HomeMy WebLinkAboutPACKET MAR 24 2009 RICH WITH OPPORTUNITY
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T • E • % • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 24, 2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Christopher Plaunty would be appointed to the Board of Adjustment(Zoning) as an alternate.
The term would commence March 24, 2009 and expire March 23, 2011. (Mayor Becky Ames)
Christy Amuny would be appointed to the Board of Adjustment(Zoning) as an alternate. The
term would commence March 24, 2009 and expire March 23, 2011. (Mayor Becky Ames)
Bessie Chisum would be reappointed to the Community Development Advisory Committee. The
current term would expire December 11, 2010. (Councilmember Alan B. Coleman)
A) Approve a contract for the purchase of lubricants for various City departments
B) Approve a contract for the purchase of wastewater treatment polymer
C) Authorize the City Manager to join with Jefferson County in approving the First
Amendment to Frequency Reconfiguration Agreement for the 800 MHz Reconfiguration
D) Authorize the City Manager to execute a Lease Agreement with David Derharoutian,
Landlord, for use of property located at 8155 Phelan Blvd. for the EMS Med. No. 4
building
E) Consider authorizing the City Manager to sign a contract with the South East Texas
Regional Planning Commission(SETRPC)entitled"Interlocal Contract Relating to the
Planning, Development, Operation and Provision of 9-1-1 Service and the Use of 9-1-1
Funds"
A
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: March 24, 2009
REQUESTED ACTION: Council consider the award of a contract for the purchase of
lubricants.
RECOMMENDATION
The Administration recommends the award of a contract to Matrix Lubricants of Houston, Texas
in the estimated amount of$64,406.
BACKGROUND
Bids were solicited for a six(6) month contract to supply lubricants for various City departments.
The contract specifies that the awarded bidder shall provide approximately 11,700 gallons of
various lubricants at fixed costs for use by various City departments in maintaining vehicles and
equipment.
Nine(9)vendors were notified with two (2) submitting bids. The products bid by Matrix
Lubricants have been reviewed by Fleet Personnel and meet specifications set forth in the bid.
Specifications allow for a six(6) month contract extension upon the expiration of the initial six(6)
month term at the same pricing as that awarded herein. Cost of the previous six (6) month
contract was $66,778.
BUDGETARY IMPACT
Funds are available for this expenditure in the user Department's operating budget.
L
BID TABULATION: SIX(6) MONTH CONTRACT FOR LUBRICANTS
BID OPENING DATE: THURSDAY, FEBRUARY 19,2009 @ 2:00 PM
BID NUMBER: PF0109-19
VENDOR: I MATRIX LUBRICANTS LLC TRI-CON, INC.
CITY STATE: I HOUSTON, TX BEAUMONT, TX
Est. Qty. Description Unit Total Unit Total
5,000 15W-40, engine oil (bulk) 1 $6.391 $31,950.001 $7.031 $35,150.00
1,000 15W-40, engine oil (55 gal drums) $6.59 $6,590.00 $7.91 $7,910.00
500 SAE 40 engine oil (55 gal drums) $6.75 $3,375.00 $4.87 $2,435.00
1,300 Dexron III (qt) $1.58 $2,054.00 $2.13 $2,769.00
600 Dexron III (bulk) $5.05 $3,030.00 $6.08 $3,648.00
100 Dexron III (55 gal drums) $5.15 $515.00 $6.71 $671.00
100 Mercon 5 (qt) $2.72 $272.00 $4.94 $494.00
2,500 Multi-purpose trans./hydraulic oil (bulk) $5.49 $13,725.00 $6.11 $15,275.00
500 Multi-purpose trans/hydraulic oil (drum) $5.79 $2,895.00 $6.74 $3,370.00
Drum Deposit charge $0.00 $0.00
TOTAL BID $64,406.00 $71,722.00
Manufacturer Warren Oil Co. Fina
ne usmess days Tor order placed
Delivery time before 1 PM One 1 day
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
lubricants for various City departments in maintaining vehicles and equipment; and,
WHEREAS, Matrix Lubricants of Houston, Texas, submitted a bid in the unit
amounts shown below for an estimated total expenditure of$64,406:
Est. Qty. Description Unit Total
5,000 15W-40, engine oil (bulk) $6.39 $31,950.00
1,000 15W-40, engine oil 55 gal drums x$6.59 $6,590.00
500 SAE 40 engine oil 55 gal drums $6.75 $3,375.00
1,300 Dexron III t $1.58 $2,054.00
600 Dexron III bulk $5.05 $3,030.00
100 Dexron III 55 gal drums $5.15 $515.00
100 Mercon 5 t $2.72 $272.00
2,500 Multi-purpose trans./hydraulic oil bulk $5.49 $13,725.00
500 Multi-purpose trans/hydraulic oil (drum) $5.79 $2,895.00
Drum Deposit charge $0.00
TOTAL BID $64,406.00
and,
WHEREAS, City Council is of the opinion thatthe bid submitted by Matrix Lubricants
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 Matrix Lubricants of Houston, Texas, for a six (6) month
contract for the purchase of lubricants for various City departments in maintaining vehicles
and equipment in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
March, 2009.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager y ,
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 24, 2009
REQUESTED ACTION: Council consider authorizing the award of a contract for the
purchase of wastewater treatment polymer.
RECOMMENDATION
The Administration recommends the award of a contract to Ashland, Inc., of Greensboro, North
Carolina in the estimated amount of$52,000.
BACKGROUND
Bids were requested for a one(1)year contract for polyacrylamide cationic emulsion liquid
polymer for use by the Water Reclamation Department. The chemical is used in the dewatering of
sewer waste sludge produced by the City's filter plant at Water Reclamation.
Fifteen(15)vendors were notified with three(3)responding with bids as follows:
VENDOR PRODUCT PRICE/LB ESTIMATED
ANNUAL COST AT
50,000 POUNDS
Polydyne Inc Clarilfoc C-6265 $0.95 $47,500
Riceboro, GA
Ashland Inc Praestol K144L $1.04 $52,000
Greensboro,NC
Ciba Corp Zetag 8818 $1.10 $55,000
Suffolk, VA
Contract for wastewater treatment polymer
March 24, 2009
Page 2
Prior to the bid opening, belt press trials were held at the City's Water Reclamation plant to test
each bidders product for specification compliance. Given a feed flow of aerobically digested
biological sludge, the proposed polymers being tested must condition the sludge for dewatering
and must meet certain conditions during a two (2)hour trial. Each proposed product is tested at
least twice. During this test the average pounds of polymer per one dry ton sludge is determined.
This average is then used as a multiplier to determine the best cost for the City. Results are listed
in the following table:
Vendors Average pounds of Cost to treat one ton
polymer per dry ton of sludge
sludge
Quantity Unit Cost Total
Ashland Inc 5.5 $1.04 $5.72
Polydyne Inc 11.4 $0.95 $10.83
Ciba Corp 13.2 $1.10 $14.52
Because Ashland, Inc., can treat more than twice as much per dry ton of sludge at the unit cost of
$1.04, it is the best value to the City.
BUDGETARY IMPACT
Funds are available in the Water Utilities Department's operating budget.
RESOLUTION NO.
WHEREAS, bids were received for a one (1) year contract for the purchase of
wastewater treatment polymer for use by the Water Reclamation Division; and,
WHEREAS, Ashland, Inc., Greensboro, North Carolina, submitted a bid at a unit
cost of $1.04 per pound for an estimated cost of$52,000; and,
WHEREAS, City ouncil is of the opinion that the bid submitted b Ashland, Inc.,
Y p Y
Greensboro, North Carolina, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Ashland, Inc., Greensboro, North Carolina, for a one (1) year
contract for the purchase of wastewater treatment polymer for use by the Water
Reclamation Division at a unit cost of$1.04 per pound for an estimated cost of $52,000
be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
March, 2009.
- Mayor Becky Ames -
C
RICH WITH OPPORTUNITY
BEAUMON*
T • E ,. x • A • S City Council Agenda Item
TO: City Council
K
FROM: le Hayes, City Manager
O .
Y Y � tY g
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: March 24, 2009
REQUESTED ACTION: Council consider authorizing the City Manager to join with
Jefferson County in approving the First Amendment To
Frequency Reconfiguration Agreement for the 800 MHz
Reconfiguration
RECOMMENDATION
The Administration recommends approval of authorizing the City Manager to join with Jefferson
County in approving the changes requested to the Frequency Reconfiguration Agreement.
BACKGROUND
On August 6, 2004,the Federal Communications Commission("FCC")issued a report and order to
reconfigure the frequency allocations in the 800 MHz band("Reconfiguration"),including frequency
allocations on which the City of Beaumont,Jefferson County and Nextel are currently authorized to
operate.
On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration.
Pursuant to the Order,Nextel, The City of Beaumont and Jefferson County entered into a 800 MHz
Frequency Reconfiguration Agreement, defining the Parties' respective obligations regarding the
Reconfiguration,including without limitation Nextel's obligation to pay for reasonable costs incurred
in effecting the Reconfiguration. City Council Resolution No. 08-061 passed on March 4, 2008
authorized the City Manager to execute the Frequency Reconfiguration Agreement.
The Frequency Reconfiguration Agreement provided for the ability to request change orders during
the regarding process. Change order requests for(1)a second touch to the subscriber radios to allow
for removal of the old frequencies; (2) to add loaned equipment to reduce downtime and (3) to
correct an omission of 50 mobile subscriber radios that require retuning were signed by the City
Manager on December 22, 2008, and submitted to the transition administrator. The transition
administrator approved the change requests and forwarded the First Amendment To Frequency
Reconfiguration Agreement for approval.
BUDGETARYIMPACT
None. Nextel is fully funding all necessary expenditures for the reconfiguration of frequency
allocations including outlined expenses incurred by the City of Beaumont.
RESOLUTION NO.
WHEREAS, on March 4, 2008, by Resolution No. 08-061, City Council authorized
the City Manager to execute the necessary documents to join with Jefferson County in
approving the Final Rebanding Agreement for the 800 MHz Reconfiguration; and
WHEREAS, the Agreement provided forthe ability to request change orders during
the rebanding process; and
WHEREAS, change order requests for(1) a second touch to the subscriber radios
to allow for removal of the old frequencies; (2) adding loaned equipment to reduce
downtime, and (3) correcting an omission of 50 mobile subscriber radios that require
retuning were signed by the City Manager on December 22, 2008, and submitted to and
approved by the transition administrator;
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 join with Jefferson County in
approving the First Amendment to the Frequency Reconfiguration Agreement for the 800
MHz Reconfiguration ratifying the previously requested change orders.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
March, 2009.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
r
T • E • X • A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 24, 2009
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
Lease Agreement with David Derharoutian.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a one (1) year Lease
Agreement with David Derharoutian(Landlord) for the use of property located at 8155 Phelan
Blvd., Beaumont, Texas.
BACKGROUND
EMS Med No. 4 has operated at 8155 Phelan Blvd., an 800 square foot facility, since April 2004.
The current lease will expire on March 31, 2009. The Landlord has proposed a new one (1) year
lease with the rental rate remaining at $1,075.20 per month. The new lease would begin on April
1, 2009 and end on March 31, 2010.
All other provisions of the lease will remain the same. All utilities will be paid by the City, and
minor maintenance of the facility, such as the air conditioning filter replacement and grounds
maintenance, will be the responsibility of the City. Ingrid Holmes, Public Health Director,
approves of the terms of the proposed new lease.
A copy of the proposed lease in its substantial form is attached for your review.
BUDGETARY IMPACT
Lease payments at $1,075.20 per month amount to $12,902.40 over the term of the lease. Funds
are budgeted in the EMS Division's operating budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one (1) year Lease
Agreement, substantially in the form attached hereto as Exhibit "A," in the amount of
$1,075.20 per month with David Derharoutian (Landlord) for the use of property located
at 8155 Phelan Blvd., Beaumont, Texas, for EMS Med No. 4.
The new lease would begin April 1, 2009, and end on March 31, 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
March, 2009.
- Mayor Becky Ames -
TEXAS.ASSOCIATION OF REALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT AUTHORIZED.
