HomeMy WebLinkAboutPACKET JUN 03 2014RICH WITH (7PPOHT1 LAITY
BEA.UMON*
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 3, 2014 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — May 27, 2014
* Confirmation of committee appointments
A) Authorize the acceptance of a refund from Duperon Corporation related to the purchase
of a bar screen system installed in the constructed wetlands
13) Authorize the granting of a Utility Crossing Agreement with Sunoco Pipeline L. P.
RICH WITH OPPORTUNITY
IIIE'Alimillul
T• E - X - A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Hani J. Tohme, P.E., City Utilities Director
June 3, 2014
FA. 1
REQUESTED ACTION: Council consider a resolution approving the acceptance of a
refund from Duperon Corporation related to the purchase of
a bar screen system.
BACKGROUND
On May 14, 2013, City Council approved the purchase of a bar screen from Duperon
Corporation in the amount of $210,000. This bar screen was installed at the Constructed
Wetlands prior to the discharge point in order to protect the pumps.
The original pricing of this bar screen was based on a design for installation prior to primary
treatment at the Wastewater Treatment Plant. Field conditions required the design of the bar
screen installed in the constructed wetlands to have a different configuration from the screens
installed within the Wastewater Treatment Plant. The new screen is physically smaller than the
previously purchased screens. The smaller screen required less material to construct it, resulting
in a price reduction. Duperon Corporation has agreed to refund $30,000 as a result.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
M Am
DDu NAM eron
rn6FtJjo
September 30, 20 "_3
Dr. Hani Tohme
Director of Water Utilities
City of Beaumont, Texas
PO Box 3827
Beaumont, TX 77704 -3827
RE: Duperon Screen for Wetlands
Subject: Project Close Out and Reconciliation
Dear Dr. Tohme:
Upon the request of Mr. Bill Loyd of Vision Equipment, we reviewed your inquiry re: the pricing
for the City of Beaumont screen for your wetlands application. We appreciate your bringing
your concern to us and furthermore, thank you for your commitment to using Duperon screens
at your wastewater treatment plant at the City of Beaumont.
We expedited our general practice of a project close out review as requested and have found
that indeed there is a reduction of $30,000 owed your organization. Apparently in the speed to
assure that your quote for a 3rd screen be processed by your council meeting, we inadvertently
used the same per screen pricing as your previous project. Our review also indicated that there
were at least three (3) designs for this screen during the life of the project, before and after
receipt of the order. It appears that each version resulted in a somewhat different screen, yet
with the same hydraulics.
While there were additional costs for engineering, a 6 year extended warranty ( standard is 1
year for the FRHD Model), an upgrade to a stainless steel drive head from the standard coated
steel; given the physical size of the final design was smaller than originally quoted, we are able
to reduce the price based on reduced material from the original design.
As always, we are grateful for the opportunity to be of service. Please contact me if you have
any questions or concerns about this matter. We are committed to support you throughout the
life of your equipment.
Sincerely,
4 Z/K
Tammver
President, /CEO
Duperon Corporation
1200 Leon Scott Court I Saginaw, MI 48601 1 P 989.754.8800 1 F 989.754.2175 1 TF 800.383.8479 www.duperon.com
RESOLUTION NO.
WHEREAS, on August 16, 2011, City Council approved Resolution No. 11 -232
authorizing the award of a bid to Duperon Corporation, of Saginaw, Michigan, in the
amount of $420,000 for the purchase of two (2) bar screens for use at the Wastewater
Treatment Plant; and,
WHEREAS, on May 14, 2013, City Council approved Resolution No. 13 -113
approving the purchase on one (1) additional bar screen from Duperon Corporation, of
Saginaw, Michigan, in the amount of $210,000 for use at the Wastewater Treatment Plant;
and, the original bid allowed for the purchase of additional bar screens at a later date; and,
WHEREAS, the original pricing of the bar screen was based upon a design for
installation prior to primary treatment at the Wastewater Treatment Plant; and,
WHEREAS, field conditions required the design of the bar screen installed in the
constructed wetlands to have a different configuration from the screens installed with the
Wastewater Treatment Plant; and,
WHEREAS, the new screen is physically smaller than the previously purchased
screens and required less material to construct, resulting in a price reduction; and,
WHEREAS, City Council wishes to accept a refund in the amount of Thirty
Thousand and XX /100 Dollars ($30,000.00) from Duperon Corporation, of Saginaw,
Michigan, as a result of the purchase price difference of the additional bar screen for use
at the Wastewater Treatment Plant;
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 Council hereby approves the acceptance of a refund in the amount
of Thirty Thousand and XX /100 Dollars ($30,000.00) from Duperon Corporation, of
Saginaw, Michigan, as a result of the purchase price difference of an additional bar screen
for use at the Wastewater Treatment Plant.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
- Mayor Becky Ames -
[�_J
RICH WITH OPPORTUNITY
[I r A, 11 1�1 C1 11
T• E - X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
Pb
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: June 3, 2014
REQUESTED ACTION: Council consider a resolution authorizing the granting of a Utility
Crossing Agreement with Sunoco Pipeline L. P.
BACKGROUND
Sunoco Pipeline L. P. has requested permission to install a sixteen inch (16 ") pipeline which will
cross one (1) twelve inch (12 ") sanitary sewer force main and one (1) sixteen inch (16 ") sanitary
sewer line located North of Erie Street. The sixteen inch (16') pipeline will also cross one (1)
twelve inch (12 ") waterline on the West side adjacent to Hebert Road. The pipeline is for the
purpose of transporting oil, gas, water, natural gas liquids, petroleum and/or crude products, and
will be constructed in accordance with City requirements.
There is a one -time fee of $500.00 for the Utility Crossing Agreement and an annual fee of $2.25
per linear foot of pipeline.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
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 grant a Utility Crossing
Agreement to Sunoco Pipeline, L.P., substantially in the form attached hereto as Exhibit
"A," to install a sixteen inch (16 ") pipeline which will cross one (1) twelve inch (12") sanitary
sewer force main and one (1) sixteen inch (16 ") sanitary sewer line located North of Erie
Street, with said sixteen inch (16') pipeline also crossing one (1) twelve inch (12 ") water line
on the West side adjacent to Hebert Road belonging to the City of Beaumont for the
purpose of transporting oil, gas, water, natural gas liquids, and petroleum and /or crude
products, said pipeline is to be constructed in compliance with City requirements.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
- Mayor Becky Ames -
APPLICATION FOR
UTILITY CROSSING AGREEMENT
OUTSIDE THE CORPORATE LIMITS OF
THE CITE'" OF BEAUMON`I
THE STATE OF TIAAS §
COUNTY OF JEFFERSON
Business Name: Sunocu Pipeline L.P. Business Phone: I2' &_! -k -4820
Business Address. _;r_e : luor Da -: t E -i =;r . , =,u d:; n
Sugar Land, TX -7 4-7
The City of Beaumont, hereinafter called "City ", for and in consideration of the
Sulll specified herein One time $500.00 License Agreement Fee and an annual fee
of $2.25 per Linear foot of pipeline. Total of $601.7c. herebv urants to
Sui_occ ineline L. P . hereinafter by called "L.icensee ", the
license to lay. maintain, operate, replace, or remove a pipeline for the transportation of oil,
Boas, water, or Natural Gas LiaaidS De o eUIr. and prude
products, on or across the following City easement and/or property situated outside. the City
of Beaumont. ..1c Person County, Texas, but being within our Extra- Terntorial ,Jurisdiction
(ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
Nearest Street Distance to Easement LenLth (Linear Foot) of Crossing
Erie Street North 201 feet 25.0 feet x $2 .25=$56 .25
Herbert Road adiacent to west side 20.2 feet x $2 .25=$45 .45
= $101.70
I
EXHIBIT "A"
COST OF LICE'JSE:
Licensee shall make payment to the City ofBeaumont as follows:
License Agreement fee -S500.00
Amrual fee of $2?5 per linear root of pipeline located within City
property. Said fee shall be reset on January 31, 2011 and shall be reset
every ten (10) years, thereafter, to a level to be determined by the Citv
Council or their delegated representative.
All fees. including the first arinual fee for linear foot usage shall be made to
the Water Utilities Department and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply
with the follow - ing may result in termination ofaareement (see page 8).
GENERAL CONDITIONS:
Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City: however., Licensee recognlizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be
those as lawfully established by the ordinances of', he City.
