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HomeMy WebLinkAboutPACKET OCT 11 1983 AGENDA REGULAR SESSION OF THE CITY COUNCIL OCTOBER 11, 1983 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. 1. An ordinance establishing landfill fees. 2. An ordinance establishing library fees. 3. An ordinance establishing a Commercial Rehabilitation Program. 4. A resolution making a nomination to the Jefferson County Tax Ap- praisal Board. 5. A resolution authorizing the City Manager to make application for a grant for the Police Department Accident Control Team. 6. A resolution authorizing nd ratifying a lawsuit against various 9 Y 9 9 political subdivisions concerning Texas Tax Increment Financing Act of 1981. 7. A resolution authorizing payment to the Beaumont Art Museum for jani- torial and maintenance services. 8. An ordinance establishing speed limits. 9. A resolution authorizing purchase of limestone base. 10. A resolution authorizing purchase of ready-mix concrete. 11. A resolution authorizing the City Manager to execute a contract with Ansul Fire Extinguisher School . Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. r � . 1. " October.7, 19$3 - Council Letter 42 Honorable Mayor and Members of City Council Subject: Landfill Rates During the recent budget discussions and subsequent adoption, information de- tailing our costs for collection and disposal were developed and used as a basis for establishing a higher cost associated rate for garbage collection. It was understood that it would also be necessary to amend our basic landfill rates to reflect higher operational costs as well as costs associated with closure of the old site and expenses related to relocation. New proposed commercial rates have now been developed by staff and a summary table of the effects is as indicated below. COMPARISON OF COMMERCIAL RATES Size Existing PROPOSED RATES Per vehicle Cu.Yd. Rate Class A Class B 1- 3 $12/mo $ 2.00 or $50/mo. $ 2.50 4- 7 24/mo 5.00 6.00 Q 8-15 4/truck 10.00 12.00 E 16-20 8/truck 20.00 24.00 0 30 12/truck 30.00 36.00 Z 40 16/truck 40.00 48.00 20* $30/truck $ 35.00 $ 42.00 30* 45/truck 52.50 63.00 0 40* 60/truck 70.00 84.00 U *Sample vehicles The proposed rates were based on "cost of service" and reflect the actual cost of landfill operations and the relative disposal cost of compacted and non- compacted materials. It also includes a 1.20 factor for non-city residents, which means that there is a -201 surcharge for people outside the City limits. - - toes:.•.. ..:. _. . _ ! - _,' it .. .. ..,Council.Letter.-4-42 �r...;- _October:�7.' 1983, f •_ '-;� age . 9 •' ° ,; ''^�,�.�:?v+ �-="i�'*.� •' ^v�i�'�ii cy S1�� '� '��,rj"'y � ►� r - . . - — + rats'^; l,i� s„.=•..�$ �_�. •.a�:r Y `y�.`? "� � ;,��7��3�►' �aa .�"9. r TM � � - - :.�•.e c�. .Yr1F^�rt ^.�ys„0,- .rs'[`• .-. °-!+t's�.�,.ti- 1+i'b:s.- Based on the antic.i pated number of "ads-der .type. �of vehicle, the proposed rates are approximately.seventeen percent (17%) -greater -than the existing rates for compacted materials. . Because of the change in the method of charg- ing vehicles, it is not possible.to determine a rate increase percentage for all non-compacted material . For vehicles greater than eight yards, however, the revenue is anticipated to-increase_150%. The proposed ordinance--also includes some language changes required to conform to the recent administrative and operational changes made in the Sanitation and Urban Transportation Departments. I recommend that the proposed rate increases be approved. Karl Nollenberger City Manager r LANDFILL OPERATIONAL COSTS Costs of Activity Proposed Activity Per Cu. Yd. Handled Budget FY 184 Operations $0.66 $ 781,070 Costs of closing old site (based on recovery of costs over 0.48 565,000 a 2 year period) Costs of site relocation (based on recovery of costs over a 10 year period) 0.30 3601000 Total Expenses $1.44 $ 1,706,070 Pro Rata - Landfill Expenses Share of Volume Volume (Cubic Yard) Expenses Residential (33%) 390,100 $ 563,000 Trash (16%) 189,100 272,970 Other Uses ( 8%) 94,600 136,490 Commercial (17%) 200,900 290,030 Permit Holder (26%) 307,300 443,580 Total 1,182,000 $ 1,706,070 Commerical Activity Share of Volume Volume (Cubic Yard) Expenses Disposal Total (43%) 508,200 $ 733,610 Compacted Material (630) 320,170 559 ,640 Non-Compacted .Material (370) 188,030 173,970 Commercial Costs per Cubic Yard Compacted Material = $1 .75/Cu. Yd. Non-Compacted Material = $0.93/Cu. Yd. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING LANDFILL RATES AND THE RESPONSIBILITY FOR THE ADMINISTRATION OF THE LANDFILL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Chapter 28, Sections 28-36, 28-38, 28-39, 28-40, 28-41, 28-42, and 28-43 of the Code of Ordinances of the City of Beaumont are hereby amended to read as follows: Section 28-36: Private transportation of refuse-permit required It shall be unlawful for any person, except the duly authorized agents or employees of the city, to convey or transport garbage, trash, waste or refuse on the streets, alleys or public thoroughfares of the city without a written permit granted and issued by the Department of Urban Transportation. However, this provision shall not be held to apply to an individual person conveying trash, waste or refuse which has accumulated on premises owned or occupied by him. Section 28-38: Same-Requirements as to conveyance No permit for conveying or transporting garbage, trash, waste or refuse shall be granted unless the conveyance used by the applicant is equipped in accordance with the following specifications: 1 ) All conveyance of every character must be equipped with sides and tailboards so that the bed thereof, when tailboard is up, shall be completely enclosed, standing not less than two and one-half ( 2-1/2 ) feet above bed of conveyance, and shall be equipped with permanent solid cover or- adjustable cover of substantial, durable material, which must be of such dimensions as to completely cover the bed or body of the conveyance and extend down the sides in such manner as to prevent any of the refuse being carribd from, escaping, blowing out or otherwise falling out and being distributed along public highways. Any exceptions to this because of unusual circumstances must be approved by the Urban Transportation Department. Conveyances hauling garbage must have watertight and flyproof beds totally enclosed. 2) All containers, receptacles and conveyances used for the disposition, removal and hauling of garbage, trash, waste and refuse shall be cleaned thoroughly after being emptied or unloaded, and must not be carried or driven through the streets of the city emitting offensive odors. Section 28-39: Same-Disposal fees; taxes and fees for permits 1 ) Disposal fee for each conveyance to be used by the applicant or any person, shall be: Garbage Trash and Refuse Collected: Inside Outside City city a) Loose and noncompacted materials: 1 ) Small vehicles, 1-3 cubic yard capacity: a) per month, by permit. . . . . . . . $50 .00 $ - b) per load. . . . . . . . . . . . . . . . . . . . 2 .00 2 .50 2 ) Medium vehicles, 4-7 cubic yard capacity, per load. . . . . . . . . . . . . . 5 .00 6 .00 3 ) Large vehicles, 8-15 cubic yard capacity, per load. . . . . . . . . . . . . . 10 .00 12.00 4 ) Extra large vehicles: a) 16-20 cubic yard capacity , per load. . . . . . . . . . . . . . . . . . . 20.00 24.00 b) 30 cubic yard capacity , per load. . . . . . . . . . . . . . . . . . . 30 .00 36.00 c) 40 cubic yard capacity, per load . . . . . . . . . . . . . . . . . . . 40 .00 48 .00 b) Compacted materials: per cubic yard based on vehicles rated capacity. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .75 2 .10 2 - 2) . Exempt organization: Nonprofit, charitable orgifnizations who operate, as a necessary part of their day-to-day business, vehicles owned or leased by. them for the transport of waste or refuse resulting from collection for the purpose of renovation or repair of donated used material shall be exempt from the fee requirement of this section. 3) A service fee of ten dollars ($10.00) per truck will be charged for processing the application required by Section 28-37. Section 28-40: Private transportation of refuse; condition for issuance of permit Upon filing of the application described in Section 28-37, the Director of Urban Transportation shall grant such permit if the following conditions have been met: 1 ) Provision has been made to lawfully dispose of the garbage, trash, waste or refuse outside of the city limits or within the city landfill. Any disposal other than in the city disposal site must be in a site licensed by the state; 2) The provisions of this article have been met; 3) The proposed removal and disposition of such garbage, trash, waste or refuse will not violate any of such provisions, or create a public nuisance; and 4 ) The vehicle for conveyance has been inspected and approved by the landfill division. Section 28-41: Same-Revocation of permit; appeal The permit herein authorized to be issued may be revoked by the superintendent of the landfill division at any time for the violation of or noncompliance with any of the provisions of this article or the conditions under which it was issued, and immediately upon such revocation, the permit issued thereunder shall be surrendered to the landfill division through any of its duly authorized representatives; provided, however, any person feeling aggrieved by such revocation shall have the right to appeal to the City Council for redress, and such appeal shall be made either by personal appearance before the - 3 - City Council on the part of the aggrieved party or by written communication addressed to the Council setting forth the cause of complaint. Section 28-42: Landfill-vehicles entitled to unload All persons or businesses hauling into the city landfill shall deposit such material only in the place designated by the landfill foreman. Such dumping shall only be during the hours of operation as set forth by the landfill superintendent. Section 28-43: Same-Unauthorized removal of material from It shall be unlawful for any person to remove trash, waste or refuse, or any material from the city landfill without the written permission of the landfill superintendent. 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 rtions and provisions P of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. 4 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the day. of 19 - Mayor - 5 - 2. :. October 6, 198 Council Letter 38 Honorable Mayor- and- Members of City Council Subject: Library Charges As part of the overall staff analysis of fee schedules charged by various City Departments, the revised schedule of fees and fines for the Library is pre- sented for Council review. The recommended changes are necessary to bring re- venues in line with projections made during the budget process. The changes are as follows: Loan Daily Maximum Item Period Late Charge Late Charge Books Three weeks No change Replacement cost Phonograph Records Three weeks No change Replacement cost Cassettes Three weeks No change Replacement cost Films, Film Strips 48 hours $2.00 $25.00 Video Tapes 48 hours $2.00 $25.00 Sewing Patterns Three weeks No change Replacement cost In summary, the only change in the schedule of fines has been made on films and video tapes, both of which increased from $1.00 to $2.00 per day; there will be a $5.00 processing fee for lost or damaged materials in addition to any late charges; and rental fees for rooms will be established at $10.00 per four-hour period or any portion thereof. I recommend approval . Karl Nollenberger City Manager i ` GENOA ITEM NO ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT ESTABLISHING LATE CHARGES AND PROCESSING FEES CHARGED BY THE BEAUMONT PUBLIC LIBRARY SYSTEM; PROVIDING ROOM RENTAL RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Chapter 16, Section 16-14 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 16-14: Late Charges; Processing Fee The library director shall charge a daily late charge to those persons whose library cards are used to check out library materials which are returned after the applicable loan period . The loan period, daily late charge and maximum late charge for each item shall be as follows: Maximum Item Loan Period Daily Late Charge Late Charge Books Three Weeks $0.05 Replacement Cost Phonograph Records Three Weeks 0 .05 Replacement Cost Cassettes Three Weeks 0 .05 Replacement Cost Framed Prints One Month 0 .50 $10 .00 Sculpture One Month 0 .50 10.00 Film, Filmstrips 48 Hours 2 .00 25.00 Video Tapes 48 Hours 2 .00 25.00 Sewing Patterns Three Weeks 0 .05 Replacement Cost The loan periods established herein may not be extended by renewal. The library director shall, in addition to any late charge imposed by this section; charge a processing fee of five dollars ($ 5.00) for lost or damaged library materials. The rental rate for the use of a meeting room shall be Ten Dollars ($10.00) for any use of four hours or less and Twenty Dollars ($20.00) for any use in excess of four hours per day. A meeting room shall not be rented to one user for more than eight hours (8 ) in any one day. 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. Section 3 . - That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 Mayor - 2 - 6,..1983 • `• : -- -... . .`• :: •`•: „October -.- _ :. -;. . ;._ --.. ,. •- •_• „ . . _-_' - ... , ;,. • •l. ••-F.1�:7 1".•wy►/� .�.�����'��.f�il�u'�h7iat � '-��ti •3f[� � �' �iw,•N'ar•.+.• •:i���}bi•�}.�i�`.�,�. • k3:as«.+mot`".:'`� r = c` :�' '; ..,_.•rL�•,, :•�,r�;.,.: i tf ••.• :�a•��r��1•i/.►•- �•- vSl� T�{t�'vi`��'•1-..��1x3+.1 • �.•+T' ,?'•���ri 't�� i i •- - v •,w�•r--.i•. ��Yom,*� •I.' • 'Council.. . •-__.,;�.r;. .�_ _ ;4t. -letter 36 _- _ - .. .. .c..•r '—• yam,,-� - . • �S•.'!� rt 1t-.--Cl.�~::i_-+� - .-:: •y1M n" iT• - l s. ..-.. -�•i 4,h. ,�• • - -��_-•mot y':- ��-•.__•. ti . �X"`-° ��r _dG';?1'•�,'��.:-... -. •M ••_�• ' -_ -- :�y► �!•;Y y .'-.+"yam-s-r- J•�'�sT=T�-wL•_��I 'ITT -- �` wl�*�-c��_ •. • ^^��-.��y-.1.•�i:• `.��i•ti�►� ���K�syh ,!r-w-1•..�. w� �. r_J 1= _ �Y��•.:�• •� rs��,y... f:mot i t. ' - •. '�:-.. �i��±-,j�a�C J`Jr.•T:-:�•,7•A�'�;���.�••��� �s�• � rfL4r�.:M •3•Y��� .�ti-.�-Y:t•-I •• • -. -':vt7�a"r Y .SAS. -.f.J- t - -.1.:3 •t�.'.� ss�..•� �1..- _ �F• -. Honorable Mayor:and Members of City- Council Subject: Commercial Rehabilitation-toafi Program for-Ceases-Tract -17 'T The CDBG Citizens Advisory Committee has.recommended establishment of-a com- mercial rehabilitation loan progran-for the Charlton-Pollard Neighborhood, Census Tract 17• -The program; to be financed by $100,000 in Community De- - vel opment Block Grant'funds, would provide -low-interest loans for the re- habilitation of businesses such as Laundromats, -cleaning establishments,' _ drugstores, convenience -stores and other service .establishments.- -The loans _ would be available only for rehabilitation, not new construction, -and only within the designated strategy area. -Gui del i nes recommended for the program are attached to this letter- The pro- gram would be administered by a Loan Advisory Board composed of five members, who would serve without compensation. Board members are selected from the community at large and appointed by the City Council for two-year terms. The Board would make determinations on all loan applications under the program- The Rehabilitation Loan Office would make recommendations and assist the Board in an advisory capacity. Loans could be made for up.to 10 years provided that the term-does not exceed the remaining economic life of the property. The maximum amount that could be- borrowed for-any-one project would be determined by the Board on recommen- dation of the Rehabilitation Division. A $10,000 limit would be placed on the amount of loan funds wIAch could be used -to refinance existing debts se- cured by the property_ The-rate of interest would be five percent- Safeguards wA`I d include a requirement that the borrower agree to an annual re- view by the Rehabilitation Division with a financial statement to be prepared by a Certified Public Accountant on the firm's operations. if f -the business does not remain financially sound, the owner would be required to seek finan- cial counseling. The City could have the right to collect -delinquent loans through any reasonable means permitted by law,-including foreclosure and sale, upon the direction of the City Manager. - A lien would be -taken against - the property in the amount of-- the loan. The committee's recommendations for the program are set forth in detail in the attachm=nts- The program grew out of a survey in Census Tract 17 which established the existence of a need for a program to stirrJlate cc, nercial „•.