•u. NOM-4" N 03-18-00w Ut.aa rw r:R MCFL APT.1 PARCEL M 0 ao �— N 72- '347N 300.78 lOT :.11. / SET TI 6.w�wf., SFT .. './ taP rC.it&.4t•_I T♦ !'A. )1.01' AG-PARCCL416 SUBJECT Li a i RIGHT—OF—WAY a wlc MAJOR DRIVE (FM 364) A WILL W V PARCEL *19 ELIX a 0.331 ACRE OUT OF LOTS i Z 1-4, 8-17, 20, 22-26, 29, 32 C1RC a 3PROTT$ & T7 CAMPBELL Z TIROS T a TRACT 1, WA DEN p � LOTS 1-7, 10-14, 16 s t tR_ TRACT 1, W. C. ` TYRRELL TRUST, PLAT B-16 pt 3 GJ L pEAGtES TRACT 26—C 3. 3TIVER3 SURVEY �� D� ERIDN h MAHQ AN RT a UN q OWNER: ? Rev, A Cy z o MICKEY PHELAN B LAND L. P. ie 1ti�F 3 co<o WILLOW PARTIAL TAKING �RffK y LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY SURVEY LNE t -01 sxw No I d. PROPOSED CENTERLNE P.T. STA.134•04.07 P.C. iTA.131.18.21 g ' d _ .•), � 1x0 f V. EXISTING R/W A IME NO2'34'34'W % 840.17 A.02'03'30' R.22043.31 L•620.64 CHOR0:NO2'03'37-* S20.i0 NO 0(2 PARCEL I� 21T n. xr.rA. '\ SAMUEL STIVERS LEAGUE ABSTRACT NUMBER 51 0 • 19 3 FRANK PHELAN.TRUSTEF P F N IeT Yo.1 — r 1446.3 Ac. VOL. 1649,PC,,362 [ST.TRACT OF TR',^,T N-. 6 1446..39 AC.P._... I AG-PMtCEL*19 SUBJECT W !v� a a RIGHT—OF—WAY WILL MAJOR DRIVE (FM 3e4) ELIXX PARCEL #21 i H a It = 1.51 ACRE OUT OF �/A DEN **o z I TRACT E0, 3P-3, PLAT 0-18 C. WILLIAM3 3URVEY > GL N EAGLES AL MANO AN OWNERS RIVI qcN MICKEY PHELAN B LAND L. P. W L OW PARTIAL TAKING REerc LEGEND LOCATION MAP N.T.S. ® sUBJECT PROPERTY ' 03*0 47.D0�9'0__ T'M N 0�n�N' N 62- 130.4 s H 02'10.474 Imo- _M 07.46'!6'11 i >e��e 1 F — "ei 10 s `i%I0T 1�N•RIM LINt j i cl I m. PROrosEO CE1(TERLINE ,— — i. ..J � . . :.: ..1 4 02.43'247 1325.I6, EXISTING RIM LIME [%ISTING RIGHT 0 MAT = LI4 / PROPOSED RIGHT or MAT LINE a •1� 'e n AO T.I•.•rr. PROPOSED CENTERLAE CURVE e n''«•• G•Or4!'SI•LT. n R.22SW31 3 L•721.16 FRAVw PHELAN TRUSTEE T.717.31 P. N.PH ELAI;TRUST N0. 1 P.C.l TA.Of-021 10 AC.TRH(154.10 ORIGINAL ACHES)o P.T.STA.$43.41.77 VOL.1649,PC, 3SZ TRACT N0.7 C. WILLIAMS SURVEY 14l.f/! l RE11. ABSTRACT NO. 59 Ce FRANK PHELAN,TRUSTEE PHELAN o 151.10 AGTR. (154.0 ORIGINAL ACRES) VOL.1649, PG. 362 TRACT No. 7 149.969 AC.REM. I•.I'wn.In 1 4u.I•••a o-� AG-PARCEL68I SUBJECT MONICA PEVI ❑ RIGHT—OF—WAY LNVA CANAL W RIL MAJOR DRIVE (FM 864) BAKER zW z PARCEL #Z' Z z Z a' 6 Q CASEY HUMBLE a 0 0: CA JONES Z U W Q J 0.000 ACRE OUT OF W a LOT 1, BLOCK 1, of WILL V° Ar WILLOW CREEK ONE (6500 WILLOW BEND DRIVE) FELIXa W Z t RRY 0. OWNER: IW5 v BEAUMONT WILLOW CREEK, INC. P l a � PARTIAL TAKING GLE LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY 1 02'10'39'1 N 02'39'21'1 N 02'35'25'1 N 02'35'20'1 N 02'55'57'1 N 02'05'07.1 N 02'55'57'1 N 02'55': 74.89 r�75.35 75.30 :��5.00 75.00 73.00 75.00 10.00 PRO"IEO CENTERLINE Iw 1l.PARCEL 24 row Fow a rev" L r. .� L F. r m N a 24 5 51 w 1 .lO —�. { 71{ N 02 50.51.A'140.44 'S1 x 2 140.44 7ulrfJr.O.GII'.4RlfT,., v lf.{CR!a N02130•31lw 534.84 moo- ;'r" 7T{ frR7.11 V 3 OCT I.A. ✓ 75.00, ..'. att I.R.w LOT 1 BEAUMONT WILLOW CREEK INC. LOT L BLOCX I 3 VOL 2122.P.331 u LOT I t _ = 0.243 AC.REM.LOT I .. ,,.. °I ml�m z of m c 3ioo ` w 1 Jo Ir m _ LnT it I{ ry i.•. THE EVANGELICAL LJT.f v OF THE UNALTERED AU m OF THE CITY OF B r y 4934 A FILE No.104 rows 4.573 AC. LOT 37 1►-l R. --j II{I W CREEK ONE ACr-PARCEL823 SUBJECT JEAN RIGHT—OF—WAY M C INGBIRD MAJOR DRIVE (FM 884) MONICA PEVI OT PARCEL G26 LNVA CA NAL ERII. BAKER zw ? a z @L o =a to ° H BLE a 0.028 ACRE OUT OF CASEY °z W go TRACT 20, 3P-8, PLAT 0-18 JONES m z J C. WILLIAMS SURVEY � yi�a Of W Of WILL Va 4,qY FELIX;d , Nd OWNER: > MICKEY PHELAN B LAND L. P. c S 01L P TTO PARTIAL TAKING LEGEND LOCATION MAP N.T.S. ® SUBJECT PROPERTY L 11 5'S7'N N 02'55'57'11 I N 02.55.57-K N 02.55'S7'M N �2'S5'S7'M N 02'95'67'11 N.02'29.07'11 i LINE 75.00 75.00 09.43 110.00. 70.00 •� 70.4i .� 1 �'23'F•3b•b rERLINT _ 03 — r- �1 a Nor55rc4o' '' ZM02-33e-40-W '02-20-9 --780 o 52 'E 2aa5 U07z b NO2.50.5rY —:� l 1 n 334.84 �`� 41.is f�b 1 1 a>�f A � St. JO�'t11 •rye. 