HomeMy WebLinkAboutPACKET FEB 17 2009 RICH WITH OPPORTUNITY
BEA,UMON*
T • L - B - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL,CHAMBERS FEBRUARY 17,2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Appoint Craig Lively as the Chief Magistrate for the Municipal Court of the City of
Beaumont
B) Approve the purchase of pet crates for use during emergency evacuations
C) Authorize the City Manager to execute all documents necessary, specifically including a
Grantee Acceptance Notice, for funding for the Southeast Texas Auto Theft Task Force
D) Authorize the City Manager to execute a License Agreement in order for the Southeast
Texas Auto Theft Task Force to maintain a kiosk at Parkdaie Mall
E) Approve a resolution accepting payment and authorizing the release of a paving lien
against property described as Cadillac& Sarah Lot 11 &Block 2 Pear Orchard,
Beaumont, Texas
F) Authorize the City Manager to execute an agreement with Ticketmaster L.L.C. to provide
for a computerized box office ticketing and distribution system
A
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attome
MEETING DATE: February 17, 2009
REQUESTED ACTION: Consider appointing Craig Lively as the Chief Magistrate
for the Municipal Court of the City of Beaumont.
RECOMMENDATION
Administration recommends approval of a resolution appointing Craig Lively as the Chief
Magistrate for the Municipal Court of the City of Beaumont.
BACKGROUND
On June 24, 2008, the City Council appointed Craig Lively and Theodore Johns as full-time City
Magistrates for the City of Beaumont Municipal Court for a two (2) year term. The City Charter
states, " There shall be one (1) or more magistrates of said municipal court known as city
magistrates, one of whom shall be designated as chief magistrate who shall be elected by a
majority vote of the city council for a term of two (2) years. . . ." The Council has indicated that
one of the full-time magistrates should be designated as Chief Magistrate. The City Council
discussed the possibility of designating full-time Magistrate Craig Lively as the Chief Magistrate
of the Municipal Court. Judge Lively has expressed an interest in being Chief Magistrate should
the position be offered.
BUDGETARYIMPACT
There is no additional compensation contemplated with this designation.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT Craig Lively be designated as the Chief Magistrate of the City of Beaumont
Municipal Court. This designation will run through the end of his current term of
appointment under the terms and conditions of that appointment.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
February, 2009.
- Mayor Becky Ames
B
RICH WITH OPPORTUNITY
[111E'AI (
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: February 17, 2009
REQUESTED ACTION: Council consider approving the purchase of pet crates
for use during emergency evacuations.
RECOMMENDATION
The administration recommends approval of the purchase from Artvard Pet Products of Van
Nuys, California in the amount of$53,017.
BACKGROUND
On August 8, 2008, council approved Resolution No. 08-221, to accept funds for a regional
Companion Animal Evacuation Project through the FY2008 Nelda C. and H.J. Lutcher Stark
Foundation grant program. The Project will provide pet crates to safely contain companion
animals during public transportation and sheltering during emergency evacuation. These are
cost-effective, durable and stackable crates which are easily stored, assembled and reused.
Bids were solicited from fifteen vendors and three responses were received. Bid tab is as
follows:
Purchase of Pet Crates
February 17, 2009
Page 2
Artvard Pet Products Petsmart Animal Care
Van Nuys,CA Beaumont,TX Equipment&Service
Boulder,CO
QTY DESCRIPTION Unit Price Total Price Unit Price Total Price Unit Price Total Price
285 18"X 12"X 15" $14.99 $4,272.15 $39.99 $11,397.15 $65.00 $18,525.00
Single Door
290 24"x 17"x 20" $23.99 $6,957.10 $47.99 $13,917.10 $75.00 $21,750.00
Double Door
395 36"x 23"x 26" $40.99 $16,191.05 $71.99 $28,436.05 $85.00 $33,575.00
Double Door
170 42"x 28"x 31" $54.99 $9,348.30 $95.99 $16,318.30 $125.00 $21,250.00
Double Door
170 48"x 30"x 33" $64.99 $11,048.30 $111.99 $19,038.30 $158.50 $26,945.00
Double Door
Freight Charges $5200.00 $5200.00 0.00 0.00 0.00 0.00
TOTAL BID: $53,016.90 $89,106.90 j $122,045.00
BUDGETARYIMPACT
Funding will be provided by the FY2008 Nelda C. and H.J. Lutcher Stark Foundation Grant Program.
There is no match requirement to the city.
RESOLUTION NO.
WHEREAS, bids were solicited for the purchase of pet crates for use during
emergency evacuations; and,
WHEREAS, Artvard Pet Products of Van Nuys, California, submitted a bid in the
amount of $53,016.90; and,
WHEREAS, City Council is of the opinion that the bid submitted by Artvard Pet
Products 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 Artvard Pet Products in the amount of $53,016.90 for the
purchase of pet crates for use during emergency evacuations be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
February, 2009.
- Mayor Becky Ames -
G
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police �G
MEETING DATE: February 17, 2009
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute all documents necessary, specifically including a
Grantee Acceptance Notice for funding for Southeast Texas
Auto Theft Task Force.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute all documents necessary for
the acceptance of the supplemental funding for the Southeast Texas Auto Theft Task Force.
BACKGROUND
The City of Beaumont has been the grantee of the Southeast Texas Auto Theft Task Force since
1993. The Task Force is presently operating on $987,016 total budget. Of that amount $494,650
is funded by the Texas Automobile Theft Prevention Authority and participating agencies are also
providing $195,587 in cash match and $296,779 in"in-kind"match.
As a result of Title 43, Chapter 57 of the Texas Administrative Code, the Texas Automobile
Burglary and Theft Prevention Authority (ABTPA) solicited applications for supplemental grants
to be awarded for projects under the ABTPA Fund. The grant cycle for the supplement funds will
be seven months in duration, and will begin February 1, 2009 and end August 31, 2009. The
solicitations were made to all current ABPTA grantees.
BUDGETARY IMPACT
The ABPTA supplemental award to the Southeast Texas Auto Theft Task Force for FY2009 is
intended to impact Detection/Apprehension Projects and Public Awareness and Crime
Prevention/Education/Information Projects. The supplemental award is in the amount of$53,269.00
and will provide for the purchase of replacement equipment, detection technology, advertising for
public awareness and unforeseen supply increases.
