HomeMy WebLinkAboutPACKET NOV 02 2010 RICH WITH OPPORTUNITY
BE AUMON*
T • E • % • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 2,2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes-October 19,2010
* Confirmation of committee appointments
Paula Blazek would be appointed to the Civil Service Commission. The term would commence
November 2,2010 and expire November 1,2013. (City Manager Kyle Hayes)
A) Approve an addendum to the Treasury Management Master Services Agreement with
Capital One Bank to include image cash letter services
B) Approve the purchase of three Chevrolet Tahoes for use by the Police Department
C) Authorize an interlocal agreement with the cities of Port Neches,Nederland and Groves
to purchase like goods, services and contracts
D) Approve a payment to the South East Texas Regional Planning Commission for fiscal
year 2011 dues
E) Authorize the City Manager to execute all documents necessary for an affiliation
agreement between the City of Beaumont EMS and Emergency Medical Educators
F) Approve a change order in the amount of$13,286.66 related to the contract for the 23'd
Street Lift Station Rehabilitation Project
G) Authorize the acquisition of property for the Concord Road Pavement Widening Project
A
RICH WITH OPPORTUNITY
11E.A,UM0N*
T • E • $ • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider approving an addendum to the Treasury
Management Master Services Agreement with Capital One
Bank to include image cash letter services.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Currently, the Cash Management Division collects customer checks for the payment of water
utility bills. On a daily basis,those checks are processed through the City's Panini (a processing
machine that posts the payment to the financial software), then carried to the bank for deposit.
The bank processes those checks and charges a fee to encode the checks for the proper amount
written on the checks. Because the City's Panini machine is no longer serviced by the vendor, a
new machine has been acquired. The new machine has the capability of sending images of the
checks to the bank on a daily basis. Those images are processed just as a paper check would be
processed but there would be no need to encode the images, thus eliminating the encoding fees.
In order to begin sending these images to the bank, the current Treasury Management Master
Services Agreement must be amended to include the bank's image cash letter services.
A copy of the proposed image cash letter service addendum is attached for review.
BUDGETARYIMPACT
It is anticipated that the fees for this new service will be offset by the fees which will no longer be
charged due to the removal of encoding fees.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves an addendum to the Treasury Management Master
Services Agreement with Capital One Bank, attached hereto as Exhibit "A," to include
image cash letter services.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor.Becky Ames -
TREASURY MANAGEMENT- IMAGE CASH LETTER SERVICE ADDENDUM
This ADDENDUM describes Capital One,National Association's ("Bank") Image Cash Letter Service. This ADDENDUM
incorporates the Master Services Agreement,which shall be taken and considered as a part of this ADDENDUM as if it were
fully set forth herein. In the event of inconsistency between a provision of this Addendum and the Master Services
Agreement,the provisions of this Addendum shall prevail.
SECTION 1. DEFINITIONS. "Check" means an original check as defined in Regulation CC that is payable on demand,
whether negotiable or not, and payable or endorsed to Customer. "Imaged Item"means the digitized image of a Check that is
captured by Customer and transmitted to Bank using the Service.
SECTION 2. THE SERVICE. The Bank's Image Cash Letter Service("Service's permits Customer to transmit imaged Checks to
Bank,to be processed by Bank as Imaged Items. Customer shall provide through its own methods or devices the captured check images
and check data, including the magnetic ink character recognition formatting (MICR) information through electronic
transmissions.Customer authorizes Bank to process the Imaged Items as substitute checks, as may be applicable for further clearing
through any other financial institution,clearinghouse or the Federal Reserve Bank.
SECTION 3. PROCESSING. The Bank's cut-off time for Imaged Items to be processed on a same-day basis is 5:00 pm Cr
or 6:00 pm ET. Any Imaged Items received after this time will be processed on the next business day. Deposits will only be
processed on Bank business days. A schedule of the Bank's holidays can be provided upon request Imaged Items delivered by
the Service will be considered Y they are P Y deposited on the da th processed b the Bank and at the location where Bank or its
designated agent posts the credit to Customer's account.
SECTION 4. WARRANTIES. Customer warrants to Bank that:
(1) any image Customer transmits under this Addendum is a good and accurate image of the front and back of the Check;
(2) any image Customer transmits under this Addendum will comply with the x9.37 format, as required by the Metavante xVision
X9.37 Companion Guide,which is attached hereto and which Customer acknowledges receipt;
(3) any information Customer transmits to Bank pursuant to this Addendum accurately represents all of the information on
the front and back of the Check as of the time the Check was truncated, including without limitation: payment
instructions placed on the Check by,or as authorized by,the drawer,such as the amount of the Check,the payee,and the
drawers signature;information identifying the drawer and the paying bank that is preprinted on the Check,including the
MICR line;and other information placed on the Check prior to the time an image of the Check is captured,such as any
required identification written on the front of the Check and any endorsements applied to the back of the Check;and
(4) there will be no duplicate presentment of a Check in any form, including as an Imaged Item, as a paper negotiable
instrument or otherwise.
(5) Customer will not transmit any third-party Checks under the Service. Customer represents that Customer is not now
engaged and will not engage during the term of the Addendum in any business that would result in Customer being a
"money service business"as defined in the federal Bank Secrecy Act and its implementing regulations.
SECTION 5. SECURITY.
(1) Customer acknowledges that Checks and Imaged Items contain confidential and nonpublic person information about
Customer's customers. Customer shall completely and thoroughly destroy all Checks deposited pursuant to this
Addendum within a commercially reasonable period of time. Until the Checks are destroyed,Customer shall store them
in a safe and secure location. Customer will take appropriate security measures to ensure that only authorized persons
have access to Checks and that the information contained on the Checks or on any Imaged Item are not disclosed to
Capital One ConfidentialCapital One,N.A. •P.O.Box 61540•New Orleans,LA 70161 •888-822-2274
Page 1 of 7
Image Cash Letter 06/10
EXHIBIT "A"
unauthorized third parties,unless ordered to do so by the Texas Attorney General or a court of competent jurisdiction.If
so ordered,Customer agrees to immediately notify Bank,in writing,of same.
(2) Customer agrees to exercise due care in preserving the confidentiality of any user identification,password,test key,or
other authentication method provided by Bank or otherwise required for use of the Service. Customer assumes full
responsibility for the consequences of any unauthorized use of or access to the Service or disclosure of any
confidential information by Customer,its employees and agents.
(3) Customer acknowledges that Bank utilizes reasonable security procedures. Customer agrees to be responsible for any
transmission Bank processes or receives through the Service,even if it is not in fact authorized by Customer,provided
it includes a password or is otherwise processed by Bank in accordance with its security procedures. Customer also
acknowledges that when using a Third Party Agent to transmit Imaged Items, other than technical specifications
required by Bank, the Customer or Third Party Agent, not Bank,is solely responsible for establishing,maintaining and
following such security procedures as deemed necessary to ensure that files transmitted to Bank are intact, secure and
confidential until received by Bank.
SECTION 6. REQUESTED INFORMATION. Customer agrees to provide such information as requested by Bank in
order to qualify Customer for the Service, including without limitation, business activities, risk management processes,
geographic location, customer base, and employee policies. If qualified, Customer agrees to provide information and
documents as requested by Bank to facilitate investigations related to unusual transactions or poor quality transmissions or to
resolve disputes. Such documents may include copies of imaged documents or original documents,if available.
SECTION 7. SERVICE AVAILABILITY. Bank may at any time add,delete or change the features or functionality of the
Services at its sole discretion. Bank will notify Customer of the change as required by applicable law. If the change adversely
affects Customer's usage of the Service,Bank will attempt to notify Customer in advance of the change. The Service may at times
be unavailable to Customer, either with or without prior notice, for maintenance, security or other reasons, and Customer
acknowledges that factors beyond Bank's reasonable control may also cause the Service to be unavailable.If Customer is not able
to submit an image file via the Service,Customer should deliver the original Checks to the nearest Bank branch for deposit.
SECTION 8. REJECTION OF IMAGES. Bank reserves the right to refuse to process or reject any Imaged Items for any
reason at its sole discretion. Bank may from time to time establish Service limitations,which Customer must follow. Bank shall
provide Customer ten(10)days notice of any such limitations.
SECTION 9. RETURN OF ITEMS. Bank will process any returned Imaged Items in accordance with applicable law and
the deposit account agreement governing the account for which the Imaged Item is presented.
SECTION 10. THIRD PARTY AGENT.
(1) Customer may appoint,as its limited agent,with respect to the performance of any activities relating to the Service,a third
party to perform such activities (`Third Party Agent'. Customer shall be solely responsible for all actions and
obligations of such Third Party Agent under the Addendum as if they were the direct actions and obligations of
Customer itself. Customer acknowledges that, among other things, this means that Customer is liable for the Third
Party Agent's breaches of warranties and obligations under the Addendum,including liability for indemnification for
such breaches,as if the Customer breached such warranties and/or obligations itself.
(2) Customer agrees to notify Bank of each Third Party Agent it intends to use and other information that Bank may
require about the Third Party Agent. Failure to provide timely notice could result in the rejection of Imaged Items by
Bank. Bank may in its sole discretion choose not to accept Imaged Items from a Third Party Agent identified by
Customer. Notwithstanding any notification of Third Party Agent to Bank, Customer represents and warrants to
Bank that it has solely, independently and without reliance upon Bank, made its own appraisal of and investigation
Capital One ConfidentialCapital One,N.A. •P.O. Box 61540•New Orleans,LA 70161 •888-822-2274
Page 2 of 7
Image Cash Letter 06/10
CM ��a1' `"Bank
into the business, operations, intellectual property and other rights, financial, and other conditions, rights and
creditworthiness of any Third Party Agent based upon documentation and other information it as it has deemed
appropriate and made its own decision to enter into a relationship with any Third Party Agent. Customer also
represents and warrants to Bank that it will,independently and without reliance upon Bank,continue to make its own
analysis,appraisals and decisions with regard to any relationship with a Third Party Agent as it deems appropriate.
(3) Customer warrants to Capital One that any Third Party Agent is familiar with the relevant terms of the Addendum,and
shall at all times be in compliance with such terms,including without limitati on,image quality, prohibition of duplicate
items,and proper storage and destruction of original checks. By entering into this Addendum,Customer gives Bank the
right to communicate with the Third Party Agent in connection with the Service and to treat Third Party Agent
instructions as if the instructions were directly from Customer.
(4) Any software necessary for use of the Services by the Third Party Agent must be maintained by the Third Party Agent,
and must meet technical specifications acceptable to Bank,as described in Section 2 hereof.
SECTION 11. AUDIT. Bank may at its reasonable discretion conduct an on-site inspect of Customer's place of business to
ensure compliance with the provisions of this Addendum. Customer also agrees to provide to Bank upon request any internal
audits or assessments regarding compliance with the Addendum.
SECTION 12. INDEMNIFICATION. To the extent permitted by law,Customer will indemnify and hold the Bank harmless
from any liability,loss,injury or damage,including without limitation all incidental and consequential damages, together with all
related reasonable out-of-pocket costs and expenses,including legal fees, resulting directly or indirectly from: (1) any breach of
warranty or other breach,or failure to perform,under the terms of this Addendum; (2) any warranty or indemnity claim brought
against the Bank by a third party under 12 CFR 229.52, 12 CFR 229.53 or other regulations in connection with an Imaged Item
transmitted to Bank by Customer; (3) any loss by any recipient of an Imaged Item processed by Customer under this Addendum,
if that loss occurred due to the receipt of an Imaged Item instead of the Check;(4) any wrongful acts or omissions of Customer,
or any person acting on Customer's behalf(including without limitation Customer's authorized processor,if any),in connection
with Customer's use of the Services, including any misuse of the Services; and (5) without limiting Customer's other
indemnification obligations,which shall apply equally to actions taken by the Third Party Agent,all Third Party Agent's actions or
inactions relating to the Service, including those related to intellectual property claims. These indemnification obligations shall
survive the termination of the Addendum.
SECTION 13. TERMINATION. Notwithstanding the provisions of the Master Services Agreement,Bank may terminate the
Service at any time. Bank will try to provide reasonable notice and will provide any notice as required by applicable law.
SECTION 14. ACTIVATION PROCEDURES. This Addendum is to be reviewed by Bank for functional capability and
priced or modified as mutually agreed by Bank and Customer. When completed and accepted by Bank,a copy of this Addendum
will be returned to Customer.
SECTION 15. NO THIRD PARTY BENEFICIARIES. Bank has no obligation to any person not a party to this
Addendum. No other person will be a direct or indirect legal beneficiary of, or have any direct or indirect cause of action or
claim in connection with,this Addendum.
SECTION 16. OTHER CONDITIONS.
A. All notices or other communications hereunder must be in writing or by electronic mail and shall be deemed effective
when delivered by hand or sent and received by certified mail, postage prepaid with return receipt requested, at such
addresses appearing herein, or to such other addresses as either party may specify in writing to the other party or upon
receipt by the party by electronic mail. Any notices or inquiries regarding this Addendum or the Master Services
Agreement should be sent to:
Capital One ConfidentialCapital One,N.A.• P.O.Box 61540 • New Orleans,LA 70161 •888-822-2274
Page 3 of 7
Image Cash Letter 06/10
cap"ClRe'Bank
If to Bank: If to Customer:
Treasury Management Services Ginny Morales
Capital One,National Association City of Beaumont
P.O.Box 61540 801 Main
New Orleans,LA 70161-1540 Beaumont,TX 77701
Phone (888) 822-2274 Phone 409-880-3103
Fax (504) 533-2913 Fax
Email Treasu Qccanitalonebank.com Email
B. Customer's execution of this Addendum or use of any of the described services evidences Customer's agreement to be
bound by the covenants and conditions of this Addendum and the Master Services Agreement. We reserve the right
to change the terms of this Addendum,upon 30 days written notice to Customer. You agree that your continued use
of the Services will constitute your agreement to the amended terms of the Addendum.
C. The undersigned represent and warrant that they have full authority to execute this Addendum on behalf of Bank and
Customer, respectively. If Customer is signing this Addendum on behalf of separate corporate entities, affiliates,
divisions or subsidiaries as well as on its own behalf,Customer hereby represents and warrants to Bank it has received
proper authorization or powers of attorney from each of such separate corporate entities, affiliates, divisions or
subsidiaries to bind them to the terms of this Addendum and the Master Services Agreement.
By execution of this Addendum,Customer acknowledges its review and acceptance of this Addendum.
CAPITAL ONE,NATIONAL ASSOCIATION CITY OF BEAUMONT
Bank Customer
Authorized Signature Authorized Signature
<<Salesperson>>
Print Name Print Name
Title Title
Date Date
Capital One ConfidentialCapital One,N.A •P.O.Box 61540•New Orleans,LA 70161 •888-822-2274
Page 4 of 7
Image Cash Letter 06/10
Ca�itarI Bank
IMAGE CASH LETTER (ICL)
SCHEDULE A
1. CUSTOMER INFORMATION:
Customer Name:
Street Address:
City,State and Zip Code:
Requested Date of Service:
Number of Files Daily:
Estimated File Size(Items):
Estimated Monthly#of Checks:
(Amendments to this section must be in writing and will be deemed effective when received by bank)
2. CUSTOMER CONTACTS:
Primary Contact:
Phone: Email:
Secondary Contact:
Phone: Ems:
Technical Contact:
Phone: Email:
(Amendments to this section must be in wnting and will be deemed effective when received by bank)
3. IMAGE CASH LETTER(ICL)-FILE REQUIREMENTS:
File Naming Convention The ICL file name will be comprised of the following segments in the
following order:
1. Customer name
2. 8-digit date code
3. 6-digit time code(in 24-hour format)
4. Customer optional identifier
5. ".ICL" (file extension)
File Format The ICL file must be in ANSI X9.37 format,and must conform to file
documentation supplied by Bank. The ICL file should include an image of
the front and back of each check to be deposited,including its MICR line
and endorsement information. (See the attached Metavante Check21 xVision-
X9.37 Companion Guide)
Capital One ConfidentialCapital One,N.A. •P.O.Box 61540• New Orleans,LA 70161 •888-822-2274
Page 5 of 7
Image Cash Letter 06/10
Capital, "Bank
File Header Immediate Destination: 065000090
Immediate Origin: Customer Account#or Tax ID
ECE Institution Routing Number: Customer Account#or Tax ID
Bank of First Deposit: 065000090
Payor Banker RT#Credit Record: 608100001 (record 61)
File Characteristics The ICL file must contain at least one credit item.
File Item Batching The ICL file must contain a batched subtotal for each group of 200-300
items contained in the file,with an extended aggregate total for all items
contained in the file.
Credit Advice If the file contains items belonging to more than one credit advice,the
items must be batched according to credit advice. The maximum number
of items per batch is 200-300.
