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PACKET DEC 21 1999
V~ • � ' C City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 21, 1999 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments 3�S A) Approve the purchase of twenty-five pursuit vehicles for use in the Police Department wit 76 B) Approve the purchase of one track dozer for use in the Clean Community Department 377 C) Approve the purchase of one diesel powered cab and chassis equipped with a forty-five cubic yard trailer for use in the Clean Community Department D) Approve the purchase of two utility vehicles for use in the Public Works Department, Water Utilities Division 275 E) Authorize the acceptance of a water line easement F) Approve a change order relating to the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract 1 and authorize final payment G) Approve the sale of City-owned surplus properties Consent Agenda Summary December 21, 1999 * Approval of minutes * Confirmation of committee appointments A) Approve the purchase of twenty-five pursuit vehicles for use in the Police Department Administration recommends the purchase of ten Chevrolet Impalas and fifteen Ford Crown Victorias through the Houston-Galveston Area Council (H-GAC) in the amount of$496,289.58. The price of the Chevrolet Impala is $18,581 each and the price of the Ford Crown Victoria is $20,320 each. The total price includes an H-GAC administrative fee of$5,679.58. Triangle Chevrolet,Inc. of Port Arthur and Philpott Ford of Port Neches are H-GAC's contracted vendors. Funds are budgeted in the Capital Reserve Fund. A copy of the staff memorandum is attached for your review. B) Approve the purchase of one track dozer for use in the Clean Community Department Administration recommends approval of one 60,000 track dozer from Mustang Tractor&Equipment in the amount of$275,191. The new unit will replace a 1988 Caterpillar D7H dozer, with hours in excess on 10,000. The replacement unit will be disposed of according to the surplus property disposal policies. Funds for the purchase of this dozer will be available through a financing agreement. A copy of the staff memorandum is attached for your review. C) Approve the purchase of one diesel powered cab and chassis equipped with a forty-five cubic yard trailer for use in the Clean Community Department Administration recommends approval of buying one diesel powered cab and chassis from Olympic International Trucks of Houston in the amount of$68,019.66 and one forty-five cubic yard trailer from UTEC of Lake Charles, Louisiana in the amount of$33,260. The new truck will replace a 1988 White GMC trash truck, with mileage in excess of 110,000 miles. The replacement unit will be disposed of according to the City's surplus property disposal policies. Funds for this expenditure are budgeted in the Solid Waste Fund. A copy of the staff memorandum is attached for your review. D) Approve the purchase of two utility vehicles for use in the Public Works Department, Water Utilities Division Administration recommends approval of the purchase of two John Deere 4x2 Gator utility vehicles to Eastex Farm and Home of Beaumont in the amount of$15,470.48. The system quoted by the apparent low bidder consists of a lightweight roll-bar which does not meet OSHA requirements for roll-over protection as required in the bid specifications. Funds for this expenditure are budgeted in the Water Utilities Fund. A copy of the staff memorandum is attached for your review. E) Authorize the acceptance of a water line easement Beau port Partners Limited has conveyed a ten-foot wide Water Line Easement to the City of p Y Beaumont on their property described as being out of the F. Bigner Survey, Abstract 1 and located at 4630 Collier Road. Administration recommends acceptance of the easement. A copy of the staff memorandum is attached for your review. F) Approve a change order relating to the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract 1 and authorize final payment Administration recommends approval of Change Order Number One in the amount of$2,000 for the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract I. Additionally, Administration recommends authorization of the final payment to Brystar Contractors, Inc. in the amount of$6,280.90. MBE participation on the project was $14,500 or 11.5% of the total project. The City of Beaumont entered into an agreement with Brystar Contractors, Inc. in September of 1999 in the amount of$123,618 to construct the project. A copy of the staff report is attached for your review. G) Approve the sale of City-owned surplus properties 1)Administration recommends sale of City owned surplus property to Darlene Hanna of Winme in the amount of$20,000. The City solicited bids for the sale of an economic remnant of property from the Lucas Drive Widening Project. The 0.75 acre triangle of land is described as part of Lot 8 and the east portion of Lots 9, 10, 11, 12 and 13, Block 1 of the Calder Highlands Addition. A copy of the staff memorandum is attached for your review. 2) Administration recommends sale of City owned surplus property to Shirley Reese of Beaumont in the amount of$13,100. The City solicited bids for the sale of a 0.50 acre parcel of land which is an economic remnant of property from the Lucas Drive Widening Project. A copy of the staff memorandum is attached for your review. 3)Administration recommends sale of City owned surplus property to William H. Hale of Beaumont in the amount of$4,125. The City solicited bids for the sale of a 0.20 acre parcel of land which is an economic remnant of property from the Major Drive Widening Project. A copy of the staff memorandum is attached for your review. 4) Administration recommends sale of City owned surplus property to J. Warren Fontenot of Beaumont in the amount of$3,755. The City solicited bids for the sale of a 0.21 acre parcel of land which is an economic remnant of property from the Major Drive Widening Project. A copy of the staff memorandum is attached for your review. A i City of Beaumont •� Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 21,1999 AGENDA MEMO DATE: December 14, 1999 REQUESTED ACTION: Council consider the purchase of twenty-five (25) pursuit vehicles. RECOMMENDATION Administration recommends the purchase of ten(10) Chevrolet Impalas and fifteen (15) Ford Crown Victorias through the Houston-Galveston Area Council (H-GAC) in the amount of$496,289.58. BACKGROUND In the past, the City has purchased pursuit vehicles through the State of Texas Cooperative Purchasing Program. The State has experienced several delays this year in obtaining prices for the pursuit vehicles. According to the General Services Commission, pricing will not be available until mid or late January. It was determined that the cost of maintaining the current fleet of pursuit vehicles exceeds the savings that might be realized by waiting for the State's contracted pricing. H-GAC has already obtained pricing and orders can be placed. Two vehicles are recommended for purchase this year. The City's current pursuit vehicle fleet consists of Ford Crown Victorias. The Police Department, in conjunction with the Fleet Management Division, have recommended including the Chevrolet Impala, a front wheel drive vehicle equipped with a police pursuit package, along with the Ford Crown Victoria this year. Chevrolet last produced a police pursuit vehicle in 1995. Since that time, the only police pursuit vehicle manufactured has been the Ford Crown Victoria. Chevrolet has re-introduced the Impala with a police pursuit package this year. This package includes a high output alternator, aluminum engine cradle for light weight, heavy duty transmission, heavy duty cooling, and a column mounted shifter. . Purchase of Pursuit Vehicles December 14, 1999 Page 2 The exterior size of the Impala is slightly smaller than the Ford Crown Victoria but the interior space is the same. The Impala is equipped with a V-6 engine resulting in greater fuel efficiency. The front wheel drive design also provides the driver with greater handling ability in bad weather conditions. The price of the Chevrolet Impala is $18,581 each and the price of the Ford Crown Victoria is $20,320 each. The total price for twenty-five (25) vehicles is $496,289.58. This price includes an H-GAC administrative fee of$5,679.58. Triangle Chevrolet, Inc. of Port Arthur and Philpott Ford of Pt. Neches are H-GAC's contracted vendors. Last year's price for the Ford Crown Victoria was $19,798 each. This represents an approximate 2'/z% increase in the cost from last year. Warranty service will be provided by the local authorized Ford and Chevrolet dealerships. The warranty period is three (3) years or 36,000 miles. Vehicles to be replaced include 1994, 1995, 1996 and 1997 year model police pursuit vehicles. These vehicles will be disposed of according to the City's surplus property procedures. BUDGETARY IMPACT Funds for this expenditure are budgeted in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Police Chief. RECOMMENDED MOTION Approve/Deny the purchase of twenty-five (25) police pursuit vehicles through the Houston- Galveston Area Council at a total cost of$496,289.58. City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 21,1999 AGENDA MEMO DATE: December 8, 1999 REQUESTED ACTION: Council consider the award of a bid for one (1) 60,000 lb. track dozer. RECOMMENDATION Administration recommends the award of a bid to Mustang Tractor & Equipment for one (1) Caterpillar Model D7R dozer with waste disposal arrangement. BACKGROUND One bid was received on Monday, December 6, 1999 for the purchase of one (1) 60,000 lb. track dozer. The dozer will be used by the Clean Community Department at the landfill to move dirt, brush and solid waste. No other bids were received due to there being only a limited number of companies manufacturing heavy equipment for use on landfills. Caterpillar is the only manufacturer of a dozer with the waste disposal arrangement. The waste disposal arrangement includes additional guards to protect the radiator, engine, crankcase, tilt cylinder lines, final drive seals, idler seals and pivot shaft seals from contact and debris damage. Currently, the landfill operates with two Caterpillar D7 dozers. Mustang Tractor & Equipment of Beaumont submitted a bid in the amount of $275,191. A guaranteed option from the dealer to buy back the equipment after three (3), four (4) or five (5) years use was also requested. The quoted buy back option at three (3) years is $143,303, four (4) years is $113,134, and at five (5) years is $94,279. The right to exercise this option is at the sole discretion of the City. The Caterpillar dozer is warranted for one (1) year or 1,500 hours. The power train is warranted for five (5) years or 7,500 hours. All warranty service will be provided by Mustang Tractor & Equipment in Beaumont. Purchase of 60,000 lb. track dozer December 8, 1999 Page 2 The new unit will replace Unit 5058, a 1988 Caterpillar D7H dozer, with hours in excess of 10,000. The replacement unit will be disposed of according to the surplus property disposal policies. BUDGETARY IMPACT Funds for the purchase of this dozer will be available through a financing agreement. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny the award of a bid to Mustang Tractor & Equipment for the purchase of one (1) Caterpillar Model D7R dozer with waste disposal arrangement in the amount of$275,191. c Cit of Beaumont y Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 21,1999 AGENDA MEMO DATE: December 8, 1999 REQUESTED ACTION: Council consider the award of a bid for one (1) diesel powered cab and chassis equipped with a forty-five (45) cubic yard trailer. RECOMMENDATION Administration recommends the award of a bid to Olympic International Trucks for one (1) diesel powered cab and chassis and to UTEC Trailers for one (1) forty-five cubic yard trailer. BACKGROUND Three (3) vendors submitted bids on Monday, December 6, 1999, for furnishing one (1) diesel powered cab and chassis equipped with a forty-five (45) cubic yard trailer for the Clean Community Department. The truck will be used to transport trash removed from residential neighborhoods to the Landfill. The bids received are as follow: Vendor Cab & Chassis Trailer Olympic International Trucks $68,019.66 $33,260 Houston, TX Smart's Truck & Trailer $69,785.98 $41,559 Beaumont, TX UTEC No Bid $33,260 Lake Charles, LA Purchase of Cab and Chassis equipped with 45 cubic yard trailer December 8, 1999 Page 2 Bid specifications provided that the City may award the bids separately. Olympic International Trucks and UTEC bid the same trailer. By awarding the bid to Olympic and UTEC, the City may realize faster response times for any service work needed on the trailer because the Fleet Division will be able to contact each vendor directly for warranty service. Olympic will deliver the cab and chassis to UTEC for installation of the trailer. The complete unit will be delivered to the Fleet Center in approximately 180 days. The local sales tax analysis was applied to the local vendor's bid, failing to alter the bid standings. The cab and chassis and trailer are warranted for a period of one (1) year. Warranty service for the cab and chassis will be provided by Olympic International Trucks. The trailer is warranted for a period of one (1) year and service will be provided by UTEC. The new truck will replace Unit 3200, a 1988 White GMC trash truck, with mileage in excess of 110,000 miles. The replacement unit will be disposed of according to the City's surplus property disposal policies. BUDGETARY IMPACT Funds for this expenditure are budgeted in the Solid Waste Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Clean Community Director. RECOMMENDED MOTION Approve/Deny the award of a bid for the purchase of one (1) 2000 International cab and chassis from Olympic International Trucks in the amount of$68,019.66 and to UTEC in the amount of $33,260 for one (1) forty-five (45) cubic yard trailer. D City of Beaumont Council Agenda Item � c g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 13, 1999 REQUESTED ACTION: Council approval to award a bid for the purchase of two (2) 4X2 utility vehicles. RECOMMENDATION Administration recommends award of a bid for the purchase of two (2) John Deere 4X2 Gator utility vehicles to Eastex Farm and Home in the amount of$15,470.48. BACKGROUND Bids were requested for two (2) 4X2 utility vehicles for use by the Public Works Department, Water Utilities Division in various hauling capacities. Twelve vendors were notified of the bid, with two (2) bidders responding with bids on Monday, December 6, 1999. The bids received were as follow: Vendor Model Bid Delivery Unit Price ROPS Bid Amount United Rentals Ingersoll-Rand Beaumont, Tx Club Car XRT 30 days $6,908.42/ea $195.00/ea $14,206.84 Eastex Farm& Home John Deere Beaumont, Tx 4X2 Gator 90 days $6,138.31/ea $1,596.93/ea $15,470.48 Bid specifications required that a OSHA-approved roll-over protection system (ROPS), including plastic canopy, windshield and enclosure with doors and rear curtain, be provided to assure operator safety and comfort. The system quoted by the apparent low bidder consists of a lightweight roll-bar which does not meet OSHA requirements for ROPS. It is recommended that the bid be awarded to the next low bidder, Eastex Farm and Home, which bid an OSHA approved system. Purchase of Two (2) 4X2 Utility Vehicles December 13, 1999 Page 2 The unit has been inspected by Fleet Management personnel and meets all requirements of the bid specifications. The unit has a one (1) year warranty covering parts and labor, with service work to be performed by Eastex Farm and Home. BUDGETARY IMPACT Funds for this expenditure are budgeted in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Eastex Farm and Home for the purchase of two (2) John Deere 4X2 Gator utility vehicles. E Cit y of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 9, 1999 REQUESTED ACTION: Council approval of a resolution authorizing the acceptance of a water line easement. RECOMMENDATION Beauport Partners, Limited has conveyed a ten foot wide Water Line Easement to the City of Beaumont on their property described as being out of F. Bigner Survey, Abstract 1 and located at 4630 Collier Road. Administration recommends acceptance of the easement. BACKGROUND Chelsea Apartments is being constructed on this site. The 1997 Standard Fire Code, Chapter 6, Section 603.17.2 requires each sprinkler or standpipe system be located not more than 100 feet