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HomeMy WebLinkAboutPACKET SEP 25 2012 (02)RIC■ WITS OrrOST0NITT BEAUM`01K* T• S• Z- A- 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 2012 1:30 P.M. CONSENT AGENDA * Approval of minutes — September 18, 2012 Confirmation of committee appointments Norris Batiste, III would fill the unexpired term of Robert Prados (deceased) on the Police Department Community Advisory Committee. The term would commence September 25, 2012 and expire January 10, 2013. (Councilmember Gethrel Williams -Wright) A) Approve a resolution authorizing the City Manager to execute an amendment to adopt a renewal rate schedule to the agreement with B1ueCrossBlueShield of Texas to provide third party administrative services B) Approve a resolution authorizing the City Manager to accept the Event Center Area Paving and Drainage Improvements Project for maintenance, and to approve a change order C) Approve a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Lucas SRL Relief Project D) Approve a resolution authorizing the City Manager to execute all documents necessary to accept funding from the Texas Department of Transportation related to the Safety Traffic Enforcement Program E) Approve a resolution accepting a payment and waiving interest related to paving liens dated September 9, 1930 on properties described as 1105, 1115, 1117, and 1125 Ewing F) Approve a resolution accepting a payment and waiving interest related to a paving lien dated May 7, 1930 on property at 1245 Bolivar G) Approve a resolution authorizing the City Manager to join with Jefferson County in approving the Closing Documents for the 800 MHz Reconfiguration H) Approve a resolution authorizing the City Manager to enter into an agreement with the State Firemen's and Fire Marshal's Association concerning responsibilities related to the Fire Museum of Texas I) Approve a resolution authorizing the City Manager to execute all documents necessary, specifically including a License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall J) Approve a resolution approving a memorandum of understanding between the Beaumont Police Department and the United States Department of Justice, Drug Enforcement Administration K) Approve a resolution authorizing the City Manager to execute an agreement for the placement of fiber optic cable in the public right-of-way L) Approve a resolution appointing Wilmington Trust Retirement and Institutional Services Company (WTRISC) as a passive -directed trustee of the Trust established in connection with the City's 457 Deferred Compensation Plan and VantageCare Retirement Health Savings Plan RESOLUTION NO. 12-182 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Norris Batiste III is appointed to the Police Department Community Advisory Committee to fill the unexpired term of Robert Prados. The term will commence September 25, 2012 and expire January 10, 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - U RICH WITH OPPORTUNITY [1EA-,UM0N* T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Lillie Babino, Human Resources Director September 25, 2012 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to execute an amendment to adopt a renewal rate schedule to the agreement with B1ueCrossBlueShield of Texas to provide third party administrative services. BACKGROUND The City offers its full time employees a self-funded Dual Option Preferred Provider Organization (PPO) medical plan and a self-funded dental plan There are 1456 participants enrolled in the PPO plan, consisting of 1235 active employees, 217 retirees, and four (4) COBRA participants. In May 2012, City staff began analyzing the City's health care costs. In June 2012, staff worked with Holmes Murphy & Associates, its Benefits Consultant, to determine if the City should request bid proposals for its PPO, and dental plans or remain with the current administrator, B1ueCrossBlueShield of texas (BCBSTX) for 2013. The City has the option to negotiate new rates with BCBSTX without seeking bids. The current agreement with BCBSTX started January 1, 2011 and can be renewed for up to five years. After analyzing and negotiating the BCBSTX renewal rates, it was determined that BCBSTX, the incumbent carrier, offered the most cost effective plans with an extensive provider network and deep provider discounts. Negotiations by Holmes Murphy & Associates with BCBSTX resulted in the PPO plan administration fee renewal increase being 7 %. The PPO plan increase was a function of increased utilization due to aging members, rising trend factors and increasing provider payments. Renewal rates for the self-funded dental plan did not increase. Page 2 Staff recommends implementation of the following rates to be paid by the City for PPO and Dental administration effective January 1, 2013: 2012 Monthly PPO Stop Loss and Administration Rates 2013 Monthly PPO Stop Loss and Administration Rates Employee Only $75.60 $80.55 Employee +1 Dependent $117.68 $125.71 Employee + Family $117.68 $125.71 FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of resolution. 2012 Monthly Dental 2013 Monthly Dental Administration Rates Administration Rates Employee Only $5.66 $5.66 Employee +1 Dependent $5.66 $5.66 Employee + Family $5.66 $5.66 FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on September 7, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-234 authorizing the City Manager to execute a three-year agreement, with an option to extend for two additional years, with Blue Cross Blue Shield of Texas (BCBSTX) for third party administration of the City's self-funded Dual Option Preferred Provider Organization (PPO) medical plan and self-funded dental plan effective January 1, 2011; and, WHEREAS, on September 13, 2011, the City Council of the City of Beaumont, Texas, passed Resolution No. 11-262 amending the agreement with Blue Cross Blue Shield of Texas (BCBSTX) for third party administration of the City's self-funded Dual Option Preferred Provider Organization (PPO) medical plan and self-funded dental plan effective January 1, 2012; and, WHEREAS, it is necessary to amend the agreement to adopt the renewable rate schedule as shown below: 2012 Monthly Dental Administration Rates 2012 Monthly PPO Stop Loss and Administration Rates 2013 Monthly PPO Stop Loss and Administration Rates Employee Onl $75.60 $80.55 m to ee +1 Dependent $117.68 $125.71 m to ee + Family $117.68 $125.71 2012 Monthly Dental Administration Rates 2013 Monthly Dental Administration Rates m to ee Only $5.66 $5.66 m to ee + 1 Dependent $5.66 $5.66 m to ee + Family $5.66 1 $5.66 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT; THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute an amendment to the agreement with Blue Cross Blue Shield of Texas (BCBSTX) to provide third party administrative services effective January 1, 2013 to adopt a renewable rate schedule. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - I 0� RICH WITH OPPORTUNITY BEAUMON* TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director September 25, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept the Event Center Area Paving and Drainage Improvements Project for maintenance, and to approve a change order to the contract with CF Jordan Construction. BACKGROUND On June 29, 2010, City Council awarded CF Jordan Construction the contract for the Event Center Area Paving and Drainage Improvements Project. Change Order No. 4 in the amount of $72,242.22 is recommended to adjust the estimated quantities to reflect the actual quantities used during the performance of the project. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. CITY OF BEAUMONT DATE: 17 SEPTEMBER 2012 PROJECT: EVENT CENTER AREA PAVING AND DRAINAGE (PHASE 2) OWNER: CITY OF BEAUMONT CONTRACTOR: CF JORDAN CONSTRUCTION CHANGE ORDER NO.: 04 (FINAL) Adjust the Estimated Quantities to reflect the Actual Quantities used in the completion of the project: ORIGINAL CONTRACT AMOUNT: NET FROM PREVIOUS CHANGE ORDERS: TOTAL AMOUNT OF THIS CHANGE ORDER: PERCENT OF THIS CHANGE ORDER: TOTAL PERCENT CHANGE ORDER TO DATE: NEW CONTRACT AMOUNT: ACCEPTED BY: APPROVED BY: BILL REES C.F. JORDAN CONSTRUCTION DR. JOSEPH MAJDALANI, P.E. CHIEF ENGINEER PATRIC DONART, P.E. PUBLIC WORKS DIRECTOR ATTESTED BY: PREPARED BY: $3,844,851.18 $4,091111.01 $72,242.22 1.88% 8.29% $4,163,453.23 RAFAEL G. MIRANDA PROJECT MANAGER KYLE HAYES, CITY MANAGER TINA BROUSSARD, CITY CLERK , ..:.:.:.:.:..:.::.........: rr�'1 U rA w Q z O Q z w C �U � u u — s W F F- � v M C LQ `= I^ m�1 9 1-9 W a— O Kit a -v 1� (r C Q Q Z m C�LSJ� L (� U1 ,. e C �U � u u — s W F F- RESOLUTION NO. WHEREAS, on June 29, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-174 awarding a contract in the amount of $3,844,851.18 to C. F. Jordan Construction, L.L.C., for the Event Center Area Paving and Drainage Improvements Project; and, WHEREAS, Change Order No. 1 in the amount of $156,279.43 was required for the installation of new water mains and appurtenances, thereby increasing the contract amount to $4,001,130.61; and, WHEREAS, Change Order No. 2 in the amount of $87,556.40 was required to add item quantities to the contract, thereby increasing the contract amount to $4,088,687.01; and, WHEREAS, Change Order No. 3 in the amount of $2,524.00 was required to add item quantities to the contract, thereby increasing the contract amount to $4,091,211.01; and, WHEREAS, Change Order No. 4 in the amount of $72,242.22 is required to adjust the estimated quantities during the performance of the project, thereby increasing the contract amount to $4,163,453.23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 4 in the amount of $72,242.22, thereby increasing the contract amount to $4,0163,453.23; and, BE IT FURTHER RESOLVED THAT the completed Event Center Area Paving and Drainage Improvements Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $226,864.73 to C. F. Jordan Construction, L.L.C. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUMON* T- E- S- A* S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 9.D. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 25, 2012 c REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the Lucas SRL Relief Project. BACKGROUND Drainage District No. 6 is currently working on the Lucas SRL Relief Project in the north end of the City. The District is installing box culverts on Abilene, Lucas, Luflcin, El Paso, Galveston, Wilson, Dallas, Fillmore, Hayes, and Buffalo Streets. The Water Utilities Department is installing new water and sanitary sewer lines to accommodate the installation of the boxes. Public Works will be resurfacing the afore -mentioned streets to complete the work. The City will invoice the District for one hundred percent (I W16) and be reimbursed for ninety percent (90%) up to $475,000 for street repairs and $275,000 for utility adjustments. The City will be responsible for the ten percent (10%) local share match. FUNDING SOURCE Capital Program and General Fund -Public Works. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD #6) for the Lucas SRL Relief Project. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - INTERLOCAL AGREEMENT Tim, CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 (LUCAS SRL RELIEF PROJECT) STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made by and between the City of Beaumont, a home rule City of the State of Texas (hereinafter called "City") and Jefferson County Drainage District No. G, a special district of the State of Texas (hereinafter called "District") under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. WHEREAS, the City and the District are working together to make improvements to the City's drainage infrastructure in the north end of Beaumont, Jefferson County, Texas, in the area of Abilene Street southerly to Buffalo Street, to include the installation of culverts, as well as new sewer lines and water lines; WHEREAS, the District is installing culverts, under Abilene, Lucas, Lufkin, El Paso, Galveston, Wilson, Dallas, Fillmore, Hayes and Buffalo Streets; WHEREAS, the City owns and maintains the afore -mentioned streets, and the City and the District are desirous of reciting in writing, certain duties and obligations between the parties hereto with regards to this culvert installation project; THEREFORE, the City and the District agree as follows: WITNESSETH I . The District agrees to reimburse the City for ninety percent (90%) of their costs, not to exceed $247,500.00, related to water and sewer line adjustments that will be performed to allow for the culvert installations; EXHIBIT "A" 2. The District agrees to reimburse the City for ninety percent (90%) of the costs not to exceed $427,500.00, for any street repairs related to storm sewer improvements made by the District on Abilene, Lucas, Lufkin, Bl Paso, Galveston, Wilson, Dallas, Fillmore, Hayes, and Buffalo Streets; I The District will provide manpower and equipment to excavate for the water and sewer line adjustments and installations. Upon completion of the utility adjustments or installations, the District will backfill the excavation under the City's direction; 4. The City will purchase and supply pipe and appurtenances for the utility adjustments and installations. The City will supply manpower to make tie-ins and help lay pipe; 5. The District will backfill the culverts, beside and above the culverts, as per Attachment "A." The District will purchase and haul the necessary backfill; 6. The City will provide materials, manpower, and equipment to pave the road(s); and 7. On a monthly basis or greater, at its convenience, the City will invoice the District for one hundred percent (100%) of the costs of the repairs to date, up to $475,000.00 for street repairs and $275,000.00 for utility adjustments. The invoice will include all back-up documentation that justifies the invoice amount, such as material invoices, equipment use costs, labor costs, and contractor invoices. The District will then reimburse the City for ninety percent (90%) of INTERLOCAL AGREEMENT - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 2 the total costs invoiced. The City will be responsible for the ten percent (10%) local share match. The ten percent (10%) can be in-kind, or by purchase of material. All documentation for expenses must be in a format accepted by the Texas Water Development Board (TWDB) as the administrator of this grant for FEMA. Any amount reimbursed to the City by the District and later disallowed by TWDB/FEMA, or as a result audit will be the sole responsibility of:'the City. EXECUTED this ATTEST: By: City Clerk ATTEST: By:_ day of William F. Miranda, Secretary DC/pa/DDG 52012. CITY OF BEAUMONT By: City Manager JEFFERSON COUNTY DRAINAGE DISTRICT NO. G By: Sam O. Smith, President INTERLOCAL AGREEMENT - Lucas SRL Relief Project City of Beaumont and Jefferson County Drainage District No. 6 Page 3 A T TA CHM.E`N T " A " VARIES EXISTING TO BE INSTALLED EXISTING ASPHALT BY CITY -, ASPHALT OR r 1 1/2 SACK BOX D 11 57—ROCK AS NEEDED IN LIEU OF CEMENT 7 /—TT7 � STABILIZED SAND OPEN -CUT ASPHALT BACKFILL REQUIREMENTS N.T.S, s CRUSHED LIMESTONE COMPACTED TO r ' :.•. ',: 95% PROCTOR , .. ,: • ' �' ` : ,'. ,'. .. 1'-0' FOR PIPE SEWER -42' DIAMETER AND LESS 2'-0' FOR PIPE SEWER 48' DIAMETER AND OVER, 1'-0' FOR BOX SEWER PIPELIMITS OF PAYMENT FOR r CEMENT STABILIZED BACKFILL OR r 1 1/2 SACK BOX D 11 57—ROCK AS NEEDED IN LIEU OF CEMENT 7 /—TT7 � STABILIZED SAND OPEN -CUT ASPHALT BACKFILL REQUIREMENTS N.T.S, RICH WITH OPPORTUNITY n1u* BEAUMUIR T• B• X• A• 8 TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager James P. Singletary, Chief of Police September 25, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary to accept funding from the Texas Department of Transportation related to the Safety Traffic Enforcement Program. BACKGROUND The Police Department has successfully applied for and the City Council approved several traffic safety grants since 1999. This grant application will provide funding for a "FYI 3 S. T. E. P. Waves" grant program which occurs between October 1, 2012 and September 30, 2013 and would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury. FUNDING SOURCE City would receive grant funding in an amount not to exceed $17,532.44 from the Texas Department of Transportation. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS, traffic safety enforcement and encouragement of safe driving habits are a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement funding in an amount not to exceed Seventeen Thousand Five Hundred Thirty -Two and 44/100 Dollars ($17,532.44) pursuanttothe projecttitled "FY13 Safety Traffic Enforcement Program (S.T.E.P.) Waves" for occupant protection enforcement, education of the public and speeding enforcement; and, WHEREAS, the City of Beaumont has agreed to contribute Eighteen Thousand Four Hundred Nine and 09/100 Dollars ($18,409.09) as its portion of the costs for the project titled "FY13 Safety Traffic Enforcement Program (S.T.E.P.) Waves" which are for the holidays Thanksgiving 2012, Valentine's Day 2013, Memorial Day 2013, and Labor Day 2013; 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 of the City of Beaumont be, and is hereby, authorized to execute all documents necessary to accept the project "FY13 Safety Traffic Enforcement Program (S.T.E.P.) Waves" and take such action as necessary to implement the project which occurs between October 1, 2012 and September 30, 2013. BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and disburse the federal reimbursement grant funding in an amount not to exceed Seventeen Thousand Five Hundred Thirty -Two and 44/100 Dollars ($17,532.44) and take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "FY13 Safety Traffic Enforcement Program (S.T.E.P.) Waves" project recognizing the City's contribution match of Eighteen Thousand Four Hundred Nine and 09/100 Dollars ($18,409.09). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - RICH WITH OPPORTUNITY 11EAUMON T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider approving a resolution accepting a payment and waiving interest related to paving liens dated September 9, 1930 on properties described as 1105, 1115, 1117, and 1125 Ewing or legally described as Lots 11 and 12 in Block 25 of the Jirou Addition. BACKGROUND Ms. Mary Safieh has requested that the paving lien charges in the total amount of $3,788.49 be reduced or dismissed. The property was purchased in 1929 by Ms. Safieh's grandmother. The property was found to have a clean title as of April 21, 1930 by a title company. These paving liens were attached on September 9, 1930, following the examination. The lien was recently found as part of a title search related to selling the property. A payment of the principal amount due would be made in the amount of $569.20 and the interest accrued since 1930 in the amount of $3,219.29 would be waived. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. Mary Safleh 3333 Allen Parkway #704, Houston, TX 77019 PHONE 281 972 9226 Laura Clark, CFO City of Beaumont PO Box3827 Beaumont, TX 77704-3827 September 4, 2012 Dear Ms Clark: I recently sold a property at 1105, 1115, 1117 and 1125 Ewing all under the legal description of Lots it and 12 in Block 25 of the Jirou Addition to the City of Beaumont, TX. I was informed that there was a lien attached to the property in the amount of $3788.49, a paving lien from 1930. This property has been in our family for many years. My grandmother purchased this property in 1929 (see enclosed copy of Abstract Title). Since the original purchase in 1929, this property has been inherited twice, once by my mother, then by me. At no time were any of us ever informed that a lien existed. The abstract reads: We hereby certify that we have made a thorough examination of the records of Deeds, Mortgages, Judgments, Attachments, Federal, Liens and of the Minutes of the Probate Court in the office of the Clerk of the County Court of Jefferson County Texas; also of the Minutes of the District Court in the Office of the perk of the District Court of Jefferson County Texas, in that we were unable to find anything in the said records of affecting the title to the property described on the title page hereof except as shown by the foregoing pages... in order to sell the property I was required to pay the lien in full. At this point, since this is something we had never been made aware of, I am requesting a reduction, hopefully even dismissal of the amount so that I can be reimbursed. It was deducted from the total sale amount. I appreciate any assistance you can lend. Please feel free to contact me at my current number: 281972 9226. Sincerely, .')I Awl Mary Esther Salim Yantis (Safleh) RESOLUTION NO. WHEREAS, a paving lien dated September 9, 1930, in the amount of $3,788.49, represented by $569.20 in principal and $3,219.29 in interest, exists against property described as 1105, 1115, 1117, and 1125 Ewing Street, Lots 11 and 12 in Block 25 of the Jirou Addition; and, WHEREAS, in 1929, Mary Safieh's grandmother purchased property described as 1105, 1115, 1117, and 1125 Ewing Street, Lots 11 and 12 in Block 25 of the Jirou Addition, and said paving lien was not discovered and cleared at that time; and, WHEREAS, said paving lien was filed of record in the County Clerk's Office on August 21, 1930; and, WHEREAS, Mary Safieh and family are attempting to sell property described as 1105, 1115, 1117, and 1125 Ewing Street, Lots 11 and 12 in Block 25 of the Jirou Addition and the net balance of the pending sale will be greatly diminished by said lien; and WHEREAS, the City recommends approving payment in the amount of $569.20 for a paving lien on property described as 1105, 1115, 1117, and 1125 Ewing Street, Lots 11 and 12 in Block 25 of the Jirou Addition and waiving interest in the amount of $3,219.29; 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 lien payoff for 1105, 1115, 1117, and 1125 Ewing Street, Lots 11 and 12 in Block 25 of the Jirou Addition be and it is hereby approved in the amount of $569.20 and interest be and it is hereby waived in the amount of $3,219.29. BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the pavement lien in the amount of $3,788.49 for the above described property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - F RICH WITH OPPORTUNITY IIEA,,UMON* T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer September 25, 2012 REQUESTED ACTION: Council consider approving a resolution accepting a payment and waiving interest related to a paving lien dated May 7, 1930 on property at 1245 Bolivar, legally described as Ogden W3/4L 3 B 26 Abstract 048600. BACKGROUND James A. Young has requested that the paving lien charges in the total amount of $864.86 be dismissed. After speaking with Mr. Young, he offered to pay the principal amount due ($129.30) on a paving lien assessed against property that his uncle, Rodney Phills, purchased in 1970. The paving lien was not discovered at the time of purchase. The lien was recently found as part of a title search related to selling the property. The interest accrued since 1930 is $735.56 and would be waived. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. September 12, 2012 Laura Clark, CPA Chief Financial Officer P.O. Box 3827 Suite 320 Beaumont, TX 77704-3827 Ms. Laura Clark, I am requesting to waive or dismiss the Paving Lien charges of $864.86 on my property at 1245 Bolivar. This charge was assessed back in 1930. My uncle, Rodney Phills, did not buy this house until 1970. Someone let this lien slip by. So, if you would please dismiss this charge, I would really appreciate it. This lien should have been collected before my uncle purchased the house. Sincerely, James A. Young RESOLUTION NO. WHEREAS, a paving lien dated May 7,1930, in the amount of $864.86, represented by $129.30 in principal and $735.56 in interest, exists against property described as 1245 Bolivar Street, Ogden W3/41- 3 B 26, Abstract 048600; and, WHEREAS, in 1970, James A. Young's uncle, Rodney Phills, purchased property described as 1245 Bolivar Street, Ogden W3/41- 3 B 26, Abstract 048600, and said paving lien was not discovered and cleared at that time; and, WHEREAS, James A. Young and family are attempting to sell property described as 1245 Bolivar Street, Ogden W3/41- 3 B 26, Abstract 048600 and the net balance of the pending sale will be greatly diminished by said lien; and WHEREAS, the City recommends approving payment in the amount of $129.30 for a paving lien on property described as 1245 Bolivar Street, Ogden W3/41- 3 B 26, Abstract 048600 and waiving interest in the amount of $735.56; 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 lien payoff for 1245 Bolivar Street, Ogden W3/41- 3 B 26, Abstract 048600 be and it is hereby approved in the amount of $129.30 and interest be and it is hereby waived in the amount of $735.56. BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the pavement lien in the amount of $864.86 for the above described property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - G RICH WITS OPPORTUNITY BEAUMON* T • R • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to join with Jefferson County in approving the Closing Documents for the 800 MHz Reconfiguration. BACKGROUND On August 6, 2004, the Federal Communications Commission ("FCC") issued a report and order to reconfigure the frequency allocations in the 800 MHz band ("Reconfiguration"), including frequency allocations on which the City of Beaumont, Jefferson County and Nextel are currently authorized to operate. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration. Pursuant to the Order, Nextel, The City of Beaumont and Jefferson County entered into a 800 MHz Frequency Reconfiguration Agreement, defining the Parties' respective obligations regarding the Reconfiguration, including without limitation Nextel's obligation to pay for reasonable costs incurred in effecting the Reconfiguration. City Council Resolution No. 08-061 passed on March 4, 2008 authorized the City Manager to execute the Frequency Reconfiguration Agreement, All work has been completed and verified. City Council Resolution No. 12-067 passed on March 27, 2012 authorized the City Manager to approve the System Acceptance for the 800 MHz Reconfiguration with Motorola. Sprint is now requesting that we sign their Closing Documents to complete the project. FUNDING SOURCE Not applicable. Nextel is fully funding all necessary expenditures for the reconfiguration of frequency allocations. 