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HomeMy WebLinkAboutPACKET JAN 27 2004 2 LikjK City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 27, 2004 11:30 A.M. AGENDA CALL TO ORDER * Roll Call EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Municipal Court Magistrates RECONVENE REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 27,2004 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving the purchase of lightbars for the Police Department's patrol vehicles WORKSESSION * Review and discuss a proposed moratorium on the issuance of permits for the erection or construction of any off-premise signs within the city limits of Beaumont for a period of one hundred-twenty(120)days 2. Consider approving a req}lest for a moratorium on the issuance of permits for the erection or construction of any off-premise signs within the city limits of Beaumont for a period of one hundred-twenty(120) days COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 January 27, 2004 Consider approving the purchase of lightbars for the Police Department's patrol vehicles fir , Ci of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 27, 2004 AGENDA MEMO DATE: January 15, 2004 REQUESTED ACTION: Council consideration of the purchase of lightbars for the Police Department's patrol vehicles. RECOMMENDATION Administration recommends the purchase of twenty-five (25) Code 3 LED X2100 Police vehicle lightbars from GT Distributors of Austin, Texas for $1,734.90 each. BACKGROUND City Council has previously approved the purchase of twenty-five (25) new Chevrolet Impalas to be used as Police patrol vehicles. These cars will require the installation of emergency vehicle lights prior to being placed into service as patrol vehicles. The Code 3 brand LED X2100 is a low profile emergency lightbar with clear lenses. The lack of color and low two(2)inch profile gives the lightbar an inconspicuous appearance on top of a patrol vehicle. The lightbar remains virtually unnoticed until the red and blue emergency lights are activated. A mounting kit is included with the lightbar for use by the City's Fleet Management to aid in installation. Bids were solicited from ten(10) Code 3 brand emergency lighting distributors. Four(4)bids were received as follows: VKNIIMR.�. PT2ICE EACH TOTAL BID:' GT Distributors, Austin, TX $1,734.90 $43,372.50 All America Sales, Houston, TX $1,856.00 $46,400.00 Teeco Safety, Inc., Shreveport, LA $1,950.00 $48,750.00 Gall's Inc., Lexington, KY $2,239.00 $55,975.00 Police Vehicle Lightbars January 15, 2004 Page 2 BUDGETARYIMPACT Funds are available for this expenditure in the Police Department's Local Law Enforcement Block Grant Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Police Chief. Z January 27, 2004 Consider approving a request for a moratorium on the issuance of permits for the erection or construction of any off-premise signs within the city limits of Beaumont for a period of one hundred-twenty(120) days City of Beaumont iLij Council A enda Item A ` g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: January 27, 2004 AGENDA MEMO DATE: January 15, 2004 REQUESTED ACTION: Council consider a request for a moratorium on the issuance of permits for the erection or construction of any off-premise signs within the city limits of Beaumont for a period of one hundred-twenty (120) days. RECOMMENDATION The Administration recommends approval of a moratorium on the issuance ofpermits for the erection or construction of any off-premise signs within the city limits of Beaumont for a period of one hundred-twenty(120) days. BACKGROUND Within the next one hundred-twenty (120) days, the Administration, along with the regulated community and citizens of the City of Beaumont,will analyze the regulation of off-premise signs for the purpose of determining the best possible approach for such regulations. In recognizing that off-premise signs may endanger the public safety by distracting the attention of drivers and also result in harm to the welfare of the City by creating visible clutter and blight, the Administration feels that the proliferation of off-premise signs should be addressed. BUDGETARY IMPACT None. PREVIOUS ACTION Prior to the adoption ofthis ordinance,the Administration held a workshop with the City Council that addressed the various issues involved with off-premise signs. SUBSEQUENT ACTION Within one hundred-twenty(120)days,the Administration,along with the regulated community and citizens of the City of Beaumont, will analyze the regulation of off-premise signs and will bring forward for the Planning Commission's and City Council's consideration