All pipelines crossing City of Beaumont utility easements. water or sanitary
se�,ver easements shall be bored froarn easement line to easement line. NVIthin
these limits, the pipeline shall be protected by casing or other method
approvedbythe City Water Utilities Department.
Fhe pipeline shall be constructed in such a mammer as approved by the City
so as it does not interfere with the use of the City property.
The pipeline shall be installed a minimum of three (3) feet below ground
and a nummum of five (5) feet below the lowest existing or proposed ditch
grades, waterlines, sanitary sewer lines or storm drainage lines, unless
.�therwisP authorized by the City. Such grades and lines shall be indicated
on map submittal, as well as depth ofproposed pipeline (see page 3).
The construction and opcmtioti of the pipeline shall not i �erfere with
the natural drainage in that. area nor with the di-aimge if the City,
nor with sanitary sewer lines, «"aterlines, ()i- other utilities.
Dania(-Ye to cxistin,(, ditch grade ]urin«_ t!onstruction or maintenance
of the pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
E3ore pits shall he backfillcd according to City standards.
E_�cavations necessary for the construction repair or niaintenauce of the
pipeline shall be performed in such ti Inannet- that Will cause linninial
inconvenience to the public. Licensee shall promptly restore the circa to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Water Utilities Depai-tmmi.
Operations along easements shall be performed in such a manner that all
property vvhere operations are performed will be restored to oriuinal
condition or better. No equipment or installation procedures will be used
which will damage any structures. The cost of any repairs to structures,
sanitary sewer lines, water lines or other casement featln -CS as a result of this
installation will be borne by the oNvner of this line.
Any construction which takes place in, on, under, above. or across
nroperty not owned by the Cite shall require additional perrission by the
)wner(s) of the property involved. Written proof of said permission is to be
provided to the City as part of' the application process. Approval of this
iccnse agreement excludes permission to do any construction on property
wlhich is not owned by the City of Beaumont.
v.nv licenses, permits or agreements required by another �-,ovet- nmental
dainty (County., State or Federal) to adjoining, property shall be obtained
and a copy of such document shall be provided to the City.
Licensee shall be responsible for acquiring all agreements necessary for the
iav, ful use of an_y private property.
P% reap showing the location ofthcproposed pipeline shall be prop jdcd.
The pipeline shall be mainiained and operated in such a Muller is not to leak
and/or cause damage to the, City property. Croce ilic pipeline is m operation,
am" damage that occurs to die pit }elinc which resuiis iai i,,ld.rise of
product must be reported immediately to the City, File 1.�epa.rktrie��t ra:�d
'Fates° T_ltiiiaties Depirtmente Fall"
cooperate with the Fire. Department and provId °. or assist Nvith providing.
ally and all necessary notifications, evacuations or other necessary actions.
Leaks or other defects are to be repaired immediately by Licensee at it's
oven cost.
The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all
costs associated with said cleanup and remediation.
The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City.
Installation will be done in accordance with all City standards and statutes
ofthe State of Texas.
REQUIRED COy' ERAGE:
" Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and propel-ry damage, namin<r the City
of Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
° Bodily injuries: S 300,000.00perperson
$1,000,000.00 per incident
Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (1 5)
days written notice must be given to the Cit_v prior to cancellation,
alteration.. or modification of such insurance.
Licensee shall have in force xvith the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all daina,yes to any person
caused by. or arising from, or UTowin- out of anV violation of the terins of
this agreement. The bond shall provide that it may not be cancelled. altered.
or- otherwise modified without giving fifteen (lj) days prior- written notice
to the City. The bond shall be g =ood and in effect for a period of one (1)
y,,:ar fl-oln the date of completion of construction ofthe bineline_
:;115 e shad! me omnrfy save and Bold harmless the _'rtt 1 :Jc r rIn lit
4
i'rom any and all claims for injuries and damages to persons or proper iv
occasioned by or arising out of the construction, maintenance. operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's a(,ents, officers or
employees, arising from actions taken or occurrences raider this license
agreement.
If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City c) any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont - for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee fi-0111 recovering against any contractor
who shall damage Licensee's property in the course of such contractor's
performance of any contract with the City.
OTHER CONSTRUCTION /MAINTENANCE WITHIN PROPERTY:
City will use its best efforts to notify Licensee of any proposed construction
and /or maintenance, to be done by City forces or by contract for the City,
vvithin the property involN ed with this license.
Notification, to Licensee, of other construction and /or maintenance
permitted by the City and within the property involved with this license
will be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty -eight (48)
hours after receipt of such notification ofproposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Water Utilities Department) and Icept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City property and which are required to provide notification of
�,uch work. When information has been relayed to Licensee, through the
phone number provided. such contact shall constitute notification fbm'
Licensee to provide location of its Imes. Failure. by Licensee, to respond
within the required time framne shall alleviate the responsibilit-✓ of the
nerson(s) requiring the lines to be relocated.
Cite reserves the right to Iay, and to taermmt to be laid, s;c Svc tc-i- and
;I` pr17eS and C d131 s. fi nd tC :Ii' 7i lr °P fn`tEt to 1�e '�C }ink' !n ✓ %_Ill .. :7'lr7d
work that may he deemed to be necessary or proper by City irr, across..
along, or under the property. in doing or penrlitting any such °�voj- 'L, the
City of Beaumont shall not be liable to Licensee for my damage
occasioned, it beinu understood that nothing herein shall be construed as
foreclosing Licensee's ri i�)hts to recover damages against anv contractor or
third parry who may be responsible for damages to Licensee's facilities.
Whenever by reason of the change in the grade of the property occupied by
Licensees' pipeline, or by reason of the location or manner of constructing
drainage structures, watcr pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its
cost and without claim for reimbursement or damages against City. Ifthe
change is demanded by the City for the benefit of any other person oi-
private corporation, except the City. Licensee shall be reimbursed sully by
the person or corporation desiring or occasioning such change for any
expense arising out of such change; Licensee will, upon notice from the
City, make such change immediately and at its Own cost; it being
understood that City will not participate in any part of the cost of any
change involving relocation, altering, encasing, boring, or changing in any
manner of the pipeline where same is within City property.
NOTIFICATION /INSPECTION:
env and all work to be performed on City property shall be observed and
inspected by a City representative. Any work to be performed within the
City limits will be subject to periodic inspection to ensure compliance with
construction standards.
Licensee shall provide the City (Water Utilities Depat anent) (48)
hours prior to the installation of the lines permitted by this license. - A
representative will be scheduled to be present. The expense of such
inspection services may be billed to the Licensee and such amounts will be
reimbursed to the City.
Licensee shall notify the Water Utilities Department at least forty -eight (48)
hours prior to completion of work and removal of equipment from the job
sire to permit the Cityto make an inspection.
6
SPEC1-1L CONDITIONS:
Nonassirnable
This license ispersonal to the Licensee. Itis nonassignable and ariv attempt to assi�,n this
license will tern tinate the license privileges granted to Licensee hereinunder.
Termination
This agreement is subject to termination by the City ifany condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this aareement shall Dive written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (10) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as lollows:
City of Bea nnont Name of Licensee: Sian )co pip i n -
1'.O. Box 817 - - -
Beaumont, Texas 77704 Address of Licensee: Bov 509
Attn: C1tV Vlanager City State of' Li u _ Land, >; 4
tr . ROW
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the Water Utilities Director. In the event of cancellation, any and all monies
collected Im- fees associated with this agreement will retrain the property of the City.
There will be no reimbursements.
0
Commencernent of work on the pipeline by Licensee after the date of this Cisliy executed
license shall be construed as evidence of Licensee's acceptance and approN al of the
conditions ibmesetforth.
IN, WITNESS WHEREOF, the CityoFBeaumont, Texas. has caused these
Presents to be sitned by its City Manager and the seal ofthe City to be herewith affixed by
the City Clerk, this _clay of A.D 20
ATTEST:
CitvCl(.,rk
A TTE S,T:
Secretary
CITY OF BEAU MONT, TEXAS
By:
Kyle Haves, City Manager
Sr.noco Pipe __in L.
p Sunocc L is._ Fart.. -rs p rat: )r: , r
v _
8
GRAPHIC SCALE (FEET)
1000 500 0 1000 2000
1
105/13/14
ISSUED FOR PERMIT USE
-HWMA FACILM
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1 05/05/14
ISSUED FOR PERMIT USE
AD
N0.
