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HomeMy WebLinkAboutPACKET APR 03 2007 (02)LIJI � L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 3, 2007 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Approve the purchase of uniform jackets for the Police Department B) Approve a contract for wrecker services utilized by various city departments C) Authorize the City Manager to join Jefferson County in approving the Reconfiguration Planning Phase Agreement for the 800 Mhz Reconfiguration D) Amend the City's capitalization policy by which capital assets are defined for financial reporting purposes E) Authorize the City Manager to approve and execute a Memorandum of Understanding between the Federal Bureau of Investigation (FBI) and the Beaumont Police Department related to a Safe Streets Task Force F) Authorize 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 Conn's G) Authorize the City Manager to execute all documents necessary, specifically including a License Agreement in order for the Beaumont Police Department to have a Police Substation at 2150 IH -10 Q .w- City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 26, 2007 REQUESTED ACTION: Council consider the purchase of uniform jackets for the Police Department. RECOMMENDATION Administration recommends the purchase of ninety-three (93) Blauer Supershell #9970-2 jackets from Lone Star Uniforms of Houston at the unit prices indicated below for the estimated total cost of $32,626.20. BACKGROUND Bids were solicited from four (4) authorized distributors of Blauer brand police uniform products. The Blauer Supershell 9970-2 jackets and hoods are made of waterproof, breathable 3 -layer body fluid and chemical resistant fabric. The jackets are trimmed with reflective materials enhancing officer safety at night. Prices were requested for sizes X -Small to 5X -Large in regular length and long. Two (2) vendors submitted pricing as follows: Qty Description Lone Star Uniforms Houston, TX Miller Uniforms Austin, TX Unit Total Unit Total 93 Sizes X -Small to 3X -Large $ 344.80 $ 32,066.40 $ 460.00 $ 42,780.00 25 Add for Long 0.00 0.00 0.00 0.00 3 Add for 4X -Large 102.20 306.60 253.20 759.60 1 Add for 5X -Large 253.20 253.20 253.20 253.20 TOTAL: $ 32,626.20 $ 43,792.80 Purchase Police Jackets March 26, 2007 Page 2 This purchase completes outfitting each officer assigned to Patrol with a new jacket. Two (2) previous purchases were made in October and December 2006 of sixty-four(64) and nine (9)jackets, respectively. The j ackets were $344.80 each and the combined orders totaled $25,170.40. Onlysizes X -Small to 3X -Large were ordered. These orders were funded by the Buffer Zone Protection Plan Program (BZPP) grant through the U.S. Department of Homeland Security Office of Domestic Preparedness. BUDGETARYIMPACT Funding will be provided for the purchase of ninety-three (93) jackets for the estimated total cost of $32,626.20 by the 2006 Law Enforcement Terrorism Prevention Program (LETPP) Grant through the Homeland Security Grant Program administered by the Governor's Division of Emergency Management which requires no matching funds. RESOLUTION NO. WHEREAS, bids were received for the purchase of ninety-three(93) uniform jackets for the Police Department; and, WHEREAS, Lone Star Uniforms, Houston, Texas, submitted a bid for ninety-three (93) Blauer Supershell #9970-2 jackets in the unit prices shown below for an estimated total cost of $32,626.20: Qty Description Unit Total 93 Sizes X -Small to 3X -Large $ 344.80 $ 32,066.40 25 Add for Long 0.00 0.00 3 Add for 4X -Large 102.20 306.60 1 Add for 5X -Large 253.20 253.20 TOTAL: $ 32,626.20 ; and, WHEREAS, City Council is of the opinion that the bid submitted by Lone Star Uniforms, Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Lone Star Uniforms, Houston, Texas, for the purchase of uniform jackets for the Police Department in the unit prices shown above for an estimated total cost of $32,626.20 be accepted by the City of Beaumont. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - N-1 BEAUMONT,TEXAS rJ TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: REQUESTED ACTION: City Council Agenda Item City Council Kyle Hayes, City Manager Max Duplant, Chief Financial Officer April 3, 2007 March 28, 2007 Council approval of a contract for wrecker services for the Fleet Management and Code Enforcement Divisions, and the Police Department. RECOMMENDATION Administration recommends awarding an annual contract for wrecker services to TNT Wrecker Services of Beaumont at the unit costs reflected on the attached bid tabulation with an estimated annual expenditure of $30,137.50 BACKGROUND The contract specifies that the successful bidder shall provide assorted wrecker services at fixed unit costs for one (1) year from date of award. Vehicles to be transported include disabled City -owned vehicles for Fleet Management, impounded or seized vehicles for the Police Department, and inoperable, wrecked, or junked vehicles for Code Enforcement. Twelve (12) vendors were notified with three (3) submitting bids as indicated on the attached bid tabulation. TNT Wrecker Services held the previous contract for towing City -owned vehicles for Fleet Management. Their current bid prices are the same as those from the previous contract. Spanky's Wrecker Service had the previous contract for the Code Enforcement towing. Spanky's previous rates were $19.90 for light towing and $175 for heavy towing. Neff Brothers was the previous contracted towing service for the Police Department's seized vehicles with a price of $39 for light towing and $119 for heavy towing. BUDGETARYIMPACT Funds are available for this expenditure in user departments' operating budgets. c O E m m m c a ma V Ln fA O 0 00 000 �oo0 0 Ouim000 m 000 LO IN 0 r• c0 o V) to V to o u) r. NtN BONN cNON r- a�6,� 6s� a;�ns� 0 0l I 00!0000 0 00 0,0 o a`vei oa�� moui Lf) C%j�rio m CN LO �Ef3jER�ER� � � ERr� iii = I = 00 00 000 0'0'''0 0 00 00 000 000 0 moo O�ci m0oo m 000 ui warn �lo Ca�� nu�o�n � r• o r. �n v ui ai co D. EA N d 6A 6:3 4. N ER N V) fp X y 6n, W. w � O p ~ I � ` O H m E--- -- - 0 0 0 0 0 0 0 C) � 0 0 0 0 0 0 0 O O O O O m 0140-i qt MCi � 00 O O; Zm V'VN�ItI'N� r vM�i Vr LO 1 `. E9 r ER EA 6R 6R ER •` ER �- L 6R N a `� j � j a , 61) IL , i ! 0a oN o00 o0g a m U) t,- O N m 0 to 1p m 0 0 Jo r: V r (O O O ct� O O O M M vN O •c O O'/ �T 'G w Cl t0 e- Ia. V - E9 �N{9 la��� W ��~ pi OI - -I - --.. N E 0 0 0 0 0 0 0 O 0 0 O CD m O I Il CL CL m �LOOOau�o 0 0� o0 O L mN mr OtO�r OYO C) mr aw m 00 N mI '00 'M'- EORI `�� `ENR , C j ci C Vi N ui - N ! �- > I N iT w j'z n• c I �� m 'w I ! I �. t j U Q ! >, ��" j WO ~ V m rn(D•v�� rLL(D m° my OAF w L c�'-tr 3 cU It M ms m D cm 4) rn2) o m m �m ` o>m. CD ,.;-� � � m Ems! c• ,z p�x,_ Vic mrncm0U)oCc, prn = uM = .� LL � G c a a o o �c m c c c c �Wp c c c -- moot -o o - oHt°-ro olam-F°41 -® o W U�� ZC9.. mi -F -»aa o z N a� yr m E Lu :2 v = =i jl� Q H O Z O M L o O m c C) � M O I m m z 0 G W mjM N131 i 0 ml't �-- 3 v,MjNl� a m `m m -I t- v) ;i-° v� li-° E°-1 RESOLUTION NO. WHEREAS, bids were received for a contract for wrecker services for the Fleet Management and Code Enforcement Divisions and the Police Department; and, WHEREAS, TNT Wrecker Services, Beaumont, Texas, submitted a bid in the unit amounts as shown on Exhibit "A" for an estimated annual amount of $30,137.50; and, WHEREAS, City Council is of the opinion that the bid submitted by TNT Wrecker Services, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by TNT Wrecker Services, Beaumont, Texas, for an annual contract for wrecker services for the Fleet Management and Code Enforcement Divisions and the Police Department in the unit amounts as shown on Exhibit "A" for an estimated annual amount of $30,137.50 be accepted by the City of Beaumont. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - ANNUAL CONTRACT FOR WRECKER SERVICES EST. QTY. DESCRIPTION TNT Wrecker Services Beaumont, TX Section I - Fleet Mgmt. Unit Price Total Price 330 Towing - light duty $37.50 $12,375.00 65 Towing - heavy duty $99.501 $6,467.50 Jump start - light duty $25.00 $35.00 $37.50 $99.50 $10.00 $60.00 $1,200.00 Jump start - heavy duty Pull out - light duty Pull out - light duty Work time (1/10 hour) Cost for Towing from the Fleet Management Facility to Philpott Ford 20 or JK Chevrolet Total Bid - Section 1 $20,042.50 Section II - Police Department Unit Price Total Price 40 ::[Towing:-: Light Duty 1 $37.50 $1,500.00 10 1 Towing - Heavy Du $99.501 $995.00 Total Bid - Section II $2,495.00 Section III - Code Enforcement Division Unit Price Total Price 330 Towing - Light duty $20.00 $6,600.00 20 Towing- Heavydu $50.00 $1,000.00 Total Bid - Section III $7,600.00 Total Bid Amount $30,137.50 EXHIBIT "A" c City of Beaumont �Z c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 28, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to join with Jefferson County in approving the Reconfiguration Planning Phase Agreement for the 800 Mhz Reconfiguration RECOMMENDATION The Administration recommends approval of authorizing the City Manager to join with Jefferson County in approving the Reconfiguration Planning Phase Agreement that will allow Motorola to provide the services described in the Statement of Work. 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 intend to enter into a 800 Mhz Frequency Reconfiguration Agreement that will define the Parties' respective obligations regarding the Reconfiguration, including without limitation Nextel's obligation to pay for reasonable costs incurred in effecting the Reconfiguration. The Planning Phase is intended to fully plan what is required to reconfigure the 800 Mhz radio system in use by the City. The actual reconfiguration will be handled by a subsequent Implementation Phase. BUDGETARYIMPACT None. Nextel is fully funding all necessary expenditures for the reconfiguration of frequency allocations including outlined expenses incurred by the City of Beaumont. PREVIOUS ACTION Council approved the Planning Funding Agreement at the December 19, 2006 meeting. 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 join Jefferson County in approving and executing the Reconfiguration Planning Phase Agreement for the 800 Mhz Reconfiguration, said agreement substantially in the form attached hereto as Exhibit "A," allowing Motorola to provide the services described in the Statement of Work contained in the Planning Funding Agreement approved by Resolution 06-381. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - Reconfiguration Planning Phase Agreement (Planning Phase Services Only; No Equipment, Software, or Implementation Phase Services) Motorola, Inc. ("Motorola") and City of Beaumont and Jefferson County (collectively, "Licensee" or "Customer"), whose main address is 620 Marina Dr., Beaumont, TX 77703, enter into this Reconfiguration Planning Phase Agreement ("Agreement"), pursuant to which Licensee will purchase and Motorola will sell the Reconfiguration Planning Phase services described below. Motorola and Licensee may be referred to individually as a "Party" and collectively as the "Parties." This Agreement is made with reference to the following recitals. A. . On August 6, 2004, the FCC issued Report and Order FCC 04-168 that modified its rules governing the 800 MHz band to minimise harmful interference to public safety communications systems. On December 22, 2004, the FCC issued a Supplemental Order and Order on Reconsideration FCC 04-294. The August 6 and December 22, 2004 orders, and any supplemental orders the FCC issues, are collectively referred to as the "Order." B. Pursuant to the Order, certain licensees of 800 MHz channels used in public safety or other systems must relinquish their existing channels and relocate their systems to other licensed channels ("Replacement Channels"). Also pursuant to the Order, Nextel must relinquish some of its existing channels and must provide and pay relocation funds ("Relocation Funds") to enable affected licensees to relocate their systems onto Replacement Channels and reconfigure their systems so that they are "Comparable Facilities" (as defined below). C. The FCC has appointed a Transition Administrator ("TA') to assure that the rebanding initiative proceeds on schedule and in a planned and coordinated manner so that disruption to a licensee's system is minimized. In the TA's published "Reconfiguration Handbook," the two major phases to accomplish the reconfiguration are described as the "Reconfiguration Planning Phase" and the "Reconfiguration Implementation Phase." D. Licensee has selected Motorola to provide Reconfiguration Planning Phase services. For good and valuable consideration, the Parties agree as follows: Section 1 DEFINITIONS In addition to the defined terms above, capitalized terms in this Agreement have the following meanings: 1.1. "Comparable Facilities" means the Licensee's System (including the subscriber radio equipment) have the same operational capabilities that existed before relocation, specifically (1) equivalent channel capacity; (2) equivalent signaling capacity, baud rate, and access time; (3) coextensive geographical coverage; and (4) equivalent operating costs. 1.2. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine - recognizable form, and is marked, designated, labeled or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential or proprietary at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful or negligent act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is, or subsequently becomes, rightfully and without breach of this Agreement, of any other agreement between the Parties or of any applicable protective or similar order, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party. 1.3. "Contract Price" means the price for the selected Reconfiguration Planning Phase services, excluding any applicable sales or similar taxes. 1.4. "Customer Suitability Assessment" means the initial assessment services performed by Motorola to determine whether Licensee's System (infrastructure) is suitable for updating using the Motorola Software that has been especially modified for purposes of the 800 MHz band reconfiguration. Reconfiguration Planning Phase Services Agreement 1 Rev.3.17.06 revision. 3/13/07 EXHIBIT "A" 1.5. "Effective Date" means that date upon which all Parties have executed this Agreement. 1.6. "Force Majeure" means an event, circumstance, or act of a third party (including Nextel and the TA) that is beyond a Party's reasonable control. An act of God, the public enemy, a government entity, or another party . (including another party's failure to comply with the Order ); strikes or other labor disturbances; general unavailability of necessary materials; hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots are examples of a Force Majeure. 1.7. "Motorola Software" means software in object code format that Motorola or its affiliated company owns, including any releases or software kits to reprogram radios. This Agreement does not involve any source code. 1.8. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to any documents delivered by Motorola under this Agreement or any Motorola Software or equipment. 1.9. "Reconfiguration Planning Phase Services" means those services to be provided by Motorola to Licensee under this Agreement; these services are described in the Statement of Work. 1.10. "Statement of Work" means the description of the work to be performed under this Agreement by the Parties. The Statement of Work is set forth in Attachment A-2 and is incorporated herein by this reference. 1.11. "System" means the hardware and software products that comprise the Licensee's existing 800 MHz radio communications system. Section 2 SCOPE OF PLANNING PHASE SERVICES 2.1. SCOPE OF WORK. The Parties will perform their respective contractual responsibilities in accordance with this Agreement. Any changes to this Agreement, including changes to the Statement of Work, must be in writing and executed by both Parties. This Agreement sets forth the Parties' rights and responsibilities with respect to each other concerning the agreed Reconfiguration Planning Phase activities only, and not the Reconfiguration Implementation Phase activities (which, if applicable, will be governed by a separate Reconfiguration Implementation Phase Agreement). Specifically, this Agreement does not involve the provision by Motorola of any equipment, hardware, or software, or any services to reconfigure the System or any part of it. This Agreement sets forth the Parties' rights and responsibilities with respect to each other concerning only those Reconfiguration Planning Phase activities covered by the Order, and not the sale of products or services (or any other activities) that are not part of the 800 MHz Band Reconfiguration process. If the Parties wish to contract for these other activities, they will do so pursuant to a separate contract. 2.2. MOTOROLA RESPONSIBILITIES. Motorola will provide the Reconfiguration Planning Phase Services as described in the Statement of Work. 2.3. LICENSEE RESPONSIBILITIES. At the appropriate time, Licensee will submit its Request for Planning Funding, any required certifications, and any amendments thereto (if applicable) to Nextel and the TA. For the limited purpose of assisting Nextel and the TA to evaluate Licensee's Request for Planning Funding, Motorola authorizes Licensee to (and Licensee will) provide to the TA and Nextel a copy of this Agreement, including the exhibits and pricing, but such information is and remains Motorola Confidential and Proprietary as provided below in Section 9 (and pursuant to Non -Disclosure Agreements Motorola has with Nextel and the TA). Licensee will employ commercially reasonable efforts to assist Motorola in providing the Reconfiguration Planning Phase services, and will provide reasonable access to Licensee's equipment, facilities, personnel and relevant information. Licensee will designate a point of contact person. 2.4. LICENSEE-NEXTEL RELATIONSHIP. The TA's Reconfiguration Handbook indicates that Licensee and Nextel will form a "Planning Funding Agreement" and/or a "Frequency Reconfiguration Agreement" (collectively referred to as "FRA") which, among other things, sets forth Nextel's obligation to pay the Relocation Funds. The Reconfiguration Handbook encourages a payment process by which Nextel pays Relocation Funds directly to Reconfiguration Planning Phase Services Agreement 2 Rev.3.17.06 revision.3/13/07 Licensee's selected vendors; and Licensee will ensure that its FRA provides for direct payment by Nextel to Motorola. Promptly after execution of the FRA, Licensee will provide to Motorola a copy of those portions of the FRA that pertain to Motorola's services, products, pricing and payment, including Attachment C to the FRA (redacted if necessary to exclude information not pertaining to Motorola). 2.5. OTHER SERVICES. Nothing in this Agreement is intended to prevent or hinder Motorola from contracting to perform or performing for Licensee any Reconfiguration Implementation Phase services, or any other kind of services, or selling any equipment or software. Nothing in this Agreement is intended to prevent or hinder Motorola from contracting to perform or performing for other Licensees Reconfiguration Planning Phase services, Reconfiguration Implementation Phase services, or any other kind of services, or selling any equipment or software. Section 3 PERFORMANCE SCHEDULE The Parties will perform their respective responsibilities in a reasonably diligent manner, taking into consideration the procedures and processes established in the Reconfiguration Handbook. The Parties acknowledge that any scheduled performance dates are estimates only, and various factors (such as resource availability) may cause the scheduled performance dates to change or be delayed. No Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party will notify the other if it becomes aware of a Force Majeure that will significantly delay performance. The notifying Party will give the notice promptly after it discovers the Force Majeure. Section.4 CONTRACT PRICE, PAYMENT AND INVOICING 4.1. CONTRACT PRICE; NON-RECOURSE TO LICENSEE. 4.1.1. Contract Price. The Contract Price for Reconfiguration Planning Phase Services in U.S. dollars is $67,023.00. Except for reimbursable travel and related expenses and any changes to the Reconfiguration Planning Phase Services caused by mutually executed change orders, this price is a firm, fixed price. The Contract Price excludes any sales or other taxes, all of which will be added to the invoices and paid except as exempt by law. 4.1.2. Licensee Not -Liable for -Contract -Price. -Payment of the Contract -Price -and -any applicable taxes is to come from Nextel, and not Licensee. If Nextel fails to pay Motorola, Licensee shall not be liable to pay Motorola the Contract Price or applicable taxes. Notwithstanding the above, if Nextel pays the Contract Price and any applicable taxes to Licensee rather than to Motorola, Licensee will immediately forward the payment to Motorola. Motorola agrees to accept direct payments from Nextel if they are unconditionally made and if Nextel clearly identifies the applicable Motorola invoice. Motorola further agrees to apply these direct payments from Nextel to the Contract Price. 4.1.3. Motorola's Protections Concerning Payment by Nextel. Licensee hereby assigns to Motorola all of Licensee's rights (including those under the FRA) to receive payment from Nextel for the Contract Price and any applicable taxes as described above in Section 4.1.1; this assignment includes Licensee's rights to (i) make a claim against the Letters of Credit that Nextel has obtained to secure its obligations to pay Relocation Funds and (ii) resolve disputes using the Transition Administrator's ADR procedures. If requested by Motorola, Licensee will execute necessary documents to effectuate this assignment provision and will take all such actions that are reasonable or necessary to promote the prompt payment by Nextel to Motorola. 4.2. INVOICING, PAYMENT MILESTONES, AND PAYMENT. 4.2.1. Invoicine. Motorola will submit correct invoices to Licensee, with a copy to Nextel, in accordance with the pre -approved payment milestones set forth as Attachment A-1. Licensee's contact person and address for invoice purposes are: Licensee may change this contact person or address by written notice to Motorola. Upon receipt of an invoice, Licensee will promptly (but in no event longer than seven (7) calendar days) inspect the invoice, verify whether it correctly states the payment milestone, and notify Nextel in writing (via facsimile or priority overnight carrier) that Licensee approves the invoice and accepts the milestone (the "Approval Notification"). Licensee will attach a copy of the invoice to the Approval Notification. When Licensee sends to Nextel the Approval Notification, Licensee will concurrently Reconfiguration Planning Phase Services Agreement 3 Rev.3.17.06 revision.3/13/07 provide to Motorola's project manager a copy of the Approval Notification so that Motorola may know approximately when Nextel receives it. If for any reason Licensee disapproves the invoice, Licensee will promptly give written notice to both Motorola and Nextel; the notice will explain the reasons for Licensee's disapproval. Motorola will promptly correct any inaccurate invoice that Licensee disapproves, and resubmit the corrected invoice using the same process as described above in this paragraph. 4.2.2. Payment Due Date. Unless otherwise agreed between Nextel and Motorola, payment to Motorola for approved invoices is due thirty (30) days from the date Nextel receives the Approval Notification from Licensee. Motorola's Federal Tax Identification Number is 36-1115800. 4.2.3. Mutual Cooperation. The Parties will cooperate with each other and provide to each other, and to Nextel and the Transition Administrator, such information (other than Confidential Information, which is governed by Section 9.1) as is reasonable or necessary to facilitate the prompt payment of the Contract Price to Motorola. Section 5 REPRESENTATIONS AND WARRANTIES 5.1. RECONFIGURATION PLANNING PHASE SERVICES WARRANTY. For thirty (30) days from the completion of the Reconfiguration Planning Phase Services, Motorola warrants that these services were performed in a good and workmanlike manner. This services warranty does not cover any services or duties performed or owed by Nextel, Licensee, or any other contractor hired by them. Motorola does not warrant that Licensee's System will be Comparable Facilities after the reconfiguration work is completed. 5.2. WARRANTY CLAIMS. To assert a warranty claim, Licensee must notify Motorola in writing of the claim before the date which is thirty (30) calendar days after the expiration of the warranty period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at no additional charge to Licensee) re -perform the Reconfiguration Planning Phase services. This action will be the full extent of Motorola's liability hereunder and constitutes Licensee's sole remedy. If this investigation indicates the warranty claim is invalid or "out of scope," then Motorola may invoice Licensee for responding to the claim on a time and materials basis using Motorola's then current labor rates. Notwithstanding any reimbursement claim Licensee may have against the Relocation Funds, Licensee will pay the invoice for invalid warranty claims -within thirty (30) daysfrom the invoice date. - 5.3. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original end user and are not assignable or transferable. 5.4. POTENTIAL DAMAGE TO EXISTING EQUIPMENT. Licensee acknowledges that Motorola, Licensee's employees, or others might cause damage to equipment that is part of Licensee's System when performing the Reconfiguration Planning Phase Services, and that such damage may occur in the absence of negligence by any party. Motorola is not responsible for damage to equipment unless it is caused by Motorola's negligence, in which case Motorola at its option will repair or replace the damaged equipment or refund its fair market value. Before Licensee asserts a damage claim against Motorola under this section, it will first investigate the cause of the damage and the investigation must result in adequate proof that Motorola is negligent and liable for the damage. This provision does not diminish any rights Licensee might have under any pre-existing Motorola warranty or maintenance agreement. 