recommended amendments to Sec. 30-28(d) of the Zoning Ordinance. RECOMMENDED BY City Manager, Public Works Director and the Planning Manager. ENTITLED AN ORDINANCE DECLARING A 120-DAY MORATORIUM ON THE ISSUANCE OF PERMITS FOR THE ERECTION AND/OR CONSTRUCTION OF ANY OFF- PREMISE SIGNS WITHIN THE CITY LIMITS OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council has determined that signs and billboards located on premises to which they do not specifically relate (off-premise signs) may endanger the public safety by distracting the attention of drivers from the roadway necessary for the maintenance of traffic safety and may otherwise endanger the public health, safety and welfare; and, WHEREAS, the City Council has further determined that such off-premise signs might also result in harm to the welfare of the City by creating visible clutter and blight and by promoting a negative aesthetic in the City; and, WHEREAS,the City Council has determined that it is in the best interests of the City of Beaumont, in the protection of the public health, safety and welfare, that the regulation and prohibition of off-premise signs should be analyzed by the staff, the regulated community and the citizens of the City of Beaumont forthe purpose of determining the best possible approach for such regulation under the Constitution of the United States and the State of Texas; and, WHEREAS, in order to preserve the status quo pending further investigation of the possible regulation of off-premise signs,the City Council has determined that a moratorium should be imposed upon the issuance of permits for the construction of new off-premise signs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That there be and hereby is imposed for a period of one-hundred twenty (120) days from the effective date of this ordinance a moratorium upon the issuance of permits for the erection or construction of any sign or billboard which is used or intended for use to advertise, identify or direct or attract the attention of the public to a business, institution, product, organization, event or location offered or existing elsewhere than upon the same lot, tract or parcel of land where such sign or billboard is displayed. Section 2. That, during said one-hundred twenty (120) day period, the City staff shall work with the regulated sign industry and the citizens of the City to develop and present to the City Council a proposed ordinance regulating such off-premise signs, which proposed ordinance shall be presented to the City Council in sufficient time that said ordinance, if adopted, may take effect prior to the expiration of said one-hundred twenty (120) day period. Section 3. That all permits for off-premise signs issued by the City before the effective date of this ordinance shall be valid for a period of thirty (30) days from the effective date of this ordinance and the sign which is the subject of said permit must be completely erected by the end of said thirty-day period or not at all. Said permits may be extended by the City for one additional thirty-day period upon presentation of satisfactory evidence of diligence toward completion of the sign and the existence of circumstances beyond the control of the permittee causing the delay. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2004. - Mayor Evelyn M. Lord - 0 V~ 1 ' : —K' City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 27, 2004 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a resolution authorizing the City Manager to execute a Utility Joint Use Agreement and a Standard Utility Agreement with, both, Kinder Morgan Texas Pipeline, L. P. and CenterPoint Energy Entex for the Delaware Street Extension Project B) Approve a resolution accepting maintenance of the street and storm sewer improvements in Bellechase Section One, Phase Two-B Subdivision C) Authorize the City Manager to execute a Pay Phone Service Agreement with Southwestern Bell/SBC Public Communications (SBC) D) Approve a resolution to allow Hibernia National Bank to pledge a collateral for City accounts O% City of Beaumont qw_ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 27, 2004 AGENDA MEMO DATE: January 20, 2004 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a Utility Joint Use Agreement and a Standard Utility Agreement with, both, Kinder Morgan Texas Pipeline, L. P. and CenterPoint Energy Entex for the Delaware Street Extension Project. RECOMMENDATION Administration recommends the City Manager be authorized to execute the above named utility agreements. BACKGROUND The City of Beaumont is extending Delaware Street from Dowlen Road to the intersection of Major Drive and Dishman Road. This street improvement will necessitate the adjustment, removal or relocation of facilities owned by Kinder Morgan Texas Pipeline, L. P. and CenterPoint Energy Entex. This agreement allows the City to monitor the plans, specifications, costs and the implementation of the utility adjustments for reimbursement purposes. BUDGETARY IMPACT The total cost or reimbursement for the adjustment of the facilities will be 100% of the actual costs, which is the amount owed to the utility companies by the City of Beaumont. Estimated costs for CenterPoint Energy Entex is $5,431.72; for Kinder Morgan Texas Pipeline, L. P. is $90,026.00. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. \engdelaware agreements-ib.wpd January 20,2004 Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: January 27, 2004 AGENDA MEMO DATE: January 20, 2004 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street and storm sewer, improvements in Bellechase Section One, Phase Two-B Subdivision. RECOMMENDATION Administration recommends approval of the following: Littlechase Drive, from existing end of Section One, Phase Two-A Littlechase Drive pavement approximately 109 linear feet west to and including the Cul-de-Sac for Lots 8-12, Block 2. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on January 13, 2004. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. EngS 1 p2BAgenda.wpd January 20,2004 PARKDALE MALL i �t SUPER wALMARr 9 .\ o LOwE•S g/►Y0� ME NVON POND A � ROAD cl: 0-12 LIP _U Eb1 ARC !C-- QTR o CIRS BE WEST SECTION ONE 3i PlL4SE TWO-B BELLECHASE SECTION ONE, PRASE TWO-B SUBDIVISION c ti..7LJ1J City of Beaumont Council Agenda Item �W . • K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: January 27, 2004 AGENDA MEMO DATE: January 21, 2004 REQUESTED ACTION: Council consider authorizing the City Manager to execute a Pay Phone Service Agreement with Southwestern Bell/SBC Public Communications (SBC) RECOMMENDATION Administration recommends authorizing the City Manager to execute a one-year Pay Phone Service Agreement with SBC to maintain public pay telephones on real property owned by the City, including buildings and other structures. BACKGROUND SBC provides public pay phones throughout the city to both private and governmental entities. Their pay phones are located in buildings and structures, as well as within City right-of-ways. SBC compensates the City for the right to place their equipment on city-owned property, as they do all customers, by paying a commission. The commission is based on a percentage of revenues generated by each pay phone each month. The City entered into a three-year Agreement with SBC on January 31, 2000. That Agreement expired January 31, 2003. The Agreement provided for automatic one-year renewals;the first one- year renewal will expire January 31, 2004. Rather than enter into another one-year automatic renewal on January 31,2004,SBC wishes to enter into a new one-year Agreement, primarily to revise the list of pay phones on which it will pay the City compensation. The revised list removes 23 phones from the previous Agreement. SBC's justification for the removal of these phones is because they each generate less than 50¢per day on average in revenues, and it is cost prohibitive for SBC to maintain them. SBC has experienced a significant decrease in pay phone usage in the past several years due to the popularity of cellular phones. SBC Pay Phone Service Agreement January 21, 2004 Page 2 SBC will remove the phones from service unless the City elects to bear the cost of the monthly access charge,which is$50 per phone,or$1,150 per year. Research indicates removal of 20 of the 23 pay phones in question is warranted; the City will retain three. The new Agreement is for the remaining 45 pay phones on City property. Currently, SBC pays at a maximum rate of twenty percent(20%)with no minimum average usage, and twelve percent (12%) on InterLATA long distance charges based on revenues collected. The new proposed Agreement will provide for a compensation rate of 5% - 25% on coin paid local exchange and IntraLATA toll calls. A copy of the new Pay Phone Service Agreement in its substantial form is attached for your review. The new Agreement will begin February 1, 2004 and expire January 31, 2005. BUDGETARY IMPACT Based on previous years, and with the removal of 20 pay phones,we anticipate commissions paid by SBC to the City during the next 12 months will be less than$1,000. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. C:0--v Sete P%1" \MY Bocwceou\WI'BOCSWgreeur Nt W Nit-SBC—AgmmW.2004Age T—N—Ag-Je 004.yd Agreement No:cZa-75-1310 mac- PAY PHONE SERVICE AGREEMENT This Agreement is entered into on S&n r,XQ` and is between C11A � _R 0i� A✓1611± ('Customer")and the Public Communications division of SBC Communications Inc.,as defined in Section 8 below("Provider"). (1)- PAY PHONESERVICE—Customer hereby grants Provider the exclusive right to install, INTENTIONAL MISCONDUCT.CUSTOMER AGREES THAT NO LIABILITY SHALL operate and maintain public pay telephones and associated equipment,and to provide ATTACH TO PROVIDER FOR ANY DEFACEMENT OR DAMAGE TO CUSTOMER'S pay phone service("Services")at the following identified Location(s): PREMISES RESULTING FROM THE EXISTENCE OF PROVIDER'S EQUIPMENT OR THE INSTALLATION OR REMOVAL THEREOF,WHEN SUCH DEFACEMENT OR DAMAGE IS NOT THE RESULT OF THE NEGLIGENCE OF PROVIDER OR ITS 1 I EMPLOYEES. (10)REMEDIES FOR CUSTOMER'S BREACH — Customer acknowledges that the Unless otherwise specified in this Agreement,the term"Location"as used herein means Locations covered by this Agreement are unique,and that any breach of this Agreement all real property(including buildings and other structures)associated with and/or desig- by Customer would irreparably damage Provider by depriving Provider of its rights to nated by a given street address.Provider and Customer shall,prior to the initial instal- provide Services at such unique Locations.Accordingly,Provider shall have the right of lation hereunder of Services at Customer's Locations,mutually agree upon the quanti- specific performance of its obligations hereunder in the event a breach is found,in addi- ties and types of pay phone equipment,including peripheral equipment,to be installed tion to all other rights and remedies available to it at law or in equity. and the specific placement thereof on the Customer's Locations.Pay phone equipment (t1)RENEWAr —Unless either party provides written notice of termination to the other via includes,but is not limited to,telephone sets,wiring,conduit,and any peripheral equip- certified mail,return receipt requested,no fewer than thirty(30)days prior to the ment such as enclosures, signage, bumper posts, shelves, and pedestals Termination Date of this Agreement,this Agreement will automatically renew for a one ("Equipment").Provider shall bear all costs associated with installation and mainte- (1)year term at the commission rates set forth in Exhibit A. nance of the Equipment,and all Equipment shall remain the property of Provider. (12)SUCCESSORS AND ASSIGNS—Either party may,at any time,assign this Agreement Provider reserves the right to reconfigure its Services a the Locations(e.g.,no y time. or any portion hereof,to an affiliate or any third party.This Agreement shall benefit trig calls,no coin acceptance,line concentration,changes in coin drop rate)at any time. Except as otherwise provided herein,after initial installation,any change in the quanti- and/or be binding upon the successors,assigns,lessees,or beneficiaries of both par- ties,types of Equipment,or specific placement thereof shall be by mutual agreement ties.At all times during the term of this Agreement,unless agreed otherwise in writing, (which agreement shall not be unreasonably withheld)of the parties.Customer agrees Provider shall retain the right to directly negotiate with and directly pay any compensa- to pay Provider's standard relocation fee for any pay phone which,at the request of tion hereunder to Customer.Customer shall provide Provider with notice of,not less Customer,is relocated from its original placement at a Location. than sixty(60)days prior to,any sale,lease,sublease,or other transfer or change of _ ownership of the above identified Locations to any third party.Upon request by Provider, (2) Provider shall have the right to provide Services for an Initial Term of Customer shall provide a copy of the sales/transfer agreement by which the property or one(1) /two(2)01 three(3)O years beginning on (�O-��("Effective control thereof was conveyed,or such other documentation sufficient to verify the Date")and expiring on JcNn 3L,Z0ff(°Termination Date").During the term of this sale/transfer. Agreement,Customer shall not permit any other persons or entity to provide public pay telephone service at the Location(s).If Customer,in violation of this Agreement,allows (13)PUBLIC NUISANCE/BUSINESS CLOSURE—If,during the term of this Agreement, another party to install one or more public pay telephones at the Locations where Provider removes its Equipment from any location at the request of Customer due to Provider's Equipment is installed,then,in addition to its other remedies,Provider may reasons of business closure