-mil -•• _ -• 1;G2'j'•^'" ., -� • . eau � :.+f - . - . .ti1_- `I L '-t �y."�1'•S�fi Y 'r:yt t 4..1 • • - ' _Council—Letter 36: `. t _ _t Q - _ — October :•6 -1983 9 '+��� .yf n•1 .yY/ytL�r .y-f-�..1 i7F� L. 4 • 7"ti w�ry� r:��~ :! ' �e.u:.:Y m Y ,. � r_.�y •�f •1t7 �•�''6•.rsr - :�� r gib'r F' • - revitalization.""Thetaff•recomnendshat:fihe-Counc37 'review the proposed gui del Ines, .submitted-for your appmval, -and adopt a resolution authorizing '. establ i sSwnt of 'the program.: Karl -Nollenber_qer __ I - City Manager ' - - CC: Milton Palmer, Code Enforcement Director - ' PROGRAM DESCRIPTION COMMERCIAL REHABILITATION Funding Source Commercial Rehabilitation is an eligible activity under The Community Development Block Grant Program and is the source of funding for this program. One hundred thousand dollars ($100,000.00) will be made available for this program. Purpose and Intent Beaumont has participated in The Community Development Program since its inception in 1975. The City's Rehabilitation Loan Program is primarily designed to provide low interest rehabilitation loans to property owners in Neighborhood Strategy Areas. The survey taken by The Community Development Block Grant (CDBG) staff of the Charlton-Pollard Neighborhood Census Tract Seventeen (17) revealed a need for a program to stimulate the neighborhood' s commercial revitalization. This program is intended to provide financial assistance for rehabilitation of commercial businesses such as Laundromats, cleaning establishments, drugstores, convenient stores or service establishments. i Terms and Conditions ' A. General 1. The Rehabilitation Loan Agency will consider such loans that would be legal loans as defined by Ordinance No. 79.4. The Rehabilitation Agency cannot accept applications to finance any type of new construction. Neither can the Agency accept an application on a property situated outside the boundaries of a community development designated strategy area. 2. The City of Beaumont shall have the authority to collect delinquent loans through any reasonable means permitted by law, including foreclosure and sale, upon the direction of the City Manager. 3. Every loan applicant will be required to furnish proof of nondelinquent taxes before loans will be approved by the Rehabilitation Agency. 4. Applicant denied a loan by the Rehabilitation Loan Agency may not submit another application for a period of six months unless the applicant' s -application is affected by changes in the program policies. B. Strategy Areas The Strategy Area, designated by the City of Beaumont, is Census Tract 17. 2 Loan Advisory Board Authority { 1 . The Loan Advisory Board is composed of five members appointed at large. Members of the Advisory Board shall be appointed by the City Council for two-year terms and shall serve without compensation. 2. This Board will be responsible for making determinations on all rehabilitation loans. Advisory Board meetings will be held as the case load dictates. Due to the confidential nature of the information disclosed at these meetings, the Board meetings will not be open to the public. However, quarterly and annual status reports will be available to the public and citizen advisory committees. 3. The Loan Advisory Board shall be provided with a comprehensive financial packet for each applicant which will include: employment status, mortgage and appraisal data, credit data, loan amount, repair specifications, and loan recommendations. (The entire rehabilitation file will be available at the Board meetings and any information within that file will be presented upon request. ) 4. The Loan Advisory Board will receive recommendations or suggestions from the Rehabilitation Loan Office. The Loan Advisory Board may accept or formulate their own recommendations as long as they coincide with eligibility criteria. 5. The Loan Advisory Board shall act on each loan case presented. The Board shall have the right to approve, deny, table, or 3 reject any loan for sound and sufficient reason. 6. The Loan Advisory Board shall not approve any loan the terms of which exceed the remaining economic life of the property to be approved. The terms of any loan shall not exceed the following: (a) Maximum term - 10 years. (b) Remaining economic life shall be equal to or greater than the maximum term. 7. All action on loan applications shall be certified by the Chairman of the Board and the Superintendent of the Rehabilitation Loan Office. Applicant Eligibility A. Owner of a business such as a laundromat, drugstore, cleaners, neighborhood hb g orhood convenience store or service establishment. The following are examples of service establishments: Hardware Store Gas Station Grocery Store Furniture Store Restaurant Washateria Florist Barber Shop Appliance Repair 4 Bowl tnq A11 ey Upholstery and Furniture Repair Movie Theatre Shoe Repair Professional Offices All establishments whose primary income is generated from the sale of alcoholic beverages are ineligible. B. Purchaser(s) of a business location must have ownership and/or management experience in an existing eligible establishment. C. Owner must hold a general warranty, deed and/or a deed of trust to property executed six (6) months prior to submitting an application for rehabilitation assistance. D. Owner cannot be delinquent in the payment of mortgage or land contract payments by more than sixty (60) days. E. The applicant must evidence adequate capacity to repay the loan and have a satisfactory record of fulfilling previous obligations. F. Business owners will not be eligible for loan payment subsidies. G. Maximum amount that can be borrowed for any one construction project will be established by The Loan Advisory Board upon the recommendation of the Rehabilitation Division. H. Property owner may provide a qualified cosigner who will assume responsibility for payment of the rehabilitation loan. �I Property Eligibility Rehabilitation loan may be made only to properties meeting the following requirements: 1. Rehabilitation work needed in order to physically improve or correct an existing structure so that it will comply with the intended usage - laundromat, cleaning establishment, drugstore, neighborhood convenient store or service establishments. The following are examples of service establishments: Hardware Store Gas Station Grocery Store Furniture Store Restaurant Washateria Florist Barber Shop Appliance Repair Bowling Alley Upholstery and Furniture Repair Movie Theatre Shoe Repair Professional Offices All establishments whose primary income. is generated from the sale of alcoholic beverages are ineligible. 6 2. Located within Census Tract Seventeen (17) - the designated CDBG Strategy Area. 3. The appraised value exclusive of land must exceed $10,000.00. Loan Limitations A. The maximum amount of loan funds which may be used to refinance existing debts secured by the property cannot exceed $10,000.00. B. Funds may not be used to refinance existing or future debts on the business inventory. C. Rehabilitation work required to comply with intended usage must meet the Standard Building Codes for The City of Beaumont. Security for Rehabilitation Loan A. All rehabilitation loans will be secured by a properly executed real estate lien note and deed of trust in favor of The City of Beaumont. B. Adequate hazard insurance must be maintained for the duration of the loan. Terms of Loan A. The interest on rehabilitation loans shall be figured at five (S) percent. 7 � y B. The maximum term of the rehabilitation loans shall not exceed ten (10) years. C. Owner must agree to an annual review during the length of the loan by The Rehabilitation Division of The City of Beaumont. A financial statement prepared by a Certified Public Accountant (CPA) containing a statement of operations will be required. D. If the business does not remain financially sound, the owner will be required to seek financial counseling or The City of Beaumont will declare the note due and payable. Cost Includable in Rehabilitation Loan Rehabilitation loan may include amounts for the following purposes: 1. Rehabilitation loan must cover the cost of correcting, rearranging and rehabilitation of the existing structure in order to conform with the intended usage. 2. The cost of certain expenses related to the processing of the application and to obtain security for the loan is included. Such expenses are: (a) Ti tl a reports. (b) Attorney certificates. (c) Recording and other fees. (d) Appraisals. (e) - Bid packages. E Cancellation of`Lien To prevent inappropriate windfall profits from the resale of the property, The City of Beaumont will place a lien upon the property for the amount of the loan. If any of the following events occur during the term of the loan, the remaining balance must be repaid: 1 . The sale of all or any interest in the subject property. 2. The death of the original loan recipient (in the case of a husband and wife) . If both parties to this loan shall decease during its term, the heirs/or executor for the estate would then be required to assume and pay the remaining balance. 3. A breach of any of the terms of the lien. Applicant Responsibilities A. The applicant pp t must allow The City of Beaumont rehabilitation loan specialist(s) to examine the building to be rehabilitated. The needs and cost of rehabilitation will be developed by the rehabilitation specialist and the property owner. B. The applicant can encourage his own contractor to participate in the competitive bidding. All contractors must meet the requirements of the Rehabilitation and Building Inspection Division. 9 NO ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTIONS 14-71, 14-73, 14-74, AND 14-80 OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Chapter 14, Section 14-71 of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended by changing the term "Rehabilitation" to "Residential Rehabilitation" and adding the term "Commercial Rehabilitation" and its definition and that Sections 14-73, 14-74 and 14-80 be, and the same are hereby, amended to read as follows: Section 14-71 : Definitions. Residential Rehabilitation. The restoration of deteriorated structures to minimum housing standards as established by law, including repair, renovation, conversion or remodeling, or the retrofitting of any structure with energy conservation material and/or devices. Commercial Rehabilitation. The restoration of deteriorated business structures including repair, renovation, conversion or remodeling, in order to physically improve or correct an existing business structure so that it will comply with the intended usage . Section 14-73: '' Rehabilitation loans--Granting to qualified persons. The agency shall make loans to qualified persons for the rehabilitation and financing of dwelling units and for the rehabilitation and financing of business structures. Loans and grants may also be made for refinancing existing purchase money mortgages or purchase contracts, deferred payments, grant subsidies and rehabilitation loans for investor owned residential property. However, commercial rehabilitation loans may not be used to refinance existing or future debts on the business inventory nor may an establishment whose primary income is generated from the sale of alcoholic beverages be eligible for a commercial rehabilitation loan. Section 14-74. Same--Derivation of fund. There is hereby created a rehabilitation loan fund to be funded with community development block grant funds to make loans to owners of dwelling units and to owners of business structures in project areas who are unable to secure or qualify for funds from conventional sources for the purpose of refinancing or rehabilitation of such property to meet or exceed minimum housing or intended usage standards established by law . Section 14-80. Promissory note, lien as evidence and security of loan. Rehabilitation loans shall be evidenced by a promissory note in favor of the City of Beaumont and secured by a mechanic' s and materialmen' s lien or by a properly executed real estate lien note and deed of trust in favor of the City of Beaumont, whichever is applicable. 2 - 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. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 4 . That any person who violates any provision of this I ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 3 - 4. October 6, 198 Counci 1 Letter 39 Honorable Mayor and Members of City Council Subject: Nomination to Jefferson County Tax Appraisal Board The Jefferson County Appraisal .District Board has a 5-member governing body selected from the individual governmental entities in the county. Munici- palities, counties and school districts all have a vote based on their per- centage of the total assessed value of the entire county. Each year, the individual units make nominations for positions on the Board. This year, the Council has instructed us to place the name of Wayne Turner in nomination. Karl Nollenberger City Manager j ffpff N0._____ j R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT G. Wayne Turner is nominated by the City of Beaumont for election to the Board of Directors of the Jefferson County Appraisal District. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - - 5. Actober 4, 198 _ ice+. �_. ) ? �\_{ • it � 4 1/ M Y �Sr � �- ( - ,' 'ti ,_? �.,�e...� .ice-��'.�.r �t y�:�.� �'fa� :{t�� ,S _ .'ate=�'�r •y �.. .y... � .:.•k �� - ' m ��, s+J Co .UnCI l rLetter 26 _ '. ./ "Y:- r—tr �� fir,'3+�-��'�c-�v �3 .a.. '�. � `.I. i r •-sx . sf�� J�- -Honorable- Mayor and _ - �- Members of City Council Subject: Grant Application for Police Department Accident-i ' Control Team (A.C.-T.) The Police Department's A.C.T. unit is currently working a day shift and an evening shift with a total of eight patrolmen, two sergeants, and one super- vising lieutenant. The team operates with five black and white units seven days a week. A.C.T. 's primary duties extend to -the investigation of fatality accidents and to concentrated enforcement efforts at assigned locations where injury accident experience has been the greatest, DWI 's the highest, and haz- ardous moving violations the most numerous. In an effort to increase its enforcement activities in this area, the Police Department is prepared to apply for a federal grant to subsidize traffic of- ficers on an overtime program. If approved, the grant would allow for 180 additional manhours of enforcement per week with emphasis placed on control- ling hazardous moving violations at specific high accident locations, and the total grant would amount to about $192,000. In order to participate in this program, it is necessary that the Patrol Di- vision have two additional black and white vehicles. This increase can be im- plemented by retaining two of the units currently scheduled for replacement this year. Monies from the grant will be used to cover the operational costs of the two vehicles. It is recommended that Council authorize the application for the above-described Federal funds. � Karl Nollenberger City Manager AGEHJDA I TaRPff NO S R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to submit an application to the State of Texas for federal funds for the City of Beaumont to participate in the Accident Control Team. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - _ T _ ' October•3 19 3 ►� _ .y r S{. [.i Ti r _,.,.wtiaeC4.._=.jaF, ♦T ... ' ��lr..: _ .i. A t - .+ Y ..4r++•'t�� "a'r*.rtlt '"� _'y "'F a.-w� d. �' � 4 � .. � /. ••a,a.�x Jyr rs.i .. .- .-.. ��4,i } w,,.}..t�•Y✓• ..,Ri - ri ci2 L.z 'i',ti ; < �.� tY r_ •r Y.i i l �'r?�fn1Tia Y . 414 x w Counc�1 Letter_ • 29 'w t�.•r:..4 ':'ng•��si v ..iCX v�j-'tir S ., r .t ?s -"��.'• -.r,#z�� �< Jr - : r �� •. �� '�!k•.i?.