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 execute the necessary documents to join with Jefferson County in approving the Closing Documents for the 800 MHz Reconfiguration. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - AF RICH WITH OPPORTUNITY REAU'MON * T • Z • _ • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Anne Huff, Fire Chief MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to enter into an updated agreement with the State Firemen's and Fire Marshal's Association concerning responsibilities related to the Fire Museum of Texas. BACKGROUND Since 1986, the City of Beaumont has partnered with the State Firemen's and Fire Marshal's Association to operate the Fire Museum of Texas. The Fire Museum's mission includes teaching fire and safety-related education programs and highlighting the history of the fire service. The proposed agreement has been approved by the State Firemen's and Fire Marshal's Association and the Fire Museum of Texas Board of Directors. The agreement will expire January 1, 2017. FUNDING SOURCE Currently, the salary of one employee assigned to the Fire Museum is funded through the City of Beaumont General Fund. 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 execute an agreement, effective upon execution through January 1, 2017, with the State Firemen's and Fire Marshal's Association to provide for long-term loan of property to the Fire Museum of Texas. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT WHEREAS, the City of Beaumont, Texas (herein "City"), and the State Firemen's and Fire Marshals' Association (herein "Association") entered into an agreement on the 4th day of January, 1986, concerning the establishment of the State Fire Museum of the State of Texas in Beaumont, Texas, on an interim basis; and WHEREAS, said State Fire Museum of the State of Texas has been successfully operated by the City of Beaumont under the terms of such agreement since that time; and WHEREAS, the Association and the City desire to designate the City of Beaumont as the permanent location of the State Fire Museum of the State of Texas and outline the understanding between the Association and the City; TO THAT END, the parties hereto agree as follows: WITNESSETH: I. The Association hereby designates City as the designated location of "The Fire Museum of the State of Texas" (herein "Museum") or any reasonable variation of such name and designates said Museum as the official location of the State Fire Museum of the State of Texas as duly authorized and approved by the Association. Such Museum shall be located at Fire Department Headquarters, 400 Walnut Street, Beaumont, Jefferson County, Texas. The name Fire Museum of Texas, Association Inc. was incorporated in 1992 and belongs to the 501(c)(3). It is owned and operated in accordance to all IRS rules and regulations. The Fire Museum of Texas, Association Inc. partners with the City of Beaumont under the direction of the Fire Chief to operate the Museum. II. The City, in accordance with the previous agreements between the parties dated in 1986, 1992 and 2007, accepted, housed, maintained and cared for the equipment and items listed on Exhibit "A" attached hereto and made a part hereof for all purposes. The Association herby agrees items be accessed and managed in accordance with the collection policy of the Fire Museum of Texas. Future donations made to the Museum will be accepted only in accordance with such accession and collection policy. III. City shall, at its sole cost and expense, provide for the routine preservation, maintenance, repair, security, operation and upkeep of the Museum and the property contained therein. All improvements, maintenance and repairs shall be performed in a thorough and competent manner, consistent with standards prevailing for such work, and shall meet with the approval of the Fire Chief. EXHIBIT "A" IV. For purposes of managing and operating the Museum and the collection, City shall have the right to solicit on behalf of the Museum contributions from persons, firms or corporations, and governmental agencies other than the City. Any monies solicited by City for those purposes shall belong to City and be used by City in the performance of its obligations hereunder and otherwise insofar as such use is in connection with the Museum and its collection and for no other purpose. Additionally, City may accept donations from non-profit corporations and other such entities under the same terms and conditions as those set out herein. Any money solicited or collected by the Association for the Fire Museum will be awarded annually. V. Within sixty (60) days after January 1, 2012, and each year thereafter during the term of this Agreement, City shall submit to Association an annual report covering the operation of the Museum for the preceding calendar year ending December 31 st. VI. Subject to appropriation by the City Council of City, City shall, at its sole cost and expense, furnish water, electricity, natural gas and sewer service to the Museum. The Association, in keeping with the obligations of its non-profit charter, shall encourage its membership to support the Museum financially. To that end, the Association may, but shall not be obligated to, provide capital for the Museum as an allocated portion of the Association's budget. Any such support received by City shall be used solely for the performance of City's obligations under this Contract and otherwise only insofar as such use is in connection with the Museum and its collection and for no other purpose. VII. As stated in the Fire Museum By -Laws, The Association agrees to appoint at least (3) members, no more than (5) members to the Museum Board of Directors in an Advisory capacity. These members shall be appointed from the membership of the State Firemen's and Fire Marshal's Association of Texas by the President. These members will act as Advisors only for the Museum Board. They agree to be advocates of the museum mission, promote membership to the Fire Museum and help with fundraising efforts. Members will attend quarterly meetings and act as liaisons between the Association and the Fire Museum. Appointed members will negotiate a renewal agreement with the Association Executive Board every five years with the City of Beaumont on behalf of the Fire Museum of Texas Association, Inc. the 501(c)(3) who manages the daily operations of the museum. VIII The term of this Contract shall commence on the date of execution of this Contract and expire thereafter on January 1, 2017. At the termination of Agreement by the City or SFFMA, the City agrees that it will, upon written request of the Association, immediately return all SFFMA items, exhibits, properties, and equipment. At termination of agreement, the Fire Museum agrees to discontinue use of the SFFMA name and logo to endorse the Museum. The items listed in exhibit "A" accurately reflects SFFMA property housed at the Fire Museum of Texas in Beaumont Texas. Items have been determined to have been well taken care of and continue to be exhibited in the Museum as part of the historical collection. The SFFMA reserves the right to negotiate the relocation of any or all items in Exhibit A to be displayed at the SSFMA office in Austin. Any such decision will be agreed upon with regard and respect of standard historical accession and de -accessioning museum policies. IX. The Association agrees to promote the museum as the Official Fire Museum of Texas through social media, printed material, websites and direct mail at no charge to the museum as the opportunity presents itself at no charge to the museum. The Association agrees to promote member visitation and support the Museum by allowing the Museum to display material at the annual Association Conference without fees. X. The Museum will use the Association logo solely to advertise or promote the partnership of the Association and the endorsement as the Official Fire Museum of Texas. Neither party will benefit financially from the use of the logos. XI. The Museum agrees to perform general routine maintenance on the lighted sign in the parking lot owned by the Association. The Museum does not assume responsibility for the repair or removal of the sign should it receive damage due to weather or accident. XII. The Fire Museum of Texas and its collection are covered by the City of self insurance policy. The City has a self-insured trust fund from which it pays all liability claims. The City of Beaumont currently purchases insurance for real and personal property. All real and personal property are protected by all risk type coverage including flood. The City of Beaumont has a deductible of $100,000. XIII. The term of this contract shall commence the date of execution of this contract and expire thereafter on January 1, 2017. IN WITNESS HEREOF, the parties hereto have executed this contract in multiple copies, each of which shall be deemed to be an original, on this the day of , 20 THE CITY OF BEAUMONT By: Kyle Hayes, City Manager STATE FIREMEN'S AND FIRE MARSHALS' ASSOCIATION By: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES, City Manager of the City of Beaumont, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , A.D., 20 Notary Public in and for the State of Texas ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared of the State Firemen's and Fire Marshals' Association, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of A.D., 20 Notary Public in and for the State of Texas EXHIBIT "A" 1856 Howe Hand Drawn Tub Pumper display area - 15t floor 1850 Hose Reel display area - 1 st floor One Sign - Association logos sign in parking lot (originally two, one returned in 2010) Wheel Fire Extinguisher unit —Soda -Acid next to sign in parking lot Hose Reel Outside next to sign Wheel Fire Extinguisher unit - CO2 display area — (Has two cylinders) 1 st floor Wheel Fire Extinguisher unit - Dry display area - 15t floor Powder Foam proportioner — white - 1 st floor Red Podium State Room — Stored in attic above State Room Two Flag Poles - American & Texas display area — 2nd Floor attic over Stateroom SFFMA Past Presidents - Photos State Room Black & White Assorted Photos display areas & State Room (Note Henry Smith Collection went to TEEX) Reel to reel films (moved to storage bldg at training in 2010) Asbestos suit (Not found, must have been deaccessed from collection prior to 2007 and destroyed due to environmental issues) Mannequin Fire Safety Activity Center - 2.a floor This revised equipment list accurately reflects SFFMA property moved from Wichita Falls to the Fire Museum of Texas in the City of Beaumont and housed here since 1986. Both parties agree this list is a copy from the 1986 original agreement. Should the Fire Museum of Texas Association ever loose 501(c)(3)status or close its doors, the items on this list will be returned to the SFFMA or another designated 501(c)(3) approved by the SFFMA in accordance with IRS rules. Museum Curator's Notes: Donors wishes on historical items originally donated to be displayed in a museum setting should be treated delicately and with utmost respect if items are ever relocated or removed from the Fire Museum of Texas. Carol Gary Date Executive Director, Fire Museum of Texas Items Inspected October 2011 by David Wade on behalf of SFFMA David Wade Date RICH WITH OPPORTUNITY IIEA,UMON* T - E - X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager James P. Singletary, Chief of Police September 25, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary, specifically including a Licence Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall. BACKGROUND The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately seventeen (18) years. Attached is the proposed Agreement. FUNDING SOURCE The total fee is one dollar ($1.00). RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute all documents necessary to continue a License Agreement between the City of Beaumont and Parkdale Mall CMBS, LLC, by CBL &Associates Management, Inc., forthe Police Substation located at Parkdale Mall. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - Deal Type: Inline Unit H-848 Agmcmnt Tye: Renewal Revised: 12/31/2009 Project ID# 100451 Lease ID: THIS LICENSE is made this day of 2011, by and between PAR Q),&LE MATT. CMBS. J. ) CBL & Associates Management Inc., its managing agent,("Licensor') and Cily of &-mtmont , a (n) Government incorporated in the state of _(, having offices at 225 Collegc Biea .mon . TX 77701 Attn: Kyle HaXs. Phone: 409-880-3801. Fax: 409-880-3844. ("licensee"). It is understood and agreed that this Agreement is, and is intended to be a license, granting the Licensee permission to engage in certain acts upon the licensors premises, subject to the terms, conditions and limitations set forth herein. Licensor does not grant licensee any permanent interest in Licensor's premises, land, building or other malty whatsoever,, nor shall any other relationship between the parties, including, but not limited to that of landlord and tenant be implied or created by virtue of this Agreement. The License granted by this Agreement may not be sold, assigned, transferred, mortgaged, pledged or transferred by Licensee. In consideration of the agreements set forth herein the parties agree: 1. Liccnv Areo: Licensee's rights, duties and obligations under this Agreement shall be limited to the specific area containing approximately-$00_square feet of floor anew, as identified on Exhibit A, attached hereto and made a part hereof (License Area'), in Padrdale Mall _ Besnmont TX. (The "Shopping Center') located at 6155 Eastex Freeway, Suite 200 , Beaumont, TX 77706-6797 (Payment remittance address: PARKDAL..E MALI. ChW, LLC, P. O. Box 74942, Cleveland , OH 44194- 4942). Licensee shall have no right to use any other area of Licensor's premises, other than common areas open to the general public. 2. Duration: licensee's rights under this Agreement shall commence on the earlier of (a) 10/1/2012 or (b) the day licensee opens (the "Commencement Date'), and shall end on 9430/2013 (the "Expiration Date'), unless the License referenced in this Agreement is revoked earlier by licensor. Licensor shall not be liable to licensee in damages or otherwise for any delay in the Commencement Date, regardless of cause. "Licensor or Licensee may revoke this License Agreement at any time, with or without cause, and with sixty (60) days advance written notice. 3. Ruda; The license Area shall be occupied, and used by the licensee as approved by mall management solely for the purpose of use of premises ($pace H-Sd81 as a 2W&& &Rattment substation for stsi_ft change- import vAiting, pbo-M weds, etc. The pmmJws ahs no* be used as a JW and for no other purpose whatsoever. Licensee shall store and/or stock in the License Area only such merchandise as Licensee is permitted to offer for sale in the License Area pursuant to this license. Licensee shall not violate applicable federal, state, and local laws prohibiting the sale or display of products, which infringe on the trademarks or copyrights of others. 4. D/B/A:Ucensee shall occupy and use the license Area under the trade name of City of Beaumont which shall not be changed without Licesrsor's prior written consent. 5. Fees: Licensee shall pay Licensor, without notice, demand or setoff, at the property office or such other location as Licensor may specify, by certified check or money order on or before the start date of this agteemen` and on the first day of each month thereafter, Una Start Date End Date E= Total Fee (t) Minimum Fee(s): H-848 10/1/2012 10/1/2012 $1.00 $1.00 In addition to the Total Minimum Fee set forth above, Licensee shall pay to Licensor, the following fees in accordance with the schedule set forth below: Dear ' tion Lia Fne9uen Start Date EndDSte EXHIBIT "A" licensee deposits herewith the sum of $0.00 elue upm licensee e_nr�tion unlr.a otbe_rwise noted (Wot O as a dunage deposit which shall be applied towards fees and other charges due under this Agreement and as a surety for the pedommance by Licensee of the terms of this License under which Licensee may be in default or for any sum which Licensor may expend by reason of Lioensee's default in respect of any of the terms of this License including any damages which may result to the License Area. Within thirty (30) days after the expiration of the term of this License there shall be an accounting with payment to Licensor or reimbursement to Licensee, as the case may be, of the aforesaid sum. In the event this License is terminated, the damage deposit will be returned to Licensee after deducting any sums due licensor. 9. Relocation: Licensor reserves the sight to move, relocate, adjust or substitute the License Area, in Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as to be least disruptive to Licensee's business operations. 10. Revoeadon: The License granted by virtue of this Agreement may be revoked by Licensor, in Licensor's sole discretion for any reason, including, but not limited to the Specific Grounds for Revocation as set forth in Paragraph 14 hereof, upon not less than twenty-four (24) hours notice to Licensee. licensee shall not be entided to reimbursement or compensation for any purported damages or losses sustained as the result of any such revocation by Licensor, 13. Liability of licensor. Licensor shall not be responsible or liable for, and Licensee hereby expressly waives, an claims against Licensor for injury to persons or damage to Licensee's property on the License Area, regardless of the cause. Licensee's property in the License Area or the Shopping Center shall be there at Licensee's sole risk. Licensor, its agents, and employees shall not be liable for, and Licensee waives, all claims for loss or damage to Licensee's business or damage to person or property sustained by Licenser or any person claiming by, through or under.Licerme resulting from any accident or occurrence in, on, or about the license Area or any other part of the Shopping Center, including, without limitation, claims for loss, theft, or damage resulting from rn equipment or appurtenances becoming out of repair, (H) injury done or occasioned by wind or weather, (tit) any defect in or failure to operate, for whatever reason, any sprinkler, heating, or air-conditioning equipment, electric wiring or the installation thereof; gas, water, or steam pipes, stairs, porches, railings, or walks; (rv) broken glass; (v) the backing up of any sewer pipe or downspout; (vi) the bursting, leaking, or running of any tank, tub, washstand, water closet, waste pipe, drain, or other pipe; (vii) the escape of steam or water, (viii) water, snow, or ice being upon or coming through the roof, skylight, trap door, stairs, doorways, windows, walks, or any other place upon or near the Shopping Center, (ix) the falling of any fixture, plaster, tile, stucco, or other material; (x) any act, omission, or negligence of other licensees or any other persons or occupants of the Shopping Center or of adjoining or contiguous buildings, of owners of adjacent or contiguous property, or the public, or by operations in the construction of any private, public, or quasi -public work; or (xr) any other cause of any nature. To the maximum extent permitted by law, licensee agrees to use and occupy the License Area, and to use such other portions of the Shopping Center as Licensee is herein given the right to use, at Licensee's own ask. 14. Specific Grounds for Revocation: If, (a) Licensee fails to perform any of the terns, conditions, or covenants of this License; or (b) in the event there shall be filed by, or against, Licensee in any court pursuant to any statute, either of the United States or any State, a petition (i) in bankruptcy, (H) alleging insolvency, (iii) reorganization, (tv) appointment of a receiver, (v) any arrangement of the bankruptcy acts, or a similar type of proceeding; or, (c) Licensee fails to pay, when due, any payment required hereunder, or (d) Licensee abandons or vacates the License Area; or (e) in the event of any other default by Licensee; then in any such event Licensee's rights hereunder shall cease and, Licensor may at its option (1) have the right to immediately revoke and terminate this License, and upon demand licensee agrees to immediately surrender possession of the License Area to the Licensor, (2) make demand for immediate payment of all current and future rent and any other monetary obligations due hereunder; (3) re- enter the License Area and remove all persons and/or any property therefrom, by any suitable action or proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If Licensor, at its sok discretion, determines it is necessary to engage attorneys to enforce Licensor's rights hereunder, Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect to any litigation arising out of this License Agreement, Licensee hereby expressly waives the right to a trial by jury and the right to W noncompulsory countersuit or crossclaim against Licensor. 15. Upon service of the notice required by above Paragraph 10, Licensee shall: (a) remove all of Licensee's property, including, but not limited to inventory and trade fixtures from Licensoes premises within the time period set forth in the notice; (b) upon demand of licensor, pay all current and future charges due under this Agreement (c) reimburse licensor for all reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this Agreement. Licensor's rights and remedies under this Agreement are cumulative and Licensoes failure to assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same. 16. DAMAgL This License shall be revoked automatically if any portion of the license Area is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against licensor as a result of damage due to fire or any other peril. 17. LiabliiiJa There shall be no personal liability of Licensor with respect to this License. If a breach by licensor occurs, licensee shall look solely to the equity of licensor in the Shopping Center for the satisfaction of Licensee's remedies. 18. Provisions: licensor is or may be a party to certain documents, as amended from time to time, with a mortgagee or beneficiary of Licensor, department stores, mall tenants, and others. This License is subject and subordinate to all the provisions in those documents, as amended from time to time. 19. Terms ofAAorr mernt This License contains all the covenants, promises, agreements, conditions, and understandings between licensor and Licensee. There are no other, either oral or written, between them other than those set forth in this license. 20, on rqt niration: Upon the Expiration Date of this Agreement, licensee shall immediately remove all of Licensees property, including, but not limited to inventory and trade fixtures from Licensor's premises and otherwise return the License Area to the same condition as it existed at the Commencement Date hereof. If Licensee shall fail to do so, Licensor shall be entitled to additional fees equivalent to one hundred twenty-five percent (MI/6) of the total Minimum Fee specified in Paragraph 5 hereof, assessed in daily increments as one -thirtieth (1/30) of the total monthly amount. Licensee shall also reimburse licensor for any court costs and reasonable attorney fees incurred as the result of Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof. 21. Liability of licensor, The term "Licensor" means only the owner or mortgagee in possession for the time being of the building in which the license Area is located or the owner of a leasehold interest in said building acrd/or the land thereunder so that in the event of sale of said budding and/or an assignment of this License by Licensor, and/or a demise of said building and/or the land, licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all obligations of licensor hereunder. It is specifically understood and agreed that there shall be no personal liability of Licensor (nor licensor's agent, if any) in respect to any of the covenants, conditions, or provisions of this Agreement; in the event of a breach or default by Licensor of any of its obligations hereunder, Licensee shall look solely to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies. In addition hereto, it is specifically understood and agreed that licensor's rights, privileges, duties, and obligations may be administered by licensor's designee, including, but not limited to, licensor's agent, and that such designee shall have the full authority of Licensor hereunder to perform all of Ucensor's functions hereunder including, but not limited to, the execution of this License and any other related documentation. 22. Nen-Waiver Provision: The failure of Licensor to insist upon performance of any of the terms, conditions, and covenants hereof shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained. 23. IffiNiliing &gmc vmL This Agreement may not be modified in any manner other than by a written agreement signed by licensee and licensor, or any successor, designee, or assignee of Licensor. The terms, conditions and covenants set forth herein shall inure to the benefit of and be binding upon Licensee and Licensor, or any successor, designee or assignee of Licensor. 