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PACKET JAN 27 2009
RICH WITH OPPORTUNITY BEA,UMON* T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 27, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to renew the management agreement with the Beaumont Council of Garden Clubs for its continued operation of the gardens at Tyrrell Park B) Authorize the acquisition of property in the Van Wormer Addition for the Downtown Event Center and Park C) Approve a bid to replace the roof on the Animal Control facility D) Approve the purchase of a backhoe for use by the Sewer Maintenance Division of the Water Utilities Department E) Approve a contract for reconstruction and rehabilitation of a home damaged by Hurricane Rita F) Authorize the granting of an Oil, Gas and Mineral Lease to Kingwood Exploration LLC G) Authorize the City Manager to execute an agreement with Entergy for utility relocations on the Willow Street Project A RICH WITH OPPORTUNITY 1 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Director of Parks and Recreation MEETING DATE: January 27, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to renew the management agreement with the Beaumont Council of Garden Clubs for its continued operation of the gardens at Tyrrell Park. RECOMMENDATION The Administration recommends approval of authorizing the City Manager to,renew a five-year management agreement with the Beaumont Council of Garden Clubs. BACKGROUND The Beaumont Council of Garden Clubs has worked on and developed the gardens at Tyrrell Park since 1971 and has managed the garden property under an agreement with the City since 1999. These gardens are cultivated and maintained by the Garden Council and are open to the public to promote horticultural activities and botanical education. The agreement makes the Garden Council responsible for managing and maintaining the gardens. The City provides the Garden Council with $2,000 monthly toward that expense. The City is also responsible for general grounds and building maintenance. The Garden Council is requesting that the existing agreement be renewed and is not requesting any changes in the terms. The Garden Council has continued to develop and upgrade the property. The new Garden Center Building, which is a beautiful addition to the Gardens, was fully funded by private benefactors supportive of the Garden Council's mission. The Garden Council is doing a good job and continues to contribute to the betterment of this community. Staff supports continuing this agreement under the existing terms. A draft of the updated Management Agreement is attached for your review. BUDGETARYIMPACT Funds are available in the Parks and Recreation Department's budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute the renewal of a Management Agreement with Beaumont Council of Garden Clubs (BCGC). The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - MANAGEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS,the City of Beaumont,a municipal corporation domiciled in Jefferson County, Texas, hereinafter called"City," and the Beaumont Council of Garden Clubs, a Texas non-profit corporation domiciled in Jefferson County, Texas,,hereinafter called "Garden Council," and WHEREAS, the parties recognize the mutual benefit to Garden Council and City derived from the existence of the Beaumont Botanical Gardens and the Warren Loose Conservatory on the grounds of Tyrrell Park, and WHEREAS, to that end, City and Garden Council agree as follows: WITNESSETH : Article 1. Description of Lease Premises For and in consideration of payment by City of the management fee hereinafter reserved to Garden Council and the performance by Garden Council of the covenants and agreements hereinafter contained to be performed by Garden Council, and in accordance with all of the provisions hereinafter set forth, City does hereby lease and let unto Garden Council,and Garden Council does hereby take and lease from City, the following described real property and premises (the "Leased Premises"): That certain land more fully described in Exhibit"A" attached hereto and made a part hereof by this reference,hereinafter called the"Land,"and the Garden Council,Warren Loose Conservatory and parking facilities, hereinafter called the "Building." Page 1 of 11 EXHIBIT "A" Garden Council is also given the non-exclusive right during the term of this Agreement to utilize the property described in Exhibit"B" for any purpose that has been approved in writing in advance by the City Manager of the City, or his designee. Article 2. Term of Agreement The term of this Agreement shall be for five(5)years commencing on February 1,2009 and terminating at 11:59 p.m. on January 31, 2014, if not sooner terminated as hereinafter provided. Article 3. Management Fee In consideration for Garden Council maintaining and managing the Leased Premises herein described, City shall pay to Garden Council the sum of Two Thousand Dollars ($2,000.00) per month, payable on the first day of each month during the term of this Agreement, commencing on February 1, 2009. Article 4. Use and Occupancy Garden Council shall use and occupy the Leased Premises as a botanical garden, Garden Council building and conservatory for the education and promotion of horticultural activities and related purposes during the full term of this Agreement. The grounds of the botanical gardens and conservatory shall be open to the public during normal hours of operations as shall be agreed to between the parties. Garden Council will comply with any and all laws,ordinances,rules,orders and regulations of any governmental authority which are applicable to Garden Council's operations in and on the Leased Premises. Garden Council further agrees that no part of said facility will be used for any unlawful purpose. Any use of the Leased Premises or property described in Exhibit`B"by Garden Council shall be in accordance with the Americans with Disabilities Act and any revision thereof. Page 2 of 11 City covenants that if,and so long as,Garden Council performs the covenants hereof,Garden Council shall peaceably and quietly have, hold and enjoy the Leased Premises for the term of this Agreement, subject to each and all of the covenants and provisions contained herein. Article 5. Alterations, Additions or Improvements Garden Council shall not,without first obtaining the written consent of the City Manager or his designee,make any alterations,additions or improvements to the Building or the land;provided, however,that such consent shall not be unreasonably withheld. Any work done by Garden Council to the Leased Premises or property described in Exhibit "B" shall be done in a good and workmanlike manner and without impairing the structural integrity of the Land or Building. Any alterations, additions or improvements made by Garden Council shall become the property of City at the termination of this Agreement. In the event improvements are contemplated or made to the property or grounds, the City may, at its sole discretion, assist the Garden Council by providing employees, equipment and/or materials as may be available at the time. All improvements shall be made in accordance with Garden Council's master plan. Article 6. Obligations of City and Garden Council Garden Council shall use the funds provided in Article 3 above to provide and maintain a clean and pleasant environment, free of any hazards, at all times. Garden Council shall pay all personal property taxes, if any, imposed on the equipment, inventory, fixtures and other personal property located on the Leased Premises. Garden Council should maintain such insurance as it deems appropriate to protect its personal property on the Leased Premises. Page 3 of 11 Garden Council shall, at its own expense, provide such competent help and personnel as it shall deem necessary for the safe operations and management of the facility. Any employee of the Garden Council shall be solely an employee of the Garden Council and shall not be considered an employee of City for any purpose. City shall be obligated and responsible for the following: a. Maintenance and repair of the interior and exterior walls,roof,foundation,doors and sidewalks of the Garden Council building; and b. Maintenance and repair of parking areas; and C. Maintenance and repair of electrical systems; and d. Maintenance and repair of air conditioning systems in the Garden Council building; and e. Maintenance services for lawn and turf areas described in Exhibit"A." Planting beds and garden areas shall be the responsibility of Garden Council; and f. Payment of electrical, gas, water utilities and telephone services, excluding long distance telephone service charges; and g. Maintenance and repair of the Warren Loose Conservatory's structural systems, including the replacement of windows; and h. Repair of Building's plumbing system, excluding services required to remove obstructions from sewer lines. All irrigation systems are the responsibility of Garden Council. All obligations which are not listed above shall be the responsibility of Garden Council. City shall, at its expense,maintain such casualty insurance covering the Leased Premises as Page 4 of 11 it deems appropriate to cover its interest thereon. Garden Council shall have no authority to incur any obligation on behalf of the City nor does City have any authority to incur any obligation on behalf of the Garden Council concerning the facility. This Management Agreement shall not be assignable in whole or in part by Garden Council or City without the written consent of the other party. Garden Council shall, at all times, keep the property of City free and clear of all liens, attachments, encumbrances or claims arising out of Garden Council's operations. Article 7. General Liability Insurance Garden Council shall provide general liability insurance in the minimum aggregate amount of One Million Dollars ($1,000,000), such insurance naming City as an additional named insured, and provide City with a certificate of insurance evidencing such coverage. The insurance must additionally insure the indemnity required by this Agreement. Article 8. Damage to Leased Premises In the event the Leased Premises are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Garden Council shall give immediate notice to City. City may repair the damage and restore the Leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. Garden Council shall allow City a fair reduction of the management fee during the time the Leased Premises are partially unfit for occupancy. If the Leased Premises are totally destroyed or deemed by the City to be rendered unfit for occupancy by fire or other casualty, or if City shall decide not to repair or rebuild, this management Agreement shall terminate and the management fee shall be paid to the time of such casualty. Page 5 of 11 Article 9. Default In the event either party defaults in the performance of any of its obligations under this Agreement,and such default continues uncorrected for thirty(3 0)days after written notice from the other party of the particular default, said notice being given by certified mail, return receipt requested, addressed to the defaulting party at its address as hereinafter set forth,thereupon, at the sole election of the non-defaulting party,this Agreement may be terminated. City shall have a right of re-entry and operation of the facility upon any termination. Article 10. Indemnification Garden Council shall indemnify and hold City harmless from any and all liabilities,claims, damages, judgments, injuries, costs, and expenses, including reasonable attorney's fees for the defense thereof,arising from the conduct or management of Garden Council's business or its use of the Leased Premises. Article 11. Non-Appropriation of Funds Notwithstanding anything contained in this Agreement to the contrary,in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for management payments due under this Agreement, City will immediately notify Garden Council in writing of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to City. If both the City and Garden Council wish to continue the Agreement without payment of any management fees, and it is agreed to by both parties in writing, the Agreement will continue in accordance with the terms and conditions as stated herein. Page 6 of 11 I Article 12. Miscellaneous Provisions All notices required to be given hereunder by City to Garden Council shall be in writing and delivered by certified mail,return receipt requested, and addressed to Garden Council as follows: Beaumont Council of Garden Clubs 6088 Babe Zaharias Dr. Beaumont, TX 77705 All notices required to be given by Garden Council to City shall be similarly given,addressed to City as follows: City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 provided that either party may, by notice in writing to the other, designate any additional or alternative address to which such notices shall be given. If any portion of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable,but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. This document contains the entire Agreement of the parties and there are no other promises or conditions in any other agreement,whether oral or written. This Agreement may be modified or amended in writing, if the writing is signed by the parry obligated under the amendment. This Agreement shall be deemed to be made and shall be performable in Jefferson County, Texas and shall be construed in accordance with the laws of the State of Texas. Page 7 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 2009. BEAUMONT COUNCIL OF GARDEN CLUBS CITY OF BEAUMONT By: By: Terry Allen, President Kyle Hayes, City Manager C\d,.vn u Snmg,yv*h WDakmp`fmtrn CaunciMag o—Gv ClubI .wd Page 8 of 11 Exhibit"A" TRACT A BEING a 7.744 acre tract of land in Tyrrell Park; BEGINNING at a 3/4" iron rod set for the Northwesterly corner of the herein described tract,to-wit; THENCE North 88 degrees 15 minutes 20 seconds East for a distance of 125.38 feet to a fence corner; THENCE North 88 degrees 50 minutes 27 seconds East for a distance of 249.39 feet to a fence corner; THENCE North 46 degrees 32 minutes 13 seconds East for a distance of 236.8 feet to a fence corner; THENCE North 61 degrees 53 minutes 35 seconds East for a distance of 89.05 feet to a fence corner; THENCE North 68 degrees 12 minutes 12 seconds East for a distance of 233.74 feet to a fence corner; THENCE South 30 degrees 30 minutes 29 seconds East for a distance of 172.4 feet to a fence corner; THENCE South 45 degrees 26 minutes 00 seconds West for a distance of 281.45 feet to a fence corner; THENCE South 06 degrees 09 minutes 37 seconds West for a distance of 176.99 feet to a fence corner; THENCE South 66 degrees 24 minutes 56 seconds West for a distance of 168.37 feet to a fence corner; THENCE South 87 degrees 32 minutes 09 seconds West for a distance of 61.0 feet to a fence corner; THENCE South 45 degrees 55 minutes 30 seconds West for a distance of 161.61 feet to a fence corner; THENCE South 31 degrees 14 minutes 50 seconds West for a distance of 134.53 feet to a 3/4" iron rod; THENCE North 42 degrees 23 minutes 01 seconds West for a distance of 376.74 feet to a spike nail; THENCE North 24 degrees 58 minutes 28 seconds West for a distance of 181.42 feet to a 3/4" iron rod; THENCE North 15 degrees 48 minutes 35 seconds East for a distance of 79.18 feet to a 3/4" iron rod and the PLACE OF BEGINNING, containing 7.744 acres of land, more or less. Page 9 of 11 Exhibit`B" TRACT B BEING a 15.336 acre tract of land in Tyrrell Park; BEGINNING at a 3/4"iron rod set for the Northwesterly corner of the herein described tract,to-wit; THENCE North 31 degrees 14 minutes 50 seconds East for a distance of 134.53 feet to a fence corner; THENCE North 45 degrees 55 minutes 30 seconds East for a distance of 161.61 feet to a fence corner; THENCE North 87 degrees 32 minutes 09 seconds East for a distance of 61.0 feet to a fence corner; THENCE North 66 degrees 24 minutes 56 seconds East for a distance of 168.37 feet to a fence corner; THENCE North 06 degrees 09 minutes 37 seconds East for a distance of 176.99 feet to a fence corner; THENCE North 45 degrees 76 minutes 00 seconds East for a distance of 281.45 feet to a fence corner; THENCE North 30 degrees 30 minutes 29 seconds West for a distance of 172.40 feet to a fence corner; THENCE North 44 degrees 45 minutes 59 seconds East for a distance of 63.21 feet to a 3/4" iron rod; THENCE South 19 degrees 84 minutes 58 seconds East for a distance of 350.44 feet to a 3/4" iron rod; THENCE South 28 degrees 12 minutes 35 seconds East for a distance of 413.3 feet to a 3/4" iron rod; THENCE South 24 degrees 33 minutes 43 seconds West for a distance of 85.05 feet to a 3/4" iron rod; THENCE South 01 degrees 46 minutes 35 seconds West for a distance of 521.04 feet to a 3/4" iron rod; THENCE South 07 degrees 06 minutes 03 seconds East for a distance of 667.91 feet to a 3/4" iron rod; THENCE South 74 degrees 41 minutes 23 seconds West for a distance of 39.58 feet to a 3/4" iron Page 10 of 11 rod; THENCE North 21 degrees 15 minutes 48 seconds West for a distance of 221.83 feet to a 3/4" iron rod; THENCE North 29 degrees 45 minutes 48 seconds West for a distance of 225.33 feet to a 3/4" iron rod; THENCE North 33 degrees 19 minutes 18 seconds West for a distance of 168.08 feet to a 3/4" iron rod; THENCE North 37 degrees 06 minutes 14 seconds West for a distance of 256.86 feet to a 3/4" iron rod; THENCE North 49 degrees 50 minutes 46 seconds West for a distance of 353.95 feet to a 3/4" iron rod; THENCE North 58 degrees 29 minutes 26 seconds West for a distance of 237.4 feet to a 3/4" iron rod and the PLACE OF BEGINNING, containing 15.336 acres of land, more or less. Page 11 of 11 RICH WITH OPPORTUNITY BEA,UMON* 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: January 27, 2009 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of property. RECOMMENDATION The Administration recommends authorizing City Council approve a resolution for the acquisition of property in the Van Wormer Addition for the Downtown Event Center and Park. BACKGROUND As part of the development of the Downtown Event Center and Park, lots are being acquired in downtown Beaumont in the area bordered by Martin Luther King Jr. Parkway, Crockett Street, Neches Street and an abandoned rail line. Christopher Truong, owner of the property listed below, has agreed to convey their property to the City: Lots 3 - 5 and 7 - 12, Block 23, Van Wormer Addition (323 M L King Jr. Pky.) Value: $190,000.00 BUDGETARY IMPACT Funds are available in the Capital Program. en&uoWib.wpd 13 January 2009 Pf' sepr ' . u40 po 1' Lh . � a .