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Home My WebLink AboutPACKET JULY 13 2004 l L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 13, 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 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute an Industrial District agreement with Martin Operating Partners 2. Consider amending the existing Administrative Service agreement between City of Beaumont and the ICMA Retirement Corporation to provide a VantageCare Retirement Health Savings (RHS) Plan for eligible Civilian employees 3. Consider authorizing the City Manager to execute an amendment to the contract with Jefferson County related to collection and assessment services 4. Consider approving an agreement between the City of Beaumont and the Texas Engineering Extension Service(TEEX) to utilize a State Homeland Security sub-grant COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Douglas Manning, et al v City of Beaumont Claim of Donna Manning 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 July 13,2004 Consider authorizing the City Manager to execute an Industrial District agreement with Martin Operating Partners ti� INTER-OFFICE MEMORANDUM R E C E I V E D •�• JEAN 2 2 2004 City of Beaumont, Texas City Attorney's Office Date: June 21, 2004 To: Kandy Daniel, Treasurer From: Lane Nichols, City Attorney Subject: Assumption of Industrial Agreement by Martin Operating Partners COMMENTS Attached is an agreement which will allow Martin Operating Partners to assume all the obligations of Neches Industrial Park, Inc. found in the agreement executed November 20, 2001. If this looks acceptable to you, it can be placed on upcoming agenda to authorize Kyle to sign the agreement allowing Martin Operating Partners to assume the obligations under the Industrial District Agreement. Lane Nichols Attachment Mfl 2004 Consolidated Tax Service, LLP P.O.Box 1807 • 412 South Marshall Henderson,Texas 75653-1807 Phone:903-657-1513 • Fax:903-657-1064 E-Mail:ctsllp @tyler.net • www.ctsllp.com PROFESSIONAL PROPERTY TAX SERVICE June 11, 2004 Ms. Kandy Daniel City Treasurer P. O. Box 3827 Beaumont, Texas 77704 Re: Industrial Contract Transfer. Dear Ms. Daniel, Martin Operating Partners in Kilgore, Texas has purchased property owned by Neches Industrial Park, Inc. for 2004 and would like to transfer the Industrial Contract with the City Of Beaumont into our name. A copy of the contract is enclosed for you reference. We would like to know what (if any) other steps we need to take in order to complete the transfer. The new name and address is as follows: Martin Operating Partners, %CTS, P.O. Box 1807, Henderson, Texas 75653. The Martin direct mailing address is Martin Operating Partners, P.O. Box 191, Kilgore, Texas 75663. Thank you for your time relative to this request and should you have questions or need additional information, please contact our office. Sincerely, CONSOLIDATED VICE, LLP Billy Bob Parker, SPTC #1822 BBP/njh Enclosures cc: Mr. Wes Skelton P.O. Box 191 Kilgore, Texas 75663 Serving Real Estate Oil& Gas Utilities Light&Heavy Industry Jun-03-04 07:13am From- T-288 P.010/019 F-637 May-26-04 12:32pm From-MRTIN RESOURCE MARAGEMSNT CORP_ 003-983-6262 T-409 P.02 F-579 ORDAIN, BELL & TuQKF-R, L.L. P. - MQXPEACOCK 11 ATTORNEYS AT LAW •'AM HER 470 ORLEANS STRSE' AOA) M CrWnFIED ClIn.TRIAL L.w t-_ 0. sox 1751 COMMERCw_RE-sL ESTaTE LAWN BEALIMONT, TEXAS 7 7704-1 75 1 OTHER QFFICCS TQ{gF B,7AR-!) OF LEP4L CATION SPE TEt.EFHOHE (cDQ) 838-e41 2 NQu5TON :tat, EMAIL. JHP('I)POT,CaM, PAX t404I 9$[s•6LS9 4UST)N www,oDt.CDfn SILSbEE actober 10,7001 R.chh Ird ICulliter, Via Federal Erp,:ess Nechc s fx dusrrial Park 1600:rE 17'St.,Suite 308 fit.La-Lde,-dsle,FL 33316 RE' Atlnexation by City of Beaumont and payment in-lieu of tax agreement-2001 Dear 1;;ich:�rd. Fx closed please find the executed In 7 ieu Agreement between the City and Neches Industi ial lurk and the$esOlutiOn No.01-279. If You have any questions regarding this m�acr,-please_f�e�flee to contacr me at any time. . Sincerely, ORDAIN,BE & fCIER, -L.p L r.�alse7's✓a�ock 7I jBpACr Enclosu rt. b0 y/ Jun-03-04 07:13am From- T-288 P.011A 19 F-637 WY-25-04 12:32vm Fram-MARTIN RESOURCE MANAGEMENT CORP. 903-8834282 T-403 P_03 F-570 THE S'ATE OF TEXAS § COL INI-Y OF JEFFERSON � AGREEMENT 7 nis Agreement is made under the authority of Section 42.044 of the Texas Local COVE rnment Code, The parties to the Agreement are The City of Beaumont, a municipal corporation and - hog ne-rule city located in Jefferson County, Texas, hereinafter called "CITY."and Nech,:s Industrial Park, its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE tlVl-iEREAS, Company owns land and improvements which are a part of the manuf acturing, industrial, and refining facilities of said Company. The City has establl;heat an industrial district comprising a certain part of the extra-territorial jurisdic Jon of the City, such industrial district being known as the City of Beaumont Industr al L7istrict_ i YHEREAS, the Company recognizes the benefits of this Agreement and an obligati.)n Io contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason Of being located immediately adjacent to said City. It,view of the above and foregoing reasons, and in consideration of the mutual agreemf fnts herein contained, Company and City hereby agree as follows: Jun-03-04 07:13am From- T-288. P.012/019 P-637 May-25-04 12:32Pm Fran-MARTM RESOURCE MANAGEMENT CORP. 903-9834262 T-403 P-04124 F-5T8 ARTICLE I_ COMPANY'S OBLIGATION Annual Payment on Company's Property 1, Commencing With the calendar year 2002 and each calendar year thereafter for th 9 cluration of this Contract, the Company will pay the City a certain sum which will be cc mp uted on the assessed value of the Company's facilities and property,.real, persc nal, and mixed located on Company's land covered by this contract, (Herein "the properties") 2. Payment Procedures The procedures for determining and making such payments shall be as follows: ta) The payment for 2002-2008 shall be in the amount of$18,250 per year and sh all '.)e due and payable on or before February 1, each year. This payment is allocat.:d ;:ts shown on Attachment"A". (b) City hereby agrees to bill Company for its payments due hereunder on or before Jar,uary 1 each year. Company shall pay to City the amount billed on or before Februa y 1 each year. Upon receiving the final payment, the Finance Officer shall issue an offic.al receipt of said City acknowledging full, timely, final and complete payment due by:;aicl Company to City for the property involved