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MIN JUL 19 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu, Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames,At-Large Audwin Samuel, Mayor Pro Tem,Ward 111 July 19, 2005 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on July 19, 2005, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items /Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Dr. Richard Burnham, Beaumont District Superintendent, United Methodist Church gave the invocation. Special guests Matthew Miller, Connor Roane, David Reese and William Reese led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Samuel, Councilmembers Smith, Coki nos,Ames and Patterson. Absent: Councilmember Beaulieu.Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions Recognition: Lt. Col. Cindy Summers presented the Employer Support of the Guard and Reserve plaque for the "Above and Beyond" award to the City of Beaumont Public Comment: Persons may speak on scheduled agenda items/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of July 12, 2005 Confirmation of committee appointments - None A) Authorize the granting of a Pipeline License Agreement and an Access Easement Agreement with Cimarex Energy Co. to cross a 2,183.5 acre tract [owned by the City of Beaumont] in the C. Hillebrand League, Abstract 28 - Resolution 05-159 Minutes-July 19,2005 Councilmember Cokinos made a motion to approve the Consent Agenda. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider adopting a resolution suspending for ninety(90)days the effective date for the adoption of rates for CenterPoint Energy and authorizing the participation of the City of Beaumont with other cities in the CenterPoint Beaumont/East Texas service division to evaluate and make recommendations concerning the requested change in rates - Resolution 05-160 Administration recommended approval of a resolution suspending for ninety(90)days the effective date forthe adoption of rates for CenterPoint Energy and authorizing the participation of the Cityof Beaumontwith other cities in the CenterPoint Energy service area in evaluating and making recommendations concerning the requested change in rates, including any administrative proceedings or litigation associated with the proposed increase in rates. City Attorney Tyrone Cooper made the presentation. On Thursday,June 30,2005,CenterPoint Energy filed fora rate increase with the City of Beaumontand othercities in its Beau mont/East Texas service division. According to CenterPoint Energy's Statement of Intent to Change Rates, the company is proposing to establish the same rates for customers within the City of Beaumont as adopted by the Railroad Commission of Texas for customers in the unincorporated areas of their service area. The Railroad Commission rates are based upon a March, 2004,test yearwhich is now more than a yearold and out-of-date. The Commission's review was based primarily upon testimony of witnesses supplied by CenterPoint Energy with no testimony from the cities. There has not been a thorough review of CenterPoint's rates since 1994. CenterPoint has indicated that the new rate schedule will mean an increase of$4.96 per month forthe typical residential customer and a decrease of$6.49 per month for a typical general service,small commercial customer. It is also represented thatthese new rates will increase the revenue for the company by $1,723,664 per year. If a suspension is not implemented, these rates are due to become effective for bills rendered on or after August 4, 2005. It is recommended that the council suspend for 90 days the effective date for the adoption of the rates and authorize the city to participate with other cities in the CenterPoint Energy Beaumont/East Texas service area to hire attorneys and consultants to represent the City of Beaumont in the review of this application. Page 2 of 5 Minutes-July 19,2005 Cities are entitled to rate assistance and cost reimbursement of their reasonable rate case expenses for participating in/or conducting a rate-making proceeding. We expect that,as in the past,the City of Beaumont will be reimbursed for any expenses incurred in this matter. Councilmember Cokinos moved to APPROVE RESOLUTION 05-160 TO AUTHORIZE THE REVIEW INTO THE REASONABLENESS AND PRUDENCE OF THE PROPOSED RATES OF CENTERPOINT ENERGY'S BEAUMONT/EAST TEXAS DIVISION ("CENTERPOINT GAS"); SUSPENDING THE EFFECTIVE DATE FOR THE PROPOSED RATES OF CENTERPOINT GAS NINETY(90) DAYS; AUTHORIZING THE PARTICIPATION IN A COALITION OF CITIES KNOWN AS ALLIANCE OF CENTERPOINT MUNICIPALITIES(ACM)IN ORDER TO HIRE ATTORNEYS AND EXPERTS WITH OTHER CITIES SERVED BY CENTERPOINT GAS; AUTHORIZING PARTICIPATION IN OTHER PROCEEDINGS RELATED TO CENTERPOINT'S RATE REQUEST; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; DIRECTING THE CITY CLERK TO SEND A COPY OF THE RESOLUTION TO CENTERPOINT; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT;AND DECLARING AN EFFECTIVE DATE FOR THIS RESOLUTION. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, COKINOS, AMES AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a bid for the purchase and installation of pumps and equipment for use in the East Virginia stormwater lift station - Resolution 05-161 Administration recommended award of a bid for the purchase and installation of two (2) pumps and motors, two (2) controllers, and one (1) main circuit breaker in the amount of$73,650 to Placo, Inc. One of the existing pumps is damaged beyond repair and is currently out of service. It is believed that the other has deteriorated to a point that failure is imminent. This is the originally installed electrical equipment at this station. This lift station is vital to relieving water levels in the East Virginia and MLK underpass during heavy rain events. The pumps cant'a one(1)year parts and labor warranty. Completion time is 150 days. Funds are available forthis expenditure in the Public Works Department's operating budget. Page 3 of 5 Minutes-July 19,2005 Councilmember Cokinos made a motion to APPROVE RESOLUTION 05-161 THAT THE BID SUBMITTED BY PLACO, INC. OF BEAUMONT FOR THE PURCHASE AND INSTALLATION OF PUMPS AND EQUIPMENT FOR USE IN THE EAST VIRGINIA STORMWATER LIFT STATION IN THE AMOUNT OF$73,650 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, COKINOS,AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER AMES - NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER PATTERSON - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - NONE Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 1:45 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Antioch Missionary Baptist Church of Beaumont v The City of Beaumont, et al Roy Malveaux v The City of Beaumont There being no action taken in Executive Session, Council adjourned. Page 4 of 5 Minutes-July 19,2005 Audio tapes are available upon request in the City Clerk's Office. Guy N. Goodson, Mayor AF M (2 Rose A n Jones, TRMC City Clerk Page 5 of 5 Minutes-July 19,2005