��_' 'cT��'> �. 3dT0.,�, ���w�97�• q.. x.95 Ste'77 JR�4 / L dy�7T Pit 4.1 x 10 1z o � $ 5C •� ° •50 GO S0 BQN AM /O b P•7� • X41 -/,• ` q. 50 50 5 ry 4 a 2 / e O b -E 0.. 2 ° c. 26. 'a _ /0 // fY� .ILI 5 . s ' ` y 7 r 2 � P/ A Y s � 5 4'l CI:OSE•p U VL y a 1Q. `I 'R GKE T 50 cl osG� 5 3 .•3 ti •$/// ` S *- .1 SO 50 2 1 y.j• 6 / i .. so 50 - 6 >! 50 60 CfoSC� y -8 60 so _ SO. 3�-°0. 8gy se e o 50 _ .60 5 a a a • 50. 5 ` •3 Z 1. o °6 GO [�I G1.1t 50 ., • 72,: 50 �.(/ /• f 51.78 o g ., 8 .6 .SO fti - fimi IVff iVy g 6. 4 � s0 � 00 • s a , 5 O v. -. T•. ' _ 150 50 SIM. 50 ♦ lit® .. 3 .L. L o x 50 432 .4 �• 6 N .. 61.11 50 ng �. .'A • 0 50 s a �j 4 2 57M D. •4 3 2 ► o o FAN 1N 50 50 5 g so _ 60 so 0 'G.o 5O0 421 10+. 0 90 x-199 50 10 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of property in the Van Wormer Addition as shown below for the Downtown Event Center and Lake Park: Lots 3 - 5 and 7 - 12, Block 23, Van Wormer Addition (323 M L King Jr. Pky.) Owner: Christopher Truong Value: $190,000.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the above described property be, and the same is hereby, approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - c RICH WITH OPPORTUNITY 1 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: January 27, 2009 REQUESTED ACTION: Council consider the award of a bid to replace the roof on the Animal Control facility. RECOMMENDATION Administration recommends the award of a bid to Bruce's General Construction of Beaumont in the amount of$66,000. BACKGROUND Three(3)bids were received on Thursday, January 8, 2009 for all labor, materials, and equipment necessary to replace the roof on the Animal Control facility located at 1884 Pine Street. The existing roof system is approximately thirty(30)years old. The roof and supporting structures have deteriorated beyond repair due to age and frequent use of chlorine and other chemicals to sanitize the facility. Bids received are as follow: Contractor Price Completion Time Bruce's General Construction,Inc., Beaumont,TX $66,000 60 calendar days Mike Barnett Construction,Port Neches,TX $79,410 60 calendar days Cleveco Construction Company,Lumberton,TX $135,000 60 calendar days Bruce's General Construction is a certified Minority Business Enterprise company. The project will commence in February and be completed by April 2009. BUDGETARY IMPACT Funds are available in the Capital Reserve Fund for this project. RESOLUTION NO. WHEREAS, bids were solicited for furnishing all labor, materials, and equipment to replace the roof on the Animal Control facility located at 1884 Pine Street; and, WHEREAS, Bruce's General Construction, Inc., of Beaumont, Texas, submitted a bid in the amount of$66,000; and, WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General Construction, Inc., 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 Bruce's General Construction, Inc., in the amount of$66,000 for furnishing all labor, materials, and equipment to replace the roof on the Animal Control facility located at 1884 Pine Street be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - D 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 Officer MEETING DATE: January 27, 2009 REQUESTED ACTION: Council consider approving the purchase of a backhoe for use by the Sewer Maintenance Division of the Water Utilities Department. RECOMMENDATION The administration recommends approval of the purchase from Equipment Support Services of Houston, Texas in the amount of$61,739. BACKGROUND Pricing for the backhoe is obtained through the Houston-Galveston Area Council(H-GAC) Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. This backhoe will be used by Sewer Maintenance to excavate sewer and water lines for repair. This backhoe will be replacing unit 5124, which is a 1996 Ford 555D tractor with loader and backhoe. This backhoe will be disposed of according to the City's surplus equipment disposal policy. The basic warranty provided is one(1)year. Work can be performed by International Trucks of Houston if needed. Delivery is estimated at thirty to ninety days. BUDGETARY IMPACT Funds are budgeted in the Water 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 approve the purchase of a backhoe from Equipment Support Services of Houston, Texas, in the amount of$61,739 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program for use by the Water Utilities Department, Sewer Maintenance Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - . . _ E RICH WITH OPPORTUNITY i 1 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: January 27, 2009 REQUESTED ACTION: Council consider authorizing the award of a contract for reconstruction and rehabilitation of a home damaged by Hurricane Rita. RECOMMENDATION Administration recommends the award of a contract to The ETHE Group of Houston, Texas for $59,150. BACKGROUND The Housing Division of the Community Development Department identifies single family homes that are eligible for federal grant funding allocated to the Texas Department of Housing and Community Affairs(TDHCA)Disaster Program from the U. S. Department of Housing and Urban Development to remediate the unmet housing needs of Beaumont residents resulting from Hurricane Rita. These homes are identified through either a pre-application process or by a review of Federal Emergency Management Agency, City, and/or County information concerning the damage caused by the hurricane. The TDHCA Hurricane Rita Disaster Recovery Program requires that these housing units meet minimum property standards and local health and safety codes at project completion. The type of activity being completed determines the minimum construction standards that must be met. Bids were solicited from two (2) construction contractors for the reconstruction of one(1) owner-occupied housing unit at 140 Captain. The reconstruction will be managed by George E. Johnson Development, Inc. of Houston and the City's Housing Division. The ETHE Group was low bidder. Bids received are as follows: Reconstruction and Rehabilitation of a Home Damaged by Hurricane Rita January 27, 2009 Page 2 VENDOR TOTAL PRICE The ETHE Group $59,150 TWA Air Conditioning $93,106 BUDGETARY EWPACT Funding will be provided by a federal grant from the U. S. Department of Housing and Urban Development allocated to the Texas Department of Housing and Community Affairs Disaster Recovery Program which requires no matching funds from the City. RESOLUTION NO. WHEREAS, bids were solicited for a contract forthe reconstruction and rehabilitation of one (1) owner-occupied housing unit damaged by Hurricane Rita located at 140 Captain pursuant to the Texas Department of Housing and Community Affairs (TDHCA) Disaster Program; and, WHEREAS, The ETHE Group of Houston, Texas, submitted a bid in the amount of $59,150; and, WHEREAS, City Council is of the opinion that the bid submitted by The ETHE Group of Houston, Texas, in the amount of$59,150 for reconstruction and rehabilitation of one (1) owner-occupied housing unit located at 140 Captain should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by The ETHE Group of Houston, Texas, in the amount of$59,150 for reconstruction and rehabilitation of one (1) owner-occupied housing unit located at 140 Captain be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - F RICH WITH OPPORTUNITY BEA,UMON* 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: January 27, 2009 REQUESTED ACTION: Council consider a resolution authorizing the granting of an Oil, Gas and Mineral Lease to Kingwood Exploration LLC. RECOMMENDATION The administration recommends authorization to grant the lease to Kingwood Exploration LLC. BACKGROUND Kingwood Exploration LLC proposes to lease property within the Beaumont city limits for oil and gas exploration. A lease will be based on the following: $300 per acre for 1.28099174 net mineral acres, or$384.30 25% royalty(from any oil and gas produced from under City owned property) Three(3)year Primary Term (Length of lease unless there is production) Kingwood Exploration LLC is conducting exploration, geologic and geophysical surveys by seismograph, and drilling for minerals produced by the land in and around the City of Beaumont. BUDGETARY IMPACT The City of Beaumont is a royalty owner in the potential well or wells, and would be entitled to receive income from any oil and gas produced from under City owned property. \-OeaK_ki%--o&ib 9 January 2009 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 Memorandum of Oil, Gas and Mineral Lease and an Oil, Gas and Mineral Lease with Kingwood Exploration, LLC, of Shreveport, Louisiana, substantially in the forms attached hereto as Exhibits "A" and "B," for 1.28099174 acres of land in the John A. Veatch Survey, Abstract 55. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - 252/099/MM/atm _ MEMORANDUM OF OIL, GAS AND MINERAL LEASE STATE OI''TEXAS § COUNTY OF JEFITERSON § This Agreement,made and entered into on October 5,2008,by and between THE CITY OF BEAUMONT, whose address is P.O.Box 3827,B.eaumont,TX 77704-3827,hereinafter referred to as`.`Lessor",whether one or more, and KINGWOOD EXPLORATION LLC, whose address is 7330 Fern Avenue, Suite 801, Shreveport, LA 71105, hereinafter referred to as"Lessee". WITNESSETH: Lessor and Lessee have this day.entered into an Oil,Gas and Mineral Lease("Lease")covering the following described.lands located in Jefferson County,Texas(the"lands"),to wit: 1.28099174 acres of land,in the John A.Veatch Survey,Abstract 55,being out of Block 1 of the Gladys City Oil, Gas and Manufacturing Subdivision as shown by the map or plat of said subdivision, recorded in Volume 8, Page 145 of the Map Records of Jefferson County,Texas, being more particularly described in that certain deed dated. August 16, 1949, from Dora Palermo Bonura,et al to the City of Beaumont,recorded in Volume 746,Page 332 of the Deed Records of Jefferson County,Texas. To which reference.is herein made for a more complete description. The Oil,Gas and Mineral Lease has a primary term of three(3)years from the effective date of said Lease,and shall continue as long thereafter as oil or gas is produced in paying quantities from the Leased Premises of land pooled therewith, or said lease is otherwise maintained,all as more particularly set out in said Oil,Gas and Mineral Lease of even date herewith to which reference is hereby made for all purposes including further description of the terms, provisions and conditions of said Lease. This Memorandum of Oil,Gas and Mineral Lease("M,eniorandum")is subject to the terns and conditions of that certain Lease of even date herewith between the parties hereto which, with all of its terms, covenants and other conditions, is hereby referred to and incorporated herein, the same as if copied in frill herein at this point. Included within the terms,provisions and conditions of the Oil,Gas and Mineral Lease is the right of Lessee to obtain subsurface right-of-ways and easements tinder the surface of and through the subsurface of the]eased premises. The purpose of this Memorandum is to evidence the existence of said Lease and this Memorandum is executed _ and recorded solely for the purpose.of affording notice of the existence of said Lease and shall,not amend, alter or otherwise affect the terms,provisions and conditions of said Lease. This Memorandum is recorded in lieu of filing said Lease for record in the Official Records of Jefferson County,Texas,so as to avoid unduly encumbering such records and to give notice to all,third parties dealing with Lessor and Lessee or with the lands described herein. The Lease and this Memorandum shall be binding upon Lessor and Lessee and their respective heirs,successors,representatives and assigns. This Memorandum of Oil, Gas arid Mineral Lease may be executed as one instrument or in several partially executed counterparts and the original and all counterparts shall be construed together and shall constitute one Agreement. Should less than all of the named Lessors execute this Memorandum,it shall be binding on those who sign. IN WITNESS WHEREOF,this instrument is executed on the date first above written. LESSOR: THE CITY OF BEAUMONT. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED.FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. EXHIBIT "A" 252/099 1MM/atm ACKNOWLEDGMENT STATE OF TEXAS § COUNTY Or JEFFERSON § This instrument was acknowledged before me on this the. day of ;2008, by THE CITY OF BEAUMONT. Notary Public,State of TEXAS My Commission Expires: Ecopy 2S2/099/Mn,►/atm NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTYBEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'.S LICENSE NUMBER. rroducers 88(4/76 Revised Paid Up @POUND PRINTINEi GOMf'ANY o,,,.poundp►intinacompany.com With 640 Acres Pooling Provision P.O.Box 683046,Houston,Texas 77268-3046 tr(713)552-9797 QIL, GAS AND MINERAL LEASE THIS AGREEMENT made this 5th day of . October 2008 between THE CITY OF BEAUMONT Lessor(whether one or more),whose address is: P.O;Box 382„7,Beau nlont,TX 77704-3827 and KINGWOOD EXPLORATION L.LC,whose address is 7330 Fern Avenue,Suite.801,Shreveport,LA 71105 Lessee,WITNESSL•'rH' 1. Lessor in consideration of Tell Dollars and Other Valuable Consideration Dollars ($ 10.00 OVC ),in hand paid,of the royalties herein provided,and of the agreements of Lessee herein contained,hereby grants,leases and lets exclusively unto Lessee for the purpose of investigating,exploring,prospecting,drilling and.mining for and producing oil,gas and all other minerals,conducting exploration,geologic and geophysical surveys by seismograph,core test,gravity and magnetic methods,injecting gas,water and other fluids,and air into subsurface strata,laying pipe lines,building loads,tanks,power stations,telephone lines and other structures thereon and on,over and across lands owned or claimed by Lessor adjacent and contiguous thereto,to produce,save,take care of, treat,transport and own said products,and housing its employees, the following described land in Jefferson County,Texas,to-wit: SEE ADDENDUM,PART I,ATTACIED HERETO AND MADE A PART HEREOF,FOR DESCRIPTION. SEE ADDENDUM,PART 11,ATTACHED HERETO AND MADE A PART HEREOF,FOR ADDITIONAL PROVISIONS. THIS LEASE 1NCLUDES.ANY PORTION OF SAID LANDS,IF ANY,UNDERLYING ROADS,ROAD _ DEDICATIONS,STREETS,DRAINAGE DITCHES,SIDEWALKS,ALLEYS,CANALS OR OTHER EASEMENTS. This lease also covers and includes all land owned or claimed by.Lessor adjacent or contiguous to the land,particularly described above,whether the same be in said survey or surveys or wadjacent surveys,although not included within the boundaries of the land particularly described above. 2- This is a paid up lease and subject to the other provisions herein contained,this lease shall be for a term of Three(3) years from this date(called "primary term")and as long thereafter as oil,gas or other mineral is produced from said land or land with which said land is pooled hereunder. 3. As royalty,Lessee covenants and agrees:(a)To deliver to the credit of Lessor,in the pipelines to which Lessee may connect its wells,the equal one-eighth part of all oil produced and saved by Lessee from said land,or from time to time,at the option of Lessee,to pay Lessor the average posted market price of such one-eighth part of such oil at the wells as of the day it is run to the pipe line or storage tanks,Lessor's interest,in either case,to bear one-eighth of,the cost of treating oil to render it marketable pipe line oil;. (b)to pay Lessor for gas and casinghead gas produced from said land(1)when sold by Lessee,one-eighth of the amount realized by Lessee,computed at the mouth of the well, or(2)when used by Lessee off said land or in the manufacture of gasoline or other products,one-eighth of the amount realized from the sale of gasoline or other products extracted therefrom and one-eighth of the amount realized from the sale of residue gas after deducting the amount used for plant fuel and/or compression;(c)To pay Lessor on all other minerals mined and marketed or utilized by Lessee from said land,one-tenth either in kind or value at the well or mine at Lessee's election,except that on sulphur mimed and marketed the royalty shall be one dollar($1.00)per long ton.If,at the expiration of the primary term or at any time or times thereafter,there is any well on said land or on lands with which said land or any portion thereof has been pooled,capable of producing oil or gas,and all such wells are shut-in,this lease shall,nevertheless,continue in force as though, . operations were being conducted on said land for so long as said wells are shut-in,and thereafter this lease may be continued in force as if no shut-in had occurred.Lessee covenants and agrees to use reasonable diligence to produce,utilize,or inarket the minerals capable of being produced from said wells,but in the exercise of such diligence,Lessee shall not be obligated to install or furnish facilities other than well facilities and ordinary lease facilities of flow lines,separator,and lease tank and shall not be required to settle labor trouble or to market gas upon terms unacceptable to Lessee.If,at any time or times after the expiration of the primary terra,all such wells are shut-in for a period of ninety consecutive days,and during such time there are no operations on said land,then at or before the expiration of said ninety day period,Lessee shall pay or tender,by check or draft of Lessee,as royalty,a sum equal to one dollar($1.00)for each acre of land then covered hereby.Lessee shall make like payments or tenders at or before the end of each anniversary of the expiration of said ninety day period if upon such anniversary this lease is being continued in force solely by reason of the provisions of this paragraph.Each such payment or tender shall be made to the parties who at the time of payment would be entitled to receive the royalties which would be paid under this lease if the wells were producing, and may be_deposited in the ' Bank at PAY DIRECT TO,LESSOR AT ADDRESS SHOWN ABOVE or its successors,which shall continue as the depositories,regardless of changes in the ownership of shut-in royalty.If at any time that Lessee pays or tenders shut-in royalty,two or more parties are,or claim to be, entitled