in this Agreement for the year in which si ich payment is made. If payment is not made on or before any due date, the same p{.na[tires, interest, attorneys'fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if Jun-03-04 07:13am From- T-288 P.013/019 F-637 May-25-04 iZ:32pm From-MARTIN RESOURCE WAGEWNT CORP. 903-983-6262 7-403 PA5/24 F-679 payt'ient is not timely made, all payments which otherwise would have been paid to the City lad Company been in the City limits of City will be recaptured and paid to the City withi 6-) days of any Stich event. ARTICLF 11. PROPERTY COVERED BY AGREEMENT Tnis instrument wili reflect the intention of the parties hereto that this instrument shall Govern and affect the properties of Company (facilities, real, personal, and mixed) locatf d can Company's real property as shown on the records of the Jefferson County Appre isal District, which are within the extra-territorial jurisdiction of the City of Beaur font. ARTICLE Ill SALE BY COMPANY Gainpany shall notify City of any sale of any or all of Company's facilities to any persor or entity. It is the intent of the parties that no sale of any of Company's facilities will afPE:ct the amount to be paid to the City as provided under this Agreement. Accord ngly and as to payments due under this contract no such sale shall reduce the amour dLle the City under this contract until the purchaser of such facility has entered into a c Nttract in lieu of taxes with the City that provides for a continuation of like paymer is-,o the City. Jun-03-04 07:13am From- T-288 P-014/019 F-637 May-25-04 12:33pm From-MARTIN RESOURCE MANAGEMENT CORP. 803-983-6262 T-403 P.06/24 F-579 ARTICLE IV. CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in anyway cause or peen pit tea be annexed any portion of lands or facilities or properties of said Company cove red by this Agreement for the period of the agreement except as follows: (a) if the City determines that annexation of all or any part of the properties cove ed by this Agreement belonging to said Company is reasonably necessary to prom)te and protect the general health, safety and,welfare of persons residing within or acljac ant to the City,the City will notify Company in-accordance with State law of the propc secs annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such .innexation with respect to the property so annexed, but shall nevertheless be obliga.ed to make full payment for the year during which such annexation becomes effecti ie if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separ.-tt--ly or in the event the creation of any new municipality shall be attempted so as to inch de within its limits any land which is the subject matter of this Agreement, City shall, u rith the approval of Company, seek immediate legal relief against any such attemp:ed annexation or incorporation and shall take such other legal steps as may be necess Bry or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or companies with the Company's portion allocate d can the basis of assessed values. Jun-03-04 07:13am From- T-28B P:015/019 F-637 Wy-25-04 12,330m From-MARTIN RESOURCE MANAGEMENT CORP. 903-963-8262 T-403 P.07/24 F-670 ?. The City further agrees that during the term of this agreement, there shall not be a deeded or enforced as to any land and property of Company Within said City of Real imont Industrial District, any rules, regulations, or any other actions= (a) seeking in any A my to control the platting and subdivisions of land, (b) prescribing any buildings, elect-ice 1, plumbing or inspection standards or equipment, or(c) attempting to regulate or co itrol in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renev rak;thereof, the City shall not be required to furnish any municipal services to Comr any's property located within the City of Beaumont industrial District; provided, howe,,er, City agrees to fumish fire protection to Company should such protection be reque;ted by Company in the event an unusual emergency situation occurs. The City will al,o provide police protection if called upon by the Jefferson County Sheriffs Depar rmmt for assistance_ ARTICLE IV_ TERMINATION OF BREACH t is agreed by the parties to this Agreement that only full, complete and faithful perfomr.Dance of the terms hereof shall satisfy the rights and obligations assumed by the parties an+:i that, therefore, in addition to any action at law for damages which either party rr ay (have, Company shall be entitled to enjoin the enactment or enforcement of any ord inance or charter amendment in violation of, or in conflict with, the terms of this Agreerr enr,and shall be entitled to obtain such other equitable relief, including specific perform anc:e of the Agreement, as is necessary to enforce its rights. It is further agreed Jun-03-04 07:13am From- T-288 P-016/019 F-637 May-25-04 12:38pm From-WRTIN RESOURCE MANAGEMENT CORP. 803-883-6262 T-403 P.08/24 F-579 that should this Agreement be breached by Company, the City shall be entitled, in addi ion to any action at law for damages, to obtain specifc performance of this Agri ernant and such other equitable relief necessary to enforce its rights. ARTiCLE V. AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Coml iany's"affiliates"and to any properties owned or acquired by said affiliates within the ai ea owned by Company, and where reference is tnade herein to land, property and impro dements owned by Company, that sha1I also include land, property and impro rernents owned by its affiliates. The word "affiliates"as used herein shall mean all comp,inies with respect to which Company directly or indirectly, through one or more intern ediaries at the time in question, owns or has the power to exercise the control over fi ly percent(50%) or more of the stock having the right to vote for the election of directs rs. ARTICLE VI. TERM OF AGREEMENT The to rm of this Agreement shall be for seven (7) years, commencing January 1, 2002, and en ling on December 31, 2008. ARTICLE ViI NOTiCES Any nor ice, provided for in this Contract, or which may otherwise be required by law shall be give z ir. writing to the parties hereto by Certified Mail addressed as follows: Jun-03-04 07:13am Frum— T-288 P.017/019 F-637 May-25-04 12:Wm From—MARTIN RESOURCE KkNAMMENT CORP. 203.963-6262 T-403 P_09/24 F-579 TO CITY TO COMPANY citephen J. Banczek, City Manager Richard H. Culiifer, President City of Beaumont Neches Industrial Park 801 Main #1 Gulf States Road P. 0. Box 3827 PO Box 2296 Beaumont, Texas 77704 Beaumont,Texas 77764 If this Agreement shall be Feld invafid by