HomeMy WebLinkAboutPACKET MAR 19 2002 City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 19, 2002 1:30 P.M.
AGENDA
OPENING
• Invocation Pledge Roll Call
• Presentations and Recognition
• Public Comment: Persons may speak on scheduled agenda items 1-4
• Consent Agenda
GENERAL BUSINESS
1. Consider adopting a resolution authorizing an investigation into the electric rates
of Entergy Gulf States, Inc.
2. Consider readopting the City of Beaumont's Tax Abatement Policy and
Philosophy Statement for Tax Abatement and Program for Financial Incentives
3. Consider an amendment to the tax exemption for the "Coale Building" at
461-469 Bowie
4. Consider conducting a public hearing/workshop to review the 2002 Public
Services/Public Facilities and Improvements Applications, and receive comments
on the public services line item of the 2002 Action Plan of the Consolidated Block
Grant Program
COMMENTS
• Councilmembers comment on various matters
• City Manager's Report - Water Production Projects; Neighborhood Code Enforcement;
Landfill Construction Status; Emergency Medical Services; Convention Facilities;
Fire Department Staffing; Sales Tax Update
• 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:
Claim of Christian Jayme
Claim of Marie Hubbard
Vaughn Stephen Ayres, Jr. v. City of Beaumont, et al
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
March 19, 2002
Consider adopting a resolution authorizing an investigation into the electric rates of
Entergy Gulf States, Inc.
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Lane Nichols, City Attorney
MEETING DATE: March 19, 2002
AGENDA MEMO DATE: March 13, 2002
REQUESTED ACTION: Adopt a resolution authorizing an investigation into the electric rates
of Entergy Gulf States, Inc. (EGSI).
RECOMMENDATION
The administration recommends that the City Council adopt a resolution instituting a rate inquiry into
the electric rates of EGSI.
BACKGROUND
Two factors compel an examination of the current rates of EGSI. First, the rates have not been
examined since February, 1999, which was a case that was settled between the cities and the
company. Since that time, the company's costs have continued to decline. For instance, they have
been able to refinance their debt at lower interest rates thereby reducing their cost ofcapital. Second,
the consultants to the City have reviewed required filings made by the company and estimate that
currently the company could over earning by approximately$50 million per year.
The second factor compelling an examination ofthe current rates concerns an agreement the company
made in the 1993 merger case. In that case, the company agreed to share the savings generated by
the merger of Gulf States Utilities with Entergy. The merger savings were to be shared on a 50150
basis for eight(8)years after the merger,after which time customers were to get 100%ofthe savings
benefit. To implement this deal,the company agreed to file rate cases in 1996, 1998,and 2001. The
cases in 1996 and 1998 were to benefit the company in the 50150 sharing of the merger related
savings. However, the case to be filed in November, 2001, was necessary to flow 100% of the
merger savings to customers. The company filed the cases that were beneficial to the company in
1996 and 1998, but instead of filing the 2001 case as promised,the company petitioned the PUC not
to be required to file the case. The PUC approved EGSI's request.
To further complicate matters,in obtaining permission not to comply with the merger agreement,the
company was successful in obtaining a ruling from the PUC designed to discourage the filing of rate
cases by anyone but the company. Should any third party file a rate case, the PUC approved what
could be viewed as a "poison pill" by allowing the company to recover its costs associated with
preparing for a transition to competition(estimated by the company to be$50 million)to the extent
such costs were necessary to offset any rate decrease that might otherwise be appropriate. If the
cities file this rate case, it is expected that the company will attempt to use such out of time costs
to defeat a needed rate decrease. It is even possible that the company would respond to this rate case
by requesting a rate increase,although the Cities' consultants do not believe the company can justify
such an increase.
The Public Utility Regulatory Act allows the City to institute interim rates prior to a final
determination in the case. If the City does this, then the City can capture the approximately $2
million per month that is presently being lost to ratepayers each month that rates remain where they
are. The Cities consultants indicate that they will be able to make a recommendation concerning an
interim rate early in the procedure. As the attached resolution points out, the procedure for
instituting the rate case requires the passing of this resolution which will require the company to file
a rate filing package. A public hearing will be necessary concerning the setting of rates and the
Council will be required to make a final determination on rates within 185 days after the filing of the
rate filing package. As in other rate cases, the expenses associated with this investigation will be
reimbursable by the utility and may be treated as an expense of the utility. The resolution proposes
that the City would coordinate its efforts with other cities who institute such rate cases to reduce all
rate case expenses to the lowest possible level. The cities will propose to hire the same attorneys and
consultants previously used in the successful rate investigations in the past.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
An ordinance setting an interim rate and eventually an ordinance establishing permanent rates for
Entergy Gulf States, Inc.
RECOMMENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing investigation into the electric rates of Entergy Gulf States,
Inc. (EGSI).
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF
BEAUMONT, TEXAS, TO INQUIRE INTO THE
REASONABLENESS OF THE RATES OF
ENTERGY GULF STATES
WHEREAS, the City of Beaumont, Texas has exclusive original jurisdiction over the
rates, operations, and services of Entergy Gulf States, Inc. within the municipality as
provided in Tex. Util. Code §33.001.
WHEREAS, base rate merger-related savings were to be shared 50/50 between the
shareholders and the ratepayers through 2001, the first eight years following the merger
of Gulf States Utilities with Entergy; and base rate merger-related savings beginning in
2002 belong 100% to ratepayers; a rate inquiry is appropriate to obtain the full benefit of
such base rate merger-related savings.
WHEREAS, the City of Beaumont desires to make a determination of the
reasonable rates to be charged as authorized by Tex. Util. Code §§33.021, 33.023(a)(1),
36.151, and desires to retain personnel required to make such inquiry.
WHEREAS, the City of Beaumont desires to share in the cost of such specialized
rate personnel with other municipalities that also exercise their exclusive original
jurisdiction to inquire into the reasonableness of Entergy Gulf States' rates.
WHEREAS, Tex. UN. Code §§33.021(a) and 36.153 provide that the City shall
require the utility to submit information as necessary to make a reasonable determination
of rate base, expenses, investment, and rate of return; and the sections also provide for
times within which such information is to be provided.
WHEREAS, the City of Beaumont hereby notifies Entergy Gulf States, Inc. of its
initiation of an inquiry into the reasonableness of its rates based on a test year of January
1, 2001 - December 31, 2001 and requires Entergy Gulf States, Inc. to file the information
enumerated in Exhibit"A" hereto on or before 120 days after the date of this resolution with
the legal department of the City of Beaumont and with the City's rate consultants, as
directed by the City Attorney, in cooperation with the Cities' Steering Committee.
WHEREAS, Cities are entitled to reimbursement of their reasonable rate case
expenses as provided by Tex. Util. Code §33.023.
NOW THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1.
The City of Beaumont, Texas shall inquire into the reasonableness of the rates of
Entergy Gulf States, Inc. within municipal limits as provided in Tex. Utd. Code §§36.151
and 33.021.
The City of Beaumont, Texas shall participate with other Cities to retain personnel
necessary to conduct such evaluation of Entergy Gulf States' rates.
Direction of such personnel retained by Cities as necessary to inquire into the
reasonableness of the rates of Entergy Gulf States shall be in cooperation with other Cities
that initiate rate inquiries, and shall be pursuant to the direction of the Cities' Steering
Committee. The Steering Committee shall direct the actions of Cities'representatives, and
is directed to obtain reimbursement from Entergy Gulf States, Inc. of all reasonable
expenses associated with such inquiry and subsequent appeal, if any.
SECTION 2.
The City of Beaumont, Texas directs that Entergy Gulf States shall be required to
submit the information enumerated on Exhibit "A" hereto by 120 days following the date
of this resolution, as provided in Tex. Util. Code §§36.153 and 33.021.
SECTION 3.
The City of Beaumont, Texas shall conduct a hearing and set rates for Entergy Gulf
States, Inc. as provided in Tex. Util. Code§§33.001, 33.021, 33.023, 36.151, 36.154. The
City of Beaumont, Texas may establish temporary rates as authorized by Tex. Util. Code
§36.155, if recommended by its rate consultants.
PASSED by vote of the City Council of the City of
Beaumont, Texas this 19th day of March, 2002.
- Mayor -
ENTERGY GULF STATES, INC.
2002 RATE REVIEW
RATE FILING REQUEST
TEST YEAR ENDING DECEMBER 31, 2001
1. GENERAL - Please provide the following schedules as set forth in the PUCT
Electric Utility Rate Filing Package for Generating Utilities (September 9, 1992),
on a bundled basis (i.e., similar to the rate filing filed in the past prior to the most
recent unbundling case). Provide the schedules for a test year of calendar year
2001. Provide all workpapers, analysis, and assumptions to verify the Company's
stated data. Provide all schedules and workpapers on electronic disk readable in
Lotus or Excel format.
• A,A-19 A-2,A-3,A-4, A-5
• B, B-1, B-1.1, B-1.2, B-1.3, B-1.4, B-2
• C, C-1, C-2, C-3, C-4 , C-4.1, C-4.2 , C-5, C-6 , C-6.1, C-6.2,
C-63, C-64, C-65, C-6.6, C-67, C-68, C-69, C-610
• D, D-1, D-2,D-3,D-4, D-5, D-6, D-79 D-8
• E,E-1 , E-1.1, E-2, E-2.1, E-2.2, E-2.3, E-2.4, E-2.5 , E-3, E-3.1,
E-3.2, E-3.3, E-4, E-5, E-6
• G, G-1 , G-1.1, G-1.2, G-1.3, G-1.4, G-1.5, G-1.6 G-2, G-2.1,
G-2.2, G-2.3, G-3, G-4, G-4.1 (G-4.1 a, G-4.1 b, G-4.1 c, G-4.1 d),
G-4.2 (G-4.2a, G-4.2b, G-4.2c), G-4.3 (G-4.3a, G-4.3b, G-4.3c,
G-4.3d, G-4.3e), G-5, G-5.1 (G-5.1a, G-5.1b), G-5.2, G-5.3,
G-5.4, G-5.5 , G-6, G-61, G-62 , G-7, G-7.1 ( G-7.1 a), G-7.2,
G-7.3 (G-7.3a, G-7.3b), G-7.4 (G-7.4a, G-7.4b, G-7.4c, G-7.4d),
G-7.5 (G-7.5a, G-7.5b, G-7.5c, G-7.5d, G-7.5e), G-7.6(G-7.6a),
G-7.7, G-7.8, G-7.9(G-7.9a, G-7.9b, G-7.9c), G-7.10, G-7.11,
G-7.12 (G-7.12a), G-7.13 (G-7.13a, G-7.13b, G-7.13c, G-7.13d,
G-7.13e, G-7.13f), G-8, G-9 , G-9.1, G-10, G-11, G-12, G-13,
G-14, G-14.1, G-14.2, G-15
• H,H-1.1, (H-l.la; H-1.1al), H-1.2, (H-1.2a, H-1.2a1, H-1.2a2 ;
H-1.2b, H-1.2c, H-1.2d), H-2, H-3, H-4, H-5 , H-5.1, H-5.2 (
H-5.2a, H-5.2b), H-5.3 (H-5.3a, H-5.3b), H-6, H-61 (H-6.1a,
H-6.1 b, H-6.1 c), H-62 (H-6.2a, H-6.2b, H-6.2c), H-63 (H-6.3a,
H-6.3b), H-7,H-7.1, H-7.2, H-7.3, H-7.4, H-7.5, H-8,H-9, H-10,
H-11, H-11.1, H-11.2, H-11.3 , H-12, H-12.1, H-12.2 (H-12.2a,
H-12.2a1; H-12.2b, H-12.2b1; H-12.2c, H-12.2c1), H-12.3
(H-12.3a, H-12.3b, H-12.3c), H-12.4 (H-12.4a, H-12.4b, H-12.4c,
H-12.4d, H-12.4e, H-12.4f, H-12.4g), H-12.5 (H-12.5a, H-12.5b,
H-12.5c, H-12.5d, H-12.5e, H-12.5f), H-14, H-14.1 (H-14.1a,
H-14.1b)
• J,J-1,J-2
EXHIBIT "A"
K, K-1,K-2, K-3,K-4,K-5,K-6, K-7,K-8, K-9
• M, M-1, M-2
• O, 0-1, 0-1.1, 0-1.2, 0-1.3, 0-1.4, 0-1.5, 0-1.6, 0-1.7, 0-1.8,
0-1.9, 0-1.10, 0-2, 0-2.1, 0-2.2, 0-2.3 , 0-3, 0-3.1, 0-3.2,
0-3.3, 04, 0-4.1, 0-4.2 , 0-5, 0-6 , 0-6.1, 0-62, 0-63 , 0-7,
0-7.1, 0-7.2, 0-8, 0-8.1, 0-8.2, 0-8.3, 0-8.4, 0-9, 0-9.1, 0-9.2,
0-9.3, 0-10, 0-10.1, 0-10.2, 0-10.3
• P, P-1, P-1.1, P-1.2, P-1.3, P-1.4, P-1.5 , P-2, P-3,P-4, P-5,P-6,
P-7, P-8, P-9, P-10,P-11, P-12, P-13
• Q, Q-1 , Q-1.1, Q-2, Q-3, Q-4 , Q-4.1, Q-4.2, Q-5, Q-5.1, Q-5.2,
Q-5.3, Q-6, Q-7, Q-8 , Q-8.1, Q-8.2, Q-8.3, Q-8.4, Q-8.5, Q-8.6,
Q-8.7, Q-8.8, Q-8.9
• U
2. GENERAL - Please provide the schedules set forth above on an unbundled basis.
(whereas: Unbundled means: Generation, Transmission, Distribution) Please
reconcile the Distribution rate filing with the total bundled rate filing filed in
question 1. Provide all workpapers, analysis, and assumptions to verify the
Company's stated data. Provide all schedules and workpapers on electronic disk
readable in Lotus or Excel format.