Wexas Assoaldion of REALTORSk Inc.2006
Table of Contents
No. Paragraph Description Pg. No. Paractraph Description Pg
1: Parties 2 22. Holdover 10
2. Leased Premises 2 23. Landlord's Lien&Security Interest 10
3. Term 2 24. Assignment and Subletting 10
A. Term 25. Relocation 11
B. Delay of Occupancy 26. Subordination 11
4. Rent and Expenses 3 27. Estoppel Certificates 11
A. Base Monthly Rent 28. Casualty Loss 11
B. First FuH Month's Rent 29. Condemnation 12
C. Prorated Rent 30. Attorney's Fees 12
D. Additional Rent 31. Representations 12
E.-. Place of Payment 32. Brokers 12
F. Method of Payment 33. Addenda 13
G. Late Charges 34. Notices 13
H. Returned Checks 35. Special Provisions 13
5. Security Deposit 4 36. Agreement of the Parties 14
6. Taxes 4
7. Utilities 4
8. Insurance 5 ADDENDA&EXHIBITS(checkall that appty)
9. Use and Hours 5
10. Legal Compliance 6 ❑ Exhibit
11. Signs 6 ❑ Exhibit
12. Access By Landlord 7 ❑ Commercial Lease Addendum for Broker's Fee
13. Move-in Condition 7 ❑ Commercial Lease Expense Reimbursement
14. Move-Out Condition 7 Addendum
15. Maintenance and Repairs 7 ❑ Commercial Lease Addendum for Extension
A. Cleaning Option
B. Conditions Caused by a Party ❑ Commercial Lease Addendum for Percentage
C. Repair&Maintenance Responsibility Rent
D. Repair Persons ❑ Commercial Lease Parking Addendum
E. HVAC'Service Contract ❑ Commercial Landlord's Rules and Regulations
F. Common Areas ❑ Commercial Lease Guaranty - .
G. Notice of Repairs ❑ Commercial Lease Right of First Refusal
H. Failure to Repair Addendum
16. Alterations 9 ❑ Commercial Lease Addendum for Optional
17. Liens 9 Space
18. Liability 9 ❑ Commercial Leasehold Construction Addendum
19. Indemnity 9 ❑
20. Default 9 ❑
21. Abandonment, lriterruption of Utilities,
Removal of Property&Lockout 10
(rAR•2101)5-26-06 Initialed for Identification by Tenant: ,and Landlord: Page 1 of 14
American Real Estate 3550 Dowlen,Suite A,Beaumont TX 77706
Phone 409.866.9129 Fax: 409.866.4473 Kelli Maness 8155 PRELAN.zf
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EXHIBIT "A"
TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSQNS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOTAUTHORREO.
OTexasAssoelation of REALTORSO,Inc.2606
1. PARTIES:The parties to this lease are:
Tenant: CITY OF sZALIMONT
P,b BOX 3827 BEAUMONT Tx. 77704 and
Landlord: DAVID DERHAROLJTIAN
2. LEASED PREMISES:
A. Landlord leases to Tenant the following described real property, known'as the"leased premises,"along
with all its Improvements (Check only one box):
D (1) Multiple-Tenant Property: Suite or Unit Number containing approximately
square feet of rentable area in (project name)
at
(address)in (city), (county),
Texas,which is legally described on attached Exhibit or as follows:
d (2) Single-Tenant Property:The real property at: 8155 PHELAN
(address) in
13EAUMONT (city), JEFFERSON (county), Texas, which
is legally described on attached Exhibit C WILLIAMS or as follows:
ABSTRACT 59 TR 72—A SP-6 BLK. IS
B. If ParagNaph 2A(1)applies:
(1) "Property" means the building or complex in which the leased premises are located, inclusive of
any common areas, drives, parking areas,and walks;and
(2) the parties agree that the rentable area of the leased premises may not equal.the actual or useable
area within the leased premises and may include art allocation of common areas in the Property.
3. TERM:
A. Term:The term of this lease is 12 months and o days, commencing on:
Avril 1, 2009 (Commencement Date) and ending on
Marph 31, 2010 (Expiration Date).
(TAR-2401)5-26-06 Initialed for Identification by Tenant: ,and Landlord: Page 2 of 14
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8155 PHELAN
Commercial Lease concerning: BEAUMONT TX 77706
B. Delay of Occupancy: if Tenant is unable to occupy the leased premises on the Commencement Date
because of construction on the leased premises to be completed by Landlord that is not substantially
complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant
for such delay and this lease will remain enforceable. In the event of such a delay,the Commencement
Date will automatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date will also be extended by a like number of days, so that the length of this lease remains
unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the
Commencement Date because of construction on the leased premises to be completed by Landlord
that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may
terminate this lease by giving written notice to Landlord before the leased premises become available
to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant.
This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs.
C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate.of occupancy for
'the leased premises if required by a governmental body.
4. RENT AND EXPENSES:
A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will' pay
Landlord base monthly rent as described on attached Exhibit - N/A or as follows:
from April- 1, 2009 to March 31. 2010 ; $ 1,075.20 ;
from to $ ;
from to $ ;
from to - $ ;
from to $
B. First Full Month's Rent:The first full base monthly rent is,due on or before April 1i 2009
C. Prorated Rent: if the Commencement Date is on a day other than the first day of a month, Tenant will
pay Landlord as prorated rent, an amount equal to the base monthly rent multipiied by the following
fraction: the number of days from the Commencement Date to the first day of the following month
divided by the number of days in the month in which this lease commences. The prorated rent is due
on or before the Commencement Date,
D. Additional Rent: in addition to the base monthly rent and prorated rent, Tenant will pay Landlord all
other amounts, as provided by the attached (Check all that apply.):
❑ (1) Commercial Expense Reimbursement Addendum
❑ (2) Commercial Percentage Rent Addendum
❑ (3) Commercial Parking Addendum
❑ (4)
All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this
lease.
E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person
at the place stated or to such other person or place as Landlord may later designate in writing:
Name: DAVID DERHAROUTIAN c/o STACY TYWATER
Address:BEAUMONT AREA FEDERAL CREDIT UNION
F, Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as .
permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any
check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after
(rAR-2101)5-26-06 Initialed for Identification by Tenant: ,and Landlord: Page 3 of 14
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8155 'PHELAN
Commercial Lease concerning: BEAt}MOI3T TX 77706
providing written notice to Tenant may require Tenant to pay subsequent amounts that become due
under this lease in certified funds.This paragraph does not limit Landlord from seeking other remedies
under this lease for Tenant's failure to make timely payments with good funds.
G. Late Charges: If Landlord does not actually receive a rent payment at the designated place of payment
within 5 days after the date it is-due, Tenant will pay Landlord a late charge equal to 5%of the amount
due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost
associated with the collection of rent and Landlord's acceptance of a late charge does not waive
Landlord's right to exercise remedies under Paragraph 20.
H. Returned Checks:Tenant will pay$25 00 (not to exceed$25)for each check
Tenant tenders to Landlord which Is returned by the institution on which it is drawn for any reason, plus
any late charges until Landlord receives payment.
5. SECURITY DEPOSIT:
A. Upon execution of this lease,Tenant will pay.$ N/A to Landlord as a security
deposit_
B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease.'lf Landlord
applies any part of the security deposit during any time this lease is in effect to amounts owed by
Tenant,Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to .
the amount stated.
C. Within 60 days after Tenant surrenders the leased premises and.provides Landlord written notice of
Tenant's forwarding address, Landlord will refund the security deposit less any amounts applied toward
amounts owed by Tenant or other charges authorized by this lease.
6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes
assessed against the leased premises.
7. UTILITIES:
A. The party designated below will pay for the following utility charges to the leased premises and any
connection charges for the utilities. (Check all that apply.)
NIA Landlord Tenant
(1) Water ❑ ❑ d
(2) Sewer ❑ ❑ 0
(4) Glas Gas d d
(5) Telephone ❑ . ❑ CI
(6) Trash ❑ ❑ C7
(7) Cable 0 0 x
(8). ❑ ❑ all
(9) All other utilities ❑ ❑ ❑
B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility
service provider. The responsible party may select the utility service provider except that if Tenant
selects the provider, any access or alterations to the Property or leased premises'necessary for the
utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold.
If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and
Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse
Landlord such amount.
(TAR-2101)5-26-06 Initialed for identification by Tenant: ,and Landlord: Page 4 of 14
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Commercial Lease concerning: BEAUMONT. TX 77706
C. Notice:Tenant-should determine if all necessary utilities are available to the leased premises and
are adequate for Tenant's Intended use.
D. After-Hours HVAC Char-0s: "HVAC services" means heating, ventilating, and air conditioning of the
leased premises. (Check one box only.)
❑ (1) Landlord is obligated. to provide the HVAC services to the leased premises only during the
Property's operating hours specified under Paragraph 9C.
C) (2) Landlord will provide the HVAC services to the-leased premises during the operating hours specified
under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC
services to the leased premises during other hours for an additional charge of$
per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of
Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be
rounded up to the next half hour.Tenant will comply with Landlord's procedures to make a request
to provide the additional HVAC services under this paragraph.
I3 (3) Tenant will pay for the HVAC services under this lease.
8. INSURANCE: ITY IS -SELF INSURED
During all times this lease is in effect, Tenant must, at Tenant's expense, maintain in full force and Ct
fir ari insurer authorized to operate in Texas:
(1) pu . liability insurance in an amount not less than $1,000,000.00 on an occurrenc asis naming
Landlor an additional insured;and
(2) personal pro damage insurance for Tenant's business operations an ntents on the leased
premises In an am t sufficient to replace such contents after a casu oss.
B. Before the Commencement Tenant must provide Laridlor I h a copy of insurance certificates
evidencing the required.coverage. a insurance cavera . . renewed or changes in any manner or
degree at any time this lease is in e Tenant mu , not later than 10 days after the renewal or
change, provide Landlord.a copy of an insuran c Icate evidencing the renewal or change.
C.. If Tenant fails to maintain the required ins ce in ful ce and effect at all times this lease is in effect,
Landlord may:
(1) purchase insurance that wil ovide Landlord the same co age as the required insurance and
. Tenant must Immediatel Imburse Landlord for such expense; or
(2) exercise Landlord's medies under Paragraph 20.
D. Unless the pa ' s agree otherwise, Landlord will maintain in full force and effect I ance for (1) fire
and exte d coverage in an amount to cover the reasonable replacement cost of the i vements of
the perty; and (2) any public liability insurance In an amount that Landlord determines r onable .
appropriate.
E. if there is an increase in Landlord's insurance premiums for the leased premises or Property or its
contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by
or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately
after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 8E will be
equal to the actual amount of the increase in Landlord's insurance premium.
9. USE AND HOURS:
A. Tenant may use the leased premises for the following purpose and no other. EbUMGENCY MEDICAL
SERVICE FOR CITY OF BEAUMONT INCLUDING STORAGE OF EMERGENCY UNIT AND LIVING
QUARTERS FOR 1MMOYENS.
(TAR-2101)5-26-06 initialed for Identification by Tenant ,and Landlord: Page 5 of 14
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8255 PHELAN
Commercial Lease concealing: B.EAUMO T, TX 77706
B. Unless otherwise specified in this lease, Tenant Will operate and conduct its business in the leased
premises during business hours that ate typical of the industry in which Tenant represents it operates.
C. The Property maintains operating hours of(specify hours, days of week, and if inclusive or exclusive of
weekends and holidays): 24 HOURS A DAY — SEVEN DAYS A TJEL$
10.LEGAL COMPLIANCE:
A. Tenant may not use or permit any part of the leased premises or the Property to be used for
(1) any activity which is a nuisance or is offensive, noisy, or dangerous;
(2) any activity that interferes with any other tenant's normal business operations or Landlord's
management of the Property;
(3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant,
governmental order, owners' association rules, tenants' association rules, Landlord's rules or
regulations, or this lease;
(4) any hazardous activity that would require any insurance premium on the Property or leased premises
to increase or that would void any such insurance;
(5) any activity that violates any applicable federal, state, or local law, including but not limited to those
laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air
emissions, or other environmental (ratters;
(6).the permanent or temporary storage of any hazardous material; or
(7)
B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material,
hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law,
regulation, ordinance, or rule existing as of the date of this lease or later enacted.
C: Landlord does not represent or warrant that the leased premises or Property conform to applicable
restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio
requirements, and other matters that may relate to Tenant's intended use.Tenant must satisfy itself that
-the leased premises may be used as Tenant intends by independently investigating all matters related to
the use of the leased premises or Property. Tenant agrees that it is not relying on any warranty or
representation made by Landlord. Landlord's agent, or any broker concernincl the use of the leased
premises or Property.
11.SIGNS:
A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without
Landlord's written consent. Landlord may remove any unauthorized sign, and,Tenant will promptly
reimburse Landlord for its cost to remove any unauthorized sign.
B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental
order relating to signs on the leased premises or Property. Landlord may temporarily remove any
authorized sign to complete repairs or alterations to the leased premises or the Property.
C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove,without damage to the Property or leased premises, any
or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any
signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the
Landlord and must be surrendered to Landlord at the time this lease ends.
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12.ACCESS BY LANDLORD:
A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable
purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the
leased premises to prospective tenants or purchasers. Landlord may access the leased premises after
Tenant's normal business hours if: (1) entry is made with Tenant's permission; or(2) entry Is necessary
to complete emergency repairs. Landlord will not unreasonably Interfere with Tenant's business
operations when accessing the leased premises.
B. During the last 30- days of this lease, Landlord may place a"For Lease"or similarly worded sign in
the leased premises.
