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HomeMy WebLinkAboutPACKET NOV 20 2001 K, City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 20, 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 a request for the annexation of one area east of the City of Beaumont totaling 760.71 acres, more or less. 2. Consider a resolution authorizing the City Manager to execute an Inter-Local Agreement with Jefferson County for rehabilitation and widening of Brooks Road from Fannett Road to IH-10. 3. Consider authorizing the City Manager to execute an Industrial District Contract with PD Glycol. 4. Consider authorizing the City Manager to execute Industrial District Contracts with Martin Gas Sales and Neches Industrial Park. 5. Consider a request to amend the 1999 Consolidated Grant Program to reprogram funds for the Downtown Beautification Program COMMENTS • Councilmembers comment on various matters • 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: Beaumont Professional Firefighters' Local 399 Janice Haynes v. City of Beaumont, et al * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager, City Attorney and City Clerk 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 a request for the annexation of one area east of the City of Beaumont totaling 760.71 acres, more or less City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 20, 2001 AGENDA MEMO DATE: October 30, 2001 REQUESTED ACTION: Council consider a request for the annexation of one area east of the City of Beaumont totaling 760.71 acres, more or less. RECOMMENDATION The Administration recommends approval of the annexation of one area east of the City of Beaumont totaling 760.71 acres,more or less. BACKGROUND The City of Beaumont is considering the annexation of one area of land east of the current city limits: Area 1 - located along the west bank of the Neches River, extending in a northerly direction from the corporate limits at the KCS railroad right-of-way to a point east of Washington Blvd. if extended east to the Neches River and containing 760.71 acres,more or less. The City of Beaumont is annexing this area for the following reasons: 1. Doing so will add to the economic stability of the City by ensuring that it has an adequate tax base to provide the necessary services to its residents. 2. It is the City's desire to regulate the extent and quality of development within the areas proposed for annexation. This will enable the City of Beaumont to plan and control the areas' development so that it will enhance and not detract from the City. 3. To protect environmentally sensitive areas and to better regulate the quality of development in the area. r BUDGETARY IMPACT None. PREVIOUS ACTION The first hearing for the proposed annexation was held on October 22, 2001 with the Planning Commission and City Council. No action by the Planning Commission was required. The second hearing for the proposed annexation was held on October 29, 2001 with the Planning Commission and City Council. The Planning Commission voted 5-2 to approve a request for the annexation of one area east of the City of Beaumont totaling 760.71 acres, more or less. SUBSEQUENT ACTION None. . RECOMMENDED BY Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development Director and the Planning Manager. RECOMMENDED MOTION Approve/Deny a request for request for the annexation of one area east of the City of Beaumont totaling 760.71 acres, more or less. ORDINANCE NO. ENTITLEDAN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS,AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND GRANTING THE SAID TERRITORYAND TO ALL INHABITANTS THEREOF ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; AND BINDING SAID INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. WHEREAS, two(2)public hearings were held concerning the proposed annexation of the territory described in Exhibit "A" attached hereto for all purposes. Said public hearings were held on October 22 and October 29, 2001 with the Planning Commission and City Council. At the public hearings, all interested persons were provided an opportunity to be heard; and, WHEREAS, such public hearings were held not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notices of such public hearings were published in the newspaper having general circulation in the City of Beaumont, Texas not more than twenty (20) nor less than ten (10) days prior to such hearings; and, WHEREAS, the territory lies adjacent to and adjoins the present boundaries of the City of Beaumont, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the land and territory lying adjacent to and adjoining the present boundaries of the City of Beaumont, Texas and described in Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby added and annexed to the City of Beaumont, Texas; said territory shall hereinafter be included within the boundary limits of the City of Beaumont, Texas;the present boundary limits of such City at the various points contiguous to the area hereinafter described in Exhibit "A" are altered and amended so as to include said area within the corporate limits of the City of Beaumont, Texas. Section 2. The described territory in the area so annexed shall be a part of the City of Beaumont, Texas, and