from the nearest fire hydrant connection. This easement will allow the owners to be in compliance with the code. BUDGETARY IMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the acceptance of a water line easement. beauport.jld SUBJECT IN WATER LINE 28 �"o,PO MAR GO EASEMENT TO THE H LANDR CITY OF BEAUMONT �Q ODOM Q �O P 2 Lj Li F. BIGNER SURVEY, >or COLLIER W ABSTRACT 1 CHELSEA APARTMENTS J J 4630 COLLIER ROAD. TAR - FOLSOM CNNYSC N ARTHUR ALEI COOIIDGE a OWNER: , Ed to BEAUPORT PARTNERS x TAFT LEGEND LOCATION MAP N.T.S. SUBJECT PROPERTY D-ROVE APTS. � I r•.I f F:I I x i:p -F; I N.T.S. r CHELSEA APARTMENTS "•I r! 4630 COLLIER ROAD r.'1 r. I F t;l I g r•I rd I•) F;1 Y r 16-073 EASEMENT.FT. r•I 0.37 ACRES w, :4 IN 1 ' I•{ c•I I: I 1 r it 1:� I• I __ I.7 is >s• \N13.0.13. Aw-sccrlo+601372 pvaa ct K--Q COLLIER ROAD LOW City of Beaumont : . ` Council Agenda Item TO: Stephen J. Bonczek, City Manager FROM: Tom Warner, Public Works Director PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 14, 1999 REQUESTED ACTION: Consider a contract change order for the Sanitary Sewer Rehabilitation of Small Diameter Mains - Contract I and authorize final payment. RECOMMENDATION Administration recommends approval of a Change Order Number One in the amount of$2,000 for the Sanitary Sewer Rehabilitation of Small Diameter Mains-Contract I.Additionally,Administration recommends authorization of the final payment to Brystar Contractors, Inc., in the amount of $6,280.90. MBE participation on the project was $14,500 or 11.5% of the total project. BACKGROUND The Minglewood area is a high priority candidate for rehabilitation of the sanitary sewer. The area was identified in the Comprehensive Inflow/Infiltration Study to receive immediate attention. This project is a pilot project selected to establish a cost schedule for back lot sanitary sewer mains and service taps rehabilitation. BUDGETARY IMPACT Funds are available in the Capital Improvements Funds. Recent reimbursement for the Water Line Relocation Project on West Port Arthur Road from the Texas Department of Transportation will allow funding of this contract. PREVIOUS ACTION The City of Beaumont entered an agreement with Brystar Contract, Inc. in September 1999 in the amount of$123,618 to construct this project. SUBSEQUENT ACTION None. RECO MMENDED BY: City hMana er, Public Works Director, and Water Utilities Manager. I RECOMMENDED MOTION: Approve/Deny approval of Change Order Number One in the amount of$2,000 for the Sanitary Sewer Rehabilitation of Small Diameter Mains-Contract I and authorization of final payment in the amount of$6,280.90. OAKW❑D WORK AREA Z o : Y- >. k a cy- W 3 N. WILLO OOD w to = Li TIMBE WOOD O DRIFT OD 30 OOD z 9 TU 0 g BL .J AC ,ON 3 �`"r,best, = 9� ark u = O)KS. WILLOWOOD 3: DELAWARE t— �p F 00 Y- Lev RNBIN HOED _ 0 VICINITY MAP N.T.S. i T -- - OEM FrOjec'.No. LAX;d UW1 VJ 6 ti v i1C.ciuu:.iu ---- 111�111tJ Brystar Contracting, inc. Totai Cuuiiaui AiuOiiilt y 14, c.nntrart I _e"Er,:_e-o •.nlor/Proposer ------ Na�lie of uc .,�ltro .. r pr• nr,wnnv ACT C!`TDTrAT PAVTNr. FTC-1 I PROJECTED 1 11 I ILL V,VL' YY kJ 141`1:1J1.•L.aav�.. II I A wT�nni.rrD A Orr TTI7AdQ OP PARTS THF.RFOF � COMMENCEMENT& � AGREED II NAME OF MINORITY l A a a._... �. - - TO RE PERFORMED COMPLETION DATE PRICE i _-- - ll !'t1NTRACTOR 1 A.1JIJKCJJ _ l_ __ --- - i n�� i t �_t�,_QQ i 14-500.00 �iPrank ratilio t. Bux »L ( Hauiing / Trucking I - —TrTti,.kin : e4T`^f'*st Term t t tt The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. NOTE: 1. Any business listed above must have Schedule A on file with the City. 2. Schedule C is to be included with bid, and resubmitted at 50% and 100% of project completion. SignatuLL President Title 30 PW/E MBUC 0203-95 0 MONTHLY PAY REQUEST 0 0 INVOICE: RETAINAGE CITY OF BEAUMONT SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS-CONTRACT 1 OUR JOB NO. 190799 SUBCONTRACTOR BRYSTAR CONTRACTING INC. ESTIMATE NO 3 CONTRACT AMOUNT $125,618,00 DATE: DECEMBER 14,1999 TOTAL WORK TOTAL WORK PERCENT COMPLET 100.00M. PREVIOUS COMPLETE COMPLETE TOTAL TOTAL ITEM UNIT CONTRACT CONTRACT TOT.WORK TO DATE THIS BILLING AMOUNT AMOUNT NO. DESCRIPTION PRICE QTY AMOUNT COMPLETE OTY QTY THIS BILLING COMPLETED 1 MOBILIZATION $2,000.00 1 LS $2,000.00 1 1 0 LS $0.00 $2,000.00 2 6"SAN.SEWER REHAB $22.00 2544 LF $55.968.00 2544 2544 0 LF $0.00 $55,968.00 3 8"SAN.SEWER REHAB $25.00 1150 LF $28,750.00 1000 1000 0 LF $0.00 $25.000.00 4 TRENCH SAFETY PLAN $500.00 1 LS $500.00 1 1 0 LS $0.00 $500.00 5 TRENCH SAFETY SYSTEM $100.00 1 LS $100.00 1 1 0 LS $0.00 $100.00 6 SERVICE TAP RESTORATION $550.00 66 EA $36300.00 66 66 0 EA $0.00 $36300.00 7 REMOVEIREPLACE MANHOLE $650.00 10 EA $6,500.00 8 8 0 EA $0.00 $5,200.00 8 8"MAIN LINE CLEANOUT 5275.00 2 EA $550.00 2 2 0 EA $0'00 $55000 SUBTOTAL $0.00 $125,618.00 TOTAL AMOUNT BID $125.618.00 TOTAL AMT WORK DONE TO DATE $125,61800 MATERIALS ON HAND so.W TOTAL OF WORK 6 MATERIALS $125,618.00 LESS RETAINAGE(5%) $0.00 LESS PREVIOUS BILLINGS $119,337.10 TOTAL DEDUCTIONS $119,337.10 AMOUNT DUE CONTRACTOR $6,280.90 City of Beaumont •r Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 14, 1999 REQUESTED ACTION: Council approval for the sale of City-owned surplus property RECOMMENDATION Administration recommends sale of City owned surplus property to Darlene Hanna of Winnie for the sum of Twenty Thousand Dollars ($20,000). BACKGROUND The City solicited bids for the sale of an economic remnant of property from the Lucas Drive Widening Project. The 0.75 acre triangle of land is described as part of Lot 8 and the east portion of Lots 9, 10, 11, 12 and 13, Block 1 of the Calder Highlands Addition, located one hundred fifty feet (150') north of Calder Avenue, between the east line of West Lucas Drive and the west lines of the north and south West Lucas cul-de-sacs, as shown on the attached map. Seven (7) bids were received, as follow: Bidder Amount of Bid Darlene Hanna, Winnie $20,000 J. D. Koch, Beaumont $17,437.45 Marie Bando, Beaumont $15,550 I Shirley Reese, Beaumont $13,500 Mohammed A. Ali, Beaumont $10,000 I Sale of City-Owned Surplus Property December 13, 1999 Page 2 of 2 Bidder Amount of Bid Rick Hamberlin, Beaumont $10,000 Michael Stuckey, Silsbee $100 One additional bid was received but withdrawn after the opening. BUDGETARY EWPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECONEWENDED BY City Manager, Central Services Director, Public Works Director. RECOMMENDED ACTION Approve/Deny the sale of City-owned surplus property described as part of Lot 8 and the east portion of Lots 9, 10, 11, 12 and 13, Block 1 of the Calder Highlands Addition to Darlene Hanna for the sum of Twenty Thousand Dollars ($20,000.00). as..._ &VN ti • w � • . 1t � bg >< a �� s $ 'ARK DRIVE ° y ' 29TH AAA to UCA.9 i ,� • ro . . a a�ro •� d . �' ' i � "W:y A% WON lb O MIS � = r r n > . 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Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 14, 1999 REQUESTED ACTION: Council approval for the sale of City-owned surplus property RECOMMENDATION Administration recommends sale of City-owned surplus property to Shirley Reese of Beaumont for the sum of Thirteen Thousand One Hundred Dollars ($13,100). BACKGROUND The City solicited bids for the sale of an economic remnant of property from the Lucas Drive Widening Project. The 0.50 acre parcel of land is described as the west portion of Lots 9, 10, 11, 12 and 13, Block 1 of the Calder Highlands Addition, located one hundred fifty feet (150') north of Calder Avenue and west of West Lucas Drive, as shown on the attached map. Four (4) bids were received, as follow: Bidder Amount of Bid Shirley Reese, Beaumont $13,100 Marie Bando, Beaumont $12,250 Koch, Beaumont $8,041.87 Michael Stuckey, Silsbee $75 Sale of City-Owned Surplus Property December 13, 1999 Page 2 of 2 BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMAMNDED BY City Manager, Central Services Director, Public Works Director. RECOMAMNDED ACTION Approve/Deny the sale of City-owned surplus property described as the west portion of of Lots 9, 10, 11, 12 and 13, Block 1 of the Calder Highlands Addition to Shirley Reese for the sum of Thirteen Thousand One Hundred Dollars ($13,100). lot Od• • 019.9 • , s ti OL w , as a � it lk @ s+o t'' I 40 - an !I a PARK DRIVE • y ' 29TH• zt bf i,o.,• i,s.,a ® ,�•�—.,�y�, ,, tee.• . •o � `i • '. i • w w • • w b � w • a • rq {—° uo t�lav WE 1• T LUCAS s so tb • - m M° ' �' : / tin • ,`. ��� r O y • �w Southw r • w w • • Cul-de-Sac o a • oil at k k v a $ v m - 1 t1 • a o ; > 3 al �11 ! ql I! io so .s K y i �° • as tr rN or $ ': . ° . a • Fs -� = R ! Q R • ti • r w .k .uu, o,o.rs ftn Rveo io ; t ,� • * A, C c aQ 4 JA OI.9 • W! N., J • 1' or k e wt ! .� V ��! � w Y w �q � � w w • w � ' r� is rN or �.i w • • • : i '� • •S • . • `` > n. `� u/ sty • • .y . . .. i i a : t c V � Jo 971►/! • �! s! ni • � 'N N .' ; At*IPIa1 7V It! �,i - • �v rN r or It Iwo, • a Ia Kt !lf m/ I, ww ,o fn ,o so ,o - ao � •if - di-vino � d'.�cb � • d0 0 Z POC FND I. ° N00'01*31'E AQD P9 a P 8 212.5 6 PI — — _ 75.09' — 50.00' J LOT 9 LOT 10 I LOT 11 I LOT 12 ( LOT 13 LOT 14 POB I P9 I CID SEr 1. I I BL OICK 1 '� \ TB-N10'11'35'E 7' I I I N • I r I SET 1. ROD 14P C5 io.s' F �1A/C � �, E PPO B o I zj �T8=N10'07.48"E _ - P10 .12.78• ( - WOOD FRA l °D lo- RESIDENC N0 L C2 4j Z 22 �'.�"�rn R00 `S>1'Sy•8 SET ° 57 If' 1. ROD o to N Cd^ / SET ROb I CO L CO I II 16. 16 8' C4 I R. -f&NOT43'31-E k. SET L ROD � City of Beaumont G3 �• Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 14, 1999 REQUESTED ACTION: Council approval for the sale of City-owned surplus property RECOMMENDATION Administration recommends sale of City-owned surplus property to William H. Hale of Beaumont for the sum of Four Thousand One Hundred Twenty-five Dollars ($4,125). BACKGROUND The City solicited bids for the sale of an economic remnant of property from the Major Drive Widening Project. The 0.20 acre parcel of land is described as part of Lot 1 of the Frazier Place Addition, located at the northwest corner of Major Drive and Frazier Drive, as shown on the attached map. Three (3) bids were received, as follow: Bidder Amount of Bid William H. Hale, Beaumont $4,125 J. Warren Fontenot, Beaumont $3,755 Michael Stuckey, Silsbee $25 BUDGETARY IMPACT None Sale of City-Owned Surplus Property December 13, 1999 Page 2 of 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, Public Works Director. RECOMMENDED ACTION Approve/Deny the sale of City-owned surplus property described as part of Lot 1 of the Frazier Place Addition to William H. Hale for the sum of Four Thousand One Hundred Twenty-five Dollars ($4,125). Q i 60 85 .� 8 4.2 1 OD rr ao to I OD OD 6 5 4 qj 3� p 2r o zz 0 FRAZI A . 2J� 8 4 .6 7 O PIP d0 68.56 11. 6 59 2 211560-19 jo 4� 69 ..51 7 /8.56 51.51 29.83 40'88 p `Y? to to O /6 17 /8 �/9 O 20 , 21 15 �-' 00 'f 70 69.40 . Co O /4 N i G4 V~ City of Beaumont ..L sess Council Agenda Item A M g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 14, 1999 REQUESTED ACTION: Council approval for the sale of City-owned surplus property RECOMMENDATION Administration recommends sale of City-owned surplus property to J. Warren Fontenot of Beaumont for the sum of Three Thousand Seven Hundred Fifty-five Dollars ($3,755). BACKGROUND The City solicited bids for the sale of an economic remnant of property from the Major Drive Widening Project. The 0.21 acre parcel of land is described as part of Lot 21 of the Frazier Place Addition, located at the southwest corner of Major Drive and Frazier Drive, as shown on the attached map. Three (3) bids were received, as follow: Bidder Amount of Bid J. Warren Fontenot, Beaumont $3,755 Henry Adams, Beaumont $2,000 Michael Stuckey, Silsbee $25 BUDGETARY IMPACT None. Sale of City-Owned Surplus Property December 13, 1999 Page 2 of 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Central Services Director, Public Works Director. RECOMMENDED ACTION Approve/Deny the sale of City-owned surplus property described as part of Lot 21 of the Frazier Place Addition to J. Warren Fontenot for the sum of Three Thousand Seven Hundred Fifty-five Dollars ($3,755). . o All .. 60 85 84.21 OD OD O o °° R 2 it 7�? AC F/7 AZI � x,15 60.19 25 84.67 � •• 1 80 166956 IU6 .69.4Z 2 Q O j0 4 .51 . 69..51. !6.560 51 296 400 70 o� rn m O 15 11 /s 17 /$ r--j19 20 M 2! M Pf 70 6 9 .4 0 CID h O 14 � O BARBARA LIMING Q* 1L� CITY CLERK CITY CLERK'S OFFICE M City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 21, 1999 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call * Presentations and Recognition - Presentation from Entergy * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda GENERAL BUSINESS < P, j 1. Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation for construction of frontage roads on IH-10 from Walden Road to FM 364 (Major Drive) r� 2. Consider approving an amendment to Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department 3. Consider authorizing a partial historical tax exemption for 232-260 Crockett Street and 373-375 Pearl 4. Consider a resolution authorizing Councilman Audwin Samuel to represent persons charged with a crime by the Beaumont Police Department f 5. Consider an ordinance amending Chapter 20, Article II. Civic Center Complex, of the Code of Ordinances 6. Consider a resolution adopting a write-off policy for delinquent accounts COMMENTS * Councilmembers comment on various matters * City Manager's Report - Crockett Street Project, FY 2000 Federal Transit allocations, EMS initiatives status, Performance Contracting - Energy Management, Salvation Army/Transitional Housing Facility * 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: Police Sick Leave Arbitration Allen Lee et al v. City of Beaumont et al Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. I 1 December 21, 1999 Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation for construction of frontage roads on IH-10 from Walden Road to FM 364 (Major Drive) • ...... City of Beaumont Council Agenda Item TO: Stephen J. Bonczek, City Manager FROM: Tom Warner, Director of Public Works PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 17, 1999 REQUESTED ACTION: Council authorize the City Manager to execute an agreement with the Texas Department of Transportation (TxDOT) for construction of frontage roads on IH-10 from Walden Road to FM 364 (Major Drive). RECOMMENDATION Administration recommends approval of the IH-10 Frontage Roads Project and authorization for the City Manager to execute the agreement with TxDOT. BACKGROUND The Texas Department of Transportation, Jefferson County and the City of Beaumont have agreed in principle to participate in the construction of the frontage roads on IH-10 between Walden Road and Major Drive. The entities would participate on a one-third basis in the cost of constructing the frontage roads. In addition, the County has also indicated they would be responsible for the preliminary engineering, feasibility studies and any other studies required to prepare the plans, specifications and estimates, and construction letting support documents. The Texas Department of Transportation District Engineer, Walter Cooks is requesting that the City and County approve the advance funding agreement to ensure the project proceeds according to schedule. (December 14, 1999 letter attached) BUDGETARY IMPACT The agreement with TxDOT commits the City to $3,800,000 or one-third of the total construction cost of the project, whichever cost is less. If the project should exceed the estimated cost of $11,400,000, then the County and City are also responsible for one-half of that portion that exceeds the $11,400,000. A delegation from Beaumont attended the September meeting of the TxDOT Commission to request additional funding for the project. The City received preliminary notification that the TxDOT Commission did not approve additional funding for the project. However, representatives of the County and City legislative delegation are continuing to discuss and pursue additional funding from TxDOT. PREVIOUS ACTION City Council authorized the Mayor to approve the proposed schematic on September 21, 1999. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/deny the administrative recommendation authorizing the City Manager to execute an agreement with TxDOT for construction of frontage roads on IH-10 between Walden Road and FM 364 (Major Drive). p VC Texas T e 'Department of Transportation g3W EASTEX FREEWAY•BEAUMONT,TX 77708•(409)892.7311 December 14, 1999 ra The Honorable Carl R. Griffith,Jr. Jefferson County Judge 21� Jefferson County Courthouse 1 1149 Pearl St., 5a`Floor Beaumont,TX 77701 Re: Highway: IH 10—From FM 364 to Walden Road CSJ: 0739-02-123 County: Jefferson Dear Judge Griffith: This letter is to express my concern over the slippage in the schedule for this project and offer my recommendation on expediting the work. As you know, we have been planning this project since late 1998 and I am committed to helping make this a reality. However, I am concerned that our original project schedule in all likelihood has been seriously compromised because the City and County no longer have the funding for this project. The effort to obtain TxDOT Commission strategic priority funding, which continues at this late hour,continues to delay this project. I know your consultant has made some progress because we have at least processed the proposed design schematic. I understand FHWA is reviewing the schematic and the unofficial word is that it looks okay and approval is anticipated within a couple of weeks. We have other things we need to be working on, i.e. core drilling, public involvement, and environmental. However,we need an agreement in order to proceed with project development. Since we are all committed to the project, the fastest time-line to getting started is to execute the agreement that has already been prepared and reviewed. It is currently being held by the City of Beaumont, I presume pending the outcome of the renewed effort to obtain Commission funding. We can revise the agreement based on the assumed changes, but it cannot be executed without knowing what the Commission will do about the funding. Therefore, we continue to wait. The present agreement has sufficient wording to allow us to revise it at any time by agreement of the three parties. i recommend we execute the present agreement and move forward. An Equal Opportunity Employer Judge Carl Griffith December 8, 1999 Page Two We have prepared a revised timeline. If we process the current agreement and move forward, it will take at least twelve (12)months to obtain environmental clearance. Our estimated let date on the quickest schedule is Spring of 2001. Further delays will extend the scheduled letting. i think it is incumbent upon us to move forward as quickly as possible, so that the scheduled opening of your Entertainment Complex is not delayed by the frontage road construction. If you agree with this recommendation, please contact the City and get their concurrence to process the agreement. Feel free to call me if you have any questions. Sincerely, ' "Q Walter O. Crook, P. E. District Engineer SR:tp cc: Duane Browning Tom Warner Jefferson County CSJ 0739-02-123 IH 10 from FM 364 to Walden Rd Frontage roads and ramps STATE OF TEXAS COUNTY OF TRAVIS ADVANCE FUNDING AGREEMENT FOR STANDARD HIGHWAY IMPROVEMENT PROJECTS (ON-SYSTEM) THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and Jefferson County, acting by and through its duly authorized officials, hereinafter called the "County", and the City of .Beaumont, Texas, acting by and through its duly authorized officials, hereinafter called the "City". W I T N E S S E T H WHEREAS, Transportation Code section 201 and Transportation Code section 221 authorize the State to lay out, construct, maintain, and operate a system of streets, roads and highways that comprise the State Highway System; and WHEREAS, the State has set up the District Discretionary Program to address miscellaneous projects selected at the district's discretion, with the projects as part of the program to be developed by the department on an as- needed basis; and, WHEREAS, the State, the County and the City desire the reconstruction of the frontage road on the south side of IH 10 from FM 364 to Brooks Road, the addition of a frontage road on the south side of IH 10 from Brooks Road to Sheet 1 of 7 Walden Road, the addition of a frontage road on the north side of IH 10 from FM 364 to Walden Road, the construction of a turn-around lane at Walden Road, and the addition/reconfiguration of exit and entrance ramps from IH 10 at various locations between FM 364 and Walden Road, in Beaumont to be hereinafter identified as the "Project"; and WHEREAS, the County and the City have requested that the State allow the County and the City to participate by funding the costs of the Project as specified in Attachment A to this contract; and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State, the County and the City do agree as follows: 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall end upon completion and the State's acceptance of the Project unless terminated or modified as hereinafter provided. 2 . PROJECT FUNDING The State will authorize the performance of only those Project items of work which the State, the County and the City have requested and have agreed to pay for as described in Payment Provision and Work Responsibilities, Attachment A, which is attached to and made a part of this contract. Sheet 2 of 7 3 . TERMINATION This agreement may be terminated by any of the following conditions: 1) by mutual written agreement and consent of all parties, 2) by one party upon the failure of any other party to fulfill the obligations set forth herein, 3) by the State if it determines that the performance of the Project is not in the best interest of the State, or 4) by the State if the Federal Highway Administration does not approve the addition of the ramps and frontage roads. If the contract is terminated in accordance with any of the above provisions, the County will be responsible for the payment of costs incurred by the State on behalf of the County up to the time of termination. If the contract is terminated in accordance with any of the above provisions, the City will be responsible for the payment of costs incurred by the State on behalf of the City up to the time of termination. 4. ACQUISITION OF RIGHT-OF-WAY The State shall perform all necessary requirements to provide title in name of the State to the desired right-of-way required for the construction of the Project. The State shall provide all right-of-way free and clear of all improvements and/or encroachments. The State will be responsible for any additional right-of-way required for the completion of the Project. Driveway access rights will be determined in accordance with State policy and State and Federal law. 5. RIGHT-OF-WAY DESCRIPTION The State shall prepare right-of-way maps, property descriptions and other data as needed to properly describe the right-of-way which the State is to Sheet 3 of 7 I acquire and provide for the Project. 6. UTILITY ADJUSTMENTS/RELOCATIONS If the right of way encroaches upon existing utilities and the proposed roadway construction requires the adjustment, removal or relocation of such utility facilities, the State will establish the necessity for such work in accordance with the Texas Department of Transportation Utility Accommodation Policy and other applicable State law regulations, policies and procedures. The County shall be responsible for all adjustments, relocations, and removals. Notification shall be made to the appropriate TxDOT Beaumont Office of all utility adjustments, the schedule, and status of work. The County will be responsible for all costs associated with planning and coordinating of utility adjustments and for 100% of all reimbursements made to utility companies for adjustments, relocating and removal costs. The term 'utility' under this agreement, shall include publicly, privately and cooperatively owned utilities. 7. CONDEMNATION Condemnation proceedings will be initiated at a time selected by the State and will be the State's responsibility as hereinafter indicated. The State will concurrently file condemnation proceedings and a notice of lis pendens for each case in the name of the State, and in each case so filed the judgment of the court will decree title to the property condemned to the State. 8. RIGHT OF ACCESS If the County or the City is the owner of any part of the Project site, the County or the City shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Sheet 4 of 7 9. RESPONSIBILITIES OF THE PARTIES The County and the City acknowledge that they are responsible for their own acts and deeds and for those of their agents or employees during the performance of the work on the Project. 10. SOLE AGREEMENT In the event, the terms of the agreement are in conflict with the provisions of any other existing agreements between the parties of this contract, the latest agreement shall take precedence over the other agreements in matters relating to the Project. 11. SUCCESSORS AND ASSIGNS The State, the County and the City each binds itself, its successors, executors, assigns, and administrators to the other parties to this agreement and to the successors, assigns, and administrators of such other parties in respect to all covenants of this agreement. 12. AMENDMENTS By mutual written consent of the parties, this contract may be amended prior to the expiration of the contract. 13. INTEREST The State will not pay interest on funds provided by the County or the City. Funds provided by the County and the City will be deposited into, and retained in, the State Treasury. 14 . INSPECTION AND CONDUCT OF WORK Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished Sheet 5 of 7 in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the 1993 Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, and/or special specifications approved by the State. 15. MAINTENANCE Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 16. SIGNATORY WARRANTY The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the entity they represent. Sheet 6 of 7 IN WITNESS WHEREOF, THE STATE AND THE OUTSIDE ENTITIES have executed triplicate counterparts to effectuate this agreement. THE CITY OF BEAUMONT By: Date Typed or Printed Name and Title: JEFFERSON COUNTY By: Date Typed or Printed Name and Title: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date Lawrence J. Zatopek Director, General Services Division For the purpose of this agreement, the addresses of record for each party shall be: State: City: Mr. Duane Browning, P.E. Mr. Stephen J. Bonczek Area Engineer City Manager Texas Department of Transportation City of Beaumont 8350 Eastex Freeway P.O. Box 3827 Beaumont, Texas 77708 Beaumont, Texas 77704 County: The Honorable Carl Griffith, Jr. County Judge Jefferson County Courthouse 1149 Pearl Beaumont, Texas 77701 40 Sheet 7 of 7 Jefferson County CSJ 0739-02-123 IH 10 from FM 364 to Walden Rd Frontage roads and ramps ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITITES 1. DESCRIPTION OF THE COST OF THE ITEMS OF WORK The County will be responsible for all costs for preliminary engineering, feasibility studies and all other necessary studies required to prepare the Plans, Specifications and Estimates (P.S.&E.) and construction letting supporting documents. The County will be responsible for the cost of any environmental mitigation. The County will be responsible for all costs for the preparation of the P.S.&E. The P.S.&E. shall be prepared in accordance with the State's policies and procedures. The P.S.&E. shall be prepared in a manner that is suitable for letting by the State. The County shall schedule and coordinate periodic reviews for the State. The State shall provide timely reviews to satisfactorily and expeditiously develop the P.S.&E. The State shall be responsible for the costs of obtaining the environmental clearance, for performing any geotechnical work and for the review of design documentation, for review and approval of utility adjustments being handled by the County, the project lettings, and the construction contract oversight, inspection and execution. The County shall be responsible for actual eligible costs associated with the adjustment, removal or relocation of utility facilities. The cost of the construction will be the shared responsibility of the State, the County and the City. The State shall be responsible for all costs associated with the acquisition of right-of-way or condemnations. The total cost of the construction for the Project is estimated at $11,400, 000.00. The State's share of the funding required for the construction Sheet 1 of 3 of the Project will be an amount not to exceed $3 ,800,000.00 or one third (33 1/3%) of the total construction cost of the Project, whichever cost is less. It is agreed that the County and the City will each be responsible for one third (33 1/3%) of the actual cost of construction up to a total construction cost of $11,400,000.00. The County and the City will each be responsible for one half (50%) of that portion the costs which exceeds $11,400, 000.00. In the event the Texas Transportation Commission agrees to provide additional partial funding for this project out of Category 12, Strategic Priority funds, the balance of the project construction costs will be shared equally or one third (33%) by each party to this agreement. 2 . CONSTRUCTION RESPONSIBILITIES A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Preparation of any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be the responsibility of the State. B. The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. 3. SCHEDULE OF PAYMENTS Sixty (60) days prior to the date set for receipt of the construction bids, the State will notify the County and the City that their financial shares for the construction are required. The County and the City shall each remit a check or warrant in the amount established by the State within thirty (30) days from receipt of the State's written notification to the address provided herein. Sheet 2 of 3 4. ACTUAL COST AGREEMENT A. In the event the State determines that additional funding is required by the County under the terms of this agreement at any time during the development of the Project, the State will notify the County in writing of the additional amount, the reason such amount is needed and how the additional amount was determined. The County will make payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the cost and any funds due the County will be promptly returned. B. In the event the State determines that additional funding is required by the City under the terms of this agreement at any time during the development of the Project, the State will notify the City in writing of the additional amount, the reason such amount is needed and how the additional amount was determined. The City will make payment to the State within thirty (30) days from receipt of the State's notification. Upon completion of the Project, the State will perform an audit of the cost and any funds due the City will be promptly returned. Sheet 3 of 3 I 2 December 21, 1999 Consider approving an amendment to Section 21-75 of the Code of Ordinances relating to authorized positions in the Police Department • il 7LJIJ City of Beaumont Council Agenda Item A EL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 13, 1999 REQUESTED ACTION: Consider an Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I, Grade H and Deputy Chiefs position. RECOMMENDATION Council consideration of an amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I Positions from 179 to 181, Gracie H positions from 64 to 63, and the Deputy Chief s position from 3 to 2. BACKGROUND Within the current collective bargaining agreement with the Beaumont Police Officers Association and the City of Beaumont, the position of Police Specialist is now in place. As of November 30, 1999, a Grade II Detective Sargeant retired creating one vacancy in that rank. The intent of the police specialist position is to replace through attrition Grade H positions and make criminal investigators from Grade I officers, who meet the requirements of the police specialist. During the 2000 budget preparation, the Deputy Chief s position was to be rebudgeted as a Grade I position. As of this time, Chapter 21, Section 21-75 does not reflect this budgeted change. BUDGETARY IMPACT The current annual pay for a Grade H Sergeant is$48,876 and for a Deputy Chief is $63,475 making a total of$112,351. The annual pay for two Grade I Patrolmen is $63,264. A difference of$49,087. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Amendment to Municipal Ordinance 99-45, Section 21-75 changing Grade I, Grade II and Deputy Chief's positions. s Beaumont Police Department Q Tom Scofield, Chief Office: (409) 880-3801 • Fax: (409) 880-3844 lo P.O. Box 3827 Beaumont, Texas 77704-3827 M,MW IIL www.ih2000.net/bpd/ December 8, 1999 Mr. Stephen Bonczek City Manager P. O. Box 3827 Beaumont, Texas 77704 Dear Mr. Bonczek, As you are aware, within the current collective bargaining agreement with the Beaumont Police Officers Association and the City of Beaumont, the position of Police Specialist is now in place. We are in the process of testing for additional positions of police specialists. As of November 30, 1999, John Dean, a Grade II retired creating one vacancy in that rank. The intent of the police specialist position is to replace through attrition Grade II positions and make criminal investigators from Grade I officers, who meet the requirements of the police specialist. I am therefore requesting that the City Ordinance Section 21-75 be amended reducing the number of positions in the Grade II category by one from 64 to 63 authorized positions and increasing the Grade I authorized personnel by one authorized position from 179 to 180. During the 2000 budget preparation I requested that the Deputy Chiefs position which was vacated with the retirement of Jack McCanne be rebudgeted as a Grade I position. As of this time Chapter 21, Section 21-75 of the code of ordinances does not reflect this budgeted change. I am therefore asking that this position be included in the changes above which would eliminate one Deputy Chief position leaving a total of two and increase the Grade I positions as established by ordinance to 181. These requests are in keeping with the reorganization within the Police Department that began with the October 1997 collective bargaining agreement and will accurately reflect the current organization of the Police Department. Below is a summary of the changes in proposed personnel allotments: Current: Proposed: Grade 1 179 181 Grade II 64 63 Grade 111 13 13 Grade IV 5 5 Deputy Chief 3 2 Total 264 204 1 will be glad to provide any additional information necessary. Sincerely, Tom Scofield Chief of Police ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE 99-45 TO AMEND THE GRADE I AND GRADE II POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1l WHEREAS, City Council approved Ordinance No. 99-45 June 29, 1999 amending Section 21-75 of the Code of Ordinances of the City of Beaumont; and, WHEREAS, Section 21-75 is amended to read as follows: Section 21-75. Police Department The following grades and classifications are hereby established within the Police Department. Grade Classification Amended Positions I Officers 181 II Sergeants 63 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. s �.tion 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of ' 1999. - Mayor - 3 December 21, 1999 Consider authorizing a partial historical tax exemption for 232-260 Crockett Street and 373-375 Pearl City of Beaumont VIATAIPAW 1=3 Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 15, 1999 REQUESTED ACTION: Council consider a resolution authorizing a partial historical tax exemption for 232-260 Crockett Street and 373-375 Pearl. RECOMMENDATION The administration recommends approval of the resolution authorizing a partial historical tax exemption. BACKGROUND Crockett Street Development, Ltd. has requested a partial historical tax exemption for 232-260 Crockett Street and 373-375 Pearl Street. These properties are included in the National Register Beaumont Commercial Historic District and have been identified in the 1977 SPARE survey as contributing structures to the Downtown District. Crockett Street Development, Ltd. has agreed to pay the City of Beaumont taxes based on an assessed value on the buildings of$1,800,000. Any taxes due to the City of Beaumont above the $1,800,000 assessed value will be abated. The historical tax exemption is for a ten-year period. In the event the buildings are assessed at less than$1,800,000, Crockett Street Development, Lt . will guarantee the City of Beaumont a payment for taxes in the amount of$50,000. The Crockett Street Development, Ltd. is renovating these five buildings for use as an "entertainment center" consisting of various entertainment venues. The properties are currently appraised at $184,760. The buildings will be rehabilitated in accordance with the Secretary of the Interior's Standards for Rehabilitation. More than $5.7 million will be spent to renovate the buildings. The City of Beaumont is planning to borrow between 51,000,000-$1,200,000 from local banks to finance public works improvements in the downtown area, of which$650,000 will complement the Crockett Street Project. A tax payment based on an assessed value of$1,800,000 or a payment of $50,000 from the Crockett Street Development along with current funds will provide for the repayment of the loan. BUDGETARYIMPACT For a period of ten (10) years, Crockett Street Development, Ltd. will guarantee the City of Beaumont taxes in the amount of$50,000. For that same time period, any taxes due to the City of Beaumont above the $1,800,000 assessed value will be abated. PREVIOUS ACTION The Historic Landmark Commission recommended approval of this request for a partial historical tax exemption at their meeting of December 13, 1999. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Executive Assistant to City Manager/Economic Development Director, Planning Manager and Historic Landmark Commission. RECOMMENDED MOTION Approve/Deny the resolution authorizing a partial historical tax exemption for 232-260 Crockett Street and 373-375 Pearl Street. Crockett Street Urban Entertainment District 490 Park Street#200 Beaumont,TX 77701 (409) 838-8610 Fax (409) 838-8611 APPLICATION FOR HISTORIC TAX EXEMPTION Submitted By: CROCKETT STREET DEVELOPMENT, LTD. September 20, 1999 APPLICATION FOR HISTORIC TAX EXEMPTION dc A. LEGAL DESCRIPTION: Tract I: - Being a 0.645 acre tract of land out of and a part of Lot 98,99,100 and 101 of Block 16 of the Original Townsite of Beaumont as recorded in Volume 448,Page 249 of the Deed Records of Jefferson County,Texas. Said 0.645 acre tract being situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas. Tract H: Being a 1.727 acre tract of land out of and a part of Lots 85 through 96 of Block 15 of the Original Townsite of Beaumont as recorded in Volume 448, Page 249 of the Deed Records of Jefferson County, Texas. Said 1.727 acre tract being situated in the Noah Tevis Survey, Abstract No. 52, Jefferson County, Texas. APPLICATION FOR HISTORIC TAX EXEI PTION.doc B. PROOF OF TITLE Please see attached copies of the Title Policies. APPLICATION FOR fUST RICTAXEXEN(PTION.d- 0 SCHEDULE A OL N0. 4300fi9-0 FILE NO. 981126 OL �, DATE: July 07, 1998 8:00 O'CLOCK am MOUNT: $86,000.00 REMIUM: $899.00. NAME OF INSURED: TOM F.LANAGAN, TRUSTEE WE INSURE YOUR INTEREST IN THE LAND COVERED BY THIS POLICY IS: Feo Simple LEGAL OESCRiPT10N OF LAND: Lot Number Ninety—nine (99) in Block Number Sixteen (16) of the original. Towncite of Beaumont. to the City of. Beaumont, Jefferson County, Texas, according to the map or plat of said. addition of record in Voiume 448, page 249 of the Deed Records of Jefferson county. Texa6. O � _ JEFFERSON COUNTY TITLE COMPANY r iF 0 S C tl E D U L E B E X C E P 1' 10 N S COSTS. ATTORNEY'S FEES AND EXPENSES RESULTING FROM: Jf: DO NOT COVER LOSS. COoT�. AT'TORNE 7.. THE FOLLOWING RESTRICTIVE COVENANTS OF RECORD ITEMIZED BELOW (WE MUST EITHER INSERT SPECIFIC RECORDING DATA OR DELETE THIS EXCEPTION): 1"!1IS EXCEPTION IS HEREBY DELETED 2. ANY DISCREPANCIES, . CONFLICTS. OR SHORTAGES IN AREA OR BOUNDARY LINER. OR ANY ENCROACHMENTS OR PROTRUSIONS, OR ANY OVERLAPPING OF IMPROVEMENTS. S. HOMESTEAD UR COMMUNLTY PROPERTY OR SURVIVORSHIP RIGHTS. IF ANY. OF ANN' SPOUSE OF ANY INSURED.. 4. ANY TITLES OR RIGHTS ASSERTED BY -ANYONE. INCLUDING, BUT NOT LIMITED 1-0. PERSONS, THE PUBLIC, CORPORATIONS, GOVERNMENTS OR OTHER ENTITIES. (a) TO TIDELANDS, OR LANDS COMPRISING THE SHORES OR BEDS OF NAVIGABLE OR PERENNIAL RIVERS AND STREAMS, LAKES. BAYS, GULFS OR OCEANS. OR (b) TO LANDS BEYOND THE LINE OF THE HARBOq BULKHEAD LINES AS ESTA8LISHED OR CHANGEO BY ANY GOVERNMENT, OR (c) 10 FILLED 1N LANDS. OR AR1"I C SLANDS, Oil (d) TO STATUTORY WATER RIGHTS, INCLUDING RIPARIAN RIGHTS. OR OF (e) TO THE AREA EXTENDING FROM F LINE OF MEAN . VEGETATION.OR THE RIGHTS 0 ACROSS THAT AREA. 5. STANDBY FEES. TAXES AND ASSESSMENTS. BY ANY TAXING AUTHORITY FOR THE YEAR 1998 AND SUBSEQUENT YEAR, AND SUBSEQUENT, TAXES AND ASSESSMENTS BY ANY. TAXING AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IN LAND USAGE OR. OWNERSHIP. ti.. THE FOLLOWING MATTERS AND ALL TERMS OF THE DOCUMENT CREATING OR OFFERING EVIDENCE OF THE MATTERS (WE MUST INSERT MATTERS OR DELETE THIS EXCEPTION. ): Vendor's lien retained in deed dated June 30, 1998, executad by R. T. Fertitta. Jr. to Toni Flanagan. trustee, securing the payment of a noto of even data therewith in the principal amount of $45,000.00, paymble to R. T. Fertitta. Jr. ; said note additionally secured by deed of trust Of even date therewith trusteei office. trust, recorded July . 1, ;1E. . ERSUN COUNTY TITLE, COMPANY f-' � PAGE V,_-I.-1 .;F .VO. , 981126 )WNER'S POLICY NO. 430069-0 under file number- 98-98 24936. ,tights of parties in possession. d. Subject to any and all existing oil, gas and/or mineral leases or pooling agreements affecting -insured Tract, and the rights of all parties Thereto. C. There is expressly . excluded from coverage hereunder, and this Company does not insure, title to o.il, gas and other minerals of every kind and character., in, onend under the property heeein described. D. Subject. to any and all outstanding royalty interest owndd by other' parties and all rights relatir-rg to any such royalty interest. E. Easements or Claims of Easements which are not recorded in the pubi.il�: records of Jefferson County, Texas, F. Any portion of subject property lying within the boundaries of a public or private roadway whether dedicated or not. G. Certain document's appearing of public. record may contain language r•e.tricting land ownership or use because of race, color, creed. national origin, religion, disabilities, handicap, sex, or familial s;tcrtus (hereinafter "personal Restri^cti ") Federal- Law prohibila enforcement of such personal res �9,, nd even limits the ability _ of the title company to re o \U%sh�� them. l o the ex tent sa�rch dot-sonal restrictions are cor r in any , document . listed ' as an exception to title in this insur ng form, cuch personal restrictions or- covenants are omitted form the exception. If the Company or its title insurance agent or employees pr-o:,ida copies of documents containing such personal restrictions cr covenants, we are simply providing a true copy of the recorded document and do not publish, state, or imply such personal restrictions or covenant's are enforceable. H. Certificate of Historical structures dated March 3, 1992, executed by the City of Beaumont as recorded under County Clerk's Film Code No. 104- 12-1571 of the Real Property Records of Jefferson' County; Texas. .JEFFERSON COUNTY TITLE COMPANY • PAGE 2 J., RBil26 ,.cR'S POLICY NO. 430069-0 40 G(D? .OUNTERSIGNED: IEFFEkSON COUNTY TITLE COMPANY 1UTHORIZED SIGNATURE SCHEDULE A 03. 981431 OWNER POLICY NO. 462811 O DATE OF POLICY: February 09, 1999 " 8 :00 O'CLOCK $400,000.00 PREMIUM: $2, 876.00 1. NAME OF INSURED: Tom Flanagan, Trustee 2. THE ESTATE OR INTEREST IN THE LAND THAT IS COVERED BY THIS POLICY IS: Fee Simple 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS INSURED AS VESTED IN: Tom Flanagan, Trustee 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: TRACT ONE: Being those certain parcels out of Block Fifteen (15) of the Original Townsite of Beaumont, Jefferson County, Texas, as said parcels are more particularly described by metes and bounds as shown on Exhibit "A" attached hereto: WFERSON COUNTY TITLE COMPANY FIRST AMERICAN TITLE INSURANCE COMPANY Thrt One, Par .l Lot Number Ninety-four (94), Block Fifteen Fifty-one (51), of the Original Townsite of Beaumont, Jefferson County, Texas, as set forth in Vol. 448 page 249, Deed Records, Jefferson County, Texas, SAVE AND EXCEPT therefrom that portion of said Lot N inety- four (94) included in the Deed to the City of Beaumont as recorded under Film Code No. 100-72-0787 in the Official Public Records of Real Property of Jefferson County, Texas. Tract One, Parcel B(l�: Being a portion of Lot Number Eighty-six (86), in Block Number Fifteen (15) of the Original Townsite of Beaumont, Jefferson County, Texas, as same appears on the map or plat of said Townsite on file in the office of the County Clerk of Jefferson County, Texas; being the same tract of land conveyed to Malcolm Duke by Kirby Lumber Corporation by deed dated May 29, 1946, and of record in Volume 623, page 192, Deed Records, Jefferson County, Texas; and being described by metes and bounds as follows, to-wit: BEGINNING at the Southwesterly corner of said Lot Number 86 on the Northwesterly line of Bowie Street; THENCE in a Northeasterly direction along the Southeasterly line of said Lot Number 86 and the Northwesterly line of said Bowie Street, 38 'fi feet, more or less, to the Southwesterly corner of a tract of land 47 square feet in area, more or less, conveyed by the Kirby Lumber Company to the T & NO Railroad Company by deed dated October 2, 1929, of record in Volume 331, page 491, Deed Records, Jefferson County, Texas, said point being a 'A feet perpendicular distance and at right angles to the center line of a spur track of said T & NO Railroad Company; THENCE, in a Westerly direction along the Southerly line of said 47 square feet tract of land, 8.5 feet perpendicular distance from and parallel to the center line of said spur tract to the point in the Southerly line of said T & NO Railway main line right of way; THENCE, in a Westerly direction along the Southerly line of said T & NO Railway main line right of way to point of intersection of said right of way line and Southwesterly line . of said Number 86; THENCE, in a Southeasterly direction along the Southwesterly line of said Lot Number 86 (being the common line between said Lot Number 86 and Lot Number 87, in said Block Number 15), 21 'fi feet, more or less, to the PLACE OF BEGINNING. dccd\austin.flanagan\ccc Page 2 r Q1, . Tract Parcel B(2):_ A tract of laid situation to Jefferson County, T exas being a part of Lot Number Eighty- seven (87), in Block Number Fifteen (15) of the Original Townsite of Beaumont, Jefferson County, Texas, as same appears on the map or plat of said Townsite on file in the office of the County Clerk of Jefferson County, Texas, said lot being conveyed to the T and N. 0. Railroad Company by George W. O'Brien by deed dated January 18, 1867, and duly recorded in Book Q of the Deed Records, Jefferson County, Texas; and being more fully described by metes and bounds as follows: BEGINNING on the North line of Bowie Street at the intersection of the Southwesterly corner of said Lot Number 87, and the Southeasterly corner of Lot Number 88, in said Block Number 15; THENCE in a Northwesterly direction parallel to the East line of Pearl Street, and along the common line between said Lots No. 87 and 88, a distance of 47 feet, more or less, said Lots No. 87 and 99, a distance of 47 feet, more or less, to point on the south line of said Railroad Company's R. 0. W.; THENCE in a Easterly direction along the said South line of said Railroad Company's R. 0. W., to point on the Easterly line of said Lot No. 87; THENCE in a Southeasterly direction parallel with the West line of Main Street, and along the common line between said Lots No. 87 and 87, in said Block No. 15. 