13.MOVE4N CONDITION: Tenant has inspected the leased premises and accepts it in its present (as-is)
condition unless expressly noted otherwise in this lease. Landlord and any spent have made no express or
implied warranties as to the condition or permitted use of the leased premises or Property.
14. MOVE-OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY:
A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when
received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition
free of all trash, debris, personal property, hazardous materials, and environmental contaminants.
B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the
leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal
property by providing written notice to Tenant; or(2) retain such personal property as forfeited property
to Landlord.
C. "Surrender"means vacating the leased premises and returning all keys and access devices to Landlord.
"Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or
abuse.
D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenants ekpense,to remove, without damage to the Property or leased premises, any
or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any
fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must
be surrendered to Landlord at the time this lease ends.
15.MAINTENANCE AND REPAIRS:
A. Cleanin : Tenant must keep the leased premises clean and sanitary and promptly dispose of all
garbage In appropriate receptacles. ❑ Landlord d Tenant will provide, at its expense, janitorial
services to the leased premises that are customary and ordinary for the property type. Tenant will
maintain any grease trap on the Property which Tenant uses, including but not limited to periodic
emptying and cleaning, as well as making any modification to the grease trap that may be necessary to
comply with any applicable law.
B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair
that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees,
contractors or permitted subtenants.
C. Repair and Maintenance Responsibility: Except as otherwise provided by this Paragraph 15, the party
designated below, at its expense, is responsible to maintain and repair the following specified items in
the leased premises (if any). The specified items must be maintained in clean and good operable
condition..If a governmental regulation or order requires a modification to any of the specified items, the
party designated to maintain the item must complete and pay the expense of the modification. The
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Commercial's-ease concerning: PZA1JnvQNT TX 77706
specified items include and relate only to real property in the leased premises. Tenant Is responsible for
the repair and maintenance of its personal property. (Check all that apply.)
N/A Landlord Tenant
(1) Foundation, exterior walls, roof,Arid other structural components D D ❑
.(2) Glass and windows ❑ ❑ D
(3) Fire protection equipment and fire sprinkler systems ❑ ❑. d
(4) Exterior & overhead doors, including closure devices,.molding ❑ ❑ d
locks, and hardware
(5) Grounds maintenance, including landscaping and irrigation [� ❑ ❑
systems
(6) Interior doors, including closure devices, frames, molding, locks, ❑ ❑ C7
and hardware
(7) Parking areas and walks ❑ ❑ ❑
(8) Plumbing systems, drainage systems, electrical systems, and ❑ ❑ fd
mechanical systems, except systems or items specifically
designated otherwise
(9) .Ballast and lamp replacement ❑ ❑ [�
(10) Heating,Ventilation and Air Conditioning (HVAC)systems ❑ ❑ I�
(11) Signs and lighting:
(a) Pylon ❑ ❑ a
(b) Facia ❑ ❑ d
(c) IVlonurbent ❑ ❑ Cd
(d) Door/Suite ❑ ❑
(12) Extermination and pest control, excluding.wood-destroying insects ❑ ❑ d
(13) Fences and Gates ❑ ❑ ❑
(14) Storage yards and storage buildings ❑ ❑ d
(15) Wood-destroying insect treatment and repairs ❑ [�. ❑
(16) Cranes and related systems ❑ ❑
(17)
❑ ❑
(18) ❑ ❑ ❑
(19) All other items and systems. ❑ ❑
D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons.
E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15G(10),Tenant 0 is
❑ is not required to maintain, at its expense, a regularly scheduled maintenance and service contract
for the HVAC system. The maintenance and service contract must be purchased from a HVAC
maintenance company that regularly provides such contracts to similar properties. If Tenant falls to
maintain a required HVAC maintenance and service contract in effect at all times during this lease,
Landlord may do so and charge Tenant the expense of such a maintenance and service contract or
exercise Landlord's remedies under Paragraph 20.
F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord
determines to be in the best interest of the Property. Landlord will maintain any elevator'and signs in
the common area. Landlord may change the size, dimension, and location of any common areas,
provided that such change does not materially impair Tenant's use and access to the leased premises.
Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules
and restrictions. Tenant may not solicit any business in the common areas or interfere with any other
person's right to use the common areas.This paragraph does not apply if Paragraph 2A(2)applies.
(TAR-2101)5-26-06 Initialed for Identification by Tenant: ,and Landlord: Page 8 of 14
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G. Notice of Repairs:Tenant must promptly notify Landlord of any item that is in need of repair and that is
Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing.
H. f=ailure to Repair. Landlord rnust.make a repair for which Landlord is responsible within a reasonable
period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to
repair or maintain an Item for which Tenant Is responsible within 10 days. after Landlord provides
Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or. maintain the
item, without liability for any damage or loss to Tenant, -and Tenant must immediately reimburse
Landlord for the cost to repair or maintain;or(2)exercise Landlord's remedies under Paragraph 20.
16. ALTERATIONS:
A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlord's written
consent. Landlord will. not unreasonably withhold consent for the Tenant to make reasonable
non-structural alterations, modifications, or improvements to the leased premises.
B. Tenant may not alter any locks or any security devices on the Property or the leased premises without
Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other
security devices, Tenant must immediately deliver the new keys and access devices to Landlord.
C. If a governmental order requires alteration or modification to the leased premises,the party obligated to
maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its
expense, modify or alter the item in compliance with the order and in compliance with Paragraphs 16A
and 17.
D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by
either party during the term of this lease will become Landlord's property.and must be surrendered to
Landlord at the time this tease ends, except for those fixtures Landlord requires Tenant to remove
under Paragraph 11 or 14 or if the parties agree otherwise in writing.
V. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be
encumbered in any way. If Tenant causes a lien to be filed against the Property or teased premises,
Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of
record; or(2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant
obtains pursuant to this paragraph.
18. LIABILITY:To the extent permitted by law, Landlord is NOT responsible to Tenant or Tenant's employees,
patrons -guests or invitees for any damages injuries or losses to person or property caused by,
A. an act omission or neglect of- Tenant: Tenant's anent;Tenant's quest: Tenant's employees; Tenant's
patrons:Tenant's invitees', or any other tenant on the Property:
B. fire flood water leaks ice snow, hail winds explosion smoke riot strike interruption.of utilities,
theft burglary, robbery, assault vandalism other persons environmentat contaminants, or other
occurrences or casualty losses.
19. INDEMNITY: Each pfrom any property damage
Personal Injury, suits actions liabilities damages cost of repairs or service to the leased premises or
Property,. any other loss caused negligently or otherwise by that party or that party's employees
patrons, guests . or invitees. J%
CAUSED
20. DEFAULT:
A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's
failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If,
however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not
be in default if the cure is commenced within the 30-day period and is diligently pursued.
(CAR-2101)5-26-06 Initialed for Identification by Tenant: ,and Landlord: Page 9 of 1.4
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B. If Landlord does not actually receive at the place designated for payment any rent due under this lease
Within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any
other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in
default.
C. If Tenant is in default, Landlord may: (1) terminate Tenant's right to occupy the leased premises by
providing Tenant with at least 3 days written notice; and (ii) accelerate all rents which are payable
during the remainder-of this lease or any renewal period without notice or demand. Landlord will
attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable
means. If Tenant is in default,Tenant will be liable for
(1) any lost rent;
(2) Landlord's cost of reletting the leased premises, including brokerage fees, advertising fees, and
other fees necessary to relet the leased premises;
(3) repairs to the leased premises for use beyond normal wear and tear;
(4) all Landlord's costs associated with eviction of Tenant, such as attorney's fees, court costs, and
prejudgment interest;
(5) all Landlord's costs associated with collection of rent such as collection fees, late charges, and
returned check charges;
(6) cost of removing any of Tenant's equipment or fixtures left on the leased premises or Property;
(7) cost to remove any trash, debris, personal property, hazardous materials, or environmental
contaminants. left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased
premises or Property;
(8) cost to replace any unreturned keys or access devices to the leased premises, parking areas, or
Property;
(9) any other_recovery to which Landlord may be entitled under this lease or under law.
21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT:
Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with"regard to: (a)
abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d)
"lock-out" of Tenant.
22. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends,Tenant will become
a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord.
No holding over by Tenant, with or without the consent of Landlord, will extend this lease. T as.t-. ::—
e-heidevefoRent for
any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily
basis and will be immediately due and payable daily without notice or demand.
23.7 ND SECURITY INTEREST: To secure Tenant's a ease,
Tenant arants to Landlord a ien rest a a s nonexempt Personal DroDertv
that is in the leased remises o ease Is ement for the purposes of the
Unifor 06.Landlord may file a copy of this lease as a financing s a e
24. ASSIGNMENT AND SUBLE=TTING: Landlord may assign this lease to any subsequent owner of the
Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's
written consent. An assignment of this lease or subletting of the leased premises without Landlord's written
consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises,
Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or
sublease is made with or without the consent of Landlord.
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25. RELOCATION:
D A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require'Tenant
to relocate to another location in the Property, provided that the other location is equal in size or larger
than the leased premises then occupied by Tenant and contains similar leasehold improvements.
Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location.
"Moving expenses" means reasonable expenses payable to professional movers, utility,companies for
connectioh.and disconnection fees, wiring companies for connecting and*disconnecting Tenant's office
equipment required by the relocation, and printing companies for reprinting Tenant's stationary and
business cards.A relocation of Tenant will not change or affect any other provision of this lease that is
then in effect, including rent and reimbursement amounts, except that the description of the suite or
unit number will automatically be amended.
B. Landlord may not require Tenant to relocate to another location in the Property without Tenants prior
consent.
26. SUBORDINATION:
A. This lease and Tenants leasehold interest are and will be subject, subordinate, and inferior to:
(1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the
Property that Landlord authorizes;
(2) all advances made under any such lien, encumbrance, or ground lease;
(3) the interest payable on any such lien or encumbrance;
(4) 'any and all renewals and extensions of any such lien, encumbrance, or ground lease;
(5) any restrictive covenant affecting the leased premises or the Property; and
(6) the rights of any owners'association affecting the leased premises or Property.
B. Tenant must,-on demand, execute a subordination, attornment, and non-disturbance agreement that
Landlord may request that Tenant execute, provided that such agreement is made on the condition that
this lease and Tenant's rights under this lease are recognized by the lien-holder.
27. .
o Landlord an astoppel 2nd condition
28. CASUALTY LOSS:
A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days
after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are
less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially
restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss.
B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased
premises to substantially the same condition as before the casualty. if Landlord fails to substantially
restore within the time required,Tenant may terminate this lease.
C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate
this lease; or (2) restore the leased premises to substantially the same condition as Before the
casualty. If Landlord chooses to restore and does not substantially restore the leased premises within
the time required, Tenant may terminate this lease.
D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120
days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and
terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give
Tenant the option to terminate this lease by notifying Landlord within 10 days.
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E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant
notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an
amount proportionate to the extent the leased premises are unusable.
•29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are
totally unusable for the purposes stated in this lease, this lease will terminate. if after a condemnation or
purchase in lieu of dondemnation the leased premises or Property are partially unusable f6r.the purposes
of this lease,this lease will continue and rent will be reduced in an amount proportionate to the extent the
leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the
property of Landlord and Tenant has no claim to such proceeds or award.Tenant may seek compensation
from the condemning authority for its moving expenses and damages to Tenant's personal property.
30. ATTORNEY'S FEES: Any'person who is a prevailing party in any legal proceeding brought under or
related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable
attorney's fees, and all other costs of litigation from the nonprevailing party.
31: REPRESENTATIONS:
A. Tenant's statements in this lease and any application for rental are material representations relied upon
by Landlord. Each party signing this lease represents that he or she is of legal age to enter into a
binding contract and is authorized to sign the lease. if Tenant'makes any misrepresentation in this
lease or in any application for rental,Tenant is in default.
B. Landlord is not aware of any material defect on the Property that would affect the health and safety of
an ordinary person or-any environmental hazard on or affecting the Property that would affect the
health or safety of an ordinary person, except:
C. Each parry and each signatory to this lease represents that: (1)it is not a person named as a Specially
Designated National and Blocked Person as defined in Presidential Executive Order 13224; (2) it is not
acting, 'directly or indirectly, for or on behalf of a Specially Designated and Blocked Person; and (3) is
not arranging or facilitating this lease or any transaction related to this lease for a Specially Designated
and Blocked.Person. Any party or,any signatory to this lease who is a Specially Designated and
Blocked person will indemnify and hold harmless any other person who relies on this representation
and who suffers any claim, damage, loss, liability or expense as a result of this representation.
32. BROKERS:
A. The brokers to this lease are:
AMR.RICAN REAL. ESTATE -- XELLI MANESS
Cooperating Broker License No. Principal Broker License No.