to receive same,Lessee may,in lieu of any other method of payment herein provided,pay or tender shut-in royalty,in the manner above specified,either jointly to such parties or separately to each in accordance with their respective ownerships thereof;as Lessee may elect.Any payment hereunder may be made by check or draft of Lessee deposited in the mail or delivered to the party entitled to receive payment or to a depository bank provided for above on or before the last date for payment.Nothing herein shall impair Lessee's right to release as provided in paragraph 5 hereof.In the event of assignment of this lease in whole or in part,liability for payment hereunder shall rest exclusively on the then owners of this lease,severally as to acreage owned by each. 4. Lessee,at its option,is hereby given the right and power to pool or combine the acreage covered by this lease or any portion thereof as to oil and gas,or either of them, Ninth any other land covered by this lease,and/or with any other land,lease or leases in the immediate vicinity thereof to the extent hereinafter stipulated,when in Lessee's judgment it is necessary or advisable to do so in order properly to explore,or to develop and operate said leased premises in compliance with the spacing rules of the Railroad Commission of Texas,or other lawful authority,or when to do so would,in judgment of Lessee,promote the conservation of oil and gas in and wider and that may be produced from said premises.Units pooled for oil hereunder shall not substantially exceed 40 acres each in area,and units pooled for gas hereunder shall not substantially exceed in area 640 acres each plus a tolerance of ten percent(10%)thereof,provided that should governmental authority having jurisdiction prescribe or permit the creation of units larger than those specified,for the drilling or operation of a well at a regular location or for obtaining maximum allowable from any well to be drilled,drilling or already drilled,units thereafter created may conform substantially in size with those prescribed or permitted by governmental regulations.Lessee under the provisions hereof may pool or combine acreage covered by this lease or any portion thereof as above provided as to oil in any one or more strata and as to gas in any one or more strata.The units formed by pooling as to any strata n or strata need not conform in.size or area with the unitor units into which the lease is pooled or combined as to any other stratum or strata,and oil units need not conform as to area with gas units.The pooling in one or more instances shall not exhaust the rights of the Lessee hereunder to pool this lease or portions thereof into other units.Lessee shall file for record in the appropriate records of the county in which the leased premises are situated an instrument describing and designating the pooled acreage as a pooled unit; and upon such recordation the unit shall be effective as to all parties hereto,their heirs,successors,and assigns,irrespective of whether or not the unit is likewise effective as to all other owners of surface,mineral,royalty,or other rights in land included in such unit.Lessee may at its election exercise its pooling option before or after commencing operations for or completing an oil or gas well on the leased premises,and the pooled unit may include,but it is not required to include,land or leases upon which a well capable. of producing oil or gas in paying quantities has theretofore been completed or upon which operations for the drilling of a well for oil or gas have theretofore been commenced. In the event of operations for drilling on or production of oil or gas from any part of a pooled unit which includes all or a portion of the land covered by this lease,regardless of . whether such operations for drilling were commenced or such production was secured before or after the execution of this instrument or the instrument designating the pooled unit,such operations shall be considered as operations for drilling on or production of oil or gas from land covered by.this lease whether or not the well or wells be located on the premises covered by this lease and in such event operations for drilling shall be deemed to have been commenced on said land within the meaning of paragraph 5 of this lease; and the entire acreage constituting such unit or units,as to oil and gas,or either of then,as herein provided,shall be treated for all purposes,except the payment of royalties on production from the pooled unit,as if the same were included in this lease.For the purpose of computing the royalties to which owners of royalties and payments out of production and each of them shall be entitled on production of oil and gas,or either of them,from the pooled unit,there shall be allocated to the land covered by this lease and included in said unit(or to each separate tract within the unit if this lease covers separate tracts within the unit)a pro rata portion of the oil and gas,or either of them,produced from the pooled unit after deducting that used for operations on the pooled unit.Such allocation shall be on an acreage basis-that is to say,there shall be allocated to the acreage covered by this lease and included in the pooled unit(or to each separate tract within the unit if this lease covers separate tracts within the unit)that pro rata portion of the oil and gas,or either EXHIBIT «B„ of then,produced from the pooled unit which the number of surface acres covered by this lease(or in each such separate tract)and included in the pooled unit bears to the total member of surface acres included in the pooled unit.Royalties hereunder shall be computed on the portion of such production,whether it be oil and gas,or either of them,so allocated to the land covered by this lease and included in the unit just as though such production were from such land.The production from an oil well will be considered as production from the lease or oil pooled unit from which it is producing and not as production from a gas pooled unit;and production from a gas well will be considered as production from the lease or gas pooled unit from which it is producing and not from an oil pooled unit.The formation of any unit hereunder shall not have the effect of changing the ownership of any shut-in production royalty which may become payable under this lease.If this lease now or hereafter covers sepaiate tracts,no pooling or unitization of royalty interest as between any such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this lease but Lessee shall nevertheless have the right to pool as provided above with consequent allocation of production as above provided.As used in this paragraph 4,the words"separate tract"mean any tract with royalty ownership differing,now or hereafter,either as to parties or amounts,from that as to any other part of the leased Rremises. S. If at the expiration of the primary term,oil,gas,'or other mineral is not being produced on said land,or from the land pooled therewith,but Lessee is then engaged in drilling or reworking operations thereon,or shall have completed a dry hole thereon within 60 days prior to the end of the primary term,the lease shall remain in force so long as operations on said well or for.drilling or reworking of any additional well are prosecuted with no cessation of more than 60 consecutive days,and if they result in the production of oil,gas or other mineral,so long thereafter as oil,gas,or other mineral is produced from said land,or from land pooled therewith.If,after the expiration of the primary term of this lease and after oil,gas,or other mineral is produced from said land,or from land pooled therewith,the production thereof should cease from any cause,this lease shall not terminate if Lessee commences operations for drilling or reworking within 60 days after the cessation of such production,but shall remain in force and effect so long as such operations are prosecuted with no cessation of more than 60 consecutive days,and if they result in the production of oil,gas,or other mineral,so long thereafter as oil,gas,or other mineral is produced from said land,or from land pooled therewith.Any pooled unit designated by Lessee in accordance with the terms hereof,may be dissolved by Lessee by instrument filed for record in the appropriate records of the county in which the leased premises are situated at.any time after the completion of a dry hole or the cessation of production on said unit.In the event a well or wells producing oil or gas in paying quantities should be brought in on adjacent land and within 330 feet of and draining the leased premises,or land pooled therewith,Lessee agrees to drill such offset well or wells as a reasonably prudent operator would drill under the same or similar circumstances.Lessee may at any time execute and deliver to Lessor or place of record a release or releases covering any portion or portions of the above described premises and thereby surrender this lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered. 6. Lessee shall have the right at anytime during or after the expiration of this lease to remove all property and fixtures placed by Lessee on said land,including the right to draw and remove all casing.When required by Lessor,Lessee will bury all pipe lines below ordinary plow.depth,and no well shall be drilled within two hundred(200)feet of any residence or barn now on said land without Lessor's consent.. 7. The rights of either party hereunder may be assigned in whole or in part;and the provisions hereof shall extend to their heirs,successors and assigns;but no change or . division in ownership of the land,.or royalties,however accomplished,shall operate to enlarge the obligations or diminish the rights of Lessee;and no change or division in such ownership shall be binding on Lessee until thirty(30)days after Lessee shall have been furnished by registered U.S.mail at Lessee's principal place of business with a certified copy of recorded instrument or instruments evidencing same.In the event of assignment hereof in whole or in part,liability for breach of any obligation hereunder shall rest e:cclusively upon the owner of this lease or of a portion thereof who commits such breach.If six.or moreparties become entitled to royalty hereunder,Lessee may withhold payment thereof unless and until furnished with a recordable instrument executed by all such parties designating an agent to receive payment for all. 8. The breach by Lessee of any obligation arising hereunder shall not work a forfeiture or termination of this lease nor cause a termination or reversion of the estate created hereby nor be grounds for cancellation hereof in whole or in part.No obligation reasonably to develop the leased premises shall arise during the primary term.Should oil,gas or other mineral in paying quantities be discovered on said premises,then after the expiration of the primary term,Lessee shall develop the acreage retained hereunder as a reasonably prudent operator,but in discharging this obligation it shall in no event be required to drill more than one well per forty(40)acres of the area retained hereunder and capable of producing oil in paying quantities and one well per 640 acres plus an acreage tolerance not to exceed 10%of 640 acres of the area retained hereunder and capable of producing gas or other mineral in paying quantities.If after the expiration of the primary term,Lessor considers that operations are not at any time being conducted in compliance with tlus lease,Lessor shall notify Lessee in writing of the facts relied upon as constituting a breach hereof,and Lessee,if in default,shall have sixty days after receipt of such notice m which to commence the compliance with the obligations imposed by virtue of this instrument. 9. Lessor hereby warrants and agrees.to defend the title to said land and agrees that.Lessee at its option may discharge any tax,mortgage or other lien upon said land,either in whole or in part,and in event Lessee does so,it shall be subrogated to such lien with right to enforce same and apply royalties accruing hereunder toward satisfying same. Without impairment of Lessee's rights under the warranty in event of failure of title,it is agreed that if this lease covers a less interest in the oil,gas,sulphur,or other minerals in all or any part of said land than the entire and undivided fee simple estate(whether Lessor's interest is herein specified or not),or no interest therein,then the royalties;and other monies accruing from any part as to which this lease covers less than such full interest,shall be paid only in the proportion.which the interest therein;if any,covered by this lease,bears to the whole and undivided fee simple estate therein.All royalty interest covered by this lease(whether or not owned by Lessor)shall be paid out of the royalty herein provided.Should any one or more of the parties named above as Lessors fail to execute this lease,it shall nevertheless be binding upon the party or parties executing the. same. 10.Should Lessee be prevented from complying with any express or implied covenant of this lease,from conducting drilling or reworking operations thereon or from producing any oil,.gas or other minerals therefrom by reason of scarcity of or inability to obtain or to use equipment or material,or by operation of force majeure,and Federal or state law or any order,rule or regulation of governmental authority,then while so prevented,Lessee's obligation to comply with such covenant shall be'suspended,and Lessee shall not be liable in damages for failure to comply therewith;and this lease shall be extended while and so long as Lessee is prevented by any such cause from conducting drilling or reworking operations on or from producing oil or gas from the leased premises;and the time while Lessee is so prevented shall not be counted against Lessee,anything in this lease to the contrary notwithstanding. IN WITNESS WHEREOF,this instrument is executed on the date first above written. y 'J SEE ATTAC°HF�D ADDENDUM -� LESSOR `^ S$,OR TAX LD:NO. LESSOR SS.OR TAX I.D.NO. STATE OF ACKNOWLEDGMENT '!�. . ' COUNTY OF This instrument was acknowledged before in on the, da of J by /. J eta Public,State of Texas J� Notary's r je(printed): Notary's co ion expires: J. ' . STATE OF `r ACKNOWLEDGMENT, COUNTY OF This instrument w d'nowledged before me on the. day of by Notary Public;State of Texas Notary's name(printed): Notary's commission expires: Producers SO(4/76)Revised Paid Up ©P'OUPD f"fiiINTT1N6 CQMI'RaIYY With 640 Acres Pooling Provision 252/099/MM/atm ADDENDUM - Attached to and made a part of that certain Oil,Gas and Mineral Lease dated effective October 5, 2008, from THE CITY OF - BEAUMONT,Lessor to KINGWOOD EXPLORATION LLC,Lessee; PART I OF ADDENDUM: PROPERTY DESCRIPTION 1.28099174 acres of land,in the John A.Veatch Survey,Abstract 55,being out of Block 1 of the Gladys City Oil, Gas and Manufacturing Subdivision as shown by the map or plat of said subdivision, recorded in Volume 8,Page 145 of the Map Records of Jefferson County,Texas, being more particularly described in that certain deed dated August 16, 1949, from Dora Palermo Bonura,et al to the City of Beaumont,recorded in Volume 746,Page 332 of the Deed Records of Jefferson County,Texas. To which reference is herein made for a more complete description. PART 11 OF ADDENDUM: ADDITIONAL PROVISIONS 11. Royalty: When the word one-eighth(1/8th)appears in the royalty provisions hereof,it shall be deemed to read one-fourth(1/4th). 12. Other Minerals: ..Lessor and Lessee agree that the rights granted hereunder are specifically limited to the exploration for arid the production of oil,gas,sulphur,and all other related liquid or liquefiable hydrocarbons and specifically excludes coal,lignite, iron ore,uranium, thorium,and other fissionable material: 13. Subsurface Right-of-Way. and Easement: . Lessor does hereby grant, transfer and convey unto Lessee a subsurface right-of-way and easement to drill and operate under the surface of and tluough the subsurface of ` the leased premises,one or more directional wells to be bottomed on lands other than the leased premises,for the purpose of exploring,drilling,mining and operating for,developing and producing oil,gas and associated hydrocarbons under the terms of any oil and gas lease(s)now owned or hereafter acquired by Lessee,covering lands other than the lands covered by this lease.and not pooled herewith, along with all rights, duties and privileges necessary or desirable in the exercise of the rights granted herein. Provided however,that within 90 days of the establishment of any such right-of-way or easement, Lessee shall pay Lessor, as additional - . consideration and liquidated damages, an amount equal to Ten Dollars($10.00)per lineal rod for each such - subsurface right-of-way`or easement. This subsurface right-of-way and easement shall remain in full force and effect for the primary term hereof and as long thereafter as used by Lessee for the purposes herein granted. 15. Attachment Prevails: The provisions of this typewritten attachment shall prevail if in conflict with the provisions of the printed lease to which this is attached. i 16. Counterpart: This Oil, Gas and Mineral Lease may be executed as one instrument or in several partially executed counterparts and the original and all counterparts shall be construed together and shall constitute one Agreement. Should less than all of the named Lessors execute this Oil, Gas and Minel-al Lease, it shall be binding on those who sign. 17. Memorandum: This Oil,Gas and Mineral Lease shall not be recorded in the records of Jefferson County, Texas. For recording purposes;Lessor.agrees to execute a Memorandum of Oil,Gas and Mineral Lease. 18. Assignment: Lesson grants to Lessee herein the full and unconditional right of assignment of this Oil,Gas and Mineral Lease acid does further,upon such assignment by Lessee,release and relieve the named Lessee of any and all liabilities; responsibilities and obligations as provided for under the terms hereof, however, nothing inthis.paragraph shall relieve any such Assignee of the liabilities, responsibilities and obligations contained herein. 