or Provider removes said Equipment at the request of the remove its Equipment without liability or penalty and terminate this Agreement. Customer or as required by local ordinance due to public nuisance and then,during (3) COMMISSION PAYMENTS—Unless mutually agreed to otherwise by both parties, what would have otherwise been the remaining term of the Agreement another business opens at the same location in which business Customer has any ownership or financial Provider shall make payments on a regular basis to Customer during the initial contract interest or said public nuisance is abated,Provider may reinstall its equipment for the term specified in Section(2)above,according to the Commission Schedule shown as balance of the Agreement.In any case,in the event Provider's Equipment is removed Exhibit A,which is attached to and made part of this Agreement.Customer and Provider for any of the reasons stated in this provision,Customer will not allow any payphones agree that the terms and conditions of this Agreement,all information regarding usage other than Provider's to be installed at the Customer location(s)in question for the term at and revenues earned by the pay telephones covered by this Agreement,and com- of this Agreement. missions paid to Customer are confidential and proprietary and shall not be disclosed to any third party. (14)NOTICES—Any notice given under this Agreement shall be made in writing and sent (4) CARRIER SELECTION Customer herein grants Provider the exclusive authority to act as Customer's agent t ��a cortifed mail,return receipt requested,as follows: for the purpose of selecting and/or changing the Preferred FOR PROVIDER FOR CUSTOMER Interexchange Carrier(PIC)on the pay phones covered by this Agreement. Customer SBC Public Communications and Provider agree that Provider shall have the sole right to select and contract with, 134 N.W.Sixth Street,Floor 4 change, and/or restrict the local and long distance carriers (both intral-ATA and Evansville,IN 47708 interLATA)for all payphones covered by this Agreement. (5) REMOVAL OF PAY TELEPHONES—Provider may,upon reasonable notice,remove Attn.:Manager—Contract Admin. Attn.: any pay phone that has failed to generate sufficient revenue to meet such revenue (15) REGULATORY APPROVALS—This Agreement is subject to the applicable provisions requirements determined solely by Provider,or when a significant safety hazard to tele- of Provider's tariffs directly or indirectly relating to Services,and to all other govern- phone users or Provider employees exists. In the event such removal renders a mental orders,rules,regulations,or requisite approvals as may apply from time to time. Location without a pay telephone(i.e.,all pay phones are removed),this Agreement In the event any regulatory,legislative,or judicial order,in the reasonable opinion of shall then terminate. Provider shall also have the right to remove or relocate any Provider,substantially modifies the rules,regulations,or statutes pertaining to the pay Equipment that,in Provider's opinion,has been subjected to excessive theft or vandal- phone industry(including,but not limited to,the provision of operator services,the rel- ism. evance and acceptance of calling cards,or the industry's financial arrangements)this Agreement shall,at Provider's option,be subject to termination or negotiated modifica- making outgoing calls. Customer shall not use the pay phones covered by this (6) USE OF PAY PHONES—The pay phones shall be installed for use by the public in tion.Termination by Provider hereunder shall be upon thirty(30)days prior written Agreement in the conduct of its business or use the telephone number assigned there- notice. to in its advertising or in any directory listing, (16)GOVERNING LAW—The validity of this Agreement,the construction and enforcement 7 OTHER RESPONSIBILITIES OF TOM R_ of its terms and the interpretation of the rights and duties of the parties shall be gov- ( ) Customer shall also be responsible erned by the laws of the state of Texas. for: (17)AUTHORITY—Both Customer and Provider represents to the other that it has full a) providing safe,unobstructed access to the pay phones covered by this Agreement, including any access t special purpose phones(e.g.,drive-ups authority to enter into and secure performance of this Agreement,and that the person and electrical power, signing this Agreement on behalf of the party has been properly authorized to enter into at Customer's expense,,for lighting necessary for the use of such h pay phones. this Agreement.Customer warrants that it has the right of possession to the Locations b) taking