any court of competent jurisdiction, such holding shall not affect the right of City io any payment made or accruing to City heret ndar prior to such adjudicafion, and this provision is intended to be an indep=ndent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 6 pages, is executed in duplicate counterparts as of this YZ, day of , 2001. CITY OF BEAUMONT, TEXAS d � v By: w Stephen J. once dpi o� City Manager AT'E; T:411,,5 4ar 8a i Liming City Cii!rk Neches Industrial Park By: ,,/� ATl'ES' /ef r✓ �` l'I'Z!r Jun-03-04 07:13am From- T:-288 P.01°8/019 F-637 May-25-04 12:34pm From-MARTIN RESOURCE MANAGEMENT CORP, g08-083-626Z T-403 P_10/24 f-578 ATTACHMENT A TAX ACCOUNT NUMBER(S) ALL-OCATED AMOUNT 3000)5-000-1347900-00000-2 5062)0-000-000010-00000-4 5062)0_000-000015-00000-3 $8,800.00 5296 50-000-000010-00000-2 $3,350.00 52841)0-4:100-000010-00000- 528400-100-000020-00000-3 $6,100.00 Jun-03-04 07:14am From T-288 P.019/019 F-637 Nay-25-04 12:34pm From-MARTIN RESOURCE MMAGEMENT CORP. 903-983-6262 T-403 P.11/24 F-679 RESOLUTION NO. 01-279 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT th.� City Manager be and he is hereby authorized to execute Industrial District AgreE meets with Martin Gas Sales and Neches Industrial Park. The agreements are substi!nti-ally in the forms attached hereto as Exhibits "An and "B." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of Noven Aber, 2001, Mayor- z July 13,2004 Consider amending the existing Administrative Service agreement between City of Beaumont and the ICMA Retirement Corporation to provide a VantageCare Retirement Health Savings(RHS) Plan for eligible Civilian employees QUEO !Is~ City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie A. Dodson, Human Resources Director MEETING DATE: July 13, 2004 AGENDA MEMO DATE: July 8, 2004 REQUESTED ACTION: Council approval to amend the existing Administrative Service agreement between City of Beaumont and the ICMA Retirement Corporation to provide the City of Beaumont VantageCare Retirement Health Savings(RHS) Plan for eligible Civilian employees. RECOMMENDATION Administration recommends that effective July 29,2004 Council amend the existing Administrative Services Agreement between the City of Beaumont and the ICMA Retirement Corporationto provide the City of Beaumont VantageCare Retirement Health Saving (RHS) Plan for eligible Civilian employees. BACKGROUND The City currently offers to all full-time employees a 457 deferred compensation plan through the ICMA Retirement Corporation. A committee of department heads met to review and make a recommendation concerning ICMA Retirement Corporation's additional employee benefit called "VantageCare Retirement Health Savings (RHS) Plan." The RHS plan is an employer-sponsored health benefit savings vehicle that allows an eligible employee to accumulate assets to pay for medical expenses for the employee,his spouse and/or dependents in retirement on a tax-free basis. The plan allows the member to invest dollars in the Vantagepoint Mutual Funds for financial needs during retirement. RHS offers a number of benefits, including tax-deferred accumulation of earnings and, if account assets are used to pay for tax qualified medical benefits for the member,his spouse and/or his dependents, the additional benefit of tax-free withdrawals. The RHS plan will be available to eligible civilian employees and may be the subject of negotiation with the unions representing Firefighters and Police Officers. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Human Resources Director. S:\AGENDA\RHSO4.wpd RESOLUTION NO. WHEREAS, the City of Beaumont has employees rendering valuable service; and, WHEREAS, the establishment of a retiree health savings plan for such employees serves the interest of the City of Beaumont by enabling it to provide reasonable security regarding such employee's health needs during retirement, by providing an increased flexibility in its personnel management system and by assisting in the attraction and retention of competent personnel; and, WHEREAS, the City of Beaumont has determined that the establishment of the retiree health savings plan (the "Plan") serves the above objectives; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT The City of Beaumont hereby adopts the Plan in the form of the ICMA Retirement Corporation's VantageCare health savings program; and, the City Manager be and he is hereby authorized to execute all documents necessary for the implementation of this program. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust with a third party trustee provided by ICMA for the exclusive benefit of Plan participants and their beneficiaries and the assets of the Plan shall not be diverted to any other purpose prior to the satisfaction of all liabilities of the Plan. The City of Beaumont has directed the execution of the Declaration of Trust of the City of Beaumont in the form of the model trust made available by the ICMA Retirement Corporation; and, BE IT FURTHER RESOLVED that the Human Resources Director of the City of Beaumont or its designee shall be the coordinator and contact for the Plan and shall receive all necessary reports and notices. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of July, 2004. - Mayor Evelyn M. Lord - 3 July 13,2004 Consider authorizing the City Manager to execute an amendment to the contract with Jefferson County related to collection and assessment services ..u.. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: July 13, 2004 AGENDA MEMO DATE: July 8, 2004 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an amendment to the contract for Collection and Assessment Services between Jefferson County and the City of Beaumont. RECOMMENDATION The administration requests approval of a resolution authorizing the City Manager to execute an amendment to the contract for Collection and Assessment Services between Jefferson County and the City of Beaumont. BACKGROUND The City entered into a contract with Jefferson County on October 4, 1982 to bill and collect City property taxes for twenty two cents ($.22) per account. The county desires to increase this fee to thirty two cents($.32)per account in the first year of the contract and may increase this rate in fixture years to an amount not to exceed the most recent price of a first class postal stamp. BUDGETARYIMPACT $13,823 was paid to Jefferson County in FY 2004 for Collection and Assessment Services. The new rate would increase the fee to $20,100 for FY 2005. PREVIOUS ACTION The City entered into a contract for Collection and Assessment Services with Jefferson County on October 4, 1982. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. STATE OF TEXAS § COUNTY OF JEFFERSON § AMENDMENT TO CONTRACT FOR COLLECTION AND ASSESSMENT SERVICES WHEREAS, Jefferson County, Texas, hereinafter called "County," and the City of Beaumont, hereinafter called "City,"entered into a contract for Collection and Assessment Services on the 4th day of October 1982, a copy of which is attached hereto and made a part hereof for all purposes as Exhibit"A,"and the parties desire to amend that agreement; NOW, THEREFORE, Section 4.1 and Section 5 of the contract are hereby amended as follows: SECTION 4. PAYMENT 4.1 The City shall pay the County for the performance of the services specified above the sum total calculated by multiplying thirty-two cents($.32)for each account times the total number of accounts as shown on the City's tax roll as received from the Jefferson County Appraisal District. After the first year of this contract, County may increase the$.32 rate to a rate that does not exceed the most recent price of a first class postal stamp. The parties agree that such sum total is a reasonable fee for the services to be performed, and does not exceed the actual cost of assessment and collection of the City's taxes by the County. SECTION 5. REMITTANCE OF COLLECTION The taxes collected for the City shall be remitted weekly. However, when the taxes collected forthe City during any given week equals or exceeds$50,000, County shall make Page 1 GARMIMAGREEMENTSWAX COLL a remittance on the next working day following the day the taxes were collected. Remittances may be held based on the available collected funds in the County's depository. Collections may be withheld for pending supplemental change refunds received from the Appraisal District. The amended provisions supercede all prior oral and written agreements between the parties regarding Payment and Remittance of Collections as provided in Section 4.1 and Section 5 of the Original agreement. All other terms and provisions of the original Contract for Assessment and Collection Services shall remain in full force. This agreement is executed at Beaumont, Texas, on the day of , 2004, by the City Council for the City and by the Commissioners' Court for the County. CITY OF BEAUMONT JEFFERSON COUNTY Kyle Hayes, City Manager Commissioners' Court Page 2 GARMWAGREEMENTSWAX COLL SHE STATE OF TEXAS § COUNTY OF JEFFERSON § /C�ONTT,RRACT FOR ASSESSDMT AND COLLECTION SERVICES On this th / e '-f day of D , 1982, Jefferson County, Texas, hereinafter called "County", and the City of Beaumont, hereinafter called "City", enter into the following agreement: SECTION 1. PURPOSE The parties to this agreement wish to have the assessment and collection of taxes for the City performed by the County. The parties enter into this contract pursuant to the authority granted by Section 6.24, Property Tax Code., and Tex. Rev. Civ. Stat. Ann. art. 4413(32c) (Vernon 1979). SECTION 2. TERM 2.1 This contract shall be effective on October 1, 1982. Thereafter, either party may terminate and cancel the contract by giving sixty (60) days written notice of cancellation to the other party. 2.2 In the event of cancellation, County shall furnish City a duplicate of all records kept for the collection of City's taxes so as to enable City to collect those taxes. SECTION 3. SERVICE TO BE PERFORMED 3.1 The County shall collect the current ad valorem property taxes owing to the City, and, subject to the limitations of Section 8 hereof, shall collect delinquent ad valorem taxes owing to the City. The County further agrees to perform for the City all the duties required by the laws of the State of Texas for the collection of said taxes. 3.2 The County shall perform all the functions set out in the definition section of this contract. Specifically, the County agrees to prepare consolidated tax statements for each taxpayer. The tax statement shall include taxes owed to both the County and the City, or either, as the case may be. The County shall mail said tax statement to each taxpayer who owns property within the geographical boundaries of the City. 3.3 The City hereby designates the Assessor-Collector of Jefferson County as its tax assessor-collector for purposes of compliance with Chapter 26 of the Texas Property Tax Code, and Article VIII of the City':: Charter, as amended. In EXHIBIT `A' addition, the parties agree that the assessor-collector of the County shall perforce all the duties required by law of the tax assessor-collector of the City in regard to assessing and collecting ad valorem taxes. 3.4 The City agrees to promptly notify the County of the adoption of any residential homestead exemption not automatically imposed by law. Further, the City will promptly notify the County of the adoption of any of the provisions contained in Sections 26.011, 31.03, or 31.05 of the Property Tax Code, or of the adoption of any other provision under law which would affect the assessment or collection of taxes for the City. 3.5 The County agrees to mail tax statements by October 1 of each year, or as soon thereafter as practicable. 3.6 The County shall provide for taxes to be collected at the Courthouse in Beaumont. 3.7 The County shall furnish to the City the following: 3.7.1 A duplicate of the current tax roll showing: gross value as certified by the Appraisal Review Board of Jefferson County; exemptions; and the tax levy as calculated using the City's tax rate. The total tax levy shown shall equal the amounts shown on all tax statements mailed to taxpayers. This document shall be delivered to the City by October 31 of each tax year, or as soon thereafter as practicable. 3.7.2 A report showing delinquent taxes for each year as of September 30, as required for the City's audit. This shall be furnished by October 31 of each year, or as soon thereafter as practicable. 3.7.3 A taxes receivable summary each calendar month showing unpaid current taxes and unpaid delinquent taxes at the end of such calendar month. Each summary shall be furnished by the 10th day of the month following that to which the summary pertains, or as soon thereafter as practicable. 