19. Streets/Alleys: It is expressly,understood and agree that it is Lessor's intention to lease herein any and all interest which Lessor may own in and to all streets, alleys,lanes, roads, ditches, canals, coulees, public or private,attaching to and forining a part of,or within the vicinity of,said land described above,whether or not ' specifically described herein. IN WITNESS WHEREOF,this instrument is executed on the date first above written. LESSOR: SS#: THE CITY OF BEAUMONT 252/099/M M/at m ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of ,2008,by THE CITY OF BEAUMONT. Notary Public in and for the State of TEXAS My Commission Expires: i G RICH WITH OPPORTUNITY I 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: January 27, 2009 REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute an agreement with Entergy for utility relocations on the Willow Street Project. RECOMMENDATION The administration recommends City Council approve a resolution authorizing the City Manager to execute an agreement with Entergy for utility relocations on the Willow Street Project between North Street and Calder Avenue. BACKGROUND The City of Beaumont has received funds, under the Congressional High Priority funding category, to construct streetscape improvements on Willow Street between North Street and Crockett Street. The proposed scope of work includes the installation of decorative lighting, brick paver sidewalks, landscaping and street pavement improvements. On the east side of Willow, adjacent to the United Way Building, there is a group of three pole mounted electrical transformers. The transformers serve the United Way Building. The lines providing electrical service to the transformers are routed on the west side of Willow and then to McFaddin Street. The installation of a pad-mounted transformer, on North Street, east of Willow, will allow the removal of all overhead utility lines from North to Calder. This agreement will authorize Energy to install a pad-mounted transformer and appurtenances and remove the pole mounted transformers at a cost not to exceed $25,966.34. BUDGETARYIMPACT Funds are available in the Capital Program. 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 an agreement with Entergy for utility relocations on the Willow Street Project between North Street and Calder Avenue. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. i - Mayor Becky Ames - RICH WITH OPPORTUNITY 1 T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 27, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-12/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving the purchase of fleet vehicles through the Houston-Galveston Area Council Cooperative Purchasing Program 2. Consider approving the purchase of fleet vehicles through the BuyBoard Cooperative Purchasing Program 3. Consider approving the rates of Entergy Texas, Inc. contained in a Statement of Intent to Change Rates filed with the City on December 19, 2008 4. Consider approving a contract with Jehovah Jireh Community Development Corporation to assist with the construction of 10 new homes 5. Consider approving a contract with the Beaumont Community Housing Development Organization for the purchase of three pre-existing scattered-site homes 6. Consider authorizing the City Manager to increase the West Trunk Outfall Rehabilitation Phases I and II Project for"extra work" 7. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project for"extra work" 8. Consider approving a six month contract for Aluminum Sulfate for use by the Water Utilities Department 9. Consider authorizing the City Manager to execute an Industrial District Contract with Entergy Texas Inc. 10. Consider approving a contract with Premier Election Solutions for rental of election equipment, software, training and other related services for the May 9, 2009 General Election 11. Consider authorizing the City Manager to enter into a Neighborhood Empowerment Zone Abatement Agreement with Paul and Dana David 12. Consider approving the appointment of Quentin Price as a Senior Assistant City Attorney and setting his starting compensation WORKSESSION * Review and discuss the use of Mobile Food Units COMMENTS * Councilmembers/City Manager comment on various matters Report from City Manager related to a proposed partnership with Lamar University * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Linda Thomas vs. the City of Beaumont Tina Lewallen vs. the City of Beaumont * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Chief Magistrate James McNicholas 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 January 27,2009 Consider approving the purchase of fleet vehicles through the Houston-Galveston Area Council Cooperative Purchasing Program HIGH WITH OPPORTUNITY i 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: January 27, 2009 REQUESTED ACTION: Council consider approving the purchase of fleet vehicles. RECOMMENDATION The administration recommends approval of the purchase of vehicles from Philpott Motors of Nederland, Texas in the amount of$630,553. BACKGROUND Pricing for this purchase is obtained through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. Twenty-two (22)vehicles, budgeted in Fiscal Year 2009, are available through H-GAC as follows: Police Administration Ford Expedition 1 $26,557 Public Health Code Ford F 150 1 $17,972 Enforcement Public Health EMS Ford F350 2 $56,935 Public Works Building Ford F250 3 $100,335 Services [Public Works Engineering Ford F150 Supercab 1 $18,434 Purchase of Fleet Vehicles January 27, 2009 Page 2 Public Works Fleet Ford Ranger Supercab 1 $17,848 Parks& Parks Ford F250 Supercab 1 $35,041 Recreation Parks& Parks Ford F250 Supercab 1 $36,491 Recreation Parks& Parks Ford F250 1 $38,604 Recreation Parks& Parks Ford F350 Crew Cab 3 $102,629 Recreation Water Utilities Production Ford F250 1 $31,914 Water Utilities Production Ford F150 X-Cab 1 $20,949 Water Utilities Sewer Ford F250 2 $68,010 Maintenance Water Utilities Distribution Ford Explorer 1 $21,359 Water Utilities Distribution Ford Ranger Supercab 2 $37,475 TOTAL: $630,553 Replacement vehicles and additions to the fleet are requested through the City's budget process. The Fleet Superintendent reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. All twenty-two (22)vehicles to be purchased are replacing models ranging from 1995 to 2004. The age and mileage of the older vehicles render them unfit for continued services. The vehicles will be disposed of according to the City's surplus property disposal policies. Warranties of 36,000 miles or three(3)years are provided for each new vehicle. The warranty service is provided by local authorized dealerships. BUDGETARY IMPACT Funds are budgeted in the Capital Reserve and Water Funds. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twenty-two(22)fleet vehicles from Philpott Motors of Nederland, Texas, through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program in the amount of $630,553 as shown below: Police Administration Ford Expedition 1 $26,557 Public Health Code Ford F150 1 $17,972 Enforcement Public Health EMS Ford F350 2 $56,935 Public Works Building Ford F250 3 $100,335 Services Public Works Engineering Ford F150 Supercab 1 $18,434 Public Works Fleet Ford Ranger Supercab 1 $17,848 Parks & Parks Ford F250 Supercab 1 $35,041 Recreation Parks & Parks Ford F250 Supercab 1 $36,491 Recreation Parks & Parks Ford F250 1 $38,604 Recreation Parks & Parks Ford F350 Crew Cab 3 $102,629 Recreation Water Production Ford F250 1 $31,914 Utilities Water Production Ford F150 X-Cab 1 $20,949 Utilities Water Sewer Ford F250 2 $68,010 Utilities Maintenance Water Distribution Ford Explorer 1 $21,359 Utilities Water Distribution Ford Ranger Supercab 2 $37,475 Utilities TOTAL: $630,553 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - 2 January 27, 2009 Consider approving the purchase of fleet vehicles through the BuyBoard Cooperative Purchasing Program 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: January 27, 2009 REQUESTED ACTION: Council consider approving the purchase of fleet vehicles. RECOMMENDATION The administration recommends approval of the purchase of vehicles from Philpott Motors of Nederland, Texas in the amount of$424,335. BACKGROUND Pricing for this purchase is obtained through the BuyBoard cooperative purchasing program. BuyBoard complies with all state bidding statutes. Membership with BuyBoard allows municipalities to purchase items from their contracted vendors. The purchase price of$424,335 includes the BuyBoard administrative fee of$400. Seven (7)vehicles, budgeted in Fiscal Year 2009, are available through BuyBoard as follows: Public Works Streets& Ford F450 w/Dump Body 1 $42,930 Drainage Public Works Streets& Ford F450 1 $45,630 Drainage Water Utilities Sewer Ford F750 Crew Cab 2 $135,222 Maintenance Water Utilities Water Ford F750 Crew Cab 2 $135,222 Distribution Water Utilities Water Ford F750 Crew Cab 1 $65,331 Distribution Purchase of Fleet Vehicles January 27,2009 Page 2 Replacement vehicles and additions to the fleet are requested through the City's budget process. The Fleet Superintendent reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. All seven(7)vehicles to be purchased are replacing models ranging from 1990 to 2000. The age and mileage of the older vehicles render them unfit for continued service. The vehicles will be disposed of according to the City's surplus property disposal policies. Warranties of 36,000 miles or three(3)years are provided for each new vehicle. The warranty service is provided by local authorized dealerships. BUDGETARYIMPACT Funds are budgeted in the Capital Reserve and Water Funds. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of fleet vehicles from Philpott Motors of Nederland, Texas, through the BuyBoard Cooperative Purchasing Program in the amount of $424,335 as shown below: ,3t >t?nrsrbttni`i Qty►. 1'otat pte Public Works Streets & Ford F450 w/Dump Body 1 $42,930 Drainage Public Works Streets & Ford F450 1 $45,630 Drainage Water Utilities Sewer Ford F750 Crew Cab 2 $135,222 Maintenance Water Utilities Water Ford F750 Crew Cab 2 $135,222 Distribution Water Utilities Water Ford F750 Crew Cab 1 $65,331 Distribution PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - II 3 January 27,2009 Consider approving the rates of Entergy Texas, Inc. contained in a Statement of Intent to Change Rates filed with the City on December 19, 2008 RICH WITH OPPORTUNITY I'Em ► ( T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City AttorneAtC-1 MEETING DATE: January 27, 2009 REQUESTED ACTION: Consider an ordinance approving the rates of Entergy Texas, Inc., contained in a Statement of Intent to Change Rates filed with the City on December 19, 2008. RECOMMENDATION Administration recommends approval of an ordinance approving the rates of Entergy Texas, Inc., contained in the Statement of Intent to Change Rates filed on December 19, 2008. BACKGROUND On October 21, 2008, the Council approved a non-unanimous settlement (NUS) in resolution of the request for a rate increase filed by Entergy Texas, Inc., on September 26, 2007. This negotiated settlement did not include the large industrial power customers. Notwithstanding the recommendation of the panel of administrative law judges to accept the settlement, the Public Utilities Commission of Texas (PUCT) refused to approve the settlement. Since that time, the parties have negotiated a different settlement and are requesting the Cities to participate in this second proposal. This second proposal would result in about a 3.9% annual reduction to the base rates initially approved by the Cities in the non-unanimous settlement. By agreeing to this second proposal, Entergy Texas is agreeing to a lower rate than the city approved rates and also agreeing to implement the new rates on a system-wide basis. In furtherance of this settlement, Entergy filed with the City of Beaumont on December 19, 2008, a Statement of Intent to Change Rates incorporating the terms of the negotiated settlement. A chart reflecting the impact of the rate changes proposed in the filed Statement of Intent is attached as an exhibit to the recommended ordinance. BUDGETARYIMPACT All reasonable expenses associated with rate matters will be reimbursable by the company as they have been in the past. ORDINANCE NO. ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS, ("CITY") APPROVING THE RATES OF ENTERGY TEXAS, INC., CONTAINED IN THE STATEMENT OF INTENT TO CHANGE RATES ("STATEMENT OF INTENT") FILED IN THE CITY ON DECEMBER 19, 2008; APPROVING AN EARLY EFFECTIVE DATE OF THE RATE CHANGE; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about September 26, 2007, Entergy Texas, Inc. ("ETI") filed a Statement of Intent with the City to increase electric rates and charges in the ETI Service Area by$107.5 million per year in addition to an expected $5 million annual increase to its Miscellaneous Service Schedule charges resulting in about a $112 million annual increase to customers; and WHEREAS, the City suspended the effective date of ETI's rates within its jurisdictional limits until at least September 29, 2008; and WHEREAS, on August 19, 2008, ETI agreed to further extend the effective date of rates; and WHEREAS, the City intervened at the Public Utility Commission of Texas ("PUC") in PUC Docket No. 34800 with other cities ("Cities") and parties to review ETI's proposed rates, operations and services of an electric utility pursuant to City authority under the Public Utility Regulatory Act §33.025; and WHEREAS, on or about May 13, 2008, the Community Association of the Woodlands("CATW"),the Kroger Co. ("Kroger"), Office of Public Utility Counsel("OPUC"), Texas Legal Service Center("TLSC"),the Texas Ratepayers Organization to Save Energy ("Texas Rose") and ETI entered into a non-unanimous settlement ("NUS"), the Entergy Service Cities' Steering Committee recommended approval of the terms of the NUS to the Cities; and WHEREAS, the merits and the reasonableness of the NUS was reviewed and approved by three Administrative Law Judges("ALIs")at the State Office of Administrative Hearings ("SOAR") and the ALIs concluded that the NUS and settlement rates are reasonable and in the public interest; and WHEREAS, Cities' rate consultants and attorney retained to review this matter recommended approval of the NUS rates; and WHEREAS, during October and November, 2008, Cities passed rate ordinances approving the NUS rates which were not appealed by ETI and have become final lawful rates in the City; and WHEREAS, on or about December 11, 2008, ETI reached a new settlement agreement with the PUC Staff, Industrial customers and State of Texas, parties who were not part of the NUS, for rates that are lower than the NUS levels as show on Attachment A; and WHEREAS, the NUS rates approved by the City have not yet been implemented by ETI, and the Company now proposes to implement the new lower settlement rates on a system-wide basis; and WHEREAS, ETI proposes that implementation of the lower rates is good cause to allow ETI to implement the new lower settlement rates earlier than the 35 day period prescribed by PURA §36.102 to accomplish uniform system wide rates. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. The statement and the findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont, Texas, hereby approves the rates requested by ETI in its December 19, 2008, Statement of Intent. Section 3 The City of Beaumont, Texas, finds good cause to grant ETI's request to implement the new lower rates earlier than the 35 day period prescribed by PURA § 36.102 so customers within the City may benefit from lower electric rates and charges. Section 4. The effective date of the rate change is for bills rendered on and after January 28, 2009. Section 5. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 6. The ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - ATTACHMENT A IMPACT OF ETI DECEMBER 19,2008 STATEMENT OF INTENT TO CHANGE RATES LINE RATE City Approved ETI December 19,2008 ETI Proposed Percent N0. CLASS NUS Rates Rate Proposal Rate Reduction Reductiom 1 Residental $268,983,447 $265,878,562 -$3,104,885 -1.15`Yo 2 Small General Service $19,905,680 $17,937,790 -$1,967,890 -9.89% 3 General Service $119,648,970 $116,169,099 -$3,479,871 -2.91% 4 Large General Service $36,045,490 $34,669,798 -$1,375,692 -3.825 5 Large Industrial Power Service $96,627,687 $84,946,265 -$11,681,422 -12.09% 6 Lighting $7,063,685 $7,097,980 $34,295 0.49% 7 Total System $548,274,959 $526,699,494 -$21,575,465 -3.94% 4 January 27,2009 Consider approving a contract with Jehovah Jireh Community Development Corporation to assist with the construction of 10 new homes RICH WITH OPPORTUNITY r T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager es�� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 27, 2009 REQUESTED ACTION: Council consider approving a contract with Jehovah Jireh Community Development Corporation. RECOMMENDATION The Administration recommends Council approve a request to authorize the City Manager to execute a contract with Jehovah Jireh Community Development Corporation in the amount of $349,990 to assist with the construction of 10 new homes located within the new Jehovah Jireh Village subdivision. BACKGROUND Jehovah Jireh Community Development Corporation(JJV), a Community Housing Development Organization(CHDO) located at 3920 W. Cardinal Drive,Beaumont, TX, proposes to develop 36 homes on a 9.9762 acre tract located on Sarah Street near the L. L. Melton YMCA and the Theodore Johns Library. JJV has actively promoted affordable housing through conducting seminars and sponsoring housing fairs. Jehovah Jireh Village will be a mixed-income development, of which 12 will be low/moderate income units. Providing assistance for the development of mixed-income units will positively affirm the City's commitment to provide equal housing opportunities, and will further address the City's efforts to remove impediments to fair housing, as mandated by the U. S. Dept of Housing and Urban Development. HOME funds will be used to assist with the development of 10 homes that will be sold to eligible low/moderate income families. The eligible per unit costs may not exceed $34,999 and will include site preparation/foundation ($15,000), home buyer assistance ($14,999) and a developer's fee($5,000). BUDGETARY IMPACT Funding is available from the 2007 HOME Program. Don't Ride in Someone Else's Boat... Walk on Water!!! Jehovah Yireh Viflage Community Devefopment Center, Inc. December 9, 2008 Mrs. Janet Lewis City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 Dear Mrs. Lewis: The Jehovah Jireh Village Community Development Center, Inc. (JJV) is a non-profit