I DATE
REVISION
BY
SUNOCO PIPELINE L.P.
PROJECT VICINTY MAP
PROPOSED 16" (LN —EM01) MARINER SOUTH SECTION III NGL PIPELINE
CROSSING ERIE STREET /UTILITY LINES
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
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SCALE: AS INDICATED
APPROVED BY:
DAIS: 11/25/2013
DRAWING NO.: 11465-4164 ERIE ST AERIAL UTIL
(1043 SOUIN amwx me)
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JEFFERSON COUNTY, TEXAS ° F
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VALVE SITE Q /Q- Q / TX —JE- 127.000
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N: 13951081.42
E: 3518427.86
463 +00 LAT: N30'01'13.82"
LONG: W94'06'03.64"
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STA. 462 +76 PROPOSED 16"
N: 13951056.56 (LN —EMO1) PIPELINE
E: 3518429.06
a + LAT: N30'01'13.58"
\ Y /QQ4� LONG: W94'06'03.64"
HORIZONTAL GRAPHIC SCALE
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50 25 0 50 100 150 feet
VERTICAL GRAPHIC SCALE
TX —JE- 127.900
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CONSTRUCTION METHOD:HDD
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105/05/14
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Ap
N0.
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I REVISION
BY
SUNOCO PIPELINE L.P.
PROPOSED 16" (LN —EM01) MARINER SOUTH SECTION III NGL PIPELINE
CROSSING ERIE STREET /UTILITY LINES
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
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SHEET: 2 OF 3
CHECKED BY: --
SCALE: AS INDICATED
APPROVED BY:
DATE: 05/05/14
DRAWING NO.: 11465-4165 ERIE ST XING UTILITY
1.0 GENERAL INFORMATION
1.1 APPLICANT /OWNER:
KAREN McMILLIN
DIRECTOR, RIGHT OF WAY
SUNOCO PIPELINE L.P.
1 FLUOR DANIEL
BUILDING A. LEVEL 3
SUGAR LAND, TEXAS 77478
281- 637 -6550 OFFICE
1.2 PIPELINE NAME: PROPOSED 16 —INCH (LN —EM01) MARINER SOUTH SECTION 111 PIPELINE (EAST)
1.3 PRODUCT: NATURAL GAS LIQUIDS — NGL
14 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR NOVEMBER 2013
2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ('DOT') STANDARD CFR
TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND
PART N OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4
2.2 DESIGN PRESSURE: 1,480 PSIG (MAXIMUM ALLOWABLE OPERATING PRESSURE)
2.3 HYDROSTATIC TEST PRESSURE: 1,850 PSIG MIN (1.25 X MAOP MINIMUM)
3.0 CARRIER LINE PIPE
4.0 CATHODIC PROTECTION
4.1 RECTIFIER IMPRESSED CURRENT
5.1 PIPELINE WILL BE INSTALLED BY HDD CONSTRUCTION METHOD
1
105/13/14
STANDARD
HDD
3.1
NOMINAL PIPE SIZE: ...................................................... -- ...............................
16.000"
16.000'
3.2
WALL THICKNESS: -- ..... ................................................................ ............
— 0.375"
0.500"
3.3
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X -60
X -60
3.4
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3.5
MATERIAL: CARBON STEEL
3.6
PROCESS OF MANUFACTURE: ERW
3.7
EXTERIOR COATING: 20 MILS ABRASION RESISTANT OVERLAY (ARO) .................FBE
15 -22 MILS FUSION BOND EPDXY (FBE)
4.0 CATHODIC PROTECTION
4.1 RECTIFIER IMPRESSED CURRENT
5.1 PIPELINE WILL BE INSTALLED BY HDD CONSTRUCTION METHOD
1
105/13/14
1 ISSUED FOR PERMIT USE
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REVISION
BY
f SUNOCO PIPELINE L.P.
PROPOSED 16" (LN —EM01) MARINER SOUTH SECTION III NGL PIPELINE
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CITY OF BEAUMONT
JEFFERSON COUNTY. TEXAS
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1 05/12/14
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AD
N0.
I DATE
I REVISION
BY
SUNOCO PIPELINE L.P.
PROJECT VICINTY MAP
PROPOSED 16" (LN —EMO1) MARINER SOUTH SECTION III NGL PIPELINE
CROSSING HEBERT ROAD /UTILITY LINES
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
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DATE: 05/05/14
DRAWING NO.: 11465-4144 HEBERT RD AERIAL UTIL
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150' BORE INSTALLATION
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30
20
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-10
-20
-30
-40
264 +00
2
05/13/14
ISSUED FOR PERMIT USE
ISSUED FOR PERMIT USE
HORIZONTAL GRAPHIC SCALE
1
05/12/14
50
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30
20
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-10
-20
-30
-40
264 +00
2
05/13/14
ISSUED FOR PERMIT USE
ISSUED FOR PERMIT USE
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05/12/14
REVISION
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PROJECT VICINTY MAP
PROPOSED 16" (LN -EM01) MARINER SOUTH SECTION III NGL PIPELINE
CROSSING HEBERT ROAD /UTILITY LINES
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
DRAWN EjY: AD SHEET: 2 OF 3
CHECKED BY: -- SCALE: AS INDICATED
APPROVED BY: DATE: 05/05/14
DRAWING NO.: 11465-4145
ISSUED FOR PERMIT USE
AD
NO.
DATE
REVISION
BY
PROJECT VICINTY MAP
PROPOSED 16" (LN -EM01) MARINER SOUTH SECTION III NGL PIPELINE
CROSSING HEBERT ROAD /UTILITY LINES
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
DRAWN EjY: AD SHEET: 2 OF 3
CHECKED BY: -- SCALE: AS INDICATED
APPROVED BY: DATE: 05/05/14
DRAWING NO.: 11465-4145
HEBERT RD XING UTIL
16" (LN —EMO1) MARINER SOUTH SECTION III NGL PIPELINE DESIGN DATA
CROSSING HEBERT ROAD
1.0 GENERAL INFORMATION
1.1 APPLICANT /OWNER:
KAREN McMILLIN
DIRECTOR, RIGHT OF WAY
SUNOCO PIPELINE L.P.
1 FLUOR DANIEL
BUILDING A, LEVEL 3
SUGAR LAND, TEXAS 77478
281 - 637 -6550 OFFICE
1.2 PIPELINE NAME: PROPOSED 16 —INCH (LN —EM01) MARINER SOUTH SECTION III PIPELINE (EAST)
1.3 PRODUCT: NATURAL GAS LIQUIDS — NGL
1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED FOR NOVEMBER 2013
2.0 PIPELINE DESIGN DATA
2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION ( "DOT') STANDARD CFR
TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND
PART IV OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4
2.2 DESIGN PRESSURE: 1,480 PSIG (MAXIMUM ALLOWABLE OPERATING PRESSURE)
2.3 HYDROSTATIC TEST PRESSURE: 1,850 PSIG MIN (1.25 X MAOP MINIMUM)
3.0 CARRIER LINE PIPE
3.1 NOMINAL PIPE SIZE: .... ............................................................................
3.2 WALL THICKNESS: ......................................................................................
3.3 PIPE SPECIFICATION: API 5L, GRADE X -60, PSL -2, BEDR ..................
3.4 SPECIFIED MINIMUM YIELD STRENGTH: 60,000 PSI
3.5 MATERIAL: CARBON STEEL
3.6 PROCESS OF MANUFACTURE: ERW
3.7 EXTERIOR (:DATING: 20 MILS ABRASION RESISTANT OVERLAY (ARO) ....
15 -22 MILS FUSION BOND EPDXY (FBE)
4.0 CATHODIC PROTECTION
4.1 RECTIFIER IMPRESSED CURRENT
5.0 CONSTRUCTION METHOD
5.1 PIPELINE WILL BE INSTALLED BY BORE CONSTRUCTION METHOD
STANDARD
HDD
...16.000"
16.000"
.... 0.375'
0.500"
.... X -60
X -60
.FBE
PROJECT VICINTY MAP
PROPOSED 16" (LN —EMO1) MARINER SOUTH SECTION III NGL PIPELINE
CROSSING HEBERT ROAD /UTILITY LINES
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
DRAWN BY: AD SHEET: 3 OF 3
CHECKED BY: -- SCALE: AS INDICATED
APPROVED BY: DATE: 12/02/2013
DRAWING NO.: 11465-4346
USE
2
05/13/14
DATE
ISSUED FOR PERMIT USE
BY
olr I—
- HOUMFP'904Y-
1
05/12/14
ISSUED FOR PERMIT
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PROJECT VICINTY MAP
PROPOSED 16" (LN —EMO1) MARINER SOUTH SECTION III NGL PIPELINE
CROSSING HEBERT ROAD /UTILITY LINES
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
DRAWN BY: AD SHEET: 3 OF 3
CHECKED BY: -- SCALE: AS INDICATED
APPROVED BY: DATE: 12/02/2013
DRAWING NO.: 11465-4346
USE
AD
N0.
