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PACKET DEC 08 2015BEAUMONT T E X A S JLAR MEETING OF THE CITY COUNCIL S DECEMBER 8, 2015 130 P.M. CONSENT AGENDA Approval of minutes — November 17, 2015 Confirmation of committee appointments The following citizens would be appointed to the Animal Health Advisory Committee. The terms would commence December 8, 2015 and expire September 30, 2017. (Mayor Becky Ames) City Veterinarian Dr. John Falgout City Health Director Sherry Ulmer City Animal Control Supervisor Matthew Fortenberry Humane Society Representative Cindy Meyers City Police Department Representative Jim Clay Resident at Large Ann Reynolds Resident at Large Debbie Rogers Resident at Large Amy Hymel The following citizens would be appointed to the Community Development Advisory Committee. The terms would commence December 8, 2015 and expire September 30, 2017. Citizen Norma Sampson Raymond Ambres Rose Blount David Mulcahy Pat Anderson Tom LeTourneau Coquese Williams Dora Nisby Deloris Comeaux Guidry Kevin Roy Eldon Steward Lynn DeCordova Connie Berry Charles Taylor Georgine Guillory Shederick Evans Lee Smith Appointed By Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Gethrel Williams -Wright Councilmember Gethrel Williams -Wright Councilmember Gethrel Williams -Wright Councilmember Claude Guidroz Councilmember Claude Guidroz Councilmember Mike Getz Councilmember Mike Getz Councilmember Audwin M. Samuel Councilmember Robin Mouton Councilmember Robin Mouton Councilmember Robin Mouton The following citizens would be appointed to the Convention and Tourism Advisory Board. The terms would commence December 8, 2015 and expire September 30, 2017. Citizen Frank Messina Ann Rothkamm Ava Graves Albert Elder Jake Tortorice Allen Perkins Vertress C. Slack Valerie Linton Richard James Ryan Smith Arthur E. Berry George Crawford Molly J. Dahm. PhD Connie Patterson Joann Broussard Ex -officio Mel Wright Ex -officio Rocky Chase Ex -officio Dr. Richard Leblanc Appointed By Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Gethrel Williams -Wright Councilmember Gethrel Williams -Wright Councilmember Claude Guidroz Councilmember Claude Guidroz Councilmember Mike Getz Councilmember Mike Getz Councilmember Audwin M. Samuel Councilmember Robin Mouton Councilmember Robin Mouton Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames The following citizens would be appointed to the Library Commission. The terms would commence December 8, 2015 and expire September 30, 2017. Citizen Martha Hicks Laura Williams -Mason Mercy Cook Dora Nisby Donna Forgas Belinda Taylor Larue Smith Linda Cooper Christina Howard Appointed By Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember Gethrel Williams -Wright Councilmember Claude Guidroz Councilmember Mike Getz Councilmember Audwin M. Samuel Councilmember Robin Mouton Councilmember Mike Getz Councilmember W.L. Pate, Jr. The following citizens would be appointed to the Parks and Recreation Advisory Committee. The terms would commence December 8, 2015 and expire September 30, 2017. Citizen Appointed By Myra Clay Mayor Becky Ames Barbara White Mayor Becky Ames Steve McGrade Councilmember W.L. Pate, Jr. Sherrene Cook Councilmember W.L. Pate, Jr. Gwen Ambres Councilmember Gethrel Williams -Wright MacArthur English Councilmember Gethrel Williams -Wright Citizen Travis Hefley Charles E. Heare Emily Coxe Clarke Baker Benny Mendoza Talsha Davis Carl Briggs Joseph Brown Appointed By Councilmember Claude Guidroz Councilmember Claude Guidroz Councilmember Mike Getz Councilmember Mike Getz Councilmember Audwin M. Samuel Councilmember Audwin M. Samuel Councilmember Robin Mouton Councilmember Robin Mouton The following citizens would be appointed to the Planning and Zoning Commission. The terms would commence December 8, 2015 and expire September 30, 2017. Citizen Lynda Kay Makin Marty Craig Ava Graves Lauren Williams -Mason Sina Nejad Labonna Spikes Joris P. Colbert Eddie Senigaur Bill Little Appointed By Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember Gethrel Williams -Wright Councilmember Claude Guidroz Councilmember Mike Getz Councilmember Audwin M. Samuel Councilmember Robin Mouton Mayor Becky Ames Mayor Becky Ames The following citizens would be appointed to the Police Department Community Advisory Committee. The terms would commence December 8, 2015 and expire September 30, 2017. Citizen Pastor Dwight Benoit Sandra Womack Jesus Abrego Roy Steinhagen Jon Reaud John P. Stafford Alma Hodge Glen Johnson Gene Bush Karl Duerr Douglas Rathgeber Irmalyn Thomas William Wilson Rev. Vernon Tubbs Rev_ David Robinson Appointed By Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Gethrel Williams -Wright Councilmember Gethrel Williams -Wright Councilmember Claude Guidroz Councilmember Claude Guidroz Councilmember Mike Getz Councilmember Mike Getz Councilmember Audwin M. Samuel Councilmember Audwin M. Samuel Councilmember Robin Mouton Councilmember Robin Mouton A) Authorize the City Manager to execute an Industrial District Contract with OCI Beaumont, LLC B) Authorize the City Manager to execute an Industrial District Contract with Air Liquide Large Industries U.S., LP C) Approve the award of a contract to Reeder Distributors, Inc., of Fort Worth for purchase and installation of one heavy duty hydraulic lift set and accessories for use by the Fleet Management Division D) Authorize the City Manager to accept maintenance and authorize final payment to Allco Inc., for the Tennis Clubhouse E) Authorize the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant F) Approve the execution of an Air Monitoring Site Agreement with the Texas Commission on Environmental Quality (TCEQ) G) Authorize the City Manager to enter into an agreement with Discovery Benefits, Inc., for Flexible Spending Accounts administration H) Authorize the City Manager to execute all documents necessary for an agreement between the City of Beaumont and Beaumont Family Practice Associates I) Authorize the City Manager to sign a Memorandum of Understanding with the Area Agency on Aging related to the 2-1-1 Area Information Center J) Authorize the City Manager to execute all documents necessary, specifically a Memorandum of Understanding, between the Office of the Attorney General of Texas and the Police Department K) Approve a resolution casting the City's four hundred and forty seven (447) votes for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District L) Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at 4235 Eastex Freeway M) Authorize Ambu-Care Trans, LLC, DBA Ambu-Care Trans to operate an ambulance transport service in the city limits of Beaumont RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made to the Animal Health Advisory Committee. The term would commence December 8, 2015 and expire September 30, 2017. ; and, City Veterinarian Dr. John Falgout City Health Director Sherry Ulmer City Animal Control Supervisor Matthew Fortenberry Humane Society Representative Cindy Meyers City Police Department Representative Jim Clay Resident at Large Ann Reynolds Resident at Large Debbie Rogers Resident at Large Amy Hymel BE IT FURTHER RESOLVED THAT the following appointments be made to the Community Development Advisory Committee. The term would commence December 8, 2015 and expire September 30, 2017. and, Norma Sampson Raymond Ambres Rose Blount David Mulcahy Pat Anderson Tom LeTourneau Coquese Williams Dora Nisby Deloris Comeaux Guidry Kevin Roy Eldon Steward Lynn DeCordova Connie Berry Charles Taylor Georgine Guillory Shederick Evans Lee Smith BE IT ALSO RESOLVED THAT the following appointments be made to the Convention and Tourism Advisory Board. The term would commence December 8, 2015 and expire September 30, 2017. ; and, Frank Messina Ann Rothkamm Ava Graves Albert Elder Jake Tortorice Allen Perkins Vertress C. Slack Valerie Linton Richard James Ryan Smith Arthur E. Berry George Crawford Molly J. Dahm. PhD Connie Patterson Joann Broussard Ex -officio Mel Wright Ex -officio Rocky Chase Ex -officio Dr. Richard Leblanc BE IT ALSO RESOLVED THAT the following appointments be made to the Library Commission. The term would commence December 8, 2015 and expire September 30, 2017. ; and, Martha Hicks Belinda Taylor Laura Williams -Mason Larue Smith Mercy Cook Linda Cooper Dora Nisby Christina Howard Donna Forgas BE IT ALSO RESOLVED THAT the following appointments be made to the Parks and Recreation Advisory Committee. The term would commence December 8, 2015 and expire September 30, 2017. ; and, Myra Clay Barbara White Steve McGrade Sherrene Cook Gwen Ambres MacArthur English Travis Hefley Charles E. Heare Emily Coxe Clarke Baker Benny Mendoza Talsha Davis Carl Briggs Joseph Brown BE IT ALSO RESOLVED THAT the following appointments be made to the Planning and Zoning Commission. The term would commence December 8, 2015 and expire September 30, 2017. ; and, Lynda Kay Makin Labonna Spikes Marty Craig Joris P. Colbert Ava Graves Eddie Senigaur Lauren Williams -Mason Bill Little Sina Nejad BE IT ALSO RESOLVED THAT the following appointments be made to the Police Department Community Advisory Committee. The term would commence December 8, 2015 and expire September 30, 2017. Pastor Dwight Benoit Sandra Womack Jesus Abrego Roy Steinhagen Jon Reaud John P. Stafford Alma Hodge Glen Johnson Gene Bush Karl Duerr Douglas Rathgeber Irmalyn Thomas William Wilson Rev. Vernon Tubbs Rev. David Robinson PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - BEAUMONT TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: I:1-TOCCol III 11 City Council Kyle Hayes, City Manager i Laura Clark, Chief Financial Officer December 8, 2015 Council consider authorizing the City Manager to execute an Industrial District Contract with OCI Beaumont, LLC. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The City currently has a contract with OCI Beaumont, LLC (formerly Pandora Methanol) that will expire December 31, 2015. The new contract will be effective January 1, 2016. OCI Beaumont is the sister company of Natgasoline LLC, both being owned by OCI N.V. Natgasoline is constructing a new methanol plant. In conjunction with that project, OCI Beaumont has an ongoing project that began under the existing agreement and includes increasing capacity to produce methanol and ammonia, as well as a new flaring system, and equipment to curb emissions, energy consumption and waste water. All new construction related to this project will be abated at 100% through 2024, which is the same term in the City's agreement with Natgasoline. The existing property will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2016 through 2019 and 75% of property taxes due to the City in 2020 through 2024. The 2016 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2015 or $0.69 per $100 of assessed valuation. Payments will be due to the City by February 1" of each year. A copy of the agreement is attached for your review. FUNDING SOURCE The estimated FY 2016 payment is $745,000. 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 an Industrial District Agreement with OCI Beaumont, LLC. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of § 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "City," and OCI Beaumont, LLC, a Texas Limited Liability Corporation, hereinafter called "Company." PREAMBLE WHEREAS, City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of City, such industrial district being known as City of Beaumont Industrial District (the "District") WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or leases land and improvements which are part of the manufacturing and industrial facilities of Company and/or its Affiliates located within District, such land and improvements being more particularly described in Exhibit "A" attached hereto (the "Property") WHEREAS, Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate Page 1 EXHIBIT "A" with the burdens placed upon City and benefits derived by Company by reason of being located immediately adjacent to City. WHEREAS, Company and City desire to base the industrial district payment on assessed value to ensure equity among the companies. WHEREAS, City desires to encourage the addition of new improvements to the Company's property located within the City of Beaumont Industrial District; In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE I COMPANY'S OBLIGATION 1. Company has committed to constructing additional improvements to existing facilities, including increased capacity to produce methanol and ammonia as well as a new flaring system, and equipment to curb emissions, energy consumption and waste water. This project is related to the construction of a new methanol plant by Natgasoline LLC, the sister company of OCI Beaumont LLC. Such new construction and improvements will be abated at 100% through 2024. 2. The abatement does not include the value of the existing property described in Exhibit "A." The Company shall be responsible for the payment of ad valorem taxes based upon the existing value of the property and improvements currently existing in Exhibit "A" as determined by the Jefferson County Appraisal District. The Company shall notify City in writing at least thirty (30) days prior to the date construction is scheduled to commence. Page 2 2. Company will make an annual payment to City on or before February 1" of each such year computed based on 100% of the Assessed Value of the Company's facilities and property, real, personal, and mixed, located on Company's land covered by this Agreement (herein "the property") as provided herein (the "Annual Payment") . Upon expiration of the abatement period, the Annual Payment shall include all property covered by this Agreement. 