5.5. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE RECONFIGURATION PLANNING PHASE SERVICES PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. EXCEPT FOR THE FOREGOING WARRANTIES, THE SERVICES ARE PROVIDED "AS IS" AND MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE IS RESPONSIBLE FOR, AND MOTOROLA MAKES NO WARRANTY CONCERNING, THE BACK-UP AND DISASTER RECOVERY PROCEDURES, FACILITIES AND EQUIPMENT, OR DATA ENTRY AND LOADING. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. Reconfiguration Planning Phase Services Agreement Rev.3.17.06 revision.3/13/07 Section 6 DISPUTES The Parties, through their respective project managers, will attempt to settle any dispute arising from this Agreement (except for a claim relating to intellectual property or breach of confidentiality provisions) through consultation and good faith negotiation. The dispute will be escalated to appropriate higher level managers of the Parties, if necessary. Section 7 DEFAULT AND TERMINATION If a Party fails to perform a material obligation under this Agreement, the other Party may consider the non- performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. The defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, to provide a written cure plan. The defaulting Party will begin implementing the cure plan immediately after receipt of notice by the other Party that it approves the cure plan. If Licensee is the defaulting Party, Motorola may stop work on the Agreement until it approves the cure plan. If a defaulting Party fails to cure the default, unless otherwise agreed in writing, the non -defaulting Party may terminate any unfulfilled portion of this Agreement and the defaulting Party will promptly return to the non -defaulting Party any of its Confidential Information. The non - defaulting Party will mitigate damages. Section 8 LIMITATION OF LIABILITY Licensee acknowledges that the limitations in this Section are integral to the Contract Price being charged by Motorola under this Agreement, and that if Motorola assumed further liability other than as set forth in this Section 8, the Contract Price would be substantially higher. This limitation of liability provision applies notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, contribution, or otherwise, will be limited to the direct damages incurred by Licensee and recoverable under law, but not to exceed the Contract Price. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA (AND ITS SUBCONTRACTORS AND SUPPLIERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, - SHAREHOLDERS; -AGENTS AND REPRE-SENTA-'IVES) WILL NOT BE LIABLE TO LICENSEE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS, OPPORTUNITIES OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT .(REGARDLESS OF THE FORM OF ACTION), THE SALE OR USE OF PRODUCTS, EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. ALL CLAIMS BY A PARTY AGAINST ANOTHER PARTY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, MUST BE BROUGHT WITHIN TWO YEARS FROM THE DATE THE CAUSE OF ACTION ACCRUES. Section 9 CONFIDENTIALITY AND PROPRIETARY RIGHTS 9.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the Parties may provide Confidential Information to each other. Any inventory report or Customer Suitability Assessment report concerning Licensee's System, and any other document concerning the reconfiguration of Licensee's System that Motorola prepares specifically for and is a promised deliverable to Licensee under this Agreement (collectively, "Documentary Deliverable") shall be the Confidential Information of Licensee unless otherwise agreed by the Parties in writing. 9.1.1. Non -Disclosure. Each Party will: maintain the confidentiality of the other Party's Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of Confidential Information to its employees who have a "need to know" and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who have access to it that it is confidential and not to be disclosed to others, but those precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care. The Reconfiguration Planning Phase Services Agreement 5 Rev.3.17.06 revision.3/13/07 confidentiality restrictions and obligations contained herein shall be in addition to any confidentiality restrictions or obligations contained in any other agreement (whether prior to, contemporaneous or subsequent to the date of this Agreement) between Motorola on the one hand and the TA, Nextel or Licensee on the other hand, as well any protective order or confidentiality restrictions or rules issued by the FCC or the TA. 9.1.2. Use. Unless otherwise provided in this Agreement, a Party may use the Confidential Information of the other Party only in furtherance of the performance of this Agreement or any other agreement between the Parties. Notwithstanding the preceding sentence, Motorola may use the information in any Documentary Deliverable for its own business purposes or to assist Licensee or its other contractors or consultants in the overall effort to plan and reconfigure Licensee's System. Except for a Documentary Deliverable, Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is hereby given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement or any other agreement between the Parties. 9.2. PRESERVATION OF MOTOROLA'S PROPRIETARY RIGHTS. Motorola owns and retains all of its Proprietary Rights, and nothing in this Agreement is intended to restrict its Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Licensee the services remain vested exclusively in Motorola, and this Agreement does not grant to Licensee any shared development rights of intellectual property. This Agreement does not involve the license of any software. Section 10 GENERAL 10.1 ASSIGNABILITY AND SUBCONTRACTING; WAIVER. No Party may assign this Agreement without the prior written consent of the other Party. Motorola may subcontract any part of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. Failure or delay by a Party to exercise a right or power . under this Agreement will not be a waiver of the right or power. An effective waiver of a. right or power must be in writing signed by the waiving Party and will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 10:2-- -- INDEPENDENT- CONT-RACT-OR-S:- Each Party is an independent -contractor-with respect to the other Party, and a Party and its personnel will not be considered to be employees or agents of the other. Nothing in this Agreement grants a Party the right or authority to make commitments 'of any kind for the other Party. This Agreement will not constitute, create, or in any way be interpreted as a joint venture, partnership or formal business organization of any kind. 10.3 INTERPRETATION OF AGREEMENT. This Agreement, including any attachments, constitutes the entire agreement of the Parties regarding the subject matter of this Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to that subject matter. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of the Parties. The preprinted terms and conditions found on any Licensee purchase order, acknowledgment or other form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs the document. The attachments are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attachments. Section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement is an arm's length transaction and will be fairly interpreted in accordance with its terms and conditions and not for or against a Party. If a court of competent jurisdiction renders any part of this Agreement to be invalid or otherwise unenforceable, it will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid part was not part of this Agreement. This Agreement and the rights and duties of the parties will be governed by and interpreted in accordance with the laws of the State in which the System is installed. 10.4. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Licensee will obtain and comply with all FCC licenses and authorizations required for the installation, operation and use of the System. Reconfiguration Planning Phase Services Agreement 6 Rev.3.17.06 revision.3/13/07 10.5. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. Each Party represents that it is fully aware of the terms contained in this Agreement and has voluntarily entered into this Agreement, having had a full and fair opportunity to seek the advice of counsel and other professionals or consultants as its considers necessary. This Agreement may be executed in separate counterparts, which together constitute a single agreement. 10.6. SURVIVAL OF TERMS. The following provisions survive the expiration or termination of this Agreement for any reason: if any payment obligations exist, all of Section 4 (Contract Price, Payment and Invoicing); Section 6 (Disputes); Section 8 (Limitation of Liability); and Section 9 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 10. The Parties hereby enter into this Agreement as of the Effective Date. Licensee Motorola City of Beaumont By: _ Name: Title: Date: Licensee Jefferson County By - Name: eiva ( [ .,,W cjr-s,r- Title: ('_ y±!!43 7-.A e_ Date: I. .tee 7 Nextel Assigned Deal Number: Reconfiguration Planning Phase Services Agreement Rev.3.17.06 revision.3/13/07 Attachment A-1 Nextel -Motorola Pre -approved Payment Milestone Schedule Depending on the Contract Price set forth in Section 4.1.1, the following payment milestones apply: 1. Contract Price < $300,000 Mobilization 50% Complete Planning Activities 50% 2. Contract Price $300,000 and above Mobilization 40% Complete Suitability Assessment 40% Complete Planning Activities 20% Reconfiguration Planning Phase Services Agreement 8 Rev.3.17.06 revision.3/13/07 Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work Summary of All Costs Pursuant to the FCC's mandated 800 MHz band reconfiguration, the incumbent licensee is required to reconfigure its system and requests that Sprint Nextel fund its estimated system reconfiguration planning costs, as outlined in the table below: Licensee Organization Name: City of Beaumont/Jefferson County Licensee City, State and Zip: Beaumont, TX 77703 (Price excludes sales or other taxes) Page 2 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Summary of All Costs Frequency Analysis Motorola 5,250.00 0.00 5,250.00 System Inventory Motorola Motorola 7,698.00 32,725.00.:: 0.00 0.00 7,698.00 32,725.00 Engineering and Implementation Planning Legal Motorola 0.00 0.00 0.00 Project Management Motorola 21,350.00 0.00 21,350.00 Other Motorola 0.00 0.00 0.00 Total Estimated Planning Costs $67,023.00 $0.06 $67,023.00 Page 2 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work Statement of Work (SOW) Supporting Request for Planning Funds Overview This Statement of Work consists of two major parts. The first part consists of Sections 1.0 through 6.0 which describe the work associated with planning the reconfiguration of your system. These sections, along with the system description table at the end of this SOW, may be included with your Request for Planning Funds submittal to Sprint Nextel and the Transition Administrator. The second part consists of Sections 7.0 through 13.0 which supports the Agreement with Motorola and should not be submitted as part of your Request for Planning Funds. Motorola has assembled this document, called a Statement of Work (SOW), which provides an overview of activities performed during the initial customer interview, the equipment assessment and the execution of the design phase of the rebanding project. This Statement of Work describes the Reconfiguration Planning and Negotiation Phase Services that Motorola proposes to provide to City of Beaumont/Jefferson County. This SOW is not a detailed reconfiguration specification and is not intended for use in a solicitation for services by City of Beaumont/Jefferson County. The specific details of the system are in the tabularized System Description table at the end of this Statement of Work. 1.0 Performance Schedule Motorola will begin the reconfiguration planning and schedule the first kick off meeting with City of Beaumont/Jefferson County within 45 days after receipt of a Purchase Order and/or a signed contract authorizing the work. A detailed schedule to complete the planning and deliver a fixed price proposal to do the system reconfiguration will be developed as a result of this meeting. Once this schedule is completed it will be agreed to by City of Beaumont/Jefferson County and Motorola and it can be submitted as an addendum to Sprint -Nextel and the Transition Administrator. Provided there are no significant delays it is estimated that the work will be completed in 4.6 months after the kickoff meeting. 2.0 Frequency Analysis 2.1 Co -channel Analysis Motorola will quote and provide co -channel analysis as requested by City of Beaumont/Jefferson County. Page 3 of 21 - 3/14/2007 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or Its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work 2.2 Combiner and Receiver Multi -coupler Suitability Motorola will evaluate the suitability of the licensee's existing combiner equipment impacted by rebanding. Some combiners can readily be adjusted to the new rebanded frequencies, others cannot. Depending on the condition of the equipment, readjustment may not be possible without risking damage to the combiner. In addition, signal loss (decreased coverage) may occur if the new rebanded frequencies are spaced closer than the original frequencies. Combiner cable requirements also need to be considered based on the Licensee's cutover plan. Additionally, Motorola will analyze the impact the new frequency plan will have on City of Beaumont/Jefferson County's existing multi -coupler systems and determine if retuning or replacement is necessary. Motorola will evaluate these potential issues as part of the combiner suitability assessment. 2.3 Intermodulation Study IM Study - Motorola will perform inter -modulation study to identify possible harmful RF emissions and interactions at each site affected by rebanding. Motorola will provide a report and recommendation to City of Beaumont/Jefferson County. If the proposed frequencies cannot be effectively used at the appropriate sites, Motorola will notify City of Beaumont/Jefferson County. See Exh#bit A-2 at end of this document for fitrtl er information: 2.4 Other Frequency Analysis Motorola will quote and provide additional frequency analysis services as requested by City of Beaumont/Jefferson County. Frequency Analysis deliverables include: Page 4 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Vendor Labor Table Statement of Work 3.0 System Inventory 3.1 Infrastructure Inventory Motorola will conduct an inventory of City of Beaumont/Jefferson County's equipment. This inventory will be used to determine the suitability of the equipment and system design effort for rebanding. Motorola understands the inventory and design effort will take place on an operational radio communications system and that unplanned interruptions to dispatch operations are not acceptable. Motorola, with its network of authorized service centers and/or third -party subcontractors, will do everything possible to minimize disruption to dispatch operations. Any required changes to daily operations will be planned in advance and agreed upon by City of Beaumont/Jefferson County and all applicable parties. Based on this preliminary information about your system inventory listed below, a price was developed for planning the system Rebanding process. This information is based on Motorola's understanding of City of Beaumont/Jefferson County's system. Any significant variance to this inventory information which results in a scope of work or schedule change will need to be addressed via a change order. The inventory services are limited to the equipment specifically affected by rebanding for City of Beaumont/Jefferson County's system. Please refer to the System Description for unverified inventory estimates. Page 5 of 21 - 3/14/2007 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work 3.2 Subscriber Inventory Subscriber device inventories must similarly be examined to determine reconfiguration requirements. If inventories are required, Motorola will inventory subscribers to elicit necessary information. Customer provided inventories must also be able to provide the information outlined below. For systems that only require Retuning, unit count and model families need to be specified to insure proper programming equipment and if any frequency determining elements need to be ordered and priced. For systems that require Reprogramming, quantities of subscriber in each family must be determined (i.e. 25ea XTS2500, 22ea XTS5000) and the number of programming stations must be delineated to ensure proper number of Flash upgrade kits are specified. For Replacement units, the number of units to be replaced must be identified, along with their corresponding replacement unit. In addition options such as battery type, dash or remote mount and cable length must be specified. An accurate count of any accessories (six unit chargers, speaker mics, etc.) will be required since--they-are-exchanged -on-a-one-for-one-basis:-A-sampi-e-audit WiH-be---- performed when necessary on certain subscribers units (MTS 2000, Astro Spectra and Astro Saber) to determine the need for replacement. System Inventory deliverables include: Page 6 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or Its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Vendor Labor Table Statement of Work 4.0 Engineering/Implementation Planning 4.1 Interoperability Planning The interoperability requirements are attachment at the end of this document. 4.2 Site Reconfiguration included in the System Description Motorola will generate a Reconfiguration Design which will consist of at a minimum Methods of Procedures, cut over plans and system test plans. o Generate Methods of Procedures (MOP) • Motorola will develop the Method of Procedures which details tie process steps, timeline, measurable deliverables, resources needed and cutover steps. Where applicable, contingency planning required to effectively reband your system will be provided in the least disruptive manner. The MOP also includes the cutover plan from the current frequencies to the new ones. o Cutover and Fall -back Plan • Develop and define the cut -over plan to ensure consistent operation of all system functionality throughout the rebanding reconfiguration. • Review plans with City of Beaumont/Jefferson County o Baseline and Acceptance Test Plan • Develop with City of Beaumont/Jefferson County baseline and acceptance test plans to demonstrate comparable facility. Page 7 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or Its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work • Baseline Test Plan initial determination of infrastructure testing for system functionality prior to rebanding beginning. Acceptance Test Plan duplication of baseline test plan plus any additional functional testing customer requires after rebanding. 4.3 Retune/Repropram/Replace Determination The 800 MHz fixed network equipment (FNE) must be audited to determine if upgrades are required to the software, hardware and firmware in order to support the new rebanding software. The assessment includes manufacturer information, software versions, system platform release versions and hardware configuration. Results of the suitability assessment and audit will determine what FNE will be retuned or reprogrammed or replaced and the effort required performing this work. The evaluation of the network will provide a retune, reprogram, upgrade or replace decision for each piece of equipment in the system that is affected by rebanding. Activities include: ➢ Formatting City of Beaumont/Jefferson County's inventory data for assessment. ➢ Engineering analysis of assessment report. ➢ Equipment list generation of required kits, software and or up -grades -required by each piece of -equipment to _he. reconfigured. Engineering/Implementation Planning deliverables include: Interoperability plan section of reconfiguration proposal 4.6 months after kick- off meeting Develop Methods of Procedures for equipment to be 4.6 months after kick - reconfigured for reconfiguration proposal off meeting Develop and document cutover and fallback plans to be 4.6 months after kick - included in the reconfiguration proposal off meeting Develop and document baseline and acceptance test plans to be 4.6 months after kick - included in the reconfiguration proposal off meeting Suitability assessment report for inclusion in the 4.6 months after kick - reconfiguration proposal off meeting Page 8 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Vendor Labor Table Statement of Work 5.0 Proiect Management 5.1 Proiect Support The Motorola Project Manager will oversee the project plan for the rebanding effort to ensure a smooth execution of all deliverables and that the requirements of City of Beaumont/Jefferson County are fully met. The Project Manager will participate in all major activities associated with the reconfiguration planning activities described in this Statement of Work. The Project Manager will coordinate with City of Beaumont/Jefferson County, Motorola's MSS (Motorola Service Station) and any subcontractor or other third - party organization participating in this work; to keep this effort within the agreed upon schedule. Activities such as project meetings, obtaining and evaluating subcontractor quotes, monitoring subcontractor and project team performance will be performed by the Motorola Project Manager. 5.2 Negotiations Support Where needed, Motorola will review the details of the rebanding plan and assist with clarifications which may be required from Sprint Nextel or the Transition Administrator. Page 9 of 21 - 3/14/2007 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Project Management deliverables include: Execute Proiect Plan I At the end of the vroiect schedule Vendor Labor Table Statement of Work 6.0 Other Deliverables listed below are related to special considerations. and / or related sub- systems impacted by the reconfiguration of the licensee's system. Other deliverables include: Vendor Labor Table Page 10 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work 7.0 City of Beaumont/Jefferson County SchedulinLy and Access Requirements In the event City of Beaumont/Jefferson County operates on a 24-hour, 7 -day per week basis, then diligent coordination to gain access to radio equipment will be required. It is understood that the effort required to prepare the inventory and design may occur on different shifts and/or times during the week, other than a normal 8:00 AM to 5:00 PM business day. Weekend work may also be a component of this effort. Working with City of Beaumont/Jefferson County to ensure optimum cooperation will be essential to effectively and efficiently execute the rebanding project. City of Beaumont/Jefferson County must provide reasonable access to all remote site locations where fixed station equipment is located. Any escort -required locations must be coordinated in advance by City of Beaumont/Jefferson County to facilitate access to restricted areas. Any required identification cards must be provided by City of Beaumont/Jefferson County to rebanding personnel as needed to work in any area in which an authorized ID card is required. 8.0 Motorola Engineering & Technical Services Throughout the effort required to correctly assess the system requirements for rebanding, Motorola will support the requirements employing the experience of its field and systems -en__gineering resources. In addition many_ of Motorola's product organizations and upgrade operations team will support the project with specific knowledge on products and procedures to ensure the success of the project. 9.0 Local Service Support Motorola will utilize its authorized service center network and/or approved third party contractors to assist in Preparation of Estimate Inventory and evaluation of fixed infrastructure and other related system equipment. 10.0 Notification and Conditions for Work Motorola will notify City of Beaumont/Jefferson County's assigned point of contact a minimum of five (5) business. days prior to starting any work on the system. Motorola will commence work at the designated location only after City of Beaumont/Jefferson County has notified Motorola with instructions to proceed. Page 11 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work Whenever possible, prior notification of at least 24 hours will be given when expected disruptions are to occur. 11.0 Motorola and City of Beaumont/Jefferson County Responsibilities Motorola Responsibilities Motorola will be responsible for the following: • Providing a designated Project Manager to .coordinate all the resources and work to be performed by Motorola and to be the primary point of contact for City of Beaumont/Jefferson County. • Scheduling project meetings with City of Beaumont/Jefferson County at the project's start, execution of the project contract deliverables and to coordinate ensuing project activities with all Motorola and City of Beaumont/Jefferson County resources. • Providing engineering services in designing the agreed upon deliverables as developed in this proposal. • Providing City of Beaumont/Jefferson County with regular schedule and progress updates. • Motorola will provide a detailed design and transition rebanding plan that will include: ---- .. ➢ TNE Inventory affd Requirements ➢ Suitability Assessment Results ➢ Sample Templates ➢ Cutover Plan ➢ Finalized Equipment List ➢ Scope of Work ➢ Frequency Analysis ➢ Detailed Design Review City of Beaumont/Jefferson County Responsibilities City of Beaumont/Jefferson County will be responsible for the following: • Provide a signatory who has authority to sign all appropriate project documents required for this project and any other agreements required. Page 12 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work • Upon receipt, provide Motorola with a full copy of the Transition Administrators Frequency Proposal Report (FPR) for the affected licenses. • Participate with Motorola and its subcontractors in any potential required meetings with landlords, public agencies, and government agencies to provide site access for the purpose of assessing the equipment located at that site. • City of Beaumont/Jefferson County will provide site access to their sites for Motorola personnel and Motorola's subcontractors for the purpose of assessing the equipment located at that site. • City of Beaurnont/Jefferson County shall not unreasonably delay the execution of work by Motorola and will extend the timeline of the project when delays caused by City of Beaumont/Jefferson County are experienced. • City of Beaumont/Jefferson County may be required to provide vehicles and personnel during the inventory process. • City of Beaumont/Jefferson County shall identify any outstanding Motorola deliverables and formally request their completion through the mutual development of a project punch list. • City of Beaumont/Jefferson County _shall errant final acceptance. upon completion of all contractual deliverables. • City of Beaumont/Jefferson County will be responsible for providing an adequate quantity of subscriber units per day until the inventory process is completed. • Provide adequate shelter, space, heat, light and power at the customer facilities listed above to perform the subscriber inventory. 