3550 DOWLEN BEAUMONT, TEXAS 77706
Address Address
(409)860-2914 (409)866-4473
Phone Fax Phone Fax
)�R+a a.
ess@americanrealestte com
E-mail Email
Cooperating Broker represents Tenant. Principal Broker: (Check only one box)
0 represents Landlord only.
❑ representsTenant only.
❑ is an intermediary between Landlord and Tenant.
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B. Fees.
[i (1) Principal Broker's fee will be paid according to' (Check only one box).
d (a) a separate written commission agreement between Principal Broker and:
0 Landlord 0 Tenant.
❑ (b) the attached Addendum for Brokers Fee.
❑ (2) Cooperating Broker's fee will be paid alcording to:.(Check only one box).
CI (a) a separate written commission agreement between Cooperating Broker and:
C) Principal Broker CI Landlord C1 Tenant.
C) (b) the'attached Addendum for Broker's Fee.
33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the
Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made.part
of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion,
amend from time to time.
34. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by
mail, or sent by facsimile transmission to:
Tenant at the leased premises,
and a copy to:CITY. OF BEAUMONT
Address: P.O. BOX 3827 BEAUMONT TX. 77704
Phone: Fax:
Il Tenant also consents to receive notices by e-mail at:
Landlord at: DAVID DERHAROUTiAN
Address: 8114 High Terrace Sugar Land,TX 17419
Phone: Fax:
and a copy to:DAVID DERHAROUTIAN
Address:E--MAIL• david derharoutian @online.de
Phone: (495)141-980006 l=ax:
[� Landlord also consents to receive notices by e-mail at:
35. SPECIAL PROVISIONS:
MONTHLY RENTS TO BE MAILED TO:
STACY TYWATER
BEAEIMONT AREA EDUCATORS FEDERAL CREDIT UNION
P.O. BOX 751
BEAUMONT, TEXAS 77704
All improvements to 8155 Phelan will stay with the property.
If existing carpet is removed, it should be replaced.
Tenant responsible for carport & electricity to carport.
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96. AGREEMENT OF PARTIES:
A. Entire Agreehlent:This lease contains the entire agreement between Landlord and Tenant and may not
be changed except by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective
heirs, executots, administrators, successors, and permitted assigns.
C. Joint and Several:All Tenants are jointly and severally liable for all provisions of this lease. Any act or
notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease,
its renewal, or its termination is binding on all Tenants.
D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and
enforcement of this lease.
E. Severable Clauses: If any clause in this lease Is found invalid or unenforceable by a court of law, the
remainder of this lease will not be affected and all other provisions of this lease will remain valid and
enforceable.
F. Waiver.. Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien,
rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by
Tenant or any other term in this lease.
G. Quiet Eniovment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant
will enjoy possession and use of the leased premises free from material interference.
H. Force Maieure: If Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage
of material, governmental.restriction, riot, flood, or any cause outside Landlord's control, the time for
Landlord's performance will be abated until after the delay.
I. time: Time is of the essence.The parties require strict compliance with the times for performance.
Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies,
environmental assessments,tax advice, or compliance inspections.The parties should seek experts to
render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease,
consult your attorney BEFORE signing.
CITY OF 13EAUM014T DAVID DERHAROUTIAN
Tenant Landlord
By By
Date Date
Printed Name Kyle Haves, City Manager Printed Name DAVID DZRHAROUTIAN
Title Title
Tenant Landlord
By By
Date Date
Printed Name Printed Name
Title Tltle
(TAR-2101)5-26-06 Page 14 of 14
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Legal Department
P.O. Box 3827
Beaumont,Texas 77704-3827
Tel. (409) 880-3715
City of Beaumont Fax(409) 880-3121
March 10, 2009
To Whom It May Concern:
The City of Beaumont is currently self-insured for all lines of coverage normally
made available under the Texas Business Auto Policy. Comprehensive and collision
accidents are paid as normal operating expenses. The City has a self-insured trust fund
from which it pays all liability claims. The City currently purchases insurance for real and
personal property. All real and personal property are protected by all risk type coverage
including flood. Real and personal property are subject to a $50,000 deductible.
If we can be of further assistance to you or provide you with additional information,
please do not hesitate to contact us.
Very truly yours,
oz
Matthew Martin, AIC, ARM
Liability Administrator
MM:rw
E
RICH WITH OPPORTUNITY
BEAUMON*
T - E ,- x - A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: March 24, 2009
REQUESTED ACTION: Council consider authorizing the City Manager to sign a
contract with the South East Texas Regional Planning
Commission(SETRPC)entitled"Interlocal Contract Relating
to the Planning, Development, Operation and Provision of
9-1-1 Service and the Use of 9-1-1 Funds".
RECOMMENDATION
The administration recommends approval of authorizing the City Manager to execute the contract
with the SETRPC.
BACKGROUND
The City of Beaumont and the SETRPC first signed a similar contract in February 1999.
Subsequent contracts have been signed when wording needed to be changed. The last contract
was signed in December 2003. The contract was developed in cooperation with the SETRPC
Legal Counsel and the Commission on State Emergency Communications(CSEC) and meets the
State of Texas requirements of program and system accountability regarding the 9-1-1 program.
The contract outlines the roles and responsibilities of the SETRPC and local governments in the
provision of 9-1-1 related service. This contract supersedes the previous contract signed in
December 2003.
BUDGETARY IMPACT
None.
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 the Interlocal Contract
Relating to the Planning, Development, Operation and Provision of 9-1-1 Service and the
Use of 9-1-1 Funds between the South East Texas Regional Planning Commission and
the City of Beaumont. 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 24th day of
March, 2009.
- Mayor Becky Ames -
I
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
9-1-1 EMERGENCY COMMUNICATIONS
INTERLOCAL CONTRACT RELATING TO THE
PLANNING, DEVELOPMENT, OPERATION AND PROVISION
OF 9-1-1 SERVICE AND THE USE OF 9-1-1 FUNDS
This Contract is entered into between the
South East Texas Regional Planning Commission
and the
City of Beaumont , Texas
EXHIBIT "A"
I
South East Texas Regional Planning Commission
iNTERLOCAL CONTRACT FOR
PLANNING,DEVELOPMENT, OPERATION AND PROVISION
OF 9-1-1 SERVICE AND USE OF 9-1-1 FUNDS
Parties and Purpose
1.1 The South East Texas Regional Planning Commission(SETRPC) is a
regional planning commission and political subdivision of the State of Texas organized and
operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local
Government Code. SETPRC has developed a Strategic Plan for the administration and operation
of 9-1-1 emergency telephone service which has been approved by the Commission on State
Emergency Communications (CSEC).
1.2 The City of Beaumont, Texas (Public Agency) is a
Texas municipality that operates one or more Public Safety Answering Points (PSAP)that assist
in implementing the Strategic Plan as authorized by Chapter 771 of the Health and Safety Code.
1.3 This contract is entered into between SETRPC and Public Agency under
Chapter 791 of the Government Code. This contract relates to the planning, development,
operation and provision of 9-1-1 service, the use of 9-1-1 funds and adherence to applicable law.
Goods and Services
2.1 Public Agency agrees to:
(1) cooperate with SETRPC in acquiring and installing necessary equipment
for the 9-1-1 system;
(2) comply with applicable provisions of the Uniform Grant Management
Standards, as established by the Governor's Office of Budget and Planning, under the authority
of Chapter 783 of the Texas Government Code.
(3) comply with the Uniform Grant Management Standards, applicable law,
and SETRPC policies, as outlined in Section 3 of this contract, related to ownership, transfer of
ownership, and/or control of equipment acquired with 9-1-1 funds in connection with providing
9-1-1 service;
(4) abide by all rules, regulations, performance training standards, etc.
adopted by SETRPC and CSEC or its successor agency;
(5) purchase supplies such as printer paper, printer ribbons, cleaning
materials, etc. necessary for the continuous operation of PSAP(s);
2
(6) secure the premises of PSAP(s) against unauthorized entrance and protect
the 9-1-1 equipment from unauthorized use;
(7) practice preventive maintenance for the 9-1-1 equipment, including at a
minimum, testing emergency power generators periodically, and ensuring that all equipment is
working properly;
(8) participate in emergency communications training for call-
takers/dispatchers as scheduled and provided by SETRPC;
(9) complete such reports and other documentation as may be reasonably
required by CSEC, the PSAPs, SETRPC, or the service provider.
E 9-1-1 Equipment Purchasing and Leasing
3.1 (a) SETRPC hereby agrees to provide services and equipment,whether
purchased or leased, for Public Agency including all non-recurring and monthly recurring
charges for equipment and network charges as approved by the CSEC. SETRPC also agrees to
provide for repairs, updates to and replacement of equipment as deemed necessary by SETRPC
and as approved by the CSEC.
(b) All leased equipment remains the sole property of the lessor.
3.2 Except as noted in paragraph 3.6, SETRPC owns all 9-1-1 equipment purchased
on behalf of Public Agency with emergency service fees. Public Agency is licensed to use the 9-
1-1 equipment in providing enhanced 9-1-1 emergency telephone services.
3.3 Public Agency agrees to notify SETRPC in writing before encumbering,
transferring, or otherwise disposing of the 9-1-1 equipment. In addition,Public Agency and
PSAP(s) shall reimburse SETRPC and/or the CSEC, as applicable, for damage to 9-1-1
equipment caused by intentional misconduct, abuse,misuse, or negligence by PSAP employees,
normal wear and tear or ordinary day to day use of equipment excepted. Further, upon the
installation of any additional equipment or software by SETRPC,Public Agency agrees to
comply with the provisions of Exhibit"A" attached hereto and incorporated herein as referenced.
3.4 Public Agency acknowledges that SETRPC representatives will visit Public
Agency on a regular basis to monitor functionality and use of all equipment associated with 9-1-
1 call handling and processing and on an annual basis to conduct a physical inventory of all said
equipment.
3.5 Paragraphs 3.1, 3.2 and 3.3 survive the expiration or early termination of
this contract and continue in effect so long as Public Agency uses the 9-1-1 equipment.
3.6 When 9-1-1. equipment is purchased with a combination of monies from Public
Agency and emergency service fees, SETRPC may elect to transfer ownership of said equipment
to Public Agency. SETRPC will provide Public Agency with a"Certification of Purchase by
City/County/Agency Transfer of Ownership" document outlining the responsibilities of Public
3
Agency. Those responsibilities include,but are not limited to, maintenance of equipment and
ensuring equipment is fully functional at all times. Additionally,Public Agency shall provide
adequate insurance policies on said equipment to provide for replacement of equipment in cases
of loss where applicable.
3.7 SETRPC will provide 9-1-1 funds to Public Agency and/or PSAP(s) on a
reimbursement basis using a monitoring process that provides assurances that the reimbursement
requests from the Public Agency and/or PSAP(s) are complete, accurate and appropriate.
Effective Date and Term of Contract
4.1 The term of this contract shall be one(1) year, effective on
, and shall continue from year to year thereafter unless any party
involved gives sixty(60) days written notice to the other.
Independent Contractor
5.1 Public Agency is not an employee or agent of SETRPC,but furnishes
services under this contract solely as an independent contractor.
Assignment and Subcontracting
6.1 Public Agency may not assign its rights or subcontract its duties under this
contract without the prior written consent of SETRPC. An attempted assignment or subcontract
in violation of this paragraph is void.
6.2 If SETRPC consents to subcontracting, each subcontract is subject to all of
the terms and conditions of this contract, and Public Agency agrees to furnish a copy of this
contract to each of its subcontractors.
Records
7.1 Public Agency agrees to assist SETRPC,where applicable, in maintaining a
current inventory of all 9-1-1 equipment, consistent with the Uniform Grant Management
Standards and applicable federal and state law.
7.2 Public Agency and PSAP(s) agree to comply with SETRPC requirements for
documenting and reporting 9-1-1 database errors and ANUALI problems.
7.3 Public Agency and PSAP(s) agree to maintain, consistent with Uniform Grant
Management Standards and applicable federal and state law, adequate fiscal records and
supporting documentation for all 9-1-1 Rinds distributed to Public Agency and PSAP(s) and all
9-1-1 funds spent by such Public Agency and PSAP(s) for 9-1-1 service, with specific detail for
4
9-1-1 funds received or spent relating to addressing or addressing database maintenance
activities.
7.4 Subject to the additional requirement of paragraph 7.5, Public Agency
agrees to preserve records, at a minimum, for three years.
7.5 If an audit of or information in the records is disputed or the subject of
litigation, Public Agency agrees to preserve the records until the dispute or litigation is finally
concluded, regardless of the expiration or early termination of this contract.
7.6 SETRPC is entitled to inspect and copy, during normal business hours at
Public Agency's offices where they are maintained, the records maintained under this contract
for as long as they are preserved.
