HomeMy WebLinkAboutPACKET SEP 15 20151'41
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 15, 2015 1:30 P.M.
CONSENT AGENDA
Approval of minutes — September 1, 2015
Confirmation of committee appointments
A) Approve the purchase of property for the Northwest Parkway Project
B) Authorize the Beaumont Convention and Visitors Bureau to apply for grant funds from
the Jefferson County Tourism Commission as part of a cooperative billboard advertising
effort
C) Authorize the City Manager to execute all documents necessary for a.computer Service
Agreement between the City of Beaumont and Geofeedia for use by the Police
Department
D) Authorize the City Manager to execute all documents necessary for a two year agreement
between the City of Beaumont and the Texas Department of State Health Services
a
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider a resolution approving the purchase of property
for the Northwest Parkway Project.
BACKGROUND
As part of the Northwest Parkway Project, ten (10) parcels of land will need to be acquired. To
date, eight (8) parcels have been acquired with two (2) parcels still pending. Redwood
Development, LP one (1) of the two (2) pending property owners has agreed to sell his property to
the City of Beaumont in the amount of $57,734.00. The description of the property is listed
below:
Parcel #6 1.961 acre of land, situated in the W.B. Dyches Survey, Abstract No. 17
Owner: Mr. Taher Quaraishi, Redwood Development, LP
Appraisal Value: $57,734.00
FUNDING SOURCE
Beaumont Municipal Airport Oil and Gas Revenues.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A" and shown on Exhibit "B," attached hereto, for the
Northwest Parkway Project:
Parcel #6: 1.961 acre of land situated in the W.B.
Dyches Survey, Abstract No. 17
Owner: Mr. Taher Quaraishi, Redwood Development, LP
Appraised Value: $57,734.00
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the purchase of the above described property be, and the same is, hereby
approved; and,
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
execute all documents necessary to acquire the above referenced property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2015.
- Mayor Becky Ames -
PROPERTY DESCRIPTION OF PARCEL 6
METES AND BOUNDS DESCRIPTION OF.1.961 ACRES OF LAND
SITUATED IN AND A PART OF THE
W.S. DYCHES, ABSTRACT NO. 17
JEFFERSON COUNTY, TEXAS
Being a 1.961 acre tract or parcel of land, a portion of that certain tract of land (called 79.529
acres) as conveyed by deed to Redwood Development, LP in Clerk's File No. 2010033932 of the
Official Public Records of said County, part of the W.S. Dyehes Survey; Abstract 17 of said
County and being more particularly described by metes and bounds as follows;
FOR LOCATIVE PURPOSES COMMENCING at Drainage District No. 6 monument found
marking the most westerly Southwest corner of said 79.529 acre tract of land, and a point in the
East line of that certain tract of land (called 2.772 acres) as conveyed to Drainage District No. 6
in Clerk's rile No. 2001040445 of the Official Public Records of said County;
THENCE North 02 deg. 52 min. 20 sea West along and with the West line of said 79.529 acre
tract of land and the East line of said 2.772 acre tract of land a distance of 1560.16 feet to a %2"
rod with cap marked Access found in the easterly line of that certain tract of land (called 4.417
acres) as conveyed by deed to Jefferson County Drainage District No. 6 in Clerk's File No.
2008000947 of the Official Public Records of said County and marking the beginning of a curve
to the left;
THENCE along said curve with a radius of 1245.20 feet, a central angle of 04 deg. 35 min. 36
sec., a chord bearing of North 05 deg. 02 min. 57 sec. West, a chord length of 99.80 feet and an
are distance of 99.82 feet to a %2" steel rod with cap marked Arceneaux & Gates set for the
Southwest corner and PLACE OF BEGINNING of the herein described tract of land;
THENCE continuing along and with the West line of said 79.529 acre tract of land and the East
line of said 4.417 acre tract of land a curve to the left with a radius of 1245.20 feet, a central -
angle of 06 deg. 01 min. 54 sec., a chord bearing of North 10 deg. 21 min. 42 see. West, a chord
length of 131.03 feet and an arc distance of 131.09 feet to a %2" steel rod with cap marked
Arceneaux & Gates set for the Northwest corner of the herein described tract of land;
THENCE along a curve with a radius of 2335.00 feet, a central angle of 08 deg. 39 min.. 47 sec.,
a chord bearing of North 67 deg. 56 min. 05 see. East, a chord length of 352.71 feet and an are
distance of 353.04 feet to a 1/" steel rod with cap marked Arceneaux & Gates set for point of
tangency;
Page 1 of 4
ZAA&G ENGINEERINMA&G PROJECTSTM-0400RAWAVGSWIETES & BOUNDSTARCEL 6.docx
EXHIBIT "A"
THENCE North 63 deg. 36 min. 12 sec. East a distance of 276.35 feet to a %2" steel rod with cap
marked Arceneaux & Gates set in the easterly line of said 179.529 acre tract of land and the
westerly line of that certain tract of land (called 9.44 acres) as conveyed by deed to Jefferson
County Drainage District No. 6 in County Clerk's Film File Code 104-01-0353 of the Official
Public Records of said County for the Northeast corner of the herein described tract of land;
THENCE South 35 deg. 48 min. 15 sec. East along and with the easterly line of said 79.529 acre
tract of land and the westerly line of said 9.44 acre tract of land a distance of 131.77 feet to a'/2"
steel rod with cap marked Arceneaux & Gates set for the Southeast corner of the herein
described tract of land;
THENCE South 63 deg. 36 min. 12 sec. West a distance of 297.89 feet to a '/2" steel rod with
cap marked Arceneaux & Gates set for the beginning of a curve to the right;
THENCE along said curve with a radius of 2465.00 feet, a central angle of 09 deg. 03 min. 13
sec., a chord bearing of South 68 deg. 07 min. 49 sec. West, a chord length of 389.11 feet and an
arc distance of 389.51 feet to the PLACE OF BEGINNING of the herein described tract of land
and containing 1.961 acres of land more or less.
Surveyed: December 2013
Notes:
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System,
South Central Zone, NAD 83
An Exhibit of even date is being submitted with and being made a pari of this Metes and Bounds
Description.
Page 2 of 4
Z.%A&G LNGJNEERMCAA&G PROJECTS%CAI-0401DRA%'gNGS%E-TES & BOUNDSTARCEL G.doc
LATEX INVESTORS, LP
TO
DD#6.
4.417 AC,
01/10/2008
CF#20080OD947
R=1245.20',
ARC=99.82'
A=04° 35'35"
CB=N 05° 02'57" W
CL=99.80'
LATEX INVESTORS, LP
TO
D.D.#6 TRACT 2
2.772 Ac.
11/05/2001
CF#2001040445
I
LEGEND
• FOUND CORNER
• SET 1/2" STEEL ROD W/CAP
MARKED ARCENEAUX & GATES
POC POINT OF COMMENCING
PCB POINT OF BEGINNING
DATE OF SURVEY: DECEMBER 2013
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DEVELOPMENT, LTD
294.8438 AC.
01/02/2002
CF#2002000092
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�1AMOCO PRODUCTS CO.
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961 P V5 9.44Ac.
11/05/2001
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LATEX INVESTORS, LP \
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REDWOOD DEVELOPMENT, LP
79.529 AC.
09/14/2010 ,
CF#2010033932
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PARCEL' PLAT
PARCEL 6
NORTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY, TX
DATE: DECEMBER 2013 SCALE: SHOWN
PROJ. No.: CAI -040 DESIGN:
EXHIBIT
DRAWN: BJB
CHECKED: RJA
PAGE
3
OF
4
I
Parcel Line Table
Line #
Length
Direction
L1
276.35'
N63' 36' 12"E
L2
131.77'
S35' 48' 15"E
1_3
297.89'
S63' 36' 12"W
Curve Table
Curve #
Length
Radius
Delta
Chord Direction
Chord Length
C1
131.09'
1245.20'
06' 01' 54"
N10' 21' 42"W
131.03'
C2
353.04'
2335.00'
08' 39' 47"
N67' 56' 05"E
352.71'
C3
389.51'
2465.00'
09' 03' 13"
S68' 07' 49"W
389.11'
NOTES:
COORDINATES, BEARINGS AND DISTANCES REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, NAD 83.
GRID SCALE: 0.999958339
I, RONALD J. ARCENEAUX, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4572
1N -THE STATE -OF -TEXAS; -DO -HEREBY -CERTIFY THAT THE -ABOVE -PLAT -CORRECTLY
REFLECTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION
AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES AND
CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY.
THIS PLAT IS BEING SUBMITTED ALONG WITH METES AND BOUNDS DESCRIPTION
OF EVEN DATE BASED ON THIS SURVEY. ��yy
GIVEN U ER MY HAND SEAL THIS THE/2 DAY OF 2013,
RONALD J. ARCE ,RLS NO. 4572
PARCEL PLAT
PARCEL 6
NORTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY, TX
DATE: DECEMBER 2013 SCALE. SHOWN
PROJ. No.: CAI -040 DESIGN:
DRAWN: BJB
CHECKED: RJA
PAGE
4
OF
4
ARCENEATJX & G'ATES
Consulting Engineers, Inc.
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N01 ltirtle Creek nri.e. Balte Ion
778{Z
Part w =8
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(<OD 77A -788 8
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TEXAS REGISTERED ENGINEERING FIRM F-30
TEXAS LICENSED SURVEYING FIRM 100142-00
PARCEL PLAT
PARCEL 6
NORTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY, TX
DATE: DECEMBER 2013 SCALE. SHOWN
PROJ. No.: CAI -040 DESIGN:
DRAWN: BJB
CHECKED: RJA
PAGE
4
OF
4
Fan
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
0/
PREPARED BY: Dean E. Conwell, Executive Director (- ,
MEETING DATE: September 15, 2015
REQUESTED ACTION: Consider a resolution authorizing the Beaumont Convention and
Visitors Bureau to apply for grant monies from the Jefferson County
Tourism Commission (JCTC) for $9,600 as part of a cooperative
billboard advertising effort.
PIXTQ-Ik�-*
The Beaumont Convention and Visitors Bureau would like to apply for grant monies from the
Jefferson County Tourism Commission for half the cost of an annual cooperative billboard
advertisement. The billboard is located on I-10 and encourages visitors to stop at the Ben J
Rogers Regional Visitors Center. The Beaumont Convention and Visitors Bureau contracts with
the billboard company for the 12 -month contract and the grant monies received would go towards
approximately half the cost of the billboard.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
Revised 1-21-15
APPLICATION FOR USE OF JEFFERSON COUNTY
HOTEL OCCUPANCY TAX FUNDS
(FOR ADVERTISING AND PROMOTION FUNDING)
Thank you for your interest in promoting tourism and the hotel industry in Jefferson
County through the utilization of county Hotel Occupancy Tax (HOT) funds. The use is
HOT funds is regulated by law (Tax code 352-1033), which limits the use of those funds
for the direct enhancement and promotion of tourism AND the convention and hotel
industry. To determine eligibility, the following section of this tax code which
pertains to advertising/promotion must apply to your application. "Advertise and
conduct solicitations and promotional programs to attract tourists and conventions
delegates or registrants to the county or its vicinity, any of which may be conducted
by the county or through contracts with persons or organizations selected by the
county. In addition, a county that borders the Gulf of Mexico and that is authorized to
impose the tax by Section 352.002(a)(6) may use 50% or less of the revenue from the tax
for the promotion of tourism.
I. CRITERIA
A. General Information
1. Name of Organization:
City of Beaumont - Convention & Visitors Bureau
2, What specifically is being marketed or promoted? I.e. facility, event, etc.
The Ben J RogersRegional Visitor Center
3. Total Amount of Funds Requested by this Grant?
$9,600
4. What is the organizations financial contribution for this project/event?
$10,500
5. What other funding sources are being pursued or sought?
The Beaumont CVB Pays $10,500 from their advertising budget for
the billboard.
6. Date of Event if applicable. Please ensure that you are requesting funds
far enough in advance to be able to accomplish the goals for which you
are requesting funds.
The grant would continue the annual 1 year contract that will renew
1/1/2016 and continue through 12/31/2016
Revised 1-21-15
Revised 1-21-15
7. Which hotel/s have you negotiated a special rate if this funding request is
being used for an event? Please list hotel/s (do not list rates).
N/A — The purpose of this advertising_ program is to drive visitors to
stop at the Ben J Rogers Visitors Center.
8. Completion date of project:
It's an ongoing advertising program. The billboard agreement is one
year, we would renew the urogram again, for the follow year.
II. VISITOR IMPACT
A. Provide numbers for the following:
1. Total visitors/participants:
Previous year: 38,873
Expected this year: 39,000
2. Visitors/participants who indicated they stayed or will stay in a Jefferson
County hotel:
Previous year: 720
Expected this year: 1000
III. FUNDING RECAP
1. Provide a specific line item description and amount of exact use of
funds being requested. Total should match amount being requested.
(If more space is needed, please use attachments.)
Amount Line Item
$9,600 — Almost half of the cost of the 12 -month ad agreement for the
billboard rental.
$9,600 TOTAL
IV, MARKETING PLANS
A. How will your organization enhance the promotion of tourism AND the convention
/hotel industry in Jefferson County?
The Billboard promotes travelers to stop and visit the Ben J Rogers Visitor Center.
Additional visitor traffic to the center contributes towards an increase in travelers visiting
attractions and staying in hotels in Jefferson County.
Revised 1-21-15 2
Revised 1-21-15
B. What media will be used in your advertising and promotion? Please provide a
detailed list of the media to be used, i.e. Houston Chronicle, KHOU, Southern
Living, etc. (Must be outside 75 mile radius of Jefferson County)
SiauAd billboard, outdoor advertising - directing travelers on I-10 to stop at the Ben
J Rogers Regional Visitors Center.
By signing this application, I, individually and on behalf of my organization, represent
and agree that:
1. I have full authority to execute this application on behalf of myself, group,
and organization;
2. Any funds allocated out of Hotel Occupancy Tax monies will be used solely
in the manner set forth in the award letter;
3. I as a representative and my organization will, within 60 days following the
date of my/our project/event, provide a complete and detailed accounting to
the Jefferson County Tourism Commission, c/o Kathi Hughes, in such form as
may, be provided/requested;
4. Failure to provide the report within 60 days and/or to use the allocated -monies
solely for the purposes for which such funds were awarded shall render me
and my group/organization liable for reimbursement to Jefferson County of all
such funds, plus reasonable court costs and attorney fees.
5. Please submit a W-9 Form with application.
Date 9/2/2015
Name of Organization Representative Completing Form
City of Beaumont Convention & Visitors Bureau
Signature
Title
Phone Number
Federal Tax ID
Address
E-mail
W-9 Attached
&C -1-
409-880-3749
v
409-880-3749
74-6000278
505 Willow Street Beaumont, TX 77701
dconwellnci.beaumont.tx.us
Yes -
Return Form to: Ben J. Rogers Regional Visitors Center
Attn: Kathi Weathington Hughes
5055 IH -10 South
Beaumont, Texas 77705
Revised 1-21-15 3
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the Beaumont Convention and Visitors Bureau be and it is hereby authorized to
apply for and receive grant monies from the Jefferson County Tourism Commission
(JCTC) in the amount of $9,600 as part of a cooperative billboard advertising effort.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2015.
- Mayor Becky Ames -
C
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents, including, specifically a computer Service
Agreement between the City of Beaumont Police Department and
Geofeedia.
BACKGROUND
The Police Department is requesting computer services from Geofeedia, a service provider.
This computer service would provide the Police Department with increased access to computer
resources.
FUNDING SOURCE
The cost to the City will be an annual fee of $6,000.00 which will be paid out of the Police
Department Administration Contract Services account.
RECOMMENDATION
Approval of Resolution.
Geofeedia. Service Agreement
Signature Block
Customer: City of Beaumont
By: City Manager, Kyle Hayes
Kyle Hayes, City Manager
801 Main Street, Ste 300
Beaumont, Texas 77701
Service Provider: Geofeedia, Inc.