3.7.4 A monthly status report of collection activity. Each report shall be furnished by the 10th day of the month following that to which it pertains, or as soon thereafter as practicable. Each report shall show separately for current and delinquent taxes: the beginning of the month taxes receivable; less collections; plus or minus adjustments; to equal the month ending unpaid balance of taxes receivable. This shall be shown in two columns, or in two (2) reports, on showing the month's activity and the other showing City fiscal year-to-date 2 activity. Each report shall include a reconciliation of collections to the cash transfer to City's Depository for the month. Further, each report shall show the breakdown of collections into current taxes, current penalty and casts, delinquent taxes, delinquent panalty and costs, interest, and other tax related revenue. Further, each report shall show legal activity taken on City accounts during the month, including suits filed, judgments taken, judgments paid, and Sheriff's sales. 3.8 All annual reports of delinquent taxes required by 3.7 hereof, shall first be due in the year 1983 on the date stated. 3.9 The County shall mail a delinquent tax notice to each delinquent taxpayer by March 1 and again. by July 1 of each year. SECTION 4. PAYMENT 4.1 The City shall pay the County for the performance of the services specified above the sum total calculated by multiplying twenty cents ($.20) times the total number of accounts as shown on the City's tax roll as received from the Jefferson County Appraisal District. The parties agree that such sum total is a reasonable fee for the services to be performed, and does not exceed the actual cost of assessment and collection of the City's taxes by the County. 4.2 The fee specified in the preceding paragraph shall be payable annually to the County not later than Januuary 31 of each year. 4.3 Should City fail to adopt a tax rate by September 1 or by the date the County adopts its tax rate, whichever should later occur, and should it be necessary because of the City's failure to so timely adopt a tax rate to mail an additional statement containing the City's taxes only, such additional statement and mailing shall be paid for by City. 4.4 October 1 is the beginning date of the County's fiscal year. On each anniversary date of this contract, unless sooner terminated as herein provided, the charge for the base fee and the fee for work shall be increased by the percentage of the "cost of living" wage increase provided County employees, if any, for the preceding fiscal year. SECTION 5. REMITTANCE OF COLLECTION 5.1 The money collected for the City each day shall be remitted to the City by the County before 2:00 p.m. of the following banking day. However, for any day or consecutive days that the balance of money collected for the City 3 equals $50,000.00 or less, the remitting may be postponed to the first day the balance exceeds $50,000.00. The money shall be remitted by direct deposit into the City's Depository. Each deposit shall be pro-rated between the General Fund and the Debt Service Fund on a basis provided by the City. 5.2 Cashiers collecting City taxes shall make a separate electronic record of taxes collected that are current from taxes collected that are delinquent and a copy of the daily cashier's report used as the basis for the transfer of funds shall be furnished to the City within three (3) working days. SECTION 6. BONDING REQUIRIIMTS 6.1 The City agrees to obtain a surety bond for the County assessor-collector acting in his capacity as assessor-collector for the City. Such bond shall be payable to the City, and shall be in the amount of $500,000.00. 6.2 The County shall obtain a faithful performance bond (executed by a surety company authorized to do business in Texas) guaranteeing the faithful performance of duties of all employees of the County Tax Assessor-Collector's office engaged in the collection, receiving, and disbursement of tax money and naming the City as joint obligee. City shall pay for any additional cost of naming City as joint obligee over the cost of naming County, only, as obligee. SECTION 7. MISCELIANEC)US 7.1 The City agrees to transfer to the possession and control of the County, without charge, copies of all records in possession necessary for the performance of the duties and responsibilities of the County pursuant to this contract. These records shall include all tax records, including delinquent tax rolls, or records available to the City. These records shall be in both hard copy and in computer tape format, and shall be conformed to the account numbers of the Jefferson County Tax Appraisal District upon delivery. 7.2 The County shall not be liable to the City on account of any failure to collect taxes nor shall the assessor-collector of the County be liable unless the failure to collect taxes results from some failure on his part to perform the duties imposed upon him by law and by this agreement. 7.3 Payments by the City for the services under this contract shall be made from current revenues available to the City. 4 7.4 The City may require an annual independent audit of the assessor-collector's accounts perfonred on behalf of the City by an auditor not regularly employed by the City or the County. Costs of such audit and copies thereof shall be paid exclusively by City. 7.5 In addition to the audit provided in 7.4 above, the City reserves the right to eY-m ne or audit the tax records of the County at its own expense. 7.6 As a condition precedent to the County's duty to collect taxes under the first year of this contract, City shall first present to the County a balanced and verfied statement showing the 1981 year's total of taxes due, and the cumulative by year total of delinquent taxes due the City prior to the 1981 tax year. 7.7 The County will not collect its own taxes on any account prior to collecting the City's, unless required by law. 7.8 The County shall make no tax refunds of City taxes. 7.9 The County shall provide for a duplicate of all electronic records kept for the collection of City's taxes to be stored at a location separate from the Courthouse together with the electronic program necessary to maintain the records. The duplicate shall be rotated weekly to reflect current information and a log kept of such rotation. The City shall, at its own expense, provide the storage space and shall provide for transporting said records to and from the Courthouse. SECTION 8. DELINQUENT TAX SUITS 8.1 The City authorizes the Office of the Criminal District Attorney of Jefferson County, Texas, or any other attorney designated by the Commissioners Court, to institute suits for the collection of delinquent taxes. The County shall assume responsibility for all delinquent tax suits of the City pending on the effective date of this contract in which no answer has been filed by any named defendant, and may choose to assuire responsibility in those cases in which an answer has been filed. 