7.7 SETRPC is also entitled to visit Public Agency's offices, talk to its
personnel, monitor and inventory equipment, and audit its records, all during normal business
hours,to assist in evaluating its performance under this contract.
7.8 CSEC, the Texas State Auditor, and/or their duly authorized representatives, shall
have access to and the right to examine all books, accounts,records, files, and/or other papers,
or property pertaining to the 9-1-1 service, belonging to or in use by the Public Agency,
P SAP(s), or by any other entity that has performed or will perform addressing or addressing data
base maintenance activities.
Nondiscrimination and Equal Opportunity
8.1 Public Agency shall not exclude anyone from participating under this
contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against
anyone in carrying out this contract because of race, color,religion, sex, age, disability,
handicap, or national origin.
Dispute Resolution
9.1 The parties desire to resolve disputes arising under this contract without
litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve
the dispute between themselves. To this end, the parties agree not to sue one another, except to
enforce compliance with paragraphs 9.1-9.2, until they have exhausted the procedures set out in
these paragraphs.
9.2 At the written request of either party, each party shall appoint one
nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising
under this contract. The representatives appointed shall determine the location, format,
frequency, and duration of the negotiations.
5
9.3 If the representatives cannot resolve the dispute within 30 calendar days
after the first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution
Center of Jefferson County for mediation in accordance with the Center's mediation procedures
by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's
mediation services.
9.4 The parties agree to continue performing their duties under this contract,
which are unaffected by the dispute, during the negotiation and mediation process.
Suspension for Unavailability of Funds; Withholding, Decrease
or Reimbursement of Funds Due to Non-compliance
10.1 Public Agency acknowledges that SETRPC's sole source of funding
for this contract is 9-1-1 emergency service fees. If fees sufficient to administer the program are
not appropriated by the Texas Legislature and received by SETRPC, SETRPC may suspend
administration of the program and training responsibilities under this contract by giving Public
Agency notice thereof.
10.2 Public Agency acknowledges that SETRPC may withhold, decrease or seek
reimbursement of 9-1-1 funds in the event such funds are or were used in non-compliance with
applicable federal or state law. Further, Public Agency and PSAP(s) shall return or reimburse
SETRPC and/or CSEC, as applicable, any 9-1-1 funds used in non-compliance with applicable
law. Such return or reimbursement of 9-1-1 funds to SETRPC and/or the CSEC, as applicable,
shall be made by the Public Agency or PSAP(s)within sixty (60) days after demand by
SETRPC, unless an alternative repayment plan is approved by SETRPC and CSEC.
Termination for Convenience
11.1 Either party may terminate this contract in its entirety for convenience by
giving the other 60 calendar days notice of intent to terminate. After the notice is received,this
contract terminates 60 calendar days after a party receives the notice of termination.
Notice to Parties
12.1 Notice to be effective under this contract must be in writing and received
by the party against whom it is to operate. Notice is received by a party; (1) when it is delivered
to the party personally; (2)when a party receives a facsimile of the notice, as confirmed by the
senders facsimile machine; (3) on the date shown on the return receipt if mailed by registered
or certified mail, return receipt requested,to the party's address specified in paragraph 12.2 and
signed on behalf of the party; or (4)three business days after its deposit in the United States
mail, with first-class postage affixed, addressed to the party's address specified in paragraph
12.2.
6
12.2 SETPRC's address is 2210 Eastex Freeway, Beaumont, Texas 77703
Attention: 9-1-1 Director. SETRPC's telephone number is (409) 724-1911, and its facsimile
number is (409) 347-1953. Public Agency's address is
Attention: . Public Agency's telephone number is
and its facsimile number is
12.3 Public Agency agrees to notify SETRPC of a change of address or contact
information by providing notice of the change in accordance with paragraph 12.1.
Further Agreements; Miscellaneous
13.1 By their respective signatures below, SETRPC,Public Agency, and PSAP(s) , as
applicable, commit to continue addressing and addressing data base maintenance activities in .
accordance with the SETRPC Regional Plan developed and approved in accordance with Texas
Health& Safety Code, Section 771.055, as amended, as a condition of the receipt of 9-1-1 funds
as prescribed by the SETRPC Strategic Plan to establish and maintain 9-1-1 emergency service.
13.2 Each individual signing this contract on behalf of a party warrants that he
or she is legally authorized to do so and that such party is legally authorized to perform the
obligations undertaken.
13.3 This contract states the entire agreement of the parties, and an amendment
to this contract is not effective unless in writing and signed by all parties.
13.4 This contract is binding on and inures to the benefit of the parties'
successors in interest.
13.5 This contract is executed in duplicate originals.
CITY OF SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By By
Shaun P. Davis
Name: Executive Director
Title: Date:
Attest:
City Clerk
7
EXHIBIT A
PSAP RULES REGARDING 9-1-1 EQUIPMENT
1. Only the designated Dispatch Supervisor or other designated supervisor is to have the
administrative password or security code for the 9-1-1 computer equipment.
2. No unauthorized software is to be loaded onto the 9-1-1 system.
3. No unauthorized personnel are to service or repair the 9-1-1 system components.
4. No unauthorized personnel are to use the 9-1-1 system.
5. PSAP personnel are responsible for reporting any hardware or software problems to the
appropriate service provider and/or SETRPC within a reasonable period from the time the
problem is first detected.
6. Public Agency and PSAP(s) shall be liable for expenses incurred by the SETRPC in repairing
or replacing software or hardware that must be replaced due to abuse or negligence or as a
direct result of any violation of the rules stated herein.
7. Public Agency and PSAP(s) will not be held monetarily liable for costs incurred for items
that are covered by warranty, or if they are the result of an incident over which they have no
control (i.e. lightning, water as a result of flooding, power failure, etc.)
8. The PSAP agency will operate a 24-hour dispatch service at the PSAP site in order to assure
quality and to continue to operate as a PSAP.
9. Failure to abide by these rules may result in the SETRPC terminating this agreement and not
placing a PSAP at that location.
s
RICH WITH OPPORTUNITY
1
T • E • R • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 24, 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, 2, 4& 5/
Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving the Certification of Unopposed Candidates and the Order of
Cancellation of the City of Beaumont's May 9, 2009 General Election
2. Consider an ordinance establishing a Photographic Traffic Signal Enforcement
System(Red Light Camera System)
3. Consider a request for a zone change from GC-MD(General Commercial-Multiple
Family Dwelling)District, LI(Light Industrial)District and HI(Heavy Industrial)
District to CBD (Central Business District) and from LI (Light Industrial)District
to RCR(Residential Conservation and Revitalization)District for the property
located at 1076-1460 Calder, 1045-1475 Broadway, 1054-1428 Liberty, 1065-
1438 Laurel, 1168-1358 South, 798-1060 Bonham, 500-1000 Blocks of Crockett,
500 - 1000 Blocks of Fannin, 500 - 1000 Blocks of Bowie, 1000 Block of
Forsythe, 967-978 Wall, 702-995 College, 100-500 Blocks of Forrest, 100-500
Blocks of Center, 100-500 Blocks of Ewing, 100-500 Blocks of Oakland, 100 -
500 Blocks of M. L. King Parkway, 700-900 Blocks of Holmes, 300-600 Blocks
& 800-900 Blocks of Archie, 300-600 Blocks and 800-900 Blocks of Jefferson,
500 - 600 Blocks& 800-900 Blocks of Trinity, 200-300 Blocks& 500 Block of
Neches, 200-400 Blocks of Elizabeth, 300-400 Blocks of Pine, 200-300 Blocks of
Tevis, 400 Block of Walnut, 100-400 Blocks of Cypress, 700-800 Blocks of Main
4. Consider approving a contract for a Workers' Compensation Third Party
Administrator
WORKSESSION
* Review and discuss the Preliminary Budget of the 2009 Housing and Urban
Development(HUD) Consolidated Grant Program's Annual Action Plan
PUBLIC HEARING
* Receive comments on the Preliminary Budget of the 2009 Housing and Urban
Development(HUD) Consolidated Grant Program's Annual Action Plan
5. Consider amending Section 20-21 of the Code of Ordinances relating to rental
rates for the Rogers Park Community Center, Alice Keith Community Center and
the Northend Community Center
6. Consider approving a resolution to adopt the Preliminary Budget of the 2009
Housing and Urban Development (HUD) Consolidated Grant Program's Annual
Action Plan
WORKSESSION
* Review and discuss regulations relating to oil and gas drilling
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:
Entergy Texas street lighting billing charges
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
City Magistrate Applicants -Randall Collins, Jonathan Stovall, James
Mehaffy, Jimmy Hamm, Brent Turk and Terrence Holmes
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
March 24,2009
Consider approving the Certification of Unopposed Candidates and the Order of Cancellation of
the City of Beaumont's May 9, 2009 General Election
RICH WITH OPPORTUNITY
BEA,UM011'9(
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, TRMC, City Clerk
MEETING DATE: March 24, 2009
REQUESTED ACTION: Council consider approving the Certification of Unopposed
Candidates and the Order of Cancellation of the City of
Beaumont's May 9, 2009 General Election
RECOMMENDATION
Administration recommends approving the Certification of Unopposed Candidates and the Order
of Cancellation of the City of Beaumont's May 9, 2009 General Election.
BACKGROUND
In 1995,the Texas Legislature amended the Election Code to permit the cancellation of an election
under certain circumstances.To cancel an election,the governing body must first receive and accept
the certification that all candidates in the election are unopposed from the authority responsible for
preparing the ballot. The Certification of Unopposed Candidates and the Order of Cancellation must
be adopted in an open meeting. In a city election,the certifying authority is the City Clerk.
Candidates must wait until on or after Election Day to take the oath of office. A copy of the order
of cancellation shall be posted on Election Day at each polling place that would have been used in
the election. The provisions are set forth in accordance with Section 2.053 of the Election Code.
The City Clerk will act as the election administrator to handle the May 9, 2009 election for the
Beaumont Independent School District for School Board Trustees District IV and VII.
BUDGETARYIMPACT
None.
ORDINANCE
ENTITLED AN ORDINANCE DECLARING THE UNOPPOSED
CANDIDATES FOR MAYOR, FOUR WARD
COUNCILMEMBERS (WARDS I, II, III AND IV)AND TWO (2)
COUNCILMEMBERS-AT-LARGE ELECTED; PROVIDING
THAT THE MAY 9,2009,GENERAL CITY ELECTION SHALL
NOT BE HELD; CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES INCONSISTENT OR IN
CONFLICT HEREWITH.
WHEREAS, the City Council of the City of Beaumont by Ordinance No. 09-005
dated February 10, 2009, ordered a General Election to be held on May 9, 2009, for the
purpose of electing a Mayor, four Ward Councilmembers (Wards I, II, III and IV) and two
(2) Councilmembers-At-Large of the City; and
WHEREAS, notice of said election was given in accordance with State law; and
WHEREAS, pursuant to the Order and Section 146.054, Texas Election Code, the
deadlines for filing applications for a place on the ballot of the City's General Election has
expired; and
WHEREAS, the City Clerk, in accordance with Section 2.052,Texas Election Code,
has certified to the City Council, in writing, that Becky Ames is unopposed for the election
to the office of Mayor, Alan B. Coleman is unopposed for the election to the office of
Councilmember Ward I, Nancy Beaulieu is unopposed for the election to the office of
Councilmember Ward II, Audwin M. Samuel is unopposed for the election to the office of
Councilmember Ward III, Jamie D. Smith is unopposed for the election to the office of
Councilmember Ward IV, W.L. Pate Jr. is unopposed for the election to the office of
Councilmember At-Large and Gethrel "Get"Williams-Wright is unopposed for the election
to the office of Councilmember At-Large.
WHEREAS, the City Council hereby finds and determines that each candidate
whose name is to appear on the ballot in said election is unopposed, and no proposition
is to appear on the ballot for such election and, under these circumstances, Section 2.053,
Texas Election Code, authorizes the City Council to declare the candidates elected to
office and cancel the election.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
Section 1.
The facts and matters set forth in the preamble of this Ordinance are hereby found
to be true and correct.
Section 2.
In accordance with Section 2.053, Texas Election Code, the following unopposed
candidates are hereby declared elected to the respective offices shown, and shall be
issued a certificate of election following the time the election would have been canvassed:
Mayor Becky Ames
Councilmember Ward I Alan B. Coleman
Councilmember Ward II Nancy Beaulieu
Councilmember Ward III Audwin M. Samuel
Councilmember Ward IV Jamie D. Smith
Councilmember At-Large W.L. Pate Jr.
Councilmember At-Large Gethrel "Get" Williams-Wright
Section 3.
Pursuant to Section 2.053(b),Texas Election Code,the General Election heretofore
called and ordered by the City Council of the City of Beaumont, for the 9" day of May
2009, shall not be held and is hereby cancelled.
Section 4.
The City Clerk is hereby directed to cause a copy of this Ordinance to be posted on
Election Day, same being May 9, 2009, at the polling places that would have been used
in such election.