By: Chief Revenue Officer, Justin Fite
Justin Fite, Chief Revenue Officer
55 Monument Circle, Suite 710
Indianapolis, Indiana 46204
* Signatory represents that he is authorized to sign this agreement
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to enter into a Service Agreement between the City of Beaumont and
Geofeedia, Inc., of -Indianapolis, Indiana, for increased access to computer resources.
The Service 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 15th day of
September, 2015.
- Mayor Becky Ames -
GEOFERDIA SERVICE AGREEMENT
This Geofeedia Service Agreement (this "Agreement") governs Your use of the Services (as defined below)
provided by Geofeedia, Inc., a Delaware corporation ("Service Provider"). %he. Sy0e.f t cs fe�ore rr�t awtbor� ?�b�
-tb enf¢r in"fo ,;S 49ree C,& -
By executing an Order Form (as defrncd below) that references this Agreement, You agree to the terms of this
agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent
that You have the authority to bind such entity to these terms and conditions, in which case "You" and "Your"
shall refer to such entity. If You do not have such authority, or if You do not agree with these terms and
conditions, You must not accept this Agreement or use the Services.
This Agreement, including any Order Forms entered into by the Parties hereunder, is made effective on the date that the
initial Order Form is executed by Service Provider and You (the "Effective Date"). You and Service Provider may be
referred to herein individually as a "Party" and collectively as the "Parties" You and Service Provider agree to the .
foregoing and as follows:
1. Definitions.
1.1 ' "Authorized User(s)" means those users identified by name and type of user access on the Order Form
who will receive a User ID in order to access the SAAS Service online.
1.2 "Authorized Pw-pose(s)" means use of the SAAS Service to search for, organize, review and use the
Social Media Content for the benefit of Customer, and for any other purposes expressly identified on the Order
Form.
1.3 "Order Form" means an order form issued by Service Provider and executed by You and Service
Provider which sets forth the necessary information relating to the products and services You have the right to
receive and the fees payable to Service Provider, which may include, without limitation, (i) identification of any
Services other ,than the SAAS Service, (ii) minimum fees payable, (iii) the Social Media Content for the Services,
(iv) the Authorized Purposes for which You may access the Services (v) any additional types of Authorized Users,
(vi) the initial term for the Order Form and (vii) any provisions applicable to renewal terms.
1.4 "SAAS Service" means access and use of Service Provider's Geofeedia software platform via the
Internet, including but not limited to services capable of searching, retrieving, and storing Social Media Content on
behalf of Authorized Users.
1.5 "Services" means the SAAS Service, Support Services, training and associated services provided by
Service Provider to You under this Agreement. For the avoidance of doubt, Services does not include Social Media
Content.
1.6 "Social Media Content" means information obtained from the Internet by the SAAS Service based on
or related to searches, including but not limited to links, posts and excerpts, and data derived thereof, such as reports,
summaries, graphs and charts.
1.7 "Support Services" has the meaning set forth in Section 4.
1.8 "Update" means any improvement, enhancement, modification and/or changes to the SAAS Service
offered or provided by Service Provider.
1.9 "User ID" means aunique user identification assigned to an Authorized User.
1.1fl "Your Data" means all information, records, files, and data entered into, received, processed, or stored by
or for You and Authorized Users using the SAAS Service, including, without limitation, Registration Information (as
defined below).
EXHIBIT "A"
2. SAAS Service
2.1 Access. Service Provider grants to Your Authorized Users a nonexclusive, personal and nontransferable
right to access the SAAS Service during the term of this Agreement solely for the Authorized Purposes. Your use of the
SAAS Service is limited to the terms -of this Agreement and the parameters defined in the Order Form, including its
limits to the number of Authorized Users. As a condition to access, Customer and its Authorized Users agree to comply
with (i) the terms and conditions set forth in this Agreement; (ii) applicable Iaws and regulations; and (iii) the terms of
service of the platforms from which the Social Media Content originates.
2.2 Restrictions. You will not, in whole or in part, (a) copy the SAAS Service or distribute copies of the
SAAS Service to any third party; (b) modify, adapt, translate, reverse engineer, - make alterations, decompile,
disassemble or make derivative works based on the SAAS Service except as otherwise permitted by law; (c) rent, loan,
sub -license, lease, distribute or attempt to grant any lights to the SAAS Service to third parties; or (d) use the SAAS
Service to act as an application service provider or reseller of the SAAS Service to third parties, or to permit access to
the SAAS Service by any kind to any third party. Use of the SAAS Service is also subject to Service Provider's privacy
policy, available through its website, https./Igeofeedia.com/privacy-policy.
2.3 Right to Suspend or Terminate the SAAS Services; No Content License. In general, the Service is
designed to store links to locations where Social Media Content is hosted on third -party websites that Service Provider
does not own or control. Service Provider does not guarantee that any specific Social Media Content will remain
available or accessible. Service Provider reserves the right to immediately suspend or terminate the affected SAAS
Service and/or to remove the Social Media Content from the SAAS Service, if required by the third -party platform from
which the Social Media Content was received or if Service Provider reasonably believes that the SAAS Service or the
Social Media Content is or is about to become non-compliant with any applicable law, regulation or policy, or is_ likely
to become the subject of a lawsuit or material dispute. However, Service Provider's action or inaction shall not be
deemed review or approval of such use of such Social Media Content. You acknowledge that, .depending upon Your
intended use, including copying and reproduction, of the Social Media Content, You may be required to obtain licenses
or permissions from the author or owner of the Social Media Content, abide by copyright law or other applicable law
and abide by terms of service for the sources from which the Social Media Content was obtained. Service Provider does
not license the Social Media Content and- is not responsible for Your use of the Social Media Content. Your use of
Social Media Content is at Your sole risk.
3. Authorized Users.
3.1 Authorized Users. The number of Authorized Users granted access hereunder is set forth in the Order
Form.
3.2 Additional and Reassignment of Authorized Users. Unless otherwise specified in the applicable Order
Form: (i) SAAS Services may be accessed by no one other than the Authorized Users; (ii) additional subscriptions may
be purchased for additional Authorized Users for prorated fees during the term of this Agreement; and (iii) such
additional Authorized User accounts shall terminate on the same date as the pre-existing Authorized User accounts
terminate. Authorized User account subscriptions are for designated Authorized Users only and cannot be shared, but
may be reassigned to new Authorized Users replacing former Authorized Users who no longer require ongoing use of
the SAAS Services. You shall designate at least one (1) Authorized User to act as an administrator who will be
responsible for requesting set-up and removal of Authorized User accounts and for other administrative tasks related to
Your use of the Services.
4. Support Services and Training.
4.1 Support Services. Service Provider will provide reasonable support efforts that do not require code
changes ("Support Services") at no additional charge. Service Provider may provide upgraded support to You at
mutually agreed upon rates, if available, through an additional Order Form referencing this Agreement.
4.2 Service Limitations; Maintenance. The Service may be temporarily unavailable, without notice, from
time to time, including due to required maintenance, improvements, telecommunications interruptions, or other
disruptions affecting the applicable third party provider of Social Media Content and the Internet generally. In addition,
Service Provider reserves the right to take down applicable servers hosting the SAAS Service upon reasonable notice
.to conduct routine regularly scheduled maintenance checks ("Scheduled Maintenance"); provided that, the number of
Scheduled Maintenance checks each month during the term of this Agreement will not be excessive in relation to
Service Provider's historical Scheduled Maintenance practices and patterns. Service Provider will use commercially
reasonable efforts to perform Scheduled Maintenance outside of regular business hours. Service Provider will not be
responsible for any damages or costs incurred by You in connection with Scheduled Maintenance performed in
accordance with this Agreement.
5. Additional Services. The parties may add additional training services and/or consulting, interface
development or other services by mutual agreement by adding an additional Order Form referencing this Agreement.
6. Fees and Payment.
6.1 Fees. Fees for the initial term of this Agreement are set forth in the Order Form. Service Provider
reserves the right to modify its Fees for any renewal term upon forty-five (45) days' notice to You.
i
6.2 Payment Terms. You shall pay the Fees as specified in the Order Form. 'Service Provider will invoice
You in advance and otherwise in accordance with the relevant Order Form. Invoiced charges are due net 45 days from
the invoice date. You are responsible for providing complete and accurate billing and contact information to Service
Provider and notifying Service Provider of any changes to such information. If You provide automatic payment
information, You authorize Service Provider to store the information and use it to charge the associated billing source
according to the Order Form without further authorization until termination of the Order Form or this Agreement. If
automatic payment is terminated and not replaced within three business days of notice, Service Provider has the right to
suspend access to the Service by You and Yqur Authorized Users until payment is current.
6.3 Taxes. Each party shall be responsible for any -personal property taxes on property it owns or leases, for
franchise and privilege taxes on its business, and for taxes based on its net income or gross receipts. Service Provider
shall be responsible for any sales, use, excise or similar taxes payable by Service Provider on any goods or services used
or consumed by Services Provider in providing the Services hereunder. You shall be responsible for any sales, use,
excise or similar taxes that are imposed on any charges made by Service Provider to You under the terms of this
Agreement+ -i-a -t1h e- ew. t e of a pP l i c Ole.
7. Responsibilities of theParties.
7.1 Registration Information. You will promptly provide to Service Provider the name and contact
information of each Authorized User to register each Authorized User (collectively, the "Registration Information")
to use the SAAS Service. Service Provider acknowledges that such Registration Information (and all of Your Data)
is Your (and/or Your affiliates' and/or Authorized Users') -confidential and proprietary information, and Service
Provider shall maintain and protect such information with the same care and measures to avoid unauthorized
disclosure or access as Service Provider uses with its own confidential information (but in no event less than a
reasonable standard of care) and will use such information solely to carry out the purposes for which the information
was disclosed.
7.2 User IDs. Each Authorized User will have a unique User ID for his or her access to the SAAS Service.
You will exert commercially reasonable efforts to ensure that Your Authorized Users will use only their respective
assigned User IDs and not another's User ID. You will adopt and maintain such security precautions for User IDs to
prevent their disclosure to and use by unauthorized persons and will promptly notify Service Provider if You become
aware that the security or integrity of a User ID or password has been compromised.
7.3 Access and Compliance. You agree that (a) You are responsible for all obligations under this Agreement
arising in connection with Your use, including those of Authorized Users, of the Services; (b) You are responsible for
any act or omission by any of Your users of the Services, which, if performed or omitted by You, would be a breach of
this Agreement and any such act or omission of any Authorized User will be deemed to be a breach of this Agreement
by You; (c) You will use commercially reasonable efforts to prevent unauthorized access to or use of the Services; and
(d) You and Your Authorized Users will only access and use Services in accordance with this Agreement and applicable
laws.
7.4 Compater System. You will: (a) cooperate and consult with Service Provider in the set-up and
activation of the SAAS Service for You, and (b) provide and maintain Your own Internet access and all necessary
communications equipment, software and other materials necessary for Authorized Users to access and use the SAAS
Service. You are responsible for the security of Your own computer systems and the security of Your access to and
connection with the SAAS Service.
7.5 No Interference with Service operations. You will not knowingly take any action that: (a) interferes or
attempts to interfere with the proper working of the SAAS Service or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the functionality -of the SAAS Service; (b) circumvents,
disables, or interferes or attempts to circumvent, disable, or interfere with security -related features of the SAAS Service
or features that prevent or restrict use, access to, or copying of any data or enforce limitations on use of the SAAS
Service; or (c) imposes or may impose, in )Service Provider's reasonable discretion, an unreasonable or
disproportionately large load on the SAAS Service infrastructure.
8. Term and Termination.
8.1 Term of Agreement. This Agreement commences on the Effective Date and continues until terminated in
accordance with this Agreement or as provided in the Order Form. Unless otherwise specified in an Order Form, the
term of the Order Form shall automatically renew for subsequent one year terms unless either party provides notice to
the other party at least forty-five days prior to the beginning of the upcoming renewal term.
8.2 Termination fox Cause. A party may terminate this Agreement (i) for cause upon 15 days written notice
to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii)
immediately if the other party becomes the subject of a petition in bankruptcy or any other proceeding, relating to
insolvency, receivership, liquidation or assignment for the benefit of creditors. Without limiting any remedies
otherwise available to You under law or in equity, if You terminate this Agreement as a result of any event described in
this Section 8.2, (a) Service Provider shall refund to You a pro -rata amount of any fees pre -paid by You for which You
did not receive use of the SAAS Service in accordance with this Agreement and (b) You will have no further payment
obligation to Service Provider.
8.3 Effect of Termination. Service Provider will destroy any of Your Data still residing on Service
Provider's systems within thirty days after the termination of this Agreement. The definitions herein and the terms of
Sections 8-12 (inclusive) shall survive the expiration or termination of this Agreement.
9. Proprietary Rights; Publicity.
9.1 Proprietary Rights. Service Provider is and will'remain the exclusive owner of all right, title and interest
in and to the SAAS Service and Updates, including all intellectual property rights therein. As between Service Provider
and You, You are and will remain the exclusive owner of all right, title and interest in and to Your Data, including all
intellectual property rights therein.
9.2 Publicity. Except as expressly provided herein with respect to certain of Your Data, Service Provider
shall have no right to use Your intellectual properly, including, but not limited to, Your name, trademarks, logos (or the
names, trademarks or logos of Your affiliates), in whole or in part, for any purpose. Neither party shall publicize or
make any press release or public disclosure relating to this Agreement, the other party or the relationship between the
parties, except with the prior written consent of the other partyrg un !¢ 5 5 Sw�4. �i solo swrC� i s ra aa. re
cruder rCxas (a.J oe pwrswanf � 1, u) t. c
9.3 Feedback. To the extent that Service Provider receives from You or any of Your Authorized Users any
suggestions, ideas, improvements, modifications, feedback, error identifications or other information related to the
SAAS Service or any other products or services ("Feedback"), Service Provider may use, disclose and exploit such
Feedback without restriction, including to improve the Services and to develop, market, offer, sell and provide other
products and services.
4
10. Representations; Limitations of Liability.
10.1 Covenants, Representations and Warranties. Each patty agrees to comply with all applicable laws and
regulations in connection with performing its obligations under and exercising its rights under this Agreement. Service
Provider represents and warrants that: (a) the SAAS Service complies with all relevant AN terms and conditions and
policies of each applicable third party provider of Social Media Content (such as Twitter, YouTube, Flickr, Picasa and
Instagram) accessible through the SAAS Service, and the SAAS Service (excluding Your use of the Social Media
Content) complies with all applicable laws, rules and regulations; (b) Service Provider has all rights and licenses
necessary in order make the SAAS Service available to You under this Agreement and for Service Provider to grant the
rights and licenses granted by Service Provider to You under this Agreement, and Your use of the SAAS Service
(excluding Your use of the Social Media Content) shall not infringe upon (whether direct or contributory),
misappropriate, or otherwise violate the intellectual property or other rights of any third party or otherwise subject You
or any of Your affiliates to any royalty or other fees, obligations, or attribution of any type by You to any third party;
and (c) there are no actions, suits, proceedings, or other impediments, actual or threatened against Service Provider that
would undermine, prevent or impair Service Provider from fulfilling its obligations or granting the rights to You as
provided under this Agreement.
10.2 Disclaimer. Except as expressly provided herein, Service Provider makes no warranties related to
the Services provided hereunder, and hereby disclaims all warranties, express or implied, including without
limitation, warranties of merchantability and fitness for a particular purpose. You assume complete
responsibility for the selection of the Services to achieve Your intended results and for Your use of the results
obtained from the Services. Service Provider does not warrant that the Services will meet Your requirements or
that they will be uninterrupted or error free. Service Provider is not ,responsible for Your inability to access the
SAAS Service or for any degradation of the Service caused by or resulting from any resources or factors outside
of Service Provider's control.