•.. �� �,(�.t a ��y �s w,,,o � _ ,s �.,.:fi�t 6�� �s►4� .��-3. a.. 'i } �s-x'�a;y -.3.J.�,y,.�i�.lti(����.�� 'i• .a. } T'� _ 1...,}.�r v. .�•Zr''f t�� .� •a-•. [� - - Honorable Mayor�and Members of City Council-".' _ Subject: Resolution relating to the Texas Tax Increment Financing Act of 1981 This resolution ratifies the filing of a suit by the City Attorney against Nick Lampson, Jefferson County, South Park Independent School District, Drainage District 6, and the Port of Beaumont. The City seeks a declaratory judgment construing the Texas Tax Increment Financing Act of 1981, as amended. The City contends that the tax increment base for the reinvestment zone in downtown Beaumont is to be determined based upon the appraised value of pro- perty in the zone for the year 1982. The county tax assessor-collector con- tends that 1983 is the appropriate year for determining the tax increment base. Attorneys for all parties have expressed their intention to seek an ex- peditious judicial resolution of the question. A copy of .the .petition is attached. I recommend approval of this resolution. Karl Nollenberger City Manager N0. ` CITY OF BEAUMONT X IN THE DISTRICT COURT OF VS. X JEFFERSON COUNTY, TEXAS NICHOLAS V. LAMPSON, ET AL X 11 -) A JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION FOR DECLARATORY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: Now comes the City of Beaumont, plaintiff in the above- entitled and numbered cause, and brings this action for a declaratory judgment pursuant to the Texas Uniform Declaratory Judgments Act, Article 2524-1, Revised Civil Statutes of Texas, and in support thereof shows the Court the following: 1. Plaintiff is a home rule city organized and existing under the Constitution and laws of the State of Texas and is domiciled in Jefferson County, Texas. 2. Defendants are: Nicholas V. Lampson, the duly elected, qualified and acting tax assessor and collector of Jefferson County, Texas and the duly appointed and acting tax assessor and collector of Plaintiff, the City of Beaumont . Jefferson County, a political subdivision duly created and existing under the Constitution and laws of the State of Texas. South Park Independent School District, an independent school district organized and existing under the Constitution and laws of the State of Texas and located in Jefferson County, Texas. Jefferson County Drainage District No. 6, a special district organized and existing under the Constitution and laws of the State of Texas and located in Jefferson County, Texas. Port of Beaumont Navigation District, a special district organized and existing under the Constitution and laws of the State of Texas and located in Jefferson County, Texas. 3. On December 7 , 1982, plaintiff, acting pursuant to the Texas Tax Increment Financing Act of 1981, Article 1066e, Revised Civil Statutes of Texas (the "Act") , adopted Ordinance No. 82-132, (the "Ordinance") , a copy of which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. In accordance with the Act, the Ordinance designated a portion of the City of Beaumont as "Reinvestment Zone Number One, City of Beaumont, Texas. " Section 5 of the Ordinance provides, in part, that "operation of the Zone shall commence on January 1, 1983. " Section 6 provides, in part, that "the Tax Increment Base for the Zone is to be determined as of January 1, 1982, the year in which the Zone was designated a reinvestment zone. " 4. The Ordinance established a tax increment fund from which money is to be disbursed to pay the costs of public improvements to be constructed in the reinvestment zone. Under the Act, taxes collected on the tax taxin g units whose boundaries increment for all overlap the zone are paid into the tax increment fund. The Act defines "tax increment" as "the amount of property taxes levied for a year on the captured appraised value. " "Captured appraised value" is "the amount by which the current appraised value of taxable real property located in the boundaries of a reinvestment zone exceeds its tax increment base. " "Tax increment base" is "the total appraised value of all taxable real -property in a reinvestment zone for the year in which the zone was designated a reinvestment zone as pro- vided by this Act. " 5. Pursuant to a contract between plaintiff and defendant, Jefferson County, defendant Lampson has been appointed tax collector for plaintiff. _ The Act requires defendant Lampson, as tax collector for plaintiff, to collect taxes for all taxing units on all taxable real property located within the zone and to deposit "into the tax increment fund established for the zone all tax increments produced 2 = from the captuted appraised value of taxable real property in the zone. " 6. . Although plaintiff's Reinvestment Zone Number One was designated a reinvestment zone in 1982, defendant Lampson has declared that the "tax increment base" for the zone will be based upon the appraised value of real property in the zone for the year 1983. He has, therefore, declared his intention to make no payments into the tax increment fund from taxes levied and collected within the zone for the year 1983. 7. Defendants Jefferson County, South Park Independent School District, Jefferson County Drainage District No. 6 , and Port of Beaumont Navigation District are necessary parties in that each of said defendants levies taxes on real property located within Reinvestment Zone Number One and has a financial interest in the result of this case. 8. Plaintiff requests that the Court declare that the "tax increment base" for Reinvestment Zone Number One, City of Beaumont, Texas be the total appraised value of all taxable real property in said reinvestment zone for the year 1982. Wherefore, premises considered, plaintiff prays that, on final hearing, it have judgment against defendants as follows: 1. A declaration that the "tax increment base" for said reinvestment zone be determined based upon the year 1982; 2. Costs of court; 3. Reasonable attorneys fees; and 4. Such other relief to, which it may be entitled_ Respectfully submitted, Kenneth Wall City Hall P. O. Box 3827 Beaumont, Texas 77704 (409) 838-0761 State Bar No. 20759000 ATTORNEY FOR PLAINTIFF ORDINANCE NO. ENTITLED AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT ZONE NUMBER ONE, CITY OF BEAUMONT, TEXAS; ESTABLISHING A BOARD OF DIRECTORS FOR SUCH ZONE; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City Council of the City of Beaumont, Texas ( the "City" ) , desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone, as authorized by Article 1066e, Vernon' s Texas Civil Statutes ( the "Act" ) ; and WHEREAS, a public hearing before the City Council was called for 1 : 30 p.m. on the 23rd day of November, 1982, such date being at least seven (7 ) days after the date of publication of the notice of such public hearing; and, WHEREAS, the City has called a public hearing and published notice of such public hearing, as required by Section 4 of the Act, and has given written notice to all taxing units overlapping the territory inside the proposed reinvestment zone; and, WHEREAS, upon such hearing being convened there was presented proper proof and evidence that notice of such hearing had been published and had been mailed as described above; and, WHEREAS, the City at such hearing invited any interested person to appear and contend for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory which is described by the metes and bounds description attached hereto as Exhibit A and depicted in the plat attached hereto as Exhibit B should be included in such proposed reinvestment zone, the concept of tax increment financing and the appointment of a board of directors for the proposea reinvestment zone; and, WHEREAS, all owners of property located within the proposea reinvestment zone and all other taxing units and other interested persons were given the opportunity at such public hearing to protest EXhIBIT "A" ` :j 7. rP- the creation of the proposed reinvestment zone or the inclusion of their property in such reinvestment zone; and, WHEREAS, the proponents of the reinvestment zone offered evidence, both oral and documentary , in favor of all of the foregoing matters relating to the creation of the reinvestment zone, and opponents of the reinvestment zone appeared to contest creation of the reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the facts and recitations hereinabove are hereby found and declared to be true and correct. Section 2 . The City, after conducting such hearing and having heard such evidence and testimony , has made the following finaings and determinations based on the evidence and testimony presented to it: ( a) That the public hearing on adoption of the reinvestment zone was properly called, held and conducted, and that notice of such hearing was published as required by law and mailed to all taxing units overlapping the territory inside the proposed reinvestment zone; and, (b) That the City had jurisdiction to hold and con- duct the public hearing on the creation of the proposed reinvestment zone pursuant to the Act; and, (c) That creation of the proposed zone with boundaries as described in Exhibits "A" and "B" will result in benefits to the City , its residents and property owners, and to the property , residents and property owners in the reinvestment zone; and, 2 _ (d) That the reinvestment zone, as defined in Exhibits "A" and "B" , meets the criteria for the creation of a reinvestment zone as set forth in Section 3 of the Act in that: ( 1 ) It is a contiguous geographic area located wholly within the corporate limits of the City. ( 2 ) The area within the reinvestment zone substantially impairs or arrests the sound growth of the City; retards the provision of housing accommodations; constitutes an economic and social liability and is a menace to the public health, safety , morals and welfare in its present condition and use due to the presence of a substantial number of substandard, slum, deteriorated or deteriorating structures; a predominance of defective or inadequate sidewalk or street layout; unsanitary or unsafe conditions; deterioration of site or other improvements; and the existence of conditions that endanger life or property by fire or other cause. ( 3 ) Not more than 10 percent of the property in the zone, excluding that dedicated to public use, is used for. residential purposes, which is defined in the Act as any property occupied by a house which has less than five living units. ( 4 ) The total appraised value of all taxable real property in the zone - 3 - according to the most recent appraisal rolls of the City, together with the total appraised value of taxable real property in all other existing f reinvestment zones within the City, if r v ' any, according to the most recent appraisal rolls of the City , does not exceed 15 percent of the current total appraised value of taxable real property in the City . (5 ) Improvements in the reinvestment zone will enhance significantly the value of all taxable real property in the reinvestment zone. Section 3 . That the City hereby creates a reinvestment zone within the area described by the metes ana bounds in Exhibit "A" attached hereto and depicted in the plat attached hereto as Exhibit "B" and such reinvestment zone shall hereafter be identified as Reinvestment Zone Number One, City of Beaumont, Texas ( the "Zone" ) . Section 4 . That there is hereby established a board of directors for the Zone which shall consist of seven (7 ) members. The City Council of the City hereby appoints the following residents of the City , who meet the eligibility requirements as set forth in the Act, to serve as members of the board of directors: William Phillips, Jr. Wilton White Richard LeBlanc Bill Wilson Murry Frank Yvonne Craig Ed Edsonz III 4 - The first four (4 ) directors listed above are hereby appointed for two-year terms while the last three ( 3 ) are appointed for one-year terms. All subsequent appointments will be for two-year terms. The City Council hereby designates Wilton White to serve as chairman of the board of directors, and authorizes the board to elect from its members a vice chairman and other officers as it sees fit. The board of directors shall make recommendations to the City Council concerning the administration of the Zone. It shall prepare, or cause to be prepared, and adopt a project plan for the Zone and must submit such plan to the City Council for its approval. The City hereby delegates to the board of directors all powers necessary to prepare and implement such project plan, subject to approval by the City Council, including the power to employ consultants to assist in the preparation of the project plan and in the issuance of tax increment obligations. Section 5 . That operation of the Zone shall commence on January 1 , 1983, and that termination of the operation of the Zone shall occur on January 1 , 2004, or at an earlier time designated by subsequent ordinance, or at such time, subsequent to the issuance of tax increment bonds, as all project costs and tax increment bonds, and the interest thereon, have been paid in full. Section 6 . That the Tax Increment Base for the Zone, which is the total appraised value of all taxable real property in a reinvestment zone, is to be determined as of January 1 , 1982, the year in which the Zone was designated a reinvestment zone. Section 7 . That there is hereby created and established a Tax Increment Fund for the Zone which may be divided into such subaccounts as may be authorized by subsequent ordinances, into which all Tax Increments are to be deposited. The Tax Increment Fund and 5 - ' any subaccounts are to be maintained at the depository bank of the City and shall be secured in the manner prescribed by law for Texas cities. The Tax Increments shall equal the amount of property taxes levied for a year on the captured appraised value, that is the amount by which the current appraised value of all taxable real property located in the Zone exceeds its Tax Increment Base, less any other funds which are to be allocated from the Tax Increments pursuant to the Act. All revenues from the sale of any increment finance bonds and notes hereafter issued by the City may be deposited into such fund or subaccount from which money will be disbursed to pay project costs for the Zone or to satisfy the claims of holders of tax increment bonds or notes issued for the Zone. Section B . That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 9 . That it is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of the meeting of the City Council at which this Ordinance was adopted was posted, as required by the Open Meetings Law, Article 6252-17 , Vernon' s Texas Civil Statutes, as amended, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies,, approves and confirms such written notice and the contents and posting thereof. Section 10. That the contents of the notice of public hearing, which hearing was held before the City Council on November 23, 1982 and the - 6 j publication of said notice, is hereby ratified, approved and confirmed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7,t,L day of , 19 �a . Mayor - P,P,i_�sn� 7 _ A point in the South right of way line of Wall Street and the Southwest right of way line of Trinity Street for the Point of Beginning of the herein described tracts THENCE Northeast along the Southeast right of way line of wall Street 1083.33 feet to a point in the Southwest right of way line at Orleans 4 Street and continuing along a line that would be the Southeast right of way line of Wall Street a distance of 1283.33 feet to the Southwest right of Way line of the Santa Fe Port' Railroad for a total distance of 2346.66 feet; THENCE Northwest along the Southwest right of way line of the Santa Fe Port Railroad a distance of 808 feet to the intersection of the North right of way line of Hickory Street; THENCE West along the North right of way line of Hickory Street a distance of 370.41 feet• to an intersection of the Northeast right of way line of Main Street; THENCE Northwest along the Northeast right of way line of Main Street a distance of 1173 feet to the intersection of the Northeast .right of way line of Main Street and the extension of