3. "Assessed Value" means the 100% valuation of existing company property as determined by the Jefferson County Appraisal District for the previous tax year. 4. "Assumed City Taxes Due" means the number obtained by the following formula: Assessed Value Less Improvement Value Subject to Abatement / 100 x Current City Tax Rate = Assumed City Tax Due 5. If the assessed values are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. Page 3 6. (a) As to the property that was the subject of and described in the agreement between City and Pandora Methanol dated December 15, 2011, incorporated herein as Exhibit A, payments shall be: For years 2016 through 2019, the payment shall equal 80% of the Assumed City Taxes Due. For years 2020 through 2024, the payment shall equal 75% of the Assumed City Taxes Due. (b) As to those improvements described in Paragraph 1, above, the company will receive a 100% abatement of all Assumed City Taxes Due for years 2016- 2024. City shall bill Company for payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to City had Company been in the city limits of City will be recaptured and paid to City within 60 days of any such event. Page 4 ARTIrl G II PROPERTY COVERED BY AGREEMENT This Agreement will reflect the intention of the parties hereto that this Agreement shall govern and affect the properties of Company and/or its Affiliates (facilities, real, personal, and mixed) located on the Property more particularly described in Exhibit "A", which are within the extra -territorial jurisdiction of the City of Beaumont. "Affiliates" shall mean any entity owned entirely or in part by Company. APTiri F= ni SALE BY COMPANY (a) Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. (b) Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its Page 5 obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with state law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation becomes final with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City Page 6 shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all costs of such action being borne equally by the City and by the said Company or companies with Company's portion allocated on the basis of Assessed Values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION FOR BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the Page 7 parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTIrl F \/I AH -ILIA I t5 The benefits accruing to Company under this Agreement shall also extend to Company's "parent," "affiliates" and to any properties owned or acquired by said parent and affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its parent and/or affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. The word "parent" as used herein shall mean all companies which directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over Page 8 fifty percent (50%) of the stock having the right to vote for the election of directors of Company. 2024. ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for nine (9) years, expiring December 31, NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by certified mail addressed as follows: TO CITY City of Beaumont Attn: City Manager 801 Main Street Beaumont, Texas 77704 Page 9 TO COMPANY OCI Beaumont LLC Attn: President/CEO PO Box 1647 Nederland, Texas 77627 IN WITNESS THEREOF, this Agreement, consisting of nine pages plus Exhibit "A" is executed in duplicate counterparts as of this day of , 2015. CITY OF BEAUMONT, TEXAS in ATTEST: Tina Broussard City Clerk ATTEST: Page 10 Kyle Hayes City Manager OCI BEAUMONT, LLC Frank Bakker President/CEO sa STATE OF TEXAS § 1N THE COMMISSIONERS COURT COUNTY OF JEFFERSON § OF JEFFERSON COUNTY, TEXAS AN ORDER OF THE COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS DESIGNATING A REINVESTMENT ZONE PURSUANT TO SEC 312.401 OF THE TAX CODE (THE PROPERTY REDEVELOPMENT AND TAX ABATEMENT ACT) BE IT REMEMBERED at a meeting of Commissioners Court of Jefferson County, Texas, held on the _14_!�day of •—Pece—�elZ , 2013 on motion made by__j d e. �'LN6 r a , Commissioner of Precinct No _Z_ , and seconded by a�yt 6J& vo e , Commissioner of Precinct No d , the following Order was adopted WHEREAS, the Commissioners Court of Jefferson County, Texas desires to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in the county and to provide employment to residents of the area; and, WHEREAS, the Commissioners Court did, by Order of this Court on August 15, 2011, creat( the Pandora Methanol LLC Reinvestment Zone; and WHEREAS, OCI N.V. did acquire the controlling interest in Pandora Methanol, LLC renamin OCI-Beaumont and now wishes to invest in considerable expansion of its methanol and ammonia units within the Pandora Methanol Reinvestment Zone; and WHEREAS, the Commissioners Court did, by Order of this Court on December 2, 2013, create the OCI-Firewater Reinvestment Zone, which is adjoins the Pandora Methanol LLC Reinvestment Zone; and VVHEREAS, to accommodate new investment by OCI in Jefferson County, it is in the best interest of the County to merge and designate the OCI-Firewater and Pandora Methanol LLC Reinvestment Zones property within the Beaumont, TX ETJ, as a unified reinvestment zone, pursuant to Sec. 372. 401, Tax Code (The Property Redevelopment and Tax Abatement Act) IT IS THEREFORE ORDERED BY THE COMMISSIONERS COURT OF JEFFERSON COUNTY, TEXAS Section 1. That the Commissioners Court hereby orders that the property previously designated as OCI-Firewater Reinvestment Zone and the Pandora Methanol LLC Reinvestment Zone be merged. to become the OCI Reinvestment Zone at 5470 N, Twin City Highway, Nederland, Jefferson County, TX 77627 (mailing purposes only), further described in the legal description attached hereto as Exhibit "A", and made apart hereof for all purposes, as a Reinvestment Zone (the "Zone") Section 2 That the Commissioners Court finds that the Zone area meets the qualifications of the Texas Redevelopment and Tax Abatement Act (hereinafter referred to as the "Act".) 99 Section 3. That the Commissioners Court has heretofore adopted Guidelines and Criteria for Granting Tax Abatements in Reinvestment Zones in Jefferson County, Texas. Section 4 That the Commissioners Court held a public hearing to consider this Order on the 2"d day of December, 2013. Section 5. The Commissioners Court finds that such improvements are feasible and will benefit the Zone after the expiration of the agreement Section 6. The Commissioners Court finds that creation of the Zone is likely to contribute to the retention or expansion of primary employment in the area and/or would contribute to attract major investments that would be a benefit to the property and that would contribute to the economic development of the community Section 7. That this Order shall take effect from and after its passage as the law in such cases provides. Signed this % day of ,.^ ,ss1oNERSMitt N U c0Gtljld �-t OF ttjtt �N COUN�ti"r.� tlttitiatiti~�� COMMISSIO ER EDDIE ARNOLD Precinct No. 1 COMMISSIONER BRENT A. WEAVER Precinct No. 2 -P�l.rt 2013. Z. BRANICK my Judge C M ISS ONER MICH INEGAL Precinct No. 3 COMMIS911OKER EVE TTE D. ALFRED Precinct No 4 iy"91 F&fl) Oct - fcc�47<2 iao TRACT I (Fee Simnle BEINO a 4.6344 acro tract or pareel of land situated in the Phoiain Humphry .League, Abstract No. 32, Jefferson County, Texas and being the remainder of Lots 8, 9, & 10 of the Resubdivision of the Daniel Lewis Land in the Plielam Humphry League as recorded in Volumo I, Page 44, Map Records, Jefferson County, Texas and also being all of that certain called 4,6453 acre tract of land, Identified as Tract One, as described in a "Special Warranty need" from Edward P. deZevallos and Robert Price, Jr, to Jefferson Triangle Marine, L.P. as recorded In Clerk's bile No. 98-9821354, Official Public Records of Real Property, Jefferson Cou ity, Texas, and being all of that certain caned 4.6344 acre tract, identified as TRACT ONE, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's Fite No, 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said 4.6344 acre tract being morn particularly described as follows; NOTE: All bem-ings are based on the Norlheasterly line of that certain called 4.6453 acre tract, Identified as Tract One, as described in a "Special Warranty Deed"frvin Is`cMvard P. deZevallos mid Robert Price, Jr. to Jefferson 7Wwigle Marine, L.P. as recorded In Clerk's File No, 98-9821354, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 44°20'08" EAST, BEGINNING at a 5/8" iron rod found for the most Northerly corner of the tract herein described, said corner also being the intersection of tho Northerly line of tho said Lot 8 and the Westerly right-of-way line of the Kansas City Southern Railroad (based on a width of 100 feet); THENCE SOUTH 44020'08" EAST, along and with the Westerly right-of-way lure of the Kansas City Southern Railroad, for a distance of 714.22 feet to a 5/8" iron rod found for corner, said corner being the most Northerly corner of that certain called 4,960 acre tract of land, identified as Tract Two, as described In a "Speelal Warranty Deed" from Bo -Mae Contractors, Ltd. to Camille J. Landry, Mitchell P. Landry and Regina M. Landry d/b/a Deep South Crane & Rigging Co. as recorded in Clerk's File No, 2003031413, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 45024'51" WEST, for the boundary between the tract herein described and the said 4,960 acre Deep South Crane & Rigging Co. tract, for a distance of 432.78 feet to a 1/2" Iron rod found for corner, said corner being the most Westerly corner of the said 4,960 acre Deep South Crane & Rigging Co. tract, the most Northerly corner of that certain called 0.846 acro tract of land, identified as Tract Ono, as described in a "Special Warranty Deed" from Bo -Mac Contractors, Ltd, to Camino J. Landry, Mitchell P. Landry and Regina M. Landry d/b/a beep South Crane & Rigging Co. as recorded in Clerk's File No. 2003031413, Official Public Records of Real Property, Jefferson County, Texas and also being the most Easterly corner of drat certain called 0.2153 acre tract of land as described in a "Warranty Deed" ftom MKC Energy Investments, Inc. to Camille J. Landry, Mitchell P. Landry and Regina M. Landry d/b/a Deep South Crane & Rigging Co, as recorded In Clark's File No, 2004003596, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 47055'06" WEST, for the boundary betweon the tract herein described and the said 0.2153 acre Deep South Crane & Rigging Co. tract, for a distance of 114.58 feet to a 5/8" iron rod found for corner, said corner being in the Northeasterly right-of-way line of State Highway No. 347, and said corner also being the beginning of it curve to the right having a radius of 410.58 feet and being subtended by a chord bearing NORTH 37°01'37" PAST with a chord length of 120,77 feet; THENCE NORTHEASTERLY, along and with the Northeasterly right-of-way line of State Highway No, 347 and along and with said curve, for an are length of 121.21 feet to a Texas Department of Transportation concrete monument (broken) found for corner; CommR:aeal rarTiile I"sataiKe (Foim T4) 101 THENCE NORTH 46002'51" EAST, continuing along and with the Northeasterly right-of-way line of State Highway No, 347, for a distance of 58.28 feet to a Texas Department of Transportation concrete monument found for corner; THENCE NORTH 38°11'29" WEST, continuing along and with the Northeasterly right-of-way line of State Highway No, 347, for a distance of 247.57 feet to a Texas Department of Transportation concrete monument found for corner;. THENCE SOUTH 46033'32" WEST, continuing along aril with the Northeasterly right-of-way line of State Highway No. 347, for a distance of 30,50 feet to a Texas Department of Transportation concrete monument found for corner; THENCE NORTH 38017'211" WEST, continuing along and with the Northeasterly right-of-way line of State Highway No. 347, for a distance of 339,48 feet to a 518" iron rod found for corner, said corner being in the common line between the said Lot 8 and Lot 1 of the said Resubdivision of the Daniel Lewis Land; THENCE NORTH 45°43'05" EAST, for the boundary between the said Lots 1 and 8, for a distance of 230.50 feet to the POINT OF BEGINNING and containing 4.6344 ACRES, more or less. TRACT H Wce Simple) BEING a 21,1268 acre tract or parcel of land situated 4n the Phelan Humphry League, Abstract No. 32, Jefferson County, Texas and being out of and part of that certain called 62.71 acre tract of land as described in a "Warranty Deed" by J.T. Shelby to Texas Gulf Sulphur Company as recorded in Volume 812, Page 470, Deed Record, Jefferson County, Texas and also being al[ of that certain called 21.1253 acre tract, identified as Tract Two, as described in a "Special Warranty Deed" frons Edward P. deZevallos and Robert Price, Jr, to Jefferson Triangle Marine, L,P, as recorded in Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 21.1268 acre tract, identified as TRACT TWO, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Offioial Public Records of Real Property, Jefferson County, Texas, said 21.1268 acre tract being more particularly described as follows: NOTE: All bearings are based on the Northeasterly lure of that certain called 4.6453 acre tract, identif7ed as Tract One, as described In a "Special Wmi arty Deed" frorn Edward P, deZevallos and Robert Price, Jr. to Jefferson 7l-langle Marine, L.P, as recorded In Clerk's File No. 98-9821354, Oftieial Public Records of Real Property, Jefferson County, Texas as SOUTH 44°20'48" BAST, BEGINNINo at a 518" iron rod found for the most Easterly corner of the tract herein described, said corner also being the most Northerly corner of that certain called 20,0281 acre tract of land as described In a "Special Warranty Deed" from Phillip A, Roebuck Family Partnership, LTD. to TX ENERGY, LLC as recorded in Clerk's File No. 2008003576, Official Public Records of Real Property, Jefferson County, Texas and said corner also being in the Westerly right-of-way line of the Kansas City Southern Railroad (based on a width of 100 feet); THENCE SOUTH 47005'45" WEST, for the boundary between the tract herein described and the said 20,0281 acre TX ENERGY, LLC tract, for a distance of 120393 feet to a 112" iron rod found for corner, said corner being in the Northeasterly right-of-way line of State Highway No, 347 and being the most Westerly corner of the said 20.0281 acre TX ENERGY, LLC tract and said corner also being the beginning of a curve to the right having a radius of 3685.83 feet and being subtended by a chord bearing Commiitncot for Tide Insuranco(Form T-7) 102 NORTH 35°50130" WEST with a chord length of 621.42 feet; THENCE NORTHWESTERLY, along and with the Northeasterly right-of-way Joie of State highway No. 347 arrd along and with said curve, for an arc length of 622.16 feet to a Texas Department of Transportation concrete monument found for corner, said corner also being the beginning of a curve to right having a radius of 1910.08 feet and being subtended by a chord bearing NORTH 29142'58" WEST with a chord length of 81.50 feet; THENCE NORTHWESTERLY, along and with the Northeasterly