File Item Limit Customer may send up to two file transmissions per day. One file per
transmission. If the file is greater than 10,000 items,the file must be split
into two unique files(this is the exception to the one file per day rule).
File Deposit Cut-Off A valid,properly formatted incoming file must be received by 5:00 pm CT
or 6:00 pm ET to be credited the same business day. Files received after
5:00 PM CT or 6:00 PM ET Monday through Friday may not be processed
until the next business day. All files are subject to verification before
processing.
File Mailbox Capital One supports a variety of secure file transmission types:
- SFI'P
- Connect:Direct
File Inclusions The ICL file should include an image of the front and back of each check
to be deposited,including its MICR line and endorsement information.
Successful File Acknowledgement Upon successful receipt,an automated reply will be generated by Bank
Message Receiver indicating the date the file was received,byte size of the file,and successful
receipt. Customer must notify Bank if automated notification is not
received._All files are subject to verification.
Item Image Quality Images must meet ANSI file standards in order to be processed.
Item Image Quality Failure If the check image quality fails for items in the ICL file,you will receive full
credit for the deposit,and then the account will be adjusted for those items.
File Adjusted Items Resubmission Resubmitted adjusted items will follow standard Item Processing process.
File Failure Support In the event of a file transmission failure,Customer must contact Bank to
assist with resolving issue.
4. FILE DELIVERY METHOD: Secure FI'P(sftp) ❑ Connect:Direct ❑
(Please select one)
Capital One ConfidentialCapital One,N.A. •P.O.Box 61540 • New Orleans,LA 70161 •888-822-2274
Page 6 of 7
Image Cash Letter 06/10
Cap i I -Bank
5. EMAIL ACISNOWLEDGEMENTS:
Persons)Receiving Email
Acknowledgement for Successful File
Transmissions(Name&email address)
6. TRANSMITTAL EMAIL: Upon successful file transmission,please send a Transmittal Email to
ma CashL etterQc&V Wonebank com mailbox.
IMAGE CASH LETTER TRANSMITTAL INFORMATION
Please send an email to ImageCashLetter @capitalonebank.com mailbox immediately following the
successful transmission of your file to include the below information to Capital One Bank.
NOTE: The processing deadline for same day credit is 6:00 p.m.EST/5:00 pm.CST
For customer support, please call Treasury Management Client Services toll-free at 888-822-2274
(Louisiana and Texas)or 866-632-8888(New York and New Jersey).
Subject Line: "must—W at least one consistent word use with each transmittal•
Company Name:
Date of Transmission:
Total No.of Items:
Total Dollar Amount:
File Name:
Capital One ConfidentialCapital One,N.A. •P.O.Box 61540•New Orleans,LA 70161 •888-822-2274
Page 7 of 7
Image Cash Letter 06/10
B
RICH WITS OPPORTUNITY
UnN7W
BEAURU
T • S • X • A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider approving the purchase of three(3)
Chevrolet Tahoes for use by the Police Department
RECOMMENDATION
The administration recommends approval of the purchase from Caldwell Country Chevrolet of
Caldwell, Texas, in the amount of$76,558.
BACKGROUND
Pricing for the vehicles was obtained through the BuyBoard Cooperative Purchasing Program.
Buyboard is a cooperative purchasing association which provides cities and political subdivisions
with the means to purchase specialized equipment at volume prices. BuyBoard complies with the
State of Texas procurement statutes. The purchase price of$76,558 includes the BuyBoard
administrative fee of$400.
Replacement vehicles and additions to the fleet are requested through the City's budget process.
The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this
evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer
cost effective to operate. The age and mileage of the older vehicles render them unfit for
continued service. The vehicles will be disposed of according to the City's surplus property
disposal policies.
One unit will be used by the Municipal Court's Warrant Officer. Another will be used in Police
field operations. These units will be equipped with license plate scan readers. The third unit will
be used in the Police CID Drug Interdiction Program.
Warranties of three(3)years or 36,000 miles are provided for each vehicle. The warranty service
is provided by local authorized dealerships.
BUDGETARY EWPACT
Funds are budgeted in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a three (3) Chevrolet Tahoes for
use by the Beaumont Police Department from Caldwell Country Chevrolet of Caldwell,
Texas, in the amount of$76,558 through the BuyBoard Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
c.
RICH WITH OPPORTUNITY
BEA,[1M011*
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: November 2, 2010
REQUESTED ACTION: Council consider authorizing an interlocal agreement with
the cities of Port Neches,Nederland, and Groves.
RECOMMENDATION
The Administration recommends the Council authorize the City Manager to enter into an
interlocal purchasing agreement with the cities of Port Neches,Nederland and Groves to
purchase like goods and services.
BACKGROUND
Municipalities are authorized by the Section 271.102 of the Local Government code to pursue
mutually beneficial and cooperative purchasing programs. The purpose of this agreement is to
enable the cities of Port Neches,Nederland, and Groves, as well as the City of Beaumont,to
purchase like goods, services and contracts. This will also allow the cities to avoid duplicating
procurement efforts and obtain the benefits of volume purchasing while satisfying the
requirement of these purchases to be competitively bid.
Vendors will be contacted by the awarding City for agreement in providing the goods or services
to the additional City at the same pricing and terms and conditions as provided on the original
bid specifications. Each City will be responsible for maintaining their own contracts and
payments to the vendor.
BUDGETARYIMPACT
The interlocal agreement has no budgetary impact.
RESOLUTION NO.
WHEREAS, Port Neches, Nederland, Groves, and Beaumont have all determined a
need for a cooperative agreement to purchase like goods and services to avoid duplicate
procurement efforts and obtain the benefits of volume purchasing; and,
WHEREAS, Port Neches, Nederland,Groves,and Beaumont are authorized by Section
271.102 of the Local Government Code to pursue mutually beneficial and cooperative
purchasing programs;
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
That the City Manager be and he is hereby authorized to execute an interlocal
agreement with the cities of Port Neches, Nederland and Groves to purchase like goods
and services, 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 2nd day of
November, 2010.
- Mayor Becky Ames -
Cooperative Purchase Interlocal Agreement—DRAFT
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT
This Cooperative Purchasing Interlocal Agreement("Agreement") is made and entered into as of the
date written below between the Cities of Port Neches, Nederland,Groves,and Beaumont,Texas.
WHEREAS, Port Neches, Nederland,Groves,and Beaumont have all determined a need for a
cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and
obtain the benefits of volume purchasing; and
WHEREAS, Port Neches, Nederland, Groves,and Beaumont are authorized by Section 271.102 of the
Local Government Code to pursue mutually beneficial and cooperative purchasing programs;
NOW,THEREFORE,for and in consideration of the mutual obligations and benefits contained herein,
Port Neches, Nederland, Groves,and Beaumont agree as follows:
SECTION 1.The purpose of this Agreement is to enable Port Neches, Nederland,Groves, and Beaumont
to purchase like goods,services,contracts and to avoid duplicate procurement efforts and obtain the
benefits of volume purchasing by satisfying the provisions of Section 271.102 of the Local Government
Code.
SECTION 2. The parties agree that each of the parties shall respectively designate a person to act under
the direction of,and on behalf of,the entity. ("Designated Representative").
SECTION 3. At the request of the other party, a party that enters into a contract with a vendor for goods
or services(the "First Purchasing Party")shall attempt to obtain the vendor's agreement to offer those
goods and services to the other party(the"Second Purchasing Party")for the same price and on the
same terms and conditions as have been offered to the First Purchasing Party. If the vendor so agrees,
and if the Second Purchasing Party is agreeable to such terms and conditions,the Second Purchasing
Party may enter into its own separate contract with the vendor for the purchase of such goods or
services.The First Purchasing Party shall be responsible for any bidding process that may be required for
a particular purchase.
SECTION 4. Unless otherwise agreed between the Designated Representatives, payments for a purchase
made by the Second Purchasing Party shall be paid directly to the vendor and not to the First Purchasing
Party.The Second Purchasing Party shall have the responsibility of determining whether the vendor has
complied with any provisions in its contract with the vendor, including but not limited to those relating
to the quality of items and terms of delivery, and shall be responsible for enforcement of its contract
against the vendor, including all cost of enforcement. Each party must make payments for purchases
from current revenues available to the paying party.
SECTION S.This Agreement will be subject to all applicable federal,state and local laws,ordinances,
rules and regulations.
SECTION 6.This Agreement is for a twelve month term and renews annually. It may be terminated by
any party,without cause or penalty, upon not less than thirty days written notice to the other parties;
1
EXHIBIT "A"
Cooperative Purchase Interlocal Agreement—DRAFT
except that if one party elects to terminate its participation this agreement will continue as to the
remaining parties unless and until they terminate.
SECTION 7.The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to
be resolved against the drafting party must not be employed in the interpretation of this Agreement or
any amendments or exhibits hereto.
SECTION 8. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable,the
legality,validity or enforceability of the remaining terms or provisions of this Agreement shall not be
affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,the parties
shall endeavor to agree to a legal,valid or enforceable term or provision as similar as possible to the
term or provisions declared illegal, invalid or unenforceable.
SECTION 9. Execution of this Agreement does not obligate Port Neches, Nederland,Groves,or
Beaumont to make any purchase,to pay any membership fee or to otherwise or in any manner incur
any cost or obligation.
SECTION 10.This Agreement may be executed in multiple counterparts,each of which shall be deemed
an original, and all of which shall constitute but one and the same instrument.
SECTION 11.The undersigned officers and/or agents are properly authorized to execute this Agreement
on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions
extending such authority have been duly passed and are now in full force and effect.
SECTION 12. All notices, requests,demands,and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly
given upon the delivery or receipt thereof,as the case may be, if delivered personally or sent by
registered or certified mail, return receipt requested, postage prepaid,to the respective city
representative set out below,or his/her designee.
2
Cooperative Purchase Interlocal Agreement—DRAFT
The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this
the day of 2010.
CITY OF BEAUMONT,TEXAS
By:
Title: City Manager
3
D
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider approving a payment of fiscal year 2011
dues to the South East Texas Regional Planning
Commission(SETRPC)
RECOMMENDATION
The administration recommends approval of the payment in the amount of$42,702.32.
BACKGROUND
The SETRPC was established in June of 1970 under enabling legislation as a voluntary
association of local governments. Its purpose is to encourage and permit local governments to
join and cooperate with one another to improve the health and safety of their citizens, to plan for
future development and transportation efforts; and to recognize the needs of agriculture, business
and industry, among other things.
The City of Beaumont supports the SETRPC and the community projects they perform. Some of
the programs these dues will fund are the Criminal Justice Program;the Area Agency on Aging
(AAA) Program; the Homeless Coalition; the Foster Grandparents Program (FGP); and the
Retired Senior Volunteer Program (RSVP).
BUDGETARYIMPACT
Funds are budgeted in the General Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the payment of fiscal year 2011 dues to the South
East Texas Regional Planning Commission (SETRPC) in the amount of$42,702.32.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director.
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to execute
all documents necessary for the affiliation agreement
between The City of Beaumont EMS and Emergency
Medical Educators.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
The City of Beaumont EMS Division would like to enter into an agreement with Emergency Medical
Educators (EME) to provide an opportunity for students of EME to utilize The City of Beaumont
EMS for the sole purpose of clinical rotation and for educational purposes under the direct
supervision of The City of Beaumont EMS Division. EME will assume all responsibilities and
insurance for the students under this agreement.
BUDGETARYIMPACT
None.
EMERGENCY MEDICAL EDUCATORS
225 BEST ROAD 409-296-6246
BEAUMONT TX. 77665 409-656-0528
CLINICAL AFFILIATION AGREEMENT
BETWEEN
EMERGENCY MEDICAL EDUCATORS
AND
CITY OF BEAUMONT EMS
This agreement, by and between City of Beaumont EMS hereinafter referred to as (PROVIDER)
located at 2870 Laurel, Beaumont Texas 77702 and Emergency Medical Educators (hereinafter
referred to as "EME"). Emergency Medical Educators is a emergency services training facility,
taught under the guidelines of Department of transportation and National registry of emergency
medical technician, located at 225 Best Road, Winnie Texas 77665. EME and Provider may
individually be referred to herein as a "party" and collectively as "Parties".
WITNESSETH
WHEREAS, EME offers a certification program in Emergency Medical Services;
WHEREAS, PROVIDER offers a comprehensive outpatient acute care entity licensed in the state
of Texas;
WHEREAS, it is agreed by the parties to be of mutual interest and advantage that the students of
EME be given the opportunity to utilize PROVIDER as a setting for a clinical learning experience
through the application of knowledge and skills in an acute care setting;
WHEREAS, no financial obligation will be incurred by either party as a result of this agreement;
WHEREAS, assignment of students will be made without regard for race, creed, sex, or national
origin;
WHEREAS, at no time will students be considered employees and therefore will not be eligible to
receive payment for services rendered, replace an agency employee, or possess authority to enter
any form of agreement, binding or otherwise on behalf of the PROVIDER;
WHEREAS, medical care for any acute injury or illness students may experience while at
PROVIDER will be immediately provided, and that cost for healthcare provided will be the
sole responsibility of the student.
ARTICLE 1
STATEMENT OF WORK
EME and PROVIDER agree to work cooperatively in providing EME Emergency Medical Services
students a clinical learning experience through the application of knowledge and skills in an acute
care setting.
ARTICLE 2
RESPONSIBILITIES
EME WILL:
1. Establish guidelines for clinical eligibility.
2. Be responsible for the provision of classroom theory and practical instruction to students prior to
clinical assignments.
3. Be responsible for selection of students entering the program.
4. Ensure students understand guidelines of clinical as required by the PROVIDER,
5. In cooperation with PROVIDER prepare clinical rotation schedules, ensure PROVIDER receives
schedule, and ensure PROVIDER approves proposed schedule prior to sending students,
6. Provide clinical staff with ability to evaluate student performance,
7. Furnish PROVIDER with proof of student liability insurance,
8. Ensure compliance with published PROVIDER policies as provided to EME,
9. Supply PROVIDER with proof of student health to include,
• Negative TB Skin Test
• MMR documentation
• Current Tetanus vaccine
• Other immunization (as required)
10. Ensure confidentiality training has been completed by each EME student prior to students
entering clinical areas,
11. Adhere to the PROVIDER Communicable Disease Reporting guidelines and provide student
education on blood bome pathogens during initial training,
12. Inform PROVIDER of any change in student(s) status during the scheduled clinical time,
13. Comply with PROVIDER request to remove student(s) should just cause exist. All students or
faculty representing the EME EMS education program shall be accountable to the PROVIDER
Administrator or designee.
PROVIDER SHALL:
1. Assign a liaison to EME for purposes of scheduling clinical time,
Z. Accept students assigned to the facility by EME staff,
3. Assist in evaluating students assigned to PROVIDER,
4. Under proper supervision allow/encourage "hands-on" experiences at Basic and Advanced
levels appropriate to knowledge objectives for the level of training being provided,
5. Based on availability of clinical areas, allow student access to departments as dictated by
knowledge objectives for level of student entering PROVIDER facility,
6. Initiate documentation of any student exposure and provide information an/or referrals as
necessary to manage the situation,
7. Draw and process baseline blood samples where appropriate for communicable disease
exposures.
8. Have ability to request removal of student(s) from clinical departments when conduct or
performance is not in accordance with published PROVIDER policies or which is detrimental to
patient care. PROVIDER will provide EME with written documentation of incident and will retain
final authority on whether student(s) in question are allowed to continue rotations at the facility.
9. Agree that students may be unable to observe surgical procedures or deliveries without verbal
permission of the patient.
ARTICLE 3
TERM OF CONTRACT
This Agreement shall begin as of the date of the last signature, and terminate , unless
terminated earlier by either party. Both parties reserve the right to terminate this Agreement for
reasonable cause or if it is determined the objective of the project cannot be accomplished. A
party wishing to terminate this Agreement must notify the other party in writing fifteen (15) days in
advance.
ARTICLE 4
GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the State of
Texas.
THE UNDERSIGNED PARTIES BIND THEMSELVES TO THE FAITHFUL PERFORMANCE OF
THIS AGREEMENT.