organization designed to serve as an advocate for a prosperous Southeast Texas. JJV is dedicated to improving our local community and surrounding areas by providing solutions to everyday issues through Economic Development, Education, Employment, Healthcare and Housing Initiatives. Jehovah Jireh Village is partnering with the Beaumont Community Housing Development Organization (BCHDO) in providing the proper education to include home buyer education and financial literacy classes for low-to-moderate income families as well as technical assistance in the development of single-families homes in Beaumont, Texas. Jehovah Jireh Village is requesting Federal Funding from CDBG and/or HOME allocations of the U.S. Department of Housing and Urban Development. The requested funds are as follows: Item# Description Amount Proposal#1 Down Payment Assistance—New Construction Homes $349,990.00 Total $349,990.00 Please review our proposal with a favorable response. Your approval is needed and appreciated. Sincerely, AW671 �� Felicia Young Founder/Executive Director cc: Kyle Hayes, City Manager Chris Boone, Director—Community Development Proposal#1: Soft cost to develop up to ten(10)new affordable homes for low to moderate income families in Beaumont,Texas. Property Address Site PreparationlSlab Home Buyer Developer's Fee Total Assistance House#1 $15,000.00 $14,999.00 $5,000.00 $34,999.00 House#2 $15,000.00 $14,999.00 $5,000.00 $34,999.00 House#3 $15,000.00 $14,999.00 $5,000.00 $34,999.00 House$4 $15,000.00 $14,999.00 $5,000.00 $34,999.00 House#5 $15,000.00 $14,999.00 $5,000.00 $34,999.00 House#6 $15,000.00 $14,999.00 $5,000.00 $34,999.00 House#7 $15,000.00 $14,999.00 $5,000.00 $34,999.00 House#8 $15,000.00 $14,999.00 $5,000.00 $34,999.00 House#9 $15,000.00 $14,999.00 $5,000.00 $34,999.00 House#10 $15,000.00 $14,999.00 $5,000.00 $34,999.00 TOTAL $150,000.00 $149,990.000 $50,000.00 $349,990.00 JEHOVAH JIREH COMMUNITY DEVELOPMENT CENTER (JJV) Announces New Home Construction 1200 — 1400 square feet of living space 3 & 4 Bedrooms 2 Car Garage 2 Full Bathrooms 3 Models & Elevations 3 Color Scheme Selections Price Ranges: $75,000 to $95,000 ` e 6* Felicia Young Executive Director (409) 659-5937 ourfaithwalk@yahoo.com AG 4t, am4f000d General Marvin Brailsford Project Manager (409) 651-5908 sambrail @msn.com Antoinette Hardy Housing Coordinator/Consultant (409) 201-0272 ahardyl969@aol.com JEHOVAH JIREH VILLAGE PHASE II MINIMUM REQUIREMENTS FOR CONSTRUCTION DESIGN CRITERIA EARTHWORK: Brush clearing and debris clearing EXCAVATION & BACKFILLING: Relatively level site—comply with City Local Code. SOIL: Soil test and compaction control required. FOUNDATION A. Material: 3000 PSI @ 30 days Concrete with welded wire fabric 6 x6; 5 bag mix B. Waterproofing: 6 Mil. Polyethylene C. Fill: 60/40 sand&clay—6"to 8" D. Anchor Bolts: 5' O.C. Perimeter/size 1/2"x 8" E. Slab: Termite treated F. Slab: To be approximately 12" above natural ground G. Reinforcement: 5/8"re-bar H. Under-reams required unless soil compaction tests show they are not required EXTERIOR WALLS/MASONRY A. Type: Wood frame with brick veneer(3 colors of brick) B. Wash and exterior sealer C. Studs: 2"x 4"—log pine, fir or engineered D. Spacing: 16" on center E. Sheathing: 4' x 8' x 7/16" OSB—structure walls to be covered by house wrap F. Minimum 3 sided brick PARTITION FRAME A. STUDS: 2"x 4"—log pine, fir or engineered B. Spacing: 16" On center C. Corner bracing: Windstorm approved CEILING& ROOF FRAMING A. Grade: #2 or better Southern Yellow Pine B. Size; 2"x 6" or appropriate for span C. Spacing: 16" on center or appropriate for span D. Minimum 6/12 pitch ROOF A. Decking: 3/8" C.D. plywood B. E barrier required on decking C. Underlayment: 30# felt D. Roofing: composite 20 years 3 tabs; 3 colors INTERIOR FINISH Walls & Ceiling paint - primer and 2 coats of semi-gloss latex enamel. Contractor must provide 3 color selections. FLOORING Carpet in all rooms except wet areas to include in kitchen, bathrooms and utility. Contractor must provide 3 color selections on flooring. COUNTERTOPS Countertops and backsplash will be ceramic tile. Contractor must provide 3 color selections on finish choices. WINDOWS All windows will be insulated with Low E rating—U Factor Rating for Model Energy Code. DOORS A. Fiberglass exterior doors preferred B. Garage door: 2 metal openers &transmitters CABINETS Wood required. PLUMBING A. Piping: Installation to code B. Water heater- 30 gallon ELECTRICAL A. State Code: Conforming B. Minimum of two exterior flood lights for security C. Wire for internet connection, telephone and cable D. Wire for overhead light and ceiling fan E. Pre-wire for alarm system at the expense of homeowner F. Door bell HVAC 13+ SEER. Contractor must provide load calculations prior to installation. GARAGE Two car garages with interior finish to be drywall hung only. Decking over garage required. DRIVEWAY & SIDEWALK A. 4" grade B. Sidewalk 4' wide LANDSCAPING& SOD A. Sod front and sides and sprig back yard. B. Shrubs and trees landscape in front yard INSULATION A. Walls: R— 19 B. Ceilings: R—30 blown C. Polyseal: all openings FINISH CARPENTRY A. Base Trim shall be 3"paint grade with '/"round sole B. Install towel rings, toilet paper holders,plate glass mirrors with full length C. House numbers must be large and visible from street D. Window Stools shall be paint grade material. KITCHEN APPLIANCES A. Dishwasher B. Stove C. Microwave/Vent a hood w/trim kit D. Garbage disposal WARRANTIES/CONTRACT/INSPECTION: Contractor must comply with the TRCC rules and regulations regarding ten year warranty. A copy of the Limited Statutory Warranty and Building and Performance Standards promulgated by the Texas Residential Construction (TRCC Warranty) can be found at www.trcc.state.tx.us. Copy attached. Contractor must provide an express limited warranty from a third party warranty company similar or equal to American Home Shield(AHS) at the expense of the Contractor. JJV will purchase the cost of a home inspection by a third party inspection similar or equal to The Home Team Inspection Company. All appliance warranty documents must be provided to JJV upon completion of home. Contractor must use the Residential Construction Contract provided by the Texas Association of Builders (TAB). JEHOVAH JIREH COMMUNITY DEVELOPMENT CENTER (JJV) Announces New Home Construction 1200 - 1400 square feet of living space 3 &4 Bedrooms 2 Car Garage 2 Full Bathrooms 3 Models & Elevations 3 Color Scheme Selections Price Ranges: $75,000 to $95,000 Felicia Young Felicia Young Executive Director (409) 659-5937 ourfaithwalk@yahoo.com Marvin Brailsford General Marvin Brailsford Project Manager (409) 651-5908 sambrail @msn.com AHardy Antoinette Hardy Housing Coordinator/Consultant (409) 201-0272 ahardyl969@aol.com JEHOVAH JIREH VILLAGE—PHASE II MINIMUM REQUIREMENTS FOR CONSTRUCTION DESIGN CRITERIA EARTHWORK: Brush clearing and debris clearing EXCAVATION &BACKFILLING: Relatively level site - comply with City Local Code. SOIL: Soil test and compaction control required. FOUNDATION A. Material: 3000 PSI @ 30 days Concrete with welded wire fabric 6 x6; 5 bag mix B. Waterproofing: 6 Mil. Polyethylene C. Fill: 60/40 sand & clay- 6" to 8" D. Anchor Bolts: 5' O.C. Perimeter/ size 1/2" x 8" E. Slab: Termite treated F. Slab: To be approximately 12" above natural ground G. Reinforcement: 5/8" re-bar H. Under-reams required unless soil compaction tests show they are not required EXTERIOR WALLS/MASONRY A. Type: Wood frame with brick veneer(3 colors of brick) B. Wash and exterior sealer C. Studs: 2" x 4" - log pine, fir or engineered D. Spacing: 16" on center E. Sheathing: 4'x 8' x 7/16" OSB - structure walls to be covered by house wrap F. Minimum 3 sided brick PARTITION FRAME A. STUDS: 2" x 4" - log pine, fir or engineered B. Spacing: 16" On center C. Corner bracing: Windstorm approved CEILING &ROOF FRAMING A. Grade: #2 or better Southern Yellow Pine B. Size; 2" x 6" or appropriate for span C. Spacing: 16" on center or appropriate for span D. Minimum 6/12 pitch ROOF A. Decking: 3/8" C.D. plywood B. E barrier required on decking C. Underlayment: 30# felt D. Roofing: composite 20 years 3 tabs; 3 colors INTERIOR FINISH Walls & Ceiling paint -primer and 2 coats of semi-gloss latex enamel. Contractor must provide 3 color selections. FLOORING Carpet in all rooms except wet areas to include in kitchen,bathrooms and utility. Contractor must provide 3 color selections on flooring. COUNTERTOPS Countertops and backsplash will be ceramic tile. Contractor must provide 3 color selections on finish choices. WINDOWS All windows will be insulated with Low E rating- U Factor Rating for Model Energy Code. DOORS A. Fiberglass exterior doors preferred B. Garage door: 2 metal openers &transmitters CABINETS Wood required. PLUMBING A. Piping: Installation to code B. Water heater- 30 gallon ELECTRICAL A. State Code: Conforming B. Minimum of two exterior flood lights for security C. Wire for internet connection, telephone and cable D. Wire for overhead light and ceiling fan E. Pre-wire for alarm system at the expense of homeowner F. Door bell HVAC 13+ SEER. Contractor must provide load calculations prior to installation. GARAGE Two car garages with interior finish to be drywall hung only. Decking over garage required. DRIVEWAY & SIDEWALK A. 4" grade B. Sidewalk 4' wide LANDSCAPING & SOD A. Sod front and sides and sprig back yard. B. Shrubs and trees landscape in front yard INSULATION A. Walls: R - 19 B. Ceilings: R - 30 blown C. Polyseal: all openings FINISH CARPENTRY A. Base Trim shall be 3" paint grade with '/" round sole B. Install towel rings, toilet paper holders,plate glass mirrors with full length C. House numbers must be large and visible from street D. Window Stools shall be paint grade material. KITCHEN APPLIANCES A. Dishwasher B. Stove C. Microwave/Vent a hood w/trim kit D. Garbage disposal WARRANTIES/CONTRACT/INSPECTION: Contractor must comply with the TRCC rules and regulations regarding ten year warranty. A copy of the Limited Statutory Warranty and Building and Performance Standards promulgated by the Texas Residential Construction(TRCC Warranty) can be found at www.trcc.state.tx.us. Copy attached. Contractor must provide an express limited warranty from a third party warranty company similar or equal to American Home Shield (AHS) at the expense of the Contractor. JJV will purchase the cost of a home inspection by a third party inspection similar or equal to The Home Team Inspection Company. All appliance warranty documents must be provided to JJV upon completion of home. Contractor must use the Residential Construction Contract provided by the Texas Association of Builders (TAB). 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 contract between the City of Beaumont and Jehovah Jireh Community Development Corporation in the amount of $349,990 for the construction of ten (10) new homes located within the Jehovah Jireh Village Subdivision. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - 5 January 27,2009 Consider approving a contract with the Beaumont Community Housing Development Organization for the purchase of three pre-existing scattered-site homes RICH WITH OPPORTUNITY 1T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 27, 2009 REQUESTED ACTION: Council consider approving a contract with the Beaumont Community Housing Development Organization(BCHDO). RECOMMENDATION The Administration recommends City Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization(BCHDO) in the amount of $321,239 for the purchase of three(3)pre-existing scattered-site homes that will be retained as lease property for no more than thirty-six months and sold to eligible low/moderate income families. BACKGROUND The City of Beaumont receives an annual allocation of HOME Investments Partnership funds from the U. S. Department of Housing and Urban Development ("HUD") and has previously awarded contracts to the Beaumont Community Housing Development Organization (BCHDO) for acquisition of housing to be sold to eligible low/moderate income families under lease-purchase agreements. Federal regulations require that a minimum of 15% of the City's total allocation be contracted to Community Housing Development Organizations("CHDOs") for eligible CHDO activities, including acquisition of housing, new housing construction and related project delivery costs. Such costs may include site preparation, acquisition, home buyer assistance and other related soft costs. Acquired properties must meet the City's Affordable Housing Program requirements. Upon execution of a contract, The CHDO will identify properties currently on the market and submit them for the Administration's review process which includes satisfying the program's lot specifications, environmental review, and code compliance. Because such purchases are market-driven and require program compliance prior to purchase, property owners are typically unwilling to wait for an uncertain Council decision for fear of losing other solid buyers. Identifying a property on the market after Council approval gives the property owner some assurance that the sale is certain and lessens the wait time between identifying the property and closing. The Beaumont Community Housing Development Organization(BCHDO) successfully implemented such lease-purchase agreements with low/moderate income families under prior contracts. All properties were conveyed to the lessors within 12 months, well in advance of the federal requirement to convey such properties within thirty-six months. Although the amount requested from BCHDO is $361,140, the City is proposing to offer $321,239 for the purchase of the three homes as this number represents the balance of HOME funds in the 2007 Program Year. This amount would be sufficient for the purchase of the three homes. BUDGETARY IMPACT Funding is available from the 2007 HOME Program. BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION 80 Interstate 10 North Ste 208 Beaumont, Texas 77702 Office: (409) 201-0272 * Fax: (409) 835-1379 * Email: ahardyl969@aol.com December 9, 2008 Mrs. Janet Lewis City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 Dear Mrs. Lewis: This letter is written to provide proposals to be funded from the Federal Funding from HOME allocations of the U.S. Department of Housing and Urban Development. The requested funds are as follows: Item# Description Amount Pro osal#1 Pre-Existing Homes $361,140.00 Total $361,140.00 Please review our proposal with a favorable response. We have worked tireless to get these families on the right track. Your approval is needed and appreciated. Sincerely,'' (n� A%�/I• 1 Antoinette Hardy President/Executive Director cc: Kyle Hayes, City Manager Chris Boone, Director—Community Development Proposal #1: Funds to purchase three (3) pre-existing homes built after 1978 to lease to low to moderate income families as a CHDO activity. Property Address Purchase Price House # 1 $120,380.00 House # 2 $120,380.00 House#3 $120,380.00 TOTAL $361,140.00 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 contract with the Beaumont Community Housing Development Organization in the amount of$321,239 for the purchase of three (3) pre-existing scattered-site homes that will be retained as lease property for no more than thirty-six (36) months and sold to eligible low/moderate income families. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - 6 January 27, 2009 Consider authorizing the City Manager to increase the West Trunk Outfall Rehabilitation Phases I and II Project for"extra work" RICH WITH OPPORTUNITY 11EA,1114011T T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: January 27, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Proposed Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II Project. for"extra work". RECOMMENDATION The Administration recommends approval of increasing the Proposed Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II Project by$199,881. The proposed changes to the contract will furnish labor, equipment, and material to install two siphons 203 linear feet each of 36" SDR 26 HDPE across Hillebrandt Bayou. The proposed work will remove, haul, and replace existing concrete ditch liner, remove, haul, and clean up existing pipe and materials, and construction and removal of damming of Hillebrandt Bayou and required bypass pumping. The proposed changes will increase the contract time by 160 calendar days. The additional days increases the total contract time to 430 calendar days. The proposed extra work will represent an increase of 5.85% of the original contract amount. BACKGROUND The Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II encompasses the interceptor, originally installed in 1953, from Washington Boulevard to Lafin Road. The existing siphons crossing Hillebrandt Bayou were installed during the original construction. The existing pipe has deteriorated and infiltration through separated joints is overloading the Wastewater Treatment Plant during rain events, creating sanitary sewer overflows in the collection system. The new lines will replace the existing siphons. Previous actions include: Resolution 06-375 in the amount of$3,417,512 was passed by City Council on December 12, 2006. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II Project January 27, 2009 Page 2 of 2 BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One l DATE: January 13,2009 PROJECT: City of Beaumont,Texas Sanitary Sewer Improvements West Trunk Outfall Rehabilitation Phases I and 11 OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: Brystar Contracting,Inc. 8385 Chemical Road Beaumont,Texas 77705 TO THE OWNER: Approval ofthe following contract change is requested. Reason for Change: To furnish labor, equipment,and material to install two siphons 203 linear feet each of 36" SDR 26 1IDPE pipe across Iillebrandt Bayou. The work includes the removal,hauling,and replacement of the existing concrete ditch liner;removal,hauling,and cleanup of existing pipe and materials;construction and removal of damming of Hillebrandt Bayou and required bypassing pumping. ORIGINAL CONTRACT AMOUNT: _ 3.417,512.00 THIS CHANGE ORDER Descri tion: Net Change To furnish labor,equipment,and material to install two siphons 203 linear feet $ 199,881.00 each of 36"SDR 26 1-IDPE pipe across Hillebrandt Bayou. The work includes the removal, hauling, and replacement of the existing concrete ditch liner; removal. hauling, and cleanup of existing pipe and materials; construction and removal of damming of Hillebrandt Bayou and required bypassing pumping. TOTAL AMOUNT OF THIS CHANGE ORDER: $ 199,881,00 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 3,617,393.00 CONTRACT TIME Original Contract Time: 270 days Additonal Time: 160 days Revised Contract Time 430 days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adiustments in contract price and contract time stipc.lated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents,an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by: Accepted by: Lloyd Engineering City of Beaumont Brystar Contracting,Inc. Engineer Owner Contractor Date: Date: __ Date: RESOLUTION NO. WHEREAS,on December 12,2006,the City Council of the City of Beaumont,Texas, passed Resolution No. 06-375 awarding a contract in the amount of$3,417,512 to Brystar Contracting, Inc., for the Sanitary Sewer System Improvements West Trunk Outfall Rehabilitation Phases I and II Project; and, WHEREAS, Change Order No. 1 in the amount of $199,881 is required to provide labor, equipment, and material to install two siphons 203 linear feet each of 36" SDR 26 HDPE across Hillebrandt Bayou; to remove, haul and replace existing concrete ditch liner; to remove, haul and cleanup existing pipe and materials; and for construction and removal of damming of Hillebrandt Bayou and required bypass pumping, increasing the contract time by 160 calendar days and thereby increasing the contract amount to $3,617,393; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for "extra work"described above thereby increasing the contract amount by$199,881 for a total amount of $3,617,393. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - 7 January 27, 2009 Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XH Project for"extra work" RICH WITH OPPORTUNITY [1EA,[11�1U1111 ( T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: January 27, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project amount by$152,080. The proposed changes to the contract will rehabilitate approximately 2,160 linear feet of 8-inch and 750 linear feet of 10-inch sanitary sewer lines, remove and replace eight manholes in the street, furnish and install one manhole in the street, abandon one manhole in place, clean and televise 2,910 linear feet of damaged lines, post televise 2,910 linear feet of rehabilitated lines, replace 63 service connections and increase the contract time by 120 calendar days. The additional days increases the total contract time to 575 calendar days. The proposed extra work will represent an increase of 10.20% of the original contract amount and bring the total increase of the original contract to 22.18%. The proposed extra work is for the area on Washington Boulevard and Waco Street. BACKGROUND The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the state. Previous actions include: Resolution 07-005 in the amount of$1,491,195.00 was passed by City Council on January 9, 2007. Resolution 07-101 in the amount of$31,670.00 was passed by City Council on April 10, 2007. Resolution 07-155 in the amount of$92,925.00 was passed by City Council on May 29, 2007. Resolution 07-277 in the amount of$44,055.00 was passed by City Council on September 18, 2007. Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project January 27, 2009 Page 2 of 2 Change Order in the amount of$9,950.00 was approved by the City Manager on November 1, 2007. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE Change Order No. 5 Date:January 12,2009 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project Owner: City of Beaumont P.O. Box 3827 Beaumont,Texas 77704 Contractor: Allco, Ltd. P.O. Box 3684 Beaumont,TX 77704-3684 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for"extra work"performed by the Contractor to rehabilitate approximately 2160 linear feet of 8-inch sanitary sewer lines,rehabilitate approximately 750 linear feet of 10-inch sanitary sewer lines,remove and replace eight manholes in the street,furnish and install one manhole in the street,abandon one manhole in place,televise 2910 linear feet of damaged lines,post televise the 2910 linear feet of rehabilitated lines,replace 63 service connections and increase the contract time 120 calendar days. ORIGINAL CONTRACT AMOUNT $ 1,491,195. THIS CHANGE ORDER: Description Net Change Rehabilitate 2160 linear feet of 8-inch sanitary sewer line. x:,640. Rehabilitate 750 linear feet of 10-inch sanitary sewer line. 2(,Z . Remove and replace eight manholes in the street. $2f 9 . Furnish and install one manhole in the street. x:,745. Abandon one existing manhole in place. $ 795. Televise and clean 2910 linear feet of damaged lines. "230. Post televise 2910 linear feet of the rehabilitated lines. $;,910. Replace 63 service connections. $22.,050. TOTAL AMOUNT OF THIS CHANGE ORDER: "52,080. TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS: "78,600. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $1,821,875. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance ofthis waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Dr. Hato Tohme,P.E. City of Beaumont Allco,Ltd. Water Utilities Director Owner Contractor Date: Date: Date: RESOLUTION NO. WHEREAS, on January 9, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-005 awarding a contract in the amount of $1,491,195 to Allco, Ltd. for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project; and, WHEREAS, Change Order No. 1 was required for extra work to rehabilitate approximately 710 linear feet of 8-inch sanitary sewer lines, remove approximately 420 linear feet of existing deteriorated 4-inch liner pipe, install one manhole in the street, install one end of line clean out, pre-televise and post-televise the rehabilitated lines, replace two service connections and increase the contract time 45 calendar days, increasing the contract amount by $31,670 thereby increasing the contract amount to $1,522,865; and, WHEREAS, Change Order No. 2 was required to rehabilitate approximately 1640 linear feet of 10-inch sanitary sewer lines, remove and replace seven manholes in the street, televise 1640 linear feet of damaged lines, post televise 1640 linear feet of rehabilitated lines, perform construction flagging on Roberts Avenue and Fourth Street, replace five service connections and increase the contract time by 60 calendar days thereby increasing the total contract time to 375 calendar days and increasing the contract amount by $92,925 for a total amount of$1,615,790 for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project; and, WHEREAS, Change Order No. 3 was required to rehabilitate approximately 740 linear feet of 6-inch and 310 linear feet of 8-inch sanitary sewer lines, remove and replace three manholes, clean and televise 1050 linear feet of existing lines, post televise 1050 linear feet of rehabilitated lines, and replace 14 service connections and increasing the amount by $44,055 thereby increasing the contract to $1,659,845; and WHEREAS, Change Order No. 4, executed on November 1, 2007, increased the contract amount by $9,950 for a total contract amount of$1,669,795; and WHEREAS, Change Order No. 5 in the amount of $152,080 is required to rehabilitate approximately 2,160 linear feet of 8-inch and 750 linear feet of 10-inch sanitary sewer lines, remove and replace eight manholes in the street, furnish and install one manhole in the street, abandon one manhole in place, clean and televise 2,910 linear feet of damaged lines, post televise 2,910 linear feet of rehabilitated lines, replace 63 service connections and increase the contract time by 120 calendar days, thereby increasing the contract amount to $1,821,875; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 5 for extra work described above in the amount of$152,080, thereby increasing the contract to $1,821,875. PASSED BY THE CITY COUNCIL of the City f Beaumont this the 27th day of Y Y January, 2009. - Mayor Becky Ames - 8 January 27,2009 Consider approving a six month contract for Aluminum Sulfate for use by the Water Utilities Department 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 Officer MEETING DATE: January 27, 2009 REQUESTED ACTION: Council consider authorizing the award of six month contract for Aluminum Sulfate. RECOMMENDATION The Administration recommends the award of a contract to Altivia Corporation of Houston, Texas in the amount of$150,000. BACKGROUND Bids were requested for a six(6)month contract for Aluminum Sulfate for use by the Water Utilities Department to be used in the water treatment process. Bid notices were provided to six(6)vendors with three(3)responding with bids as indicated in the attached bid tabulations. The product recommended for award meets all specifications. The previous price for Aluminum Sulfate was $272 per dry ton. Bid tab is as follows: Vendor Estimated Unit Price Total Price Quantity Altivia Corporation 600 Dry Ton $250 $150,000 Houston, Texas GEO Specialty Chemicals 600 Dry Ton $297.95 $178,770 Little Rock, Arkansas Southern Ionics 600 Dry Ton $316 $189,600 West Point, MS BUDGETARY IMPACT Funds are budgeted in the Water Utilities Department's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department; and, WHEREAS,Altivia Corporation of Houston,Texas, submitted a bid for an estimated amount of $150,000 as shown below: Estimated Quantity Unit Price Total Price 600 Dry Ton $250 $150,000 and WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Altivia Corporation of Houston, Texas, for a six (6) month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department in the unit amounts as shown above for an estimated amount of$150,000 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - 9 January 27,2009 Consider authorizing the City Manager to execute an Industrial District Contract with Entergy Texas Inc. 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: January 27, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Industrial District Contract with Entergy Texas Inc. RECOMMENDATION The Administration recommends approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Entergy Texas Inc. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with Entergy Texas Inc., that expired December 31, 2008. The new contract will be effective January 1, 2009. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2008 or$0.64 per$100 of assessed valuation. Payments will be due to the City by February V of each year. A copy of the agreement is attached for your review. BUDGETARY IMPACT The estimated FY 2009 payment for Entergy Texas Inc. is $109,000 of the $15,782,000 of industrial payments expected in FY 2009. 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 an Industrial District Contract with Entergy Texas, Inc. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and Entergy Texas Inc., hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and/or improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: 1 EXHIBIT "A" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2009 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value/ 100 X Current City Tax Rate=Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2009 shall be due and payable on or before February 1, 2009. The February 1, 2009 payment is calculated as follows: Assumed City Taxes Due: Assessed Value/ 100 X Current City Tax Rate = Assumed City Tax Due Year 1 80% of Assumed City Taxes Due = 2009 Payment 2 Each.October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payment to City shall be 80% of assumed City taxes for the years 2010 - 2011 and 75% of assumed City taxes for the years 2012 - 2015. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay such amount to City on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be 3 recaptured and paid to the City within 60 days of any such event. ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property more particularly described in Exhibit "A" hereto, which are within the extra-territorial jurisdiction of the City of Beaumont. Additional property not included in Exhibit "A" but covered by this agreement includes the land, caverns, gas, and personal property located on Company's real property commonly known as the Spindletop Gas Storage Facility as shown on the records of the Jefferson County Appraisal District which are also within the extra- territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale or transfer of any or all of Company's facilities to any person or entity. As to payments due under this contract no such sale or transfer shall reduce the amount due the City under this contract until the purchaser or recipient of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale or transfer had been made. It is the intent of the parties that no sale or transfer of any of Company's facilities will affect the amount to be paid to the City under this Agreement. 4 ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont 5 Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. I 6 ARTICLE VI AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area described in Article II of and Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2009, and ending on December 31, 2015. ARTICLE VIII NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager President City of Beaumont Entergy Texas Inc. 801 Main P.O. Box 2951 P. O. Box 3827 Beaumont, Texas 77704-2951 Beaumont, Texas 77704 7 ARTICLE IX CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 9 pages plus Exhibit "A", is executed in duplicate counterparts as of this day of , 2009. CITY OF BEAUMONT, TEXAS By: Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk ENTERGY TEXAS, INC. By: ATTEST: 8 EXHIBIT "A" Entergy Texas Inc., Real and Personal Property located within the five mile extraterritorial limits of the City of Beaumont is as follows: Substations Jefferson County Name Amelia Bulk Bevil Mobil Chemical No. 1 Mobil Chemical No. 2 Mobil Chemical No. 3 Mobil Hebert Dupont Beaumont Gulf Lucas Meeker Colonial Hebert McFaddin Spurlock Dupont Capro Houston Chemical Humphrey Dupont Dee Cheek Central Goodyear Cheek Colmobil Pennwalt Poly Villiva Orange County Georgetown Hardin County Loeb Transmission Lines: Jefferson County KV Miles 69 41.53 138 35.10 230 41.15 Orange County KV Miles 69 4.44 138 19.71 230 4.96 Hardin County KV Miles 69 5.00 138 5.60 Distribution Facilities Neches Station Machine Shop Real Estate (See Attached) REAL ESTATE TRACT NO. 1 BEING a tract of land out of the David Brown League Abstract 5, Jefferson County, Texas, being more fully described as follows: BEGINNING at a southeast corner of Entergy Texas Inc., tract, same being the intersection of the left ascending bank of the "Cut Off Ship Channel" cutting through Blocks 15, 16, 17 and 20, C. Cartwright No. 2, D. Brown League, A-5, Jefferson County, Texas, and the north line of Cartwright and Roberts Subdivision B, same being the south line of the C. Cartwright Subdivision No. 2 in the D. Brown League, A-5; THENCE West along a south line of Entergy Texas Inc., tract and a north line of Mobil Oil, same being the north line of the Cartwright and Roberts Subdivision B and the south line of C. Cartwright Subdivision No. 2 to interior corner of the Entergy Texas Inc., tract, same being the northeast corner of Lot G, Block 3, Cartwright and Roberts Subdivision B; THENCE South along an east line of Entergy Texas Inc., tract and west line of Mobil Oil Corporation property and Houston Chemical Company to the most southeast corner of the Entergy Texas Inc., tract; THENCE West along a south line of the Entergy Texas Inc., tract and a north line of Mobil Oil property and the west extension of same to a point for corner, said corner being 100 ft. east of an east line of Mobil Oil property and the west line of Entergy Texas Inc.'s 150 ft. power line right of way; THENCE North along a line that is parallel to and 100 ft. east of the west line of Entergy Texas Inc.'s 150 ft. power line right of way and the east line of Mobil Oil property to the north line of Cartwright and Roberts Subdivision B; THENCE West along a south line of Entergy Texas Inc., property and the north line of Cartwright and Roberts Subdivision B to the south bank of the south leg of"Old River"; THENCE in a northeasterly direction along a northwesterly line of Entergy Texas Inc., property and the south bank of the south leg of"Old River", to the left ascending bank of the "Cut Off Ship Channel" of the Neches River; THENCE in a southeasterly direction along the left ascending bank of the "Cut Off Ship Channel" of the Neches River to the point of beginning. to January 27,2009 Consider approving a contract with Premier Election Solutions for rental of election equipment, software, training and other related services for the May 9, 2009 General Election RICH WITH OPPORTUNITY T • E , x . A . s Cty Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: January 27, 2009 REQUESTED ACTION: Council consider approving a contract with Premier Election Solutions for rental of election equipment, software, training and other related services for the May 9, 2009 General Election RECOMMENDATION The Administration recommends approving a contract with Premier Election Solutions of Allen, Texas for the May 9, 2009 General Election in the amount of$69,549.00. BACKGROUND In 2007,the Jefferson County Clerk sent letters to all political sub-divisions indicating that she would no longer conduct local elections, therefore it is necessary for the City to utilize a private sector vendor to help conduct the General Election. The City of Beaumont is now preparing for its May 9,2009 General Election that will be held jointly with the Beaumont Independent School District as well as the Port of Beaumont. The contract allows Premiere to provide the necessary equipment, software, training and other related services necessary to conduct the election. Please note that the amount of the contract does not include funding for poll workers, facilities and election supplies. These additional costs are estimated to be $32,223. BUDGETARY IMPACT Funds are budgeted in the City Clerk's operating election budget. P.O.Box 1019 Allen, 75003 PRE M I ER" 469-675-5- RENTAL, LICENSE, AND 800-433-8683(VOTE) SERVICES AGREEMENT Fax(214)383-1596 CUSTOMER: City of Beaumont,TX PREMIER ELECTION SOLUTIONS,INC. Addresses: 801 Main Street P.O.Box 1019 Mailing Suite 125 Allen,TX 75013 Beaumont,TX 77701 Attn:Contracts Department Physical/ 801 Main Street Overnight Deliveries: Shipping Suite 125 1253 Allen Station Pkwy. Beaumont,TX 77701 Allen,TX 75002 Attn:Contracts Department Contacts: Tina Broussard Therese Covington,Paralegal Andrew Stewart,Sales Representative Phone: 409.880-3745 469-675-8990,ext.1136 // 469-675-8990,ext.1116 Fax: 214-383-1596 // 214-383-1596 Email: tbroussard@ci.beaumont.tx.us Therese.Covington @premierelections.com Andrew.Stewart@premierelections.com Jurisdiction: City of Beaumont Effective Date: Date of the last signature set forth below (County/Municipality) State: TX Term Date: See`Term"definition herein. (Customer's State) Premier Election Solutions, Inc. ("Premier") and the Customer (as listed above) hereby enter into this Rental, License and Services Agreement("Agreement")as of the date of the last signature set forth below(the"Effective Date")and expires on the date shown above unless earlier terminated under Section 12 or extended under Section 2.1 below (the "Term"). The Customer and Premier are sometimes hereinafter referred to collectively as the "Parties" and each individually as a "Party". This Agreement consists of this "Signature Page," the below standard terms and conditions, and Exhibit A, Pricing and Payment Schedule attached hereto and incorporated herein by this reference: The parties have executed this Agreement by their duly authorized representatives as of the Effective Date. City of Beaumont,TX PREMIER ELECTION SOLUTIONS,INC. Authorized Signature Date Authorized Signature Date Yvette Saenz Controller Printed Name,Title Printed Name,Title APPROVED AS TO LEGAL FORM Authorized Signature Date Authorized Signature Date Therese Covington,Paralegal Printed Name,Title Printed Name,Title Should the Customer have any questions or concerns regarding the applicable terms and conditions, please contact the Premier Contracts Department at 469-675-8990, ext. 1136 or via email at PremierContracts @premierelections.com. For any questions regarding the attached quote/pricing, please contact the Sales Representative listed above. Customer Voting System Rental License and Service Agreement Premier Election Solutions,Inc. Page 1 of 6 DATE Premier Election Solutions,Inc.is an Equal Opportunity Employer,committed to a culturally diverse workforce(M/F/D/V). 