10.3 Limitations of Liability. In no event will Service Provider (including its affiliates, employees,
officers, directors and agents) be liable for any consequential, indirect, special, incidental, exemplary or punitive
damages under this Agreement or in connection with any Services provided hereunder, including without
limitation, damages for loss of business profits, or other pecuniary loss arising out of the use or inability to use
the Services, even if advised of the possibility of such damages and even if available remedies are found to have
failed of their essential purpose. The total liability, if any, of Service Provider (including its affiliates, employees,
officers, directors and agents) in the aggregate over the term of this Agreement for all claims, causes of action or
liability whether in contract, tort or otherwise arising under or in any way related to this Agreement and/or the
Services provided hereunder, shall be limited to the lesser of. (a) Your direct damages, actually incurred, or (b)
the total fees paid by You. to Service Provider in the most recent six (6) month period. Notwithstanding the
foregoing, Service Provider's sole obligation in the event of an error in the performance of any Services under
this Agreement shall be limited to re -performing the Services.
11. Indemnification.
11.1 Indemnification of You by Service Provider. Service Provider agrees to defend, indemnify and hold
harmless You, Your members, affiliates, partners and successors, and Your and their officers, directors, partners,
shareholders, representatives, agents, licensees and employees from and against all third party claims, actions,
liabilities, losses, expenses, damages and costs, including but not limited to attorney's fees, whether fixed or contingent,
actual or threatened, in law or in equity (collectively, the "Claims", or individually, a "Claim"), that may, at any time,
arise out of or relate to any breach or alleged breach by Service Provider of any of its representations, warranties and/or
covenants set forth in Section 10.1 above.
11.2 I emnif on ervic rovi byY e defen and ni an old h
Servi P
or, me rs, es, p ers suc o , an is an ei 0 rs, rectors p
s e ers, res en Ives, a ts, lice es emplo s in a a all aty, at y ' e, e �h
for a to y brea or aIle rear y Yo a cab aw a ofY u oft Socia e ' Cc
11.3 Indemnification Procedures. Any patty seeking to be. indemnified under this Section 11 shall as
promptly as reasonably practicable notify the indemnifying party in writing of any Claim subject to the indemnities set
forth in this Section 11; provided, however, that failure to so notify the indemnifying party after receiving actual notice
of a Claim shall not relieve the indemnifying party from its indemnification obligations under this Agreement unless il;
and only to the extent that, such failure to notify the indemnifying party has a material adverse impact on the
indemnifying party. After receiving such notice, the indemnifying party shall assume and have exclusive control over
the defense of such Claim, including, without limitation, the selection and retention of counsel and the disposition of
any such Claim (by compromise, settlement or otherwise); provided, however, that the selection and retention of
counsel, and any settlement or compromise of any Claim which may materially impact the indemnified party, shall be
subject to the indemnified party's prior written approval, which shall not be unreasonably withheld. It is pre -agreed that
any Claim alleging copyright, patent, trademark or other intellectual property infringement or misappropriation of the
Services, or any part thereof, shall be considered to materially impact You for purposes of the foregoing. The
indemnified party shall cooperate in all reasonable respects with the indemnifying party in the defense and disposition
of such Claim, at the indemnifying party's expense.
12. General.
12.1 Assignment, Successors. No right or license under this Agreement may be assigned or transferred by
either party, nor may any duty be delegated by either party without the other party's prior written consent, except that
You may assign, transfer or delegate this Agreement to any affiliate of Yours and that either party may transfer or
assign this agreement to any successor entity or to an acquirer of all or substantially all of the business, stock or assets
of such party relevant to this Agreement. Any assignment, transfer or delegation in contradiction of this provision will
be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the successors and
assigns of You and Service Provider.
t 12.2 Force Majeure. Notwithstanding any other provision of this Agreement, no party to the Agreement shall
be deemed M default or breach of this Agreement or liable for any loss or damages or for any delay or failure in
performance (except for the payment of money) due to any cause beyond the reasonable control of; and without fault or
negligence by, such party or its officers, directors, employees, agents or contractors.
12.3 Governing Law, The validity, construction, and interpretation of this Agreement and the rights and duties
ofthe parties hereto lshall be governed by the laws of the State of ,
�� ) tsncJa.A ng jwC;S�F.cf:ar[t lekQS.
12.1 Notice. All notices required or permitted under this Agreement will be in writing and sent by certified
mail, return receipt requested, or by reputable oversight courier, or by hand delivery. The notice address for Service
Provider is 444 North Wells Street, Suite 502, Chicago, IL 60029, Attention: Michael J. Mulroy; Your notice and
billing address is set forth in the Order Dorm. Any notice sent in the manner sent forth above shall be deemed
sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited
in the U.S. mail and (ii) in the case of overnight courier or hand delivery, upon delivery. Either party may change its
notice address by giving written notice to the other party by the means specked in this Section.
12.5 Independent Contractor. Service Provider is acting as an independent contractor in its capacity under
this Agreement. Nothing contained in this Agreement or in the relationship between You and Service Provider shall be
deemed to constitute a partnership, joint venture, agency, employment or any other relationship between You and
Service Provider.
12.6 JR, utire Agreement. This Agreement, together with the Order Form and all exhibits hereto, constitutes the
entire agreement between Service Provider and You with respect to the subject matter hereof. There are no restrictions,
promises, warranties, covenants, or undertakings other than those expressly set forth herein and therein. This Agreement
supersedes all prior negotiations, agreements, and undertakings between the parties with respect to such matter,
including, without limitation, any user agreement or other arrangement for any trial of the SAAS Service prior to the
date hereof,
117 Construction of Agreement; headings. No provision of this Agreement shall be construed against or
interpreted to the disadvantage of any party hereto by any court or arbitrator by reason of such party having or being
deemed to have structured or drafted such provision. The Beadings in this Agreement are for reference purposes only
and shall not be deemed to have any substantivo effect.
12.8 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be
contrary to law, then the parties agree to replace it with an enforceable provision reflecting the intent of the original
provision as nearly as possible in accordance with applicable law, and the remaining provisions of this Agreement will
remain in full force and effect.
12.9 Waiver. The failure of either party at any time to require performance by the other party of any provision
of this Agreement shall not affect in any way the full right to require the performance at any subsequent time. The
waiver by either party of a breach of any provision of this Agreement shall not be taken or held to be a waiver of the
provision itself. Any course of performance shall not be deemed to amend or limit any provision of this Agreement.
�a. (c) (7oJe -,V wtenT Mr,1c.n,7" . ' I)e Ci'f of �eaar,no � eXaS
{e{-ainS all r�91�Fs a ndew- IQx- s l a� a..nd f`e+&,as go�oriv�a� w�L
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Geofeedia Service Agreement
Signature Block
Customer: City of Beaumont
By: City Manager, Kyle Hayes
Kyle Hayes, City Manager
801 Main Street, Ste 300
Beaumont, Texas 77701
Service Provider: Geofeedia, Inc,
By: Chief Revenue Officer, Justin Fite
Justin Fite, Chief Revenue Officer
55 Monument Circle, Suite 710
Indianapolis, Indiana 46204
* Signatory represents that he is authorized to sign this agreement
ORDER FORM
This order form Is subject to and governed by the terms and conditions of6eafeedlA-�enw-e' FAee::pe-,Wd-,*
etCeefeedia4"wmAlately.
Pursuant to this Order Form, Customer Is purchasing subscriptions to the Geofeedia Service Identified below, subject to any
specified usage parameters (e.g. number or types of users, number of locations, volume of data, etc.) and any professional
services described herein. The term of this Order Form shall automatically renew for subsequent one-year terms unless either
party provides notice to the other party at least forty-five days prior to the Contract End Date.
Order information
Account Name: Beaumont Police Department Contract Start Date: 8/7/2015
Prepared By: Ryan Hutchinson Contract End Date: 8/6/2016
Total Amount: $6,000
Subscription Termr Billing & Payment Information
Company Name:
Bearriont Police Department Billing Phone. 409.832.1234
Billing Name:
Billing Fax*
Billing Email:
Billing Address:
255 College Street Payment Method: Invoice
PO Box 3827 PO Number.
Beaumont, TX 77704
United States
BIIIIngTerms*
Invoices sent Annually Customer Initials
Invoices for Overage Fees, If any, sent monthly.
Payment Terms:
Due Upon Receipt. interest accrues at the rate of 1.511/o per month 90 days after the Invoice date.
Invoices 30 days or more past due may result In suspension of Services.
Customer. ECUSTOMEFt NAME] Geofeedla, Inc.
Signature: Signature:
Printed, Printed:
Date:
Tide:
Page I of 2 Geofeedfa, Inc,
Rev. February 2015
L11
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary for a two year agreement between
the City of Beaumont and the Texas Department of State Health
Services.
BACKGROUND
The Texas Department of State Health Services provides the Beaumont Public Health Department
Vital Statistics Division access to the Texas Electronic Registration Remote System for the
purpose of issuing birth certificates. The Beaumont Public Health Department agrees to reimburse
the Texas Department of State Health Services at $1.83 for each certification of Vital Records
printed as a result of searches of the database. This fee is included in the Health Department's
budget. The contract begins 09/01/15 and will end on 08/31/17.
FUNDING SOURCE
General Fund - Public Health.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a two (2) year
Contract between the City of Beaumont and the Texas Department of State Health
Services for the Beaumont Public Health Department Vital Statistics Division to continue
to purchase services and/or goods that will allow the search of databases to issue
Certifications of Vital Records. The Contract 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 15th day of
September, 2015.
- Mayor Becky Ames -
I
DEPARTMENT OF STATE HEALTH SERVICES
Contract number 537-16-0084-00001 (Contract), is entered into by Department of State Health
Services (DSHS) Vital Statistics Unit and City of Beaumont (Contractor). DSHS and Contractor
are collectively referred to herein as the "Parties"
1. Purpose of the Contract. DSHS agrees to provide access to the Texas Electronic
Registration Remote System (TER Remote System) for the purpose of issuing individual
birth certificates.
B. Term of the Contract. This Contract will begin on September 1, 2015 and end on August
31, 2017.
M. _Authority. The Parties enter into this Contract under the authority of Texas Government
Code Chapter 791.
IV. Statement of Work.
A. DSHS agrees to provide on-line computer services in support of Contractor from 7:00
a.m. to 6:00 p.m. (CST) Monday thru Friday, except holidays. In the event of an
emergency or computer application error, DSHS may temporarily suspend services
without advance notice.
B. Contractor will search DSHS databases, locate data, and issue Certifications of Vital
Records to authorized individuals requesting such data. The certifications will be in a
format formally approved by DSHS. No limit will be established on the number of
searches per month not resulting in issuance of a certification, provided the number is
reasonable.
C. Contractor will acquire the necessary data processing equipment, communications,
hardware or software, and purchase "bank note" paper, as specified by DSHS. DSHS
will assist in connection of the equipment, furnish software program and provide
technical assistance, if necessary.
D. Contractor acknowledges that records may not be located in the searching process
instituted by Contractor or records, which are located, may have errors due to:
1. Normal key -entry errors in spellings;
2. Accidental failure on the part of the DSHS to update a file for an amendment
or paternity determination; and
3. The event year does not exist on the system.
Contract Number: 537-16-008400001
E. Contractor will notify DSHS in writing, at least monthly of errors or suspected errors
that exist on the data base information.
F. Contractor is to maintain an inventory control and account for each document produced
on "bank note" paper, including voided documents.
G. Contractor is responsible for maintaining a system of vital record keeping that is in
accordance with Health and Safety Code Chapter 195 and the regulations adopted.
H. The Parties are required to comply with all applicable state and federal laws relating to
the privacy and confidentiality of this data and records, which includes Texas
Government Code Section 552.0038.
L The Parties will maintain sufficient safeguards to prevent release or disclosure of any
such records or information obtained under this Contract to anyone other than
individuals who are authorized by law to receive such records or information and who
will protect the records or information from re -disclosure as required by law.
J. The Parties will use confidential records and information obtained under this Contract
only for purposes as described in this Contract and as otherwise allowed by law.
V. Fees.
Contractor agrees to pay DSHS $1.83 for each Certification of Vital Record printed as a
result of searches of the database. Contractor agrees to charge the same base search fee for
a birth certificate as DSHS. Additional fees may only be charged as authorized by Texas
Health and Safety Code 191.
VI. BMW
A. DSHS will send an itemized billing to Contractor on a monthly basis for each
certification of Vital Record printed. This billing win be sent through the U.S. Postal
Service to the Contractor at:
Name: Beaumont City Health Department
Address: P.U. Box 3827
Beaumont, TX 77704
B. Contractor will direct any billing inquiries either by phone to 512-776-7206 or email
to vsubusinessservices@►dshs.state.tx.us.
VII. Payment Method.
A. Contractor will remit payment to DSHS within thirty days after a billing is received
by them. Payment by the Contractor will be considered made on the date
postmarked.
B. Contractor will send payments to DSHS at:
VSU Remote Birth Access
Page 2
Contract Number: 537-16-0084-00001
Texas Department of State Health Services
Cash Receipts Branch MC 2096
P.O. Box 149347
Austin, TX 78714-9347
C. Contractor will make payment to DSHS out of its current revenues.
VIII. Representatives. The following will act as the Representative authorized to administer
activities under this Contract on behalf of their respective Party..
City of Beaumont
DSHS
Marcia Gauthier
Texas Department of State Health
Beaumont City Health Department
Services
P.O. Box 3827
Contract Oversight and Support
Beaumont, TX 77704
Attn: Princess Lindsay
Mail Code 1326
Phone: 409-654-3b50
P.O. Box 149347
Austin, TX 78714-9347
Email: mgauthier@ci.beaumont.tx.us
Phone: 512-776-3713
Email:
Princess.Lindsay@dshs.state.tx.us
IX. General Terms and Conditions.
A. Governing Law. Regarding all issues related to this Contract's formation, performance,
interpretation, and any issues that may arise in any dispute between the Parties, the
Contract will be governed by and construed in accordance with the laws of the State of
Texas.
B. Amendment. This Contract may be modified by written amendment signed by the
Parties.
C. Confidentiality.
1. The Parties are Irequired to comply with all applicable state and federal laws relating
to the privacy and confidentiality of patient and client records that contain Protected
Health Information (PHI) or other information or records made confidential by law.
2. The Data Use Agreement # 2014-044055-001 that was executed between the Parties
on 6/5/2015 is applicable to this Contract and Contractor agrees to continue to be
bound by its terms and conditions.
3. Contractor will maintain sufficient safeguards to prevent release or disclosure of any
such records or information obtained under this Contract to anyone other than
individuals who are authorized by law to receive such records or information and who
will protect the records or information from re -disclosure as required by law.
VSU Remote Buth Access
Page 3
Contract Number: 537-16-0084-00001
4. Contractor will use confidential records and information obtained under this Contract
only for purposes as described in this Contract and as otherwise allowed by law.
S. Notwithstanding any provision relating to confidentiality, the confidential
information held by DSHS may be disclosed to a third party pursuant to the Texas
Public Information Act (Texas Government Code Chapter 552), any open records
decision or ruling by the Attorney General that such information constitutes public
information or as otherwise provided by law.
D. Exchange of Client -Identifying Information. If this Contract concerns client -
identifying information, except as prohibited by other law, Contractor and DSHS may
exchange PHI without the consent of clients in accordance with 45 Code of Federal
Regulation § 164.504(e)(3)(i)(B), Texas Health and Safety Code § 533.009 and other
applicable law or rules.
E. Records Retention. DSHS will retain records in accordance wiih DSHS State of Texas
Records Retention Schedule at hn://www.dshs.state.tx.us/records/schedules.shtm
Department Rules and other applicable state and federal statutes and regulations
governing medical, mental health, and substance abuse information.
F. Severability. If any provision of this Contract is construed to be illegal or invalid, the
illegal or invalid provision will be deemed stricken and deleted to the same extent and
effect as if never incorporated, but all other provisions will continue.