Section 5.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgement or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
Section 6.
All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the
extent of such inconsistency or conflict, hereby repealed.
PASSED, APPROVED and ADOPTED this 24th day of March, 2009.
Becky Ames, Mayor
ATTEST:
Tina Broussard, TRMC
City Clerk
2
March 24, 2009
Consider an ordinance establishing a Photographic Traffic Signal Enforcement System(Red Light
Camera System)
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: March 24, 2009
REQUESTED ACTION: Council consider not adopting an ordinance establishing a
Photographic Traffic Signal Enforcement System(Red
Light Camera System).
RECOMMENDATION
The Administration recommends City Council not adopt an ordinance establishing a Photographic
Traffic Signal Enforcement System(Red Light Camera System). Over the past year, the
Administration has reviewed and discussed this issue extensively and has found conflicting studies
and information related to the overall benefits of the system. As a result, the recommendation is
to not enact an ordinance at this time.
BACKGROUND
State statute allows municipalities to implement a civil penalty by ordinance for anyone who
disobeys a red light and is caught by a photographic traffic signal enforcement system. State law
allows the presumption that the registered owner of a vehicle is responsible for the penalty.
On August 28, 2007, the Council approved a contract for photographic traffic signal enforcement
services with American Traffic Solutions, Inc., or ATS of Scottsdale, Arizona. The term of the
agreement is for five(5)years beginning on the date of the first issued and payable notice of
violation. ATS would install and maintain the camera equipment, evaluate each photographed
incident for accuracy, identify the registered owner of the vehicle photographed, and present the
information to the Police Department for review. ATS would also provide a secure website for
the violator to review the images and pay the fine. Fees would be collected by ATS through both
secure online payments and a mail-in check service. The contract with ATS would be a cost
neutral contract designed such that the fees from citations collected each month would cover the
fees owed to the vendor and the related expenditures of the City to administer the program. At a
minimum, two part-time employees would need to be hired to review the photographed incidents
for accuracy at $15 per hour each. The annual cost for the part-time employees is estimated to be
in excess of$60,000.
Photographic Traffic Signal Enforcement System
March 24, 2009
Page 2
ATS would be paid a fee, from citations collected, not to exceed $4,821.25 per month for each
intersection approach. Should fees owed to the vendor exceed those collected from violators, the
City would pay no more than the fees collected during the month, leaving the difference to be paid
in future months when collections exceed monthly fees owed. In accordance with State statute,
excess fees received by the City beyond the costs associated with this program would be divided
equally with the State. Any portion retained by the City would be restricted to funding traffic
safety programs, including pedestrian safety programs, public safety programs, intersection
improvements, and traffic enforcement.
In November 2007, ATS performed a traffic safety study to determine which city intersections
most warrant installation of the cameras. In January 2008, the intersection and approach list
below was selected.
Concord and Delaware (2 approaches)
Concord and East Lucas
Dowlen and Delaware (2 approaches)
Dowlen and Folsom (2 approaches)
Dowlen and Old Dowlen (2 approaches)
East Lucas and Helbig
On March 25, 2008, the City Council deferred taking action to adopt an ordinance establishing a
Photographic Traffic Signal Enforcement System(Red Light Camera System). On March 10,
2009, the City Council discussed the Red Light Camera issue in a work session and held a public
hearing.
The attached ordinance would establish the process for the administration of the system as well as
the civil penalty of$75.00 and late fee of$25.00 for the violation of Texas Transportation Code
Sec. 544.007(d).
BUDGETARY IMPACT
It is unknown at this time if and when the fees collected from citations would exceed the fees due
to ATS each month or how much the City would ultimately retain for traffic safety programs.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS,
AMENDING CHAPTER 26 OF THE CODE
OF ORDINANCES BY ESTABLISHING A
PHOTOGRAPHIC TRAFFIC ENFORCEMENT SYSTEM
(RED LIGHT CAMERA SYSTEM) AND PROVIDING FOR:
PREAMBLE, PURPOSE, APPLICABILITY, AND
FINDINGS; DEFINITIONS; OFFENSE FOR A MOTOR
VEHICLE TO VIOLATE 544.004 TEXAS
TRANSPORTATION CODE; PROVIDING FOR THE
ADMINISTRATION OF THE SYSTEM THROUGH THE
POLICE AND PUBLIC WORKS DEPARTMENTS AND THE
MUNICIPAL COURT; ESTABLISHING CERTAIN
AFFIRMATIVE DEFENSES; PENALTIES INCLUDING A
CIVIL PENALTY NOT TO EXCEED $75.00 AND A LATE
FEE OF $25.00; PROVIDING AN ADMINISTRATIVE
ADJUDICATION HEARING PROCESS TO CONTEST A
VIOLATION; APPEAL TO MUNICIPAL COURT;
SEVERABILITY; REPEAL OF CONFLICTING
ORDINANCES; EFFECTIVE DATE; AND PROPER
NOTICE AND MEETING.
WHEREAS, the City Council of the City of Beaumont, Texas, (city "City Council")
seeks to promote the health, safety and welfare of the citizens of the City of Beaumont,
Texas (the "City"); and
WHEREAS,pursuant to Texas Local Government Code section 51.001,the City has
authority to adopt ordinances that are for the good government, peace, or order of the
municipality or for the trade and commerce of the municipality and that are necessary to
carry out powers granted to the City; and
WHEREAS, pursuant to Texas Local Government Code section 54.004, the City
may enforce ordinances necessary to protect health, life and property and to preserve the
good government, order and security of the City and its inhabitants; and
WHEREAS, pursuant to the Texas Constitution, article XI, section 5, and Texas
Local Government Code section 51.072, the City, as a home-rule municipality, has full
power of local self government; and
WHEREAS, pursuant to Texas Transportation Code section 542.202 authorizes
municipalities to, among other things, regulate traffic by traffic-control devices through
criminal, civil, and administrative enforcement methods; and
WHEREAS, the City Council finds that a motor vehicle that fails to comply with an
official traffic control device endangers motorvehicle operators and pedestrians,decreases
the efficiency of traffic control and traffic flow of the City, and increases the number of
accidents to which public safety agencies must respond at the expense of taxpayers; and
WHEREAS, it is not the intent or purpose of this Ordinance to raise significant
revenue for the City or intrude upon individual liberties but rather to increase safety,
increase motorists consciousness and reduce property loss due to motorists running red
lights; and
WHEREAS, the City has implemented a public education and awareness program
regarding the implementation of this Ordinance including public media,press releases,and
mailings;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT, TEXAS:
SECTION I. PREAMBLE, PURPOSE, APPLICABILITY, AND FINDINGS.
A. All of the recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby approved and made a part of this Ordinance for all purposes and
are adopted as a part of the judgement and findings of the City Council.
B. It is the purpose of this Ordinance to implement a photographic traffic enforcement
system program in order to promote health, safety and general welfare of the citizens of
the City by reducing the hazards of running red lights, in accordance with Chapter 707 of
the Texas Transportation Code. The provisions of this Ordinance have neither the purpose
nor effect of intruding upon individual liberties.
C. This Ordinance shall apply within the corporate boundaries of the City of Beaumont,
Texas.
SECTION II. DEFINITIONS.
Words and phrases used in this Ordinance shall have the meanings set forth in this
Section, unless the context of their usage requires otherwise. Words and phrases that are
not defined below shall be given their common, ordinary meaning unless the context clearly
requires otherwise. When not inconsistent with the context, words used in the present
tense shall include the future tense (and vice versa); words in the plural number shall
include the singular number (and vice versa); and words in the masculine gender shall
include feminine gender (and vice versa). Headings and captions are for reference
purposes only.
Department shall mean the Police Department of the City of Beaumont, Texas.
Intersection shall mean the place or area where two or more streets intersect.
Motor Vehicle or Vehicle shall mean any motor vehicle subject to registration
pursuant to the Texas Certificate of Title Act (Chapter 501 of the Texas Transportation
Code).
Notice of Violation shall mean a notice mailed to a person identified as having
violated this Ordinance and that complies with the content requirements set out in this
Ordinance. A notice of violation is not a criminal citation.
Owner shall mean the owner of a motor vehicle as shown on the motor vehicle
registration records of the Texas Department of Transportation or the analogous
department or agency of another state or country. The term "owner" includes:
1. a lessee of a motor vehicle under a lease of six months or more; or
2. the lessee of a motor vehicle from a motor vehicle rental or leasing company,
but does not include the motor vehicle rental or leasing company itself.
Photographic Traffic Enforcement System or System means a system that:
1. consists of a camera and vehicle sensor installed to work in conjunction with an
electrically operated traffic control signal; and
2. is capable of producing, depicting, photographing or recording at least two
recorded images of a license plate attached to the front or rear of a motor vehicle that is
not operated in compliance with the instructions of the traffic control signal.
Recorded Image means an image recorded by a photographic traffic enforcement
system that depicts the license plate attached to the front or rear of a motor vehicle.
System Location means the approach to an intersection toward which a
photographic traffic enforcement system is directed and in operation.
Traffic Control Signal means a traffic control device as defined by section 541.304
of the Texas Transportation Code.
SECTION III. LIABILITY.
The owner of a motor vehicle is liable for a civil penalty if, while facing only a steady
red signal displayed by a traffic control signal, the vehicle is operated in violation of the
instructions of that traffic control signal, as specified by the Texas Transportation Code
Section 544.007 (d).
N
SECTION IV. ADMINISTRATION OF PHOTOGRAPHIC TRAFFIC ENFORCEMENT
SYSTEM.
A. The Department, in conjunction with the Public Works Department and the
Municipal Court, shall implement, administer, and enforce the City's photographic traffic
enforcement system and shall maintain a list of system locations where photographic traffic
enforcement systems are installed.
B. All enforcement records including, but not limited to,a recorded image resulting from
a photographic traffic enforcement system may be confidential to the extent allowed by
state law.
C. Signs shall be posted and maintained advising motorists that photographic traffic
enforcement systems are in operation, in compliance with the Texas Transportation Code.
The Department shall only issue warning notices (rather than notices of violation) for the
first thirty (30) days of operation of a new photographic traffic enforcement system.
Warning notices shall contain the same information required by Section IV.E.
D. A notice of violation shall be mailed to the owner of the motor vehicle no later than
seven (7) days after the date the Violation is alleged to have occurred. The notice of
violation shall be mailed to:
1. the owner's address as indicated on the registration records of the Texas
Department of Transportation; or
2. if the vehicle is registered in another state or country, the owner's address
as shown on the motor vehicle registration records of the department or agency of
the other state or country that is analogous to the Texas Department of
Transportation.
E. A notice of violation shall contain the following information:
1. a description of the alleged violation;
2. location of the intersection where the violation occurred;
3. the date and time of the violation;
4. the name and address of the owner of the vehicle involved in the violation;
5. the registration number displayed on the license plate of the vehicle involved
in the violation;
6. a copy of a recorded image depicting the license plate number of the vehicle;
7. the amount of the civil penalty to be imposed for the violation;
8. the date by which the civil penalty must be paid;
9. a statement that a recorded image is evidence in a proceeding for the
imposition of a civil penalty;
10. a statement that the owner of the vehicle in the notice may pay the civil
penalty by mail sent to a specified address instead of appearing at the time and
place of the administrative adjudication hearing;
11. information informing the person named in the notice of violation:
a. of the right to contest the imposition of the civil penalty in an
administrative adjudication hearing;
b. of the manner and time in which the civil penalty may be contested;
C. that failure to pay the civil penalty or contest liability in a timely manner
is an admission of liability;
d. that failure to appear at an administrative adjudication hearing after
having requested a hearing is an admission of liability;
e. that failure to timely pay the civil penalty may result in the imposition
of a late payment fee of$25.00;
12. any other information the Department deems prudent and necessary.
F. No notice of violation shall be issued and no civil penalty shall be imposed if the
Department determines that the motorist was arrested was issued a criminal citation n
p and
notice to appear, or was issued a warning by a duly authorized peace officer for a violation
of section 544.007(d) of the Texas Transportation Code recorded by the photographic
traffic enforcement system.
G. No notice of violation shall be issued if the quality of the image captured by the
system is so inferior as to prohibit positive identification of the license plate.
H. A notice of violation under this Section is presumed to have been received on the
tenth (10'h)day after the date the notice of violation was mailed. All notices shall be mailed
U.S. First Class Mail, return receipt requested.
I. The Notice of Violation is deemed to be late on the 301h day after such notice is
mailed. At that time a $25.00 late fee will be imposed.
J. In lieu of issuing a notice of violation, the Department may mail a warning notice to
the owner that must contain the information in Section IV.E.
SECTION V. AFFIRMATIVE DEFENSE.