1. Definitions 1.1. "Premier Software" means Premier's proprietary software and firmware as delivered to Customer on digital or magnetic media or loaded on the Hardware delivered hereunder, together with any user manuals or other associated documentation. 1.2. "Hardware" means Premier's voting system machines as specified in Exhibit A. 1.3. "Licensed Software" means the Premier Software and Third-Party Software, collectively,together with any user manuals or other associated documentation. 1.4. "Specifications" means descriptions and data regarding the features, functions and performance of the Hardware and/or Premier Software, as set forth in associated user manuals or other applicable documentation. 1.5. "System" means the Hardware and Licensed Software, collectively. 1.6. "Term" under this Agreement shall begin on the Effective Date of the Agreement, and the Agreement shall expire five (5) days subsequent to the completion of the election quoted in Exhibit A herein. 1.7. "Third-Party Software" means software owned by a third party that is provided by Premier hereunder, together with any user manuals or other associated documentation. 2. Term. 2.1. The Parties may extend the Term of this Agreement by agreeing in writing, before the expiration date set forth above, on a later expiration date; 2.2. Section 7 (to extent of any payments still due) and Section 10 will survive any expiration or termination of this Agreement in accordance with their respective terms;and 2.3. Terms of this Agreement that do not survive expiration or termination will nonetheless be effective in determining the Parties' rights and obligations as to acts, omissions or events taking place before such expiration or termination. 3. Premier's Responsibilities 3.1. Commencing on the Effective Date and continuing during the Term, Premier will provide the services described in the scope of work attached hereto as Exhibit A. 3.2. Premier shall rent the Hardware to Customer pursuant to Section 5 of this Agreement. 3.3. Premier shall license the Licensed Software to Customer pursuant to Section 6 of this Agreement. 3.4. Premier shall provide the services described in Exhibit A with respect to System delivery, installation and training and support. 3.5. Premier shall appoint a customer support representative, who will serve as a first point of contact with Customer, will be authorized to make day-to-day decisions relating to this Agreement and will have access to Premier's management for other decisions. 3.6. Premier shall have conducted criminal background checks on all on-site Premier personnel as a regular course of doing business. 3.7. Premier shall notify the Customer in writing, via e-mail or phone call no less than one (1) hour prior to the on-site visit of any Premier personnel to the Customer's Jurisdiction. 4. Customer Responsibilities 4.1. Customer shall provide Premier with physical accommodations reasonably required for Premier to perform its obligations, including premises access, electrical power, data connectivity, heat,ventilation and air conditioning. 4.2. Customer shall provide access to information and personnel reasonably required for Premier to perform its obligations. 4.3. Customer shall appoint a project manager, who will serve as a first point of contact with Premier, will be authorized to make day-to-day decisions relating to this Agreement and will have access to Customer's authorized officials for other decisions. 4.4. CUSTOMER SHALL RETAIN ALL ORIGINAL RENTAL EQUIPMENT PACKAGING, INCLUSIVE OF INNER PLASTIC BAGS AND TIES, TO ELIMINATE OR REDUCE THE EXPENSES OF REPACKAGING SUPPLIES Premier Election Solutions,Inc. Rental,License,and Services Agreement January 15,2009 Page 2 of 6 Version 2008-03 REQUIRED TO RETURN THE EQUIPMENT UPON COMPLETION OF RENTAL. SHOULD CUSTOMER FAIL TO DO SO, CUSTOMER SHALL BE RESPONSIBLE FOR THE EXPENSES RELATED TO PREMIER'S REPLACEMENT OF SUCH PACKING MATERIALS. 4.5. Upon expiration or termination of this Agreement for any reason, Customer will cease all use of the System and promptly make all components of the System available for pick up by Premier. 4.6. Customer shall be responsible for the following: 1. Premier must receive a Customer executed Agreement no later than ten (10) days prior to Customer's early voting date of the election related to the proposed Agreement. Should Customer fail to do so, Premier shall maintain the right to re-quote the Rental Agreement; 2. Premier must receive Customer's ballot information no later than thirty (30) days prior to the election day related to the proposed Agreement. Should Customer fail to do so, Customer agrees to pay a late fee in the amount of $100 per day for each day the ballot information is delayed beyond the above- mentioned date; 3. Customer understands the proposed Agreement does not include the expenses related to recounts. Should such services be necessary, Premier shall provide a quote to cover the additional fees. 4.7. Customer is solely responsible for assuring all relevant state and local laws, ruling and ordinances are complied with in regard to the use of Premier's System for any Customer election, including all associated election guidelines and applicable election due dates. 5. Hardware 5.1. Premier agrees to rent the Hardware to Customer during the Term. 5.2. Customer acknowledges that, unless and until Customer exercises its purchase option, as between Premier and Customer, Premier owns the Hardware and retains title thereto. Customer shall avoid damage or loss to the Hardware, normal wear and tear excepted. Customer shall not permit any Hardware to be moved outside the geographic area of Customer's jurisdiction ("Jurisdiction"), or that of their legal representative, or surrender control of or sell any Hardware, and shall keep the Hardware free from security interests and other encumbrances. 6. Licensed Software 6.1. Subject to the terms of this Agreement, Premier grants Customer a non-exclusive license, without the right to transfer or sublicense, to use the Premier Software only in object code form, only during the Term and only in preparing for and conducting federal, state or local elections, run-offs, referenda and other similar voting events that take place within the geographic area of the Customer's "Jurisdiction". The foregoing license may be exercised on Customer's behalf by any of its officials, employees or volunteers authorized to conduct Elections. 6.2. Subject to the terms of this Agreement, Premier agrees to sublicense the Third-Party Software to Customer only in object code form, only for use during the Term as part of the System and only for the purposes described in Section 6.1 above. This sublicense is conditioned on Customer's continued compliance with the terms and conditions of the end-user licenses contained on or in the media on which Third-Party Software is provided. 6.3. Other than as expressly set forth in Sections 6.1 and 6.2 above, Premier does not, expressly or by implication, assign or license any intellectual property rights to Customer or to any third party. 6.4. Upon expiration or termination of this Agreement for any reason, the licenses granted in this Agreement will terminate without further action by either Party, and Customer will cease all use of the Licensed Software. 7. Payment 7.1. In consideration of the products, licenses and services provided under this Agreement, Customer shall pay Premier the amounts specified in Exhibit A at the times specified therein. 7.2. Customer is responsible for all sales, excise, personal property or other taxes or duties on the amounts paid or products, licenses or services provided under this Agreement. If Customer is exempt from such taxes or duties, Customer shall provide Premier with a tax exemption certificate. 7.3. Due to the volatile nature of estimating costs associated with travel, delivery and postage, Premier reserves the right to modify any such quoted amounts with actual costs should the actual expenses be incurred more than 60 days beyond the date of Customer's execution of this Agreement. Premier agrees to provide Customer with Premier Election Solutions,Inc. Rental,License,and Services Agreement January 15,2009 Page 3 of 6 Version 2008-03 I reasonable documentation concerning the amounts of any such expenses modified from the amounts previously quoted by Premier. 8. Limited Warranties 8.1. Premier warrants that, during the Term, the Premier Software will perform free of defects that would prevent the System from operating in conformity in all material respects with its Specifications, so long as such Premier Software is operated with hardware and software approved by Premier for use with such Premier Software. 8.2. Premier warrants that, during the Term, the Hardware will perform free of defects that would prevent the System from operating in conformity in all material respects with its Specifications, so long as such Hardware is operated with hardware and software approved by Premier for use with such Hardware. 8.3. The warranties in Sections 8.1 and 8.2 do not apply to the Third-Party Software or to any other third-party products. Notwithstanding the foregoing: 8.3.1.To the extent permitted by the manufacturers of Third-Party Software, Premier shall, during the Term, pass through to Customer all warranties such manufacturers make to Premier regarding the operation of such Third-Party Software. 8.3.2. Premier warrants that, during the Term, all components of the Hardware and Premier Software will interface and function properly with the Third-Party Software, so long as the Third-Party Software operates in compliance with all applicable manufacturers'warranties. 8.4. Premier will promptly undertake repair or replacement of any Hardware or Premier Software that fails during the Term to operate in accordance with any warranty under this Agreement. During the election cycle (one month prior to and after each election date), repair or replacement will be made within 48 hours after request for service. Such repair or replacement is Customer's exclusive remedy for such a failure. 8.5. PREMIER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY BASED ON A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. 9. Limitation of Liability. Neither Party will be liable to the other Party under this Agreement for (1) consequential, special, punitive or incidental damages or (2) compensatory damages in excess of the total of all amounts payable under this Agreement during the six-month period preceding the event or events giving rise to liability. 10. Confidential Information. Neither Party will use or disclose the other Party's Confidential Information without the other Party's prior written consent. "Confidential Information" means, as to Premier, the Premier Software and all user manuals and other documentation provided hereunder and, as to either Party, any information labeled confidential by the Party when it is disclosed. This paragraph does not apply to information (a)after it becomes publicly known through no fault of the receiving Party, (b) already rightfully in the receiving Party's possession when received as shown by the Party's records maintained in the ordinary course, (c)developed by the receiving Party without the use of the other Party's Confidential Information as shown by the Party's records maintained in the ordinary course or (d) required to be disclosed by law so long as the other Party is given immediate notice of the disclosure order or request (including requests under open records acts or other similar laws) that the information be disclosed and the fullest opportunity permitted by law to prevent or limit the disclosure. Each Party acknowledges that its breach of this Section 10 may cause the other Party substantial and irreparable harm for which the other Party would be entitled to equitable relief in addition to any available legal remedies. Each Party hereby waives any requirement to post bond or provide other security as a condition to receiving such equitable relief. 11. Force Majeure. Premier's obligations hereunder will be suspended so long as its performance is impeded or prevented by causes beyond Premier's reasonable control, including acts of God, embargoes, acts of war (including terrorist attacks), labor disturbances and acts or regulations of governmental entities. 12. Termination 12.1 Termination for Cause. If either Party materially breaches this Agreement and does not cure the breach within 30 days after receiving written notice of the breach from the non-breaching Party, the non-breaching Party may terminate this Agreement as of a termination date specified in that notice or in a subsequent notice delivered within the 30-day period. If the breach is of such a nature that it cannot be completely cured within the 30-day period, no default will occur if the Party receiving the notice begins curative action within the 30-day period and thereafter proceeds with reasonable diligence and in good faith to cure the breach as soon as practicable. 12.2 Termination For Convenience. Premier Election Solutions,Inc. Rental,License,and Services Agreement January 15,2009 Page 4 of 6 Version 2008-03 12.2.1 Premier shall have the right to terminate this Agreement for any reason upon sixty (60) days' prior written notice to the other party. During the notice period, Premier shall continue to provide the agreed upon services, unless Customer shall direct that Premier cease all work, in which case the Agreement shall be deemed terminated consistent with the preceding during such notice period. 12.2.2 Customer shall have the right to terminate this Agreement for any reason with Premier retention of the rental price to the extent as prescribed: 12.2.2.1 Written notice received by Premier 30 days or more from Customer's first day of voting election, Premier shall retain 30% of the rental price. 12.2.2.2 Written notice received by Premier 29 days or less from Customer's first day of voting election, Premier shall retain 50%of the rental price. 13. Indemnification. To the extent permitted by law, and notwithstanding any other provision in this Agreement to the contrary, each party to this Agreement shall indemnify, defend, and hold harmless the other party and its officers, directors, agents, employees, and owners from and against any and all demands, claims, damages to persons or property, losses, and liabilities, including reasonable attorneys' fees (collectively, "Claims"), arising solely out of or solely caused by the indemnifying party's gross negligence or willful misconduct in connection with the services contemplated by this Agreement. 14. Risk of Loss Insurance. Customer shall bear the entire risk of loss or damage to the Hardware and Licensed Software. The occurrence of any such loss or damage shall not permit Customer to delay or reduce the payment of any fees prescribed under this Agreement. Customer may, at its own expense and option, obtain and maintain property and casualty insurance for the Hardware and Licensed Software against all risks of loss or damage. The amount of such insurance shall not be less than the replacement cost of the Hardware and Licensed Software. All policies for such insurance shall (i) designate Premier as a named insured and Premier and Customer as loss payees, as their interests may appear and (ii) contain a provision that entitles Premier to at least fifteen (15) days'written notice prior to cancellation or modification of such insurance policy. Customer shall provide Premier with a certificate of insurance with respect to such policy on or before the time of delivery of the System. Customer shall not be relieved of the obligation to reimburse Premier for the costs associated with damage or loss to Premier's Hardware and/or Software by failing to obtain the insurance coverage as described above. For purposes of calculating insured loss, Premier shall provide replacement copies of lost or damaged Premier Software for the cost of materials, provided that Premier provides Customer with proof of loss or damage. 