21 feet, more or less, to point on the North line of Bowie Street; THENCE in a Westerly direction along the North line of Bowie Street, 60 feet, more or less, to the place of heginning. Tract One Parcel B(3)* Lot Number Ninety-two (92) in Block Number Fifteen (15), of the Original Townsite of Beaumont, Jefferson County, Texas, as same appears on the map or plat of said Townsite on file in the office of the County Clerk of Jefferson County, Texas, LESS AND SAVE AND EXCEPT, that portion of said Lot 92 conveyed by C. P. Bratnober, et al to the T & NO Railroad Company by deed dated September 16, 1905 and of record in Volume 85, page 481, of the Deed Records of Jefferson County, Texas. SAVE AND EXCEPT therefrom that portion conveyed to the City of Beaumont as set forth under Film Code No. 100-72-0787 Official Public Records of Real Property of Jefferson County, Texas. decd\austinJ1anagan\ccc Page 3 > Tract OnP�Parcel B(41: Lot Number Ninety-three-(93) in Block Number Fifteen (15), of the Original Townsite of Beaumont, Jefferson County, Texas, as the same appears on the map or plat of said Townsite on file in the Office of the County Clerk of Jefferson County, Texas. SAVE AND EXCEPT therefrom that portion conveyed to the City of Beaumont as set forth under Filni Code No. 100-72-0787 in the Official Public Records of Jefferson County, Texas. '('rapt One PaTCeI B BEING all of Lot Number Ninety-six (96) in Block Number Fifteen (15) of the Original Townsite of Beaumont, Jefferson County, Texas, as same appears on [he map or plat of said Townsite on file in the office of the County Clerk of Jefferson County, Texas, SAVE AND EXCEPT therefrom such portion of said Lot as was conveyed by W. Gandy, et al to T and N O Railroad Company by dated January 24, 1876, and now of record in Volume Q, Page 606 of the Deed Records, of Jefferson County, Texas; and being all of the real property owned by said Grantors in said Block Number 15; Together with all reversionary rights or other rights Grantor in and to the bed of the abandoned Southern Pacific Transportation Company Railroad right of way adjoining each tract of the property hereinabove conveyed. Tract Ong, Parce All that certain tract or parcel, of land out of Lots 85, 86 87, 88, 89, 90, 91, 92, 95 and 96 of Block 15 of the Original Townsite of Beaumont, Jefferson County, Texas, said tract or parcel being out of the Noah Tevis Survey, Abstract 52, more particularly described as follows, to-wit: BEGINNING at the intersection of the center line of Grantor's former original main tract the with the east line of Block 15 of the Original Townsite of Beaumont, Texas, said beginning corner also being in the west right of way line of Main Street and located South 49 deg. 27 min. West, a distance of 30.555 feet and South 40 deg. 33 min East, a distance of 251.41 feet from a City of Beaumont concrete monument which marks the intersection of the center line of Main Street and the center line of Crockett Street; and for descriptive purposes only within these field notes, Main Street is designated as running North and South and Crockett Street as running East and West; THENCE South 40 deg. 33 min. East along the east line of Block 15 and the west line of Main Street a distance of 79.15 feet to a mark in the concrete for corner at the intersection of the east line of Main Street and north line of Bowie Street; dccd%austin.flanagan\:cc Page 4 THENCE South 49 deg. 27 min. West along the North line of Bowie Street a distance of 81.50 feet to an iron rod for corner at the southwest corner of 47 square foot tract of land conveyed by Kirby Lumber Co. to the Texas and New Orleans Railroad Company, predecessor in title to Grantor herein, as recorded in Volume 331, page 491, Deed Records of Jefferson County, Texas; THENCE North 79 deg. 38 min. West along the southwest line of the said 47 square foot tract a distance of 10.30 feet to an iron rod corner at the northwest corner of the said 47 square foot tract, said iron rod being located 100 feet at right angles to and from the center line of Grantor's original main line tract; THENCE South 72 deg. 35 min. West 100 feet southerly from and parallel with the center line of said original main track a distance of 230.55 feet to a mark in the concrete for corner in the east line of Pearl Street and the west line of Block 15; THENCE North 72 deg. 35 min. East 25 feet northerly from and parallel with ile center line of the said original main line track a distance of 130.49 feet to a spike in the concrete for corner in the east line of Lot 91 and the west line of Lot 92; THENCE 40 deg. 33 min. West along the common line of Lots 91 and 92 a distance of 27.19 feet to a mark in the concrete for corner, said common corner being located 50 feet northerly at right angles from the center line of said original main line track; THENCE 72 deg. 35 min. East 50 feet northerly from and parallel with the center line of said original main line track a distance of 64.58 feet pass the west wall of an old brick building and all a total distance of 65.25 feet to the east line of Lot 92 and the %vest line of Lot 93 for corner; THENCE South 40 deg. 33 min. East along the common line of Lot 92 and 93 a distance of 4.79 feet to an iron pin for corner at the southeast corner of Lot 92 and the southwest corner of Lot 93 in the north line of Lot 96; THENCE North 49 deg. 27 min. East along the south line of Lot 93 and the North line of Lot 96 a distance of 11.21 feet to an iron rod for corner, said iron rod be�r�g 50 feet northerly at right angles from the center line of said original main line track; THENCE North 72 deg. 35 min. East 50 feet northerly from and parallel to the center line of the said original main line track a distance of 118.31 feet to an iron rod for corner in the east line of Block 15 and the west line of Main Street; THENCE South 40 deg. 33 min. East along the east line of Block 15 and the west line of Main Street a distance of 54.37 feet to the PLACE OF BEGINNING, containing an area of 1.02548 acres of land, more or less; Page deed\austin.flana9ln\ccc and being 1.5335 acres, more or les s, g and being all of Block 15, Original Townsite of Beaumont, Jefferson County, Texas, owned by James D. Austin, and being all of said block SAVE AND EXCEPT: (a) part of Lots 88 and 89, Block 15, described in Deed recorded in Volume 253, Page 264, Deed Records of Jefferson County, Texas; and (b) the northerly portion of Lots 90 and 91, described in Deeds to George Wilson, Inc. recorded in Volume 1666, Page 19, Deed Records of Jefferson County, Texas, and to George Wise recorded under County Clerk's File No. 993709 in the Office of the County Clerk of Jefferson County, Texas; and (c) any portions thereof conveyed to the City of Beaumont for street purposes; 0 r� SCHEO ' `j A " POLICY NO. TR d-.3b821 FILE- NO. 981121 P Y UATE: .3uiy 21, 19:8 8:00 O'CLOCK All AMOUNT: $04,500.00 PREMIUM: X896-00 1. NAME PF INSUljE.D: l"OM F LANAGAN WL INSURE YOUR INTER1-ST IN fHc LAND COVERED 13Y TH'.1S POLICY IS: Fee Simple 3. LEGAL DESC:R"0�1-101N OF LAND: Lot rjwnt�er Ninn: oy-eight (98), block. Number SixteWl (lb) OLD TOWN, City oT 6ea�.;riunC, J?I—ft-wson County, fCxas, according to the msp or plat, of ai'J addlt.io+l of rec�ir•o in Volume 448, Pdy= 24y of the Ooecl liecords in the 01 fic�: ufi L'Iie Caunr_y C ler1: of baid County ar,d State. O� oQ - O JEFFERSON COUNTY TITLE COMPANY :/. ,'..1"r' - v,�• stir. 61 jU. :i C II E O U L E B E X C E P 1 I O N S WE DO NO'T COVE WE COSTS. All'ORNEY'S FLES AND EXPENSES RESULTING FROM: 1, THE `OLLuw1NG RcSI'(ttCl•T`JE COVENf!� aTS OF RECORD ITEMIZED BELOW (WE MUST EITHER IWSERT SPECIFIC RECOROING DATA OR DELETE TFIIS EXCEPTION): . THIS EXCEPTION Is tIFIREBY t)ELE IEO 2. ANY OIGF,RLPANCIES, CONFLICTS, OR SHORTAGES IN AREA OR BOUNDARY LINES, OR ANY ENCROACHMINTS OR PROTRUSIONS, OR- ANY OVERLAPPING OF IMPROVEMtiNTS. S . flUhtESiEAU OK COM.IUN TY PROPERI'*Y OR SURVIVORSHIP RIGHTS, IF ANY, OF ANY SI�OU:'C if iitiY 1NSURLD. 4. ANY TIfLLS OR RIGHTS ASSERTi:D BY ANYONE, INCLUDING, BUT NOT LimITED TO. PERSONS. 1-lit: PUBLIC. CORPORATIONS, GOVE=RNMENTS OR OTHER ENTITIES. (a) •(G 'f lUELAN0S, OR LANDS COMPRISING THE SHORES OR BEDS OF NAVIGABLE Oa PERENNIAL RIVERS AND STREA145. LAKES, BAYS, GULFS OR OCEANS, OR (h) TO LANDS BEYOND THE LINE OF THE HAREI t BULKHEAD LINES AS cSl•ABLISHEG UJt CItiANGED BY ANY GOVERNMENT. (c) OR OR A$? 0�SQ L.A N OS, OR TO FILLED-IN L ,`U° STATUTORY WATER RIGIAf`�, INCLUDING RIPARIAN RIGHTS, OR (d) (�) '(u THE AREA EX rENAlNC, Ffi07 THE' LINE OF MEAN LOW TIDE TO THE LINE OF VEGE:TATION,UR THE RIGHTS OF ACCESS 1'0 THAT AREA OR EASEMENT ALONG AND ACROSS THAT AREA. 5. STANDBY FEc5, TAXES AND ASSESSMENTS, BY ANY TAXING AUTHORITY FOR THE AND SUBSEQUENT. TAXES AND ASSESSMENTS BY YEAR 1598 AND SUBSEQUENT (.EAR, ANY TAXING AUTHORITY FOR PRIOR YEARS DUE TO CHANGE IiV LAND USAGE OR OWNERSHIP. 6. THCrC►LLOWING MATTERS, AND ALL WER,�4USTQINSERT p!ATTERSNOR CREATING OR , OFFERING EVIDENCE OF THE MATTERS ( , EXCEPTION. ): A. Rights of parties in possession. B, Subject to any and all existing- oil, gas and/or minarai leases or pooling agreements affecting insured Tract, 'and the rights of all parties Thereto. C. There iG expressly excluded from coverage hereunder, and this Company :RSON COUNTY TITLE'COMPANY ;* No. a$112i `` ]wNEW S POLICY N0. TR E;86821 as and other minero.lc of ravery kind and does not in7uro, titl© to oil, g' does tar, in. onand under tl•►a property herein described. SUb ject : to any all. oul:bttanding roy,�ary irrter•est awned by other ' 1 rights relating to any such royalty interest. par ties 'are al r.t g E. Easen:ent� or Claims of Erraements which are not recorded in the public records of Jefferson Counr.y, Texas. lying within the boundaries of a public F . Any portion o{' sr.rb jest property y 9 or private roadway whiLhor dedicated or not. eari.n of public record (nay contain language G. Certain documents app g restricting land ownership or u_.e bu1Jdustrand ica 'aceseX, or faTiii:al r: ligion, disabilities. n;,r,ional origin, Federal Law prohibits status (ho reirzafter �+PQer��ii l rRetr-ictions and even limits the ability en c�rcem���t of such' to rep or show thorn. To the ext nt such :t is company F pet•; a1 are co restrictions nt ained in any document on listed as an exception to title in this insuring forms such personal restrictions or covenanta rare omitted form the e'ovid2oncoF11e=�tul1` documentsrcontaining in dgent or' �.mployees p providing u true such p r :on.al r-e_`.r•ictions or covenants. we are vimply p ` ti copy of the recorded document and do not. publish. St.at'a, or imply SLICh Personal restrictions or covenants are ell _abi-3. ace March 3. 1992, executed by H. CErtificate ota,mO�tLaslra1cor•dor r + raCounty Clerk's Film Code No, 1011-- the City of Bea .�t ti-le Re�ji Proparty Records of Jefferson County, 'texas. COUNTERSIGNED: JEFFERSON COUN'ry TITLE COMPANY AUTHORIZED SIGNATURE C. OWNER AFFIDAVIT The Crockett Street Entertainment Center is a historically significant site, which has bden recorded as historic structures in the real property records of Jefferson County. They are contributing buildings in Beaumont's downtown historic district and have been listed as eligible for the National register of Historic Places. Each building will be rehabilitated in accordance with the Secretary of the Interior's Standards for Rehabilitation. Crockett Street Entertainment Center is in need of tax relief to encourage its preservation. It meets all requirements of Section 25-58, Historic structure preservation tax exemption for residential and commercial buildings. It complies with applicable zoning laws. The preservation will involve the renovation of all five buildings. Asbestos abatement will be performed in three of the buildings, all roofs and skylights will be replaced, new electrical, plumbing and gas lines will be installed, extensive structural, plaster and masonry repairs will be carried out, all significant architectural woodwork and trim will be preserved, three (3) new elevators will be installed, exterior balconies for additional dining will be installed where feasible, the original storefront designs and exterior canopies will be re-created, the back alley will be renovated to accommodate customers, and extensive exterior lighting will be installed for high visibility and security. Historic Significance In another time and era, downtown Beaumont was the center of commerce and entertainment for all of Southeast Texas. The streets were alive and bustling with businessmen, lawyers, soldiers, bankers and a variety of consumers. Centered in the heart of all ±his activity was the Dixie Hotel, Mirror Shoe Shine, Payless Beauty Supply, The Tip Top Cafe and the George Wilson Clothing Store which were constructed in the late 1800's and early 1900's. Today, all that is left, are haunting memories of an older generation and the cooing sounds of pigeons roosting on dusty decaying roof timbers. Lost, but not forgotten, are the fragrant aromas wafting from the Tip Top Cafd; the soldiers lingering at the front door of the Mirror Shoe Shine; or the silent silhouette quietly entering one of the most famous bordellos in Southeast Texas. Historical significance will define itself through the memories of generations to come,but none as significant or as provocative as the buildings on Crockett and Pearl Street. Need for Tax Relief The redevelopment of the five buildings is an extremely complex and challenging redevelopment effort. To insure its preservation, it is in need of property tax relief. The age, size, and existing deterioration of each APPLICATION FOR HISTORIC TAX EMIPTION_d- C. OWNER AFFIDAVIT (Continued..........) building will make the renovations very costly. The management and operations of the center are also complex. After it is completed, it will have to be managed on a very rigorous budget to meet debt obligations, maintain affordability to varying entertainment venues and provide the quality of services that are needed, both for the Tenants and the general public. Without the proposed tax relief, the preservation, renovation and long term operation of the center would not be financially feasible. However, without jeopardizing the TIF requirements, we are therefore proposing only a partial tax exemption. The effect of this partial tax exemption combined with the additional tax revenue to be recognized from each Tenant's FF&E will produce an estimated increase of$56,000 in tax revenue. Please refer to the attached Exhibit "A" for the details regarding this computation and then at Exhibit "B" which reflects the negative projected cash flow if the property were to be fully assessed at $4,000,000 without any tax exemptions. Submitted By: CROCKETT STREET DEVELOPMENT,LTD. Mary E. Hoover, CPM® Project Manager APPLCA71ON FOR HISTORIC TAX EXEWTION.dx PARTIAL TAX EXEMPTION REQUEST-CROCKET STREET $ 35,000.00 Taxes to be paid on an estimated assessed value of$1,249,788 for Buildings and Lot $ 34,109.00 Taxes to be paid on$1,218,000 of estimated assessed value of Tenant's FF&E. $ (12,554.00) Less:Current Tax Base as of 1999 $ 58,555.00 Total Increase in Tax Revenue Assumes 70%occupancy or 40,800 Square Feet improved at$30.001SF for Tenant's Furniture,Fixtures and Equipment $1,218,000 assessed value x$2.80041 EXHIBIT "A" CROCKETT STREET RE-DEVELOPMENT PROJECT Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Building Rates-58,000 sq.ft. $ 9.00 $ 9.00 f 9.00 i 10.00 f 190% f 190% f 1900% i 190% i 1 90% 1 0% Occupancy 70% 75% 85% 90% REVENUES: Parking Income f 365,400 85,000 $ 385 000 $ 85,000 $ 125,000 $ 125.000 $ 125,000 S 125,000 $ 125,000 $ 125.000 f 125 000 9 TOTAL REVENUES: f 450,400 $ 476,500 S 528,700 $ 647,000 $ 647,000 $ 647,00 $ 647,000 $ 647,000 $ 647,000 $ 647,000 EXPENSES: Maintenance $ 40,000 $ 40,000 S 40,000 $ 40,000 $ 40,000 $ 40,000 $ 40,000 $ 40,000 $ 40,00 $ 40,000 UUikles i 15,000 $ 15,00 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,00 $ 15,000 $ 15,000 Insurance $ 20,000 $ 20,000 $ 20,00 $ 20,000 f 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ 20,000 12,564 $ 12,554 $ 12 Taxes cwmd M value $ 12,654 $ 12,554 S 12,554 S 12,554 $ 12,554 $ ,664 $ 12,654 12,654 $ Parking $ 30,000 $ 30,000 $ 30,000 $ 30,000 f 30,000 $ 30,000 $ 30,000 $ 30,000 f 30,000 60,00 $ 50,000 30,000 management $ 50,000 $ 50,000 f 50,000 f 50,000 $ 50,000 $ 50,00 $ 50,000 $ 50,000 $ f PromDebt Service d $ 180,000 $ 180,000 f 180,000 $ 365,000 $ 365,000 $ 365,000 $ 365,000 S 365,000 f 385,00 S 385 000 TOTAL EXPENSES: f 377,554 $ 377,554 $ 377,554 S 562,554 $ 562,554 $ 562,554 S 562,554 $ 562,564 f 562,654 f 562,554 CASH FLOW: $ 72,846 $ 98,946 $ 151,146 $ 84,446 $ 84,446 S 84,446 f 84,446 $ 84,446 $ 84,446 $ $4,446 Additional Taxes For Assessed • Value After Renovations f 99,448 $ 99,446 i 89,448 $ 99,448 S 99,448 f 99,448 S 99,446 f 99,448 $ 99,448 f 99,'N 51,700 S (15,000) i (15,000) i (15,000) $ (15,000) $ (15,000) $ (15,000) i (15,000) ADJUSTED CASH FLOW: $ (26,600) $ (500) f ' (a) Assumes an appraised value of$4,000,000 after complete renovations at current tax rate of$2.8004741$100 EXHIBIT"B" l C\ D. PROOF THAT TAXES OR OTHER ASSESSMENTS ARE NOT DELINQUENT. Attached are the Tax Receipts for 1998 taxes paid on the portions of Crockett Street that were purchased during the calendar year of 1998. The taxes for 1999, which will be inclusive of all assets purchased and owned, are not due and payable until December 31, 1999. APPLICATION FOR FUSTORIC TAX EM&TION.do. TAX RECEIPT MIRIAM K. JOHNSON 1688737 ���` , ,;•` TAX ASSESSOR-COLLECTOR,JEFFERSON COUNTY l``•JO�"cn P.O. BOX 2112 • BEAUMONT,TEXAS 77704 ACCOUNT NO. 003200/002500 OWNERIAGENT LEGAL DESCRIPTION FLANAGAN TOM BEAUMONT 490 PARK ST STE 200 L-90 L-91 OLK-15 SE PT BEAUMONT TX 77701-2900 271 6 275 CROCKETT 0 . 