3. GENERAL - Please provide the FERC Form 1 for 1998 and 2001 when it is
filed.
4. GENERAL-Please provide all SEC filing for the period January 1, 2000
through the most current filing.
5. GENERAL-Please provide a copy of all Shareholder's annual reports from
calendar year 2000 through the present.
6. LOUISIANA FILINGS -Please provide the following information regarding
filings in Louisiana for the past 2 years (January 1, 2000 through the most current
data available):
a. A copy of any/all filings made at the Commission during the past 2
years. If the Company had a pending case on January 1, 2000,
please provide a copy of that filing also. This would include the
original filing, schedules, testimony, workpapers, etc...
b. A copy of any/all rebuttal testimony, sur-rebuttal testimony or any
response testimony filed by the Company during this period.
c. All findings, orders,preliminary orders or final orders filed by the
Commission during this time.
7. PRESENTATIONS-Provide copies of all speeches, remarks, notes of speakers
outlines, speeches and/or materials presented by Entergy and/or EGS,
GSU-Entergy Texas representatives to security analysts, investments bankers,
investors or financial officers and rating agencies for the period January 1, 2000
through the most current date. Provide all notes, memorandums and handouts
concerning such speeches.
8. FINANCIAL—Please provide complete copies of newsletters published by the
Company from January 1. 1999 to date,which are distributed to employees,
investors, or other groups interested in the performance of the Company. Please
update this request during the course of the rate review.
9. CASH WORKING CAPITAL —Please provide the Company's most recent
Lead Lag Study. The response should also include a copy of all workpapers that
back up the study.
10. SALES— Please provide the most current internal sales forecast on a
weather-normalized basis.
11. DEPRECIATION—Please provide the most recent depreciation study. This
should include all updated letters, workpapers, notes, etc... that relate to the most
recent depreciation study. In addition,provide:
a. The input data for life and salvage analysis on disk in Lotus
format;
b. Any theoretical reserve calculations associated with the study
along with all workpapers, assumptions, considerations, and
materials reviewed and/or relied upon; and,
c. The actual accumulated provision for depreciation as of the end of
the depreciation test period.
12. DEPRECIATION - Please provide a copy of each life extension study that EGSI
has performed or which has been performed for EGSI, or its affiliates' use.
13. DEPRECIATION - Please provide a copy of the three most recent generation
expansion plans utilized by EGSI.
14. EMPLOYEE BENEFITS - Please provide a schedule that details each of EGSI's
requested employee benefits test year amounts, adjustments, requested amounts
using the format below. Provide all calculations and supporting documentation to
determine the test year adjustment and requested amounts. Reference all
supporting calculations and documentation of the schedule and the applicable rate
filing schedule.
a. Description;
b. Schedule Reference;
c. Test Year Amount;
d. Adjustments; and
e. Requested Amount.
15. PENSION—Please provide the most recent Pension Actuarial Study. Please
include all updated letters received from the Company's actuarial regarding this
study.
16. OPEB—Please provide the most recent FAS 106 Actuarial Study. Please include
all updated letters received from the Company's actuarial regarding this study.
17. PAYROLL—Please provide an employee termination report. This report should
provide a listing by month of each employee that terminated its employment with
EGSI, date hired, date terminated and the employee's total annual salary. The
report should also state whether it is a transfer to an affiliate company rather than
terminating employment with any Entergy company.
18. PAYROLL—Please provide an employee hiring report. This report should
provide a listing by month of each employee that was hired by EGSI, date hired
and the employee's total annual salary. The report should also state whether it is
a transfer from an affiliate company rather than new employment with EGSI.
19. AFFILIATE—Please provide an organization chart that shows all
companies/divisions and/or partnerships starting from ENTERGY Corp for
calendar year 2001. This organizational chart should show both regulated and
non-regulated companies/divisions of ENTERGY Corp or its subsidiaries.
20. AFFILIATE—Please provide a copy of all current manuals, and other
documentation that clearly explains the Company's current methodology of
allocating costs from ENTERGY Corp., Services and other Divisions to the
remaining companies/divisions/subsidiaries of ENTERGY. The documentation
should clearly explain how the costs are distributed and fully explain the rationale
on who receives certain percentages of costs.
ENTERGY GULF STATES, INC.
2002 RATE REVIEW
FIRST SET OF RFI'S
TEST YEAR ENDING DECEMBER 31, 2001
1. FINANCIAL- Please provide the amount of dividends paid by EGSI to the present
Company Entergy by quarter for the period January 1, 1999 through December 31, 2001.
2. FINANCIAL- Please provide the monthly operating reports for the period January 1,
1999 through the present.
3. CUSTOMER INFORMATION —Please provide, on a monthly basis by rate class;
customer count, monthly kWh sales (unadjusted), kWh sales adjusted for weather for the
three calendar years prior to the test year in this proceeding. (1998, 1999, 2000)
4. SALES—Please provide the test year base rate revenues adjusted for weather.
5. UNBUNDLING COSTS_—Please separately identify and provide a description of all costs
associated with the preparation of unbundling and business separation by entity, by date,
separated by year, by account and by jurisdiction. For all amounts allocated from an
affiliate (for example; ESI) please fully explain any similar activities that were accruing
simultaneously to the Texas filings.
6. OUTSIDE SERVICES —Please provide a monthly breakdown of outside services for the
period January 1999 through the most current month available. Please provide a
description of what each service is related to and whether it is a recurring cost.
7. CASH WORKING CAPITAL —Please provide the amount of health, dental or any other
insurance appearing in EGSI's lead/lag workpapers attributable to retirees.
8. CASH WORKING CAPITAL—Please provide the payment terms associated with EGSI's
various coal contracts and various gas contracts for the calendar year 2001. Provide the
corresponding dollar amount paid under each of the coal contracts during calendar year
2000.
9. CASH WORKING CAPITAL —Please provide the monthly average accounts receivable
balance for retail sales by month for the 12 months ended December 31, 2001 and for
each month subsequent to calendar year 2001.
10. CASH WORKING CAPITAL —Please provide the average daily accounts receivable
balance for the calendar year 2001.
11. CASH WORKING CAPITAL —Please provide the daily revenue balances for the test
year.
12. CASH WORKING CAPITAL —Please provide the aging of accounts receivable report for
each month of calendar year 2001. If the Company has separate aging reports for large
power customers and others, please provide both.
13. CASH WORKING CAPITAL- Please provide EGSI's actual federal income tax payments
for calendar years 1999, 2000 and 2001. Please state what each payment is for,
separately show any refunds received, and explain the nature of any refunds.
14. DEPRECIATION - Provide adjusted plant balances as of December 31, 2001 by primary
account and by sub account.
15. DEPRECIATION - For production plant, provide balances by account, by generating unit,
by common plant, etc.
16. DEPRECIATION - Please provide gross salvage, cost of removal, and retirement
amounts by year, by account, by sub account(where applicable)and by unit(for
production plant or in the greatest level of detail available)for the last 10 years.
17. DEPRECIATION - Please provide all refurbishment and/or repowering studies(or any
similar such studies) performed by and/or for GSU. Provide all workpapers,
assumptions, considerations, and other materials reviewed and/or relied upon in
sufficient detail to permit replication of the final results of the studies.
18. DEPRECIATION - Please provide a detailed breakdown by account and by generating
unit for production plant(to the extent that the information is not available, then provide
the requested information in the greatest level of detail available)for the accumulated
provision for depreciation as of December 31, 2001. Provide a detailed narrative of how
such values were obtained along with all workpapers, assumptions, considerations, and
any other material reviewed and/or relied upon in sufficient detail to permit replication of
the data.
19. DEPRECIATION- Provide the gross salvage component of the net salvage analysis by
year, by account, for the ten-year period ending 12/31/01, broken down into reimbursed
gross salvage and other salvage. Specifically indicate what component of the
reimbursed gross salvage was not incorporated in the numerical salvage analysis relied
on for the Company's proposed rates (for production plant only).
20. DEPRECIATION - Please identify all abnormal, atypical, and/or unusual historical plant
activity of EGSI's investment which occurred and:
a. was removed from the historical analysis of EGSI's investment, and
b. was retained in the Company's analysis of historical investment.
21. DEPRECIATION -To the extent any historical plant investment activity was deemed to
be unusual, atypical, etc., please provide a detailed description and narrative of the
investment activity, why it was considered unusual, atypical, etc., the dollar level of such
investment, the year of placement and transaction within the historical period, and what
specific action was taken regarding such investment. Such information should be
provided by account.
22. DEPRECIATION - Please state, by account, the values of additions, retirements, gross
salvage, cost of removal, etc., that were modified from EGSI's continuing property
records for inclusion and presentation in its depreciation study and workpapers. Each
adjustment should be categorized by year, account, and dollar amount.
23. DEPRECIATION - If dollars associated with reuse or reimbursement are not 100%
credited or assigned to gross salvage, then specifically state which portions of the
Uniform System of Accounts are specifically relied upon. Provide a copy of each specific
definition, instruction, etc., which forms the basis of the Company's opinion.
24. DEPRECIATION - For any sale of utility property made by EGSI since January 1, 1998,
please state whether the gain or loss associated with such sale is contained in the
accumulated provision for depreciation. If any portion of the gain or loss has been
booked other than to the accumulated provision for depreciation, please indicate to what
account such gain or loss has been booked, the month and year in which the transaction
occurred, a description of the transaction and the dollar level of gain or loss.
25. DEPRECIATION - Please identify each time EGSI has been contacted by different
buyers regarding the potential purchase of any of its production facilities during the last 5
years. For each contact provide the following:
a. date;
b. the unit(s) in question;
c. content of request(e.g., interest in purchase of entire unit, interest in generator
only, etc.);
d. copy of request, if written, and any notes, memoranda, etc. related to such
inquiry;
e. the disposition toward each inquiry (e.g., Company not interested, currently
holding further discussions, etc.); and
f. name, address, telephone number, and contact individual of the interested party.
26. DEPRECIATION - Please state what activity Entergy, ESI, EOI and/or EGSI has initiated
regarding the potential sale of all or part of any generating facility during the past 5 years.
27. DEPRECIATION -Specifically define what constitutes"life extension"for each of EGSI's
generating units.
28. DEPRECIATION - Please provide the original design life for each of EGSI's generating
units. Further, provide all documentation which supports the response.
29. DEPRECIATION - Please provide the following information for each of EGSI's generating
units on an annual basis since their commercial operation:
a. capacity factor;
b. number of hot starts; and
c. Number of cold starts.
30. DEPRECIATION - For each generating unit that EGSI has retired in the past three years,
please provide the following:
a. The name of the generating unit;
b. the megawatt size;
c. The initial year of commercial operation;
d. The year of retirement;
e. The original cost;
f. The gross salvage;
g. The cost of removal;
h. A narrative identifying the mode of retirement(e.g., left in place, partial sale,
complete sale, total demolition, etc.); and
i. A detailed description of why the unit was retired.
31. DEPRECIATION - For each of EGSI's generating units please identify the operating
temperature and pressure.
32. DEPRECIATION -Please provide a list of the ten largest general plant structures and
improvements investments from a dollar standpoint, along with corresponding dollar
amounts, which were included in Account 390. Provide a detailed description (not legal
description) of the property. The description should include, but not be limited to, the
type of construction, year of construction, the size, current use, current property tax
appraisals, or other appraisals and any plans for retirement of such structures in the
future.
33. EMPLOYEE BENEFITS - Please provide the total medical plan expense for each month
during and subsequent to the test year up to and including the most recent month
available, and provide the total number of employees covered by the medical plan. Also,
provide the total medical plan expense requested in this proceeding.
34. EMPLOYEE BENEFITS - Please provide the actual number of claims and corresponding
amounts for such claims by year incurred by EGSI for the past three years.
35. EMPLOYEE BENEFITS - Please provide the following information by year for each year
from 1998 through 2001:
a. Total medical claims costs by year. Separate the total claims costs into active
employees and retirees.
b. Total number of claims by year for each year. Separate the total claims costs
into active employees and retirees.
c. The average medical claims costs by year for each year. Separate the total
claims costs into active employees and retirees.
