HomeMy WebLinkAboutPACKET OCT 14 2008 RICH WITH OPPORTUNITY
1
T • E • % • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 14, 2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Confirm the reappointment of Hubert Oxford to the Civil Service Commission. The current term
would expire October 4, 2011. (City Manager Kyle Hayes)
Gwin Genn would be reappointed to the Library Commission. The current term would expire
September 11, 2010. (Councilmember Nancy Beaulieu)
Sina Nejad would be reappointed to the Planning and Zoning Commission. The current term
would expire September 19, 2011. (Councilmember Nancy Beaulieu)
A) Approve a resolution to allow Capital One Bank to pledge a new security as additional
collateral held at the Federal Reserve Bank for City accounts
B) Authorize the City Manager to execute a grant for general maintenance at the Beaumont
Municipal Airport
C) Approve acceptance of the Loan Star Libraries grant from the Texas State Library
D) Authorize the acceptance of a drainage easement as part of the Calder Avenue Drainage
Project from the Port of Beaumont
E) Authorize the purchase of a drainage easement as part of the Calder Avenue Drainage
Project from Crockett Carpark, Inc.
A
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 14, 2008 U"'
REQUESTED ACTION: Council consider a resolution to allow Capital One Bank to
pledge the following security as additional collateral held at
the Federal Reserve Bank for City accounts, effective
September 11, 2008
RECOMMENDATION
The Administration requests approval to allow Capital One Bank to pledge the following
security as additional collateral for City accounts. The newly pledged security, effective
September 11, 2008, is as follows:
Cusip No. Description Face Value Market Value
PLEDGE:
3128HVZP7 FNMA, 2.71%, Due 08/15/36 $515,000.00 $372,121.93
BACKGROUND
On September 10, 2008, the City of Beaumont maintained uncollected ledger balances at Capital
One Bank in the amount of$4,942,767.96. After pledging the above security, the market value of
pledged collateral totals $5,175,695.53 and along with FDIC coverage is sufficient to collateralize
current deposits as well as any deposits anticipated in the near future.
BUDGETARY IMPACT
None.
CapitalOne(D
Capital One,N.A.
P.O.Box 61540
New Orleans,LA 70161-1540
504-533-3333
September 11, 2008
BEAUMONT, CITY OF
801 MAIN STREET
BEAUMONT, TX 77701
Dear Laura Clark:
This letter is to inform you of additional collateral which
is being placed into your account at the Federal Reserve Bank,
FV09 ABA #056073502 .
Your new collateral is as follows :
$515 , 000 . 00 FNMA 2 . 71% 08/15/36 3128HVZP7 MV= 372 , 121 . 93
TOTAL MARKET VALUE IS 372 , 121 . 93
Your receipts from the Federal Reserve Bank should be
reaching you shortly.
WSere ,
ECKY VE LLION
(504) 533-5644
(9I) - (409) 880-3132
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the pledge of the following security by Capital One
Bank as additional collateral for City accounts which will be held at the Federal Reserve
Bank effective September 11, 2008:
Cush No. Description Face Value Market Value
PLEDGE:
3128HVZP7 FNMA, 2.71%, Due 08/15/36 $515,000.00 $372,121.93
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEA,UMON* City Council Agenda Item
T • E • % • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
,(P.
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
grant for general maintenance at the Beaumont Municipal
Airport.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a grant with the Texas
Department of Transportation(TxDOT)for routine and general airport maintenance.
BACKGROUND
TxDOT's Aviation Division provides the Routine Airport Maintenance Program(RAMP) Grant
to assist local governments with airport maintenance and repairs. The State offers a 50/50
matching grant up to $50,000 for each fiscal year. The local government match is 50% of actual
costs plus any costs in excess of$100,000 total costs.
If approved, this grant is intended to assist the City with damage caused by Hurricane Ike, as well
as taxiway and landing light replacement bulbs, the replacement of the roof on the main terminal
building, and a new sign at the airport's entrance. Costs estimates will not exceed the full match
of$50,000.
BUDGETARY IMPACT
Matching funds will be available from the Airport Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a grant with the Texas Department
of Transportation(TxDOT)for routine and general maintenance at the Beaumont Municipal
Airport.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Claudie Hawkins, Director of Event Facilities and Libraries
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council approval of acceptance of the Loan Star Libraries
grant from the Texas State Library.
RECOMMENDATION
Administration recommends the acceptance of the Loan Star Libraries grant in the amount of
$15,009.
BACKGROUND
For seven years, the Beaumont Public Library System has been receiving Loan Star Libraries grants
from the Texas State Library. This is a direct aid grant program for Texas public libraries. For the
year 2009, we have been notified that we will receive$15,009. A plan of action of how we wish to
spend the funds must be submitted to the Texas State Library by October 31, 2008. Our plan for
2009 is to purchase library materials such as books, DVDs, etc.
BUDGETARY IMPACT
These funds will allow the purchase of needed items for the libraries. There will be no negative
impact on the budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to receive funding from the Loan
Star Libraries grant through the Texas State Library for the Beaumont Public Library
System in the amount of $15,009.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
IIEA,111�IU1111)(
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider authorizing the acceptance of a drainage
easement.
RECOMMENDATION
The Administration recommends authorizing the acceptance of a permanent drainage easement
as part of the Calder Avenue Drainage Project.
BACKGROUND
The Port of Beaumont Navigation District of Jefferson County, Texas, has agreed to convey a
sixty-six (66) foot wide permanent drainage easement and adjacent temporary construction
easements to the City of Beaumont. The easement [out of Tract 3, Steam Mill Square,
Original Townsite of Beaumont] is part of the Calder Avenue Drainage Project where concrete
box culverts are being installed to improve drainage from Calder, along Elizabeth Street to the
Neches River.
BUDGETARYIMPACT
None.
\engcalder-pob_project-ib
7 October 2008
RESOLUTION NO.
WHEREAS, the Port of Beaumont Navigation District of Jefferson County, Texas,
has agreed to convey a sixty-six foot(66') wide permanent drainage easement, described
as 0.04 acres out of Tract 3, Steam Mill Square, Original Townsite of Beaumont, and
adjacent temporary construction easements, as described in Exhibit "A" attached hereto,
to the City of Beaumont for the Calder Avenue Drainage Project; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
i
THAT the easements conveyed b the Port of Beaumont Navigation District of Jefferson
Y Y 9
County, Texas, as described in Exhibit A and shown on Exhibit B, be and the same are
hereby accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Becky Mayor k
Y Y -
W,�PRTECH "Recognizing the landmarks of the past.....setting our foresight towards the future"
LAND SURVEYORS, INC.
Richard L.Worthey,RPLS
J.L.Sims,Jr.,RPLS
Michael 8.Kethan,RPLS
EXHIBIT "A"
Page 1 of 2
February 4, 2008
Surveyor's Field Note Description: 0.04 Acre Storm Sewer Easement
BEING a 0.04 acre (1,679 square feet) parcel situated in the Noah Tevis Survey, A-52, Jefferson County,
Texas, out of the Port of Beaumont Tract according to Jefferson County Appraisal District account
number 003200000027300000006, and being out of the Mill Square of the Original Town Site of
Beaumont according to the map or plat thereof recorded under Volume 448, Page 249 of the Jefferson
County Map Records, said 0.04 acre more particularly described by metes and bounds as follows;
COMMENCING, at a 1-inch iron pipe in the east right-of-way line of Cypress Street, for the most northerly
corner of a called 1.243 acre tract conveyed to Landeros Construction, Inc. by Warranty Deed with
Vendor's Lien dated October 17, 1990 recorded under Clerk's File No. 9031787 of the Jefferson County
Official Public Records of Real Property;
THENCE, South 01 001'10" East, 88.82 feet along the easterly right-of-way line of said Cypress Street,
and the westerly line of said 1.243 acres, and the westerly line of said Port of Beaumont tract to a set 5/8-
inch iron rod set with cap (stamped "Wortech Surveyors") for the northerly corner and POINT OF
BEGINNING, of the herein described parcel;
THENCE, North 86 035'26" East, 0.62 feet to a set 5/8-inch iron rod set with cap (stamped "Wortech
Surveyors") in the westerly line of said 1.243 acre tract, for a northerly corner of the herein described
parcel;
THENCE, South 40 02842" East, 75.77 feet along the westerly line of said 1.243 acre tract, and the
easterly line of said Port of Beaumont tract, to a set 5/8-inch iron rod set with cap (stamped "Wortech
Surveyors") for an angle point in the westerly line of said 1.243 acre tract, the easterly line of said Port of
Beaumont tract, for a southeasterly corner of the herein described parcel;
THENCE, South 20°07'38" East, 5.78 feet along the westerly line of said 1.243 acre tract, and the
easterly line of said Port of Beaumont tract, and the easterly line of said Port of Beaumont tract, to a set
5/8-inch iron rod set with cap (stamped "Wortech Surveyors") for a southeasterly corner of the herein
described parcel;
THENCE, South 86°35'26" West, 47.96 feet to a set 5/8-inch iron rod set with cap (stamped "Wortech
Surveyors") in the east right-of-way line of said Cypress Street, in the westerly line of said Port of
Beaumont tract,for the southwest corner of the herein described parcel;
THENCE, North 03°24'34" West, 66.00 feet to the POINT OF BEGINNING, CONTAINING 0.04 acre
(1,679 square feet) of land in Jefferson County, Texas.