0000 ACRES DISC- ATTNY OTHER TOTAL YEAR s TAXABLE r8004765 LEVY PII PAID PAID PAID VALUE PAID PAID D 120 . 60 98 1 33040 120 . 60 495 . 60 98 4 33040 495 . 60 209 80 9g 1 33040 209 .80 27 24 98 1 33040 27 .24 66 . 09 9g 9 33040 66 . 09 5 . 95 98 5 33040 5 . 95 925 .28 925 .28 TOTALS: — QUESTIONS CONCERNING THIS RECEIPT SHOULD BE TOTAL CASH: TOTAL CHECKS: DIRECTED TO 4091835-8516 OR 4091727-2191 EXT 516 TOTAL CREDIT CARD: ANY QUESTIONS CONCERNING THE APPRAISED VALUE OR TOTAL COLLECTED: 925 . 28 EXEMPTION GRANTED SHOULD BE DIRECTED TO THE JEFFERSON COUNTY APPRAISAL DISTRICT 4091963-0188 OR 4091727-4611 DATE PAID: 01 /31 /99 JURISDICTION CODE LEGEND TIME PAID: 990203-134457 CASHIER: JMM ITY OF BEAUMONT 41 PORT OF jA UMONT VALIDATION NO. 5801317A-01 081 65 49 DRAINAGE DISTRICT 55 BEAUMONT AVIG AT 0 TAX RECEIPT .•••°�piic jy�ti � MIRIAM K. JOHNSON 1688736 •( �• = TAX ASSESSOR-COLLECTOR.JEFFERSON COUNTY P.O. BOX 2112 ACCOUNT NO. BEAUMONT,TEXAS 77704 003200/003000 OWNER/AGENT LEGAL DESCRIPTION FLANAGAN TOM BMT El /2 L100 B 16 490 PARK ST STE 200 260 CROCKETT ST BEAUMONT TX 77701-2900 0 . 0000 ACRES DISC- YEAR TAXABLE RECEIPT LEVY P/I ATTNY OTHER TOTAL VALUE NO. PAID PAID PAID PAID PAID 0 f 98 1 17210 8004772 62. 82 62 .82 98 4 17210 8004772 258 . 15 258 . 15 98 1 17210 8004772 109 .28 109 .28 98 1 17210 8004772 14 . 19 14 . 19 98 9 17210 8004772 34 . 43 34 . 43 98 5 17210 18004772 3 . 10 3 . 10 481 . 97 481 . 97 TOTALS: QUESTIONS CONCERNING THIS RECEIPT SHOULD BE TOTAL CASH: DIRECTED TO 409/835-8516 OR 409/727-2191 EXT 516 TOTAL CHECKS: . 97 TOTAL CREDIT CARD: ANY QUESTIONS CONCERNING THE APPRAISED VALUE OR TOTAL COLLECTED: 481 . 97 EXEMPTION GRANTED SHOULD BE DIRECTED TO THE JEFFERSON COUNTY APPRAISAL DISTRICT 409/963-0188 OR 409/727-4611 DATE PAID: 01 /31 /99 JURISDICTION CODE LEGEND TIME PAID: 990203-134451 CASHIER: JMM .:ITY OF BEAUMONT 41 PORT OF BEAUMONT VALIDATION NO. 5801317A-0108164 49 DRAINAGE DISTRICT S5 BEAUMONT NAVIGAT 0 TAX RECEIPT • MIRIAM K. JOHNSON. 1688735 `. �• TAX ASSESSOR-COLLECTOR,JEFFERSON COUNTY .�'f P.U. BOX 2112 BEAUMONT,TEXAS 77704 ACCOUNT NO. 003200/002800 OWNER/AGENT LEGAL DESCRIPTION FLANAGAN TOM BMT L 98 B 16 490 PARK ST 232 CROCKETT ST BEAUMONT TX 77701-2900 0 . 0000 ACRES DISC- 0 YEAR PAID PAID PAID PAID PAID c VALUE NO. D f 98 1 38390 8004770 140 . 12 140 . 12 98 4 38390 8004770 575 . 85 575 . 85 .98 1 38390 8004770 243 .78 243 .78 98 1 38390 8004770 31 . 65 31 . 65 98 9 38390 8004770 76 .79 76 . 79 98 55 38390 18004770 6 . 91 6 . 91 1075 . 10 1075 . 10 TOTALS: QUESTIONS CONCERNING THIS RECEIPT SHOULD BE TOTAL CASH: DIRECTED TO 4091835-8516 OR 409/727-2191 EXT 516 TOTAL CHECKS: 1075 . 10 TOTAL CREDIT CARD: ANY QUESTIONS CONCERNING THE APPRAISED VALUE OR TOTAL COLLECTED: 1 r':S . 10 EXEMPTION GRANTED SHOULD BE DIRECTED TO THE JEFFERSON COUNTY APPRAISAL DISTRICT 409/963-0188 OR 409/727-4611 01 /31 /99 DATE Pk.ID: JURISDICTION CODE LEGEND TIME PAID: 990203-134446 CASHIER: JMM ;ITY OF BEAUMONT 41 PORT OF BEAUMONT VALIDATION NO. 5801317A-0108163 49 DRAINAGE DISTRICT 55 BEAUMONT NAVIGAT 0 TAX RECEIPT - - MIRIAM K. JOHNSON. 1688734 TAX ASSESSOR-COLLECTOR,JEFFERSON COUNTY o�cn ``1 f P.O. BOX 2112 BEAUMONT, rEXAS77704 ACCOUNT NO. 003200/002900 OWNER/AGENT LEGAL DESCRIPTION FLANAGAN TOM-TRUSTEE BMT L 99 B 16 490 PARK ST 240 CROCKETT ST BEAUMONT TX 77701-2900 0 . 0000 ACRES DISC YEAR TAXABLE RECEIPT LEVY P/I ATTNY OTHER TOTAL g VALUE NO. PAID PAID PAID PAID PAID D 98 1 37100 8004771 135 . 42 135 . 42 98 4 37100 8004771 556 .50 556 . 50 98 1 37100 8004771 235 .59 235 .59 98 1 37100 8004771 30 .58 30 . 58 98 9 37100 8004771 74 .21 74 .21 98 5 37100 8004771 6 . 68 6 . 68 1038 . 98 1038 . 98 TOTALS: QUESTIONS CONCERNING THIS RECEIPT SHOULD BE TOTAL CASH: DIRECTED TO 409/835-8516 OR 409/727-2191 EXT 516 TOTAL CHECKS: 1038 - 98 TOTAL CREDIT CARD: ANY QUESTIONS CONCERNING THE APPRAISED VALUE OR TOTAL COLLECTED: 1038 . 98 EXEMPTION GRANTED SHOULD BE DIRECTED TO THE JEFFERSON COUNTY APPRAISAL DISTRICT 409/963-0188 OR 409/727-4611 DATE PAID: 011/3i / ?9 IJRISDICTION CODE LEGEND TIME PAID: 990203-134442 CASHIER: JMM ,ITY OF BEAUMONT 41 PORT OF BEAUMONT VALIDATION NO. 5801317A-010816?- 49 DRAINAGE DISTRICT 55 BEAUMONT NAVIGAT 0 V t l • :�. . TAX RECEIPT- - G� .•''�llEtlp. `'wrr MIRIAM K. JOHNSON. 1.688733 \ ; TAX ASSESSOR•COLLECTOR,JEFFERSON COUNTY P.O. BOX 2112 BEAUMONT,TEXAS 77704 ACCOUNT NO. 003200/003100 OWNER/AGENT LEGAL DESCRIPTION FLANAGAN TOM BMT L 101 6 W112 L100 B16 490 PARK ST STE 200 373-375 PEARL BEAUMONT TX 77701-2900 0 . 0000 ACRES y LEVY DISC- ATTNY OTHER TOTAL YEAR TAXABLE RECEIPT P/I O VALUE NO. PAID PAID PAID PAID PAID D 98 E1 59020 8004773 215 .42 215 ' 42 98 4 59020 8004773 885 .30 885 .30 98 1 59020 8004773 374 .78 374 . 78 98 1 59020 8004773 48 . 65 48 . 65 98 9 59020 8004773 118 . 06 118 . 06 98 5 59020 18004773 10 . 62 10 . 62 1652 . 83 1652 . 83 TOTALS: QUESTIONS CONCERNING THIS RECEIPT SHOULD BE TOTAL CASH: DIRECTED TO 409/835-8516 OR 409/727-2191 EXT 516 TOTAL CHECKS: 1652 . 83 TOTAL CREDIT CARD: ANY QUESTIONS CONCERNING THE APPRAISED VALUE OR TOTAL COLLECTED: 1652 . 83 EXEMPTION GRANTED SHOULD BE DIRECTED TO THE JEFFERSON COUNTY APPRAISAL DISTRICT 409/963-0188 OR 409/727-4611 01 /31 /99 DATE PAID: JURISDICTION CODE LEGEND TIME PAID: 990203-134438 CASHIER: JMM , I TY OF BEAUMONT 41 PORT OF BEAUMONT VALIDATION NO. 5801 31 7A-01 081 61 49 DRAINAGE DISTRICT 55 BEAUMONT NAVIGAT 0 E. PLANS FOR RESTORATION OR REHABILITATION. The architectural firm of White Rock, Ltd., is the selected architect for the project. Construction documents have yet to be finalized. However, attached are artist renderings of the proposed renovations to the project. APPLICATION FOR MSTORIC TAX MMFTIM d.. Lj on { i � Nil I.I O S'l I M 1[e„� I� �i is � ` ;fail to it I`tt,y.',1}� R .... •�_;.`�3 L��3lry:.�:+ m. �I ,ii A 1.111 LIP MIN•S`i�` ,�� �a�,R1 ' 1�t�-fy'•_� �,,14144 � � 1 , ��►:11 �` CIS ` — � I F. STATEMENT OF RESTORATION OR REHABILITATION COSTS Architectural& Structural Engineering Fees $ 450,000 Advertising/Promotional Events $ 85,000 City Permits &Fees $ 5,000 Asbestos Abatement $ 347,000 Base Building Water& Sewer Service $ 75,000 Base Building Electricity Service $ 60,000 Base Building Gas Service $ 55,000 Base Building 14VAC Service $ 85,000 Base Building Elevator Service $ 155,000 Exterior Building Renovations $ 2,880,000 Roof Replacements $ 86,000 Exterior Lighting $ 57,000 Parking Lot $ 125,000 Graphics $ 35,000 TOTAL $4,500,000 APPLICATION FOR HISTORIC TAX MWIPTION.dx , G. ESTIMATED CONSTRUCTION AND COMPLETION TIME Estimated construction of buildings will commence during the first quarter of 2000 with an estimated completion time of December 2000. APPLICATION FOR IUSTORIC TAX EXE1ffTION-dx v H. AUTHORIZE THE MEMBERS OF COMMISSION AND CITY OFFICIALS TO VIST AND INSPECT THE PROPERTY FOR CERTIFICATIION THAT THE PROPERTY IS IN SUBSTANTIAL NEED OF RESTORATION. All members of the Commission or any City of Beaumont official has authorization to visit and inspect the property for certification of substantial restoration. APPLICATION FOR HISTORIC TAX EXEWn CIN-dx I. DETAILED STATEMENT OF THE PROPOSED USE FOR THE PROPERTY. Once upon a time Crockett Street was known throughout the South as one of the most famous and notorious entertainment districts. Closed by the James Commission, the buildings have been boarded up and forgotten until now. The excitement of the Crockett Street Entertainment District begins anew. Music, entertainment, food and fun are returning once again to downtown Beaumont. Crockett Street will bring a new vision to our city. This major gathering point for all of Southeast Texas will emphasize the unique musical heritage that we have. It will become a national attraction. The complete restoration of Crockett Street will breathe new life into a part of Beaumont once known as the Center of Commerce Activity and Entertainment. It will create a place for families and friends to experience a wide range of enjoyable activities. The allure of the establishments on Crockett Street will entice thousands of visitors to explore and enjoy the area, whether for a performance by world renowned local performers, or to enjoy a unique southeast Texas meal or just to stroll under the glow of old fashioned gas lights. A prominent feature of Crockett Street will be the 300 seat Opry House geared to hosting everything from the hottest country music stars to Sunday afternoon gospel music. In addition to the Opry House, there will be restaurants, coffee shops, billiard parlors, pubs, and nightclubs located through out the five buildings. Each venue will have live entertainment and the installation of three elevators will allow a continuous flow of customers from one building to another on any given floor. The alleyway behind the buildings will be renovated making room for more strolling and entrances into the nightspots. Crockett Street Entertainment District will become the entertainment Mecca of Southeast Texas, drawing tourists off the, Interstate to stop and discover what Beaumont has to offer. APPLICATION FOR HISTORIC TAX EXEABTIDN.&C 4 December 21, 1999 Consider a resolution authorizing Councilman Audwin Samuel to represent persons charged with a crime by the Beaumont Police Department City of Beaumont Council Agenda Item � c TO: City Council FROM: Stephen J. Bonczek, City Manager Lane Nichols, City Attorney PREPARED BY: Lane Nichols, City Attorney MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 17, 1999 REQUESTED ACTION: Resolution authorizing council member, Audwin Samuel, to represent persons charged with a crime by the Beaumont Police Department. RECOMMENDATION That Council adopt a resolution that consents and authorizes Councilman Audwin Samuel to represent persons charged with a crime by the Beaumont Police Department. The resolution will require Councilman Samuel to provide information surrounding the event to the City Attorney and City Manager and authorize them to withdraw consent on a case-by-case basis if a conflict occurs. BACKGROUND The ethical rules of the State Bar prevent a City Council member who is an attorney from representing a person charged with a crime by the police department of the City the Council person represents unless, after full disclosure, both the person and the City agree to the representation. BUDGETARY IMPACT None. i • G:caro1\nicho1s\cmgnnayo\ audwin.agn PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing Council member Audwin Samuel to represent persons charged with a crime by the Beaumont Police Department. G:cuo1\nichols\cmgnnayo\ audwimagn 2 5 December 21, 1999 Consider an ordinance amending Chapter 20, Article II. Civic Center Complex, of the Code of Ordinances i l9 City of Beaumont •�• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 17, 1999 REQUESTED ACTION: Council is requested to consider an ordinance amending Chapter 20, Article II. Civic Center Complex, of the Code of Ordinances. • RECOWIEWDATION Administration recommends approval of an ordinance amending Chapter 20, Article II. Civic Center Complex, of the Code of Ordinances. The proposed ordinance increases the rental rates at Civic Center Complex facilities and provides for technical clarifications. BACKGROUND Staff presented to Council a proposal to increase the rental rates at Civic Center Complex facilities during the work session on December 14, 1999. A copy of the staff memorandum is attached for your ease of review. The rates proposed increase the fees currently charged by an average of approximately 20%. Minor technical clarifications are also included in the amended ordinance. References to specific Civic Center Complex job titles, since these titles are subject to change, are replaced with reference to the City Manager or his designee. Also, facilities which were not previously defined as a part of the Civic Center Complex were added. BUDGETARY EMPACT The proposed rental rates are anticipated to increase revenues by $58,500 per year. PREVIOUS ACTION • A presentation was made before Council on December 14, 1999 during a work session. The presentation included Attachment "B" which supports staffs' recommendation to amend the rental rates. • Beaumont Civic Center Complex- Rental Rate Amendment December 17, 1999 Page 2 SUBSEQUENT ACTION None. RECOMMEMED BY City Manager, Central Services Director and Convention Facilities Manager. RECOMMENDED MOTION Approve/deny an ordinance amending Chapter 20 of the Code of Ordinances to increase rental rates at Civic Center Complex facilities and to provide for technical clarifications. ATTACHMENT A • ARTICLE II. CIVIC CENTER COMPLEX II Sec. 20-20. Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows: All day: Use of a facility beginning before noon and ending after 6:00 p.m. Civic Center Complex: The Beaumont Civic Center and within the civic center, meeting rooms numbered 1 through 5; the Julie Rogers Theatre for the Performing Arts, and within the theatre, meeting rooms numbered 1 through 5; Fairpark Coliseum; Fairpark Barns A. B and C: Fairpark Patio; the Harvest Club; the North and South Exhibit Buildings;Riverfront Park; and grounds contiguous to those facilities. Commercial event: Any event which does not meet the definition of a"non-commercial event." • Evening: Use of a facility beginning after 6:00 p.m. and ending at midnight. Gross receipts: All monies received from the sale of tickets less admission taxes, excise taxes or sales taxes levied by the city, county, state, or federal government. Lease: The written, typewritten or printed document, with any amendments or supplements, signed by the lessee and the city under the authority and conditions as herein provided, which document grants permission to use a facility of the Civic Center complex. Local: Within the city. An organization will be considered "local' for purposes of this article if a majority of its members are residents of the city. Matinee: Use of a facility beginning after 8:00 a.m. and ending before 6:00 p.m. Net square feet: That space occupied by exhibits and exhibitors, not including aisles. • - 1 - . Non-commercial event: An event sponsored by any of the following organizations, where the entire net proceeds from said event are retained by the sponsoring organization: (a) Local nonprofit civic organizations; (b) Local nonprofit fraternal organizations; (c) Local nonprofit educational institutions; (d) Local nonprofit religious organizations; (e) Local charitable organizations. Event staff: All employees necessary for any use of a facility other than management and operation staff, specifically including, but not limited to, security personnel and stagehands. (Code 1958, § 9B-1; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) See. 20-21. Use rate schedule. The following rates will apply to the use of the Civic Center complex facilities: (a) The Civic Center: (1) Events other than conventions,trade shows, exhibitions and sales displays: a. Commercial: Minimum rental shall be one `1tottsan do"--- one thousand five hundred($1.5 00) all day' or ten (10) per cent of gross receipts, whichever is greater. However, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. b. Non-commercial (minimum rental): 1. Matinee: $680.00 $700.00 2. Evening: $$00:08 $950.00 • -2- 3. All day: $1,0000 $1,200.00 However, in consideration for city participation in furnishing facilities and other assistance,higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Conventions, all day: $500:09 $600.00 (3) Trade shows, exhibitions and sales displays: a. Commercial: Per event day rental is eight htmdred dollars ($800.00) greater:eents ($0.06) per net square That or ten (10) per eent of the nine hundred fifty dollars ($950.00). or eight cents ($0.08) per net square foot. or ten (10) percent of the gross receipts, whichever is erg b. Non-commercial: 1. Matinee: $600.09 $700.00 2. Evenings: $800.00 $950.00 3. All day: $i'000. $1,200.00 (4) The use of incidental space within the Civic Center, i.e., dressing rooms, meeting rooms, etc.,when used in connection with a rented use of the main room in the Civic Center,may be permitted without additional rental charge when said space is available and with the approval of the city manager or his designee. (b) Meeting rooms in the Civic Center: (1) Commercial: a. Matinee,per room: $50.00 $75.00 b. Evening,per room: $100.09 $125.00 C. All day,per room: $159:00 $200.00 (2) Non-commercial: -3 - a. Matinee,per room: $23-00 $50.00 b. Evening,per room: $50.90 $75.00 C. All day,per room: $75.00 $100.00 (c) The Julie Rogers Theatre for the Performing Arts: (1) Commercial: Minimum rental shall be ail day seven hundred fifty dollars($750.00)per all dav, or ten(10)per cent of gross receipts, whichever is greater; however, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Non-commercial (minimum rental): a. Matinee: $200. $400.00 b. Evening: $400. $500.00 C. All day: $600.00 $700.00 However, in consideration for city participation in furnishing facilities and other assistance, higher minimum rentals or percentage rates may be negotiated.Any deviation from minimum rental shall first be approved by the city manager. (3) Conventions, all day: X00:09 $300.00 (d) Meeting rooms in the Julie Rogers Theatre: (1) Commercial: a. Matinee,per room: $ 50.00 $75.00 b. Evening,per room: $100.00 $125.00 C. Event day,per room: $130.90 $200.00 (2) Non-commercial: a. Matinee,per room: $ 25.00 $50.00 -4- b. Evening,per room: $59.00 $75.00 C. Event day,per room: $75.00 $100.00 (e) Fairpark Coliseum and Barns at the Fairgrounds: (1) Fairpark Coliseum: a. Commercial: Minimum rental shall berme thettsand dollars one thousand one hundred dollars ($1.100) per all dav,or ten(10)percent of gross receipts,whichever is greater. However, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated.Any deviation from minimum rental shall be approved by the city manager. b. Non-commercial(minimum rental): 1. Matinee: $300.00 $350.00 2. Evening: $400.00 $450.00 3. Event day: $590.00 $550.00 However, in consideration for city participation in furnishing facilities and other assistance,higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. C. Conventions, all day: $590.09 $550.00 d. Trade Shows, etc.: 1. Commercial: Minimum rental shall be Wired dollars ($800.00) per all day or six (6) pereent of gross reeeipts or ten(10)per eent of gross reeeipts, nine hundred dollars ($900.00) per all day, or seven (7) percent of gross receipts or ten 10) percent of gross receipts, whichever is greater. However, in consideration for city participation in furnishing facilities and other assistance, higher percentage rates may be negotiated. Any deviation from minimum rental shall be approved by the city manager. Is -5 - 2. Non-commercial: Matinee: X00 350 Evening $400 450 All Day: $500 550 a. Per day rental (without Goliseum) . . . . $ 199-00 (3) Multi pufpose bam, a. Without Golis,.tim., .Matinee . . . . $ 150.90 b.With Galise i.Martine . $ 100.00 Barn A: a. Without Coliseum: 1. Matinee: 580.00 $125.00 -6- 2. Evening: $150.00 3. All Day: $175.00 b. With Coliseum: 1. Matinee: $100.00 2. Evening: $125.00 3. All day: &54.-W $150.00 Barn B: A. Without Coliseum: 1. Matinee: $175.00 2. Evening: S204-Go $225.00 3. All Day: $350.00 b. With Coliseum: 1. Matinee: 400:09 $125.00 2. Evening: 45 99 $175.00 3. Al_ 1 day: $225.00 Barn C: a. Without Coliseum: 1. Matinee: $125.00 2. Evening: 150.00 3. All Day: $175.00 -7- b. With Coliseum: 1. Matinee: Q 100.00 2. Evenin)z: $125.00 3. All day: $150.00 (f) Harvest Club: (1) Events other than conventions: a. Commercial: Minimum rental shall be five '-tmdr. a dollars ($500.00)per day six hundred fifty dollars($650.00)per all day, or ten(10)per cent of gross receipts,whichever is greater. However, in consideration for city participation in furnishing facilities and other assistance,higher percentage rates may be negotiated. Any deviation from minimum rental shall be approved by the city manager. b. Non-commercial (minimum rental): 1. Matinee: X90:00 $300.00 2. Evening: $250.00 $350.00 3. Event day: $400.00 $500.00 However, in consideration for city participation in furnishing facilities and other assistance,higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Conventions, all day: $290:00 $400.00 (g) North and South Exhibit Buildings: (1) Per all day, rental is two hundred dollars ($200.00)per building. Lhh) Fairpark Patio: W Commercial: all day. $300.00 -8- Non-commercial: all day. $150.00 0 Riverfront Park: (1) Events other than conventions: a. Commercial: Minimum rental shall be five hundred dollars ($500.00)per all day,or ten(10)per cent of gross receipts,whichever is greater. However, in consideration for city participation in furnishing facilities and other assistance,higher percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. b. Non-commercial(minimum rental): 1. Matinee: $100.00 2. Evening: $200.00 3. Event day: $250.00 However, in consideration for city participation in furnishing facilities and other assistance,higher minimum rentals or percentage rates may be negotiated. Any deviation from minimum rental shall first be approved by the city manager. (2) Convention, all day: one hundred dollars ($100.00). (3) Pavilion only: Per all day, rental is fifty dollars ($50.00). 0) After midnight: When any of the facilities of the Civic Center complex are used between the hours of 12:00 a.m. through 7:00 a.m., said use shall be at the following hourly rates plus additional charges equal to the cost of operating a staff Civic Center,per hour: $300.00 Civic Center Meeting Rooms,per hour: $50.00 Julie Rogers Theatre,per hour: $150.00 -9- 0 Julie Rogers Theatre Meeting Rooms,per hour: $50.00 Fairpark Coliseum,per hour: $300.00 Harvest Club,per hour: $39:00 $75.00 North/South Exhibit Buildings,per hour: $50.00 Patio: $4709 $50.00 (Code 1958, § 9B-2; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 79-85, § 1, 10-9-79; Ord. No. 83-121, § 1(Exhibit A), 9-27-83; Ord. No. 95-60, § 1, 9-19-95) Sec. 20-22. Computation of rates for trade shows, exhibitions and sales displays; scope of services provided for fees. (a) Rates quoted for trade shows, exhibitions and sales displays are daily and based on net square feet. A set up and move out charge will be fifty(50)per cent of the daily rental. (b)All rates include the use of normal janitorial services for one performance per day, heat and air conditioning, overhead illumination and water as installed on the premises. Rates do not include special employees,license fees,booth equipment,electrical outlets and service and any other special equipment necessary for the presentation of a show.Arrangements for all special employees must be made with the direetor of the eemnmmity fiaeilities depaftment. ci , manager or his desi nee. (Code 1958, § 9B-4; Ord. No. 76-74, § 1, 6-22-76; Ord.No. 83-121, § 1, 9-27-83) Sec. 20-23. Additional charge if broadcast involved. Every applicant for a lease of any Civic Center facility shall, in such application, state whether he intends to broadcast or telecast any event, program or speech in any Civic Center complex facility. An additional broadcast fee may be charged at the discretion of the city manager or his designee. (Code 1958, §9B-14;Ord.No. 76-74, § 1,6-22-76;Ord.No. 78-44, § 3, 11-11-78;Ord.No. 83-121, § 1, 9-27-83) Sec. 20-24. Times of payment of rental and charges. - 10- Fifty(50) per cent of the total rental is payable at the time of execution of the lease of any Civic Center facility. The balance of all rentals and fees must be paid seven(7)days prior to the final use of any of the facilities. If more than one request is received for the same facility on the same date, the city may require full payment in advance upon demand. All payments shall be non- refundable in the event of cancellation by the lessee. Should any lessee fail to make the necessary payments as provided herein, all monies previously paid by the lessee shall become the property of the city and shall not be refunded. (Code 1958, § 9B-9; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-25. Food and beverage concessionaire approval. Any food and beverage served at the Civic Center complex facilities shall be served only by a concessionaire who has been approved by the city or with whom the city has a concession contract. (Code 1958, § 9B-6; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-26. Use for convention. The direeter of the eenuntmity faeilities depaftm ci, manager or his designee may grant permission to use any of the facilities of the Civic Center complex to any corporation, association, club or society during an international, national, state or regional convention, seminar or meeting thereof which is a convention of record as recorded by or in the files of the International Association of Convention Bureaus or with the Convention and Tourism Bureau of the city, in accordance with the rental rates as set out herein. (Code 1958, § 9B-7; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-27. Bond of commercial user. The city may require a bond of any person as a prerequisite to the rental of any Civic Center complex facility for commercial use if said person has failed to perform in accordance with its contract with any facility in the United States within the last forty-eight(48)months, or has never entered into and performed successfully under a contract with any facility in the United States within the last twelve(12)months. Said bond shall be in a penal amount as determined by the city manager or his designee, and shall guarantee that the principal shall well and faithfully perform every term and condition of his lease and shall comply with all the laws of the state and ordinances and regulations of the city. Said bond shall be written by an insurance company licensed to do business in the state and shall be subject to the approval of the city. - 11 - (Code 1958, § 9B-8; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-28. Box office rates. Box office rates shall be as follows: (1) Three(3)per cent of the gross receipts; whiehever is greater. (2) . Applicable fees associated with credit card usage• Ticket sales on day of event. (Code 1958, § 9B-10; Ord. No. 76-74, § 1, 6-22-76; Ord.No. 83-121, § 1, 9-27-83) Sec. 20-29. Prohibited uses. Any use of the Civic Center complex facilities which is contrary to the public health, safety, welfare, or morals, or not in the best interest of the city as determined by the city manager or his designee, shall be prohibited,and any lease previously executed may be revoked for such cause and any unearned deposits may be refunded. Any performer or any other person whose conduct is disorderly or disruptive to facility use, shall be refused entrance or shall be ejected from the premises as necessary. (Code 1958, § 9B-11; Ord. No. 76-74, § 1, 6-22-76; Ord.No. 83-121, § 1, 9-27-83) Sec. 20-30. Advertising. No person shall advertise a performance or attraction to be held in any Civic Center complex facility until the lease for said facility has been properly executed and all contracts between all parties involved have been executed and exhibited to the director of the community facilities department. All advertisements for performance or attractions for which an admission is to be charged, must state the total admission prices. Failure to comply with this section will result in forfeiture of all monies paid the city, and may result in refusal by the city to lease any facilities to said person in the future. (Code 1958, § 9B-12; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) - 12- Sec. 20-31. Denial of rental request. The city manager may deny rental of any of the facilities for bookings of a similar nature in the same promotional period of time. (Code 1958, § 9B-12; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-32. Promulgation of rules, regulations and documents; execution of documents. The city manager is hereby authorized to promulgate rules,regulations and rental documents, concerning the use and operation of the Civic Center complex. The city manager or his designee is hereby authorized to execute all documents necessary for the rental or lease of the Civic Center complex facilities. (Code 1958, § 9B-15; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83) Sec. 20-33. Parking lot rates adjacent to Fair Park Coliseum. The rate for parking in the three (3) fenced parking lots adjacent to the Fair Park Coliseum for events in the facility shall be 0) not exceed two dollars ( per vehicle. The city will not charge for parking for noncommercial events in any Fair Park facility unless requested by the sponsor of the noncommercial event. (Ord.No. 78-44, § 4, 4-11-78; Ord.No. 83-121, § 1, 9-27-83) - 13 - ATTACHMENT B INTER-OFFICE MEMORANDUM City of Beaumont,Texas Central Services Department Date: December 10, 1999 To: Stephen J.Bonczek,City Manager From: Kirby Richard,Central Services Director Subject: Beaumont Civic Center Complex Rental Rate Revisions CONEWENTS Article H. Civic Center Complex of the City's Code of Ordinances stipulates the rental fees for use of complex facilities. The facilities include Beaumont Civic Center,Julie Rogers Theatre,Fair Park Coliseum, Harvest Club,North and South Exhibit Buildings,Fair Park Patio and Riverfront Park. Your consideration of revising this ordinance to increase the rental fees charged for the use of these facilities is requested. The combined FY 2000 operating budget (Table 1) for the Beaumont Civic Center Complex (BCCC) is $1,312,500. Approximately 34%of the expenditure budget is funded from Hotel Occupancy Tax(HOT) receipts. State law provides for HOT funds to be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry. The remainder of the operating budget is funded by community facilities income, and by a subsidy from other General Fund revenue sources. Revenue from facility operations is estimated at$533,000 for the fiscal year. According to current expenditure and revenue projections, an operating shortfall of$338,000 must be funded from General Fund balances. Table I-FY 2000 Estimated Expenditures ,� . � pecrip�on Oen'i'xan a -� r _� _ Bu Wages/Benefits $ 726,000 $ 90,000 $ 816,000 Operating/Repair/Maintenance 91,800 94,000 185,800 Utilities/General Services 50,300 255,000 305,300 Fixed Assets 2,900 2,500 5,400 Total $ 871,000 $ 441,500 $ 1,312,500 Beaumont Civic Center Complex Rental Rate Revisions December 10, 1999 Page 2 In an effort to reduce the demands on General Fund dollars,and to more accurately recoup actual expenses, it is recommended that consideration be given to increases in the rental fees charged. The increased fee is more reflective of the actual costs incurred to operate the public facilities and the expenses associated with the preparation and cleaning for each rental. The proposed rates are not sufficient to recover the total expenses incurred from operations in order to allow citizens access to an affordable facility rental alternative. Attachment"A"provides the current rental rate schedule and the proposed new rates for your review. The rate structure currently in use was established in 1983. City Council amended the rates in 1995 by adding a fee schedule for the newly constructed barns adjacent to the Fair Park Coliseum and by increasing the Coliseum rental fee. The rate schedule presented lists the facilities that are available for public rental with rates divided by type of facility use. There are three types of facility uses or events for which different rates have been established: commercial, noncommercial, and conventions. Convention uses are events sponsored.by . organizations which are registered with the Convention and Visitors Bureau(CVB) and utilize the local hotel industry for overnight accommodations. Noncommercial events are those sponsored by the following organizations,where the entire net proceeds from the event are retained by the sponsoring organization: ♦ Local nonprofit civic organizations; ♦ Local nonprofit fraternal organizations; ♦ Local nonprofit educational institutions; ♦ Local nonprofit religious organizations; ♦ Local charitable organizations. Rates are also determined by the length of facility use. There are three time durations for which different rates are charged. They are defined as follows: Matinee-Use of a facility beginning after 8:00 a.m. and ending before 6:00 p.m. Eveniniz-Use of a facility beginning after 6:00 p. m. and ending at midnight. All Day-Use of a facility beginning before noon and ending after 6:00 p. m. In addition,overtime rates are charged for use of a facility after midnight. Along with the proposed rate increase,it is recommended that the overtime rate be imposed for rental activities between the hours of 12:00 a.m. and 7:00 a. m. Often,BCCC staff is required to perform required activities prior to an early morning rental. At this time, there is no defined policy for charging for the additional services prior to the event. By instituting the proposed rate schedule,it is estimated that$58,500 in additional annual rental income will be generated. This estimate is based on the same level of rental demand as in FY 1999. The additional revenue represents a 17.4%increase in the$337,000 event income budget for FY 2000. Total annual BCCC revenue, including rental/event income, concessions, parking, and box office charges is estimated at $533,000. Beaumont Civic Center Complex Rental Rate Revisions December 10, 1999 Page 3 Attachments `B" through `B" represent industry rates for facility rentals throughout Texas. Various facilities were polled to provide a comparison of rental fees charged with those currently in effect at the BCCC. Due to the complexity of facility comparisons (i.e., size, seating capacity, and length of use), it is often difficult to make an apples-to-apples fee correlation. However, the information presented demonstrates that current BCCC fees are generally less than those charged at comparable facilities throughout the state. If you require any additional information,please call. ATTACHMENT A RENTAL RATES CIVIC CENTER COMPLEX WWI Commercial,exc t trade shows,etc. $1,000/10% $1,500/ 10% Non-Commercial,except trade shows,etc. Matinee $600 $700 Non-Commercial,except trade shows,etc. Evening $800 $950 Non-Commercial,exc t trade shows,etc. All Day $1,000 $1,200 _ �. Conventions 500 600 Trade Shows,etc.