DATE
REVISION
BY
PROJECT VICINTY MAP
PROPOSED 16" (LN —EMO1) MARINER SOUTH SECTION III NGL PIPELINE
CROSSING HEBERT ROAD /UTILITY LINES
CITY OF BEAUMONT
JEFFERSON COUNTY, TEXAS
DRAWN BY: AD SHEET: 3 OF 3
CHECKED BY: -- SCALE: AS INDICATED
APPROVED BY: DATE: 12/02/2013
DRAWING NO.: 11465-4346
HEBERT RD DATA UTIL
RICH WIT11 OPPORTUNITY
E i
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 3, 2014 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 -6 /Consent
Agenda.
* Consent Agenda
GENERAL BUSINESS
1. Consider approving an ordinance adopting gaming site regulations and licensing
2. Consider approving a resolution authorizing the purchase of High Density
Polyethylene Pipe from Rural Pipe & Supply, Inc., of Jasper
3. Consider approving a resolution authorizing a change order to the contract with
Brystar Contracting, Inc., for the Seventh Street Paving and Drainage Improvement
Project
4. Consider approving a resolution authorizing the purchase of an automated license
plate reader from Elsag North American, Inc., of Houston for use by the Police
Department
5. Consider approving a resolution authorizing the purchase of two backhoes with
pavement breakers from Mustang Cat, Inc. of Houston for use by the Water Utilities
Department
6. Consider approving a resolution adopting the Chapter 380 Economic Development
Program Policies and Procedures for the City of Beaumont
COMMENTS
* Councilmembers /City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
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.
it
June 3, 2014
Consider approving an ordinance adopting gaming site regulations and licensing
JUCH WITH OPPORTUNITY
11L I i
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 6 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, BY
ADDING ARTICLE 6.10 PROVIDING FOR THE LICENSING
AND PERMITTING OF GAMING SITES AND GAMING
MACHINES BEING OPERATED IN THE CITY OF
BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 6 of the Code of Ordinances be and the same is hereby amended by
adding a new Article 6.10 to read as follows:
ARTICLE 6.10 GAMING
Whereas, the necessity of this ordinance is to protect the public safety, health and
welfare of the citizens of the city of Beaumont; and,
Whereas, the City of Beaumont recognizes the Texas OCC Code Chapter 2153
provides facilities housing coin operated machines must be licensed by the State
Comptroller of Public Accounts and comply with state regulations; and,
Whereas, section 2153.451 of the Texas OCC Code specifically authorizes a
municipality to impose an occupational tax on coin operated machines in this state; and,
Whereas, the Police Department has discovered there are gaming sites within the
city which operate in violation of state law providing for the permitting and licensing of coin
operated machines in this state.
Division 1. Generally
Sec. 6.10.001 Definitions.
For the purposes of this Article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
Applicant. The applicant is the intended operator, occupant or owner of the gaming site
and /or gaming machines.
City Manager. The City Manager of the City of Beaumont or the designated representative
of the City Manager.
Chief Building Official. The Chief Building Official for the City of Beaumont or the
designated representative of the Chief Building Official.
Church. A building, in possession of a certificate of occupancy, in which persons regularly
assemble for purposes of religious worship, intended primarily for purposes connected with
such worship or for propagating a particular form of religious belief.
Coin Operated Machine. Any kind of machine or device operated by or with a coin or other
United States currency, metal slug, token, electronic card, or check including a skill or
pleasure coin operated machine.
Fire Chief. The Chief of the City of Beaumont Fire Department or the designated
representative of the Chief of the Fire Department.
Gaming Machine. Any coin operated machine or electronic, electromechanical or
mechanical contrivance designed, made, and adopted solely for bona fide amusement
purposes if the contrivance rewards the player exclusively with non -cash merchandise
prizes, toys, or novelties, or a representation of value redeemable for those items, that
have a wholesale value available from a single play of the game or device of not more than
ten (10) times the amount charged to play the game or device once or $5.00, whichever
is less. Not included in this definition is a machine used only for entertainment purposes,
as entertainment is defined in §372.1701 of the Texas Administrative Code.
Gaming Site. Any location that displays, exhibits, or maintains for public patronage –
through general admission or membership— any game machine.
Permit. A current, valid permit issued by the City Manager pursuant to the terms of this
Article to an operator of a gaming site.
Permit Holder. A person who has been issued a valid permit pursuant to this Article
Police Chief. The Chief of Police of the City of Beaumont Police Department or the
designated representative of the Chief of Police.
Operator. The manager or other natural person principally in charge of the gaming site.
School. A building, in possession of a certificate of occupancy, where persons regularly
assemble for the purpose of instruction or education together with the playgrounds, stadia
and other structures or grounds used in conjunction therewith. The term is limited to:
(1) public and private schools used for primary or secondary education, in which any
regular kindergarten or grades one through 12 classes are taught; and
(2) special educational facilities in which students who have physical or learning
disabilities receive specialized education in lieu of attending regular classes in
kindergarten or any of grades one through 12.
Skill or Pleasure Coin Operated Machine. Any kind of coin operated machine that
dispenses, or is used or is capable of being used to dispense or afford, amusement,
skill, or pleasure, or is operated for any purpose, other than for dispensing only
merchandise, music, or service. This includes:
(1) a marble machine, marble table machine, marble shooting machine, miniature
racetrack machine, miniature football machine, miniature golf machine,
miniature bowling machine, billiard or pool game, or machine or device that
dispenses merchandise or commodities or plays music in connection with or in
addition to dispensing skill or pleasure; and
(2) does not include an amusement machine designed exclusively for a child.
Sec. 6.10.002 Declaration of findings.
The necessity of the public interest forthe provisions and prohibitions hereinafter contained
and enacted is declared as a matter of legislative determination and public policy, and it
is further declared that the provisions and prohibitions contained in sections 6.10.001
through 6.10.021 are in the furtherance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity of the city and its
inhabitants.
Division 2. Permits
Sec. 6.10.003 Permit.
(a) It shall be unlawful for any operator, occupant or owner of the gaming site to
display, exhibit, or maintain for public patronage, or otherwise keep for operation by
the public, any gaming machine without first obtaining a permit issued under the
terms and conditions of this Article.
(b) It shall be unlawful for any operator, occupant or owner of the gaming site to
operate any gaming site located within the city unless the permit issued for that site
is posted at or near the principal public entrance to the gaming site in such a
manner that it will be conspicuous to patrons who enter the gaming site.
(c) In any prosecution under subsection (a) above, it shall be presumed that there was
no permit at the time of the alleged offense, unless a permit was then and there
posted as provided in subsection (b).
(d) A machine that provides the possibility, probability and /or certainty of dispensing a
non -cash prize, toy or novelty with a value of not more than ten (10) times the
amount charged to play the game or device once, or $5.00, whichever is less at the
time of play, but does not allow the player to amass or accumulate points, tokens
or any other method to accumulate credits towards larger or greater value non -cash
merchandise prizes, toys or novelties is exempt from the requirements of this
Article.
Sec. 6.10.004 Signage.
(a) Notwithstanding section 28.04.003 of the Code of Ordinances or any other city
ordinance, code or regulation to the contrary, it shall be unlawful for the operator,
occupant or owner of a gaming site not to clearly identify the site with a sign as
required by this Article.
(b) The sign displayed should be one provided by the City with a white background with
black Arial font lettering of 1.5 inches.
(c) The sign must clearly read "GAMING SITE" and may not include any
advertisements.
Sec. 6.10.005 Machine registration requirements.
Gaming machines, as defined in this Article, shall be registered as follows:
(a) The permit holder, owner, or operator is required to maintain on its gaming site a
complete inventory, along with serial numbers or equivalent identification, as set
forth in subsections (d) and (e) below at all times. The initial application for permit
shall include a certificate of the inventory, along with serial numbers or equivalent
identification, as set forth in subsections (d) and (e) below, of the machines that the
permit holder intends to put into operation when the gaming site begins its business
activities.