36. EMPLOYEE PENSIONS AND BENEFITS - For FERC Account 926, provide a
breakdown which includes a description and the amount of each expense as booked in
this account for each month during the test year and the months subsequent to the test
year.
37. PENSION- Please provide the effect on the requested FAS 87 expense assuming each
of the following:
a. a 1% increase and decrease in the assumed discount rate;
b. a 1% increase and decrease in the salary escalation factor; and
c. a 1% increase and decrease in the number of employees;
d. To the extent the changes would not follow a linear pattern, please also provide
the effect of FAS 87 expense assuming a 2% and 3% increase and decrease in
each of the assumptions.
38. PENSION -Regarding FAS 87 expense please provide:
a. the decrease in requested expense assumed for each plan participant no longer
participating in pension plan;
b. the decrease in plan participants between measurement dates of January 1,
2000 through January 1, 2001; and
c. the decrease in requested expense assumed for each position terminated from
EGSI.
39. PENSION- Do employees contribute to the pension fund? If yes, please provide the
monthly employee pension contribution for the most recent three years, test year and all
subsequent months.
40. PENSION- Please provide the expense capitalization ratios actually experienced for
pensions for the test year, the three years prior to test year and all months subsequent to
the test year.
41. PENSION - Relating to Pension Actuarial Study please provide the surveys, the criteria,
source(s), and explain in detail how the Company arrived at each of the following factors.
Provide a copy of original documents from which each of the following values were taken.
a. all salary escalation factors;
b. all of employment factors;
c. all medical cost factors;
d. all discount rates; and
e. all long-term rate of return rates.
42. PENSION- Please provide the amounts expected to be funded for pension for calendar
years 2000 and 2001.
43. PENSION -Please provide the number of participants in the pension plan for each month
during the test year and for each month subsequent to the test year up to and including
the most recent information available.
44. OPEB- Please provide the effect on FAS 106 expense assuming each of the following:
a. a 1% increase and decrease in the assumed discount rate;
b. a 1% increase and decrease in the medical cost trend rate; and
c. a 1% increase and decrease in the number of employees;
d. To the extent the changes would not follow a linear pattern, please also provide
the effect of FAS 106 expense assuming a 2% and 3% increase and decrease in
each of the assumptions.
45. OPEB - Referring to FAS 106 actuarial study, provide the surveys, criterias, sources and
explain in detail how you arrived at each of the following factors:
a. the source(s) of all mortality factors;
b. the source(s)of escalation factors;
c. the source(s) of all employment factors;
d. the source(s)of all medical cost factors;
e. the source(s) of all discount rates; and
f. the source(s)of all long-term rate of return rates.
46. OPEB- Please provide a detailed description of any and all changes Entergy and/or
EGSI or ESI has implemented in the OPEB plan(s) in the three years immediately prior to
and including the plan utilized for the test year for cost of service purposes. Describe any
changes currently under consideration or any that may be in the process of being
implemented.
47. OPEB—Please provide the dates and amounts of the actual SFAS 106 payments made
from January 1, 1997 to present.
48. OPEB- For the test year, provide the amount of health, dental, and any other insurance
attributable to retirees by month.
49. OPEB- Please provide the weighted average attrition period (month and year)for
retirees receiving benefits during the test year.
50. OPEB- Please provide the expense/capitalization rates actually experienced for OPEB
for the test year, the three years prior to the test year and all months subsequent to the
test year.
51. OPEB -
a. Please identify how and where the level of retirees' portion of contributions has
been reflected in the SFAS 106 actuarial analysis;
b. If the retired employees' level of contributions has not been taken into account in
the actuarial analysis for SFAS 106 purposes, please indicate where in EGSI's
rate filing it has reduced the level of the amount to reflect such contributions.
Provide all support necessary to substantiate EGSI's response.
c. If EGSI has not made all necessary adjustments associated with current
contributions and medical and dental expense, provide the proper treatment for
the test year.
52. OPEB- Please provide copies of all studies or forecasts of medical inflation rates,
medical and health trend factors, and medical escalation rates prepared or used by
Entergy/EGSI/ESI and/or its actuary in the professional activities by the actuarial
Company.
53. OPEB-State the number of employees for whom FAS 106 expense is calculated for
each month during the test year and for each month subsequent to test year up to and
including the most recent information available.
54. OPEB AND PENSION -State the impact on current OPEB expense and pension
expense for a 0.25% increase and decrease in the discount rate and a 0.50% increase
and decrease in the discount rate.
55. PAYROLL—Please provide total employees by month, by division for the period January
1, 1999 through the most current month available.
56. PAYROLL—Please provide a monthly schedule documenting vacant employee positions
for the test year and the three prior calendar years.
57. PAYROLL- Please provide the following for the test year:
a. amount of executive continuity plan expense and the terms of the plan and
number of employees participating in the plan;
b. amount of executive income security plan expense and the terms of the plan and
number of employees participating in the plan;
c. amount of excess thrift plan expense and the terms of the plan and number of
employees participating in the plan; and
d. amount of non-qualified deferred compensation plan expense and the terms of
the plan and number of employees participating in the plan.
58. PAYROLL- Please provide the actual increase or decrease in payroll expense exclusive
of positions added or deleted for each of the years 2000, 2001 and subsequent months.
59. PAYROLL-Please provide the Company's job reductions during the test year and
subsequent months including the most current month available.
60. PAYROLL-What is the average length of employment for each of the past three years
and for the test year.
61. PAYROLL- Have any across the board wage increases been approved and put into
place since test year-end for EGSI, ESI, and/or EOI? If yes, provide all pertinent details
including, but not limited to, percentage increase, number of employees involved, type of
employees involved (bargaining and non-bargaining), applicable subsidiary and copies of
board of directors' approval.
62. PAYROLL- Has EGSI included any labor costs during the test year related to storm
damages charged during the test year? If yes, please quantify the total amount and
provide all supporting documentation.
63. PROPERTY INSURANCE RESERVE -Please provide a breakout of FERC 924-Property
Insurance. Identify the different insurance policies included in the amount, the premiums
paid or self-funded amounts for each insurance policy, the effective dates of the policies,
and copies of the page(s) in the policies showing a description of each policy and
coverage amount. Reconcile this schedule to EGSI's requested property insurance
expense explaining any differences.
64. PROPERTY INSURANCE RESERVE —Please provide a schedule reconciling the
property insurance reserve account beginning with the balance approved by the
Commission in Docket No. 16705 describing all additions and reductions made to this
reserve account to the current balance as of December 31, 2001.
65. EXPENSE CAPITALIZATION RATIO—Please provide the expense capitalization ratio(s)
experienced by the Company for test year expenses. Provide the same information for
the two calendar years prior to the test year. (1999, 2000)
66. RENT LEASE EXPENSE - Please provide a schedule detailing all rent expense by
property, terms of each rent lease agreement, expiration of the lease, and monthly rental
amounts. If any of the rental agreements have expired since test year-end provide a
copy of the new agreement or state that this rent will no longer be in effect. Please tie
the schedules to EGSI's total request for rent expense in rate filing package, reconcile
and explain any differences.
67. SEVERANCE- Please explain completely and discuss in detail each severance plan
included in EGSI's revenue requirement. Provide copies of all information that was given
to the employees related to this severance plan.
68. VACATION POLICY - Please provide EGSI's vacation policy (i.e., when is a new
employee eligible to take vacation, how does the Company accrue its vacation, when
does the employee become eligible for a greater number of vacation days, two years
service equals three weeks, three years service equals four weeks, etc.) and any other
type of policy eligibility requirements that EGSI has regarding employee vacations.
Please describe each employee incentive plan the Company has requested in its
revenue requirement. This description should breakout the type of employees eligible, a
description of the actual plan and the total amount for each type of plan that is included in
EGSI's requested revenue requirement.
69. ALLOCATORS—Please provide a list of all allocators used in the filing along with all
assumptions in developing each of the allocators, separately. Separate this response for
allocations used for allocating affiliates costs/expenses and allocating costs/expenses
between everything else.
70. ALLOCATORS—For each allocator that the Company has changed since the merger
with ENTERGY, please identify the allocator, provide all basis for the change, provide
support and justification for the change and fully document the change.
71. AFFILIATE—Please provide the total amount of ENTERGY Corp's President's salary
and the amount of the salary allocated to each of the companies/divisions of ENTERGY
Corp. for calendar year 2001. Please explain in detail how this amount was allocated
and what type of functional analysis was performed to allocated the amounts to each of
the companies/divisions. Provide the same analysis for any and all bonuses received by
the President of ENTERGY Corp and show how the amount is allocated to each of the
companies/divisions/subsidiaries.
72. AFFILIATE—In reference to the question above, if any company/division/subsidiary does
not receive a portion of the President's salary, please fully explain why and provide all
supporting workpapers for the explanation.
73. AFFILIATE—Please provide the total amount of ENTERGY Corp's Vice President's
salary and the amount of the salary allocated to each of the companies/divisions of
ENTERGY Corp. for calendar year 2001. Please explain in detail how this amount was
allocated and what type of functional analysis was performed to allocate the amounts to
each of the companies/divisions. Provide the same analysis for any and all bonuses
received by the each of the Vice President's of ENTERGY Corp and show how the
amount is allocated to each of the companies/divisions/subsidiaries.
74. AFFILIATE—In reference to the question above, if any company/division/subsidiary does
not receive a portion of the Vice President's salary, please fully explain why and provide
all supporting workpapers for the explanation.
75. AFFILIATE—Please state and provide a description of each of the divisions within the
Service Company of ENTERGY Corp. For each division within the Service Company (ie:
Legal, Accounting, Management, etc...), please provide the total amount of expense
(salary, overhead, etc...) incurred in calendar year 2001. For each division within the
Service Company, please state how much of the amount is allocated to each of the other
companies/divisions/subsidiaries of ENTERGY Corp., separately. Please provide and
fully explain the functional allocation used to allocate each of the costs to the different
companies/divisions/subsidiaries.
76. AFFILIATE—For each cost that is allocated from ENTERGY Corp to other
companies/divisions/subsidiaries in calendar year 2001, please provide the total amount
to be allocated, the total amount allocated to each company/division/subsidiary
separately, and the allocation method used to allocate the costs.
77. AFFILIATE—For each of the costs that originate from ENTERGY Corp and are allocated
to other companies/divisions/subsidiaries, please provide the total amount of these costs
and the amount of the salary allocated to each of the companies/divisions of ENTERGY
Corp. for calendar year 2001. Please explain in detail how this amount was allocated
and what type of functional analysis was performed to allocated the amounts to each of
the companies/divisions.
78. REVENUES—Please provide the most current level of actual base rate revenues, broken
down by rate class.
2
March 19, 2002
Consider readopting the City of Beaumont's Tax Abatement Policy and Philosophy
Statement for Tax Abatement and Program for Financial Incentives
City of Beaumont
•i• Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kyle Hayes, Economic Development Director
MEETING DATE: March 19, 2002
AGENDA MEMO DATE: March 13, 2002
REQUESTED ACTION: Council consider readopting the City of Beaumont's Tax
Abatement Policy and Philosophy Statement for Tax Abatement and
Program for Financial Incentives
RECOMMENDATION
The Administration recommends that the City Council readopt the City of Beaumont's Tax
Abatement Policy and Philosophy Statement for Tax Abatement and Program for Financial
Incentives.
BACKGROUND
The Texas Department of Economic Development designated the Beaumont/Nederland/Jefferson
County Enterprise Zone on January 2, 1998 and the designation is good for a seven-year period.
When the City Council nominated the Enterprise Zone, it also adopted a tax abatement policy for
the City of Beaumont. The tax abatement policy adopted by the City Council pertains to abatement
available for projects located within the city limits of Beaumont only. In other words,although the
City has a joint Enterprise Zone, each entity adopts their own guidelines and criteria for abatement.
By Texas law, governmental entities are required to readopt their tax abatement policies every two
years. The City Council adopted the current tax abatement policy on April 4, 2000. The
Administration does not recommend any changes to the existing policy.
Within the past two years, the City Council authorized two tax abatement requests. In August of
2000, West Teleservices was granted tax abatement and incentive funds in return for opening an
inbound call center in the Village Shopping Center. West currently has more than 1,300 employees.
In March of 2001,the City Council authorized a tax abatement request by Phoenix Millwork which
is a subsidiary of Baker McMillen Company for the construction of a 50,000 square foot building
on Cardinal Drive and 4`'Street. Due to current economic conditions,the tax abatement agreement
was never executed by Phoenix Millwork and the building was never constructed.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Economic Development Director.
RECOMMENDED MOTION
Approve/Deny readopting the City of Beaumont's Tax Abatement Policy and Philosophy
Statement for Tax Abatement and Program for Financial Incentives.