PROVIDER: EMERGENCY MEDICAL EDUCATORS:
By:
Name: Name: M► �C� QVCX.4'Sov—,
Title: Title:_ C"AyL
Date: Date: 1 o I I-ZI 10
SCHOOL AFFILIATION AGREEMENT
CONTACT INFORMATION
Authorized Signer:
(address to mail completed contract)
Name
Address
Address 2
City State Zip
Phone Number(Home and Cell)
Fax Number
Email Address
Clinical Rotation/Student Scheduler:
(person to contact for scheduling students)
Name
Address
Address 2
"U*Zv- 7x 7 7
Ci / State Zip
4q (qSG OSZ
Phone Number(Home and Cell)
Fax Number
A,tb wLt&.,
Email Address
03/04/10
CM .... ...... P�
CNA Plaza,
CERTIFICATE OF INSURANCE oil
Chicago, IL 60685 OCCURRENCE
Occurrence
018098 970 JHPG 0127295589 from: 12:01 AM Standard Time on: 03/02/10
to: 12:01 AM Standard Time on 03/02/11
Emergency Medical Educators Healthcare Providers Service Organization
225 Best Rd 159 East County Line Road
Winnie, TX 77665-9303 Hatboro, PA 19040
(800)9864627
American Casualty Company of Reading, Pennsylvania
333 S. Wabash Avenue
Chicago, IL 60685
A. PROFESSIONAL LIABILITY
Professional Liability(PL) $2,000,000 each claim $5,000,000 aggregate
Personal Injury Liability included above
B. Coverage Extensions:
Grievance Proceedings $1,000 per proceeding $10,000 aggregate
Defendant Expense Benefit $10,000 aggregate
Deposition Representation $1,000 per deposition $5,000 aggregate
Assault None per incident None aggregate
Medical Payments $2,000 per person $100,000 aggregate
3;
First Aid $500 per incident $25,000 aggregate
Damage to Property of Others $250 per incident $10,000 Aggregate
Total: 300.00
G-144918-A G-144931-A42 G-53752-C42 G-145184-A
G-147292-A
Master Policy#152432426
Keep this document in a safe place.K is evidence of your insurance coverage.
Z� -
Chairman of the Board V Secretary
G-144920-A(1/2003) Page 1 of 1
AMERICAN CASUALTY COMPANY OF READING, PA Effective Date of Change.
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 all documents
necessary to enter into an affiliation agreement between the City of Beaumont EMS
Division and Emergency Medical Educators for the sole purpose of clinical rotation and
educational purposes under the supervision of the EMS Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
F
RICH WITH OPPORTUNITY
[IEA,UMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani Tohme, P.E., Director of Water Utilities A:�e
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to increase
the 23rd Street Lift Station Rehabilitation Project amount.
RECOMMENDATION
The Administration recommends approval of increasing the contract with R&B Group of
Houston for the 23rd Street Lift Station Rehabilitation Project by the amount of$13,286.66. This
increase will furnish modifications to the control systems of the PLC including installation of a
horn and alarm beacon; Replacement of the Hydroranger to allow it to operate the pumps in case
of the PLC failure; Correct distribution of VFD fail alarm to each pair of pumps by adding a
relay to each VFD; Adjustment of cost for installation of the 20ft mast and radios at the West
elevated water storage tank; Payment for additional fuel usage during the course of the project in
excess of the estimated amount per records from the onsite bypass pumps prior to commencing
the project; Payment for additional fuel usage from the time of substantial completion until the
time the City took control of the lift station operation; Replacement of two (2) installed 4" cast
iron flap valves with two (2) new 4" PVC flap valves. A savings in the amount of$30,000 is
also included for the deletion of an allowance for electrical service installation charges. The
requested 30 additional days increases the total contract time to 345 calendar days. The proposed
extra work will represent an increase of 1.02%and a total increase of 1.80%to the original
contract amount.
BACKGROUND
The existing 23' Street Lift Station was severely damaged during Hurricane Ike. It has been
operated on bypass pumping since the event. The Federal Emergency Management Agency
(FEMA)has met with City staff on numerous occasions during the design process. The project
will rehabilitate and replace structural components and install new equipment to meet present
and future demands, State, and Federal regulations. The project will alter the original design of
the station in an effort to prevent future disasters.
BUDGETARY IMPACT
Funds for the project are provided by the Water Fund. The City has received FEMA funds for
the project and the City's participation is 25% of related costs. All items of this change order are
related costs.
PREVIOUS ACTION
Change Order#3 in the amount of$4,118.17 was signed by the City Manager on May 25, 2010.
Resolution 10-047 in the amount of$17,290.95 was passed by City Council on March 2, 2010.
Resolution 09-266 in the amount of($11,325.19)was passed by City Council on September 8,
2009.
Resolution 09-117 in the amount of$1,296,743.00 was passed by City Council on April 28,
2009.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No.Four
DATE: September 23,2010
PROJECT: City of Beaumont,Texas
23rd Street Lift Station Rehabilitation
OWNER: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
CONTRACTOR: R&B Group,Inc.
1213 N.Durham Dr.
Houston,Texas 77008
TO THE OWNER: Approval of the following contract change is requested.
Reason for Change:Provide control systems modifications of the PLC including programming for installation of a hom and alarm
beacon;Replace the Hydroranger to allow it to operate the pumps in case of the PLC failure;Correct distribution of VFD fail alarm
to each pair of pumps by adding a relay to each VFD;Add a relay at each pump starter to isolate pump control signal to VFD run
command;Add contact block VFD LOR switch to enable VFD when in local position.Adjustment of cost for installation of the 20ft
mast and radios at the West elevated water storage tank.Payment for additional fuel usage during the course of the project in excess
of the estimated amount per records from the onsite bypass pumps prior to commencing the project.Payment for additinal fuel usage
from the time of substantial completion until the time the City took control of the lift station operation. Replace installed 4"cast iron
flap valves(2)with new 4"PVC flap valves(2). Delete Item 15-Electrical service installation charges by Entergy(Allowance).
ORIGINAL CONTRACT AMOUNT: $ 1,296,743.00
THIS CHANGE ORDER
Description: Net Change
Provide control systems modifications of the PLC including programming for $ 18,956.32
installation of a hom and alarm beacon;Replace the Hydroranger to allow it to operate
the pumps in case of the PLC failure;Correct distribution of VFD fail alarm to each pair
of pumps by adding a relay to each VDF; Add a relay at each pump starter to isolate
pump control signal to VFD run command; Add contact block VFD LOR switch to
enable VFD when in local position.
Adjustment of cost for installation of the 20ft mast and radios at the West elevated water $ 7,390.30
storage tank.
Payment for additional fuel usage during the course of the project in excess of the $ 9,157.51
estimated amount per records from the onsite bypass pumps prior to commencing the
project
Payment for additional fuel usage from the time of substantial complition until the time $ 5,720.85
the City took control of the lift station operation
Replace installed 4"cast iron flap valves(2)with new 4"PVC flap valves(2) $ 2,061.68
Delete Item 15-Electrical service installation charges by Entergy(Allowance) $ (30,000.00)
TOTAL AMOUNT OF THIS CHANGE ORDER S 13 286.66
TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS No.1,No.2&No.3 $ 10.083.93
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 1,320,113.59
CONTRACT TIME
Original Contract Time: 300 Calendar Days
Additional Time Previously Requested: 15 Calendar Days
Time Requested per this Change Order: 30 Calendar Days
Revised Contract Time per this Change Order. 345 Calendar Days
F.%BMT%1096-23cd ST LSIDOdVCm o NChwg,OMm?Chri{a Oda lb 409222010
I,
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under the
Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes
an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to
the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed."
Recommend by: Approved by: Accepted by:
Schaumb &Polk,Inc. City of Beaumont R&B Group,Inc.
Engineer h Owner Contractor
Id Date: 0 Date: Date: 101fliio
F:)BbMI09&23r6 5T ISTI dVC.—e Ch.V prdeiChmp Oder No 409171010
RESOLUTION NO.09-117
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with R&B
Group,Inc.,Houston,Texas,in the amount of$1,296,743.00 for the 23rd Street Lift Station
Rehabilitation Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of April,
2009.
-Mayor Becky Ames-
RESOLUTION NO.09-266
WHEREAS, on April 28, 2009, the City Council of the City of Beaumont, Texas,
passed Resolution No.09-117 awarding a contract to R&B Group,Inc.,Houston,Texas,
in the amount of$1,296,743.00;and,
WHEREAS, Change Order No. 1 in the amount of($11,325.19) is necessary to
construct an 84"reinforced concrete(RC)manhole including RC foundation,RC top slab,
and aluminum hatch in lieu of the proposed junction box and 48"reinforced concrete pipe
(RCP)risers shown on the plans and furnish and install one 30"diameter resilient wedge
gate valve including valve box on the existing 30"diameter force main,thereby decreasing
the contract amount to$1,285,417.81.
NOW,THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
in the amount of ($11,325.19) to delete and add items to the 23rd Street Lift Station
Rehabilitation Project,thereby decreasing the contract amount to$1,285,417.81.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of
September,2009.
'� -Mayor Pro Tem Gethrel Williams-Wright-
RESOLUTION NO. 10-047
WHEREAS, on April 28, 2009, the City Council of the City of Beaumont, Texas,
passed Resolution No.09-117 awarding a contract to R&B Group,Inc.,Houston,Texas,
in the amount of$1,296,743.00 for the 23rd Street Lift Station Rehabilitation Project;and,
WHEREAS,Change Order No. 1 in the amount of($11,325.19)was necessary to
construct an 84"reinforced concrete(RC)manhole including RC foundation,RC top slab,
and aluminum hatch in lieu of the proposed junction box and 48"reinforced concrete pipe
(RCP)risers shown on the plans and furnish and install one 30"diameter resilient wedge
gate valve including valve box on the existing 30"diameter force main,thereby decreasing
the contract amount to$1,285,417.81;and
WHEREAS, Change Order No. 2 in the amount of $17,290.95 is necessary to
furnish and install three additional feet of 84-inch riser for the manhole at the proposed
junction box,remove existing flap gate and grout opening on existing drainage box,furnish
and install an additional 810 square feet of six-inch concrete on the west driveway,thereby
increasing the contract time by 10 calendar days and increasing the contract amount to
$1,302,708.76.
NOW,THEREFORE,BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No.2
in the amount of $17,290.95 for extra work described above, thereby increasing the
contract amount to$1,302,708.76.
PASSED BY THE CI IL of the City of Beaumont this the 2nd day of
March,2010.
-Kqyor Becky Ames-
I
RESOLUTION NO.
WHEREAS, on April 28, 2009, the City Council of the City of Beaumont, Texas,
passed Resolution No. 09-117 awarding a contract to R & B Group, Inc., Houston, Texas,
in the amount of$1,296,743.00 for the 23rd Street Lift Station Rehabilitation Project; and,
WHEREAS, Change Order No. 1 in the amount of ($11,325.19) was necessary to
construct an 84" reinforced concrete (RC) manhole including RC foundation, RC top slab,
and aluminum hatch in lieu of the proposed junction box and 48" reinforced concrete pipe
(RCP) risers shown on the plans and furnish and install one 30" diameter resilient wedge
gate valve including valve box on the existing 30"diameter force main, thereby decreasing
the contract amount to $1,285,417.81; and
WHEREAS, Change Order No. 2 in the amount of $17,290.95 was necessary to
furnish and install three additional feet of 84-inch riser for the manhole at the proposed
junction box, remove existing flap gate and grout opening on existing drainage box, furnish
and install an additional 810 square feet of six-inch concrete on the west driveway,thereby
increasing the contract time by 10 calendar days and increasing the contract amount to
$1,302,708.76; and,
WHEREAS, Change Order No. 3, dated May 25, 2010, in the amount of$4,118.17
increased the contract amount to $1,306,826.93; and,
WHEREAS, Change Order No.4 in the amount of$13,286.66 is necessary to furnish
modifications to the control systems of the PLC including installation of a horn and alarm
beacon; replacement of the Hydroranger to allow it to operate the pumps in case of the PLC
failure; correct distribution of VFD fail alarm to each pair of pumps by adding a relay to each
VFD; adjustment of cost for installation of the 20 ft. mast and radios at the west elevated
water storage tank; payment for additional fuel usage during the course of the project in
excess of the estimated amount per records from the onsite bypass pumps prior to
commencing the project; payment for additional fuel usage from the time of substantial
completion until the time the City took control of the lift station operation; replacement of two
(2) installed 4" cast iron flap valves with two (2) new 4" PVC flap valves and including a
savings in the amount of $30,000 for the deletion of an allowance for electrical service
installation charges, thereby increasing the total contract time by 30 days and increasing
the contract amount to $1,320,113.59;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
That the City Manager be and he is hereby authorized to execute Change Order No.
4 increasing the contract amount by$13,286.66 for a revised total amount of$1,320,113.59
for the 23d Street Lift Station Rehabilitation Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
I
G
RICH WITH OPPORTUNITY
BEAUMON*
T • s • s • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
n
PREPARED BY: Patrick Donart, Director of Engineering
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of property for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-seven (67)parcels
of land from East Lucas to Highway 105 are being acquired. The owners of the property listed
below,have agreed to convey their property to the City:
Parcel#62 0.4535 acre out of the Thomas Spear Survey,
Abstract No. 50 (5370 State Highway 105)
Value: $120,998.00
Owners: Thomas C. Hogan and Margo Hoyt
BUDGETARY IMPACT
Funds are available in the Capital Program.
C:\RealPropertyLetters\Concord\62-Hogan&Hoyt\CouncilAgenda62.wpd
AGREEMENT
PROJECT: Concord Road Pavement Widening Project
Parcel 62
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
This agreement between Thomas C. Hogan and Margo Hoyt of the County of Jefferson, State of
Texas, hereinafter called GRANTOR, and the City of Beaumont, Texas, acting by and through its duly
authorized Agent, hereinafter called GRANTEE, witnesseth:
CITY OF BEAUMONT and the GRANTOR above recited have reached an agreement wherein the
GRANTORS are to convey to the CITY OF BEAUMONT property described fully in a Special Warranty
Deed to be executed by GRANTORS, to which reference is hereby made for complete description, said
property being briefly described as follows:
0.4535 acre tract out of the Thomas Spear Survey, Abstract No. 50, Beaumont, Jefferson
County, Texas.
The consideration and conditions of agreement are fully listed and stated. The CITY OF BEAUMONT will
pay GRANTORS as follows:
$121,000.00 less $ for improvements retained.
k GRANTORS desire to retain the following improvements:
Site improvements and Landscaping $2.00
GRANTORS do not wish to retain any improvements.
All liens and taxes (either current or delinquent) will be deducted.
It is further agreed that the terms of agreement herein stated are in consideration of the delivery to
j the CITY OF BEAUMONT of a valid conveyance of all rights, title and interest described in the Special
Warranty Deed from GRANTORS to the CITY OF BEAUMONT.
THIS AGREEMENT IS SUBJECT, HOWEVER, TO THE APPROVAL OF THE
BEAUMONT CITY COUNCIL. ALL TERMS AND CONDITIONS OF AGREEMENT ARE
FULLY STATED HEREIN AND O VERBA GREEMENTS ARE AUTHORIZED.
EXECUTED this day of , 20�.
CITY EAU _ C
THOMAS C. HOGAN
Cr
gmeeri upervisor
�:w v-0m
MARGO HOYT a dot h
C:\RealPropertyLetters\Concord\62-Hogan&Hoyt\Agreement62.wpd
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit"A"and shown on Exhibits"B°and "C," attached hereto, for
the Concord Road Pavement Widening Project:
Parcel #62: 0.04535 acre out of the Thomas Spear Survey
Abstract No. 50 (5370 Concord Road)
Value: $120,998.00
Owners: Thomas C. Hogan and Margo Hoyt
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
That the purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
-~ June 2009
Parcel 62
Page 1 of 5
EXHIBIT"
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 62
Being a 0.3962 acre (17,259 square feet) of land, situated in the Thomas Spear
League, Abstract No. 50, and being out of and part of that certain tract of land having
been conveyed to Thomas C. Hogan and Margo Hoyt by deed dated July 27, 1993, and
being recorded under Film Code No. 104-94-2449 of the Real Property records of
Jefferson County, Texas, said 0.3962 acre (17,259 square feet) of land being more
particularly described as follows;
COMMENCING at an 1/2" iron rod with cap stamped "F & S" found for the West
comer of that certain called 1 Y2 acre tract of land having been conveyed to Garland
Steve Westmoreland from James T. Gore and wife, Anna M. Gore by deed dated
September 5, 1946, and being recorded under Volume 636 Page 324, of the Deed
records of Jefferson County, Texas, and also said point being in the North line of
that certain tract of land having been conveyed to William J. Travis from Reba Cox
Westmoreland, widow of E. S. Westmoreland b deed y e d dated January 14, 1985, and
being recorded under Film Code No. 100-88-2352 of the Real Property records of
Jefferson County, Texas;
THENCE, NORTH 87 049'39" EAST, along the South line of the said 1 Y2 acre
Westmoreland tract for a distance of 431.93 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for comer in the proposed Southwesterly
right-of-way line of Concord Road, said comer also being the beginning of a curve
turning to the right having a radius of 245.00 feet and being subtended by a chord
bearing SOUTH 35 015'00" EAST having a chord length of 8.67 feet;
a:
THENCE SOUTHEASTERLY, along and with said curve, for an arc length of 8.67
feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for
comer in the proposed Southwesterly right-of-way line of Concord Road, said point
being in the East line of that certain tract of land having been conveyed to G. S.