24. Design Rtquimmac= All costs and expenses (including permits or licenses) attributable to the construction of the License Area by Licensee shall be home by Licensee, Licensee shall not commence construction of the License Area without first obtaining licensor's approval of the location and design, nor prior to the execution of this License. Design criteria for the construction of the License Area are: L The kiosk/pushcart structure shall be limited to counter units with no overhead obstructions that inhibit the visibility of tenants, licensees or other occupants in the Shopping Center. Counter units shall not exceed 48" in height. b. The kiosk/pushcart structure, if located in an open floor area, shall not be anchored into the floor or other part of the Shopping Center structure. An area width of no less than twelve feet (=' minimum shall be maintained on all sides of the kiosk/pushcart subject to traffic flow. C. Water service and special HVAC Systems are not available. Heating, venting, and Fire Protection Systems shall be that which is provided to common areas in the Shopping Center. d. Design criteria for all signs to be utilized at the license Area, kiosk/pushcart size, construction, finish materials, and special equipment shall be evaluated specifically for each individual licensee. Licensee shall submit plans for Licensor's review and approval prior to construction and shall include pictures of any existing units of Licensee's. e. Licensee shall prepare its plans and perform all work to comply with all applicable governing statutes, ordinances, regulations, codes, and insurance rating boards, and shall apply for all necessary permits. licensor's approval of Licensee's plans shall not relieve licensee of its obligation to complete the development in accordance with this License, nor does it relieve Licensee from complying with laws, rules, regulations, and requirements of local governing authorities. Certificates of occupancy and waivers of lien from Licensee's contractor, all subcontractors and material men shall be filed with Licensor upon completion of work. f. Set up and tear down of kiosks/pushcarts shall take place when the Shopping Center is not open for business, unless Licensor has agreed otherwise in writing. For in-line space, set up may take place during mall hours, as long as it does not interfere in any manner, including noise or dust, with mall business and the comfort of the patrons. A black drape or equivalent, provided by licensee, must be covering the entire storefront, as to keep the interior design concealed until ready for business. 25. Perrnits:If there are any licenses, authorizations, or permits required by any governmental agency or authority for the type of activity to be carried on at or for the use of the License Area, Licensee shall be responsible for obtaining such. No unlawful activities shall be permitted in the use of the License Area. The consumption or sale of alcoholic beverages on or from the License Area shall not be permitted. 26. VisualMerehandisi= Licensee shall comply with the visual merchandising standards of Licensor. Licensee understands and agrees to implement visual merchandising recommendations of Licensor and change visual merchandising presentation as requested by Licensor. 27. •Licensee shall observe A Operating Rules for the Shopping Center and Licensee's occupancy therein which Licensor may promulgate from time to time, including but not limited to: a. Licensee shall use and occupy the license Area in a careful, safe and proper manner and shall keep the License Area in a clean and safe condition in accordance with this license, local ordinances, and the directions of public officers. b. All signage located in and upon the License Area shall be approved by Licensor prior to installation or placement All signs, placards, banners, pennants, or other advertising matter shall be prepared in a professional manner and in no event shall be handwritten. Licensee shall display an approved sign depicting its approved trade name. Sign Criteria: Signs are to be fumished and installed by Licensee and approved by an agent for Licensor. Licensee's sign contractor or architect must submit it black and white rendering (specifying PMS colors) of Licensee's sign prior to approval. Licensee's sign shall be located within the limits of Licensee's storefront and shall not project more than B" beyond the storefront if the Shopping Center is an enclosed mall, and not more than 12" beyond the storefront if the Shopping Center is a strip center. Sign Size: Mans: Up to 30' storefront: Capitals 18" Lower Case 12" 30'-1" and greater. Capitals 24" Lower Case 18" Strip Centers: Up to 30' storefront. Capitals 24" Lower Case 18" 30-1" and greater. Capitals 30" Lower Case 24" The length of Licensee's sign shall be limited to 70% of Licensee's storefront. C. Licensee shall not display merchandise on or outside the boundaries of the kiosk/pushcart structure. The outside areas immediately adjoining the license Area shall be kept dear at all times by Licensee, and Licensee shall not place nor permit any obstructions, garbage, refuse, merchandise, or displays, or racks, in such areas. d. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances designated for that purpose by Licensor. C. All garbage and refuse shall be kept in the kind of container specified by Licensor, and shall be placed and prepared for collection in the manner and at the times and places specified by Licensor. If Licensor shall provide or designate a service for picking up refuse and garbage, Licensee shall use same at Licensee's cost. Licensee shall pay the cost of removal of any of Licensee's refuse and garbage, and maintain all common loading areas in a clean manner satisfactory to the Licensor. Licensee shall use any trash compactor Licensor provides for the general use of licensee or licensees in a designated area of the Shopping Center. Notwithstanding the foregoing provision, if Licensee qualifies as a generator of medical waste, then Licensee shall be solely responsible for causing compliance with all federal, state and local laws, whether existing now or established in the future, relating in any way to the storage, containment, treatment, transfer, transportation and disposal of medical waste (including the use of licensed medical waste management companies), and shall hold licensor harmless for licensee's noncompliance or violations thereof. For purposes hereof, "medical waste" means any solid, semisolid or liquid waste, which is generated in the diagnosis, treatment (e.g., provisions of medical services) or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. "Generator" means any person or entity whose act or process produces medical waste as hereinbefore defined. f No loudspeakers, televisions, phonographs, cd players, DVD players, cassette players, radios, flashing lights, or other devices shall be used in a manner so as to be heard or seen outside of the License Area. No electronic or communication devices shall be used in the License Area or in connection therewith which interrupt or interfere with the use and enjoyment of electronic or communication devices of other occupants of the Shopping Center or of the neighborhood in which the Shopping Center is located. g. Licensee shall not conduct or permit any fire, bankruptcy, relocation, liquidation, retirement, moving, auction, or "going out of business" sale (whether real or fictitious) in the license Area, or utilize any unethical method of business operation. Licensee shall not use the License Area as a clearance, outlet or wholesale center. h. Licensee shall not carry on any trade or occupation or operate any instrument or equipment, which emits an odor or causes a noise discernible outside of the License Area. I. Licensee shall not distribute any handbills or other advertising matter in the Shopping Center or .on automobiles parked in the parking areas of the Shopping Center. j. Licensee and Licensee's employees shall not park their can in those portions of the parking area designated for customer puking by licensor. If Licensee or licensee's employees' parr in portions of the parking area designated for customer parking, Licensor may, in addition to its other remedies, have such cars removed at Licensee's expense. k. Licensee and Licensee's employees shall maintain a neat and appropriate appearance and dress, and are expected to operate in a dignified, ethical, manner. 1. Licensee shall display its customer sales return policy. in. Licensee shall not permit loitering at the license Area. n. licensee shall furnish Licensor with emergency telephone numbers and a forwarding address. o. Due to the lack of on-site storage facilities, acquisition of outside storage shall be Licensee's responsibility. P. Licensee shall be solely responsible for policing its location against theft, loss, or damage to its kiosk/pushcart and/or merchandise. Under no circumstance shall Licensor be held liable for such theft, loss, or damage. 28. Conduct: licensee shall at all times during its occupancy of the license Area provide sufficient supervision and maintain adequate control of its employees, guests, and invitees. 29. Removal; Licensee shall at the Expiration Date or earlier revocation of this License remove its goods and effects, repair any damage caused by such removal, and peaceably yield up the License Area clean and in good order, repair, and condition. Personal property of Licensee not removed within two (2) days of such Expiration Date or eadier revocation shall become the property of Licensor, at Licensor's option without liability to licensee therefore. 30. Conduct andAheratlona: Licensee shall not harm the License Area, commit waste, create nuisance, make any use of the license Area which is offensive in Licensor's sole opinion, nor do any act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or additions to the license Area, not permit the making of holes in the walls, partitions, tidings, or floors, nor permit the painting or placing of exterior signs, placards, or other advertising media, banners, pennants, awnings, aerials, antennas, or the like in or on the License Area, without the prior written consent of Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws, ordinances, orders, and regulations affecting the use or occupancy of the License Area. Licensee shall not violate applicable federal and state laws prohibiting the sale or display of products, which infringe on the trademarks or copyrights of others. 31. Condition of License Area: Licensee has inspected the license Arcs, and accepts it "as is" with no representation or warranty by Licensor regarding the condition of the license Area or its suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the License Area unless the obligation is set forth in this license. 32. Hours of Operation: The License Area shall remain open for business at all times designated by Licensor. Licensee shall operate in the entire License Area continuously and uninterruptedly while this License is in effect, and in a first class manner. 33. Licensee shall not cause or permit any hazardous material to be brought upon, stored, kept, used, or discharged on or about the License Area 34. Access to License Area Licensor may enter the License Area at any time. 35. Condition of license Area: Licensee shall maintain, at its sole cost and expense, the license Area in good condition and make all necessary replacements and repairs to the License Area except for structural repairs. In addition to all other remedies of Licensor, if Licensee does not complete its obligations to repair and maintain the License Area, or if Licensor, in the exercise of its sole discretion, determines that emergency repairs are necessary, or repairs or replacement of any portion of the License Area or the Shopping Center are made necessary by any act, omission, or negligence of Licensee or its agents, employees, contractors, or assignees, then in any such event, Licensor may make such repairs, maintenance, or replacements without liability to Licensee for any loss or damage that may accrue to Licensee, its merchandise, fixtures, or other property, or to L.icenme's business by reason of such repair, maintenance, or replacement. Upon completion of any such repair, maintenance, or replacement Licensee shall pay upon demand, as additional fees, L.icensor's costs for making such repairs, maintenance, or replacements together with L icensor's administrative costs related thereto which amount shall equal 1.5 times the total cost of the repair, maintenance, or replacement Furthermore, Licensee shall immediately notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent to the License Area. 37. rjWrohibited Transaction Haggsentation: Licensee hereby represents and warrants to Licensor that Licensee is not, and shall not become, a person or entity with whom Licensor is restricted from doing business with under regulations of the Office of Foreign Asset Control { OFAC') of the Department of the Treasury (including, but not limited to, those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. IN WITNESS VVFIEREOF, the parties have executed this Agreement on the day and year first above written, each acknowledging receipt of an executed copy hereof. LICENSOR PARKDALE MALL CMB$, LLC by LDL & Associates Man2gcment. Inc„ mina . Affat LICENSEE: .City of Beaumont 74-W000278 RICH WITH OPPORTUNITY Bliu EA, UMU T • _ • Z • A • 6 TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager James Singletary, Chief of Police September 25, 2012 J REQUESTED ACTION: Council consider a resolution approving a memorandum of understanding between the Beaumont Police Department and the United States Department of Justice, Drug Enforcement Administration (DEA). BACKGROUND The Police Department and the DEA have entered into a Memorandum of Understanding for several years. This MOU assigns a Police Department Narcotics Investigator to the local Beaumont Residential Office of the Drug Enforcement Administration to serve as a Task Force Officer. The Task Force Officer acts as a liaison to coordinate resources and efforts between local law enforcement agencies and the DEA. The Task Force Officer is responsible for initiating and conducting complex narcotic related investigations, along with follow-up investigations of drug related arrests made by Beaumont patrol officers and detectives. The Task Force Officer prepares and presents cases to the United States Attorney's Office for prosecution. The Task Force Officer is also responsible for the seizure of property and currency which benefits the City of Beaumont. 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 is hereby authorized to execute a Provisional State and Local Task Force Agreement with the United States Department of Justice, Drug Enforcement Administration (DEA) for the assignment of a City of Beaumont Police Department Narcotics Investigator to the local Beaumont Residential Office of the Drug Enforcement Administration to serve as a Task Force Officer. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - PROVISIONAL STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1 sc day of October, 2012 between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Beaumont Police Department (hereinafter "BPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C.§ 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Southeast Texas area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of, the parties hereto agree to the following: The Beaumont Provisional Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the area by immobilizing targeted violators and trafficking organizations. b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of Texas. 2. To accomplish the objectives of the Beaumont Provisional Task Force, the BPD agrees to detail one (1) experienced officer to the Beaumont Provisional Task Force for a period of not less than two years. During this period of assignment, the BPD officer will be under the direct supervision and control of DEA supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The BPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The BPD officer assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. To accomplish the objective of the Beaumont Provisional Task Force, DEA will assign three (3) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and officers assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. EXHIBIT "A" 6. The BPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 7. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2013. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by BPD during the term of this agreement. For the Drug Enforcement Administration: Date: Javier F. Pena Special Agent in Charge For the City of Beaumont Date: Mr. Kyle Hayes City Manager K RICK WITH OPPORTUNITY BEAUM�ON* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart,' Public Works Director MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Caliber Solutions for the placement of fiber optic cable in the public right-of-way. BACKGROUND Caliber Solutions would like to install 60 linear feet of fiber optic cable in the public right-of-way on Lafin Road. Caliber Solutions will pay the City of Beaumont an application fee of $500, an inspection fee of $500, and annually pay $1.75 per linear foot. FUNDING SOURCE None. 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 execute an agreement with Caliber Solutions, of Beaumont, Texas, for the placement of 60 linear feet of fiber optic cable in the public right-of-way on Lafin Road for an initial application fee of $500, an inspection fee of $500 and an annual fee of $1.75 per linear foot. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON WHEREAS, Caliber Solutions desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of Beaumont that Caliber Solutions must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with Caliber Solutions; and, NOW, THEREFOR; The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with Caliber Solutions that Caliber Solutions may lay, maintain, operate, replace or remove a fiber optic communication system (the "system") for the transportation of communications in, on, under or across the streets, alleyways and easements set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out herein and subject to the following conditions: (a) The system shall be installed in such a manner as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Caliber Solutions or Caliber Solutions contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. EXHIBIT "A" (b) The system shall be buried at a depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas Department of Transportation, if applicable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent drainage ditch, when crossing or placed in said ditch. Caliber Solutions will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Ten Dollars ($10) plus Five Dollars ($5) for each day of construction. (c) The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, water lines, or other facilities. (d) The system shall be installed in such a manner as to provide a twelve (12) inch vertical clearance and a thirty-six (36) inch horizontal clearance with existing water or sanitary sewer lines. All excavations within the right-of-way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right-of-way. (f) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and Caliber Solutions shall promptly restore to as good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (g) The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (h) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of the system. (i) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right-of-way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation 2 on property which is not owned by the City of Beaumont. (j) Barricades, warning signs, lights, and flagmen will be provided and installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition) by Caliber Solutions contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. Caliber Solutions or its contractor will provide supervision of the work which is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Caliber Solutions or its contractor of additional barricades, warning signs and lights or flagmen as be necessary. In the event Caliber Solutions or its contractor does not comply with the barricading standards, the City Engineer may order Caliber Solutions and its contractor to stop work; but only until compliance is achieved. (k) City reserves the right to lay and to permit to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Caliber Solutions for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Caliber Solutions rights to recover damages against any contractor or third party who may be responsible for damages to Caliber Solutions facilities. (1) If the City requires Caliber Solutions to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City, Caliber Solutions shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional charge to Caliber Solutions. If these requirements impose a financial hardship on Caliber Solutions, Caliber Solutions shall have the right to present alternative proposals for the City's consideration. If the City requires Caliber Solutions to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right-of-way, Caliber Solutions shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse Caliber Solutions for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of Caliber Solutions facilities; provided, however, the City shall never be liable for such 3 reimbursements. (m) Caliber Solutions shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Caliber Solutions, except to the extent arising from the sole negligence, or wanton conduct or gross negligence of the City of Beaumont, its employees or agents. Neither party shall be liable to the other for any consequential, special, or indirect damage hereunder. (n) If the system or any part thereof installed by Caliber Solutions shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Caliber Solutions shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage is occasioned by the City or such public agencies wanton conduct or gross negligence. However, nothing contained in this paragraph shall prevent Caliber Solutions from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (o) Recovery by Caliber Solutions for damages that occur to Caliber Solutions facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by Caliber Solutions. (p) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such maintenance and operation shall be at Caliber Solutions expense. Such damages shall be limited to actual damages and no loss of revenue damages. (q) Caliber Solutions contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has in force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten (10) days written advance notice to the City. E (r) Caliber Solutions shall make payment to the City of Beaumont as follows: • initial agreement fee of $500, payable upon execution of this agreement; • annual fee of $1.75 per linear foot in the City right-of-way which sums shall be upon execution of agreement and each year thereafter. Said parties shall confer and negotiate in good faith on a new rate on or before January 1, 2014, to become effective January 1, 2015, and shall confer and negotiate on a new rate in the 2020 and every ten (10) years thereafter. • inspection, engineering and other costs during the period of initial construction in the amount of $500.00, payable upon receipt of invoice. (s) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Caliber Solutions (except as provided in Paragraph k) shall be reimbursed to the City by Caliber Solutions upon written request therefore, which shall include evidence of such costs. (t) Caliber Solutions agrees that it shall mark the location of its system within forty-eight (48) hours after receipt of notification of proposed construction. Caliber Solutions maintains a toll-free telephone number to be called for location of the system. Should Caliber Solutions fail to locate the system for the City within forty-eight (48) hours of request duly acknowledged, Caliber Solutions shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice, Caliber Solutions audio tape of telephone messages shall provide proof of notification, which tapes will be made available upon request. Alternatively, notice may be shown by delivery of a certified letter to Caliber Solutions. (u) Caliber Solutions, at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided to the City within sixty (60) days after completion of the project. (v) This agreement may not be assigned by Caliber Solutions to any other company or legal entity without the prior written approval by the City of Beaumont's Public Works Direct or, except that Caliber Solutions may assign its rights and obligations under this agreement to Caliber Solution's parent, subsidiary, affiliate or successor entity without such consent, so long as the parent, subsidiary, affiliate or successor (1) assumes all obligations of Caliber Solutions under this agreement; and (2) is bound to the same extent as 5 Caliber Solutions, and (3) the City is notified of the assignment within sixty (60) days and is furnished a written document within which the assignee assumes all obligations under this license. (w) Should any other company or legal entity, other than Caliber Solutions or Caliber Solution's parent, subsidiary, affiliate or successor as authorized in section (v), use the system installed under this agreement under the rights granted herein without notification of the City of Beaumont's Public Works Director, such use shall be a violation of this agreement and Caliber Solutions will cease all use of the system and the City may take steps necessary to enforce a cancellation of this agreement, including removal of some portion or all of the system upon thirty (30) days written notice to Caliber Solutions. The City shall give Caliber Solutions written notice of any violation of this agreement. If Caliber Solutions fails to correct such violation within sixty (60) days of such notice, this agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Caliber Solutions Public Works Department PO Box 3827 Beaumont, Texas 77704 (409) 880-3725 NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW: The above -stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by Caliber Solutions after the date of this agreement shall be construed as evidence of Caliber Solutions 2 acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , 2012. ATTEST: City Clerk ATTEST: Fiber Optic Installation Total Linear Feet THE CITY OF BEAUMONT By: Kyle Hayes, City Manager By: Title: EXHIBIT "A" (Company) VA I RICH WITH OPPORTUNITY 11EA-i[IMON T- E- X- A- S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Lillie Babino, Human Resources Director September 25, 2012 REQUESTED ACTION: Council consider a resolution appointing Wilmington Trust Retirement and Institutional Services Company (WTRISC) as a passive -directed trustee of the Trust established in connection with the City's 457 Deferred Compensation Plan and VantageCare Retirement Health Savings Plan. BACKGROUND The City of Beaumont previously established a 457 deferred compensation plan in February, 1981 and a retiree health savings plan (VantageCare Retirement Health Savings Plan) in July, 2004 for the benefit of its eligible employees. VantageTrust Company, a wholly owned subsidiary of ICMA Retirement Corporation (ICMA-RC), served as the trustee of the Trust through a service agreement entered into with ICMA-RC Services, LLC and its affiliates (ICMA-RC). Through this agreement ICMA-RC provided services to the Trust on behalf of VantageTrust Company. The service agreement between VantageTrust Company and ICMA-RC has ended. Wilmington Trust Retirement and Institutional Services Company has been appointed as successor trustee of the Trust. This transfer of services to Wilmington Trust will be seamless. No fees are associated with this transition. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Wilmington Trust Retirement and Institutional Services Company (WTRISC) be and is hereby appointed Passive -Directed Trustee of the Trust established in connection with the City's 457 Deferred Compensation Plan and Vantagecare Retirement Health Savings Plan. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - RICO WITS OPPORTUNITY BEAUMON* T* F* X* A* 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-5, 9-12/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance adopting the FY 2013 Budget 2. Consider a resolution adopting the 2013 Capital Program 3. Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2013 Budget 4. Consider an ordinance accepting the tax roll and establishing the property tax rate for the tax year 2012 (FY 2013) 5. Consider an ordinance amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2012 6. Consider an ordinance approving a zone change from RCR (Residential Conservation and Revitalization) District to NC (Neighborhood Commercial) District and a specific use permit to allow a sno-cone stand in an NC (Neighborhood Commercial) District at the northeast corner of Franklin and Avenue A 7. Consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 8375 Homer 8. Consider an ordinance approving amendments to the Zoning Ordinance, Sec. 28.03.023 (e), Sec. 28.04.008(28), Sec. 28.04.008(29), Sec. 28.01.004(b) and Sec. 28.03.020(b) and to the Subdivision and Site Development Regulations, Sec. 26.03.004 and Sec. 26.04.002 9. Consider an ordinance approving the abandonment of the alley behind Lot 1, Tract 1, Block 9, Fuller and Keith Addition 10. Consider a resolution authorizing the City Manager to execute a Performance Contract with Johnson Controls, Inc. for installing water meter infrastructure and a leak detection system 11. Consider a resolution approving a six month contract for the purchase of asphaltic concrete for use by the Streets and Drainage Division 12. Consider a resolution awarding a bid for replacing windows in the Fire Department Administration building 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. 1 September 25, 2012 Consider an ordinance adopting the FY 2013 Budget RICH WITH OPPORTUNITY BEAUMONTPk T • g • a • A & s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider an ordinance adopting the FY 2013 Budget. BACKGROUND Article V1, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." The FY 2013 Budget was submitted to Council on August 14, 2012, and reviewed during a work session on August 28, 2012. A public hearing was held on August 28, 2012, which met the requirements of the Charter and state law. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2012, and ending September 30, 2013; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit "A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted, ratified and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2012, and ending the 30th day of September, 2013, and the several amounts stated in Exhibit "A" as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 3. That the sums indicated are appropriated from the following schedule of funds: a. General $110,740,700 (includes $1.5 million contingency) b. Debt Service $13,950,300 C. Water Utilities $46,203,200 d. Water Revenue Bond Reserve Fund -0- e. Solid Waste Management $9,464,700 f. Hotel Occupancy Tax $2,508,900 g. Municipal Airport $425,100 h. Henry Homberg Golf Course $562,200 i. Municipal Transit $5,105,000 j. Other Special Revenue $2,207,571 k. Capital Reserve $3,698,900 I. Fleet Management $8,139,700 M. Employee Benefits $18,857,500 n. General Liability $1,046,100 Section 4. That the City Manager is hereby authorized to transfer budgeted funds from one line item to another line item provided the transaction is not an inter -fund transfer. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 6. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - REVENUES Saes and use tow Property tuxes Industrial payments Gross rete pts taxes Utility fund in ineu Charges for services Fines and liorteits Liceness and penrnits Other Transfers in TOTAL REVENUES EXPENDITURES Poke F'me Public Works Public Hearth intcrrrn�ion Teohrrdow Event Fades and Libraries Parks and Rerxmain n Finance Conwnu pity Development Executive Office Hunan Resources City A1fiorney City Clerk TOTAL EXPENDITURES OTHER USES Transfers out TOTAL APPROPRIATIONS EXCESS (DEFICIT) REVENUES OVER APPROPRIATIONS BEGINNING FUND BALANCE Reserved for con*Wncy Unreserved ENDING FUND BALANCE GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES Armor Flt 2"1 $ 34,610,9477 30,ZM8,168 13,220777 8,711,349 8,836,000 4,430371 1.980.769 1,981,700 z186,629 645,700 106.718.400 30,681,304 2ZOM623 18,116,200 7,444.270 4,796,124 4.226,141 4,250286 3.48'2.383 1,880148 1,618,368 860,817 826,551 339,409 101,286,,604 4.92.5,000 106,161,604 566.796 27,924,509 1,600.000 26.981.305 $ 26,481.306 FY 2612 (As Amu dal) $ 34.298.000 30614,000 13,886.900 8.515,000 8,875.000 4.060800 1,826,500 1,W10D 2057,100 50 .wo 105,972.400 31,624,100 23.968,900 18,385,800 7,083.400 5,427,80D 4,609.400 4,411,10D 3,561.400 2754,500 1,832300 911.600 maw 266.10)0 105,670.100 z4%OOD 108,120,200 (2.197,800) 27,036.684 1,500.000 23.337.864 $ 24.837.864 35.03&ODD 31,050000 13,433.000 8,s9 WD 8,875,000 4,729.400 1,585.000 1,914,600 2752,400 wnaow 108.248,400 32217,40D 23,794,400 18,616,300 7,071,900 5,170,200 4,310800 4,21OS00 3,S0z100 2787,900 1,791,100 9038,100 855.21M 244%30D 105.754,3DD zewow 106,404.300 (1`.�6,90D) 28,481,305 1,500.000 26.825,405 28.325,405 $ 35,434,000 31,516,000 13,687,300 8,260000 9,7KWD 4,584,400 1.585,000 1,698,100 2115,500 500,OOD 109,160.300 3z328,30D 24,525,500 18,657,900 7,231,300 5,744,500 4,702600 4,512100 3,676,800 2946.700 1,833,70D 1,006,200 924,100 374.000 108,486,700 2275,000 110740.700 (1,580.40D) 28,325,405 1,50O00D 25,245,005 $ 26.745.005 DEBT SERVICE FUND STATEMENT OF REVENUES AND EItPENDITURES ACOW FY 2011 &AW FY 2M2 ES m" FY 2112 FY 2113 REVENUES Property I goo $ 13,836,407 $ 12.281,000 $ 12,381.700 $ IZ42AOW Othw 20,132,099 310,900 2116,5DD 31ZOOD Trarmfwa in 994,500 617,200 817,200 707,000 TOTAL REVENUES 34,562,976 13,208,70D 13,284,400 13,448,000 EXPENDITURES Prircipel and b itueet 12 OMS41 13,051,60? 13,052,800 13,936,310 service chargee 8,607 12,000 5,000 1D,ODO Ottw operea soleness 19,742,396 9,000 4,OOD 4,000 TOTAL EXPENDITURES 32,577,514 13,099,800 13,061,800 13,950,300 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES 1,986,462 139,10) 222,800 (WZ300) BEGINNING FUND BALANCE 2,211,164 3,771,163 4,196.626 4,419.426 ENDING FUND BALANCE i 4,199.626 i 3.910,288 $ 4,419,425 $ 3,817,128 Tr REVENUESATM STATEMENT OF EXPENDITURES '� FY 2812 Esdamolai BodW FY 28N AAs AnsardeG FY 2812 FY 2613 REVENUES 3,931,100 Operating mcpardhras 1,640,043 Watar sales $ 32,642,129 s 32.842,300 t 33,105,400 $ 34,900,400 Sewer dw7,458,595 7,738.000 7,758000 8,140,200 Other 1,896,018 1,511,800 1,642,200 1,538,700 TOTAL REVENUES 41,9994742 42.092.100 4Z~497,60D 44,577,300 EXPENDITURES Wages 7,306,238 7.406,70D 7,689;400 7,725,500 Beraft 3,866;188 3,782,100 3,867,500 3,931,100 Operating mcpardhras 1,640,043 1,427.00D 1.®93,900 1.688,000 Repair and mi dwomres 3,980.008 4.679,600 4,640000 4,520;300 Utilities 1,894,512 2,039,900 1,782,200 1,883,700 Contract servioas 1,726,458 1,481,400 Z,120,60D 1.744.400 Egi rrwrt pos haaas 5,443 14.000 18.500 19,000 Capital exparwWwas 1,772,794 1.312.500 1,602,800 1,827,000 Debt service 12,452,198 12,502.000 12,488,000 14,081,800 Payment in isu of tomme 6,730,000 7,000.000 7,000,000 7,900000 Tn wwfsm to oti ar Tads 1,MM7 1.514.000 1,109,000 904,600 TOTAL EXPENDITURES 43,057,903 43,139.20D 44,028.700 46,209,200 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES (1,068,161) (1,047,100) (1.5?9;100) (1,625,900) BEGINNING FUND BALANCE 9,700,290 7,417,890 8,642,129 7,113,029 Unreserved 8,842.129 6.370.790 7,113.029 5,467,129 ENDING FUND BALANCE s 8.642,129 Z 6,37Q790 $ 7,113s029 $ 5487129 REVENUES Other Trensfere in TOTAL REVENUES BEGINNING FUND BALANCE Unreserved ENDING FUND BALANCE WATER REVUE BOND RESERVE FUND STATEMENT OF REVENUES AND EXPENDITURES Aclwl FY 2011 Boded FY 2M2 E41110003d FY 2M2 Boded FY 2613 $ 817 $ - $ 2,400 $ 2,700 380.000 3WOOD 38%OOD 38%000 38%817 38%000 382,400 382,700 - 380,000 3MS17 723,217 360,817 720,000 723,217 1,086.947 S 38%817 $ 721X000 $ 723,217 $ 1 086 917 REVENUES Resider i oollsclons Landil fees Ottwr TOTAL REVENUES EXPENDITURES Wapee Bensflts Opel go expwx i xm Repair and rrrairrhrrr�ce Equip nwd ptrd ases C"" elpenclibires Debt service Payment in feu of tames Transhm b oUrer funds TOTAL EXPENDITURES EXCESS (DEFICIT) REVENUES OVER EXPEf4DITURES BEGINNING FUND BALANCE Unreserved ENDING FUND BALANCE SOLID WASTE FUND STATEMENT OF REVENUES AND EXPENDITURES Aamrd FYMI $ 5,947,295 z9M,486 103,157 9,019,908 2054,313 1,195,490 849,973 1,776,586 27,848 158,168 9.240.254 (22%318) 3,153.210 2932,894 s 2932894 FY M2 $ 5,95%444 3,00%000 11,500 8,961,50D 2271,900 1,2'18,200 992.700 z288,400 23,500 229,000 91,700 435,100 1,775,004 210,000 9,575,500 (614,x) 270%009 zx86,009 s zoe6..o06 Estiaredd ended FY X12 FY M3 $ sa%6D0 2566,200 11,800 8,907,800 z11%goo 1,271,900 995.2x0 1,689,400 2z10D 19%000 230,600 435,100 1,775,000 210,000 8,900,2x4 2902,894 2610.294 s 2610,294 t 6,40%000 z500.00o 13.200 8,913,200 2184,100 1,270,900 1,021,800 1,895.900 21,000 213,700 563,000 314,500 1,780.000 MAW 9.464.700 (561.500) 2610,294 2058.794 $ 205@,794 HOTEL OCCUPANCY TAX FUND EXPENDITURES STATEMENT OF REVELS ANDBudget Asked Flt 2012 IF -, I Budget FY 2011 (As AWAN104 FY 2012 FY 2913 REVENUES Gross roc*ft Laos S 2,365,733 S 2.300.000 $ 2,450;000 i 2.375,000 Other 16,111 m40Q 25,800 15,900 TOTAL REVENUES 2,371,844 2,313.400 2,475.800 2,390,900 EXPENDITURES Conrerdm and Vh mm Blsesu 1,672,081 1,418,500 1,4066300 1,479,900 Des*wlsd propwm 332.000 392,000 33Z WD 332.000 Payment in isu of Loris 100,000 10D,O0D 100,000 100,000 Tra VhM b 011W funds 742,700 5.00D 597,OOD 597,000 TOTAL EXPENDITURES 2,846,781 2,447,5OD 2,434,300 2,506,900 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES (474,9M (134,100) 41,500 (118,OOD) BEGINNING FUND BALANCE 818,726 291,727 343.269 384,789 Urxeserved 343.269 157,627 384,789 286,789 ENDING BALANCE $ 343.289 $ 157627 $ 364789 $ 286,789 comenow i Taullm Prsarrad FY 2011 FY 2012 FY 2913 Exempt 8 8 8 Chrical 1 1 1 9 9 9 REVENUES InbrpowernrnerMd rsvanue Ottw Tra akm in TOTAL REVENUES EXPENDITURES OPWB*V apwxkmw Repairandnobd nsrrce UtIIb e Contract services Capitol vows i4 m TOTAL EXPENDITURES EXCESS (DEFICIT) REVENUES OVER EXPENDITURES BEGINNING FUND BALANCE Unreserved ENDING FUND BALANCE MUNKWAL AIRPORT FUND STATEMENT OF REVENIJES, AND EXPENDITURES Acbd FY 2011 Bud jt FY 2012 Estlsrred FY 2012 Br«ded FY 21"3 i 146,395 $ 5$Om i Kwo i - 144,357 158,900 148,300 156,100 1,000,000 - - - 1.282,752 208,900 198,5m 156,100 943 i'mo z800 z9m 120,712 232,000 100,000 229,000 18,050 19,900 23.600 24,400 129,194 548,686 96.500 13z60D 514,549 - 137,100 36,000 783,448 801.466 382.000 425,100 508,304 (5&2.866) (Imam) (268,000) 27,966 592,888 536,970 373,470 596,970 - 373,470 104.470 i 536,970 i - S 373,470 i 104,470 _�_� • C' •1 aoioll REVENUES S 337,100 Charges for swiicw i 394,113 Other 84 Transfers in 35.000 TOTAL REVENUES 429,197 EXPENDITURES 519,000 Wages 184,726 Berwr" 45,504 OPeratinp eoVsrrdkres 56,046 Repair and rrrainberrarres 64,702 Uliftes 16`663 Cor bud servioss 19,491 Capital app dikres 45,188 Debt service 12,642 Treaders b other Kurds 1,000 TOTAL EXPENDITURES 44962 EXCESS (DEFICIT) REVENUES 40,200 OVER EXPENDITURES (16,755) BEGINNING FUND BALANCE (3,596) Unreserved (20,351) ENDING FUND BALANCE i (20.351) i 443,000 S 337,100 i 419,000 100 - - - 200000 100000 443,100 537,100 519,000 185,000 229,40D 256,800 48,000 57,000 74,40D 52,200 46,500 59,000 57,300 61,000 66.210 19,000 15,000 15,000 56,000 38,200 50.800 21,40D 21,40D 40,200 438.90D 488,900 562,200 4,200 68,800 (43,210) 7,201 (20.351) 48.249 11,401 48,249 5,049 i 11,401 $ 48.249 $ 5.049 MUNKWAL TRANSIT FUND STATEMENT OF REVENUES AND EXPENDITURES Admai Boded FY 2012 Bw10at FY 2011 _A FY 2012 FY 4013 REVENUES Servios dpes i 5511,517 $ 550,000 $ 527,200 $ 5X000 IntierSover vwm* l revenues 2,666,878 2,178,500 2,371,600 2,142,200 Otller 22,143 400 400 400 Transfers in 1,96.000 2,450.000 ZAIKOOO 2,125,000 TOTAL REVENUES 5,282,538 5,178.900 5,349,200 4,797,600 EXPENDITURES Operating Supplies 132,713 18.000 1456000 145,000 Contract aervioes 4,599,924 4,60.000 4,980,300 4.960,000 Capitol outlay 544,322 - 220,000 - TOTAL EXPENDITURES 5,276x969 4,760,000 5,358,300 5,105.000 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES (14,421) 388,500 (9,10D) (3D7.400) BEGINNING FUND BALANCE 362,471 704,472 346,060 336,850 Unreserved 348,05D 1,105,372 339,960 31,560 ENDING FUND BALANCE $ 348,05D S 1,103.372 $ 338.960 $ 31,550 (1) UrwpndebW wdo mwd OTHER SPECIAL REVENUE FUNDS STATEMENT OF REVENUES AND Bdanoe FY M3 Bd� 18MM2 pbwwws AppeoL 0Yr3or13 Texas Motor Carrier Viohitions $ 38,863 Z 30,400 69,063 $ - Munic ipel Court Security Fee 59 24,941 25,000 - Muniapal Court Tedwiclow 372,502 46,800 419,302 - mwxxpsl Court Juwrft Caae Marrper 28 51,000 51,028 - Ike Recovery 668 50.000 50.668 - Pul*c Education Gokarnmer t Proparwninp 229,800 232,80D 462,800 - ConfracewGoods 120,471 100,00D 220,471 - JuNe Ropers Theaitre Ero*m wd 123,482 500 23,982 100,000 (1) TyrreA Historical Lbrary 3,197 9,803 12,800 - Expendabls Trust 248,405 30,800 279,205 - Librsry Trust (1,812) 13,400 11,588 - Library Endowrnerrt 896,866 4,00D 125,755 774,900 (1) Hh toricW Fire Museurn 1,118 5,000 8,118 - TOTAL $ .Agaw. $.jh0�49,24w $ $ (1) UrwpndebW wdo mwd CAPITAL RESERVE FUND STATEMENT OF REVENUES AND EXPENDITURES AQWd godw FY tats Esdmmbdt>l t FY W11 (As Am=dsQ FY M2 FY tats REVENUES Fleet ren ml S 2,145.700 $ 2,095,901) $ 2,121,900 S 2,312,100 011ier 237,268 28,800 139,800 110,000 Transfers in 1,001),001) - 1,5W400 - TOTAL REVENUES %392,989 2,115,700 3,811,100 2,422,100 EXPENDITURES Inrpromnw is 346.299 1,480;100 1,979,400 711,001) EWA n w t 1,271,220 1,656.100 1,857,200 1,273,000 Vehicles 1,249,729 1,761,200 2,117,800 1,470,700 Debt service 367,063 244,200 299.500 244,201) TOTAL EXPENDITURES 3,254,301) 5,141,600 6.213,900 3.6684900 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES 128,698 (3,02'i,900) (2,402.600) (1,276,800) BEGINNING FUND BALANCE 6.0,429 6.092.931 6.419,086 4,016,298 Unreserved 6.419,099 3,057.031 4,016.299 2,739,499 ENDING FUND BALANCE $ 6.419.098 $ 3.057,031 $ 4,016.299 $ 2.736.496 FLEET MANAtiEMENT FUND •- r., AM&� STATEMENT OF REVENUES AND EXPENDITURES REVENUES User fees Other TOTAL REVENUES EXPENDITURES ww" Benefits Repay and rraigmenos Udw" Cof*vd serviom Equipment purohsses Capital Transfers to other finds TOTAL EXPENDITURES EXCESS (DEFICIT) REVENUES OVER EXPENDITURES BEGINNING FUND BALANCE Reserved for hvwtwy Unreserved AUDI I21clo :I 4-4 Z 7,961,179 13,037 7,974,216 1,324,355 696.832 2,93x161 1,978,281 41,432 819,787 9,900 22,186 16,500 7,840,435 133,781 1,114,064 1,247,866 s 1,247,866 FY 2112 (As An WWW s x427,400 4,000 x431.400 1,407.300 3,072,700 2,300,100 54,800 8964900 9,900 26,300 x300,200 Eadmabd ended FY 2i 12 FY 2013 s xo56,soo 6,500 x063,000 1,3734400 741,200 3,15x80D ZM30D 4%WD 702,900 9,90D 26,300 s 8,owloo 5,000 x103,10D 1,423.600 764,100 71,300 5,076,800 5D,00D 728,900 9,900 15,100 x094,600 8,13&,700 (31,600) (36,8W) 967,986 1,247,865 1,216,265 1,099,186 s 1,099,186 1,216,266 s 1,216,265 1,179,666 s 1,179;e66 EMPLOYEE BENEFITS FUND STATEMENT OF REVENUES AND EXPENDITURES Actual FY 2112 ESIaalad Boded FY 2011 (As AeeeedwO FY 2012 FY 2013 REVENUES Service cFrr9 $ 13323,097 $ 14,454,000 $ 14,448,900 $ 14,43201)1) Employee oo trbutiorrs 3,587.891 3,790,701) 3,752,ODD 3,903,000 Other 17,259 20.000 83,701) 11,400 Transliers in 689.001) 39,000 30,001) 30.000 TOTAL REVENUES 18,017,247 18,298,700 18,314,800 18.376,400 EXPENDITURES Health Mots. PwAderOrganindion 12087,368 13,780.801) 1z513,60D 1z650.001) HeaM Mobilernnoe Orymixaft 1,041,522 - - - 1 Will preerxiptlons 2540.786 2625,000 zwoAD 2901),000 Dental 893,533 906,400 951,400 965,901) Other berm 178,078 188.e1)D 221,800 222700 Total 18.727,285 17,502,800 16.16.81)G 16,738,600 Worker'* Compensation Third party adminie8aiion 64,212 85,000 64,801) 64,900 Claims paid 906,309 1,01)0.000 1,084,000 1,050,000 Excess i 85,001) 86,000 87,500 87,51)1) Safety rranagernent 157,520 162.809 164,600 167,700 Total 1,233,041 1,312800 1,380,91)0 1,370.100 General Coraratt Services 2D,164 48,800 46,900 48,801) Retirement Trust 250,000 - - - Unemploymorit 108,986 100000 109,001) 100,OOD Short term disability 804,893 425,000 450000 600.000 Total 1,183.045 573,800 5IM= 748,800 TOTAL EXPENDITURES 19,143,371 19,389,400 18,264,600 18,857,501) EXCESS (DEFICIT) REVENUES OVER EXPENDITURES (1,126,124) (1,092700) WOOD_ (481,101)) BEGINNING FUND BALANCE 2924.223 2251,821 1,796.099 1,848,099 Unreserved 1,796,099 1,159,121 1,846,099 1,388,999 ENDING FUND BALANCE S 1,798,099 $ 1,159121 $ 1,818,099 $ 1,366,999 GENERAL LIAAILJTY FUND STATEMENT OF REVENUES AND EXPENDITURES FY Otte FY 2N2 REVENUES Tnmvgam in i 1,725,000 i 400.000 $ 400ow $ 400,OOD Other 4,W4 3,200 8,600 6,000 TOTAL REVENUES 1,729,554 403,200 408,600 406,000 EXPENDITURES Prdeaskmw services 246,538 35D,000 215;000 300,000 Claims paid 500,669 900,000 60Q000 742,000 Ottw irstxarxe 4,136 4,200 4,100 4,100 TOTAL EXPENDITURES 751,331 1,254,200 819,100 1,046,100 EXCESS (DEFICIT) REVENUES OVER EXPENDITURES 978,233 (851,000) (4%500) (640,100) BEGINNING FUND BALANCE 992,084 1,406,063 1,970.317 1,566,817 Reserved for unpaid claims - - - - Unreserved 1,970,317 556,083 1,55%817 919,717 ENDING FUND BALANCE S 1,90 i 1,687 i 1799 �j September 25, 2012 Consider a resolution adopting the 2013 Capital Program RICH WITH OPPORTUNITY BEAUMDN* T•_ 0 x 40 A• B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider approving a resolution adopting the 2013 Capital Program. BACKGROUND Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh (27th) day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 11, 2012. It was revised and submitted to Council on August 14, 2012, and reviewed during a work session on August 28, 2012. A public hearing was also held on August 28, 2012. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY 2013 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit "A." A public hearing was held August 28, 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - Concord Road - Phase N - End Lucas to Hwy.105 Dowlen - US 69 N to Delaware Fanned Road - Ethel to Elevenin Madison - Irvin to Grove Old Dowlen - Dawlen to Hwy. 105 Seventh Street - IH -10 to Laurel South Park Relief Street Rehabilitation Program Washington - IH -10 to ML King Avenue A - Washington to US 69 S Com Street - I14-10 to Goied Delaware - Concord Is Dowlen Dowlen - College to Walden Gladys Street - IH -10 to Dowlen Laurel - I1-1-10 to Olive Park Magnolia - Bowie to East Lucas North Street - ML King to Twenty -Third Northwest Parkway Regina - Howell to Thomas Washington - Langhem to Major Esdmsftd Cost $ 21,000,000 [1) 17,520,000 880,000 2,900,000 11,550,000 C2) 7,000,000 11,703,400 PI 5,000,000 27,500,000 Romeli/1mdmd Time Bdnedide FY 2013 - 31114 Racoma s -dad EsliineI Time Bdnedub Cost FY 3@13 - 2014 12,200,000 I� 12,700,000 17,520,000 15,500,000 pq 5,000,000 6,490,000 21,650,000 )6� 12,800,000 6,000,000 2,200,000 13,000,000 [� [1) trwkxks 1 100" Adndn- It n hffW ft up b:7.3MOW. [2) kwkxiss TxDOT AmWft up b $4AGOA00. 14 kidudss 2006 Dina Rmwnry Fmd - l Ynians Sr Awd ft of $11,389.400. [4) M*ft for 9mt *mq ftwjo fns Hwft r In Obnbr RAd Pmom 14 Appytrp for gno tAmWk9 rrsugi to 11 1 m -s In ObWr PAW Pte. (GO b E. Lues PMm) M Inchidss Fsd Rgiw oy AdniifWnNon hnft of i3.000.000. EXHIBIT "A" PUBLIC WORKS PROJECTS Babe Zaharies Drive Belvedere - Regina to Dead End Caldwood Outfal Dowlen Road - Folsom to Gladys Downtovrn Improvemwft Wall - Neches to ML King CrocketftLaureel - Peed to Magnok East Lucas - US 69 N to Pine Eleventh Street - Washington to US 69 N Folsom Extension Gulf Street - Live Oak to Delaware High School Ditch Howell Street - Regina to Sue Irving Street - Butord to Waftow North Main Street -Calder 10 Railroad Traeics Phelan Boulevard - N+10 to DwAftn Pine Street - I1-1-10 to Crockett Sabine Pon - Emmett to ML lQng School Sidewalk Program EslinwAad Coat $ 2,150,000 2,750,000 9,000,000 11,385,000 7,800,000 2,500,000 18,270,000 26,000,000 800,000 3,565,000 12,600,000 2,625,000 5,000,000 2,860,000 24,000,000 5,230,000 4,000,000 1,000,000 Racomrrrs-dad Time Schedule FY 2013-2017 c ;� Athletic Complex Tennis Carter Civic Center Improvements Communications Btdkke Fire Station No.1 Relocation Hike and Bike Trail Phase N - Delaware to Folsom Fire Sbdion No.1 Complex - Phase 11 Fire Station No. 2 Relocation Fire Station No. 11 Relocation Fleet Fire Msirdenence FacKy Pubilc Heallh Complex Tyrrell Park Improvements Proiacb for C N - 11a'alioo Airport Hangar Downtown L braxy Fleet Service Center Imprownents Senior Center Transportation Operations Shop $ 3,000,000 500,000 2,400,000 [11 6,500,000 826,400 [7[ 4,500,000 3,000,000 2,500,000 2,000,000 7,000,000 3,000,000 1,500,000 3,700,000 2,500,000 2,300,000 2,600,000 0 (1 ] Grant awaraMd flan Nr OepaoMoaent of Hondo d 9aasht in Noe amount of 11,800,000, wNh a mMO of $000M [21 Grant awarded * nil Nie Fadoral Tfwmporhron Edoanaw wd Repana in Noe aoraoaer' of 1881,120, wNh a 2D% match of i1MMD. (31 Appbd for Graaf Noonugh to Hwdm w On Disaster Rw=my Proprarro 141 applied for Grant Nar000ph No Hi ftwoe No Dbuf ar Reoowwry Rapa , 151 Municipal Airport Fund Rew -- -- -clad Tl 111 FY 2013 - 20i4 R — -- -0 dad Tina Schadide FY 2013-2014 RacorarwsiMlad Time 8rfiadnon FY 2013 - 2017 WATER AND SEWER PROJECTS ftf or Projects: Additional Water Supply System AMVAMR/Leak Detection Automatic Flushing Devices Hydrogen Sulfide Removal at Loeb Well No. 1 Loeb Wed No.1 Electrical Improvemerris Water Line and Fire Hydrant Installation/Replacement Water Rights Study Weiss Bluff Pumping Station Sewer Projects: 36" Longfellow Interceptor Rehabilitation 48" Interceptor Rehabilitation 54" Central Trunk Rehabilitation Downtown Santtauy Sewer Lilt Station Florida Avenue & Fanned Road Interceptors Lift Station Repairs Primer Sanitary Sewer Lift Station Sanitary Sewer Rehabilitation - Small Mains (Pipe Bursting) Wastewater Treatment Plant Electrical Improvements Wastewater Treatment Plant Holding Pond and Dredging Ponds 1 & 2 Wastewater Treatment Plant Master Plan Wastewater Treatment Plant Underground Piping Rehabilitation Wastewater Treatment Plant Sludge Thickener Rehabilitation WWWYSO~ 1br Street Projects: Avenue A - Washington To US 69 S Concord Road - Phase IV - East Lucas to Hwy. 105 Dowlen - US 69 N to Delaware Fanned Road - Ethel to Eleventh Old Dowlen - Dowlen to Hwy. 105 Seventh Street - IH -10 to Laurel Washington - IH -10 to ML King Estimated Cost $ 8,000,000 15,000,000 100,000 1,200,000 700,000 3,000,000 200,000 3,000,000 3,000,000 3,400,000 4,800,000 2,300,000 2,400,000 900,000 1,100,000 14,000,000 1,400,000 4,300,000 600,000 1,200,000 650,000 780,000 1,368,000 1,092,000 240,000 636,000 612,000 2,400,000 Recommended Time Schedule FY 2013 - 2014 WATER AND SEWER PROJECTS iAlba w Projects: 36" Transmission Line Bunns Bluff Pumping Station Water Bottling Plant Water Treatment Plant Improvements - Phase II Weiss Canal Stabilization Seww Projects: 66" and 21" Trunk Line Rehabilitation 77' and 36" Trunk Line Rehabitation Degritter - Wastewater Treatment Plant Folsom Drive Sanitary Sewer Interceptor Rehabillation - Dowlen Road to Crow Road Sanitary Sewer Interceptor Rehabilitation - Harriot Street Lift Station to the Wastewater Treatment Rant Sanitary Sewer Interceptor RehaWk tion - Matthew Road and Phalan Blvd. to Major Drive North to Folsom Wastewater Treatment Plant Chlorine Disinfection System Improvements Wastewater Treatment Plant Clarifiers Rehabilitation K%tert3 ww for S&*W Projects: College Street - IH -10 to cow Delaware - Concord to Dowlen Dowlen - College to Walden Gladys Street - I1-1-10 to Dowlen Laurel - IH -10 to Office Park Magnolia - Bowie to East Lucas North Street - ML King to Twenty -Third Northwest Parkway Regina - Howell to Thomas Washington - Langham to Major Esdnmded Cost $ 8,800,000 2,800,000 1,500,000 1,000,000 3,500,000 4,000,000 6,000,000 8,000,000 600,000 4,200,000 6,000,000 2,500,000 3,800,000 1,008,000 3,276,000 1,872,000 1,536,000 588,000 2,528,000 1,208,000 1,500,000 456,000 2,076,000 Recommended Time Schedule FY 2013-2014 WATER AND SEWER PROJECTS Lift Station Repairs Sanitary Sewer Rehabilitation - Small Maine (Pipe Bursting) Wastewater Treatment Plant Ground Improvements Water Line and Fire Hydrant InshO ion/ReplaCement Water Treatment Plant Improvements - Phase 11 Construction NAdsrlSewar for Soret Phis: Babe Zaharias Drive Belvedere - Regina to Dead End Dowlen Road - Folsom to Gladys East Lucas - US 69 N to Pine Eleventh Street - Washington to US 69 N Folsom Extension Gulf Street - Live Oak to Delaware Howell - Regina to Sue Irving Street - Buford to Washington North Main Street - Calder to Railroad Tracks Phelan Boulevard - IH -10 to Dowlen Pine Street - IH -10 to Crockett Sabine Pass - Emmett to ML King Estimated Cost $ 600,000 4,000,000 1,000,000 2,000,000 11,000,000 50,000 380,000 756,000 2,304,000 528,000 220,000 624,000 467,000 539,000 204,000 708,000 528,000 1,020,000 Recommended Time Schedule FY 201$-2017 3 September 25, 2012 Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2013 Budget RICH WITH OPPORTUNITY BEAUMOK* T • 11 • X • A - 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2013 Budget. BACKGROUND Section 102 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2013 BUDGET. WHEREAS, the proposed FY 2013 budget will raise more total property taxes than last year's budget by $1,396,000 or 3.55%; and, WHEREAS, the adoption of a budget that will raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the property tax increase reflected in the budget which will raise more total property taxes than last year's budget by $1,396,000 be and the same is hereby, by separate vote, ratified. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - �1 September 25, 2012 Consider an ordinance accepting the tax roll and establishing the property tax rate for the tax year 2012 (FY 2013) RICH WITH OPPORTUNITY BEAUMON* T • B • % • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer/ September 25, 2012 REQUESTED ACTION: Council consider an ordinance accepting the tax roll and establishing the property tax rate for the tax year 2012 (FY 2013). BACKGROUND The Jefferson County Appraisal District submitted the Certified Tax Roll on July 30, 2012, in the amount of $6,906,373,448. Based on this taxable value, a property tax rate of $0.641$100 valuation for the tax year 2012 (FY 2013) is proposed. The tax rate would be apportioned $0.46/$100 assessed valuation to the General Fund and $0.18/$100 assessed valuation to the Debt Service Fund. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. Jefferson County Appraisal District (409) 840-9944 P. O. Box 21337 4610 S. Fourth 'St. (409) 7274611 Beaumont, Texas 77720-1337 Beaumont, Texas 77705 Fax (409) 727-5621 CHIEF APPRAISER MEMBERS OF THE BOARD Roland R. Bieber, RPA Eugene Landry, Chairperson July 30, 2012 C.L. Sherman, Secretary J. Shane Howard Miriam K Johnson Charles Lankford Dr. Louis Reed Jr Mr. Kyle Hayes City Manager City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Mr. Hayes: In accordance with Section 26.01(a), the 2012 appraisal roll for your jurisdiction has been certified to your tax assessor -collector. Enclosed is a copy of the 2012 Appraisal Roll Certification for your review and information. Please do not hesitate to contact me should you have any questions. Sincerely, Roland R. Bieber, RPA Chief Appraiser pjb 4 Jefferson County P. O. Box 21337 Beaumont, Texas 77720-1337 CHIEF APPRAISER Roland R. Bieber, RPA Mr. J. Shane Howard Tax Assessor -Collector Jefferson County P O Box 2112 Beaumont TX 77704 Dear' Shane: Appraisal District (409) 840-9944 4610 S. Fourth SL (409) 727-4611 Beaumont, Texas 77705 Fax (409) 727-5621 MEMBERS OF THE BOARD Eugene Landry, Chairperson July 30, 2012 C.L. Sherman, Secretary J. Shane Howard Miriam K Johnson Charles Lankford Dr. Louis Reed, Jr. In accordance with Section 26.01(c) of the Property Tax Code, attached is a listing of properties of which I have knowledge that are not currently listed on the 2012 appraisal roll, but are reasonably likely to be added to the appraisal roll at a future date due to a pending protest. The value of these properties must be used in your effective tax rate calculations under Section 26.04 and 26.041 of the Property Tax Code. Sincerely, Roland Ni�e�berRPA Chief Appraiser. pjb c: Taxing Entities d 2 k w u 3:0 M o§§ §§ � .00g a.a � a. < � � §j \ §§ § 2�§ Lu rL % 0 2 �I I C) / . §a. t■ w cn U. \ OF) \ \ CL <o C4 d 2 ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2012; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the re -certified tax roll for the City of Beaumont as of July 30, 2012 to be $6,906,373,448; and, WHEREAS, the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of $0.64 per each $100 of value for the tax year 2012 (FY 2013) should be established based upon said roll; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be $6,906,373,448 is hereby approved and accepted by the City of Beaumont. Section 3. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2012 (FY 2013), for municipal purposes only, an ad valorem tax rate of $0.64 on each $100 worth of property located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.46 Debt Service Fund $0.18 Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON CERTIFICATION OF 2012 APPRAISAL ROLL FOR City of Beaumont. I, Roland R. Bieber, Chief Appraiser for the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. July 30, 2012 / Date Roland R. Biel5er, RPA Chief Appraiser Jefferson County Appraisal District 2012 APPRAISAL ROLL INFORMATION 2012 Gross Value $7,659,673,600 2012 Gross Taxable Value (Net Appraised) $7,101,319,796 Total Number of Accounts 65,649 # of Accounts with Homestead Exemption 23,821 # of Accounts with Over -65 Exemption 7,877 # of Accounts with Disabled Exemption 1,680 # of Accounts with Veterans Exemption 739 # of Agriculture -Use Accounts 236 # of Exempt Accounts 4,339 2012 Taxable Value $6,906,373,448 RECEIVED BY: DATE: EXHIBIT "A" .-1* 00* O # * * r * v o o v CIO m * H - O O + Hr4 t O O * 103, N N * O fS,TCy « « * # t H t Vim vi- * H * i hal # M 0 b b b b b b to b b b b b b b b n n Co A A k Ri # I?, 10 V' �'1 nrrr n min .-I �o b�Obrn�o �o tr I I �I # H +pOrom N mmO1m m mvav d e' V OmON fn I I z «0 +E+nm v r4HHr i ri Nmrlw Inlnlnvatm n I I o + k I bIn N rmm�1m N1 mbInd' VIdI- voo N1 I I # # # t �^lmri m T-4 rl ri H H V'vm0 OOOvbb * OOt tll In d' O OOOO O mmmm mmm In NN O I ' * O # bri ri ri ri ri ri ri 0000 COO mmm ON l 1 o** rr r nrrr r rrrr nnrbbb bl I o LwV*n * I I 0 0 ri * I I v ro H �+ri* zq* I I b1r1 H E-4 I 1 m H U * EI 14' * v O OOO C 0000 m m I 00 OO 1 MW # Cu pp + In O In N1 O v N In m I 00 00 I H + O * ri ri In m m v In at N m In O m 1 (� * * m In N mmbn In N I 1 H k * o rrl m V rl ri o c+1 r I I o [ai .0 a � « m rn lD 10 ri M v O% O b t E * ri rr1 b H I I O : Ln i i FLH I 1 I I E+ i y i M I 1 P In 0 0 0 O (7% 0 00%0000000b0) m00000Obd) # mm mb mHNNv ON N I I ; Qk a # Nrl bN at�I tO rIN Od' I N O �r + wvNmmPl or I I p FQIk > « ufo riv d1N0%Dfn vo I I aqq P2a* O # mb ori bvrrm N N NHFW+ �+ p «*«* rrI b mfn N N H Uri« ip # M 'A ri E0O zo* ook i i waParW ON* o k 1 1 q 134 # r b' N aa p vl Q 111444 * k r+1 p U qra m H * zq* F7 * H Or+ 1 Wa * * vtmm cr1000 n In (h Nn O nOri Ori mvn mom rn I O O I * H o4 --m E-4 v to o m N r m n m N rI n b In vv nIH I I y t PQ t 'Zbr+f rr7 V' mmb mbm ri N r-4 r- i i Q > 1-4I « Ot D m _ JTr * # OLnv ei r -Hr ri rl I I 10 l0 N N I I> H 0 pJ * o H * U 8) UO # f $4 a a i i0 D TWO + to « I I p O oEw i H U. 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I Mr -1 riNMnri In OriM I M lnNbal In McMmW nn I n In It 1 VIM r! 01 ri Ob I M 1 WW OVIria1d'e Nfb 1 W OW VNWr0 l I P N N rl VI N M I M 1 M ri ri I b 1 Ino N 00410 00 00 1 b mm W VI r -mw 41MON I m NNeNb In M M O In Inn In I 01�bN W Mri I/1OMM 141 bMri Qt riOVlmOWr I ri brnrnwrnlnlnmNam 1 M 1 rowrnauiar�oN�1n I ri nalOeM rImVIN W ri 1O vN Hv NM I ri M ri rl 1 n mNMnnnnlnN V W 1 O W W MV VIMVMN.ON I rl mr.010 o rgv0 VI VI I M b rl M n Iri M r1 I b I gmummWphaEO 5 September 25, 2012 Consider an ordinance amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2012 RICH WITH OPPORTUNITY 111'EA,UMON � T • E • X • A • s City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider an ordinance amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by five percent (5%) effective October 1, 2012. BACKGROUND The Water Utilities Department has been and is continuing to undertake a major capital improvement effort to enhance the water and sewer system. Many of the capital improvements are required to meet State and Federal regulations. The five percent (5%) rate increase is needed to effectively operate the water system and to provide for the necessary debt service associated with water and sewer system projects. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. WatmfSewer Rate Increase October 1, 2012 Minimum Monthly Rats Water inside Cita Outside city Meter Current Proposed Current Proposed SizeAnches Rate Rate Rate Rate 518 $ 10.84 $ 11.38 $ 16.28 $ 17.09 1 12.00 12.60 18.00 18.90 11/2 13.17 13.83 19.73 20.72 2 16.43 17.25 24.66 25.89 3 33.38 35.05 50.09 52.59 4 40.47 42.49 60.70 63.74 6 72.95 76.60 109.39 114.86 8 100.33 105.35 150.48 158.00 10 138.07 144.97 207.11 217.47 12 172.12 180.73 258.19 271.10 Usage Rate First 1,000 Minimum Minimum Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 3.67 $ 3.85 $ 5.50 $ 5.78 Surer Inside g& Outside City Meter Current Proposed Current Proposed Size/Inches Rate Rate Rate Rate 5/8 $ 6.92 $ 7.27 $ 10.37 $ 10.89 1 7.05 7.40 10.55 11.08 11/2 7.16 7.52 10.72 11.26 2 7.78 8.17 11.65 12.23 3 8.80 9.24 13.19 13.85 4 12.89 13.53 19.35 20.32 6 21.13 22.19 31.65 33.23 8 25.81 27.10 38.74 40.68 10 3521 36.97 52.80 55.44 12 44.59 48.82 66.86 70.20 Usage Rate First 1,000 Minimum Minimum Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 329 $ 3.45 $ 4.99 $ 5.24 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001 and 22.02.002, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE OCTOBER 1, 2012; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 22, Article 22.02, Section 22.02.001 of the Code of Ordinances of the City of Beaumont be and the same are hereby amended to read as follows: Sec. 22.02.001. Water service rates. (a) Effective October 1, 2012, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the city except as provided in paragraph (b) of this section. Meter Size/Inches 5/8 Inside City Rate $11.38 Outside City Rate $ 17.09 1 12.60 18.90 1 1/2 13.83 20.72 2 17.25 25.89 3 35.05 52.59 4 42.49 63.74 6 76.60 114.86 8 105.35 158.00 10 144.97 217.47 12 180.73 271.10 Usage Rate First 1,000 Gallons Minimum Minimum Over 1,000 Gallons $ Per 1000 Gallons $3.85 $5.78 Section 2. That Chapter 22, Article 22.02, Sections 22.02.002, of the Code of Ordinances of the City of Beaumont be and the same are hereby amended to read as follows: Sec. 22.02.002. Wastewater service rates. (a) Effective October 1, 2012, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater (150 mg/1 lb) except as provided in paragraph (b) of this section. Meter Size/Inches 5/8 Inside City Rate Outside City Rate $ 7.27 $ 10.89 1 7.40 11.08 1 1/2 7.52 11.26 2 8.17 12.23 3 9.24 13.85 4 13.53 20.32 6 22.19 33.23 8 27.10 40.68 10 36.97 55.44 12 46.82 70.20 Usage Rate First 1,000 Gallons Minimum Minimum Over 1,000 Gallons $ Per 1000 Gallons $3.45 $5.24 Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - D September 25, 2012 Consider an ordinance approving a zone change from RCR (Residential Conservation and Revitalization) District to NC (Neighborhood Commercial) District and a specific use permit to allow a sno-cone stand in an NC (Neighborhood Commercial) District at the northeast corner of Franklin and Avenue A RICH WITH OPPORTUNITY BEAUMON* T• E• X• A- S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager (f S3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider an ordinance approving a zone change from RCR (Residential Conservation and Revitalization) District to NC (Neighborhood Commercial) District and a specific use permit to allow a sno-cone stand in an NC (Neighborhood Commercial) District at the northeast corner of Franklin and Avenue A. BACKGROUND Yolanda Conner has applied for a zone change and a specific use permit. Ms. Conner states that the sno-cone stand will from operate 11 a.m. to 7 p.m., Monday - Saturday. The business will have up to two employees. A sidewalk exists to the east of the subject property and a partial sidewalk is located at the northwest corner of the property. Five foot wide sidewalks will be required along both Avenue A and Franklin Avenue. At a Joint Public Hearing held September 17, 2012, the Planning Commission recommended approval 8:0 of the zone change from RCR (Residential Conservation and Revitalization) District to NC (Neighborhood Commercial) and a specific use permit to allow a sno-cone stand subject to the following conditions: 1. A 5' wide sidewalk shall be installed along both Avenue A and Franklin Avenue. 2. Shift the parking spaces to allow for 6' wide landscape beds along the parking lot frontages along Avenue A and Franklin Avenue. and with a modification to the landscaping requirement along the north property line (a 6' wide landscape bed). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following conditions: 1. A 5' wide sidewalk shall be installed along both Ave. A and Franklin Ave. 2. Shift the parking spaces to allow for 6' wide landscape beds along the parking lot frontages along Avenue A and Franklin Avenue. and with a modification to the landscaping requirement along the north property line (a 6' wide landscape bed). ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SNO-CONE STAND IN A NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT THE NORTHEAST CORNER OF FRANKLIN STREET AND AVENUE A, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Yolanda Conner has applied for a specific use permit to allow a sno- cone stand in a NC (Neighborhood Commercial) District at the northeast corner of Franklin Street and Avenue A, being the West 90' of Lots 131 and 132 less the North 2', Block 11, Crary Addition, City of Beaumont, Jefferson County, Texas, containing 0.20 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a sno-cone stand to operate from 11:00 a.m. to 7:00 p.m., Monday - Saturday, in a NC (Neighborhood Commercial) District at the northeast corner of Franklin Street and Avenue A, subject to the following conditions: • A 5' wide sidewalk shall be installed along both Avenue A and Franklin Avenue. • Shift the parking spaces to allow for 6' wide landscape beds along the parking lot frontages along Avenue A and Franklin Avenue; and, with the modification to the landscaping requirement along the north property line (a 6' wide landscape bed); and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a sno-cone stand to operate from 11:00 a.m. to 7:00 p.m., Monday - Saturday, in a NC (Neighborhood Commercial) District at the northeast corner of Franklin Street and Avenue A, being the West 90' of Lots 131 and 132 less the North 2', Block 11, Crary Addition, City of Beaumont, Jefferson County, Texas, containing 0.20 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Yolanda Conner, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • A 5' wide sidewalk shall be installed along both Avenue A and Franklin Avenue. • Shift the parking spaces to allow for 6' wide landscape beds along the parking lot frontages along Avenue A and Franklin Avenue; and, with the modification to the landscaping requirement along the north property line (a 6' wide landscape bed). Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - File 2142- : Request for a zone change from RCR (Residential Conservation and N Revitalization) District to NC (Neighborhood Commercial) District and a specific use permit to allow a sno-cone stand in an NC (Neighborhood Commercial) District. cation: Northeast comer of Franklin and Avenue A Applicant: Yolanda Conner 0 100 200 1 1 I I Feet Legend ® 2142ZP RC R RC 5� RCR RC.R 0 NC 5� CR RMaH NC _ 9G�ti � G� CO yGF NC RM -H RC R RM -MH RM�H NSC EXHIBIT "A" W D z w -9 �.r�.�.. FRANKLIN ST. SITE PLAN SCALE:I'=20' CRARY SUBDIVISION W. 90' LOTS 131 & 132 LESS NORTH 2'- BLOCK 11 BEAUMONT, TX * Approval subject to the following conditions: I . A 5' wide sidewalk shall be installed along both Ave. A and Franklin Ave. 2. Shift the parking spaces to allow for 6' wide landscape beds along the parking lot frontages along Avenue A and Franklin Avenue. and with a modification to the landscaping requirement along the north property line (a 6' wide landscape bed). F- m x LU ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF FRANKLIN STREET AND AVENUE A, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RCR (Residential Conservation and Revitalization) District to NC (Neighborhood Commercial) District for property located on the northeast corner of Franklin Street and Avenue A, being the West 90' of Lots 131 and 132 less the North 2', Block 11, Crary Addition, City of Beaumont, Jefferson County, Texas, containing 0.20 acres, more or less, as shown in Exhibit "A" attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - le 2142-Z/P: Request for a zone change from RCR (Residential Conservation and :vitalization) District to NC (Neighborhood Commercial) District and a specific use rmit to allow a sno-cone stand in an NC (Neighborhood Commercial) District. kation: Northeast comer of Franklin and Avenue A pplicant: Yolanda Conner 0 100 200 I I I I FeetlAl EXHIBIT "A" 7 September 25, 2012 Consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 8375 Homer RICH WITH OPPORTUNITY BEA,UMON* T• E• X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager CSO Chris Boone, Community Development Director September 25, 2012 REQUESTED ACTION: Council consider an ordinance approving a specific use permit to allow a child day care in an RS (Residential Single Family Dwelling) District at 8375 Homer. BACKGROUND Rhonda Savoy has applied for a specific use permit. Ms. Savoy states that she owns Zippity Zebra Licensed Child Day Care Home. Several years ago, Ms. Savoy operated a child care in her home at 8375 Homer. She is now seeking a specific use permit to reopen a child care facility for up to twelve children. Based upon the parents' needs, the day care facility will typically operate Monday - Friday, 6 a.m. to 6 p.m. Evening care will run from 6 p.m. to 6 a.m. Ms. Savoy will provide 24 hour care on weekends and all school holidays. An additional employee will assist Ms. Savoy when six or more children are on the premises. At a Joint Public Hearing held September 17, 2012, the Planning Commission recommended approval 8:0 of the specific use permit subject to the following condition: 1. If the specific use permit is approved, Ms. Savoy must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Savoy must comply with all of the required codes of the City of Beaumont and with the modification to the landscaping/screening requirements along the north, south and west property lines (4' tall chain link fence and no 10' wide landscape strip). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following condition: If the specific use permit is approved, Ms. Savoy must apply for a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Savoy must comply with all of the required codes of the City of Beaumont and with the modification to the landscaping/screening requirements along the north, south and west property lines (4' tall chain link fence and no 10' wide landscape strip). ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHILD DAY CARE FACILITY IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 8375 HOMER DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Rhonda Savoy has applied for a specific use permit to allow a child day care facility in a RS (Residential Single Family Dwelling) District at 8375 Homer Drive, being the South 65' of Lot 14, Block 10, Suburban Acres Unit 2, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a child day care facility in a RS (Residential Single Family Dwelling) District at 8375 Homer Drive, subject to the following condition: • Ms. Savoy must apply for and receive a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Savoy must comply with all of the required codes of the City of Beaumont; and, with the modification to the landscaping/screening requirements along the north, south and west property lines (4' tall chain link fence and no 10' wide landscape strip); and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a child day care facility in a RS (Residential Single Family Dwelling) District at 8375 Homer Drive, being the South 65' of Lot 14, Block 10, Suburban Acres Unit 2, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, as shown on Exhibit' A," attached hereto, is hereby granted to Rhonda Savoy, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • Ms. Savoy must apply for and receive a certificate of occupancy. Prior to the issuance of the certificate of occupancy, Ms. Savoy must comply with all of the required codes of the City of Beaumont; and, with the modification to the landscaping/screening requirements along the north, south and west property lines (4' tall chain link fence and no 10' wide landscape strip). Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - e 2143=P: Request for a specific use permit to allow a child day care in an RS N esidential Single Family Dwelling) District. cation: 8375 Homer plicant: Rhonda Savoy 0 100 200 I�I i 1 I I Feet ANNNIFIVA It N. 66.67' OF LOT 6 LA.11SFW M. JACOes CF N0. 2001000529' OPRJC DHE - 1 FNO R5D8 SCALE N. 33.3' OF LOT 15 2.es & THE S. 33.3' OFT 6 CHARLES KEVIN RICHARD et us. FC NO. 104-78-OJ36 OPRJC I I I 5' SIDE SETBACK UNE PER VOL. 968, PG. 274 DRJc �Q I O I � I$ ON s� NN� M N eo m 1. N N. 70' OF 15 I el DAVID L BRAMMER et ux. Z z o FC NO. 100-65-0573 i OPRJC 1 25' BLDG. SETBACK LINE PER PLAT 6.78 30' BLDG. SETBACK LINE PER VOL 96J86 PG. 274 M ROAD EASEMENT PER PUT �Rx1 SNS 7-'o S77�E& i I EXHIBIT "B" I (CALL N5428.30'W 30.00') FND N54'2723W 30.04' FOR REFERENCE CALC CORNER HOMER DRIVE (60' R.O.W.) TO THE LEWHOLDERS AND THE OWNERS OF THE PREMISES SURVEYED AND TO THE CHICAGO TITLE INSURANCE COMPANY THE UNDERSIGNED DOES HEREBY CERTFY THAT THIS SURVEY WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND IS CORRECT, AND THAT THERE ARE NO DISCREPANCIES, CONFLICTS SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS, ENCROAcHAIENTS. OVER -UPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS-OF-WAY EXCEPT AS SHOWN HEREON, AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY. ALL FASEAfE7JTS SHOWN AND NOTED PER SOUTHEAST TEXAS E COMPANY C.F. No. "75E' 2M r{t'•'c DATE SURVEYED' MAY 14, 2003 MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS. AND PLANNERS m W.\2003\03-313\03-31 r1 V Y(10 REF tIEARfNG PER PLAT i �/ (CALL. N3Y31'30'E 65. ') LQT 7 N35'31 '30"E 65.19' JFND .ROD T C �t i• o m I i 1 i l OOD ON SLAB I r i I ui i f 1 1 I S. 65' OF 14 BLOCK 10 CLARK E. SPENCER et ux. CF NO. 9604657 q OPRJC I r l I � I I V I 1 I I I t I I I I 11 rN--"It // a.26 699 5' SIDE SETBACK LINE PER VOL 968, PG. 274 DRJC O o c-'0 0c Ng =WC" W W ^ W M M N N CNN N A, y toN tn C., L._ BRICK do FRAME 1 RESIDENCE � to t�( ------------- S 35' OF 13 & THE N. 35' OF 14 - . o o % DON L LEGER et ux. 0wi 4 tria FC N0. 03-14-0856 FND Dow 5/8' — — — — FND 5/8" — — FORREF FORROOREEF. (CALL S5426'30*E 30.00 FND S542SI7'E 29.88' HOMER DRIVE FOR REFERENCE FND S35'31'297 64,92' co ER (CALL S35`31'301 65.001 409-092-0421 8375 HOMER DRIVE BEAUUM, TEXAS 77706 . 3250 EASTER FRIWY. The South Sixty-five feet of Lot Number BEAUMONT. TEXAS 77703 Fourteen (S. 65' of 14). in Block Number Ten (FAX) 409-892-1346 (10) of SUBURM ACRES UNIT 2 to the City of Beaumont, Jefferson County, Texas, as the some appears upon the mop or. plat thereof, on file and of record fn Vol. 7 page 193 Map _Records of Jefferson County, Texas. OF TF �y Owner. Rhonda Savoy Census Tract: 1.02 o : In accordance with the � � ..• Flood Hazard Boundary Mop, • •••••••••••••• •~6 Deportment of Housing and v z Urban Development. s '0.. Community No.: 465457 •• �JQi Panel No.: 0045 C Dale of FIRM: 08-06-01 This property lies in Zone 7t' (white). Location on mop determined by scale ,R o. 636 on mop. Actual field elevation not determined. Mork W. Whiteley and Assoclotes does not warrant nor subscribe to the accuracy or scale P. 0. BOX 5492 of said mops. BEAUMONT, TEXAS 77728-6492 409-092-0421 Zone X' (white) are areas determined to be outside 500 -year flood plain. 3250 EASTER FRIWY. 0 2003 Lora• W. W9u4eky & Aeodoles. krd. BEAUMONT. TEXAS 77703 Tta dowwenL as m kntnment d professiwrel se rice, is Ole properly (FAX) 409-892-1346 or Mork W. ftaft & Assocate% Ino. and k nal to be use4 reproduced, coped or &stnbubd. ,n shale or port NOW, 8,e mYIm oueronrobon of Mork W. IW.Ieby & Assecbtes. kr , E:3 September 25, 2012 Consider an ordinance approving amendments to the Zoning Ordinance, Sec. 28.03.023 (e), Sec. 28.04.008(28), Sec. 28.04.008(29), Sec. 28.01.004(b) and Sec. 28.03.020(b) and to the Subdivision and Site Development Regulations, Sec. 26.03.004 and Sec. 26.04.002 RICH WITH OPPORTUNITY 11EAiUM0N* T - E - X - A - S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager 656 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider an ordinance approving amendments to the Zoning Ordinance, Sec. 28.03.023 (e), Sec. 28.04.008(28), Sec. 28.03.02(e), Sec. 28.04.008(29), Sec. 28.01.004(b) and Sec. 28.03.020(6) and to the Subdivision and Site Development Regulations, Sec. 26.03.004 and Sec. 26.04.002. BACKGROUND Staff is recommending that a number of amendments be made to the Zoning Ordinance and Subdivision and Site Development Regulations. Amendments to the Zoning Ordinance reflect clarifications. Amendments to the Subdivision and Site Development Regulations reflect changes to the time limit allowed for the installation of sidewalks and to alternatives to the completion of improvements as it pertains to sidewalks, all as part of the platting process. The recommended amendments are as follows: Sec. 26.03.004, Sidewalks Amendment: A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk requirements for that lot are met. When platting, sidewalks shall be installed before -the final platmay be filed or a boird ot casir payment as aflowed by section 26.04.062(i) orf2) may bc provided that guarantecs the sidewalk vv ill be instafled prior to the final building inspection. If the lot is not developed within two (2) five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. A building permit includes the construction of any sidewalk that my be required for that lot. Sidewalks with a idth of four (4) -feet shall be constructed under the following conditions: Residential. (A) To complete an existing sidewalk system. (B) Within new subdivisions. (C) On all arterial and collector streets. (D) On all "safe school routes". "Safe school routes" shall be those which have been developed and designated by the planning and zoning commission with necessary assistance from the transportation division and appropriate affected school authorities. (E) Sidewalks shall have a minimum width of four (4) feet if built a minimum distance of two (2) feet from the back of the curb. Sidewalks constructed at the back of the curb shall have a minimum width of five (S) feet. 2. Commercial and industrial. (A) To complete an existing sidewalk system. (B) Within new subdivisions. (C) On all arterial and collector streets. (D) On all "safe school routes". "Safe school routes" shall be those which have been developed and designated by the planning and zoning commission with necessary assistance from the transportation division and appropriate affected school authorities. (E) Sidewalks shall have a minimum width of five (S) feet. 3. The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. Sec. 26.04.002, Alternatives to completion of improvements. Amendment: In lieu of requiring the completion of all improvements, except sidewalks (see (S) below), prior to the approval and the recording of the final plat, the City Manager or his designee may, at his discretion, enter into an agreement with the subdivider whereby the subdivider shall provide one of the following guarantees: 1. The applicant shall post cash, a payment of performance bond, or an irrevocable letter of credit payable to the City of Beaumont in an amount equal to 130% of the estimated cost. This amount shall include the City's cost of administering the completion of the improvement in the event the subdivider defaults as provided herein. The security shall be deposited with the City or in escrow with a bank at the option of the City. Such bond or letter of credit shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the City Manager or his designee and shall be incorporated in the bond or letter of credit. In those cases where a bond or letter of credit has been posted and the required improvements have not been installed within the terms of the bond or letter of credit, the government body may thereupon declare the bond or letter of credit in default and require that all of the improvements be installed. 