CITY OF BEAt;MONT
TAX ABATEMENT POLICY
PHILOSOPHY
Tax abatement is an economic development strategy to mitigate the substantial costs usually
associated with the construction of a new or expansion of an existing facility that enhances the
economic and/or social base of the community. Because property tax revenue is the means to
provide vital community services, it is the position of the City of Beaumont that tax abatement be
utilized sparingly, and only after careful consideration of the economic impact on the community.
Nothing herein shall imply or warrant that the City of Beaumont is under any obligation to provide
tax abatement to any applicant.
ELIGIBILITY
This policy document provides criteria for eligibility and policy implementation as adopted by the
City Council of the City of Beaumont, in accordance with the Texas Tax Code, Chapter 312,
otherwise kno«n as the Property Redevelopment and Tax Abatement Act(Act), governing property
tax abatement agreements. All applications will be considered on a case-by-case-basis.
The following types of enterprises are eligible to apply for tax abatement.
• Industrial/Manufacturing - activities such as engaging in the
mechanical or chemical transformation of materials or substances into
new products;assembling component parts of manufactured products,
if the new product is neither a structure nor other fixed improvement;
and blending of materials, such as lubricating oils, plastic toxins or
liquors.
• Distribution - activities described as the wholesale distribution of
durable and/or nondurable goods, such as motor vehicles, furniture,
lumber and other construction materials,professional and commercial
equipment, electrical goods, hardware and plumbing and heating
equipment, paper and paper products,apparel, and groceries.
• Central administrative office services-examples include performing
management, support services or telecommunication functions for related entities.
• Properties subject to a Texas Natural Resource Conservation
Commission (TNRCC) Voluntary Cleanup Program Agreement
Eligible property for which abatement may be granted includes non-residential real property and/or
tangible personal property located on the real property other than that personal property that was
located on the real property at any time before the abatement agreement is executed. Abatement
1
of taxes shall be the value of real or personal property located on the property for each year of the
Tax Abatement Agreement only to the extent that the value for the year exceeds the value for the
year in which the agreement was executed. Excluded from eligible personal property are inventory
or supplies.
A. The City of Beaumont herein ("Governmental Entity") adopts these guidelines and criteria
for tax abatement("Policy") for real property owners who propose a project("Project")to develop,
redevelop and improve taxable qualifying real property("Real Property"). The Governmental Entity
is willing to provide a subsidy to a Real Property Owner in the form of a special exemption from
certain taxes provided the Real Property Owner agrees to accept and abide by this Policy. If the Real
Property owner leases said property to a third party- the Governmental Entity may require assurances
that the conditions outlined in this policy for the Real Property Owner will be met.
B. The abatement of ad valorem taxes on Real Property- will be evaluated and determined
according to the following formula and will be subject to the remaining terms of this policy.
NUMBER OF NEW
PERCENT OF CREATED CAPITAL COST OF FULL-TIME JOBS
VALUE TO BE ABATED THE PROJECT (OR) TO BE CREATED
0% 0 - 1,000,000 Not Applicable
30% 1,000,001 - 2,500,000 26-50
40% 2,500,001 - 5,000,000 51-75
50% 5,000,001 - 10,000,000 76-100
Individual Case Basis 10,000,001 or more 101 or more
A full-time equivalent employment position is one that provides at least 2,080 hours annually within
the City's taxing jurisdiction. The number of full-time equivalent employment positions is
determined by adding the total number of hours worked and/or actual paid leave(such as vacation,
sick leave,jury duty) of all employees, less overtime hours, and dividing that sum by 2,080. All
existing jobs as well as those created must be maintained throughout the term of a tax abatement
agreement.
C. With respect to a Project with a minimum construction cost of 10,000,001, each tax
abatement request will be individually reviewed by the Governmental Entity and approved or
declined based on the merits of the application. The percentage of taxes abated is one hundred
percent abatement until Project Completion, not to exceed the first and second Tax Year. The
percentage of taxes abated for the first through fifth Tax Years next following Project Completion
shall be that percentage of abatement granted by the Governmental Entity at the time of application.
With respect to a Project under $10,000,000, the period of abatement is seven years; limited,
however, to no more than five Tax Years next following Project Completion.
2
The period of time that the taxes are abated will be referred to as the"Abatement Period".
The "first Tax Year" is defined as the first full calendar year next following the commencement of
construction of the Project.
PROPERTIES SUBJECT TO
VOLUNTARY CLEANUP AGREEMENT
Tax abatement may apply to properties that are subject to a Voluntary Cleanup Program Agreement
as executed with the Texas Natural Resource Conservation Commission(TNRCC) in accordance
with §361.601 et. seq. of the Health and Safety Code for the cleanup or removal of a hazardous
substance or contaminant from the environment, as follows:
Capital Expenditure Jobs Created Abatement Yeah
Minimum of 5250,000 10 100% 1
75% 2
50°0 3
25°o 4
Tax abatement for such properties shall not exceed four years and will take effect on January 1 of
the year following the date the property owner receives a certificate of completion for the property.
The City of Beaumont may cancel or modify the agreement if it determines that the use of the land
is changed from the use specified in the certificate of completion, and the new use may result in an
increased risk to human health or the environment.
D. Prior to beginning the actual construction work on the Project proposed for tax abatement,
the Real Property Owner requesting tax abatement within a lawfully created reinvestment zone must:
(1) Provide the Governmental Entity with(a)a description of the Project clearly defining
and delineating the work to perform; (b) a statement agreeing to expend a designated amount
("Project Cost")for the Project and, if the abatement is based on Required Jobs,a separate statement
agreeing that the required minimum number of full-time jobs will be created("Required Jobs)and
maintained during the term of the Contract; (c)an explanation as to how the Project will provide a
long term significant positive economic benefit to the community, the Governmental Entity and its
taxpayers; (d) information as to what attempt will be made to utilize Jefferson County contractors
and workers; and (e) information as to what attempt will be made to utilize Jefferson County
minority contractors and workers.
(2) Furnish the Governmental Entity with a written statement that tax abatement will be
a significant factor in determining whether the Project for the development, redevelopment or
improvement of the Real Property will take place.
(3) Agree to execute a Contract with the Governmental Entity containing the covenants
and conditions required by the Governmental Entity.
3
E. Should the Governmental Entity agree to grant an abatement to the Real Property Owner
after compliance with the procedure outlined above, then:
(1) Subject to the terms and conditions of the Contract, a stipulated percentage as set
forth above of those particular ad valorem real property taxes ("Taxes") which are generated by
virtue of fair market value created"("Created Value")solely due to the construction and completion
of the Project on the real Property will be abated.
(2) The Period of Construction ("Construction Period") for the Project shall not go
beyond the end of the second Tax Year. During the Construction Period the Real Property Owner
must actually expend the Project Cost.
(3) Within six months next following the end of the Construction Period,the Project must
be operational; i.e., it must actively serve the purpose for which it is designed.
(4) In the e-ent the Project is either:
(a) Not complete at the Minimum Cost by the end of the Construction Period; or
(b) Is timely completed at the Minimum Cost but is not operational within six
months next following the end of the Construction Period; or
(c ) Is timely completed but the Required Jobs are not created or maintained as
set forth in paragraph(B); or
(d) Is timely completed at the Minimum Cost, is operational within six months
next following the end of the Construction Period and, if applicable,meets
the job requirements, but its operations are discontinued for a continuous
period of twelve months,then the Contract shall terminate with respect to the
Project and so shall the abatement of Taxes for the Created Value of the
Project. The Taxes otherwise abated with respect to the Project shall be paid
to the Governmental Entity on the date specified by law,or, if such date has
passed, then within sixty (60) days of the accelerated termination of the
Abatement Period.
(5) Employees and/or designated representatives of the Governmental Entity will have
access to the Project during the term of the contract for inspection purposes so as to determine if the
terms and conditions of the Contract are being met. All inspections will be made only after the
giving of twenty-four(24)hours prior notice and will only be conducted in such a manner as to not
unreasonably interfere with the construction and/or operation of the Project. All inspections will be
made with one or more representatives of the Real Property Owner,and in accordance with its safety
standards.
4
(6) In the event that (a)The Real Property Owner allows its ad valorem taxes owed the
Governmental Entity to become delinquent and fails to timely and properly follow the legal
procedures for their protest and/or contest; or(b)the Real Property Owner violates any of the terms
and conditions of the Contract, and fails to cure during the Cure Period (as hereafter provided), then
the Contract may be terminated by the Governmental Entity,and all taxes otherwise abated by virtue
of the Contract will be recaptured and paid to the Governmental Entity by the Real Property Owner
within sixty(60) days of the termination.
(7) The term "Base Year Value" as used herein is the market value of all realty
improvements of the Real Property Owner located within the taxing entity as of January I of the year
a contract is executed less the abated value of all projects granted the Real Property Owner by the
taxing entity for the"Base Year". The term"Taxable Value" is determined by deducting the amount
of any abatements granted for that Tax Year from the appraised market value of all realty
improvements of the Real Property Owner located within that taxing entity. If on January 1 st of any
Tax Year all of the legally determined realty improvements owned by the Real Property Owner
ithin the jurisdiction of the Governmental Entity is less than the legally determined Base Year
Value and/or in the event that the Real Property Owner reduces their ad valorem taxes on personal
property otherwise payable to the Governmental Entity by participating in a foreign trade zone or
by having otherwise taxable property exempted pursuant to special legislation, e.g., the"Freeport
Amendment"("Special Treatment"),then the abatement otherv%ise available shall be reduced by one
dollar for each dollar that the taxable value is less than the Base Year Value and,also, for each dollar
of tar reduction attributable to Special Treatment;provided,however,that in no event shall the offset
exceed the Created Value of the Project otherwise subject to the abatement of Taxes.
(8) Notwithstanding any other provision herein to the contrary in the event that the
Governmental Entity adopting this Policy is required to adopt a tax rate which would subject the
Entity to a tax rollback election under Section 26.07 of the Property Tax Code,and this increase is
caused by requirements set forth by the State;mandated by the judiciary;expenses required to repair,
rebuild or rehabilitate improvements which are damaged or destroyed;or due to a significant decline
in value of a major industrial complex located in the jurisdiction of the Entity,then the Entity may
allocate the taxable value necessary to reduce the actual rate below the rollback rate to the Owners
of abated property based on the Owner's prorata share of the total abated value for the current tax
year.
(9) Should the Governmental Entity determine that the Real Property Owner is in default
in the terms and conditions of the Contract, then the Governmental Entity will notify the Real
Property Owner at the address stated in the Contract of such claimed default,and if such is not cured
within sixty(60)days from the date of such notice("Cure Period"), the Contract may be terminated
by the Govenunental Entity. Any notice of default shall be in writing and shall be given by personal
delivery or by certified mail,return receipt requested. In the event the notice is affected by personal
delivery, the date and hour of actual delivery shall be the time and date of such notice to the
Business. Absent a postal strike or the stoppage of the mails, in the event of delivery of notice by
registered or certified United States mail, the date and hour following 48 hours after the date and
hour at which the sealed envelope containing the notice is deposited in the United States mail,
5
properly addressed, and with postage prepaid, shall be the time and date of such notice to the Real
Property O«ner.
F. The Governmental Entity adopting this Policy shall have the final decision with respect to
its interpretation and, also, as to whether the minimum standards set forth above have been met by
the Real Property Owner.
G. This Policy shall terminate on the second anniversary from the date of its adoption by the
Governmental Entity.
APPLICATION
For additional information on tax abatement, contact the City of Beaumont's Department of
Economic Development at(409) 880-3708. In determining how and with whom tax abatement will
be utilized, the City will examine the potential return on the public's investment, including net jobs
created.jobs retained, broadening of the tax base. expansion of the economic base and competitiVe
impact upon existing industries and businesses. Approval is contingent upon final consideration and
action by the Beaumont City Council. To the extent permitted by law, information provided by an
applicant in connection with a request for tax abatement is confidential and not subject to public
disclosure until the tax abatement agreement is executed.
6
Application for Tax Abatement
City of Beaumont
This application will become part of the Tax Abatement Agreements and any knowingly false representations will be
grounds for the voiding of the agreement. An original copy of this request should be submitted to Kyle Hayes,
Economic Development Director,City of Beaumont,P.O.Box 3827,Beaumont,Texas 77704.
Part I - Applicant Information Application Date
Company Name:
Address
Telephone:
Current Number of Employees:
Annual Sales:
Employees in Taxing Jurisdiction:
Beaumont Address:
Years in Jefferson County:
Legal Counsel:
Address:
Telephone:
❑ Corporation ❑ Partnership ❑ Proprietorship
Has the Applicant Company recently been cited or currently under investigation for any violations
of Federal, State, and/or City laws, codes, or ordinances? ( ) no ( ) yes
If yes, please provide detailed information on the nature and status of the violation(s) on a separate
sheet of paper.
Is any interest in the project presently held by a member of the Beaumont City Council, Planning and
Zoning Commission, Economic Development Department or any other City employee?
( ) no ( ) yes
Attach a description of the.Applicant Company, including a brief history, corporate structure, and business plan and
annual statement, if available.