(b) Each renewal permit application shall contain a certificate of inspection of updated
inventory, along with serial numbers or equivalent identification, as set forth in
subsections (d) and (e) below, of the gaming machines that the permit holder
intends to put into operation when the gaming site begins its business activities
under the renewal license.
(c) Before a new gaming machine is put into operation at the gaming site, the permit
holder shall notify the Chief of Police of the addition of the machine to the inventory
and update its inventory accordingly.
(d) Upon review of the inventory of machines under subsections (a), (b) and (c) above,
the Chief of Police shall enter each machine into the gaming machine registry that
the City shall create. For each machine registered, the City Manager shall cause to
be issued and delivered to permit holder for each machine within seven (7) days of
the notification required under subsection (c) a numbered metal or plastic decal.
The registration decal for each machine shall be permanently affixed thereto and
in plain view at all times. Registration decals are not transferable. The failure of any
machine to display a current registration decal shall be a violation of this section and
subject to enforcement action by the City.
(e) The inventory of machines under subsections (a), (b) and (c) above shall provide
the following information: the manufacturer(s); the serial number(s); common name,
type or description of the game played on the machine. The registration decal shall
contain the inventory number of the machine.
Sec.6.10.006 Application; term.
(a) A permit issued under this Article does not vest any property rights in the applicant
or permit holder; except to display, exhibit, or maintain for public patronage the use
of any gaming machines in accordance with the terms and conditions of this Article.
(b) A gaming permit is non - transferable and non - refundable.
(c) A permit shall be issued for a twelve (12) month term beginning on the date of
issuance.
(d) Any false statement made by an applicant on the application shall subject the permit
to immediate suspension pending revocation and the applicant may be prosecuted
as a violation of section 37.10 of the Texas Penal Code (tampering with
governmental records), a third degree felony.
(e) An application for permit shall be made by the intended owner or operator of the
gaming site.
(f) The application shall be submitted with a two hundred dollar ($200.00) processing
fee to the City Manager on a form provided by the City for such purpose. The
application must be completed for each location sought to be permitted. The
following information is required in the application:
(1) Name, address, and telephone number of the applicant, including the trade
name by which applicant does business and the street address of the proposed
gaming site, and, if incorporated, the name registered with the Secretary of
State;
(2) Name, address, and telephone number of the operator of the gaming site to be
permitted;
(3) Number of gaming machines on the gaming site and serial number of each
machine;
(4) Whether a previous permit of the applicant, or, if applicable, a corporate officer
of the applicant, has been revoked within two (2) years of filing of the
application; and
(5) A statement that all the facts contained in the application are true and correct.
Sec.6.10.007 Renewal.
(a) An application for renewal must be submitted thirty (30) days before the expiration
date of the existing permit to the City Manager on a form provided by the City for
such purpose with a one hundred dollar ($100.00) processing fee.
(b) Applications for existing gaming sites submitted after the expiration date of the
previous permit will be considered and processed as a new applicant.
Sec.6.10.008 Grounds for denial or revocation.
(a) The City Manager shall refuse to approve the issuance or renewal of a permit or
shall revoke a permit for one or more of the following reasons:
(1) A false statement as to a material matter made in an application for a permit;
(2) Revocation of a permit, pursuant to this Article, of the applicant or corporate
officer of the applicant within two (2) years preceding the filing of the
application;
(3) The applicant or a co -owner for such permit has, within the past ten (10)
years, been convicted of a crime involving moral turpitude or gambling.
(d) The City Manager shall not issue or renew a permit under this Article and shall
suspend or revoke a permit if it is determined that the applicant or permit holder is
indebted to the City for any fee, costs, penalties, or delinquent taxes at the time of
application or renewal.
(e) The City Manager shall have the authority to deny or revoke all permits issued
under this provision for any violation of this Article by giving written notice, stating
the reason for denial or revocation, and same shall be cancelled ten (10) days from
the date of receipt of such notice.
(f) No permit shall be issued within a period of one (1) year to anyone whose permit
has been revoked, except at the discretion of the City Council.
Sec.6.10.009 Appeal from denial or revocation.
If the City Manager denies, refuses to approve the issuance of a permit or the renewal of
a permit to an applicant, or revokes a permit issued under this Article, this action is final
unless the applicant or permit holder, within ten (10) days after the receipt of written notice
of the action, files a written appeal to the City Council by delivering said notice to the City
Clerk setting forth specific grounds for the appeal. The City Council shall either hear the
appeal or select a hearing officer to preside over the appeal hearing. The City Council or
hearing officer shall within fourteen (14) days of the notice of appeal grant a hearing to
consider the action. The City Council and hearing officer have the authority to sustain,
reverse, or modify the action appealed. The decision of either the City Council or hearing
officer is final.
Sec. 6.10.010 Transfer of permit.
A permit issued under the provisions of this Article shall be specific to the site and personal
to the holder thereof and shall not be transferable or assignable.
Sec. 6.10.011 Replacement permits or decals.
(a) A replacement permit shall be issued to the original applicant for one lost,
destroyed, or mutilated after a written application is submitted with a fee of fifteen
dollars ($15.00) to the City Manager on a form provided by the City for such
purpose.
(b) A replacement permit shall bear the same expiration date as the one it replaces.
(c) A new or replacement decal issued to a permit holder shall be fifteen dollars
($15.00).
Sec. 6.10.012 Occupation tax.
(a) Every permit holder who controls, possesses, exhibits, or displays, or who permits
to be exhibited or displayed in the city for public patronage or operation by the
public, any gaming machine shall pay, and is hereby levied on each such gaming
machine, except those exempt under this Article, an annual occupation tax in the
amount equal to one -fourth (1/4) of the current state occupation tax. All occupation
taxes for gaming machines are payable annually in advance. The fee for issuing a
replacement occupation tax receipt for one lost, destroyed or mutilated shall be
fifteen dollars ($15.00).
(b) Since the taxis payable in advance on an annual calendar year basis, the following
pro rata tax rate schedule will be applicable to a gaming machine which is first
exhibited or displayed for commercial use within the city during any quarter of the
calendar year:
(1) First quarter: January 1 to March 31 - an amount equal to the applicable local
annual occupation tax;
(2) Second quarter: April 1 to June 30 - an amount equal to three - quarters (3/4)
of the applicable local annual occupation tax;
(3) Third quarter: July 1 to September 30 - an amount equal to one -half (1/2) of
the applicable local annual occupation tax; and
(4) Fourth quarter: October 1 to December 31 - an amount equal to one - quarter
(1/4) of the applicable local annual occupation tax.
In computing any tax payable under the aforesaid pro rata tax rate schedule,
amounts calculated thereunder shall be rounded to the next higher full cent amount
as required.
Division 3. Inspections
Sec.6.10.013 Inspections; compliance.
(a) The gaming site shall conform to all zoning ordinances, building codes and fire
prevention codes of the City and comply with all federal, state and local ordinances
and regulations relevant to the operations of a gaming site or gaming machine.
(b) The Fire Chief, the Chief Building Official, all law enforcement or code enforcement
officials shall have the right to immediate unrestricted access to the gaming site
where such machines are located at any time during normal business hours for the
purposes of inspecting said gaming site and enforcement of the terms of this Article
and state law.
(c) An owner, operator, employee, or any person who does not allow unrestricted
access to the gaming site to officials for the purposes of inspection or enforcement
commits an offense.
Sec.6.10.014 Prohibited locations.
(a) No gaming sites shall be permitted to be placed within three hundred (300) feet of
any church, hospital or school.
(b) The measurement of the distance between the place of business and the church,
hospital or school shall be determined by measurements made in a straight line,
without regard to intervening structures or objects, from the nearest point on the
applicant's property line to the nearest point of the church, hospital or school
property line.
Sec.6.10.015 Responsibility of permit holder.
A permit holder hereunder shall not permit any of the following activities within the
permitted gaming site:
(a) The sale, purchase, possession or consumption of any alcoholic beverages as the
same is permitted by the Texas Alcoholic Beverage Code, unless the gaming site
is licensed under the provisions of said code and the ordinances of the City for the
sale, purchase, possession, or consumption of alcoholic beverages.