right-of-way line of State Highway No. 347 and along and with said curve with a curve, for an are length of 81.51 feet to a 1/2" iron rod found for corner, said corner being in the Southeasterly line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE NORTH 47037'34" BAST, along and with the Soutlieastorly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 583.89 feet to a 5/8" iron rod found for corner, THENCE NORTH 02027'15" EAST, continuing along and with the Southeasterly line of the said 100 foot wide Tomw Department of Transportation drainage ditch, for a distance of 532,70 feet to a 5/8" iron roti found for corner; THENCE NORTH 471)09'58" LAST, continuing along and with the Southonsterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 119.76 feet to a 5/8" iron rod found for corner, said corner also being in the Westerly right-of-way line of the said Kansas City Southern Railroad; THENCE SOUTH 44°19'05" EAST, along and with the Westerly right-of-way line of the Kansas City Southern Railroad, for a distance of 1065.14 feet to the POINT Or BEGINNING and containing 21.1268 ACRES, more or less. TRACT 111, Parcel A Mce SimW6 BEING a 5.8766 acre tract or parcel of land situated in the Phelarn Humphry League, Abstract No. 32, JeRorson County, `fexas and boing out of and a part of that certain 300 foot strip as described in Warranty Deed from J.T. Shelby to Texas Gulf Sulphur Company; recorded in Volume 1454 Page 630, Deed ReeoMs, Jefferson County, Texas, and also being all of that certain called 5.8735 acre tract of land, identified as Tract Tbree-A, as described in a "Special Warranty Deed" from Edward P, de&vallos and Robert Price, Jr. to Jefferson Triangle Marine, L.P. as recorded in Clerk's rile No. 984821354, Oficial Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 5.8766 acre tract, identified as TRACT THREE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clark's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said 5.8766 acre tract being more particularly described as follows: NOTE. All bearings are based on tite Northeasterly line of that certain called 4.6453 acre tract, identified as D -act One, as described in a "Special Warranty Deed"front Ed)vard A deZevallos cntd Robert Prlce, Jr. to Je„�erson Triangle Marine, L.P. as recorded in Clerk's file No. 98-9821354, Oficial Public Records of Real Property, Jej, j rson County, Texas as ,SOUTH44°x0'08 " 1ST. All set 5/8" iron rods set with a cap stamped "M. W. Whiteley & Associates ". Commihnonl lbr Tilla limo nneo (Conn T-7) 103 BEGINNING at a "T" rail found for the most Northerly corner of the tract herein described, said corner also being the Intersection of the Northwest boundary line of the Phelam Humphry League, A-32, Jefferson County, Texas, as said line was established by an agreed judgment in Cause No. 1219 and the Northeasterly corner of said 300 foot strip and said corner also being the most Westerly corner of that certain called 3.1638 acre tract, identified as TRACT FIVE A, as descrlbed in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 44020'52" EAST, along and with the Northeasterly line of the said 300 foot strip and for the boundary between the vaot herein described and the said 3.1638 acre TX BNERGY, LLC tract, for a distance of 444.90 feet to a 5/8" Iron rod found for corner, said corner being the most Southerly corner of the said 3.1638 acre TX ENERGY, LLC tract and in the Westerly line of a 100 foot wido Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jofferson County, Texas; THENCE SOUTH 0431'42" EAST, along and with the, Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distanco of 225.31 feet to a 5/8" Iron rod found for corner; THENCE SOUTH. 41°3756" EAST, continuing along turd with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 485.69 feet to a 5/8" iron to(] found for corner; THENCE SOUTH 10009'216" EAST, continuing along and with the Westerly lire of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distarice of 230.28 feet to a 518" iron rod set for corner; THENCE SOUTH 45°26'32" WEST, continuing along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 3.82 feat to a 518" iron rod set for corner, said corner also being in the Easterly right-of-way line of the Kansas City Southern Railroad (based on a width of 100 feet); THENCE NORTH 44°19'21" WEST, along and with the Easterly right-of-way line of the Kansas City Southern Railroad, for a distance of 1292.67 feet to a 5/8" Iron rod set for corner, said corner being in the Northwest line of the said Phelam Humphry League; THENCE NORTH 45028'30" EAST, along and with the Northwest line of the said Phelam Humphry League, for a distance of 299.95 feet to the POINT OF BEGINNING and containing 5,8766 ACRBS, more or less. TRACT III, Parcel B (Fee Shnpic) BEMG a 23.5668 acre tract or parcel of land situated in the Phelam Humphry League, AbstractNo. 32, Jefferson County, Texas and being out of and a part of that certain 300 foot strip as described in Warranty Deed from J.T. Shelby to Texas Gulf Sulphur Company, recorded in Volume 1454 Page 630, Deed Records, Jefferson County, Texas, and also being all of that certain called 23,5505 acre tract, identified as Tract Three -13, as described in a "Special Warranty Deed" from Edward P. deZeyallos and Robert Price, Jr. to Triangle Rallyard, T.P. as recorded in Clerk's Pile No. 1999043482, Official. Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 23,5668 acre tract, identified as TRACT TBREE B, as described in it "Special Warranty Deed" from Jefferson Triangle Properties, L.P. to TX ENERGY, LLC as recorded in Clerk`s Filo No. 2007047461, Official Public Records of Real Commitment for Tills Insurnow (ronm T-?) 104 Property, Jefferson County, Texas, said 23.5668 acre tract being more particularly described as follows: NOTE: All bearings are based on the Northeasterly line of that certain called 4.6453 acre tract, identified as Tract One, as described in a "S)7ecial Warranty Deed"from Edward P. deZevallos and Robert .Price, Jr, to Jefferson Triangle Marine, L.P. as recorded In Clerk's File No. 98-9821354, Oficial Public Records of Real Property, Jefferson County, Texas as 80UT11 44°20 '08 " EAST A11 set 518 " Iron rods set with a cap stamped "M. JY.. Whiteley & Associates ". COMMENCING at a "T" mil found for the most Northerly corner of that certain called 5.8766 acre tract, identified as TRACT THREE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said corner also being the intersection of tiro Northwest boundary line of the Phelam Humphry League, A-32, Jefferson County, Texas, as said line was established by an agreed Judgment in Cause No. 1219 and the Northeasterly corner of said 300 foot strip and said corner also being tho most Westerly corner of that certain called 3.1.638 acre tract, identified as TRACT FIVE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Offrciat Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 44020'52" LAST, along and with the Northeasterly line of the said 300 foot strip and for the boundary between the said 5.8766 acre and (lie said 3.1638 acre TX ENERGY, LLC tracts, for a distance of 444.90 feet to a 5/8" iron rod found for corner, said corner being the most Southerly corner of the said 3.1638 acre TX ENERGY, LLC tract and in the Westerly line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE SOUTH 44009'59" EAST, over and across the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 156.02 feet to it 518" iron rod found for the most Northerly corner and the POINT OF BEGINNING of the tract herein described, said corner also being an exterior oil corner of that certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Cleric's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being. in the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch; THENCE SOUTH 44°20'33" EAST, for the boundary between the tract herein described and the said 192.5857 acre TX ENERGY, LLC tract, for a distance of 1399.09 feet to a 518" iron rod found for corner, said corner being the most Southerly corner of the said 192.5857 acre TX ENERGY, LLC tract and also being the most Westerly corner of that certain called 24.6091 acre tract of land as described in a "Special Warranty Deed" from OilTanking Beaumont Partners, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2009022171, Oficial Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 44019'21" EAST, for the boundary between the tract het,ein described and the said 24.6091 acre TX ENERGY, LLC tract, for a distance of 2715:60 feet to a 2" iron pipe found for corner, said corner being in the North line of the McFnddin Canat No. 2 as recorded on Partition Map No. 1 of the McFaddin-Wiess- Kyle Land Co. as recorded in Volume 4, Page 198, Map Records, Jefferson County, Texas; THENCP SOUTH 86054'33" WEST, along and with the North line of the McFaddin Canal No. 2, for a distance of 399.19 feet to it 518" iron rod found for cornor, said corner being in the Easterly right-of-way line of the Kansas City Southern Railroad (based on a width of 100 feet); o"jinjUWAI for T& rn5urhn o (Corm T•7) 105 THENCE NORTH 44019121" WEST, along and with the Easterly right-of-way lino of the Kansas City Southern Railroad, for a distance of 3058.46 feet to a 518" iron rod found for corner, said corner being in the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch; TI ENCE NORTH 45026'32" EAST, along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 56.38 feet to a 5/8" iron found for corner; THENCE NORTH I0"09'26" WEST, continuing along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 311.77 feet to a 5/8" iron rod found for corner; THENCE NORTH 41°37'56" WEST, continuing along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 480.20 feet to a 5/8" iron rod found for corner; THENCE NORTH 04043106" WEST, continuing along and with the Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 71.72 feet to the POINT OF BEGINNING and containing 23.5668 ACRES, more or less. TRACT IV, Parcel A free Simple) BEING a 22.8591 acre tract or parcel of land situated ]n the Jeff and James Chaison Survey, Abstract No. 435, Jefferson County, Texas, the same being a portion of that certain called 150 acres of land conveyed by Perry McFaddin Duncan, Camelia B. McFaddin, a feme sole, Di Vernon McFaddlnn Cordts and husband, E.G. Cordts, Mamie MoFaddin Ward and Husband, Carroll B. Ward, W.P.W. McFaddin, Jr. and J,L.C. McFaddin to Texas Gulf Sulphur Company, Vol. 960, Pg. 192, Deed Records, Jefferson County, Texas and also being all of that certain called 22,8199 acre tract of land, Identified as Tract hour -A as described in a "Special 'Warranty Deed" from Edward P. deZevallos and Robert Price, Jr. to Jofferson Triangle Marine, L.P, as recorded In Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 22.8591 acre tract, identified as TRACT FOUR A, as described in a "Special Warranty Deed" from. Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said 22.8591 acre tract being more particularly described as follows: NOTE. All bearings are based on the Northeasterly flue of that certain called 4.6453 acre tract, identified as D -act One, as described In a "Special Warranty Deed"front Edward P. deZevallos and Robert Price, Jr. to Jefferson D-langle Marine, LP. as recorded In Clerk's File No. 98-9821354, Official Public Recor& of Ileal Property, Je„(%'erson County, Texas as SOUTH 44°20'08 " EAST, All set 5/8 " iron rods set with a cap stamped "M. W Whiteley & Assoclates ". COMMENCING at an We found for the intersection of the most Southerly Northwest boundary line of. the Pholam Humphry League, Abstract No. 32, Jefferson County, Texas, and the most Southerly Southeast corner of the Jeff and James Chaison Survey, Abstract No. 435 as said line was established by an agreed judgment in Cause No. 1219, said corner also being the most Easterly corner of the said John A. Veatch Survey, Abstract No. 55, Jefferson County, 'texas and said corner also being an interior ell corner of the remainder of that certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Rceords of Real Property, Jefferson County, Texas and an exterior ell corner of that certain culled 123.90U4 acre tract, identified as TRACT FOUR B, as described in a "Speciul Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as Cbfnanfin nfforTide1wrm000(FonoT•7) { 106 recorded in Clerk's File No, 2007047460, Official Public Records of Real Property, Jefferson County, Texas; THENCC SOUTH 89058105" WEST', along and with the South line of the said 123,9004 acre TX ENERGY, LLC tract, the same being the common line between the said Jeff and James Chaison Survey and the said John A. Veatch Survey, for a distance of 389.73 feet to 5/8" iron rod found for corner, said corner being the Southwest corner of the said 123,9001 acre TX ENERGY, LLC tract and in the East line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE NORTH 89056'43" WEST, over and across the said 100 foot wide Texas Depattment of Transportation drainage ditch, and for the common line between the said Jeff and James Chaison Survey and the said John A. Veatch Survey, for a distance of 100.13 feet to a 5/8" iron rod found for the Southeast corner and POINT OF BEGINNING of the tract herein described; THENCE NORTH 89°56'31" WEST, continuing for the common line between the said Jeff and James Chaison Survey and the said John A. Veatch Survey, for a distance of 382.40 feet to a 1" iron pipe four)d for corner; THBNCE NORTH 89052'32" WEST, continuing for the common line between the said Jeff and James Chaison Survey and the said John A. Veatch Survey, for a distance of 496.09 feat to a I/" iron pipe found for corner, said corner also being an exterior ell corner of that certain called 318.35 acre tract of land as described in a "Corrected Sheriffs Deed" from G, Mitch Woods, Sheriff of Jefferson County, Texas, to LaMonloa Ltd. as recorded In Clerk's bile No. 2003038403, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 01020'03" EAST, for the boundary between the tract herein described and the said 318,35 acre LaMonica Ltd, tract, for a distance of 995.53 feet to a 1" iron pipe found for corner, said corner being in the South line of a Canal for barge traffic fiorm W.P,H. McFaddin to United Oil and Refining Co, as recorded in Volume 80, Page 292, Deed Records, Jefferson County, Texas and Volume 93, Page 450, Deed Records, Jefferson County, Texas; THENCE