Part H- Project Information
Location Address:
Legal Description:
Tax Acct. Numbers:
Attach statement fully explaining project, describe existing site and improvements, describe all proposed improvements
andprovide list of improvements and equipment for which abatement is requested. If available,provide a map showing
location of existing and proposed improvements.
Section A - Economic Development
Type of Facility/abatement:
• Industrial ❑ Central Administrative office services
• Manufacturing ❑ Distribution
❑ Brown fields site ❑ Other
Describe product or service to be provided:
Part III- Economic Information
Construction Estimate:
Contractor:
Start Date / / Contract Amount
Completion Date / / Peak Construction Jobs
If Modernization:
Estimated current economic life of structure years
Added economic life from modernization years
Permanent Job Creation/Retention:
Current employment Jobs to be Retained:
Full-time jobs created at opening 20
at 3 years 20
(A full-time equivalent position is one that provides at least 2,080 hours annually within the City's taxing jurisdiction.)
Provide information, if available, on
(1) new employee needs; e.g. skilled vs. non-skilled, level of education, experience, etc.;
(2) any training which the company will provide to its new employees;
(3)attach a list of new jobs to be created by job class with associated wage and salary ranges. Also,
provide an average wage for hourly jobs and an average salary for management jobs;
(4)attach a list of benefits provided to employees. Indicate if employees' dependents have access to
the company's health plan;
(5)attach a list describing the type of incentive and/or assistance you will be requesting from other
City departments and/or utility companies;
(6) describe any goodwill benefits your company will provide to the community.
Personal Property
(FurnitureAxtures
Estimated Appraised Value on Site Land Improvements and equipment)
Value on Januga 1 preceding abatement
Estimated value of new abatable investment
Estimated value of properties not subject to abatement
i.e.inventoKy,g1 lies
Estimated value of property subject to advalorem tax
at end of abatement
'Please state the method used to determine the estimated value of proposed improvements(i.e. appraisal ofplans and
specs,etc)
(1) Provide the Governmental Entity with (a) a statement agreeing to expend a designated
amount("Project Cost") for the Project and, if the abatement is based on Required Jobs, a separate
statement agreeing that the required minimum number of full-time jobs will be created ("Required
Jobs)and maintained during the term of the Contract; (b) an explanation as to how the Project will
provide a long term significant positive economic benefit to the community, the Governmental Entity
and its taxpayers; (c) information as to what attempt will be made to utilize Jefferson County
contractors and workers; and (d) information as to what attempt will be made to utilize Jefferson
County minority contractors and workers.
(2) Furnish the Governmental Entity with a written statement that tax abatement will be a
significant factor in determining whether the Project for the development, redevelopment or
improvement of the Real Property will take place.
(3) Agree to execute a Contract with the Governmental Entity containing the covenants and
conditions required by the Governmental Entity.
Company Representative to be Contacted: Authorized Company OfI icial:
Name:
Authorized Signature
Title:
Name and Title
Address: Telephone:
CITY OF BEAUMONT
PHILOSOPHY FOR TAX ABATEMENT AND
PROGRAM FOR
FINANCIAL INCENTIVES
Tax abatement is an economic development strategy to mitigate the substantial
costs usually associated with the construction of a new or expansion of an existing
facility that enhances the economic and/or social base of the community. Because
property tax revenue is the means to provide vital community services, it is the
position of the City of Beaumont that tax abatement be utilized sparingly, and only
after careful consideration of the economic impact on the community and similar
type businesses located in the city.
Financial incentives, such as direct financial payments to a business, may be
considered if a large number of new jobs will be created or there are unusual
circumstances that warrant additional consideration. Financial incentives will be
used sparingly, and only after careful consideration of the economic impact on the
community and similar type businesses located in the city.
Financial incentives may be considered if the capital investment made by a
company or the number of new jobs created is consistent with the City of
Beaumont Tax Abatement Policy. Financial incentives will only be considered if
the minimum capital investment is greater than $1,000,000 or at least 26 new full-
time jobs will be created. A full-time equivalent employment position is one that
provides at least 2,080 hours annually within the City's taxing jurisdiction. The
number of full-time equivalent employment positions is determined by adding the
total number of hours worked and/or actual paid leave (such as vacation, sick
leave,jury duty) of all employees, less overtime hours, and dividing that sum by
2,080.
3
March 19, 2002
Consider an amendment to the tax exemption for the"Coale Building" at 461-469 Bowie
76~ Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: March 19, 2002
AGENDA MEMO DATE: March 13, 2002
REQUESTED ACTION: Council consider an amendment to the tax exemption for the "Coale
Building"at 461-469 Bowie.
RECOMMENDATION
The Administration recommends an amendment to the tax exemption for the"Coale Building"so that
it includes Lot 335, Block 51, Beaumont Addition, only.
BACKGROUND
Dr. Hervy Hiner, the property owner, in conjunction with Wayne and Karen Ingwersen, are
renovating the Coale Building at 461-469 Bowie. The Ingwersens are going to operate a restaurant
and jazz club in the building.
Renovations to the building include repairs to the outside of the building and extensive renovations
to the interior of the building. Total costs are estimated at$1,844,000.00. The dollar amount ofthe
improvements to the building far exceeds the current value of the entire property. This building is
a contributing structure to the downtown area. Its renovation will significantly add to the
revitalization of the Central Business District.
This item was considered at City Council on January 8,2002.Dr.Hiner owns lots 334 and 335. The
building is located on Lot 335. Lot 334 is a parking lot. The resolution approved by City Council
inadvertently included Lot 334. The historic tax exemption would apply to the renovation of the
building only.
BUDGETARY IMPACT
For a period of ten (10) years, the taxes on the Coale Building will be frozen at 100% of the pre-
renovation value. The current appraised value is$49,110.00.
PREVIOUS ACTION
At a Public Hearing of the Historic Landmark Commission on November 14,2001,the Commission
voted 9-0 to approve a tax exemption that would freeze taxes for ten(10)years at the pre-renovation
value.
On January 8, 2002, the City Council voted 6-0 to approve a tax exemption on Lots 334 and 335,
Block 51, Beaumont Addition.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Executive Assistant to City Manager/Economic Development Director and the
Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request for an amendment to the tax exemption for the"Coale Building"at 461-469
Bowie so that it includes Lot 335, Block 51, Beaumont Addition, only.
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Being Lot 335, Block 51, Beaumont Addition, City of Beaumont,Jefferson County, Texas,
containing 0.165 acres, more or less.
4
March 19, 2002
Consider conducting a public hearing/workshop to review the 2002 Public Services/Public
Facilities and Improvements Applications, and receive comments on the public services line
item of the 2002 Action Plan of the Consolidated Block Grant Program
City of Beaumont
I
Council Agenda Item
MA c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Janett Blunt, Interim Grants Administrator
MEETING DATE: March 19, 2002
AGENDA MEMO DATE: March 12, 2002
REQUESTED ACTION: Council conduct a public hearing/workshop to review the 2002 Public
Services/Public Facilities& Improvements Applications, and receive
comments on the public services line item of the 2002 Action Plan of
the Consolidated Block Grant Program.
RECOMMENDATION
The Administration recommends that Council conduct a public hearing/workshop to review the 2002
Public Services/Public Facilities&Improvements Applications,and receive comments on the public
services line item of the 2002 Action Plan of the Consolidated Block Grant Program.
BACKGROUND
As mandated by the U. S. Department of Housing and Urban Development, City Council has
conducted such public hearings/workshops in previous years prior to adopting the City's Final Annual
Action Plan. In addition,the Community Development Advisory Committee(CDAC)has held seven
(7)meetings to discuss the 2002 Action Plan,in order to make its recommendations to City Council.
Council adopted the 2002 Preliminary Budget at the February 12, 2002 City Council meeting.
BUDGETARYIMPACT
The 2002 federal allocation of$3,396,000 is comprised of$2,387,000 in Community Development
Block Grant funds, $926,000 in HOME funds and $83,000 in Emergency Shelter Grant funds.
During the February 12, 200 Council Meeting, Council allocated $100,000 to the Public
Services/Public Facilities& Improvements line item.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
Council will be asked to make public services/public facilities&improvements allocations at the next
City Council meeting.
RECOMMENDED BY
City Manager, Executive Assistant to City Manager/Economic Development Director, Planning
Manager, Housing Coordinator and ('wants Administrator.
RECOMMENDED MOTION
No Council action requested.
Page 2
141
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 19, 2002 1:30 P.M.
CONSENT AGENDA
Approval of minutes
:k Confirmation of committee appointments
A) Approve a one-year contract for the purchase of water treatment chemicals
B) Authorize the City Manager to convey properties to the Beaumont Community Housing
Development Organization, Inc.
C) Accept the Delaware Street Extension improvements for City maintenance
D) Authorize the City Manager to execute the Form ROW U-43, the Three Party Utility
Agreement for Alon Petroleum Pipe Line Company related to the FM 364 Major Drive
Improvement Project
C) Authorize the City Manager to execute an agreement with the Beaumont Association
for Senior Citizens (BASC) for space allocation at the Best Years Center
F) Authorize the City Manager to execute an agreement with the Young Men's Business
League (YMBL) for use of an office building at Fair Park
CONSENT AGENDA MARCH 19, 2002
* Committee Appointments
A) Approve a one-year contract for the purchase of water treatment chemicals
The Administration recommends approval of a one-year contract with various vendors for purchasing
water treatment chemicals at the unit costs stated in the staff memorandum with an estimated total
annual expenditure of$241,646. The chemicals are used to disinfect and purify the water supply.
Funds are available for this expenditure in the Water Utilities Division's operating budget.
B) Authorize the City Manager to covey properties to the Beaumont Community Housing
Development Organization, Inc.
Lots 5 and 6, Block 6 of the Silver City Addition (2065 and 2085 011ie Street) and Lots IA and 2A,
Block 6 of the Silver City Addition (3710 and 3720 Broussard Street) will be conveyed to the
Beaumont Community Housing Development Organization,Inc.for the construction of homes for the
Neighborhood Revitalization Project. As part of the Neighborhood Revitalization Project, lots are
being acquired in various locations throughout the city to provide decent,safe and sanitary housing for
low and moderate income families. The Administration recommends approval of this item. A copy
of the staff memorandum is attached for your review.
C) Accept the Delaware Street Extension improvements for City maintenance
The Administration recommends approval of the Delaware Street Extension from existing Dowlen
Road approximately 296 feet west to the end of roadway and also the Water and Sanitary Sewer
Improvements within the Delaware Street Extension right-of-way. The improvements passed final
inspection from all entities involved on March 11,2002. A copy of the staff memorandum is attached
for your review.
D) Authorize the City Manager to execute the Form ROW U-43, the Three Party Utility
Agreement for Alon Petroleum Pipe Line Company related to the FM 364 Major Drive
Improvement Project
The Administration recommends that the City Manager be authorized to execute the Form
ROW U-43. The City of Beaumont, in cooperation with the Texas Department of Transportation has
entered into an agreement to make improvements to FM 364/Major Drive from Humble Road to I-10.
Part of this agreement is to have any adjustments that may need to be made by both pipeline and utility
companies submitted to the State for approval prior to authorizing any work to be done. A copy of the
staff memorandum is attached for your review.
E) Authorize the City Manager to execute an agreement with the Beaumont Association
for Senior Citizens (BASC) for space allocation at the Best Years Center
The Administration recommends authorizing the City Manager to execute a three-year contract with
BASC for space allocation at the Best Years Center, located at 780 South Fourth Street. BASC has
leased an area of approximately 4,768 square feet in the north wing of the Best Years Center since
1979. The space is used to provide activity programs for approximately 50 senior and disabled citizens
each day. The three-year contract will commence April 1,2002 and expire March 31,2005. The City
has revised the insurance policy requirements for comprehensive general liability from $500,000 to
$1,000,000. All other provisions of the agreement remain the same as in previous years. As
consideration for use of the space, a payment of$1.00 per year will be required. A copy of the staff
memorandum is attached for your review.
F) Authorize the City Manager to execute an agreement with the Young Men's Business
League (YMBL) for use of an office building at Fair Park
The Administration recommends authorizing the City Manager to execute a two-year lease agreement
with the YMBL beginning April 1,2002 and expiring March 31,2004. According to City records,the
YMBL has leased property at the Fair Grounds dating back to August 1942. Since April 1981, the
YMBL has held a continuous lease on the 4,400 square foot building that is the subject of this renewal.
The lease agreement provides that the YMBL will pay the cost of utilities, all necessary repairs and
replacements to the building, and janitorial services. As consideration for the lease of the office
building,the YMBL agrees to pay an annual rent of$4,800,payable in equal installments of$400 in
advance, on the first day of each and every calendar month during the full term of the lease. 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: Kirby Richard, Central Services Director
MEETING DATE: March 19, 2002
AGENDA MEMO DATE: March 5, 2002
REQUESTED ACTION: Council approval of a one(1)year contract for the purchase of water
treatment chemicals.