(b) The operation of any gaming machine by a person younger than twelve (12) years
of age except between the hours of 9:00 a.m. and 10:00 p.m.
(c) The operation of any gaming machine by any person twelve (12) years of age or
older and under seventeen (17) years of age except between the hours of 9:00 a.m.
and 11:00pm, Sunday through Thursday, and 9 :00 a.m. and 12:00 a.m. (midnight),
Friday and Saturday.
Division 4. Enforcement
Sec. 6.10.016 Violations of existing laws not authorized.
Nothing herein shall be construed or have the effect to license, permit, authorize or legalize
any machine, device, table, or gaming machine, the keeping, exhibition, operation, display
or maintenance of which is illegal or in violation of any ordinance of the City, any section
of the Penal Code of this state, or the Constitution of this state.
Sec. 6.10.017 Penalties.
(a) It shall be unlawful for an owner, operator or permit holder to exhibit or display, or
permit to be exhibited or displayed for commercial use, any gaming machine which:
(1) Does not have properly attached thereto a decal evidencing payment of
applicable occupation tax and machine registration;
(2) Is located at any address or location other than the location listed for such
machine as shown in the records of the City; or
(3) Has affixed to it a decal other than the decal issued for such as shown in the
records of the City.
(d) Except as otherwise provided by this section, if it be shown that a person has
violated this Article, upon conviction, the defendant shall be punished by a fine of
not less than two hundred dollars ($200.00) nor more than one thousand dollars
($1,000.00).
(e) Upon second conviction for a violation of this Article, the defendant shall be
punished by a fine of not less than five hundred dollars ($500.00) nor more than one
thousand dollars ($1,000.00).
(f) Any violation charged pursuant to this section shall be independent of and may be
in addition to any administrative penalties which may be imposed regarding the
suspension, revocation or denial of any permit or license granted under this Article.
Sec. 6.10.018 Sealing machine for nonpayment; hearings.
(a) The Chief of Police shall seal, in a manner that will prevent further operation, any
gaming machine upon which the tax required by this Article has not been paid or upon
which the decal is not properly displayed. The owner or operator of any machine
subject to this Article shall be required to pay a fee equal to the maximum amount
permitted under §2153.453 of the Texas Occupations Code for the release of any
machine sealed, as provided herein, for nonpayment of the tax or for failure to
properly display the decal evidencing the payment of the tax and proper registration
of the machine. The current fee amount shall be five dollars ($5.00) for each sealed
machine. Upon proof of payment of the occupation tax provided for in section
6.10.012 of this Article, and the release fee, the Chief will remove the seal.
(b) Any owner desiring to contest the tax, fee, or penalty owed to the City to secure the
release of a sealed machine may request a hearing by delivering written notice to the
City Clerk setting forth the specifics of the challenge. The City Council shall either
hear the challenge or select a hearing officer to preside over the hearing. The City
Council or hearing officer shall within fourteen (14) days of the notice of challenge
grant a hearing to consider the action. The decision of either the City Council or
hearing officer is final.
Sec. 6.10.019 Penalty for removal of sealed machine.
It shall be unlawful to remove from the permitted site any machine that has been sealed
pursuant to section 6.10.018 of this Article. Whoever removes or causes to be removed
a machine that is sealed shall be guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than $100.00 and no more than $500.00.
Sec. 6.10.020 Injunctions.
(a) In addition to the fines and penalties provided in this Article, if it appears that a
person has violated or is violating or is threatening to violate any provisions of this
Article, the City Attorney may institute a civil suit in a court of competent jurisdiction
for injunctive relief to restrain the person from continuing the violation or threat of
violation.
(b) On application for injunctive relief and a finding that a person is violating or
threatening to violate any provision of this Article, the court shall grant such
injunctive relief as the facts may warrant.
Sec. 6.10.021 Strict enforcement; exemptions.
(a) All law enforcement personnel, inspectors, and other designated personnel shall
carry out the provisions of this Article and may issue citations for violations of this
Article. All law enforcement officers and representatives shall strictly enforce and
prosecute the provisions of this Article, and court officials shall see that this Article
receives strict interpretation and adjudication in a court of competent jurisdiction.
(b) A person in possession or control of a gaming machine is exempt from this Article
if:
(1) The gaming machine is maintained exclusively in a personal residence and
solely for personal use; or
(2) The gaming machine has been altered in such a way that it no longer
functions as a coin - operated machine and is not patronized for the purpose
of winning cash or cash value prizes; or
(3) The gaming machine is owned by, leased or rented to organizations
operated exclusively for charitable, educational, religious or benevolent
purposes. An organization with social or fraternal activities does not qualify.
(4) The gaming machines designed for and utilized exclusively by children are
expressly exempt from the tax levied in Division 2 hereof.
Section 8.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 9.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 10.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
- Mayor Becky Ames -
2
June 3, 2014
Consider approving a resolution authorizing the purchase of High Density Polyethylene Pipe from
Mural Pipe & Supply, Inc., of Jasper
RICH WITH OPPORTUNITY
111CIA,11licill(
T • E • X • A • s City Council Agenda Item
Im
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Office
MEETING DATE: June 3, 2014
REQUESTED ACTION: Council consider a resolution approving the purchase of
High Density Polyethylene Pipe (HDPE) from Rural Pipe
& Supply, Inc., of Jasper in the amount of $216,800.
BACKGROUND
Bids were requested for the purchase of 40,000 feet of 8 inch HDPE pipe, for use by the Water
Utilities Department for inventory replenishment in the Sewer Rehabilitation Program. Nine (9)
vendors were notified, seven (7) bids were received. Low bid of $216,800 was received from
Rural Pipe & Supply. Inc.
Sales Tax Impact Analysis resulted in a net bid of $218,930 for the lowest local vendor, which is
not sufficient to overcome the bid from Rural Pipe & Supply, Inc.
FUNDING SOURCE
Water Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for 40,000 feet of 8 inch high density polyethylene
pipe (HDPE) for use by the Water Utilities Department for inventory replenishment in the
Sewer Rehabilitation Program; and,
WHEREAS, Rural Pipe & Supply, Inc., of Jasper, Texas, submitted a bid in the unit
amounts as shown on Exhibit "A," attached hereto, for a total amount of $216,800; and,
WHEREAS, City Council is of the opinion that the bid submitted by Rural Pipe and
Supply, Inc., of Jasper, Texas, provided the best value for the City and should be
accepted;
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 bid submitted by Rural Pipe & Supply, Inc., of Jasper, Texas, for the
purchase of 40,000 feet of 8 inch high density polyethylene pipe (HDPE) for use by the
Water Utilities Department for inventory replenishment in the Sewer Rehabilitation Program
as shown on Exhibit "A," attached hereto, for a total amount of $216,800.00 be accepted
by the City of Beaumont.
2014
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
- Mayor Becky Ames --
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June 3, 2014
Consider approving a resolution authorizing a change order to the contract with Brystar Contracting,
Inc.. for the Seventh Street Paving and Drainage Improvement Project
RICH WITH OPPORTUNITY
[I III
T- E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Patrick Donart, Public Works Director
June 3, 2014
REQUESTED ACTION: Council consider a resolution approving a change order to
the contract with Brystar Contracting, Inc., for the Seventh
Street Paving and Drainage Improvement Project.
BACKGROUND
On April 30, 2013 by Resolution No. 13 -095, City Council awarded Brystar Contracting, Inc. a
contract in the amount of $6,075,569.65 for the Seventh Street Paving and Drainage Improvement
Project. This project consists of reconstructing the existing dilapidated asphalt pavement,
upgrading its storm sewer system and replacing water and sanitary sewer mains including its
appurtenances.
Change Order No. 1 in the amount of $555,226.75 was approved on January 7, 2014. The change
order was required to modify the structure of the pavement to resolve utility conflicts.
The proposed Change Order No. 2 is in the amount of $155,887.00 and includes additional costs
related to driveway tie -ins and a restraining embankment to meet ADA requirements. Sixty
calendar days would be added to the contract.
FUNDING SOURCE
Beaumont Municipal Airport Oil and Gas Revenue.
RECOMMENDATION
Approval of resolution.
CITY OF BEAUMONT
DATE: 23 APRIL 2014
PROJECT: SEVENTH STREET PAVEMENT AND DRAINAGE IMPROVEMENT PROJECT
OWNER: CITY OF BEAUMONT
CONTRACTOR: BRYSTAR CONTRACTING, INC.