the inhabitants thereof, if any, shall be entitled to all the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 20th day of November, 2001 PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2001. - Mayor- LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Annexation -Area 1 760.71 acres+ Being a 760.71 acre tract, more or less, out of parts of the Pelham Humphreys (aka Pilham Humphries) - Ab. 32, W. P. H. McFaddin - Ab. 689, Pierra Lemane - Ab. 163, Jeff and James Chaison - Ab. 435, Beaty, Seale and Forwood - Ab. 392 and D. Brown - Ab. 5 Surveys, Jefferson County, Texas, and more particularly described as follows: For Place of Beginning start at a point on the easterly right-of-way line of the K.C.S. Railroad,same being in the city limits line of the City of Beaumont, said point also being in the north line of the Amoco 465 acre tract and being in the Pelham Humphreys Survey,Ab- 32; thence northeast along the city limits line and the north line of the said Amoco tract a distance of 2,730.3 ft.to a point,and continuing in an easterly direction another 3,257.86 ft. to a point on the southwesterly bank of the Neches River;thence east to a point in the center of the Neches River,same being the political boundary line of Jefferson County and Orange County; THENCE following the meanderings of the Neches River along the center of the river in a northerly, southerly,northerly and northwesterly direction for 15,900 ft.,more or less, to a point for corner in the center of the river,thence south to a point on the southerly bank of the Neches River; thence continuing south along the west lines of Blocks 6 and 9 of the Cartwright and Roberts`B"Subdivision to a point in the south line of the D.Brown Survey, Ab-5;thence east along the south line of the D.Brown Survey and the south line of the C and R`B" Subdivision to a point 1,000 ft. west of the southerly bank of the Neches River; THENCE in a southerly,northerly,westerly and southerly direction along a line that is 1,000 ft.west of and parallel with the Neches River a distance of 9,514 ft.,more or less,to a point for corner in the Union Canal Levee; thence southwest along the north side of the Union Canal Levee a distance of 3,217 ft.,more or less,to a point;thence southwest a distance of 1,758 ft., more or less, to a point of intersection of the most easterly point of the James A. Veatch Survey, the most southerly southeast corner of the Jeff and James Chaison Survey and 390.16 ft. south of the most northwest corner of the Pelham Humphreys Survey;thence southwest 45° a distance of 1,683.74 ft.to a point in the easterly line of the K.C.S. Railroad right-of-way, being in the corporate limits line of the City of Beaumont, Texas; thence southeast along the K.C.S. Railroad right-of-way and the city limits to the Place of Beginning, containing 760.71 acres, more or less. EXHIBIT "A" g Proposed Annexation Legend City of Beaumont, TX Area to be Annexed .� Area to be Annexed tl Existing Corporate Boundaries j' ---- Beaumont City Limits ------- Other City Limits v i 'Qo t Prepared by the City of Beaumont { Planning Division September 2001 i �M 0.5 0 0.5 1 Miles I _ 1 i FaMw�Sl. � I I ai I i Z i r i Cardinal _ is - I CHY L} ' r 1 • � F.�11 F i rr cn j,(< _ -- COD I. Eas I I 1 C 1 f (D i o �• 1 A e �. 1 O I =r i < AREA #1 ...::....... .: .r '•. �,� Legend I Area to be Annexed AREA Existing COrPorale Boundaries I ""— Beau moot City Limits Other City Limits Beaumont ETJ Line 2 Council consider a resolution authorizing the City Manager to execute an Inter-Local Agreement with Jefferson County for rehabilitation and widening of Brooks Road from Fannett Road to IH-10 City of Beaumont Council A ends Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 13, 2001 AGENDA MEMO DATE: November 20, 2001 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Inter-Local Agreement with Jefferson County for rehabilitation and widening of Brooks Road from Fannett Road to IH-10. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute an Inter-Local Agreement with Jefferson County for rehabilitation and widening of Brooks Road from the Santa Fe Railroad tracks to I11-10. BACKGROUND Brooks Road from the Santa Fe Railroad tracks to 111-10 is constructed with a 6-inch flexible base (shell/limestone) and an asphalt surface. Although this street design is sufficient for normal vehicular traffic, the construction of the Entertainment Complex has significantly increased the amount of truck traffic on this section of the roadway. As a result of this increase in truck traffic, the roadway is now in need of rehabilitation. During discussions with Jefferson County's Engineering Department, it was recommended that the County and City enter into an Inter-Local Agreement that would provide for the rehabilitation of this section of Brooks Road. Additionally, due to the projected traffic volumes on Brooks Road when the complex becomes operational, the addition of a left turn lane and right turn lane into the complex were also recommended as a part of the agreement. The Inter-Local Agreement would provide for the County to furnish the labor and the City to furnish the materials. BUDGETARY IMPACT The estimated cost of the project $212,000, of which $166,00 