RECOMMENDATION
Administration recommends award of a one(1)year contract to various vendors as reflected below
for purchasing water treatment chemicals at the unit costs stated below with an estimated total
annual expenditure of$241,646.
BACKGROUND
Bids were requested for an annual contract for water treatment chemicals for use by the Public
Works Department, Water Utilities Division. The chemicals included in this bid are listed below.
The chemicals are used to disinfect and purify the water supply.
Bid notices were provided to 43 vendors with 13 responding with bids. The products of each
bidder recommended for award met all certifications specified.
BUDGETARY IMPACT
The contract provides for the vendors to furnish water treatment chemicals at the following fixed
unit prices:
Vendor Chemical Current Price Per Prior Year Price Per
Ton Ton
Kahn Chemical Aluminum Sulfate $114.50 $120
Stafford. Texas
Annual Contract for Water Treatment Chemicals
March 5, 2002
Page 2
Vendor Chemical Current Price Per Prior Year Price Per
Ton Ton
Pennco, Inc. Fluorosilicicic Acid $145 $139.76
Bellville, Texas
Southern Ionics, Inc. Aqua Ammonia $330 $350
West Point, Mississippi
ALTIVIA Corp. Liquid Chlorine $236.46 $269
Houston, Texas
Calciquest, Inc. Phosphate $1,700 $1,794
Belmont, North Carolina
The total estimated expenditure is $241,646 for the one (1) year contract period.
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 one (1) year contract for purchasing water treatment chemicals to the
following vendors: Kahn Chemical - Aluminum Sulfate at $114.50 per ton; Pennco, Inc. -
Fluorosilicic Acid at $145 per ton; Southern Ionics, Inc. - Aqua Ammonia at $330 per ton;
ALTIVIA Corp. - Liquid Chlorine at$236.46 per ton; and Shannon Chemical Corp. -Phosphate
at $1,700 per ton.
BID TABULATION FOR WATER TREATMENT CHEMICALS
BID NO.: RF0102-20
BID OPENING DATE: 2/21/02
:1LTIVIA Corporation Skyhawk Chemicals,Inc. SoNa y'Dry Gas Production Svslems Southern Ionics Inc.
� )Fluorides,Inc. (Tanner Industries Shannon Chemical Corp.
VENDORS IIouston,Texas Houston,Texas Kirbyville,Iexas West Point,\1ississippi St.Louis,Missouri Southampton,Pennsylvania Malvern,Pennsylvania
_lGrelchen Van Becrs --. _David Gaspard IJinuw Midkiff _ Khri�]'gdd (Mark E.LQonev _ 1.Thomas Laurja _ Daniel C.Flynn _
L.__U D�bSCRIPTION- _QTV. COST :. TOTAL COS'1 TO'PAL I .__..-COST ._ I_TOTAL .�'QST TOTAL -COQ T TA 0$T _TOTAL_ COST TILTAl
- —.
�ALUIv1iN9T1SULFAI'F. T1,000,N/B IN/B iN/I1 N/B N/B N/B 5119001 5119.000.00 N/B tN/B tN/B jvB N/B !N/13
I,
_ TONS( _
�LUOROSILICIC ACID 65 N/B --- N/B I $165.00 $'0,725.00INA3 IN/B — N/B N/13 - $257.(HI 50.00 iN/F3 - N/B IN/B IN/B
�. (TONS I ,
QUA AMMONIA 60IN/B N/B $496.001 S_9,76000 IN/B NIB i330.001_ $19,8011.00 N/B N/B $475.001 $0.00 N/B N/B
_'IONS_ _ I I .
(LIQUID CHLORINE 1 2201-- - $236.46 $52,021.20 N/B N/B S360,001 IN/B N/B N/B IN/B IN/B iN/13 IN/B
PHOSPHATE 27 N/B N/B N/B NIB I $1,719.(x)1 $46,38600 N/B N/B IN/B N/B N/B N/B — $1,737001 $0.0011
CYLIWER RENTAL I1'ONSI I I —
r bO OOI $0.001 50.00 $000 N/A N/A N/.4 N/A N/A IN/A V/A N/A N/A N/A
((CYLINDER DEPOSIT, — 50.00 $0.001 — $0.00 b0.00 IN/A IN/A iN/A IN/A IN/A �N/A N/A IN/A IN/A IN/A
Calciquest,Inc. Lucier Chemical Ind. 1Pencco,Inc. GEO Specialty Chemicals IDXI Industries,Inc. Kahn Chemical,Inc.
VENDORS (Belmont,North Carolina (Jacksonville Beach,Florida Bellville,Texas (Little Rock,Arkansas Houston,Texas (Stafford,1'cxas
.. .. ._ -_John Q,Walsh Marline L.St_opch _ IR I, Home__ _ PauL*vlc(mtre ,Andrew Pearce __ _ Heidi RQb.uson
:i..DIPJIF�.CRIPTI9N IOTY,_I CUST. ._ TOTAI. - S95'1 I TOTAL I COST Icy _-_COST _ '[QTAL LOST _ --TOTAI, C_Q$L. I �'OTAL�.
ALUMINUM S[JLFATF 1,0001 N/B �V/B N/B INM N/B IN/B $143.0. $143030.00�N/B �N/B I $114.50 $114560.00'1
j TONS.
FLIJOROSILICIC ACID I 65 N/B — IN/B $149.x9 S9,74-1 851 $145,D0 $9,425.00,N/B N/B N/B - N/B IN/B N/13
__ TONS1 —..
AQUA AMMONIA 60 NIB N/B IN/B N/R N/B N/B IN/E3 IN/B Np3 IN/B b406.00 b24,360.00
_ TONS( � I
LIQUID CIILORINE 220 N/B IV/I3 N/H N/B IN/B IN/B IN/B N/B I $239.001 $52,58000 IN/B IN/B I
TONS(PHOSPHATE 271 -- $1,700.00 $45,9010.00:N/B IN/B N/B IN/B NIB N/B IN/B N/B IN/B N/B
CYLINDER RF.N'I-AL: N/A N/:\ N/A N/A IN/A IN/A N/A IN/A IN/A N/A N/A _V/A
CYLINDER DBPOSIT N/A IN/A IN/A N/A IN/A N/A— IN/A iN/A N/A IN/A IN/A
Denotes recommended award.
B
Cit y of Beaumont
•i• Council Agenda Item
M = I g
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 13, 2002
AGENDA MEMO DATE: March 13, 2002
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to
execute a deed conveying two (2) lots in the Silver City Addition,
to the Beaumont Community Housing Development Organization,
Inc. for the construction of homes for the Neighborhood
Revitalization Project.
RECOMMENDATION
The properties listed below need to be conveyed to the Beaumont Community Housing
Development Organization, Inc. (BCHDO) for the construction of homes:
Lots IA and 2A, Block 6 of the Silver City Addition
(3710 and 3720 Broussard Street)
[Replat of Lots 1 and 2, Block 6, Silver City Addition - 2015 and 2025 011ie Street]
Lots 5 and 6, Block 6 of the Silver City Addition
(2065 and 2085 011ie Street)
Administration recommends the execution of a deed conveying above properties to Beaumont
Community Housing Development Organization, Inc.
BACKGROUND
As part of the Neighborhood Revitalization Project, lots are being acquired in various locations
throughout the city to provide decent, safe and sanitary housing for low and moderate income
families.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
The City acquired the property in the Silver City Addition from the Estate of Esther T. Jones on
September 7, 2000.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to execute a deed conveying two(2)lots in the Silver
City Addition, to the Beaumont Community Housing Development Organization, Inc. for the
construction of homes for the Neighborhood Revitalization Project.
SUBJECT
PREPOSED CONVEYANCE TO H A R R I E T 7 d
BEAUMONT COMMUNITY HOUSING SEUTHERLAND
DEVELOPMENT ORGANIZATION, INC. E A
LOTS 1 A & 2A,
BLOCK 6, U
SILVER CITY ADDITION E L:_�! E G Y
3710 & 3720
BROUSSARD ST. T E ,O L L I E 'O P
(REPLAT OF LOTS 1 & 2,
� 3 � B
BLOCK 6,
SILVER CITY ADDITION) M Y q H B E R 1 9d
2015 &2025 q J
OLLI E ST. N O R A. 0 Q
OWNER: _ LE L A �� B i C7 N -V
CITY OF BEAUMONT "
LEGEND L❑CATION MAP
N.T.S.
SUBJECT PROPERTY
r
w
J
J �
Q -
W
o W
N �
�P ryP c~i�
w m
C
p w
ID
a
r-
a
a
a
ca
z
w
0
m
- rn
BR❑USSARD STREET
a
Li
U
N.T.S.
PREP03ED CONVEYANCE TO SUBJECT
BEAUMONT COMMUNITY w ER
HOUSING w R 4 K IA p T
DELELOPMENT ORGANIZATION z 3 A� w w W cu
INC. o EUCLID p p
HARRIOT ch-
LOTS 6 & 6 5oU Q P"r "
TM - o PO 5 ELG
BLOCK 6 T JAM O 5 H E p EG >
SILVER CITY ADDITION G NWOOD °W E uN
2066 & 2066 1: E MONDS N ,t MA N EDWIN
OLLIE STREET HE ERT Y HE FQT
NO w — ORA ? c o w pz O
z
r .0 O Q w NB N w
LA � o u7 z s
: 0� SARAH P p z O v
OKER o O LUC LUCILLE po
CAR ER Q 0 REN c�°'
c9 p � z z
VIRGINIA
n F BURGAN BOURBON }j
OWNER' DAUPHINE BA51N m w AlJ6URN
CITY OF BEAUMONT 1 RAMP z �y
O WEST HIGHLAND p
LEGEND LOCATION MAP
N.T.S.
SUBJECT PROPERTY
20' ALLEY sar r/s' ssr ►/s• SET 112'
IRON ROD IRON ROD !IRON ROD
"Sr 100.00' swsr i0o.00' /EST 99.99''
(C""D WEST mow)
I L 0 C K 6 \B B
I
S g N.T.S.
8 w r AQn !}
'4 3 k lei 6 6 rte,
! A W
y 4V y y y
EAST 100.00' EAST r00.s6' EAST 99.79`
(ASSWM BZA=C CuuD 100.ed)
12" SET 1/2' POUND FOUND
IOD IRON ROD IRON PIPE IRON PIPS
2025 OLLIE sTREXT
5/R"
ROD
ACrL5,6,B6.dwg
c
...... Cit y of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 19, 2002
AGENDA MEMO DATE: March 13, 2002
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
storm sewer, water and sanitary sewer improvements for the
Delaware Street Extension.
RECOMMENDATION
Administration recommends approval of the Delaware Street Extension from existing Dowlen
Road approximately 296 feet west to the end of roadway and also the Water and Sanitary Sewer
Improvements within the Delaware Street Extension right-of-way.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on March 11, 2002.
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 for the Delaware Street Extension.
delawa/jld
BROW — TAF T
1 __1 MILTON
i
I
i
1
z I
J /
PROJECT
LOCATION
\ DELAWARE _
xV La
w - REGINA Z.I = U I
T-3 GL SCOW W m U
1 P CKWICK_ Z
TA LEDAHL
l BE LAIRS a Y
- PI KSTAFF
F EETWOOD
1 ZENITH
I z SULROSSI
DAN_ Z Z
�1
z — SERENE
-- 1- VIKING
DELAWARE STREET
EXTENSION
D
..� Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: March 19, 2002
AGENDA MEMO DATE: March 4, 2002
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to
execute the Form ROW U-43, the Three Party Utility Agreement
for Alon Petroleum Pipe Line Company on the FM 364 Major
Drive Improvement Project.
RECOMMENDATION
Administration recommends City Manager be authorized to execute Form ROW U-43.
BACKGROUND
The City of Beaumont, in cooperation with the Texas Department of Transportation has entered
into an agreement to make improvements to FM 364/Major Drive from Humble Road to I-10.
Part of this agreement is to have any adjustments that may need to be made by both pipeline and
utility companies submitted to the State for approval prior to authorizing any work to be done.
The Form ROW U-43 must be executed by all parties involved as part of this process.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to execute the Form ROW U-43, the Three Party
Utility Agreement for Alon Petroleum Pipe Line Company on the FM 364 Major Drive
Improvement Project.
3party agreement/jld
Form ROW-1;-43
7/2000
(Replaces Form D-15-43)
(Electronic version GSD-EPC Word 97)
Page 1 of 2
THREE PARTY UTILITY AGREEMENT
Agreement No.
County: Jefferson ROW CSJ No.: 0786-01-064
Federal Project No.: DPR 0057 (001) Highway No.: FAA 364
Contract No.:
Account No.: 91120-00-001
This Agreement by and between the State of Texas,acting by and through the Texas Transportation Commission,hereinafter
called the State,and The City of Beaumont,Texas,acting by and through its duly authorized official under Ordinance
No.: dated the day of , hereinafter called the City, and ALON PE7ROLEU4
PIPE LINE C04PANYacting by and through its duly authorized representative,hereinafter called the Owner,shall be
effective on the date of approval and execution by the State.