reasonable precautions to protect Provider's property from damage,vandalism, on which Provider shall install and maintain Services hereunder,and is otherwise duly theft,or hazardous conditions and promptly reporting any service failures to Provider. authorized to grant permission to Provider to install and maintain such Service thereon. c) prohibiting any person(other than employees,contractors,or agents of Provider)from If Customer is not the owner of the Locations(or portions thereof),Customer will have connecting,disconnecting,moving,or altering any of Provider's Equipment. breached this warranty and Customer will indemnify,reimburse,and hold Provider d) displaying all mutually agreeable signs and prohibiting the affixing or displaying of any harmless against any and all claims made by any entity,including but not limited to the advertising or other signs not authorized by Provider on the Equipment. true owner of the business or Locations or any successor,relating to the Services pro- vided under this Agreement.Customer further represents that it does not have any other e) allowing Provider personnel access to Customer's Locations during normal business agreement, oral or written, that conflicts with this Agreement. Each party further hours for pay phone collection or installation,repair,or removal of Equipment. acknowledges that it has read this Agreement,understands and accepts it,and agrees (8) PROVIDER—Provider shall mean one or more of the following depending upon the to be bound by all its terms and conditions. state(s)in which space is provided hereunder for pay phone service:SBC Pacific Bell (18)SURVIVAL OF OBLIGATIONS—Both parties'obligations under this Agreement which Telephone Company,a California corporation;SBC Nevada Bell Telephone Company, by their nature are intended to continue beyond the termination or expiration of this a Nevada corporation;Southwestern Bell Telephone,L.P.,a limited partnership under Agreement shall survive the termination or expiration of this Agreement. the laws of the state of Texas providing pay phone service in the states of Arkansas, Kansas,Missouri,Oklahoma and Texas;SBC Ameritech Illinois,an Illinois corporation; (19)RIGHT TO CURE—Either party may terminate this Agreement immediately following SBC Ameritech Indiana,an Indiana corporation;SBC Ameritech Michigan,a Michigan written notice in the event the other party is in default as to any of its material obliga- corporation;SBC Ameritech Ohio,an Ohio corporation;Wisconsin Bell,Inc.,d/b/a SBC tions hereunder,provided that(a)the defaulting party has received a written notice con- Ameritech Wisconsin,a Wisconsin corporation;SNET America,Inc.a Connecticut cor- taining a reasonably complete description of the default and(b)the defaulting party has poration,and,where the state in which such space is provided is other than one of the failed to cure the default within thirty(30)days of receiving such notice. foregoing,Ameritech Payphone Services,Inc.,a Delaware corporation. (20)NON-WAIVER—No course of dealing or failure of Provider to strictly enforce any term, (9) LIABILITY AND INDEMNIFICATION—PROVIDER WILL PROVIDE PAYPHONE SER- right,obligation,or provision of this Agreement or to exercise any option provided here- VICE PURSUANT TO ITS APPLICABLE TARIFFS,INCLUDING ANY LIMITS OF LIA. under shall be construed as a waiver of such provision. BILITY CONTAINED THEREIN,AND ANY APPLICABLE LOCAL,STATE,AND FED- (21)FORCE MAJEURE—Neither party shall be liable for failure to perform its obligations ERAL REGULATIONS.CUSTOMER AGREES THAT IN NO EVENT WILL PROVIDER under this Agreement if prevented from doing so by a cause or causes which could not BE LIABLE FOR INTERRUPTION OF SERVICE OR ANY PUNITIVE,EXEMPLARY, with reasonable diligence be controlled or prevented by the party,and are otherwise SPECIAL,OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULT- referred to as Acts of God,including civil disobedience and labor disputes. ING THEREFROM, INCLUDING LOST STATION REVENUES.AS TO ALL THIRD (22)ENTIRE AGREEMENT—This Agreement,together with Exhibit A and any other PARTY CLAIMS,LOSSES,COSTS,DAMAGES,EXPENSES(INCLUDING ATTOR- attachments, represents the entire understanding between the parties regarding NEYS'FEES)OR LIABILITIES OF ANY KIND FOR DAMAGES TO PROPERTY,PER- Providers Services on the identified Locations and supersedes all prior communica- SONAL INJURY,OR DEATH('CLAIMS"),PROVIDER AND CUSTOMER WILL EACH Lions, agreements and understandings relating thereto. The provisions of this BE RESPONSIBLE FOR,AND INDEMNIFY AND DEFEND THE OTHER AGAINST, Agreement may not be modified,amended,or