(This description is based upon a survey made on the ground under my direct supervision on January 8,
2008 and is being submitted along with a survey plat showing the property and facts found as described
herein. All bearings are based upon the Texas State Plane Coordinate System, Lambert Projection,
South tra/Zone, North Amer" alum (NAD83).
-rVk A ,�EOFr
.o
Registered Professional Land or GISTE/�Fn.qs
N:\Survey_data\PROJECTS\Projects2006\2006-045\02\M =t.--
RICHARD L.WORTHEY
•-0 4964 �,�• 7999 Gladys Avenue, Suite 102
9b'�ESS�ORX Beaumont, Texas 77706-3109
.•••. Tel: 409.866.9769 Fax: 409.866.7075.
..��o S U Fiv www.wortech.com. �
EXHIBIT A
VICINITY MAP
N EXHIBIT "A" N.T.S.
HAZEL o� £
SHEET 2 OF 2
NORTH z
iE CALDER SITE a
• YCFADOIN � `
a 5 ELIZABETH
CALDER z v
MULBERRY n o:
BROADWAY +� N W {�<c
0' 20' 40' 80'
TCy a r z i
SCALE: 1"=40'
POC
FND. 1-I.P.
N.COP. OF'
1.243 ACRES
NOAH TEVIS SURVEY, A-52
0
JEFFERSON COUNTY, TEXAS
is
i;
N �
L6 L5 TEMPORARY
POB EASEMENT
L4
STORM SEWER EASEMENT tr
0.04 ACRE
1679 3Q. FT. �: �B.}• MILL SQUARE
OF
L4 AtOs THE ORIGINAL TOWN SITE
OF BEAUMONT
VOL. 448, PC. 249
LINE Cn BEARING DISTANCE En
Lt S 20'07 38 E 5.78 S.
L2 5 86'35 26 W 47.96 En f
L3 W 0324 34 W 66.00 r7 S. L2 5- TEMPORARY
L4 N 86'35 26 E 0.62 EASEMENT
LS S 40'28 42 E 1.03 Ca
L6 N 0324 34 W 0.82 L8
L7 S 20'07 38 E 17.75
L8 S 86-35'26 W 53.06 CALLED 1.243 ACRES
L9 I N 03'2434 W 1 17.00 rn Z TO LANDEROS CONSTRUCTION,INC.
p BY WARRANTY DEED WITH VENDOR'S LIEN
o DATED OCTOBER 17, 1990
C.F. NO. 9031767
c $ J.C.O.P.R.R.P.
m 8� f
u0,
N
$gyp$m W
V 8 C
q N
1. All bearings shown hereon referenced to
the Te as State Plane Coordinate System,
Lambe Projection, North American datum
of 1983 (NAD 83), South Central Zone (U.S.
t C• ND Survey Foot).
FND. 1/2-I.R.
A ABSTRACT S.W. COR. MILL SQUARE 2. This survey was prepared without the
C. CALLED benefit of a current Commitment for Title
C.F. CLERK'S FILE
FNO. FOUND Insurance or Abstractor's Certificate and
I.R. IRON ROD therefore easements or encumbrances may
N0. NUMBER exist which are not shown hereon. No
J.C.O.P.R.R.P. JEFFERSON COUNTY OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY research of the Public Records of Jefferson
POB POINT OF BEGINNING County regarding these easements or
PoC POINT OF COMMENCEMENT encumbrances was performed by WORTECH
Land Surveyors, Inc.
Copyright 2008.All rights reserved.Duplication In any forrn
without the express written permission of WORTECH Land 3. "S" denotes a set 5/8" iron rod with
Surveyors,Inc Is strictly prohlYted.This survey Is prepared
for the exclusive use and beneet of the parties listed hereon. Cap (stamped "Wortech Surveyors").
Liability to third parties may not be transferred or assigned.
JOB NO: 2006-045-02 We, WORTECH Land Surveyors, Inc, acting by and
FIELD BOOK: 665 through Richard Worthey, a Registered Professional
DR.BY: RWG IS OF Land Surveyor, hereby certify that the drawing shown
Pa••'•••F hereon is o true and correct re
GATE: 1/24/08 '� GISiE xy p resentation made on
SCALE: f"-40' y: *RFp •tP the ground, under my supervision, being situated in
the Thomas F. McKinney League, A-41 of Jefferson
WPRTE C H RICHARD L.WORTHEY County, Texas.
;°90 4964 ry. Surve ed: February 4, 200
LAND SURVEYORS, INC. �q'•�FSStO?'oQ
7999 Gladys Avenue,Suite 102 `�OSURV�y
Beaumont,Texas 77706-3109
Tel: 409.866.9769 R red Professional Land rveyor
THIS DOCUMENT NOT VALID
Fax:409.866.7075 WITHOUT ORIGINAL SEAL AND
www.wortech.com SIGNATURE OF PERSON CERTIFYING
E
RICH WITH OPPORTUNITY
11CM ► �
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider authorizing the purchase of a drainage
easement.
RECOMMENDATION
The Administration recommends authorizing the purchase of a permanent drainage easement as
part of the Calder Avenue Drainage Project.
BACKGROUND
Crockett Carpark, Inc, through its president, Thomas Flanagan, has agreed to convey a thirty-
eight (38) foot wide permanent drainage easement [0.212 acre] and adjacent temporary
construction easements to the City of Beaumont. The easement [out of Lots 711, 716 and 717,
Block 32, Beaumont Addition] is part of the Calder Avenue Drainage Project where concrete
box culverts are being installed to improve drainage from Calder, along Elizabeth Street to the
Neches River. The owners of the above named property have agreed to convey the easement for
the appraised value of$55,000.00 [Appraiser: Bishop Real Estate Appraisers, Inc.].
BUDGETARY IMPACT
Funds are available in the Capital Program.
\engcalder_project-ib
3 October 2008
RESOLUTION NO.
WHEREAS, an agreement has been negotiated in the amount of $55,000 for the
acquisition of a thirty-eight foot (38') wide permanent drainage easement and adjacent
temporary construction easements, being out of Lots 711, 716 and 717, Block 32,
Beaumont Addition, Beaumont, Texas, as described in Exhibits "A" and "B" attached
hereto, for the Calder Avenue Drainage Project;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the permanent drainage easement and temporary construction
easements, as described in Exhibits "A" and "B" attached hereto, for the Calder Avenue
Drainage Project be and the same are hereby approved:
Description: 38' wide permanent drainage easement and
adjacent temporary construction easements out
of Lots 711, 716 and 717, Block 32, Beaumont
Addition, Beaumont, Texas
Appraiser: Bishop Real Estate Appraisers, Inc.
Total Appraised Value: $55,000
Owner: Crockett Carpark, Inc.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
W4:j�'RT E C 1 1
Recognlzing the landmarks of the pasr.....setting our fomslght towards dhe fudire°
LAND SURVEYORS, INC.
Richard L WwttW,RPLS
Jd..Sims,Jr.,RPL$
WNW$.KAftn,fipLS
EXHIBIT"A"
Page 1 of 2
February 4, 2008
Surveyor's Field Note Description: 0.21 Acre Storm Sewer Easement
BEING a 0.21 acre (9,067 square feet) parcel situated in the Noah Tevis Survey, A-52, Jefferson County,
Texas, out of a called 0.637 acre tract conveyed to Crockett Carpark, Inc. by Special Warranty Deed
dated February 21, 2001 recorded under Clerk's File No. 2001006513 of the Jefferson County Official
Public Records of Real Property, and being out of Block 32 of the Original Town Site of Beaumont
according to the map or plat thereof recorded under Volume 448, Page 249 of the Jefferson County Map
Records, said 0.21 acre more particularly described by metes and bounds as follows;
COMMENCING, at a 1-inch iron rod found in the west right-of-way line of Walnut Street, at the southeast
corner of Lot 718 of said Block 32, at the northeast corner of said 0.637 acre tract;
THENCE, South 03 048'29"East 29.06 feet al
line o said 0.637 acre tract, and the east line of said Block 32 to a set 5/8-inch iron rod set with c p�R
(stamped "Wortech Surveyors") for the northeast corner and POINT OF BEGINNING, of the herein
described parcel;
THENCE, South 03 048'29"East, 38.29 feet along the west right-of-way line of Walnut Street, and the east
line of said 0.637 acre tract, and the east. line of said Block 32 to a set 5/8-inch iron rod set with cap
(stamped"Wortech Surveyors")for the southeast corner of the herein described parcel;
THENCE, South 79 009'22" West, 228.14 feet to a set 5/8-inch iron rod set with cap (stamped"Wortech
Surveyors") in the easterly right-of-way'line of North Main Street, in the westerly line of said 0.637 acre
tract, and the westerly line of said Block 32, for a southwesterly line of the herein described parcel;
THENCE, North 43"53'29" West, 21.12 feet to a set 5/8-inch iron rod set with cap (stamped "Wortech
Surveyors")for an angle point in the easterly right-of-way line of said North Main Street, and the westerly
line of said 0.637 acre tract, and the westerly line of said Block 32,.f r
herein described parcel; Southwesterly comer of the
THENCE, North 03°17'29" West, 20.48 feet along the easterly right-of-way line of said North Main Street,
and the westerly line of said 0.637 acre tract, and the westerly line of said Block 32, to a set 5/8-inch iron
rod set with cap(stamped "Wortech Surveyors") for the northwest corner of the herein described parcel;
THENCE, North 79°09'22" East, 241.65 feet to the POINT OF BEGINNING, CONTAINING 0.21 acre
(9,067 square feet) of land in Jefferson County, Texas.