is for materials and $46,000 for labor. Funds are available in the Street Maintenance Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute an Inter-Local Agreement with Jefferson County for the rehabilitation of Brooks Road from the Santa Fe Railroad tracks to IH-10. JeffCoBrooksRdsk.wpd November 14,2001 THE STATE OF TEXAS I I INTERGOVERNNVIENTAL AGREEMENT COUNTY OF JEFFERSON WITNESSETH : WHEREAS, the City of Beaumont has streets, roads and ditches which require maintenance which, at times, exceeds temporarily the ability of the City of Beaumont to promptly supply; and WHEREAS, the capacity of Jefferson County to supply maintenance to streets, road and ditches, at times, temporarily exceeds it capacity; and, WHEREAS,the parties recognize that cooperation between the governmental agencies will provide better service to the public at reduced expense; NOW, THEREFORE, the City of Beaumont and the County of Jefferson hereby agree as follows: 1. The City and County shall jointly participate in the rehabilitation and widening of Brooks Road from the Sante Fe Railroad tracks to IH-10. 2. The County shall be responsible for preparing engineering plans and for the labor and equipment to rehabilitate the road has described in the attached Exhibit identified as Jefferson County Engineering Estimate for Brooks Road. 3. The City shall be responsible for providing the necessary materials to construct the roadway as described in the attached Exhibit identified as Jefferson County Engineering Estimate for Brooks Road. 4. This agreement shall remain in full force and effect until the rehabilitation of and widening of Brooks Road is complete to the satisfaction of the City and County. 5. Neither the City, its agents, employees nor any other person operating under this agreement shall be deemed an agent or employee of the County, and the County shall not be liable for the contracts or tortious conduct of any such persons. 6. Neither the County, its agents, employees nor any other person operating under this agreement shall be deemed an agent or employee of the City, and the City shall not be liable for the contracts or tortious conduct of any such persons. EXECUTED on behalf of the City of Beaumont by its City Manager on the day of 12001. EXECUTED on behalf of Jefferson County by its County Judge on the day of 2001. APPROVED: APPROVED: JEFFERSON COUNTY: CITY OF BEAUMONT Carl Griffith, County Judge Stephen J. Bonczek, City Manager ATTEST: County Clerk Barbara Liming, City Clerk Jefferson County, Texas City of Beaumont THE STATE OF TEXAS I INTERGOVERNMENTAL AGREEMENT COUNTY OF JEFFERSON I WITNESSETH : WHEREAS, the City of Beaumont has streets, roads and ditches which require maintenance which, at times, exceeds temporarily the ability of the City of Beaumont to promptly supply; and WHEREAS, the capacity of Jefferson County to supply maintenance to streets,road and ditches, at times, temporarily exceeds it capacity; and, WHEREAS, the parties recognize that cooperation between the governmental agencies will provide better service to the public at reduced expense; NOW, THEREFORE, the City of Beaumont and the County of Jefferson hereby agree as follows: 1. The City and County shall jointly participate in the rehabilitation and widening of Brooks Road from the Sante Fe Railroad tracks to IH-10. 2. The County shall be responsible for preparing engineering plans and for the labor and equipment to rehabilitate the road has described in the attached Exhibit identified as Jefferson County Engineering Estimate for Brooks Road. Such road shall meet or exceed the City's standards for a road such as Brooks Road in the City's Street and Highway Plan. 3. The City shall be responsible for providing the necessary materials to construct the roadway as described in the attached Exhibit identified as Jefferson County Engineering Estimate for Brooks Road. 4. This agreement shall remain in full force and effect until the rehabilitation of and widening of Brooks Road is complete to the satisfaction of the City and County. After completion of the road, the City shall assume responsibility for it maintenance. 5. All payments made by either party to this agreement shall be from current revenues available to the party. Both parties agree that the compensation to them under this agreement is fair compensation for the expenditures made in fulfilling the obligations of this agreement. 6. Neither the City, its agents, employees nor any other person operating under this agreement shall be deemed an agent or employee of the County, and the County shall not be liable for the contracts or tortious conduct of any such persons. a 7. Neither the County, its agents, employees nor any other person operating under this agreement shall be deemed an agent or employee of the City, and the City shall not be liable for the contracts or tortious conduct of any such persons. EXECUTED on behalf of the City of Beaumont by its City Manager on the day of , 2001. EXECUTED on behalf of Jefferson County by its County Judge on the day of , 2001. APPROVED: APPROVED: JEFFERSON COUNTY: CITY OF BEAUMONT Carl Griffith, County Judge Stephen J. Bonczek, City Manager ATTEST: County Clerk Barbara Liming, City Clerk Jefferson County, Texas City of Beaumont JEFFERSON COUNTY ENGINEERING ESTIMATE iniiorn�ation Name Brooks Road RehabdRation IM-10 to Fann/it Road Date 10/082001 Pr+oj,diet. 1470 Fed or 278 Mile Cily Beaumont Into 2-Lane±q!.to 2-Ln witfi Left Tum Ln i A=CecmL Ln. _t?tjr Unft Dosaiption Unit Prise TOTAL AAtph*k Roadway Coers 1 LS -Mbweilaneous CC .Stripin8,etc. $15,000.00 s16,000.00 8%OF TOTAL COSTS. 