Watch Your Car_
TEXAS AUTO BURGLARY&THEFT PREVENTION AUTHOM
January 30, 2009
Mr. Kyle Hayes
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
Re: GRANT NBR: SA-T01-10040-09 YEAR OF FUNDING: 16
APPLICATION: City of Beaumont
TITLE: Southeast Texas Auto Theft Task Force
AMOUNT: $ 53,269
Dear Mr. Hayes:
I am pleased to inform you that the above referenced grant is approved in the amount indicated.
The grant award must be accepted within 30 days by completing and returning the enclosed
grantee acceptance notice in the pre-addressed envelope provided. A copy of the Automobile
Burglary&Theft Prevention Authority's Grant Administrative Guide is being forwarded under
separate cover to the financial officer designated in your grant application.
I look forward to working with you to ensure the success of your program. Any questions
relating to the administration of this grant should be directed to our office by calling the
Director, Charles Caldwell (512)374-5108.
Sincerely,
Charles Caldwell
Director, ABTPA
Texas Automobile Burglary and Prevention Authority
Statement of Supplemental Grant Award
Grant Number: SA-T01-10040-09
Grantee Name: Beaumont, City of
Project Title: Southeast Texas Auto Theft Task Force
Grant Period: 09/01/2008 - 08/31/2009
ABTPA Award: $53,269
Grantee Cash Match: $0
Grantee In-Kind Match: $0
Total Project Cost: $53,269
The Texas Automobile Burglary and Theft Prevention Authority (ABTPA) has awarded the
above-referenced grant. The approved budget is reflected in the attached Approved Budget
Summary. This grant is subject to and conditioned upon acceptance of the ABTPA Grant
Administrative Guide promulgated for this specific program fund (referenced above) through
the Automobile Burglary and Theft Prevention Authority a listing of applicable special
conditions are listed below. Total project costs must be accounted for in accordance with the
Uniform Grant and Contract Management Standards and the Administrative Guide.
GRANTEE REQUEST FOR FUNDS
All Grantee request for funds shall be submitted to ABTPA in accordance with the instructions
provided by ABTPA and shall be in the form required by ABTPA. Requests for funds will not be
honored until all special conditions outlined on the Statement of Grant Award and action
required on the part of the grantee have been satisfied.
GRANT ADJUSTMENTS
Grantee shall submit written requests for grant adjustments, as required by the applicable
ABTPA Rule contained in the Grant Administrative Guide for this specific program fund.
Special Conditions and Requirements:
January 28, 2009 OLA460
AWARD DATE CHARLES CALDWELL
Automobile Burglary and Theft Prevention Authority
4000 Jackson Avenue, Austin, Texas 78731 512/374-5101
Texas Automobile Theft
Prevention Authority
Grant Adjustment Notice
Grant Number: 10040-09 Adjustment Number: 2 Date: 01/29/2009
Grantee Name: City of Beaumont
Project Title: Southeast Texas Auto Theft Task Force
Region: 1500
Grant Period: 09/01/2008 to 08/31/2009
Funding Source: Auto Burglary&Theft Prevention Authority
Approved Supplemental Award Budget
D. Equipment
Vehicle-Full Size Ext.Cab Truck $15,227; Digital Copier$3,703; Mobile License Plate Reader$25,000; Semi-
Rugged Tough Book$2,155; Vintrack Mobile w/Scanner$1,545; (8)APC Computer Backups $624
E. Supplies
Office Lease $595; Public Awareness Advertising $4,420
By: -CIUS1,160 14 "400&�
Director
Approved Adjusted Budget Summary
ATPA Cash Match In Kind TOTAL
A. Personnel: $439,376 $146,759 $270,547 $856,682
B. Contractual: $0
C. Travel: $7,000 $500 $7,500
D. Equipment: $48,254 $48,254
E. Supplies: $53,289 $48,328 $26,232 $127,849
F. Indirect: $0
Total: $547,919 $195,587 $296,779 $1,040,285
-Law Enforcement, Detection and Apprehension
Page No. 1
TEXAS AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
GRANTEE ACCEPTANCE NOTICE
AGREEMENT:
That whereas City of Beaumont ,
hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Burglary and
Theft Prevention Authority, State of Texas, entitled Southeast Texas Auto Theft Task Force ,
and further identified by grant number SA-TO1-10040-09 Supplemental ; and
Whereas, the Automobile Burglary and Theft Prevention Authority has approved the grant application as
evidenced by the Statement of Grant Award from the Automobile Burglary and Theft Prevention Authority dated
01/28/09 certain special requirements; and
Whereas, the Grantee desires to accept the grant award, the Uniformed Grant and Contract Management
Standards, and special requirements as evidenced by the Statement of Grant Award;
Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniformed Grant and
Contract Management Standards and special requirements in the grant application and the Statement of Grant
Award as evidenced by the agreement, executed by the project director, the financial officer, and the official
authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of
the governing body of this grantee; and
Now, therefore, the Grantee shall designate either the project director or the financial officer to
coordinate and be solely responsible for submission of adjustments pertaining to both program and
financial elements of the application,and the POSITION authorized to submit adjustments
is
NON-LOBBYING CERTIFICATION:
We,the undersigned, certify that none of the grant funds, regardless of their source or character,
including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election
or the passage or defeat of any legislative measure.
A finding that a grantee has violated the certification shall result in the immediate termination of funding of the
project and the grantee shall not be eligible for future funding from the Automobile Burglary and Theft Prevention
Authority.
Certified By- Date:
Signature of Project Director l Signature of Financial Officer
PiCAM--\ orni*Qi
Name&Title(must print or type) Name &Title(must print or type)
�- Cg o 1 lam.