Westmoreland from S. J. Westmoreland by deed dated April 19, 1955, and being
recorded under Volume 973 Page 633 of the Deed Records of Jefferson County,
Texas, and in the West line of the said Hogan et al tract, also said point being the
POINT OF BEGINNING of the parcel herein described;
EXHIBIT "A"
June 2009
Parcel 62
Page 2of5
EXHIBIT_
1) THENCE, NORTH 02°19'49" WEST, along boundary line of the said Westmoreland
tract being recorded under Volume 973 Page 633 and the Hogan et al tract for a
distance of 7.26 feet to a point for comer, said point being the Northwest comer of
the said Hogan et al tract, and said point being the Northeast comer of the said
Westmoreland tract recorded under Volume 973 Page 633, and also said point
being in the South line of the said 1 % acre Westmoreland tract;
2) THENCE, NORTH 87°49'39" EAST, along the boundary line between the said 1 %Z
acre Westmoreland tract and the said Hogan et al tract for a distance of 89.89 feet to
a point for comer in the existing Southwesterly right-of-way line of Concord Road,
said point being the most Easterly comer of the said 1 % acre Westmoreland tract
and said point being the Northerly comer of the said Hogan et al tract, and from said
point a 1/2" iron pipe bears NORTH 88°41'43"WEST for a distance of 1.54 feet;
3) THENCE, SOUTH 52°26'36" EAST, along the existing Southwesterly right-of-way
line of Concord Road for a distance of 149.69 feet to a point for comer,
4) THENCE, SOUTH 50 026'13" EAST, continuing along the existing Southwesterly
right-of-way line of Concord Road for a distance of 35.98 feet to a point for comer,
said point being the Southeast comer of the said Hogan et al tract and,said point
being in the North right-of-way line of State Highway 105, and from said point a 1/2"
iron pipe bears NORTH 52°20'08"WEST for a distance of 1.39 feet;
5) THENCE, SOUTH 86°53'43" WEST, along the North right-of-way line of State
Highway 105 for a distance of 217.88 feet to a 5/8" iron rod with cap stamped "City
of Beaumont ROW Monument" set for comer in the proposed Southwesterly right-of-
way line of Concord Road;
6) THENCE NORTH 41-34'55" EAST, along the proposed Southwesterly right-of-way
line of Concord Road for a distance of 30.00 feet to a point for comer(unable to set
due to house), said comer also being the beginning of a curve turning to the left
having a radius of 245.00 feet and being subtended by a chord bearing NORTH
22°24'29"WEST having a chord length of 100.44 feet;
7) THENCE NORTHWESTERLY, along and with said curve, for an arc length of
101.16 feet to the POINT OF BEGINNING and containing 0.3962 acre (17,259
square feet) of land.
June 2009
Parcel 62
Page 3 of 5
EXHIBIT
A parcel plat of even date accompanies this property description.
1, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed February 2009 ri
GIVEN UNDER MY HAND AND SEAL THIS THE Z3 DAY OF JUNE 2009.
OF
r�G� E R p.,qN
...LEY
'636 t�.�
Mark W. Whiteley, RPLS #3636 �;�;°�ess�°
> G.1suo
4
LEGEND
■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT' '
® SET SCRIBED 'X' IN CONCRETE
TXDOT CONTROL MONUMENT
O PARCEL NUMBER
O FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE
EXISTING ROW LINE PARENT TRACT
PROPERTY LINE CALLED 150 ACRES N.T.S.
SURVEY LINE GAR" STEW KSWAIANO CIO,
COUNTY LINE P. 324 �'PO
DRJC
62
P.O.0 PAIL 62 P.0.8. PAR 62
ROD 1 2'CAP G. S. WESTMORELAND
L R00
STAKED '1�*6»S' APRIL 19, 1955
VOL. 973, PG. 633
DRJC Z
WILLIAM J. TRAVIS THOMAS C. HOGAN, ET AL SH 105
JANUARY 14, 1985 JULY 27, 1993
FC NO. 100-88-2352 FC NO. 104-94-2449
OPRJC OPRJC
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
���•o F f
i ✓) 4 ..... �.
EXISTING TAKING REMAINING
..
;••..... ACRES ACRES S.F. ACRES
0. 4535 PARCEL 62, 0. 0573
+MARK . WHITELEY 0. 3 962/(17259)
D ASSOCIATES
INCORPORATED P ARC E L PLAT
TING ENGINEERS, S H OW I N G
ORS, AND PLANNERS PARCEL 62
m
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 549E 3250 EASTEX FRNY.
BenuMoN4, rexr- rare-5492 a FAX 4� 1348o3 SCALE 1" = 50' JUNE 2009
409-892-0421
SHEET 4 OF 5
EXHIBIT "B"
63 RIGH� OF WAY ����� ����
\CALLED 1.50 ACRES PROPOSED BASELINE PI STA. = 1+59.34
A=44013'56'
GARLAND EMBER 5, 1946 2+5,23 2+5.23 ��/`S�j o \\�� R=275.0000'
VOL. 636, PG. 324 /�� T=111.7558'
DRJC 30.00 LT G' L=212.2991'
N87'49'39"E. 431.93' N87-439- 89.89' �/C 0 Ch=207.0664'
D=20°50'05'
1+95.50 � ��
PORTABLE
30.00 LT BUILDING 1/2" I. PIPE BEARS
P.O.C. PAR. 62 3.32' 489'41'43"W 1.54'
FND 1/2- ` �6• g, �'
I. ROD W\CAP
STAMPED ,.
WESTMORELAND ELAND THOMAS C. HOGAN, ET AL �`��9• �' ��� 5`�g'�'C�
JULY 27, 1993
APRIL 19, 1955 19.42 FC NO. 104-94-2449
VOL. 973, PG. 633
DRJC OPRJC
0+60.32 RESIDENCE
52.93 LT 17.5s'
U
S86'53'43"W 217.88'
_EXISTING RIGHT OF WAY PC 0+47.59 j&1 w
UNABLE TO SET
DUE TO HOUSE 1/2" I. PIPE BEARS
S H 105 I � � ,• I N52'20'08"W 1.39'
S86°32'38.21`W 542.29' PROPOSED BASELINE
LINE BEARING DISTANCE PARCEL PLAT
L 1 NO2'19'49"W 7.26'
L2 N4I'34'55"E 30.02' SHOWING
PARCEL 62
CURVE RADIUS ARC LENGTH CHORD LENGTH F CHORD BEARING DELTA ANGLE CONCORD ROAD JEFFERSON COUNTY
C1 245.00' 8.67' 8.67' S35'15'00"E 02'01'37"
C2 245.00' 1 101.16' 100.44' 1 N22-24.29-W 23'39'00"
SCALE 1 " = 50' JUNE 2009
SHEET 5 OF 5
RICH WITH OPPORTUNITY
1
T * E * X * A * S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 2,2010 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, 8-12/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving the engagement of bond counsel relating to the proposed
issuance of up to$36 Million of Certificates of Obligation, Series 2011 and
General Obligation Refunding Bonds, Series 2011 in the amount up to $17.5
Million
2. Consider authorizing the publication of a notice of intention to issue up to$36
Million in Certificates of Obligation
3. Consider a request for a specific use permit to allow a scrap metal recycling center
in an LI(Light Industrial)District at 4848 Cardinal Drive
4. Consider a request for a specific use permit to allow a wholesale pharmacy in a
GC-MD (General Commercial-Multiple Family Dwelling)District at 5905 Phelan
5. Consider a request for a specific use permit to allow an office for a social service
organization in an RCR(Residential Conservation and Revitalization)District at
1608-1616 Sabine Pass
6. Consider a request for an amended specific use permit to allow the expansion of a
church in an RS (Residential Single Family Dwelling)District at 8235 Broussard
7. Consider a request for a specific use permit to allow a funeral home in a GC-MD
(General Commercial-Multiple Family Dwelling)District at 3311 Calder
8. Consider approving the abandonment of portions of a sanitary sewer easement in
the 100 block of Lethia
9. Consider approving the abandonment of Iowa Avenue from the east right-of-way
line of University Drive to the west right-of-way line of Cheek
10. Consider approving an appeal by Greg Riley of the Historic Landmark
Commission's denial of the request to demolish the house at 1315 Calder
11. Consider approving the purchase of fifty-five Digital Mobile Video System units
for the Police Department
12. Consider accepting the Grand Recap of the tax roll for the tax year 2010(Fiscal
Year 2011)
WORKSESSION
* Review and discuss the proposed Schedule of Events and Bond Underwriting
Recommendation related to the issuance of Certificates of Obligation
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:
Vacation Carryover Grievances of Harold Smithers and Tracy O'Quinn
James Mathews,Jr., Cause No. X-1045
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
November 2,2010
Consider approving the engagement of bond counsel relating to the proposed issuance of up to
$36 Million of Certificates of Obligation, Series 2011 and General Obligation Refunding Bonds,
Series 2011 in the amount up to $17.5 Million
RICH WITH OPPORTUNITY
11EA11M0N*
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: November 2, 2010
REQUESTED ACTION: Council consider approving the engagement of bond
counsel relating to the proposed issuance of up to $36
Million of Certificates of Obligation, Series 2011 and
General Obligation Refunding Bonds, Series 2011 in the
amount up to $17.5 Million.
RECOMMENDATION
The administration requests approval of a resolution authorizing the engagement of Orgain, Bell
&Tucker, LLP, of Beaumont, as bond counsel, in order to proceed with the issuance of up to $36
Million of Certificates of Obligation, Series 2011 and General Obligation Refunding Bonds,
Series 2011 in the amount up to $17.5 Million.
BACKGROUND
The certificates of obligation will be issued to finance the street, drainage, and general
improvement projects and pay for professional services rendered in connection with each. The
general obligation refunding bonds will refund Series 2001, Series 2003, and Series 2006
Certificates of Obligation. Issuance of the Bonds is scheduled for December 7, 2010 with
delivery and receipt of proceeds by the City on January 11, 2011.
BUDGETARYIMPACT
All debt and other expenses related to the certificates of obligation and general obligation
refunding bonds will be incurred by the Debt Service Fund and supported by property taxes.
I
RESOLUTION NO.
WHEREAS, the City of Beaumont, Texas (the "City") proposes to issue up to $36
Million of Certificates of Obligation, Series 2011 and General Obligation Refunding Bonds,
Series 2011 in the amount up to $17.5 Million (the "Bonds"); and,
WHEREAS, in order to proceed with the issuance of the Bonds, the City desires to
authorize the employment of bond counsel;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
1. That the City is authorized to and hereby employs Orgain, Bell &Tucker, LLP,
Beaumont, Texas, as bond counsel for the issuance of the Bonds, pursuant to the terms
of the engagement letter dated October 7, 2010, presented by Orgain, Bell &Tucker, LLP,
to the City, attached hereto as Exhibit "A;" and,
2. That the City and its bond counsel are authorized to proceed with taking all
action appropriate for the issuance of the Bonds; provided, however, that the Bonds shall
be issued only if the final terms and provisions thereof are hereinafter approved by the City
Council.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
a
ORGAIN BELL&TuawE tx
ATTORNEYS AT LAW
Benny H.Hughes
470 Orleans Sheet J P.O.Box 1751
Beaumont,Texas 77704.1751
409.838.6412,ext 366 1 Dked 409.951.7465
Fax 409.9517365
Emal:bhh@obLcom or BennyHughe1;@=aom
OHrer otltces In Houston-The Mod wds
and Silsbee I onins atwww.obt.com
October 7, 2010
City of Beaumont
Attention: Kyle Hayes,City Manager
801 Main Street
Beaumont,Texas 77701
Re: Certificates of Obligation, Series 2011,and General Obligation Refunding Bonds,
Series 2011
Dear Mr.Hayes:
This letter will confirm the terms of our engagement as bond counsel to the City of
Beaumont, Texas(the"City")relating to the City's proposed issuance of its Certificates of
Obligation,Series 2011,in the principal amount of up to$35,000,000 and General Obligation
Refunding Bonds, Series 2011,in the principal amount up to$17,500,000(herein collectively
referred to as the"Bonds").
As bond counsel,the services to be provided by our firm will include(1)preparation and
drafting of all documents customarily prepared by bond counsel in order to issue the Bonds,(2)
preparation and delivery of our firm's opinions relative to the tax-exempt status of the Bonds and
the absence of registration requirements,(3)review of any official statements used to market the
Bonds,as well as preparation of disclosure Bonds to be delivered by the City,(4)review of the
disclosure investigations made on behalf of the City, (5)preparation and filing of all documents
necessary to obtain approval of the Attorney General of the State of Texas and registration of the
Bonds with the Comptroller of Public Accounts,(6)review and examination of all bond
insurance agreements,if applicable,and(7)review of any Bond purchase agreement proposed
by the underwriters for the Bonds.
We will provide these services to the City for a fee equal to 15 basis points(i.e. 0.15%)
of the face amount of the Bonds issued,but subject to a minimum fee of$15,000. If the Bonds
are issued in more than one series,then this fee schedule will be applicable to each series of
Bonds,and the fee will be payable only at the time of delivery of the Bonds. This fee does not
include any fee for co-bond counsel,should the City elect to employ one.
In addition to payment of the fees set forth above,the City will reimburse our firm for the
reasonable and actual out-of-pocket expenses incurred in each financing transaction. Such
EXHIBIT "A"
d
City of Beaumont
October 7,2010
Page 2 of 2
expenses typically average approximately$2,000 per transaction. These expenses are in addition
to the expenses the City will incur for publication costs and the fee payable to the Texas
Attomey General's Office for its examination and approval of the Bonds.
We very much appreciate the opportunity to serve the City in this matter.
Sincerely yours,
O:RG & TUCKER,LLP
B ghes
BHH/lr
ACCEPTED ANDAGREED TO this day of ,2010.
THE CITY OF BEAUMONT,TEXAS
By:
Its:
2
November 2,2010
Consider authorizing the publication of a notice of intention to issue up to $36 Million in
Certificates of Obligation
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Office
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider a resolution authorizing the publication of
a notice of intention to issue up to $36 Million in
Certificates of Obligation.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
An amount of up to $36 Million in Certificates of Obligation will be issued to finance various
street, drainage, and general improvement projects. Issuance of the Certificates is scheduled for
December 7, 2010 with delivery and receipt of proceeds by the City on January 11, 2011.
BUDGETARYIMPACT
All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt
Service Fund which is supported by property taxes.
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
THE CITY OF BEAUMONT §
WHEREAS, The City of Beaumont, Texas (herein referred to as the "City'), acting
through its governing body (hereinafter referred to as the "City Council"), is authorized to issue
certificates of obligation to pay contractual obligations to be incurred in connection with authorized
capital improvements and equipment purchases within the City(herein referred to as the"Project"),
as more particularly described in the notice attached hereto as Exhibit "A", and for professional
services rendered in connection therewith pursuant to Texas Local Government Code Sections
271.041 -271.065, as amended; and
WHEREAS, the City Council of the City has determined that it is in the best interest of the
City and otherwise is desirable to issue a series of certificates of obligation in a principal amount
not to exceed$36,000,000 to be known as the"City of Beaumont,Texas,Certificates of Obligation,
Series 2011" (hereinafter referred to as the "Certificates") to finance the Project and to pay for
professional services rendered in connection therewith;and
WHEREAS, in connection with the issuance of the Certificates,the City Council intends to
publish notice of the intent of the City to issue the Certificates in accordance with the requirements
of the Texas Local Government Code Section 271.049,as amended; and
WHEREAS,the City Council has been presented with and has examined the proposed form
of notice to be published and finds that the form and substance thereof are satisfactory and that the
recitals and findings contained therein are true,correct and complete;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BEAUMONT, TEXAS:
Section 1. The facts and recitations contained in the preamble of this resolution are hereby
found and declared to be true and correct.
Section 2. The City Council hereby approves the form of the Notice of Intention to Issue
Certificates of Obligation presented to the City Council in substantially the form attached hereto as
Exhibit "A" and incorporated herein by reference (the "Notice"). The City Council hereby
authorizes the Mayor or any other member of the City Council or any other official of the City to
execute and deliver the Notice on behalf of the City, with such changes therein and additions
thereto as the person executing same may approve, such approval to be conclusively evidenced by
such execution thereof. The City Council hereby authorizes and directs the Mayor, the City Clerk
or any other official of the City to cause the Notice to be published in the manner required by law in
a newspaper of general circulation in the City.
Section 3. The Notice set forth in Exhibit "A" attached hereto shall be published in both
English and Spanish once a week for two (2)consecutive weeks in a newspaper which is of general
circulation in the City,the date of the first publication to be not less than thirty(30)days prior to the
date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of such
Certificates of Obligation.