12.0 Risks Motorola is committed to mitigating all known risks and will engage City of Beaumont/Jefferson County whenever situations are identified in which a risk situation presents itself. A decision will City of Beaumont/Jefferson County to mutually agreeable solution. be jointly made between Motorola and consider the options and establish a Page 13 of 21 - 3/14/2007 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City.of Beaumont/Jefferson County Acceptance Certificate CERTIFICATE OF COMPLETION FOR PLANNING FUNDING WORK Customer Name: City of Beaumont/Jefferson County City of Beaumont/Jefferson County agrees that all items detailed in the Statement of Work for Preparation of Estimate for Planning Funding have been completed and the quote to perform has been received by customer representative below. Customer Representative: Print Full Name Title Signature Date Print Full Name Title Signature Date Motorola Representative: Print Full Name Title Signature Date Page 19 of 21 - 3/14/2007 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project Exhibit A-2 I. Executive Overview A. Solution Overview The mixing of two or more frequencies together at a specific radio site generates Intermodulation (IM) products. Under the worst conditions, the reception of the desired on -channel frequency can be suppressed by the FM capture effect of stronger undesired IM products. If the intensity of the IM product is lower than that of the desired signal it can still cause audible interference during periods in which the affected channel is not in use. An Intermodulation (IM) Interference analysis can be useful to provide a new site design with optimum protection against frequency interference that could degrade the performance of the radio communications system. IM analysis for an existing system can provide helpful insight to troubleshooting the frequency combinations (IM products) at a site that might be causing existing interference problems. An IM analysis .will provide compatibility confirmation for the addition or change of frequencies at established sites. Motorola's Intermodulation Analysis can help detect IM interference products by analyzing the root frequencies that can mix to cause these interference products. With this information, customers, with Motorola's help, can design or modify radio sites with minimized IM interference impact to the customer's communications system and aid in determining the -root causes of existing interference. Motorola uses internally developed software tools such as Hydrasm and Intermodsm specifically designed to compute possible Intermodulation products that could affect the customer's radio sites. B._ _Customer. Usage and Benefits _ Customers who are experiencing interference on their radio communications system should utilize this service to troubleshoot and identify the possible source of Intermodulation interference. Customers who are modifying their radio communications system should utilize this service to confirm new frequency compatibility with their existing frequencies and to identify any potential Intermodulation interference. This information can be used to create a plan to retrofit the existing system in order to minimize future interference to the communications system. II. Solution Description A. Scope Intermodulation interference products are always present where two or more co -located transmitters are operating simultaneously. Managing the power levels of the IM signals developed through proper system design will determine whether they cause harmful interference to communications. Page 20 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project Exhibit A-2 The IM analysis is simply one of the methods used to guide proper design and must be used by a trained technical person competent in understanding its meaning and limitations. The appearance of an IM product in the analysis does not mean such a product will cause harmful interference, or indeed even be present. It simply indicates the mathematical possibility of a product being produced. B. Responsibilities 1. Customer Inputs The customer will supply Motorola with the frequency and antenna infrastructure inputs required to perform the IM analysis and will include: • Transmitter frequencies at site • Receiver frequencies at site • Receiver bandwidth (if known, or receiver type) • Antenna isolation (distance between RX and TX antennas) In the case of a new system design, the antenna infrastructure inputs will be provided by the Motorola design engineer. However, frequency data will remain the customer's responsibility. 2. Motorola Deliverables Motorola will provide an Analysis Report covering the following items: • Transmitter and receiver frequencies used in the analysis • Parameters used in the analysis (i.e. nth level of order tested & frequency range used) _. • Problem (flagged . frequuencies • Written explanation of any potential issues • Recommendations C. Considerations The Intermodulation Interference (IM) analysis provided by Motorola will result from information available at the time of the initial customer input. The accuracy of any IM prediction or interference projection is therefore limited to the completeness of the frequency input data we receive. Subsequently, the resultant report shall be valid only as long as the conditions profiled by the IM analysis remain unchanged. Additionally, all IM analysis results are restricted to the frequencies analyzed. Any preexisting interference issues experienced before rebanding may continue to exist and be considered outside the scope of the analysis performed. The analysis will be limited to the contracted site only. Page 21 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work With projects of this magnitude there are risks associated with the work that needs to be performed on each piece of equipment. It is conceivable that a particular piece of equipment can be functional at the time of inventory but when taken off line to have board or software versions read and confirmed that failures may occur when re -initializing the unit. Motorola will make every effort to ensure that any failure occurring in this situation be rectified immediately. In some cases adequate spares may not be available and could lead to a prolonged outage of equipment while obtaining replacement parts. If the system in question is currently under a full on-site and repair service agreement with Motorola, any resolution to correct the failure will be covered under the agreement. If the equipment involved is not covered under a Motorola Service Agreement, resolution may require reimbursement for material and labor to correct the failure and restore the defective equipment. 13.0 City of Beaumont/Jefferson County Acceptance Upon submission of Motorola's rebanding plan to City of Beaumont/Jefferson County, a certificate of acceptance document will be provided for customer signature (see reference document attached). This certificate acknowledges that all the effort necessary in identifying the detailed requirements and plans to reband City of Beaumont/Jefferson County 80OMHZ system has been completed. Frequencies and Call Signs Tx Fre Rx Frog Call Sin CntlNoice Tx Frog Rx Frecl Call Sin CntlNoice 860.7375 815.7375 WPMJ575 CntlNoice 867.5125 822.5125 WPMJ575 CntlNoice 866.9000 821.9000 WQBH267 CntlNoice 868.0125 823.0125 WPMJ575 CntlNoice 859.7375 814.7375 WPMJ575 CntlNoice 868.5000 823.5000 WQBH267 CntlNoice 868.8125 823.8125 WPMJ575 CntlNoice 866.2500 821.2500 WQBH267 CntlNoice 867.2625 822.2625 WPMJ575 CntlNoice 867.2875 822.2875 WPMJ575 CntlNoice 867.7000 822.7000 WPMJ575 CntWoice 866.5375 821.5375 WPMJ575 CnUNoice 868.2875 823.2875 WPMJ575 CntlNoice 868.7375 823.7375 WQBH267 I CntlNoice 868.5500 823.5500 WPMJ575 CntlNoice 867.1250 822.1250 WQBH267 CntlNoice 868.7125 823.7125 WPMJ575 CntlNoice 866.7875 821.7875 WPMJ575 CntlNoice 866.9875 822.9875 WPMJ575 CnUNoice 866.2750 821.2750 WPMJ575 CntlNoice 866.0125 821.0125 WPMJ575 CntlNoice 855.7375 810.7375 WPMG304 CntlNoice 866.5125 821.5125 WPMJ575 CnUNoice 857.7375 812.7375 WPMG304 CntlNoice 867.0125 822.0125 WPMJ575 CnUNoice 858.7375 813.7375 WPMG304 1 CntlNoice Page 14 of 21 - 3/14/2007 MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County System Description Statement of Work Type of Technology Smartzone Number of Sites impacted by Rebanding 4 Total Quantity of Stations 30 Number of Control Channels impacted by Rebanding 22 Number of Failsoft Channels impacted by Rebanding 9 Number of subscriber units on impacted Failsoft Channels 1500 What is the transmitter combining scheme Not applicable Subsystem Descriptions MOSCAD Fire Alerting / Waste Water Management / Other Not applicable applications 1 Quantity of radio linked MOSCAD RTUs and Centrals 0 Underground sub system networks (Beyond the scope of normal 0 BDA applications such as mines, railway systems, emergency - - comiiiunacati"ons-facilities) -- -- ___ Other Interoperability Descriptions Adjacent jurisdictions / other licensees with interoperable Not applicable agreements with this system owner. Quantities of radios in use on the adjacent system impacted by the change of frequencies on this system Any special customer requirements we are aware of that the Not applicable customer would want included Such as (This customer wants to have the interoperable area with multiple systems rebanded as one effort to avoid multiple reprogramming efforts) Any additional information that is relevant to calculation a cost Not applicable for retuning the system. Page 15 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing Information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Other non -licensee users on the system & subscriber quantities Statement of Work Page 16 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Mobile Portable Cntl Sta Texas DPS 6 0 0 St Elizabeth Hospital 0 0 1 Baptist Hospital 2 0 0 Baptist Hospital Beaumont 2 0 1 0 Texas Parks and Wildlife 0 2 0 Bevil Oaks City Marshall 1 0 0 Port Arthur PD 0 44 0 Port Arthur FD 22 0 0 Southeast Texas Airport 0 6 0 Vidor PD 0[25:1 0 1 Nederlands PD 00 Nederlands FD 12 0 Fina Petroleum Plant 0 0 Orlan a PD 1 0 Exxon Mobile FD 1 0 Total 47 2 Statement of Work Page 16 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Statement of Work System Inventory This is a customer provided, non -audited, inventory estimate for purposes of quoting. Total number of 1R Tx/Rx sites in the system 2 Total number of Simulcast Tx/Rx sites in the system 2 Total number of Rx sites in the system. 0 Total number of Simulcast Base Stations / Repeaters in System to be rebanded 22 Total number of IR Base Stations / Repeaters in System to be rebanded 2 Total number of conventional Base Stations / Repeaters in System to be rebanded 2 Total Number of Rx only stations in System to be rebanded 20 Total number of Transmit Combiners in System 6 Number of Antennas that need replaced 0 Number of NM clients in the system 2 Number of Zones in the system 1 Number of master sites 1 Number of controllers in System 4 Total number of Tx Combiner Post filters to be replaced 0 Number of CEBs in the system 3 Total number of local operator positions in the system 10 Total number of remote operator positions in the system 0 Total number of dispatch centers 3 Number of control stations (Includes MOSCAD RTU and Central radios) 44 Number ofmob_i es .__ 632 Number of portables 688 Number of Interoperability Users - Subscribers 151 Total number of Rx Multicou lers in System 4 Total number of BDAs in the system 0 Total number of Programming Templates including interoperability agencies g 90 Total Number of all other Stations (not including rebanded stations) on ALL sites for IM/TNRD Study 10 Page 17 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or its designees. Motorola 800 MHz Rebanding Project City of Beaumont/Jefferson County Consent Form Consent to Release Information By Rebanding Licensee City of Beaumont/Jefferson County("Licensee") is in the process of reconfiguring its 800 MHz communications system as required by the FCC pursuant to its August 6, 2004, Report and Order FCC 04-168, and related supplemental orders. In furtherance of Licensee's reconfiguration activities, it has received information from (or shared information with) Motorola, Inc., Sprint Nextel, and the Transition Administrator. To promote efficiencies in completing Licensee's reconfiguration process, Motorola, Sprint Nextel and/or the Transition Administrator may need to communicate with each other. Therefore, Licensee hereby consents to Motorola, Sprint Nextel and/or the Transition Administrator communicating in writing directly with each other about Motorola's proposed or actual involvement in reconfiguring Licensee's system, provided that Licensee receives a copy of each communication. By way of example, this consent would apply to questions from Sprint Nextel or the Transition Administrator about reconfiguring Licensee's system, and Motorola's answers to the questions. e Title: Date: By: Title: Date: Page 18 of 21 - 3/14/2007 ® MOTOROLA Motorola Proprietary and Confidential Design, technical and pricing information contained in this offering is considered proprietary and may not be shared with any person or agency not directly associated with the addressee without the express written consent of Motorola, Inc., or Its designees. 1711 � c TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Max S. Duplant, Chief Financial Officer April 3, 2007 AGENDA MEMO DATE: March 28, 2007 REQUESTED ACTION: Council consider amending the City's capitalization policy by which capital assets are defined for financial reporting purposes. RECOMMENDATION Administration recommends amending the definition of capital assets by changing the capital threshold, or dollar value, at which buildings and infrastructure are capitalized. Under the new definition, building costs in excess of $50,000 and infrastructure costs in excess of $150,000 would be considered a capital asset. It is recommended that this amendment be made applicable to the beginning of this fiscal year in order to have consistent application within our reporting year for audited financial statements. BACKGROUND The current capitalization policy defines capital assets as assets with an initial, individual cost of more than $10,000 and an estimated useful life in excess of two years. This definition applies to all classes of assets, which includes buildings, improvements other than buildings, land, equipment and infrastructure. Applying the same capital threshold to all classes of assets is not appropriate due to the large difference in costs between the asset classes. Capitalization thresholds should be based mainly on financial reporting needs. The capitalization of numerous small items overburdens the capital asset management system by requiring an unreasonable amount of effort without associated benefits. The average cost of buildings in the City is currently $400,000. Likewise, $1,400,000 is the average cost of infrastructure. Increasing the capitalization thresholds for buildings and infrastructure would have a minimal impact on the audited financial statements. The estimated overall financial effect is a fraction of 1% of government -wide fund balance. Budgetary Impact None. RESOLUTION NO. WHEREAS, the Financial Policies of the City of Beaumont included in the FY '07 Operating Budget provide a definition of "capital assets" to mean an asset with an individual cost of more than $10,000 and an estimated useful life in excess of two years; and WHEREAS, the capitalization of numerous small items overburdens the capital asset management system; and WHEREAS, it is recommended that the threshold amount for consideration as a capital asset, in addition to the property values already considered, should be building values in excess of $50,000 and infrastructure in excess of $150,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Financial Policies of the City of Beaumont shall be amended by amending the definition of "capital asset" to mean "buildings valued at the time of acquisition in excess of $50,000, other properties and equipment in excess of $10,000 and infrastructure in excess of $150,000 with an estimated useful life in excess of two (2) years." 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - L� City of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr.(� MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 26, 2007 REQUESTED ACTION: Council to consider authorizing City Manager to approve and execute a Memorandum of Understanding (MOU) between the Federal Bureau of Investigation (FBI) and the Beaumont Police Department (BPD) relating to a Safe Streets Task Force (SSTF). RECOMMENDATION Administration recommends authorizing City Manager to execute the document necessary to accept the terms and conditions set for the in the MOU. BACKGROUND The attached MOU simply allows the Beaumont Police Department to participate in the Safe Streets Task Force. This task force will work to dismantle and prosecute criminal enterprises engaged in gang, organized crime, and violent crime activities. The mission will be accomplished through the development of an intelligence base targeting gang/criminal enterprises via the initiation of sustained proactive investigations. This MOU is identical with previous MOU's signed off by Council. BUDGETARY IMPACT None. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve and execute a Memorandum of Understanding (MOU) between the Federal Bureau of Investigations (FBI) and the Police Department relating to a Safe Streets Task Force. 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 3rd day of April, 2007. - Mayor Guy N. Goodson - MEMORANDUM OF UNDERSTANDING (MOU) PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the Beaumont Police Department (BPD). AUTHORITIES Authority for the FBI to enter into this agreement can be found at 28 U.S.C. § 533; 42 U.S.C. § 3771; and 28 C.F.R. § 0.85. PURPOSE The purpose of this MOU is to delineate the responsibilities of TASK FORCE participants, maximize inter -agency cooperation, and formalize relationships between the participating agencies for policy guidance, planning, training, public and media relations. This MOU is not intended, and should net be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. This mission of the TASK FORCE is to dismantle and prosecute criminal enterprises engaged in gang, organized crime, and violent crime activities. The mission will be accomplished through the development of an intelligence base targeting gang/criminal enterprises via the initiation of sustained proactive investigations. SUPERVISION AND CONTROL Supervision -Overall supervision of the personnel on the TASK FORCE shall be the shared responsibility of the participants. -The Special Agent in Charge (SAC) of the Houston Division shall designate one Supervisory Special Agent (SSA) to have direct and daily responsibility for all personnel and investigative matters pertaining to the TASK FORCE. -Responsibility for conduct, not under the direction of the SAC or SSA, of each TASK FORCE member, both personally and professionally, shall remain with the respective agency head and each agency shall be responsible for the actions of their respective employees. -Each agency member who is a TASK FORCE member will be personnel rules, regulations, laws, and policies applicable to those of their respective agencies. FBI participants will continue to adhere to the Bureau's ethical standards and will remain subject to the Supplemental Standards of Ethical Conduct for employees of the Department of Justice. 1 EXHIBIT "A" Each TASK FORCE member will continue to report to his or her respective agency head for non -investigative administrative matters not detailed in this MOU. Subject to other provisions in this document, continued membership on the TASK FORCE will be based on performance and will be at the discretion of each member's respective supervisor. Case Assignments The FBI SSA with designated oversight for investigative and personnel matters will be responsible for opening, monitoring, directing, and closing TASK FORCE investigations in accordance with existing FBI policy and the applicable United States Attorney General's Guidelines. _ Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the SSA with designated oversight for investigative and personnel matters. For FBI administrative purposes, TASK FORCE cases will be entered into the relevant FBI computer system. TASK FORCE members will have equal responsibility for each case assigned. TASK FORCE personnel will be totally responsible for the complete investigation from predication to resolution. Resource Control Specific control of TASK FORCE resources, including personnel, and the continual dedication of TASK FORCE resources shall be retained by the participating agency heads, who will be kept fully apprised of all investigative developments by their respective subordinates. OPERATIONS Investigative Exclusivity It is agreed that matters designated to be handled by the TASK FORCE will not knowingly be subject to non -TASK FORCE law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the TASK FORCE's existence and areas of concern. It is agreed that there is to be no unilateral action taken on the part of the FBI or participating agencies relating to TASK FORCE investigations or areas of concern. All law enforcement actions will be coordinated and cooperatively carried out. Informants 2 _ The disclosure of FBI informants to non -FBI TASK FORCE members will be limited to those situations where it is essential to the effective performance of the TASK FORCE. These disclosures will be consistent with applicable FBI guidelines. Non -FBI TASK FORCE members may not make any further disclosure of the identity of an FBI informant, including to other members of the TASK FORCE. No documents are to be prepared or disseminated outside the FBI, which identify or tend to identify an FBI informant. In those instances where a participating agency provides an informant, the FBI may, at the discretion of the SAC, become solely responsible for the informant's continued development, operation, and for compliance with necessary administrative procedures regarding operation and payment as set forth by the FBI. The United States Attorney General's guidelines and FBI policy and procedure for operating FBI informants and cooperating witnesses (CWs) shall apply to all FBI informants and CWs opened and operated in furtherance of TASK FORCE investigations. Documentation of, and any payments made to, FBI informants and CWs shall be in accordance with FBI policy and procedure. Operation, documentation, and payment of solely state, country, or local informants and CWs opened and operated by Non -FBI TASK FORCE members in furtherance of TASK FORCE investigations shall be in accordance with appropriate respective state, country or local policies and procedures provided these policies and procedures do not conflict with the United States Attorney General's guidelines. Documentation of state, county, or local informants and CWs opened and operated in furtherance of TASK FORCE investigations shall be maintained at an agreed to location. Reports and Records [FOR SAFE STREET TASK FORCES (SSTF)] _ All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by each member of the TASK FORCE will be made available for inclusion in the respective investigative agencies' files as appropriate. TASK FORCE reports prepared in cases assigned to state, county and local participants will be maintained at a FBI approved location; original documents will be maintained by the FBI. Records and reports generated in TASK FORCE cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SSTF Cases in the Beaumont RA of the FBI. 3 TASK FORCE investigative records maintained at the Beaumont RA of the FBI will be available to all TASK FORCE members, as well as their supervisory and command staff subject to pertinent legal, administrative and /or policy restrictions. All evidence and original tape recordings (audio and video) acquired during the course of the TASK FORCE investigations will be maintained by the FBI. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by TASK FORCE personnel. PROSECUTIONS TASK FORCE investigative procedure is to conform to the requirements for Federal Prosecution. A determination will be made on a case-by-case basis whether the prosecution of TASK FORCE cases will be at the State or Federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the TASK FORCE. In the event that a state or local matter is developed that is outside the jurisdiction of the FBI, the FBI agrees to provide all relevant information to state and local authorities. Whether to continue and/or conduct additional investigation of the state or local crimes involved will be at the sole discretion of the respective state and local authorities. Investigative Methods/Evidence For cases assigned to an FBI Special Agent or in which FBI informants or cooperating witnesses are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policy and procedures of the FBI. 2 Undercover Operations _ All TASK FORCE undercover operations will be conducted and reviewed in accordance with FBI guidelines and the United States Attorney General's Guidelines on Undercover Operations. DEPUTATIONS Local and state law enforcement personnel designated to the TASK FORCE, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the ASK FORCE or until the termination of the TASK FORCE, whichever comes first. FBI agents assigned to the TASK FORCE will be cross -deputized as state officers. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES Participating agencies agree to provide sufficient vehicles to the TASK FORCE. On a case by case basis, the FBI may authorize members of the TASK FORCE to use vehicles owned or leased by the FBI when necessary in connection with TASK FORCE surveillance, case management and investigations, and if available. _ When authorized, participating agency personnel using FBI vehicles agree to operate the vehicles in accordance with all applicable FBI rules and regulations as outlined in the FBI Manual of Administrative Operations and Procedures (MAOP), Part I Section 3.1. FBI vehicles, including Government-owned,.rented, and leased vehicles, are to be used for official business only. _ The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to TASK FORCE business. _ The responsibility for all other liability attributed to the participating agencies resulting from the use of TASK FORCE vehicles by their employees, confidential informants, or by cooperating witnesses rests with the individual participating agency. The participating agencies agree to be responsible for any damage incurred to TASK FORCE vehicles caused by any act or omission on the part of their respective employees and participating agencies agree to assume financial responsibility for property damage to said vehicles. 5 SALARY/OVERTIME COMPENSATION _ The salaries of TASK FORCE members will be determined by the current Contract Reimbursement Agreement, which is incorporated into this document by reference. PROPERTY AND EOUIPMENT Other property of the FBI and participating agencies may be provided on a case by case basis when needed to conduct TASK FORCE investigations and operations. _ Property damaged or destroyed which was utilized by the TASK FORCE in connection with authorized investigations and/or operations and is the custody and control and used at the direction of the TASK FORCE, will be the financial responsibility of the agency supplying said property. FUNDING _ This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FORFEITURES _ The FBI shall be responsible for the processing of assets seized for federal forfeiture in conjunctions with TASK FORCE operations. _ Asset forfeitures will be conducted in accordance with Federal law, and the rules and regulations set for forth by the FBI and Department of Justice .(DOJ). Forfeitures attributable to TASK FORCE investigations may be distributed among the agencies participating in the TASK FORCE. DISPUTE RESOLUTION In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the TASK FORCE's objectives. _ The parties agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES G7 _ All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. The parties agree that information will only be disseminated to the media in accordance with the terms of this MOU. SECURITY CLEARANCES [CATEGORY II: FOR STATE AND LOCAL CANDIDATES WHO WILL NOT HAVE ACESS TO NATIONAL SECURITY INFORMATION AND WHO WILL NOT HAVE LONG-TERM UNRESTRICTED ACCESS TO FBI FACILITIES, PERSONNEL, AND/OR INFORMATION]: _ Thirty days prior to being assigned to the TASK FORCE, each candidate will be required to furnish pages 1, 2, 3, 9 (certification only), and 10 of the "Questionnaire for Sensitive Positions" (SF -86). Sometime thereafter, a representative from the FBI will conduct an interview of each candidate. If, for any reason, a candidate is not selected, the participating agency will be so advised and a request will be made for another candidate. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policy and procedures. _ During the briefing, each candidate will execute a non -disclosure agreement (SF, 312) and FD -868, as may be necessary or required by the FBI. Upon departure from the TASK FORCE, each candidate will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement previously agreed to by the TASK FORCE member. LIABILITY _ Unless specifically addressed by the terms of this MOU, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees Legal representation by the United States is determined by DOJ on a case by case basis. The FBI cannot guarantee the United States will provide legal representation to any Federal, state or local law enforcement officer. [IF THERE IS NO SPECIAL DEPUTATION] : Each participating TASK FORCE agency acknowledges that its liability, if any, for the negligent or wrongful acts or omissions committed by its employees while they are participating as members of the TASK FORCE is governed by applicable local law. TASK FORCE agencies and individual TASK FORCE members agree that they will not be responsible or liable for acts performed by personnel of other member agencies during the duration of this MOU. - Each participating agency acknowledges that the federal government does not contract or promise to consider indemnifying the individual TASK FORCE officer, substituting the Unites States as a party defendants in civil litigation, or providing representation to state and local law enforcement officers who cooperate with the FBI on an informal basis as apart of their state or local duties unless thy have been deputized as a federal law enforcement officer or have been detailed to a federal agency under the Intergovernmental Personnel Act (IPA) 5 U.S.C. § 3374 (c) (2). DURATION The term of this MOU is for the duration of the TASK FORCE's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. - Any participating agency may withdraw from the TASK FORCE at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the TASK FORCE at least 30 days prior to withdrawal. Upon termination of this MOU, all equipment provided to the TASK FORCE will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any TASK FORCE participation. MODIFICATIONS - This agreement may be modified at any time by written consent of all involved agencies. - Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. Roderick L. Beverly Date Special Agent in Charge Federal Bureau of Investigation, Houston Frank Coffin, Chief Date Beaumont Police Department Beaumont, Texas FBI Contracting Officer Kyle Hayes City Manager City of Beaumont Date Date F City of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager L PREPARED: Frank C. Coffin, Jr., Chief of Police MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 22, 2007 REQUESTED ACTION: Consider 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 Conns. RECOMMENDATION Administration recommends authorizing the City Manager to execute all documents necessary to continue the Police Substation at Conns. BACKGROUND The Beaumont Police Department has had a Police Substation at Conns for approximately six (6) years. Attached is the License agreement from Conns. BUDGETARYIMPACT The total fee is one dollar ($1.00). PREVIOUS ACTION The Police Department has had a Police Substation at Conns since 2001. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute all necessary documents, specifically including a License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Conn's. The License Agreement is substantially in the form attached hereto as Exhibit "A." 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - LICENSE AGREEMENT THIS LICENSE is made this —day of , 2007, by and between CAI, L.P., a Texas. Limited Partnership, ("Licensor") and City of Beaumont, a(n) Government incorporated in the state of Texas, having offices at ("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 certain of the Licensor's 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 realty 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. License Area: Licensee's rights, duties and obligations under this Agreement shall be limited to the specific area containing approximately 594 square feet of floor area, as identified on Exhibit A, attached hereto and made a part hereof ("License Area"), in Conn's Corporate Office, Beaumont, TX located at 3295 College Street, Beaumont, TX 77701. Licensee shall have no right to use any other areas 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) (the "Commencement Date"), and shall end on September 30, 2010 (the "Expiration Date"), unless the License referenced in this Agreement is revoked earlier by Licensor, or extended as provided herein. In the event Licensor extends the lease pursuant to which it is occupying the premises, then, subject to Licensee's approval, the rights of Licensee under this License Agreement shall likewise be extended for the term of the extension (September 30, 2015 and, if extended through this date, September 30, 2020). *Licensor or Licensee may revoke this License at any time, with or without cause, and with sixty (60) days advance written notice. 3. Use: The License Area shall be occupied and used by the Licensee as approved by Licensor solely for the purpose of use of premises as a police department substation for shift changes, report writing, phone work, etc. The premises shall not be used as a jail or for any other purposes whatsoever. 4. DB/A: Licensee shall occupy and use the License Area under the trade name of City of Beaumont which shall not be changed without Licensor's prior written consent. EXHIBIT "A" 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 agreement, and on the first day of each month thereafter: Fee Total Fee Fee(s) per calendar year: $1.00 $1.00 6. Damage Deposit: None 7. Relocation: Licensor reserves the right 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 lest disruptive to Licensee's use of the License Area. 8. Revocation: 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 set forth in. Paragraph 14 hereof, upon not less than thirty (30) days prior notice to Licensee. Licensee shall not be entitled to reimbursement or compensation for any purported damages or losses sustained as the result of any such revocation by Licensor. *Licensee . is self insured for all general and automobile liability and will hold Licensor harmless for all claims arising from Licensee's use of the lease premises. 9. Liability of Licensor: Licensor shall not be responsible or liable for, and Licensee hereby expressly waives, all 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 premises of Licensor shall be there at the 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 Licensee or any other person claiming by, through or under Licensee resulting from any accident in or occurrence in, on or about the License Area or any other part of the corporate center, including, without limitation, claims for loss, theft, or damage resulting from (i) equipment or appurtenances becoming out of repair; (ii) injury done or occasioned by wind or weather; (iii) 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; (iv) 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 corporate 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 FA persons or occupants of the corporate 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 (xi) any other cause of 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 corporate center as Licensee is herein given the right to use, at Licensee's own risk. 10. Specific Grounds for Revocation: If, (a) Licensee fails to perform any of the terms, 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, (ii) alleging insolvency, (iii) reorganization, (iv) 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 options (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; (s) 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 of proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If Licensor, at its sole 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 file noncompulsory counter suit or cross claim against Licensor. 11. Obligations Upon Revocation: 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 Licensor's 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 Licensor's failure to assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same. 12. Damn e: 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. 13. Liability: 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. 3 14. 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. 14. Terms of Agreement: 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. 15. Obligation upon Expiration: Upon the Expiration date of this Agreement, Licensee shall immediately remove all of Licensee's property, including, but no 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 (125%) 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. J 16. Liability of Licensor: The term "Licensor" means only CAI, L.P., the owner of a leasehold interest in said building and/or the land thereunder, so that in the event of an assignment of this License by Licensor, 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 defaults by Licensor of any of its obligations hereunder, Licensee shall look solely to the equity of the Licensor in the corporate 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 Licensor's functions hereunder including but not limited to, the execution of the License and any other related documentation. 17. Non -Waiver Provision: The failure of Licensor to insist upon performance of any 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 to be a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained. 4 18. Binding Agreement: This Agreement may not be modified in any manner other than by 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. 19. Licensed Premises: Licensee agrees that it has been in possession of the Licensed Premises prior to the date of this Agreement, and that the Licensed Premises are complete and satisfactory to Licensee for all of Licensee's purposes, and agrees to continue occupying the Licensed Premises under this License Agreement, WHERE IS, AS IS, WITH ALL FAULTS. 20. Permits: 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. 21. Operating Requirements: Licensee shall observe all the following rules for the Licensee's occupancy thereof. a. 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 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 the Licensee or licensees in a designated area of the Corporate Center. b. 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 the License Area. C. 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. d. 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. 5 e. 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. f. Licensee and Licensee's employees shall not park their cars in those portions of the parking area designated for customer parking by Licensor. If Licensee or Licensee's employees' park in portions of the parking area designated for customer parking, Licensor may, in additional to its other remedies, have such cars removed at Licensee's expense. g. Licensee and Licensee's employees shall maintain a neat and appropriate appearance and dress, and are expected to operate in a dignified, ethical manner. h. Licensee shall not permit loitering at the License Area. i. Licensee shall furnish Licensor with emergency telephone numbers and forwarding address. j. 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, lost or damage. 23. Conduct: Licensee shall at all times during its occupancy of the License Area provide sufficient supervision and maintain adequate control of its employees, guest and invitees. 24. Removal: Licensee shall at the Expiration Date or earlier revocation of this License remove its goods and effects, repair and 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 tow (2) days of such Expiration Date or earlier revocation shall become the property of Licensor, at Licensor's option without liability to Licensee therefore. 25. Conduct and Alterations: 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, nor permit the making of holes in the walls, partitions, ceilings, 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. rel 26. Condition of License Area: Licensee has inspected the License Area and accepts it "as is" with no representation of 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. 27. Hours of Operation: The License Area shall remain open for business at all times designated by Licensee. Licensee shall operate in the entire License Area continuously and uninterruptedly while this License is in effect, and in a first class manner. 28. Hazardous Material: Licensee shall not cause or permit any hazardous materiel to be brought upon, stored, kept, used or discharged on or about the License Area. 29. Access to License Area: Licensor may enter the License Area at any time. 30. 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 it 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 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 Licensee'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, Licensor's costs for making such repairs, maintenance, or replacements together with Licensor's administrative costs related thereto which amount shall equal 1.5 times the total costs of 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. 31 Non -prohibited Transaction Representation: 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, 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 associates with such persons or entities. 7 t IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written, each acknowledging receipt of an executed copy hereof. LICENSOR: CAI, L.P., By: Conn Appliances, Inc., its general partner By: Print name: William C. Ny ' , Jr. Its: President LICENSEE: City of Beaumont By: Print name: Its: No Text G City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police �L MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 22, 2007 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a License Agreement, in order for the Beaumont Police Department to have a Police Substation at 2750 IH10 East. (Not Home Alone, Inc.) RECOMMENDATION Administration recommends authorizing the City Manager to execute all documents necessary to have a Police Substation at IH10 East. (Not Home Alone, Inc.) BACKGROUND None. BUDGETARYIMPACT The total fee is one dollar ($1.00). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute all necessary documents, specifically including a License Agreement, in order for the Beaumont Police Department to maintain a Police Substation at Not Home Alone, Inc., located at 2750 IH -10 East. The License Agreement is substantially in the form attached hereto as Exhibit "A." 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3' day of April, - Mayor Guy N. Goodson - Sublease 1. Names. This sublease is made by Not Home Alone, Inc., Sub landlord, and City of Beaumont for use by the Beaumont Police Department, Subtenant. 2. Property Subleased.. Sub landlord is subleasing to Subtenant, and Subtenant is subleasing from Sub landlord: The following part of the premises: 100 square feet at 2750 IH=10 E, Beaumont, TX 77703 3. Term of Sublease. This Sublease begins on Nh 0j o Iv1ah 1 J; 68. 4. Rent. Subtenant will pay rent in the amount of $1.00 annually which will include the utilities and services listed below. 5. Utilities. (1) Electricity (2) Water (3) Gas (4) Alarm Service (5) Cleaning & Lawn Care Service (6) Pest Control 6. Option to Extend Sublease. Sub landlord grants Subtenant the option to extend this Sublease for additional time on the same terms except as follows: Rent will be subject to increase by no more than 25% per year as deemed necessary by Sub landlord. Subtenant may exercise this option only if Subtenant is in compliance with the terms of this Sublease. To exercise this option, Subtenant shall give Sub landlord written notice at least 30 days before the expiration date of the original Sublease term. 7. Notices from Landlord. If Landlord notifies Subtenant of any breach of the terms or conditions of the Original Lease which Subtenant is obligated to perform, Subtenant will immediately notify Sub landlord in writing. Subtenant will promptly cure any breach. If Landlord notifies Sub landlord of any breach of the terms or conditions of the Original Lease which Subtenant is obligated to perform, Sub landlord will immediately notify Subtenant in writing. Subtenant will promptly cure any breach. 8. Subletting and Assignment. Subtenant will not assign this Sublease or further sublet any part of the premises without the written consent of both Sub landlord and Landlord. Sub landlord will not unreasonably withhold such consent. 9. Liability. City of Beaumont (Subtenant) is self insured for all general and automobile liability and will hold Not Home Alone, Inc. (Sub landlord) harmless for all claims arising from City of Beaumont's (Subtenant's) use of the leased premises. There shall be no personal liability of sub landlord with respect to this lease. 10. Condition of Premises. Subtenant has inspected the premises and accepts the premises in as is condition. Subtenant shall maintain, at its sole cost and expense, the premises in good condition and make Sublease Page 1 EXHIBIT "A" all necessary replacements and repairs to the leased area except for structural repairs. In addition to all other remedies of the sub landlord, if subtenant does not complete its obligations to repair and maintain the premises, or if sub landlord , in the exercise or its sole discretion, determines that emergency repairs are necessary, or repairs or replacement of any portion of the premises are made necessary by any act, omission, or negligence of subtenant or its agents, employees, contractors or assignees, then in any such event, sub landlord may make such repairs, maintenance, or replacement subtenant shall pay upon demand, as additional fees, sub landlord's costs for making such repairs, maintenance,'or replacements together with landlord's administrative costs related thereto which amount shall equal 1.5 times the total costs of repair, maintenance, or replacement. Furthermore, subtenant shall immediately notify sub landlord of any defects of unsafe conditions in the common areas immediately adjacent to the premises. 11. Disputes. Mediation and Possible Arbitration. If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator. Sub landlord need not participate in mediation or arbitration of a dispute unless Subtenant has paid the rent called for by this lease or has placed any unpaid rent in escrow with an agreed-upon mediator or arbitrator. 12. Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. 13. Successors and Assignees. This agreement binds and benefits the heirs, successors and assignees of the parties. 14. Notices. All notices must be in writing. A notice may be delivered to a party at the address that follows a party's signature or to a new address that a party designates in writing. A notice may be delivered' (1) In person, (2) By certified mail, or (3) By overnight courier. 15. Governing Law. This agreement will be governed by and construed in accordance with the laws of the state of Texas. 16. Counterparts. The parties may sign several identical counterparts of this agreement. Any fully Sublease Page 2 i a ` signed counterpart shall be treated as an original. 17. Modification. This agreement may be modified only by a writing signed by the party against whom such modification is sought to be enforced. 18. Waiver. If one party waives any term or provision of this sublease at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this sublease, that party retains the right to enforce that term or provision at a later time. 19. Severability. If any court determines that any provision of this agreement is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this agreement invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render the provision valid and enforceable. 20. Insurance. Subtenant is self-insured 21. Negation of Sublease. Sub landlord retains the right to negate this sublease within 90 days of its execution is Subtenant's conduct does not meet the standard of normal business etiquette. Sub landlord will give subtenant written 30 day notice if negation of this sublease is deemed necessary. Dated: Monday, August 21, 2006 SUBLANDLORD Name of Business: Not Home Alone, Inc. a corporation By: CA6_�_ — Printed Name: Charles E Holder Title: President Address: P.O. Box 1031 Beaumont, TX 77704-1031 SUBTENANT Name of Business: City of Beaumont for use by the Beaumont Police Department M Printed Name: -Kyle Hayes Title: City Manager of Beaumont Address: 255 College St. Beaumont, TX 77701 Sublease Page 3 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 3, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1,2, 9-12/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Chapter 14 of the Code of Ordinances related to housing 2. Consider amending Chapter 16 of the Code of Ordinances related to city libraries 3. Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district at 3185 Highland 4. Consider approving a request for a specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4055 Calder 5. Consider approving a request for a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District at 2170 Broadway 6. Consider approving a request for a specific use permit to allow a bank in a PUD (Planned Unit Development) District at 6250 Delaware 7. Consider approving a request for a specific use permit to allow a food manufacturing processing/warehouse facility in a CBD (Central Business District) at 730 Liberty 8. Consider approving a request for a specific use permit to allow a private school to teach phlebotomy in an RCR (Residential Conservation and Revitalization) District at 2263 North Street 9. Consider approving a request to abandon a portion of Blanchette Street west of I I" Street 10. Consider amending Section 29-38 of the Code of Ordinances establishing fees for Emergency Medical Services 11. Consider amending the FY 2007 Budget to transfer funds from the General Fund's fund balance to the Capital Reserve Fund 12. Consider approving a contract for the construction of the Consolidated Dispatch and Emergency Operations Center COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont v. International Association of Fire Fighters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 April 3, 2007 Consider amending Chapter 14 of the Code of Ordinances related to housing BEAUMONT, TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Jim Thompson, Parks and Recreation Director April 3, 2007 March 28, 2007 REQUESTED ACTION: Council consider amendments to Chapter 14 of the Code of Ordinances. RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 14 of the Code of Ordinances. BACKGROUND At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 14, related to housing, were provided to the City Council for review. Following the plan, Chapter 14 is being brought forward for consideration and approval. Additional chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARYIMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE II, SECTION 14-34 OF THE CODE OF ORDINANCES AND REPEALING CHAPTER 14, ARTICLE I, SECTION 14-1 AND ARTICLE V, SECTIONS 14-72 AND 14-79 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 14, Article I, Section 14-1, be and the same is hereby repealed. Section 2. That Chapter 14, Article ll, Section 14-34, be and the same is hereby amended to read as follows: Sec. 14-34. Same --Exemptions and exclusions. There shall be exempted from the application of section 14-33: (1) Any single-family house sold or rented by an owner: Provided, that such private individual owner does not own more than three (3) single-family houses, wherever located, at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty -four- month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such owners behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one time; provided further, the sale or rental of any such single-family house shall be excepted from the application of section 14-33 only if such house is sold or rented: a. Without the use in any manner of the sale or rental facilities or services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person; and b. Without the publication, posting or mailing of any advertisement or written notice in violation of section 14-33 (3); but nothing in this section shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect the transfer of title. (2) The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one of such living quarters as the owners residence. Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, national origin, sex, handicap or familial status. Nothing in this article shall prohibit a private club not in fact open to the public, which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Section 3. That Chapter 14, Article V, Sections14-72 and 14-79, be and the same are hereby repealed. 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. Section 6. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 3rd day of April, 2007. - Mayor Guy N. Goodson - Chapter 14 HOUSING* *Cross references: Building construction, ch. 6; subdivisions, ch. 24; trailers and trailer parks, ch. 27; zoning, ch. 30. Art. I. In General, §§ 14-1--14-29 Art. ll. Equal Opportunity in Housing, §§ 14-30--14-49 Art. III. Dangerous Structures, §§ 14-50--14-59 Art. IV. Federal Assistance, §§ 14-60--14-71 Art. V. Rehabilitation Agency, §§ 14-72--14-82 ARTICLE 1. IN GENERAL* *Editor's note: Ord. No. 91-52, §§ 1 and 2, adopted June 11, 1991, amended the Code by amending Art. I to read as herein set out in § 14-1. Prior to inclusion of said ordinance, Art. I, §§ 14-1--14-18 pertained to similar subject matter and derived from the Code of 1958, §§ 12A -1--12A-9; and Ord. No. 76-87, § 1, adopted Aug. 10, 1976. Sec. 14-1. Reserved. Secs. 14-2--14-29. Reserved. ARTICLE II. EQUAL OPPORTUNITY IN HOUSING* *Editor's note: Ord. No. 59-56, § 1, adopted Dec. 12, 1989, amended Art. I I to read as herein set out in §§ 14-30--14-43. Prior to inclusion of said ordinance, Art. II, §§ 14-30-- 14-43, pertained to equal opportunity in housing and derived from Code 1958, §§ 12A- 19 --12A-32 and Ord. No. 79-54, § 1, adopted July 17, 1979. Sec. 14-30. Declaration of policy. (a) It is hereby declared to be the policy of the city to bring about, through fair, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to race, color, religion, national origin, sex, handicap or familial status. (b) It is further declared that this policy is based upon a recognition of the right of every person to have access to adequate housing of a person's own choice without regard to race, color, religion, national origin, handicap or familial status; and further, that the denial of such right through consideration based upon race, color, religion, national origin, sex, handicap or familial status is detrimental to the health, safety and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of such rights which are within the power and proper responsibility of government to prevent. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-31. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Administrator. The fair housing administrator as designated in this article, and any authorized representatives. Discriminatory housing practice. An act that is unlawful under sections 14-33, 14- 35 or 14-36. Dwelling. Any building, structure or portion thereof which is occupied as, or designed and intended for occupancy as, a residence by one (1) or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. Family. Includes a single individual. To rent. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-32. Fair housing administrator. (a) The city manager shall act as administrator or appoint some other competent person as the fair housing administrator who shall have the responsibility for implementing this article. (b) The fair housing administrator shall be provided with sufficient staff to perform the duties as required by this article. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-33. Discrimination in the sale or rental of housing—Prohibited. Except as exempted by section 14-34, it shall be unlawful for any person: (1) To refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, sex, handicap or familial status. (2) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, national origin, sex, handicap or familial status. (3) To make, print or publish, or cause to be made, printed or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, religion, national origin, sex, handicap or familial status or an intention to make any such preference, limitation or discrimination. (4) To represent to any person because of race, color, religion, national origin, sex, handicap or familial status that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available. (5) To profit, or with the hope or expectation of profit, by inducing or attempting to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, sex, handicap or familial status. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-34. Same --Exemptions and exclusions. There shall be exempted from the application of section 14-33: (1) Any single-family house sold or rented by an owner: Provided, that such private individual owner does not own more than three (3) single-family houses, wherever located, at any one time; provided further, that in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty -four-month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such owners behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one time; provided further, the sale or rental of any such single-family house shall be excepted from the application of section 14-33 only if such house is sold or rented: a. Without the use in any manner of the sale or rental facilities or services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person; and b. Without the publication, posting or mailing of any advertisement or written notice in violation of section 14-33 (3); But nothing in this section shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect the transfer of title. (2) The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one of such living quarters as the owners residence. Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, national origin, sex, handicap or familial status. Nothing in this article shall prohibit a private club not in fact open to the public, which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-35. Discrimination in the provision of brokerage services. It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against a person in the terms or conditions of such access, membership or participation on account of race, color, religion, national origin, sex, handicap or familial status. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-36. Discrimination in financing. It shall be unlawful for any bank, savings and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against any person in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, national origin, sex, handicap or familial status of such person or of any person associated with such in connection with such loan or other financial assistance, or of the present or prospective owners, lessees, tenants or occupants of the dwelling or a dwelling in relation to which such loan or other financial assistance is to be made or given. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-37. Complaints. (a) Any person who claims to have been injured by a discriminatory housing practice or who believes that an irrevocable injury resulting from a discriminatory housing practice is about to occur (hereafter referred to as "person aggrieved") may file a complaint with the administrator. Any complaints shall be in writing and shall identify the person alleged to have committed or alleged to be about to commit the discriminatory housing practice and shall set forth the particulars thereof. The administrator is directed to prepare and adopt from time to time standard complaint forms and to furnish them upon request, without charge, to any person aggrieved. The administrator and employees of that office may assist in the clerical preparation of such complaints. (b) The administrator shall receive and accept notification and referral of complaints from the Secretary of the United States Department of Housing and Urban Development pursuant to the provisions of Title VIII --Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints in the same manner as complaints filed directly by the person aggrieved. (c) If, in the course of any investigation of a complaint filed with or referred to the administrator, credible evidence is received and the administrator has probable cause to believe that the person or persons named in such complaint have committed a discriminatory housing practice not stated in such complaint, the administrator may prepare and file a supplementary complaint and such supplementary complaint shall thereafter be treated in the same manner as an original complaint filed by a person aggrieved. (d) If at any time the administrator shall receive or discover credible evidence and shall have probable cause to believe that any person has committed a discriminatory housing practice as to which no complaint has been filed nor is about to be filed, the administrator may prepare and file a complaint, and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved. (e) Upon the filing or referral of any complaint, the administrator shall furnish a copy of the same to the persons named in the complaint. (f) A complaint under subsections (a), (c), (d), and (e) of this section shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably or fairly amended at any time. A respondent may file an answer to the complaint and, with the leave of the administrator, which shall be granted whenever it would be reasonable and fair to do so, may amend the answer at any time. A copy of any amendment to a complaint or an answer shall be furnished to the opposing party. Both complaints and answer shall be signed by the persons making them. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-38. Investigation. (a) Upon the filing of a complaint valid on its face as herein provided, the administrator shall cause to be made a prompt investigation of the matter stated in the complaint. (b) In connection with such investigation, the administrator may question and take and record testimony and statements of such persons who appear, and may examine, record and copy documents which are produced. (c) During or after the investigation, the administrator shall, if it appears that a discriminatory housing practice has occurred, or is about to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance or rectification of the discriminatory housing practice and voluntary compliance and adequate assurance of future voluntary compliance with the provisions of this article. (d) In the event conciliation is effected, the administrator shall disclose nothing said or done in the course of such conciliation in such a way as to make public identification of the persons named in the complaint without the written consent of the person concerned. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-39. Certificate to city attorney. Upon completion of the investigation and informal endeavors at conciliation by the administrator, but within thirty (30) days of the filing of the complaint with the administrator, and if the administrator has concluded that a discriminatory housing practice has occurred, and the efforts of the administrator to secure voluntary compliance have been unsuccessful, the administrator may certify in writing to the city attorney that such discriminatory housing practice has occurred and request the city attorney to forthwith prosecute such violation in municipal court. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-40. Legal procedures. (a) Upon certification by the administrator, the city attorney may institute a charge in municipal court and prosecute the same to final conclusion as rapidly as practicable. (b) It is the intent of this article to increase the available remedies which citizens may have to insure their rights under federal, state or local statutory or case law. Therefore nothing in the article shall be construed as an administrative prerequisite to a citizen pursuing rights under any other federal, state or local statute, case decision or administrative ruling. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-41. Education and public information. In order to further the objectives of this article, the administrator may conduct educational and public information programs designed to acquaint the general public with the provisions and objectives of this article. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-42. Cooperation with secretary of housing and urban development. The administrator is authorized and encouraged to cooperate with the Secretary of the United States Department of Housing and Urban Development pursuant to the provisions of Title VIII --Fair Housing Act of 1968, Public Law 90-284, and may render such service to the secretary as they shall deem appropriate to further the policies of this article; the city manager may accept reimbursement from the secretary for services rendered to assist in carrying out the provisions of the above cited federal law. (Ord. No. 89-86, § 1, 12-12-89) Sec. 14-43. Unlawful intimidation. It shall be unlawful for any person by force or threat of force willfully to injure, intimidate or interface with any person because of race, color, religion, national origin, sex, handicap or familial status, and because the person is or has been selling, purchasing, renting, financing, occupying or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings. (Ord. No. 89-86, § 1, 12-12-89) Secs. 14-44--14-49. Reserved. ARTICLE III. DANGEROUS STRUCTURES* *Editor's note: Ord. No. 85-56, § 1, adopted May 14, 1985, amended the Code by enacting a new Article III, §§ 14-50--14-57. Former Article III, §§ 14-50--14-57, contained similar provisions and derived from Code 1958, §§ 12A -19--12A-26; and Ord. No. 73-25, § 1, adopted April 3, 1973. Sec. 14-50. Dangerous structures defined. All vacant structures, dwellings, dwelling units, and accessory structures which have any or all of the following defects shall be deemed dangerous structures: (1) All vacant buildings or structures whose walls or other vertical structural members list, lean or buckle in excess of three-fourths ( 3/4) inch of horizontal measurement for each foot of vertical measurement. (2) All vacant buildings or structures which show thirty-three (33) per cent or more damage or deterioration of the supporting members, or fifty (50) per cent or more damage or deterioration of the nonsupporting or outside walls or coverings. (3) All vacant buildings or structures which have parts thereof which are so attached that they may fall or injure members of the public or property. (4) All vacant buildings and structures which, by reason of dilapidated or deteriorated conditions, have unsafe or defective electrical wiring devices or equipment, unsafe or defective gas piping, or appliances which are liable to cause or promote fires. (5) All vacant buildings and structures which have been damaged by fire, explosion, wind, vandalism, or elements of nature so as to have become dangerous to the life, safety or the general health and welfare of the occupants thereof or inhabitants of the city. (6) Those vacant structures which have become so dilapidated, decayed, unsafe, unsanitary or which utterly fail to provide amenities essential to decent living such that they are unfit for human habitation or likely to cause sickness or disease so as to work injury to the health, safety or general welfare of those living thereabout. (7) Those buildings and structures existing in violation of any provision of the building code of the city or any provision of the city fire code or other ordinances of the city, to such an extent that they are dangerous to the health, safety, and welfare of the citizens of the city. (Ord. No. 85-56, § 1, 5-14-85; Ord. No. 91-53, § 1, 6-11-91; Ord. No. 98-34, § 1, 5-12- 98; Ord. No. 05-019, § 1, 2-8-05) Sec. 14-51. Dangerous buildings declared nuisances. All "dangerous buildings" within the terms of section 14-50 are hereby declared to be public nuisances and shall be repaired, removed or demolished as hereinafter provided. (Ord. No. 85-56, § 1, 5-14-85) Sec. 14-52. Standard for repair or demolition. The following standards shall be followed in substance by the building official or designated enforcing officer and the city council in ordering repair or demolition of a "dangerous structure" within the terms of section 14-50: (1) If, after inspection by the building official or designated enforcing officer and support inspections from other concerned departments or divisions, if necessary, a determination is made that the building is a dangerous structure, the building official or designated enforcing officer shall tag the structure and the owner shall be ordered by a certified letter to contact the building official or designated enforcing officer within fifteen (15) days from the date of said letter. The owner shall be ordered, by letter, to enroll in an official work program to repair the structure or demolish said structure within thirty (30) days. (2) If a permit to repair or demolish said structure is not obtained from building codes and repairs or demolition are not completed within forty- five (45) days of the date of the letter provided for in subsection (1) above, the building official or designated enforcing officer shall give notice, by letter, to the owner of said structure to appear before the city council to show cause why said structure should not be demolished and at the cost of the owner. Building permits issued to repair a structure under an official work program shall have the same expiration date as the work program. (3) If a structure is to be repaired such that it is no longer a "dangerous structure" under the terms of this article, said structure shall be brought into compliance with the provisions of the current International Property Maintenance Code adopted by the city. Repairs to such structures shall be completed and a certificate of occupancy issued within a period not exceeding one hundred fifty (150) days from the date of initiating a work program. Failure to obtain substantial completion, as defined in the work program, within ninety (90) days from the date of initiating said program or failure to obtain a certificate of occupancy within the one hundred fifty - day period, the structure may be brought before the city council for a condemnation order without further notice to the owner. Owner who initiates a work program hereunder shall agree that unless the structure is brought into compliance with the city's current International Property Maintenance Code it may be immediately brought before city council for a condemnation order without further notice. (4) Any vacant structure found to be a "dangerous structure" as defined herein or substandard under article III shall be posted as provided in section 14-50 to prevent occupancy. It shall be unlawful for any person to occupy a structure that has been tagged as a "dangerous structure" in accordance with this section. (5) All notices, as provided herein, shall be served by delivering same to the owner or agent in person, or by mailing the same certified to the residence or business address, if known, of such owner or agent, or by posting the same in a prominent place upon such building or structure. (6) If, upon hearing, the city council finds that the building or structure is in violation of section 14-50 hereof, the city council shall order the structure to be razed or repaired at such time and under such conditions as the city council may, in its discretion, stipulate at said hearing. Such owner or agent shall forthwith comply with said order of the city council, and any owner or agent of such building or structure failing to comply with such order within the time therein stipulated shall be deemed guilty of a misdemeanor and punished as provided in this Code. If the owner obtains a permit and voluntarily demolishes his/her structure under this program, such owner shall be exempt from payment of the landfill disposal fee for the debris resulting from such demolition. (7) If any such building or structure condemned by the order of the city council, as provided herein, is not razed or repaired within the time and under the condition specified in such order, the council may, at its discretion, proceed to have the same, razed and charge the actual expense to the owner of the real estate or lot as shown on the tax roll. A statement of expenses incurred by the city in the demolition and removal of such building or structure under this section shall be mailed to the property owner shown on the tax roll at the time of service. The statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done, and description of the lot or premises upon which such work was done. Payment is due and is considered delinquent if not received by the city within thirty (30) days. If payment is not made within ninety (90) days, the city's authorized agent is hereby authorized to charge such costs and expenses as a lien against the property upon which such building or structure is situated, and upon all other property situated in the city belonging to the owner of such building or structure. (8) Structures that have been tagged as a dangerous or dilapidated structure, which may be of historical significance, shall be provided reasonable time for repairs and/or restoration. In order to qualify under the historical structure requirement, the structure must meet one (1) of the following criteria: a. Existing or proposed recognition as a national historic landmark, or state historic landmark, or entry, or proposed entry into the national register of historic places. b. Identification as the work of a designer, architect or builder whose work has influenced the growth or development of the city. C. Embodiment of elements of architectural design, detail, materials or craftsmanship which represents a significant architectural innovation or an outstanding example of a particular historical, architectural or other cultural style or period. The determination if a structure meets criteria b. or c. shall be determined by the historic landmark commission. The process for obtaining a historical designation will include the submittal of an application to the planning division. An application for an amendment to the zoning ordinance shall also be submitted with the historical designation application. A letter to be included with the application shall provide the necessary documentation that supports at least one (1) of the above criteria. Additional information may be submitted or requested by the city that may be appropriate to support or verify the historical designation. The property owner of a tagged structure that meets one (1) or more of these criteria will be provided one (1) year to substantially complete repairs, as currently defined by the city, and one (1) additional year to obtain a certificate of occupancy (CO). If either one (1) of these time frames is not met, the structure may be razed. (Ord. No. 85-56, § 1, 5-14-85; Ord. No. 91-53, § 2, 6-11-91; Ord. No. 92-50, § 1, 6-30- 92; Ord. No. 94-15, § 1, 3-22-94; Ord. No. 98-34, § 2, 5-12-98; Ord. No. 05-019, § 2, 2- 8-05; Ord. No. 05-032, § 1, 3-22-05) Sec. 14-53. Abatement of building or structures constituting a clear and present danger to the public safety. Notwithstanding all other provisions of this article, nothing herein shall be deemed a limitation on the duty of the city to summarily order the demolition of any vacant building or structure where it is apparent that the immediate demolition of such building or structure is necessary for the preservation of life and property in the city. (Ord. No. 85-56, § 1, 5-14-85) Sec. 14-54. Enforcing officer --Powers and duties. The building official or his or her designee, hereinafter referred to as "enforcing officer," is charged with the duty of enforcing this article. (1) Neither the enforcing officer nor any employee of his division shall be financially interested in the furnishing of labor, material or appliances for the construction, alteration or maintenance of a building or in the making of plans and specifications therefor for a profit unless such person is the owner of such structure. (2) Neither the enforcing officer nor any employee of his division shall engage in any work which is in conflict with his duties or the interest of the department. (3) The enforcing officer shall enforce this article in the following manner: (a) The enforcing officer shall inspect or cause to be inspected, when necessary, all buildings or structures of any kind which are unoccupied or apparently abandoned, for the purpose of determining whether any condition exists which renders such place a "dangerous structure" within the terms of section 