Official Agency Address(street or post office box) Official Agency Address(street or post office box)
City/Zip Code/Telephone Number Fqa-{j- �( City/Zip Code/Telephone Number
Signature of Authorized Official
Name& Title(must print or type)
Official Agency Address(street or post office box)
City/Zip Code/Telephone Number
Watch Your Car_
UW AM ilOOOIARCIE OT PRE11B[iION ilUt INff
4000 Jackson Avenue
Austin,Texas 78731
Telephone: (512)374-5101 Facsimile: (512)374-5110
MEMORANDUM
TO: Project Directors
Automobile Burglary &Theft Prevention Authority (ABTPA) Grants
FROM: Charles Caldwell, Director
Automobile Burglary &Theft Prevention Authority
SUBJECT: ABTPA Supplemental Grant Award Documents
The enclosed packet contains important documents concerning a supplemental grant
awarded to your agency by ABTPA. In a separate letter, the authorized official
designated in your grant application has been informed of the award.
Also for your information, please be advised that, under separate cover, the designated
financial officer has been sent a copy of the documents enclosed in this letter and
reference documents, if applicable.
The documents provided should be read carefully and kept in your permanent records.
The documents included are listed below:
1. Original Supplemental Grant Award Letter.
2. Original Statement of Supplemental Grant Award which lists the Special
Conditions which need to be met prior to release of funds.
3. Original Acceptance Notice.
4. Original Supplemental Budget Digest.
The Statement of Grant Award contains a copy of the Approved Budget Summary,which
reflects the final grant budget. This approved budget may or may not be exactly the
same as the budget contained in the grant application originally submitted to ABTPA.
Because of this, you should compare this document with the application to familiarize
yourself with any changes that may have occurred.
If I can be of assistance, please call 5121374-5108.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a Grantee Acceptance Notice and
all other documents necessary for supplemental funding for the Southeast Texas Auto
Theft Task Force through the Texas Automobile Burglary and Theft Prevention Authority.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
February, 2009.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: February 17, 2009
REQUESTED ACTION: Consider authorizing the City Manager to execute a License
Agreement in order for the Southeast Texas Auto Theft Task
Force to maintain a kiosk at Parkdale Mall.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of seven
personnel from the Beaumont Police Department, and one each from Jefferson County Sheriff's
Office, Port Arthur Police Department and the Hardin County Sheriff's office. Since the inception
of the Task Force,motor vehicle thefts have decreased in Beaumont by 73%from 1,721 in 1992 to
458 in 2007. The Task Force currently covers Jefferson, Orange,Hardin, and Jasper Counties. The
Task Force focuses efforts in two areas: investigations, which target vehicle burglaries and vehicle
thefts, and public awareness, which uses media campaigns, training and public presentations to
promote prevention techniques and awareness.
As a public service,Parkdale Mall seeks to provide the Southeast Texas Auto Theft Task Force with
a kiosk to set up a permanent auto theft/auto burglary display. Parkdale Mall is visited by an
estimated 10,000 persons a day and the display will be used to promote auto theft/auto burglary
awareness and prevention through the use of printed materials and display items.
BUDGETARYIMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a License Agreement and all other
documents necessary for the Southeast Texas Auto Theft Task Force to maintain a kiosk
at Parkdale Mall. 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 17th day of
February, 2009.
- Mayor Becky Ames -
TICENSF,AGREEMENT
RMU
Revised: 10/2/2008
Project ID# 100-451
Lease ID#:
Deal Type:.RIMU
Unit: Tomb
Agreement Type: New
THIS LICENSE is made this_day of 200_,by and between PARKDALE MALL.LLC.by CBL
&Associates Management.Inc..its managing=nt,("Licensor' and Southeast Texas Auto Theft Task
Force.a(n)Government Entity incorporated in the state of Texas having offices at 2430 W.Cardinal
Drive Suite C_Beaumont. TX 77705 Attn: Authorized Sig aty tory Phone: 409-673-5447:Fax:
("Licensee").
It is understood and agreed that this Agreement is,and is intended to be a License,granting the
Licensee permission to engage in certain acts upon the Licensor's premises,subject to the terms,
conditions and limitations set forth herein. Licensor does not grant licensee any permanent interest in
Licensor's premises,land,building or other realty whatsoever,nor shall any other relationship between the
parties,including,but not limited to that of landlord and tenant be implied or created by virtue of this
Agreement. The License granted by this Agreement may not be sold,assigned,transferred,mortgaged,
pledged or transferred by Licensee.
In consideration of the agreements set forth herein the parties agree:
I. License Area Licensee's rights,duties and obligations under this Agreement shall be limited
to the specific area containing approximately square feet of floor area,as identified on Exhibit A,
attached hereto and made a part hereof("License Area"), in Parkdale Mall.Beaumont.TX,(The
"Shopping Center")located at 6155 Eastex Freeway,Suite 200,Beaumont,TX 77706-6797(Payment
remittance address: Parkdale Mall,LLC, P.O.Box 74942,Cleveland,OH 44194-4942). Licensee
shall have no right to use any other area of Licensor's premises,other than common areas open to the
general public.
2 Duration: Licensee's rights under this Agreement shall commence on the earlier of:(a)
11/21/2008 or(b)the day Licensee opens(the"Commencement Date',and shall end one
(the"Expiration Date'),unless the License referenced in this Agreement is revoked earlier by Licensor.
Licensor shall not be liable to Licensee in damages or otherwise for any delay in the Commencement
Date,regardless of cause.
3. Us& The License Area shall be occupied and used by the Licensee as approved by mall
management solely for the purpose of Static Display of public informative material regarding Auto
Theft and for no other purpose whatsoever.
4. D/B/A: Licensee shall occupy and use the license Area under the trade name of
Southeast Texas Auto Theft Task Force which shall not be changed without Licensor's prior written
consent.
5. Fees: Licensee shall pay Licensor,without notice,demand or setoff,at the property
office or such other location as Licensor may specify,by certified check or money order,on or before the
start date,and the first day of each month,thereafter:
unit Start Date End Date F= Total Fee
(i)Minimum Fee(s): T-46 11/21/2008 `�JtJ $0.00 $0.00
1��
6. Damage Deposit: Licensee deposits herewith the sum of,due upon Licensee execution
unless otherwise noted. (Waived),as a damage deposit which shall be applied towards fees and other
charges due under this Agreement and as a surety for the performance by Licensee of the terms of this
License under which licensee may be in default or for any sum which Licensor may expend by reason of
Licensee's default in respect of any of the terms of this License including any damages which may result to
the License Area. Within thirty(30)days after the expiration of the term of this License there shall be an
accounting with payment to Licensor or reimbursement to Licensee,as the case may be,of the aforesaid
sum. In the event this License is terminated,the damage deposit will be returned to licensee after
deducting any sums due Licensor.