1 LS "SURVEYING AND LAYOUT 621300.00 $2.500.04 2 AC "PREP ROPY(remove small trees,etc tram East side) $7,500-00 $15,000.00 3590 SY "REMV STS BS AND/OR ASPH PAV(CL2)(44r) s300 $10,770.00 7000 SY FLExlBLE BASE-12"LIMESTONE $12.00 $64,000.00 7000 SY UME TREAT SUBGR(OC)r $200 $14,000-00 1200 TON 3.0"TYPE"0'ASPHALT 640.00 $48.000.00 2174 CY —EXCAVATION DITCHES S4-00 $8,696.00 2174 CY "EMBANKMENT 54.00 68,896.00 3000 GAL ASPH MATL(MC-30 OR AE-P) $1.50 $4,500.00 TOTAL: $211,16`2A0 (C" Material- $165 sm-00 County+Labo 545,66200 'The City of Beaumont may be M a posiilon to provide thr. "The County to proNde this work The Couniv•.o aba provide the averail labor&eauivment to build road 6:�Iwrl'lX ER«e■Y�e+Mt 3 Council consider authorizing the City Manager to execute an Industrial District Contract with PD Glycol I City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: November 20, 2001 AGENDA MEMO DATE: November 15, 2001 REQUESTED ACTION: Consider authorizing the City Manager to execute an Industrial District Contract with PD Glycol. RECOMMENDATION The Administration recommends approval of a resolution authorizing the City Manager to execute an Industrial District Contract with PD Glycol. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The contract with PD Glycol will be for seven years beginning January 1, 2002. The in-lieu of tax payment 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 PD Glycol will be$227,067. Payments will be due to the City by February the 1't of each year. BUDGETARYIMPACT Industrial payments are estimated to total $11,728,700 in FY 2002 which are approximately 17% of the General Fund revenues. PREVIOUS ACTION None. 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 PD Glycol. 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 PD Glycol, a Texas Limited Partnership, its subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, the City has established an industrial district comprising a certain part of the extraterritorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, Company owns land and/or improvements within the City of Beaumont Industrial District which are a part of the manufacturing, industrial, and refining facilities of said Company. 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 by reason of being located immediately adjacent to said City and benefits derived by the Company by reason of being located within the Industrial District. In view of the above and foregoing reasons, and in consideration of the mutual S:IKYLE\PD GLYCOL-10-01 1 / 10 agreements herein contained, Company and City hereby agree as follows: ARTICLE I. COMPANY'S OBLIGATION A. Annual Payment. Commencing with the calendar year 2002 and each calendar year thereafter for the duration of this Agreement, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities and property, real, personal, and mixed located on Company's land covered by this Agreement (herein referred to as the "Properties"). B. By the term "Assessed Value" is meant the 100% valuation of the PD Glycol Properties, as determined by the Jefferson County Appraisal District for ad valorem tax purposes. C. The term"Assumed City Taxes Due"shall be calculated by the following formula: Assessed Value divided by 100 x the current ad valorem tax rate adopted by City Council of City = Assumed City Taxes due. D. Payment Procedures (1) The payment for 2002 shall be in the amount of$227,067 and shall be due and payable on or before February 1, 2002. The 2002 payment is calculated as follows: S:\KYLE\PD GLYCOL-10-01 2 / 10 Assumed City Taxes Due: $44,698,270 / 100 X 0.635 = $283,834 Year 1 80% of Assumed City Taxes Due = $227,067 Each October thereafter, the Finance Officer of the City shall obtain the current Assessed Values set by the Jefferson County Appraisal District for the Company's Properties having taxable situs within the areas described in this Agreement. For example, in October 2003, the 2003 Assessed Values shall be used in calculating the payment due February 1, 2004. If the Assessed Values of the Properties for a tax year are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified Assessed Values of the Properties by the Jefferson County Appraisal District. The Company shall notify the City following resolution of the Assessed Value question and an adjustment for the payment,without interest,will be made within thirty(30) days following such resolution. (2) After the Assessed Value of the Company's Properties have been determined, the annual payment due shall be calculated in accordance with the following schedule: SAKYLEXPD GLYCOL-10-01 3 / 10 The 2003 and 2004 annual payments shall be eighty percent(80%)of Assumed City Taxes Due. The 2005 through 2008 annual payments shall be seventy-five percent (75%) of Assumed City Taxes Due. (3) City hereby agrees to bill Company for annual payments due hereunder on or before ,January 1 each year. Company shall pay such amount to City on or before February 1 each year. Upon receiving the annual payment due, the Finance Officer of the City shall issue an official receipt of said City acknowledging full,timely,final and complete payment due by said Company to City for the Properties involved in this Agreement for the year for which such payment is made. If 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 sixty (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) located on Company's real property which are within the extra-territorial jurisdiction of the City of Beaumont. S:\KYLE\PD GLYCOL-10-01 4 / 10 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 Agreement no such sale shall reduce the amount due the City under this Agreement until the purchaser of such facility has entered into an Agreement 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. CLOSURE OF FACILITY Company shall notify City of any plans to permanently close Company's facility at least nine months prior to the end of the calendar year. Permanent closure of Company's facility shall terminate Company's obligation to make payments in lieu of tax under this Agreement effective January 1s' of the year immediately following provided that the Company gave timely notification to the City that it intends to permanently close the facility at least nine months prior to such January 1s` date. It is the intent of the Parties that no payment of an in lieu of amount would be due in February of the year immediately following the year in which Company notified City of its intent to permanently close the facility so long as notification of such closure is given to the City at least nine months prior to the end of the calendar year. S:\KYLE\PD GLYCOL-10-01 5 / 10 ARTICLE V. CITY'S OBLIGATIONS A. 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: (1) If the City determines that annexation of all or any part of the Properties covered bythis Agreement belonging to said Company is reasonably necessaryto 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 becomes effective if the annexation becomes effective after January 1 st of said year. (2) In the event any municipality otherthan the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as 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. S:\KYLE\PD GLYCOL-10-01 6 / 10 (3.) If the Company notifies the City that it intends to permanently close the facility at least nine months prior to the end of the calendar year, the City shall have the right to annex the property effective as of December 31" of the year in which such Company notification is made. In the event of such timely notification by Company and subsequent annexation by the City, the Company in accordance with Article IV of this Agreement will make no further payment to the City under this Agreement. B. 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. C. 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 Properties 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. SAKYLE M GLYCOL-10-01 7 / 10 ARTICLE VI. TERMINATION OR BREACH 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 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 VII. 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 the Properties 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 VIII. S:UCYLEIPD GLYCOL-10-01 8 / 10 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 IX. NOTICES Any notice provided for in this Agreement, 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 PD Glycol City of Beaumont c/o Equistar Chemicals, LP 801 Main P.O. Box 3646 P. O. Box 3827 Houston, Texas 77253 Beaumont, Texas 77704 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 10 pages is executed in duplicate counterparts as of this day of , 2001. SAKYLEPD GLYCOL-10-01 9 / 10 CITY OF BEAUMONT, TEXAS By: Stephen J. Bonczek City Manager ATTEST: Barbara Liming City Clerk PD Glycol By: ATTEST: SAKYLE\PD GLYCOL-10-01 10 / 1 0 4 Council consider authorizing the City Manager to execute Industrial District Contracts with Martin Gas Sales and Neches industrial Park 1175 City of Beaumont NW_ M EL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Economic Development Director MEETING DATE: November 20, 2001 AGENDA MEMO DATE: November 15, 2001 REQUESTED ACTION: Consider authorizing the City Manager to execute Industrial District Contracts with Martin Gas Sales and Neches Industrial Park. RECOMMENDATION The Administration recommends approval of a resolution authorizing the City Manager to execute Industrial District Contracts with Martin Gas Sales and Neches Industrial Park. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The contracts with Martin Gas Sales and Neches Industrial Park will be for seven years beginning January 1, 2002. The in-lieu of tax payment by Martin Gas Sales 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 Martin Gas Sales will be $48,670. Payments will be due to the City by February the Vt of each year. The contract with Neches Industrial Park will provide for a flat payment over the seven-year period in the amount of$18,250. The payment based on 80%of value($30,480)will be reduced to reflect the City's reimbursement of half the cost of a new water line which Neches Industrial Park paid for in the amount of$170,000. The City Council will consider the first reading of the ordinance to annex the above properties during the City Council meeting on November 20, 2001. Staff is hopeful that contracts will be finalized with the said companies before the Council meeting or shortly thereafter. BUDGETARYIMPACT Industrial payments are estimated to total$11,728,700 in FY 2002 which are approximately 17% of the General Fund revenues. PREVIOUS ACTION None. 