8.2 In filing delinquent tax suits, County shall include in any petition and judgment all liens assessed by City for weed liens, demolition liens, trash liens, and street assessments, based upon infommiation furnished by the City, and updated on the first of each month. However, the County shall not be liable to the City for the failure to include any such lien in either a tax petition or 5 judgment, and City agrees to defend County against the claim of any third person who claims that such lien was improperly included in any tax judgment, and shall hold the County harmless against any judgment rendered against the County for any such claim. SECTION 9. DEFINITIONS For purposes of this agreement, the terms "assessment" and "collection" shall include the following: calculation of tax using rate provided by the City; preparation of current and delinquent tax rolls; collection of current taxes and tax certificate fees; collection of delinquent taxes, penalties, interests and costs; and performance of duties required of the assessor by Section 26.04 of the Property Tax Code. The terms "assessment" shall not include those functions defined as "appraisal" by the Property Tax Code. This agreement is executed in Jefferson. County, Texas, on the date and year first written above, by the City Council for the City of Beaumont and by the Commissioners' Court for the County. City of Beaumont Jefferson County, Texas 1 —11.L Ray Rile, City ger - Attest: MXrtJfd Cgrg(ay , C Bork, )l — _ Commissioners' Court •T 6 4 July 13, 2004 Consider approving an agreement between the City of Beaumont and the Texas Engineering Extension Service (TEEX)to utilize a State Homeland Security sub-grant City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Micky Bertrand, Fire Chief MEETING DATE: July 13, 2004 AGENDA MEMO DATE: June 15, 2004 REQUESTED ACTION: Council consider approval of an agreement between the City of Beaumont and the Texas Engineering Extension Service(TEEX)to utilize a State Homeland Security sub-grant. RECOMMENDATION: The Administration recommends authorizing the City Manager to sign an agreement to utilize the State Homeland Security sub-grant. BACKGROUND: The FY 2004 State Homeland Security Program(SHSP)provides funds to enhance the capability of State and local units of government to prevent, deter, respond to, and recover from incidents of terrorism involving the use of chemical, biological, radiological, nuclear, and explosive (CBRNE) weapons and cyber attacks. These funds support costs related to homeland security and emergency operations planning activities;the purchase of specialized equipment;and costs related to the design and development of security training programs. On May 21, TEEX notified Mayor Lord that the City of Beaumont will receive a sub-grant in the amount of$213,009. Of that amount, $92,612 is a base grant and the local Council of Government (COG) provided a regional allocation of$120,397 which is to be used for equipment based upon regional needs. Page 2 July 13,2004 City of Beaumont and TEEX Agreement Agenda Memo The proposed agreement provides the process and timeline that will be followed during the administration of the DOJ State Homeland Security Program Grant. The period for performance would become effective December 1, 2003 and terminate November 30, 2005. The total budget amount shall not exceed $213,009. BUDGETARY IMPACT: None. PREVIOUS ACTION: Texas had 15 million dollars available for Weapons of Mass Destruction Response Equipment from the Department of Justice (DOJ) as part of the fiscal year 2002 State Domestic Preparedness Program. All cities were vigorously urged to participate in an assessment of risk, capabilities and needs.Beaumont submitted an application on April 9,2003,with input from several City disciplines, including Law Enforcement, Fire Rescue, Hazardous Materials Team, Public Health, EMS, Public Works, Public Safety Communication, City Manager's Office, and the City's Office of Emergency Management. The data from the assessment provided the information needed to prioritize jurisdictions and allocate funding.The assessment that was submitted in 2003 will be used for the next four(4)years to allocate funding for homeland security.Beaumont was awarded$179,435 under the Program last year. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief. The following is a list of equipment desired to be purchased with the grant funds. HAZMAT 1 SenslR HazmatlD Analyzer with Command System option 4 Mini Radiac Digital Dosemeters 1 APD 2000 portable chemical agent detector 10 Level A Responder Chemical Suits 20 Kappler Level B CPF3 Encapsulated Suits 10 Tychem BR Chemical Suits 6 Powered Air Purifing Respirators(PAPR) 4 Radio Links Scott Talk Around PUBLIC WORKS 1 Enclosed ResponseTrailer-28'with equipment below Barricades-Type I and Type II Construction Fencing Fence Posts Light Plants Trash Pumps Construction Barrels Dust Masks Construction Tape Gloves Protective Suits Flashlight/Batteries Radios for Communication Chain Saws POLICE 1 Generator Portable Diesel 1 Generator Grounding Kit 4 Floodlight on Stand 2 First Aid Kits PUBLIC SAFETY COMMUNICATIONS 2 Portable Radios MT 2000 800 MHZ 4 Radio Links Scott Talk Around EMS and PUBLIC HEALTH 2 #128 Inflatable Decon Shelters low I City o.f Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 13, 2004 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Attorney's office to institute litigation against the Hampton Inn, Interstate Inn and Scottish Inn concerning unpaid local hotel occupancy taxes B) Approve a contract for the purchase of employee work uniforms C) Authorize the acceptance of a 20-foot wide sanitary sewer easement off Lafin Road for the placement of a new sanitary sewer line D) Approve a resolution to reimburse Sunoco Pipeline, L.P. for the adjustment of their facilities on FM 364/Major Drive E) Approve a resolution endorsing the appointment of a chairman and commissioners to the Beaumont Housing Authority Board of Commissioners by Mayor Evelyn M. Lord as required by the Department of Housing and Urban Development A City of Beaumont Council Agenda Item TO: City Council FROM: Lane Nichols, City Attorney PREPARED: Lane Nichols, City Attorney MEETING DATE: July 13, 2004 AGENDA MEMO DATE: July 6, 2004 REQUESTED ACTION: Council to consider a resolution authorizing the City Attorney's office to institute litigation against the Hampton Inn, Interstate Inn and Scottish Inn concerning unpaid local hotel occupancy taxes. RECOMMENDATION Administration recommends that the council adopt a resolution