The owner of the motor vehicle shall be responsible for a violation of this Ordinance,
unless the owner can, by preponderance of the evidence, show that:
1. the traffic-control signal was not in proper position and sufficiently legible to
an ordinarily observant person, or;
2. the operator of the motor vehicle was acting in compliance with the lawful
order or direction of a police officer, or;
3. the operator of the motor vehicle was lawfully participating in a funeral
procession, or;
4. the operator of the motor vehicle violated the instructions of the traffic-control
signal so as to yield the right-of-way to an immediately approaching authorized
emergency vehicle, or;
5. the motor vehicle was being operated erated as an authorized emergency vehicle
g Y
under Chapter 546 of the Texas Transportation Code and the operator was acting
in compliance with that Chapter, or;
6. the motor vehicle was a stolen vehicle and being operated by a person other
than the owner of the vehicle without the effective consent of the owner, or;
7. the license plate depicted in the recorded image of the violation was a stolen
plate and being displayed on a motor vehicle other than the motor vehicle for which
the plate has been issued, or;
8. the motor vehicle was leased or rented, or;
9. the presence of ice, snow, unusual amounts of rain or other unusually
hazardous road conditions existed that made compliance with this Ordinance more
dangerous under the circumstances than non-compliance, or;
10. the owner was not the owner of the motor vehicle at the time of the violation,
or;
11. the owner was arrested, was issued a criminal citation and notice to appear
or was issued a warning by a duty authorized peace officer for a violation of section
544.007(d) of the Texas Transportation Code recorded by the photographic traffic
enforcement system.
SECTION VI. PENALTY; ENFORCEMENT.
A. A violation of this Ordinance shall be deemed a noncriminal violation for which a civil
penalty will be assessed. The imposition of a civil penalty under this Ordinance is not a
criminal conviction and may not be considered a criminal conviction for any purpose.
B. The civil penalty for which the owner or, when applicable, the operator is liable is
Seventy-Five Dollars and No Cents ($75.00).
C. A person who fails to pay a civil penalty within the time allowed by this Ordinance
shall be additionally liable for the late-payment fee of Twenty-Five Dollars and No Cents
($25.00).
D. The City Attorney is authorized to file suit to enforce collection of a civil penalty
assessed under this Ordinance.
SECTION VII. ADMINISTRATIVE ADJUDICATION HEARING.
A. A Person who receives a notice of violation under this Ordinance may contest the
imposition of the civil penalty by filing a written request for an administrative adjudication
hearing. The request for a hearing must be filed on or before the date specified in the
notice of violation, which may not be earlier than the 30" day after the date the notice of
violation was mailed.
B. The Department shall establish an administrative process to review objections to
violation notices. This process shall include the selection of a hearing officer(s)who shall
preside over the administrative adjudication hearing. Hearing officers shall have the
authority to administer oaths and to issue orders compelling the attendance of witnesses
and production of documents. In the hearing, the issues must be proven by a
preponderance of the evidence.
C. Failure to pay a civil penalty or contest liability for the penalty in a timely manner is
an admission in the full amount of the civil penalty assessed in the notice of violation and
constitutes a waiver of the right to appeal under Section VIII of this Ordinance.
D. Failure to appear at an administrative adjudication hearing after having requested
a hearing is an admission of liability for the full amount of the civil penalty stated in the
notice of violation and constitutes a waiver of the right to appeal under Section VIII of this
Ordinance.
E. The civil penalty shall not be assessed if, after the hearing,the hearing officer enters
a finding of no liability.
F. In an administrative adjudication hearing, the issues must be proven by a
preponderance of the evidence. The reliability of the photographic traffic enforcement
system used to produce the recorded image of the violation may be attested to in an
administrative adjudication hearing by affidavit of an officer or employee of the City or the
entity with which the City contracts to install or operate the system and who is responsible
for inspecting and maintaining the system. An affidavit of an officer or employee of the City
that alleges a violation based on an inspection of the applicable recorded image is
admissible in a proceeding under this Ordinance; and is evidence of the facts contained
in the affidavit; and is prima facie evidence of the violation alleged in the notice of
violation.
G. Notwithstanding anything in this Ordinance, a person who receives a notice of
violation and who fails to timely pay the amount of the civil penalty or fails to timely request
an administrative adjudication hearing is entitled to an administrative adjudication hearing
if:
1. the person submits a written request for a hearing to the designated hearing
officer accompanied by an affidavit stating the date on which the person received
the notice of violation; and
2. the written request and affidavit are submitted to the hearing officerwithin the
same number of days after the date the person received the notice of violation as
specified in Section IV (E) (8).
H. The findings of the administrative adjudication hearing shall be filed with a person
designated by the Department.
SECTION VIII. APPEAL.
The owner of a motor vehicle who is found liable after an administrative adjudication
hearing may appeal that finding of liability to the Municipal Court by filing an appeal petition
with the clerk of the Municipal Court. The request for appeal shall include payment of a
$50.00 appeal fee to the court. The notice of appeal must be filed, in writing, not later than
the 31St day after the date on which the administrative adjudication hearing officer enters
the finding of liability. An appeal shall be determined by the Municipal Court by trial de
novo. The affidavits submitted under VI1.F. shall be submitted to the municipal judge in the
trial de novo, and the issues must be proven by a preponderance of the evidence.
SECTION IX. SEVERABILITY.
Should any part, sentence or phrase of this Ordinance be determined to be
unlawful, void or unenforceable, the validity of the remaining portions of this Ordinance
shall not be adversely affected. No portion of this Ordinance shall fail or become
inoperative by reason of the invalidity of any other part. All provisions of this Ordinance are
severable.
SECTION X. REPEALER.
All ordinances or parts of ordinances in force when the provisions of this Ordinance
becomes effective which are inconsistent or in conflict with the terms and provisions
contained in this Ordinance are hereby repealed only to the extent of such conflict.
SECTION XI. EFFECTIVE DATE.
This Ordinance shall be and become effective immediately upon and after its
passage and publications as may be required by governing law.
SECTION XII. PROPER NOTICE AND MEETING.
It is hereby officially found and determined that the meeting at which this Ordinance
was passed was open to the public and that the public notice of the time, place and
purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of
the Texas Government Code.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
March, 2009.
CITY OF BEAUMONT, TEXAS
MAYOR BECKY AMES
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
3
March 24,2009
Consider a request for a zone change from GC-MD (General Commercial-Multiple Family
Dwelling)District, LI (Light Industrial)District and HI (Heavy Industrial)District to CBD
(Central Business District) and from LI(Light Industrial)District to RCR(Residential
Conservation and Revitalization)District for the property located at 1076-1460 Calder, 1045-
1475 Broadway, 1054-1428 Liberty, 1065-1438 Laurel, 1168-1358 South, 798-1060 Bonham,
500-1000 Blocks of Crockett, 500 - 1000 Blocks of Fannin, 500 - 1000 Blocks of Bowie, 1000
Block of Forsythe, 967-978 Wall, 702-995 College, 100-500 Blocks of Forrest, 100-500 Blocks
of Center, 100-500 Blocks of Ewing, 100-500 Blocks of Oakland, 100- 500 Blocks of M. L.
King Parkway, 700-900 Blocks of Holmes, 300-600 Blocks& 800-900 Blocks of Archie, 300-
600 Blocks and 800-900 Blocks of Jefferson, 500 - 600 Blocks& 800-900 Blocks of Trinity,
200-300 Blocks& 500 Block of Neches, 200400 Blocks of Elizabeth, 300400 Blocks of Pine,
200-300 Blocks of Tevis, 400 Block of Walnut, 100400 Blocks of Cypress, 700-800 Blocks of
Main
RICH WITH OPPORTUNITY
BEA,UMON*
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: March 24, 2009
REQUESTED ACTION: Council consider a request for a zone change from GC-MD
(General Commercial-Multiple Family Dwelling)District, LI
(Light Industrial)District and HI(Heavy Industrial)District
to CBD (Central Business District) and from LI (Light
Industrial)District to RCR(Residential Conservation and
Revitalization)District for the property located at 1076-
1460 Calder, 1045-1475 Broadway, 1054-1428 Liberty,
1065-1438 Laurel, 1168-1358 South, 798-1060 Bonham,
500-1000 Blocks of Crockett, 500- 1000 Blocks of
Fannin, 500 - 1000 Blocks of Bowie, 1000 Block of
Forsythe, 967-978 Wall, 702-995 College, 100-500 Blocks
of Forrest, 100-500 Blocks of Center, 100-500 Blocks of
Ewing, 100-500 Blocks of Oakland, 100 - 500 Blocks of M.
L. King Parkway, 700-900 Blocks of Holmes, 300-600
Blocks& 800-900 Blocks of Archie, 300-600 Blocks and
800-900 Blocks of Jefferson, 500- 600 Blocks& 800-900
Blocks of Trinity, 200-300 Blocks& 500 Block of Neches,
200-400 Blocks of Elizabeth, 300400 Blocks of Pine, 200-
300 Blocks of Tevis, 400 Block of Walnut, 100-400 Blocks
of Cypress, 700-800 Blocks of Main.
RECOMMENDATION
The Administration recommends that this request be sent back to the Planning Commission to
allow for additional review, including changes to the proposed zoning district boundaries, as well
as a proposed chart, outlining permissible uses within the CBD district.
BACKGROUND
Due to ongoing private and public investment, Downtown Beaumont is continuing its
revitalization. This revitalization comes after years of disinvestment caused by development
patterns shifting toward the suburbs. As existing buildings like the Kyle Building, Century Tower
and Crockett Street have been restored, new buildings like Cathedral Square have been
constructed. As the City continues to reinvest in Downtown, the need to protect current and
future investments has increased. One important way to help protect current investments and to
attract new interest is to provide enhanced control of land use.
More than $100 million in private and public money has been invested in Downtown Beaumont
over the past 15 years. Also, the City is in the process of building its new Downtown Event
Center and Park. In order to protect these investments and provide a level of security of
investment for future developers, enhanced land use controls are needed.
Currently, large parts of Downtown Beaumont are zoned for heavy and light industrial uses.
These zoning categories permit such uses as mobile home dealerships, paper and steel mills and
chemical plants, some without any requirement for approval by the Planning Commission and City
Council. While these uses are certainly needed in our community, locating them in our
revitalizing downtown may not be for the best. Also, while some of these uses are currently in
our downtown, their location on the periphery and their limited numbers make them somewhat
compatible to current levels of redevelopment. However, limiting future uses to the core of
downtown and closer to the new park, allows for future redevelopment that would be better
suited to a revitalized Downtown Beaumont.
To this end, Planning staff recommends expanding the CBD zoning as illustrated on the attached
map. In addition, there is one lot in Block 11, Beaumont Addition, that is owned by the Catholic
Diocese of Beaumont. The entire block is the site of a new chancery being built by the church.
Lot 5 is zoned LI while the rest of the lot is zoned RCR.
At a Joint Public Hearing held February 16, 2009, the Planning Commission recommended
approval 8:0 of a zone change from GC-MD(General Commercial-Multiple Family Dwelling)
District, LI(Light Industrial) District and HI (Heavy Industrial)District to CBD (Central
Business District) and from LI (Light Industrial)District to RCR(Residential Conservation and
Revitalization)District, subject to waiving the application cost for specific use permits over the
next two years for the current property owners within the boundaries of the subject property.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY FROM GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING) DISTRICT, LI (LIGHT
INDUSTRIAL) DISTRICT AND HI (HEAVY INDUSTRIAL)
DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT AND
FROM LI (LIGHT INDUSTRIAL) DISTRICT TO RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT FOR THE PROPERTY LOCATED AT 1076 - 1460
CALDER; 1045 - 1475 BROADWAY; 1054 - 1428 LIBERTY;