NORTH 70027'51" CAST, along and with the South line of the said Canal, for a distance of 198.41 feet to a V iron pipe found for corner; TITENCE NORTH 7204538" EAST, continuing along and with the South line of tho said Canal, for a distance of 324.39 feet to a 5/8" iron rod found for corner; THENCE NORTH 82000'17" EAST, continuing along and with the South line of the said Canal, for it distance of 400.87 feet to a 5/8" iron rod set for corner, said corner being the intersection of the Soutlr line of the said Canal and the West line of tiro said 100 foot wide Texas Department of Transportation drainage ditch; TfIENCE SOUTH 01048'50" WEST, along and with the `Vest line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 1215.58 feet to the POINT Or, BEGINNING and containing 22,8591 ACRES, more or less, TRACT IV, Pat -eel B tree 81nurlee) BEING a 121,3652 acre tract or pareoi of land situated in die Jeff' and James Chaison Survey, Abstract No. 435, Pierre Leniame Survey, Abstract No. 163 and the W.P,H, McFaddin Survey, Abstract No. 689, Conunrtnigat for rMle Insurance (Donn T-7) 107 Jefferson County, Texas, and out of and part of that certain called 150 acres of land conveyed by Perry McFaddin Duncan, Camolia B. McFaddin, a feme sole, Di Vernon McFaddin Cordts and husband, E.G. Cordts, Mamie McFaddin Ward and Husband, Carroll E. Ward, W.P.W. McFaddin, Jr, and J,L.C. McFaddbi to Texas Gulf Sulphur Company, Vol. 960, Pg. 192, Deed Records, Jefferson County, Texas and being out of and part of that certain called 123.9203 acre tract of land, Identified as Tract Four B, as described in a "Special Warranty Deed" from Edward P. de2,cvallos and Robert Price, Jr, to Jefferson Triangle Marine, L.P. as recorded in Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, and being out of and part of that certain called 123.9004 acre tract, identified as TRACT FOUR B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said 121.3652 acre tract being moro particularly described as follows: NOTE. X111 hearings are based on the Northeasterly line of that certain called 4.5453 acre tract, identtfled as Tract One, as described in a "Special Warranty Deed"front Edward P. deZevallos and Robert Price, Jr. to Jefferson Triangle Marine, LP, as recorded lit Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas as SOUTH 44°20'08" E.48T. All set 5/8" iron rods set with a cap stamped "M. W Whiteley & Associates': BEGINNING at an axle found for the interseetion of the most Southerly Northwest boundary line of the Plnelatn Humphry League, Abstract No. 32, Jefferson County, Texas, and the most Southerly Southeast corner of the Jeff and James Chaison Survey, Abstract No. 435 as said line was established by an agreed judgment in'Cause No. 1219, said corner also being the most Easterly corner of the said John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and said corner also being an interior ell corner of the remainder of that certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as described in a "Special Wanwity Deed" from Jefferson Triangle Marine, L,P. to TX ENERGY, LLC as recorded In Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas and an exterior ell corner of the said 123.9004 acre TX ENERGY, LLC tract; THENCE SOUTH 89058'05" WEST, along and with the South line of the said 123.9004 acre TX ENERGY, LLC tract, the same being the common lhio between the said Jeff and James Chaison Survey and the said John A, Veatch Survey, for a distance of 389.73 feet to 5/8" iron rod found for corner, said corner being the Southwest corner of the said 123.9004 acre TX ENERGY, LLC bract and in the East line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Toxas; TUMNCE NORTH 01048'50" EAST, along and Nvlth the East line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 1228.38 feet to a 5/8" iron rod found for corner, said corner being the intersection of the said 100 foot wide Texas Department of Transportation drainage ditch and the South line of a Canal for barge traffio fi•oin W.P.H. McFaddin to United Oil and Refining Co. as recorded in Volume 80, Page 292, Deed Records, Jefferson County, Texas and Vokitne 93, Page 450, Deed Records, Jefferson County, Texas; THENCE NORTH 84°30'51" FAST, along and with the South line of the said Canal, for a distance of 5095.88 fect to a l" iron pipe found for corner, said iron pipe being located the old bank of the Neches River; THENCE SOUTH 2505741" EAST, along and with the old bank of tho Neches River, for a distance of 1148.77 feet to a point for corner (unable to find or set cornet), said corner being the Northeast corner of that certain called 0.7526 acre tract of land as described in a "Special Warranty Deed" from Chevron U.S.A. Inc, to TX ENERGY, LLC as recorded in Clerk's File No. 2009011357, Official Public Records of Co=ltmeM fi+rT,ileir�aunmco(i'orm'f-7) 108 Real Property, Jefferson County, Texas, the sante being the Northeast corner of that certain called 24.6091 acre tract of Iand as described in a "Special Warranty Deed" from TX ENERGY, LLC to OilTatlking Beaumont Parhters, L.P. as recorded in Clerk's Pile No. 2009022170, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 89055'27" WEST, for the boundary between the track herein described and the said 24.6091 acre OilTanking Beaumont Partners, L.P.'tract, for a distance of 644.65 feet to a 5/8" iron rod with a cap stamped "M.W. Whiteley & Associates" found for corner; THENCE SOUTH 00058'20" WEST, for the boundary between the tract herein described and the said 24.6091 acre OilTanldng Beaumont Partners, L.P. tract, for a distance of 201.22 feet to a point for corner, and said corner being the Northeast corner of the said 192,5857 acre TX ENERGY, LLC tract and in the common lino between the W.P.II. Mcraddin Survey and the said Phelam Humphry League; THENCE NORTH 89°08'02" WEST, for the boundary between the tract hereln described and the remainder of (lie said 192.5857 aero TX ENERGY, LLC tract, the same being the common line between the said Phelam Humphry Longue and the said W. P.H. McFaddin Survey, the said Pierre Lemane Survey and the said Jeff and James Chaison Survey, for a distance of 4571.06 feet to a point for corner (unable to find or set corner), said corner being an exterior ell corner of the remainder of the said 192,5857 acre TX ENERGY, LLC tract and also an exterior ell corner of the said Pholam Humphry League and an interior ell corner of the said Jeff and James Chaison Survey; THENCE SOUTH 00037'20" WEST, for the boundary between the tract herein described and the said 192.5857 acre T tract, the same being the common line between the said Phelam Humphty League and the said Jeff and James Chaison Survey for a distance of 550.66 feet to the POINT OF BEGINNING and containing 121,3652 ACRES, more or less. TRACT V, Parcel A (Tree Simple) BEING a 3.1638'acro tract or parcel of land situated in the Phelam Humphry League, Abstract No. 32, Jefferson County, Texas and being a portion of the 208.38 acres of land conveyed by Stanoliad Oil Purchasing Company to Texas Gulf Sulphur Company, Volume 1597, Page 324, Deed Records, Jefferson County, Texas, and also being all of that certain called 3,1656 acre tract of land, identified as Tract Five A, as described in a "Special Warranty Deed" from Edward P, dozovallos and Robert Price, Jr. to Jefferson Triangle Marine, L.P, as recorded in Clerk's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 3.1638 acre tract, identified as TRACT FIVE A, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, LY, to TX ENERGY, LLC as woorded in Clerk's rile No, 2007047460, Official Public Records of Real Property, Jefferson County, Texas, said 3.1638 acre tract being more particularly described as follows.- NOTE: ollows:NOTE• All bearings are based on the Northeasterly line of that certain called 4.6453 acre tract, identified as Tract One, as described /it a "Special Warranop Deed"front Edward A dezevallos and Robert Price, Jr. to Jefferson T Mangle Marine, L.P. as recorded In Clerk's File NQ. 98-98213.54, ficial Public Records of Real Property, Jefferson County, Texas as SOUTH 44°20 '08 "TrtST All set 518" iron rods set rvith a cap stmt:ped "M. W. Whiteley & Associates ". BEGINNING at a "T" rail found for the most Westerly corner of the tract herein described, said conifer also being the intersection of the Northwest boundary line of (lie .Phelam Humphry League, A-32, Jefferson County, Texas, as said line was established by an agreed judgment in Cause No. 1219 and the Northeasterly corner of that certain 300 foot strip as described in Warranty peed from J.T. Shelby to Texas Gulf Sulphur Company, recorded in Volume 1454 Page 630, Deed Records, Jefferson County, Commhaieat tbr7hir tnsumwa (Fenn T-7) 109 Texas, also being the most Northerly corner of that certain called 5.8766 acre tract, identified as TRACT THREE A, as described in a "Special Warranty Deed" fi-om Jefferson Triangle Marine, L.P, to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 45028'30" EAST, along and with tho Northwesterly lure of the said Phelam Humphry League, for a distance of 672.47 feet to a 5/8" iron rod found for corner, said corner being in the Westerly line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE SOUTH 01°58'31" WEST, along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 161.2I feet to a 518" iron rod found for corner; THENCE SOUTH 2304094" WEST, continuing along and with the Westerly line of the said 100 foot wide Texas Department of Transportation drainage dltch, for a distance of 448,39 foot to a 5/8" iron rod found for corner; THENCE SOUTH 04030'21" EAST, continuing along and with the Westerly line of the said 100 foot wide Texas Dopaitmeat of Transportation drainage ditch, for a distance of 218.62 feet to a 5/8" 'iron rod found for corner, said corner being in the Northeasterly line of the said 300 foot strip anti also being an exterior ell comet, of the said 5,8766 acre TX ENERGY, LLC tract; THENCE NORTH 44°20'52" WEST, along and with the Northeasterly line of the said 300 foot strip and for the boundary between thatract herein described and the said 5.8766 acre TX ENERGY, LLC tract, for a distance of 444.90 feet to the POINT OF BEGINNING and containing 3.1638 ACRES, more or less. TRACT V, Parcel B (Fee Slnrnlcl BEING a 171.2645 acre tract or parcel of land situated in the Phelant Humphry League, Abstract No, 32, Jefferson County, Texas and being out of and part of that certain called 20838 acres of land conveyed by Stanolind Oil Purchasing Company to Texas Gulf Sulphur Company, Volume 1597, Page 324, Deed Records, Jefferson County, Texas and being all of that certain called 203,2524 acre traot of land, identified as Tract Five B, as described in a "Special Warranty Deed" from Edward P. de7evallos and Robert Price, Jr. to Jefferson Triangle Marine, L.P. as recorded in Clark's File No. 98-9821354, Official Public Records of Real Property, Jefferson County, Texas, save and except that certain called 10.6679 acre tract of land as described in a "Special Warranty Deed" fl-om Palmera Properties, Inc, to Martin Gas Sales, Inc. us recorded it) Cleric's file No, 98-9814112, Ofircial Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, LT, to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, save and except a portion of That certain called 24.6091 acre tract of land as described in a "Special Warranty Deed" from TX ENERGY, LLC to OilTanking Beaumont Partners, L.P. as recorded in Clerk's Tile No, 2009022170, Official Public Records of Real Property, Jefferson County, Texas said 171.2645 acre tract being more particularly described as follows: NOTE: All bearings erre based on the A'ortheasterly line of that certain called 4.6453 acre tract, identified as pact One, as described in a ",Special Warranty Deed"from Edww d P. deZevallos and Robert Price, Jr. to Jefferson 73 iangle Marine, LP, as recorded In Clerk's File No, 98-9821354, Official Public Records of Ileal Property, Jefferson County, Texas as SO=44*20'08"EAST: All set 5/8" iron rods set ivith a cap statnpcd "M.. W, Whiteley & Associates". Cominttnwit for l'itte rn51uum (Fan" T-7) BEGINNING at an axle found for the intersection of the most Southerly Northwest boundary line of the Phelam Humphry League, Abstract No. 32, Jefferson County, Texas, and the most Southerly Southeast corner of the Jeff and James Chalson Survey, Abstract No. 435 as said line was established by an agreed judgment in Cause No. 1219, said corner also being the most Easterly corner of the said John A, Veatch Survey, Abstract No. 55, Jefferson County, Texas and said corner also being an exterior ell corner of that certain called 123.9004 aore tract, identified as TRACT FOUR B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's file No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 00037'20" EAST, for° the boundary between the tract herein described and the said 123.9004 aero TX ENERGY, LLC tract, the sante being the common lure between the said Plielain Ilumphry League and the said Jeff and Jaynes Chaison Survey, for a distance of 550,66 feet to a point for corner (unable to find or set corner), said corner being an interior ell corner of the said 123,9004 acre TX ENERGY, LLC tract; THENCE SOUTH 89°08'02" BAST, for the boundary between the tract herein described and the said 123,9004 acre TX ENERGY, LLC tract, the same being the common line between the said Phelan) Humphry League and the said Jeff and James Chaison Survey, the Pierre Lemane Survey, Abstract No. 163 and the W. P.BL MoFaddin Survey, Abstract No. 689, Jefferson County, Texas, for a distance of 4571,06 feet to a point for corner, said corner being in the West line of the said 24.6091 acre OilTanking Beaumont Partners, L.P. tract; THENCE SOUTH 00058'20" WEST, for the boundary between the tract herein described and the said 24.6091 acro OilTankirig Beaumont Partners, L,P, tract, for a distance of 1004.19 feet to a 5/8" iron rod with a cap stamped "M, W. Whiteley & Associates", said corner being in the North line of the remainder of that certain called 461.42 acre tract, identified as TRACT A, as described in a "Speeiat Warranty Deed" fiom BP Pipelines (North America) ane. to OilTanking Beaumont Partners, L.P, as recorded in Clark's FIle No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTII 89041'40" WEST, for the boundary between the tract hereln described and the remainder of the said 461,42 