(This description is based upon a survey made on the ground under my direct supervision on January 8,
2008 and is being submitted along with a survey plat showing the property and facts found as described
herein. :A# bearings are based upon the Texas State Plane Coordinate System, Lambert Projection,
Soutt Central Zone, North American Datum (NAD83).
EOFr
c��A��IS7E�p�F�y
Registered Professional Land Su eyor * •d'
N:\Survey_data\PROJECTS\Projects2006)2006-045\0 S,iQ W%Vd
.'0�.9 48•••.6....4....
�9,4n FSS; yO� 7999 Gladys Avenue, Suite 202
,.aVE Beaumont,Texas 7770fi-3109
Tel: 409.866.9769 Fax: 409,86,5.707.5
EXHIBIT fqy www.wortech.com.
1'�
VICINITY MAP x�
EXHI IT "A" w*�
SHEET OF 2 KAM I {
� � NORM cunEn � SITE e
McrAOOSt
riuemlt � MuLeETen
6ROAOWAY
0' 20' 40' 80' s z
SCALE V-40' NUNN
NOAH TEV'IS S {BEY, A-52
JEFFERSON CO U TY, TEXAS
ELIZABETH S
INC I o1srANCE I I
1
say 1436 LA OQC J2
S 0745 36.20 q L LOT 718 I
L4 S 0745 1g.i4 row S//E
L5 N 4JST 29 W 22 'OFAMOCW I
Le N 4753 2g W 21. 2 14C Pk
L7 N 071 071729 W {6 ✓.e'A/ .
N W 14.89 C-AeY rl'so'
N.6'41'31'E 119.44' POC
FNO. 1'LR.
__ -- z r
zn 4
LOT 712 2 N WsX31'E 44.1W
'e 0 ,g 52r" LOT 717 S.
x u .g FND,r LR v E t,
p C-M191C$ •
N ee30'31•E 75.27 >F �9•p9 22 ENT 14
TEMPORARY
�t N 4grp9 22 ELISE �;M y
o Ib .,rpRM S E1 CRE s'
Z i CALLED 0.037 ACRES Q• °'
TO CROCKETT CMt116t INC. 9067 � 8
rn g. r BY SPECIAL WARRANTY'DEED ' n 298.14 I
': DATED FEB. 21.2001 " ��1111
S. cF. No.200100e313 g g9'09Y EME� LOT 716 ! y
G:7 J.C.O.PJt.R.P. 1•-�
y PO
s.
TEMPORARY
213.4r
� = 9'22�
s I C-�mt FND. 1'I.R.� s 5s3s'3t•w 12a.2s•
4• -^
r,, LOT 711 n LOT ll5
`G�5*
I. All bearings shown hereon referenced to
the Texas State Plane Coordinate System,
Lambert Projection, North American datum
of 1983 (NAD 83), South Central Zone (U.S.
LEWD 30,35' Survey Foot).
CSd9'31.7'1F
A CA r
ABSTRACT This survey Was prepared without the
C.F. CLERKS FIB benefit of a current Commitment for Titie
FND' Insurance or Abstractor's Certificate and
IRON Roo
NO. NUMBER therefore easements or encumbrances may
J.C.O.P.R.R.P. JEFFERSON COUNTY OFFICIAL PUBLIC exist which are not shown hereon. No
RECORDS OF REAL PROPERTY research of the Public Records of Jefferson
POs POINT OF BEGINNING
POC POINT OF COMMENCEMENT encumbrancesinwashperformed by WORTECH
Land Surveyors, Inc.
Copyright 2008.AR rights reserved.Duplicodon In any film
"f'or't th'express wry ParrNsion of WORT"Land 3. "S" denotes a sat 5/8". iron rod with
Surveyors,Um Y strktiy ProMblted.This'Survey Is Prepared
for thewrJuaive use and anent of the Parries liked henan. cap (stamped "Wortech Surveyors").
Liability to thYd Peres may not be tmnskrnd or ssagrrW.
JOB N0: 2006-045-02 We, WORTECH Land Surveyors, Inc, acting by and
FIELD BOOK: 665 �OF I through Richard Worthey, a Registered Professional
DR.BY: RWG . Land Surveyor, hereby certify that the drawing shown
DATE: 2/4/08• g.Q•rcd RFp a hereon is a true and correct representation made on
SCALE: 1111-40' * the ground, under my supervision, being situated in
RICHARD L•WORTH y the Noah Tevis Survey, A-52 of Jefferson County,
RTE�4 u Texas.
C 1 1 �' 4964 �;•
�"�jeF99 Survey. . February 4, 2008
LAND SUILVEYDILSI INC. 9�p311Fi���
7999 Gladys Avenue,Suite 102
Beaumont,Texas 77706-3109
Tel: 409.866.9769 THE ooCtrMFNr NOT D Register d Professional Land Surve or
Fax:409.866.7075 WITHOUT ORIGINAL SEAL D '
www.wortech.com SIGNATURE OF PERSON=Na
It
it
W "Recognizing the landmarks of the past,.,.getting our foresight towards the future"
LAND SURVEYORS, INC. !�
Ptlahard L.Worthe„FtPl 0
J.L.Sims,Jr.,FIP;LS
Michael S.Kethan,RPLS
Page 1 of 3
February 4,2008
Surveyor's Field Note Description: Easement#1 - 0.003 Easement
BEING a 0.003 acre (140 square feet) parcel situated In the Noah Tevis Survey, A-52, Jefferson County,
Texas, out of a called 0.637 acre tract conveyed to Crockett Carpark, Inc. by Special Warranty Deed
dated February 21,,2001 recorded under Clerk's File No. 2001006513 of the Jefferson County Official
Public Records of Real*Property, and being out of Block 32 of the Original Town Site of Beaumont
according to the map or plat thereof recorded under Volume 448, Page 249 of the Jefferson County Map
Records, said 0.003 acre more particularly described by metes and bounds as follows;
COMMENCING, at a point in the east-right-of-way line of North Main Street, for a northwesterly corner of
said 0.637 acre tract, from which a 2-inch iron rod bears North 86 030'31"East, 75.27 feet;
THENCE, South 03°17'29" East, 3.70 feet along the east right-of-way line of North Main Street, and the
westerly line of said 0.637 acre tract to a set 5/8-inch iron rod set with cap(stamped "Wortech Surveyors")
for a northerly corner and POINT OF BEGINNING, of the herein described parcel;
THENCE, North 76 000'00" East, 3.01 feet to a set 5/8-inch iron rod set with cap (stamped "Wortech
Surveyors")for the northerly corner of the herein described parcel;
THENCE, South 23 056'04" East, 21.25 feet to a set 5/8-inch iron rod set with cap (stamped "Wortech
Surveyors")for the southeast corner of the herein described parcel;
THENCE, South 79 009'22" West, 10.55 feet to a set 5/8-inch iron rod set with cap (stamped "Wortech
Surveyors") in the east right-of-way line of North Main Street, and the west line of said 0.637 acre tract for
the southwest corner of the herein described parcel;
THENCE, North 03 017'29"West, 20.71 feet along the east right-of-way line of said North Main Street, and
the west line of said 0.637 acre tract to the POINT OF BEGINNING, CONTAINING 0.003 acre (140
square feet) of land in Jefferson County, Texas.