'e I i ,Z ryry r y�7 I � 3 � o �• 3 J.K PHELAN • .' w1?0 % VOL 396.P.321 C. WILLIAMS SURVEY 137.052 AC.REM. ABSTRACT NUMBER 59 i rr o AG-PARCE1.4126 B City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 4, 2001 REQUESTED ACTION: Council approval of the purchase of one (1) excavating and grading machine. RECOMMENDATION Administration recommends the purchase of one(1) excavating and grading machine for the Public Works Department, Streets and Drainage Division, through the Houston-Galveston Area Council (H-GAC) cooperative purchasing program. BACKGROUND The excavating and grading machine to be furnished is a Gradall Model XL3100. The telescoping boom excavator is capable of digging, lifting and moving earthen materials. The excavator is primarily used in the maintenance of ditches to alleviate drainage problems. The contracted vendor is Hi-Way Equipment Company, Inc. The cost of the unit, including the H- GAC administrative fee of$2,654.50, is $183,014.50. Warranty service will be provided by Hi-Way Equipment Company in Houston. The standard warranty is one (1) year. Delivery of the unit will be within two (2) weeks. Unit 5074,a 1992 Gradall,will be replaced and disposed of according to the City's surplus equipment disposal policies. Purchase of excavating and grading machine October 4, 2001 Page 2 BUDGETARYIMPACT Funding for the purchase of this unit will be provided through a lease purchase agreement. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED ACTION Approve/Deny the purchase of a Gradall Model 3100XL through H-GAC in the amount of $183,014.50. c N••N City of Beaumont Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 11, 2001 REQUESTED ACTION: Council approval ofthe purchase of two(2)asphalt patching machines. RECOMMENDATION Administration recommends the purchase of two(2)Crafco AMZ"Magnum"Spray Injection Patching machines for the Public Works Department, Streets and Drainage Division through the Houston- Galveston Area Council(H-GAC) cooperative purchasing program in the amount of$94,748.37. BACKGROUND Asphalt patching machines are used in the repair of streets. The machine's high pressure system produces a permanent patch superior to the manual patching process. The process consists of cleaning and drying the area with air delivered at high pressure, spraying hot asphalt emulsion in the area and then spraying the area with coated aggregate at high pressure to assure compaction. The Crafco units are trailer mounted and contain a 250 gallon emulsion tank. The price of each unit is $46,612.50. In addition, the H-GAC administrative cost is $1,523.37 for both units. The new units will replace two (2) AMZ units purchased in 1994. The replacement units will be disposed of according to the City's surplus property disposal policies. Units will be provided and warranted by Crafco. A standard one year warranty is provided for the units. Delivery is expected in forty-five (45) days after receipt of order. BUDGETARY IMPACT Funds will be provided through a lease purchase agreement. PREVIOUS ACTION None. Purchase of Patching Machines October 11, 2001 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny the purchase of two (2) Crafco AMZ"Magnum"spray injection patching machines in the amount of$94,748.37 through H-GAC. D . ! City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 9, 2001 REQUESTED ACTION: Council approval of a six (6) month contract for the purchase of sodium hydroxide. RECOMMENDATION Administration recommends award of a six (6) month contract to Altivia of Houston, Texas, for purchasing sodium hydroxide at the unit cost of $244.90 per dry ton with an estimated total contract expenditure of$73,470. BACKGROUND Bids were requested for a six (6) month contract for sodium hydroxide for use by the Public Works Department, Water Utilities Division in the water production process. Six (6) months is the longest period for which vendors will provide firm pricing due to the historical price volatility of sodium hydroxide. Sodium hydroxide is a by-product of the production of chlorine, with market prices dictated by chlorine manufacturers based on the prevailing cost