G. Notice. Any notice required or permitted to be given under this Contract will be in
writing and sent to the respective Party's Representadw. in Section VIII. Notice will be
deemed to have been receiVed by a Party on the third business day after the date on which
it was mailed to the Party at the address specified in writing by the Party to the other
Party, or, if sent by certified mail, on the date of receipt.
H. Waiver. Acceptance by either Party of partial performance or failure to complain of any
action, non -action or default under this Contract will not constitute a waiver of either
Party's rights under the Contract.
I. Assigment. Neither DSHS nor Contractor will not transfer, assign, or sell its interest, in
whole or in part, in this Contract without prior written consent by both Parties.
J. Suspension of Services Under This Contracts In the event of an emergency or
information technology system failure, DSHS may temporarily suspend services without
advance notice.
K. Termination.
1. Convenience. This Contract may be terminated by mutual agreement of both Parties.
Either Party may terminate this Contract without cause by giving 30 days written
notice of its intent to terminate to the non -terminating Party.
VSU Remote Hirth Access
Page 4
Contract Number: 537-I6-0084-00001
2. Cause. This Contract may be terminated for cause by either Party for breach or
failure to perform an essential requirement of the Contract.
3. Notice of Termination. Written notice may be sent by any method that provides
verification of receipt, which will be calculated from the date of receipt by the non -
terminating Party's Representative provided in Section V111.
4. Transition after Termination. At the end of the Term of this Contract or
termination as provided for in this Section, the Parties will equitably settle their
respective accrued interests or obligations incurred prior to,termination.
By signing below, the Parties agree that this Contract constitutes the entire Iegal and binding
agreement between them. The Parties acknowledge that they have read the Contract and agree to
its terms, and that the persons whose signatures appear below have the authority to execute this
Contract on behalf of their respective Party.
DEPARTMENT OF STATE HEALTH
SERVICES
Ed House
Chief Operating Officer
Department of State Health Services
Date
VSU Remote Birth Access
Page 5
CITY OF BEAUMONT
Kyle Hayes
City Manager
City of Beaumont
Date
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS ' SEPTEMBER 15, 2015 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-4 and 6-8/
Consent Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance adopting the FY 2016 Budget by a record vote
2. Consider a resolution adopting the 2016 Capital Program
3. Consider an ordinance accepting the tax roll and establishing the property tax rate
for the tax year 2015 (FY 2016)
4. Consider an ordinance ratifying the budgeted property tax increase reflected in the
FY 2016 Budget
5. Consider a request to abandon a 20' general utility easement in Block 1 of the
McFaddin Heights Additions, Beaumont, Jefferson County, Texas
6. Consider amending Section 2.03.075 of the Code of Ordinances related to
authorized positions in the Police Department
7. Consider a resolution approving the write-off of uncollectible delinquent
accounts ..
8. Consider granting a new solid waste transportation service agreement with Piney
Woods Sanitation Inc.
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:
Erik Kvarme, et al v. The City of Beaumont, Texas, et al
Consider matters related to employment, evaluation and duties of a public officer or
employee in accordance with Section 551.074 of the Government Code, to wit:
City Manager - Kyle Hayes
City Attorney - Tyrone Cooper
City Clerk - Tina Broussard
Chief Magistrate — Craig Lively
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
11
September 15, 2015
Consider an ordinance adopting the FY 2016 Budget by a record vote
TO: City Council
FROM: I , Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider an ordinance adopting the FY 2016 Budget by a
record vote.
BACKGROUND
Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable
votes of at least a majority of all members of the Council." Section 9 states that "the budget shall
be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year.
Should the Council take no final action on or prior to such day, the budget as submitted by the City
Manager shall be deemed to have been finally adopted by the Council."
Section 102.007 of the Government Code requires the vote to adopt a budget to be a record vote.
In addition, the adopted budget will contain a cover page that. includes the statement on whether
the budget will raise more, less or the same amount of property taxes as the prior year, the record
vote of each member of council by name, property tax rates for the preceding and current fiscal
years, the effective tax rate, the effective maintenance and operations rate, the rollback tax rate,
and the debt rate, along with the amount of debt secured by property taxes. This information is
required to be posted on the city's website and remain there for one year after adoption of the
budget.
The FY 2016 Budget was submitted to Council on August 11, 2015, and reviewed during a work
session on August 25, 2015. A public hearing was held on August 25, 2015, which met the
requirements of the Charter and state law.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE REFERRED TO AS THE
"ANNUAL APPROPRIATION ORDINANCE" ADOPTING A
BUDGET FOR THE FISCAL PERIOD BEGINNING
OCTOBER 1, 2015, AND ENDING SEPTEMBER 30, 2016,
IN ACCORDANCE WITH THE CHARTER OF THE CITY OF
BEAUMONT; APPORTIONING THE FUNDS OF THE CITY
OF BEAUMONT; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING FOR SEVERABILITY.
WHEREAS, the City Manager of the City of Beaumont submitted to the City
Council a budget estimate for the revenues of said City and expenses of conducting the
affairs thereof for the fiscal year beginning October 1, 2015, and ending September 30,
2016; and,
WHEREAS, after notices and public hearings held in accordance with the
requirements of the Charter of the City of Beaumont and the statutes of the State of
Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit
"A", should be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 2.
That Exhibit "A" made a part hereof for all purposes is hereby adopted, ratified
and approved as the operating budget document of the City of Beaumont. Exhibit "A" is
hereby adopted and approved as the budget of all the correct expenses as well as the
fixed charges of the City for the fiscal period beginning the 1st day of October, 2015,
and ending the 30th day of September, 2016, and the several amounts stated in Exhibit
"A" as proposed expenditures shall be and become appropriated to the several objects
and purposes therein named. Notices given, as required for the adoption of said
budget, are hereby ratified.
Section 3.
That the sums indicated are appropriated from the following schedule of funds:
a. General
b.
C.
d.
e.
f.
g
h.
k.
I.
F1
n
Debt Service
Water Utilities
Water Revenue Bond Reserve Fund
Solid Waste Management
Hotel Occupancy Tax
Municipal Airport
Henry Homberg Golf Course
Municipal Transit
Other Special Revenue
Capital Reserve
Fleet Management
Employee Benefits
General Liability
Section 4.
$118,538,300
(includes $1.5 million contingency)
$16,553,800
$48,319,900
-0-
$10,667,400
$2,668,800
$4,677,900
$750,900
$8,083,000
$7,369,374
$4,088,800
$9,313,900
$22,368,100
$939,200
That the City Manager is hereby authorized to transfer budgeted funds from one
line item to another line item provided the transaction is not an inter -fund transfer.
Section 5.
That if any section, subsection, sentence, clause or phrase of this ordinance or
the application of same to a particular set of persons or circumstances should for any
reason be held to be invalid, such invalidity 'shall in no way affect the remaining portions
of this ordinance, and to such end the provisions of this ordinance are declared to be
severable.
Section 6.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2015.
r
J
- Mayor Becky Ames -
Fisca'l Year 2016
PROPOSED
ANN , LIA . L. OPE . RATING BUDGET"
1, 2015: - September 3D,. 2016
,City Council
Recky -Ames, Mayor
,y
Mike, Getz, Mayor ProJem I Ward; ard II
W. L. Pate,jr.,.:At Large
Get.hrel Wilflams-Wright,,At Large
Claude - Guldr6z, Wardl.f
Audwin M. Samuel, Ward [11
Robin, Mouton, W.,
. 1. .0 Ward IV
KY,.1e.,Hqy6sj City A40nag6f
In accordance with -Local Government ' Code Sec. 102.0-05(b), � this
statement is. being added. to the Proposed 15poget.
This budget wi.1.1 raise more, total propert tax
y x.es than last
year's budget :by .$2-99,000 or .0.65% and of that amount
,$299�,000- is. tax revenue to be raised from -new- r I o . pert y
,added to the tax roll thisvear. .0
EXHIBIT "A
2
September 15, 2015
Consider a resolution adopting the 2016 Capital Program
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider a resolution adopting the 2016 Capital Program.
BACKGROUND
Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program
with or without amendment after the public hearing and on or before the twenty-seventh (27th
day of the last month of the current fiscal year."
The Capital Program was originally submitted to Council on May 15, 2015. It was revised and
submitted to Council on August 11, 2015, and reviewed during a work session on August 25,
2015. A public hearing was also held on August 25, 2015.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the FY 2016 Capital Program is hereby adopted. The Capital Program is
substantially in the form attached hereto as Exhibit "A." A public hearing was held
August 25, 2015.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2015.
- Mayor Becky Ames -
PUBLIC WORKS PROJECTS
Construction Phase
Avenue A - Washington to Elgie Street
Concord Road - Phase IV - East Lucas to Hwy. 105
Magnolia Overlay - Fannin to Gill
Northwest Parkway
Old Dowlen - Dowien to Hwy. 105
South Park Relief
Street Rehabilitation Program
Washington - IH -10 to ML King
Design Phase
Pointe Parkway North
Storm Water Master Plan
Estimated
$ 2,600,000 [1]
18,000,000 [2]
4,750,000
9,800,000 [3]
9,000,000 [31
14,290,000 [1]
15,000,000
30,200,000 [3]
3,400,000
1,500,000 [4]
[1] Includes 2009 Disaster Recovery Fund - Hurricane Ike funding.
[2] Includes Federal Highway Administration funding up to $7,560,109.
[3] Includes Airport Oil and Gas Revenue.
[4] Three year study - Study started in 2015.
EXHIBIT "A
Recommended
Time Schedule
FY 2016 - 2017
Recommended
Time Schedule
FY 2016-2017
PUBLIC WORKS PROJECTS
Projects for Consideration
Babe Zaharias Drive
Broadway - Eleventh Street to ML King
Caldwood Outfall
College Street - IH -10 to Goliad
Dishman - N. Major to Keith
Dowlen - College to Walden
Dowlen - Delaware to Gladys
Dowlen - US 69 N to Delaware
East Lucas - US 69 N to Pine
Eleventh Street - Washington to US 69 N
Folsom Extension
Gladys Street - IH -10 to Dowlen
Gulf Street - Live Oak to Delaware
High School Ditch Drainage Project
Irving Street - Buford to Washington
Laurel - IH -10 to Office Park
Long - First Street to Eleventh Street
North Main Street - Calder to Railroad Tracks
North Street - ML King to Twenty -Third
Old Calder - Phelan to Arlington
Phelan Boulevard - IH -10 to Dowlen
Pine Street - IH -10 to Crockett
Sabine Pass - Emmett to ML King
Washington - Langham to Major
[1] Includes Airport Oil and Gas Revenue.
[2] Includes Federal Highway Administration funding of $2,764,800.
[3] Includes Federal Highway Administration funding of $3,080,000.
198
Estimated
Cost
2,300,000
10,000,000
9,500,000
13,000,000
600,000
15,500,000
7,250,000
14,800,000
18,600,000
26,500,000
800,000
1,100,000
3,650,000
12,600,000
5,000,000
6,700,000
[2]
[1]
650,000
3,000,000
13,000,000
800,000
1,400,000
5,375, 000
4,200,000
13,400,000 [3]
Recommended
Time Schedule
FY 2016 - 2020
GENERAL IMPROVEMENT PROJECTS
Construction Phase
Airport Improvement Project
Fire Station No. 1 Relocation
Landfill Cell Construction
Riverfront Development
Senior Center
Projects for Consideration
Animal Services and Adoption Center
Fire Headquarters Renovation
Fleet Service Center Improvements
Fleet Fire Maintenance Facility
Tyrrell Park Nature and Birding Center
[1] Municipal Airport Fund.
[2] Solid Waste Fund.
199
Estimated
Cost
4,836,000 [1]
6,500,000
1,900,000 [2]
3,000,000
6,500,000
2,600,000
3,000,000
2,650,000
2,120,000
3,500,000
Time Schedule
FY 2016 - 2017
Recommended
Time Schedule
FY 2016 - 2020
WATER AND SEWER PROJECTS
Construction Phase
Water Projects:
Automatic Flushing Devices
Rehabilitation ofPrison Elevated Storage Tank
Water Line and Fire Hydrant Installation/Replacement
Sewer Projects:
Arthur Lane, Holiday Street, and VothRoad Lift Stations
Florida Avenue Interceptor
Folsom, Major Drive, & San Anee|moLift Stations
HoniotStreet Lift Station
Lift Station Repairs
Primer Sanitary Sewer Lift Station
Sewer Rehabilitation - Small Mains (Pipe Bursting)
Sewer Plant Chlorine Disinfection System Improvements
Sewer Plant Clarifiers Rehabilitation
WatemlSmwer for Street Projects:
Avenue - Washington To US 69 S
Concord Road - Phase IV - East Lucas buHwy. 1O5
Northwest Parkway
O|dDnvWan - DovvanhoHwy. 1U5
South Park Water and Sewer Improvements
Washington - |H-10to ML King
ME
Estimated
Cost
$ 1OD/]DO
500,000
3,000,000
Recommended
Time Schedule
WATER AND SEWER PROJECTS
Design Phase
Water Projects:
Additional Water Supply System
Bunns Bluff Pumping Station
Drinking Water Quality Assessment
Keith Road Water Line Installation - Phelan to Dishman Road
Loeb Well No. 4 Additional Water Supply
Rehabilitation of West Elevated Storage Tank
Sewer Projects:
36" Longfellow Interceptor Rehabilitation
Degritter - Sewer Plant
Downtown Sewer Lift Station
Railroad Interceptor Rehabilitation
Sabine Pass Interceptor Rehabilitation
Sewer Interceptor Rehabilitation - City -Wide
Sewer Interceptor Rehabilitation - Matthew Road and
Phelan Blvd. to Major Drive North to Folsom
Sewer Plant Electrical Improvements
Sewer Plant Underground Piping Rehabilitation
Sewer Plant Sludge Thickener Rehabilitation
Wall and Avenue C Lift Station
Water/Sewer for Street Projects:
College Street - I1-1-10 to Goliad
Dowlen - College to Walden
Dowlen - US 69 N to Delaware
Gladys Street - IH -10 to Dowlen
Laurel - I1-1-10 to Office Park
North Street - ML King to Twenty -Third
Pointe Parkway North
Washington - Langham to Major
201
Estimated
Cost
$ 8,000,000
2,800,000
275,000
720,000
6,000,000
950,000
3,000,000
8,000,000
2,300,000
3,700,000
3,800,000
6,000,000
6,000,000
1,400,000
1,200,000
650,000
1,400,000
1,008,000
1,872,000
1,092,000
1,536,000
588,000
1,208,000
500,000
2,076,000
Recommended
Time Schedule
FY 2016 - 2017
WATER AND SEWER PROJECTS
Projects for Consideration
Water Projects:
36" Transmission Line
Tyrrell Park Lift Station Rehabilitation
Sewer Plant Ground Improvements
Water Plant Improvements - Phase II Construction
Weiss Bluff Pumping Station
Weiss Canal Stabilization
Sewer Projects:
48" Interceptor Rehabilitation
66" and 21" Trunk Line Rehabilitation
72" and 36" Trunk Line Rehabilitation
Sewer Plant Sludge Treatment Improvements
Water/Sewer for Street Projects:
Babe Zaharias Drive
Broadway - Eleventh Street to ML King
Dowlen Road - Delaware to Gladys
East Lucas US 69 N to Pine
Eleventh Street - Washington to US 69 N
Folsom Extension
Gulf Street - Live Oak to Delaware
Irving Street - Buford to Washington
North Main Street - Calder to Railroad Tracks
Phelan Boulevard - I1-1-10 to Dowlen
Pine Street - I1-1-10 to Crockett
Sabine Pass - Emmett to ML King
202
Estimated
r_nat
$ 8,800,000
750,000
1,000,000
7,500,000
3,000,000
3,500,000
3,400,000
4,000,000
6,000,000
5,900,000
50,000
925,000
756,000
2,304,000
528,000
220,000
624,000
539,000
204,000
708,000
528,000
1,020,000
Recommended
Time Schedule
FY 2016 - 2020
3
September 15, 2015
Consider an ordinance accepting the tax roll and establishing the property tax rate for the tax year
2015 (FY 2016)
BEAUMONT
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider an ordinance accepting the tax roll and
establishing the property tax rate for the tax year 2015 (FY 2016).