the North right of way line of Broadway, being also in the East right of way line of North Main; THENCE Southwest along the Northwest right of way line of Broad- way a distance of 692.21 feet to the intersection of the North right of way line of Broadway and the Northeast right of way line of Orleans ' Street; THENCE West across the intersection of Willow, Broadway and Orleans Streets to a point of intersection in the west right of way EXHIBIT "A" line of willow Street and the South sight•of Way line of Broadway a dis- tance of 169 feed THENCE South along the West right of way line of Willow Street a distance of 300 feet to the intersection of the North right of way line of Liberty] THENCE West along the North right of way line of Liberty a distance of 376 feet to A. point opposite the Nest right of way line of Janes Street; THENCE South along the West right of way line of Janes Street a distance of 315.5 feet to a point where the Southeast right of way line of Neches Street intersects the West right of way line of Janes Street; THENCE Southeast along the Southwest right of way line of Neches Street a distance of 581 feet to the intersection of the Southwest right of way line of Neches Street and the Northwest right of way line of . Crockett Street= THENCE along the Northwest right of way line of Crockett Street Southwest a distance of 361.1 feet to the intersection of the Northwest right of wary line of Crockett Street and the Southwest right of way line of Trinity Street= THENCE Southeast along the Southwest right of way line of Trinity Street a distance of 1693.54 feet to. the Point of Beginning. i eta ■ [a � Er� ������ � — let TV THE STATE OF TEXAS_ Q COUNTY OF JEFFERSON I, MYRTLE CORGEY , CITY CLERK of the City of Beaumont, Texas, do hereby certify that the above and foregoing is a true and correct copy of ORDINANCE NO. 82-13 , PASSED by the City Council on the 7th day of December, 1982 A.D., the original of which is filed in the office of the City Cie,-r: of the City of Beaumont, Texas. Given under my hand and seal of the City of Beaumont, Texas, this the 5th day of October , A.D. , 1 98� % - City Clerk - TIE SPATE OF TEXAC Q C012i'1'Y U, JEF'FE16014 Q BEFORE 14E, the undersigned authority, on this day personally appCavt:a MYRTLE CORG .Y , CITY CLERK of tht- City of Beaumont, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executea thu sdtt� ivc the purposes and consideration therein expressed, UIl IJ ur►der =1 hand and seal of office, this 5th da;; Ui October , A.D. , 1983 z2 Notary Public in ajid f,)r J, i '•i•,..m CuUJILy, Twxa�,, NO. R E S O L U T I O N WHEREAS, on October 5 , 1983, the City Attorney filed suit in the District Court of Jefferson County, Texas in Cause No. E-118 ,390, styled City of Beaumont v. Nicholas V . Lampson, et al, seeking a declaratory judgment construing a portion of the Texas Tax Increment Financing Act, Article 1066e, Revised Civil Statutes of Texas, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the action of the City Attorney in filing the above-referenced cause is hereby approved, ratified, and confirmed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - October.5. .1983 Council .Letter 27 Honorable Mayor and Members of City Council Subject: Contract with Beaumont Art Museum By contract, the City of Beaumont is responsible for janitorial and grounds maintenance services at the Wilson Memorial Art Center. A lump-sum payment of $22,200 will enable the Art Museum to hire their own employees, rather than using City employees. The money is budgeted in the Recreation Budget and is the same amount paid to the Art Museum last year. I recommend that this resolution be adopted. k- Q N Karl Nollenberger City Manager AGENDA rm NO. f R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to pay to the Beaumont Art Museum the sum of $22,200.00 for janitorial and ground maintenance services at the Wilson Art Center. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - ,_ .,}�.° t. ; - �� tee•;;- x - . . - _ - .. _ . October b 1983. • t - +?v :•,-t:. �._' - .`:mot '!y,[�-L� �r1S7c+cs' Y ' r .i:;e�' }s ;+C+ " zz- r.�'-a .-. -f►r.> �.:.e�S ';Ste"' �t-��'t ' :'' :_ _. Wk Y ON Council letter .. 34 .rte x '4''s�•7, t .,.� � � Y„ wt.a�.:�.,ly,'�`y T Y'K..,k�'4.0 •_'}`.: - � "`.+s,� ..: s+'�n-' .". _7 -` -, y` - Honorable Mayor -and Members of City Council Subject: -Speed_Regui ati-ons Traffic studies are conducted on a regular basis along various streets in Beaumont to determine appropriate speed limits. When a street has been re- quested to be studied by the Police Department or a citizen, it is given a priority designation. Urban Transportation goes out with a radar gun to de- termine actual prevailing speeds as part of the study. A police unit is not used because its presence tends to slow down the traffic flow. Other factors reviewed as part of the study include accident experience, road condition and environmental factors. Recently, four streets were reviewed on a priority basis. The results of the studies are as follows: 23rd - College to'Washington Based on previous studies, the speed limit was raised to 45 mph. Recent studies show a change in travel characteris- tics which indicates the speed limit should be lowered to 40 mph. Irving - Washington to E. Alma The construction of the Irving-Highland connector was com- pleted in March. Studies indicate that the speed limit on this new section should be 35 mph. This is consistent with the existing speed limits on Irving north of Washington and Highland south of E. Alma. Keith - Calder to College The current speed limit is 30 mph. Studies indicate that the speed limit should be raised to 50 mph due to the fact that this section is basically rural and there are relatively few driveways. Spur 380 - Elgie to South City Limits The existing speed limit is 55 mph. The number of accidents along this section combined with an at-grade railroad cross- ing indicates that the speed limit should be lowered to 50 mph. - Council Letter. 34 • - r'� 1983 — • r� ti ,:� r.h _ ..T � .,,, Yr � a. .� -October;b Page Of- - ' 3�'/�'s� Y "r 7 •_�ili'�^L. t. '•^ �i.L�•+a Yi'. >- 'R•Y: �oy-� �� �1 �'+� q _ 'l L j ++ .� �,f�..y � �T.v� rT_ �f+�c'tf°"P���� tris ' T>«-rxz+�.�'i 4 lz� i'?75 '-Y� •{ ��j'r'rwr � Yr} 'Jr -•.v: =t3-r;sq i�j S^_�}'l're.,�)b +�a.-n+.:.. •• ..x �'! �t _,• f .� -.T ,+ s - n .�j r � ` . Based on -thes_e �results; the; fol 1 owi ng,changes are proposed. yT - A7 Existing Proposed _ :: Street Lim�f.'-`; - Speed Limit Speed Limit = 23rd College-to Washington 45 40-° Irving Washington to E. Alma - . 30- - .35 Keith Cal der to- Col l ege_ .30 50 Spur 380 Elgie to South City Limits 55 50 The exact limits for each zone are attached. It is recommended that this ordinance be adopted. Karl Nollenberger City Manager } Direction Speed Street Limits of Travel Max. Min. 23rd From a point 190 feet south North 40 of the centerline of College g to a point 420 feet north of South the centerline of Washington Blvd. Irving From a point 150 feet north North 35 (Highland of the centerline of Washing- & Connector) ton Blvd. to the centerline South of E. Alma. Keith Rd. From a point 160 feet south North 50 of the centerline of Calder & to a point 125 feet north South of the centerline of the Southern Pacific Railroad Tracks. Spur 380 (A) From a point 40 feet North 45 south of the center- & line of Euclid to a South }point 200 feet south of the centerline of Elgie. (B) From a point 200 feet North SO south of the center- & line of Elgie to the South South City Limits . NO.AGENJA ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ESTABLISH MAXIMUM SPEED LIMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 26, Section 26-23 of the Code of Ordinances of the City of Beaumont be, and the same is hereby amended to change certain speed limits on four certain streets as follows: Section 26-23: Maximums and minimums established in certain zones. Schedule of streets. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the streets or portions thereof described in the schedule below is greater in some cases and less in some cases than is reasonable or safe under the conditions found to exist upon such streets or portions thereof, and it is hereby declared that the prima facie speed limit upon those streets or portions thereof described in the schedule below shall be as therein stated, when signs are erected giving notice thereof. SCHEDULE In accordance with this section, and when signs are erected giving notice thereof, the prima facie speed limit shall be as set forth in this schedule, at all times, upon those streets or portions thereof specified herein: Direction Maximum Street Limits of Travel Speed 23rd From a point 190 feet south North 40 of the centerline of College & to a point 420 feet north of South the centerline of Washington Blvd. =- Direction Maximum Street r Limits of Travel Speed Irving From a point 150 feet north North 35 (Highland of the centerline of Washing- & Connector) ton Blvd. to the centerline South of E. Alma. I Keith Rd. From a point 160 feet south North 50 of the centerline of Calder & to a point 125 feet north South of the centerline of the Southern Pacific Railroad Tracks. Spur 380 (A) From a point 40 feet North 45 south of the center- & line of Euclid to a South point 200 feet south of the centerline of Elgie. (B) From a point 200 feet North 50 south of the center- & line of Elgie to the South South City Limits. 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. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . 2 - Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 3 - 9. _ October 6, 198 Council Letter- :41 Honorable Mayor and Members of City Council Subject: Limestone Base Material 1 Bids were taken on September 19th on furnishing limestone base material ,,.as ordered,over a one-year period, during which an estimated 5,000 tons will be required. The bids, on supplying the material loaded on the City's trucks at the vendor's plant, are-as follows: Troy Dodson, Beaumont - - (Located Highland Avenue & Cardinal) $12.27 per ton Radcliff-Materials._.. (Located -IH=10' E.- bank of Neches) 13.00 Davidson Construction Company (Located Hwy. 347-1 mile south of City limits) 12.13 Keown Supply Company (.Located 1100 Pine Street) 14.35 Keown Supply Company (Located Hwy_ 124 & Clubb East Dr.) 11.75 The two bias submitted by Keown Supply reflect the fact that the company's installation on the Fannett Road has a holding track long enough to receive train-load shipments of 50 carloads or more. However, this installation is about 16 miles from the company's Pine Street plant and the additional haul distance for the City would make the bid more costly than the higher- per-ton bids for closer yards. During the '•;st six months, the City has been purchasing the material from two plants - one in the north part of the City and one in the south part - with orders being placed with the plant closest to the job sites. The two suppliers were Dodson at $12.38 a ton and Keown at $12.40 a ton. It is re- commended that the practice of the last award be continued because of the savings in time and expense to be gained from purchasing the material from the closest plant. . ,•�` ..'yam iA�S sr r.�W�r,.•`. Q.I��, v •-+-ir" ! -i�S1 - _ j� .., =.'1 °�7[.t,1R`�I'�'�=1k-r- =!f:rl^"' jir✓s •- •�i:_ .1.•. :. r L�'3'�'-''.r s i.is _ _ _ _ _• .o � _ Counc•il•.Letter- 41 .October_ 5, 1983 . F- Page`" _ .. _. � T.�. 4" ��"' .�l��ri� t{'�! -�r r it•`5 -_ .7.T r _ 7-...r� ��,A}�'-� t --�q••�C!!''�r�z � 31.4`r 1�" S 4 n`� t� .: k i�a��`r` ' . s -+�-..+... s; � 5.:. f'..v. 'C < r t', •FS` .1.41-�+ The ids-have.been.,evaluated i n`:terms- of-_o.:'pri ces and hauling distance and it is recommended -that-the bids of-Troy Dodson Construction -and Radcliff Material s be accepted. Al though 'the .Dodson.bi d -is--73 :.cents per ton lower than the Radcliff bid, the proximity of -the Radcliff plant to work in the north part of the City makes-it the better bid. -The location of the Dodson plant, at Highland Avenue and 'Cardinal Drive, makes this company's bid more economical for work in -the south-part of the City than the lower prices quoted for plants further south and southeast. It is recommended that the Council accept the bids of Troy Dodson Construction Company at $12 ?% a ton and Radcliff Materials at $13.00 a ton, with orders to be placed w;t:: the plant closest to' the;-jab-.site. Karl Nollenberger City Manager AGIETZJA rTEK Ha R E S O L U T I O N WHEREAS, bids were received for an annual contract for limestone base; and, WHEREAS, Troy Dodson Construction Company and Radcliff Material Company , both of _Beaumont, Texas submitted bids in the amounts of $12.27/ton and $13.00/ton, respectively; and, WHEREAS, the City Council is of the opinion that the bids submitted by Troy Dodson Construction Company and Radcliff Material Company are the lowest and best bids received and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids of Troy Dodson Construction Company and Radcliff Material Company are hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to enter into contracts with Troy Dodson Construction Company and Radcliff Material Company in the amounts of $12.27/ton and $13.00/ton, respectively , for limestone base. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 I Mayor - -- October 6, 198 Council Letter 40 Honorable Mayor and Members of City Council Subject: Purchase of Ready-Mix Concrete Bids were received from three suppliers on September 19th on furnishing about 1,000 cubic yards of ready-mix concrete as needed over a six-month period. Transit Mix Concrete Company was low bidder at $56.00.a-_cabic_yard:on a five- sack mixture, plus or minus $3.90 a_sack for different mixtures and $60.40 a yard for five-sack using Type III high early cement, a quick setting type of cement, plus or minus 60 cents a sack for other mixtures. The bids were as follows: Transit Mix Cowboy Smith . Concrete Concrete Material 5-sack cement, 1-1/2" aggregate $56.50 $56.95 $56.80 Add or deduct cement at rate of 3.90/sack 4.00/sack 4.00/sack Type III High Early Cement + .60/sack 3.00/add 59.80 per c. P .Y The Transit Mix prices are higher than the C=ity has been paying under a six- month cone,a,_t now expiring with Cowboy Concrete Company, as follows: Low Bid Last Contract 5-sack mixture $56.50 :$51.00 Other mixtures 3.90/sack 4.00/sack Type III High Early Cement 6D.40 54.90 It is recommended that the low bid of Transit Mix be accepted. Karl Nollenberger City Manager AGENDA ffUff R E S O L U T I O N WHEREAS, bids were received for a six months contract for ready mix concrete; and, WHEREAS, Transit Mix Concrete Company of Beaumont, Texas submitted the following: 5 sack cement $56.50/cu . yd . add or deduct cement at rate of 3 .90 per sack Type III High Early Cement $60.40/cu. yd . and, WHEREAS, the City Council is of the opinion that the bid submitted by Transit Mix Concrete Company is the lowest and best bid received and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Transit Mix Concrete Company is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to enter into a six months contract with Transit Mix Concrete Company in the amounts listed above for ready mix concrete. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - I October 6;. 