If Licensee shall fail to make any payment to Licensor when due,Licensee shall pay Licensor a
late charge of$100.00 per day for so long as the failure continues.
7.
1
EXHIBIT "A"
Rain wty vat!of 9 e iieense Aves w d 9 e el sips f"i al'sei viees o�my sort selel si petfertived it,m at
8. Relocation: Licensor reserves the right to move,relocate,adjust or substitute the License
Area,in Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as
to be least disruptive to Licensee's business operations.
9. Revocation: The License granted by virtue of this Agreement may be revoked by Licensor,in
Licensor's sole discretion for any reason,including,but not limited to the Specific Grounds for Revocation
as set forth in Paragraph 13 hereof,upon not less than twenty-four(24)hours notice to Licensee. Licensee
shall not be entitled to reimbursement or compensation for any purported damages or losses sustained as
the result of any such revocation by Licensor.
10. Insurance
the term of this Agreement, earnmerciftl general hability instimnee ineluding eantraettial liftbility an
Licensee is self-insured.
11. Indemnity:
against all elaints,itetions,liens,demftnds,empenses,Rnd judgritents for logs,damage,or injury tE)praper�Y
or persons resttiting or accurring by reason of the const pmey of the Ueense Area b
12. liabilily of Licensor: Licensor shall not be responsible or liable for,and licensee
hereby expressly waives,all claims against Licensor for injury to persons or damage to Licensee's
property on the License Area,regardless of the cause. Licensee's property in the License Area or the
Shopping Center shall be there at Licensee's sole risk. Licensor,its agents,and employees shall not be
liable for,and Licensee waives,all claims for loss or damage to Licensee's business or damage to person
or property sustained by Licensee or any person claiming by,through or under Licensee resulting from
any accident or occurrence in,on,or about the License Area or any other part of the Shopping Center,
including,without limitation,claims for loss,theft,or damage resulting from(i)equipment or
appurtenances becoming out of repair,(ii)injury done or occasioned by wind or weather,(iii)any defect in
or failure to operate,for whatever reason,any sprinkler,heating,or air-conditioning equipment,electric
wiring or the installation thereof,gas,water,or steam pipes,stairs,porches,railings,or walks;(iv)broken
glass;(v)the backing up of any sewer pipe or downspout;(vi)the bursting,leaking,or running of any tank,
tub,washstand,water closet,waste pipe,drain,or other pipe;(vii)the escape of steam or water;(viii)water,
snow,or ice being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks,
or any other place upon or near the Shopping Center;(ix)the falling of any fixture,plaster,tile,stucco,or
other material;(x)any act,omission,or negligence of other licensees or any other persons or occupants of
the Shopping Center or of adjoining or contiguous buildings,of owners of adjacent or contiguous property,
or the public,or by operations in the construction of any private,public,or quasi-public work;or(xi)any
other cause of any nature. To the maximum extent permitted by law,Licensee agrees to use and occupy
the License Area,and to use such other portions of the Shopping Center as Licensee is herein given the
right to use,at Licensee's own risk.
13. Specific Grounds for Revocation: If,(a)Licensee fails to perform any of the terms,
conditions,or covenants of this License;or(b)in the event there shall be filed by,or against,Licensee in
any court pursuant to any statute,either of the United States or any State,a petition O in bankruptcy,(ii)
alleging insolvency,(iii)reorganization,(iv)appointment of a receiver,(v)any arrangement of the
bankruptcy acts,or a similar type of proceeding,or(c)Licensee fails to pay,when due,any payment
required hereunder;or(d)licensee abandons or vacates the License Area;or(e)in the event of any other
default by licensee;then in any such event Licensee's rights hereunder shall cease and,Licensor may at
its option(1)have the right to immediately revoke and terminate this License,and upon demand Licensee
agrees to immediately surrender possession of the License Area to the Licensor;(2)make demand for
immediate payment of all current and future rent and any other monetary obligations due hereunder;(3)re-
enter the License Area and remove all persons and/or any property therefrom,by any suitable action or
proceeding at law. All rights and remedies of licensor herein or at law and in equity are cumulative. If
Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licensor's rights
hereunder,Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect
2
to any litigation arising out of this License Agreement,licensee hereby expressly waives the right to a trial
by jury and the right to file noncompulsory countersuit or cross claim against Licensor.
14. Obligations Upon Revocation: Upon service of the notice required by above Paragraph 9,
Licensee shall: (a)remove all of Licensee's property,including,but not limited to inventory and trade
fixtures from l icensor's premises within the time period set forth in the notice;(b)upon demand of
Licensor,pay all current and future charges due under this Agreement;(c)reimburse Licensor for all
reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this
Agreement. licensor's rights and remedies under this Agreement are cumulative and Licensor's failure to
assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same.
15. Damage: This License shall be revoked automatically if any portion of the License Area
is damaged by fire or other peril,regardless of the cause. Licensee shall have no recourse against Licensor
as a result of damage due to fire or any other peril.
I& Liability: There shall be no personal liability of Licensor with respect to this License. if
a breach by Licensor occurs,Licensee shall look solely to the equity of Licensor in the Shopping Center
for the satisfaction of Licensee's remedies.
17. Provisions: Licensor is or may be a party to certain documents,as amended from time to
time,with a mortgagee or beneficiary of Licensor,department stores,mall tenants,and others. This
License is subject and subordinate to all the provisions in those documents,as amended from time to time.
18. Terms of Agreement: This license contains all the covenants,promises,agreements,
conditions,and understandings between Licensor and licensee. There are no other,either oral or
written,between them other than those set forth in this license.
