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HomeMy WebLinkAboutPACKET OCT 22 2013 JAI( It WITH ONYORTI, NATI BEA.[IM N* T - E • X - mA S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 22, 2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—October 15, 2013 * Confirmation of committee appointments A) Approve Compensation for the City Manager B) Approve Compensation for the City Attorney C) Approve Compensation for the City Clerk D) Approve a resolution providing for the reimbursement of capital expenditures incurred prior to future financing A October 22, 2013 Approve Compensation for the City Manager The City Manager, Kyle Hayes, will receive a 3% increase to base wages. The City of Beaumont will make an annual contribution of$17,500 to the International City/County Management Association's Deferred Compensation Program on his behalf. The City Manager will receive a car allowance of$833.33 per month and an administrative allowance of$500 per month. All other benefits extended to civilian employees will continue to be provided as well. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the base wages of the City Manager, Kyle Hayes, will be $14,807.65 per month. A car allowance will be $833.33 per month. An administrative allowance will be $500 per month. The City of Beaumont will make an annual contribution of $17,500 to the International City/County Management Association's Deferred Compensation Program on his behalf, NOTWITHSTANDING the foregoing compensation and benefits, all other compensation, benefits, terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. This resolution shall be effective immediately upon passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2013. - Mayor Becky Ames - B October 22,2013 Approve Compensation for the City Attorney The City Attorney, Tyrone E. Cooper, will receive a 3% increase to base wages. The City of Beaumont will make an annual contribution of$23,000 to the International City/County Management Association's Deferred Compensation Program on his behalf. The City Attorney will receive a car allowance of$833.33 per month and an administrative allowance of$100.00 per month. All other benefits extended to civilian employees will continue to be provided as well. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the base wages of the City Attorney, Tyrone E. Cooper, will be $12,494.30 per month. A car allowance will be $833.33 per month. An administrative allowance will be $100.00 per month. The City of Beaumont will make an annual contribution of$23,000 to the International City/County Management Association's Deferred Compensation Program on his behalf. NOTWITHSTANDING the foregoing compensation and benefits, all other compensation, benefits, terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. This resolution shall be effective immediately upon passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2013. - Mayor Becky Ames - c October 22, 2013 Approve Compensation for the City Clerk The City Clerk, Tina Broussard, will receive $6,833.33 per month in base wages. The City of Beaumont will make an annual contribution of$9,000 to the International City/County Management Association's Deferred Compensation Program on her behalf. The City Clerk will receive an administrative allowance of$100.00 per month. All other benefits extended to civilian employees will continue to be provided as well. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the base wages of the City Clerk, Tina Broussard, will be $6,833.33 per month. She is to also receive an administrative allowance of$100 per month. The City of Beaumont will make an annual contribution of$9,000 to the International City/County Management Association's Deferred Compensation Program on her behalf. NOTWITHSTANDING the foregoing compensation and benefits, all other compensation, benefits, terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. This resolution shall be effective immediately upon passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2013. - Mayor Becky Ames - D r C � T• E • X • A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARF;D BY: Laura Clark, Chief Financial Officer NNE-STING DATE: October 22, 2013 REQUESTED ACTION: Council consider approving a resolution providing for the reimbursement of capital expenditures incurred prior to future financing. BACKGROUND Several pieces of heavy equipment and vehicles, estimated in total at $3.5 