BACKGROUND
The Jefferson County Appraisal District submitted the Certified Tax Roll on July 27, 2015, in the
amount of $6,935,933,700. Based on this taxable value, a property tax rate of $0.69/$100
for the tax year 2015 (FY 2016) is proposed, which is the current rate. The tax rate would be
apportioned $0.48/$100 assessed valuation to the General Fund and $0.21/$100 assessed
to the Debt Service Fund, which is a shift of one cent from the Debt Service Fund to the General
Fund amounting to $673,000.
As required by Section 26.05 of the Tax Code:
"THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS
THAN LAST YEAR'S TAXRATE".
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
ORDINANCE NO.
ENTITLED AN ORDINANCE ACCEPTING THE TAX
ROLL FOR THE CITY OF BEAUMONT;
ESTABLISHING A TAX RATE; PROVIDING FOR
LEVYING, ASSESSING AND COLLECTING OF AD
VALOREM TAXES FOR THE TAX YEAR 2015 (FY
2016); PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL.
WHEREAS, the Jefferson County Appraisal District has furnished to the City of
Beaumont the re -certified tax roll for the City of Beaumont as of July 27, 2015 to be
$6,935,933,700; and,
WHEREAS, the City Council finds that the tax roll submitted by the Jefferson
County Appraisal District should be accepted and that a tax rate in the amount of $0.69
per each $100 of value for the tax year 2015 (FY 2016) should be established based
upon said roll; and,
WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE.
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Rimr- inn 1
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 2.
That the tax roll submitted to the City Council by the Jefferson County Appraisal
District, a summary of which is attached as Exhibit "A", and showing the total net
taxable assessed value of all property within the City to be $6,935,933,700 is hereby
V
approved and accepted by the City of Beaumont.
Section 3.
That there shall be and is hereby levied and shall be assessed and collected for
the tax year 2015 (FY 2016), for municipal purposes only, an ad valorem tax rate of
$0.69 on each $100 worth of property value located within the city limits of the City of
Beaumont made taxable by law, which said taxes, when collected, shall be for the
purposes hereinafter set forth as follows:
General Fund $0.48
Debt Service Fund $0.21
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.
Ccrfinn R
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2015.
- Mayor Becky Ames -
STATE OF TEXAS
COUNTY OF JEFFERSON
CERTIFICATION OF 2015 APPRAISAL ROLL FOR City of Beaumont
I, Angela BeIlard, Chief Appraiser for the Jefferson County Appraisal District,
solemnly swear that the attached is that portion of the approved Appraisal Roll of the
Jefferson County Appraisal District that lists property taxable by and constitutes the
appraisal roll for City of Beaumont.
July 27, 2015 0.7 - re_
Date Ange� Bellard, RPA, RES
Chief Appraiser
Jefferson County Appraisal District
2015 Market Value
2015 Taxable Value
2015 APPRAISAL ROLL INFORMATION
$7,776,816,830
$6,935,933,700
RECEIVED B DATE:
.EXHIBIT "A"
Jefferson County County
2015 CERTIFIED TOTALS
As of Certification
221 - CITY OF BEAUMONT
Total Productivity Market:
36,973,731
Property Count: 64,875
Grand Totals
7127/2015 7:37:37AM
418,024
0
Productivity Loss
35,366,759
Lind
Value I
Homesite:
289,283,037
= 7,740,450,071
Productivity Loss:
Non Hornesite:
674,725,325
Ag Market:
34,067,091
Homestead Cap
Timber Market:
2,906,640
Total Land
1,000,982,093
Assessed Value
= 7,737,027,471
Improvement
VaIUT1
Homesite-
2,386,725,851
Non Hornesite:
2,633,539,881
Total improvements
5,020,265,732
Non Real
Count Vatue
Personal Property:
7,575 1,753,231,764
Mineral Property:
206 2,337,241
Autos:
0 0
Total Non Real
1,755,569,005
Market Value
= 7,776,816,830
Ag
Non Exempt
exempt
Total Productivity Market:
36,973,731
0
Ag Use.
418,024
0
Productivity Loss
35,366,759
Timber Use:
188,948
0
Appraised Value
= 7,740,450,071
Productivity Loss:
36,366,759
0
Homestead Cap
3,422,600
Assessed Value
= 7,737,027,471
Total Exemptions Amount 80I,093,771
(Breakdown on Next Page)
Not Taxable = 6,935.933,700
APPROXIMATE TOTAL LEVY = NET TAXABLE * (TAX RATE / 100)
47,857,942.53 = 6,935,933,700 * (0-690000 / 100)
Tax Increment Finance Value: 0
Tax Increment Finance Levy: 0.00
221/221 Page 29 of 112 True Automation, Inc
Jefferson County County 2015 CERTIFIED TOTALS As of Certification
221 - CITY OF BEAUMONT
Property Count: $4,875 Grand Totals 7/27/2015 7:37:44AM
Exemption Breakdown
Exemption
Count
Local
State
ota
DF
1,769
29,773,813
0
29,773,813
DIPS
19
315,000
0
315,000
DVI
105
0
594,060
594,060
DV1 S
8
0
40,000
40,000
DV2
56
0
423,600
423,600
DV3
63
0
621,640
621,640
DV4
369
0
4,238,736
4,238,736
DV4S
13
0
156,000
156,000
DVHS
203
0
21,374,498
21,374,498
DVHSS
9
0
941,330
941,330
EX-XA
9
0
1,597,420
1,597,420
EX-XA (Prorated)
4
0
280,126
280,126
EX-XG
6
0
1,156,820
1,156,820
EX -X1
12
0
2,459,530
2,459,530
EX -XJ
41
0
17,448,950
17,448,950
EX -XL
3
0
2,088,960
2,088,960
EX -XU
99
D
2,735,860
2,735,860
EX -XV
3,620
0
541,136,183
541,136,183
EX XV (Prorated)
16
0
771,690
771,690
EX366
73
0
16,570
16,570
FIR
28
0
0
0
GIT
1
31,437,470
0
31,437,470
LIH
2
0
2,990,980
2,990,980
OV65
7,993
137,338,395
0
137,338,395
OV65S
60
1,012,190
0
1,012,190
PC
1
143,950
0
143,950
Totals 200,020,818 601,072,963 801,093,711
221/221 Page 30 of 112 True Automation, Inc.
Jefferson County County 2015 CERTIFIED TOTALS As of Certification
221 - CITY OF BEAUMONT
Property Count 64,875 Grand Totals 712712015 7:37:44AM
State Category Breakdown
State Code Description — Count Acres New Value Market MarketValve
A
SINGLE FAMILY RESIDENCE
37,050
$42,859,541
$3,515,701,474
B
MULTIFAMILY RESIDENCE
569
$516,690
$3*10,400,538
C1
VACANT LOTS AND LAND TRACTS
10,896
$186,480
$97,363,354
DI
QUALIFIED AG LAND
218 7,120.0377
$0
$36,973,731
D2
NON-QUALIFIED LAND
8
$24,300
$72,540
E
FARM OR RANCH IMPROVEMENT
427 6,279.4226
$90,920
$50.486,008
F1
COMMERCIAL REAL PROPERTY
3,132
$27,742,770
$1,323,862,601
F2
INDUSTRIAL REAL PROPERTY
88
$2,110,570
$108,386,710
GI
OIL AND GAS
200
$0
$2,337,241
H2
GOODS IN TRANSIT
1
$0
$31,437,470
J2
GAS DISTRIBUTION SYSTEM
24
$0
$9,813,490
J3
ELECTRIC COMPANY (INCLUDING CO-OP
91
$0
$123.109,750
J4
TELEPHONE COMPANY (INCLUDING CO-
19
$0
$27,464,470
J5
RAILROAD
55
$0
$35,874,950
J6
PIPELAND COMPANY
161
$1,000
$53,777,910
J7
CABLE TELEVISION COMPANY
7
$0
$12,740,890
J8
OTHER TYPE OF UTILITY
117
$0
$16,200,960
Ll
COMMERCIAL PERSONAL PROPERTY
6,827
$60,000
$831,329,644
L2
INDUSTRIAL PERSONAL PROPERTY
157
$0
$559,087,080
M1
TANGIBLE OTHER PERSONAL, MOBILE H
397
$67,810
$2,937,480
0
RESIDENTIAL INVENTORY
405
$2,859,320
$11.182,300
S
SPECIAL INVENTORY TAX
92
$0
$43,593,150
X
TOTALLY EXEMPT PROPERTY
3,885
$27,944,460
$572,683,089
Totals 13,399.4603 $104,463,861 $7,776,816,830
2211221 Page 31 of 112 True Automation, Inc.
Jefferson County County 2015 CERTIFIED TOTALS
As of Certification
221 -
CITY OF BEAUMONT
Property Count 64,875
Grand Totals
712712015 7;37:44AM
CAD State Category Breakdown
State Code
Description
Count Acres
New Value Market
Market alu-
A
9
565,791
$245,903
Al
REAL, RESIDENTIAL, SINGLE-FAMILY
33,810
$42,702,580
$3,316,815,028
A2
REAL, RESIDENTIAL, MOBILE HOME
7
$0
$174,740
A5
TOWNHOME/PATIOHIGARDENH/CONDOS
2,966
$0
$196,314,443
A7
REAL/RES/MH 5 AC/LESS-BY OWNER
258
$91,170
$2,151,360
B
3
$0
$3,037.613
Bi
REAL, RESIDENTIAL, APARTMENTS
251
$486,600
$291,404,260
B2
REAL, RESIDENTIAL, DUPLEXES
377
$30,090
$13,551,015
S4
"REAL, RESIDENTIAL(FOUR PLEXES)"
38
$0
$2,397,650
C1
REAL, VACANT PLATTED RESIDENTIAL L
9,534
$7,080
$57,911,168
C2
REAL, VACANT PLATTED COMMERCIAL L
1,362
$179,400
$39,452,186
D1
REAL, ACREAGE, RANGELAND
218 7,120,0377
$0
$36,973,731
D2
REAL, ACREAGE, TIMBERLAND
8
$24,300
$72,540
D3
REAL, ACREAGE, FARMLAND
15
$90,920
$1,034,410
D4
REAL, ACREAGE, UNDEVELOPED LAND
363
$0
$35,752,558
D5
UNFILLED LAND
1
$0
$90
D9
RIP\RAP
1
$0
$181,720
El
REAL, FARWRANCH, HOUSE
45
$0
$13,415,180
E7
MH ON REAL PROP (5 AC/MORE) MH
2
$0
5102,050
F1
REAL, Commercial
3,132
$27,742,770
$1,323,862,601
F2
REAL, Industrial
47
$2,110,570
$25,580,770
F5
OPERATING UNITS ACREAGE
29
$0
$3,225,380
F9
INDUSTRIAL APPR BY CAPITOL
12
$0
$79,580,560
GI
OIL AND GAS
200
$0
$2,337,241
H2
GOODS IN TRANSIT
1
$0
$31,437,470
J2
REAL & TANGIBLE PERSONAL, UTILITIES,
24
$0
$9,813,490
J3
REAL &TANGIBLE PERSONAL, UTILITIES,
91
$0
$123,109,750
J4
REAL & TANGIBLE PERSONAL, UTILITIES,
19
$0
$27,464,470
J5
REAL & TANGIBLE PERSONAL, UTILITIES,
55
$o
$35,874,950
J6
REAL & TANGIBLE PERSONAL, UTILITIES,
161
$1,000
$53,777,910
J7
REAL &TANGIBLE PERSONAL, UTILITIES,
7
$0
$12,740,890
J8
REAL & TANGIBLE PERSONAL, UTILITIES,
117
$0
$16,200,960
Ll
TANGIBLE, PERSONAL PROPERTY, COMM
6,827
$60,000
$831,329,644
L2
TANGIBLE, PERSONAL PROPERTY, INDU
157
$0
$559,087,080
M1
TANGIBLE OTHER PERSONAL, MOBILE H
397
$67,810
$2,937,480.
01
INVENTORY, VACANT RES LAND
405
$2,859,320
$11,182,300
S
SPECIAL INVENTORY
92
$0
$43,593,150
X
3,885
$27,944,460
$572,683,089
Totals 7,120.0377
$104,463,861
$7,776,816,830
R �:D 10, IE-n�oj - rq, 0
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221/221 Page 32 of 112 True Automation, Inc.
E
September 15, 2015
Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2016 Budget
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider an ordinance ratifying the budgeted property tax
increase reflected in the FY 2016 Budget.
BACKGROUND
Section 102 of the Local Government Code includes the following: "Adoption of a budget that
will require raising more revenue from property taxes than in the previous year requires a
vote of the governing body to ratify the property tax increase reflected in the budget. A vote
under this subsection is in addition to and separate from the vote to adopt the budget or a vote to
the tax rate required by Chapter 26, Tax Code, or other law."
Although the tax rate is remaining at $0.69 per $100 assessed valuation, the budgeted revenue
from property taxes is expected to be $299,000 more than FY 2015. This amount is all
attributable to new property added to the tax roll this year.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of a the resolution.
ENTITLED AN ORDINANCE RATIFYING THE BUDGETED
PROPERTY TAX INCREASE REFLECTED IN THE FY 2016
BUDGET.
WHEREAS, the proposed FY 2016 budget will raise more total property taxes
than last year's budget by $299,000 or 0.65%; and,
WHEREAS, the adoption of a budget that will raise more revenue from property
taxes than in the previous year requires a vote separate from and in addition to the vote
to adopt the budget;
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 2.
That the property tax increase reflected in the budget which will raise more total
property taxes than last year's budget by $299,000 be and the same is hereby, by
separate vote, ratified.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2015.
- Mayor Becky Ames -
5
September 15, 2015
Consider a request to abandon a 20' general utility easement in Block 1 of the McFaddin Heights
Additions, Beaumont, Jefferson County, Texas
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Director of Planning and Community Development
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider a request to abandon a 20' general utility
easement in Block 1 of the McFaddin Heights Additions,
Beaumont, Jefferson County, Texas.
BACKGROUND
Mr. Chaudhry Bashir, on behalf of Arain, LLC, has applied for the abandonment of a 0.06 acre
general utility easement. The property is located near the intersection of Martin Luther King
Parkway and Isla Street on the north side of Interstate 10 East.
Mr. Bashir would like to construct a new convenience store at this location, but the property he
owns is divided by this utility easement. Once the easement is abandoned, he would like to replat
the property in preparation for construction.
At a Joint Public Hearing held August 17, 2015, the Planning Commission recommended 7:0 to
approve the request to abandon a 20' general utility easement in Block 1 of the McFaddin
Heights Additions, Beaumont, Jefferson County, Texas, with the following condition:
1. Applicant provides assurance that Centerpoint Entergy and any other entity with rights to the
easement provides their consent.
Centerpoint Entergy 4has provided the attached release of easement, and all other entities have
given their consent.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
RELEASE OF EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, under the platting and dedication of that certain subdivision known
as McFaddin Heights Addition, certain utility easements were dedicated as reflected by
the official plat of said subdivision, recorded in Volume 6, Page 196 of the Map
Records of Jefferson County, Texas; and,
WHEREAS, CenterPoint Energy Resources Corporation, dfbla CenterPoint
Energy Texas Gas Operations has been requested to release its right of use of that
portion of dedicated easement in Lots 1, 2 and 3, in Block 1, which CenterPoint Energy
Resources Corporation, is willing to do;
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That in
consideration of the premises, CenterPoint Energy Resources Corporation, has
RELEASED, and does by these presents FOREVER RELEASE, all of its right of use of
the following portion of the aforesaid dedicated easements, which released portion is
described as follows:
That certain dedicated twenty (20) foot wide utility easement
located westerly of and adjoining the entire easterly line of
said Lots 1, 2, and 3, in Block 1.