CHANGE ORDER NO.: 02
THE FOLLOWING CHANGES IN THE PLANS AND /OR SPECIFICATIONS ARE HEREBY MADE:
Afifunplete C'nnstrurtinn Items and /or onantities to the Contract:
Item
No.
Item
Code
Description
Unit
Original
Quantity
New
Quantity
Unit
Price
Amount
TOTAL PERCENT CHANGE ORDER TO DATE:
11.71%
PAVING AND DRAINAGE
$6,786,683.40
DEDUCTION
464
002
24" RCP (CL III)
LF
60
554.00
(53,240.00)
531
1 002
CONCRETE WHEEL CHAIR RAMP (TYPE 4) 4"
SY
350
-
S170.00
($59,500.00)
TOTAL AMOUNT DEDUCTED
($62,740.00)
ADDITION
502
001
BARRICADES, SIGNS, & TRAFFIC HANDLING
MO
14
16
51,100.00
52,200.00
530
002
CONCRETE DRIVEWAYS 6"
S1'
2,280
542.00
$95,760.00
531
003
CONCRETE WHEEL CHAIR RAMP (TYPE 2) 4"
SY
-
350
S170.00
559,500.00
4640
002
24" HDPE PIPES
LF
258
$49.00
$12,642.00
9000
002
RESTRAINING BLOCK (6" \ 6 ", 9" OR 12 ")(EMBANKMENT)
LF
2,000
20.70
$41,400.00
TOTAL AMOUNT ADDED
$211,502.00
WATER & SANITARY SEWER UTILITIES
ADDITION
2" CURB STOP
EA
2
5475.00
5950.00
6" \ 2" BRASS NIPPLE
EA
1
575.00
575.00
20" TRANSITION COUPLING
EA
2
$1,525.00
53,050.00
20" SOLID SLEEVE
EA
2
$1,525.00
$39050.00
TOTAL AMOUNT ADDED
$7,125.00
RANGE ORDER
TOTAL .AMOUNT
ADDED
$155,887.00
ORIGINAL CONTRACT AMOUNT:
56,075,569.65
NET FROM PREVIOUS CHANGE ORDERS:
S6,630,796.40
TOTAL AMOUNT OF THIS CHANGE ORDER:
5155,887.00
PERCENT OF THIS CHANGE ORDER:
2.57%
TOTAL PERCENT CHANGE ORDER TO DATE:
11.71%
NEW CONTRACT AMOUNT:
$6,786,683.40
60 CALENDAR DAYS HAVE BEEN ADDED IN THE CONTRACT BY THIS CHANGE ORDER
RESOLUTION NO.
WHEREAS, on April 30, 2013, the City Council of the City of Beaumont, Texas,
passed Resolution No. 13 -095 awarding a contract in the amount of $6,075,569.65 to
Brystar Contracting, of Beaumont, Texas, for the Seventh Street Pavement Widening and
Drainage Improvement Project; and,
WHEREAS, on January 7, 2014, the City Council of the City of Beaumont, Texas,
passed Resolution No. 14 -006 authorizing Change Order No. 1 in the amount of
$555,226.75 to modify the design to resolve utility conflicts and adjust construction time
by adding sixty (60) days and to furnish and install 8" water main interconnections to
existing lines and 12" to 8" sanitary sewer connections with appurtenances to meet actual
site conditions and deducting items which will not be used, thereby increasing the total
contract amount to $6,630,796.40; and,
WHEREAS, Change Order No. 2 in the amount of $155,887.00 is required for
additional costs related to driveway tie -ins and a restraining embankment to meet ADA
requirements, thereby increasing the total contract amount to $6,786,683.40;
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. 2 for additional work described above, thereby increasing the contract amount by
$155,887.00 for a revised total contract amount of $6,786,683.40.
WWI
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
- Mayor Becky Ames -
1]
June 3, 2014
Consider approving a resolution authorizing the purchase of an automated license plate reader from
Elsag North American. Inc., of Houston for use by the Police Department
RICH WITH OPPORTUNITY
r
111CA,[111C111T
T - E - X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Office
June 3, 2014
REQUESTED ACTION: Council consider a resolution approving the purchase of an
automated license plate reader (ALPR) from Elsag North
American, Inc., of Houston in the amount of $128,197.50
for use by the Police Department.
BACKGROUND
The ALPR will be used for enhancing operational and situational awareness and for
investigatory information. ALPR has the ability to read license plates on passing vehicles and to
alert dispatchers and patrol units. ALPR allows processing of thousands of vehicles traveling a
roadway without depending on an officer to read and check each plate. The system will tie into
the Houston High Intensity Drug Trafficking Area task force system in addition to State and
federal information centers.
Pricing was obtained through the Texas Multiple Awards Schedule (TXMAS) contract which
complies with State of 'Texas procurement statutes.
FUNDING SOURCE
2012 Port Security Grant. A 25% required match by the City in the amount of $32,049.38 is
available in the Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to approve the purchase of an
automated license plate reader (ALPR) from Elsag North American, Inc., of Houston,
Texas, in the amount of $128,197.50 through the Texas Multiple Award Schedule (TXMAS)
contract for use by the Police Department; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Elsag North American, Inc., of Houston, Texas, for
the purposes described herein.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
- Mayor Becky Ames -
5
June 3, 2014
Consider approving a resolution authorizing the purchase of two backhoes with pavement breakers
from Mustang Cat, Inc of Houston for use by the Water Utilities Department
RICH WITH OPPORTUNITY
11EA,[111U111T
T• E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer */,
June 3, 2014
REQUESTED ACTION: Council consider a resolution approving the purchase of
two (2) backhoes with pavement breakers from Mustang
Cat, Inc. of Houston in the amount of $90,960 for use by
the Water Utilities Department.
BACKGROUND
The new backhoes will replace unit 5092 and unit 5089, purchased in 2005 and 2001
respectively. The new pavement breakers will replace units 5078A and 5092A, purchased in
2002 and 2005 respectively. All have become unreliable and uneconomical to maintain and have
reached the end of their useful lives. The old units will be disposed of according to the City's
surplus property disposal policies.
Pricing was obtained through the Houston - Galveston Area Council (H -GAC), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. H -GAC complies with State of Texas procurement
statutes.
Warranties of three (3) years or 5,000 hours are provided for each unit. Warranty service is
provided by the dealer.
FUNDING SOURCE
Capital Reserve Fund -- Financing to be obtained in fiscal year 2014 for the new equipment for
Water Utilities as well as multiple other pieces of equipment for various City departments.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of two (2) backhoes with pavement
breakers for use by the Water Utilities Department from Mustang Cat, Inc., of Houston,
Texas, in the amount of $90,960 through the Houston - Galveston Area Council (H -GAC)
Cooperative Purchasing Program.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
- Mayor Becky Ames -
rol
June 3, 2014
Consider approving a resolution adopting the Chapter 380 Economic Development Program Policies
and Procedures for the City of Beaumont
RICH WITH OPPORTUNITY
r
T - E - X - A• S
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone,
Director of Planning & Community Development
MEETING DATE: June 3, 2014
REQUESTED ACTION: Council consider a resolution adopting the Chapter 380 Economic
Development Program Policies and Procedures for the City of
Beaumont.
BACKGROUND
Chapter 380 of the Local Government Code provides for the establishment and administration of
an economic development program in order to offer incentives for economic development
activities that help to diversify a city's economy, help to eliminate unemployment and
underemployment and develop an expansion of commerce.
In order to offer Chapter 380 incentives, cities are required to adopt clear policies and procedures
to ensure a clear understanding of what is to be provided by the developer in exchange for
incentives from the City. Attached are the proposed Beaumont Chapter 380 Policies and
Procedures and application. This policy clearly identifies the purpose, program requirements,
application process and terms, including a recapture provision for failure of the developer to meet
the agreed upon terms. As outlined in the policy, all proposed Chapter 380 applications and
related contract agreements are submitted to the City Council for consideration.
FUNDING SOURCE
Not Applicable.
RE:C:OMMENDATION
Approval of the resolution.