waived except by a written instrument EACH PARTY'S OWN,OR ITS AGENTS'OR EMPLOYEES'NEGLIGENT ACTS AND duly executed by both parties. PROVIDER I CUSTOMER _ By By Name—Print or Type Name—Print or Type Title—Print or Type Title—Print or Type 1 Signature Signature Data Business Telephone Date Business Telephone SBC54000(03-2002) Federal Tax I.D./Social Security No. FORM N51 aa-I S( 3(P Agreement No. EXHIBIT A PAY PHONE SERVICE AGREEMENT COMMISSION SCHEDULE VARIABLE COMPENSATION WITH PROFIT SHARING COMPENSATION — Provider shall pay on a regular basis to Customer for the period described in Section 2, a variable percentage of the total gross revenue less monthly access line charges, collected on all coin paid local exchange and IntraLATA toll calls placed from each individual Provider pay phone covered by this Agreement. The rate for coin paid local exchange and IntraLATA toll calls will be determined by the schedule below: MONTHLY LOCAL and INTRALATA COIN REVENUE COMPENSATION RATE Less than $160.00 None $160.01— $190.00 5% $190.01 — $250.00 12% $250.01 and Above 25% By By PROVIDER CUSTOMER Date: Date: Proprietary Information The information contained in this Agreement is not for use or disclosure outside Provider,Customer,their affiliated companies and their third party representatives,except under written Agreement by the contracting Parties. N51 Mar. '02 Agreement No. a l`J� RIDER TO PAY PHONE SERVICE AGREEMENT This Rider is made a part of the Pay Phone Service Agreement between Provider and City of Beaumont ("Customer") dated January 2004 Provider shall provide, and Customer hereby grants Provider permission to install, maintain, and collect, pay phone service at the following locations: Location(s) 2835 Texas Av Beaumont TX 285 Liberty Beaumont TX 2930 Gulf Beaumont TX 3000 Pine Beaumont TX 3295 S 0 St. Beaumont TX. 3500 Fannin Beaumont TX 3671 E Lucas Beaumont TX. 3795 Waco Beaumont TX 4301 Cleveland Av Beaumont TX By: By: PROVIDER CUSTOMER Date: Date: Proprietary Information The information contained in this Agreement is not for use or disclosure outside Provider,Customer,their affiliated companies and their third party representatives,except under written Agreement by the contracting Parties-. AM1389 May '02 Agreement No. RIDER TO PAY PHONE SERVICE AGREEMENT This Rider is made a part of the Pay Phone Service Agreement between Provider and City of Beaumont ("Customer") dated - January 2004 Provider shall provide, and Customer hereby grants Provider permission to install, maintain, and collect, pay phone service at the following locations: Location(s) 5305 Tyrrell Park Beaumont TX 6450 Gladys Beaumont TX 6455 College Beaumont TX 680 N 7t' Beaumont TX 690Irma Beaumont TX 700 Orleans Beaumont TX 701 Main Beaumont TX. 799 Liberty Beaumont TX 800 Pearl - Beaumont TX By: By: PROVIDER CUSTOMER 0 Date: Date: Proprietary Information The information contained in this Agreement is not for use or disclosure outside Provider,Customer,their affiliated companies and their third party representatives,except under written Agreement by the contracting Parties. AM1389 May '02 Agreement No. QQ-1 5 1 13 RIDER TO PAY PHONE SERVICE AGREEMENT This Rider is made a part of the Pay Phone Service Agreement between Provider and City of Beaumont ("Customer") dated January 2004 Provider shall provide, and Customer hereby grants Provider permission to install, maintain, and collect, pay phone service at the following locations: Location(s) 4070 Reed Beaumont,TX 950 Washington Blvd. Beaumont TX 720 Doucett Beaumont,TX 2209 Calder Beaumont TX. 2925 Fannin Beaumont, TX. 1002 Laurel Beaumont,TX 1072 Av C Beaumont TX. 1090 Magnolia Beaumont TX 1110 Park Beaumont TX By: By: PROVIDER CUSTOMER Date: Date: Proprietary Information The information contained in this Agreement is not for use or disclosure outside Provider,Customer,their affiliated companies and their third party representatives,except under written Agreement by the contracting Parties. AM1389 May'02 Agreement No. o� RIDER TO PAY PHONE SERVICE AGREEMENT This Rider is made a part of the Pay Phone Service Agreement between Provider and City of Beaumont ("Customer") dated January 2004 Provider shall provide, and Customer hereby grants Provider permission to install, maintain, and collect, pay phone service at the following locations: Location(s) 1301 Wiess Beaumont,TX 1550 Hale Beaumont TX 1605 Dowlen Rd Beaumont, TX 190 N 10 St. Beaumont,TX. 2000 Cottonwood Beaumont,TX 201_E Lavaca Beaumont TX 2115 Calder Beaumont TX 2490 W Virginia Beaumont TX 2755 Av C Beaumont TX By: By. PROVIDER CUSTOMER Date: Date: Proprietary Information The information