14-50. (b) The enforcing officer shall inspect any building or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article. The enforcing officer shall notify in writing, by certified mail, the owner and/or all persons having an interest, as shown by the tax rolls of the city, in any building found by the enforcing officer to be a "dangerous structure" within the standards set forth in section 14-50. Said notice shall state (i) a description of the building or structure; (ii) a statement of the particulars which make the building or structure a "dangerous structure"; (iii) that the owner must repair or demolish said building or structure; (iv) that any person notified under this subsection to repair or demolish any building or structure shall be given reasonable time, as provided in this Code of Ordinances, to do or have done the work required by the notice; and (v) that the owner of said structure shall appear before the city council to show cause why said structure should not be repaired, removed or demolished. The enforcing officer shall also file a notice of declaration of dangerous structure in the deed records of Jefferson County, Texas. Such notice will provide lawful notice to any proposed purchaser of the property that the structure thereon has been declared a dangerous structure, may not be lawfully occupied, is subject to demolition and may be eligible for building permits necessary to rehabilitate the structure. (Ord. No. 85-56, § 1, 5-14-85; Ord. No. 98-34, § 3, 5-12-98; Ord. No. 05-019, § 2, 2-8- 05) Sec. 14-55. Same—Assistance by other departments. The enforcement officer is to seek the assistance of the fire department, the health department, and the police department in order to effectively enforce the terms of this article, and said departments are to assist the enforcing officer in any way possible in said enforcement. (Ord. No. 85-56, § 1, 5-14-85; Ord. No. 05-019, § 2, 2-8-05) Sec. 14-56. No utilities to vacant dwellings. No water, gas, electricity, or sewer services shall be provided to any dwelling unit or rooming unit found to be substandard which is or becomes vacant until such dwelling unit or rooming unit has been brought into compliance with the provisions of this article. (Ord. No. 85-56, § 1, 5-14-85) Sec. 14-57. Notices. All notices provided for herein shall be deemed sufficient if sent by United States mail, return receipt requested, to the last known address of the occupant, owner or persons having an interest in a structure as required above and if a copy of such notice is posted in a conspicuous place on the substandard building, dwelling unit, rooming house or rooming unit to which it relates. (Ord. No. 85-56, § 1, 5-14-85) Sec. 14-58. Securing of unoccupied buildings. (a) Purpose. An owner or person in control of an unoccupied building shall insure that the building is in such condition that an unauthorized person cannot enter into it through missing or unlocked doors or windows, or through other openings into the building. The City of Beaumont may secure unoccupied, unsecured structures after the owner(s) fail to do so after reasonable notice. A lien may be filed on the structures to assure recovery of the cost of securing. (b) Definitions. An unsecured unoccupied building is hereby defined to be any structure that currently has no legitimate occupant or tenant and which has missing or unlocked doors or windows, or other unsecured openings into the building through which unauthorized persons can enter. Any unoccupied, unsecured building is hereby declared to be a danger to the public health and safety. (c) Notice. Whenever it is found that an unoccupied building is in such condition that an unauthorized person can enter it through missing or unlocked doors or windows or other openings, the city shall cause a written notice or "Notice to Secure" to be given to the owner of the property as such owner appears on the tax rolls of the City of Beaumont or to the person having the control over the property. Such notice shall be in writing and shall be given by depositing the notice in the United States mail addressed to the owner at the owner's post office address. If personal service cannot be obtained and the owner's post office address is unknown, notice may be given by publishing such notice at least twice within a ten-day period in a newspaper of general circulation in Jefferson County. If personal service cannot be obtained and the owner's post office address is unknown, notice may be obtained by posting the notice on or near the front door of the building. The notice must contain the following information: (1) An identification which is not required to be a legal description of the building and property on which it is located; (2) The description of the violation of the municipal standards that are present at the building; (3) A statement that the municipality may secure the building within thirty (30) days of the date of notice; and (4) An explanation that the owner is entitled to request a hearing within such thirty -day period concerning any matter relating to the municipality's proposed securing of the building. (d) Compliance with the provisions concerning the securing of unoccupied structures does not relieve the owner or occupant of the structure from the requirement to comply with other provisions of the dangerous structures ordinance. (e) Appeal. If the owner requests a hearing about the structure, the municipality shall conduct a hearing at which the owner may testify or present witnesses or written information about any matter relating to the proposed securing of the building by the city. The hearing shall be conducted within twenty (20) days after the day the owner files a written request for such hearing. The hearing shall be before a hearing officer designated by the city manager for such purpose. (f) Offenses. An owner who fails to timely comply with a notice to secure as set out herein shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two thousand dollars ($2,000.00). Each day's failure to comply after the expiration of the notice period shall constitute a separate offense. (g) If the owner fails to comply with a notice to secure, the city may order the boarding up of all openings so as to prevent entry or the reasonable securing of the structure by any other reasonable fashion and may assess the expenses of such securing as a lien on the property as allowed by Section 214.0011(f) of the Local Government Code. (Ord. No. 94-15, § 2, 3-22-94) Sec. 14-59. Reserved. ARTICLE IV. FEDERAL ASSISTANCE Sec. 14-60. Relocation assistance; eminent domain. (a) The provisions of this section shall apply only to city projects involving "federal financial assistance," as hereinafter defined. The provisions of this section shall be performed by the city manager or such employees or agents of the city as he shall from time to time designate. All departments involved in land acquisition shall cooperate to the fullest extent to achieve the purposes of this section. This section shall not apply to parcel acquisitions when such acquisitions are obtained or to be obtained wholly by city funds. (b) Damages and costs within the purview of this section shall not be considered elements of market value or damage, and shall not be recoverable in any eminent domain proceeding instituted by or against the city. (c) The city manager or his designee is hereby directed to comply with all regulations of any agency of the federal government, relating to land acquisition, relocation assistance, moving expenses and replacement housing payments, when any such agency is rendering financial assistance to any city project. (d) The city manager or his designee shall adopt a relocation program which shall include requirements of decent, safe and sanitary dwelling, the implementation of a relocation assistance program, moving expense provisions relating to relocatees, fixed allowance in lieu of moving and related expenses, replacement housing payments, provisions for appeals by relocatees to the city manager or his designee, the keeping of records, and such other provisions, programs or policies as may be required by the appropriate federal agency providing financial assistance to a city project. (e) No payment or expenditure made by virtue of this section shall be in excess of those authorized by or under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Program. (f) The phrase "federal financial assistance," as used in this section, means a grant, loan or contribution by the United States, excepting a federal guarantee or insurance, revenue sharing funding, and such other federal funding as may be exempt, by law, from the provisions of the United States Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs Act, 42 U.S.C. § 4601. (Code 1958, § 31A-1; Ord. No. 75-65, § 1, 10-7-75) Secs. 14-61--14-70. Reserved. ARTICLE V. REHABILITATION AGENCY* *Editor's note: Ord. No. 79-4, §§ 1--11, enacted Jan. 16, 1979, was nonamendatory to the Code and has been included herein as Art. V, §§ 14-71--14-81, at the editor's discretion. Sec. 14-71. Definitions. The following words and terms when used in this article shall, for the purpose of this article, have the following meanings: Deferred loans. The monies provided for rehabilitation of owner occupied dwelling units to be forgiven at a rate of 1/60th of the total loan per month for a period of five (5) years. Dwelling unit. A house, apartment, room or group of rooms occupied or intended for occupancy as separate living quarters. Rehabilitation, residential. The restoration of deteriorated structures to standard housing codes as established by law, including repair, renovation, conversion or remodeling of any structure with energy conservation material and/or devices. (Ord. No. 79-4, § 1, 1-16-79; Ord. No. 79-97, § 1, 12-18-79; Ord. No. 83-132, § 1, 10-11- 83; Ord. No. 92-16, § 1, 2-11-92) Sec. 14-72. Reserved. . Sec. 14-73. Rehabilitation deferred loans -Granting to qualified persons. Housing services shall make deferred loans to qualified persons for the rehabilitation of dwelling units. Deferred loans shall also be made for investor-owned residential property. (Ord. No. 79-4, § 2, 1-16-79; Ord. No. 92-16, § 1, 2-11-92) Sec. 14-74. Same -Derivation of fund. There is hereby created a rehabilitation deferred loan fund, to be funded with department of housing and urban development funds, to make deferred loans to owners of dwelling units in project areas who are unable to secure or qualify for funds from conventional sources for the purpose of refinancing or rehabilitating such property to standard housing code requirements. (Ord. No. 79-4, § 4, 1-16-79; Ord. No. 83-132, § 1, 10-11-83; Ord. No. 92-16, § 1, 2-11- 92) Secs. 14-75,14-76. Reserved. Editor's note: Ord. No. 92-54, § 1, adopted July 28, 1992, amended the Code by repealing provisions contained in §§ 14-75 and 14-76. Said provisions pertained to regulations prohibiting rehabilitation loans outside project areas and the creation of the loan advisory board and derived from Ord. No. 79-4, §§ 5, 6, adopted Jan. 16, 1979; Ord. No. 82-73, § 1, adopted July 13, 1982; Ord. No. 86-73, § 1, adopted July 22, 1986. Secs. 14-77,14-78. Reserved. Editor's note: Former §§ 14-77, 14-78, were repealed by Ord. No. 82-73, § 1, adopted July 13, 1982. Prior to repeal, such sections had set forth the purpose and terms of housing rehabilitation loans, and had been derived from Ord. No. 79-4, §§ 7, 8, adopted Jan. 16, 1979; and Ord. No. 79-67, § 2, adopted Dec. 18, 1979. Currently, similar provisions are included in regulations for the home rehabilitation program (see § 14-79). Sec. 14-79. Reserved. Sec. 14-80. Promissory note, lien as evidence and security of loan. Rehabilitation deferred loans shall be evidenced by a promissory note in favor of the city and either a mechanic's and materialmen's lien or by a properly executed real estate lien note and deed of trust for a period of time not to exceed a period of five (5) years. Deferred loans shall be forgiven at the rate of 1/60th of the total loan per month for a period of five (5) years at which time lien shall be released. If property is sold prior to the five (5) years the owner shall reimburse the program, the remaining payments based on the sixty (60) months amortization. The obligation to reimburse the loan funds should the property to sold prior to five (5) years after the commencement of the loan shall remain an obligation of the heirs of a deceased deferred loan holder. (Ord. No. 79-4, § 10, 1-16-79; Ord. No. 83-132, § 1, 10-11-83; Ord. No. 92-16, § 1, 2-11- 92) Sec. 14-81. Loan delinquency. The city shall have the authority to collect delinquent loans through any reasonable means permitted by law, including foreclosure and sale, upon the direction of the city manager. (Ord. No. 79-4, § 11, 1-16-79; Ord. No. 92-16, § 1, 2-11-92) 2 April 3, 2007 Consider amending Chapter 16 of the Code of Ordinances related to city libraries -f�i- BEAUMONT,TEXAS TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Jim Thompson, Parks and Recreation Director April 3, 2007 March 28, 2007 REQUESTED ACTION: Council consider amendments to Chapter 16 of the Code of Ordinances. RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 16 of the Code of Ordinances. BACKGROUND At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 16, related to the city library, were provided to the City Council for review. Following the plan, Chapter 16 is being brought forward for consideration and approval. When the new code is adopted at the conclusion of this recodification process, the sections related to the library commission will be moved to the chapter for boards and commissions. Additional chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARYIMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 16, SECTION 16-14 AND REPEALING CHAPTER 16, SECTIONS 16-4, 16-5, 16- 6, 16-7 AND 16-8 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 16, Sections 16-4, 16-5, 16-6, 16-7 and 16-8 be and the same are hereby repealed. Section 2. That Chapter 16, Section 16-14, be and the same is hereby amended to read as follows: Sec. 16-14. Late charges; processing fee. The library director shall charge a daily late charge to those persons whose cards are used to check out materials which are returned after the applicable loan period. The loan period, daily late charge and maximum late charge for each item shall be as follows: TABLE INSET: Item Loan Period Daily Late Charge Maximum Late Charge Books Two weeks with $0.10 Replacement cost one renewal for two weeks Cassettes Three weeks/non- $0.10 Replacement cost renewable Compact discs Two weeks with $0.10 Replacement cost and audio books one renewal for two weeks Video tapes and One week/non- $2.00 $25.00 DVDs renewable Framed prints One month/non- $0.50 $10.00 renewable The loan periods established herein may not be extended by renewal. The director shall, in addition to any late charge imposed by this section, charge a processing fee of five dollars ($5.00) for hard back books and two dollars ($2.00) for paper back books, which is not refundable, for lost or damaged materials. Section 3. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. 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 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 3rd day of April, 2007. - Mayor Guy N. Goodson - Chapter 16 LIBRARY* *Cross references: Library department, § 2-140. State law references: Authority to take property for library purposes, VTCS, Art. 1175(15); state plan for library services and construction, Art. 5436a. Sec. 16-1. Library commission --Creation, members. There is hereby created a library commission which shall be composed of nine (9) members who are resident citizens, and qualified voters of this city. The members of the library commission shall be appointed by the city council for two (2) years or until a successor is appointed. The city council shall name one of the commissioners as chairman and one as vice-chairman. Vacancies shall be filled by the city council for the unexpired term. Members of the library commission shall serve without compensation. (Code 1958, § 18-1; Ord. No. 83-175, § 1, 12-13-83) Sec. 16-2. Same --Duties. The duties of the library commission shall be advisory in nature to the city council and the city manager. It shall recommend library objectives and policies, assist in planning for a continuing program of library services and development, assist the library director in keeping the city officials and the public informed about current library trends, and recommend to the library director changes and improvements which will update the library services. (Code 1958, § 18-2) Sec. 16-3. Library name; branches. The library of the city shall be known as the Beaumont Public Library System. Branches thereof may be established by the city council upon recommendation of the library commission or city manager. (Code 1958, § 18-3; Ord. No. 78-110, § 1, 11-28-78; Ord. No. 01-035, § 1, 5-1-01) Sec. 16-4. Reserved. DiresteF. (Code 1958, § 18-4; Ord. No. 78-110, § 1, 11-28-78) Sec. 16-5. Reserved. 6Geks and aGGOUnts; , (Code 1958, § 18-5) Sec. 16-6. Reserved. ExpendlitWe Gf funds,. (Code 1958, § 18-6) Sec. 16-7. Reserved. Rues. (Code 1958, § 18-7) Sec. 16-8. Reserved. Parsennel. TMFMO. RVI (Code 1958, § 18-8) Sec. 16-9. Fees for nonresident cards. It shall be unlawful for a nonresident of the city to check out any item from the Beaumont Public Library unless such person holds a nonresident card issued under the following terms and conditions: (1) A nonresident individual card at a cost of twenty-five dollars ($25.00) per year will entitle the holder to check out a maximum of five (5) items at any one (1) time if otherwise allowed by existing rules for each item. (2) A nonresident family card at a cost of forty dollars ($40.00) per year will entitle the holder to check out a maximum of ten (10) items at any one time if otherwise allowed by existing rules for each item. (Code 1958, § 18-9; Ord. No. 75-54, § 1, 9-2-75; Ord. No. 78-110, § 1, 11-28-78; Ord. No. 91-17, § 1, 2-26-91; Ord. No. 03-103, § 1, 12-9-03; Ord. No. 05-011, § 1, 1-25-05) Sec. 16-10. Failing to return materials --Unlawful. It shall be unlawful for any person to fail to return library materials borrowed from the Beaumont Public Library System. (Ord. No. 01-035, § 1, 5-1-01) , , •, Shall at all (Code 1958, § 18-5) Sec. 16-6. Reserved. ExpendlitWe Gf funds,. (Code 1958, § 18-6) Sec. 16-7. Reserved. Rues. (Code 1958, § 18-7) Sec. 16-8. Reserved. Parsennel. TMFMO. RVI (Code 1958, § 18-8) Sec. 16-9. Fees for nonresident cards. It shall be unlawful for a nonresident of the city to check out any item from the Beaumont Public Library unless such person holds a nonresident card issued under the following terms and conditions: (1) A nonresident individual card at a cost of twenty-five dollars ($25.00) per year will entitle the holder to check out a maximum of five (5) items at any one (1) time if otherwise allowed by existing rules for each item. (2) A nonresident family card at a cost of forty dollars ($40.00) per year will entitle the holder to check out a maximum of ten (10) items at any one time if otherwise allowed by existing rules for each item. (Code 1958, § 18-9; Ord. No. 75-54, § 1, 9-2-75; Ord. No. 78-110, § 1, 11-28-78; Ord. No. 91-17, § 1, 2-26-91; Ord. No. 03-103, § 1, 12-9-03; Ord. No. 05-011, § 1, 1-25-05) Sec. 16-10. Failing to return materials --Unlawful. It shall be unlawful for any person to fail to return library materials borrowed from the Beaumont Public Library System. (Ord. No. 01-035, § 1, 5-1-01) Sec. 16-11. Same --Evidence of violation. In any prosecution charging a violation of section 16-10, proof that, (1) the library materials were to be returned on a date specified; (2) notice was given by depositing in the United States mail said notice addressed to the person who borrowed the library materials sent to his address as shown on the records of the library and stating that the materials were not returned on the date specified; and, (3) the library materials are not returned to the Beaumont Public Library within twenty (20) days, shall constitute in evidence a prima facie case establishing violation of section 16-10. (Ord. No. 78-110, § 1, 11-28-78) Sec. 16-12. Same --Presumption of receipt of notice. If notice is given in accordance with section 16-11, it is presumed that the notice was received no later than five (5) days after it was sent. Sec. 16-13. Same --Lack of possession no defense. In prosecutions under section 16-10 it shall be no defense that the borrower of the library material no longer possesses them. Sec. 16-14. Late charges; processing fee. The library director shall charge a daily late charge to those persons whose cards are used to check out materials which are returned after the applicable loan period. The loan period, daily late charge and maximum late charge for each item shall be as follows: TABLE INSET: Item Loan Period Daily Late Charge Maximum Late Charge Books Two weeks with one $0.10 Replacement cost renewal for two weeks Cassettes Three weeks/non- $0.10 Replacement cost renewable Compact discs and Two weeks with one $0.10 Replacement cost audio books renewal for two weeks Video tapes and One week/non- $2.00 $25.00 DVDs renewable Framed printsI One month/non- renewable $0.50 The loan periods established herein may not be extended by renewal. $10.00 The director shall, in addition to any late charge imposed by this section, charge a processing fee of five dollars ($5.00) for hard back books and two dollars ($2.00) for paper back books, which is not refundable, for lost or damaged materials. (Ord. No. 80-8, § 1, 1-29-80; Ord. No. 82-92, § 1, 8-24-82; Ord. No. 83-131, § 1, 10-11- 83; Ord. No. 91-17, § 2, 2-26-91; Ord. No. 01-035, § 1, 5-1-01; Ord. No. 01-060, § 1, 8- 21-01; Ord. No. 03-103, § 2, 12-9-03; Ord. No. 05-011, § 2, 1-25-05) Sec. 16-15. Rental for use of meeting room. The rental rate for the use of a meeting room shall be ten dollars ($10.00) an hour with a minimum use of three (3) hours. If food is to be served, a refundable deposit of twenty-five ($25.00) shall be paid in advance of the use. (Ord. No. 83-131, § 1, 10-11-83; Ord. No. 01-035, § 1, 5-1-01) 3 April 3, 2007 Consider approving a request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district at 3185 Highland City of Beaumont � Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 20, 2007 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district at 3185 Highland. RECOMMENDATION The Administration recommends approval of a request for a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District at 3185 Highland. BACKGROUND Patricia Lanier, power-of-attorney for her father Herbert York, is requesting a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District or more restrictive district for the property located at 3185 Highland. Ms. Lanier states that the property has been used for commercial for the past 60 years. She says that it has been used in many capacities over the years from an auto parts store to a warehouse to, most recently, a church. After Hurricane Rita, the family had approximately $40,000 worth of repairs done to the structure to bring it up to code. The property is zoned RS and since the building has been vacant for a year or more, the use of the property must conform to the current zoning or the property must be rezoned. Approximately 65' to the north of the subject property is GC -MD zoning. To the southeast is NC zoning. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District at 3185 Highland. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 3185 HIGHLAND, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District for property located at 3185 Highland, being Lots 3 and 4, Block 1, South End Addition, City of Beaumont, Jefferson County, Texas, containing 0.32 acres, more or less, as shown on Exhibit "A" 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 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. 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 1-8 of the Code of Ordinances of Beaumont, Texas. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - File 1864-Z: Request for a zone change from RS (Residential Single Family Dwelling) N District to NC (Neighborhood Commercial) District or more restrictive district. Location: 3185 Highland Applicant: Herbert H. York, Sr. 50 D Feet Legend Subject �UCL`p AVE r9,Q� G Z v M cn T = HARFt10T S Z Z 0 Z M �y EXHIBIT `A' E CHAPIN ST 11 April 3, 2007 Consider approving a request for a specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4055 Calder �' City of Beaumont � ,a 1:12FRIlkwoulmimmc Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 20, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4055 Calder. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4055 Calder. BACKGROUND The Cosmos Foundation Inc., dba Harmony Science Academy, has applied for a specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District. The property is located in a former Market Basket store at 4055 Calder. Cosmos Foundation Inc. currently operates nine charter schools in a number of Texas cities. These schools serve approximately 3,400 students with more than 300 staff members. Recently, the State Board of Education granted Harmony a new charter in Beaumont. Harmony will offer a comprehensive college preparatory program emphasizing science and technology education. The school will offer programs to develop skills and education for its students needed to enroll in science and engineering departments in college. Harmony's Beaumont campus will serve pre -Kindergarten through grade 12 when it is fully developed. In the first year, grades K-8 will be served with 350 students. The classes will start at 8 a.m. and end at 4 p.m. After school activities, such as tutorials, will last until 5 p.m. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 5:2:1 to approve a specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District at 4055 Calder. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHARTER SCHOOL IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4055 CALDER IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to The Cosmos Foundation, Inc., dba Harmony Science Academy, to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 4055 Calder, being Block 1, Caldwood Plaza Addition, City of Beaumont, Jefferson County, Texas, containing 2.97 acres, more or less, as shown on Exhibit "A" attached hereto; 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 OF BEAUMONT: Section 1. That a specific use permit to allow a charter school in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 4055 Calder, being Block 1, Caldwood Plaza Addition, City of Beaumont, Jefferson County, Texas, containing 2.97 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to The Cosmos Foundation, Inc., dba Harmony Science Academy, its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - IN lb -]Z -P: Request for a specific use permit to allow a charter school in a GC -MD General Commercial -Multiple Family Dwelling). District. N -1ocation: 4055 Calder applicant: Mark Whiteley & Associates, Inc. 460 Feet p BROADWAY ST W CkOE'R PHELAN PHELAN BLVD SCOTCH W S Legend N W 711 GMD EXHIBIT `A' CALDER AVENUE CENTER Calder Avenue OW 24th. Street PHe.AN BOULEy,D SITE SUMMARY Building Area: 34,641 Sq. Ft. 1 Avatabk 30.441 SF 2 l6 Nada Epp 5F 3 Jostm Cori Rings 940 SF 4 Too Hlyh Main umm 750 SF n 5 Hair Cartel 1.9103F G M /e N ad 2 3 4 . `JR4 5 �UE1lpraisYortalaan WEINGAJUEN FJE&Tf INVESTM .mom.,.....,._ �..w,... wn.eetoga lae•o�,teeraassla LNWAwc 129AS7 et! Anes P�ei�ess �i�ee��eees aocP+s e�+ew UdMs Arw KNI m salt 11-W r.krF 227 6Msoee. LS 110009 FAV- 07 -Zs -a 0069 Exhibit "B" 5 April 3, 2007 Consider approving a request for a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District at 2170 Broadway City of Beaumont AE Council Agenda Item ZGZMEMMIK TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 20, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District at 2170 Broadway. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District at 2170 Broadway. BACKGROUND Marvin and Deborah Atwood have applied for a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District. The property is located at 2170 Broadway. The Atwoods operate several small businesses and would like to use the subject property as a location to house a clerical and communication center for those businesses. The proposed business office would house two persons. No walk-in business would occur. The subject property has been used for commercial purposes for a number of years. The back yard is completely paved as a parking lot. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District at 2170 Broadway. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BUSINESS OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 2170 BROADWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Atwood Business Office, to allow a business office in an RCR (Residential Conservation and Revitalization) District for property located at 2170 Broadway, being Lot 4 and the E % of Lot 5, Block 15, McFaddin 2nd Addition, City of Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A" attached hereto; 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 OF BEAUMONT: Section 1. That a specific use permit to allow a business office in an RCR (Residential Conservation and Revitalization) District for property located at 2170 Broadway, being Lot 4 and the E '/2 of Lot 5, Block 15, McFaddin 2nd Addition, City of Beaumont, Jefferson County, Texas, containing 0.26 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Atwood Business Office, its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - File 1876-P: Request for a specific use permit to allow a business ofice in an RCR N (Residential Conservation and Revitalization) District. Location: 2170 Broadway iso Applicant: Atwood Business Office Feet MCpADDIN AVE SROADWAY ST end 61 CALDERAVE GC -M LIBERTY AVE . r EXHIBIT `A' No Text i April 3, 2007 Consider approving a request for a specific use permit to allow a bank in a PUD (Planned Unit Development) District at 6250 Delaware City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 20, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a bank in a PUD (Planned Unit Development) District at 6250 Delaware. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a bank in a PUD (Planned Unit Development) District at 6250 Delaware with a modification to the screening requirement (no 8' screening fence along the north property line). BACKGROUND Richard Guseman with Talisman Development Inc. has applied for a specific use permit to allow a bank in a PUD (Planned Unit Development) District. The property is located at 6250 Delaware. In May, 2006, the City Council approved a zone change to PUD for the Stone Manor project on the north side of Delaware. Talisman Development, Inc. plans to initially construct an 8,650 sq. ft. building on the subject property and lease the front 5,650 sq. ft. to Wells Fargo Bank. The remaining 3,000 sq. ft. will be reserved for a future use. This first building will be a single story frame structure with a brick veneer. A 10' landscape buffer consisting of a thick line of crepe myrtles and shrubs is planned along the north property line, adjacent to the 120' wide DD#6 ditch right-of-way. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a bank in a PUD (Planned Unit Development) District at 6250 Delaware with a modification to the screening requirement (no 8' screening fence along the north property line). Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BANK IN A PUD (PLANNED UNIT DEVELOPMENT) DISTRICT FOR PROPERTY LOCATED AT 6250 DELAWARE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Talisman Development, Inc., to allow a bank in a PUD (Planned Unit Development) District for property located at 6250 Delaware, as described in Exhibit "A" and shown on Exhibits "B" and "C" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a bank in a PUD (Planned Unit Development) District for property located at 6250 Delaware, as described in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto and made a part hereof for all purposes, is hereby granted to Talisman Development, Inc., its legal representatives, successors and assigns, subject to the following condition: • Modification to the screening requirement (no 8' screening fence along the north property line). Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEGINNING at the southeast corner of the herein described tract, said corner being located North 50 degrees 43 minutes 57 seconds West a distance of 115.92 from an iron located in the north line of Delaware Street, a 100 foot (100') wide public street right-of-way, marking the most southerly southeast corner of said 40.1148 acre Talisman Development, Inc. tract; THENCE with the south line of the herein described tract, South 86 degrees 26 minutes 23 seconds West (S 86° 26'23" W) for a distance of 87.00 feet (87.00') to a point marking the southwest corner of the herein described tract; THENCE with the west line of the herein described tract, North 03 degrees 33 minutes 37 seconds West (N 030 33'37" W) fora distance of 134.00 feet (134.00') to a point marking the northwest corner of the herein described tract; THENCE with the north line of the herein described tract, North 86 degrees 26 minutes 23 seconds East (N 860 26' 23" E) for a distance of 87.00 feet (87.00') to a point marking the northwest corner of the herein described tract; THENCE with the east line of the herein described tract, South 03 degrees 33 minutes 37 seconds East (S 03° 33'37" E) fora distance of 134.00 feet (134.00') to the PLACE OF BEGINNING. CONTAINING IN AREA 0.268 acres (11,658 square feet) of land, more or less. EXHIBIT `A' File 1877-P: Request for a specific use permit to allow a bank in a PUD (Planned Unit N Development) District. Location: 6250 Delaware Applicant: Talisman Development, Inc. 620 Feet .* Legend Subject µgpERALN m BANKSTON LN c� BENTON LN GRACE LN EWNGTON LN GC -MD GC -MD -2 DELAWARE ST A -R RS Exhibit "B" ■ a oil "no orX 2 LQ NIS E! C � a c�ug� 2 -0 ,8 m SII ti W r N I arm aDaz (eounoaoor row axr�a! �.mral 'nno�s3a aaav ir•a C'OZ7 S.LN�N.L3�MIIT.3QMOQ� a D /--VMDWYd4V&a UV Wd 1 1 1 1 1=1 W W I Exhibit "C" r W W I Exhibit "C" April 3, 2007 Consider approving a request for a specific use permit to allow a food manufacturing processing/warehouse facility in a CBD (Central Business District) at 730 Liberty City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 20, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a food manufacturing processing/warehouse facility in a CBD (Central Business District) at 730 Liberty. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to, allow a food manufacturing processing/warehouse facility in a CBD (Central Business District) at 730 Liberty, subject to the following condition: The garbage and recycling bins will be completely screened from view from any street via landscaping and solid, opaque fencing on a minimum of three sides. BACKGROUND Salad Soulmates, Inc. has requested a specific manufacturing processing/warehouse facility in located at 730 Liberty. use permit to allow the expansion of a food the Central Business District. The property is Salad Souhnates, Inc. currently operates a salad dressing manufacturing facility at what was formerly the Quality Cafe. Along with renovating the current building, the company would like to expand its food manufacturing operation to the area behind the existing building. The new building will be a processing/warehouse facility and will encompass approximately 2,500-3,000 sq. ft. The loading area will face Orleans Street. In September, 2006, the City Council approved an ordinance that temporarily requires a specific use permit for all uses in the Central Business District. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a food manufacturing processing/warehouse facility in a CBD (Central Business District) at 730 Liberty, subject to the following condition: The garbage and recycling bins will be completely screened from view from any street via landscaping and solid wood opaque fencing on a minimum of three sides. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FOOD MANUFACTURING PROCESSING/WAREHOUSE FACILITY IN A CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 730 LIBERTY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Salad Soulmates, Inc., to allow a food manufacturing processing/warehouse facility in a CBD (Central Business District) for property located at 730 Liberty, being part of Tract 3, Plat E, Noah Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 0.133 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens subject to the hereinafter described condition: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a food manufacturing processing/warehouse facility in a CBD (Central Business District) for property located at 730 Liberty, being part of Tract 3, Plat E, Noah Tevis Survey, City of Beaumont, Jefferson County, Texas, containing 0.133 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to Salad Soulmates, Inc., its legal representatives, successors and assigns subject to the following condition: The garbage and recycling bins will be completely screened from view from any street via landscaping and solid, opaque fencing on a minimum of three sides. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. e punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - File 1875!?: Request for a specific use permit to allow a food manufacturing N rocesshWwarehouse facility in a CBD (Central Business District Location: 730 Liberty 310 *cant: Salad Soulmates, Inc. Feet 1)41 D Legend LIBERTY AVE mss G�O A�q 'TS`T CVUIQIT 4A+ * Approval subject to the following condition: / �A 1. The garbage and recycling bins will be completely screened from view from any street via landscaping and solid wood opaque fencing on a minimum of three sides. SCALE PANNG BUMPERS CENTERLINE OF CONC. WALL SCRIBED X IN CONC. S 49'48'40' Y - 41.2' S 00'16'50" A - 48.911 FIR! SEr NAL S 4428' E - 26.2' , BUILMG CORNER U.S.A. ASP. PARKING LOT I DETAIL -N.T.S. !�2 1l'' l `sem- ,� Jr.. . d 0�NRIfX�1RBX(P.0.8.)�� sz-z: �a. (w CT). iB. J _ i N 00'15' E - 28.4' sEr NAIL J IVUALIT.Y 16'2 y, CAFE BMD TMC. 75.6' FNC PVC IN CURB LIBERTY ASE (60" 0'J A SURVEY OF A S; 777 S. F. (0.133A C.) TRA CT OF LAND IN THE NOAH TEVIS SURVEY JEFFERSON COUNTY, TEXAS M,4Y 12, 2003 BASIS OF BEARING IS PROJECT BEARINGS ON THE CITY OF BEAUMONT CROCKETT STREET PROJECT. A DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. I DO HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT FROM AN ACTUAL SURVEY OF THE LAND. ANY ABUTTINGROADWAYS, ENCROACHMENTS, PROTRUSIONS OR IMPR=VEMENTSD, IF ANY, ARE SHOWN HEREON. STEVEN R. P- Exhibit "B" O Q FMST UNITED METHODIST PC. f04-6.9-2478 (4TAT)UCT) (O'P'8 C.J CENTERLINE OF - SCALE PANNG BUMPERS CENTERLINE OF CONC. WALL SCRIBED X IN CONC. S 49'48'40' Y - 41.2' S 00'16'50" A - 48.911 FIR! SEr NAL S 4428' E - 26.2' , BUILMG CORNER U.S.A. ASP. PARKING LOT I DETAIL -N.T.S. !�2 1l'' l `sem- ,� Jr.. . d 0�NRIfX�1RBX(P.0.8.)�� sz-z: �a. (w CT). iB. J _ i N 00'15' E - 28.4' sEr NAIL J IVUALIT.Y 16'2 y, CAFE BMD TMC. 75.6' FNC PVC IN CURB LIBERTY ASE (60" 0'J A SURVEY OF A S; 777 S. F. (0.133A C.) TRA CT OF LAND IN THE NOAH TEVIS SURVEY JEFFERSON COUNTY, TEXAS M,4Y 12, 2003 BASIS OF BEARING IS PROJECT BEARINGS ON THE CITY OF BEAUMONT CROCKETT STREET PROJECT. A DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT. I DO HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT FROM AN ACTUAL SURVEY OF THE LAND. ANY ABUTTINGROADWAYS, ENCROACHMENTS, PROTRUSIONS OR IMPR=VEMENTSD, IF ANY, ARE SHOWN HEREON. STEVEN R. P- Exhibit "B" April 3, 2007 Consider approving a request for a specific use permit to allow a private school to teach phlebotomy in an RCR (Residential Conservation and Revitalization) District at 2263 North Street It . City of Beaumont IN� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 20, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a private school to teach phlebotomy in an RCR (Residential Conservation and Revitalization) District at 2263 North Street. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a private school to teach phlebotomy in an RCR (Residential Conservation and Revitalization) District at 2263 North Street with a modification to the landscaping/screening requirements (no additional landscaping or screening requirements along the south, east and west property lines). BACKGROUND Pamela Jolivet with the Southeast Texas Phlebotomy Institute is requesting a specific use permit to allow a private school to teach phlebotomy (blood specimen collection). Students will be pre- screened before admission to the school. Daily activities will consist of education pertaining to blood specimen collection with instructor lectures and hands -on -training. The course will be 200 hours of classroom lecture, simulated lab procedures and off -campus clinical internship. Student -to -instructor ratio will be 15-20:1. Hours of operation will be 9 a.m. - 9 p.m., Monday - Friday. Day classes will be taught from 9 a.m. - 1 p.m. and evening classes will be taught from 5 p.m. - 9 p.m. The business office will be open 9 a.m. - 4 p.m. Upon completion of the 200 hours of course work, the students will be eligible to test for the National Phlebotomy Certification. At a Joint Public Hearing held March 19, 2007, the Planning Commission voted 8:0 to approve a specific use permit to allow a private school to teach phlebotomy in an RCR (Residential Conservation and Revitalization) District at 2263 North Street with a modification to the landscaping/screening requirements (no additional landscaping or screening requirements along the south, east and west property lines). Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PRIVATE SCHOOL TO TEACH PHLEBOTOMY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT, FOR PROPERTY LOCATED AT 2263 NORTH STREET, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Southeast Texas Phlebotomy Institute to allow a private school to teach phlebotomy in an RCR (Residential Conservation and Revitalization) District for property located at 2263 North Street, being the W Y2 of Lot 9, all of Lot 10 and the E 10' of Lot 11, Block 5, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a private school to teach phlebotomy in an RCR (Residential Conservation and Revitalization) District for property located at 2263 North Street, being the W '/2 of Lot 9, all of Lot 10 and the E 10' of Lot 11, Block 5, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.29 acres, more or less, as shown on Exhibit 'A," attached hereto and made a part hereof for all purposes, is hereby granted to Southeast Texas Phlebotomy Institute, its legal representatives, successors and assigns, subject to the following condition: • Modification to the landscaping/screening requirements (no additional landscaping or screening requirements along the south, east and west property lines). Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - File 1867-P: Request for a specific use permit to allow a private school to teach phlebotomy N in an RCR (Residential Conservation Revitalization) District Location: 2263 North Street (Applicant: Pamela Jolivet 50 -- I I 0 Feet HAZEL NORTH ST MCFADDIN AVE EXHIBIT `A' Legend r T� 3'Ilizz-• ej CITU OF BEP ti. pI.ANNING WEB ;6 2007 Exhibit "B" April 3, 2007 Consider approving a request to abandon a portion of Blanchette Street west of 11 ' Street V BEAUMONT, TEXAS TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Tom Warner, Public Works Director April 3, 2007 AGENDA MEMO DATE: March 20, 2007 REQUESTED ACTION: Council consider a request to abandon a portion of Blanchette Street west of 11 `h Street. RECOMMENDATION The Administration recommends approval of a request to abandon a portion of Blanchette Street west of 11`h Street subject to the following condition: Coordinate with Entergy, Centerpoint, Time Warner and Water Utilities on providing an easement for their service lines or relocating the lines. BACKGROUND Jefferson County Drainage District #6 has requested the abandonment of an 80' section of Blanchette Street, between 11' and 12`h Streets. DD#6 has developed a plan to help relieve the flooding in the Corley -Cartwright area of Beaumont. This undeveloped portion of Blanchette is included within a proposed detention basin. Blanchette, east of 12`h and west of the subject property, has already been abandoned. This item was sent to all interested parties. Water Utilities has a 12" sanitary sewer line in the right- of-way. DD#6 has informed Water Utilities that it will work around the sewer line. Entergy, Centerpoint and Time Warner have service lines in the right-of-way. DD#6 will need to coordinate with those companies to relocate those lines. At a Regular Meeting held March 19, 2007, the Planning Commission voted 8:0 to approve a request to abandon a portion of Blanchette Street west of 11`h Street subject to the following condition: Coordinate with Entergy, Centerpoint, Time Warner and Water Utilities on providing an easement for their service lines or relocating the lines. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 60' X 80' SECTION OF BLANCHETTE STREET, BETWEEN 11TH AND 12TH STREETS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 60'X 80' section of Blanchette Street, between 11th and 12th Streets, beginning at a point 640' from the west right-of-way line of 11th Street, then in a westerly direction for a distance of 80' to a point which is also the east boundary line of what is known as "Tract E", City of Beaumont, Jefferson County, Texas, containing 0.11 acres, more or less, as shown on Exhibit "A" attached hereto, be and the same are hereby vacated and abandoned subject to the following condition: 2007. Coordinatewith Entergy, Centerpoint, Time Warnerand Water Utilities on providing an easement for their service lines or relocating the lines. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - File 714-OB: Request to abandon a portion of Blanchette Street west of 11'* Street. N Applicant: Drainage District #6 lul April 3, 2007 Consider amending Section 29-38 of the Code of Ordinances establishing fees for Emergency Medical Services 117LJIJ j1M&WjM1%L A TO: FROM: PREPARED BY: MEETING DATE: AGENDA MEMO DATE: REQUESTED ACTION: RECOMMENDATION City Council Agenda Item City Council Kyle Hayes, City Manager Ingrid Holmes, Public Health Director Max S. Duplant, Chief Financial Officer April 3, 2007 March 30, 2007 Council consider an ordinance amending Section 29-38 of the Code of Ordinances establishing fees for Emergency Medical Services. The Administration requests approval of an ordinance amending Section 29-38 of the Code of Ordinances establishing fees for Emergency Medical Services. BACKGROUND City of Beaumont Emergency Medical Services (EMS.) fees are market driven fees for providing emergency medical services. Each year, Medicare, Medicaid, and the private insurance industry, reviews and revises its allowable fees to address the medical services market. Medicare has changed its fee structure and incorporated itemized medications and supplies into the base fee. Staff recommends that this same procedure be adopted for the City. Such changes allow for billing of specific services and may change periodically, thereby changing the fee structure. In the past, the City Manager had been given authority by Council to amend these fees after conducting a study. Attached is a schedule which shows current EMS fees for the City along with comparable rates from Austin, Baytown, Dallas, El Paso, Galveston, Irving, La Porte, Orange County, Plano, San Antonio and Stat Care EMS. The proposed rates for the City are in line with rates charged by the other ambulance companies surveyed and incorporate Medicare's latest fere structure. These fees were last updated on October 1, 2001. BUDGETARY IMPACT Additional revenue received from Medicare due to the change in fee structure is expected to net approximately $80,000 per year. p O p O p O p O S p $ DO N N$ 00 N N 0 N_ O N_ D _N 0 N 0 N Q Q Q Q Q Q Q Q Q Q cM co 22p�:22 W MW 2 H 2222 HHHF z z z z z zz z zz H a 88 88 S S QQBad \ \ \ \ d \ dddd \ 1 \ \ $ /A 8 d \ Q 8 dd \ \ Q \ QQ 1 \ 88% M zzazz z zzzz z z � zz z zz l�j)f U 88 88 8 O $ Q$$ N N N$ Q Q Q Q Q Q Q Q Q Q S Q o c�1 zap0� g 29 z z Z z z z zZ z �z tJ v H H H .. on 88 88S,4 SgigWW 8 88$$ S 8 d Q g gQ d QQ s � gga 8 4igCi vr�i R 8 8 z z z Z zz Q g �r U 2fi pp p 8 p O p O p O p 88888 8ppOO8 p 8888 ppp 8 p 8 p 88 88 p O Q tb pO 0000 O 0000 M O O COS�OG g q 0 0 8 0 8O 8 8$ N N N N N 8 O O Q Q Q tV Q Q o Q c S8 "22 w 2 w 2 LU 10 5 w Z A g g Z z z Q Z z 8z ® tD ® tD t0 t0 H Qg dp o d S 888$8 8 SSSS 8 8 8 O O 88 O 88 \ z \ z O \ z S OC � 00 C CCOO O 8 5? ^ � U in Q p 8Q p d d0 pp p $S p p O S p $Q$NN Q p 88$ p p Q `' Q QQ g SQ z iri et iti ici ui N r- r z co g w z vi N �i w r a� N a& .IPC.) z z z z § 8 z U H N !- o Q 8 Q\ 8 Q 88888 8QSS S 8888 8 8 8 8 8 88 o 88 0 z z S 000 00 0 0 0 0 O 8 A O O 0.0. O CO. E IAA ((OO 7 C V QpO 8p p S � 8 "i $ Y�p S $Q� zz z Sz I N .,X � 8 U 0.1 d fA d d GC O cG 2 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 29, SECTION 29-38, OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, ESTABLISHING FEES FOR EMERGENCY MEDICAL SERVICES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City desires to amend fees charged for emergency medical services rendered to the public; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 29, Section 29-38, be and the same is hereby amended to read as follows: Sec. 29-38. Fees. The following fees shall be charged by the Emergency Medical Services Division for services rendered to the public: (a) Basic Life Support emergency ........................... $500.00 (b) Advanced Life Support emergency, non -specialized .......... $600.00 (c) Advanced Life Support emergency, specialized, level 2 ........ $700.00 (d) Mileage (per mile) ...................................... $10.00 (e) Response fee/aid (no transport) .......................... $150.00 (f) Out of City fee ........................................ $150.00 Section 2. All amended fees heretofore established by the City Manager pursuant to authority of Ordinance 84-42 are hereby ratified. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - 11 April 3, 2007 Consider amending the FY 2007 Budget to transfer funds from the General Fund's fund balance to the Capital Reserve Fund l ro .. r - City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 28, 2007 REQUESTED ACTION: Amend the FY 2007 Budget to transfer funds from the General Fund's fund balance to the Capital Reserve Fund. RECOMMENDATION It is recommended that Council amends the FY 2007 Budget by transferring $4 Million from the fund balance in the General Fund to the Capital Reserve Fund for community facility enhancements throughout the city. BACKGROUND By the end of Fiscal Year 2007, the fund balance in the General Fund is projected to be approximately $22 Million. The Capital Reserve Fund is used for facility improvements as well as vehicle and equipment purchases. Transferring $4 Million from the General Fund to Capital Reserve will allow the City to use cash instead of long-term financing to fund enhancements to facilities throughout the City that will improve the quality of life for the citizens of Beaumont without incurring interest costs. The planned projects proposed by the City Manager are as follows: Projects Estimated Cost New community center at Tyrrell Park $ 950,000 Lighting and entranceway improvements at Tyrrell Park 100,000 New community center at Rogers Park 750,000 Lighting and parking lot improvements at Rogers Park 200,000 New community center in North End 750,000 Replacement of the gym floor at the Sterling Pruitt Activity Center 300,000 Replacement of the tennis court removed at Caldwood Park 100,000 Total $ 3,150,000 Budget Amendment March 28, 2007 Page 2 The estimated cost of the projects listed above total $3,150,000 of the $4 Million transfer. The remaining $850,000 will be available in the Capital Reserve for future improvements and purchases. BUDGETARY IMPACT By the end of Fiscal Year 2007, fund balance in the General Fund is projected to be approximately $22 Million. After making the recommended $4 Million transfer, the remaining fund balance will be approximately $18 Million. This is a healthy fund balance for the General Fund providing reserves for future unforeseen items and occurrences. The Capital Reserve Fund will recognize a Transfer -In of $4 Million that will be allocated to the projects listed above. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2007 TO TRANSFER $4 MILLION FROM THE FUND BALANCE OF THE GENERAL FUND TO THE CAPITAL RESERVE FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2006, through September 30, 2007, be and the same is hereby amended to appropriate and transfer the sum of $4 Million from the fund balance of the General Fund to the City's Capital Reserve Fund for certain community facility enhancement as follows: Projects Estimated Cost New community center at Tyrrell Park $ 950,000 Lighting and entranceway improvements at Tyrrell Park 100,000 New community center at Rogers Park 750,000 Lighting and parking lot improvements at Rogers Park 200,000 New community center in North End 750,000 Replacement of the gym floor at the Sterling Pruitt Activity Center 300,000 Replacement of the tennis court removed at Caldwood Park 100,000 Total $ 3,150,000 Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - 12 April 3, 2007 Consider approving a contract for the construction of the Consolidated Dispatch and Emergency Operations Center City Council Agenda Item � ,rtec TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: April 3, 2007 AGENDA MEMO DATE: March 27, 2007 REQUESTED ACTION: Council approval of the award of a contract for the construction of the Consolidated Dispatch and Emergency Operations Center. RECOMMENDATION Administration recommends that a contract be awarded to N & T Construction in the amount of $2,434,000 and execute Change Order No. 1 for a deduction in the amount of $7,680. BACKGROUND Five bids were received for furnishing all labor, material, equipment and supplies for the renovation of the 2" d floor in the Municipal Court Building to house the new Consolidated Dispatch and Emergency Operations Center (EOC). The bids received are as follow: Vendor Location Price Completion Time N & T Construction Company Beaumont, TX $2,434,000 300 days Daniels Building and Construction Beaumont, TX $2,570,000 220 days Allco, Ltd. Beaumont, TX $2,597,700 300 days H. B. Neild & Sons Beaumont, TX $2,624,500 240 days SeTEX Construction Corporation Beaumont, TX $2,658,000 360 days Consolidated Dispatch and Emergency Operations Center March 27, 2007 Page 2 The new center, designed by Milton Bell Architects, includes a state of the art dispatch center and EOC command center. Renovations include conference rooms, offices, secure computer, telephone, radio communication rooms, a kitchen and staff lounge, media room, storage, restrooms with showers and lockers, and additional rooms that can be converted to dormitories for emergency personnel. A permanently installed natural gas generator for providing backup electrical power is also included in this renovation. The state of the art dispatch center includes overhead monitors for police dispatching. Large screen monitors enable dispatchers to locate officers closest to an event through GPS mapping which will be displayed continuously in the dispatch center. This project includes upgrading elevators and exterior windows. None ofthe passenger elevators are operational. This bid includes refurbishing one passenger elevator and the freight elevator. The 2nd floor windows are original to the building. They are not rated for windstorm nor are they energy efficient. They will be replaced with a windstorm certified window system. The building and parking lot will be secured by a card reader security access system with limited access to the building and 2' floor operations center, Change Order No. 1 reflects a deduction of $7,680 due to a discount offered by the elevator subcontractor. The subcontractor is the City's contracted elevator maintenance provider and a volume discount was provided due to the number of elevators already in service with the subcontractor. The net cost after the execution of Change Order No. 1 is $2,426,320. Work is expected to continence by May 1 and be completed within 300 days. N & T Construction is a certified MBE company. BUDGETARY E"ACT Funding is available in the Capital Programs Fund. RESOLUTION NO. WHEREAS, bids were received for a contract for the construction of the Consolidated Dispatch and Emergency Operations Center; and, WHEREAS, N & T Construction Company, Beaumont, Texas, submitted a bid in the amount of $2,434,000; and, WHEREAS, Change Order No. 1 will result in a deduction of $7,680 due to a discount offered by the elevator contract, thereby decreasing the contract amount to $2,426,320; and WHEREAS, City Council is of the opinion that the bid submitted by N & T Construction Company, Beaumont, Texas, should be accepted; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by N & T Construction Company, Beaumont, Texas, for a contract for the construction of the Consolidated Dispatch and Emergency Operations Center in the amount of $2,434,000 be accepted by the City of Beaumont; and BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute Change Order No. 1 reducing the contract amount by $7,680 for a total contract amount of $2,426,320. 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of April, - Mayor Guy N. Goodson - City of Beaumont MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION COUNCIL. CHAMBERS APRIL 3, 2007 1:30 P.M. AGENDA CALL TO ORDER * Roll Call GENERAL BUSINESS 1. Consider approving a request for financial assistance by SF Pear Orchard LLC to finance the acquisition, development and rehabilitation of an apartment complex located at 4365 South 4'b Street in Beaumont, Texas Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at SM3716 three days prior to the meeting. ORGAIN BELL & TUCKER, LLP ATTORNEYS AT LAW MEMORANDUM Lance Fox 470 Orleans Street I P.O. Box 1751 Beaumont, Texas 77704-1751 409.838.6412, ext. 376 1 fax 409.951.7376 Email: Icf@obt.com Other offices in Austin, Houston - The Woodlands, and Silsbee I online at www.obt.com TO: Mayor, City Manager and City Council Members of The City of Beaumont, Texas FROM: Lance Fox, Orgain, Bell & Tucker LLP DATE: March 22, 2007 RE: Pear Orchard Apartments New Application for Financing to Beaumont Housing Finance Corporation This Memorandum summarizes the new Application for Financing received by the Beaumont Housing Finance Corporation relating to the Pear Orchard Apartments. The new Application and $1,000 Application Fee was submitted to myself and Tyrone Cooper on March 12, 2007. Inducement Resolution: The Developer is requesting that the Housing Finance Corporation pass an Inducement Resolution on Tuesday, April 2, 2007. The Inducement Resolution will be followed by a TEFRA hearing and thereafter the Developer will request that the Housing Finance Corporation pass a Bond Resolution to authorize the issuance of the Bonds. Project: Acquisition, repair and rehabilitation of Pear Orchard Apartments. Amount: Up to $5,000,000 in Housing Finance Bonds, to be issued by the Beaumont Housing Finance Corporation. The Bonds are special obligations, payable solely by the Developer and a lien on and revenues from the Project, and they are not a debt or obligation of the City or its Housing Finance Corporation. Applicant/Developer: SF Pear Orchard LLC, a subsidiary of Shelter First, Inc., a non-profit corporation. Shelter First, Inc. started in California as a nonprofit to provide affordable housing. The Application it submitted included its charter and organizational documents, information about projects in other locations, its financial statements and a copy of its 2005 federal income tax return prepared by its outside accounting firm which showed that it filed as a nonprofit corporation, that its income was not substantial in 2005 (only $31,738), but it had net assets of $422,864, and during the past 4 years it has received grants, contributions and similar revenues in the total amount of $660,765. The tax return also confirmed that the officers are working for no compensation. Total Project Cost: $5,300,000, to be funded with $5,000,000 in Bond proceeds and $300,000 equity contribution from the Developer. Start Date of Construction: June 1, 2007 or earlier based on bond closing date. Estimated Completion Date: December 1, 2007 Estimated Use of Funds: $2,150,000 for acquisition of land, buildings, property rights $1,500,000 for renovations, repairs and upgrades $ 600,000 Closing Costs, Underwriting and Financing Expenses $ 350,000 interest charges during construction $ 450,000 reserve fund 250,000 miscellaneous and contingency $5,300,000 TOTAL Participants: Developer/Borrower: SF Pear Orchard, LLC, a subsidiary of Shelter First, Inc. President: Charlene Gowers 5625 Corryne Place, Culver City, CA 90230 Underwriter: Bergen Capital 777 Terrace Avenue, 3`d Floor, Hasbrouck Heights, NJ 07604 Bond Trustee: Bank of Oklahoma One Williams Center, Tulsa, OK 74192 Bond Counsel: R. Chix Miller, Sell & Melton LLP 577 Mulberry St., 14th Floor, Macon, GA 31201 City/Housing Finance Corporation Counsel: Lance Fox, Orgain, Bell & Tucker 470 Orleans, Beaumont, TX 77701 Bond Trustee Counsel: James C. Orbison Riggs, Abney, Neal, Turpen, Orbison & Lewis 502 West Sixth St., Tulsa, OK 74103 The information in this Memorandum is just a brief summary of the transaction. If anyone has any questions or wants any more detailed information or copies of any of the documents submitted with the Application, please contact me and I will be happy to provide this information to you. Yours truly, Orga' Bell & Tu r LLP Lance Fox cc: Tyrone Cooper RESOLUTION OF BEAUMONT HOUSING FINANCE CORPORATION WHEREAS, SF Pear Orchard LLC., a Texas limited liability company (the "Borrower") has requested the assistance of Beaumont Housing Finance Corporation (the "Issuer") in financing the (1) acquisition, development and rehabilitation of the apartment complex located at 4365 South 4th Street, Beaumont, Texas, and (2) costs related to the issuance of the Bonds (the "Project") and has represented to the Issuer that its assistance in financing the Project is a vital factor in the decision to proceed with the Project; and WHEREAS, after careful investigation, the Issuer has and does find that the Project will increase and preserve employment, will promote development in the City of Beaumont, will be in the public good and is within the purposes for which the Issuer was created; and WHEREAS, the proposed Project will require expenditures estimated in the amount of not to exceed $5,000,000. NOW, THEREFORE, BE IT RESOLVED BY THE BEAUMONT HOUSING FINANCE CORPORATION AS FOLLOWS: 1. In order to indicate the Issuer's willingness to issue its revenue bond or bonds (the "Bonds") to finance the proposed Project or a portion thereof, the execution and delivery of an inducement agreement is hereby authorized to be in substantially the form attached hereto as Exhibit "A," subject to such minor changes, insertions and omissions as may be approved by the President or Vice President of the Issuer, and the execution of said inducement agreement by the President or Vice President anis Secretary of the Issuer shall be conclusive evidence of such approval. 2. In order to facilitate the commencement of the planning, design, construction, installation, equipping and carrying out of the proposed Project or a portion thereof, the President, Vice President or Secretary of the Issuer are hereby authorized to execute or accept the assignment of contracts for the carrying out of the Project, subject to the receipt of appropriate guarantees of payment by the Borrower. 3. In adopting this Resolution, the Issuer is indicating its "official intent" to authorize the issuance of the Bonds referred to in Section 1 hereof within the meaning of regulations of the Internal Revenue Service and provisions of the Internal Revenue Code, and to authorize such revenue Bonds in an amount up to the maximum of $5,000,000. 4. It is hereby directed that a notice to the public in substantially the form as Exhibit "B" attached hereto (the "Notice") be published in the official newspaper in which Sheriff's advertisements appear for the County of Jefferson, Texas, prior to the public hearing (the "Hearing") more fully described in Paragraph 5 hereunder. Said advertisement of the Notice shall be published in such a manner that the publication shall be no fewer than fourteen (14) days prior to said Hearing. 5. The President of the Issuer (or other representative of the Issuer designated by the President of the Issuer) shall conduct the hearing described in Exhibit "B" attached hereto at the time and place designated by said Notice. The representative of the Issuer conducting said hearing shall be fully informed of the details of the Project described in said Public Notice and shall answer any inquiries concerning the Project and receive comments concerning the Project made by any person or persons appearing at the hearing. Said representative shall further have at the hearing the official file of the Issuer in connection with this Project and shall provide access to said official file to any person desiring to review the same. Minutes of the hearing shall be taken. 6. Immediately following the conclusion of the hearing, the official conducting said hearing shall cause minutes of the hearing to be transcribed. Said minutes shall be a reasonable and accurate r6sum6 of the hearing and said minutes shall forthwith be forwarded to the President of the Beaumont Housing Finance Corporation. Also to be forwarded to said official at said time shall be a certified copy of this Resolution and the order of approval attached hereto as Exhibit "C." 7. The President or Vice President and Secretary or Hearing Officer of the Issuer are further authorized to take any and all further action to execute and deliver any and all other documents as may be necessary to implement the Project, including, but not limited to, mortgages, security agreements, UCC financing statements, a lease to the Borrower and/or such other documents as are required to consununate the Project, it being intended that the aforementioned officers be clothed with broad and plenary powers and discretion in the premises. ADOPTED on the 3rd day of April, 2007. (SEAL) Attest: Clerk BEAUMONT HOUSING FINANCE CORPORATION Page 2 President EXHIBIT "A" April 3, 2007 SF Pear Orchard LLC 5625 Corryne Place Culver City, CA 90230 Re: Proposed Acquisition, Development and Rehabilitation of the Apartment Complex Located at 4365 South 4th Street, Beaumont, Texas (the "Project") Dear Sir: The Beaumont Housing Finance Corporation (herein called the "Issuer") is informed that the addressee and/or its assigns (herein called "Borrower") is considering undertaking the above-described Project. It is our understanding that the availability of revenue bond financing in the area served by the Issuer for the purpose of carrying out of the proposed Project is an important factor under consideration by the Borrower in determining the feasibility of the Project from a financial standpoint. Accordingly, in order to assist the Borrower with the financing of the proposed Project and to induce the Borrower to locate the same and to arrange for its continued operation in the City of Beaumont, Texas, and, in order thereby to develop and promote for the public good and general welfare, trade, commerce and employment opportunities, and increase employment in Beaumont, Texas to the greatest extent possible, we hereby make the following proposals: 1. The Issuer will issue its bonds (the "Bonds") in a principal amount currently estimated at not to exceed $5,000,000, for the purpose of carrying out of the proposed Project. The Issuer may, at the request of the Borrower, acquire as mortgagee a security interest in the site of the Project, subject only to such encumbrances as will not, in the judgment of the Borrower, interfere with the use of the site for the purposes presently contemplated. 2. The terms of the Bonds (maturity schedule, interest rate or rates, denominations, redemption provisions, etc.) will be determined by a bond purchase contract in terms satisfactory to the Issuer to be entered into between the Issuer and the purchaser of the Bonds and subject to the approval of the Borrower. 3. Simultaneously with the delivery of the Bonds, the proposed Project will be financed through the Issuer for the benefit of the Borrower, and the terms and provisions of such financing shall be substantially in the form generally utilized in connection with such Page 2 financial undertakings, as agreed upon by the Issuer and the Borrower. A loan agreement (the "Agreement") or other financing document agreed to by the parties, shall contain, in substance, the following provisions: (a) The term of the Agreement or other financing documents will coincide with the term of the Bond issue. (b) The amounts payable under the Agreement will be paid as designated by the Issuer at such times and in such amounts as shall be timely and sufficient to pay the principal of, the redemption premium (if any) and the interest on the Bonds as the same become due and payable. The obligation of the Borrower to make all payments required under the Agreement shall be absolute and unconditional after the delivery of the Bonds. (c) The proceeds of the sale of the Bonds will be deposited into a depository or bond fund and disbursed pursuant to requisitions in accordance with the requirements of the Agreement or other financing document. (d) The Borrower will pay any taxes, assessments or utility charges which may be lawfully levied, assessed or charged upon the Borrower, the Issuer, the proposed Project or the payments derived from the Agreement. The interest created by the Agreement shall be treated, for ad valorem tax purposes, as a fee simple interest, taxable to the Borrower. (e) The Borrower will keep the Project insured against loss or damage or perils generally insured against with respect to facilities similar to the Project, and will carry adequate public liability insurance covering personal injury, death or property damage with respect to the proposed Project. (f) The Agreement or other financing document shall provide that in the performance of the agreements contained therein on the part of the Issuer, any obligations it may incur for the payment of money shall not be a general debt of the Beaumont Housing Finance Corporation, but shall be payable solely from the payments received under the Agreement or from Bond proceeds, and, under certain circumstances, insurance proceeds and condemnation awards. (g) The Agreement or other financing document shall contain agreements providing for the indemnification of the Issuer and the individual members and officers thereof for all expenses incurred by them and for any claim of loss suffered or damage to property or any injury or death of any person occurring in connection with the planning, design, construction, installation, equipping and carrying out of the proposed Project. 4. The Issuer will enter into appropriate agreements with the bondholders, or a corporate trustee or depository representing the interest of bondholders which will pledge the Page 3 Agreement and payments and revenues due thereunder or under any other financing document, and the Issuer shall also assign its security interest in the Project by a trust indenture so as to create a security interest in the Project for the benefit of the bondholders. 5. The Issuer hereby agrees to permit steps for the planning, design, construction, installation, equipping and carrying out of the Project to begin and continue prior to the issuance and delivery of the Bonds. The Borrower may enter into a contract for the purchase of the Project, subject to the subsequent issue of the Bonds. The acceptance of this inducement agreement by the Borrower shall be deemed to mean that the Borrower agrees to guarantee payment of all such obligations incurred by the Issuer at the request of the Borrower in connection with such contracts or otherwise. The Borrower may advance any interim funds required in connection with the planning, design, construction, installation, equipping and carrying out of the Project and be reimbursed from the proceeds of the sale of the Bonds when and if the same are issued and delivered. 6. The Borrower is hereby informed that numerous procedural and substantive actions must be undertaken and completed in order to conclude this transaction in accordance with applicable state and federal law, rules and regulations. While the Issuer represents that it will use its best efforts to issue the Bonds and to provide the funds for the Project, the Issuer nevertheless assumes no legal responsibility or liability in the event the Bonds are not, in fact, issued for any reason whatsoever, including, but not limited to, the failure of the Issuer or its agents or employees to act prudently in connection with this matter. Further, if the Borrower elects to exercise its rights granted in Paragraph 5 hereinabove, it is understood and agreed that expenditures of funds or the incurrence of debt in connection with the Project shall be at the entire risk of Borrower and in the event costs are incurred by the Borrower, reimbursement for said costs or expenses can only be made from the proceeds of the Bonds after issuance. 7. The Issuer will assist in the prompt preparation of the Agreement or other financing document and all other documents required for this transaction. 8. The Borrower will apply for, and use its best efforts to obtain, all permits, licenses, authorizations and approvals required by all governmental authorities in connection with the planning, design, construction, installation, equipping and carrying out, operation and use of the proposed Project. Without limiting the generality of the foregoing, the Borrower must file an application with the Issuer and comply with all conditions of the Issuer. 9. The Borrower, in accepting this proposal, will thereby agree to indemnify, defend and hold the Issuer and the individual members and officers thereof harmless against any claim of loss or damage to property or any injury or death of any person or persons occurring in connection with the planning, design, construction, installation, equipping and carrying out of the Project. The Borrower also agrees to reimburse or otherwise pay on behalf of the Page 4 Issuer any and all expenses not hereinbefore mentioned, incurred by the Issuer in connection with the proposed Project. This indemnity shall be superseded by a similar indemnity in the Agreement or other financing document, and, if the Bonds are not issued and delivered, this indemnity shall survive the termination of the inducement agreement resulting from the Borrower's acceptance of this proposal. If the foregoing proposal is satisfactory to you, you may so indicate by having the following acceptance executed by the Borrower and returning a copy to the Issuer. This proposal and your acceptance will then constitute an agreement in principle with respect to the matters herein contained as of the date hereof. Yours very truly, BEAUMONT HOUSING FINANCE CORPORATION LE (SEAL) President ACCEPTANCE Foregoing proposal of the Beaumont Housing Finance Corporation regarding the financing of the Project is accepted the _ day of April, 2007. SF PEAR ORCHARD LLC By: Shelter First, Inc., its sole Member In [SEAL] President EXHIBIT "B" TEXAS, JEFFERSON COUNTY. NOTICE TO THE PUBLIC You are hereby notified that on the _ day of April, 2007, at -- M. at the Beaumont City Hall, City Council Chambers, 801 Main Street, V Floor, Beumont, Texas, public hearing will be held in connection with proposed action of the Beaumont Housing Finance Corporation ("Issuer") to proceed with the financing of a certain project more particularly described hereinbelow through the issuance of revenue bonds by the Issuer. The President of said Issuer, or other representative of the Issuer officially designated by the President of said Issuer, shall preside at said public hearing and shall provide any interested individual with such information as may be requested concerning the Project at said time, including access and review of the official files of the Issuer in connection with the Project described hereinbelow. Members of the public are invited to be present for said public hearing or to direct communications concerning the proposed Project to Lance C. Fox, Esq., Orgain, Bell & Tucker, L.L.P., 470 Orleans Street, Suite 400, P.O. Box 1751, Beaumont, Texas 77704-1751. The Issuer has indicated its official intent to authorize the confirmation and issuance of its revenue bonds in the aggregate principal amount of not to exceed $5,000,000, to be issued for the purpose of paying for the benefit of SF Pear Orchard LLC, a Texas limited liability company, and/or its assigns, the costs, in whole or in part, of the (1) acquisition, development and rehabilitation of the apartment complex located at 4365 South 4th Street, Beaumont, Texas, and (2) costs related to the issuance of the Bonds (the "Project"). In indicating its official intent to authorize the issuance of said revenue bonds, the Issuer has determined that the Project will develop and promote for the public good and general welfare, trade and commerce and will create, preserve and increase employment in Beaumont, Texas, and that the implementation of the Project is within the purposes for which the Issuer was created. The revenue bonds, if and when issued, shall be the limited obligation of the Issuer in that the Issuer shall pledge as security for the payment of debt service for the bonds revenues and security instruments. The issuance of the Bonds shall not create any debt of the City of Beaumont or Jefferson County except for the limited obligation of the Issuer as described above. This the day of April, 2007. Hearing Officer Beaumont Housing Finance Corporation EXHIBIT "C" STATE OF TEXAS JEFFERSON COUNTY The undersigned, as the Mayor of Beaumont, Texas, DOES HEREBY APPROVE the Project described in the attached Resolution of the Beaumont Housing Finance Corporation, as follows: (i) The Project consists of the (1) acquisition, development and rehabilitation of the apartment complex located at 4365 South 4th Street, Beaumont, Texas, and (2) costs related to the issuance of the Bonds (the "Project"); (ii) The maximum aggregate face amount of obligations to be issued with respect to the facility is $5,000,000; (iii) The initial owner, operator or manager of the facility is SF Pear Orchard LLC, a Texas limited liability company, or its successors or assigns; and (iv) The location of the project is see (i) above. This approval is provided in accordance with the requirements of the Internal Revenue Code of 1986, as amended. This day of April, 2007. MAYOR, CITY OF BEAUMONT, TEXAS 1ATX. 11000\ 118610018. D50. wpd