authorizing the City Attorney to institute legal actions against the Hampton Inn, Interstate Inn and Scottish Inn to collect unpaid local hotel occupancy taxes. BACKGROUND The City of Beaumont has instituted a local Hotel Occupancy Tax as allowed by Chapter 351 of the Tax Code of the State of Texas. Under that statute, hotels and motels within the City of Beaumont are required to collect the tax from persons who utilize their facilities and pay that tax on a monthly basis to the city. Currently the Hampton Inn owes penalty and interest for a three- month period. The Interstate Inn owes taxes, penalty and interest for two months and the Scottish Inn is past due four months for the payment of taxes, penalty and interest. Our office has written collection letters to each of these entities on various occasions, but they have had very little effect. Section 351.004 of the Tax Code allows the city's attorney to bring suit against a person who is required to collect the tax, who has failed to file a tax report or pay the tax when due. The lawsuit may also seek to enjoin the operation of the hotel in the municipality until the tax is paid or the report is filed. In addition to any tax owed, the statute allows us to seek reasonable attorney's fees and a penalty equal to fifteen (15) percent of the total amount owed. BUDGETARY IMPACT Funds due under the Hotel Occupancy Tax are placed into a fund, a portion of which is used for Convention and Visitor's Bureau activities, the operation of the Civic Center and support of the arts. TO: City Council MEETING DATE: July 13, 2004 FROM: Lane Nichols, City Attorney AGENDA MEMO DATE: July 6, 2004 PREVIOUS ACTION None. SUBSEQUENT ACTION If authorized by council, we would institute litigation against those entities which failed to pay, seeking an order of the court enjoining them from operation until they make proper payment. RECOMMENDED BY City Manager, City Attorney, Director of the Convention and Visitor's's Bureau and the Finance Officer. B ..Wrr ''*" Cit y of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: July 13, 2004 AGENDA MEMO DATE: July 8, 2004 REQUESTED ACTION: Council consider awarding an annual contract for work uniforms. RECOMMENDATION Administration recommends an annual contract for the purchase of civilian employee work uniforms from Shepherd's Uniform and Linen Supply Company, Inc. of Beaumont, Texas, at the unit prices listed on the attached Bid Tabulation for the estimated yearly amount of$44,941. BACKGROUND City employee work uniforms include men's and women's pants and shirts, as well as other items such as jackets, coveralls, and caps when appropriate. Currently, approximately 400 civilian employees are issued three (3) to five (5) sets of uniforms each year. Individual City departments determine the number of uniforms issued to each employee. Vendors were given approximate yearly usage quantities and were asked to provide an itemized price list and samples of their work uniforms. The specifications requested a surcharge quote for oversized items which are generally defined as items in sizes greater than a 2X shirt or 48"waist size. The bid specifications indicated that delivery is required within ten(10) days after a receipt of a purchase order. In addition, the specifications required the successful bidder to have a physical storefront within the city limits of Beaumont to expedite the measurement of employees and issuance of uniforms throughout the contract period. Bids were received from four(4)vendors and are detailed in the attached Bid Tabulation for review. The apparent lowest bidders were Gordon International of Port Chester,New York,and WearForm of Houston,Texas. Neither Gordon International nor WearForm currently have a storefront within the city limits of Beaumont and both vendors quoted delivery times exceeding ten(10) days. The lowest qualified bidder is Shepherd's Uniform and Linen Supply Company,Inc.of Beaumont,Texas. Annual Contract for Work Uniforms June 30,2004 Page 2 BUDGETARYIMPACT Funds for uniforms are budgeted in each Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. BID TABULATION: ANNUAL CONTRACT FOR WORK UNIFORMS GORDON INT'L WEARFORM SHEPHERD'S MUNRO'S Port Chester,NY Houston,TX Beaumont,TX Beaumont, TX Approx. Qty Description Unit Price Total Unit Price Total Unit Price Total Unit Price Total 600 Men's Long Sleeve Shirts $7.92 $4,752.00 $11.27 $6,762.00 $9.95 $5,970.00 $10.10 $6,060.00 600 Men's Short Sleeve Shirts $7.05 $4,230.00 $9.48 $5,688.00 $8.95 $5,370.00 $8.40 $5,040.00 125 Women's Long Sleeve Shirts $8.36 $1,045.00 $10,52 $1,315.00 $11.00 $1,375.00 $10.35 $1,293.75 90 Women's Short Sleeve Shirts $6.94 $624.60 $8.79 $791.10 $9.00 $810.00 $8.60 $774.00 20 Men's Button Down Oxford US Shirt $10.21 $204.20 $12.53 $250.60 $14.25 $285.00 $13.00 $260.00 40 Men's Button Down Oxford S/S Shirt $8.88 $355.20 $11.09 $443.60 $13.35 $534.00 $11.30 $452.00 700 Men's Pants/Regular Style $10.14 $7,098.00 $11.89 $8,323.00 $13.25 $9,275.00 $13.10 $9,170.00 200 Men's Pants/Jean Cut Style $11.58 $2,316.00 $12.69 $2,538.00 $15.86 $3,172.00 $14.35 $2,870.00 150 Women's Pants $10.97 $1,645.50 $12.58 $1,887.00 $14.95 $2,242.50 $14.15 $2,122.50 20 Men's Pleated Slacks $16.06 $321.20 $25.51 $510.20 $16.20 $324.00 $17.35 $347.00 20 Men's Traditional Work Pants $14.83 $296.60 $13.78 $275.60 $13.40 $268.00 $15.60 $312.00 50 Denim Jeans $9,56 $478.00 $12.29 $614.50 $16.00 $800.00 $18.75 $937.50 200 Jackets $20.27 $4,054.00 $23.80 $4,760.00 $23.99 $4,798.00 $25.15 $5,030.00 20 Team Jackets $20.65 $413.00 $23.23 $464.60 $32.50 $650.00 $25.55 $511.00 100 Long Sleeve Coverall $17.20 $1,720.00 $20.87 $2,087.00 $19.50 $1,950.00 $22.75 $2,275.00 75 Short Sleeve Coverall $17.20 $1,290.00 $20.87 $1,565.25 $27.50 $2,062.50 $28.75 $2,156.25 125 Caps $1.95 $243.75 $2.35 $293.75 $7.00 $875.00 $3.70 $462.50 2000 Emblems: City of Beaumont $0.80 $1,600.00 $1.75 $3,500.00 $2.00 $4,000.00 $3.00 $6,000.00 90 Civic Center $0.80 $72.00 $1.75 $157.50 $2.00 $180.00 $3.00 $270.00 ESTIMATED ANNUAL TOTAL: $32,759.05 $42,226.70 $44,941.00 $46,343.50 STATED LEAD TIME: 6 weeks 20 days 10 days 7-10 days UNIFORM SAMPLES PROVIDED: No Yes Yes No STOREFRONT IN BEAUMONT: No No Yes Yes %ADDED FOR OVERSIZE: 200/. 