contained in this Agreement is not for use or disclosure outside Provider,Customer,their affiliated companies and their third party representatives,except under written Agreement by the contracting Parties. AM 13 89 May'02 Agreement No. —7 5 l RIDER TO PAY PHONE SERVICE AGREEMENT This Rider is made a part of the Pay Phone Service Agreement between Provider and City of Beaumont ("Customer") dated January 2004 Provider shall provide, and Customer hereby grants Provider permission to install, maintain, and collect, pay phone service at the following locations: Location(s) 801 Main Beaumont TX 877 Main Beaumont,TX 950 Washington Bl. Beaumont TX By: By: PROVIDER CUSTOMER Date: Date: Proprietary Information The information contained in this Agreement is not for use or disclosure outside Provider,Customer,their affiliated companies and their third party representatives,except under written Agreement by the contracting Parties. AM 1389 May'02 LIST OF PAY PHONES SBC WILL INCLUDE WITH NEW CONTRACT AS COMMISSIONABLE PHONES AS OF 01/15/04 PHONE ADDRESS ACCESS/ADDITIONAL INFO NUMBER 1 833-6705 799 Liberty City Bus Pavillion 2 833-7026 799 Liberty City Bus Pavillion 3 835-8044 2835 Texas Ave. Outside by Laundry 4 835-8066 877 Main Lobby City Hall 5 835-8103 690 Irma Church next to Comm. Chapel 6 835-8119 4301 Cleveland Ave. Corner of Fillmore & Cleveland 7 835-8131 285 Liberty Near snack wagon across from GSU 8 835-8138 3500 Fannin Transit Shelter 9 835-8158 1301 Wiess Magnolia Park 10 835-8201 2000 Cottonwood Cottonwood Park 11 835-8208 3000 Pine 3490 Pine St. Park 12 835-8275 700 Orleans Municipal Court- First Floor Lobby 13 835-8302 1002 Laurel Bus Stop 14 835-8306 190 N. 10th St. Parking lot across from Central High School 15 835-8309 680 N. 7th St. Right of Way @ sidewalk 16 835-8319 2755 Ave. C. Roberts Park 17 835-8327 201 E. Lavaca Alice Keith Park 18 835-8848 1550 Hale Right of Way outside Magnolia Gardens Housing Project 19 835-8910 720 Doucett Bus Stop 20 835-9028 701 Main Civic Center-Outside of building 21 835-9108 2209 Calder Right of Way Bus Stop 22 835-9128 950 Washington Blvd. Public Health Dept. -- Health Serv. II Bldg. -Waiting Room 23 835-9136 950 Washington Blvd. Public Health Dept. - near entrance @ UTMB 24 835-9169 950 Washington Blvd. Public Health Dept. -- Health Serv. I Bldg. -Waiting Room 25 835-9224 2903 Gulf Sterling Pruitt Activity Center 26 835-9306 1072 Ave. C Fletcher Park 27 835-9333 801 Main Riverfront Park 28 835-9391 701 Main Julie Rogers Theatre Lobby 29 835-9499 1090 Magnolia Transit Stop next to Bud's 30 835-9539 2925 Fannin Central Park Comm. Bldg. 31 835-9609 1110 Park Outdoor @ Bus Shelter 32 835-9631 700 Orleans Municipal Court- First Floor Lobby 33 835-9666 2115 Calder Corner of 5th & Calder 34 835-9730 4070 Reed Right of Way Alice Keith Park 35 835-9753 800 Pearl Public Library 36 842-8914 3295 S. 4th St. Outdoor Bus Stop Right of Way 37 842-8972 2490 W. Virginia Sprott Park 38 842-8973 2490 W. Virginia Sprott Park 39 842-9824 5305 T rrell Park Golf Course/Club House 40 842-9845 3795 Waco Liberia Park 41 866-9041 1605 Dowlen Rd. Miller Library 42 866-9052 6455 College Outdoors-Tennis Courts/Tennis Ctr. 43 866-9971 6450 Gladys Rogers Park 44 866-9972 6450 Gladys Rogers Park 45 1 899-9089 13671 E. Lucas Across from Shamrock 01/16/2004 08:51 AM RIDR2003.WK4 Pagel D cl..S.:Jifil City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: January 27, 2004 AGENDA MEMO DATE: January 21, 2004 REQUESTED ACTION: Council consider a resolution to allow Hibernia National Bank to pledge the following security as collateral for City accounts which is held at the Federal Reserve Bank, effective January 16, 2004. Cusin No. Descri tt� ion Face Value Market Value PLEDGE: 313402CRG9 FNMA, 4.36%, Due 01/01/34 $ 1,000,000.00 $ 999,687.99 RECOMMENDATION The administration requests approval of a resolution to pledge the above listed security covering City deposits at Hibernia National Bank. BACKGROUND The City of Beaumont maintained uncollected ledger balances at Hibernia National Bank in the amount of$3,376,127.24 on January 16,2004. After pledging the above security,the market value ofpledged collateral totals$6,594,828.35 and along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. The majority of industrial district payments are expected within the next two weeks. BUDGETARY IMPACT None. PREVIOUS ACTION Council approved a pledge of collateral by Hibernia National Bank on January 13, 2004. SUBSEQUENT ACTION Subsequent Council action will be requested to pledge or release additional collateral when appropriate. RECOMMENDED BY Finance Officer and Treasurer.