198 Council Letter 35 Honorable Mayor and - Members of City Council Subject: Ansul Fire Extinguisher School Contract The annual Ansul Fire Extinguisher School has been scheduled for March 1st and 2nd; 5th and 6th; 8th and 9th; and 12th and 13th, 1984, at the Beaumont Fire Department Training Center. The contract with the Ansul Company of Marinette, Wisconsin, for the 1984 school is basically the same as that of prior years. The agreement allows the Ansul Company to use the Training Center and facilities for the annual fire training school . The purpose of the Ansul Fire Extinguisher School is to provide training in first aid fire extinguishment for firefighting personnel from throughout the United States. The school is an excellent opportunity to acquire "hands-on" fire training. A variety of simulated fire hazards are utilized to provide students with experience in fighting several types of fires that may be encountered if a fire emergency occurs. The Ansul School affords economic benefits to the community by the various out-of-town participants, as well as visiting company personnel and instruc- tors The contract has been reviewed and approved by the City Attorney's office. I recommend adoption of this resolution. Karl Nollenberger City Manager ANSUL FIRE SCHOOL AGREEMENT THIS AGREEMENT made and entered into this 8th day of _August 1983 at Marinette, Wisconsin, by and between WORMALD U. S. , INC. (formerly known as The Ansul Company)(hereinafter referred to as "Ansul"), a Delaware corporation with its principal place of business at One Stanton Street, Marinette, Wisconsin and THE CITY OF BEAUMONT, TEXAS (hereinafter referred to as the "City"). WHEREAS, the City owns a fire training facility composed of approximately 27 acres in Beaumont, Texas (hereinafter referred to as "Fire Training Site"). WHEREAS, Ansul desires to use said Fire Training Site for the purpose of conducting fire training classes (hereinafter referred to as "Ansul Fire School") for non-employees of Ansul (hereinafter referred to as "Students") admitted to Ansul's Fire School; NOW, THEREFORE, it is agreed that for good and valuable consideration acknoti..,�dged and received: 1. The City shall provide to Ansul the following facilities ano equipment at the City's cost for the periods of time identified in Exhibit A attached hereto and made a part hereof: (a) The Fire Training Site identified in Exhibit B attached to and made a part of this Agreement; and (b) Restroom facilities located at the Fire Training Site; and (c) Classroom and office facilities (including access tc telephones) located at the Fire Training Site. The classroom facilities shall also be available to Ansul as a lunchroom 1 during the noon hour during days when classes are being conducted. (d) Such fire fighting training devices and equipment as the City usually maintains at its Fire Training Site including without limitation all liquid props and liquid fire fighting props. (e) Drill grounds necessary for all manipulative training needs encountered by Ansul in preparation for and conduct of the Ansul Fire School. (f) Sufficient parking areas to accommodate the personal vehicles of Ansul's employees and Students participating in the Ansul Fire School. 2. The City shall prior to February 15, 1984 and, at its own cost, subject to Paragraph 3 hereof: (a) Improve the gravel/shell area marked in red, as depicted in Exhibit B, to add gravel/shell so as to permit movement of fire protection equipment on the identified areas. (b) Install, in addition to the existing on-off switch, a remote switch via underground wiring to be located at the gasoline hose station as depicted on Exhibit B, if feasible. 3. Ansul shall pay to the Cicy, for use of the Fire Training Site, within 30 days of the execution of this Agreement, $5,200. If Ansul elects to increase the number of days it intends to provide training at the Fire Training Site beyond the currently contemplated use of eight (8) days, then Ansul shall pay to the City, an additional 2 6. Ansul shall be responsible for and shall hold the City free and harmless from and hereby indemnifies the City against any and all claims, damages, causes of action, loss, cost, damage and expense, including reasonable attorneys fees, arising out of or in connection with injuries (including death) to persons and damages to property sustained as a result of the sole negligence of Ansul, its agents and employees in the performance of this Agreement. 7. Ansul may terminate this Agreement by providing the City with ten (10) days advance written notice of such termination. The City may terminate this Agreement by providing Ansul with ten (10) days advance written notice of such termination provided that the City may not terminate this Agreement at any time after that date which is ninety (90) days prior to the date of the first scheduled fire training class as set forth in Exhibit A. In the event of termination of this Agreement, the City shall within fifteen (15) days of such termination return to Ansul any payment made by Ansul pursuant to Paragraph 3 hereof. Notices to be given hereunder shall be deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the other party as follows: City of Beaumont, Texas Beaumont, Texas 77704 Attention: City Manager Wormald U. S. , Inc. Marinette, Wisconsin 54143 Attention: Kent Smith $650 for each additional day it conducts training at the Fire Training Site. 4. Ansul shall use the Fire Training Site only for the purpose of conducting fire training classes, and for the preparation of the Fire Training Site for such classes. Ansul shall be provided with reasonable access to the Fire Training Site on the days provided for preparation and clean up as set forth in Exhibit A in order to discharge its obligations and exercise its rights pursuant to this Agreement. Ansul further agrees that Students so instructed shall at all times be instructed and supervised by employees of Ansul certified by Ansul as competent instructors in fire fighting techniques. Ansul shall comply with all reasonable rules and regulations of the City in its use of the facilities consistent with the purposes of this Agreemer et. tinsul shall provide, at its sole cost and expense, the following: (a) All instructors and all instruction materials necessary in Ansul's opinion to conduct the Ansul Fire School. (b) Fuels and extinguishing agents actually used by Ansul provided that the City shall permit Ansul, at no cost, to store such fuels and extinguishing agents at the Fire Training Site and permit Ansul to store its fuels in the Fire Training Site's fuel tanks. (c) Labor and material necessary to restore the Fire Training Site at the termination of this Agreement to the condition in which it was provided to Ansul, reasonable wear ano tear excepted. 8. Ansul shall carry for its benefit public liability, bodily injury, Property damage find contractual liability insurance in the amount of $300,000 for each person and $500,000 for each occurrence and $50,000 property damage. The cost of said insurance policy shall be borne by Ansul. Ansul shall Provide the City with a Certificate of Insurance evidencing such coverage no later than February 1, 1984. Ansul agrees to name the City of Beaumont as an additional insured as its interest may appear. 9. In the event of the inability of either party to perform under this Agreement due to causes beyond said party's control including by way of enumeration but not of limitation, war, fire, explosion, flood or other severe weather conditions, strike, lockout, labor trouble, accident, riot, insurrection, act of governmental authority, injunction, act of God, inability to obtain fuel, power, raw materials, labor or transportation facilities, then and in such event the disabled party shall be excused from its failure to perform under this Agreement while and to the extent so prevented, but shall resume and complete its performance after removal or cessation of such cause of failure to perform. 10. In the performance of this Agreement, Ansul is and shall remain an independent contractor maintaining complete and exclusive control over personnel it furnishes hereunder. Ansul 's personnel shall at all times remain in the employment and as employees of Ansul. 11. Nothing in this Agreement shall be considered to constitute Ansul as a representative or agent of the City or the City a representative or agent of Ansul. 12. This Agreement is not assignable by either party, in whole or in part, except with the prior written consent of the other party. 5 13. This Agreement shall be governed by the laws of the State of Texas. 14. This Agreement contains a complete statement of all arrangements between the parties with respect to its subject matter and cannot be changed or terminated orally. 15. This Agreement terminates on March 25, 1984. IN WITNESS WHEREOF, the parties have set their hands and seals on the day first above written. CITY OF BEAUMONT, TEXAS WORMALD U. S. , INC. By By Title: Title•Vice President, General Manager Attest: �ANSUL FIRE PROTECTION Attest: r 6 r . Exhibit A r Schedule of Classes Beaumont, Texas Session 1 March 1-2, 1984 Session 2 March 5-6, 1984 Session 3 March 8-9, 1984 Session 4 March 12-13, 1984 Instructor/Facility Preparation: February 27, 28, 29, 1984 Instructor/Facility Clean-up March 14-15, 1984 i i `• � ���` �."...� � [-�r!JC'!-.i �._. I I Ili�I�'ri;�'.�. �. ' I ✓' I1 // c }!;�tL)T 5NFt�s L •Qc r- ??:t rJL) rva2p L L- ' ' I J TA ti G�5 Lllv�- ♦ x . . '* NAME AND ADDRESS OF AGENCY ' . Reed Stenhouse Inc. of Illinois COMPANIES AFFORDING COVERAGES One South Wacker Drive Chicago, Illinois 606n COMPANY LETTER LETTER l'1 Hartford Insurance Company COMPANY NAME AND ADDRESS OF INSURED LETTER Lloyd's, London Wormald U.S. , Inc. COMPANY LETTER L[TTER C\+ One Stanton Street COMPANY D Marinette, Wisconsin 54143 LETTER i COMPANY E This is to certify that policies of insurance listed below nave LETTER been Issued to the Insured named above and a`re m force at this time. Notwlthstanom an requirement. I Of any contract or other document with respect to which this certificate may be Issued or may terms.a:clusrons and conditions of such y pertain.the insurance afforded by the policies described herein is subject o all the i policies. COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY Limits of Liability in Thousan s ) EXPIRATION DATE EACH GENERAL LIABILITY OCCURRENCE AGGREGATE A COMPREHENSIVE FORM 83 CESSS 0001 BODILY INJURY $ 1,000, S 1,000, '`I•' D PREMISES—OPERATIONS 6/30/84 t ❑X EXPLOSION AND COLLAPSE E PROPERTY DAMAGE % 1,000, s 1,000 I HAZARD , ®UNDERGROUND HAZARD a PRODUCTS/COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BODILY INJURY AND X❑BROAD FORM PROPERTY PROPERTY DAMAGE $ S C7DAMAGE COMBINED INDEPENDENT CONTRACTORS 1L [O PERSONAL INJURY X Broad Form Vendors PERSONAL INJURY S 1,000, w AUTOMOBILE LIABILITY i !' BODILY INJURY ❑COMPREHENSIVE FORM (EACHPERSON) $ A� { ❑OWNED (EACH ACCIDENT) $ HIRED ❑ PROPERTY DAMAGE $ ❑NON-OWNED f' BODILY INJURY AND PROPERTY DAMAGE $ EXCESS LIABILITY COMBINED B ❑ UMBRELLA FORM JU6801-02/83 - 6/30/84 BODILY INJURY AND ❑ OTHER THAN UMBRELLA PROPERTY DAMAGE $ 5,000,000, S 5,000 000 FORM f COMBINED " WORKERS'COMPENSATION and STATUTORY EMPLOYERS'LIABILITY OTHER = ]y iE AC N ACCIDE Nl. Y DESCRIPTION of OPERA110NSiLOCATIONS/VEHICLES All operations undertaken by the Named Insured, includi ng Broad Form Vendors Liability, naming Certificateholder as Additional Insured as their interests may appear. Cancellation: Should any of the above described policies be cancelled before the expiration sate thereof. the issuing com- t� pany will endeavor to mail 30 dayS written notice to the below named certificate holder. but failure re to mail Such notice shall Impose no obligation or I130111ty of any kind upon the Company. s . } NAME AND ADDRESS OF CE RTIF ICAT E HOLOE F F City df Beaumont Texas DxTE ISSUE-, 1283 i P.O. Box 3827 REED STENliOUSE INC OF ILLINOIS Beaumont, TX 7770-' � , ` ATTN: City Manager Y /� ;tACOPO as(I.7s NO. R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract, in the form attached hereto and made a part hereof, with the Ansul Company for use of the Fire Department Training Grounds. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - CONSENT AGENDA OCTOBER 11, 1983 * Approval of Minutes a. A resolution authorizing payment for 1984 New York Times microfilm service. b. A resolution accepting the work as complete and authorizing final payment to the contractor for the demolition and re- moval of a structure at 2245 Hebert. c. A resolution authorizing renewal of a maintenance contract for a copier at City Hall . d. A resolution making committee appointments. e. A resolution designating signatories for the City's deposi- tory bank. a. October 5,. 1983 f Council Letter 30 Honorable Mayor and Members of City Council Subject: Statement for Microfilm Service The Library has received a statement in the amount of $1,028 from University Microfilms International for continuation of the New York Times microfilm ser- vice in 1984. The Library has the New York Times available on microfilm from 1851 to the present date in a file that is one of its most frequently used re- sources for research work. It is recommended that the Council adopt the attached resolution authorizing payment of the statement. k'/' k�� ^ Karl Nollenberger City Manager '7ff R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay the amount of One Thousand Twenty-Eight Dollars ( $1 ,028 .00) to University Microfilms International for 1984 New York Times mi crof ilm. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - b. ...October- §,-.1982-.­- Counci 1 Letter .' 28 Honorable Mayor and Members of City Council Subject: Final Payment for Demolition of Structure at 2245 Hebert Bids were received on 'September 12th on the demolition and removal of five condemned dilapidated structures: 1490 Avenue A 1010 Finis 2245 Hebert 2065-2067 Lei per 1290 S. Major Drive At the September 20th City Council meeting, the City Council awarded the de- molition contract for the 2245 Hebert project to Ace Clark Construction Co. in the amount of $800. The contract will be paid utilizing the Demolition and Removal (Special Services) line item within the Environmental Control FY 83 budget. Inspections have been made and all work has been completed as specified in the contract. It is recommended that the final payment of $800 to Ace Clark Construction Company (A.C. Clark) for the demolition of 2245 Hebert be authorized. )�<S' nI oCQi", Karl Nollenberger City Manager N0, R E S O L U T I O N WHEREAS, on September 20, 1983, the City of Beaumont awarded a contract to Ace Clark Construction Co . in the amount of $800.00 for demolition of the structure at 2245 Hebert; and, WHEREAS, the project has been completed in accordance with the plans and specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT demolition of the structure at 2245 Hebert is hereby accepted by the City of Beaumont and the City Manager be, and he is hereby , authorized to make final payment to Ace Clark Construction Co. in the amount of $800.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 Mayor - c. 'October +, ..!— t .•�l:'r•,�=.�4. .e ;.tea 1....�. ..�.. _. _ - . _• __ = r ,; � ,Y, �;,-'.. : ..;-_:. Council Letter X31 •_ Honorable Mayor and Members of City Council Subject: Maintenance Contract This resolution would authorize a one-year renewal of the contract with Office Development System of Beaumont for maintenance of the Panasonic Copier on the second floor of City Hall at a cost of $1,850 for the period from the current month through September, 1984. The contract would include scheduled preventive maintenance calls at 60-day intervals as well as labor and parts, as necessary, for all repair calls. The cost would be $665 higher than last year because use of the copier has increased - from 10,000 copies a month to 19,000-to-20,000 a month. In the absence of a maintenance contract, the company charges a minimum of $48 an hour, plus parts, for repair calls. To illustrate the savings, the service provided the City under last year's contract for $1,195 would have cost $1,520 without the contract. In addition to the preventive maintenance calls, these services included 13 calls for minor repairs and replacement of a $229 drum. The copier was acquired in July, 1982 under a lease-purchase contract which will permit it to be purchased by July, 1985, based on monthly payments of $288.80. Last year's maintenance contract took effect in October, 1982, after expiration of a 90-day warranty. It is recommended that the Council adopt a resolution authorizing renewal of the mai• enance contract for one year. Karl Nollenberger City Manager AGEND N0 R E S O L U T I O N WHEREAS, bids were received for an annual maintenance contract for a Panasonic Copier; and, WHEREAS, Office Development Systems of Beaumont, Texas submitted a bid in the amount of $1 ,850.