19. Obligation upon Expiration: Upon the Expiration Date of this Agreement,Licensee shall
immediately remove all of Licensee's property,including,but not limited to inventory and trade fixtures
from l icensor's premises and otherwise return the License Area to the same condition as it existed at the
Commencement Date hereof. If Licensee shall fail to do so,Licensor shall be entitled to additional fees
equivalent to one hundred twenty-five percent(125%)of the total Minimum Fee specified in Paragraph 5
hereof,assessed in daily increments as one-thirtieth(1/30)of the total monthly amount. Licensee shall
also reimburse Licensor for any court costs and reasonable attorney fees incurred as the result of
Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof.
20. Liability of Licensor: The term"Licensor"means only the owner or mortgagee
in possession for the time being of the building in which the License Area is located or the owner of a
leasehold interest in said building and/or the land thereunder so that in the event of sale of said building
and/or an assignment of this license by licensor,and/or a demise of said building and/or the land,
Licensor shall be and hereby is entirely freed and relieved of all obligations of licensor hereunder and it
shall be deemed without further agreement between the parties and such purchaser(s),assignee(s),or
lessee(s)that the purchaser,assignee,or lessee has assumed and agreed to observe and perform all
obligations of Licensor hereunder.
It is specifically understood and agreed that there shall be no personal liability of Licensor(nor
l icensor's agent,if any)in respect to any of the covenants,conditions,or provisions of this Agreement;in
the event of a breach or default by Licensor of any of its obligations hereunder,Licensee shall look solely
to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies.
In addition hereto,it is specifically understood and agreed that l icensor's rights,privileges,
duties,and obligations may be administered by Licensor's designee,including,but not limited to,
l icensor's agent,and that such designee shall have the full authority of Licensor hereunder to perform all
of l icensor's functions hereunder including,but not limited to,the execution of this License and any
other related documentation.
21. Non-Waiver Provision: The failure of Licensor to insist upon performance of any of the
terms,conditions,and covenants hereof shall not be deemed to be a waiver of any rights or remedies that
Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms,
conditions,and covenants herein contained.
22. Binding Agreement This Agreement may not be modified in any manner other
than by a written agreement signed by Licensee and licensor,or any successor,designee,or assignee of
Licensor. The terms,conditions and covenants set forth herein shall inure to the benefit of and be binding
upon licensee and licensor,or any successor,designee or assignee of Licensor.
23. Design Requirements: All costs and expenses(including permits or licenses)attributable to
the construction of the License Area by Licensee shall be borne by Licensee. Licensee shall not
commence construction of the license Area without first obtaining l.icensor's approval of the location
and design,nor prior to the execution of this license. Design criteria for the construction of the license
Area are:
Licensee shall prepare its plans and perform all work to comply with all applicable governing statutes,
ordinances,regulations,codes,and insurance rating boards,and shall apply for all necessary permits.
Licensor's approval of Licensee's plans shall not relieve Licensee of its obligation to complete the
development in accordance with this License,nor does it relieve Licensee from complying with laws,rules,
regulations,and requirements of local governing authorities. Certificates of occupancy and waivers of lien
3
from Licensee's contractor,all subcontractors and material men shall be filed with Licensor upon
completion of work.
24. Permits: If there are any licenses,authorizations,or permits required by any
governmental agency or authority for the type of activity to be carried on at or for the use of the License
Area,licensee shall be responsible for obtaining such. No unlawful activities shall be permitted in the use
of the license Area. The consumption or sale of alcoholic beverages on or from the License Area shall
not be permitted.
25. Operating Requirements: Licensee shall observe all Operating Rules for the Shopping
Center and licensee's occupancy therein which licensor may promulgate from time to time,including
but not limited to:
a. Licensee shall use and occupy the license Area in a careful,safe,and
proper manner and shall keep the License Area in a clean and safe condition in
accordance with this License,local ordinances,and the directions of public officers.
b. The outside areas immediately adjoining the License Area shall be kept
clear at all times by Licensee,and Licensee shall not place nor permit any
obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas.
C. All loading and unloading of goods shall be done only at such times,in the
areas,and through the entrances designated for that purpose by Licensor.
d. All garbage and refuse shall be kept in the kind of container specified by
Licensor,and shall be placed and prepared for collection in the manner and at the
times and places specified by Licensor. If Licensor shall provide or designate a
service for picking up refuse and garbage,Licensee shall use same at Licensee's
cost. Licensee shall pay the cost of removal of any of Licensee's refuse and
garbage,and maintain all common loading areas in a clean manner satisfactory to
the Licensor. Licensee shall use any trash compactor Licensor provides for the
general use of Licensee or licensees in a designated area of the Shopping Center.
Notwithstanding the foregoing provision,if Licensee qualifies as a generator of
medical waste,then Licensee shall be solely responsible for causing compliance
with all federal,state and local laws,whether existing now or established in the
future,relating in any way to the storage,containment,treatment,transfer,
transportation and disposal of medical waste(including the use of licensed medical
waste management companies),and shall hold Licensor harmless for licensee's
noncompliance or violations thereof. For purposes hereof,"medical waste"means
any solid,semisolid or liquid waste,which is generated in the diagnosis,treatment
(e.g.,provisions of medical services)or immunization of human beings or animals,
in research pertaining thereto,or in the production or testing of biologicals.
"Generator"means any person or entity whose act or process produces medical
waste as hereinbefore defined.
e. No loudspeakers,televisions,phonographs,cd players,DVD players,
cassette players,radios,flashing lights,or other devices shall be used in a manner so
as to be heard or seen outside of the License Area. No electronic or
communication devices shall be used in the License Area or in connection
therewith which interrupt or interfere with the use and enjoyment of electronic or
communication devices of other occupants of the Shopping Center or of the
neighborhood in which the Shopping Center is located.
f Licensee shall not carry on any trade or occupation or operate any
instrument or equipment,which emits an odor or causes a noise discernible outside
of the License Area.
g. Licensee shall not permit loitering at the License Area.
h. Licensee shall furnish Licensor with emergency telephone numbers and a
forwarding address.
i. Licensee shall be solely responsible for policing its location against theft,
loss,or damage. Under no circumstance shall Licensor be held liable for such
theft,loss,or damage.
26. Removal: Licensee shall at the Expiration Date or earlier revocation of this License
remove its goods and effects,repair any damage caused by such removal,and peaceably yield up the
License Area clean and in good order,repair,and condition. Personal property of Licensee not removed
within two(2)days of such Expiration Dare or earlier revocation shall become the property of Licensor,at
Licensor's option without liability to Licensee therefore.