15. Miscellaneous 15.1 Neither Party may assign any rights or delegate any obligations under this Agreement without the prior written consent of the other Party; provided that Premier may, upon 30 days' prior written notice to Customer, assign its rights and delegates its obligations under this Agreement to another entity controlled, directly or indirectly, by Diebold, Incorporated, and may, upon prior notice to Customer, subcontract obligations under this Agreement to third-party providers. Any attempted assignment in violation of this Section will be null and void. 15.2 If any term of this Agreement is held to be unenforceable,the other terms of this Agreement will be enforced to the fullest extent permitted by law. 15.3 This Agreement may be executed in counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. 15.4 This Agreement will be governed by and construed under the laws of the State as identified on page 1 of this Agreement, and the state and federal courts within said State have non-exclusive jurisdiction for all actions to enforce this Agreement. 15.5 No waiver or failure by a Party to assert any right under this Agreement on any one occasion will operate as a waiver of any other right on that occasion or any right on any other occasion. 15.6 All notices under this Agreement will be delivered personally, sent by confirmed facsimile transmission, sent by nationally recognized express courier or sent by certified or registered U.S. mail, return receipt requested, to the address shown below or such other address as may be specified by either Party to the other Party in compliance with this Section. Notices will be deemed effective on personal receipt, receipt of such electronic facsimile confirmation,two days after such delivery by courier and four days after such mailing by U.S. mail. 15.7 This Agreement, including the Exhibit attached hereto as of the Effective Date (which are incorporated herein by this reference), is the complete and final expression of the Parties' agreement regarding its subject matter and supersedes all prior or contemporaneous communications or agreements, written or oral, by the Parties regarding Premier Election Solutions,Inc. Rental,License,and Services Agreement January 15,2009 Page 5 of 6 Version 2008-03 that subject matter. In the event of any conflict or ambiguity between the terms set forth in the body of this Agreement (i.e., Section 1.1 through this Section 15.7) and those set forth in the attached Exhibit, the terms set forth in the body of this Agreement will prevail. No amendment or supplement to this Agreement is effective unless in writing and signed by both Parties' authorized representatives. In this Agreement, the word "include" (or any of its derivatives) is deemed to be followed in all contexts by the words "without limitation." Headings are included for convenience and will be ignored in interpreting this Agreement. EXHIBIT A SEE ATTACHED QUOTATION FORM FOR DETAIL RENTAL DESCRIPTION AND PRICING Any quote(s) attached to this Agreement shall be incorporated therein for all purposes. Payment Terms Customer shall pay the amounts indicated within 30 days from receipt of Premier's invoice. Premier Election Solutions,Inc. Rental,License,and Services Agreement January 15,2009 Page 6 of 6 Version 2008-03 Rental Quote PRE MI ER Page 1 of 2 F ':._ C T ti ;N 0 E 1,,N P.O.Box 1019 Date 11/6/2008 Allen TX 75013 United States Customer Contact Customer Phone (409)880-3745 Sales Rep Estimate# QT11266 Ship Via Actual Shipping Bill To Memo Tina Broussard Required Delivery Date 4/17/2009 City of Beaumont Elections Department 801 Main Street Election Date 5/9/2009 Suite 125 Beaumont TX 77701 Expected Return Date 6/6/2009 Ship To Special Instructions Tina Broussard City of Beaumont Elections Department 801 Main Street Suite 125 Will Charge Actual Shipping Charges Beaumont TX 77701 United States 341-2211-RNTL 150 = AccuVote Touch Screen -TSX Rental 30,000.00 641-1400-RNTL 150 Memory Card 128 KB Rental 7,500.00 341-1122-RNTL 88 ? Voter Card Encoder Rental 3,520.00 ': 144-1111-RNTL 44 ' VIBS Headphone&Key Pay Rental 880.00 642-1123VCG-RNTL 400 Voter Cards Rental 2,000.00 642-1123SCG-RNTL 44 ' Supervisor Card Rental 220.00 x 311-1421-RNTL 2 Accuvote Optical Scanner Rental 500.00 641-1321-RNTL 3 AVOS Memory Card 128KB R2 w/battery Rental 150.00 RNTL 200 1 F Data Base Programming 8,000.00 RENTAL 1 GEMS Lap Top Station Package 6,000.00 -GEM's Technician - Election Database Loaded and Configured -Crossover Cable for TSX - Network Card with Dongle for TSX -9 Pin to 9 Pin Serial Cable for AVOS RNTL 160 1 Paper Ballot Printing Setup Fee 250.00 ' RNTL 165 3900 Ballot Printing 1,521.00 RNTL 155 3 Logic&Accuracy and Acceptance Testing 7,950.00 RNTL 180 3 Training services for Rentals 4,095.00 RNTL 510 1 Election Day Support 1,950.00 RNTL 510 2 Election Day Support 3,900.00 PREMIER.. Rental Quote EL CT Cacti, ;0 L t NS Page2of2 P.O.Box 1019 Date 11/6/2008 Allen TX 75013 United States Estimate# QT11266 s -Rovers Discount-Rentals Discount-Rentals -17,387.00 20% New Customer Discount RNTL 905 17 ' Travel Expenses 8,500.00 -2 Techs for 3 Day(L&A) - 1 Techs for 3 Day(Training) -4 Techs for 2 Days(Election Day Support) Subtotal 69,549.00 Shipping Cost(Actual Shipping) 0.00 Total $69,549.00 This quote is good for 30 days. �II �III'II�II'll�ll'llllllll'll OT11266 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 contract with Premier Election Solutions of Allen, Texas, for rental of election equipment, software, training and other related services for the May 9, 2009, General Election. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. Mayor Becky Ames - 11 January 27, 2009 Consider authorizing the City Manager to enter into a Neighborhood Empowerment Zone Abatement Agreement with Paul and Dana David RICH WITH OPPORTUNITY BEAUMON*T • E . x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: January 27, 2009 REQUESTED ACTION: Consider authorizing the City Manager to enter into a Neighborhood Empowerment Zone Abatement Agreement with Paul and Dana David. RECOMMENDATION The Administration recommends approval of entering into a Neighborhood Empowerment Zone Tax Abatement Agreement with Paul and Dana David, offering economic incentives in exchange for the construction of a Single-Family home with a value of$50,000 or greater at 3960 Estelle, within Neighborhood Empowerment Zone#2. BACKGROUND: In an effort to encourage economic development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, the City implemented Four Neighborhood Empowerment Zones within the city. These zones offer incentives to attract redevelopment to these areas. Incentives include: 1) A three-year municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. 4) Lien waivers for any lien claimed by the City for demolition or high grass abatement expenditures. The Davids are requesting expedited permit review, fee waiver and three(3)year city ad valorem tax abatement as incentives for locating a new single-family home within Empowerment Zone#2. BUDGETARY MPACT Revenues from waived fees and liens and abated ad-valorem taxes would be forgone, but the long-term economic impact associated with new development should positively affect future budgets. RICH WITH OPPORTUNITY KARON* T - a ` X , A ` s CITY OF BEAUMONT APPLICATION FOR NEIGHBORHOOD EMPOWERMENT ZONE DEVELOPMENT INCENTIVES The purpose of this application is to present to the City of Beaumont a reasonably comprehensive outline of the project for which the incentives are requested. Please review the Neighborhood Empowerment Zone guidelines carefully before completing this application. If additional space is needed, separate sheets may be attached. Types of incentives that you are seeping: • Building Fee Waivers • Expedited Permit Review ❑ Lien Waivers X Tax Abatement DESCRIPTION OF PROJECT 1. Legal name and address of applicant: Johnny Casmore on behalf of Paul and Dana David of 8112 Lemon Tree, Port Arthur, Texas 2. Type of organization(Corporation, Ltd. Partnership, etc.): Individual 3. Date organization formed: N/A 4. Address and telephone number of headquarters location: N/A 5. State(s)in which business is registered: N/A 6. Other locations of this business(names of cities): N/A 7. Is business current with all taxes? N/A 8. Name, address, and telephone number of principal officers: N/A 9. Name, address & phone number of designated contact person: Paul and Dana David of 8112 Lemon Tree,Port Arthur, Texas,(409) 790-2318 10. Type of business to be conducted and goods or services to be produced or provided: Single-Family Home 11. Location of project (street address): 3960 Estelle 12. Legal (lot, block& subdivision) description of the project: Lot 4&5,Block 24,West Oakland Subdivision 13. Identify and describe the kind, number and location of all improvements to the physical property and discuss the development schedule of the proposed improvements. Construction of new single-family home,value in excess of$50,000. 14. What infrastructure construction will be required to serve the proposed project? What is the estimated cost of this construction? N/A 15. Estimated date for project to be operational: 2009 18. City liens requested to be released: N/A EMPLOYMENT IMPACT (for Non-residential Projects): N/A FISCAL IMPACT 25. Is there an anticipated cost to the City of Beaumont for providing municipal services to the proposed project? N/A COMMUNITY IMPACT 28 Do you anticipate the proposed project having a substantial impact on the local residential, commercial or retail market? Additional residences will help area retail activity. 29. Will rezoning and platting/replatting be required? No 2 It is understood that the information provided herein is based on estimates and projections, but that such estimates and projections have been fully investigated and are made in good faith as to their accuracy. It is further understood that any information provided herein that is actual and not estimated is represented to be true and correct. Any information herein, which is misrepresented as true and correct or for which there is no good faith basis, may result in the denial of consideration for or termination of incentive a IL — &- 2o-o7 nature Date 3 If you have any questions about this application please call the Community Development Department at(409) 880-3762. CITY OF BEAUMONT STAFF RECOMMENDATION(S)AND/OR COMMENT(S): (To be completed by City of Beaumont Staff Only) 2. Recommendation: Approve Disapprove Comments: 4 s r I Lp Zvi Al IZ I�-�-B ►-v G' 1 ` a I 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 Neighborhood Empowerment Zone Tax Abatement Agreement with Paul and Dana David offering economic incentives in exchange for the construction of a single-family home with a value of$50,000 or greater at 3960 Estelle within Neighborhood Empowerment Zone #2. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is entered into by and between the City of Beaumont, Texas, a home-rule city and municipal corporation of Jefferson County, Texas, acting herein by and through its City Manager, hereinafter referred to as"City"; and Paul and Dana David of 8112 Lemon Tree, Port Arthur, Texas, hereinafter referred to as"Owner". WITNESSETH: On the twenty-ninth(29th) day of July, 2008, the City Council of the City of Beaumont, Texas, passed Ordinance No. 08-062, establishing Empowerment Zone No. Two, City of Beaumont, Texas, for residential and commercial tax abatement, hereinafter referred to as"Ordinance", as authorized by Vernon's Texas Civil Statutes Tax Code, Section 312.001 and Chapter 378 of the Texas Local Government Code, et seq, as amended, hereinafter referred to as"Statute". WfIEREAS, in order to maintain and/or enhance the local economy and provide quality, affordable housing, in accordance with said Ordinance and Statute,the parties hereto do mutually agree as follows: 1. The property to be the subject of this Agreement shall be Lots four(4) and five (5),Block twenty-four(24), West Oakland Subdivision and shall hereinafter be referred to as"Premises". 2. The owner shall cause to be constructed a single-family dwelling, the improvement value being $50,000 or greater and shall be completed not later than July 1, 2009. 3. The Owner agrees to pursue these improvements as good and valuable consideration of this Agreement. 4. In the event that the improvements for which an abatement has been granted are not completed in accordance with this Agreement,then this Agreement shall be EXHIBIT "A" subject to termination and all delinquent taxes and taxes which otherwise would have been paid to the City without the benefit of abatement will become a debt to the City and shall be due, owing and paid to the City within sixty(60) days of any such event. In the event that the Owner defaults in the terms and conditions of this Agreement, the City shall give the Owner written notice of such default and if the Owner has not cured such default within thirty(30)days of said written notice,this Agreement may be terminated `by the City. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Paul and Dana David 3960 Estelle Street Beaumont, TX 77705 5. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. This Agreement cannot be assigned by Owner,unless written permission is first granted by the City, which permission shall be in the sole discretion of the City. 6. The Owner agrees to hold the City harmless from any and all kinds of claims, losses, damages, injuries, suits or judgments involving the City and relating to such improvements. 7. The City shall have reasonable right to inspect the Premises during regular daylight hours to ensure that the improvements are made according to the terms of this Agreement. 8. Subject to the terms and conditions of this Agreement, all increases in ad valorem real property taxes resulting from the improvement of these Premises, otherwise owed to the City, are hereby abated in their entirety for a period of three(3)year beginning January 1, 2010. 9. This Agreement was authorized by resolution of the City Council at its meeting on the Twenty-Seventh (27U') day of January, 2009, authorizing the City Manager to execute the Agreement on behalf of the City. 10. This Agreement was authorized by the Owners on the day of 2009. l 1. This shall constitute a valid and binding agreement between the City and the Owners when executed on behalf of said parties, for the abatement of City ad valorem taxes in accordance therewith. The Agreement is performable in Jefferson County, Texas, witness our hands This day of , CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk OWNERS By: Paul David By: Dana David ATTEST: 12 January 27, 2009 Consider approving the appointment of Quentin Price as a Senior Assistant City Attorney and setting his starting compensation i I RICH WITH OPPORTUNITY ILI . � 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: January 27, 2009 REQUESTED ACTION: Consider an resolution approving the appointment of Quentin Price as a Senior Assistant City Attorney and setting his starting compensation. RECOMMENDATION Administration recommends that the appointment of Quentin Price as a Senior Assistant City Attorney for the City of Beaumont be approved at a starting salary of$83,000. BACKGROUND Under the Charter, the City Attorney may appoint his assistants with the approval of the City Council at such compensation as set by the Council. The position vacated by the resignation of Bettye Kyle Thomas has been vacant since September, 2007, and interviews have been conducted. Mr. Price is very qualified for this position. His resume is attached for your review. BUDGETARY IMPACT The amount necessary to pay the salary and benefits of the position are available in the City Attorney's budget. QUENTIN D. PRICE 12735 Balsa Lane Beaumont, TX 77713 (409) 753-3753 Home (409) 651-7298 Cell Email: Qprice @cmaaccess.com EDUCATION LEGAL: Texas Tech University School of Law Juris Doctorate-May 1991 Graduated top 21% GRADUATE: Texas Tech University Master of Business Administration-May 1984 UNDERGRADUATE: Lubbock Christian University Bachelor of Science, Business Administration—May 1983 Magna Cum Laude WORK EXPERIENCE 1995 —2008 Barton, Price,McElroy&Townsend Orange,Texas Trial Attorney and Office Practice • Longshore and Harbor Workers' Compensation Act Trial work before the Office of Administrative Law Judges,Benefits Review Board,and Fifth Circuit Court of Appeals • General Civil Trial Practice Personal injury, contracts, Deceptive Trade Practices • School Attorney School law, employment law, civil rights, and Qua Tam action • City Attorney Draft ordinances and insure compliance with laws governing a city 1991 - 1995 Strong, Pipkin,Nelson&Bissell Beaumont,Texas General Civil Defense Attorney • Defended personal injury claims,auto accidents and general negligence • Toxic tort defense QUENTIN D. PRICE 12735 Balsa Lane Beaumont, TX 77713 (409) 753-3753 Home (409) 651-7298 Cell Email: Qprice @cmaaccess.com 1988- 1988 Triangle Pacific Corporation Dallas,Texas Cost Accountant, Cabinet Division • Generate materials portion of cost of goods sold • Generated cost input for computerized tracking of costs of goods sold • Inventory control 1985- 1988 Zachry Construction Company San Antonio, Texas Office Manager • Responsible for payroll, accounts receivable, and accounts payable • Analyze job performance • Monitor company property insuring preservation and proper use of same • Insure proper accounting for equipment used • Warehouse operations including inventory control, purchasing and determining amount of stock to maintain on hand 1979- 1985 Southwest Private Schools Lubbock, Texas General Maintenance • Yard and pool maintenance • Apartment maintenance • Bus Driver • Supervised construction crew REFERENCES Available upon request RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment of Quentin D. Price as Senior Assistant City Attorney for the City of Beaumont be and the same is hereby approved and his initial salary is established at $83,000 annually and thereafter as established by the Budget of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. - Mayor Becky Ames - WORKSESSION * Review and discuss the use of Mobile Food Units Information for Worksession: On December 16, 2008, city council issued a 90 day moratorium regarding the issuance of permits for mobile food units. This moratorium allowed both the health department and planning department to review the current ordinance as well as ordinances in other cities. Both departments will present information regarding the results of the research and provide council with various options in moving forward to lift the moratorium.