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Office Development Systems is the lowest and best bid received and should be accepted; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Office Development Systems is hereby accepted by the City of Beaumont and that the City Manager be, and he is hereby , authorized to enter into an annual maintenance contract with Office Development Systems in the amount of $1 ,850 .00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 - Mayor - d. October'5,'.1983 ) l•' l y�J 'mot - ' ; .� liu :`1]._...-. -.:, .� .. . - "' ui ±�e%'n4CN+YL•-__t +.� .f �^) _ :c. - a C• _C�r�i«-ryv7_Council -te - w Honorable Mayor and Members of-City Council Subject: Committee Appointments Delores R. Chevis and Emma Kyle have been nominated by Councilman Deshotel for appointment to the City Planning and Zoning Commission. Ms. Chevis would serve through July 31, 1986 - for the remainder of the term of Gerald White, who resigned. Ms. Kyle would serve out the unexpired term of Curtis Linton through July 31, 1984. It is recommended that these appointments be made. 6 `v.&& Karl Nollenberger City Manager AM lr q NO R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Delores R. Chevis be appointed to the Planning & Zoning Commission to serve the unexpired term of Gerald White to expire July 31, 1986 and that Emma Kyle be appointed to the Planning and Zoning Commission to serve the unexpired term of Curtis Linton to expire July 31, 1984. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - e. October,5, .1983 J, Counci 1 tetter: ':33 .. Honorable Mayor and Members of City Council Subject: Designation of Signatories The First City Bank-Beaumont, the new City depository under a contract ef- fective October 1st, has asked that the Council adopt a resolution designating signatories for certain special accounts - the Myrtle Corgey, City Clerk, Imprest Fund, the Cash Bond Account and the Tax Collection Agency Escrow Ac- count. The signatories would be as follows: Myrtle Corgey, City Clerk, Imprest Fund Rosemarie Chiapetta Myrtle Corgey Barbara Liming Cash Bond Account Dawn Gaudet Virginia Leon Doris McCauley Tax Collection Agency Escrow Lucy Blackstock R. J. Nachlinger The Imprest Fund is a $230-balance checking account used by the City Clerk's office to pay the fees for filing documents at the county courthouse. The cash bond account is the repository for Municipal Court Appearance Bonds. The Beaumont Consolidated Tax Agency Escrow Account was established as a re- pository for funds belonging to the City and the Beaumont Independent School District when the two were participating in the agency. Such funds included partial tax payments, pro rata tax payments and proceeds from the sale of pro- perty acquired through foreclosure for delinquent taxes. Now that the agency no longer exists, this account is expected to be closed out in the next three or four months. Karl Nollenberger City Manager AGENDA RTEM NO_ A.M R E S O L U T I O N WHEREAS, the City of Beaumont ( "City" ) recently awarded a depository agreement to First City National Bank of Beaumont; and, WHEREAS, on the 6th day of September, 1983 by Resolution R-83-310 the City of Beaumont named Karl Nollenberger, City Manager; Myrtle Corgey , City Clerk; and Robert J . Nachlinger, Finance Officer as those persons who are authorized to sign checks, drafts, notes or orders of the City of Beaumont on accounts at First City National Bank in the name of the City of Beaumont; and, WHEREAS, the City desires to amend such signatories as to the following three ( 3 ) specific accounts: 1 ) "Myrtle Corgey , City Clerk , Imprest Fund" ; 2 ) "Cash Bond Account" ; and, 3 ) "Tax Collection Agency Escrow" ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT First City National Bank of Beaumont be, and the same is hereby authorized to make payments from the following three ( 3 ) accounts on and according to the check , draft, note or order of the City of Beaumont when signed by any two ( 2 ) of the officers of the City of Beaumont whose names are found herein following each account name : "Myrtle Corgey , City Clerk , Imprest Fund" Rosemarie Chiappetta Myrtle Corgey Barbara Liming "Cash Bond Account" Dawn Gaudet Virginia Leon Doris McCauley Annie Mae Eckols "Tax Collection Agency Escrow" Lucy Blackstock R. J . Nachlinger BE IT FURTHER RESOLVED that any of the persons above named are authorized, on behalf of the City f Beaumont,t, and in its name to endorse, negotiate and receive, or authorize the payment of the proceeds of any negotiable or other instrument for the payment of money payable to or belonging to the City of Beaumont. BE IT FURTHER RESOLVED that the foregoing resolution shall be an amendment to Resolution R-83-310 passed the 6th day of September, 1983 and shall continue in full force and effect until written notice of revocation, duly passed by the City Council of the City of Beaumont, or a certified copy of a subsequent resolution of the City Council pertaining to matters herein shall have been actually received by First City National Bank of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - 2 - WORK SESSION AGENDA OCTOBER 11, 1983 CITY COUNCIL CHAMBERS 1. Discussion of Punicipal Utilities Policy. 2. Discussion of agreement for fixed base operator at Beaumont Municipal Airport. f. ..~. "W/S October 7, 1983-. Nr 1 _ r r t - .tom �5�.�� W7f[�.'.`f d •{+� �ies',."'2• :� r S tiY"+.• ti.* �'-•'k. �� s.: ''�y�-_,�yy.� .s-� .X:s►.t�`.c;. ,r.. fR.,.,�. .� Council Letter 43 . . • � •+.'�� �i c A .+.�'"�f aG;x-34.7►�s..�3- s� �Y ..- - err'S�_ �.•`'o .�.i?: �--i_ _ - - �-. Honorable Mayor -and Members of City Council -- Subject: _ Municipal Utility Extension Policy We have attached for your review a draft resolution speaking to the circum- stances under which this City would .extend water or sewer services outside its corporate limits. The language in the resolution has been discussed with the Legal and Planning staffs and meets planning as well as enforceability criteria. Karl Nollenberger City Manager Draft 10/6/83 R E S O L U T I O N WHEREAS, the City Council desires to adopt a policy to determine the circumstances under which the City of Beaumont will extend water or sewer services outside the city limits; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: When the City of Beaumont is requested to provide water or sewer services to a location outside the city limits, the following conditions must be met, unless waived by the City Council: 1 . The proposed use of the property must be in accordance with the city' s comprehensive plan. 2 . The owner of the property must execute a contract for payments to the city in lieu of taxes. 3 . If the property to be served is in a utility district, the owner must either obtain deannexation of the property from the district or obtain a release from the district allowing the city to annex the property . 4 . The property to be served should be appropriate for annexation within seven (7 ) years. 5 . The city must receive satisfactory assurances that all construction will be in accordance with all codes and ordinances of the city . 6 . The City Council may request a recommendation from the Planning and Zoning Commission. t v 8 . The above guidelines will not apply to extension of service to a single-family dwelling, so long as such single-family dwelling is constructed in accordance with the codes of the City of Beaumont. The City Manager is hereby authorized to provide water 'and sewer service to a single-family dwelling. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 Mayor - 2 - W/S October 6, 1983 ?• Council Letter 37 Honorable Mayor and Members of City Council Subject: Airport Fixed-Base Operator Agreement Amendment On October 4, 1983, the City Council discussed proposed amendments to the City's agreement with Professional Aviation Services Company. The attached exhibits provide additional information requested by the City Council for further discussion in Council Work Session on October 11, 1983. The first exhibit presents some basic indicators of airport activity. The indicators illustrate the decline in general aviation activity resulting primarily from general economic conditions. Activity is projected to in- crease in the short-term future. The second and third exhibits present actual and projected revenues from fixed-base operator agreements. The pro- jections incorporate airport activity projections, an assumed inflation rate of approximately 5%, and tie-down fee changes anticipated in the Airport Action Plan. Karl Nollenberger City Manager CITY OF BEAUMONT URBAN TRANSPORTATION DEPARTMENT MUNICIPAL AIRPORT ACTIVITY SUMMARY Actual Projected ACTIVITY FY'81 FY'83 FY'85 FY'87 Take-off and Landings 44,000 36,250 40,500 42,500 (est) Fuel Sales, Gallons 173,100 140,750 157,900 166,000 Based Aircraft 75 85 90 94 (est) CITY OF BEAUMONT URBAN TRANSPORTATION DEPARTMENT MUNICIPAL AIRPORT REVENUES RELATED TO PROFESSIONAL AVIATION SERVICES CO. AGREEMENT REVENUES Actual Pro4ected - FY'81 FY'83 FY'85 FY'87 Space Lease Terminal 4 7,700 $ 7,700 $8,350 $ 9,350 Hangar 5,800 4,350 4,800 4,900 Tie-down Fees 2,100 1,200 3,000 4,800 Fuel Flowage Fees 2,700 2,100 4,900 5,100 TOTAL $18,300 $15,350 $21,050 $24,150 Notes: (1) Approximately 5% inflation rate assumed. (2) Tie-down rate increases assumed as scheduled in Airport Action Plan. (3) Contract Modified, May 1982: a.) Hangar rent changed from $250/mo to $200/mo. b.) hangar apron changed from 9300 sq. ft. , $46.50/mo to 21,300 sq. ft. , $106.50/mo. c.) Hangar storage fees changed from city share of fifty percent (50%) to City share of,..fifty percent .(50%) o£.. gross aircraft storage fees in excess of $300/mo. CITY OF BEAUMONT URBAN TRANSPORTATION DEPART11ENT MU14ICIPAL AIRPORT REVENUES RELATED TO GOLDEN T AIR FLIGHT SERVICES AGREEMENT REVENUES Actual Projected FY'81 FY'83 FY'85 FY'87 Space Lease $ 2,800 $ 2,800 $ 3,400 $ 4,200 Fuel Flowage Fees 2,500 2,000 4,600 5,600 Tie-down Fees 600 1,000 2,000 3,500 TOTAL $ 5,900 $ 5,800 $10,000 $13,300 Notes: (1) Approximately 5% inflation rate assumed. (2) Tie-down rate increases assumed as scheduled in Airport Action Plan. ' - _�r•�sue:-,y`-Kiss,-"#��.:.:: . . • October -6,- 1983 r _• a-r sj,:r:� _ -..-rjlj"�• �1.:.'ar.•.%i•-. _ t���r� ..-•. ,t--�^..i�:.,�`t.: �' �..r--..j.--�•- � '• �;?�r}y�t�t .• ./�� — I•� v+•.�':: •�/ _tY/`�' ;.,y 1. ..1�1X�• : •✓ . �.w. !-ar-' :±,•..��Y-«y�,I�, .r• l..—t _-:f�• : .,� .i1��:,�r`. •- 1'� .r «.I ^psi;• .f �i� No3a' _ }t�:'^l� s ': .�. _ _l� y„f- _+ wtt iL:.r♦��.♦•I'a�••J .y Y..�.. •'r'_Y. -. - �.T`...�•Jy .I� %'S- �,+� � l• •~ ✓� ^Jaf'•y !to-•r /a�` NY�Ii�^►-i.1.M•i f.:•�L:Ia.1,..��r � Y7 - :Council: etter:_:3? -, ,�;� '•`�'-.y_�. . .4-7 v►•:sr�.-.:7: • '..-�:.�a- •..fT•�r+� i•A'l"ta`VJ �` ,►�.._. .t� /a� -. - .-r-- :.... :F..' _��1.r4 a��'+.'�•:a'i'w�!y'►y t� �,,.t�l��.'L-.�`7i3fL •assn i.y^•'1'�,.�'-n'��•-i`�-�y��w�i r+..�•;(r.l�,.y�••,_ -..:• •v. -r. __ .. G �•:'!-t�.:^a:f.y S- :X�!_}•• .r7sr. :�5 ,��7 : c � ;_7Z ^'�.«'..!' •` Honorabl a Mayor and Members of City Council Subject: Airport Fixed-Base Operator Agreement Amendment - Professional Aviation Services Company initially entered into an agreement with the City on January 25, 1980. The agreement was amended on March..18, 1980; February 2, 1981, and May 25, 1982. The agreement related to the company's lease of space and provision of services at Beaumont Municipal Airport- as a fixed-base operator (FBO). The airport's previous FBO had gone out of business and the City constructed a new terminal building with lease space available. After receipt and review of proposals for professional FBO services, Profes- sional Aviation Services Company was .selected to operate at Beaumont Municipal Airport and a five-year agreement was executed. In April , 1980, a second FBO, Golden-T Air Flight Service, entered into a twenty-year agreement with the City for provision of services as an FBO, constructing its own facilities on leased land. Both FBO agreements have been amended over the past few years. Professional Aviation Services Company approached the City to request a five- year extension of the term of the agreement. At that time, the owners of the company were considering sale of their interests and a longer term agreement would be of greater value. The FBO has indicated that it has no current plans for such a sale. The FBO also suggested that fuel flowage fees and rent be tied to an index which would automatically adjust City revenues during the ex- tension period. In addition, the FBO suggested that provisions could be made to assist the City in other areas, such as elimination of the City's contract --for fuel and direct purchase by the FBO. .:Currently, -the City purchases fuel and the FBO obtains -its fuel from -the City. This arrangement, once desirable under threat of fuel allocations, is not currently necessary. The City staff and FBO negotiated the terms of a proposed agreement. The agreement was reviewed by the Airport Advisory Committee at its meetings on August 3rd and September 7th. At the September 7th meeting, the committee voted (6-2) to recommend the proposed agreement to the City Council . A copy of the proposed agreement is attached. The amendment features are identified below: 1. The term of the agreement is extended from January 31, 1985 to May 31, 1990 (Section 1). 2. The option to alloy the FBO to: (1) operate or, (2) maintain and operate tie-dorms is made available. Although the cur- rent practice of the FBO operating and the City maintaining tie-downs will continue, this provides flexibility in the future (Section 2.D) . . '� 5�..►^�y^• - - �aa`ti's=�i�I�r~,y. •r�•� - ....� � ..y -; .. •I... ` r -may I+ y� _(y •^!r _ r L • 'J"••r•w.��� A f' .. JJ4 ^.+'r'y�'' •'w. .�rr..�y P r �'1. '.may L' �' ,•y:f^'t .r .•r� �' it- 44-: -t 1•. r .1 _ .y- j_ r�-van '•. .q(♦ Y1 /*-•� ♦ •Y.f.-,. '•u•/}.A �.. .. Lounc�i): terms�. w�y '"+ • ' ..:sr�}i•^ ;f. t, fnl ._7�5� r �!l;.y' '• - - October;' 1 `�"+ - ,�' :ice``. �'' 76e.ability jto change:the' aide' or vse=;of= 'he, i_g�t r��nng r. `.room eill: Sectibrim ..y • ,s - - 4. Adjustments',to -charge rioffi ce�pace, angar_biiil di ng space; and parking ramp spacer:are,identiiedfor=year _1985 through 1990. -The dates and methods. of"--adjustment have been selected to provide an equal treatment of the FBO in relationothe:,:_; �_ - City's agreement with Golden T-Air F1.ight''Service_jSection ) '-`''< --,-��"-: •• `st Late charges for all g payments would begin on the .aay payments .are due. In the current agreement,- charges do not begin until - two-weeks after the payments are due (Section 4). - - _ 6. The fuel contract between the City and Tech-Jet, -Inc. is as-. sumed by the FBO. The City previously held the contract pri- marily to maintain fuel allocations. The possibility of a fuel ' allocation limit is low at present, and a direct agreement between the FBO and fuel supplier allows a more efficient flow of records- and payments (Section 5). 7. The City would receive three cents per gallon for each gallon delivered to FBO, rather than each gallon sold as in the cur- rent agreement (Section 3). 8. Adjustment to the fuel -flowage fee are identified for the years 1985 through 1990. in a manner consistent with -the City's agreement with Golden-T-Air Flight Service (Section 5). - 9. City provision of fuel tanks and pumps is clarified in the agreement to match current practice (Section 5). 10. The provision regarding FBO monitoring and operation of the Aeronautical Advisory Radio (UNICOM) is clarified (Section 6.C.) 11. " The provision relating to.notice of-deficiency or:default which' may result in termination of the agreement by the City would now allow such notice from either the City Manager or Director of Urban Transportation (Section 30). 12. A section is included which would require City approval of any sale of interest in the FBO (Section 31). 13. -. A section is added which would allow the City to .require a renegotiation of the agreement -i f revenues or profits of the FBO increase by more than fifty percent in a twelve-month Period. In the event of such an increase, it is likely that the FBO would be the only FBO at the Airport and a renegotia- tion may be desirable.(Section '32). The amendment will allow more efficient operation by the FBO and City relative to the Airport. In addition, City safeguards regarding the sale of interest in the FBO allow greater City control over the quality of FBO-related ser- vices. _ .. .7:-. .Y t'i^:� r:'.;1 ..i •��..