(This description is based upon a survey made on the ground under my direct supervision on January 8,
2008 and is being submitted along with a survey plat showing the property and facts found as described
herein. All bearings are based upon the Texas State Plane Coordinate System, Lambert Projection,
South Central Zone, North American Datum (NAD83).
le F:F
Registered Professional Land S eyor 5���GI*?FO i tp
ftmAm
RICHARD L.WORTHEy
-'O.9 496 4
�,9NDSUR��y�e
N:1Survey_data\PROJECTS\Projects2006\2006-045\02\M&B-Easement#1 -0.003 Acre Easement.doc
7999 Gladys Avenue, Suite 102
Beaumont, Texas 77706-3109
EXHIBIT "B" Tel: 409.866.9769 Fax: 409.866.7075;
www.wortech.com
1
WJ>jRTECH "Recognizing the landmarks of the pass._ ..;letting our foresight towards the future"
LAND S U RV E YO U, INC. Rlchard L.Worthey, RPLs
J.L Sirns,Jr.,FIPLS
Michael&Kethan, RPLS
Page 2of3
February 4, 2008
Surveyor's Field Note Description: Easement#2-0.001 Easement
BEING a 0.001 acre (62 square feet) parcel situated in the Noah Tevis Survey, A-52, Jefferson County,
Texas, out of a called 0.637 acre tract conveyed to Crockett Carpark, Inc. by Special Warranty Deed
dated February 21, 2001 recorded under Clerk's File No. 2001006513 of the Jefferson County Official
Public Records of Real Property, and being out of Block 32 of the Original Town Site of Beaumont
according to the map or plat thereof recorded under Volume 448, Page 249 of the Jefferson County Map
Records, said 0.001 acre more particularly described by metes and bounds as follows;
COMMENCING, at a point in the east right-of-way line of North Main Street, for a southerly corner of said
0.637 acre tract,from which a 1-inch iron rod bears North 86 035'31" East, 35.35 feet;
THENCE, North 43 053'29"West, 67.76 feet along the east right-of-way line of said North Main Street, and
the westerly line of said 0.637 acre tract to a set 5/8-inch iron rod set with cap (stamped "Wortech
Surveyors") for the most southerly corner and POINT OF BEGINNING, of the herein described parcel;
THENCE, North 43°53'29"West, 18.88 feet along the east right-of-way line of said North Main Street, and
the westerly line of said 0.637 acre tract to a set 5/8-inch iron rod set with cap (stamped "Wortech
Surveyors") for the northwest corner of the herein described parcel;
THENCE, North 79°09'22" East, 7.88 feet to a set 5/8-inch Iron rod set with cap (stamped "Wortech
Surveyors") for the northeast corner of the herein described parcel;
THENCE, South 19°30'12" East, 16.00 feet to the POINT OF BEGINNING, CONTAINING 0.001 acre (62
square feet) of land in Jefferson County,Texas.
(This description is based upon a survey made on the ground under my direct supervision on January 8,
2008 and is being submitted along with a survey plat showing the property and facts found as described
herein. A# bearings are based upon the Texas State Plane Coordinate System, Lambert Projection,
South Central Zone, North American Datum (NAD63).
P�
OF
Reg eyed Professional Land Su rve r �'�•��Gt*�Fp••9s
RICHARD L.WORTHEY
0.0 4964 �,;•
N:\Survey_data\PROJECTS\Projects2006\2006-045\02\M&B-Easement#2-0.001 Acre Easement.doc
7999 Gladys Avenue, Suite 102
Beaumont, Texas 77706-3109
Tel: 409,866,9769 Fax: 409.566.7075,
www.wortech.com.
..�..N1..1 1 event- '.
SHEEP 3 OF 3 '
NORTH
CALDER 05)1TE $
Mc..
� GtDER �
0' 20' 40' 84 eROA1WiRY
z
SCALE: 1"-40' TE SURVEY A-42
JEF ERSOM CONY,
— — — — ELrUB TS STREET—
1 BEAR
N 7WOD 00 E AN 1 OCR',T1
S 04 1'25 LOT 71B I
L3 S 79.09 22 W 10.55
L4 N 1 29 W 2471 Mir a
N 43'33 29 W e,
LIT N 4553 29 W WAS WL. 4 M 149
L7 N 79.09 22 E A
lJt S 19'3012 E 1 -1-9359 C-Atel9llr Jl9J0'
L9 S 03'17 29 E 3.70 N eS4121•E 119.44
FNO. 1'I.R.
2tI 7 l2r i x
o C-sor u.
LOT 711 N WSX31' E
,
_ °e� 'Ea LOT 777
POCt N eir3o'31''E 75.27' s4fff TR/D. 2•1A
o >�
]C Y' ° 1 EASEMENT 41
POB 0.003 ACRE CALLED 4 ACRES
Esur. #11.. A
140 SQ. 17. ;�°T " �M -4 x S ad
S. DATED FEB 21, 2001 a,
C.F. No. 2 1 00e513 8
Lr_O R.R,P.
� I ti9
y COT 716
EASEMENT2
0.001 ACRE o-ss9xlw
S. 82 SQ. Tl'. s ett3W31�w 12025' FNO. 1' I.R.
c+ G POB w
�vso. S' ESMT.J2 y lIQ
LOT 713
1. All bearings shown hereon referenced to i
the Texas State Plane Coordinate System,
$ Lambert Projection, North American datum
35 of 1983 (HAD 83), South Central Zone (U.S.
N W '31*2E Survey Foot).
A ABSTRACT
C.F. CALLED POC FWD. 1•fit 2. This survey was prepared without the
FND. FOUND FILE ESWt. /2 benefit of a current Commitment for Title
lit IRON ROD Insurance or Abstractor's Certificate and
NUMBER
J.C.O.P.R.R.P. therefore easements or encumbrances may
JEFFERSON COUNTY OFFICIAL.PUBLIC exist which are not shown hereon. No
Poe RECORDS OF REAL PROPERTY
Poe POINT Of BEGINNING cords research of the Public Re Of Jefferson
POINT of COMMENCEMENT County regarding these easements or
encumbrances was performed by WORTECH
Copyright 2009.All rights rwuwved.Daplcatlon M any toms Land Surveyors, Inc.
without the Inc.iw written permission or waey Is P land 3. -"S" denotes a set 5/8" iron rod with
Surveyors, nc U Strictly pmt�Rad.This survey b prepared
for the 4xdu—was and benefit of dw perm,listed tw.on, cap (stomped "Wortech Surveyors").
Lleblllty to third parties may not be b'anoNned or assigned.
J08 N0: 2006-045-02
BOOK: 885 We, WORTECH Land Surveyors, Inc, acting by and
FlELD through Richard .Worth
OR.BY: . RwG Worthily. a Registered Professional
E O F T Land Surveyor, hereby certify that the drawing shown
DATE: 2/4/08 ��..."•F�• hereon is a true and correct representation made on
SCALE: 1 -40 y'�••�G►SiFiPF. the ground, under my supervision, being situated in
•Q * O' the Noah Tevis Survey, A-52 of Jefferson County,
���, RICHARD L.WORT y Texas.
IlyRMYOP's, I N C, a.;1 964 r: Surveyed: February 4, 2008
7999 Gladys Avenue,Suite 102 ` •••�•sst
Beaumont,Texas 77706-3109 gNOSUIiV�
Tel: 409.866.9769
Fax:
.wortp h.com W�tOUT ORIOINALNST A po Regis—tared PJ0lesei0rlal Land Su yor
www.wortech.corn SIOWTURE OF PERSON CERIIFYINC
I
�_ 3
RICH WITH OPPORTUNITY
1
T - E - A - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 14, 2008 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 2-10/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a zone change from NC (Neighbor Commercial)District to
RS (Residential Single Family Dwelling)District at 3280 Shannon
2. Consider approving a bid for improvements to Sprott Park
3. Consider approving a one year contract with the Art Museum of Southeast Texas
4. Consider approving a one year contract with the Southeast Texas Arts Council
(SETAC)
5. Consider approving a one year contract with the Texas Energy Museum
6. Consider approving a one year contract with BUILD, Inc. Beaumont Main Street
7. Consider approving a one year contract with the Beaumont Heritage Society/John
Jay French Museum
8. Consider approving a contract with two vendors for mowing privately-owned
properties in violation of city ordinances
9. Consider amending the Henry Homberg Golf Course rates
10. Consider approving an ordinance terminating the previously declared state of
disaster made necessary by the imminent threat of Hurricane Ike. Also to consider
repealing Ordinance No. 08-081 which removed the competitive bidding
requirements because of the public calamity resulting from Hurricane Ike
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
Kyle Hayes, City Manager
Tyrone Cooper, City Attorney
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
October 14,2008
Consider a request for a zone change from NC (Neighbor Commercial)District to RS (Residential
Single Family Dwelling)District at 3280 Shannon
RICH WITH OPPORTUNITY
ILI . �
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C:) f
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider a request for a zone change from NC
(Neighbor Commercial)District to RS (Residential Single
Family Dwelling) District at 3280 Shannon.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
The Planning Division has applied for the zone change on behalf of Laurie Armstrong, the
property owner.