1065 - 1438 LAUREL; 1168 - 1358 SOUTH; 798 - 1060
BONHAM; 500 - 1000 BLOCKS OF CROCKETT; 500 - 1000
BLOCKS OF FANNIN; 500 - 1000 BLOCKS OF BOWIE; 1000
BLOCK OF FORSYTHE; 967 - 978 WALL; 702 - 995
COLLEGE; 100 - 500 BLOCKS OF FORREST; 100 - 500
BLOCKS OF CENTER; 100- 500 BLOCKS OF EWING; 100 -
500 BLOCKS OF OAKLAND; 100 - 500 BLOCKS OF M. L.
KING; 700 - 900 BLOCKS OF HOLMES; 300 - 600 & 800 -
900 BLOCKS OF ARCHIE; 300 - 600 & 800 - 900 BLOCKS
OF JEFFERSON; 500 - 600 & 800 - 900 BLOCKS OF
TRINITY; 200 - 300 & 500 BLOCKS OF NECHES; 200 - 400
BLOCKS OF ELIZABETH; 300-400 BLOCKS OF PINE; 200-
300 BLOCKS OF TEVIS; 400 BLOCK WALNUT; 100 - 400
BLOCKS OF CYPRESS; 700 - 800 BLOCKS OF MAIN,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned GC-MD(General Commercial-Multiple Family Dwelling)
District, LI (Light Industrial) District and HI (Heavy Industrial) District to CBD (Central
Business District) and from LI (Light Industrial) District to RCR (Residential Conservation
and Revitalization) District for the property located at 1076 - 1460 Calder; 1045 - 1475
Broadway; 1054 - 1428 Liberty; 1065 - 1438 Laurel; 1168 - 1358 South; 798 - 1060
Bonham; 500 - 1000 Blocks of Crockett; 500 - 1000 Blocks of Fannin; 500 - 1000 Blocks
of Bowie; 1000 Block of Forsythe; 967 - 978 Wall; 702 - 995 College; 100 - 500 Blocks of
Forrest; 100 - 500 Blocks of Center; 100 - 500 Blocks of Ewing; 100 - 500 Blocks of
Oakland; 100 - 500 Blocks of M. L. King; 700 - 900 Blocks of Holmes; 300 - 600 & 800 -
900 Blocks of Archie; 300 - 600 & 800 - 900 Blocks of Jefferson; 500 - 600 & 800 - 900
Blocks of Trinity; 200 - 300 & 500 Blocks of Neches; 200 -400 Blocks of Elizabeth; 300 -
400 Blocks of Pine; 200 - 300 Blocks of Tevis; 400 Block Walnut; 100 - 400 Blocks of
Cypress; 700 - 800 Blocks of Main, said property more specifically described below and
shown on Exhibit "A" attached hereto, subject to waiving the application cost for specific
use permits over the next two (2) years for the current property owners within the
boundaries of the subject property:
GC-MD. LI AND HI TO CBD - Being Lots 9-16, Block 3; Lots 9-12, Block 4;
Lots 5-12, Block 6; Blocks 7-10; Blocks 13-16; Lots 5-12, Block 17; Lots 5-
12, Block 22, Blocks 23-26; Blocks 30-34; Lots 7-12, Block 37; Lots 7-12,
Block 38; Lots 7-12, Block 39, Calder Addition; Tracts 43, 45, 45A, 46-49
and Part of Tract 47, Plat E; Lots 554-558, Block 4; Lots 564-568, Block 5;
Lots 574-578,Block 6; Lots 580-586, Block 7; Blocks 19-21; Blocks 26-27;
Blocks 30, 59,64; Lots 499-503, Block 65; Blocks 67-68, Beaumont Addition;
Block 4; Lots 1-7, Block 9; Blocks 12-13; Lots 7-12, Block 14; Lots 7-12,
Block 15; Lots 7-10, Block 16; Blocks 19-27; Blocks 29-32; Block 6813;Tracts
B&C,Van Wormer Addition; Blocks 1-9, McMillan Addition and Plat B,Tract
24, City of Beaumont, Jefferson County, Texas, containing 159.98 acres,
more or less.
LI TO RCR - Being Lot 5, Block 11, Beaumont Addition, City of Beaumont,
Jefferson County, Texas, containing 0.14 acres, more or less.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
March, 2009.
- Mayor Becky Ames -
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March 24, 2009
Consider approving a contract for a Workers' Compensation Third Party Administrator
RICH WITH OPPORTUNITY
17L A� �
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: March 24, 2009
REQUESTED ACTION: Council consider authorizing the award of contract for a
Workers' Compensation Third Party Administrator.
RECOMMENDATION
The Administration recommends the award of a contract to Abercrombie, Simmons and Gillette
(AS&G) Claims Administration of Houston, Texas in the estimated annual amount of$63,600.
BACKGROUND
Request for Proposals were solicited for a one (1) year contract for the self insured workers'
compensation program's third party administrator(TPA). There is an option to renew up to an
additional four (4) years at the annual costs stated below.
Request for Proposals were sent to twenty-five (25) potential responders. Nine (9) responses
were received. All proposals were evaluated with the criteria provided in the request for
proposal. After the initial evaluation the three highest ranking respondents were invited to meet
with City representatives to further review and discuss their proposals. The respondents were
AS&G Claims Administration, Tristar, and Health First TPA. These respondents were allowed
to provide a best and final offer which was evaluated with a different set of criteria as outlined in
the request for proposal.
AS&G Claims Administration is the current provider for Workers' Compensation TPA and the
cost is $62,500 per year. The best and final offer for AS&G Claims Administration is as
follows:
Contract year Option year Option year Option year Option year
1 2 3 4
Total Cost $63,600 $63,600 $63,824 $63,824 $64,828
Page 2
March 24, 2009
Third Party Administrator
The evaluation of the best and final offer is as follows:
Criteria Maximum AS&G Tristar Health
points First TPA
allowed
Ability to provide all services detailed in 70 65 63 53
"specific requirements," understanding and
acceptance of scope of services, background
of firm, specific experience, other resources.
Relevant experience of firm. Proven 20 18 17 12
experience providing services detailed in
"specific requirements."
Cost of Services 10 10 6 3
Total 100 93 86 68
BUDGETARY IMPACT
Funds are available in the Employee Benefits 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 enter into a one (1) year
contract with Abercrombie, Simmons & Gillette, Inc., effective April 1, 2009, to administer
the City's self-insured workers'compensation program for$63,600 with the option to renew
for four(4) additional years at the rates of$63,600 for option year one, $64,824 for option
years two and three, and $64,828 for option year four.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
March, 2009.
- Mayor Becky Ames -
5
March 24, 2009
Consider amending Section 20-21 of the Code of Ordinances relating to rental rates for the
Rogers Park Community Center, Alice Keith Community Center and the Northend Community
Center
RICH WITH OPPORTUNITY
BEAIIMON*
T • E `. x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Claudie D. Hawkins, Director of
Event Facilities and Libraries
MEETING DATE: March 24, 2009
REQUESTED ACTION: Council consider amending Section 20-21 of the Code of
Ordinances relating to rental rates for the Rogers Park
Community Center, Alice Keith Community Center and the
Northend Community Center.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
On January 15, 2008, Council approved rental rates for the Central Park Community Center at $50
per hour (two-hour minimum) and $25 for the set-up and take-down of tables and chairs. The
Administration recommends that the rental rates for similar size community centers be the same.
Rogers Park Community Center is planned to open in May 2009, Alice Keith Community Center in
the last quarter of 2009 and the Northend Community Center in early 2010.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 20,
ARTICLE II, SECTION 20-21(h) TO AMEND THE RENTAL
RATES FOR ROGERS PARK COMMUNITY CENTER,ALICE
KEITH COMMUNITY CENTER AND NORTHEND
COMMUNITY CENTER; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR REPEAL; AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Section 20-21(h) of the Code of Ordinances of the City of Beaumont is hereby
amended to read as follows:
Section 20-21. Use rate schedule.
(h) After midnight: When any of the facilities of the Civic Center complex are
used between the hours of 12:00 a.m. through 7:00 a.m., said use shall be at the following
hourly rates plus additional charges equal to the cost of operating a staff:
Civic Center, per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350.00
Civic Center Meeting Rooms, per hour . . . . . . . . . . . . . . . . . . . . . $75.00
Julie Rogers Theatre, per hour . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00
Julie Rogers Theatre Meeting Rooms, per hour . . . . . . . . . . . . . . $75.00
Jefferson Theatre, per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00
Harvest Club, per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00
The following rates shall apply to Central Park Community Center,Alice Keith Community
Center, Rogers Park Community Center and Northend Community Center:
Per hour (two-hour minimum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00
Set-up and take-down of tables and chairs . . . . . . . . . . . . . . . . . . $25.00
Set-up and take-down is allowed thirty (30) minutes
before and after any event.
The following rates will apply to the rental of the city showmobile:
Daily rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00
If out of city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . plus mileage
If rented for 10 or more days, daily rate . . . . . . . . . . . . . . . . . . . . $100.00
Daily rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00
If out of city . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . plus mileage
If rented for 10 or more days, daily rate . . . . . . . . . . . . . . . . . . . . $100.00
Section 2.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of
March, 2009.
- Mayor Becky Ames -
6
March 24,2009
Consider approving a resolution to adopt the Preliminary Budget of the 2009 Housing and Urban
Development (HUD) Consolidated Grant Program's Annual Action Plan
RICH WITH OPPORTUNITY
1
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: March 24, 2009
REQUESTED ACTION: Council conduct a Work Session, Public Hearing to receive
comments on, and subsequently consider a resolution to
adopt the Preliminary Budget of the 2009 Housing and
Urban Development (HUD) Consolidated Grant Program's
Annual Action Plan.
RECOMMENDATION
Administration recommends approving a resolution to adopt the Preliminary Budget of the 2009
HUD Consolidated Grant Program's Annual Action Plan.
BACKGROUND
As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council
has conducted public hearings and work sessions in previous years prior to adopting the City's
Annual Action Plan. Community Development Staff, along with other City of Beaumont staff and
the Community Development Advisory Committee (CDAC), hosted four(4)Public Hearings in
order to receive public comments on the process and activities related to the Preliminary 2009
Annual Action Plan. In accordance with the Citizen Participation Plan, a thirty(30) day comment
period, which allows citizens a reasonable time to submit written comments, will follow the
adoption of the 2009 Annual Action Plan. Prior to its submission to HUD for approval, City
Council will consider adopting the final Draft of the Annual Action Plan on or about April 21,
2009.
BUDGETARY IMPACT
The 2009 Preliminary budget totaling $2,617,936 is comprised of Community Development
Block Grant Funds($1,784,969), HOME Investment Partnership funds($732,967) and estimated
Program Income ($100,000).
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby adopts the Preliminary Budget of the 2009 HUD
Consolidated Grant Program's Annual Action Plan. The Plan Budget 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 24th day of
March, 2009.
- Mayor Becky Ames -
2009 HUD CONSOLIDATED GRANT PROGRAM
(PRELIMINARY BUDGET)
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)
2009 Proposed
Bud 2d
HOUSING
Housing Rehabilitation $ 200,000
Funds will be used to repair seven to eight homes,primarily for low to
moderate income senior citizens with a disability.
Housing Rehabilitation Administration 112,000
Funds will be used for personnel and operating expenses necessary for
compliance with the Housing Rehabilitation activity.
INTERIM ASSISTANCE
Elderly/Disabled Code Assistance 30,000
Funds will be used to assist in minor sewer repairs,tree and shrub removal
and other activities associated with code enforcement for homes
owned by primarily low�moderate income elderly/disabled citizens.
CLEARANCE AND DEMOLITION
Clearance and Demolition 237,969
Funds will be used to demolish approx 59 unsafe,unsanitary and
uninhabitable residential structures in low to moderate income areas
At a cost of approximately $3,000 each.
PUBLIC FACILITY AND IMPROVEMENTS
Section 108 Debt Service 830,000
PUBLIC SERVICE
Non Profit Agencies 125,000
Funds will be used for construction,renovation and other needs
of various nonprofit organizations.
PLANNING AND ADMINISTRATION(13 0/9) 250,000
Funds will be used for personnel and operating expenses necessary for
compliance with the planning,execution,and regulatory requirements
of the HUD Consolidated Grant Program
TOTAL CDBG 1,784,969
ESTIMATED PROGRAM INCOME:
Small Business Revolving Loan Fund 60,000
Historic Loan Preservation Fund 25,000
Clearance and Demolition 15,000
TOTAL ESTIMATED PROGRAM INCOME 100,000
TOTAL CDBG AND PROGRAM INCOME $ 1,854969
EXHIBIT "A"
HOME INVESTMENT PARTNERSHIP GRANT(HOME)
HOME ADMINISTRATION(10%) $ 73,296
Funds will be used for personnel and operating expenses necessary for
compliance with the planning,execution,and regulatory requirements
of the HUD HOME Program.
CHDO RESERVE (15%) 109,945
Funds will be set aside for Community Housing Development Organizations
to develop affordable housing. Funds will also be used for acquisition/
rehabilitation of affordable housing that will be lease-purchased to eligible
families.
DOWN PAYMENT ASSISTANCE PROGRAM 200,000
Funds will be used to assist low to moderate income families who are first time
home buyers with down payment assistance,closing costs,and principal
mortgage buy downs.
AFFORDABLE HOUSING PROGRAM 349,726
Funds will be used to assist nonprofit and/or for profit developers with the
development,acquisition and/or rehabilitation of affordable housing that will
be sold or leased to low to moderate income families. Funds will also be
used for project delivery costs such as down payment assistance,closing costs,
principal mortgage buy downs,site preparation,infrastructure and other eligible
costs. Additionally,funds will be used to assist developers with eligible project
costs associated with the development and/or rehabilitation of multi family
housing units. Yunds will also be used for owner occupied rehabilitation to
assist homeowners with repairs to their principal residence.
TOTAL HOME $ 732,967
TOTAL 2009 PROPOSED BUDGET $ 2,617,936