2. If a bank escrow is chosen, or if a letter of credit is submitted, the subdivider shall file with the city an agreement between the bank and the subdivider guaranteeing the following: 1. That the funds of said escrow account shall be held in trust until released by the city and may not be used or pledged by the subdivider as security in any other matter during that period; and 2. That in the case of a default on the part of the subdivider, the bank shall immediately make the escrowed funds available to the city for use in the completion of the required improvements. 3. In those cases where improvement guarantees have been made under the provisions of this section, the amount of the required guarantee may be reduced by the city manager upon acceptance of the dedicated portion of the required improvements. The amount of the reduction shall not exceed the percentage which the newly accepted improvements are of all originally required improvements. In no case, however, shall the guarantee be reduced to less than fifteen (15) percent of the original amount. Upon acceptance of the dedication of the final portion of improvements, the city shall authorize the release of the remaining portion of the improvement guarantee. 4. Connections to city utilities shall not occur until all improvements, except for sidewalks, have been accepted by the city and the final plat has been approved and recorded. On collector and higher classification streets, except for residential streets, sidewalks are required prior to the approval and recordation of the final plat. On non -major streets, in lieu of requiring sidewalks prior to the approval and recording of the final plat, the subdivider will place a note on the plat that sidewalks are required prior to the final building inspection and will deed restrict each lot requiring the owner of each lot to construct the sidewalk prior to the completion of the structure and the final building inspection. At all street intersections, sidewalk ramps will be built to meet ADA requirements prior to the approval and recordation of the final plat. Sec. 28.01.004(b), Definitions Amendment: f m }y Community home. A residential home for no more than six (6) disabled persons and two (2) staff persons and meeting all of the requirements of Vernon's Code Annotated, Human Resources Code, Chapter 123. Sec. 28.03.020(b), Urban Corridor Overlay District Regulations, Definitions Amendment: Sign. portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. Sec. 28.03.023(e), Permitted Use Table Amendment: Add Special Condition 28 to SIC Group 703 Sec. 28.04.008(28) Amendment: 28. Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks. Sec. 28.03.023(e), Permitted Use Table Amendment: Add Special Condition 29 to SIC Group 5813 Sec. 28.04.008(29) Amendment: 29. For the purpose of this ordinance, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, Drinking Places. This definition shall not include eating places that serve individuals from the individual's own bottle or private stock. At a Joint Public Hearing held September 17, 2012, the Planning Commission recommended approval 8:0 of the following: Sec. 26.03.004, Sidewalks Amendment: A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk requirements for that lot are met. When platting, sidewalks shall be installed befom the fmal platmay be filed ot a bond ot cash payment as allowed by section 26.04.002(i) ort2) may be providcd drM gamantees the sidewalk will be instai prior to the final building inspection. If the lot is not developed within two -(-2) five (S) years of the recordation of the final plat, the current property owner shall construct the sidewalk. A building permit includes the construction of any sidewalk that my be required for that lot. Sidewalks with a infi-timmn width of fbur (4) -feet shall be constructed under the following conditions: 1. Residential. (A) To complete an existing sidewalk system. (B) Within new subdivisions. (C) On all arterial and collector streets. (D) On all "safe school routes". "Safe school routes" shall be those which have been developed and designated by the planning and zoning commission with necessary assistance from the transportation division and appropriate affected school authorities. (E) Sidewalks shall have a minimum width offour (4) feet if built a minimum distance of two (2) feet from the back of the curb. Sidewalks constructed at the back of the curb shall have a minimum width of five (S) feet. 2. Commercial and industrial. (A) To complete an existing sidewalk system. (B) Within new subdivisions. (C) On all arterial and collector streets. (D) On all "safe school routes". "Safe school routes" shall be those which have been developed and designated by the planning and zoning commission with necessary assistance from the transportation division and appropriate affected school authorities. (E) Sidewalks shall have a minimum width of five (S) feet. 3. The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. Sec. 26.04.002, Alternatives to completion of improvements. Amendment: In lieu of requiring the completion of all improvements, except sidewalks (see (S) below), prior to the approval and the recording of the final plat, the City Manager or his designee may, at his discretion, enter into an agreement with the subdivider whereby the subdivider shall provide one of the following guarantees: 1. The applicant shall post cash, a payment of performance bond, or an irrevocable letter of credit payable to the City of Beaumont in an amount equal to 130% of the estimated cost. This amount shall include the City's cost of administering the completion of the improvement in the event the subdivider defaults as provided herein. The security shall be deposited with the City or in escrow with a bank at the option of the City. Such bond or letter of credit shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the City Manager or his designee and shall be incorporated in the bond or letter of credit. In those cases where a bond or letter of credit has been posted and the required improvements have not been installed within the terms of the bond or letter of credit, the government body may thereupon declare the bond or letter of credit in default and require that all of the improvements be installed. 2. If a bank escrow is chosen, or if a letter of credit is submitted, the subdivider shall file with the city an agreement between the bank and the subdivider guaranteeing the following: 1. That the funds of said escrow account shall be held in trust until released by the city and may not be used or pledged by the subdivider as security in any other matter during that period; and 2. That in the case of a default on the part of the subdivider, the bank shall immediately make the escrowed funds available to the city for use in the completion of the required improvements. 3. In those cases where improvement guarantees have been made under the provisions of this section, the amount of the required guarantee may be reduced by the city manager upon acceptance of the dedicated portion of the required improvements. The amount of the reduction shall not exceed the percentage which the newly accepted improvements are of all originally required improvements. In no case, however, shall the guarantee be reduced to less than fifteen (15) percent of the original amount. Upon acceptance of the dedication of the final portion of improvements, the city shall authorize the release of the remaining portion of the improvement guarantee. 4. Connections to city utilities shall not occur until all improvements, except for sidewalks, have been accepted by the city and the final plat has been approved and recorded. On collector and higher classification streets, except for residential streets, sidewalks are required prior to the approval and recordation of the final plat. On non -major streets, in lieu of requiring sidewalks prior to the approval and recording of the final plat, the subdivider will place a note on the plat that sidewalks are required prior to the final building inspection and will deed restrict each lot requiring the owner of each lot to construct the sidewalk prior to the completion of the structure and the final building inspection. At all street intersections, sidewalk ramps will be built to meet ADA requirements prior to the approval and recordation of the final plat. Sec. 28.01.004(b), Definitions Amendment: p CommuniV home. A residential home for no more than six (6) disabled persons and two (2) staff persons and meeting all of the requirements of Vernon's Code Annotated, Human Resources Code, Chapter 123. Sec. 28.03.020(b), Urban Corridor Overlay District Regulations, Definitions Amendment: Sign. portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. Sec. 28.03.023(e), Permitted Use Table Amendment: Add Special Condition 28 to SIC Group 703 Sec. 28.04.008(28) Amendment: 28. Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks. Sec. 28.03.023(e), Permitted Use Table Amendment: Add Special Condition 29 to SIC Group 5813 Sec. 28.04.008(29) Amendment: 29. For the purpose of this ordinance, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, Drinking Places. This definition shall not include eating places that serve individuals from the individual's own bottle or private stock. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ZoningDistric '. Permitted Primary Uses- A,R R-II RiVI M-, $ - RCR RC"- H 1 NC NSC 7. GCS r MD GC- MD -2 CBD C ' LI M PUD SIC Goup Par -lung Group Special Cond. P + 1 P 01 AGRICULTURAL PRODUCTION— CROPS (except as noted 40 P. S P P P S S P P P S 018 Horticultural Specialties (including retail sales) 8 P P 02 AGRICULTURAL PRODUCTION— LIVESTOCK 15 P P P P S 107 AGRICULTURAL SERVICES (except as noted) 7 P S P P P S S P P P S 1074 Veterinary Services 14 17 P S S S S S P P P S 0752 Kennels 14 17 S P P S S P P P S 076 Farm Labor and Management Services (except as noted) .14 P S S P P S P P P P S 078 Landscape/ Horticultural Services (exc t as noted) 14 P S S S P P P S 0782 Lawn and Garden Services 14 P S S S I P I P I P S 10783 Tree Services 7 P 108 FORESTRY 6 P 09 FISHING, HUNTING AND TRAPPING 7 28-73 Supp. No. 2 Beaumont Code of Ordinances Chanter 28• Zoninz Zoning District I Permitted Primary Uses A -R R -S RM- RM- RCR RCR- NC NSC GC- GC- CBD C LI HI PUD SIC Parking Special M H H MD MD -2 -M Group Group Cond. S P 10 METAL MINING 7 P P P P P P P P P P S P P P P 13 OIL AND GAS 7 EXTRACTION S P 14 MINING AND 7 QUARRYING OF NONMETALLIC MINERALS, EXCEPT -- - -- FUELS S S S P P P S 15 BUILDING 7 23 CONSTRUCTION— GENERAL CONTRACTORS S S S P P P S 16 HEAVY 7 23 CONSTRUCTION OTHER THAN BUILDING CONSTRUCTION S S S P P S CONSTRUCTION— 7 23 IP I I SPECIAL TRADE CONTRACTORS S S P 20 FOOD AND 7 18 KINDRED PRODUCTS (except as noted) S P P 2013 Sausage and Other 7 18 Prepared Meat Products S P P 202 Dairy Products 7 18 S P P 203 Canned and Preserved 7 18 Fntit and Vegetables S P P 2045 Prepared Flour Mixes 7 18 and Doughs S S P P P I P 205 Bakery Products 7 18 S S P P P P 2064 Candy and Other 7 18 -67 Confectionery Products S P P 2085 Distilled and Blended 7 18 Liquors S P P 2086 Bottled and Canned 7 18 Soft Drinks and Carbonated Waters S P P 2087 Flavoring Extracts and 7 18 Syrups, not elsewhere classified S P P 209 Miscellaneous Food 7 18 Preparations and Kindred Products ffl S P P 21 TOBACCO 7 18 PRODUCTS S P I P 22 TEXTILE MILL 7 18 I PRODUCTS 28-74 Supp.'No. 2 Beaumont Code of Ordinances Chapter 28• Zoning Zoning Distrito I Permitted Primary Uses A -R R -S RM- M RM- H RCR RCR- H NC NSC GC- MD GC- MD -2 CBD C -M LI HI PUD SIC Group Parking Grou Special Cond. S P P P 23 APPAREL AND 7 18 OTHER FINISHED PRODUCTS MADE FROM FABRICS AND SIMILAR MATERIALS S P _ 24 LUMBER AND 7 18 WOOD PRODUCTS, - EXCEPT - = ----- FURNITURE (except as noted) S P P 243 Millwork, Veneer, 7 18 Plywood, and Structural Wood Members S I P P 1244 Wood Containers 7 18 S P P 2499 Wood Products, Not 7 18 Elsewhere Classified S P P 25 FURNITURE AND 7 18 FIXTURES S P 26 PAPER AND ALLIED 7 18 h` r PRODUCTS (except as noted) S P P 265 Paperboard Containers 7 18 and Boxes S P P 267 Converted Paper and 7 18 Paperboard Products, except containers and boxes S S S P P P 27 PRINTING, 7 PUBLISHING AND ALLIED INDUSTRIES S P 28 CHEMICALS AND 7 ALLIED PRODUCTS (except as noted) S P P 283 Drugs 7 S 2892 Explosives 7 S P 29 PETROLEUM 7 REFINING AND RELATED INDUSTRIES (except as noted S S P 295 Temporary Batching 7 10 Plants S P 30 RUBBER AND 7 18 MISCELLANEOUS PLASTIC PRODUCTS 28-75 Supp. No. 2 Beaumont Code of Ordinances Chanter 28• Zoning Zoning District Permitted Primary Uses A -R R -S RM- RM- RCR CR- NC NSC GC- GC- CBD C LI HI PUD SIC Parking Special M D R MD MD -2 -M Group Group Cond. S P P 31 LEATHER AND 7 18 LEATHER PRODUCTS (except as noted) S P 311 Leather Tanning and 7 18 Finishing S P P 32 STONE, CLAY, 7 18 GLASS AND — CONCRETE _ PRODUCTS (except as noted) S P I P 1 324 Cement, Hydraulic 7 18 S P P 327 Concrete, Gypsum and 7 18 Plastic Products (except as noted) S S P 3273 Temporary Batching 7 18 Plant S P 329 Abrasive, Asbestos, 7 18 and Miscellaneous Nonmetallic Mineral Products S P 33 PRIMARY METAL 7 INDUSTRIES S P P 34 FABRICATED 7 18 METAL PRODUCTS, EXCEPT MACHINERY AND TRANSPORTATION EQUIPMENT (except as noted S P 3441 Fabricated Structural 7 18 Steel S P 3443 Fabricated Plate Work 7 18 Boiler Shops) S P 346 Metal Forgings and 7 18 Stampings S P 348 Ordnance and 7 18 Accessories except Vehicles and Guided Missiles S P 349 Miscellaneous 7 18 Fabricated Metal Products 35 INDUSTRIAL AND 18 COMMERCIAL MACHINERY AND COMPUTER EQUIPMENT (as noted `t 351 En ines and Turbines 7 l8 S 3523 Farm Machinery and 7 18 ui est 28-76 Supp. No. 2 Beaumont Code of Ordinances Chapter 28: Zoning Zoning District Permitted Primary Uses A -R R -S RM- M RM- H RCR RCR- H NC NSC GC -1. MD GC- MD -2 CBD C -M LI HI STC PUD Group Parking Group Special Cond. S P P 3524 Garden Tractors and 7 18 I Lawn and Garden ui ment S P 353 Construction, Mining 7 and Materials Handling Machinery and Equipment S P P 354 Metalworking 7 18 Machinery and _ Equipment — S P --P-__ 355— Special Industrial 7 18 Machinery Except Metalworking Machines S P 356 General Industrial 7 18 Machinery and Equipment S S P P 357 Computer and Office 7 18 Equipment S P P 358 Refrigeration and 7 18 Service Industry Machinery S P P 359 Miscellaneous 7 18 Industrial and Commercial Machinery and Equipment 3 S S S P P P 36. ELECTRONIC AND 7 OTHER ELECTRICAL EQUIPMENT S P 37 TRANSPORTATION 7 18 EQUIPMENT (except as noted S P P P S 3732 Boat Building and 7 Repair S S S P P P 38 MEASURING, 7 ANALYZING, AND CONTROLLING INSTRUMENTS; PHOTOGRAPHIC; MEDICAL AND OPTICAL ICAL GOODS; WATCHES AND CLOCKS S S S S P P 39 MISCELLANEOUS 7 MANUFACTURING INDUSTRIES I i S S S I P P P S 40 RAILROAD 7 I I I I I I I I TRANSPORTATION 28-77 Supp. No. 2 Beaumont Code of Ordinances Chapter 28• Zoning Zoning District Permitted Primary Uses A -R R•S RM- M RM- H RCR RCR- D NC NSC GC- MD GC- MD -2 CBDIC-MI LI HI PUD SIC Group Parldng Group Special Cond. S S S P P P S 41 LOCAL, SUBURBAN TRANSIT AND INTERURBAN HIGHWAY PASSENGER TRANSPORTATION (except as noted) 7 P S S P P P S I 4119 Local Passenger Transportation, Not Elsewhere Classified 7 S S S P P P S 42 MOTOR FREIGHT TRANSPORTATION AND WAREHOUSING 20 20 S S P P P P S 4225 General Warehousing and Storage S P S P P P P S 43 U.S. POSTAL SERVICE 7 S S P P S 44 WATER TRANSPORTATION 7 18 S P P P S 45 TRANSPORTATION BY AIR (except as noted) 7 S S S S S S S S Heliport and Helisto s 41 16 P S P P S S P P P P S P P P S 46 PIPELINES, EXCEPT NATURAL GAS S S S P P P S 47 TRANSPORTATION SERVICES (except as noted) 7 S S S S P S P P P P S 4724 Travel Agencies 14 S S P P S S' P P P S 48 COMMUNICATIONS 7 S S S P P P S 49 ELECTRIC, GAS AND SANITARY SERVICE (except as noted 7 P P P P P P P P P P P P P P P 4971 Irrigation Systems 7 S S S P P P S 50 WHOLESALE TRADE—DURABLE GOODS (except as noted 8 S S P S 5015 Motor Vehicle Parts, Used 8 S S P P P P S 5074 Plumbing and Heating E ui meat and S Is. S I S I P I S 5093 Scrap and Waste Materials 8 28-78 Supp. No. 2 Beaumont Code of Ordinances Chapter 28: Zoning Zoning District Permitted Primary Uses A -R R -S RM • M RM- H RCR RCR- H NC NSC GC- MD GC- MD -2 CBD C -M LI HI PUD SIC Group Parldng Group Special Cond. S S S P P P S 51 WHOLESALE 8 TRADE - NONDURABLE GOODS (except as noted) S S P P P P S 514 Groceries and Related Products S S P S 515 Farm Product -Raw 8 Materials --- — = -- --- -- S S P S 5169 Chemicals and Allied 8 Products, Not Elsewhere Classified S S P P P P S 518 Beer, Wine and Distilled Alcoholic Beverages P P P S S P P P S 52 BUILDING 8 13 MATERIALS, HARDWARE, GARDEN SUPPLY AND MOBILE HOME DEALERS (except as noted) S S S S P P P S 1527 Mobile Home Dealers 8 S P P P S S P P P S 53 GENERAL 13 13 MERCHANDISE STORES S P P P S P I P P P S 154 FOOD STORES 12 13 55 AUTO DEALERS 13 AND GASOLINE SERVICE STATIONS (except as noted) . P P S S P P P S 551 Motor Vehicle Dealers 24 New and Used S P S S P P P S 552 Motor Vehicle Dealers 23 (Used Only) S P P P S S P P P S 553 Auto and Home 13 Supply Stores S S P P S S P P P S 554 Gasoline Service 38 Stations P P S. S P P P S 555 Boat Dealers 24 P P S S P P P S 556 Recreational and 24 UtilityTrailer Dealers P P S S P P P S 557 Motorcycle Dealers 14 S P S S P P P S 559 Auto Dealers, Not 23 Elsewhere Classified S P P P S P P P P S 56 APPAREL AND 13 13 ACCESSORY STORES S P P P S P P P P S 57 HOME 14 13 FURNISHINGS, FURNITURE, AND EQUIPMENT STORES 28-79 Supp. No. 2 Beaumont Code of Ordinances Chapter 28• Zoning Zoning District Permitted Primary Uses A -R R•S RM- M RM- H RCR RCR- H NC NSC GC- MD GC- MD -2 CBD C -M LI HI PUD SIC Group Parking Group Special Cond. 58 EATING AND DRINKING PLACES (as noted) 2 S S S P P S P P P P S 5812 Eating Places (Inc. Carry Out Caterers) 26(9) 11 S S S S P P P S 5813 Drinking Places 26 29 S S S 2082 Brewprbs 26 S S S 2084 Wineries 26 59 --MISCELLANEOUS --- RETAIL (as noted) -- 13 S P P P S P P P P S 591 Drug Stores and Propriety Stores 13 S P P S S P P P S 592 Liquor Stores 13 S P P P S P P P P S 593 Used Merchandise Stores 14 21 S P P P S P P P P S 5941 Sporting Goods and Bicycle Shops 13 S P P P S P P P P S 15942 Book Stores (General) 13 P P P 5942 Book Stores (Adult) (including gifts and novelties) 13 2 S P P P S P P P P S 5943 Stationery Stores 13 S P P P S P P P P S 5944 Jewe Stores 13 S P_ P P S P P P P S 5945 Hobby, Toy and Game Shops 13 S P P P S P P P P S 5946 Camera and Photography Supply Stores 13 S P P P S P P P P S 5947 Gift, Novelty and Souvenir Stores 13 S P P P S P P P P S 5948 Luggage and Leather Goods Stores 13 S P P P S P P P P S 5949 Sewing, Needlework and Piece Goods Stores 13 S P P P S P P PP S 596 Nonstore Retailers 7 S P P P S S P P P S 598 Fuel Dealers 15 S P P P S S P P P S 599 Retail Stores, Not Elsewhere Classified 13 S P P P S P P P P S 60 DEPOSITORY INSTfTUTIONS 14 S P P P S P P P P S 61 NONDEPOSITORY INSTITUTIONS 14 S S P P P S P P P P S 62 SECURITY AND COMMODITY BROKERS, DEALERS, EXCHANGES AND SERVICES 14 S S S P P P S P P P P S 63 INSURANCE CARRIERS 14 S S S P P P S P P P P S 64 INSURANCE AGENTS, BROKERS AND SERVICE 14 28-80 Supp. No. 2 Beaumont Code of Ordinances Chapter 28: Zoning Zoning District Permitted Primary Uses A -R R -S RM- M RM- ii RCR RCR- H NC NSC GC- MD GC- MD -2 CBD C -M LI HI PUD SIC Group Parking Special Group Cond. S S S P P P S P P P P S 65 REAL ESTATE 14 (except as noted) S S S S S S S S S S S S S S S 6553 Cemetery Subdivision 41 and Developers (subject to state statutes) S S S P P P S P P P_ P S 67 HOLDING AND 14 OTHER INVEST. _- — -- - OFFICES 70 HOTELS, ROOMING HOUSES, CAMPS, AND OTHER LODGING PLACES (as noted S P S S P P. P S 701 Hotels, Motels and 1 Tourist Camps S S S S S S S S 701 Bed and Breakfast 42 22 Facilities S S S S S S S 702 Rooming and Boarding 1 Houses S S S S S S S S S S S 703 Camps and 5 Recreational Vehicle 28 Parks S, S S P S -S- S -Organization Hotels 1 1704 and Lodging Houses, on Membership Basis 72 PERSONAL SERVICES (as noted) S P P P S S P P P S 7211 Power Laundries, 7 Family and Commercial S P P P S P P P P S 7212 Garment Pressing and 7 Agents for Laundries andDry Cleaning S P P P S P P P P S 17213 Linen Supply 7 S S P P P S S P P P S Coin -Operated 39 17215 Laundries and Dry Cleaning S P P P S S P P P S 7216 DryCleaning Plants 7 S P P P S S P P P S 7217 Carpet and Upholstery 7 Cleaning S P P P S S P P P S 721.8 Industrial Launderers 7 S P P P S S P P P S 7219 Laundry and Garment 7 Services, Not Elsewhere Classified S S P P P S P P P P S 722 Photographic Studios, 14 Portrait S S P P P i S P P I P P S 723 Beauty Shops 11 S I S 1 P P P S P P P P P 724 Barber Shops 11 S P P P S P P P P S 725 Shoe Repair Shops, 13 Shoe Shine Parlors and Hat Cleaning Shops S S S S S S P P P S 726 Funeral Service and 25 I Crematories S P P P S S P P P S Misc. Personal 14 1729 Services (except as I noted) 28-81 Supp. No. 2 Beaumont Code of Ordinances Chapter 28: Zoning Zoning District Permitted Primary Uses A -R R -S RM- M . RM- H RCR RCR- H NC NSC GC- MD GC- MD -2 CBDIC-MI LI HI PUD SIC Grou Parldng Special Group' Cond. P I P P Massage Parlors 13 2 P P P Adult Modeling or 13 2 Photo Studio 73 BUSINESS SERVICES(as noted) S S S P P P I S P P P I P I S 17311 Advertising Agencies 14 S S S S S P P I P I S 7312 Outdoor Advertising 14 Services S S S P P P S P P P P S 7313 Radio, Television and 7 Publishers' – — _ Advertising Representatives S S P P P S P P P P S 7319 Advertising, Not 14 Elsewhere Classified S S S P P P S P P P P S 732 Consumer Credit 14 Reporting Agencies, Mercantile Reporting Agencies and Adjustment and Collection Agencies S S S P P P S P P P P S Mailing, Reproduction, 14 Commercial Art and I 1733 Photography, and Stenographic Services S S S P P S S P P P I S 734 Services to Dwellings 7 and Other Bunldin S S S P -P P S- 735 Miscellaneous 7 13 Equipment Rental and Leas' as noted) S S P P P S P P P P S 7352 Medical Equipment 7 13 Rental and Leasing S S S P P P S 7353 Heavy Const. 7 13 Equipment Rental and Leasing S S S P P P S 7359 Equipment Rental and 7 13 Leasing, Not Elsewhere Classified 736 Personnel Supply Services (as noted) S S S S P P S P P P P S 7361 Employment Agencies 14 S S P P S S P P P S 7363 HelpSupply Services 14 S S S P P S P P P P S 737 Computer and Data 14 Processing Services and Other Computer Related Services S S S P P S S P P P S 738 Miscellaneous 14 13 Business Services (except as noted) S S S S P P S S P P P S Business Services, Not 7/14 Elsewhere Classified 17389 (of a general office character) 75 AUTOMOTIVE REPAIR, SERVICES AND PARKING (as noted S S S P S S P P P S Automobile Rental and 24 1751 Leasing S I S S P I S I S I P I P j P 1 752 Automobile Parkin 0 26 28-82 Supp. No. 2 Beaumont Code of Ordinances Chapter 28: Zoning Zoning District Permitted Primary Uses A -R R -S RM- M RM- D RCR RCR- H NC NSC GC- MD GC- MD -2 CBDIC-MI LI HI PUD SIC Group Parking Group Special Cond. S S S P S S P I P P S 7532 Top and Interior 19 9 Repair Shops S S S P P P S 7532 Paint and Body Repair 19 9 Shops S P P S P P P S 7533 Automotive Exhaust 19 9 System Repair Shops S S S P P P S 7534 Tire Retreading Shops 19 S S P P S S P P P S 7534 Tim Repair Shops 19 S P P S I S P P P S 7536 Automotive Glass 19— 9 Replacement Shops — S P P S P P P S 7537 Automotive----_— =19— —_9__ Transmission Repair Shops S S P P S S P P P S 7538 General Automotive 19 9 Repair Shops S S P P S S P P P S 7539 Automotive Repair 19 9 Shops, Not Elsewhere Classified S S P P S S P P P S 754 Automotive Services, 9 15 Except Repair 76 MISCELLANEOUS REPAIR SERVICES as noted) S P I P P S P P P P S 762 Electrical Repair Shop 13 S. S P P P S P P P P S 763 Watch, Clock,.and 13 Jewelry Repair S S S P P S S P P P S 764 Reupholstery and 14 Furniture Repair S S S P P P S 765 Welding Repair 7 S S S P P P S 7694 Armature Rewinding 7 Shop S P P S S P P P S 7699 Repair Shops and 7 Related Services, Not Elsewhere Classified 78 MOTION PICTURES 2 (as noted) S P Is P S P P P P S 781 Motion Picture 7 Production and Allied Services S S P P S P P P P S 782 Motion Picture Dist. 7 and Allied Services S S P P S S P P P S Motion Picture 25 17132 Theaters (except Drive-in P P P 7832 Adult Motion Picture 25 2 Theaters P S S P P P S 7833 Drive-in Motion 6 Picture Theaters S P P P S P P P P S 7841 Video Tape Rental 14 2 79 AMUSEMENT AND 2 RECREATION SERVICES, EXCEPT MOTION PICTURES (as noted) S S S P P S P P P P S 791 Dance Studios, 14 Schools and Halls S S P P S P P P P S 792 Theatrical Producers, 14 Bands, Orchestras and Entertainers 28-83 Supp. No. 2 Beaumont Code of Ordinances Chapter 28• Zoning Zoning District Permitted Primary Uses A -R R-5 RM- RM- RCR RCR- NC NSC GC- GC- CBD C LI HI PUD SIC Parking Special M H H MD MD -2 -M Group Group Cond. S S P P S P I P P P S 793 Bowling Centers 32 S S P P P P S 794 Commercial Sports 25 S P P P S P P P P S 7991 Physical Fitness 14 Facilities P P P P P P P P P S P P I P P 7992 Public Golf Courses 33 S S P P S P P P P S 7993 Coin -Operated 12 Amusement Devices S P P S S P P P S 7996 Amusement Parks 41 S S S S S P P P S P P P P P 7997 Membership Sports 13 and Rec. Clubs S _S_ _S__ __S__..