of production. Bid notices were provided to 38 vendors with six (6) responding with bids as reflected below. All bidders met required product certifications. COMPANY PRICE PER DRY TON TOTAL ESTIMATED COST Altivia $244.90 $73,470 Houston, Texas DX Distributors, Inc. $253.33 $75,999 Houston, Texas Six(6) Month Contract for Sodium Hydroxide October 9, 2001 Page 2 COMPANY PRICE PER DRY TON ' TOTAL ESTIMATED COST Skyhawk Chemicals, Inc. $270 $81,000 Houston, Texas Bates Chemical $275 $82,500 Crosby, Texas Harcros Chemicals $276 $82,800 Houston, Texas Kahn Chemical $279 $83,700 Stafford, Texas The contract provides for the vendor to furnish approximately 300 dry tons of sodium hydroxide at a fixed unit price of$244.90 per dry ton, with a total estimated expenditure of$73,470 for the contract period. The prior contract period cost for sodium hydroxide was $363.58 per ton. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Public Works Director. RECOMMENDED MOTION Approve/Deny award of a six (6) month contract for purchasing sodium hydroxide to Altivia at the unit cost of$244.90 per dry ton. E, City of Beaumont C Council Agenda Item 'M E g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 10, 2001 REQUESTED ACTION: Council consideration of the purchase of audio receiver boards and audio transmitters for the Beaumont Police Department's trunk mounted video camera surveillance systems. RECOMMENDATION Administration recommends the purchase of forty-five(45) Eagleye Model 700/800 audio receiver boards and 142 Eagleye Model 700/800 audio transmitters from Eagleye Technologies, Inc. in the amount of$34,600. BACKGROUND City Council has previously approved purchases of Eagleye Technologies video surveillance equipment beginning in 1994. The video recording equipment is currently mounted in forty-seven (47) patrol cars. Only one officer assigned to each car wears an audio transmitter body pack. The equipment is used to record all traffic stops and disturbances, and serves as a tool to enhance officer safety. The video tapes are also used as evidence in court as they provide a fair and impartial account of an incident. In order to enhance and improve the audio recording capabilities of the existing video surveillance equipment, new and additional audio transmitters are required and the replacement of most of the existing audio receiver boards is necessary. The additional audio transmitters will provide each patrol officer an audio transmitter body pack thus increasing audio documentation. Forty-five(45) of the forty-seven (47) existing trunk mounted video camera surveillance systems require a new upgraded audio receiver board to enable the additional audio recordings. BUDGETARY IMPACT Funds are available for this expenditure in the Police Department's Local Law Enforcement Block Grant Fund. Police Surveillance Equipment October 10, 2001 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Police Chief. RECOMMENDED MOTION Approve/Deny purchasing forty-five (45) audio receiver boards and 142 audio transmitters from Eagleye Technologies, Inc. in the amount of$34,600. City of Beaumont Council Agenda Item A L TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Scofield, Chief of Police MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 8, 2001 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary to accept grant funding for the project titled "Safe and Sober S.T.E.P.". RECOMMENDATION Administration recommends authorizing City Manager to execute all documents necessary to accept grant funding for the project titled "Safe and Sober S.T.E.P.". BACKGROUND In September, 2000, the City Council passed a resolution authorizing the city to apply for matching funding for a "Safe and Sober S.T.E.P." grant project. The total cost of the project was Fifty-Five Thousand ($55,000)Dollars with grant funding paying 60% ($33,000) and the City paying the 40% match ($22,000). The funds are for salary (overtime) and City's match would be from the police budget. Grant funding was approved. The