Section 4. The Mayor, the City Clerk, and other officials of the City are hereby authorized
and directed to do any and all things necessary or desirable to carry out the provisions of this
resolution.
Section 5. This resolution shall take effect immediately upon its passage.
Section 6. It is officially found, determined and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time,place and subject matter
of the public business to be considered at such meeting, including this Resolution, was given,all as
required by the Texas Government Code Chapter 551,as amended.
PASSED AND APPROVED this 2nd day of November,2010.
Mayor
THE CITY OF BEAUMONT,TEXAS
ATTEST:
City Clerk
THE CITY OF BEAUMONT,TEXAS
(SEAL)
- 2 -
EXHIBIT "A"
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of The City of Beaumont, Texas (the
"City"), will meet in the Beaumont City Hall, 801 Main Street, Beaumont, Texas, at 1:30 p.m., on
the 7th day of December, 2010, which is the time and place tentatively set for the passage of an
ordinance and to take such other action as may be deemed necessary to authorize the issuance of
the City's Certificates of Obligation, Series 2011, in the maximum aggregate principal amount of
$36,000,000, payable from the City ad valorem taxes and from a subordinate lien and limited
pledge of certain net revenues of the City's water and sewer system but only to the extent of and in
an amount not to exceed$10,000 in the aggregate, bearing interest at a rate or rates,not in excess of
that prescribed by law, and maturing over a period of years not to exceed forty (40)years from the
date thereof, for the purpose of evidencing the indebtedness of the City to finance all or any part of
the cost of the following projects, which projects will be financed in such order of priority as
determined by the City Council: (1) City street improvements, including street construction,
extension, reconstruction, widening, replacement, resurfacing, and rehabilitation, and the
construction of related sidewalks, curbs, gutters, drainage improvements, lighting, and landscape
improvements; (2) the installation of underground storm damage system between Main Street and
Phelan Boulevard; (3)installation of detention ponds and underground storm drainage system in the
Cartwright/Corley Street area between Fourth Street and IH 10; (4) rehabilitation or replacement of
storm sewer outfall and reconstruction of roadway of Wall Street from College Street to M.L. King
Parkway with pavers and street lights; (5) construction of drainage structure on Gill Street; (6)
installation of sidewalks on City property or City right-of-way for access to schools under Sidewalk
Safety Program; (7)construction of laterals, improvements to inlets,manholes, and pipe on Campus
Avenue, Zavalla Drive, East Woodrow Street, Kenneth Avenue, Saxe Street, and Florida Avenue;
(8) upgrading of traffic signal equipment, repairs and replacement of vehicle detection equipment
and installation of communications to maintain signal timing; (9) construction of improvements to
Caldwood Addition Outfall Project, installation or replacement of inlets and laterals on Bristol,
Sunbury, Medford, Canterbury, Cross, North Caldwood, Central Caldwood, South Caldwood and
West Caldwood Streets; (10) construction on City property or City right-of-way of two remaining
phases of the High School Ditch Project including drainage improvements in area bounded by IH-
10 on the north, South Street on the south, First Street on the east and Eleventh Street on the west;
(11) construction on City property or City right-of-way of improvements to Moore Street Ditch
Project including storm sewers, removal of concrete restrictions, realignment of channel,
installation of box culvert at Highland Avenue, and replacement or modification of existing inlets;
(12) purchase of site and construction of police substation adjacent to the Amtrak Station; (13)
improvements to City Athletic Complex open for public use, including tennis courts,jogging trail,
- 3 -
clubhouse, lighting, parking, landscaping, and other improvements; (14) improvements to City
Civic Center owned by the City for public use, including kitchen, warehouse, dock, and ticket
booth; (15) improvements to and expansion of City Communications Building, including addition,
electrical equipment and standby generator; (16) construction of Downtown Event Center and Park
open for public use with a lake on City property, bounded by M.L. King Parkway on the west,
Crockett Street on the south, Neches Street on the east, and an abandoned railroad track on the
north, and acquisition of property and demolition of substandard structures on such site; (17)
construction of Fire Station No. 2 on Helbig Street near East Lucas Street relocating it from existing
location at 4495 Ironton Street; (18) construction of mechanic shop facility at the Lafin Road Fleet
Service Center owned by the City; (19) construction of hike and bike trails on easement owned by
City between Delaware Street and Folsom Road; (20) improvements to municipal airport, including
runways, taxiways, aprons, drainage, observation system, beacon, and light system; (21)renovation
of police department property building; (22) river bank stabilization at City's Riverfront Park open
for public use; (23) construction of Transportation Operations Shop on City's Fair Park site; (24)
construction of community center, shelters, playground, trails, and restrooms for public use at
City's Tyrrell Park and refurbishment of existing building; (25) repair and maintenance of walking
trail for public use at City's Babe Zaharias Park; (26) construction on City property of downtown
library for public use on Crockett Street near new park and event center (see item 16); (27)
reconstruction or relocation of two City neighborhood fire stations pursuant to Fire Station
Replacement Project and designing of Central Fire Administration Station in vicinity of Gulf and
Caldwell Streets; (28) reconstruction of parking lot at City's Fleet Service Center; (29) designing
and construction of new Public Health Complex (on a City owned site not yet identified), and
furnishings and equipment; (30) construction of new Senior Center to be owned by the City for
public use to replace existing Best Years Center; (3 1) purchase of office/warehouse building to
store City emergency management supplies, City Clerk records, and surplus City property; (32)the
cost of professional services incurred in connection with the respective projects; and (33) costs of
issuance of debt and related fees.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 2nd day of
November, 2010.
MAYOR
THE CITY OF BEAUMONT, TEXAS
-4 -
AVISO DE INTENCION DE EMITIR CERTIFICADOS DE OBLIGACIbN
POR MEDIO DE LA PRESENTE SE LE NOTIFICA que el Consejo de la Ciudad de
Beaumont, Texas, (la "Ciudad"), se reunira en la Municipalidad de Beaumont (Beaumont City
Halo, 801 Calle Main(Main Street), Beaumont, Texas, a la 1:30 p.m., el s6ptimo dia de diciembre,
2010, siendo la hora y el lugar tentativo para la aprobaci6n de una ordenanza y para tomar cualquier
otra acci6n que se estime necesaria para autorizar la emisi6n de los Certificados de Obligaci6n de la
Ciudad, Serie 2011, en la cantidad maxima agregada de $36,000,000,pagables de los impuestos de
valor agregado de la Ciudad y de un gravamen subordinado y prenda limitada de ciertos ingresos de
los sistemas de agua y drenaje de la Ciudad, pero s6lo en la medida y hasta una cantidad que no
exceda $10,000 en su totalidad, acumulando intereses en una tasa o tasas, que no exceda de to
prescrito en la ley, y pagadero durante un periodo que no exceda cuarenta (40) anos de esa fecha,
con la finalidad de evidenciar la deuda de la Ciudad pars financiar toda o cualquier parte del costo
de los siguientes proyectos, cuyos proyectos seran financiados en orden de prioridad segun to
determine el Consejo de la Ciudad: (1) mejoras a las calles de la Ciudad, incluyendo la
construcci6n, extension, reconstrucci6n, ensanchamiento, reemplazo, repavimentaci6n, y
rehabilitaci6n de calles, y la construcci6n de banquetas, bordillos, cunetas, mejoras al drenaje,
alumbrado publico,y mejoras de las areas verdes que correspondan; (2) la instalaci6n de un sistema
de drenaje subterraneo entre Main Street y Phelan Boulevard; (3) la instalaci6n de estanques de
detenci6n y un sistema de drenaje subterraneo en la zona de Cartwright y Corley entre Fourth
Street y IH 10; (4)la rehabilitaci6n o el reemplazo de alcantarillas pluviales y la repavimentaci6n de
Wall Street desde College Street hasta ML King Parkway y la instalaci6n de alumbrado publico; (5)
la construcci6n de una estructura de drenaje en la calle Gill Street; (6) la instalaci6n de banquetas
sobre la propiedad de la Ciudad o un derecho de servidumbre de la Ciudad para acceso a las
escuelas, bajo el Programa de Seguridad de Banquetas (Sidewalk Safety Program); (7) la
construcci6n de laterales, mejoras a las entradas, alcantarillas, y tubos en las calles de Campus
Avenue, Zavalla Drive, East Woodrow Street, Kenneth Avenue, Saxe Street,y Florida Avenue; (8)
mejora de senales del transito, reparaciones y sustituci6n del equipo de detecci6n vehicular y la
instalaci6n de comunicaciones para mantener la sincronizaci6n de las senales; (9) construcci6n de
mejoras para el proyecto Caldwood Addition Outfall Project, instalaci6n o sustituci6n de las
entradas y laterales de las calles de Bristol, Sunbury, Medford, Canterbury, Cross, North
Caldwood, Central Caldwood, South Caldwood y West Caldwood; (10) la construcci6n, sobre la
- 5 -
propiedad de la Ciudad o un derecho de servidumbre de la Ciudad, de las dos ultimas etapas del
proyecto High School Ditch Project, incluyendo mejoras de drenaje en la zona delimitada por la IH-
10 en el norte, South Street al sur, First Street al este y la calle Eleventh Street al oeste; (11) la
construccion, sobre la propiedad de la Ciudad o un derecho de servidumbre de la Ciudad, de
mejoras en el proyecto Moore Street Ditch Project incluyendo las alcantarillas pluviales, la
eliminacion de restricciones de concreto, la realineacion de canales, la instalacion de una
alcantarilla en Highland Avenue, y la sustitucion o modificacion de las entradas existentes; (12) la
compra de un sitio y la construccion de una subestacion de policia junto a la estacion de Amtrak;
(13) la mejora del complejo atletico de la Ciudad (City Athletic Complex), abierto para el use
publico, incluyendo canchas de tenis, pista de correr, casa club, iluminacion,estacionamiento,areas
verdes, y otras mejoras; (14) las mejoras del Centro Civico de la Ciudad (City Civic Center)
propiedad de la Ciudad para el use publico, incluyendo la cocina,bodega, muelle,y taquilla; (15)la
mejora y ampliacion del edificio de Comunicaciones de la Ciudad(City Communications Building),
incluyendo el anexo, aparatos eldctricos y generador de reserva; (16) la construccion de un Parque y
Centro de Eventos en el Centro de la Ciudad (Downtown Event Center and Park) abierto para el
use publico, con un lago en la propiedad de la Ciudad, limitada por ML King Parkway en el oeste,
Crockett Street en el sur,Neches Street en el este,y una via de ferrocarril abandonada en el norte, y
la adquisicion de bienes y la demolicion de las estructuras deficientes en tal sitio; (17) la
construccion de la Estacion de Bomberos N ° 2 (Fire Station No. 2) en Helbig Street, cerca de la
calle East Lucas Street, trasladandola desde su ubicacion existente en 4495 Ironton Street; (18) la
construccion de un taller mecanico en el centro de servicios Lafin Road Fleet Service Center,
propiedad de la Ciudad; (19) la construccion de vias para caminantes y bicicletas, sobre un derecho
de servidumbre de la Ciudad, entre Delaware Street y Folsom Road; (20) mejoras en el aeropuerto
municipal, incluyendo pistas, calles de rodaje, plataformas, drenaje, el sistema de observacion, y el
sistema de baliza y luz; (21) la renovacion del edificio de la propiedad del departamento de la
policia; (22) la estabilizacion de las riberas del rio en el parque de la Ciudad,Riverfront Park, (23)
la construccion de una Tienda de Operaciones de Transporte (Transportation Operations Shop) en
el sitio del Parque de Feria de la Ciudad (City's Fair Park); (24) la construccion de un centro
comunitario, refugios, zona de juegos, vias y banos para el use publico en el parque de la Ciudad,
Tyrrell Parr y renovacion del edificio existente; (25) la reparacion y mantenimiento de la via para
caminar para el use publico en el parque de la Ciudad, Babe Zaharias Park, (26) la construccion,
en la propiedad de la Ciudad, de la biblioteca para el use publico en el centro en la calle Crockett
Street, cerca del nuevo parque y centro de eventos (ver punto 16); (27) la reconstruccion o
- 6 -
reubicacion de dos estaciones de bomberos comunitarias de la Ciudad de acuerdo con el proyecto
de reemplazo de estaciones de bomberos (Fire Station Replacement Project) y el diseno de una
Estacion Central de Administracion de Incendios (Cental Fire Administration Station) en los
alrededores de las calles de Gulf y Caldwell; (28) la reconstruccibn del estacionamiento del centro
de servicio de la Ciudad, Fleet Service Center; (29) el diseno y la construccion de un nuevo
Complejo de Salud Publica (Public Health Complex), (sobre un sitio, propiedad de la Ciudad, aun
no identificado) y mobiliario y equipo; (30) la construccion de un nuevo centro para el adulto
mayor (Senior Center), que sera propiedad de la Ciudad para el use publico, de sustituir al centro
existente, "Best Years Center;" (3 1) la compra de una oficina o edificio de bodega para almacenar
suministros de emergencias de la Ciudad, registros del secretario de la Ciudad, y el excedente de
propiedad de la Ciudad; (32) el costo de servicios profesionales incurridos en conexion con los
respectivos proyectos;y(33)el costo de la emision de deuda y cuotas correspondientes.
ATESTIGUO CON MI FIRMA Y EL SELLO OFICIAL DE LA CIUDAD ESTE DIA 2
DE NOVIEMBRE, 2010.
ALCALDE
LA CIUDAD DE BEAUMONT,TEXAS
- 7 -
i
3
November 2,2010
Consider a request for a specific use permit to allow a scrap metal recycling center in an LI
(Light Industrial) District at 4848 Cardinal Drive
SICK wisx ossosscxssx
BEAUMON*
T • Z # z A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
G�+5
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a scrap metal recycling center in an LI(Light
Industrial) District at 4848 Cardinal Drive.
RECOMMENDATION
The Administration recommends approval of a specific use permit subject to the following
condition:
• No scrap metal shall be stored outside the building.
BACKGROUND
Angelica Fajardo, representing Angel's Scrap Metal Recycling,has requested a specific use
permit.
Ms. Fajardo states that the business will collect scrap metal that customers bring in. The scrap will
be weighed, sorted and stored in boxes by type of metal. Every two weeks the metals will be sold,
depending on market prices. Ms. Fajardo states that all materials will be stored inside the
warehouse. The business will photo ID all customers and pictures will be taken of the material the
customer is selling.
Angel's Scrap Metal Recycling will be open from 8 a.m. - 7 p.m.,Monday through Saturday. A
maximum of three people will be employed at the business.
At a Joint Public Hearing held October 18,2010,the Planning Commission voted 6:0 to approve
a specific use permit to allow a scrap metal recycling center in an LI District at 4848 Cardinal
Drive subject to the following condition:
• No scrap metal shall be stored outside the building.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SCRAP METAL RECYCLING
CENTER IN A LI (LIGHT INDUSTRIAL) DISTRICT AT 4848
CARDINAL DRIVE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Angel's Scrap Metal Recycling has applied for a specific use permit to
allow a scrap metal recycling center in a LI (Light Industrial) District at 4848 Cardinal Drive,
being the West 219' of Lots 6A-6C, Heflebower & Scott Addition, City of Beaumont,
Jefferson County, Texas, containing 1.6 acres, more or less, as shown on Exhibit "A"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a specific use permit to allow a scrap metal recycling center in
an LI (Light Industrial) District for property located at 4848 Cardinal Drive; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a scrap metal recycling center in a LI (Light
Industrial) District located at 4848 Cardinal Drive, being the West 219' of Lots 6A-6C,
Heflebower& Scott Addition, City of Beaumont, Jefferson County, Texas, containing 1.6
acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to
Angel's Scrap Metal Recycling, its legal representatives,successors and assigns,as shown
on Exhibit 'A" attached hereto and made a part hereof for all purposes, subject to the
following conditions:
• No scrap metal shall be stored outside the building.
• An 8' tall wood screening fence shall be constructed along the west
property line.
Section 2.
That the specific use permit herein granted is expressly issued for and in accordance
with each particular and detail of the site plan attached hereto as Exhibit "B" and made a
part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to ail of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
File 2056---P: Request for a specific us a permit to allow a scrap metal recycling center in an
I(Light Industrial) District.
Location: 4848 Cardinal Drive
pplicant: Angelica Fajardo
0 100 200
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y No scrap metal shall be stored outside the building.
An 8'tall wood screening fence shall be constructed along the west property line.
4
November 2,2010
Consider a request for a specific use permit to allow a wholesale pharmacy in a GC-MD(General
Commercial-Multiple Family Dwelling)District at 5905 Phelan
RICE WITS OPPORTUNITY
BEAUMON*
T • $ • X • A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, mmum'ty Development Director
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a wholesale pharmacy in a GC-MD(General
Commercial-Multiple Family Dwelling)District at 5905
Phelan.