—S-.--. _ ____ S P P S S P P P P_ -7999 Amusement and 26 Recreation Services, Not Elsewhere Classified 80 HEALTH SERVICES (as noted) S S S P P P S P P P P S 801 Offices and Clinics of 14 Doctors of Medicine S S S P P P S P P P P S 802 Offices and Clinics of 14 Dentists S I S S P P P S P P P P S 803 Offices and Clinics of 14 Doctors.of Osteopathy S S S P P P S P P P P S 804 Offices and Clinics of 14 Other Health Practitioners Including MassageMerapists S S P P P S P P P P S 805 Nursing and Personal 28 Care Facilities S S S S S S P P S P P P P S 806 Hospitals 28 S S P P P S P P P P S 807 Medical and Dental 7 Laboratories S S S P P P S P P P P S 808 Home Health Care 14 Facilities S S S S S S P P P S P P P P S 809 Miscellaneous Health 18 and Allied Services, Not Elsewhere Classified S S S P P P S P I P P P S 81 LEGAL SERVICES 14 82 EDUCATIONAL SERVICES (as noted) S S S S S S S S S S P S S S S 821 Elementary Schools 30 S S S S S S S S S S P S S S I S 821 Secondary Schools 30/31 S P P S P P P P S 822 Colleges, Universities, 30/31 Professional Schools and Junior Colleges P S S P P P P P P S P P P P P 1823 Libraries 8 S I P P P S P P P P P 824 Vocational Schools 30/31 S P P P S P P P P S 829 Schools and 30/31 Educational Services, Not Elsewhere Classified S S S P P P S S P P P S 83 SOCIAL SERVICES 41 (except as noted) S S S S S S P P P S S P P P S 8351 Child Day Care 41 Services 28-84 Supp. No. 2 Beaumont Code of Ordinances Chapter 28: Zoning Zoning District I Permitted Primary Uses A -R R -S RM- M RM- H RCR RCR- H NC NSC GC- MD GC- MD -2 CBDII LI HI PUD SIC Group Parldng Group_Cond. Special P P S P S S S 8361 Residential Care 41 19 I (except as noted) S S S S S S S Halfway Homes for 41 19 Delinquents and Offenders S S S P P P S P P P P S 84 MUSEUMS, ART 18 GALLERIES AND BOTANICAL AND ZOOLOGICAL — — - — — -- --- GARDENS 86 MEMBERSHIP ORGANIZATIONS (as noted) S S S P P S P P P P S 861 Business Associations 14 S S S P P S P P P P S 862 Professional 14 Membership Organizations S S P P S P P P P S 863 Labor Unions and 14 Similar Labor Organ. S S P P S P P P P S 864 Civic, Social and 14 Fraternal Associations S S S P P S P P P P S 865_ Political Organizations 14 S S S S S S S P. P S P P S S S 866 Religious 18 Organizations S S S P P S P P S S S_ 869 Membership 14 Organizations, Not Elsewhere Classified S S S P P P S P P P P S 87 ENGINEERING, 14 ACCOUNTING, RESEARCH (COMMERCIAL AND NON- COMMERCIAL), MANAGEMENT AND RELATED SERVICES (except as noted) S S S S P S P P P P S 873 Research, 7 Development and Testing Services (except as noted) S S P P P P S 8734 Testing Laboratories 14 S S S P P P S S P P P S SERVICES NOT 14 I 189 ELSEWHERE CLASSIFIED 91- GOVERNMENT 97 USES Public -Admin.) P P P P P P P P P P P P. P P Federal, State and 14 Local Government, Excluding Districts and Authorities S S S S S S S P P S P P P P S Districts and 14 I Authorities 28-85 Supp. No. 2 Beaumont Code of Ordinances Chapter 28• Zoning. Zoning District I Permitted Primary Uses A -R R -S RM- RM- RCR RCR- NC NSC GC- GC- CBD C -M LI HI PUD C "GroupGroup Parking Special M H H MD MD -2 Cond. S S S S S S S S S S S S S S S 99 NONCLASSIFIABLE 41 ESTABLISHMENTS (except as noted) S S S S S S S S 9991 Jails, Correctional 41 Facilities, Detention Centers, Prisons and Prison Camps, Privately Owned and Operated NON -CLASSIFIED USES RESIDENTIAL USES P P P P P P S P Single -Family 3 27 Dwellings S S P P P S S S Two -Family 3 27 Dwellings P P S S P S S S Multifamily 2 Dwellings P P P P P S S P Cluster HousinR 3 1 S S S S S Mobile Home Park 4 4 S S S S S Mobile Home 4 4 Subdivision P P P P P P S Model Dwelling Unit 3 P P P P P P S P Family Home (see 41 definition) ACCESSORY RESIDENTIAL USES P P P P P P P P P P Accessory Building, 7/14 Structure or Use S P P P S S Garage Apartment 1 5 P P P P P P P Home Occupation 14 S S S S S S P S S P Servant's or 1 6 Caretaker's Quarters P P P P P P P P S P Private Recreational 8 Facility P P P P P P P P P P swimming Pool 3 P P P P P P P P S P Solar Collectors P P P P P P P P S P Temporary Portable 25 Storage Containers PUBLIC UTILITIES P P P P P P P P P P S P P P P Cable Television, Transmission Line P P P P P P P P P P S P P P P Electrical Transmission Line P P P P P P P P P P S P P P P Fiber Optic Cable Communications Line S S S S P P P S Electrical Generating 41 Plant S S S S S S S S S S S P P I P S Electrical Substation 41 P P P P P P P P P P S P P P P Local Utility Service 41 I Line S S S S S Radio, Television, 41 24 Microwave and Cellular Telephone Transmission Towers 28-86 Supp. No. 2 Beaumont Code of Ordinances Chapter 28: Zoning Zoning District Permitted Primary Uses A -R R -S RM -IRM- RCR RCR- NC NSC GC- GC- CBD C -M LI HI PUD C "GroupGroup Parldng Special M H H MD MD -2 Cond. S S S S S S S S S S S S P P S Railroad Tracks and Switching Yards P P P P P P P P P P S P P P P Sewage Pumping 41 Station P P P P P P P P P P S P P P P Sewage Treatment 41 Facilities PP P P P P P P P S P P P P Telephone Exchange, 41 Switching Relay or Transmittin Station S S S P P P S Utility Service or 41 Storage Yard or - -- - --_- _ -- - -Buildings P P P P P P P P P P S P P P P Water Standpipe or 41 Elevated Water Supply, Water - Reservoir Well or Pumping Station P P P P P P P P P P S P P P S Water Tmatment 41 Plant S P P P P S S P P P S Utility Business 14 Office (Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-51, sec. 1, adopted 7/14/81; Ordinance 81-58, sec. 2, adopted 7/28/81; Ordinance 81-79, secs. 2, 4, adopted 10/6/81; Ordinance 82-88, sec. 1, adopted 8/17/82; Ordinance 82-99, sec. 1, adopted 8/31/82; Ordinance 82-109; sec. 4, adopted 9/14/82; Ordinance 82-134,, sec. 2, adopted 12/14/82; Ordinance 83-10, sec. 1, adopted 1/25/83; Ordinance 83-45, sec. 1, adopted 4/26/83; Ordinance 84-12, sec. 1, adopted- U17/84; Ordinance 84-13, sec. 1, adopted 1/17/84; Ordinance 86-89, sec. 2, adopted 8/26/86; Ordinance 87-33, secs. 1, 3, 10, 12, adopted 4%28/87; Ordinance 87-74, sec. 2, adopted 9/22/87; Ordinance 89-10, sec. 2, adopted 2/28/89; Ordinance 89-14, sec. 1, adopted 3/7/89; Ordinance 92-62, sec. 2, adopted 8/11/92; Ordinance 92-63, sec. 2, adopted 8/25/92; Ordinance 93-69, sec. 1, adopted 11/23/93; Ordinance 98-7, sec. 4, adopted 2/3/98; Ordinance 04-054, sec. 1, adopted 7/27/04; Ordinance 05-010, sec. 1, adopted 1/11/05; Ordinance 05-034, sec. 2, adopted 3/29/05; Ordinance 06-036, sec. 2, adopted 7/11/06; Ordinance 06-062, sec. 1, adopted 9/26/06; 1978 Code, sec. 30- 24; Ordinance 07-096, sec. 2, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07; Ordinance 08-066, sec. 2, adopted 8/26/08; Ordinance 08-097, sec. 1, adopted 11/4/08; Ordinance 08-106, sec. 3, adopted 11/25/08; Ordinance 09-020, sec. 1, adopted 4/28/09; Ordinance 10-041, sec. 1, adopted 6/8/10; Ordinance 10-049, sec. 1, adopted 6/29/10; Ordinance 11-021, sec. 1, adopted 3/8/11) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTIONS 26.03.004 AND 26.04.002 AND CHAPTER 28, SECTIONS 28.01.004(b), 28.03.020(b), 28.03.023(e), 28.04.008(28) AND 28.04.008(29) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 26, Section 26.03.004 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 26.03.004 Sidewalks A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk requirements for that lot are met. When platting, sidewalks shall be installed prior to the final building inspection. If the lot is not developed within five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. A building permit includes the construction of any sidewalk that my be required for that lot. Sidewalks shall be constructed under the following conditions: Section 2. THAT Chapter 26, Section 26.03.004 of the Code of Ordinances be and the same is hereby amended by adding a new Subsections 26.03.004(1)(E) and 26.03.004(2)(E) to read as follows: Sec. 26.03.004 Sidewalks (1) Residential. (E) Sidewalks shall have a minimum width of four (4) feet if built a minimum distance of two (2) feet from the back of the curb. Sidewalks constructed at the back of the curb shall have a minimum width of five (5) feet. Sec. 26.03.004 Sidewalks (2) Commercial and industrial. (E) Sidewalks shall have a minimum width of five (5) feet. Section 3. THAT Chapter 26, Section 26.03.004(3) of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 26.03.004 Sidewalks (3) The planning and zoning commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. Section 4. THAT Chapter 26, Section 26.04.002 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 26.04.002 Alternatives to completion of improvements In lieu of requiring the completion of all improvements, except sidewalks (see (5) below), prior to the approval and the recording of the final plat, the City Manager or his designee may, at his discretion, enter into an agreement with the subdivider whereby the subdivider shall provide one of the following guarantees: Section 5. THAT Chapter 26, Section 26.04.002(4) of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 06.04.002 Alternatives to completion of improvements (4) Connections to city utilities shall not occur until all improvements, except for sidewalks, have been accepted by the city and the final plat has been approved and recorded. Section 6. THAT Chapter 26, Section 26.04.002 of the Code of Ordinances be and the same is hereby amended by adding a new Subsection 26.04.002(5) to read as follows: Sec. 06.04.002 Alternatives to completion of improvements (5) On collector and higher classification streets, except for residential streets, sidewalks are required prior to the approval and recordation of the final plat. On non -major streets, in lieu of requiring sidewalks prior to the approval and recording of the final plat, the subdivider will place a note on the plat that sidewalks are required prior to the final building inspection and will deed restrict each lot requiring the owner of each lot to construct the sidewalk prior to the completion of the structure and the final building inspection. At all street intersections, sidewalk ramps will be built to meet ADA requirements prior to the approval and recordation of the final plat. Section 7. THAT Chapter 28, Section 28.01.004(b) of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 28.01.004 Definitions (b) Definitions. Community home. A residential home for no more than six (6) disabled persons and two (2) staff persons and meeting all of the requirements of Vernon's Code Annotated, Human Resources Code, Chapter 123. Section 8. THAT Chapter 28, Section 28.03.020(b) of the Code of Ordinances be and the same is hereby amended to read as follows: Section 28.03.020 UC, Urban Corridor Overlay District regulations (b) Definitions. Unless the context clearly indicates otherwise, in this section: Sign. portable. Any sign that is not permanently attached to the ground or any other structure and is designed to be moved from place to place. Section 9. THAT Chapter 28, Section 28.03.023(e), Permitted Use Table, SIC Groups 703 and 5813, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: ZONING DISTRICT Parking Group Special Cond. Parking Group Special Cond. PERMITTED PRIMARY USES PERMITTED PRIMARY USES SIC SIC A -R R -S RM- M RM- H RCR RCR- H NC NSC GC- GC- CBD MD MD -2 C -M LI HI PUD GROUP PUD GROUP S S S S S S S S S S S S 703 Camps and Recreational Vehicle Parks 6 28 ; and, ZONING DISTRICT Parking Group Special Cond. PERMITTED PRIMARY USES SIC A -R R -S RM- RM- M H RCR RCR- H NC NSC GC- GC- MD MD -2 CBD C -M LI HI PUD GROUP S S S S P P P S 6813 Drinking Places 26 29 Section 10. THAT Chapter 28, Section 28.04.008 of the Code of Ordinances be and the same is hereby amended by adding a new Subsection 28.04.008(28) to read as follows: Sec. 28.04.008 Special conditions (28) Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks. Section 11. THAT Chapter 28, Section 28.04.008 of the Code of Ordinances be and the same is hereby amended by adding Subsections 28.04.008(29) to read as follows: Sec. 28.04.008 Special conditions (29) For the purpose of this ordinance, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, Drinking Places. This definition shall not include eating places that serve individuals from the individual's own bottle or private stock. Section 12. 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 13. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 14. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - September 25, 2012 Consider an ordinance approving the abandonment of the alley behind Lot 1, Tract 1, Block 9, Fuller and Keith Addition RICH WITH OPPORTUNITY BEAUMON* T• E X A. s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 6�� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider an ordinance approving the abandonment of the alley behind Lot 1, Tract 1, Block 9, Fuller and Keith Addition. BACKGROUND Patrick Gibbs, agent for an adjacent property owner, has applied for the abandonment of the alley. Mr. Gibbs states that the property owner is renovating the old Red Cross Building at 708 Magnolia. Parts of the 30' wide alley that ran from Hazel to North have been abandoned over the years and all that remains is the subject 15'x 58' portion. The abandoned alley would be used for additional parking. At a Regular Meeting held September 17, 2012, the Planning Commission recommended approval 8:0 to abandon the alley. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. r -e / z1a lb ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN ALLEY BEHIND LOT 1, TRACT 1, BLOCK 9, FULLER AND KEITH ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT an alley behind Lot 1, Tract 1, Block 9, Fuller and Keith Addition, being a 15'x 58' portion of alley, beginning at the south right-of-way line of Hazel Avenue and running in a southerly direction for a distance of 58, City of Beaumont, Jefferson County, Texas, containing 0.019 acres, more or less, as shown in Exhibit "A, " attached hereto, be and the same are hereby vacated and abandoned and title to such property shall revert to and become the property of the persons entitled thereto as provided by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - p 820 -OB: Request to abandon the alley behind Lot 1, Tract 1, Block 9, Fuller and Keith N dition. plicant: Patrick Gibbs 0 100 200 1 1 I 1 Feet EXHIBIT "A" 10 September 25, 2012 Consider a resolution authorizing the City Manager to execute a Performance Contract with Johnson Controls, Inc. for installing water meter infrastructure and a leak detection system RICH WITH OPPORTUNITY [IEAUMON T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Dr. Hani J. Tohme, P.E., Water Utilities Director September 25, 2012 Council consider a resolution authorizing the City Manager to execute a Performance Contract with Johnson Controls, Inc. BACKGROUND The City Council approved a Project Development Agreement with Johnson Controls, Inc. (JCI) on August 28, 2009, to perform a city-wide energy efficiency audit. That agreement was amended on November 8, 2011, to include a detailed audit of the existing water meter infrastructure including meter accuracy and billing system optimization and to explore automated meter reading and leak detection technologies. JCI conducted the audit over the last nine (9) months. The results indicated the City of Beaumont would benefit from a project that replaces meters older than seven years, implements an automated meter reading and billing system, and installs a permanent leak detection system. In order for a project of this type to be recommended by JCI, it must be paid for out of savings and additional revenue generated by the efficiency and accuracy of the new meters and technology. The proposed Performance Contract is to retain JCI to replace 29,644 - 5/8" water meters, 73 — 3" and larger water meters, retrofit 13,404 meters of all sizes, implement an Automated Metering Infrastructure (AMI) system, related software, hardware, billing interface and training, and install a permanent leak detection system across the city. Replacing meters will lead to improved accuracy and standardization resulting in additional revenues annually. The AMI system will read the customers' meters electronically and transmit the data to interface with the City's water billing system. This will lead to enhanced reading efficiencies, real-time customer data, billing accuracy, and electronic readings at the time of service turn -on and turn-off rather than sending staff for manual readings. Finally, the permanent leak detection system will allow Water Utilities Staff to pinpoint the location of a leak in the system within a few feet of the actual leak as well as identify leaks throughout the system, no matter how large or small. This system will identify and reduce the lost water in the system, resulting in savings in both operation and maintenance costs. Johnson Controls, Inc. September 25, 2012 Page 2 The City will secure a seven year lease purchase for this project, but will not begin paying the related debt service until the project is complete. This is expected to be approximately eighteen (18) months from the commencement of the project or Fiscal Year 2014. The calculated project savings and additional revenue from replacing the meters and installing the AMI system is approximately $4.2M over a seven year period. The savings that is expected but not specifically calculated from the leak detection system and AMI system is approximately $10.8M over the same seven year period. This revenue and savings assumes an annual rate increase of not less than 3%. These savings and additional revenue will fund the debt service over the seven year period. JCI will provide the City an Assured Performance Guarantee which guarantees that the City will achieve the annual benefits that have been calculated or the company will owe the City the difference. FUNDING SOURCE Lease purchase. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a Performance Contract with Johnson Controls, Inc. for installation and implementation of an Automated Metering Infrastructure for the Water Utilities Department. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - Johnson Ab Controls Johnson Controls, Inc. — Solutions Group PERFORMANCE CONTRACT Performance Contract DRAFT: September 20.2012 This Performance Contract (this "Agreement") is made this _ day of September, 2012 between: PARTIES JOHNSON CONTROLS, INC. ("JCI") 3021 West Bend Drive Irving, TX 75063 and CITY OF BEAUMONT ("Customer") 801 Main Street, Suite 100 Beaumont, TX 77701-3548 RECITALS WHEREAS, Customer desires to retain JCI to perform the work specified in Schedule 1 (Scope of Work) hereto (the "Work") relating to the installation of the improvement measures (the "Improvement Measures") described therein; and WHEREAS, Customer is authorized and empowered under applicable Laws (as defined below) to enter into this Agreement, and has taken all necessary action under applicable Laws to enter into this Agreement; and WHEREAS, Customer selected JCI to perform the Work after it determined JCI's proposal was the most advantageous to Customer in accordance with all applicable procurement and other Laws. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: AGREEMENT 1. SCOPE OF THE AGREEMENT. JCI shall perform the Work set forth in Schedule 1. After the Work is Substantially Complete (as defined below) and the Certificate of Substantial Completion is executed by Customer and JCI, JCI shall provide the assured performance guarantee (the "Assured Performance Guarantee") and the measurement and verification services (the "M&V Services") set forth in Schedule 2 (Assured Performance Guarantee — Utility Meters), as applicable. Customer shall make payments to JCI for the Work and the M&V Services in accordance with Schedule 4 (Price and Payment Terms). 2. AGREEMENT DOCUMENTS: In addition to the terms and conditions of this Agreement, the following Schedules are incorporated into and shall be deemed an integral part of this Agreement: Schedule 1 — Scope of Work Schedule 2 — Assured Performance Guarantee — Utility Meters Performance Contract (Rev 15) Johnson Controls, Inc. — Proprietary ® 2008 Johnson Controls, Inc. EXHIBIT "A" Schedule 3 — Customer Responsibilities Schedule 4 — Price and Payment Terms 3. NOTICE TO PROCEED; SUBSTANTIAL COMPLETION; M&V SERVICES. This Agreement shall become effective on the date of the last signature on the signature page below. JCI shall commence performance of the Work within ten (10) business days of receipt of Customer's Notice to Proceed, a form of which is attached hereto as Attachment 1. The M&V Services shall commence on the first day of the month following the month in which Customer executes a Certificate of Substantial Completion and shall continue throughout the Guarantee Term, subject to earlier termination of the Assured Performance Guarantee as provided herein. For purposes of this Agreement, "Substantial Completion" means that JCI has provided sufficient materials and services to permit Customer to operate the Improvement Measures in accordance with their intended purpose. Customer acknowledges and agrees that if, for any reason, it (i) cancels, or terminates receipt of M&V Services, (ii) fails to pay for M&V Services in accordance with Schedule 4, (iii) fails to fulfill any of Customer's responsibilities necessary to enable JCI to complete the Work and provide the M&V Services, or (iv) otherwise cancels, terminates or materially breaches this Agreement, the Assured Performance Guarantee shall automatically terminate and JCI shall have no liability thereunder. 4. DELAYS AND IMPACTS. If JCI is delayed in the commencement, performance, or completion of the Work and/or M&V Services by causes beyond its control and without its fault, including but not limited to inability to access property; concealed or unknown conditions encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work; a Force Majeure (as defined below) condition; failure by Customer to perform its obligations under this Agreement; or failure by Customer to cooperate with JCI in the timely completion of the Work, JCI shall provide written notice to Customer of the existence, extent of, and reason for such delays and impacts. Under such circumstances, an equitable adjustment in the time for performance, price and payment terms, and the Assured Performance Guarantee shall be made. 5. ACCESS. Customer shall provide JCI, its subcontractors, and its agents cress to all facilities and properties in Customer's control that are subject to the Work and M&V Services. Customer further agrees to assist -provide reasonable assistance to JCI, its subcontractors, and its agents to gain access to facilities and properties that are not controlled by Customer and are necessary for JCI to complete the Work and provide the M&V Services. An equitable adjustment in the time for performance, price and payment Terms, and Assured Performance Guarantee shall be made as a result of any failure to grant such access. & PERMITS, TAXES, AND FEES. Unless otherwise specified in Schedule 3 (Customer Responsibilities), JCI shall be responsible for obtaining all building permits required for it to perform the Work. , JCI shall not be obligated to provide any changes to or improvement of the facilities or any portion thereof required under any applicable building, fire, safety, sprinkler or other applicable code, standard, law, regulation, ordinance or other requirement unless the same expressly regulates the installation of the Improvement Measures. Without limiting the foregoing, JCI's obligation with respect to the Work is not intended to encompass any changes or improvements that relate to any compliance matters (whether known or unknown) that are not directly related to the installation of the Improvement Measures or which have been imposed or enforced because of the occasion or opportunity of review by any governmental authority. GustGmeF shall he RAM—.1 Sewwew GF PF969_A an- -of the ImpFGvement MeaswF96, the USS thWeGf GF payments d, -a ta jGI undSF this AgFeement, a-ther than taxes upon the net ingGme of -1Q. G-1-16-AGIMSF shall also be reepGnsible-4GIF 7. WARRANTY. JCI will perform the Work in a professional, workman -like manner. JCI will promptly re -perform any non -conforming Work for no charge, as long as Customer provides written notice to JCI within one (1) year following Substantial Completion or such other period identified in Schedule 1. If JCI installs or furnishes goods Performance Contract (Rev 15) Johnson Controls, Inc. — Proprietary 0 2008 Johnson Controls, Inc. or equipment under this Agreement, and such goods or equipment is covered by an end-user warranty from their manufacturer, JCI will transfer the benefits of such warranty to Customer. The foregoing remedy with respect to the Work, together with any remedy provided by goods or equipment manufacturers, shall be Customer's sole and exclusive remedies for warranty claims. Customer agrees that the one (1) year period following Substantial Completion, or such other period identified in Schedule 1, shall be a reasonable time for purposes of submitting valid warranty claims with respect to the Work. These exclusive remedies shall not have failed of their essential purpose so long as JCI transfers the benefits of any goods or equipment end-user warranty to Customer and remains willing to re -perform any non -conforming Work for no charge within the one (1) year period described above or such other period identified in Schedule 1. NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE PROVIDED BY JCI. This warranty does not extend to any Work that has been abused, altered, or misused, or repaired by Customer or third parties without the supervision or prior written approval of JCI. Except with respect to goods or equipment manufactured by JCI and furnished to Customer hereunder, for which JCI shall provide its express written manufacturer's warranty, JCI shall not be considered a merchant or vendor of goods or equipment. 8. CLEANUP. JCI shall keep the premises and the surrounding area free from accumulation of waste materials or rubbish caused by the Work and, upon completion of the Work, JCI shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials. Grounds must be restored to their original condition or better upon completion of the Work. 9. SAFETY; COMPLIANCE WITH LAWS. JCI shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work and M&V Services. Earth a JCI and-GustGmer-shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities (collectively, "Laws") in connection with its performance hereunder. 