City has now been advised that third year funding in the amount of twenty seven thousand, four hundred eighty eight ($27,488)dollars has now been approved. The city would be required to provide a 50% match in the amount of twenty seven thousand, four hundred eighty eight ($27,488) dollars, from the Police Department budget. BUDGETARYIMPACT City would fund 50% ($27,488) of the grant from the police budget. PREVIOUS ACTION Resolution00-214 authorized the City to apply for the grant project. SUBSEQUENT ACTION Resolution 00-214 authorized the City Manager to accept the grant. RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Approve resolution authorizing the City Manager to execute all documents necessary to accept grant funding for the project titled "Safe and Sober S.T.E.P.". Texas Department of Transportation 8350 EASTEX FREEWAY•BEAUMONT,TX 77708•(409) 892-7311 October 3,2001 FY 2002 - Safe & Sober STEP City of Beaumont 580xxF6014 (02)01-01-02-A1-CF Sgt. Michael Earney STEP Project Manager Beaumont Police Department 700 Orleans Street Beaumont,Texas 77700 Dear Sgt. Earney: The original traffic safety grant agreement between your city and the state of Texas for the above Safe &Sober STEP was executed without a detailed budget and action plan for FY 2001 or FY 2002. Amendment#1 was executed earlier this year to include the budget and Action Plan for FY 2001. However, another amendment must now be executed to include the FY 2002 budget and Action Plan. Therefore, attached are two originals of Amendment#2 for this grant. Please have the proper city officials sign these amendments and return them both to me. I will forward you a copy for your files after final signing by our district engineer. Also, another resolution must be passed by your city for FY 2002. I have attached a copy of Resolution 00-214 that allowed your city to participate in the STEP grant for FY 2001. If you have any questions,please contact me at (409)898-5719. Sin rel 1 z - Georgette, . Pillitere Traffic Safety Specialist 9mP attachments c:District Files Save a Life - Buckle Up! An Equal Opportunity Employer RESOLUTION NO. Oe::E2? BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle accidents which often result in loss of life or personal injury; and WHEREAS, traffic safety enforcement and encouragement of safe driving habits is a significant goal of the Beaumont Police Department; and WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement for second year funding in an amount not to exceed Thirty-Three Thousand ($33,000) Dollars with a City match of Twenty-Two ($22,000) Thousand Dollars pursuant to the project titled "Safe and Sober S.T.E. P.": NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: MACGWESOLUTIITMOTGRT.RES THAT the City Manager of the City of Beaumont be, and is hereby, authorized to execute all documents necessary to accept the project titled "Safe and Sober "S.T.E.P." and take such action as necessary to implement the project which has effective date of October 1, 2000 through September 30, 2001; and, Accept and disburse the federal reimbursement grant funding in the amount not to exceed Thirty-Three ($33,000) Dollars to be matched by City funding in the amount of Twenty-Two Thousand ($22,000) Dollars; and, Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "Safe and Sober"S.T.E.P." project. PASSED BY THE CITY COUNCIL of the City of Beaumont thi!'rthe f�5,4/ day of 2000. 