27. Conduct and Alterations: Licensee shall not harm the License Area,commit waste,
create nuisance,make any use of the License Area which is offensive in Licensor's sole opinion,nor do
any act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or
additions to the License Area,nor permit the making of holes in the walls,partitions,ceilings,or floors,
nor permit the painting or placing of exterior signs,placards,or other adverti sing media,banners,pennants,
4
awnings,aerials,antennas,or the like in or on the License Area,without the prior written consent of
Licensor which may be withheld in l icensor's sole discretion. Licensee shall comply with all laws,
ordinances,orders,and regulations affecting the use or occupancy of the License Area.Licensee shall not
violate applicable federal and state laws prohibiting the sale or display of products,which infringe on the
trademarks or copyrights of others.
28. Condition of license Area Licensee has inspected the License Area,and
accepts it"as is"with no representation or warranty by licensor regarding the condition of the license
Area or its suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the
License Area unless the obligation is set forth in this License.
29. Hazardous Material: Licensee shall not cause or permit any hazardous material to
be brought upon,stored,kept,used,or discharged on or about the License Area.
30. Access to license Are a: Licensor may enter the License Area at any time.
31. Condition of license Area: Licensee shall maintain,at its sole cost and
expense,the license Area in good condition and make all necessary replacements and repairs to the
license Area except for structural repairs. In addition to all other remedies of licensor,if Licensee does
not complete its obligations to repair and maintain the license Area,or if Licensor,in the exercise of its
sole discretion,determines that emergency repairs are necessary,or repairs or replacement of any portion of
the license Area or the Shopping Center are made necessary by any act,omission,or negligence of
Licensee or its agents,employees,contractors,or assignees,then in any such event,Licensor may make
such repairs,maintenance,or replacements without liability to Licensee for any loss or damage that may
accrue to Licensee,its merchandise,fixtures,or other property,or to licensee's business by reason of
such repair,maintenance,or replacement. Upon completion of any such repair,maintenance,or
replacement Licensee shall pay upon demand,as additional fees,licensor's costs for making such repairs,
maintenance,or replacements together with l icensor's administrative costs related thereto which amount
shall equal 1.5 times the total cost of the repair,maintenance,or replacement. Furthermore,Licensee shall
immediately notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent
to the License Area.
32. QM��- Lieengee mtd its neim and employees shall keep and hold in strie
eonfidenee A ofthe terms of this 6eense Agreement irkel"ding but rtat limited to!the amett"t ft"41ftr
the r ieense Area;the duration of the 1:_.._s.. and A ather term_and,.__J.t.___L___.n
33. Nonprohibited Transaction Representation: Licensee hereby represents and warrants
to Licensor that Licensee is not,and shall not become,a person or entity with whom Licensor is restricted
from doing business with under regulations of the Office of Foreign Asset Control("OFAC")of the
Department of the Treasury(including,but not limited to,those named on OFAC's Specially Designated
and Blocked Persons fist)or under any statute,executive order(including,but not limited to,the September
24,2001,Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit,
Threaten to Commit,or Support Terrorism),or other governmental action and is not and shall not engage
in any dealings or transaction or be otherwise associated with such persons or entities.
IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first
above written,each acknowledging receipt of an executed copy hereof.
LICENSOR:
PARKDALE MALL.LLC by CBL&
Associates Ma-agpment_Inc..its ma-naeiing
aunt
By:
Print Name:Kurt Lundgreen
Its:Authorized Signatog
Date:
LICENSEE:
Southeast Texas Auto Theft Task Force
FIN: 74-W000278
By:
Print Name:Authorized Signatory
Date:
5
E
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: February 17, 2009
REQUESTED ACTION: Council consider a resolution accepting payment of$2,000
and authorizing the release of a paving lien against property
described as Cadillac& Sarah Lot 11 &Block 2 Pear
Orchard, Beaumont, Texas.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The property described above has one paving lien dated back to 1978 totaling $6,276.76 which
represents $1,555.13 in principal and $4,721.63 in interest. Irven Chavis has come forward and
would like to offer payment of$2,000 to clear the outstanding paving lien on the property.
BUDGETARY IMPACT
None.
Paving Lien - Cadillac & Sarah
Lot 11 & 12 Blk 2 Pear Orchard Est.
Assessment Interest Total
Date of lien 04/03/1978 1,555.13 4,721.63 6,276.76
Today 01/15/2009
# of days 11,082
4 j CWDMN M No.2L J1L7 10�6�7
PrrrlTi,Ba AN a l Dh'1ffi III�G ME NSCSSSM OF
AM Ofew m 2W CADMMI C,:FLWD:W AND`P(PTJDCM
o�zs� semis, Pt>e c s 3M M.MY OF
'.
Bar,Tts s ::�.nom: ADfBTII1G.AND
ABPItWM PLAflS-lm: CIIrICATlON$FOR SUCH M4-
i LLQi"INIa APPAAi1'P PFaWdY MM ABUI%-
i. TINE(IN S tD FORM CF S117D TS1'PIY7iFIDIl�G
R>BIT A,PM OF.TM.COGr SN"BE PAa/ell TO CM
Atm A PAIQ Tom.9IALL ffi P'AID PAi A TPS
AIGRUM TIM ABUlT M PIMR M TW OMM - 3
MIMI F13 W AND MORO=WT XOM=6
FOR SAID OQWHUCFfQI li]M W i®MM III'T5$ OCN- �
TW=Pm=IlDlac PPDam FOR 2W PAMM m
t i CAN W=CnY Pll'IM-TIM..PA1Q+ M BY PAVING
CBIa'IIMMI Promm +1G FOR CII7t FIItIlN1CINxs(a
f PA%M=' MOM nff=ON SAID MMM PW-
VMW ME U&Vr=ASSCONEW 11OMW XW R'1r1G
PrOPERN; PIt1Vn= MT ALL AIDT m IsfE1= Mf i
TM MY UNWR WS PIDMM SMM BE PAID I=MM
PUM OR MW n34 MM'IBS APPIWKNUM POR TRB
4 T9M AND OQDITlS OF PAM4W ADD 0lO:AIA.TS OF
SAID Ali DIiOCTR1G TBB MY aRW TO AD-
�` ; VBia'IStt FOR BIDE FQt'fills PFW=l INVO UX EM
PIS OF AtC1Y= 1105b Cr UR Its MM CIM
SWUM OF M BUM OF TMW; AND HOMING FOR !