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 PD Glycol. THE STATE OF TEXAS § COUNTY OF JEFFERSON § DRAFT 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 Martin Gas Sales, 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: SAKYLE\martin gas.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 and 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 Martin Gas Sales properties, as determined by the Jefferson County Appraisal District forthe previous tax year. 3. The term "assumed City taxes due"shall be calculated by the following formula: Assumed City Taxes Due: $9,580,720 / 100 X 0.635 = $60,838 Year 1 80% of Assumed City Taxes Due = $48,670 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$48,670 and shall be due and payable on or before February 1, 2002. 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, 2002,the 2002 assessed values shall be used for the February 1, 2003 payment. SAKYLE marlin gas.wpd 2 / 7 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 payments due hereunder shall be calculated in accordance with the following schedule: The 2003 and 2004 payments shall be 80% of assumed City taxes due. The 2005 - 2008 payments shall be 75% of assumed City taxes. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the 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 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. SAKYLE\martin gas.wpd 3/ 7 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) 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. 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 as provided under this Agreement. Accordingly and as to payments due under this contract no such sale shall reduce the amount due the City underthis 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 like payments to the City. 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 bythis Agreement belonging to said Company is reasonably necessaryto 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 SAKYLEmartin gas.wpd 4 / 7 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 otherthan the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as 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. The City will also provide police protection if called upon by the Jefferson County Sheriff's Department for assistance. SAKYLE\martin gas.wpd 5/ 7 ARTICLE IV. TERMINATION OF BREACH 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 shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to 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 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 V. 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 VI. 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 Stephen J. Bonczek, City Manager Martin Gas Sales City of Beaumont 801 Main Beaumont, Texas 77704 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 S:\Y\YLEVnarfin gas.wpd 6 / 7 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. Boncek ATTEST: City Manager Barbara Liming City Clerk Martin Gas Sales By: ATTEST: SAKYLElmartin gas.wpd 7/ 7 THE STATE OF TEXAS § COUNTY OF JEFFERSON § DRAFT 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 Neches Industrial Park, 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. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: SAKYLEWeches 08-01.wpd 1 / 6 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 and property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2002-2008 shall be in the amount of$18,250 and shall be due and payable on or before February 1, each year. (b) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the 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 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. SAKYLEWeches 08-01.wpd 2 / 6 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) 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. 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 as provided under this Agreement. Accordingly and 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 like payments to the City. 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 bythisAgreement belonging to said Company is reasonably necessaryto 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 SAKYLEWeches 08-01.wpd 3/ 6 payment for the year during which such annexation becomes 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 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. The City will also provide police protection if called upon by the Jefferson County Sheriffs Department for assistance. S:IKYLEWeches 08-01.wpd 4/ 6 ARTICLE IV. TERMINATION OF BREACH 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 shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to 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 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 V. 