APPLICATION FOR 380 INCENTIVES
Applicant Information
1. Beneficiary of Incentives
Property Owner ___, Business Owner Leaseholder_
Mailing address
Telephone Fax _
Cell Phone Email
2. Contact Information _
Title
(check all that apply)
Mailing address _
Telephone Fax
Cell Phone Email
Relationship to Beneficiary: Same as above _, Authorized Representative _
3. Property address
4. Property legal description (metes & bounds )
5. Attach a complete description of the project including:
A. Method of financing
B. Primary business activity at this site
C. Complete description of all land uses
D. Time schedule for completion of improvements
E. NAICS /SIC Industry Code
F. Descriptive list of improvements
1. Size sq. ft.
2. Cost of construction $
3. Value of Personal Property
a. Inventory $
What percent is eligible for Freeport Exemption (exported from
Texas within 175 days) %
b. Equipment, machinery, furnishings, etc. $
G. What taxable sales will be generated at this location $ per year
6. These documents must be submitted prior to the City staff's review of the application:
• Property tax statement from the County Tax Office
• Plat /map of project location
7. Level of abatement requested
or _ Business Personal Property
City of Beaumont Incentives Application
Page 1 of 3
Years on Real Property
8. Describe, in detail, all other incentives sought from the City- other economic incentives, fee waivers, fast -track
plans review, etc.
9. Estimated taxable value of property improvements: Real Personal
Estimated taxable value is the value of the improvements on January 1 of the year after the improvements are
made.
10. Job Creation & Retention:
Number of Full Time
Equivalent Jobs
Avg. Annual, Monthly,
or Hourly Wage
Benefits Provided
# of Positions Created
# of Positions
Retained
Executive
Professional
Managerial
Administrative
General Labor
Other
_
--
-
Total - - - - --
-- —
–
11. Infrastructure improvements /modifications sought:
12. Will 381 application be made to Jefferson County? Yes No
13. On an attachment, describe why incentives are necessary for the success of this project and, how the
improvements will benefit the property at the conclusion of the incentives (Include any
documentation necessary to substantiate your request and if any other locations are under
consideration).
14. 1 am authorized to sign this application for incentives and to certify through my signature below that
the business for whom I am authorized to sign, or a branch, division, or department of the business,
does not and will not knowingly employ an undocumented worker. If, after receiving an incentive or
a "public subsidy" as defined in Government Code § 2264.001(3), the business or a branch, division,
or department of the business, is convicted of a violation under 8 U.S.C. § 1324a(f), the business shall
repay the amount of the incentive or the public subsidy with interest, at the rate and according to the
other terms provided by an agreement required under Government Code § 2264.053, not later than the
120th day after the date the City notifies the business of the violation.
I certify that the information contained herein is true and correct.
Name
Date
City of Beaumont Incentives Application
Page 2 of 3
Title (Must be signed by a corporate officer
with signature authority)
•sauwaxx, t# ��,
This application must be completed and returned for consideration prior to the submission of an
application for a building permit or the issuance of a certificate of occupancy, whichever comes first.
Upon receipt of this application, the City of Beaumont shall require such financial and other information
as may be deemed appropriate for evaluating the financial capacity and other factors of the applicant.
An electronic copy of this application is available. For more information, please call (409) 880 -3100.
Completed requests should be submitted to:
Chris Boone
Director of Planning and Community Development
City of Beaumont
P.O. Box 3827
Beaumont, TX 77701
City of Beaumont Incentives Application
Page 3 of 3
RESOLUTION NO.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby adopts the City of Beaumont's Chapter 380 Economic
Development Program Polices and Procedures attached hereto as Exhibit "A."
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
- Mayor Becky Ames -
CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM
POLICIES AND PROCEDURES
1.
General Statement of Purpose and Policy
The City of Beaumont is committed to the promotion of high quality development in all
parts of the City and to an ongoing improvement in the quality of life for its citizens. The
City has previously developed economic development programs and incentives designed
to encourage new development in targeted areas. Now the City of Beaumont seeks to
enhance its economic development efforts to attract and retain high quality development
and jobs by establishing these Chapter 380 Economic Development Program Policies and
Procedures.
These Policies and Procedures are established in an effort to develop and expand the local
economy by promoting and encouraging development and redevelopment projects that
eirllance the City's economic base, and diversify and expand job opportunities or by
promoting and encouraging projects that create additional revenue for the city without
substantially increasing the demand on City services or infrastructure. The ultimate goal
and public purpose of programs established hereunder is to protect and enhance the
City's fiscal ability to provide high quality municipal services for the safety. comfort and
enjoyment of Beaumont residents.
In furtherance of these objectives, the City of Beaumont will, on a case -by -case basis,
give consideration to providing economic incentives to applicants in accordance with
these Policies and Procedures as authorized by Chapter 380 of the Texas Local
Government Code, as amended from time to time.
Nothing in this document is intended to imply or suggest that the City of Beaumont is
under any obligation to provide economic incentives to any applicant. All applicants shall
be considered on a case -by -case basis. The decision to approve or deny economic
incentives shall be at the discretion of the City Council. Each applicant granted economic
incentives as a Chapter 380 Economic Development Program (also referred to as
Program) under these Policies and Procedures must enter into an agreement with the City
of Beaumont containing all terms required by these Policies and Procedures and by state
law to protect the public interest of receiving a public benefit in exchange for public
funds, assets and sep,ices invested to stimulate economic development.
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EXHIBIT "A"
II.
Program Requirements
A. To be considered for incentives as a Chapter 380 Economic Development Program
under these Policies and Procedures, a project must at least meet the following
minimum requirements:
1. The project shall
a. be specifically determined by resolution of the Beaumont City Council to
bring benefit to the City consistent with the General Statement of Purpose and
Policv.
2. In addition, the project
a. will enhance the City's fiscal ability to provide high quality municipal
services for the safety, comfort and enjoyment of Beaumont residents.
b. will make a unique or unequaled contribution to development or
redevelopment efforts in the City of Beaumont, due to its magnitude,
significance to the community or aesthetic quality.
B. A project shall not be eligible for incentives under these Policies and Procedures if a
building permit has been issued for the project prior to making application in
accordance with these Policies and Procedures.
III.
Additional Considerations
Additional factors to be considered by the City Council in determining whether to
authorize an Agreement for incentives as a Chapter 380 Economic Development Program
(Program) are:
A. The number and types of jobs to be created or retained;
B. The financial capacity of the applicant to undertake and complete the proposed
prod ect,
C. The market conditions and growth potential for the business activity, and
D. Any other factors the City Council finds helpful and relevant to accomplishing the
City's economic development objectives.
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IV.
Application Process
A. An application for consideration as a Program shall be made on forms supplied by
the City. An applicant may be required to provide additional information to show
compliance with minimum Program requirements. If City staff deteninines
minimum Program requirements have been met, City staff shall prepare and
present a proposed Agreement with the application to the City Council.
B. The City Council may consider the proposed Agreement and may take action on
the proposal as it deems appropriate. Nothing in these Policies and Procedures
and nothing in the application form and process shall create any property,
contract, or other legal right in any person to have the City Council consider or
grant incentives.
V.
Agreement Terms
An Agreement established for a Program must include:
A. A timetable and list of the kind of improvements or development that the Program
will include, and conditions to assure that the Program meets or exceeds the City's
requirements.
B. A complete description of the location of the proposed Program or projects included
in the Program;
C. A timetable and list of the kind of benefits that the proposed Program will provide;
D. A provision establishing the duration the Ab eement;
E. A provision providing a tangible means for measuring whether the applicant and
other responsible parties have met their obligations under the Agreement;
F. A provision providing for access to and authorizing inspection of the property and
applicant's pen_inent business records by municipal employees in order to determine
compliance with the Agreement;
G. A provision for cancellation of the Agreement and /or nonpayment of incentives if the
Program is determined to not be in compliance with the Agreement;
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H. A provision for recapturing City funds granted or loaned, or for recapturing the value
of other public assets granted or loaned, if the applicant does not meet its duties and
obligations under the terms of the Agreement.
I. A provision that allows assignment of the Agreement with prior written approval of
the City Council. or without the prior written approval of the City Council provided
that:
1. all rights, duties, obligations and liabilities under the Agreement are assigned
from the assi ,. >,nor to the assignee; and
2. the assignment is made subject and subordinate to the Agreement and the
Chapter 380 Economic Development Program Policies and Procedures; and
the assignment document is in a form and contains content acceptable to the City
Attorney's Office;
.I. Provisions relating to administration, delinquent taxes, reporting requirements and
indemnification;
K. A provision that the Agreement may be amended by the parties to the Agreement by
using the same procedure for approval as is required for entering into the Agreement;
and
L. Such other provisions as the City Council shall deem appropriate.
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