million, were identified during the preparation of the Fiscal Year 2014 Budget as needed in various city departments. A listing of the equipment and vehicles is attached. The Budget intended for these items to be bundled and financed over a period not to exceed 5 years. Because the equipment orders and deliveries will be over several months within the fiscal year and it will take time to Oct financing in place, a reimbursement resolution is warranted in order to allov� the City to reimburse itself out of the proceeds of the financing for any pieces of equipment already paid for once financinL) is secured. FUNDING SOURCE The debt service related to this financing was budgeted for in the Capital Reserve Fund, Solid Waste Fund, and Water Utilities Fund. Depending on the structure of the financing, payment would beoin in the latter part of FY 2014. RECOMNIENDATION Approval of resolution. Reimbursement Resolution Equipment Financing October 23, 2013 Page. 2 _ FY 2014 Equipment and Vehicles Budget Department Fire Pumper _ 200,000 Fire Paving Machine 380,000 Public Works International 7600 _ 90,000 Solid Waste International 7600 _ 90,000 Solid Waste Dozer 660,000 Solid Waste F450 (3) _ 159,000 Water F450 60,000 Water F750 Dump Truck 75,000 Water 20' Dove Tail Trailer _ 15,000 Water Backhoe 77,000 Water Concrete Breaker(2) _ 50,000 Water 375 CFM Compressor 40,000 Water 16 yd Dump truck (2) _ 240,000 Water Pressure washer 11,000 Water F450 _ 53,000 Water 3/4 Ton Truck (2) _ 64,000 Water F550 _ 55,000 Water F750 70,000 Water Mini Excavator-Takeuchi 145_ 55,000 Water Backhoe _ 77,000 Water 10 Ton TT Winch on tracks 90,000 Water 375 CFM Compressor 40,000 Water 16yd Dump Truci< _ 130,000 Water Pressure Washer 10,000 Water Mower _ 17,000 Water F150 Extended Cab (3) _ 66,800 Water F550 Crew cab flat bed (3) 146,100 Water Gooseneck trailer(3) 37,600 Water 235 Takeuchi Mini Excavator(4) 172,500 Water F550 crew cab dump truck 51,700 Water Trailer _ 12,600 Water 16 CY dump Truck 120,000 Water Boring machine- currently leasing 106,000 Water Estimated Total 3,521,300 RESOLUTION NO. WHEREAS, heavy equipment and vehicles, as described in Exhibit "A," attached hereto, in the estimated total amount of$3.5 million, were identified during the preparation of the Fiscal Year 2014 Budget as needed in various city departments; and, WHEREAS, the Budget intended for these items to be bundled and financed over a period not to exceed five (5) years; and, WHEREAS, because the equipment orders and deliveries will take place over several months within the fiscal year, reimbursement is warranted in order to allow the City to reimburse itself out of the proceeds of the financing for any pieces of equipment already paid for once financing is secured; and, WHEREAS, City Council is of the opinion that capital expenditures incurred prior to securing financing should be reimbursed; 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 reimbursement of capital expenditures incurred for the purchase of heavy equipment and vehicles for use by various city departments prior to securing financing is hereby authorized by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2013. - Mayor Becky Ames - Reimbursement Resolution Equipment Financing October 23,2013 Page 2 FY 2014 Equipment and Vehicles Budget Department Fire Pumper 200,000 Fire Paving Machine 380,000 Public Works International 7600 90,000 Solid Waste International 7600 90,000 Solid Waste Dozer 660,000 Solid Waste F450(3) 159,000 Water F450 60,000 Water F750 Dump Truck 75,000 Water 20' Dove Tail Trailer 15,000 Water Backhoe _ 77,000 Water Concrete Breaker(2) 50,000 Water 375 CFM Compressor 40,000 Water 16 yd Dump truck(2) 240,000 Water Pressure washer 11,000 Water F450 53,000 Water 3/4 Ton Truck(2) _ 64,000 Water F550 _ 55,000 Water F750 70,000 Water Mini Excavator-Takeuchi 145 55,000 Water Backhoe 77,000 Water 10 Ton TT Winch on tracks 90,000 Water 375 CFM Compressor 40,000 Water 16yd Dump Truck 130,000 Water Pressure Washer 10,000 Water Mower _ 17,000 Water F150 Extended Cab(3) 66,800 Water F550 Crew cab flat bed (3) 146,100 Water Gooseneck trailer(3) 37,600 Water 235 Takeuchi Mini Excavator(4) 172,500 Water F550 crew cab dump truck 51,700 Water Trailer 12,600 Water 16 CY dump Truck 120,000 Water Boring machine-currently leasing 106,000 Water Estimated Total 3,521,300 EXHIBIT "A" RIC11 WIT14 OPPOaTUN3TY 11EA,11M0N* T • E • X • A - REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 