This is a partial release, which affects only that part of the easement described in
the preceding paragraph and which does not in any manner affect the rights of
I
J:ISMUOBIMES''B2015t915674LF1..?1567ZZ-I.D0009103/15 rw
JOB REL91567ZZ-1
MAP F4263010052
C/r Fact Tvvwc
CenterPoint Energy Resources Corporation, to use the remainder of the dedicated
easements in the aforesaid
fssUbdiyasion.
EXECUTED this Y qday of JG12015.
CenterPoint Energy Resources Corporation, d/b/a CenterPoint Energy Texas Gas
Operations
BY.
Mark L. Kouwe, Manager Surveying & Right of Way Division
Agent & Attorney -in -Fact
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on .. L) , 2015, by Mark
L. Kouwe, Manager of the Surveying & Right of Way Division of CenterPoint Energy
Houston Electric, LLC, Agent and Attorney -in -Fact for CenterPoint Energy Resources
Corporation, d/b/a CenterPoint Energy Texas Gas Operations, on -behalf of said
corporation.
.._• w:,��_.�� �����...�-v�-x�:.`�:: ter,
AFTER RECORDING RETURN TO:
SURVEYING A RIGHT OF WAY
GeNTERPOINT ENEROY HOUSTON ELECTRIC, LLC
P. O. BOX 1700
HOUSTON, TX 77251-1700
2
l:\SMUOS FII.E55B2o15191567�REL915b7ZZ-I.ApC 09ro3/13 mry
Notary's Sign ure-
JOB REL91567ZZ-1
MAP F4263010052
oul V__ r—.--
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
2015 Sep 08 01:56 PM Fee: $ 30.00
2015029226
CAROLYN L. GUIDRY, COUNTY CLERK
JEFFERSON COUNTY TEXAS
*Electronically Recorded*
APPLICATION FOR RIGHT-OF-WAY
OR UTILITY EASEMENT ABANDONMENT
CITY OF BEAUMONT, TEXAS
THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW), UTILITY EASEMENT (UE)
OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT.
NAME OF APPLICANT:
AUTHORITY OF /lid enL �►
• �o/rte s
• • �l��� gni
ALL OWNERS ABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST.
(PLEASE ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION)
DESCRIPTION OF ROW OR UE TO BE ABANDONED: ��Lt_L/j�9VE
PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT)_}//,�
ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT.
LEGAL DESCRIPTION OF PROPERTY: ,0, � ���
�
LOT NO.__Il f 'T OF 3 OR TRACT
BLOCK NO.
PLAT
ADDITION_V,eoW eC �►�dld:n e� v._ SURVEY_
ATTACH A MAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE
LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE).
ATTACH THE $300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND
TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF THE FEE INTEREST
IN THE PROPERTY SHALL BE CHARGED.
TO T.IIE BEST OF MY KNOWLEDGE, TLI_E ABOVE
SIGNATURE OF
APPLICANT:
PLEASE TYPE OR PRINT ANLr[ UBMIT TO
FILE NUMBER: V5S - 07
DATE RECEIVED: 1,12-5115)
RM.ATION IS TRUE AND CORRECT.
DATE: ':� )—
CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, SUITE ?01
BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3133
r `
APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT
Application Ownership List
Date: e 'c1-0 <5
the undersigned, being the sole owners of all the property abutting the proposed abandomnent
of
that the right-of-way, alley, or utility easement be closed and abandoned.
OWNER and ADDRESS
hereby respectfully petition
Lot Block
(tract) (tax plat)
NOTE: Please print or type your name and then use signature. Separate sheets may be used.
Addition
(survey)
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors
E-MAIL ADDRESS INFO@FAUSTENG.COM
2525 Calder Street
Beaumont, Texas 77702
Surveying Firm Registration No. 100024-00
Engineering Firm Registration No. 4800
June 22, 2015
City of Beaumont
Planning and Zoning Division
801 Main Street
Beaumont, Texas 77701
To Whom It May Concern:
Telephone (409) 813-3410
Fax (409) 813-3484
Re: Utility Easement at Rear of Lots 1, 2, and 3, McFaddin Heights Addition
As Shown on Map Recorded in Volume 6, Page 196, Map Records of Jefferson
County
Mr. Chaudhry Bashir, Arain, LLC, is now the owner of the property described on the
attached survey and he is also now the owner of the adjacent property noted on the
survey as being owned by Daniel Jones, Sr., Clerk's File No. 2007041810, of the Real
Property Records of Jefferson County. Mr. Bashir wants to replat the property shown on
the survey and the property shown as being owned by Daniel Jones, Sr., into one piece
of property. Prior to doing that, however, he is requesting that the above -referenced
easement be abandoned so that he may construct a convenience store on the property
and not encroach into the easement as it is described. All City of Beaumont building
requirements, i.e. setback lines, etc., would be met in the construction of the new
convenience store.
Attached is Mr. Bashir's Application For Right -Of -Way or Utility Easement Abandonment
and the associated fee in the amount of $300.00. Your approval of this request would
be appreciated. If you have any questions, I may be reached by telephone at 409-813-
3410.
For The Firm,
Ric ar Fast., resident
Faust Engineering and Surveying, Inc.
Registered Professional Land Surveyor No. 4782
150184 City of Beaumont 06-22-2015
File 858 -OB: A request to abandon a 20' general utility easement in Block 1 of the
cFaddin Heights Additions, Beaumont, Jefferson County, Texas
Location: Block 1, McFaddin Heights Addition
Applicant: Chaudhry Bashir
0 100 200
1 1 Feet
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ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND
ABANDONING A 20' GENERAL UTILITY EASEMENT IN
BLOCK 1 OF THE MCFADDIN HEIGHTS ADDITION, CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Chaudhry Bashir, on behalf of Arain, LLC, has applied for an
abandonment of a 20' general utility easement in Block 1 of the McFaddin Heights
Addition, City of Beaumont, Jefferson County, Texas, containing 0.06 acres, more or
less, as described in Exhibit "A" and shown on Exhibit "B," attached hereto; and,
WHEREAS, the City Council has considered the purpose of said abandonment
and is of the opinion that the general utility easement is no longer necessary for utility
purposes and the abandonment of said general utility easement is .in the best interest of
the City and should be granted;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT a 20' general utility easement in Block 1 of the McFaddin Heights Addition,
City of Beaumont, Jefferson County, Texas, containing 0.06 acres, more or less, as
described in Exhibit "A" and shown on Exhibit "B," attached hereto, be and the same is
hereby vacated and abandoned and that title to such property shall revert to and
become the property of the persons entitled thereto by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2015.
- Mayor Becky Ames -
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors
E-MAIL ADDRESS INFO@FAUSTENG.COM
2525 Calder Street
Beaumont, Texas 77702
Surveying Firm Registration No. 100024-00
Engineering Firm Registration No. 4800
Telephone (409) 813-3410
Fax (409) 813-3484
FIELD NOTE DESCRIPTION
FORA
0.06 ACRE TRACT
OUT OF
BLOCK 1
OF THE
REPLAT OF MCFADDIN HEIGHTS ADDITION
JEFFERSON COUNTY, TEXAS
JULY 14, 2015
THAT CERTAIN 0.06 acre tract or parcel of land out of Block 1 of the Replat of McFaddin Heights
Addition, a plat recorded in Volume 6, Page 196, of the Map Records of Jefferson County, Texas,
and being a 20 foot utility easement adjacent to the east line of Lots 1, 2 and 3 of said Block 1
and being more particularly described by metes and bounds as follows:
(BASIS OF BEARINGS.IS THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH
CENTRAL ZONE, CONVERGENCE 02°23'45", SCALE FACTOR 0.999951346, NAD 1983)
BEGINNING at a 1/2" rebar found in the south line of Isla Avenue and being the
northeast corner of Lot 1, Block 1, of the said McFaddin Heights Replat; said
rebar being the northeast corner of the herein described tract;
THENCE South 02°24'28" East (called South) along the east line of said Block 1, a
distance of 129.53 feet to a 5/8" rebar found on the north line of Interstate 10;
said rebar being the southeast corner of the herein described tract;
THENCE North 81°16'27" West (called North 78°53'20" West) along the north
right-of-way line of Interstate Highway 10, a distance of 20.38 feet to a point
being the southwest corner of the herein described tract;
THENCE North 02°24'28" West (called North) 20 feet from and parallel to the
said east line of Block 1, a distance of 125.61 feet to a point on the said south
line of Isla Avenue; said point being on the north line of said Lot 1 and being the
northwest corner of the herein described tract;
THENCE North 8737'38" East (called South 89°59'13" East) along the south
right-of-way line of said Isla Avenue and the north line of said Lot 1, a distance
858 legal EXHIBIT "A" PAGE 1
Field Note Description
of 20.00 feet (called 20.00 feet) to the POINT OF BEGINNING and containing
0.06 acres of land, more or less.
This description and the accompanying plat were prepared from a Survey
prepared under the supervision of Richard F. Faust, P.E., Registered Professional
Land Surveyor No. 4782 on July 14, 2015.
Richard F. Faust, P.E.
Registered Professional Land Surveyor No. 4782
PAGE 2
SURVEY LEGEND
—E ---E— ETFCIRIC LINE CONCRETE SURFACE SWMM/NG P00L ❑ A C AIR CONDITION/NG UNIT =WOOD PENCE
—PL—PL— PIPELINE ® COW?ED AREA DITCH ^ PP POWER POLECHAIN UNK FENCE
—T-7'— TELEPHONE UNE ROCK OR GRA 4a LAW A SIREEWGHT X BARBED PARE FENCE
CLIENT- ARAIN LLC GF#18935—MM
(BASIS OF BEARINGS IS 7HE 7EXAS STATE
\ PLANE COORDINATE SYS7EM, TEXAS SOUTH
S 6523'08" E 147.38' `FOUND RAILROAD CENTRAL ZONE, CONVERGENCE 0223'4a ,
SPIKE SCALE FACTOR 0.999951346, NAD 1983)
SET 1/2'
RE9BAR
NOW OR FORMERLY
DANIEL JONES, SR.
S CLERKS FILE NO.
�6. 2007041810 Z
s?004 J. C. R. P. R.
01 °'ay. JY
�s•
W !D X60
Lil'iso �0'
h
c a rR-7 SCALE: 1' = 40'
Ny
�U
�� v
REBAR
N 0237'01" W 14.96' -
(CALLED N 0073'47' W 14.969
THE FOLLOWING 17E MS ARE
LISTED WITHIN SCHEDULE 9'
OF THE 777LE COMMITMENT
ISSUED ON JUNE 4. 2019
AND ARE REFERENCED AS
FOLLOWS:
17EM 70.d) 20' UTILITY
EASEMENT AS RECORDED IN
VOLUME 6, PAGE 196 4C.M.R.;
20 10. d
UTILITY EASEMENT
0.60 acres
REPLAT OF MCFADDIN HEIGHTS ADD1770M
VOL 6, PG. 196 J.C.M.R.
LOT 1 I LOT 2
B L O
N 0223'08"
C K
FOUND 5/8'
EBA
POINT OF BEGINNIN
N 81'16'25" W 24.16'
(CALLED N 78'53'20' W 24.3)
TRAFFIC SIGNAL
POST
IS SHOWN ON THIS PLAT.—t—�•°—�� L SET 7/2'
/ P.P. G.A. P•P REBAk
StiRVEYCR'S LERRFIC47E MAR77N LUTHER KING JR PARKWAY
I do hereby certify to the best of my knowledge and belief that this is on accurate plat of a survey made on the ground,
under my Supervision, showing above ground improvements and visible encroachment4 as of JUNE5,2015.
The above tract being located otAIARTIN LUTHER KING, JR PARKWAY, BEAUMONT, TEXAS 77703
The tract being described as d60ACRETRACTORPARCEL OFLAND OUTOF7HEJAMESDRAKESURVEYABSTRACrNO.18,
JEFFERSON COUNTY, TEXAS, AND BEING THESAMETRACTAS TRACT TWO CONVEYED TO DONALD FO'BRIEN, JR. AS DESCRIBED IN
CLERKS FILENUMBER 2003045798 OF THE REAL PROPERTYRECORDS OFJEFFERSON COUNTY, TEXAS (SEEATTACHED LEGAL
DESCRIPTION). In accordance with Rood Insurance Rate Map (FIRM) of the Federal Emergency Management Agency, the
subject tract is located In Rood Zone noted below. The location of the property was determined by scale Actual field
elevation was not determined, unless requested. FAUST Engineering and S11rve54ng, Inc does not warrant or subscribe to
the accuracy of said map.
8 2015 FAUST Engineering and Surveying, Inc.
All rights reserved
THIS SURVEY 1S CERTIFIED FOR THIS TRANSACTION ONLY AND IS NOT
TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. USE
OF THIS SURVEY FOR ANY 07HER PURPOSE OR BY OTHER PAR77ES SHALL BE
AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR is NOT RESPONSIBLE RICHARD F. FAUST
To OTHERS FOR ANY LOSS RESULTING THEREFROM REGIS7ERED PROFESSIONAL LAND SURVEYOR NO. 4782
ENGINEERING FIRM REWS7RA77ON NO. 4800
Date. JUNE 7. 2015
Census Tract: 9
FEMA Flood Zone: X
Community Panel NO.:
FOUND 5/8'
"
,`� OF 5,
�P�c+� S rF9�fy
•-Co:-•--•••••-•-•-•--...•-•-
PoaiMD F. FAUST
REBAR
4782
Panel Date: 8/6/02
Field Book No.: 15-4
Project No. 150184
ENGINEERING AND SURVEYING, INC.
2525 I..STTiEE1 ■ BEAUlIDNT. 7FJ(AS 77702
~
C)
�
Q
J
�N
m
�
� p
O
SIG
'h
P.P.
TRAFFIC SIGNAL
POST
IS SHOWN ON THIS PLAT.—t—�•°—�� L SET 7/2'
/ P.P. G.A. P•P REBAk
StiRVEYCR'S LERRFIC47E MAR77N LUTHER KING JR PARKWAY
I do hereby certify to the best of my knowledge and belief that this is on accurate plat of a survey made on the ground,
under my Supervision, showing above ground improvements and visible encroachment4 as of JUNE5,2015.
The above tract being located otAIARTIN LUTHER KING, JR PARKWAY, BEAUMONT, TEXAS 77703
The tract being described as d60ACRETRACTORPARCEL OFLAND OUTOF7HEJAMESDRAKESURVEYABSTRACrNO.18,
JEFFERSON COUNTY, TEXAS, AND BEING THESAMETRACTAS TRACT TWO CONVEYED TO DONALD FO'BRIEN, JR. AS DESCRIBED IN
CLERKS FILENUMBER 2003045798 OF THE REAL PROPERTYRECORDS OFJEFFERSON COUNTY, TEXAS (SEEATTACHED LEGAL
DESCRIPTION). In accordance with Rood Insurance Rate Map (FIRM) of the Federal Emergency Management Agency, the
subject tract is located In Rood Zone noted below. The location of the property was determined by scale Actual field
elevation was not determined, unless requested. FAUST Engineering and S11rve54ng, Inc does not warrant or subscribe to
the accuracy of said map.
8 2015 FAUST Engineering and Surveying, Inc.
All rights reserved
THIS SURVEY 1S CERTIFIED FOR THIS TRANSACTION ONLY AND IS NOT
TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. USE
OF THIS SURVEY FOR ANY 07HER PURPOSE OR BY OTHER PAR77ES SHALL BE
AT THEIR OWN RISK AND THE UNDERSIGNED SURVEYOR is NOT RESPONSIBLE RICHARD F. FAUST
To OTHERS FOR ANY LOSS RESULTING THEREFROM REGIS7ERED PROFESSIONAL LAND SURVEYOR NO. 4782
ENGINEERING FIRM REWS7RA77ON NO. 4800
Date. JUNE 7. 2015
Census Tract: 9
FEMA Flood Zone: X
Community Panel NO.:
"
,`� OF 5,
�P�c+� S rF9�fy
•-Co:-•--•••••-•-•-•--...•-•-
PoaiMD F. FAUST
485457-0020 C
4782
Panel Date: 8/6/02
Field Book No.: 15-4
Project No. 150184
ENGINEERING AND SURVEYING, INC.