In June, 2007, Pastor Rosie Jones of the Kingdom Connection Outreach Ministry, requested a
zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood
Commercial) District and a specific use permit to allow a church-related food bank, clothing
distribution center, food service and related social services for the properties at 145 E. Alma and
3280 Shannon. Pastor Jones represented herself as the property owner of those properties (she
does own 145 E. Alma).
On August 28, 2008, the Planning Division received a call from Laurie Armstrong, the real
property owner of 3280 Shannon, stating that she was trying to sell the property as residential
and found out through the FHA that her property was zoned NC. The FHA representative told
her that the FHA did not finance commercial properties.
Upon talking with Ms. Armstrong and Pastor Jones, it appears that Pastor Jones had attempted to
purchase 3280 Shannon but the deal was never consummated.
As soon as Ms. Armstrong informed the Planning Division that she was still the current owner
and wanted the zoning of the property to be RS, the Planning Division initiated the zone change.
At a Special Public Hearing held October 9, 2008, the Planning Commission recommended
approval 9:0 of a request for a zone change from NC (Neighborhood Commercial)District to RS
(Residential Single Family Dwelling)District at 3280 Shannon.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED NC (NEIGHBORHOOD
COMMERCIAL) DISTRICT TO RS (RESIDENTIAL SINGLE
FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED
AT 3280 SHANNON, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned NC (Neighborhood Commercial) District to RS
(Residential Single Family Dwelling) District for property located at 3280 Shannon, being
Lot 8, Block 4, South End Addition, City of Beaumont, Jefferson County, Texas, containing
0.13 acres, more or less, as shown on Exhibit "A," and the official zoning map of the City
of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
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 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
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 14th day of
October, 2008.
- Mayor Becky Ames -
- : Request for a zone change from NC(Neighborhood Commercial)District to
RS (Residential Single Family Dwelling)District
Location: 3280 Shannon
Applicant: City of Beaumont Planning Division
0 100 200
1 I I Feet
I i
Legend
j1 ® 1964Z
I
j
E CHAPIN ST
Cn
i
i
� l
I
z
O
z
m
> 4a I
3 i
c�
z
E ALMAIST
ALMA ST r"
I
I
i
i
i
I
f
i
i
,
I
i
EXHIBIT "A"
2
October 14, 2008
Consider approving a bid for improvements to Sprott Park
RICH WITH OPPORTUNITY
1
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
i
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider the award of a bid for Improvements to
Sprott Park.
RECOMMENDATION
Administration recommends the award of a bid to N& T Construction of Beaumont in the
amount of$210,000.
BACKGROUND
Six(6)bids were received on Thursday, Oct. 2, 2008 for furnishing all labor, materials, equipment
and supplies for the construction of a new restroom facility and a covered basketball court
pavilion at Sprott Park.
The present restroom facility and community building has not been in use since it was damaged by
fire over a year ago. The existing metal basketball cover was damaged by Hurricane Rita and
destroyed by Hurricane Ike.
Improvements to the park include demolishing the community building, building a new restroom
facility, installing a new lighted steel basketball cover and pavilion, and installing a new water
fountain and accessible sidewalks. The basketball cover pavilion will be installed on the existing
foundation.
The bids received are as follow:
Contractor Price Completion Time
N&T Construction Company,Inc. $210,000 90 days
Goss Building,Inc. $214,000 90 days
Bruce's General Construction,Inc. $228,000 180 days
L&L's General Contractors $240,000 120 days
Cleveco Construction Company $257,500 140 days
McInnis Construction Company $269,000 120 days
Sprott Park Improvments
October 6, 2008
Page 2
Another bid in the amount of$133,760 was received but withdrawn due to an error.
The low bidder, N& T Construction Company, Inc., is a city certified Minority Business
Enterprise.
Work should commence in November and be completed within ninety(90) days.
BUDGETARY IMPACT
Funds for this project are available in the Capital Reserve Fund.
RESOLUTION NO.
WHEREAS, bids were solicited for a new restroom facility and a covered basketball
court pavilion at Sprott Park; and,
WHEREAS, N &T Construction of Beaumont, Texas, submitted a bid in the amount
of $210,000; and,
WHEREAS, City Council is of the opinion that the bid submitted by N & T
Construction of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by N & T Construction for a new restroom facility and a covered
basketball court pavilion at Sprott Park in the amount of$210,000 be accepted by the City
of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
3
October 14,2008
Consider approving a one year contract with the Art Museum of Southeast Texas
RICA WITH OPPORTUNITY
1
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager y ��
PREPARED BY: Laura Clark, Chief Financial OificerU''
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider authorizing a one year contract with the
Art Museum of Southeast Texas in the amount of$185,000.
RECOMMENDATION
The Administration recommends funding the Art Museum of Southeast Texas(AMSET) $185,000
for FY 2009 from Hotel Occupancy Tax and General Funds.
BACKGROUND
The City of Beaumont (City) and AMSET entered into a lease agreement on December 30, 1986
whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art
museum. The City supports AMSET with annual allocations and garbage removal. In return
AMSET is open to the general public and strives to provide programs and services to the entire
community. Approximately 60,000 children and adults participate in Art Museum activities each
year. The City may utilize a portion of its revenue derived from the hotel-motel occupancy tax to
promote the arts.
BUDGETARY IMPACT
Funds are available in the FY 2009 budget with $85,000 funded through the Hotel Occupancy Tax
Fund and $100,000 funded by the General Fund.
RESOLUTION NO.
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 one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Art Museum of
Southeast Texas (AMSET) and the City of Beaumont in the amount of $185,000 for FY
2009.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
AGREEMENT FOR THE OPERATION OF AN ART MUSEUM
WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation,
hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation
of the State of Texas, hereinafter referred to as "City", agree as follows:
1.
City hereby hires and engages Museum to operate an art museum open to the
public on the premises leased from the City and described in the lease between the parties
dated December 30, 1986 and made a part hereof for all purposes(herein "the premises").
Museum agrees to accept such hiring and hereby agrees to operate such art museum.
2.
This agreement shall be for a term of one year commencing October 1, 2008. The
City agrees to pay museum the sum of Forty-Six Thousand Two Hundred Fifty Dollars
($46,250) per quarter. Of the total annual sum of One-Hundred Eighty-Five Thousand
($185,000) Dollars, Eighty-Five Thousand ($85,000) Dollars will be derived from the Hotel
Occupancy Tax authorized by Tax Code Section 351.001 et.seq. which requires that such
funds be expended for arts and historical events or projects that directly enhance and
promote tourism and the convention and hotel industry.
3.
Expenditure of the Eighty-Five Thousand ($85,000) Dollars from Hotel Occupancy
Tax (HOT) funds shall be related to the purposes established by Tax Code Section
351.101(a)(4).
EXHIBIT "A"
4.
Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Museum will attend the
seminar.
5.
The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of Museum as they relate to the HOT funds authorized in this
contract.
6.
City or Museum may terminate this Agreement for cause if either party defaults in
the performance of any covenant or condition of this Agreement. Prior to such termination
City or Museum must provide the other party with written notice of such default and if the
party does not cure the default within fifteen (15) days after the giving of notice the party
giving such notice may terminate the Agreement by written notice.
7.
City shall allow Museum and its employees, volunteers, patrons and guests to use
fifty (50) designated parking spaces in the City owned parking lot lying directly to the east
across Main Street from the premises during periods of use of the premises. Otherwise
such spaces may be used for City's Civic Center and theater event parking. In addition,
the City shall provide free parking for buses transporting school children to the art museum.
G:\CG\AGREEMENWRT MUSEUM-FY 09.wpd
Said parking places to be as available and as directed by the City's Civic Center director
at a site convenient to the Museum. Parking spaces on the premises shall be available for
City's use during periods when the premises are not in actual use.
IN WITNESS, WHEREOF City and Museum have executed or caused to be
executed by their authorized officers or agents this Agreement on the day of
12008.
CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS
By: By:
Kyle Hayes Name:
City Manager Title:
ATTEST: ATTEST:
By: By:
City Clerk Name:
Title:
G:\CG\AGREEMEN\ART MUSEUM-FY 09.wpd
4
October 14, 2008
Consider approving a one year contract with the Southeast Texas Arts Council (SETAC)
RICH WITH OPPORTUNITY
1
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager ,�'�/
PREPARED BY: Laura Clark, Chief Financial OfficerlY'
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider authorizing a one year contract with the
Southeast Texas Arts Council (SETAC) in the amount of
$105,000.