22, 2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving the award of a bid to McInnis Construction, Inc. of Silsbee for the construction of a new Fire Station No. 2 2. Consider a resolution approving the award of a bid to Lange Brothers Construction, Inc. of Port Arthur for plaster repair in the Jefferson Theatre 3. Consider a resolution authorizing eminent domain proceedings to acquire property located at 4730 Avenue A for the Avenue A Improvement Project 4. Consider an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to January 28, 2014 WORK SESSION * Receive a demonstration of the GORequest App for reporting city related issues COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Deliberate the purchase, exchange, lease or value of real property pursuant to Government Code Section 551.072 as well as consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code,to wit: 328 Bowie Street WORK SESSION * Tour of the Athletic Complex; Tyrrell Park and Cattail Marsh 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 October 22, 2013 Consider a resolution approving the award of a bid to McInnis Construction, Inc. of Silsbee for the construction of a new Fire Station No. 2 RIGR WITH OPPORTUNITY ILI . � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 22, 2013 REQUESTED ACTION: Council consider a resolution approving the award of a bid to McInnis Construction, Inc. of Silsbee in the amount of $2,724,920 for the construction of a new Fire Station No. 2 BACKGROUND A grant from the Texas Community Development Block Grant (CDBG) Disaster Recovery Program administered by the Texas General Land Office (GLO) for areas impacted by Hurricane Ike was awarded for the construction of a new Fire Station No. 2. The new station, designed by Architectural Alliance, Inc., will be constructed on Helbig Rd. adjacent to the Willard Library. It will replace the current station located at 4495 Ironton. Bids, as shown on the attached tabulation, ranged from $2,724,920 to $3,285,000. Alternate bids were requested for the construction of a training tower, stainless steel lockers in lieu of painted lockers and an epoxy finish on the bay floor, all of which are recommended for approval. The new station features individual sleeping rooms, an open kitchen and dining room with training and day room accommodations. The 38 ft. training tower will provide firefighters stationed in the northwest district a facility for training in confined spaces with full hoses and wet stairs. The three bay station will accommodate up to three units. At this time, one pumper truck and possibly a reserve or Chief s car will be onsite. Presently, three firefighters are on duty at Fire Station#2 but the new station will accommodate up to five firefighters providing room for future growth. Featured at this station are hurricane rated bi-fold doors in lieu of overhead doors providing engine drivers a clear vision of the doors as they exit the bay, thus reducing damage to overhead doors and trucks. A decontamination room is also provided in this station allowing for proper cleaning and drying of bunker gear. The station will be fenced and gated for fire equipment and personal vehicles. Fire Station #2 October 22, 2013 Page 2 McInnis plans to subcontract 5% of work to local MBEMUB vendors. McInnis will comply with the City's Section 3 policy when hiring workers. Work is expected to commence by mid November and be completed within 300 calendar days. Upon completion, the building on Ironton will be sold. FUNDING SOURCE Texas GLO Disaster Recovery Grant. RECOMMENDATION Approval of resolution. BID TABULATION: CONSTRUCTION OF FIRE STATION NO. 2 BID OPENING DATE: OCTOBER 10, 2013 2 PM BID NUMBER: BMTPWCP0038 McInnis Constr.,Inc. N&T Constr.Co.,Inc. ALLCO SeTEX Constr.Corp. H.B. Neild&Sons, Inc. Silsbee,TX Beaumont,TX Beaumont,TX Beaumont,TX Beaumont,TX BASE BID $2,591,000 $2,850,000 $2,910,000 $2,990,000 $3,040,000 Alt No 1- $93,620 $127,000 $133,000 $128,000 $160,000 Alt No 2- $30,000 $51,000 $48,500 $48,000 $48,000 Alt No 3- $10,300 $2,200 $1,892 $3,000 $2,300 $2,724,920 $3,030,200 $3,093,392 $3,169,000 $3,250,300 Calendar Days to Completion 300 300 330 360 330 Bruce's Gen.Constr.,Incaniels Bldg.