1 �)y� - Mayor- GACORESOLUTI MOTGRT.RES Misc. Contract 580XXF6014 Charge Number 02-01-02-A1-CF PIN 1-746002789023 AMENDMENT#2 TO GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS AMENDMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation,hereinafter called the Department, and City of Beaumont, hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. WITNESSETH The Department and the Subgrantee executed a grant agreement on October 1,1999 to conduct a traffic safety project generally described as Safe & Sober STEP; and, On the front page,the grant agreement specifies that the grant completion date is September 30, 2002, unless the grant is terminated or otherwise modified; and, The Agreement establishes the maximum amount payable under the grant agreement as $98,957.00 unless modified in writing through an amendment to the grant agreement; and, Attachment A to the grant agreement includes the Approved Project Description for the project; and, The grant agreement was executed without an Action Plan for fiscal year 2002. An Action Plan is submitted for fiscal year 2002. Attachment B to the grant agreement included the Approved Project Budget for the project; The grant agreement was executed without a detailed budget for fiscal year 2002. A detailed budget is submitted in the amount of$54,976($27,488 from federal funds and$27,488 from local funds)for fiscal year 2001 NOW,THEREFORE,premises considered, the Department and the Subgrantee agree that the grant agreement is amended as follows. AGREEMENT ♦ Attachment A, Approved Action Plan, is revised as follows: Action Plan for FY 2002 is attached. ♦ Attachment B,Approved Project Budget, is revised as follows:Budget for FY 2002 is attached 04-AMEND.DOC(1/97) Page—of THE TEXAS TRAFFIC SAFETY PROGRAM AMENDMENT TO GRANT AGREEMENT Misc. Contract Number 580XXF6014 All other provisions remain in full force and effect, unchanged by this amendment. IN WITNESS WHEREOF, THE parties to this amendment have signed duplicate counterparts. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and THE CITY OF BEAUMONT approved for the Texas Transportation (Legal Name of Agency) Commission under the authority of Minute Order No. 82513 and Stand- By ��� Alone Manual Notice 98-3 for the (Author zed ature) purpose and effect of activating and/or carrying out the orders,established policies or work programs heretofore S�� ►i��e _� AC,'//?L Z C L approved and authorized by the Texas (Name and Title) Transportation Commission under the authority of Minute Order No. 100002. Date 9 - (� By Walter O. Crook,P.E. ATTEST: Beaumont District Engineer Texas Department of Transportation (Signature) Date (Name and Title) Under authority of Ordinance or Resolution Number 04-AMEND.DOC(1197) Page—of FY2002 ACTION PLAN OBJECTIVE: To conduct a Safe&Sober STEP in TIIE CITY OF BEAUMONT by September 30,2002. KEY: P=planned activity C=completed activity R=revised Administrative and general grant requirements. ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY JN 1L AU SE O( NO 1. Requests for Reimbursement submitted. Subgrantee P P P P 2. Performance and Annex Reports submitted. Subgrantee P P P P P P P P P P P P 3. Grant progress review meeting. Subgrantee&Department P P 4. Conduct on-site monitoring visit. Department P 5. Submit Cost Assumption Plan. Subgrantee P 6. Administrative Evaluation submitted. Subgrantee P 7. Conduct speed surveys and submit with Subgrantee P Operational Plan for approval. 8. Conduct post speed surveys. Subgrantee P 9. Conduct belt use and child restraint Subgrantee P P Observational surveys. 10. Submit Operational Plan for approval. Subgrantee P 11.Conduct enforcement efforts. Subgrantee P P P P P P P P P P P P 16. Submit Project Extension Request Subgrantee P (if applicable). S&S 8/00 - 1 - FY2001ACTION PLAN OBJECTIVE: To conduct a Safe&Sober STEP in THE CITY OF BEAUMONT by September 30,2001. KEY: P=planned activity C=completed activity Public information and education (PI & E) activities requirements. R=revised ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY JN JL AU SE OC NO 1. Contact the Department regarding PI&E Subgrantee P rocedures and plannIng. 2. Determine types of materials needed. Subgrantee P 3. Develop proposed materials. Subgrantee P 4. Submit proposed materials and the PI &E Subgrantee P plan to the Department for a2proval. 5. Approve materials and plan. Department P 6. Produce/distribute materials. Subgrantee P P P P P P P P P P P 7. Maintain records of all PI&E material Subgrantee P P P P P P P P P P P received/distributed. 