aore OilTankhrg Beaumont Partners, LX tract, passing at a distance of 1326.31 feet a found 3" aluminum pipe, passing at a distance of 1738.01 feet a 3" aluminum pipe and continuing for a total distanco of 2202.70 feet to it 5/8" iron rod found for coiner, said corner also being an exterior oil corner of the said 461.42 acre OilTanking Beaumont Parhters, L.P. tract and the Northwest corner of that certain called 24.6091 acre tract of land as described in a "Special Warranty Deed" from OilTanking Beaumont Partners, L.P, to TX ENERGY, LLC as recorded in Clerk's File No. 2009022171, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 45025'18" WEST, continuhig for the boundary between the tract herein described and the Northwesterly line of the said 24.6091 acre TX ENERGY, LLC tract, for a distance of 2730,75 feet to a 5/8" iron rod found for corner, said corner being in the Northeasterly lino.of that certain 300 foot strip as described in Warranty Deed from J.T. Shelby to Texas Gulf Sulphur Company, recorded in Volume 1454 Page 630, Deed Records, Jefferson County, Texas and said corner also being in the Northeasterly line of that certain called 23.5668 acre tract, identified as TRACT THREE B, as described in a "Special Warranty Deed" from Jefferson Triangle Properties, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047461, Official Public Records ofReai Property, Jefferson County, Texas; TBRNCE NORTH 44°20'33" WEST, for the boundary between the tract herein described and the said 23.5668 acre TX ENERGY, LLC tract, for a distance of 1399.09 feet to a 5/8" iron rod found for corner, said corner being the most Northerly corner of the said 23,5668 acre TX ENERGY, LLC tract and also ComidimeM far Tillo huivar= (Form T-7) 111 being in the Easterly line of a 100 foot wide Texas Department of Transportation drainage ditch as recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas; THENCE NOXrH 04°26'05" WEST, along and with the Easterly line of the said 100 foot wide Toxas Department of Transportation drainage ditch, for a distattco of 31359 feet to a 5/8" iron rod found for corner; THENCE NORTH 23040'23" EAST, continuing along and with fire Easterly line of the said 100 foot wide Texas Department of Transportation drainage ditch, for a distance of 442,57 feet to a 5/8" iron roti found for corner; TffENCE NORTH 01056'02" EAST, continuing along and with the Easterly line of the said 100 foot wide Texas Dopartment of Transportation drainage ditch, for a distance of 285,61 feet to a 5/8" iron rod found for corner, said corner being in the Northwesterly line of the Pholam Humphry League; THENCE NORTH 45021'25" EAST, along and with the Northwesterly line of the Pholam Humphry League, for a distanco of 566,11 feet to the POINT OF BEGINNING and containing 181.9324 acres, more or less save and except the above referenced 10,6679 acre Martin Gas Sales, Inc. thereby leaving a net acreago of 171,2645 acres, more or less. TRACT VI, PARCEL A free Siirnule) BEING a 24.6091 acre tract or parcel of land situated in the Phelan Humphry League, Abstract No, 32, Jefferson County, Texas and being out of and part of that certain called 461.42 acre tract of land, identified as tract A, as described in a "Special Warranty Deed" from BP Pipelines (North Atneriea) ine. to Oil Tanking Beaumont Partners, L.P. as recorded .in Clerk's File No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas, and being all of that eertaut called 24,6091 acre tract of land as described in a "Special Warranty Deed" from 01ITanking Beaumont Partners, L.P. to TX ENERGY, LLC as recorded in Clerk's rile No, 2009022171, Official Public Records of Real Property, Jefferson County, Texas, said 24.6091 acre tract being mote particularly described as follows: NOTL7 All bearings are based on the Northeasterly line of that certain called 4.6344 acre tract, identified as 71 -act One, as described In a "Speelal Warranty Deed" from Jefferson Triangle Marine, L.P. to TX Entergy, LLC as recorded in Clerk's File No, 2007047460 Official Public Records of Real Property, Jefferson County, Texans asSOU77144°20'0$"EAST. BEGINNING at a 5/8" iron rod found for the most y4Testerly corner of the tract herein described, said corner also being the most Southerly corner of dint certain called 192.5857 acre tract of land, identified as TRACT FIVE B, as described in it "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas, and said corner also being in the Northeast line of that contain called 23.5668 acre tract of land, identified as TRACT THREE B, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX ENERGY, LLC as recorded in Clerk's File No. 2007047461, Official Public Records of Reat Property, Jefferson County, Texas; THENCE NORTH 45025'18" EAST, for the boundary between the tract herein described and the said 192.5857 aer+e '1'X ENERGY, LLC tract, for a distance of 2730.75 feet to a 5/8" iron rod found for corner, said corner being an interior ell corner of the said 192.5857 acts TX ENERGY, ILC tract and also being an exterior ell corner of the said 461.42 acre OilTanking Beaumont Partners, LP tract; THENCE, SOUTH 89°01'40" EAST, for the boundary between the tract herein described and the said Cw:inilcment forl"Hta fnruance (Fonn'C-7) 112 192.5857 acre TX ENERGY, LLC tract, for a distance of 39438 feet to a 5/8" iron rod found for corner, THENCE SOUTH 45°25'18" WEST, over and across the said 461.42 acre OilTanking Beaumont Partuers, LP tract for a distance of 784.53 feet to a 5/8" iron rod found for corner; THENCE SOUTH 4905707" EAST, over and across the said 461.42 acre OilTanking Beaumont Partners, LP tract for a distauee of 118.98 feet to a 5/8" iron rod found for corner; Ti:1:ENCL SOUTH 45025'18° WEST, over and across the said 461.42 acre OilTanking Beaumont Partners, LP tract for a distance of 2235.32 feet to a 5/8" iron rod found for corner, said corner being in the Northeast line of said 23.5668 acre TX ENERGY, LLC tract; THENCE NORTH 44019'21" WEST, for the boundary between the tract herein described and the sold 23.5668 acre TX ENERGY, LLC tract, for a distance of 400.00 feet to the POINT OF BEGINNING and containing 24.6091 ACRES, more or less. TRACT VI, -eel B�netuent i'astatcl BEING a 03818 acre pipelhae right-of-way and easemont situated in the Phelam Humphry League, Abstract No. 32, Jefferson County, 'Texas, being out of and part of that certain called 2.440 acre tract of land, also Identified as TRACT D, Sava and Except that certain called 0.332 acres lying within the Kansas City Southern railroad 100' wide strip, as described In a deed from Mamie MoVaddin Ward Heritage Foundation, et al to OilTanking Beaumont Partners, L.P. as recorded in Clerk's File No, 20050069725 Official Public Records of Real Property of Jefferson County, Texas, and being out of and part of that certain called 6.4 acre tract of land, also identified as TRACT E; as described in a deed from Malnie McFaddin Ward Heritage Foundation, of al to OilTanking Behumont Partners, L.P. as recorded in Cloak's File No. 2005006972, Official Public Records of Real Property, Jofferson County, Texas, said 0.3818 acre pipeline rlglit-of-way and easement being more particularly described as follows: NOTE: All bearings are bayed on the Northeasterly line of that certain called 4.6344 acre tract, ldentUled as b -act One, as described In a "Special Varranty Deed" front Jefferson Mangle Marine, L.P. to 7XX Energy, LLC as recorded In Clerk's File No. 20070474160 O lclal Public Records of Real Property, Jefferson County, Texas as SOUTH 44020'08" EAST. COMMENCING at a 5/8" iron rod found for the most Southwesterly corner of that certain called 23.5668 acre tract of land, identified as TRACT THREE B, as described in a "Special Warranty Deed" form Jefferson Triangle Properties, L.P. to TX ENERGY, LLC -as recorded in Clerk's File No. 2007047461, Official Public Records of Real Property, Teffersou County, Texas, said coiner also being in the Northeast right-of-way line of Kansas City Southern Railroad (based on a width of 100 feet), and also said corner being an exterior ell corner of said OilTanking Beaumont Partners, L.P. Tract D; THENCE NORTH 86054'33" EAST, for the boundary between said TX ENERGY, LLC TRACT THREE B and the said Oirranking Beaumont Partners, L.P. TRACT D, for a distance of 85.00 feet to the most Westerly corner and the POINT OF BEGINNING of tlao tract theroin described; THENCE NORTH 86054'33" EAST, continuing for the boundary between the said TX ENERGY, LLC TRACT THREE B and tho said OilTanking Beaumont Partners, L,P. TRACT D, for a distance of 100,00 feet to a point for corner; THENCE SOUTH 44°]9'21" EAST, over and across the said OilTanking Beaumont Partners, L,P. TRACT D and TRACT E for a distance of 238,25 feet to a point for corner, said corner being in the most Com mitmonr for 711k Insurance (Form T•7) 113 Westerly North line of that certain called 46.796 acre tract of land, also identified as TRACT ONE, as described in a deed from E.1. DU PONT DE NEMOURS AND COMPANY to EASTMAN CHEMICAL COMPANY as recorded in Clerk's Fila No. 2007038287, Official Public Records of Real Property, Jeffe)son County, Texas; THENCE NORTH 81°14'31" WEST, for the boundary between the said OilTanking Beaumont Partners, L.P. TRACT E and tho said Eastman Chemical Company 46.796 acre tract for a distance of 125.20 feet; THENCE NORTH 44°19'21" WEST, over and across the said OilTanking Beaumont Partners, L.P. TRACT E and TRACT D for a distance of 204.06 feet to the POINT OF BEG)NN1NG and containing 0.3818 ACRES, more or less. TRACT'VI.PareeI C (Easement Estate BEING a 1,2396 acre road easement situated in the Phelam Humphry League, Absh•act No. 32, Jefferson County, Texas and being out of and part of that certain called 27.18 acre tract of land, identified as Tract B, as described in a "Special Warranty Deed" form BP Pipelines (North America) Inc. to Oil Tanking Beaumont Partners, LP, as recorded in Clerk's File No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas, said 1.2396 acro road easement being more particularly described as follows: NOTE. All hearings are based on the Northeasterly line of that certain called 4.6344 acre tract, identified as Dwct One, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P. to TX RrrerD,, LLC as recorded in Clerk's File No. 2007047460 Oficial Public Records of Real Property, Jefferson Comity, Texas as SOUTH44°20'08" R 48 COMMENCING at a 2" iron pipe found for the North corner of said OilTauking Beaumont Partners, L.P. tract, said cornier being the most Easterly corner of that certain called 20.0281 acre tract of land as described in a "Special Warranty Deed" from Phillip A. Roebuck Family Partnership, LTD. to TX Energy, LLC, as recorded in Clerk's bile No. 2008003576, Official Public Records of Real Property, Jefferson County, Texas, said corner also being in the Southwesterly right-of-way line of Kansas City Southern Railroad (bases on a width of 100 feet); THENCE SOUTH 44°18'38" EAST, along and with the said Southwesterly right-of-way line of Kansas City Southern Railroad for a distance of 429.22 feet to a point for the most Northerly corner and the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 44°18'38" EAST, continuing along and with the said Southwesterly right-of-way line of Kansas City Southern Railroad for a distance of 50.00 foot to point for corner; THENCE SOUTH 45°27'11" WEST, over and across the said 27.18 acres OilTanking Beaurnont Partners, L.P. tract for a distance of 1071.13 feet to a point for corner, said corner being in the Northeasterly right-of-way line of State Highway 347; THENCE NOR'T'H 630'42`49" WEST, along and with the Northeasterly right-of-way line of the said State Highway 347 -for a distance of 52.93 feet to it point for corner; THRICE NORTH 45°27'11" EAST, over and across the said 27.18 acres OilTanl6ng Beaumont Partners, LY, tract for a distance of 1088.71 feet to the POINT OF BEGINNING and containing 1.2396 ACRES, more or less. Canmutmtnt for Tidy rnswance(Form T-7) 114 TRACT VII, Parcel A Wcc Sitnnlo BEING 46, 8010 Awes of land described and being out of and a part of those certain tracts deed to E. I. du Font de Nornours and Company more fully described as 3,224 acres described as McFaddin Access Strip No, 1, 3.189 acres described as Weiss Access Strip, 124,708 acres recorded in Volume 845, Page 63, 23.70 acres recorded in. Volume 1865, Page 58, 10.270 acres recorded In Volume 1865, Page 68,23.70 acres described as Tract "A" recorded in Volume 1865, Page 120 and 10.270 acres recorded in Volutne 1865, Page 128 of the Deed Records of Jefferson County, Texas. Said 46,796 acres of land also being a pact of the DuPont -Beaumont Industrial Sito No. 1 Subdivision recorded in Volume 15, Page 4 of the Map Records and part of the DuPont-Boaumont Works Industrial park Subdivision recorded In Clerk's File No. 2006048240 and being Lot 4 of the Replat of DuPont -Beaumont Industrial Site No. 1 in Clerk's File No. 2007037934 of the said Jefferson County and being situated it) the Pelham Humphries League, AbsttnctNo. 