RECOMMENDATION
The Administration recommends funding the Southeast Texas Arts Council $105,000 for FY 2009
from the Hotel Occupancy Tax Fund,
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the
arts. The City contracts with SETAC to utilize 75% of its contract payment for production of the
magazine"Off Ramp" highlighting local events and"Tear Off' Attraction Maps for distribution to
hotels, as well as other programs and exhibitions that bring artists to the area and promote the rich
musical heritage of the area . The remaining 25%is used for operating expenses.
BUDGETARY IMPACT
Funds are available in the Hotel Occupancy Tax Fund.
RESOLUTION NO.
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 one-year contract,
substantially in the form attached hereto as Exhibit"A,"between the Southeast Texas Arts
Council (SETAC) and the City of Beaumont in the amount of$105,000 for FY 2009.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation,
herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation,
herein called "Council", is as follows:
WITNESSETH
WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to
use revenue derived from its hotel occupancy tax "for general promotional and tourist
advertising of the city and its vicinity and conducting a solicitation and operating program
to attract conventions and visitors, either by the City or through contracts with persons or
organizations selected by the City; and,
WHEREAS,V.T.C.A.Tax Code Section 351.101(a)(4), authorizesthe Cityto use
a limited portion of the revenue derived from its hotel occupancy tax for the
encouragement, promotion, improvement and application of the arts, including instrumental
and vocal music, dance, drama, folk art, creative writing, architecture, design and allied
fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio,
television, tape and sound recording, and other arts related to the presentation,
performance, execution and exhibition of these major art forms; and, for projects that
directly enhance and promote tourism and the convention industry.
GACGWGREEMEWSETEXASARTS FY 09.wpd 1 / 4
EXHIBIT "A"
WHEREAS, the Southeast Texas Arts Council is the proper organization to provide
assistance in the responsible distribution of public funds for support of the arts in
Beaumont;
Now, Therefore, the City and the Council agree as follows:
1. The payment of the total amount of One-Hundred Five-Thousand ($105,000)
Dollars by City to Council will be made from funds as available and as collected from the
Hotel Occupancy Tax. Payments of Eight-Thousand Seven-Hundred and Fifty Dollars
($8,750) will be made monthly commencing October 1, 2008.
Any funds not expended for the projects and purposes approved will be retained
by the Council to be reallocated for similar arts purposes by approval of the City.
2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably
related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4).
3. The Council is an independent contractor and is not an officer, agent or
employee of the City.
4. The Council shall submit quarterly reports in the format provided by the City
reflecting the activities of the Council as they relate to this contract. The Council shall
submit such reports quarterly commencing January 19, 2009.
5. The City Manager or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the Council.
6. It is understood and agreed that either party may terminate this contract by giving
to the other party notice in writing of said termination thirty (30) days in advance.
GAMAGREEMEWSETEXASARTS FY 09.wpd 2 / 4
7. Upon termination of this agreement, unless it be renewed, the Council shall
deliver to the City all funds paid under this contract that it may have and all removable
personable property that may have been purchased with funds derived from said tax.
8. Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Council will attend the
seminar.
9. Council agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of Council, its officers, agents and employees, including the officers, agents,
and employees involved in museum operation and specifically including herein any and all
acts of negligence by the City of Beaumont, its agents, officers or employees, carried out
under the terms of this agreement.
G:\CGWGREEMEN\SETEXASARTS FY 09.wpd 3 / 4
EXECUTED this the day of , 2008.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
SOUTHEAST TEXAS ARTS COUNCIL
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
GAMAGREEMEMSETEXASARTS FY 09.wpd 4 / 4
5
October 14, 2008
Consider approving a one year contract with the Texas Energy Museum
RICH WITH OPPORTUNITY
r
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager p�
PREPARED BY: Laura Clark, Chief Financial Officer w
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider approving a one year contract with the Texas
Energy Museum in the amount of$95,000.
RECOMMENDATION
The Administration recommends funding the Texas Energy Museum,$95,000,for FY 2009 from the
Hotel Occupancy Tax Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by
highlighting the history, along with current developments, of the oil industry in the Southeast Texas
region.
BUDGETARYIMPACT
Funds are available in the Hotel Occupancy Tax Fund.
RESOLUTION NO.
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 one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Texas Energy
Museum and the City of Beaumont in the amount of$95,000 for FY 2009.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Texas Energy Museum, herein called "TEM", is as follows:
WITNESSETH:
WHEREAS,V.T.C.A., Tax Code Section 351.001 et.seq., authorizesthe Cityto levy
by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use
a portion of the revenues derived from its hotel occupancy tax for historical restoration and
preservation projects or activities or advertising and conducting solicitation and promotional
programs to encourage tourists and convention delegates to visit preserved historic sites
or museums at or in the immediate vicinity of convention center facilities or located
elsewhere in the municipality or its vicinity that would be frequented by tourists; and, for
projects that directly enhance and promote tourism and convention activities.
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to TEM.
NOW, THEREFORE, the City and TEM agree as follows:
1. City agrees to pay to TEM the amount of Ninety-Five Thousand ($95,000)
Dollars. The payment provided for herein will be made quarterly in the amount of Twenty-
Three Thousand Seven-Hundred ($23,750) Dollars per quarter commencing October 1,
2008 from funds as available and collected from the hotel occupancy tax.
G:\CG\AGREEMEN\TX ENGERGY MU FY 09.wpd EXHIBIT "A"
Any funds not expended by TEM will be retained by TEM to be reallocated for
similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes established
by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The TEM is an independent contractor and is not an officer, agent or employee
of the City.
4. In return for the payments provided for herein, TEM agrees to operate for the
period October 1, 2008 to September 30, 2009.
5. The TEM shall submit quarterly reports in the format provided by the City
reflecting the activities of TEM as they relate to this contract. The TEM shall submit such
reports quarterly commencing January 19, 2009.
6. The City Manager of City or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the TEM.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the TEM shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
8. Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of TEM will attend the seminar.
G\CMAGREEMENUX ENGERGY MU FY 09.wpd
9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont
from any and all claims, causes of action and damages of every kind arising from the
operations of TEM, its officers, agents and employees, including the officers, agents, and
employees involved in TEM operation and specifically including herein any and all acts of
negligence by the City of Beaumont, its agents, officers or employees, carried out under
the terms of this agreement.
EXECUTED this the day of , 2008.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
TEXAS ENERGY MUSEUM, INC.
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
GACGWGREEMENITX ENGERGY MU FY 09.wpd
6
October 14,2008
Consider approving a one year contract with BUILD, Inc. Beaumont Main Street
RICH WITH OPPORTUNITY
r
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider approving a one year contract with BUILD,
Inc., Beaumont Main Street in the amount of $75,000 for
downtown economic development purposes.
RECOMMENDATION
The Administration recommends funding BUILD,Inc.,Beaumont Main Street$75,000 for FY 2009
from the General Fund.
BACKGROUND
The Beaumont Main Street program has established a partnership between public and private sectors
that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual
contribution from the City will be matched with other local funds and used to promote downtown
business development and retention.
BUDGETARY IMPACT
Funds are available in the General Fund.
RESOLUTION NO.
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 one-year contract,
substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont
Main Street and the City of Beaumont in the amount of $75,000 for FY 2009.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
i
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made and entered into by and between the City of Beaumont,
Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting
herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main
Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and through
its President.
WHEREAS, the City believes that economic development and downtown
revitalization are crucial to the continued economic success of City and believes that
BUILD should be retained to carry out a program of work on behalf of City to accomplish
these goals;
NOW, THEREFORE, in consideration of the mutual promises made herein,the City
and BUILD agree as follows:
STATEMENT OF WORK
City does hereby enter into a contract with BUILD to provide a comprehensive range
of plans and projects in Beaumont directed at economic development and downtown
revitalization by:
a) promoting the physical and social development, redevelopment and
economic well being of downtown Beaumont;
b) creating an environment in the downtown area which is conducive to
residential, commercial, employment, recreational and cultural-artistic revitalization;
C) attracting new employers;
GACGW,GREEMEMBUILD-09 wpd
EXHIBIT `A'
I
d) complying with all provisions of the Contract for Services- Urban Main Street
program between BUILD and the Texas Historical Commission.
COMPENSATION
City hereby agrees to pay to BUILD during the term of this agreement Seventy-five
Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise at least
Seventy-Five Thousand ($75,000) in additional funding from the private sector to match
the City's financial commitment.
DISBURSEMENT
Payment to BUILD will be made on a reimbursement basis and those payments will
be supported by proper verifiable documentation.
RECORDS AND REPORTS
Quarterly progress reports detailing the activities and accomplishments of BUILD,
emphasizing compliance with the Urban Main Street Program, will be due thirty (30) days
following the end of the quarter beginning with the quarter ending December 31, 2008.
In addition to said quarterly reports, BUILD will also provide an annual review related
specifically to the Urban Main Street Program covering the period of this agreement due
on October 31, 2009.
SUSPENSION AND TERMINATION
The term of this agreement will be October 1, 2008, through September 30, 2009.