RECOMMENDATION
The Administration recommends approval of the specific use permit.
BACKGROUND
Charles Ashy,representing PharMerica Corporation,Inc. has requested a specific use permit.
PharMerica is relocating from its current location at 310 S. 11`' Street to 5905 Phelan Blvd.,
Suite I-2. PharMerica pharmacies provide medication, W services and pharmacy consulting
services to long term care facilities, sub-acute hospitals, assisted living facilities and MHMR
residential facilities. The Beaumont pharmacy has sixteen accounts that it services. The
pharmacy is not open to the public and all medication is delivered to the various facilities. The
pharmacy has no customer vehicular traffic. The pharmacy is open from 8 a.m. to 5 p.m.,
Monday-Friday. The pharmacy will occupy an existing lease space in the shopping center.
At a Joint Public Hearing held October 18, 2010,the Planning Commission voted 6:0 to approve
a specific use permit to allow a wholesale pharmacy in a GC-MD (General Commercial-Multiple
Family Dwelling) District at 5905 Phelan.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A WHOLESALE PHARMACY IN A GC-
MD (GENERAL COMMERCIAL-MULTIPLE FAMILY
DWELLING) DISTRICT LOCATED AT 5905 PHELAN IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, PharMerica Corporation has applied for a specific use permit to allow
a wholesale pharmacy in a GC-MD(General Commercial-Multiple Family Dwelling)located
at 5905 Phelan, being Lot 1, Block A, T.H. Langham Estates Addition and Tract 137, Plat
D-26, H. Williams Survey,Abst. 56, City of Beaumont, Jefferson County,Texas, containing
2.51 acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a specific use permit to allow a wholesale pharmacy in a GC-MD
(General Commercial-Multiple Family Dwelling) District located at 5905 Phelan; and,
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a wholesale pharmacy in a GC-MD (General
Commercial-Multiple Family Dwelling) District located at 5905 Phelan, being Lot 1, Block
A, T.H. Langham Estates Addition and Tract 137, Plat D-26, H. Williams Survey, Abst. 56,
City of Beaumont, Jefferson County, Texas, containing 2.51 acres, more or less, is hereby
granted to PharMerica Corporation, its legal representatives, successors and assigns, as
shown on Exhibit "A" attached hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in accordance
with each particular and detail of the site plan attached hereto as Exhibit "B" and made a
part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
shown on Exhibit "A" attached hereto and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto,the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
�il 2 -P: Request for a specific use pe rmit to allow a wholesale pharmacy in a GC-MD
General Commercial Multiple Family Dwelling) District.
Location: 5905 Phelan
pplicant: Charles Ashy
0 100 200
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November 2,2010
Consider a request for a specific use permit to allow an office for a social service organization in
an RCR(Residential Conservation and Revitalization)District at 1608-1616 Sabine Pass
Ales WITH OFFOATVNITT
BEAUMON*T • s • z • A . B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 2,` 010
REQUESTED ACTION: Council consider a request for a specific use permit to
allow an office for a social service organization in an RCR
(Residential Conservation and Revitalization)District at
1608-1616 Sabine Pass.
RECOMMENDATION
The Administration recommends approval of a specific use permit subject to the following
conditions:
• An 8'tall wood screening fence must be installed along the north and west property
lines of the lot at 1608 Sabine Pass
• A 6'wide landscape strip must be installed along the parking lot frontage along
Sabine Pass
• Provide 19 parking spaces
and with a modification to the landscaping requirement along the north and west property lines of
the lot at 1608 Sabine Pass.
BACKGROUND
Statewide Consolidated Community Development Corporation, Inc. has requested a specific use
permit.
Rosetta Jones,Executive Director of Statewide Consolidated Community Development
Corporation,Inc.,has applied for a specific use permit to allow an office for her organization. The
property is located at 1608 and 1616 Sabine Pass.
Statewide is a non-profit,tax exempt,charitable organization which helps individuals and families
of low to moderate incomes achieve home ownership and rental housing for Section 8 tenants.
Statewide also provides affordable housing for developmentally disabled individuals.
The existing office building will be renovated and the grounds landscaped to beautify the property.
The building will used as the headquarters for Statewide. Two employees will be located at this
address.
In September,2003, City Council approved a specific use permit to allow Statewide to operate a
transitional housing facility at 1616 Sabine Pass. That specific use permit has since expired.
At a Joint Public Hearing held October 18, 2010,the Planning Commission voted 6:0 to approve
a specific use permit to allow an office for a social service organization in an RCR District at
1608-1616 Sabine Pass subject to the following conditions:
• An 8'tall wood screening fence must be installed along the north and west property
lines of the lot at 1608 Sabine Pass
• A 6'wide landscape strip must be installed along the parking lot frontage along
Sabine Pass
• Provide 19 parking spaces
and with a modification to the landscaping requirement along the north and west property lines of
the lot at 1608 Sabine Pass.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN OFFICE FOR A SOCIAL SERVICE
ORGANIZATION IN A RCR(RESIDENTIAL CONSERVATION
AND REVITALIZATION) DISTRICT AT 1608-1616 SABINE
PASS IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,
TEXAS.
WHEREAS,Statewide Consolidated Community Development Corporation, Inc.has
applied for a specific use permit to allow an office for a social service organization in a
RCR (Residential Conservation and Revitalization) District at 1608-1616 Sabine Pass,
being Tracts 4 and 5, Plat Q, D. Brown Survey, Abst. 5, City of Beaumont, Jefferson
County, Texas, containing 0.655 acres, more or less, as shown on Exhibit "A" attached
hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a specific use permit to allow an office for a social service
organization in a RCR (Residential Conservation and Revitalization) District at 1608-1616
Sabine Pass; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
• An 8'tall wood screening fence must be installed along the north and west property
lines of the lot at 1608 Sabine Pass;
• A 6' wide landscape strip must be installed along the parking lot frontage along
Sabine Pass;
• Provide 19 parking spaces; and,
with a modification to the landscape requirement along the north and west property lines
of the lot at 1608 Sabine Pass.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow an office for a social service organization in a
RCR (Residential Conservation and Revitalization ) District at 1608-1616 Sabine Pass,
being Tracts 4 and 5, Plat Q, D. Brown Survey, Abst. 5, City of Beaumont, Jefferson
County, Texas, containing 0.655 acres, more or less, as shown on Exhibit "A" attached
hereto; and, is hereby granted to Statewide Consolidated Community Development
Corporation, its legal representatives, successors and assigns, as shown on Exhibit "A,"
attached hereto and made a part hereof for all purposes, subject to the following
conditions:
• A 8' tall wood screening fence must be installed along the north and west
property lines of the lot at 1608 Sabine Pass;
• A 6' wide landscape strip must be installed along the parking lot frontage along
Sabine Pass;
• Provide 19 parking spaces; and,
with a modification to the landscaping requirement along the north and west property lines
of the lot at 1608 Sabine Pass.
Section 2.
That the specific use permit herein granted is expressly issued for and in accordance
with each particular and detail of the site plan attached hereto as Exhibit"B" and made a
part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
2 -P: Request for a specific use permit to allow an office for asocial service
organization in an RCR(Residential Conservation and Revitalization)District.
Location: 1608-1616 Sabine Pass
pplicant: Statewide Consolidated Community Development Corporation, Inc.
0 100 200
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*Approval subject to the following conditions: J�
• An 8'tall wood screening fence must be installed along the north and west property lines of the lot at A
1608 Sabine Pass SHEET NUMBER
• A 6'wide landscape strip must be installed along the parking lot frontage along Sabine Pass
• Provide 19 parking spaces
and with a modification to the landscaping requirement along the north and west property lines of the lot at 1608 Sabil
Pass. EXHIBIT "B"
6
November 2,2010
Consider a request for an amended specific use permit to allow the expansion of a church in an
RS (Residential Single Family Dwelling)District at 8235 Broussard
SION WITS OPPOSTVNITY
BEAUMON*
T • 2 • : • A • e City Council Agenda . em
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone,Community Development Director
MEETING DATE: November 2, 2010
REQUESTED ACTION. Council consider a request for an amended specific use
permit to allow the expansion of a church in an RS
li (Residential Single Family Dwelling)District at 8235
Broussard.
RECOMMENDATION
The Administration recommends approval of the amended specific use permit subject to the
following condition:
• Provide adequate access to the rear building to meet the Fire Department's
requirements
and with a modification to the landscaping/screening requirements along the west and south
property lines and the south 120'of the east property line (5'chainlink fence and existing trees)
and the screening requirement along the parking lot frontage on Broussard(no 6'wide landscape
strip).
BACKGROUND
Voth Baptist Church has requested an amended specific use permit.
Voth Baptist Church states that a 2,500 sq. ft. building on the subject property was destroyed by
Hurricane Rita. The church would now like to construct a 3,000 sq. ft. building to replace the old
one. The new building will contain five Sunday School classrooms. In addition,an existing one
story frame residence is used for four more classrooms. The damaged building has been torn down.
The church is requesting a modification to the landscaping/screening requirements along the west
and south property lines and the south 120'of the east property line as well as along the frontage of
the parking lot on Broussard. In 1998, City Council approved a specific use permit to allow the
expansion of the church onto the subject property. That approval included a modification to the
landscaping/screening requirements by allowing the existing 5' chainlink fence and trees to remain.
In addition,the existing paving stretches nearly the entire width of the property frontage on
Broussard. To install landscaping would require the removal of pavement.
At a Joint Public Hearing held October 18, 2010, the Planning Commission voted 6:0 to approve
the amended specific use permit subject to the following condition:
• Provide adequate access to the rear building to meet the Fire Department's
requirements
and with a modification to the landscaping/screening requirements along the west and south
property lines and the south 120'of the east property line(5'chainlink fence and existing trees)
and the screening requirement along the parking lot frontage on Broussard(no 6'wide landscape
strip).
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE
PERMIT TO VOTH BAPTIST CHURCH TO ALLOW THE EXPANSION
OF A CHURCH IN A RS (RESIDENTIAL SINGLE FAMILY
DWELLING) DISTRICT AT 8235 BROUSSARD.
WHEREAS, on February 24, 1998, City Council approved Ordinance 98-12 issuing
a specific use permit to Voth Baptist Church, to allow the expansion of the church onto the
subject property in a RS (Residential Single Family Dwelling) District at 8234 Broussard,
being Tract 124-13, Plat RS-5, D. Easley Survey, Abst. 20, City of Beaumont, Jefferson
County,Texas containing 1.00 acre, more or less. That approval included a modification to
the landscaping/screening requirements by allowing the existing 5'chainlink fence and trees
to remain.
WHEREAS, the applicant, Voth Baptist Church, wishes to amend the specific use
permit to allow the expansion of a church in a RS (Residential Single Family Dwelling)
District located at 8235 Broussard, being Tract 124-B, Plat RS-5, D. Easley Survey, Abst.
20, City of Beaumont, Jefferson County, Texas containing 1.00 acre, more or less, as
shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request to amend the specific use permit to allow the expansion of a church
in a RS(Residential Single Family Dwelling)District for property located at 8235 Broussard;
and,
WHEREAS, the City Council is of the opinion that the amendment of such specific
use permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and,
Section 1.
That Ordinance 98-12 be amended by amending the specific use permit granted to
Voth Baptist Church, its legal representatives,successors, and assigns for that certain tract
shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to allow a
expansion of a church for property located at 8235 Broussard subject to the following
condition:
• Provide adequate access to the rear building to meet the Fire Department's
requirement; and,
with a modification to the landscaping/screening requirements along the west and south
property lines and the south 120' of the east property line (5' chainlink fence and existing
trees) and the screening requirements along the parking lot frontage on Broussard (no 6'
wide landscape strip).
Section 2.
Notwithstanding the site plan attached hereto as Exhibit "B", the use of the property
herein above described shall be in all other respects, subject to all of the applicable
regulations contained in Ordinance 98-12 and the regulations contained in Chapter 30 of
the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as comply
with any and all federal,state and local statutes, regulations or ordinances which may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
-Mayor Becky Ames-
,
File -P: Request for an amended specific use permit to allow the expansion of a church N
in an RS (Residential Single Family Dwelling) District.
Location: 8235 Broussard
Applicant: Voth Baptist Church
0 100 200
Feet A
Legend
2060P
R-S
R,S/
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0
BROUSSARD RD
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10
--------------
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rn R-
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0
............
EXHIBIT "A"
CLIENT: LOTH BAPTIST CHURCH
S 86 2824* W 90.30'
(CALLED S 8630'00'W 89.75)
FOUND PIP£ FENCE IRON
IRON
i
i
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V
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FENCE b4
O
N
SCALE 1'- 40'
♦ N
�j 19.94 19.75 h
50-LI
W ;
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h n ONE N�"�i •O" p Q
o METAL BUILDING o c y O
Cn b ON SLAB b L-i rn �•
O (5 CLASSROOMS) O y "Cl Cl N
L7 U 2 y y
50'
¢ Q
PROPOSED
ADA SIDEWALK DUSTING Q ti
ONE STORY y0„ G N
FRAME
0)
RESIDENCE O L7ti
ON SLAB 0 rn bD
CHAIN LINK
a .
c!y y,
FENCE ++ 0 �
SJ N N
STEPS O 'C
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PARKING GROUP 30
I SPACE FOR EACH TEACHER
AND STAFF PERSON
C � ai Q C
9 SPACES REWIRED O
14 PRO14DED � ,r 3
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rn
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d
:tea' N
I UND 1 O 0 N
N PI PE
(POINT OF BEGINNING) 4] N O
N 8630'00" E 89.67' �
(REFERENCE BEARING)
(CALLED 89.75) p '� y.. O
8235 BROUSSARD ROAD
SURWYOWS CERnnCAM P. o 0
I do hereby certify to the best of my knowledge and belief that this is an accurate plat of a survey made on the ground, , c� p
under my supervision, showing above ground improvements and risible encroachments, as of AMWVY1S,1995.
The above tract being located at 8235 SROUSS4RD ROAD,BEAUMOM,TE11A577713 - to
The tract being described as A1.00 ACRE TRACT OUT OFTHED.tASLEYSURVEY i
as recorded in aB MS FILE#9507564 OFTHE JEFFSZON COUNTY REAL PROPERTY RECORDS,JEFFERSON COUNTY,TEXAS In ¢ e4
accordance With Flood Insurance Rote MC (F7RM) of the Federal&n cy Management Agency, the sub�'ect tract is * y
located in flood Zone noted blow. The I�cafiaFn of the property was ete mined by soda Actual field elevation was not
determined, unless requested FAUST Engineering and Surveying, Inc d of warrant or subscribe to the accuracy of
said mop.
02010 FAUST Engineering rind Surveying, Inc.
An rphtr reserved
7W SURVEY IS CER77nED FOR THIS 7RANSAC770N ONLY AND IS NOT
TRANSFERABLE TO ADD17IONAL WSTTUTIONS OR SUBSEQUENT OWNERS USE
OF THIS SURVEY FOR ANY OTHER PURPOSE OR BY OTHER PARTIES SHALL BE
AT]HEIR OW RISK AND 7HE UNDERSIGNED SURVEYOR IS NOT RESPONSIBLE RICHARD F. FAUST
70 OTHERS FOR ANY LOSS RESLX77NO THEREFROM. REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
SURVEYORS NOTES:
Dote: FEBRUARY 15, 1995 G
Census Tract: 1.01 '�`'•""" •T�-f
FEW Flood Zone: C �Q'rti�`S�89R
co:Q o'.cn
Community Panel NO.: """""""'•"""""
fiCf1AFl..F.FAU5T
485457-0045 B "'.q"" """"""
Panel Date: 1214184 9 !Q
Field Book No.: 94-5 SUR`�
Project No, 9504-037 ENGINEERING AND SURVEYING,INC.
2525 cN.mt srREET 3EA M OXT,7exw3 mare
C4M 813-3110 FAX UOeh 813-3181
EXHIBIT "B"
7
November 2,2010
Consider a request for a specific use permit to allow a funeral home in a GC-MD(General
Commercial-Multiple Family Dwelling)District at 3311 Calder
2109 WITS OPPOSTIISITT
BEAUMON*
T • $ • a * A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
G>6
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a funeral home in a GC-MD (General Commercial-
Multiple Family Dwelling)District at 3311 Calder.
RECOMMENDATION
The Administration recommends approval of the specific use permit subject to the following
conditions:
• Nineteen parking spaces will be required.
• The applicant must provide written permission to use available parking within 400
feet of the subject property or apply for and be granted a special exception to the
parking requirement by the Board of Adjustment.
BACKGROUND
Bono Esperanza has requested a specific use permit.