Be IT OPME iBD BY TSt CITY OF DIMMn
Section 1.
` The City Q mhcil of the City of Bema mt, Texas, hereby
determines the public necessity for and orders the permanent improve-
menu of Cadillac. FlaMingo aM portions of Rena and Sarah in the City
of ammo uht, Taxes, by the construction thereon of a street in confbr-
manoe with stCest amatruction standards of the City of eeaumnt, Texas,
all as provided by the plans, specificatimns and oust estimates heherinr-
after zaierr to and mqu n v a
The City Oou nail here and now approves and adopts the plans,
apeaifioetiais and cost sstmabes foo: earth iaprowm ent s heretofore
prepared and "witted to it by the Public filorlw Department.
Section 2. j
The following listed pennons are the apparent owners
abutting an the portion of said street o0ned Imizoved in Section 1
of this or+dinanoe:
,
FINAL
TOTAL OWI R!$ COST
LESS PREPAID BY PROPERTY ONPER'S @ $B:OO RATE $ -- —
TOTAL ASSCESSMMT $
TOTAL ESTIMATED CITY'S COST $
TOTAL ESTIMATED COST OF UVROMEMNRS s
-10-
1 Section 3.
A part of the cost of such isQroaemehts shall be paid i
by the City of Besu eont and a part I shall be paid by an.,
meat against the property abutting q= the portion of said stra t
hereby In to be Improved, and the owners of such property as
follaevs, to wits
W Son reel and tsve amers of property abutting upon
said street to be lop ovad mW propey for their paving without
assse�erht by peying the sue of $0.00 for each ft,nht foot of properly
abutting upon said sI as so long as said payment is made within
fifteen (15) daps of the date of the aso r+d of contract to the sac•-
_ i
j
aassful bidder as above pcvvided, said a cars shall. be assessed for
j and pay the an of $10.00 far each froe►t foot of property abutting
i! upon said street providedi however, that in no event shall the oost
1 of said *wove ants to be paid by the abutting properly and the Taal
and tsys cwnrrs tharaof eaaoead the total cost of curbs and sidewalks
and nine-tarlew (9/10) of the estimated cost of such improvements
eooc?anida os ca>sbs and sidewalks as so ssti=Wby the City's Public
liiorkt Dix+ectnr. , ;
(H) The City of Bea+aoout shell pay all of the remainder of
cost of said IRZOveaente.
8eati�o��_
Ck, the basis of aTexi,enos and infonratian p¢vvided by
9 Al fisd City mVlvyess, the City i0o rmn ham► finds and deteaninas
that in all reasonable prdAbility Lwwk bids for the contraction of
-AL i
and payable within thirty (30) days.after ompletion of Said bWove-
I
'nents.and the aooeptmm thereof by the City Of Beaumont, and another
equal installment payable annually thereof over the next four (4) yam
with intmest at six pemant M) per am=, frion►and after the date
1
of acceptance. Said property amers shall have the privilege of paying
! any one or more of said installments before they mature by payment of
principal and interest therem, and such certificates as may be issued
to evidence such assessment shall provide that in the evert of default
in pwjIM any inetellment thereupon when due, whetter: of principal or
ihtmestr the whole of such certificate may be matured and declared �
i
due at the option of the holder thereof.
l (b) !fie said mamts payable by the property otatera may be
Paid one-fifth p/5) of the total amount in cash within thirty (30)
I i days of the acceptance of the iAWavements by the City Qotmcil and the Z
balm=, with interest at Six percent NO per anm m from and after the
date of aeoe*um in mtonthly installments, not to exceed forty-etght
_ 1
(48). A mbdimtm monthly payment of Ten and No/100 (S10.00) Dollars,
i
including interest far each fifty feet (50') of property frontage is
peaatdsaible.
Section 6.
IThis a diwrm and all proceedings hereunder are done
Pwmant to the power given by Article 1105b htavised Civil Statutes
Of Taxes, 1925, and having been adgMnd by the Cay of Beatmatt at i
Article XIV, Section 2 of the Carter of the City of Beaumont, Texas.
1 I
i
Section 7. i
!hs City Clerk is hereby directed to file a "Noties of Intent g {
to 11ss memo with the Cotm*y CLrk of Jeffsrem aotutty, Texas, pnratant i
� a
to the ptrovisienr Of Article 1320-a Of the Aavisad Civil Statutem of
Texas. Mm City CIO* is feather directed to aduertim for bids for
such wank and intamment in aeooedwes with the plans and spWifications
adopted and apptvwSd, Such bide stall be received on the
21xt'day of April, 7978.
}
_13
1
1
That if air owtim, subsection, amtume, clause or
Phse of this or'diterAm or the applivatim of same to a parties
IW
set of Permw cw ci=mstanms nh=W !ar anY reason be held to be .:
jinvaIM, such invalidity sha11 in w wise affect the remaining portiols
j of this coU m=r and to such sad the various pardons and Provisions
of this amUlianoe are declared to be severable,
P119=BY TP CITY of the City of Benmgnt this 3
the
r of 1978.
I
TIM SUTa or Tw" I
cotmy or Jarrmw()m I
1 EesOaa MR, the Undersigned authority, on this day personally
j ! APPeared lien Ritter, Ma
t yor of the City of Beaumont, Jef
ms ferson County,
s. known to re tb be the person whose Wars is subscribed to the
far"oinq instrum"t and acknowledged to as that he executed the same
i
for the Purpose and ooneideration therein expressed and in the capacity '
therein stated.