15% 20% 20% c City of Beaumont �• Council Agenda Item E g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 13, 2004 AGENDA MEMO DATE: June 28, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 20-foot wide sanitary sewer easement off Lafin Road for the placement of a new sanitary sewer line. RECOMMENDATION J.L. Caldwell Company Trust for the Benefit of G.A.N. McFaddin and W.P.H. McFaddin, Jr. has agreed to convey a 20-foot wide sanitary sewer easement to the City of Beaumont on property described as being a 1.138 acre tract of land out of the J.W. Bullock League, Abstract No. 7, Jefferson County, Texas. The easement is adjacent to an existing 10-foot sanitary sewer easement. Administration recommends acceptance of the easement. BACKGROUND None. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. EngLafinMcFaddin-1b.wpd 28 June,2004 SUBJECT 20' WIDE SANITARY SEWER W W w EDMOND EASEMENT wP P �y�J s W Q w 287 O 1.138 ACRES OUT OF of 96 69 SARA" TRACT 6—B J.W. BULLOCK LEAGUE ABSTRACT T < A W Q �' f fPN��g1 124 CgNq� J 3 � (LAFIN ROAD) �L OWNER 911 J. L. CALDWELL COMPANY TRUST Sewage Treatment Plant LOCATION MAP LEGEND N.T.S. SUBJECT PROPERTY fficKWPol R6'0, �F�NE FND. 2 PIPE NE O R.O.W. LINE SECKENTS N4. QN 89.19'44" E 1786.79' Y L 1149.PG.623 .R.OF J.C.,T. ® BLOCK atocK S 69-47'16' B 692.29' e BLOCK® B K Q S 00.40'16' E 21.41' m Q N 69'4T f 6" 1 696.23' wW Q S 89.19'44' I 1783.34' N a F a ®NORTH 20.00' S�$DIVIS10 o' c so c OTT c N cC y N ARTNERSHIP 24 �t D 5 0 39560 D A 20' OWF KA SON 14 F LEB L ON MY OF SEAUMOW READ 5D1 of €EXWW I VMUME W sAWAWa PAW l5a i. P.O.B OR OF J.C..T. .2p• U J 7I� Q w m C4 30 Z �p m 82.57 ACRES o�o TRACT 6-R VOLUM 'Q E 689,PAGE 569 v D.R.OF J.C..T. O ao IL y v } H rb 'B so 0 � me CD \ C w aR 1. OwE v W N.T.S. U 0.1 Cat y of Beaumont Z WAS. �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: July 13, 2004 AGENDA MEMO DATE: June 28, 2004 REQUESTED ACTION: Council approve a resolution authorizing the expenditure of $38,232.74 to reimburse Sunoco Pipeline,L.P. for the adjustment of their facilities on FM 364/Major Drive. RECOMMENDATION Administration recommends approval of resolution authorizing the reimbursement to Sunoco Pipeline, L.P. in the amount of$38,232.74. BACKGROUND A Three Party Utility Agreement was executed on April 16,2001 between the City of Beaumont,the Texas Department of Transportation and Sunoco Pipeline, L.P. The total eligible cost for the adjustment of the pipeline facilities is$38,232.74,which is the amount owed to the utility company by the City of Beaumont. Subsequent to the City's reimbursement, the Texas Department of Transportation will reimburse the City of Beaumont 80%of the total cost,which is$30,586.19. That is a net cost of$7,646.55 to the City. BUDGETARY IMPACT The net cost to the City is $7,646.55 and is available in the Capital Improvement Program. PREVIOUS ACTION A Three Party Utility Agreement was executed between the City of Beaumont,the Texas Department of Transportation and Sunoco Pipeline, L.P. on April 16, 2001. SUBSEQUENT ACTION The Texas Department of Transportation will reimburse the City of Beaumont 80%of the total cost, which is $30,586.19. That is a net cost of$7,646.55 to the City. RECOMMENDED BY City Manager, Public Works Director and City Engineer. EngsunocoReimbursement-ibmpd June 28,2004 Texas Department of Transportation 8350 EASTEX FREEWAY•BEAUMONT,TX 77708•(409)892-7311 June 21, 2004 Sunoco Pipeline U-8027 Jefferson County CSJ 0786-01-064 9120-00-01 Hwy.: FM 364 from SH 124 to SH 105 Mr. Ronnie Pullin Real Property Coordinator City of Beaumont P.O. Box 3827 Beaumont, Texas 77704-3827 Dear Mr. Pullin: Reference is made to the above noted project and adjustment. The billing"submission has been reviewed and approved by Right of Way Division and the Audit office. We have been instructed to authorize the City to make payment to the utility (Sunoco) for 100% of the eligible costs. The final billing of$39,596.50 was reviewed, and exception was taken to the amount of ineligible costs. The utility failed to apply the eligibility ratio to the material and services loading. The utility company agreed to a citation in the amount of$1,363.76. The billing is approved, and authorization is given to • make payment in the amount of$38,232.74. Enclosed please find a copy of the Tabulation of Utility Adjustments form requesting reimbursement to the City of Beaumont for 80% of their adjustment payments, or$30,586.19. Please return this form with evidence of payment to the utility. If you need additional information, please contact Wayne David at 409-898-5770. Sincerely, �tynwood Walters District ROW Administrator ` WD Encl. .111 �r �Ul1�r An Equal Opportunity Employer Sunoco Logistics Sunoco Logistics Partners L.P. 1801 Market Street Philadelphia, PA 19103-1699 I N V O I C E CITY OF BEAUMONT INVOICE NUMBER: B824201K1 ATTN: RONNIE PULLIN P.O. BOX 3827 INVOICE DATE : 10/28/03 BEAUMONT TX 77704-3827 TERMS : NET DUE UPON RECEIPT WE CHARGE YOUR ACCOUNT AS FOLLOWS : BEAUMONT, TEXAS FM 364/MAJOR DRIVE RELOCATION 34, 757 . 04 ADMINISTRATIVE AND SUPPORT CHARGE 4 , 839 .46 FOR INFORMATION RELATING TO THIS INVOICE PLEASE CONTACT SARAH HAMPTON @ (918) 586-6368 REFERT TO PROJECT # 374-683222 I N V O I C E T 0 T A L $39, 596 . 50 <><><><><> PLEASE INCLUDE INVOICE NUMBER ON ALL REMITTANCES <><><><><> ******************************************************************************** * * PAYMENTS BY CHECK REMIT TO: TAX ID NUMBER 23-3102656 * SUNOCO PIPELINE L. P. * P.O.BOX 8500-53848 * PHILADELPHIA PA 19178-3848 * * * PAYMENTS BY WIRE TRANSFER: PAYMENTS BY ACH: * FIRST UNION NATIONAL BANK FIRST UNION NATIONAL BANK * NEWARK, NJ PHILADELPHIA, PA * ABA # 031201467 ABA # 031000503 * * * FOR CREDIT TO: FOR CREDIT TO: * SUNOCO PIPELINE L. P. SUNOCO PIPELINE L. P . * ACCOUNT # 2000011054603 ACCOUNT # 2000011054603 * * ******************************************************************************** <><><><><> PLEASE INCLUDE INVOICE NUMBER ON ALL REMITTANCES <><><><><> E RESOLUTION NO. WHEREAS, by act of the Board of Commissioners of the City of Beaumont on the 23rd day of September, 1941, and in accordance with state law, the Mayor of the City of Beaumont was authorized and directed to file as necessary certificates with respect to the appointment of commissioners and to designate the Chairman of the Commissioners of the Housing Authority of the City of Beaumont in conformity with the Housing Authority Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Mayor, be and she is hereby authorized, empowered and directed, in accordance with the resolution adopted by the City Commissioners of the City of Beaumont on the 23`d day of September, 1941, to file the necessary certificates in writing appointing necessary commissioners and a chairman thereof to serve as a housing authority for the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of July, 2004. - Mayor Evelyn M. Lord -