WHEREAS, it has been determined necessary to make certain highway improvements in the State Highway System as
designated by the State and generally described as follows: Jefferson County; FM 364; located from SH 124 To SH 105.
WHEREAS, the State and the City have previous to this date entered into a contractual agreement, agreeing to handle by
separate agreement the adjustment,removal or relocation of certain utility facilities necessitated as a result of highway
improvements on the hereinabove designated project on the basis of an 80/20 State to City funding,/participation ratio with
the 80%State portion being in fact federal funds in which the State acts as steward; and,
WHEREAS, the State as steward,and the City will participate in the costs of relocating and adjusting certain facilities of
the Owner to the extent as may be eligible for State participation under Transportation Code, Title 6,Chap.203, Sec.
203.092; and,
WHEREAS,the Owner, in Affidavit, Form D-15-U 1,dated ,has asserted an interest in
certain lands and that this proposed highway improvement will necessitate the adjustment, removal or relocation of certain
facilities of the Owner now located upon such lands as indicated in the following statement of work:
Cold-cut, purge and remove existing 10"-diait)eter pipe to edge of existing pavement.
Slick-bore and install new, 10"-diameter, 0.365" w.t. steel line pipe approx. 10'
north of existing utility crossing, with 4' of cover (min.) beneath lowest ditch grade,
;and for a distance of 293' . New crossing will be hydrostatically-tested to 1800 psig,
...nth .11 welds X-rayed and coating electranicdiiy inspected.
WHEREAS,V-te State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities
under provisions of Title 23 Code of Federal Regulations, Part 645; and,
WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation of the Owner's utility
facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary
plans,specifications and cost estimates which are attached hereto and made a part hereof, and which are prepared in the form
and manner required by Title 23 Code of Federal Regulations, Part 645 and;
WHEREAS,the State,City, and Owner wish to document their agreement for the effectuation of these terms,
NOW,THEREFORE,BE IT MUTUALLY AGREED:
The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs
may be eli_ible for state and federal cost participation with the State then reimbursing the City.
The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified
for the method checked and described hereafter:
_(1)Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed
by the applicable federal or state regulatory body.
_(2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure
developed by the Owner and approved by the State.
_X_(3)An agreed lump sum of S ,as supported by the detailed itemization of estimated costs attached hereto.
Eligibility ratio as applied to total cost of adjustment of $67,380.00
Upon execution of this agreement by the parties hereto the City will, by written notice, authorize the Owner to proceed with
the necessary adjustment, removal or relocation, and the Owner agrees to prosecute such work diligently in accordance with
the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the
State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the
State that the utility relocation has been included in an approved program as an item of right of way acquisition,that a
project agreement which includes the work has or will be executed,and that the utility relocation or adjustment will be
required by the final approved project agreement and plans.
If costs are developed under procedure(1)or(2)as before specified,upon satisfactory completion of the relocation or
adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code
of Federal Regulations Part 645 and after the required audit, the City will pay to the Owner the full amount of costs found
eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for
the costs incurred in making such adjustment, removal or relocation. Bills for work contemplated herein shall be submitted to
the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal
to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in
this amount has been made to the Owner. The City agrees that if requested by the Owner,it will pay ninety(90%)percent
of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10%)percent retainage pending
audit results. The City may elect to request its eighty (80%)percent reimbursement from the State if this option is elected.
And,accordingly,upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid
the Owner by the City and the City agrees to promptly request final reimbursement from the State.
If costs are developed under procedure(3)as before specified, the City will, upon satisfactory completion of the relocation
and adjustment by the Owner and upon receipt of a billing prepared in acceptable form, make payment to Owner in the
agreed to amount. And as before, the City may then claim eighty (80%) reimbursement from the State. In this instance, no
audit shall be required prior to paymnent.
Form D-15-48 enclosed with owner's pre;;minary estimate attached to this agreement, is approved as complying with Title
23. Code of Federal Regulations, Part 645, Sec. 645.115 and Owner is authorized, but;iot required,to contract such work.
The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be
contracted by Owner only with approval of the State in accordance with Title 23, Code of Federal Regulations, Part 645.
In the event it is determined that a substantial change from the statement of work contained in this agreement is required,
reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra
work order approved by the State.
It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work
under this agreement has been authorized and that such cancellation will not create any liability on the part of the State.
The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits
of the law.
City of Beaumont,Texas EXECUTION RECOMMENDED:
By:
X" City Manager District Engineer,Texas Department of Transportation
Beaumont District
ATTEST:
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of
activating and/or carry,ing out the orders,established policies,
or work programs heretofore approved and authorized by the
Owner: ALON PETROLEUM PIPE LINE C014PANY Texas Transportation Commission
By: � I," _ By:
Randy Hi1Lt, Director,Right of Way Division
Title: Vice President Date:
Date: 14arch 01, 2002
E
...... City of Beaumont
Council Agenda Item
'M E g
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 19, 2002
AGENDA MEMO DATE: February 27, 2002
REQUESTED ACTION: Council consider authorizing the City Manager to execute an
agreement with the Beaumont Association for Senior Citizens
(BASC) for Space Allocation at the Best Years Center.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a three (3) year contract
agreement with BASC for Space Allocation at the Best Years Center, located at 780 South Fourth
Street.
BACKGROUND
BASC has leased an area of approximately 4,768 square feet in the north wing of the Best Years
Center since 1979. The space is used to provide activity programs for approximately 50 senior
and disabled citizens each day including hot meals, arts and crafts, exercise classes, dances,
recreational games and other similar activities. In addition, BASC provides transportation
services averaging 100 rides per day for pick-up and delivery to the Center, and 2,000 rides per
month for medical needs. The Association is licensed through the Texas Department of Health
to provide an adult day care center for up to 65 individuals, and receives funding for clients
attending the Center through the Texas Department of Human Services.
The new contract provides for a three (3) year agreement, beginning April 1, 2002 and expiring
March 31, 2005. The City has revised the insurance policy requirements for comprehensive
general liability from $500,000 to $1,000,000. All other provisions of the agreement remain the
same as in previous years. BASC is responsible for custodial maintenance of the leased area.
Utilities(except for telephone service), and structural maintenance is provided by the City. Either
party has the right to terminate the contract by giving the other party sixty (60) days' notice of
termination in writing.
Contract Agreement - BASC
February 27, 2002
Page 2
As consideration for use of the space, an advance payment of One Dollar ($1.00) per year for the
three year term is required.
Maurine Gray, Community Services Director, concurs with the renewal of this agreement. A
copy of the agreement, in substantial form, is attached for your review.
BUDGETARY IMPACT
BASC agrees to pay the City a nominal fee for the three-year contract.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Community Services Director.
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to execute a three (3) year contract agreement with
BASC for Space Allocation at the Best Years Center.
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
CONTRACT FOR SPACE ALLOCATION
This Contract for Space Allocation is made and entered into this day of
, 2002, by and between the City of Beaumont, a municipal corporation organized
under the laws of the State of Texas located and domiciled in Jefferson County, Texas, hereinafter
referred to as "City," and Beaumont Association for Senior Citizens, hereinafter referred to as
"BASC."
RECITALS
The City is the sole owner of the premises described below, and desires to allocate space to
BASC for the purpose of a daily activity center for Senior Citizens.
The parties desire to enter into a contract defining their rights,duties,and liabilities relating
to the space.
In consideration of the mutual covenants and agreements herein set forth, and the benefit to
the Senior Citizens of Beaumont,BASC agrees to pay the City as rent for said space the sum of One
Dollar($1.00)per year in advance, at the City Hall in Beaumont, Texas. City does hereby demise
and allocate to BASC and BASC does hereby rent from the City, Four Thousand Seven Hundred
Sixty-Eight(4,768)square feet,more or less,of space located in the North Wing of the"Best Years
Senior Center" located at 780 South Fourth Street, Beaumont, Texas, and more particularly
described by the shaded area in the floor plan attached as Exhibit"A"hereto and hereinafter called
the "allocated space."
1.
The term of this contract shall be for three (3) years commencing on April 1, 2002, and
ending March 31, 2005, unless sooner terminated as herein provided.
2.
It is understood and agreed between the parties hereto that the BASC will use the allocated
space only for Senior Citizen Activity Programs to include,but not limited to, hot meals, arts and
crafts, exercises, dances, recreational games, and other similar activities, unless the City has given
BASC prior written consent for a different use. In connection with its use of and activities in and
about the allocated space and the building, BASC, at its expense, will comply and will cause its
employees, agents, and invitees to comply with all applicable laws and ordinances, and with all
applicable rules and regulations of governmental agencies, and BASC will conduct itself and cause
its employees,agents,and invitees to conduct themselves with full regard for the rights,convenience
and welfare of all other tenants in the building. Provided BASC has performed all of the terms,
covenants, agreements, and conditions of this contract, including the payment of rent, to be
performed by BASC, BASC shall peaceably and quietly hold and enjoy the space for the term
hereof, without hindrance from the City, subject to the terms and conditions of this Contract.
3.
3.01 BASC acknowledges that its acceptance of possession of the allocated space
constitutes a conclusive admission that it has inspected the allocated space and has found it in good
condition and repair.
3.02 BASC shall perform usual j anitorial and maintenance service including the sweeping
and waxing of floors,and the cleaning of windows. Replacement of light bulbs or fluorescent tubes
-2-
in the standard lighting fixtures installed in the building will be performed by the City, as general
building maintenance. BASC shall also maintain and keep the public and common areas of the
Building, such as lobbies, stairs, corridors, and restrooms, in good order and condition.
3.03 The purchase of janitorial supplies will be the responsibility of the BASC,and will
be included as part of the BASC's usual janitorial maintenance service. Utilities will be provided
by the City, with the exception of telephone service,which will be the responsibility of the BASC.
3.04 If disposal needs should necessitate the acquisition of a separate dumpster for the
Association, BASC, within thirty(30) days after receipt of written notice from the City, agrees to
acquire said dumpster, and be responsible for all expenditures related to solid waste collection for
the Association.
3.05 Ifthe Community Services Director,or designee,should deem necessary the purchase
of toilet tissue paper, and roll paper towels for the exclusive use of the BASC, BASC within thirty
(30) days from the City's written notice will comply with such purchase requirement.
4.
4.01 BASC shall be liable for all taxes levied or assessed against personal property,
furniture, or fixtures placed by BASC in the space.
4.02 BASC shall not make any alteration, additions, or improvements to the allocated
space without the prior written consent of the City. Consent for nonstructural alterations,additions,
or improvements shall not be unreasonably withheld by the City. BASC shall have the right at all
times to erect or install furniture and fixtures, provided that BASC complies with all applicable
governmental laws,ordinances and regulations at the termination of this contract. BASC shall have
the right to remove such items so installed,provided BASC is not in default;however,BASC shall,
-3-
prior to the termination of this contract, repair any damage caused by such removal.
4.03 The City or its officers, agents, and representatives shall have the right to enter into
and upon any and all parts of the allocated space at all reasonable hours to inspect same, make
repairs, alterations or additions as the City may deem necessary(but without any obligation to do
so, except as expressly provided for herein).
5.
BASC shall carry a policy of comprehensive general liability insurance with a company
acceptable to the City, naming the City as an additional insured in the sum of One Million Dollars
($1,000,000.00) combined single limit during the entire term of the contract. The original policy
shall be filed with the City Clerk of the City of Beaumont.
6.
BASC agrees to indemnify and hold the City harmless from and against any and all claims,
demands, suits, damages, costs and expenses, including reasonable attorney's fees for the defense
thereof, arising from the conduct or management of BASC's business or its use of the allocated
space or from any breach on the part of BASC of any conditions of this contract, or from any act or
negligence of BASC, its agents, contractors, employees, subtenants, guests or invitees in or about
the allocated space and specifically including negligence by the City. In case of any action or
proceeding brought against the City by reason of any such claim,BASC,upon notice from the City,
covenants to defend such action or proceeding by counsel acceptable to the City.
7.
BASC shall not assign or sublet the allocated space or any part thereof without the written
permission of the City Manager of the City of Beaumont.
-4-
8.
8.01 The City may terminate this contract in the event the allocated space is abandoned
or vacated by BASC during the term of this contract. In such circumstance,the City shall have the
right to re-enter and repossess the demised space by force, and to dispossess and remove therefrom
all occupants and their effects, without being liable for any prosecution therefor, and to hold the
space as if this contract had not been made.
8.02 BASC hereby waives all rights and notice to quit or intention to re-enter the space
under the provisions of any statute of the State of Texas, or of this contract, in the event of any
abandonment of the allocated space.
9.
BASC shall, on the last day of the term or on earlier termination and forfeiture of the
contract, peaceably and quietly surrender and deliver the allocated space to the City free of
subtenancies,including all buildings,additions,and improvements constructed or placed thereon by
BASC, except movable trade fixtures, all in good condition and repair. Any trade fixtures or
personal property not used in connection with the operation of the allocated space and belonging to
BASC, if not removed at the termination or default, and if the City so elects, shall be deemed
abandoned and become the property of the City without any payment or offset therefor. BASC shall
repair and restore all damage to the allocated space caused by the removal of equipment, trade
fixtures, and personal property.