(Commercial) $800/.06/ 10% $950/.08/10% Trade Shows,etc.(Non-Commercial) Matinee $600 $700 Trade Shows,etc.(Non-Commercial) Evening $800 $950 Trade Shows,etc. on-Commercial All Da $1,000 $1,200 Bang=1 F. Commercial Matinee $50 $75 Commercial Evening $100 $125 Commercial All Day $150 $200 Non-Commercial Matinee $25 $50 Non-Commercial Evening $50 $75 Non-Commercial All Day $75 $100 Commercial $600/10% $750/10% Non-Commercial Matinee $200 $400 Non-Commercial Evening $400 $500 Non-Commercial All Day $600 $700 Conventions $200 $300 Commercial Matinee $50 $75 Commercial Evening $100 $125 Commercial All Day $150 $200 Non-Commercial Matinee $25 $50 Non-Commercial Evening $50 $75 Non-Commercial All Da $75 $100 ? f Commercial,except trade shows,etc. $1,000/10% $1,100/10% Non-Commercial,except trade shows,etc. Matinee $300 $350 Non-Commercial,except trade shows,etc. Evening $400 $450 Non-Commercial,exc t trade shows,etc. All Day $500 $550 Conventions : . $500 $550 Trade Shows,etc.(Commercial) $800/.06/10% $900/.07/10% Trade Shows,etc.(Non-Commercial) Matinee $300 $350 Trade Shows,etc.(Non-Commercial) Evening $400 $450 Trade Shows,I etc.(Non-Commercial All Day $500 $550 x � . Without Coliseum Matinee $100 $125 Without Coliseum Evening $100 $150 Without Coliseum All Day $100 $175 With Coliseum Matinee $50 $100 With Coliseum Evening $50 $125 With Coliseum All Da $50 $150 gr AM Without Coliseum Matinee $150 $175 Without Coliseum Evening $200 $225 Without Coliseum All Day $300 $350 With Coliseum Matinee $100 $125 With Coliseum Evening $150 $175 With Coliseum All Day $200 $225 a- Ss Without Coliseum Matinee $100 $125 Without Coliseum Evening $100 $150 Without Coliseum All Day $100 $175 With Coliseum Matinee $50 $100 With Coliseum Evening $50 $125 With Coliseum All Da $50 $150 Commercial Matinee $500/100/0 $650/10% Commercial Evening $500/10% $650/10% Commercial All Day $500110% $650/10% Non-Commercial Matinee $200 $300 Non-Commercial Evening $250 $350 Non-Commercial All Day $400 $500 Conventions $200 $400 Commercial All Da $100 $200 Non-Commercial Per Building $100 $200 Commercial All Da $300 Non-Commercial All Day $150 c Center $300 $300 c Center Meeting Rooms $50 $50 Julie Rogers Theatre $150 $150 Julie Rogers Theatre Meeting Rooms $50 $50 Coliseum $300 $300 Harvest Club $50 $75 North/South Exhibit Buildings $50 $50 Patio $0 $50 ATTACHMENT B RENTAL SURVEY - ARENA / MULTI-PURPOSE / EXHIBIT HALLS BEAUMONT CIVIC CENTER CITY N-COM . MC. Lufldn Pitser Garrison Center 2,000 seats 8a/5p - $540.00 8a/5p - $475.00 6p/l 1:30p - $650.00 6p/l 1:30p - $540.00 8a/l 1:30p - $700.00 8a/l 1:30p - $610.00 Abiline Civic Center $375:00 13,394'sq op f� a1�rm f � 00 QO r° $350M r fl r *x ayborn Community Center 18,850 sq. ft. /Exhibit Hall $600.00 Same Nfidland Center 1 000(sIs I2Sb(§ ° 1 t2 ra ^. fan ro4rP,z 5Y' 'a`.�'�>"4 R gr� s r wxuL� �r� a 3 ✓.r d >h t t, YzX�`sf v�',?ra' 4 ""R J 0_..>e Wharton Community Center 10,000 sq. ft. $700.00 $600.00 eaumont 6SQQsats $1;QQQUOrorQ% $500.00 Convention o f ,. `,I T :�# z f 30Q00Y +€&, <x k �r =,,� $600.00 Matinee K ` 5 $800.00 Evening $1,400.00 A D S i ' f r "° ay ar i Chaperral Center 6,200 seats $1,000.00 or 10%o Same Midland ctor County Odessa 7, '',23,ZQ � '"A� ����'�� �.� •, , ; 8 s Xfl(�x�� ����r�y����a ;r $60Q.Q0 `9' � + �. x vq,,{ .rJ ,'4rrv,. kr i 4 , Ci".,✓w s 'S' &3 ..'^c 1 Paso County 8,500 seats $1,100.00 or 10% $850.00 or 8% 0 0 0 RENTAL SURVEY - ARENA / MULTI-PURPOSE / EXHIBIT HALLS BEAUMONT CIVIC CENTER CITY CAP �r d 'Sr'� v" i L :. 4�y f3£`Ar'rn'�Sit r �l, COWER C I t� 4' f>: �dM^S'na'�J�, F �'G r7 r' � �C' FXpo Center 6,248 seats $1,250.00 vs. 10% Glen Rose $750.00/Winter �§ti,k we '? [ v. a., YA .q,F" +:' $",�",`+ rnyf"'A,`�i 1� ti Corpus Christi 27,000 �o+Qn ,` ` � zr $1,100 04 ag ✓ �,•' s i �''� Grapevine Convention Center 9,000 sq. ft. /Ballroom $1,400.00 Friday&Saturday $1,100.00 Sunday-Thursday +n Nx,t�� L $rwt a L,�, -,X��"c ya:,f✓Y�$".�a"�F+'Y�.,��,krr�. .lr :yjr�,7 t .: }, ive Oak Civic Center 27,000 s �. � 1: kpta ,x w � Same FF4 u z>;x ! r> h ' 7 Sata31r0 ' * � all F? OR R} � .✓•?'`A,af+GYa h. r..5k Bayfront Plaza. 5,500 seats $1,500.00/minimum $9,000.00/4 hours $5,000.00/maximum $235.00 per hour after 4 hours 10% Bell City Expo 8,000"seats r i ,*tag $1 $0 ,4ay�noi , }cketed k Same Belton fl' �' s� 0°lo w�tth V-y� asarsrka �a3 (h'k�s(.�'a�'� t f Tab...a ..�'.. Fair Complex 6,500 seats $1,900.00 or 10% Waco 40,000 sq. ft. Ferrell Center 9364s�ats ' {$2,04Qr00 Waco Humble Civic Center 5,000 seats $2,000.00 per day $1,700.00 per day 40,000 sq. ft. 18,000 sq. ft. /Ballroom $2,000.00 per day/8 hours $1,400.00 per day/8 hours RENTAL SURVEY - ARENA / MULTI-PURPOSE / EXHIBIT HALLS BEAUMONT CIVIC CENTER CITY , 4AP �i � kil ��+{. ' K�,oF€n�9 Pasadena Convention Center 4,000 seats $2,000.00/Concerts Same 16,000 sq. ft. $1,800.00/Other ontagne Center 9,544et.5 $2 W QO or$%a 7 YS y 2fM k7 , :�.�:i°�^:.+n f.,,.a:,�, ♦ �:?;; r `t.�� :��x. �'.c3�1`��•„�sK, in.'s{y.. Reed Arena 12,500 seats $3,000.00 or 10% $2,000.00 or 10% College Station ute Arena 35 es Q i A Same Sys eH�4 J+it'af'3y �*y ✓ r 'G n R •�"T 'w y;�Y rt*�� ,�+ ��f ����'y.�r s!r}7 ��Y�c E e» '�N} .y t r • i 7�"�'�� Fx: Lt.F,trr `Vntt xF Freeman Coliseum 11,700 seats $3,500.00 or 10% $3,000.00 per performance San Antonio $8,500.00/maximum per day ATTACHMENT C RENTAL SURVEY- MEETING ROOMS BEAUMONT CIVIC CENTER MEETING ROOMS CITY CAPACITY, R x t � ICAU i ITC?. v f x 3 �K � � � R:EI�1'1'A� ROOMS .. OF MEETINGRO.O � ��=x4���, s�>�, ,�.° � , ,,����J�..T. College Station 264 sq. ft. 8a/5p - $37.00 8a/5p-$24.00 8 Conference Center i 6p - $39.00 6p-$15.00 2,240 sq. ft. 8a/5p -$126.00 8a/5p-$90.00 6p- $135.00 6p- $60.00 " Alont Civic Center 1,100 _ was x ,' � , .:', Fx 6 i � a.s��?�M`��t@.nye}um,r "�`�^i�v^�,`}"4�r 1F�. s�` 1� :�ix �y�Ky�rw�'� � ���0 e1U 5 �`��r, ,,�� �,�^Q �7J� z• .� 5�������QO �� �l�,�cbught, 4r yrNi � �" ... 2;200441 rQVt @s x 2 rS �q' 3;3.00 sq #t. ,AbQva s,. w .. � abar��ratAS x 4,404 b DA teS x 4 5$A0 sq t �� , oet ;`^Fi + , bav�rates x`5 - i � J". 'S•✓�rrt F t:"Saayr r J�7 � i. Humble Civic Center i 500 people $75.00/8 hours $50.00/8 hours 4 i Abiline 400 to 4,600sq $75.00 ' k$ 00,°�,k $75 00 u to$180.00 I Wharton Civic Center i 800 sq. ft. to 2,000 sq. ft. $75.00/minimum $60.00/minimum 2 $100.00/4 hours $80.00/4 hours $125.00/5 hours $100.0015 hours $150.00/6-8 hours $120.00/6-8 hours RENTAL SURVEY - MEETING ROOMS BEAUMONT CIVIC CENTER MEETING ROOMS CITY CAPACT�'Y O r UN Lufldn 102fMeatre Style 8a/5p-$80.00 8a/5p-$55.00 C or E 6p/1 1:30p-$135.00 6p/1 1:30p-$80.00 8a/1 1:30p-$190.00 8a/1 1:30p-$110.00 250/'Theatre Style 8a/5p-$135.00 8a/5p-$110.00 ! B or D 6p/1 1:30p-$190.00 6p/1 1:30p-$135.00 8a/1 1:30p-$295.00 8a/1 1:30p-$260.00 350/Theatre Style 8a/5p-$180.00 8a/5p-$135.00 BC or DE 6p/1 1:30p-$245.00 6p/1 1:30p-$160.00 2 8a/11:30p-$325.00 8a/1 1:30p-$250.00 530fMeatre Style 8a/5p-$350.00 8a/5p-$290.00 A 6p/1 1:30p-$410.00 6p/1 1:30p-$320.00 8a/1 1:30p-$485.00 i 8a/1 1:30p-$425.00 1,020/'Theatre Style j 8a/5p-$430.00 8a/5p-$370.00 ABC 6p/1 1:30p-$515.00 6p/11:30p-$420.00 or 8a/1 1:30p-$540.00 8a/1 1:30p-$480.00 ADE iY , "u two +r rt>.s.,M v<?s : y k r00 A0 20 a y bom Convention Center 4 000 ft � �a ;�F kxy 7 rs, �W "3y v , ., ...•,,...,T,... c 3s,ex..� t.:�t,,<......:t.a L<�&?�«k�zSk$�ik4� c`A�x,>7.gym.. .... ,... •• •i ' Pasadena Civic Center 1,440 sq. ft. $140.00 per event* ;*Lobby Area-rented 648 sq. ft. $65.00 per event* only when not in 968 sq. ft. $100.00 per event* conflict with other 783 sq. ft. $80.00 per event* building rentals. s a�"Y>",Y dZ '�rat � ; Midland Center 644 sq $1��0 QyNN5i _$ $a/mtdtuglt 1344 sq ft"" 3 � j � w'; ' i s efry r w z.y M` 'a-Y^ 'Si+ +i� Vf'sY9 .0 t a 800 RENTAL SURVEY - MEETING ROOMS BEAUMONT CIVIC CENTER MEETING ROOMS CITY CAPACITY ORSTZE CQ � IQI-CAME CAL NO. } OF MEET NG R�fJJ bm._ b,r,�axr � uR�N RODS Grapevine 1,200 sq. ft. (Sunday-Thursday) Same 100/'Theatre 8a/5p - $250.00 50/Classroom 6p/midnight-$250.00 i 60/Banquet 24 hour hold-$300.00 ; (Friday&Saturday) 8a/5p-$300.00 6p/midnight-$300.00 24 hour hold-$350.00 I Bell City Expo 4,000 sq. ft./200 seats $250;00/b l pu{s 1 ; Corpus Christi 8,000 sq. ft. to $290.00-$550.00 Same i 12,000 sq. ft. (Free to conventions) Waco Fair Complex 22. Capactly $4p0 0Q p� d Same i 9 [ F - a�a kP Y 4a r n+ x k 1A }^7 tic+•r r.zsx '� F�F` sr'��'rr1a,�tx ¢f. +. �fR—; "2• h*i Y. i ih ..::<: 't:? .ii :rt.Ef•r±1 a�'...._. _...tx1S,on,.kR«.,s....nhl+F"'tt«.,...,h,taS r..S'lx... .,'h..a.,........ .a....... _ q people Live Oak Civic Center 3,500 sq. ft./300 le eo � - $550.00 Same 2 1,500 sq. ft.1150 people $300.00 ATTACHMENT D RENTAL SURVEY - THEATRE JULIE ROGERS THEATRE CITY S '—'TRICAz Beaumont 12,681 $600.00 / 10% $600.00 all day $400.00 evenings $200.00 matinee tineAblline; R � j'•s�S.Ft�u }j�X�f�� , rc�` y �,�d.r �`a^� ti i , > r V 7 Corpus Christi 25526 $12150.00 min or 8% $950.00 - 4 hours $2,300.00 $1150.00 - all day Houston (Empire) Wichita Falls 23,717 i $13,650.00 Ix., a 7Hou 00, Dallas (Magestic) 12649 $33,000.00 $12,975.00 -.a" � �", ,t a yA 1+T "•'.'z �r i_{.p4?�( n3�'{' y,Cr}'T'�xy+if'R .y, R t „� � ;F $4x000.00 Houston (Arena Theatre) ,r h�< s, u ,�'} tidy 3- 1"EM ATTACHMENT E RENTAL SURVEY - THEATRE FAI"ARK COLISEUM CITY 1J a*A �ptm to y oaf i b� »' T4 (t ��/ J`�M+•�+.ice��./4 M AI Bell County Expo 100'x 200'Bams $250.00 per day Same 55,000 sq.ft. -no A/C $400.00 per day w t...y ef sx Y z JEctor Coun t Coliseum B �f} g k 1 Same 127 �3�Odessa c .s K•:. � ':r ����z? imr.,�� .fir I,v,,,��•k+�w9' �x1 c,3'zk,a»3ri"u�� r���` .'4A Fair Complex 200 x 125'Barn $500.00 per day vs. $10.00 per stall Same Waco 214 stalls Fairpark Coliseum 125`X 2$0' y rY x u' ��10,L ,,��? Q I t z ' �2 a $390.00-7a/6F .,+ *�`e � � YY sa7 .3.n Beaumont 1s r rrY F 5r5s� M I 4 .0:UO`-.6P/zuudnigh "+ i. tfY $svo.00 7A7a/midnight . i - 1 $�z x ry r.f 1 ✓' � r ^cxd s'�t ,.+�`�`'; r x`�# ,.0„r>" M F�? > �r��� 4� s ' 1 v' i * r art _4^'1.5 'x6 +fE-£. Barn B/278,x 220 ! fi Same P r _{u; fH g3�'aYa a.. ys •}awr.x�ti ; 0 t l �"v"k.,t'•r.F f - 4 NQ 0t W -l(�,) , J f } �` 150.00� Y �At�,' G ` 11&811IX1 v � k: F I i�• Barn C/181`x 90'1 t $100FRe� Y�'v� utsun ti r Same $5�0�0�'�iitar �+liseum 1 RENTAL SURVEY- COLISEUM FAIRPARK COLISEUM l l i \,AFACTI'Y OK x Cl l. _ Y NON 7✓MMI W AL OF CQLISEUM z,mss ` RENTAL Exposition Center 600 seats (Showbarn Arena) $1,250^vs 10% ! Same Glen Rose,Texas 100'x 200' $750.00(winter rates) 2,218 seats (Enclosed Area) $500.00 per day $10.00 per day reduces arena rental 285 stalls/10'x 10' Cowtown Coliseum 2,400 seats $1;50000eeZlys Same Y (ROdeO Arena $2,500.00�uue�kends a Mesquite Arena 28,000 sq.ft/soft floor $3,500.00 per day Same ; 1 6 December 21, 1999 Consider a resolution adopting a write-off policy for delinquent accounts U City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: December 21, 1999 AGENDA MEMO DATE: December 17, 1999 REQUESTED ACTION: Council consider a resolution to adopt a write-off policy for delinquent accounts. RECOMMENDATION The administration requests approval of a resolution to adopt a write-off policy for delinquent accounts. BACKGROUND It is the intent of the City of Beaumont to establish a policy which sets parameters to write-off delinquent accounts. After collection efforts have been exhausted and the account is considered either uncollectible or the amount owed is too small to warrant further collection efforts it shall be written off. BUDGETARY PAPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. RECOMMENDED MOTION Approve/Deny resolution to adopt a write-off policy for delinquent accounts as presented. City of Beaumont Policies and Procedures Manual Policy Number: Subject: The Write-off of Delinquent Accounts Effective Date: I. POLICY: It is the policy of the City of Beaumont to write-off delinquent accounts after collection efforts have been exhausted and the account is considered either uncollectible or the amount owed is too small to warrant further collection efforts. II. PURPOSE: The purpose of the policy is to establish uniform guidelines for writing off uncollectible accounts for all City receivables that will be consistent and fair. III. PROCEDURES: A. Age of Account. When sufficient efforts have been made with no response to the demands for payment and further pursuit would be unproductive,individual accounts that are one year old shall be written off. B. Reactivation of Accounts. If an account becomes collectible after having been written-off, the receivables of the City shall be adjusted accordingly. The balance of the account that is legally collectible shall be reinstated and payments shall be applied to that balance. C. Purging of Records. The physical records and computer database records shall be purged according to the City's record retention procedures. IV. RESPONSIBILITIE A. Treasurer's Office 1. Shall have authority to write off accounts when the following circumstances become evident. The one year rule shall not apply unless otherwise indicated: a. Discharged Bankruptcy-an account that has been discharged through bankruptcy court. b. Deceased -the customer is deceased with no estate. C. Court Refuses Judgement - the debt could not be substantiated in court. d. Medicare Unallowable Charges - the difference between the billed amount and the amount allowed by Medicare. e. Medicaid Unallowable Charges - the difference between the billed amount and the amount allowed by Medicaid or any amounts that are not collectible from customers who are eligible for Medicaid. f. Small Business Loans - when uncollectible accounts have been approved for write-off by the Small Business Loan Committee according to the loan guidelines. g. Amount Does Not Warrant Further Effort - when sufficient efforts have been made with no response to the demands for payment and further pursuit would not be cost effective: (1) Balances of $20 or less for an individual account shall be written off. (2) Individual accounts which are one year old and have balances which exceed $20 shall be submitted to the Finance Officer for approval to be written off. B. Finance Officer 1. Shall have authority to approve the write-off of any individual account receivable,other than those involving legal actions,identified as uncollectible when the balance does not exceed $500. 2. Shall submit recommendations for write-offs to the City Manager for his approval,when the balance exceeds $500 for an individual account. C. City Attorney 1. Shall have authority to settle or dismiss any account involving legal actions when the balance does not exceed $500 for an individual account. 2. Shall submit recommendations to settle or dismiss any individual account involving legal actions to the City Manager for his approval when balances exceed $500. D. City Manager 1. Shall have authority to approve the write-off or settlement of any individual account receivable identified as uncollectible when the balance does not exceed $1,000. 2. Shall submit recommendations for write-off or settlement to the City Council,through the Finance Officer and the City Attorney,when the balance exceeds $1,000 for an individual account. E. City Council 1. Retains the final authority to allow write-off or settlement of any individual account receivable identified as uncollectible when the balance due exceeds $1,000.