10. ASBESTOS -CONTAINING MATERIALS AND OTHER HAZARDOUS MATERIALS. Asbestos -Containing Materials: Neither party desires to or is licensed to undertake direct obligations relating to the identification, abatement, cleanup, control, removal or disposal of asbestos -containing materials ("ACM"). Consistent with applicable Laws, Customer shall supply JCI with any information in its possession relating to the presence of ACM in areas where JCI undertakes any Work or M&V Services that may result in the disturbance of ACM. It is JCI's policy to seek certification for facilities constructed prior to 1982 that no ACM is present, and Customer shall provide such certification for buildings it owns, or aid JCI in obtaining such certification from facility owners in the case of buildings that Customer does not own, if JCI will undertake Work or M&V Services in the facility that could disturb ACM. If either Customer or JCI becomes aware of or suspects the presence of ACM that may be disturbed by JCI's Work or M&V Services, it shall promptly stop the Work or M&V Services in the affected area and notify the other. As between Customer and JCI, Customer shall be responsible at its sole expense for addressing the potential for or the presence of ACM in conformance with all applicable Laws and addressing the impact of its disturbance before JCI continues with its Work or M&V Services, unless JCI had actual knowledge that ACM was present and acted with intentional disregard of that knowledge in which case (i) JCI shall be responsible at is sole expense for remediating areas impacted by the disturbance of the ACM, and (ii) Customer shall resume its responsibilities for the ACM after JCI's remediation has been completed. Other Hazardous Materials: JCI shall be responsible for removing or disposing of any Hazardous Materials (as defined below) that it uses in providing Work or M&V Services ("JCI Hazardous Materials") and for the remediation of any areas impacted by the release of JCI Hazardous Materials. For other hazardous materials that may be otherwise present at Customer's facilities ("Non -JCI Hazardous Materials"), Customer shall supply JCI with any information in its possession relating to the presence of such materials if their presence may affect JCI's performance of the Work or M&V Services. If either Customer or JCI becomes aware of or suspects the presence of Non -JCI Hazardous Materials that may interfere with JCI's Work or M&V Services, it shall promptly stop the Work or M&V Services in the affected area and notify the other. As between Customer and JCI, Customer shall be responsible at its sole expense for removing and disposing of Non -JCI Hazardous Materials from its facilities and the remediation of any areas impacted by the release of Non -JCI Hazardous Materials, unless JCI had actual knowledge that Non -JCI Hazardous Materials were present and acted with intentional disregard of that knowledge, in which case (i) JCI shall be responsible at its sole expense for the remediation of Performance Contract (Rev 15) Johnson Controls, Inc. — Proprietary ® 2008 Johnson Controls, Inc. 3 any areas impacted by its release of such Non -JCI Hazardous Materials, and (ii) Customer shall remain responsible at its sole expense for the removal of Non -JCI Hazardous Materials that have not been released and for releases not resulting from JCI's performance of the Work or M&V Services. For purposes of this Agreement, "Hazardous Materials" means any material or substance that, whether by its nature or use, is now or hereafter defined or regulated as a hazardous waste, hazardous substance, pollutant or contaminant under applicable Law relating to or addressing public and employee health and safety and protection of the environment, or which is toxic, explosive, corrosive, flammable, radioactive, carcinogenic, mutagenic or otherwise hazardous or which is or contains petroleum, gasoline, diesel, fuel, another petroleum hydrocarbon product, or polychlorinated biphenyls. Hazardous Materials specifically includes mold and lead-based paint and specifically excludes ACM. JCI shall have no obligations relating to the identification, abatement, cleanup, control, removal, or disposal of mold, regardless of the cause of the mold. 11. CHANGE ORDERS. The parties, without invalidating this Agreement, may request changes in the Work to be performed under this Agreement, consisting of additions, deletions, or other revisions to the Work ("Change Orders"). The price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted in accordance with the Change Order. Such adjustments shall be determined by mutual agreement of the parties. JCI may delay performance until adjustments arising out of the Change Order are clarified and agreed upon. Any Change Order must be signed by an authorized representative of each party. If concealed or unknown conditions are encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work, price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee shall be equitably adjusted. Claims for equitable adjustment may be asserted in writing within a reasonable time from the date a party becomes aware of a change to the Work by written notification. Failure to promptly assert a request for equitable adjustment, however, shall not constitute a waiver of any rights to seek any equitable adjustment with respect to such change. 12. CUSTOMER FINANCING; TREATMENT; TAXES. The parties acknowledge and agree that JCI is not making any representation or warranty to Customer with respect to matters not expressly addressed in this Agreement, including, but not limited to: (a) Customer's ability to obtain or make payments on any financing associated with paying for the Improvement Measures, related services, or otherwise; (b) Customer's proper legal, tax, accounting, or credit rating agency treatment relating to this Agreement; and (c) the necessity of Customer to raise taxwwater and wastewater rates or seek additional funding for any purpose. Customer is solely responsible for its obligations and determinations with respect to the foregoing matters. In addition, the parties acknowledge and agree that Customer shall be responsible to comply, at its cost and expense, with all Laws that may be applicable to it relating to performance contracting, including, without limitation, any requirements relating to the procurement of goods and/or services and any legal, accounting, or engineering opinions or reviews required or obtained in connection with this Agreement. Performance Contract (Rev 15) Johnson Controls, Inc. — Proprietary ® 2008 Johnson Controls, Inc. 4 R W00.110 10.100-100 100 .0110 11. CHANGE ORDERS. The parties, without invalidating this Agreement, may request changes in the Work to be performed under this Agreement, consisting of additions, deletions, or other revisions to the Work ("Change Orders"). The price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee, shall be equitably adjusted in accordance with the Change Order. Such adjustments shall be determined by mutual agreement of the parties. JCI may delay performance until adjustments arising out of the Change Order are clarified and agreed upon. Any Change Order must be signed by an authorized representative of each party. If concealed or unknown conditions are encountered at the project, differing from the conditions represented by Customer in the bid documents or otherwise disclosed by Customer to JCI prior to the commencement of the Work, price and payment terms, time for performance and, if necessary, the Assured Performance Guarantee shall be equitably adjusted. Claims for equitable adjustment may be asserted in writing within a reasonable time from the date a party becomes aware of a change to the Work by written notification. Failure to promptly assert a request for equitable adjustment, however, shall not constitute a waiver of any rights to seek any equitable adjustment with respect to such change. 12. CUSTOMER FINANCING; TREATMENT; TAXES. The parties acknowledge and agree that JCI is not making any representation or warranty to Customer with respect to matters not expressly addressed in this Agreement, including, but not limited to: (a) Customer's ability to obtain or make payments on any financing associated with paying for the Improvement Measures, related services, or otherwise; (b) Customer's proper legal, tax, accounting, or credit rating agency treatment relating to this Agreement; and (c) the necessity of Customer to raise taxwwater and wastewater rates or seek additional funding for any purpose. Customer is solely responsible for its obligations and determinations with respect to the foregoing matters. In addition, the parties acknowledge and agree that Customer shall be responsible to comply, at its cost and expense, with all Laws that may be applicable to it relating to performance contracting, including, without limitation, any requirements relating to the procurement of goods and/or services and any legal, accounting, or engineering opinions or reviews required or obtained in connection with this Agreement. Performance Contract (Rev 15) Johnson Controls, Inc. — Proprietary ® 2008 Johnson Controls, Inc. 4 13. INSURANCE. JCI shall maintain insurance in amounts no less than those set forth below in full force and effect at all times until the Work has been completed, and shall provide a certificate evidencing such coverage promptly following Customer's request therefor. COVERAGES LIMITS OF LIABILITY Workmen's Compensation Insurance or self insurance, Statutory including Employer's Liability Commercial General Liability Insurance $5,000,000 Per Occurrence $5,000,000 Aggregate Comprehensive Automobile Liability Insurance $5,000,000 Combined Single Limit The above limits may be obtained through primary and excess policies, and may be subject to self-insured retentions. Customer shall be responsible for obtaining builder's risk insurance coverage for the Improvement Measures and shall at all times be responsible for any loss or casualty to the Improvement Measures. Customer shall also maintain insurance coverage, of the types and in the amounts customary for the conduct of its business, throughout the term of this Agreement. 14. INDEMNIFICATION. , with FespeGt te any MOM PaFty Glaim alleging bodily death, OF PFGpeFty daMage tG the e)deRt AgFeee+�#JCI shall save harmless Customer from all claims and liability due to activities of JCI, its agents or employees performed under this Agreement and which result from an error, omission or negligent act of JCI or any person employed by JCI. JCI shall also save harmless Customer from any and all reasonable and documented attorneys' fees. which Customer incurs in litigation resisting such claims or liability which might imposed on Customer as a result of such activities by JCI, its agents or employees. 15. LIMITATION OF LIABILITY. NEITHER JCI NOR CUSTOMER WILL BE RESPONSIBLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE, PUNITIVE, EXEMPLARY, LOSS OF PROFITS OR REVENUE, LOSS OF USE, OR SIMILAR DAMAGES, REGARDLESS OF HOW CHARACTERIZED AND REGARDLESS OF A PARTY HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSSES OR RELIEF, ARISING IN ANY MANNER FROM THIS AGREEMENT, THE WORK, THE IMPROVEMENT MEASURES, THE PREMISES, THE M&V SERVICES, OR OTHERWISE. WITHOUT LIMITING JCI'S EXPRESS OBLIGATIONS UNDER THE ASSURED PERFORMANCE GUARANTEE, JCI'S LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, SHALL IN NO EVENT EXCEED THE AMOUNT OF THE PAYMENTS ACTUALLY RECEIVED BY JCI UNDER SCHEDULE 4. If this Agreement covers fire safety or security equipment, Customer understands that JCI is not an insurer regarding those services, and that JCI shall not be responsible for any damage or loss that may result from fire safety or security equipment that fails to prevent a casualty loss. The foregoing waivers and limitations are fundamental elements of the basis for this Agreement between JCI and Customer, and each party acknowledges that JCI would not be able to provide the work and services contemplated by this Agreement on an economic basis in the absence of such waivers and limitations, and would not have entered into this Agreement without such waivers and limitations. 16. FORCE MAJEURE. Neither party will be responsible to the other for damages, loss, injury, or delay caused by conditions that are beyond the reasonable control, and without the intentional misconduct or negligence of that party. 'Such conditions (each, a "Force Majeure") include, but are not limited to: acts of God; acts of Government agencies; strikes; labor disputes; fires; explosions or other casualties; thefts; vandalism; riots or war; acts of terrorism; electrical power outages; interruptions or degradations in telecommunications, computer, or electronic communications systems; changes in Laws; or unavailability of parts, materials or supplies. 17. JCI'S PROPERTY. All materials #Dished OF used by JCI personnel and/or JCI authorized subcontractors or agents for installation purposes, including documentation, schematics, test equipment, Performance Contract (Rev 15) Johnson Controls, Inc. — Proprietary 0 2008 Johnson Controls, Inc. 5 software and associated media remain the exclusive property of JCI or such other third party. Customer agrees not to use such materials for any purpose at any time without the express authorization of JCI. Customer agrees to allow JCI personnel and/or JCI authorized subcontractors or agents to retrieve and to remove all such materials remaining after installation or maintenance operations have been completed. Customer acknowledges that any software furnished in connection with the Work and/or M&V Services is proprietary and subject to the provisions of any software license agreement associated with such software. 18. DISPUTES. JCI and Customer will attempt to settle any controversy, dispute, difference, or claim between them concerning the performance, enforcement, or interpretation of this Agreement (collectively, "Dispute") through direct discussion in good faith, but if unsuccessful, will submit any Dispute to non-binding mediation in efferson County. If the parties are unable to agree on a mediator or a date for mediation, either party may request dAM6;4As-the Jefferson County Bar Association Mediation Center to appoint a mediator and designate the time and procedure for mediation. Such mediator shall be knowledgeable, to each party's reasonable satisfaction, with respect to matters concerning construction law. Neither JCI nor Customer will file a lawsuit against the other until not less than sixty (60) days after the mediation referred to herein has occurred, unless one or both parties is genuinely and reasonably concerned that any applicable statute of limitations is on the verge of expiring. 10 AND WER r_,TQ_ AC- Kh' rEPS TW AT TWIS WAIVER 18 A A4.ATr_,RI A.I­ IND -1-112- EIIIA­ 1 T. TO ENTER INTO A IG IhI BUSINESS RELATIONSHIP, T -144T 0—ACOW WARS RELIED GN THIS- WAIVr_,R IN rMINITERIK. -0 T..W. I R IT' IDC Dr. IANC I IAIIIGD TIJIC AG -IRR \ARNT 19. GOVERNING LAW. This Agreement and the construction and enforceability thereof shall be interpreted in accordance with the laws of the state where the Work is conducted. 20. CONSENTS; APPROVALS; COOPERATION. Whenever Customer's consent, approval, satisfaction or determination shall be required or permitted under this Agreement, and this Agreement does not expressly state that Customer may act in its sole discretion, such consent, approval, satisfaction or determination shall not be unreasonably withheld, qualified, conditioned or delayed, whether or not such a "reasonableness" standard is expressly stated in this Agreement. Whenever Customer's cooperation is required by JCI in order to carry out JCI's obligations hereunder, Customer agrees that it shall act in good faith and reasonably in so cooperating with JCI and/or JCI's designated representatives or assignees or subcontractors. Customer shall furnish decisions, information, and approvals required by this Agreement in a timely manner so as not to delay the performance of the Work or M&V Services. 21. FURTHER ASSURANCES. The parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement. 22. INDEPENDENT CONTRACTOR. The relationship of the parties hereunder shall be that of independent contractors. Nothing in this Agreement shall be deemed to create a partnership, joint venture, fiduciary, or similar relationship between the parties. 23. POWER AND AUTHORITY. Each party represents and warrants to the other that (a) it has all requisite power and authority to execute and deliver this Agreement and perform its obligations hereunder, (b) all corporate, board, body politic, or other approvals necessary for its execution, delivery, and performance of this Agreement have been or will be obtained, and (c) this Agreement constitutes its legal, valid, and binding obligation. 23. SEVERABILITY. In the event that any clause, provision, or portion of this Agreement or any part thereof shall be declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Agreement unless the result would be manifestly inequitable or materially impair the benefits intended to inure to either party under this Agreement. 24. COMPLETE AGREEMENT. It is understood and agreed that this Agreement contains the entire agreement between the parties relating to all issues involving the subject matter of this Agreement. No binding Performance Contract (Rev 15) Johnson Controls, Inc. — Proprietary 0 2006 Johnson Controls, Inc. 0 understandings, statements, promises or inducements contrary to this Agreement exist. This Agreement supersedes and cancels all previous agreements, negotiations, communications, commitments and understandings with respect to the subject matter hereof, whether made orally or in writing. Each of the parties to this Agreement expressly warrants and represents to the other that no promise or agreement which is not herein expressed has been made to the other, and that neither party is relying upon any statement or representation of the other that is not expressly set forth in this Agreement. Each party hereto is relying exclusively on the terms of this Agreement, its own judgment, and the advice of its own legal counsel and/or other advisors in entering into this Agreement. Customer acknowledges and agrees that any purchase order issued by Customer, in accordance with this Agreement, is intended only to establish payment authority, for Customer's internal accounting purposes. No purchase order shall be considered a counteroffer, amendment, modification, or other revision to the terms of this Agreement. No term or condition included in Customer's purchase order will have any force or effect. 25. HEADINGS. The captions and titles in this Agreement are for convenience only and shall not affect the interpretation or meaning of this Agreement. 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one single agreement between the parties. 27. NOTICES. All notices or communications related to this Agreement shall be in writing and shall be deemed served if and when sent by facsimile or mailed by certified or registered mail: to Johnson Controls, Inc. at the address listed on the first page of this Agreement, ATTN: Regional Solutions Manager, with a copy to Johnson Controls, Inc., ATTN: General Counsel — Building Efficiency Americas, 507 East Michigan Street, Milwaukee, Wisconsin, 53202: and to Customer at the address listed on the first page of this Agreement. CITY OF BEAUMONT Signature: JOHNSON CONTROLS, INC. Signature: Printed Name: Printed Name: Title: Title: Date: Date: Performance Contract (Rev 15) Johnson Controls, Inc. — Propnetary ® 2008 Johnson Controls, Inc. 7 11 September 25, 2012 Consider a resolution approving a six month contract for the purchase of asphaltic concrete for use by the Streets and Drainage Division RICH WITH OPPORTUNITY [IEA,UMON* T * E * x • A * s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider approving a resolution awarding a six (6) month contract to APAC-Texas, Inc., for the purchase of asphaltic concrete, in the estimated total amount of $3,136,875. BACKGROUND Bids were requested from four (4) local vendors to provide a six (6) month contract for asphaltic concrete to be used by the Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of a street, while hot laid asphaltic concrete is used for repairs and repaving of larger street sections. It is estimated that approximately 44,000 tons of hot laid asphaltic concrete and 1400 tons of cold laid asphaltic concrete will be used during the term of the contract. The only responding vendor, APAC-Texas submitted a bid as reflected below. Specifications requested unit pricing for both plant pickup by City personnel and job site delivery by the vendor. The bidder met all product requirements specified and has previously held the contract satisfactorily. Unit prices remain the same as in prior contracts, however total value of the contract has increased substantially due to increased street repair activity this year and anticipated work over the next fiscal year. FUNDING SOURCE General Fund and Capital Program. RECOMMENDATION Approval of resolution. Six Mouth Contract for Asphaltic Coumte September 25, 2012 Page 2 The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: Demiptift pbmtpkkw Job Ske >eesy Hot Laid Concrete $65.55hon $72.00/ton Cold Laid Concrete $76.75hon $81.50hon RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of asphaltic concrete for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, APAC-Texas, Inc, of Beaumont, Texas, submitted a bid in the estimated amount of $3,136,875 in the unit amounts shown below: DESCRIPTION PLANT PICKUP JOB SITE DELIVERY Hot Laid Concrete $65.55/ton $72.00/ton Cold Laid Concrete $76.75/ton $81.50/ton ; and, WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas, Inc., 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 APAC-Texas, Inc., for a six (6) month contract for the purchase of asphaltic concrete for the Public Works Department, Streets and Drainage Division, in the estimated amount of $3,136,875 pursuant to the unit amounts shown above be accepted by the City of Beaumont. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with APAC-Texas, Inc. for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames - 12 September 25, 2012 Consider a resolution awarding a bid for replacing windows in the Fire Department Administration building RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • S City Council Agenda Item TO: City council FROM: Kyle Hayes, City Manager Q. PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 25, 2012 REQUESTED ACTION: Council consider approving a resolution awarding a bid to AmeraProducts, Inc., of Beaumont, TX in the amount of $169,724 for replacing windows in the Fire Department Administration building. BACKGROUND Two (2) bids were received on Thursday, September 13, 2012 for finishing all labor, materials, equipment and supplies to replace the windows in the Fire Department Administration Building located at 400 Walnut. The existing single pane glass windows do not meet current windstorm code nor are they energy efficient. During both Hurricanes Rita and Ike, windows on the south and west sides of the building failed resulting in considerable water damage. The windows will be replaced with insulated energy efficient aluminum framed windows rated to withstand hurricane force winds. The replacement windows will match the historical design of the existing windows. The base bid includes replacing all fifteen (15) windows on the second floor of the south and west sides of the building along with four (4) windows on the east side and seven (7) windows on the north side. The selection of windows to be replaced is based on their current condition and the likelihood of experiencing fiurther damage. Up to five (5) additional windows on the east side and ten (10) windows on the north side will be replaced as budgetary constraints allow based on the unit prices shown below. The following bids were received: Unit Coat Per Window Contractor Base Bid Project time Type D Type E Type F Type H 316" 161811 21811151601 316" z 3'6" 3'6" X 5'6" AmemProducts, Inc. $169,724 $2,982 $3,053 $1,824 $2,360 264 days Beaumont, TX N&T Const. Co., Inc. $353,000 $6,358 $7,161 $3,788 $6,031 210 days Beaumont, TX Fire Dept. Window Replacement September 25, 2012 Page 2 Due to the specialized nature of the work to be accomplished, only direct employees rather than sub -contractors will work on this project. AmeraProducts is not certified as an MBE or HUB vendor. FUNDING SOURCE Funds for this project are provided by a U. S. Department of Homeland Security Hazard Mitigation Grant. This grant requires a match of 25% which is available in the Capital Reserve Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for furnishing all labor, material, equipment and supplies to replace the windows in the Fire Department Administration Building located at 400 Walnut; and, WHEREAS, AmeraProducts, Inc., of Beaumont, Texas, submitted a bid in the amount of $169,724 in the unit amounts shown below: ; and, WHEREAS, the City Council is of the opinion that the bid submitted by AmeraProducts, Inc., of Beaumont, Texas, 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 AmeraProducts, Inc., of Beaumont, Texas, for replacing windows in the Fire Department Administration Building in the unit amounts shown above for the estimated amount of $169,724, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with AmeraProducts, Inc., of Beaumont, Texas, for the Unit Cost Per Window Contractor ase BidProject time Type Type Type F Type H TVx 6'8' 2'8" x 5'6' 3'6" x 3'6" '6" x 5'6" AmeraProducts, Inc. $169,724 $2,982 $3,053 $1,824 $2,360 264 days Beaumont, TX N&T Const. Co., Inc. $353,000 $6,358 $7,161 $3,788 $6,031 210 days Beaumont, TX ; and, WHEREAS, the City Council is of the opinion that the bid submitted by AmeraProducts, Inc., of Beaumont, Texas, 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 AmeraProducts, Inc., of Beaumont, Texas, for replacing windows in the Fire Department Administration Building in the unit amounts shown above for the estimated amount of $169,724, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with AmeraProducts, Inc., of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2012. - Mayor Becky Ames -