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 VI. TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2002, and ending on December 31, 2008. S:IKYLE\Neches OM1.wpd 5 / 6 ARTICLE VII. 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 Stephen J. Bonczek, City Manager Richard H. Cullifer, President City of Beaumont Neches Industrial Park 801 Main #1 Gulf States Road P. O. Box 3827 PO Box 2296 Beaumont, Texas 77704 Beaumont, Texas 77704 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 6 pages, is executed in duplicate counterparts as of this day of , 2001. CITY OF BEAUMONT, TEXAS By: Stephen J. Boncek City Manager ATTEST: Barbara Liming City Clerk Neches Industrial Park By: ATTEST: SAKYLE1Neches 08-01.wpd 6 / 6 5 Council consider a request to amend the 1999 Consolidated Grant Program to reprogram funds for the Downtown Beautification Program 1 CJ-"BP- City of Beaumont Council Agenda Item M TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Janett Blunt, Grants Technician MEETING DATE: November 20, 2001 AGENDA MEMO DATE: November 9, 2001 REQUESTED ACTION: Council consider a request to amend the 1999 Consolidated Grant Program by reprogramming the Salvation Army Family Shelter line item ($50,000) and a portion of the Partnership Community Mental Health line item ($2,000) for a total of$52,000, to the Downtown Beautification Program. RECOMMENDATION Staff recommends Council amend the 1999 Consolidated Grant Program by reprogramming the Salvation Army Family Shelter line item ($50,000) and a portion of the Partnership Community Mental Health line item($2,000) for a total of$52,000,to the Downtown Beautification Program. BACKGROUND On April 25, 2000, Council allocated $50,000 from the 1999 Consolidated Grant Program to The Salvation Army to be used for code compliance rehabilitation of a two-story structure located at 1065 McFaddin that would house eight (8) homeless families. The Salvation Army has declined the use ofthose grant funds. Partnership Community Mental Health,also funded from the 1999 Consolidated Grant Program($4,940), closed its doors in Beaumont. In November of 2000, City Council approved the use of CDBG funds to hire two additional employees from Beaumont Products and Services to clean up and mow properties in the Central Business District. The Administration believes the cleanliness of the downtown area is vital in retaining existing businesses and attracting new investment. BUDGETARY IMPACT The Administration recommends that $52,000 from the 1999 Consolidated Grant Program be reprogrammed to the Downtown Beautification program PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager, and Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to amend the 1999 Consolidated Grant Program by reprogramming the Salvation Army Family Shelter line item ($50,000) and a portion of the Partnership Community Mental Health line item($2,000) for a total of$52,000, to the Downtown Beautification Program Page 2 L�r � Oil City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 20, 2001 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Adopt a resolution casting the City of Beaumont's votes to C. L. Sherman for the Jefferson County Appraisal District Board of Directors B) Authorize the settlement of a lawsuit CONSENT AGENDA NOVEMBER 20, 2001 A) Adopt a resolution casting the City of Beaumont's votes to C. L. Sherman for the Jefferson County Appraisal District Board of Directors The Administration recommends approval of a resolution casting the City of Beaumont's votes (403) to C. L. Sherman. All five positions on the Board of Directors are up for re-election. Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its governing body and submit it to the Appraisal District. Each governmental entity is allocated a certain number of votes based on their 2000 tax levy. Additional information is attached for your review. B) Authorize the settlement of a lawsuit The lawsuit of City of Beaumont vs. Gladys City Company would be settled in the amount of $116,250. Council discussed the settlement of this lawsuit in an executive session on November 6, 2001. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager MEETING DATE: November 20, 2001 AGENDA MEMO DATE: November 15, 2001 REQUESTED ACTION: Consider adopting a resolution casting the City of Beaumont's votes (403) to C. L. Sherman for the Jefferson County Appraisal District Board of Directors. RECOMMENDATION The Administration recommends approval of a resolution casting the City of Beaumont's votes (403) to C. L. Sherman for the Jefferson County Appraisal District Board of Directors for the 2002-2003 term of office. BACKGROUND All five positions on the Board of Directors are up for re-election. Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its governing body and submit it to the Appraisal District. Each governmental entity is allocated a certain number of votes based on their 2000 tax levy. Additional information is attached for your review. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Executive Assistant to the City Manager. RECOMMENDED MOTION Approve/Deny a resolution casting the City of Beaumont's votes (403) to C. L. Sherman for the Jefferson County Appraisal District Board of Directors. Jefferson County Appraisal District (409)840-9944 P.O.Box 21337 4610 S.Fourth St. (409)727-4611 Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621 CHIEF APPRAISER MEMBERS OF THE BOARD Roland R.Bieber,RPA Fred L. Mitchell, Chairperson Eugene Landry,Secretary October 30, 2001 Miriam K.Johnson Charles Lankford C. L.Sherman I Mr. David W. Moore Mayor City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Mayor Moore: We have received several requests to extend the deadline for submitting votes for the Jefferson County Appraisal District Board of Directors for the 2002 - 2003 term of office. Accordingly, the deadline to submit your votes in this election has been extended until November 28, 2001. Remember, your votes must be cast in the form of a resolution adopted by your governing body. I will declare the winners and notify each entity by December 3, 2001. Sincerely, Roland R. Bieber, RPA Chief Appraiser pjb ,5!-Ir. Stephen J. Bonczek, City Manager OCT 3 1 ,. Jefferson County Appraisal District (409)840.9944 P.O.Box 21337 4610 S.Fourth St. (409)727-4611 Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621 CHIEF APPRAISER MEMBERS OF THE BOARD Roland R.Bieber,RPA October 23, 2001 Fred L. Mitchell, Chairperson Eugene Landry, Secretary Miriam K.Johnson Charles Lankford C. L.Sherman Mr. David W. Moore Mayor City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Mayor Moore: In accordance with Section 6.03(f) of the Property Tax Code, I have enclosed a copy of the ballot of the nominees for the Jefferson County Appraisal District Board of Directors for the 2002 - 2003 term of office. All five positions on the Board of Directors are up for re-election. You may cast all of your votes for one nominee or distribute them as you wish among the nominees. Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its governing body and submit it to me before November 15, 2001. If you require additional time to schedule a meeting of your governing body in order to cast your votes, please contact me in order that an extension may be granted. Please refer to the enclosed voting allocation to determine the number of votes your entity is entitled to in this election. The nominee receiving the majority of the votes of the conservation and reclamation districts will receive all of the votes cast by these districts. Sincerely, Roland R. Bieber, RPA Chief Appraiser PJb Enclosures - 2 OCT 2 4 POT t c: Mr. Stephen J. Bonczek, City Manager A 4 ELECTION BALLOT Jefferson County Appraisal District Board of Directors, 2002 - 2003 Term of Office The following individuals have been nominated: Miriam Johnson Eugene Landry Charles Lankford Fred L. Mitchell C. L. Sherman JEFFERSON COUNTY APPRAISAL DISTRICT Voting Allocation for 2002 -2003 Board of Directors Based on 2000 Tax Levies % of Total 2000 Tax Lew Tax Lew #of Votes Drainage District #6 $9,577,556.49 3.22% 161 Drainage District#7 $9,005,537.44 3.02% 151 Port of Beaumont $5,615,686.73 1.89% 94 Port of Port Arthur $3,676,795.10 1.23% 62 Port of Sabine Pass $235,052.84 0.08% 4 Bevil Oaks MUD $124,688.90 0.04% 2 Trinity Bay Conservation Dist $27,116.77 0.01% 0 WCID #10 $508,662.77 0.17% 9 SUBTOTAL C & R DISTRICTS: $28,771,097.04 9.66% 483 Jefferson County $43,312,720.22 14.54% 727 Beaumont ISD $92,585,657.88 31.09% 1554 Hamshire-Fannett ISD $5,227,499.31 1.76% 88 Nederland ISD $14,349,865.40 4.82% 241 Port Arthur ISD $31,698,699.84 10.64% 532 Port Neches-Groves ISD $31,343,510.39 10.52% 526 Sabine Pass ISD $7,502,122.71 2.52% 126 City of Beaumont $24,002,218.06 8.06% 403 City of Groves $3,188,072.78 1.07% 54 City of Nederland $3,509,250.28 1.18% 59 City of Port Arthur $7,823,768.90 2.63% 131 City of Port Neches $4,523,561.55 1.52% 76 SUBTOTALS: $269,066,947.32 90.34% 4517 TOTALS: $297,838,044.36 100.00% 5000 B L19j Cit of Beaumont Council Agenda Item A K TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tyrone E. Cooper, First Assistant City Attorney MEETING DATE: November 20, 2001 AGENDA MEMO DATE: November 15, 2001 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of City of Beaumont vs. Gladys City Company RECOMMENDATION Council approval of a resolution authorizing the lawsuit settlement of City of Beaumont vs. Gladys City Company BACKGROUND Council discussed the settlement of this lawsuit in executive session Tuesday,November 6, 2001. BUDGETARY IMPACT There are sufficient funds in the Water Utilities Improvement Fund to pay the total amount of One-Hundred Sixteen-Thousand Two-Hundred Fifty ($116,250) Dollars to settle City of Beaumont vs. Gladys City Company PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the lawsuit settlement of City of Beaumont vs. Gladys City Company SAAGENDA\Gladys City 11-2"1.Wpd RESOLUTION NO. WHEREAS, the lawsuit of City of Beaumont vs. Glass City Company has been discussed in an Executive Session properly called and held Tuesday, November 6, 2001; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of City of Beaumont vs. Gladys City Company in the amount of One-Hundred Sixteen-Thousand Two-Hundred Fifty ($116,250) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of November, 2001. - Mayor - GACGWESOLUTRCLAULAWAOC%Gladys City 11-01Res.wpd