G Unn!IY Nl<1Q1
{ AND sE>1L Or OICe• this then
l day —--
• LD.• 19_1_. :..... .�
` �n as �A�,a'.q r��' •
j son (bunt#,— :
Je!!er `
�y�
Rath A. Bassett."•'
F
-14- r
Flu IOA RECOAD
ti
10056W
A row"
Oac J 9 39.4N'19
ASSESSMENT PAVING ROLL
PETITION NO. ,c_I a yc_z
L ® PRELiMIK RY 208. W. o
❑ FINAL SFEET N0. 1 OF 8
1
j STREET/S Cadillac, Flamingo and portions of Rena and Sarah
,
WVVIT
J PROPERTY ORR ER'S COST Vs.-00/$10.00 PER FRONT FOOT
i
PROPERTY MSSMD MAILING LOT BLK: 00 PROPERTY OUR 9 COST PROPERTY
8.00/FT. S10.00/FT. LOCATION
I
(Affiliates, Inc,) N. 25' 2 3 62.S $00.00 625.00 Cadillac
P. 0. box 2688 S. 37 112
Rbv. Millis T. Hankins 3 -
j
Arceneaux, Joseph. . 9 2 SO 400.00 SOO.00 Cadillac.
i 42S0 Cadillac
1 Bridges, F. 32 5 44.225 354.00 442.SO Flamingo
4115 Flamingo
Broussard, Edward- 23 4 24 * 3 101 1356.00 2360:90 Flamingo
4410 Flamingo 125 Rena
226
Broussard, Frank 6 S - 50 -400.00 500.00 Flamingo
4493 Flamingo
Brydson, Collins 2 1 SO 400.00 S00.00 Cadillac
j
4490 Cadillac
Byrd, Martilla 12 N.1/2 3 76.. 1206.00' 1507.S0' Cadillac
1111 4405 Cadillac 11 12S. Rena
1,
Carter, Homer 17 3 SO 400.00 S00.00 Flamingo
4468 Flamingo
Carter, Millie J. 1 1 SO 400.00 500.00 Cadillac
j
Chambers, L. C. 21 3 50 400.00 S00.00 Flamingo
4430 Flamingo
Charles, Marshall 26 S 45.62 364.96 456.26 Flamingo
4175 Flamingo
Chavis, I. C. 11 4 12"• 2 93.12 1244.10 15SS.13 Cadillac
810 DsVilleneueve 114.23 Sarah
2
x D&IDTES CORNER LOT, DISCMIT RATE INCLUDEn IN ASSESSMENT RATE FOP. SIC► LOTS.
♦ / \ i•..�.. • w•w......r�.w ���....� ....��. •.. •..�.... n.• w.+.. ...� w.-.�.N.Ir TAV flNl l 1
, , f
RESOLUTION NO.
WHEREAS, a paving lien dating back to 1978 in the amount of $4,721.63 exists
against property described as Cadillac & Sarah, Lot 11 & Block 2, Pear Orchard,
Beaumont, Texas; and
WHEREAS, Irven Chavis, owner of the subject property, has offered payment of
$2,000.00 for release of the paving lien;
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 accept the offer of$2,000.00
in settlement of the paving lien charges on the above-described property. The City
Manager is hereby authorized to execute all documents necessary to evidence the release
of the paving lien.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
February, 2009.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEA,UMON* City Council Agenda Item
T • E • % • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Claudie D. Hawkins, Event Facilities&Libraries Director
MEETING DATE: February 17, 2009
REQUESTED ACTION: Council consider authorizing the City Manager to execute an
agreement with Ticketmaster L. L. C. to provide for a computerized
box office ticketing and distribution system.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a three(3)year agreement,with
options to renew, with Ticketmaster L. L. C.
BACKGROUND
Ticket services are needed to provide computerized sales and distribution for approximately fifty(50)
events per year with annual gross sales in excess of$700,000.00. The City has been operating under
the original contract signed with Ticketmaster Inc. on May 1, 2001. The purpose of negotiating a
new contract with Ticketmaster L. L. C. is to reduce the amount of inside charges to the City and
eliminate the annual equipment rental fee of $4,500.00. This agreement will allow the City to
continue the service of providing ticket sales not only for events held in City facilities, but also some
events outside our area.
BUDGETARY IMPACT
Box office revenues are estimated at$12,000 per year.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a three (3) year agreement, with
options to renew, with Ticketmaster, L.L.C., providing for a computerized box office
ticketing and distribution system.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
February, 2009.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
1
T * E * X * A * S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 17, 2009 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public.Comment: Persons may speak on scheduled agenda item 1/Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a moratorium on the issuance of permits for the drilling of oil
and gas wells within the city limits of Beaumont for a period of sixty(60) days
COMMENTS
* Councilmembers/City Manager comment on various matters
* 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:
Tina Lewallen vs. the City of Beaumont
City of Beaumont v. Texas Workforce Commission and Keith D. Breiner
City of Beaumont v. Texas Attorney General, et al
In the Matter of Arbitration between the City of Beaumont
and Keith D. Breiner
In re: Lyondell Chemical Company, et al, Chapter 11 Case No. 09-10023
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
February 17,2009
Consider approving a moratorium on the issuance of permits for the drilling of oil and gas wells
within the city limits of Beaumont for a period of sixty(60) days
RICA WITH OPPORTUNITY
r
T • E • $ • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Csa
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: February 17,2009
REQUESTED ACTION: Council consider a moratorium on the issuance of permits
for the drilling of oil and gas wells within the city limits of
Beaumont for a period of sixty(60)days.
RECOMMENDATION
Administration recommends approval of a moratorium on the issuance of permits for the drilling
of oil and gas wells for sixty(60)days.
BACKGROUND
Administration is asking for this moratorium to give staff time to review the current ordinances
that pertain to the drilling of oil and gas wells within the city limits -,f Beaumont.
Recent.:-;the City has been approached by concerned residents*about possible drilling near their
homes.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, residents of the City of Beaumont have expressed concern regarding
drilling near their homes; and
WHEREAS, the City of Beaumont wishes to review its Ordinances to determine
whether regulations for drilling of oil and gas wells within the City of Beaumont sufficiently
protect the health, safety and welfare of its citizens;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT a sixty (60) day moratorium be and it is hereby placed on the issuance of permits
for the drilling of oil and gas wells within the city limits of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
February, 2009.
- Mayor Becky Ames -