2525 I..STTiEE1 ■ BEAUlIDNT. 7FJ(AS 77702
Ell
September 15, 2015
Consider amending Section 2.03.075 of the Code of Ordinances related to authorized positions in the
Police Department
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider amending Section 2.03.075 of the Code of
Ordinances related to authorized positions in the Police Department.
BACKGROUND
The Code of Ordinances currently authorizes two Captain positions. Former Captain Jim Clay
was recently promoted to Assistant Chief and former Captain David G. Durst recently retired,
leaving these two positions vacant. Chief Singletary would like the City Council to eliminate the
two Captain positions and add two Sergeant positions. The total number of authorized positions
in the Police Department would remain at 260.
Chief Singletary will evaluate the new management structure for three to six months before
making a recommendation regarding Captain positions in the future.
RECOMMENDATION
Approval of the amended ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING SECTION
2.03.075 OF THE CODE OF ORDINANCES BY
DECREASING THE NUMBER OF' GRADE IV CAPTAIN
POSITIONS FROM TWO (2) TO ZERO (0) AND
INCREASING THE NUMBER OF GRADE II SERGEANT
POSITIONS IN THE BEAUMONT. POLICE DEPARTMENT
FROM FORTY-TWO (42) TO FORTY-FOUR (44);
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
REPEAL.
Section 1.
That Chapter 21, Section 2.03.075, of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to decrease the number of Grade IV
Captain positions in the Beaumont Police Department from two (2) to zero (0) and
increase the number of Grade 11 Sergeant positions in the Beaumont Police Department
from forty-two (42) to forty-four (44).
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.
All ordinance or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2015.
- Mayor Becky Ames -
v
September 15, 2015
Consider a resolution approving the write-off of uncollectible delinquent accounts
TEXAS
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider a resolution approving the write-off of
uncollectible delinquent accounts.
BACKGROUND
This request is in accordance with the write-off policy approved by City Council on December 21,
1999. The policy gives Council the final authority to write-off an individual account receivable
identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for
transactions prior to August, 2014 which have been sent to the collection agency and collection
efforts have been unsuccessful for more than one year. A summary by receivable type is shown
below.
Building Code Charges - $3,380.54
Original Charges date from 2006.
Landfill Charges - $8,608.00
Original Charges date from 2013.
Water Miscellaneous Charges - $2,000.00
The charge was for a water pretreatment fine dated 2011.
Weed Abatement Charges - $222,401.07
Original charge dates range from 2005 to 2014.
Small Business Loan - $22,500.00
Charges are from a defaulted Small Business Revolving Loan Fund loan for which
HUD instructed the City to reimburse the grant funds. The loan is to be written off for the
purposes of the Small Business Revolving Loan Fund. A default judgment was filed
against the customer. Charges are dated 2012.
Write-off Delinquent Accounts
September 15, 2015
EMS Ambulance Charges - $490,037.55
These charges from ambulance transports include uninsured claims or co -pay and
deductibles that the customer is responsible for. The original charge dates range from
2004 to 2014 and accounts have been uncollectible for at least one year.
If at any time an account becomes collectible after having been written off, the receivable shall be
adjusted accordingly. The balance of the account shall be reinstated and payments shall be
applied to that balance.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the write-off of the following uncollectible
delinquent accounts totaling $748,927.16 for which each individual account exceeds
$1,000, as shown on Exhibit "A" attached hereto:
Building Code Charges $3,380.54
Landfill Charges $8,608.00
Water Miscellaneous Charges $2,000.00
Weed Abatement Charges $222,401.07
Small Business Loan $22,500.00
EMS Ambulance Charges $490,037.55
BE IT FURTHER RESOLVED THAT if, at any time, an account becomes
collectible after having been written off, the receivable shall be adjusted accordingly and
the balance of the account shall be reinstated and payments shall be applied to that
balance.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
September, 2015.
- Mayor Becky Ames -
WRITE OFF REQUEST- September 2015
ACCOUNTS $1000 and GREATER
BY CODE
Building Codes
3,380.54
Landfill
8,608.00
Water Miscellaneous
2,000.00
Weed
222,401.07
Small Business
22,500.00
EMS
490,037.55
Total
748,927.16
BY CUSTOMER
ADAMS WILLIAM J
1,069.50
ADAMS, MARK
1,740.00
ADAWAY, WILLIS
1,560.00
AILES, CHERYL ANN
2,655.00
ALEX, EDWARD ESTATE
1,917.14
ALFARO, IMELDA GUADALUPE
1,595.00
ALI & NAHID
1,209.25
ALI, MUHAMMAD ISA
1,075.00
ALLEN, TARNEKA
4,280.00
AMOS, MICHAEL
11655.00
ANDERSON, DONNA
820.00
ANDERSON, DONNA
835.00
ARCELLA
2,962.00
ARCENEAUX, JEREMY
3,185.00
ARDOIN, JARVIS
3,235.00
ARDOIN, TERRANCE
1,610.00
ARTMORE, RACHEL MARIE
3,370.00
BABINEAUX, GUSSIE ET UX
1,170.80
BALL, DAVID
1,740.00
BALL, MICHAEL RAY
2,400.00
BANKS, JASON
2,370.00
BARNETT, TAHMEKIA
1,015.00
BARROW, PATRICIA
2,490.00
BARRY IVAN 1
1,076.00
BARRY, FLORENCE
2,610.00
BARRY, MONTY ET AL
1,933.50
BASS, KAREN
1,590.00
BASS, LAURA LEE
1,640.00
BATISTE JUNIUS C
1,307.40
BAYTOWN SEAFOOD
2,000.00
BEATY, JENNIFER
1,015.00
BEAUMONT CHARTER ACADEMY
2,152.88
BEAUMONT DEMOLITION GROUP
2,695.00
BELGARD, MISTY
1,725.00
BELL, LA-MARKUS
1,030.00
EXHIBIT "k
BELLARD LOUISE
1,918.00
BENDY, GRACE
1,700.00
BENNETT, WILLIAM
755.00
BENNETT, WILLIAM
835.00
BENOIT, JOSHUA
1,575.00
BERGEAUX, CIERA
1,660.00
BERNARD VIRA JEAN
1,217.34
BERTRAND, JOHN
1,700.00
BITTLE, ALLEN DEWIGHT
1,495.00
BLAND, DONNIE LOUIS ET U
1,620.00
BOCK, GISELE
2,460.00
BOOKER, JASMINE
1,685.00
BOUTTE, ALLEN WAYNE
1,560.00
BRANHAM, TRISTAN
1,670.00
BRAY, KATIE
1,655.00
BREED, YVETTE LATRICE
1,605.00
BROOKS, ERIC
4,340.00
BROOKS, VICTORIA
1,460.00
BROSNAHAN BRUCE E
2,237.83
BROUSSARD HARRY JR
1,410.00
BROWN, ANGELITA
1,655.00
BROWN, FREDERICK JOSEPH
1,575.00
BROWN, MARY
165.00
BROWN, MARY
865.00
BUCKLEY BEULAH ESTATE
1,020.00
BUCKLEY DARLINEJRACHEL B
1,003.80
BURKE, GARY
1,015.00
BURROWS MILLARD C J R ET
1,201.16
BURTON WALTER
1,224.06
CALHOUN, VIRGINIA MARIE
1,015.00
CAMPBELL, ANTHONY
1,629.64
CAMPBELL, JONNIE
1,910.00
CAMPBELL, MICHAEL
1,336.32
CANE, MIRANDA
1,570.00
CARL, CARRIE
1,640.00
CAROL STEPHENS (TRUST AC
1,392.00
CARTER VERLINE (DECEASED
1,930.00
CASSIMERE, ISIAH
6,763.14
CASTRO, ROSA
3,325.00
CAUDLE W T
2,580.00
CEASER, KEISHA
1,730.00
CHADWICK, SCOTT
1,640.00
CHAMPAGNE, JASON
1,575.00
CHAVEZ, RICARDO
1,560.00
CHISOM, KEYVONA RASHELL
1,530.00
CHOPANE, IVORY MICHELLE
2,505.00
CLARK, LACREE DEANNE
3,915.00
COCO CONCETTA MRS
2,049.25
COLA PETER EST
1,505.00
COLE, DELLA (DECEASED) -
1,075.00
COLEMAN, AUGUST
1,665.00
COLLIER, TRACY
3,240.00
COLLINS, [MAN
1,585.00
COLLINS, NATHAN
1,625.00
COON, AMIE
1,655.00
COURTS, HAROLD WARREN
1,480.00
COXEFF BESSIE
1,300.00
CRAVENS, PATRICK A
2,934.50
CRAWFORD, ELIZABETH
1,625.00
CRITTLE BARBARA
1,029.60
CROSLAND, EUGENE L (DEC
1,596.25
CSB CONSTRUCTION
1,626.25
DAVENPORT, LATOISHA ROCHEL
1,680.00
DAVIS RICHARD LEE
1,183.75
DAVIS, BETTY
1,146.43
DAVIS, HELEN (DECEASED)
1,190.12
DAVIS, JAMES EVERETTE
3,090.00
DAVIS, MARY
1,640.00
DEAL, SHON KEITH
1,015.00
DEBINE, TERRY
1,770.00
DENVER, MARIA
1,545.00
DEYOUNG JOHN
3,053.75
DICKSON INVESTMENT CO
1,184.60
DICKSON, JAMES MONROE
1,182.80
DICKSON, LEONARD
1,625.00
DOE, JOHN
1,673.00
DONALD, SCHLONDA CHANEL
1,549.20
DORN, STEVEN DALE
2,400.00
DOUGLAS, STEPHANIE
1,795.00
DRAPER, GINA RENEE
1,595.00
DREW, TIMOTHY
1,655.00
DUNN, DAVID
1,540.00
DUPLECHAIN IRENE
3,482.44
EAST, GUY WILBURN
1,297.47
EGLAND, GENEVA
1,342.50
ELLIOTT, CEDRIC
1,680.00
ELLSWORTH, CARLETON
2,320.00
ELSWICK MARSHAL
1,100.75
ERVIN, PAMELA
1,715.00
ETHRIDGE, STANLEY
3,980.00
EVANS, CHRIS
1,015.00
FARQUHAR, BOBBY
3,215.00
FAULKER, YOLANDA
1,775.00
FIELDS, JOHN E
2,435.75
FLANAGAN, RILLA MAE M
1,025.00
FONTENOT, MARION (ESTATE
1,250.00
FRANKLIN, CATHY JO
2,490.00
FRANSAW, JOSE REYMONT
1,625.00
FREEMAN, CHARLES
11685.00
FRIDAY, BRIAN
1,685.00
GALLIER ESTELLE A
1,334.25
GARDNER, DENEKA
1,610.00
GARNER LUTHER
1,006.68
GARNER, ASHLEY NICHOLE
8,290.00
GARRETT, SHAWN DALE
1,625.00
GAYLES SYBIL
1,475.05
GIF ET AL
11048.50
GILES DOLORES
1,648.03
GILFORD DAISEY
2,597.50
GLOSKEY, ANTHONY LEWIS
1,595.00
GOODSPEED, JAIME
1,685.00
GOUTHIA, LARRY
1,736.75
GRANGER, GREGORY
1,670.00
GRANT, LONNIE JAMES
1,310.00
GRASTY, TIMOTHY SHANE
1,015.00
GREEN, GLENN DALE
1,015.00
GREEN, ZENOBIA
1,640.00
GRIFFIN SEAN CLAUD
1,272.00
GUIDRY WILLIE MAE
1,109.50
GUILLORY, BERNADETTE
1,346.98
GUILLORY, EARL
1,515.00
GUILLORY, KDRON
1,710.00
HADNOT, PHEOBE YVETT£
1,248.25
HAMILTON MILDRED L
1,391.25
HAMPTON, MORALE
3,685.00
HAN DY J R
1,465.00
HANKS, GINGER DIANE
1,605.00
HARDING, CYNTHIA
1,645.00
HARMON, BYRON
2,385.00
HARPER, KENDRA
1,605.00
HARRIS, LEQUINCEY
1,670.00
HARRISON JOSEPHINE
1,225.50
HARVEST FOR LOST SOULS
1,668.50
HAWKI NS, MICH EAL ANDRE
1,685.00
HAWTHORNE, JAMES
5,725.00
HAYNES ALFRED L
1,052.10
HAYNES ALFRED L & TAMARA
1,547.04
HEBERT ESTATE, USAN
1,062.50
HEFNER, DORTHIA
1,685.00
HIGDON, TIMOTHY
1,575.00
HILL, WILLIE LEE
2,320.00
HINES, DERRICK
1,150.00
HOBBS, DONALD
4,840.00
HOLMES EARNEST L ESTA
1,448.47
HOLMES JOHNNY % GENE CAR
1,034.80
HORDE, EVELYN ESTATE
1,174.50
HOYLE, EI LEEN
1,060.00
HUBBARD, ROSA NELL
1,480.00
HUNTER'S CAR CARE
22,500.00
HUNTER, EVELYN
1,015.00
HYATT, JAMIE
1,595.00
INLAND ENVIRONMENTS LTD.