•.�.�' �r• �r'rj, yam.-, .. •..�• r � r ,.,. _ '.tounci�, etter.� 3 h ".� X, -�.< : �, y• ':.^ ,:• :F: '- - Qc r'tob 6 1983 - 9e� i Gy_Dfi ahe;C?ty . as been=to equally support oth'=FBO'S: =An attempt.�as- i;*. been"made.to:=incorporate._•equa7;:provisions :in.each FB0_agreement.and their''�•�: '`I+' _`' amendments to:the maximum extent practical.-' This .allows the FBO's to .compete__. :.on a basis which al]ows" equal opportunity _-Approval of am_ en_dmentis _reco mmend_ed."' - ,•�..�r' �� _ _ _ Y r- _ i Karl Nollenberger.= Ci ty Manager- cc: Joe Ternus, -Urban -Transportation Director Robert Nachlinger, Finance Officer STATE OF TEXAS 5 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON S FIXED BASE OPERATOR AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY of Beaumont, Texas, a municipal corporation, hereinafter called "CITY", and Professional Aviation Services Company, a Texas Corporation, herein called 'Fixed Base Operator" or "FBO". The CITY and the FBO, for and in consideration of the rents, covenants and agreements hereinafter contained, mutually covenant and agree as follows: 1. Te rm The terms of this agreement shall be effective until May 31, 1990. 2. Leased Premises and Rentals CITY does hereby lease unto FBO the following premises located at the Beaumont Municipal Airport: A. FBO shall lease from CITY approximately six hundred forty-three (643) square feet of office space, as shown on Exhibit A attached hereto, in the terminal building at a rental of Six Hundred Forty-Three and No/100 ($643.00) Dollars per month. B. FBO hereby leases from CITY the large hangar building, as shown on Exhibit B attached hereto, as is on the effective date of this agreement, containing ninety-four hundred (9,400) square feet at a rental of Two Hundred and No/100 (5200.00) Dollars per month plus fifty percent (508) of gross aircraft storage fees in excess of $300.00 per month. C. FBO hereby leases from CITY the parking ramp adjacent to the large hangar, as shown in Exhibit B attached hereto, containing twenty-one thousand three hundred (21,300) square feet, at a rental of one hundred six and and 50/100 ($106.50) Dollars per month. r ' D. The CITY may permit FBO to operate the tie-downs pr a portion thereof or the CITY may permit FBO to operate and maintain • the tie-downs or a portion thereof. 1. If the CITY permits F130 to operate the tie-downs, or a portion thereof, FBO may retain fifty percent (508) of they gross revenues received from the rental of the tie-downs. 2. If the CITY permits FBO to operate and maintain r the tie-downs or a portion thereof, FBO may retain seventy-five (758) percent of the gross revenues received from the rental of the tie-downs. E. FBO shall have the right to use the flight training room in the new terminal building at an hourly charge of Two and 50/l0U ($2.50) Dollars per hour. Upon thirty (30) days written notice to FBO, the CITY may modify the flight training room hourly charge. 3. Rentals All charges for office space, hangar building space and parking ramp space are subject to annual adjustment. Said annual adjustment shall commence on January 1, 1985 and each subsequent January 1 thereafter during the term of this lease. A. For the year 1985, the monthly rental for the office space may be adjusted at the option of the CITY to the lowest of the following: 1 . Thy monUrly rental specif icu in the C1'1'Y's standards applicable to commercial aeronautical activities at the airport. 2. Six hundred forty-three and no/100 ($643.00) dollars per month increased by the percentage increase in the consumer price index nationally between May, 1982, and October of 1984; or 3. Seven hundred fifteen and no/100 (5715.00) oollars per month. B. For the year 1986, the monthly rental may be ao3usted at the option of the CITY to the lowest of the following: 2 r , 1. The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the airport. 2. The monthly rental effective during the year 1985 increased by the percentage increase in the consumer price index nationally between October, 1984, and October, 1985; or 3. Seven hundred seventy-five and no/100 ($775.00) dollars per month. C. For the year 1987, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the airport. 2. The monthly rental etfective during the year 1986 increased by the percentage increase in the consumer price index nationally between October, 1585, and October, 1986; or 3. Eight hundred forty and no/100 ($840.00) dollars per month. D. For the year 1988, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the airport. 2. The monthly rental effective during the year 1987 increased by the percentage increase in the consumer price index nationally between October, 1986, and October, 1987; or 3. Nine hundred ten and no/100 (5910.00) dollars per month. E. For the year 1989, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's standaras applicable to commercial aeronautical activities at thr airi.ort. 3 - ' I 2. The monthly rental effective during the year 1988 increased by the percentage increase in the consumer price index nationally between October, 1987, and October, 1988; or 3. Nine hundred eighty-five and no/100 ($985.00) dollars per month. F. For the year 1990, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in ths.- CITY's; standards applicable to commercial aeronautical activities at the airport. 2. The monthly rental effective during the year 1989 increased by the percentage increase in the consumer price index nationally between October, 1988, and October, 1989; or 3. One thousand seventy and no/100 (51070.00) dollars per month. G. For the year 1985, the monthly rental for the hangar building space may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the airport. 2. Two hundred ($200.00) dollars per month plus fifty (5U%) percent of gross aircraft storage fees in excess of three hundred ($300.00) dollars per month increased by the percentage increase in the consumer price index nationally between May, 1982, and October of 1984; or 3. ' Three hundred thirty-five and no/100 (5335.00) dollars per month. H. For the year 1986, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's standaras applicable to commercial aeronautical activities at the airport. - 4 - r 2. The monthly rental effective during the year 1985 increased by the percentage increase in the consumer price index nationally between October, 1984, and October of 1985; or 3. Three hundred sixty-five and no/100 (5365.00) dollars per month. I. For the year 1987, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1. The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the airport. 2. The monthly rental effective during the year 1986 increased by the percentage increase in the consumer price index nationally between October, 1985, and October of 1986; or 3. Four hundred and no/100 ($400.00) dollars per month. J. For the year 1988, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's , standards applicable to commercial aeronautical activities at the airport. 2. The monthly rental effective during the year 1987 increased by the percentage increase in the consumer price index nationally between October, 1986, and October of 1987; or 3. Four hundred thirty-five and no/1U0 (5435.00) dollars per month. K. For the year 1989, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the airport. it - 5 - 2. The monthly rental effective during the year 1988 increased by the percentage increase in the consumer price index nationally between October, 1987, and October of 1988; or 3. Four hundred seventy and no/100 (5470.00) dollars per month. L. For the year 1990, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1. The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the a i rport. 2. The monthly rental effective during the year 1989 increased -by the percentage increase in the consumer price index nationally between October, 1988, and October of 1989; or 3. Five hundred ten and no/100.(5510.00) dollars per month. M. For the year 1985, the monthly rental for the parking ramp space may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's . standards applicable to commercial aeronautical activities at the airport. 2. One hunared six and fifty/100 (5106.50) dollars per month increased by the percentage increase in the consumer price index nationally between May, 1982, and October of 1984; or 3. One hundred twenty and no/100 ($120.00) dollars per month. N. For the year 1986, the monthly rental may be adjusted at the option of the CITY to,the lowest of the following; 6 - 1. The monthly rental specified in the C1TY'b standards applicable to commercial aeronautical activities at t►.e airport. 2. The monthly rental effective during the year 1985 increased by the percentage increase in the consumer price index nationally between October, 1984, and October of 1985; or 3. One hundred thirty and no/100 (5130.00) dollars per month. U. For the year 1987, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at th,c airport. 2. The monthly rental effective during the year 1986 increased by the percentage increase in the consumer price index nationally between October, 1985, and October of 1986; or 3. One hundred forty and no/100 ($140.00) dollars per month. P. For the year 1988, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1 . The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the airport. 2. The monthly rental effective during the year 1987 increased by the percentage increase in the consumer price index nationally between October, 1986, and October of 1987; or 3. One hundred fifty-five and no/100 (5155.00) dollars per month. p. For the year 1989, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1. The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the airport. 2. The monthly rental effective during the year 1988 increased by the percentage increase in the consumer price index nationally between October, 1987, and October of 1988; or 3. One hundred seventy and no/100 (S170.00) dollars per month. R. For the year 1990, the monthly rental may be adjusted at the option of the CITY to the lowest of the following: 1. The monthly rental specified in the CITY's standards applicable to commercial aeronautical activities at the airport. 2. The monthly rental effective during the year 1989 increased by the percentage increase in the consumer price index nationally between October, 1988, and October of 1989; or 3. One hundred eighty-five and no/100 ($185.00) dollars per month. 4. Payments Except as otherwise provided, all payments shall be made no later than the 10th day of the month following the month for which the payments are due. If said FBO payment, or any portion thereof, is not paid by the 10th day of the month, FBO shall pay a late charge of one and one-half percent (1 1/28) per month on the outstanding balance. 5. Fuel CITY shall assign and FBO shall assume the current fuel contract with Tech-Jet, Inc. , P. O. Box 4, Lovefield Terminal Building, Dallas, Texas 75235, and shall pay any and all penalties, if any, for assignment of said fuel contract. FOB may provide facilities for dispensing jet fuel. FBO shall obtain and maintain an aviation fuel allocation agreement from an aviation fuel supplier. FBO shall pay CITY a sum of three cents (S.03) - 8 - per gallon for each gallon delivered to F130 at beaumont Municipal Airport. City shall provide a minimum of one fixed, metered, filter-equipped dispenser and two, eight thousand (8,000) gallon underground tanks, as shown on Exhibit B attached hereto, for- providing standard grades of aviation gasoline. FBO shall maintain gasoline tanks, pumps and all other equipment used in the delivery of gasoline. All fuel services shall comply with all federal, state and local laws, ordinances, regulations and standards. For the term of the agreement following April 10, 1985, the fuel fee shall be the lowest of the following: 1. The per gallon flowage fee established by the CITY's standards applicable to fuel services to the Beaumont Municipal Airport; or 2. Six cents (6je) per gallon; or 3. Three cents (3je) per gallon increased by the percentage increase in the consumer price index nationally between April, 1980, and March, 1985. 6. Services to be performed by FBO FBO shall perform the following services at reasonable charges: ' A. FBO shall provide petroleum lubricant, oil and other items necessary for the normal operation of aircraft using the facilities; B. FBO shall provide equipment to wash aircraft, inflate tires, change aircraft engine oil, and conduct minor repairs and services not requiring a certified mechanic's rating; C. FBO shall maintain listening watch and operate the Aeronautical Advisory Radio (UNICOM), provided by and maintained by CITY, subject to any radio operating procedures established by the City Manager or his designee; D. FBO shall have installed at its expense in the new terminal building a telephone available to the public at all times; 9 - E. ri3o shall provide loading, unloading and towing 'services; F. FBO shall provide primary flight instruction and training services; G. FBO shall provide aircraft, airframe and engine repair, maintenance and overhaul services. 7. optional Services to be Performed by FBO FBO may perform the following services. A. Sales and rental of new and used aircraft; b. Aircraft charter services; C. T-Hangar storaye; D. Ramp parking and tie-down services. B. Standards to be met by FBO FBO shall meet the following minimum standards and requirements: A. Aircraft Line and Miscellaneous Services 1 ) Fueling and Lubricating Oil Sales ana Service. FBO shall demonstrate, to the satisfaction of the CITY, that satisfactory arrangements pr agreements have been made with a reputable aviation lubricant distributor who will proviu- FBO an enforceable agreement, to purchase lubricants in such quantities as are necessary to meet the requirements set forth herein. Fueling and lubricant sales, and introplane delivery of aviation.f uels, lubricants and other related petroleum products shall be available to the public a minimum of twelve (12) hours per day from 7:00 a`.m_ to 7:00 p.m. each day. However, -no service shall be required on the 25th day of December and the lst day of January 10 - on the odd-numbered years. FBO shall maintalii an emergency call out service at all other hours. 2) Loading, Unloading and Towiny FBO shall provide adequate loading, unloading, and towing equipment to move aircraft safely and efficiently. B. Primary Flight Instruction and Training. FBO shall provide the following: 1 ) At least one (1) properly certified flight instructor to instruct stucent pilots at dual and solo flights in fixed wing aircraft; 2) Such relatea ground school instruction as is necessary for and preparatory to a student's licensing; 3) Training to meet the continuing requirements tur certification by the Federal Aviation Administration; 4) Certified pilots and instructors in sufficient numbers, never less than one (1) , to meet the demands of the students engaged in flight training. C. Aircraft Airframe and Engine Repair, Maintenance and Overhaul. FBO shall provide Federal Aviation Administration approved airframe, power plant and accessory over-haul and repair services on general aviation aircraft, including the following services: 1) Sufficient hangar space to house any aircraft upon which airframe or engine repairs are being performed; 2) Suitable inside and outsiae storage space for aircraft before and after repair and maintenance have been completes; i 1 J 3) Adequate shop space to house equi(dnunt and udc- ' quate equipment and machine tools, jacks, lifts, and testing equipment to perform overhauls as required for FAA certification and repair of parts not needing replacement on general aviation aircraft; 4) An inventory of readily expendable spare parts, or adequate arrangements for securing spare parts, required for the type and model of aircraft sold by FBO; 5) At least one (1) FAA certified airframe and power plant mechanic available at least eight (8) hours per day Monday through Friday. Provided, however, that on the following holidays - the lst day of January, the 4th day of July, Thanksgiving Day, Labor Day, and the 25th day of December - the mechanic may be available on an 'on call' basis. D. New and Used Aircraft Sales and Rental Activity. If FbO provides new and used aircraft sales aqd rentals, the following services must be provided by FBO. 1 ) Suitable office space for consumating sales anu rentals ana the keeping of proper records in connection therewith; 2) Hangar storage space for at least one (1) aircraft to be used for sales or rentals; 3) For rentals, at least one (1 ) air' worthy aircraft, properly maintained and certified; 4 ) For sales of new aircraft, a sales or distribu- torship franchise from a recognized aircraft manufacturer and at least one (1 ) demonstrator model of such aircraft;. 