8. Report on activities. Subgrantee P p p p p p p p p P P P 9. Conduct news conference(s) Subgrantee P p p P 10.Issue news release(s). Subgrantee P p p p p p P P 11.Conduct presentations. Subgrantee P p p p p p p p p P P P 12.Participate in community events(i.e.,health Subgrantee P P P P P P P P P P P P or safetX fairs,booths). S&S 8/00 _2_ ATTACHMENT B PROJECT BUDGET FY 2002 SAFE & SOBER STEP (title of Project) CITY OF BEAUMONTT (Name of Subgrantee) (Round figures to nearest$) Federal Local/State Funds Funds TOTAL BUDGET CATEGORY I- LABOR COSTS (100) Salaries Hourly wage rates are estimated for budget purposes only. Reimbursements will be based on actual costs per employee in accordance with Sub- grantee's payroll policy and and salary rate. A. ENFORCEMENT(overtime) 1. Officers: 1305 hours @ $32.91 per hour= $42,947.55 21,474 21,474 $42,948 2. Sergeants: 120 hours @ $37.39 per hour= $4,486.80 2,243 2,243 $4,486 3. Lieutenants: 0 hours @ $0 per hour= 0 0 0 $0 B. PI&E ACTIVITIES (overtime) 313 313 $626 [not to exceed 10%of(100)salaries] 12 hours @ $37.39 per hour= 448.68 12 hours @ $14.78 per hour= $177.36 C. OTHER $3,307 $3,307 $6,614 (i.e.,overtime staff,supervisory support,conducting surveys,in-house instructors for OP violators course:not to exceed 10%of total grant amount) Type,#hours,rate= Clerk 156 hours @ $14.78 per hour= $2,305.68 Supv. 80 hours @ $37.39 per hour= $2,991.20 Surveys 40 hours @ $32.91 per hour= $1,316.40 TOTAL SALARIES $27,337 $27,337 $54,674 (200) Fringe Benefits A. Rate:_% (if not included in hourly rate) $0 $0 $0 B. Other salaries: 0 0 $0 TOTAL FRINGE BENEFITS $0 $0 $0 (300) Travel and Per Diem Mileage(documentation of rate is required prior to reimbursement),airfare,car rental, per diem,etc. Reimbursements will be based in accordance with Subgrantee's travel policy not to exceed state rates. TOTAL TRAVEL & PER DIEM $151 $151 $302 TOTAL LABOR COSTS Page 1 of 2 $27,488 $27,488 $54,976 Enfbud 8/00 Federal State/Local Funds Funds TOTAL BUDGET CATEGORY II- OTHER DIRECT COSTS: (400) Equipment (specify type/quantity) $0 $0 (500) Su lies (postage, printing, & office supplies, etc.) $0 $0 (700) Other Miscellaneous (specify) A. SUBGRANTEE VEHICLE MILEAGE $0 $0 $0 Rates used only for budget estimate. Reimbursement will be made according to the approved Subgrantee's average cost per mile to operate patrol vehicles, not to exceed the state rate. Documentation of cost per mile is required prior to reimbursement. For Match Only: 0 miles at $0 per mile= 0 $0 $0 B. REGISTRATION FEES (training, workshops, conferences, etc.) $0 $0 $0 C. PUBLIC INFORMATION AND EDUCATION (PI&E) MATERIALS 1. Educational items= $0 (examples: brochures, bumper stickers, posters, flyers, etc.) 2. Promotional items $0 (examples: key chains, magnets, pencils, pens, mugs, etc.) TOTAL PI&E $0 $0 $0 TOTAL OTHER MISCELLANEOUS $0 $0 $0 TOTAL OTHER DIRECT COSTS $0 $0 $0 SUMMARY: TOTAL LABOR COSTS $27,488 $27,488 $54,976 TOTAL OTHER DIRECT COSTS $0 $0 $0 GRAND TOTAL $27,488 $27,488 $54,976 Fund Sources: Percent Share 50% 50% BUDGET NARRATIVE: [Include in narrative form any needed explanations as to specifics on travel(where to,what for,etc.),kinds of equipment,details on large dollar items and subcontracts,etc.] Enfbud 8/00 Page 2 of 2 G City o f Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 11, 2001 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Atrue Jackson in the amount of $5,000 payable to Atrue Jackson. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Atrue Jackson in the amount of$5,000 payable to Atrue Jackson. BACKGROUND Council authorized the settlement of this claim in executive session October 2, 2001. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$5,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Liability Administrator and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the claim of Atrue Jackson in the amount of$5,000. Payment is to be made to Atrue Jackson. S:\AGENDA1Jackson..wpd H VO%r 1175 Cit y of Beaumont vw_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 11, 2001 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Westchase Village, Section One. RECOMMENDATION Administration recommends approval of Sunflower Lane from existing Sunflower Lane approximately 557 feet north to three OM-4P end of roadway markers and Deer Chase Drive from proposed Sunflower Lane approximately 366 feet east to three OM-4P end of roadway markers and also the Water and Sanitary Sewer Improvements for Lots 1 - 8, Block 1, Lots 1 - 6, Block 2 and Lots 1 - 4, Block 3. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on October 11, 2001. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Westchase Village, Section One. w{ f rC ,_ sECila+ oNE i GLADYS WEST {{{ SECTION ONE GLADYS WEST SECTION SEVEN I GLADYS WEST --'- �� SECTION TWO GLADYS WEST / �CLADYS WEST SECTION FOUR SECTION THREE I PECAN PLACE GLADYS- LADYS y, UNIT THREE _ a _ CAN PLA FUTURE a SECTION oNE J% DELAWARE i WILCOX I PECAN PLACE / GRIVE r UNIT TWO _-.--� DISHMAN II GLADYS STREET VICINITY MAP I i N TS WESTCHASE VILLAGE, SECTION ONE City of Beaumont 9 Council Agenda Item g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 16, 2001 AGENDA MEMO DATE: October 10, 2001 REQUESTED ACTION: Council approval of a declaration of intent to reimburse capital expenditures. RECOMMENDATION Administration recommends a declaration of intent to reimburse certain capital expenditures from proceeds of lease purchase agreements. BACKGROUND In the budget for Fiscal Year 2002,certain capital expenditures were designated to be financed through lease purchase agreements. Budgeted capital expenditures scheduled for lease purchase include one (1)excavating and grading machine, one(1) combination ladder and pumper truck, four(4) 14 cubic yard dump trucks, one(1) landfill compactor, one (1)dozer, two (2)pothole patching machines, one (1)crane, one(1)trackhoe,one(1)generator,and two(2)street sweepers. The estimated cost of this equipment is approximately$2.5M. Lower interest rates usually result from financing multiple items instead of one and by being a bank qualified entity. Because a financial institution is able to reduce its tax liability by providing financing for bank qualified governmental entities, the interest rate charged is usually less than the interest rate on a non bank qualified financing arrangement. To remain bank qualified,a municipality may not issue more than $l OM in tax exempt debt for the calendar year. Lease purchase agreements must be executed within sixty(60) days after receipt of the equipment to qualify for reimbursement of funds through a lease purchase financing agreement. For the calendar year ending December 31, 2001, the City has issued $1 OM in tax exempt obligations, therefore, any lease purchase arrangements made before December 31 do not qualify as tax exempt. Declaration of Intent October 10, 2001 Page 2 Order dates and delivery schedules vary for each equipment purchase. Several pieces ofequipment will be delivered prior to year's end. Reimbursement of funds through lease purchase agreements for these purchases could be jeopardized because of the sixty (60) day limit and the City's non qualified tax exempt status through December 31. However,the City may issue a declaration of intention indicating that it is the City's intent to purchase capital equipment and be reimbursed from proceeds of lease purchase agreements. The filing of this notice extends the time in which the lease agreement must be executed from sixty(60)days to eighteen (18) months. Approving the City's intent to reimburse capital expenditures from lease purchase proceeds will result in lower interest rates and meet the IRS requirements for reimbursement of funds from lease purchase agreements. Approval of the declaration of intent does not obligate the City to either purchase this equipment nor use a lease purchase agreement to finance the purchase cost. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED ACTION Approve/Deny the declaration ofintent to reimburse certain capital expenditures from proceeds of lease purchase agreements.