The funeral home will operate out of an existing commercial building. It will provide complete
funeral services except for an on-site crematory. The funeral home will be open 10 a.m. -6 p.m.,
Monday through Saturday. On days with visitation,the funeral home will be open until 8 p.m.
Three employees will work at the facility.
Mr. Esperanza states that the chapel will accommodate up to seventy-five persons. Based upon that
number,nineteen parking spaces will be required. The site plan shows five parking spaces across
the front of the property. According to the Calder Street Project Engineer,the property frontage
will remain as it currently exists,which is a driveway. The applicant must provide written
permission to use available parking within 400 feet of the subject property or apply for and be
granted a special exception to the parking requirement by the Board of Adjustment.
i
At a Joint Public Hearing held October 18, 2010, the Planning Commission voted 4:2 to approve
a specific use permit to allow a funeral home in a GC-MD District at 3311 Calder subject to the
following conditions:
• Nineteen parking spaces will be required.
• The applicant must provide written permission to use available parking within 400
feet of the subject property or apply for and be granted a special exception to the
parking requirement by the Board of Adjustment.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A FUNERAL HOME IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT AT 3311 CALDER AVENUE IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Bono Esperanza has applied for a specific use permit to allow a funeral
home in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3311 Calder
Avenue, being the west 14' of the south 125' of Lot 12, Block 22, Jarrette Addition and the
adjacent abandoned right-of-way of 17th Street,City of Beaumont,Jefferson County,Texas,
containing 0.212 acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request for a specific use permit to allow a funeral home in a GC-MD
(General Commercial-Multiple Family Dwelling) District at 3311 Calder Avenue; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
• Nineteen parking spaces will be required.
• The applicant must provide written permission to use available parking within 400
feet of the subject property or apply for and be granted a special exception to the
parking requirement by the Board of Adjustment.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow an office for a funeral home in a GC-MD(General
Commercial-Multiple Family Dwelling) District at 3311 Calder Avenue, being the west 14'
of the south 125' of Lot 12, Block 22, Jarrette Addition and the adjacent abandoned right-
of-way of 17'h Street, City of Beaumont, Jefferson County, Texas, containing 0.212 acres,
more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Bono
Esperanza, his legal representatives, successors and assigns, as shown on Exhibit "A,"
attached hereto and made a part hereof for all purposes, subject to the following
conditions:
• Nineteen parking spaces will be required.
• The applicant must provide written permission to use available parking within 400
feet of the subject property or apply for and be granted a special exception to the
parking requirement by the Board of Adjustment.
Section 2.
That the specific use permit herein granted is expressly issued for and in accordance
with each particular and detail of the site plan attached hereto as Exhibit"B" and made a
part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
Ffie.2061.: : Request for a specific use permit to allow a funeral home in a GC-MD N
(General Commercial Multiple Family Dwelling) District
Location: 3311 Calder
Applicant: Homobono, Pulido
0 200 400
I I I I Feet A
NoRTH ST Legend
RM=H 2061P
R
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RM-H!
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CFADDIN AVE
mcFADDIN AVE
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GC-MD
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EXHIBIT "A"
n Nn
FINISH FLOOR
ELEVATION
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it
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EXHIBIT "B"
HA�ft— APIN, Approval subject to the following conditions:
Nineteen parking spaces will be required.
The applicant must provide written per-mission to use available parking within 400 feet of the subject property or
S I'TE' apply for and be granted a special exception to the parking requirement by the Board of Adjustment.
`
8
November 2,2010
Consider approving the abandonment of portions of a sanitary sewer easement in the 100 block
of Lethia
I
slaw WITw OPPORTUNITY
BEAUMCN*T • $ • X • A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, 'ommunity Development Director
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider the abandonment of portions of a sanitary
sewer easement in the 100 block of Lethia.
RECOMMENDATION
The Administration recommends approval of the abandonment.
BACKGROUND
Magnolia Missionary Baptist Church has applied for the abandonment of several easements on
Lethia Street.
Magnolia Missionary Baptist Church has applied for the abandonment of several easements in Lots
8-11,Block 1,North First Addition. The easements are located on property at the northwest corner
of Lethia and Virgil.
In 1950 and 1963,easements were granted for a 6" sewer line. Magnolia Missionary Baptist
Church is constructing a new church on the subject property. The church has granted a new
easement across their property and has laid a new sewer line with the City's approval. The old
sewer line is no longer in service and has been abandoned.
At a Public Hearing held October 18,2010, the Planning Commission recommended approval
5:0:1 of the abandonment of approximately 200 ft. of a 5 ft. wide utility easement running across
Lots 8-11, Block 1,North V Addition.
BUDGETARYIMPACT
None.
SIGMA ENGINEERS, INC.
ENGINEERS & DESIGNERS
4099 Calder Avenue• Beaumont,Texas 77706• (409)898-1001 • FAX(409)898-3420
September 13, 2010
City of Beaumont Planning Division
801 Main Street, Room 205
Beaumont, Texas 77704
Re: Magnolia Missionary Baptist Church
SEI#08-213
In 1950 and 1963 easements were granted for a 6" sewer line crossing lot's 8, 9, 10 and 11 of
Block 1 for the First Addition to North Addition to Beaumont as recorded in Vol. 4, Page 124
MRJC.
Magnolia Missionary Baptist Church has acquired portions of these lots through the past years
and wish to build a new Church on these lots. The Church has granted a new easement across
their property and has laid a new sewer line with the City's approval per City requirements. The
old sewer line is no longer in service and has been abandoned.
Magnolia Missionary Baptist Church requests the easements for the abandoned 6" line also be
abandoned.
Sincerely,
Sigma Engineers, Inc.
Corey Rawls
Architectural Designer
CR/cn
Enclosure(s): Application for Utility Easement Abandonment
Exhibit"A" Legal Description of Existing Easement
Exhibit"B" Map
Exhibit"C" Legal Description of New Easement
Exhibit"D" Schedule of Existing Easements
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING
APPROXIMATELY 200' OF A 5' WIDE UTILITY EASEMENT RUNNING
ACROSS LOTS 8-11, BLOCK 1, NORTH FIRST ADDITION ON LETHIA
STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT approximately 200 ' of a 5' wide utility easement running across Lots 8-11, Block 1,
North First Addition on Lethia Street, City of Beaumont, Jefferson County, Texas, as
described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same are
hereby vacated and abandoned and that title to such property shall revert to and become
the property of the persons entitled thereto, as provided by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves an addendum to the Treasury Management Master
Services Agreement with Capital One Bank, attached hereto as Exhibit "A," to include
image cash letter services.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor.Becky Ames -
TREASURY MANAGEMENT- IMAGE CASH LETTER SERVICE ADDENDUM
This ADDENDUM describes Capital One,National Association's ("Bank") Image Cash Letter Service. This ADDENDUM
incorporates the Master Services Agreement,which shall be taken and considered as a part of this ADDENDUM as if it were
fully set forth herein. In the event of inconsistency between a provision of this Addendum and the Master Services
Agreement,the provisions of this Addendum shall prevail.
SECTION 1. DEFINITIONS. "Check" means an original check as defined in Regulation CC that is payable on demand,
whether negotiable or not, and payable or endorsed to Customer. "Imaged Item"means the digitized image of a Check that is
captured by Customer and transmitted to Bank using the Service.
SECTION 2. THE SERVICE. The Bank's Image Cash Letter Service("Service's permits Customer to transmit imaged Checks to
Bank,to be processed by Bank as Imaged Items. Customer shall provide through its own methods or devices the captured check images
and check data, including the magnetic ink character recognition formatting (MICR) information through electronic
transmissions.Customer authorizes Bank to process the Imaged Items as substitute checks, as may be applicable for further clearing
through any other financial institution,clearinghouse or the Federal Reserve Bank.
SECTION 3. PROCESSING. The Bank's cut-off time for Imaged Items to be processed on a same-day basis is 5:00 pm Cr
or 6:00 pm ET. Any Imaged Items received after this time will be processed on the next business day. Deposits will only be
processed on Bank business days. A schedule of the Bank's holidays can be provided upon request Imaged Items delivered by
the Service will be considered Y they are P Y deposited on the da th processed b the Bank and at the location where Bank or its
designated agent posts the credit to Customer's account.
SECTION 4. WARRANTIES. Customer warrants to Bank that:
(1) any image Customer transmits under this Addendum is a good and accurate image of the front and back of the Check;
(2) any image Customer transmits under this Addendum will comply with the x9.37 format, as required by the Metavante xVision
X9.37 Companion Guide,which is attached hereto and which Customer acknowledges receipt;
(3) any information Customer transmits to Bank pursuant to this Addendum accurately represents all of the information on
the front and back of the Check as of the time the Check was truncated, including without limitation: payment
instructions placed on the Check by,or as authorized by,the drawer,such as the amount of the Check,the payee,and the
drawers signature;information identifying the drawer and the paying bank that is preprinted on the Check,including the
MICR line;and other information placed on the Check prior to the time an image of the Check is captured,such as any
required identification written on the front of the Check and any endorsements applied to the back of the Check;and
(4) there will be no duplicate presentment of a Check in any form, including as an Imaged Item, as a paper negotiable
instrument or otherwise.
(5) Customer will not transmit any third-party Checks under the Service. Customer represents that Customer is not now
engaged and will not engage during the term of the Addendum in any business that would result in Customer being a
"money service business"as defined in the federal Bank Secrecy Act and its implementing regulations.
SECTION 5. SECURITY.
(1) Customer acknowledges that Checks and Imaged Items contain confidential and nonpublic person information about
Customer's customers. Customer shall completely and thoroughly destroy all Checks deposited pursuant to this
Addendum within a commercially reasonable period of time. Until the Checks are destroyed,Customer shall store them
in a safe and secure location. Customer will take appropriate security measures to ensure that only authorized persons
have access to Checks and that the information contained on the Checks or on any Imaged Item are not disclosed to
Capital One ConfidentialCapital One,N.A. •P.O.Box 61540•New Orleans,LA 70161 •888-822-2274
Page 1 of 7
Image Cash Letter 06/10
EXHIBIT "A"
unauthorized third parties,unless ordered to do so by the Texas Attorney General or a court of competent jurisdiction.If
so ordered,Customer agrees to immediately notify Bank,in writing,of same.
(2) Customer agrees to exercise due care in preserving the confidentiality of any user identification,password,test key,or
other authentication method provided by Bank or otherwise required for use of the Service. Customer assumes full
responsibility for the consequences of any unauthorized use of or access to the Service or disclosure of any
confidential information by Customer,its employees and agents.
(3) Customer acknowledges that Bank utilizes reasonable security procedures. Customer agrees to be responsible for any
transmission Bank processes or receives through the Service,even if it is not in fact authorized by Customer,provided
it includes a password or is otherwise processed by Bank in accordance with its security procedures. Customer also
acknowledges that when using a Third Party Agent to transmit Imaged Items, other than technical specifications
required by Bank, the Customer or Third Party Agent, not Bank,is solely responsible for establishing,maintaining and
following such security procedures as deemed necessary to ensure that files transmitted to Bank are intact, secure and
confidential until received by Bank.
SECTION 6. REQUESTED INFORMATION. Customer agrees to provide such information as requested by Bank in
order to qualify Customer for the Service, including without limitation, business activities, risk management processes,
geographic location, customer base, and employee policies. If qualified, Customer agrees to provide information and
documents as requested by Bank to facilitate investigations related to unusual transactions or poor quality transmissions or to
resolve disputes. Such documents may include copies of imaged documents or original documents,if available.
SECTION 7. SERVICE AVAILABILITY. Bank may at any time add,delete or change the features or functionality of the
Services at its sole discretion. Bank will notify Customer of the change as required by applicable law. If the change adversely
affects Customer's usage of the Service,Bank will attempt to notify Customer in advance of the change. The Service may at times
be unavailable to Customer, either with or without prior notice, for maintenance, security or other reasons, and Customer
acknowledges that factors beyond Bank's reasonable control may also cause the Service to be unavailable.If Customer is not able
to submit an image file via the Service,Customer should deliver the original Checks to the nearest Bank branch for deposit.
SECTION 8. REJECTION OF IMAGES. Bank reserves the right to refuse to process or reject any Imaged Items for any
reason at its sole discretion. Bank may from time to time establish Service limitations,which Customer must follow. Bank shall
provide Customer ten(10)days notice of any such limitations.
SECTION 9. RETURN OF ITEMS. Bank will process any returned Imaged Items in accordance with applicable law and
the deposit account agreement governing the account for which the Imaged Item is presented.
SECTION 10. THIRD PARTY AGENT.
(1) Customer may appoint,as its limited agent,with respect to the performance of any activities relating to the Service,a third
party to perform such activities (`Third Party Agent'. Customer shall be solely responsible for all actions and
obligations of such Third Party Agent under the Addendum as if they were the direct actions and obligations of
Customer itself. Customer acknowledges that, among other things, this means that Customer is liable for the Third
Party Agent's breaches of warranties and obligations under the Addendum,including liability for indemnification for
such breaches,as if the Customer breached such warranties and/or obligations itself.
(2) Customer agrees to notify Bank of each Third Party Agent it intends to use and other information that Bank may
require about the Third Party Agent. Failure to provide timely notice could result in the rejection of Imaged Items by
Bank. Bank may in its sole discretion choose not to accept Imaged Items from a Third Party Agent identified by
Customer. Notwithstanding any notification of Third Party Agent to Bank, Customer represents and warrants to
Bank that it has solely, independently and without reliance upon Bank, made its own appraisal of and investigation
Capital One ConfidentialCapital One,N.A. •P.O. Box 61540•New Orleans,LA 70161 •888-822-2274
Page 2 of 7
Image Cash Letter 06/10
CM ��a1' `"Bank
into the business, operations, intellectual property and other rights, financial, and other conditions, rights and
creditworthiness of any Third Party Agent based upon documentation and other information it as it has deemed
appropriate and made its own decision to enter into a relationship with any Third Party Agent. Customer also
represents and warrants to Bank that it will,independently and without reliance upon Bank,continue to make its own
analysis,appraisals and decisions with regard to any relationship with a Third Party Agent as it deems appropriate.
(3) Customer warrants to Capital One that any Third Party Agent is familiar with the relevant terms of the Addendum,and
shall at all times be in compliance with such terms,including without limitati on,image quality, prohibition of duplicate
items,and proper storage and destruction of original checks. By entering into this Addendum,Customer gives Bank the
right to communicate with the Third Party Agent in connection with the Service and to treat Third Party Agent
instructions as if the instructions were directly from Customer.
(4) Any software necessary for use of the Services by the Third Party Agent must be maintained by the Third Party Agent,
and must meet technical specifications acceptable to Bank,as described in Section 2 hereof.
SECTION 11. AUDIT. Bank may at its reasonable discretion conduct an on-site inspect of Customer's place of business to
ensure compliance with the provisions of this Addendum. Customer also agrees to provide to Bank upon request any internal
audits or assessments regarding compliance with the Addendum.
SECTION 12. INDEMNIFICATION. To the extent permitted by law,Customer will indemnify and hold the Bank harmless
from any liability,loss,injury or damage,including without limitation all incidental and consequential damages, together with all
related reasonable out-of-pocket costs and expenses,including legal fees, resulting directly or indirectly from: (1) any breach of
warranty or other breach,or failure to perform,under the terms of this Addendum; (2) any warranty or indemnity claim brought
against the Bank by a third party under 12 CFR 229.52, 12 CFR 229.53 or other regulations in connection with an Imaged Item
transmitted to Bank by Customer; (3) any loss by any recipient of an Imaged Item processed by Customer under this Addendum,
if that loss occurred due to the receipt of an Imaged Item instead of the Check;(4) any wrongful acts or omissions of Customer,
or any person acting on Customer's behalf(including without limitation Customer's authorized processor,if any),in connection
with Customer's use of the Services, including any misuse of the Services; and (5) without limiting Customer's other
indemnification obligations,which shall apply equally to actions taken by the Third Party Agent,all Third Party Agent's actions or
inactions relating to the Service, including those related to intellectual property claims. These indemnification obligations shall
survive the termination of the Addendum.
SECTION 13. TERMINATION. Notwithstanding the provisions of the Master Services Agreement,Bank may terminate the
Service at any time. Bank will try to provide reasonable notice and will provide any notice as required by applicable law.
SECTION 14. ACTIVATION PROCEDURES. This Addendum is to be reviewed by Bank for functional capability and
priced or modified as mutually agreed by Bank and Customer. When completed and accepted by Bank,a copy of this Addendum
will be returned to Customer.
SECTION 15. NO THIRD PARTY BENEFICIARIES. Bank has no obligation to any person not a party to this
Addendum. No other person will be a direct or indirect legal beneficiary of, or have any direct or indirect cause of action or
claim in connection with,this Addendum.