&Constr.,In Icon Builders,LLC iighmark Constr.Co.,LLC Beaumont,TX Beaumont,TX Port Arthur,TX McAllen,TX BASE BID $3,100,000 $3,108,000 $3,225,425 $3,095,000 Alt No 1- $175,200 $173,000 $120,000 $95,000 Alt No 2- $35,000 $48,700 $45,000 $50,000 Alt No 3- $45,000 $2,300 $38,000 $45,000 $3,355,200 $3,332,000 $3,428,425 $3,285,000 Calendar Days to Completion 250 330 365 330 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Council hereby approves the award of a contract to McInnis Construction, Inc., of Silsbee, Texas, in the amount of$2,724,920 for the Fire Station No. 2 Construction Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with McInnis Construction, Inc., of Silsbee, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2013. - Mayor Becky Ames - 2 October 22, 2013 Consider a resolution approving the award of a bid to Lange Brothers Construction, Inc. of Port Arthur for plaster repair in the Jefferson Theatre RICH WITH OPPORTUNITY 11E A. � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes.. City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 22, 2013 REQUESTED ACTION: Council consider a resolution approving the award of a bid to Lange Brothers Construction, Inc. of Port Arthur in the amount of$146,342 plus $14.50 per sq. ft. for plaster repair in the Jefferson Theatre. BACKGROUND One bid was received on Thursday, October 10, 2013 for furnishing all labor, materials, supplies and equipment to repair and paint the Jefferson Theatre balcony ceiling and walls. Plaster corbels, ceilings and walls have deteriorated from water and moisture intrusion since Hurricanes Rita and Ike. Last summer the building's exterior brick and mortar were sealed to prevent further moisture intrusion. The damage has resulted in large portions of ceiling and wall plaster blistering, cracking and falling from the ceiling and walls. The existing damaged plaster will be removed, sanded and new plaster applied creating a smooth finish for faux painting. A base bid for the balcony ceiling and walls and an alternate bid for the orchestra ceiling was requested. Additionally, a price per square foot for the repair of unforseen damaged plaster was requested. The following is a cost breakdown from the one bid received. Base Bid - Balcony Area $146,342 Alternate No. 1 - Orchestra Area $131,165 Price for unforseen damaged plaster $14.50/sq. ft. Jefferson Theatre Plaster Repair October 22, 2013 Page 2 Milton Bell Architects developed the scope of work for this project. Mr. Bell is exceptionally knowledgeable of the building as he was the lead architect on the Jefferson Theatre's interior renovation in 2003. Lange Brothers specializes in plaster repair and faux finishing. Acceptance of the base bid only allows the theatre to be open during the construction time frame. The balcony can be sealed with a plastic drape while under construction allowing the Event Facilities staff to schedule events on weekends and evenings without affecting the construction site. Otherwise, the theatre would be closed for a period of no less than 110 days. There is no MBE/HUB participation on this project as Mr. Lange will not subcontract any work on this project. The balcony project will commence on November 12, 2013 and be completed no later than March 1, 2014. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Lange Brothers Construction, Inc., of Port Arthur, Texas, in the amount of $146,342, plus $14.50 per sq. ft. for plaster repair for the Jefferson Theatre Balcony Repair Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Lange Brothers Construction, Inc., of Port Arthur, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2013. - Mayor Becky Ames - 3 October 22,2013 Consider a resolution authorizing eminent domain proceedings to acquire property located at 4730 Avenue A for the Avenue A Improvement Project BIC H WITH OPPORTUNITY r T . E . X . A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 22, 2013 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire property located at 47')0 Avenue A for the Avenue A Improvement Project. BACKGROUND As part of the Avenue A Improvement Project, eleven (11) parcels of land from West Cardinal Drive to West Virginia Street need to be acquired. This is the final piece of property to be presented to City Council that is needed for the project. The subject property was appraised by Bishop Real Estate Appraisers as described: 0.014 acre of land, situated in the J.W. Bullock Survey, Abstract No. 7 (4730 Avenue A) Value: $3.100.00 Owners: James and Patsy Boles Staff has made several contacts with the owners in an attempt to negotiate the acquisition of the property. The owners of the property have refused to accept the appraised value for their property. Since the owners have refused to sell the property to the City for the appraised market value, it is necessary to initiate proceedings in eminent domain to acquire the property. In order to authorize the exercise of eminent domain to acquire property, a specific motion and record vote is necessary. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City Council of the City of Beaumont deems it necessary that the property described below be acquired for the Avenue A Street Improvement Project; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: 0.014 acre of land, situated in the J.W. Bullock Survey, Abstract No. 7 Address: 4730 Avenue A Appraised Value: $3,100.00 Owners: James and Patsy Boles and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the above described property for the Avenue A Street Improvement Project and has found and determined that said interests in and to the above described land is suited for such uses and that it is necessary to acquire same for said uses by the use of the power of Eminent Domain; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter above described land and has been unable to agree with the owners of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; 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 Attorney be and he is hereby authorized and directed to file or cause to be filed against the owners of the above described parcel of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title in and to the said parcel of land described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof, the parcel of land being situated in Beaumont, Jefferson County, Texas for the public use of locating, constructing, widening and maintaining Avenue A, a street in Beaumont, Jefferson County, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2013. - Mayor Becky Ames - K AEAP GINEERING July 2009 Surveyor's Field Note Description: Tract 14—0.014 Acre Tract(602 Sq.Ft.) BEING a 0.014 acre tract of land out of and a part of that certain James and Patsy Boles tract of land, more fully described and recorded in Clerk's File No. 2003011399 of the Official Public Records of Jefferson County, Texas, also being described as Lot 16A of the Re-Plat recorded in Volume 16, Page 389 of the Map Records of Jefferson County, Texas. Said 0.014 acre tract being situated in the J.W. Bullock Survey, Abstract No. 7 and is more particularly described as follows: Note: All bearing noted herein are referenced to the State Plane Coordinate System, Texas South Central Zone, NAD 83. All distances noted herein are surface distances in U.S. Survey Feet. BEGINNING at a 5/8-inch iron rod found for the common Southeasterly corner of said Boles tract and said Lot 16A, same being the common Northeasterly corner of that certain Ronald Charles Phillips tract, more fully described and recorded in Clerk's file No. 2004014254 of said Official Public Records and Lot 16B, same being in the existing Southwesterly right-of-way line of Avenue "A"; THENCE South 59 deg. 10 min. 09 sec. West along and with the common Southeasterly line of said Boles tract and said Lot 16A, same being the common Northwesterly line of said Phillips tract and said Lot 16B, a distance of 7.92 feet to a 5/8-inch iron rod with cap stamped "LEAP ENG" set for the Southwesterly corner of the herein described 0.014 acre tract; THENCE North 31 deg. 02 min. 36 sec. West along and with the Southwesterly line of the herein described 0.014 acre tract a distance of 77.63 feet to a 5/8-inch iron rod with cap stamped "LEAP ENG" set for the Northwesterly corner of the herein described 0.014 acre tract, same being in the common Northerly line of said Boles tract and said Lot 16A, same being in the Southerly line of that certain Followers of Christ Deliverance Ministries called 0.24 acre tract of land, more fully described and recorded in Clerk's File No. 9535750 of said Official Public Records, from which a 1-inch iron pipe found for the common Northwesterly comer of said Boles tract and said Lot 16A bears South 86 deg. 03 min. 20 sec. West a distance of 145.05 feet;; THENCE North 86 deg. 03 min. 20 sec. East along and with the common Northerly line of said Phillips tract and said Lot 16B, same being the Southerly line of said Followers of Christ called 0.24 acre tract, a distance of 9.01 feet to a point for the common Northeasterly corner of said Boles tract