1,725.08
JABEZ CUSTOM DEV & CONST
1,530.75
JACKSON FRANKIE D
1,686.88
JACOBS, ALEXANDRIA
1,595.00
JAMES, JERMAINE
1,000.00
JENKINS, JASON
2,445.00
JOHNSON, JOSEPH DANIEL
3,205.00
JOHNSON, LARRY
165.00
JOHNSON, LARRY
805.00
JOHNSON, LARRY
910.00
JOHNSON, MATTIE PATSY
2,455.00
JOHNSON, SHIRLEY MARIE
1,640.00
JOHNSON, TROVESSAH
1,580.00
JOHNSON, WANDA
1,685.00
JONES BARBARA T & CONNIE
1,446.25
JONES, ROBERT T
2,252.75
JOSEPH, BEVERLY &
1,304.00
JULIUS, BEULAH SCOTT
1,841.70
JULIUS, LOLA
11560.00
KELLEY, ODIS LEE
1,610.00
KESTER, MARGARET
2,285.00
KILPATRICK, R MRS (ESTA
1,198.75
KNIGHT DUPLECHAIN, LACIE
1,775.00
KNIGHTON BESSIE MARIE
2,634.13
LAFLEUR, BEVERLY A & EVE
1,051.25
LAMBDA ETA CHAPTER OF
1,679.38
LANDRY ESTATE, L C
1,339.00
LANE, BRUCE HENRY
2,490.00
LASTICE, RONALD GLENN
4,120.00
LEBLANC, MICHAEL
770.00
LEBLANC, MICHAEL
820.00
LEWIS JAMES R &/OR SHIRL
1,198.75
LEWIS, BARBARA JEAN (EST
1,172.50
LEWIS, DON
790.00
LEWIS, DON
850.00
LEWIS, LEKEISHA
755.00
LEWIS, LEKEISHA
835.00
LINCOLN JOHN
1,452.70
LITTLE VELMA B
11060.00
LIVING, BRITNEY
2,635.00
LOFTON, ELTON
11015.00
LOMAX, ALBERT
1,745.00
LONDON OZIE
1,321.75
LONG KEVIN R ESTATE
2,131.25
LONG, KEVIN RICHARD ESTA
61472.86
LOUIS JUNE PALL ESTATE
1,067.10
MAGEE KENNETH ALLEN &
1,299.90
MANLEY, MACON
1,625.00
MARK HARDIN MINISTRY INC
2,403.68
MARSAW, CARLA
2,155.70
MARTIN THOMAS JOSEPH DEC
1,440.00
MARTIN, HELEN DARLENE
1,610.00
MATTHEWS, FORREST
1,015.00
MAYFIELD AUGUSTUS
1,015.20
MCBRIDE, REGGIE
1,850.00
MCDONALD, MEREDITH
1,590.00
META, JOHNNY
1,610.00
MICKENS, RAVEN
1,655.00
MILLER ERNEST & MAZIE ES
1,048.36
MITCHELL, SHEKEITHIA
1,605.00
MIZELL, NORMAN
11595.00
MONTGOMERY, THERESA
1,670.00
MONTOU, FALISHA MARIE
2,365.00
MORRIS, TERRY LYNN
1,625.00
MOSBY RICHARD
1,633.75
MOUTON, ERNETREIA
3,920.00
MOUTON, JAIMIE
1,595.00
MURCHISON, LATASHA DANIELLE
4,060.00
NECHES LODGE NO 593 BPOE
1,962.00
NEVILS, CODY DION
1,820.00
NGUYEN JEAN IE T
1,510.25
NICHOLAS, ANGELA
2,550.00
NORMAND, ADRIEN RENEE
1,745.00
O'BRIEN, IRENE (DECEASED
1,505.00
OFFARD, CLAUDE
1,176.70
OWENS, LILLIE MAE
1,260.80
PALMER GWENDOLYN ANN
2,168.40
PARKER, MALCOLM & LA VEL
1,198.75
PARSONS JAMES A ESTATE
1,268.70
PATTEN, JASMINE
1,590.00
PATTERSON, ABE (DECEASED
2,066.25
PAYNE, CATRINA
1,605.00
PETE, SERINA MAE
2,490.00
PHAM, TRUNG
2,480.00
PHILLIP LILLIAN BROWN ES
1,136.00
POLIDORE, HERBERT
6,440.00
PORTIES, FRANCE (ESTATE)
1,112.50
PRICE, ANDREA
1,495.00
R & B HOMES LLC
3,087.80
RANDALL, ERICA DEMEAN
1,700.00
RANDOLPH, KENNETH
1,605.00
REDEAUX JOHN (DECEASED)
122.98
REDEAUX JOHN JR (DECEASE
783.28
REDEAUX, JOHN (DECEASED)
1,224.37
REDMON, ANTHONY
1,640.00
REYNOLDS, LINDA
1,670.00
RHINE, MAURICE
3,170.00
RICHARD CHARLES
3,191.06
RICHARD THERESA K
1,178.75
RILEY ULISHIOUS ESTATE
1,017.00
ROBBINS, NATASHA
1,920.00
ROBINSON, A C
1,022.87
ROBINSON, ANDREA DENISE
1,700.00
ROBINSON, ANTHONY RAY
1,670.00
ROBINSON, CASSIE
2,505.00
ROGERS, MELVIN
1,150.00
ROGERS, THOMAS
1,396.25
ROSENSTEEL, RAY
1,680.00
RUIZ, JOSE
3,022.25
SALAZAR, ARTURO
1,575.00
SALTON, JEROME
1,700.00
SAM, PATRICIA
4,790.00
SAM, SHAWNDELLA
1,955.00
SAMES, WILLIAM
1,640.00
SAMMEL, REGINALD
1,635.00
SANCHEZ, JOSE
165.00
SANCHEZ, JOSE
850.00
SANDERS DELMAR F ESTATE
1,520.75
SAUNDERS ROBERT
1,466.30
SAURAGE, SUSAN
2,760.00
SCOTT, ARKEIJAH
5,440.00
SCOTT, BRANDYJOYCE
2,520.00
SEALE ED
2,837.35
SHARROD, ROBERT LEE
1,610.00
SIAS, IRENE
1,045.00
SIAS, TYRIUS
1,292.84
SIEMENS JOSEPH
1,048.00
SIGGERS, CHARLES
1,150.00
SIMMONS JAMES
2,786.95
SIMMONS, SAMANTHA
1,670.00
SIMON, EBONY
1,030.00
SLATEN, LINDSEY
1,560.00
SMALL, DAVID
2,015.00
SMITH, ARTIS
1,690.00
SMITH, EDDIE W (ESTATE)
1,045.50
SMITH, JESSICA ANN
1,655.00
SMITH, LESTI NA
3,215.00
SMITH, NIKYRA
5,160.00
SMITH, RICHARD
1,700.00
SONNIER, ANTONIETTE ROS
1,600.00
SONNIER, DIANA
1,555.00
SPEARS, LONNIE C
1,401.91
SPENCER, JEREMY PIERRE
1,835.00
SPIKES OLIVIA
1,840.45
STAFFORD, CONNIE
1,625.00
STATEWIDE CONSOLIDATED
5,997.31
STEWARD, CHRISTOPHER
1,180.00
STONE, DERREK
1,030.00
STYLISH TRADITIONAL BUIL
1,438.50
SULTANA, SURRYA
1,715.00
SWARTOUT, MANDY
1,655.00
TALLEY, ALLEN
6,135.00
TATUM MYRTLE LAVERGNE
1,868.00
TAYLOR, ORISJR
1,707.45
TAYLOR, TWARNLYNNE
1,640.00
TERRELL LAVERT BLANCH ETT
3,585.00
THOMAS JOHN J
1,172.00
THOMAS, COLBY
1,625.00
THOMAS, LAWRENCE
160.00
THOMAS, LAWRENCE
865.00
THOMAS, MICHAEL LYNN
5,270.85
TRAYLOR, KHEA
1,680.00 -
TRINIDAD-TX LLC
1,487.50
TURNER, TINA
1,075.38
TYLER, JAMES BRADLEY
2,315.00
VALLERY, DERRIL
1,640.00
VALLERY, FELICIA MARIE
1,000.00
VANHUIS, JEREMY
2,360.00
VEAZI, MAXINE HARRISON
1,510.00
VICTORIA, KRYSTAL
1,560.00
VILLALOBOS, TOMAS (DECEA
2,314.37
WALKER, MONIQUE CASEY
4,780.00
WARD, DOLORES
1,060.00
WARREN SHIRLEY
2,046.34
WASHINGTON TRAVOY L H
1,192.50
WASHINGTON, KEVIN SCOTT
1,665.00
WASHINGTON, SARAH
1,452.80
WATSON, MARGIE ANN
1,495.00
WATTS ROSS DECEASED
1,025.00
WATTS, KELLY
1,620.00
WEAVER ENTERPRISES
5,913.00
WELLS, STEPHANIE NICOL
1,595.00
WENNSTROM FRANCES ET AL
1,575.20
WESTBROOK, DONALD
1,700.00
WESTON, SUZANNA
1,575.00
WHITEHEAD, MICHAEL RAE
1,595.00
WILDE-THOMPSON, DONNA
1,595.00
WILEY, RONALD LEE
2,535.00
WILKIE, JAMES
1,595.00
WILLIAMS BOBBY III ETAL
1,135.00
WILLIAMS NOLAN/ROSIE LEE
1,254.25
WILLIAMS, BRITTANY
6,330.00
WILLIAMS, CHARLIE ESTATE
WILLIAMS, EARL
WILLIAMS, EARL
WILLIAMS, GEORGE (DECEAS
WILLIAMS, LARRY
WILLIAMS, LULA (DECEASED
WILLIAMS, VALENTE
WILLS, MARK
WILSON L C ET UX
WILSON, L C
WILSON, MARCUS MARTEL
WILSON, NICOLE
WILSON, TIMOTHY
WYATT, BOBBY
YARBROUGH, TRISTINA RENA
YOUNG, GINA M
YOUNG, STEVEN
1,022.40
820.00
865.00
1,510.00
1,685.00
1,190.00
1,700.00
2,505.00
1,473.50
1,139.49
1,000.00
2,080.57
6,710.00
1,800.00
1,030.00
1,002.00
1,775.00
748,927.16
LN
September 15, 2015
Consider granting a new solid waste transportation service agreement with Piney Woods Sanitation
Inc.
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 15, 2015
REQUESTED ACTION: Council consider granting a new solid waste transportation service
agreement
BACKGROUND
According to City Ordinance 22.05.101, no person shall engage in the business of collecting,
hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a
franchise from the City. Seven (7) entities currently have nonexclusive franchise agreements with
the City and are doing business in this area. Piney Woods Sanitation Inc. has requested that the
City Council grant the company such franchise agreement. Piney Woods Sanitation serves
southeast Texas with its corporate office located at 517 Hwy 69 North in Huntington, Texas.
The requested franchise is generally the same as those previously approved by City Council. It
provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of
gross revenues received for service. It also requires the entity to indemnify the City of Beaumont
and provide insurance which names the City of Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate Council
meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not
take effect until sixty (60) days after its adoption on the third and final reading. After passage, the
ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation
in the city. All publication costs are paid by the franchisee. Attached is a copy of the franchise
agreement for your review.
This is the second reading. The first reading was on August 25, 2015.
FUNDING SOURCE
A franchise fee of seven percent (7%) of gross receipts will be paid to the City.
RECOMMENDATION
Approval of resolution.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR
SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES TO PINEY WOODS SANITATION, INC.
WHEREAS, Piney Woods Sanitation, Inc. (the "Company") has requested a
franchise to operate a solid waste collection and transportation service within the City of
Beaumont, Texas (the "City"); and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and
Section 1.
Grant of Authority
There is hereby granted by the City the right and privilege to operate and
maintain within the City a solid waste collection and transportation service (the
"service"). For purposes of this franchise, the term "solid waste collection and
transportation service" shall mean the regular business of collection, hauling or
transporting any garbage, rubbish, waste or refuse from locations in the City, and the
disposal of such material in accordance with law. The franchise granted herein is
nonexclusive, and franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after the
final passage hereof as required by law and upon the filing by the Company of an
acceptance with the City Clerk, and shall continue in force and effect until one (1) year
thereafter. The acceptance required hereunder must be in writing and filed with the City
Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term
hereof, this franchise shall continue on a month-to-month basis until terminated by
either party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer
class based upon such criteria as type of waste, container size, frequency of collection,
and distance of travel. The Company shall file its initial rates for service with its
acceptance as required herein. Such rates shall, unless modified by the City, be
effective with the effective date of this franchise. Any modifications in rates by the
Company shall first be filed with the City Clerk and City Attorney and shall be effective
thirty (30) days after such filing unless modified by City as provided herein. Nothing
herein shall prevent the Company from charging uniform rates which are less than the
rates filed with the City. The City shall have the right to establish rates charged by
Company for services performed hereunder, after notice and hearing. Rates
established by the City shall be sufficient to allow the Company an opportunity to earn a
reasonable return on its invested capital used in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for
service in the previous month as payment for the use of the City's streets, alleys and
rights-of-way. The payments herein provided do not relieve Company from the payment
of ad valorem taxes, special assessments, charges, or other fees applicable to the
public generally. City shall have the right, at any reasonable time, to audit the books
and records of the Company and the Company is hereby required to make such books
and records available at the request of City. Upon written acceptance, the Company
shall furnish to the City a listing of customers served, including customer name,
address, frequency of pick-up, size of container or type of service and charge for same.
The following reports shall be filed monthly with the City Manager or his designee along
with the street rental payment required herein:
Upon written request and within thirty (30) days of receipt, the
Company shall furnish to the City adequate reconciliation of
reported revenues which would include: a listing of names and
addresses of all customers served, frequency of pick-up, size of
container or type of service and charge for same, and date
service was initiated and discontinued.
Section 5.
Indemnity, Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry liability
insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member
of the public against any and all injuries, damages, claims, causes of action or loss of
a
compensation arising or resulting from Company's operations under this franchise,
whether or not such loss was caused by the negligence of the City, its agents, servants
or employees. Upon notice given Company by City, Company must defend at its own
expense, any action or suit brought against the City because of any work or other acts
r ,
done by the Company under the terms of this franchise. Counsel chosen by Company
to defend City must be satisfactory to City. Company will pay any final judgment which
might be obtained against City by reason of any work or acts done hereunder by
Company, its agents, servants or employees, and Company will pay all damages
occurring to any person or property, public or private, resulting from any fault or neglect
on its part or on the part of its agents or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of
insurance indicating workers' compensation coverage as
required by the State of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its
operation with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury and, in
addition, not less than One Hundred Thousand Dollars
($100,000.00) property damage. This policy shall include
City as an additional named insured and provide for thirty
(30) days notice to City prior to cancellation. A certificate of
insurance certifying such coverage shall be filed with the City
Clerk before the effective date of this franchise, and it shall
be maintained in force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive
liability insurance policy including contractual coverage for
operations other than automobile with limits of not less than
Five Hundred Thousand Dollars ($500,000.00) per
occurrence for bodily injury, and One Hundred Thousand
Dollars ($100,00.00) per occurrence for property damage.
The policy shall name the City as named insured and
provide for thirty (30) days notice to City prior to cancellation.
A certificate of insurance certifying such coverage shall be
filed with the City Clerk before the effective date of this
franchise and maintained in force during the term of the
franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all
lawful exercise of police power by the City and to such reasonable regulations .as the
City shall hereafter by ordinance provide. In addition, the Company will observe all city,
county, state, and federal laws regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in
good order to render efficient service subject to the terms of this franchise. All vehicles,
containers, and equipment used for the collection and transportation of solid waste shall
be constructed, operated and maintained to prevent loss of liquid or solid waste material
and to minimize health and safety hazards to solid waste management personnel and
the public. Such vehicles, containers, and equipment used shall be maintained in a
clean, sanitary condition and free from odors at all times. All vehicles and equipment
shall comply with federal, state, and local regulations. Collection vehicles and all bulk,
commercial, and roll -off type containers shall be painted and numbered and shall have
the Company's name and telephone number painted in letters of a contrasting color.
Such containers may not be placed on any street or right-of-way within the City. All
collections shall be made directly from the premises of the customer and any emptied
containers returned directly to such premises.
Section 8.
Providinq Services
The Company shall provide service to any person, firm, corporation, association
or entity inside the City of Beaumont who requests such service and is not delinquent in
the payment of collection charges due the Company.
Section 9.
(1fFirc
The Company shall establish and maintain an office with telephone service and
shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day
except Saturday, Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-
eight (48) hours, the City shall have the right to make temporary independent
arrangements for the purposes of continuing this necessary service to its residents in
order to provide or protect the public health and safety. If the interruption in service
mentioned herein continues for a period of seventy-two (72) hours, then the City shall
have the right to terminate the rights and privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the
City may serve written notice upon the Company of its intention to terminate this
franchise. The notice shall contain the reasons for such intention to terminate the
franchise. Unless within ten (10) days after mailing such notice by City to the Company,
such violation shall cease, or satisfactorily arrangements for correction be made by
Company, the City Council may, after a public hearing in which Company is provided an
opportunity to present evidence concerning such violation, declare the franchise
terminated and serve written notice upon the Company of the termination and the
termination of the franchise shall be effective upon the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without
the approval of City. A single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval. of
City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient
to notify Company when provided by certified mail to:
Piney Woods Sanitation, Inc.
517 Hwy 69
Huntington, TX75949-8893
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance; other
than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not
affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid
for any reason, the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall
furnish to the City a list of all vehicles to be providing solid waste collection and disposal
service under this franchise. Such list shall include state license number, year, make,
model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid
City of Beaumont landfill permit will not be allowed to operate under this agreement nor
utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to
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be in noncompliance with Section 7 of this franchise, the Company will be notified of its
violation and said equipment or vehicle shall be removed from service upon receipt of
written notification.
Failure to comply with this provision or to falsify the information concerning the
location of the service of the vehicle shall be a material breach of this franchise. Should
City decide not to terminate this franchise because of any violation of this Section,
Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles
for a period of sixty (60) days.
PASSED BY THE CITY COUNCIL, of the City of Beaumont on first reading this
the 25th day of August, 2015.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading
this the 15th day of September, 2015.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this
the
day of , 2015.
-Mayor Becky Ames -
ACCEPTANCE:
Piney Woods Sanitation, Inc.
(Company Owner/Representative)