5) Adequate facilities for servicing and repairing; 12 - 6) A certified pilot capable of oemonstrating new aircraft for sale or for checking other pilots in rental aircraft. Said pilot shall be available eight (8) hours per day, Monday through Friday; 7) Current specifications and price lists for models of new aircraft sold; 8) Proper check lists and operating manuals on all aircraft rented and sold. E. Aircraft Charter Activity. If provided by the FBO, the following services must be provided: 1) Adequate table, desk or counter for checking in passengers, collecting fares, and handling luggage; 2) Properly certified aircraft with properly certified and qualified operating crews; 3) FBO shall comply with all Federal, State and local laws, ordinances, and regulations which relate to the provision of aircraft charter services. 9. Approval of Rates and Charges FBO shall maintain a schedule of rates and charges iur all services provided. CITY reserves the right to regulate and require prior approval of any of said rates ana charges. 10. Taxes and Assessments F bO shall pay, when due, all taxes, ad valorem or otherwise, and all special assessments assessed against any ` property owned by FbO or leased by FBO hereunder.. 11. utilities Fbb shall provide at its expense a11 -utilities servicin-j facilities leased by FBo hereunder, except in the new terminal builaing. 12. Maintenance FbO shall, at its expense, maintain all facilities and premises leased to it hereunder, except in the new terminal building. 13. Subleases FBO may not sublease or sign any portion of this agreement or any of the premises leased to FBO hereunder to any other person, firm, or corporation without the prior consent, in writing, of CITY. 14. Indemnity and Insurance A. Indemnity F bO shall indemnify, defend, and hold harmless, CITY, its officers, agents and employees from any and all liabilities, demands, actions, losses, damages and costs, including all costs of defense thereof caused by or arising out of, or in any way related to FBO's use or occupancy of the leased premises or occurring on the leased premises during the term of the lease or caused by, arising out of, or in any way related to — operations conducted by FBO including claims, liabilities and actions based upon acts, omissions, or negligence of the CITY, its officers, agents, and employees. Upon demand, FBO shall, at its own expense, defend CITY, its officers, agents, and employees, ; through counsel acceptable to CITY, against any and all liabilities, claims, demands, actions, losses, damages and costs. B. Insurance LESSEE shall purchase and maintain in full force and effect insurance as provided herein, with the City of Beaumont as a named insured. A certificate of insurance, or a copy of the insurance policies, shall be furnished to CITY and shall provide that the CITY shall receive ten (10) days prior written notice before any change or cancellation of any policy. The limits established herein may-.be modified by prior written consent of the City Manager. 14 — 1) Aircratt Liability Bodily Injury (each, accident): Sl00,000/S3UO,000 Passenger Liability;.. S 75,000 (each accident): per passenger Property Damage $100,000 (each accident): 2) Comprehensive Public•Liability and Property Damage, including contractual liability Bodily Injury (each accident): $300,000 Property Damage $100,000 (each accident): Broad from liability endorsement for G222 shall be included. 3) Hanoarkeeper's Liability $250,000 per accident 4) Products and Completed Operations Bodily Injury - $300,000 Property Damage - $100,000 5) Student and Renter's Liability $25,000 per accident, excluding passengers 6) Motor vehicle Liability Bodily Injury - $250,000 per person $500,000 per occurrence Property Damage - $100,000 per occurrence 7) Statutory Worker's Compensation Should any insurance required by this contract lapse, the Fixed Base Operator shall immediately cease all operations as of the time and date of such lapse covered by such contract at the Airport and FBO shall not resume any operations until authorized by the City Manager. If the lapse period extends fifteen (15) days, the contract shall automatically terminate. 15. Compliance with Rules and Regulations FE50 shall comply with all rules and regulations of the Federal Aviation Administration and the laws of the United State.% - 15 - of America, the State of Texas, and all laws, regulations and ordinances of the City of Beaumont as they now exist or may hereafter be enacted or amended. 16. Nondiscriminatory Service to Public FBO promises and agrees that if a service such as the furnishing or sale of any aeronautical parts, materials or supplies essential to the operation of aircraft at the Beaumont Municipal Airport is rendered to the public, FBU shall furnish said service and repair, on an equal, and not unjustly discriminatory, basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit of service; provided, however, FBO may be allowed to make reasonable: and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. . 17. Surrender of Possession At the expiration of this agreement FBO promises and agrees to deliver unto CITY the leased premises in as good condition as of the date of execution of this agreement, reasonable wear and tear excepted. 18. National Emergency CITY reserves the right during the time of war or national emergency to lease the landing area or any part thereof to the United States Government for military or any such use provided that if any such lease is executed, provisions of this agreement shall be suspended insofar as they are inconsistent with the provisions of the lease to the United States Government. 19. Subordination This agreement shall be subordinate to and subject to the provisions of any existing or future agreement between the CITY and the United States relative to the operation or maintenance of the airport, the execution of which has been or may 16 - 1 be required as a condition precedent to the expenoiture of federal funds for the development of the airport. 20. Nondiscrimination FBO, in the operations to be conducted pursuant to t)ie provisions of this agreement and otherwise, shall not discriminate a.gainst any person or group of persons in any manner prohibited by Part 15 of the Federal Aviation Regulations or any amendments thereto. FBO for himself, his heirs, personal representatives, successors, and assigns, does hereby covenant and agree to maintain and operate all facilities and services authorized hereunder in compliance with all the requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally-Assisted Programs of the Department of Transportation, effectuation of Title 6 of* the Civil Rights Act of 1964, and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, CITY shall have the right to terminate this agreement and to re-enter and repossess said land and the facilities thereon, and to hold the same as if this agreement had never been made or issued. FBO, for himself, his personal representatives, successors in interest, and assigns does hereby covenant and agree that (1) no person on tf�e grounds of race, sex, color, or national origin, shall be excluded from participation, denied the benefits of or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over and under such land and the furnishing of services theeon, no person on the grounds of race, sex, color or national origin shall be excluded from participation in, or denied the benefits of such improvements or services, or otherwise be subjected to discrimination; and (3) that FbO shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of 17 - the Secretary, Part 21, Nondiscrimination in Vederally-Assistea Programs of the Department of Transportation, effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants herein, CITY shall have the right to terminate this agreement, and to re-enter and to repossess said premises and facilities, and hold the same as it this agreement had never been made or issued. 21. Audit and Financial Requ)ations CITY shall have the right through its agents and employees to audit and examine at all reasonable times each of FBO's books and financial records which may be reasonably required by CITY in order to enforce the terms of this agreement or to evaluate FBO's performance thereof. FBO shall maintain fuel inventory records on a daily basis. Financial records will be maintained with such adequacy so as to allow identification of the source of all revenue. Monthly rentals and fuel payments will be made to the CITY accompanied by a remittance form as provided by the CITY. 22. Airport Certification I FbO shall comply with all rules that pertain to this operation under the Airport Certification Rules of the FAA. 23. Inspection The CITY shall be permitted to enter and view the premises at any and all times for the purpose of inspecting or maintaining such premises and doing any and all things with reference thereto which the CITY is obligated to do or which may be deemed necessary or desirable for the proper conduct and operation of the beaumont Municipal Airport. 24. Use of Premises FBO shall not use the leased premises or any portion thereof for any purposes other than the operation of an airport. - l6 - 25. Co-Partnership Disclaimer It is mutually understood and agreed that nothing in this agreement is intended or shall be construed as in any way creating or establishing the relationship of partners or co-partners between the parties hereto, or as constituting the Fbu as an agent or representative of the CITY for any purposes or in any manner whatsoever. 26. Notices Any notice to the CITY shall be sufficient it sent by certified mail, postage prepaid, addressed to the City Manager, City of Beaumont, Texas, P. O. Box 3827, Beaumont, Texas 77709. Any notice to F130 shall be sufficient if hand delivered or sent by certified mail, postage prepaid, addressed to FBO at the following address: Professional Aviation Services, Co.., P. O. Box 7719, Beaumont, Texas 77706. 27. Time of Essence Time is of the essence of each and all the terms and provisions of this agreement, and theterms and provisions of this agreement shall extend to and be binding upon and inure to the benefit benefit of the heirs, executors, administrators, successors and assigns of the respected parties hereto. 28. Sale of Alcoholic Beverages It is specifically agreed by the parties hereto that the sale of beer, wine, and other liquors is prohibited on said premises without prior written consent of the City Manager of CITY. 29. Signs FBO shall not erect or place any exterior signs on the premises without the prior written approval of the CITY. 19 - 30. Termination Prior to t:xpirat ioai A. Termination CITY shall have the right to terminate this lease in whole or in part on the occurrency of any of the following events: 1) Failure on the part of the FHO to pay rent wheii due unless such failure is corrected within a 30-day period; 2) The failure of the FBO to perform substantially or to keep or observe any of the terms, covenants and conditions which he is obligated to perform, keep or observe under this lease, after the expiration of a 15-day period of warning or ultimatum given by the City Manager or Director of Urban Transpprtation to the Lessee to correct any such deficiency or default. _ 3) The abandonment of the premises or any portion thereof or discontinuance of the FHO's business operations, or any portion thereof. Should this occur, CITY shall not be responsible for the custodial protection of merchandise, fixtures, or equipment abandoned, even though it is necessary for CITY to remove the same from the leasea premises for storage or disposal; 4 ) In the event of need for the premises by the CITY for purposes of national defense; 5) In the event of neea for the premises by the CITY for any other Tnunicipal purpose. B. Rights After Termination In the event of termination for default or unsatisfactory performance by the FBO, the CITY shall have the right (unless othrrwiSe specified in the termination notice), at once and without further notice to the Lessee or surety, to enter 20 - j and take possession of the premises occupied by the FbO, t)y force or otherwise, and expel, oust and remove any and all parties who occupy any portion of the premises of the airport covered by this lease, and any and all goods and chattels belonging to the FBo or his associates which may be found in or upon same without being liable for prosecution or to any claim for damages therefor. Upon such termination by the CITY, all rights, powers and privileges of the Lessee shall cease, and the FBO shall immediately vacate any and all space occupied by him under this lease, and shall make no claim of any kind whatsoever against the CITY, its agents or representatives by reason of such termination, or any act inciaent thereto. C. FBO shall have the option to terminate this agreement on giving fifteen (15) days' written notice to CITY, if at any time during the term hereof, aviation fuel shall, for any reason, become unavailable to FBO and said unavailability shall materially interfere with the conduct of FBO's business at Beaumont Municipal Airport. 31. Sale of Interest FBO may not sell all or part interest in activities of the Beaumont Municipal Airport to another party or parties without written approval of the CITY of such sale. CITY may require any records or financial statements necessary in its opinion to insure such sale will be in the best interest of the CITY. 32. Richt to Renegotiate The CITY may, at its option, require FbO to provide records or financial statements necessary in its opinion to determine FBO revenues, expenses and profits. Should revenues or profit increase by fifty percent (50t) or more in a 12-month period, the CITY may require renegotiation of this agreement. 21 - EXECUTED in duplicate originals this trot _ day of 19 CITY OF bEAUMONT by: City Manager ATTEST: City Clerk PROFESSIONAL AVIATION bLRV10Eb COMPANY by: ATTEST: by: 22 - WORK ROOM XI "l •�5■j 'r Y�• MOT'S f LOLINGE IFR I``" r .k PASSAU _ z O JA►dTOR � a Z Q VENDING PUBLIC LOBBY MEN'S ROOM ROOMS LL U Q FLIGHT TRAINING OFFICE EXHIBIT A AIRPORT TERMINAL BLDG. LEASED AREA Ir>�T,wav+ac�ova 6/3/63 B.C.K A # FULL P~l 5� � O Q 2 W w/..r.r SPP If15Pi k LOCATION PLAN &PROW 21,300 >t0. FT =� LEASED AREA ��'• �,,,�1' � � k :^'�, �:; � ?•. XN% ,�.,1r,,�•i.. may, .�1 ,Y".�. .,�, EXHIBIT ABA ' APRON .8 HANGAR BEAUMONT MUNICIPAL AIRPORT BEAUMONT, TEXAS C-14-83 CALENDAR * Monday, October 10 - SETRPC Conference Room 2:00 P.M. - Private Industry Council Budget Sub-Committee & Planning Review Sub-Committee Joint Meeting 4:00 P.M. - 3rd Floor Executive Conference Room Executive Session * Tuesday, October 11 - Colonade Shopping Center 10:00 A.M. - Ribbon cutting ceremonies - Fidelity S/L (Sam Badger) 1:15 P.M. - Council Chambers Council Meeting, followed by Work Session ** Wednesday, October 12 - Stonebrook Care Center 2:00 P.M. - Judge beauty contest (Billie Murphy) * 3:30 P.M. - SETRPC Conference Room Employment & Training Program Meeting * 4:00 P.M. - CASA Office "PEP" Meeting * 6:30 P.M. - Assumption Church; 4445 Avenue A (MAYOR & MRS. NEILD) Formal dedication of new church, followed by reception * 7:00 P.M. - Channel 12 Tape Program * MAYOR ** MAYOR PRO TEM CALENDAR Page 2 * Thursday, October 13 - Bingham School 9:0_0 A-M, - PTA Program (Carla Reed) * 5:00 P.M. - Opening of Fair 5.25 P.M. - Welcome - Fair Park 6.006 P.M. - Ribbon Cutting Monday, October 17 - Council Chambers 3:15 P.M. - Join�COUNCILn QUORUM nREQUIRED) ng * MAYOR ** MAYOR PRO TEM