and said Lot 16A, same being the Southeasterly corner of said Followers of Christ called 0.24 acre tract, same being in the Southwesterly right-of-way line of said Avenue "A"; THENCE South 30 deg. 57 min. 48 sec. East along and with the common Northeasterly line of said Boles tract and said Lot 16A, same being the Southwesterly right-of-way line of said Avenue "A" a distance of 73.55 feet to the PLACE OF BEGINNING, containing 0.014 acre (602 sq. ft.) of land, more or less. y D. Russell Registered Professional Land Surveyor No. 5808 - Page 1 of 1 LEAP Engineering LLC 550 Fannin St, Suite 510,Beaumont, TX 77701 Tel:(409)813-1862 Fax:(409) 813-1916 EXHIBIT "A" Followers of Christ Quo °nom Deliverance Ministries 0, (Called 0.24 Acres) P C.F. No. 9535750 '0 O.P.R.J.C. -i N 86°03'20" E 9.01' Fnd. 1" Iron Pipe W 145.05' Set 5/8" Iron 5 86 03'20" Rod Marked 'Leap Eng 0.014 Acres 602 Sq. Ft. 3 ' O;O a. �O 9ro. 6, s d s (� C Wood 5� Residence 3 o e S 59°11 W 7.92' 4=1 Set 5/8" Iron 00 0 Rod Marked 'O 'Leap Eng." P•O•B Fnd. Iron Rod Rod DJames and Patsy Boles C.F. No. 2003011399 O.P.R.J.C. (Called Lot 16A of Block 16 Annie T. Warren Sub.) Vol. 16, Pg. 389 M.R.J.C. as o0 o r e 'a' a P 0 Ronald Charles Phillips ' C.F. No. 2004014254 O.P.R.J.C. (Called Lot 16B of Block 16 Annie T. Warren Sub.) Vol. 16, Pg. 389 M.R.J.C. Note: All Bearings Shown Hereon - Are State Plane, Texas South Central Zones. NAD 83: All Distances Shown Are Surface U.S. Survey Feet. Revised-02/22/13 LEL EAP 550 Fannin St,Suite 510 Beaumont,Texas 77701 ENC+/NEER/N6 Tel:(409)813-1862 - C Fax:(409)813-1916 \ CLIENT 2ti1�� City of Beaumont Legend �'� PROJECT LOCATION G Found Iron Rod Parcel Plat Tract 14 Proposed R.O.W.of Avenue A Showing a CITY I COUNTY STATE Found Iron Pipe 0.014 Acre Tract of Land Beaumont I Jefferson Texas Found Concrete Monument For The Proposed New SITE ADDRESS:Avenue A Avenue A R.O.W. DATE JOB NUMBER FIELD BOOK SCALE Set " Iron Rod 07/2009 002-1008 011/076 1-=20' Markeed d Leap Eng." EXHIBIT "B ()AI!rights reserved.This plat may not be reproduced In whole or in part without the written consent of LEAP Engineering LLC. 4 October 22, 2013 Consider an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to January 28, 2014 RICH WITH OPPORTUNITY [I 11L A.11 1�1 C1 I "( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: October 22, 2013 REQUESTED ACTION: Council consider an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to January 28, 2014. BACKGROUND On September 25, 2013, Entergy Texas, Inc. (Entergy)filed its Statement of Intent with the cities in its service area requesting an annual base rate increase of$38.6 million representing an overall increase of 4.93%in revenues. Additionally,Entergy is requesting two limited term riders to recover approximately $3.12 million in rate case expenses and a rough production cost equalization adjustment rider to recover approximately $11.4 million from its retail customers. The total requested increase for the first year is $53.1 million or 6.78%. The annual proposed increase in revenues from residential customers is $7.8 million. If approved, the proposed base rate increase would result in a monthly increase of$1.89 for an average residential customer using 1,000 kWh hours per month. The City of Beaumont retains exclusive original jurisdiction over electric utility rates and is responsible to ensure that each rate an electric utility provider requests and/or receives is just and reasonable. In order to make such a determination, it is necessary that the request be evaluated. A decision in that regard must be made on or before October 30,2013. If a timely determination is not made, or the effective date is not suspended, the rate increase proposed by Entergy would go into effect by operation of law. Pursuant to Public Utility Regulatory Act, Tex. Util. Code §36.108, municipal regulatory authorities may suspend the rate change proposed by a utility up to 90 days after the date the rate change would otherwise be effective. The proposed ordinance authorizes the suspension of the effective date of the requested increase to January 28,2014. This would allow sufficient time for the City to j oin with other steering committee cities in the Entergy service area to review the rate filing package in order to make a determination as to whether the request is just and reasonable. The ordinance also authorizes the hiring of the Lawton Law Firm, PC and rate consultants to represent the interest of the City through the steering committee and requires the steering committee to seek reimbursement from the utility company for any rate case expenses incurred. FUNDING SOURCE The reasonable expenses associated with these cases will be reimbursable by the company as provided for in the Public Utility Regulatory Act. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ORDINANCE OF THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE OCTOBER 30, 2013, EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED "APPLICATION OF ENTERGY TEXAS, INC. FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE FUEL COSTS", FILED ON SEPTEMBER 25, 2013; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS, REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about September 25, 2013 Entergy Texas, Inc. ("Entergy") filed a Statement of Intent with the City to increase electric rates and implement tariff riders and surcharges in the Entergy Service Area; and, WHEREAS, Cities have exclusive original jurisdiction over the rates, operations and services of an electric utility in areas in the municipality pursuant to the Public Utility Regulatory Act §33.001(a); and, WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory authority to make a reasonable determination of rate base, expenses, investment and rate of return and retain the necessary personnel to determine reasonable rates; and, WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking proceedings shall be reimbursed by the electric utility under Public Utility Regulatory Act § 33.023; and, WHEREAS, given the complexity of the proposed rate increase and the need to fully review the proposed base rate, riders, and fuel adjustments it is necessary to suspend the effective date for implementing the proposed rates until at least January 28, 2014 in order to allow the City's rate experts sufficient time to determine the merits of Entergy's proposed rates; and, WHEREAS, in order to maximize the efficient use of resources and expertise in reviewing, analyzing, and investigating Entergy's $38.6 million base rate increase request, Entergy's proposed surcharges and riders, and Entergy's proposed fuel reconciliation, City's efforts will be coordinated with similarly situated municipalities through the Entergy Texas, Inc. Cities Service Area Steering Committee; and, WHEREAS, the City will join with other Entergy service area municipalities in a steering committee in order to coordinate the hiring and direction of counsel and consultants working on behalf of the steering committee and the City; and , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The effective date of Entergy's proposed rate increase, and the proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days until January 28, 2014 in order to complete the review and investigation by City's experts. Section 3, The City is authorized to join with other municipalities as part of the Entergy Texas, Inc. Service Area Steering Committee with the understanding that the steering committee will provide direction and guidance to the lawyers who are representing said cities. Section 4. The City employs The Lawton Law Firm, P.C. to represent the City with regard to the proposed rate increases and fuel reconciliation of Entergy before local and state regulatory authorities and any court of law and authorizes counsel to employ such rate experts as are recommended by the Cities' Steering Committee. Section 5. The Steering Committee, shall review the invoices of the lawyers and rate experts for reasonableness before submitting the invoices to Entergy for reimbursement. Section 6. City's legal representatives shall have the right to obtain additional information from Entergy through the service of requests for information. Section 7. Entergy shall reimburse the City, through the designated representative city of the Steering Committee, for the reasonable costs of attorney and consultant expenses related thereto, upon the presentation of invoices reviewed by the Steering Committee. Section 8. The meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act. Texas Government Code, Chapter 551. Section 9. This Ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2013. - Mayor Becky Ames - ATTEST: City Clerk WORK SESSION * Receive a demonstration of the GORequest App for reporting city related issues WORK SESSION * Tour of the Athletic Complex; Tyrrell Park and Cattail Marsh