Suspension and/or termination may occur if BUILD fails to comply with any or all provisions
of this agreement or for convenience.
G:\C G\AG R E E M E N\BUILD--09.wpd
I,�
ACCESSIBILITY OF RECORDS
The City retains the right to inspect and/or audit the records of BUILD, Inc. as they
consider necessary to assure compliance with this agreement.
LOSS, DAMAGE, PERSONAL INJURY
BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City
of Beaumont and its officers, agents, servants and employees, from and against any and
all claims, causes of action and damages of every kind arising out of or in conjunction with
the execution, performance attempted performance or non-performance of this contract
or from the operations and actions of BUILD, Inc., its officers, agents and employees.
EXECUTED in duplicate originals this the day of , 2008.
CITY OF BEAUMONT
By:
City Manager
"CITY"
ATTEST:
By:
City Clerk
BUILD, INC.
BEAUMONT MAIN STREET
By:
President
"BUILD"
ATTEST:
By:
G\C G\AG REEMEN\8 U I LD--09.wpd
7
October 14, 2008
Consider approving a one year contract with the Beaumont Heritage Society/John Jay French
Museum
RICH WITH OPPORTUNITY
r
T - E - x - A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager �
PREPARED BY: Laura Clark, Chief Financial OfFicerJU
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider approving a one year contract with the
Beaumont Heritage Society/John Jay French Museum in the
amount of$47,000.
RECOMMENDATION
The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum
$47,000 for FY 2009 from the Hotel Occupancy Tax Fund.
BACKGROUND
The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic
preservation and the promotion of tourism.
John J. French, an early settler in Beaumont,built the Greek Revival home which has been faithfully
restored;the home contains furniture and fixtures from the mid 19'century and is a tourist attraction
for our city.
BUDGETARY IMPACT
Funds are available in the Hotel Occupancy Tax Fund.
RESOLUTION NO.
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 one-year contract,
substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage
Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for
FY 2009.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This agreement between the City of Beaumont, a municipal corporation, herein
called "City", and the Beaumont Heritage Society operating the John J. French Museum,
herein called "Museum", is as follows:
WITNESSETH:
WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq., authorizes the City to levy
by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use
a portion of the revenues derived from its hotel occupancy tax"for historical restoration and
preservation projects or activities or advertising and conducting solicitation and promotional
programs to encourage tourists and convention delegates to visit preserved historic sites
or museums at or in the immediate vicinity of convention center facilities or located
elsewhere in the municipality or its vicinity that would be frequented by tourists; and,"
WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the
City desires to provide financial assistance to Museum for historical restoration,
preservation, and tourism in Beaumont:
NOW, THEREFORE, the City and Museum agree as follows:
1. City agrees to pay to Museum the amount of Forty-Seven Thousand ($47,000)
Dollars . The payment provided for herein will be made quarterly in the amount of Eleven
WMAGREEMENWJFRENCH FY 09.wpd 1 / 3
EXHIBIT "A"
Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October
1, 2008 from funds as available and collected from the hotel occupancy tax.
Any funds not expended by Museum will be retained by Museum to be
reallocated for similar purposes by approval of City.
2. All expenditure of funds shall be reasonably related to the purposes established
by V.T.C.A. Tax Code Section 351.101(a)(5).
3. The Museum is an independent contractor and is not an officer, agent or
employee of the City.
4. In return for the payments provided for herein, Museum agrees to operate for the
period October 1, 2008 to September 30, 2009.
5. The Museum shall submit quarterly reports in the format provided by the City
reflecting the activities of the Museum as they relate to this contract. The Museum shall
submit such reports quarterly commencing January 19, 2009.
6. The City Manager of City or his designated representative shall, upon reasonable
notice, have the right to inspect all books and records of the Museum.
7. Upon termination of this agreement or any extension thereof, unless it be
renewed, the Museum shall deliver to the City all funds paid under this contract that it may
have and all removable personal property that may have been purchased with funds
derived from said tax.
8. Funding under this contract will require that should a seminar be held during the
term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds
are made in compliance with the Act, a representative of the Museum will attend the
seminar.
G:\CGWGREEMEN\JJFRENCH FY 09.wpd 2 / 3
EXECUTED this the day of , 2008.
CITY OF BEAUMONT
By:
Kyle Hayes
City Manager
ATTEST:
By:
City Clerk
BEAUMONT HERITAGE SOCIETY
By:
Name:
Title:
ATTEST:
By:
Name:
Title:
G: MAGREEMENWJFRENCH FY 09.wpd 3 / 3
8
October 14,2008
Consider approving a contract with two vendors for mowing privately-owned properties in
violation of city ordinances
RICH WITH OPPORTUNITY
BEA,UMON*
T - E - x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider authorizing the award of a contract to
two vendors for mowing privately-owned developed and
vacant property.
RECOMMENDATION
The administration recommends the award of a six (6) month contract to CIMA Utility of Beaumont,
Texas with an estimated expenditure of$58,067.03 and to Yardboy Lawncare of Beaumont, Texas with
an estimated expenditure of$55,903.18.
BACKGROUND
Privately owned properties are in violation of the City's weed ordinance when uncultivated growth
exceeds twelve (12)inches. Property owners are notified of the violation and given a specified time to
bring the property into compliance. If property owners fail to comply with the ordinance, the City's
contractor mows the property and the property owner is fined.
The mowing contract for the entire city was awarded to Yardboy Lawncare in April of 2008. The
volume of work proved to be substantially greater than estimated and the contractor submitted written
notification that they were unable to handle the contract at that level.
The contract was rebid with the city divided into two (2) sections. Section 1 is all properties North of
College Street and within the City Limits. Section 2 is all properties South of College Street and within
the City Limits. Due to the scope of work involved in this contract both sections cannot be awarded to
the same vendor. The contract is for six(6) months with renewal options not to exceed two years with
annual percentage increases based on the Consumer Price Index for all Urban Customers
CPI-U).
Fifteen (15) vendors were notified with four (4) vendors responding. The lowest bidder for both sections
was Yardboy Lawncare. The next lowest bidder for both sections was CIMA Utility. The most advanta-
geous award of one section per contractor is Section I to CIMA Utility and Section 2 to Yardboy
Lawncare.
Contract for Mowing Privately-owned Developed and Vacant Properties
September 16, 2008
Page 2
Bid tab results are as follows:
Section 1: North of Colle a St.
Yardboy Lawncare $361 $11,808 $.00435/ $45,038.60 $80/ $480 $57326.60
Beaumont, Texas cutting sq.ft acre
CIMA Utility $30/ $9,840 $.0046/ $47,627.03 $100/ $600 $58067.03
Beaumont,Texas cutting sq.ft. acre
Northstar Unlimited $63/ $20,664 $.0083/ $85,935.73 $193/ $1,158 $85935.73
Beaumont, Texas cutting sq.ft. acre
ALLTEX Construction $150/ $49,200 $.023/ $238,135.14 $150/ $900 $288,235.14
Orange, Texas cutting sq. ft. acre
Section 2: South of Colle a St.
Yardboy Lawncare $36/ $9,072 $.00435/ $43,271.18 $80/ $560 $55,903.18
Beaumont, Texas cutting sq. ft. acre
CIMA Utility $30.00/ $7.560 $.0046/ $48,930.44 $100/ $700 $57,190.44
Beaumont, Texas cutting sq. ft. acre
Northstar Unlimited $63/ $20,664 $.0083/ $85,935.73 $193/ $1,158 $107,757.73
Beaumont, Texas cutting sq. ft. acre
ALLTEX Construction $150/ $37,800 $.023 $244,652.21 $150/ $1200 $283,652.21
Orange, Texas cutting acre
BUDGETARY IMPACT
Funds are available for this expenditure in the Public Health Department, Code Enforcement Division
operating budget.
RESOLUTION NO.
WHEREAS, bids were received for six a (6) month contract for mowing privately-
owned developed and vacant properties in violation of the City's weed ordinances; and,
WHEREAS, the following vendors submitted bids as shown below:
Section 1: North of College Street
VENDOR PROPERTY LESS PROPERTY 6500 SQ.FT. PROPERTY ONE (1) TOTALS
THAN 6500 SQ.FT OR GREATER ACRE OR GREATER
(MIN BID)
328 cuttings/yr 10,353,702 sq.ft./yr 6 parcels/yr
CIMA Utility $30/ $9,840 $.0046/ $47,627.03 $100/ $600 $58067.03
Beaumont, TX cutting sq.ft. acre
Section 2: South of College Street
VENDOR PROPERTY LESS PROPERTY 6500 SQ.FT. PROPERTY ONE (1) TOTALS
THAN 6500 SQ.FT OR GREATER ACRE OR GREATER
(MIN BID)
252 cuttings/yr 10,637,053 sq.ft./yr 7 parcels/yr
Yardboy Lawncare $36/ $9,072 $.00435/ $43,271.18 $80/ $560 $55903.18
Beaumont, TX cutting sq.ft. acre
and,
WHEREAS, City Council is of the opinion that the bids submitted by CIMA Utility and
Yardboy Lawncare, Beaumont,Texas,forthe unit prices shown above should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bids submitted by CIMA Utility and Yardboy Lawncare, Beaumont, Texas,for six
(6) month contracts for mowing privately-owned developed and vacant properties for the
unit prices stated above for an estimated annual cost of $58,067.03 and $55,903.18
respectively be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
October, 2008.