SECTION 16. OTHER CONDITIONS.
A. All notices or other communications hereunder must be in writing or by electronic mail and shall be deemed effective
when delivered by hand or sent and received by certified mail, postage prepaid with return receipt requested, at such
addresses appearing herein, or to such other addresses as either party may specify in writing to the other party or upon
receipt by the party by electronic mail. Any notices or inquiries regarding this Addendum or the Master Services
Agreement should be sent to:
Capital One ConfidentialCapital One,N.A.• P.O.Box 61540 • New Orleans,LA 70161 •888-822-2274
Page 3 of 7
Image Cash Letter 06/10
cap"ClRe'Bank
If to Bank: If to Customer:
Treasury Management Services Ginny Morales
Capital One,National Association City of Beaumont
P.O.Box 61540 801 Main
New Orleans,LA 70161-1540 Beaumont,TX 77701
Phone (888) 822-2274 Phone 409-880-3103
Fax (504) 533-2913 Fax
Email Treasu Qccanitalonebank.com Email
B. Customer's execution of this Addendum or use of any of the described services evidences Customer's agreement to be
bound by the covenants and conditions of this Addendum and the Master Services Agreement. We reserve the right
to change the terms of this Addendum,upon 30 days written notice to Customer. You agree that your continued use
of the Services will constitute your agreement to the amended terms of the Addendum.
C. The undersigned represent and warrant that they have full authority to execute this Addendum on behalf of Bank and
Customer, respectively. If Customer is signing this Addendum on behalf of separate corporate entities, affiliates,
divisions or subsidiaries as well as on its own behalf,Customer hereby represents and warrants to Bank it has received
proper authorization or powers of attorney from each of such separate corporate entities, affiliates, divisions or
subsidiaries to bind them to the terms of this Addendum and the Master Services Agreement.
By execution of this Addendum,Customer acknowledges its review and acceptance of this Addendum.
CAPITAL ONE,NATIONAL ASSOCIATION CITY OF BEAUMONT
Bank Customer
Authorized Signature Authorized Signature
<<Salesperson>>
Print Name Print Name
Title Title
Date Date
Capital One ConfidentialCapital One,N.A •P.O.Box 61540•New Orleans,LA 70161 •888-822-2274
Page 4 of 7
Image Cash Letter 06/10
Ca�itarI Bank
IMAGE CASH LETTER (ICL)
SCHEDULE A
1. CUSTOMER INFORMATION:
Customer Name:
Street Address:
City,State and Zip Code:
Requested Date of Service:
Number of Files Daily:
Estimated File Size(Items):
Estimated Monthly#of Checks:
(Amendments to this section must be in writing and will be deemed effective when received by bank)
2. CUSTOMER CONTACTS:
Primary Contact:
Phone: Email:
Secondary Contact:
Phone: Ems:
Technical Contact:
Phone: Email:
(Amendments to this section must be in wnting and will be deemed effective when received by bank)
3. IMAGE CASH LETTER(ICL)-FILE REQUIREMENTS:
File Naming Convention The ICL file name will be comprised of the following segments in the
following order:
1. Customer name
2. 8-digit date code
3. 6-digit time code(in 24-hour format)
4. Customer optional identifier
5. ".ICL" (file extension)
File Format The ICL file must be in ANSI X9.37 format,and must conform to file
documentation supplied by Bank. The ICL file should include an image of
the front and back of each check to be deposited,including its MICR line
and endorsement information. (See the attached Metavante Check21 xVision-
X9.37 Companion Guide)
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B
RICH WITS OPPORTUNITY
UnN7W
BEAURU
T • S • X • A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider approving the purchase of three(3)
Chevrolet Tahoes for use by the Police Department
RECOMMENDATION
The administration recommends approval of the purchase from Caldwell Country Chevrolet of
Caldwell, Texas, in the amount of$76,558.
BACKGROUND
Pricing for the vehicles was obtained through the BuyBoard Cooperative Purchasing Program.
Buyboard is a cooperative purchasing association which provides cities and political subdivisions
with the means to purchase specialized equipment at volume prices. BuyBoard complies with the
State of Texas procurement statutes. The purchase price of$76,558 includes the BuyBoard
administrative fee of$400.
Replacement vehicles and additions to the fleet are requested through the City's budget process.
The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this
evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer
cost effective to operate. The age and mileage of the older vehicles render them unfit for
continued service. The vehicles will be disposed of according to the City's surplus property
disposal policies.
One unit will be used by the Municipal Court's Warrant Officer. Another will be used in Police
field operations. These units will be equipped with license plate scan readers. The third unit will
be used in the Police CID Drug Interdiction Program.
Warranties of three(3)years or 36,000 miles are provided for each vehicle. The warranty service
is provided by local authorized dealerships.
BUDGETARY EWPACT
Funds are budgeted in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a three (3) Chevrolet Tahoes for
use by the Beaumont Police Department from Caldwell Country Chevrolet of Caldwell,
Texas, in the amount of$76,558 through the BuyBoard Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
c.
RICH WITH OPPORTUNITY
BEA,[1M011*
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: November 2, 2010
REQUESTED ACTION: Council consider authorizing an interlocal agreement with
the cities of Port Neches,Nederland, and Groves.
RECOMMENDATION
The Administration recommends the Council authorize the City Manager to enter into an
interlocal purchasing agreement with the cities of Port Neches,Nederland and Groves to
purchase like goods and services.
BACKGROUND
Municipalities are authorized by the Section 271.102 of the Local Government code to pursue
mutually beneficial and cooperative purchasing programs. The purpose of this agreement is to
enable the cities of Port Neches,Nederland, and Groves, as well as the City of Beaumont,to
purchase like goods, services and contracts. This will also allow the cities to avoid duplicating
procurement efforts and obtain the benefits of volume purchasing while satisfying the
requirement of these purchases to be competitively bid.
Vendors will be contacted by the awarding City for agreement in providing the goods or services
to the additional City at the same pricing and terms and conditions as provided on the original
bid specifications. Each City will be responsible for maintaining their own contracts and
payments to the vendor.
BUDGETARYIMPACT
The interlocal agreement has no budgetary impact.
RESOLUTION NO.
WHEREAS, Port Neches, Nederland, Groves, and Beaumont have all determined a
need for a cooperative agreement to purchase like goods and services to avoid duplicate
procurement efforts and obtain the benefits of volume purchasing; and,
WHEREAS, Port Neches, Nederland,Groves,and Beaumont are authorized by Section
271.102 of the Local Government Code to pursue mutually beneficial and cooperative
purchasing programs;
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
That the City Manager be and he is hereby authorized to execute an interlocal
agreement with the cities of Port Neches, Nederland and Groves to purchase like goods
and services, 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 2nd day of
November, 2010.
- Mayor Becky Ames -
Cooperative Purchase Interlocal Agreement—DRAFT
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT
This Cooperative Purchasing Interlocal Agreement("Agreement") is made and entered into as of the
date written below between the Cities of Port Neches, Nederland,Groves,and Beaumont,Texas.
WHEREAS, Port Neches, Nederland,Groves,and Beaumont have all determined a need for a
cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and
obtain the benefits of volume purchasing; and
WHEREAS, Port Neches, Nederland, Groves,and Beaumont are authorized by Section 271.102 of the
Local Government Code to pursue mutually beneficial and cooperative purchasing programs;
NOW,THEREFORE,for and in consideration of the mutual obligations and benefits contained herein,
Port Neches, Nederland, Groves,and Beaumont agree as follows:
SECTION 1.The purpose of this Agreement is to enable Port Neches, Nederland,Groves, and Beaumont
to purchase like goods,services,contracts and to avoid duplicate procurement efforts and obtain the
benefits of volume purchasing by satisfying the provisions of Section 271.102 of the Local Government
Code.
SECTION 2. The parties agree that each of the parties shall respectively designate a person to act under
the direction of,and on behalf of,the entity. ("Designated Representative").
SECTION 3. At the request of the other party, a party that enters into a contract with a vendor for goods
or services(the "First Purchasing Party")shall attempt to obtain the vendor's agreement to offer those
goods and services to the other party(the"Second Purchasing Party")for the same price and on the
same terms and conditions as have been offered to the First Purchasing Party. If the vendor so agrees,
and if the Second Purchasing Party is agreeable to such terms and conditions,the Second Purchasing
Party may enter into its own separate contract with the vendor for the purchase of such goods or
services.The First Purchasing Party shall be responsible for any bidding process that may be required for
a particular purchase.
SECTION 4. Unless otherwise agreed between the Designated Representatives, payments for a purchase
made by the Second Purchasing Party shall be paid directly to the vendor and not to the First Purchasing
Party.The Second Purchasing Party shall have the responsibility of determining whether the vendor has
complied with any provisions in its contract with the vendor, including but not limited to those relating
to the quality of items and terms of delivery, and shall be responsible for enforcement of its contract
against the vendor, including all cost of enforcement. Each party must make payments for purchases
from current revenues available to the paying party.
SECTION S.This Agreement will be subject to all applicable federal,state and local laws,ordinances,
rules and regulations.
SECTION 6.This Agreement is for a twelve month term and renews annually. It may be terminated by
any party,without cause or penalty, upon not less than thirty days written notice to the other parties;
1
EXHIBIT "A"
Cooperative Purchase Interlocal Agreement—DRAFT
except that if one party elects to terminate its participation this agreement will continue as to the
remaining parties unless and until they terminate.
SECTION 7.The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and
revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to
be resolved against the drafting party must not be employed in the interpretation of this Agreement or
any amendments or exhibits hereto.
SECTION 8. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable,the
legality,validity or enforceability of the remaining terms or provisions of this Agreement shall not be
affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision,the parties
shall endeavor to agree to a legal,valid or enforceable term or provision as similar as possible to the
term or provisions declared illegal, invalid or unenforceable.
SECTION 9. Execution of this Agreement does not obligate Port Neches, Nederland,Groves,or
Beaumont to make any purchase,to pay any membership fee or to otherwise or in any manner incur
any cost or obligation.
SECTION 10.This Agreement may be executed in multiple counterparts,each of which shall be deemed
an original, and all of which shall constitute but one and the same instrument.
SECTION 11.The undersigned officers and/or agents are properly authorized to execute this Agreement
on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions
extending such authority have been duly passed and are now in full force and effect.
SECTION 12. All notices, requests,demands,and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly
given upon the delivery or receipt thereof,as the case may be, if delivered personally or sent by
registered or certified mail, return receipt requested, postage prepaid,to the respective city
representative set out below,or his/her designee.
2
Cooperative Purchase Interlocal Agreement—DRAFT
The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this
the day of 2010.
CITY OF BEAUMONT,TEXAS
By:
Title: City Manager
3
D
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider approving a payment of fiscal year 2011
dues to the South East Texas Regional Planning
Commission(SETRPC)
RECOMMENDATION
The administration recommends approval of the payment in the amount of$42,702.32.
BACKGROUND
The SETRPC was established in June of 1970 under enabling legislation as a voluntary
association of local governments. Its purpose is to encourage and permit local governments to
join and cooperate with one another to improve the health and safety of their citizens, to plan for
future development and transportation efforts; and to recognize the needs of agriculture, business
and industry, among other things.
The City of Beaumont supports the SETRPC and the community projects they perform. Some of
the programs these dues will fund are the Criminal Justice Program;the Area Agency on Aging
(AAA) Program; the Homeless Coalition; the Foster Grandparents Program (FGP); and the
Retired Senior Volunteer Program (RSVP).
BUDGETARYIMPACT
Funds are budgeted in the General Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the payment of fiscal year 2011 dues to the South
East Texas Regional Planning Commission (SETRPC) in the amount of$42,702.32.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of
November, 2010.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director.
MEETING DATE: November 2, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to execute
all documents necessary for the affiliation agreement
between The City of Beaumont EMS and Emergency
Medical Educators.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
The City of Beaumont EMS Division would like to enter into an agreement with Emergency Medical
Educators (EME) to provide an opportunity for students of EME to utilize The City of Beaumont
EMS for the sole purpose of clinical rotation and for educational purposes under the direct
supervision of The City of Beaumont EMS Division. EME will assume all responsibilities and
insurance for the students under this agreement.
BUDGETARYIMPACT
None.
EMERGENCY MEDICAL EDUCATORS
225 BEST ROAD 409-296-6246
BEAUMONT TX. 77665 409-656-0528
CLINICAL AFFILIATION AGREEMENT
BETWEEN
EMERGENCY MEDICAL EDUCATORS
AND
CITY OF BEAUMONT EMS
This agreement, by and between City of Beaumont EMS hereinafter referred to as (PROVIDER)
located at 2870 Laurel, Beaumont Texas 77702 and Emergency Medical Educators (hereinafter
referred to as "EME"). Emergency Medical Educators is a emergency services training facility,
taught under the guidelines of Department of transportation and National registry of emergency
medical technician, located at 225 Best Road, Winnie Texas 77665. EME and Provider may
individually be referred to herein as a "party" and collectively as "Parties".
WITNESSETH
WHEREAS, EME offers a certification program in Emergency Medical Services;
WHEREAS, PROVIDER offers a comprehensive outpatient acute care entity licensed in the state
of Texas;
WHEREAS, it is agreed by the parties to be of mutual interest and advantage that the students of
EME be given the opportunity to utilize PROVIDER as a setting for a clinical learning experience
through the application of knowledge and skills in an acute care setting;
WHEREAS, no financial obligation will be incurred by either party as a result of this agreement;
WHEREAS, assignment of students will be made without regard for race, creed, sex, or national
origin;
WHEREAS, at no time will students be considered employees and therefore will not be eligible to
receive payment for services rendered, replace an agency employee, or possess authority to enter
any form of agreement, binding or otherwise on behalf of the PROVIDER;
WHEREAS, medical care for any acute injury or illness students may experience while at
PROVIDER will be immediately provided, and that cost for healthcare provided will be the
sole responsibility of the student.
ARTICLE 1
STATEMENT OF WORK
EME and PROVIDER agree to work cooperatively in providing EME Emergency Medical Services
students a clinical learning experience through the application of knowledge and skills in an acute
care setting.
ARTICLE 2
RESPONSIBILITIES
EME WILL:
1. Establish guidelines for clinical eligibility.
2. Be responsible for the provision of classroom theory and practical instruction to students prior to
clinical assignments.
3. Be responsible for selection of students entering the program.
4. Ensure students understand guidelines of clinical as required by the PROVIDER,
5. In cooperation with PROVIDER prepare clinical rotation schedules, ensure PROVIDER receives
schedule, and ensure PROVIDER approves proposed schedule prior to sending students,
6. Provide clinical staff with ability to evaluate student performance,
7. Furnish PROVIDER with proof of student liability insurance,
8. Ensure compliance with published PROVIDER policies as provided to EME,
9. Supply PROVIDER with proof of student health to include,
• Negative TB Skin Test
• MMR documentation
• Current Tetanus vaccine
• Other immunization (as required)
10. Ensure confidentiality training has been completed by each EME student prior to students
entering clinical areas,
11. Adhere to the PROVIDER Communicable Disease Reporting guidelines and provide student
education on blood bome pathogens during initial training,
12. Inform PROVIDER of any change in student(s) status during the scheduled clinical time,
13. Comply with PROVIDER request to remove student(s) should just cause exist. All students or
faculty representing the EME EMS education program shall be accountable to the PROVIDER
Administrator or designee.
PROVIDER SHALL:
1. Assign a liaison to EME for purposes of scheduling clinical time,
Z. Accept students assigned to the facility by EME staff,
3. Assist in evaluating students assigned to PROVIDER,
4. Under proper supervision allow/encourage "hands-on" experiences at Basic and Advanced
levels appropriate to knowledge objectives for the level of training being provided,
5. Based on availability of clinical areas, allow student access to departments as dictated by
knowledge objectives for level of student entering PROVIDER facility,
6. Initiate documentation of any student exposure and provide information an/or referrals as
necessary to manage the situation,
7. Draw and process baseline blood samples where appropriate for communicable disease
exposures.
8. Have ability to request removal of student(s) from clinical departments when conduct or
performance is not in accordance with published PROVIDER policies or which is detrimental to
patient care. PROVIDER will provide EME with written documentation of incident and will retain
final authority on whether student(s) in question are allowed to continue rotations at the facility.
9. Agree that students may be unable to observe surgical procedures or deliveries without verbal
permission of the patient.
ARTICLE 3
TERM OF CONTRACT
This Agreement shall begin as of the date of the last signature, and terminate , unless
terminated earlier by either party. Both parties reserve the right to terminate this Agreement for
reasonable cause or if it is determined the objective of the project cannot be accomplished. A
party wishing to terminate this Agreement must notify the other party in writing fifteen (15) days in
advance.