10.
Should BASC hold over the space,or any part thereof,after the expiration of the term of this
contract,unless otherwise agreed in writing, such holding over shall constitute and be construed as
-5-
tenancy from month-to-month only. Inclusion of the preceding sentence shall not be construed as
the City's consent for BASC to hold over.
11.
This contract contains the entire agreement between the parties and cannot be changed or
terminated except by written instrument subsequently executed by the parties hereto. This contract
and the terms and conditions hereof apply to and are binding upon the heirs, legal representatives,
successors, and assigns of both parties.
12.
This contract shall be governed by and construed in accordance with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Jefferson County,
Texas.
13.
Either party may cancel this contract by giving to the other party sixty (60) days notice of
said termination in writing. BASC shall, within said sixty(60) days, vacate the space and remove
all of BASC's property therefrom. Any property belonging to BASC not removed within said sixty
(60) day period shall become the property of the City.
14.
All notices provided to be given under this contract shall be given by certified mail or
registered mail, addressed to the proper party at the following addresses:
City Manager
City of Beaumont
P. O. Box 3827
Beaumont, TX 77704-3827
-6-
Beaumont Association for Senior Citizens
780 South Fourth Street
Beaumont, TX 77701
IN WITNESS WHEREOF,the undersigned the City and BASC hereto execute this contract
as of the date and year first above written.
THE CITY OF BEAUMONT
BY:
STEPHEN J. BONCZEK
CITY MANAGER
BEAUMONT ASSOCIATION FOR SENIOR CITIZENS (BASC)
BY:
MYRNA R. ELLSWORTH
ADMINISTRATOR
-7-
...... Cit y of Beaumont
•� Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 19, 2002
AGENDA MEMO DATE: March 1, 2002
REQUESTED ACTION: Council consider authorizing the City Manager to execute a contract
agreement with the Young Men's Business League (YMBL) for use
of an office building at Fair Park.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a two (2) year lease
agreement with the YMBL for the use of an office building located at Fair Park.
BACKGROUND
According to City record, the YMBL has leased property at the Fair Grounds dating back to
August 1942. In 1965 a lease was executed for office space in the first YMBL Hall, comprised
of approximately 900 square feet. Since April 1981, the YMBL has held a continuous lease on
the 4,400 square foot building that is the subject of this renewal.
The new contract provides for a two (2) year agreement, beginning April 1, 2002 and expiring
March 31, 2004. The lease agreement provides that the YMBL will pay the cost of utilities, all
necessary repairs and replacements to the building, and janitorial services. The City will not be
responsible for any cost or expense associated with the leased premises. In addition, YMBL will
carry comprehensive general liability insurance in the amount of$1,000,000 per occurrence, and
$50,000 for property damage. All other provisions of the agreement remain the same as in
previous years.
Either party has the right to terminate the lease by giving the other party at least thirty (30) days'
notice of termination in writing.
Lease Agreement- YMBL
March 1, 2002
Page 2
As consideration for the lease of the office building, the YMBL agrees to pay an annual rent of
Four Thousand Eight Hundred and no/100 Dollars($4,800), payable in equal installments of$400
in advance, on the first day of each and every calendar month during the full term of this lease,
and any extension thereof.
Due to the anticipated move of the YMBL to the new entertainment complex on IH-10, the
organization did not want to extend the term past the two-year period.
A copy of the agreement, in substantial form, is attached for your review.
BUDGETARY IMPACT
YMBL agrees to pay the City an annual rent of Four Thousand Eight Hundred and no/100 Dollars
($4,800), payable in equal installments of $400 in advance, on the first day of each and every
calendar month during the full term of this lease, and any extension thereof. The rental payments
have not increased since the initial lease in 1981.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Central Services Director.
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to execute a two (2) year lease agreement with the
YMBL for use of the office building located at Fair Park.
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
COMMERCIAL LEASE
The Landlord hereby agrees to lease to the Tenant, and the Tenant hereby agrees to hire and take
from the Landlord, the Leased Premises described below pursuant to the terms and conditions
specified herein:
LANDLORD: The City of Beaumont
P. O. Box 3827
Beaumont, Texas 77704-3827
TENANT: The Young Men's Business League of Beaumont, Texas, Inc.
P . O. Box 3207
Beaumont, Texas 77704
1. Leased Premises
The Leased Premises are those premises described as that certain building known as the YMBL
building in Fair Park,Beaumont,Jefferson County,Texas,containing approximately 4,400 square
feet.
2. Term
The term of the Lease shall be for a period of two (2) years, commencing on April 1, 2002 and
ending on March 31, 2004, unless sooner terminated as hereinafter provided. If Tenant remains in
possession of the Leased Premises with the written consent of the Landlord after the lease expiration
date stated above,this Lease will be converted to a month-to-month Lease and each party shall have
the right to terminate the Lease by giving at least thirty (30) days' prior written notice to the other
party.
3. Rent
The Tenant agrees to pay the ANNUAL RENT of Four Thousand Eight Hundred and no/100 Dollars
($4,800.00)payable in equal installments of$400.00 in advance on the first day of each and every
calendar month during the full term of this Lease, and any extension thereof.
4. Delivery of Possession
If for any reason the Landlord cannot deliver possession of the leased property to the Tenant when
the lease term commences,this Lease shall not be void or voidable,nor shall the Landlord be liable
to the Tenant for any loss or damage resulting therefrom. However,there shall be an abatement of
rent for the period between the commencement of the lease term and the time when the Landlord
delivers possession.
5. Use of Leased Premises
The Leased Premises may be used only for the following purpose: business offices for the YMBL.
6. Utilities
The Tenant shall be responsible for all charges for utilities and other services that are furnished to
the Leased Premises. The contract for and connecting of utilities, as well as all services, shall be
made by, and only in the name of, the Tenant.
7. Condition of Leased Premises; Maintenance and Repair
The Tenant acknowledges that the Leased Premises are in good order and repair. The tenant agrees
to take good care of and maintain the Leased Premises in good condition throughout the term of the
Lease. The Tenant, at his expense, shall make all necessary repairs and replacements to the Leased
Premises, including the repair and replacement of pipes,electrical wiring,heating,air conditioning,
and plumbing systems, roof, walls, doors, windows, fixtures and all other systems and appliances
-2-
and their appurtenances. The quality and class of all repairs and replacements shall be equal to the
original worth. If Tenant defaults in making such repairs or replacements,Landlord may make them
for Tenant's account, and such expenses will be considered additional rent. Tenant shall be
responsible for all janitorial services on the Leased Premises. The Landlord will not be responsible
for any cost or expense associated with the Leased Premises.
8. Compliance with Laws and Regulations
Tenant, at its expense, shall promptly comply with all Federal, State, and Municipal laws, orders,
and regulations, and with all lawful directives of public officers, which impose any duty upon it or
Landlord with respect to the Leased Premises. The Tenant, at its expense, shall obtain all required
licenses or permits for the conduct of its business within the terms of this lease, or for the making
of repairs, alterations, improvements or additions.
9. Alterations and Improvements
Tenant shall not make any alterations, additions or improvements to,nor install any fixtures on,the
Leased Premises without Landlord's prior written consent. If such consent is given, all alterations,
additions and improvements made, and fixtures installed by Tenant shall become Landlord's
property upon the expiration or sooner termination of this Lease. Landlord may, however, require
Tenant to remove such fixtures at Tenant's cost, upon the termination hereof.
10. Assignment/Subletting Restrictions
Tenant may not assign this agreement or sublet the Leased Premises without the prior written
consent of the Landlord. Any assignment, sublease, or other purported license to use the Leased
Premises by Tenant without the Landlord's consent shall be void and shall (at Landlord's option)
terminate this Lease.
-3-
11. Insurance
Tenant shall, at its expense, during the term hereof, maintain and deliver to Landlord Commercial
General Liability and Property Damage insurance policies with respect to the Leased Premises. Such
policies shall name the Landlord and Tenant as insureds, and have limit of at least $1,000,000 for
injury or death to any one person, $1,000,000 for any one accident, and $50,000 with respect to
damage to property. Such policies shall be in whatever form and with such insurance companies as
are reasonably satisfactory to Landlord, shall name the Landlord as additional insured, and shall
provide for at least ten days' prior notice to Landlord of cancellation. The Tenant shall not permit
any use of the Leased Premises which will make voidable any insurance on the property of which
the Leased Premises are a part,or on the contents of said property,or which shall be contrary to any
law or regulation from time to time established by the applicable fire insurance rating association.
12. Indemnification of Landlord
YMBL covenants and agrees to assume the defense of the CITY against all liability, claims,
judgements,damages,costs and expenses,or injuries to persons or property arising out of or incident
to the occupancy of the premises by YMBL during the term of this lease,and to pay to the CITY any
and all court costs,attorney's fees or awards,and any other expense in connection with suits for such
damage or injuries.
13. Condemnation
If all or any part of the Leased Premises is taken by eminent domain, this lease shall expire on the
date of such taking, and the rent shall be apportioned as of that date. No part of any award shall
belong to Tenant.
-4-
14. Destruction of Premises
If the building in which the Leased Premises is located is damaged by fire or other casualty,and the
damage is so extensive as to effectively constitute a total destruction of the property or building,this
Lease shall terminate and the rent shall be apportioned to the time of the damage. In all other cases
of damage,Tenant shall repair the damage with reasonable dispatch,and if the damage has rendered
the Leased Premises wholly or partially untenantable,the rent shall be apportioned until the damage
is repaired. In determining what constitutes reasonable dispatch, consideration shall be given to
delays caused by strikes, adjustment of insurance and other causes beyond the Tenant's control.
15. Landlord's Rights upon Default
In the event of any breach of this lease by the Tenant,which shall not have been cured within TEN
(10)DAYS,after written notice to Tenant,then the Landlord,besides other rights or remedies it may
have, shall have the immediate right of re-entry and may remove all persons and property from the
Leased Premises; such property may be removed and stored in a public warehouse or elsewhere at
the cost of, and for the account of,the Tenant. If the Landlord elects to re-enter as herein provided,
or should it take possession pursuant to any notice provided for by law, it may either terminate this
Lease or may, from time to time, without terminating this lease, re-let the Leased Premises or any
part thereof, for such term or terms and at such rental or rentals and upon such other terms and
conditions as the Landlord, in Landlord's own discretion, may deem advisable. Should rentals
received from such re-letting during any month be less than that agreed to be paid during the month
by the Tenant hereunder,the Tenant shall pay such deficiency to the Landlord monthly. The Tenant
shall also pay to the Landlord,as soon as ascertained,the cost and expenses incurred by the Landlord
in such re-letting.
-5-
16. Quiet Enjoyment
The Landlord agrees that if the Tenant shall pay the rent as aforesaid and perform the covenants and
agreements herein contained on its part to be performed,the Tenant shall peaceably hold and enjoy
the said rented without hindrance or interruption by the Landlord,or by any other person or persons
acting under or through the Landlord.
17. Landlord's Right to Enter
Landlord may, at reasonable times, enter the Leased Premises to inspect it, to make repairs or
alterations, and to show it to potential buyers, lenders or tenants.
18. Surrender Upon Termination
At the expiration of the lease term, the Tenant shall surrender the leased property in as good
condition as it was in at the beginning of the term, reasonable use and wear excepted.
19. Subordination
This lease, and the Tenant's leasehold interest, is and shall be subordinate, subject and inferior to
any and all liens and encumbrances now and thereafter placed on the Leased Premises by Landlord,
and all extensions of such liens and encumbrances, and all advances paid under such liens and
encumbrances.
20. Additional Provisions
Upon thirty(30) days' notice prior to the end of this lease, Tenant may request an additional lease
term of five (5) years, subject to Landlord's approval.
21. Miscellaneous Terms
(i) Notices. Any notice, statement,demand or other communication by one party to the other shall
be given by personal delivery or by mailing the same, postage prepaid, addressed to the Tenant at
-6-
the premises, or to the Landlord at the address set forth above.
(ii) Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by
a court of competent jurisdiction or by operation of any applicable law,it shall not affect the validity
of any other clause or provision, which shall remain in full force and effect.
(iii) Waiver. The failure of either party to enforce any of the provisions of this lease shall not be
considered a waiver of that provision, or the right of the party to thereafter enforce the provision.
(iv) Complete Agreement. This Lease constitutes the entire understanding of the parties with
respect to the subject matter hereof and may not be modified except by an instrument in writing
signed by the parties.
(v) Successors. This Lease is binding on all parties who lawfully succeed to the rights or take the
place of the Landlord or Tenant.
IN WITNESS WHEREOF the parties have set their hands and seals on this day of
2002.
LANDLORD: TENANT:
BY: BY:
STEPHEN J. BONCZEK KENT FULLER
CITY MANAGER PRESIDENT, YMBL
-7-