- Mayor Becky Ames -
9
October 14, 2008
Consider amending the Henry Homberg Golf Course rates
RICH WITH OPPORTUNITY
[I 17L A► (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager ,J�
PREPARED BY: Laura Clark, Chief Financial Officer 0�
MEETING DATE: October 14, 2008
REQUESTED ACTION: Council consider amending the Henry Homberg Golf
Course rates.
RECOMMENDATION
Administration recommends approval of an increase in the golf course rates. Current and
proposed rates are attached.
BACKGROUND
In November 2004, the City discontinued its contract with an outside party to manage the Henry
Homberg Golf Course and purchased the pro shop inventory, heavy equipment, and supplies
from the individual who had been managing the golf course. The City assumed the rates that
were in place at that time. Since taking over the management of the golf course, a new club
house has been constructed, the parking lot has been expanded, new tee box signs have been
installed, and a new fleet of golf carts have been purchased. Also, the Parks and Recreation
Department has worked very hard to improve the condition of the grounds at the golf course.
Since FY 2007, the Golf Course has been subsidized by the General Fund in the amount of
$35,000 per year.
Although, the transfer from the General Fund to the Henry Homberg Golf Course Fund in FY
2009 is $35,000, we anticipate the proposed increase in rates in addition to the evaluation and
implementation of controls and procedures to more efficiently operate the course could reduce
the amount transferred from the General Fund in future years. The proposed rate increase would
be effective November 1, 2008.
BUDGETARY IMPACT
Based on an analysis of green fees and cart rentals from October 2007 through June 2008, the
proposed rate increases for FY 2009 would generate additional revenues by an estimated
$35,000. The FY 2009 operating budget for the Henry Homberg Golf Course Fund is attached.
Henry Homberg Golf Course Rate Increase
Effective November 1, 2008
Current Prices Proposed Prices
Green Fees
9 Holes 18 Holes 9 Holes 18 Holes
Weekday $ 8.00 $ 12.00 $ 8.00 $ 12.00
Weekend 10.00 15.00 10.00 17.00
Senior(age 60+) 6.00 6.00 6.00 7.00
Youth (under 18) 6.00 6.00 6.00 7.00
Cart Fees
Weekday $ 5.00 $ 10.00 $ 6.00 $ 11.00
Weekend 5.00 10.00 6.00 11.00
Driving Range $ 3.00 Per bag $ 3.00 Per bag
HENRY HOMBERG GOLF COURSE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Estimated Budget
FY 2007 FY 2008 FY 2009
REVENUES
Charges for services $ 432,523 $ 442,000 $ 495,000
Other 44,201 39,700 39,700
TOTAL REVENUES 476,724 481,700 534,700
EXPENDITURES
Wages 170,078 205,500 202,000
Benefits 54,805 62,100 63,600
Operating expenditures 52,744 64,500 70,600
Repair and maintenance 26,795 51,600 54,800
Utilities 14,236 19,100 20,300
Contract services 18,202 15,100 16,600
Capital expenditures - 54,400 58,600
Debt service 75,644 75,700 75,700
TOTAL EXPENDITURES 412,504 548,000 562,200
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 64,220 (66,300) (27,500)
BEGINNING FUND BALANCE 53,390 117,610 51,310
Unreserved 117,610 51,310 23,810
ENDING FUND BALANCE $ 117,610 $ 51,310 $ 23 810
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 20, OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY ADDING A NEW SECTION 20-13 PROVIDING FOR
HENRY HOMBERG GOLF COURSE FEES AND CHARGES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; AND PROVIDING FOR A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 20 of the Code of Ordinances of the City of Beaumont be and it is
hereby amended by adding Section 20-13 to read as follows:
Sec. 20-13.
Henry Romberg Golf Course — Fees and Charges.
9 Holes 18 Holes
Green Fees
Weekday $ 8.00 $12.00
Weekend 10.00 17.00
Senior (age 60+) 6.00 7.00
Youth (under 18) 6.00 7.00
Cart Fees
Weekday $ 6.00 $11.00
Weekend 6.00 11.00
Driving Range $3.00 per bag
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 14th day of
October, 2008.
- Mayor Becky Ames -
10
October 14,2008
Consider approving an ordinance terminating the previously declared state of disaster made
necessary by the imminent threat of Hurricane Ike. Also to consider repealing Ordinance No. 08-
081 which removed the competitive bidding requirements because of the public calamity resulting
from Hurricane Ike
RICH WITH OPPORTUNITY
ic"A, (
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: "Tyrone E. Cooper, City Attorney
MEETING DATE: October 14, 2008
REQUESTED ACTION: Consider passage of an ordinance terminating the
previously declared state of disaster made necessary by the
imminent threat of Hurricane Ike. Also to consider
repealing Ordinance No. 08-081 which removed the
competitive bidding requirements because of the public
calamity resulting from Hurricane Ike.
RECOMMENDATION
Administration recommends approval of an ordinance terminating the previously declared state
of disaster made necessary by the imminent threat of Hurricane Ike and repealing Ordinance No.
08-081 which removed the competitive bidding requirements because of the public calamity
resulting from Hurricane Ike.
BACKGROUND
On September 8, 2008, the Mayor issued a proclamation declaring a local state of disaster for the
City of Beaumont pursuant to Section 418.108 of the Texas Government Code due to the
imminent threat to the residents of the City of Beaumont posed by Hurricane Ike. This
proclamation activated the previously adopted City Emergency Management Plan. The Plan
called for prompt and effective response to a natural disaster, such as Hurricane Ike, and the
necessary emergency relief that would follow. The Mayor, as the Emergency Management
Director, also adopted emergency power directives calculated to effectively control the situation
in order to protect life and property of the Beaumont residents. The Council, on September 16,
2008, in a special emergency meeting, confirmed and ratified the action of the Mayor and
continued in effect the previously proclaimed state of disaster.
The purpose of this action is to assess the present situation and to determine whether the
conditions which made the declaration of disaster necessary have sufficiently subsided to a point
that the state of emergency can be terminated. If the Council is satisfied that the conditions
necessitating the proclamation of a local state of disaster have ceased to exist or that the disaster
has been dealt with to the extent that emergency conditions no longer exist, then the declared
state of disaster should be terminated.
Council is also to consider repealing Ordinance No. 08-081 which suspended the operation of the
competitive bidding requirements for procurements made as part of the recovery efforts resulting
from Hurricane Ike.
BUDGETARY IMPACT
Has not been determined at this time.
ORDINANCE NO.
ENTITLED AN ORDINANCE TERMINATING THE
DECLARED STATE OF DISASTER MADE NECESSARY BY
THE IMMINENT THREAT OF HURRICANE IKE AND
REPEALING ORDINANCE NO.08-081 WHICH SUSPENDED
THE COMPETITIVE BIDDING REQUIREMENTS FOR THE
RECOVERY EFFORTS RESULTING FROM HURRICANE
IKE.
WHEREAS, on September 8, 2008, the Mayor of the City of Beaumont issued
a proclamation (Ordinance No. 08-076) declaring a local state of disaster in anticipation
of the imminent threat that Hurricane Ike posed upon the lives and property of the
inhabitants of the City of Beaumont; and
WHEREAS, by Ordinance No. 08-080, the City Council of the City of Beaumont
confirmed, ratified and extended all emergency proclamations, orders, regulations, and
curfews previously issued by the Mayor, and
WHEREAS, the City Council continued in effect the declared state of disaster by the
Mayor until such time as the conditions necessitating the proclamation of the local state
of disaster ceased to exist; and
WHEREAS, the City Council for the City of Beaumont is of the opinion that the
conditions made necessary for the declaration of a local state of disaster no longer exist
and the local state of disaster should be terminated.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
Section 1.
THAT the City Council, as the governing body of the City of Beaumont, hereby
terminates the proclamation of a local state of disaster described in the preamble above.
Section 2.
THAT Ordinance No. 08-081, removing the operation of competitive bidding
requirements, made necessary because of the public calamity resulting from Hurricane Ike,
be and it is hereby repealed.
Section 3.
THAT a public emergency exists requiring that this ordinance be passed formally
on the date of its introduction; therefore, this ordinance shall take effect immediately upon
its passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14`h day of
October, 2008.
- Mayor Becky Ames -