32, and the J. S. Johnston Survey, Abstract No. 34, Jefferson County, Texas, TRACT VII, PARCEL B (Easement Estate) — Rea tun ont-Dupant; Non-exclusive easement estate as conveyed, assigned and/or set forth in (i) that certain deed executed by E,1. du Font do Nemours and Company in favor of Eastman Chemical Company, dated September 26, 2007, filed September 28, 2007, under County Clerk's File -No. 2007038287, Official Public Records of Real Property of Jefferson County, Texas and (ii) that certain Declaration ofEasernents and Covenants executed by E. I, du Font de Nemours and Company as recorded under Film Code No. 104-01-0533, Real Property Records, Jefferson. County, Texas. TRACT VM (Fee Slntnle) - DE LETED TRACT IX (ice Simile BEING} it 20,0281 acre or parcel of land situated in the Plielam 1-Juinphry League, Abstract No. 32, Jefferson County, Texas and being all of that certain called 20.03 acre tract of land as described in a "Special Warranty Deed" front Phillip A, Roebuck to The Phillip A. Roebuck Family Partnership, Ltd. as recorded in Clerk's File No. 97-9731390, Official Public Records of Real Property, Jefferson County, Texas, the satne being all of that certain called 20.03 acre tract of land as described in a "Special Warranty Deed" from Suzanne R. Roebuck to The Phillip A. Roebuck Fart -Lily Partnership, Ltd. as recorded hi Clerk's filo No. 97-9731389, Official Public Records of Real Property, Jefferson County, Texas, and being all of that certain called 20.0281 acre tract of land as described in. a "Special Warranty Deed" from -Phillip A. Roebuck Family Partnership, LTD. to TX ENERGY, LLC as recorded in Clerk's File No. 2008003576, Official Public Records of Real Property, Jefferson County, Texas said 20,0281 acre tract being more particularly described as follows, NOTE: All bearing are based on the Northeasterly line of that certain called 4.6453 acre tract, identified as Tract One, as described In a "Special Warratrty Deed"from Edrvlard P. deZevallos and Robert Price, Jr, to Je„�fet:ron Triangle Marine, L. A, as recorded in Clerks File No. 98-9821354, Official Public Records of Real Property, Jefferson Cowity, Texas as SOUTH 44120'08" PAST BEGINNING at a 2" Iron pipe -found for the most Easterly corner of the tract herein described, said corner also being the most Northerly corner of the rornaindor of that certain called 27.18 acre tract of land, identified as TRACT B, as described in a "Special Warranty Deed" from BI' Pipelines (North Anterica) hie. to 011Tanking Beaumont Partners, L,P, as accorded in Clerk's File No. 2001014848, Official Public Comnt"nein ror Tdla;nsnrgnce (Farm T-7) Records of Real Property, Jefferson County, Texas and in the Westerly right-of-way tine of the Kansas City Southern Railroad (based on a width of 100 feet); THENCE SOUTH 47002'52" WEIST, for the boundary between the tract heroin described and the remainder of the said 27.18 acre OilTanking Beau vont Partners, L.P. tract, for a distance of 1188,10 feet to a small nail in concrete at the base of a fence post found for corner, said corner being the most Westerly corner of the remainder of the said 27.18 acre OilTanking Beaumont Partners, L.P. tract and in the Northeasterly right-of-way line of State Highway No, 347; T1­IENCE NORTH 48006140" WEST, along and with the Northeasterly right-of-way line of State Highway No. 347, for a distance of 248.11 feet to a Texas Department of Transportation concrete monument found for corner, said corner also being the beginning of a curve to the right having a radius of 3685.93 feet and being subtended by a chord bearing NORTH 44016127" WEST having a chord length of 477.60 feet; TIIRNCE NORTHWESTERLY, along and with the Northeasterly right-of-way line of State Highway No. 347 and along and with said curve, for an are length of 477.94 feet to a 112" iron rod found for corner, said corner being the most Southerly corner of that certain called 21,1268 acre tract, Identified as TRACT TWO, as described in a "Special Warranty Deed" from Jefferson Triangle Marine, L.P, to TX ENERGY, LLC as recorded itr Clerks File No. 2007047460, Official Public Records of Real Property, Jefferson County, Texas; Tl-MNCE NORTH 47005'45" EAST, for the boundary between the tract herein described and the said 21.1268 acre TX ENERGY, LLC tract for a distance of 1203.93 feet to a 518" iron rod found for corner, said corner being the most Easterly corner of the said 21.1268 acre TX ENERGY, LLC tract and in the Westerly right-of-way line of the Kansas City Southern Railroad; THENCE SOUTH 44°20'18" EAST, along and with the Westerly right-of-way line of the Knnsas City Southern Railroad, for a distance of 723.78 feet to the POINT OF BEGINNING and containing 20,0281 ACRES, more or less, TRACT X Parcel A (Fee Simple Lot One (1) of the du PONT-BEAUMONT INDUSTRIAL SITS SUBDIVISION: BEING a 12.8175 acre tract of land in the Polham Humphries League in Jefferson County, 'Texas, -and also being out of a 124 acre tract convoyed by Wesley W. Kyle, et of to E. 1. du Pont de Nemours and Company by deed dated December 14, 1951 and being recorded in Volume 845, Pago 33, Deed Records of Jefferson County, Texas, and said 1.2,8175 acre tract being sometimes also known as Lot No. I of the DuPont - 'Beaumont Industrial Sites Subdivision that was recorded on November 19, 1991, in Volume 15, Page 4 of the Map Records of Jefferson County, Texas, TRACT X Pnreel Bf1fee Simple .Lot Two (2) of the du PONT-BEAUMONT INDUSTRIAL SITES SUBDIVISION: BEING a 13.5247 acre tract of land in the Pelham Humphries League in Je;fforsoa County, Texas, and also being out of a 124 acre tract conveyed by Wesley W, Kyle, et al to E.1. du Pont de Nemours and Company by deed dated December 14, 1951 and being recorded in Volume 845, Page 33, Deed Records of Jefferson County, Texas, and said 13.5237 acre tract being sometimes also known as Lot No. 2 of the DuPont - Beaumont Industrial Sites Subdivision that was accorded on November 19, 1991, In Volurne 15, Page 4 of the Map Records of Jefferson County, Texas. conuult=nt for T-hle hswaim (Fomi T-7) TRACT X Pat -eel C (Easement.Estatet Non-exclusive easement estate as conveyed, assigned and/or set forth In (i) that certain deed executed by E. 1. du font de Nemours and Company in favor of Easbnan Chemical Company, dated September 26, 2007, filed September 28, 2007, under Comity Clerk's File No. 2007038287, Official Public Records of Real Property of Jefferson County, Texas and (ii) that certain Declaration of EAMements and Covenants executed by E. 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RyA1 e( A W/ 4.ronl ntvta+cd At W, r&5 x, Alf Dred R:avdr of J4/e+ran ft+r, rYi raivr, MkJ::iy Lt Nrx oT E4;,k d SNIe4 Pm 1 o v.km v, riAS boa Por .+Ffwr ,%WrGr monicir my s Wr swirl mWo7I, i0 h:0. f•}A;hf of r4r-4t4d rn 1% IM sAIVM oca SJ'o Oval R�cud� al vtirrluaon cbxl/, 1 e�t+� M M;w 0 1mdH Pipe Lkre Co, ryS 1TSSr cOES Abr x nor Sl/(i.rdCr PfiOFERTY 3W PQK1AV JO hlt, R'.Fkl of uo!/c,nom+nf r4avLed $n W4 7059 W1 271 Coad Axwtta d ulf4ra arl Teras, aY ruy� N 1,7w N OLdid W73 rrrt v*, ik,% T+4s faa Wk$ M7f mor sl�FVd'Cr PRA'fA p h'of t'i[1 YN l:`AF0.V. 10 biteFFr�� lY!cy/iot4meol ryt�nkd h Irl. Ing pqw Lr &a k:m d4 or.Wle sw rte r.h� A fFJrO;ygiiWY1'f;X£ L of Ekxm Pfpo,w Cd. lli* 17FV Pau VOT NnW S�Cr P-WFLRrf /hp 10 AZT, R'�'(N v( srry/r oteaunr rrrleIcsvded uxkr Co tnty p4�'i F2n Pb..e !k+ 100-J7�Q9d0 Rru n7 1 S nO`}F'.t f1E'ci SQA Wt 1�1 Mr XVo 0 lAT s AMM j���'Prf-W, ev b'ie Ce fiory ati rlQs t0 AN, P;oht 0/ vv// etcnant racvrc+ed "!/ C0c„N Uark's f7tn Codi M. IJl-YJ-0747 Rfcl !'+nyAwMa' Racq'Ge e/ Cota+ry, Fero, N15'nP:y N 10KY P/ CatSot, onuW r NW"Q3i 57riAX NEdird&, L4 P-Foriru. it. 7W MY 00E9 Wr,4F' Or 5t Xdy PRCMWA -MO 75 INT t0 k2� Ih1RC4farrT !f vrry, m 0ccau iq h.9nu b 6V/tr 4Nau hcn U+ af7; Ter ter+ afs6k7 /Tor, 1xaVan e( rorvvd ighl o! ,Toy belraen 9- Ivod CO Tow Slob RkA 347 dAval, or 'V from oc;•!tf ataur ro, J.*Au to end/,r e-r4m Aum L64 ax.1,'eal pvP.•,r�+Je1:ry by tfi+a of PVYMLnvdr, Crlt.d acutt p v ided by cro4j Yj Ewom•nl rccom4l N 1`117 is 979, Pyo 1h7 PFad ReaPrds Jn`(rroarn vC.eytAty, reYa4 r.7'sn,bd by Xmroa qty swlbem P.a7Vvy Ci�mpaSj to d.4 !h'pmt de Rir`Twrt F!m Code N0. t7C1�-07�O337LPW flyPdwvrre erbbbFreod� o! M14Mai C�ccn{r leave, ad err de ciMil bl Dv0'2, aXht I,bl• v.I ptal rrx✓dsd 11 Yof, 73 Ma 4 c/ 41e Yv RWr* of 411alo,, Cow+to * YPJrrr. to MI. Trnno, oordUisn rE'P' aQo rvvcra..7r, rcwr.V+:4 tnd 409,' Prot er 4 of 441 foi'J h Ce.'tr0 tbn 01 E:oserlYrl4 "d Gbvov-Ale eXs,:viad bf•, EE DLPP,l de Non'.se, s,d CvWKY a =,d;r1S SV virr � o TY, 1S ti'{7 S7a{rG'+.aPA�'J � !.'0 PiOrtkD fA � Grw7'0% rxw. .SITS` RESTRICTIONS: Setbacks; Front N/A NIAA Haight Hone (tone Zone None There are no slie restrlctlons or zoning Information in the unlnaorported limits of fersor,County, Texas as per the rson County Englnaer's Deportment. YFF 5,35—aW 4 Basis of Fearing The bearing N 45'58'29' E being the Southwest Ana of the subject tract, called 1,9445 acres, known as Lot 3 of the DuPont—Beaumont Industfal Sito No, 2 Subdlvlson of record in Volume 17 on Page 394 of the Mop Records of Jefferson County, Texas, was used as 'The Basis of Baaring' for this survey. Sold Southwest fine being designated In sold description as N 0029' E 235.1 t obtained from existing mops supplied by Dupont Personnel. Subject property Is located outstde the lftlts of the Ctly of Beaumont, and within the unfnoorportod limits of Jefferson County, Texas, Access to this property is in common with access to the DuPont property, Got /, Lot 2, and trot J shown on Shaets f —3 are not contiguous to each other. There Is no visible evldenoe of oerneterles on. eubjeot properties, Flood Note - 8Y Orahlo plotting only, this propertfy Is In Zone AB of the Flood insurance Rate Map, Community panel No. 46OJ85 0170 C, which bears an effeotive date of 11-20-1991. No portion of the subject property /les within a Special flood Hazard Area, as described on the flood lasarance Pato Map for the aommun'V In whloh Ura eubjeot property 0 located. No (told aurvayng was performed to determined this Zone and on Elevation Cortiflcote may be neoded to verify this detefminallon or apply for -variance from the fedora! Emergency Management Agency, Zone A8 denotes a speclat flood zona hazard area, 4�3i tib 1 �3 Z", ul 5 a Q FxR 9R R SR t y Q Aso $ R�aaairMgt, �� R ii.% o R x`rRZ �a ex p a Q a j An awl 4 pa- a o�g s o �o P !Td'!,:LQ�� v 4 �,� ZS`� k 3 S S S S $ S 3 a S' S yS S• �� s �.�.e '�4" •�`� �na If ,ti 2�ba� oar o_ � as o �� .�' n �• �q �' � p kp §4��y 3�8 a i in- t+F„o hp sQ g a3` rs$ I +', , - JA N C IRENT ENCROACHMENTS Car rY6feot fMpi!(y YRK vw to o Prom slo. t • AREA: mass woe W.Wo swfrr fast Mol IIi ' Parking Sfalls n��s�'tr�fi o Rrrrrrrd 6(071 r Basta of 9@aring 7ha An .5 i/Or'6a' F b L.r nWGl1 AAr o! 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Yt^'J lIr 10 r1vY,uNrvFuy ;rctnr to gYvrwto Prc74;o1 al t.rJ: U3 v01 4� r Abstroot No, 3,2 1n Jefferson County, Toxas, being Lot 1 out of dnd a portion of fhcr certain 74.667 vera tract of land known as Lot J, out of Oupont—Dooumont indusfrlai Sifes SubdNlslon of record in Volurne 15 on P.age 4 of the Deed Records of Jefferson County, Texos, sold 12.526 Gorda being more porticuld* desodbed by metes and bounde, as follows. Beginnln of a 112" Rod w/cap marking on interior point within the said Lot 3, and being south oornor of Lite heroin dersadbed (root; Tnanae along tho courses and distances over and across Mo said Lot 3 with the property lines of the harsin described (root to on interior corner of the sold Lot 3t 1) Thence N 44'07'00° W (bearing basis), 681.88' (call 582,00) to a 112" Rod w/cap found, 2) Thence N 04'07'64" E (call N 04'09'14" t'), 24792' (0011 24789) to a pent 1/2' Rod found, 3) ?hence N 4.5.5439' l: {Gall N 45'53'00" F), 450.05' (call 450,007 to a I/2' Rod w/cap found, 4) Thence S 711007" E (call S 713227" E), 161.20' (coli 132.07') to a 1/2" Rod ry/cop found, 5) Thence S 44'09'11" F (call S 44'07'00" f'), 75.10' (call 76.00 to a 1/2° Rod w%ap found, 6) Thence S 62'4745" E (calf S 8233'045" E), 111.33' (colt 110.68) to o 112" Rod tv/oap found, 7) fhonoe 5 4.3'45'51" E (call S 44'07'00" E), 40,27' (golf 40.00) to 0 1/2' Rod set 8) Thence S 7012149" E (call S 70'19'00' F.), 351.07' (call 351.07) to o 1/2" Rod sqt, 9) Thence S 42'46'27" E (call S 44'07'00" E), 20.30' (call 20.30) to c 1/2" Rod w/cop found marking the east line of Pelham Humphries Leogus, the oast Aas of the J.C. Johnson Survey, Abslroot 10) Thenco S 00'45'20" W with the west line of the sold d.0 Johnson Survsy, the east lino of the said Pelham Humphries League, Abstract No. 32 in lofforson County, Texas for a distance of 79.85' to a 1/2" Rod w1oop found, Monce S 45'62',YJ° ti' (call S 45153100" W), 838,69' (call 838,63') to the polni and place of beginning, cohtotning In area 1.2.828 acres (556,700'Square feet) of land more or less. General Notes., Parking Stalls Portions of this drawing were obtained from existing maps supplied by Dupont Personnel. sub/satIproperly Is ioeoted outside the limits of the City of Beaumont, and within the unfnaorported IWO of Jefferson County, Texas. Access to fhia property Is in common with 000eas to the DuPont property, Lot 1, Lot 2, and Lot 3 shown on Sheets 1-3 are not conflguous to each othdr. Stan 200 dord Stolls s Handicap Stalls Reserved Stalls Basl3 of Roaring Mo beorthg N 44'07'00" tY being the southerly lkv of the called 12,618 care troot of land of record In Volume 843 on Pago 33 of the deed Records of Jefferson County, Texas, was used as 'the Basis of Bcadng' for this survay, Sold southarj lino befog designotcd in sold desoriptlon as N 44'07'00 W, 58200. 123 �01 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial OfficerT-J MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Industrial District Contract with Air Liquide Large Industries U.S., LP. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. In February 2014, Council approved an agreement with Natgasoline LLC whereby 100% tax abatement for payments due in years 2015 through 2024 was provided on all new construction related to a new plant including a methanol unit and a methanol to gas unit. In November 2014, Natgasoline made a partial assignment of the agreement with the City of Beaumont and related abatement to Air Liquide. Air Liquide has entered into a ground lease with Natgasoline and will construct, own and operate an air separation unit (ASU) as part of Natgasoline's methanol project. The assignment is allowed by the existing industrial district agreement between the City of Beaumont and Natgasoline. The new contract will be effective January 1, 2016 and expire December 31, 2024. The Company will receive 100% tax abatement for payments due in 2016 through 2024, on all new construction and improvements to existing land. Payments for each year of the agreement shall be equal to 100% of the Assumed City Taxes Due on any existing real property or improvements during the years of abatement, 2016-2024. A copy of the agreement is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION f 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 an Industrial District Agreement with Air Liquide Large Industries U.S., a Delaware limited partnership. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of § 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "City," and Air Liquide Large Industries US L.P, a Delaware limited partnership, hereinafter called "Company." DCCARAQI C WHEREAS, City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of City, such industrial district being known as City of Beaumont Industrial District (the "District") WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or leases land and improvements which are part of the manufacturing and industrial facilities of Company and/or its Affiliates located within District, such land and improvements (the "Property"). WHEREAS, Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon City and benefits derived by Company by reason of being located immediately adjacent to City. Page 1 EXHIBIT "A" WHEREAS, Company and City desire to base the industrial district payment on assessed value to ensure equity among the companies. WHEREAS, City desires to encourage the addition of new improvements to the Company's property located within the City of Beaumont Industrial District; In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: ARTICLE I. COMPANY'S OBLIGATION 1. The City of Beaumont granted Natgasoline, LLC 100% abatement for a term of 2015 through 2024, on all new construction and improvements to existing facilities on the herein described property. In November 2014, Natgasoline made a partial Assignment of the abatement to Company through which after executing a ground lease with Natgasoline, Company will construct, own, and operate an air separation unit ("ASU") as part of Natgasoline's methanol project. The estimated value of the ASU is $115 million. Such an assignment was allowed by the industrial district agreement between the City of Beaumont and Natgasoline. 2. The Company will receive 100% tax abatement for payments due in the years of 2016 through 2024, on all new construction and improvements to existing land herein described as property. The abatement does not include the value of the existing property owned by Company and in the City's extraterritorial jurisdiction related or unrelated to this new construction. Company shall be responsible for the payment of ad valorem taxes based upon the existing value of the property and improvements Page 2 currently existing on property leased from Natgasoline or any other unrelated property in the ETJ as determined by the Jefferson County Appraisal District. 3. Company will make an annual payment to City on or before February 1St of each such year computed based on 100% of the Assessed Value of the Company's facilities and property, real, personal, and mixed, located on Company's land covered by this Agreement (herein "the property") as provided herein (the "Annual Payment") .Upon expiration of the abatement period, the Annual Payment shall include all property covered by this Agreement. 4. "Assessed Value" means the 100% valuation of Company Property and improvements thereon as determined by the Jefferson County Appraisal District for the previous tax year. 5. "Assumed City Taxes Due" means the number obtained by the following formula: Assessed Value Less Improvement Value Subject to Abatement / 100 x Current City Tax Rate = Assumed City Tax Due 6. In October of each year the Finance Officer for City shall obtain the most recent Assessed Value as set by the Jefferson County Tax Appraisal District and such valuation shall be used for the Annual Payment due the following February; by way of Page 3 example, October 2015 Assessed Values would be used for the February 1, 2016 payment. If the assessed values are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. 7. Payments for each year of the agreement shall be equal to 100% of the Assumed city Taxes due, as defined above, on real property during the years of abatement, 2015 through 2024. City shall bill Company for payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year. Upon receiving the final payment, the Finance Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to City had Company been in the city limits of City will be recaptured and paid to City within 60 days of any such event. Page 4 PROPERTY COVERED BY AGREEMENT This Agreement will reflect the intention of the parties hereto that this Agreement shall govern and affect the properties of Company and/or its Affiliates (facilities, real, personal, and mixed) located on the Property more particularly described in Exhibit "A", which are within the extra -territorial jurisdiction of the City of Beaumont. "Affiliates" shall mean any entity owned entirely or in part by Company. ra_birar�r SALE BY COMPANY (a) Company shall notify City of any sale of any or all of Company's facilities to any person or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to City as provided under this Agreement. Accordingly, and as to payments due under this Agreement, no such sale shall reduce the amount due City under this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes with City that provides for a continuation of like payments to City. (b) Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in the Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its Page 5 obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. ARTIrl G I\/ CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with state law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation becomes final with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as Page 6 to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all costs of such action being borne equally by the City and by the said Company or companies with Company's portion allocated on the basis of Assessed Values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTIrl G \/ TERMINATION FOR BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either Page 7 party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTI('_I F 1/1 AH -ILIA I t5 The benefits accruing to Company under this Agreement shall also extend to Company's "parent," "affiliates" and to any properties owned or acquired by said parent and affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its parent and/or affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. The word "parent" as used herein shall mean all companies which directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) of the stock having the right to vote for the election of directors of Company. Page 8 2024. ARTICLE VII. TERM OF AGREEMENT The term of this Agreement shall be for nine (9) years, expiring December 31, NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by certified mail addressed as follows: TO CITY City of Beaumont Attn: City Manager 801 Main Street Beaumont, Texas 77704 TO COMPANY Air Liquide Large Industries US L.P. Attn: Vice President Gulf Coast Pipeline 9811 Katy Freeway, Suite 100 Houston, Texas 77024 Page 9 IN WITNESS THEREOF, this Agreement, consisting of ten pages plus Exhibit "A" is executed in duplicate counterparts as of this day of —12015. ATTEST: Tina Broussard City Clerk ATTEST: Page 10 City of Beaumont Kyle Hayes City Manager Air Liquide Large Industries US L.P C TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution approving the award of a contract to Reeder Distributors, Inc., of Fort Worth, Texas in the amount of $69,990 for purchase and installation of one (1) heavy duty hydraulic lift set and accessories for use by the Fleet Management Division. BACKGROUND At present, the Fleet Management Division is in need of a safe method of lifting heavy trucks and apparatus for repair and maintenance. The proposed Stertil-Kori lift consists of six (6) adjustable hydraulic column lifts capable of a total lift capacity of 111,000 lbs. The vehicle is supported on its suspension, providing a safe working environment. The individual units are semi-portable and may be stored out of the way when not in use. Installation is provided by the vendor and included in the quoted price of the unit. Pricing was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. The units and accessories are warranted for a period of five (5) years. Service and support are provided by the Reeder distributor. FUNDING SOURCE Fleet Management Fund. RECOMMENDATION Approval of resolution. Purchase of Hydraulic Lift November 23, 2015 Page 2. Qty Description Unit Price Total 1 Set of 6 Column Lifts $57,695.00 $57,695.00 6 Heavy Duty Support Stands $695.00 $4,170.00 1 Transmission Jack $6,250.00 $6,250.00 1 Freight $1,875.00 $1,875.00 TOTAL $69,990.00 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT.- THAT the City Council hereby approves the award of a contract for the purchase and installation of one (1) heavy duty hydraulic lift set and accessories for use by the Fleet Management Division to Reeder Distributors, Inc., of Fort Worth, Texas, in the amount of $69,990 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - FC BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director -Ix✓ MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Allco Inc., for the Tennis Clubhouse in the amount of $58,867.85. - i §TX1Ttc111J!M l On December 17, 2013, by Resolution No. 13-284, City Council awarded Allco, Inc., of Beaumont, Texas a contract for the construction of a new Tennis Clubhouse at the Athletic Complex in the amount of $1,144,700. There were a total of three (3) change orders in the amount of $32,656.72 during the construction process which resulted in a final contract price of $1,177,356.72. The project has been inspected by the Engineering and Facilities Maintenance Divisions and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $58,867.85 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO.13-284 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 contract with Allco, Inc., of Beaumont, Texas, in the amount of $1,144,700 for the construction of a new Tennis Clubhouse at the Athletic Complex. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of December, 2013. ���;U3.1nC� Mayor Prb Tem Wright - RESOLUTION NO. 14-103 WHEREAS, on December 17, 2013, the City Council of the City of Beaumont, Texas passed Resolution No. 13-284 awarding a contract in the amount of $1,144,700 to Allco. Ltd., Beaumont, Texas, for the construction of a new Tennis Clubhouse at the Athletic Complex; and, WHEREAS, Change Order No. 1, in the amount of $32,656.72, is required to revise the electrical service to include a new concrete transformer pad; additional electrical and data in the clubhouse; an additional hub drain for the countertop ice machine; and, door hardware revisions, thereby increasing the contract amount to $1,177,356.72; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $32,656.72, thereby increasing the contract amount to $1.177,356.72 for the construction of a new Tennis Clubhouse at the Athletic Complex. 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of May ��....I 10 ....r_ f ll 04or Becky AL es - CHANGE ORDER PROJECT: City of Beaumont Athletic Complex CHANGE ORDER NO: 1 Tennis Clubhouse- Pro Shop/Restroom Building CONTRACTOR: Allco DATE: 04.29.14 P.O. Box 3827 ARCHITECT'S PROJECT # 12006 Beaumont, Texas 77704 CONTRACT DATE: 01.17.14 CONTRACT FOR: New Construction /Additions The Contract is changed as follows: 1. Hardware Revisions to doors 117, 118, and 119 as requested ...................................... $1,014.30 **See attached documentation on Contractor's Change Proposal #1 ** 2. Additional Work as shown on Drawings ME -1.0111, ME-2.OR1, ME -2.1R1, ME-4.OR1, ME -4.1R1, ME-6.OR1. This Work includes a revised electrical service including a new concrete transformer pad, additional electrical and data in the clubhouse, and an additional hub drain for the countertop ice machine...................................................................................................................$31,642.42 **See attached documentation and below additional 5 calendar days on Contractor's Change Proposal #2** Total Change Order ...................$32,656.72 Not valid until signed by the Owner, Architect, and Contractor. The original Contract Sum was... .................................................................................................. $1,144,700.00 Net change by previously authorized Change Orders.................................................................................... $0.00 The Contract Sum prior to this Change Order was......................................................................... $1,144,700.00 The Contract sum will be increased by this Change Order in the amount of .......................................$32,656.72 The new Contract Sum including this Change Order will be ........................................................... $1,177,356.72 The Contract Time will be increased by five (05) days. The date of Substantial Completion as of the date of this Change Order therefore is September 01, 2014. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive. The LaBiche Architectural Group 7999 Gladys Avenue�uj e 101 �7 Beaumont, T*as By: i 5 • ��i i ISI �II,,h Allco P.O. Box 3684 Beaumont, Texas 77704 q_�� By: Date: City of Beaumont P.O. Box 3827 Beaumont, Texas 717704 By: L'_f L Date:'" 7 - / `7 CHANGE ORDER PROJECT: City of Beaumont Athletic Complex CHANGE ORDER NO: Tennis Clubhouse- Pro Shop/Restroom Building CONTRACTOR: Allco DATE: P.O. Box 3827 ARCHITECT'S PROJECT # Beaumont, Texas 77704 CONTRACT DATE: CONTRACT FOR: The Contract is changed as follows: 1. Time Extension Request **See attached documentation on Contractor's Change Request** Not valid until signed by the Owner, Architect, and Contractor. 07.14.14 12006 01.17.14 New Construction /Additions The original Contract Sum was........................................................................................................ $1,144,700.00 Net change by previously authorized Change Orders...........................................................................$32,656.72 The Contract Sum prior to this Change Order was......................................................................... $1,177,356.72 The Contract sum will be increased by this Change Order in the amount of ................................................ $0.00 The new Contract Sum including this Change Order will be ........................................................... $1,177,356.72 The Contract Time will be increased by nineteen (19) days. The date of Substantial Completion as of the date of this Change Order therefore is September 22, 2014. NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive. The LaBiche Architectural Group 7999 Gladys Avenue, Suite 101 Beai By: Date Allco P.O. Box 3684 Beaumont, Texas 77704 By: Date: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 By: Date: 7 - 2. ? - / q �I • i � i III,1 , 9,,y\\\\ �P�_ ,��•1 Allco P.O. Box 3684 Beaumont, Texas 77704 By: Date: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 By: Date: 7 - 2. ? - / q ALLCO, LLC TIME EXTENSION Request No. CHANGE ORDER REQUEST Allco LLC Job No. TX -743 NAME OF PROJECT: City of Beaumont - Tennis Pro Shop CITY: Beaumont STATE: Texas Architect's Job No. 12006 COMPLETION TIME: CONTRACT TIME 210 ORIGINAL CONTRACT COMPLETION DATE: 8-26-2014 DATE REASON FOR LOST TIME 1-29-2014 winter storm warning, all roads were frozen 2-04-2014 Raincd all day 2-10-2014 Rained yesterday evening and last night. Too wet to work 2-11-2014 Rain this morning too wet to work 2-12-2014 Too wet to work and dirt pit is not open today 2-21-2014 2-24-2014 Rained last night approx half an inch site is too wet to work. Pumped water only Rained over weekend site too wet to drill 2-26-2014 3-03-2014 Raining all day site to wet to work Rained over weekend too wet to start plumbing and elect rough inn 3-04-2014 Raining all day 3-05-2014 too wet to work more rain coming 3-06-2014 too wet to work. raining 3-24-2014 4-15-2014 raining too wet to work/ rained last night 5/8 inch rained yesterday aftemoon/too wet to work 5-13-2014 rained all day / scattered showers 5-14-2014 raining / too wet to work 5-27-2014 rained 1 '/z inches today 5-28-2014 6-25-2014 too wet to work/ more rain expected 2 '/2 inches today total rained out — 1-1/2" expected 19 Total of 19 Days of Weather Extensions through June 30, 2014 5 Added for Electrical Change Order CCP -02 (Approved on CO #01) REVISED COMPLETION DATE - SEPTEMBER 22, 2014 PREPARED BY: James Foun Run 10JUL14 Project Datadate txWUN14 City of Beaumont - Tennis Clubhouse Data date 30JUN14 © Primavera Systems, Inc. Activity Orig Rem Early zola ID Description Dur Dur Start 17-010311EI171241trSlILIIII lillull 00 - Start-up/General 00000003 Pre -Construction Conference 1 100 0 27JAN14 t re -Construction Conference I 00000000Summary Planned Calendar Days 266-1 57 114 '1 29JAN14 , - maryPlanned Calend OOD00001 Notice to Proceed 0 100 0 29JAN 14 Notice to Proceed Li ! ! ; i ' 00000007 ro'ect la uticontrols 2 100 0 29JAN14 project IapxlVCortrols 00000013 SWPPP 2 100 0 29JAN14 SWPPP 3000111 dela as of a3/3 /14 24 0 24 30JU N 14 -as of0/30h 4 02 - Completion 90000911 ins tions/corrections 10 0 10 200CT14 ' ' ' li�,inspections/corrections 90000921 Substantial Completion 0 01 ®Substantal Completion. 30 - Building. 30020111 sitewbrk 10 100 0 03FEB14 ® sitework 30151111 electrical/plumbing rowh-in--ua 10 100 01 17FEB14 electrical/plumbing rough -In --ug 30030111 drilled viers--drill/reinf/conc 5 100 D 26FEB14 drilled plats--drllVrelnf/cont 30030121 bld sl n rade--form/reinf/conc 20 100 0 13MAR14 bldg slab on-grade-forrtJreinf/co 30030141 rches slab on rade 5 100 0 04APR14 ® porches slab -on -grade 30040101 CMU walls 15 100 0 23APR14 CM walls 30151121 umb rou hin--to out 16 85 3 23APR14 ingroughin top out tricalTouc hin--toa-out 30060111 wood framing 2511001 01 07MAY14 woofram ng 1 30070111 roof/wall sheathe /d in 5 100 0 01JUN14 r f/wall sheathing/dry- n 30060121 cement board sidin /soffitsRrim 15 751 41 11JUN14 mentboard•sidir"ffitsttHrn 10 10 9 30.1UN14 V CCmEigh-in--ductworlinsulaborVpiping 30155111 HVAC _ 30090131 e)derior Daint 151 0 15 07JUL14 30090121 drwid 1 15 0 15 10JUL14 drywralt 30090161 interior finishe - ti •nt/ac usc ceili 25 0 25 22JUL14;nterlor finishes paint'acoustic ceiling 30090141 blown -in bldq insulation20 0 20 29JUL14 t�irrbldg-instrtatiorr � I � onry-dampproofinglnsula/brick 30040111 mason -da roofin /insulalbrick 35 0 35 O1AUG14 s 30090151 15 0 15 20AUG14 ramie the Lcerarrfic t I, 30070121 metal roof- -roofi lfascia/trim 20 0 20 22AUG14 roof r000ng/fascialtrim 30080131 windows &storefronts 10 0 10 29AUG14 windows &storefronts 30151131 M P fiat r & trim 20 0 20 09SEP14 EP f�dures &trim cabinets & millwork 30120111 cabinets & millwork 15 0 15 12SEP14 30040121 mason fence 15 0 15 15SEP14 sonry@fence , 30080111 Interior doors/finish hardware 15 0 15 15SEP14 Interior doors/finish hardware ks--fornUrei rd/cone 30030131 sidewalks - -for m/reinf/cortc 15 0 15 22SEP14 30090171 resilient floorin /base 15 0 15 24SEP14 esiliennial chainlink , GiFornamental &chainlinkfencing F 121 ornamental & chainlinkfenci no & Q ates 5 0 5 06OCT14 0 -foodservice equipment 30110111 foodservice equipment 2 0 2 130CT14 final cleaning 90000111 final cleanin 5 0 5 13OCT14 Date Revision Checked Approved Data date 30J N14 0 Earlybar ♦ Progress point ALLCO IW_ Start date 29JAN14 _ _Total float bar ♦ Critical point 30JUN14 W43r05 J UNE 14 is nr _ 6720 College Street A L Finish date 31 14 Beaumont TX 77706 Percent coin let 5 ® Progress bar ® %mmarypoint aoss�aaas9 Witfinis date Q Critical bar ® Start milestone,point a!ico@>a°co•com c nrnavera Systems, nc. �Sunmarvbar ® Finish mllestorlepoint CHANGE ORDER PROJECT: City of Beaumont Athletic Complex Tennis Clubhouse- Pro Shop/Restroom Building CONTRACTOR: Allco P.O. Box 3827 Beaumont, Texas 77704 The Contract is changed as follows: CHANGE ORDER NO DATE: ARCHITECT'S PROJECT # CONTRACT DATE: CONTRACT FOR: 1. Concrete Resurfacing **See attached documentation for breakdown description onY Total Change ....... $0.00 Not valid until signed by the Owner, Architect, and Contractor. 01.07.15 12006 01.17.14 New Construction /Additions Theoriginal Contract Sum was........................................................................................................ $1,144,700.00 Net change by previously authorized Change Orders...........................................................................$32,656.72 The Contract Sum prior to this Change Order was......................................................................... $1,177,356.72 The Contract sum will be increased by this Change Order in the amount of ................................................ $0.00 The new Contract Sum including this Change Order will be ...............................................:........... $1,777,356.72 NOTE: The summary does not reflect changes in the Contract Sum or Contract Time which have been authorized by Construction Change Directive_ The LaBiche Architectural Group 7999 Gladys Avenue, Suite 101 Beaumont, Te s 7770 By: Date: Allco P.O. Box 3684 Beaumont, Texas 77704 By. f� ),&.4,2,Q Date: t /'L0 J ) .r City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 By: Date: /- 2 3 - S- Concrete Resurfacing Specialties 4595 Detroit - Beaumont, TX 77703 (409)892-8201 Customer Name Address City Phone City of Beaumont 801 Main St. Suite 200 Beaumont State tx ZIP 77701 880-3725 Proposal / Invoice Contract Job Info Date 116/2015 Invoice No. Rep Qty/Sq Ft Description Unit Price TOTAL Grind out all existing cracks,pressure wash concrete,repair cracks with urethane, Texture concrete with Sundek cement coating in Franciscan tan color. 3312 All walkways and patios around Tennis Complex Building. $ 2.25 $ 7,452.00 Building to be protected from spray with tape and paper. Three year warranty on bonding and against chipping flaking peeling. SubTotal $ 7,452.00 Shipping Payment Check Tax Rate(s) Check # TOTAL $ 7,452.00 Name Expires Comments payment on completion All material is guaranteed to be as specified. Due to inherent movement in concrete and wooden structures, no guarantee, either expressed or implied is hereby granted concerning cracks in coating materials or indentations in surface materials causing low spots in the affected area. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate and agreements. Authorized Signature Concrete Resurfacing Specialties Authorized Client Signature APPLICATION AND CERTIFICATE FOR PAYMENT TO(Owner): City of Beaumont 801 Main Street, Ste. 201 Beaumont, Texas 77701 FROM(Contractor): Allco PROJECT: Tennis Clubhouse Athletic Complex AIA DOCUMENT G702 APPLICATION NO.: PERIOD FROM: TO: INVOICE NO: OUR JOB NO.: PAGE I OF 2 9 Distribution to: OWNER 1 -Nov -14 ARCHITECT 30 -Nov -14 ENGINEER CONTRACTOR 7405 TX -743 P.O. Box 3684 CUSTOMER'S Beaumont, Texas 77704 PROJECT NO: 12006 CONTRACT DATE: 1/1712014 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner Total Additions Deductions - Approved this Month 32,656.72 - Number Date Approved I May 2014 2 July 2014 Totals 32,656.72 Net change by Change Orders 32,656.72 The undersigned Contractor certifies that to the best of his knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the gamer, and that current payment shown herein is now due. CONTRACTOR: Allen Date: 30 -Nov -14 W. Harrison, President ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents based on on-site observations and the data comprising the above application, the Architect certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents; and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. The present status of the account for this Contract is as follows ORIGINAL CONTRACT SUM Net Change by Change Order CONTRACT SUM TO DATE TOTAL COMPLETED & STORED TO DATE (Column H on G703) RETAINAGE or total in Column I on G703 TOTAL EARNED LESS RETAINAGE LESS PREVIOUS CERTIFICATES FOR PAYMENT CURRENT PAYMENT DUE State of: TEXAS County of Subscribed an to bef r tbjs OAth d2 -Ni LNov, 14. Notary My Commission expjres: leYpril 12, 2015 1,144,700.00 32,656.72 1,177,356.72 1,177,356.72 1,177,356.72 1,118,488.87 58,867.85 ----------------- =Fj MARY BETH DELORD Notary Public, State Of Texa_ �� My Commission Expires - —nA 12 2n15 AMOUNT CER D 14 (Attach cxplana6 f t f differs from the amount applied for.) ARCHITECT By: Date: % Z This Certifleate is not negotiable. The AMOUNT CERTIFIED is yable ly to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. AIA DOCUMENT G703 APPLICATION NO: 9 APPLICATION DATE: 30 -Nov -14 PERIOD FROM: I -Nov -14 TO: 30 -Nov -14 P'f!CT PROTPrTNn• 7146.00 g C D E F G H I ! K Item No. Description of Work Scheduled Value Work Completed Total Completed and Stored to Date (E+F+G) % (G/D) Balance to Finish (D -H) Retainage Previous Applications This ApAication Work in Place Stored Material (not in E or F) 01 GENERAL REQUIREMENTS General Conditions Insurance Bonds Windstorm Certification 91,743.09 5,000.00 14,775.04 3,000.00 91,743.09 5,000.00 14,775.04 3,000.00 91,743.09 5,000.00 14,775.04 3,000.00 100% 100% 100% 1000/6 03 CONCRETE Building Foundation Sidewalks 78,289.24 3,848.00 78,289.24 3,848.00 78,289.24 3,848.00 100% 100% 04 MASONRY Masonry 205,000.00 205,000.00 205,000.00 100% 06 WOOD AND PLASTICS Wood Framing - Material Wood Framing - Labor Casework & Countertops 37,965.75 42,949.08 43,662.00 37,965.75 42,949.08 43,662.00 37,965.75 42,949.08 43,662.00 100% 100% 100% 07 THERMAL AND MOISTURE PROTECTION Building Insulation Standing Seam Roofing Cement -fiber Soffits/Sidingrrrim - Material Cement -fiber Soffits/Sidingrfrim - Labor 11,654.00 69,000.00 9,979.56 7,561.26 11,654.00 69,000.00 9,979.56 7,561.26 11,654.00 69,000.00 9,979.56 7,561.26 100% 100% 100% 100% 08 OPENINGS Page 2 of 5 CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. AIA DOCUMENT G703 APPLICATION NO: 9 APPLICATION DATE: 30 -Nov -14 PERIOD FROM: 1 -Nov -14 TO: 30 -Nov -14 CUST. PROJECT NO: 7,346.00 B C D E F G H I I J K Work Completed Total Completed Item Description of Work Scheduled and Stored % Balance Retainage This Ap 3lication Work in Place Stored Material No. Value Previous to Date (G/D) to Finish Applications (not in E or F) (E+F+G) (D -H) H.M. Doors/Frames/Hardware - Material 4,982.00 4,982.00 4,982.00 100% H.M. Doors/Frames/Hardware - Labor 909.00 909.00 909.00 100% Wood Doors - Material 2,491.00 2,491.00 2,491.00 100% Wood Doors - Labor 468.00 468.00 468.00 100% Aluminum Entrances & Storefronts 52,243.00 52,243.00 52,243.00 100% Door Hardware 9,133.00 9,133.00 9,133.00 100% Door Hardware - Labor 1,827.00 1,827.00 1,827.00 100% 09 FINISHES Drywall /ACT/Paintino 33,223.00 33,223.00 33 223.00 100% - Ceramic Tile 24,758.10 24,758.10 24,758.10 100% Carpet & Resilient Base 12,013.54 12,013.54 12,013.54 100% 10 SPECIALTIES Exterior Display Cases 1,795.00 1,795.00 1,795.00 100% Signage & Lettering 2,360.00 2,360.00 2,360.00 100% Toilet Partitions 5,087.80 5,087.80 5,087.80 100% Toilet & Bath Accessories 7,594.16 7,594.16 7,594.16 100% Fire Extinguishers & Cabinets 540.00 540.00 540.00 100% Lockers 6,845.00 6,845.00 6,845.00 100% 11 EQUIPMENT Foodservice Equipment 16,455.00 16,455.00 16,455.00 100% 12 FURNISHINGS Window Blinds 1,360.00 1,360.00 1,360.00 100% Page 3 of 5 CONTINUATION SHEET AIA DOCUMENT G703 AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. APPLICATION NO: 9 APPLICATION DATE: 30 -Nov -14 PERIOD FROM: 1 -Nov -14 TO: 30 -Nov -14 (`T[ST PRr1TFCTN(b 7.346M B C D E F G H I I K Item No, Description of Work Scheduled Value Work Completed Total Completed and Stored to Date (E+F+G) % (GID) Balance to Finish (D -H) Retainage Previous Applications This Ap Gcation Work in Place Stored Material (not in E or F) 22 PLUMBING Plumbing 84,840.00 84,840.00 84,840.00 100% 23 HVAC HVAC 41,245.00 41,245.00 41,245.00 100% 26 ELECTRICAL Electrical 148,195.00 148,195.00 148,195.00 100% 28 ELECTRONIC SAFET AND SECURITY Fire Alarm 8,272.83 8,272.83 8,272.83 100% 31 EARTHWORK Earthwork Soil Treatment 34,151.82 682.89 34,151.82 682.89 34,151.82 682.89 100% 100% 32 EXTERIOR IMPROVEMENTS Fences & Gates - Foundation Fences & Gates Landscaping & Irrigation 2,080.84 9,700.00 7,020.00 2,080.84 9,700.00 7,020.00 2,080.84 9,700.00 7,020.00 100% 100% 100% - CHANGE ORDERS C.O. #1 - Changes to Elec. Service and Door Hardware C.O. #2 - Add 19 weather delay days 32,656.72 32,656.72 - 32,656.72 - 100% ' Page 4 of 5 CONTINUATION SHEET AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification is attached. AIA DOCUMENT G703 APPLICATION NO: 9 APPLICATION DATE: 30 -Nov -14 PERIOD FROM: 1 -Nov -14 TO: 30 -Nov -14 !'r TCT PTIOTPrT WO- 7.146 N1 B C D E F G H I J K Item No. Description of Work Scheduled Value Work Completed Total Completed and Stored to Date (E+F+G) a (G/D Balance to Finish (D -H) Retainage Previous Applications This Ap 3lication Work in Place Stored Material (not in E or F) Totals 1,177,356.72 1,177 356.72 - 1,177,356.72 100% Page 5 of 5 RESOLUTION NO. WHEREAS, on December 17, 2013, the City Council of the City of Beaumont, Texas passed Resolution No. 13-284 awarding a contract in the amount of $1,144,700 to Allco, Inc., of Beaumont, Texas, for the construction of a new Tennis Clubhouse at the Athletic Complex; and, WHEREAS, on May 6, 2014, the City Council of the City of Beaumont, Texas passed Resolution No. 14-103 authorizing Change Order No. 1, in the amount of $32,656.72, to revise the electrical service to include a new concrete transformer pad; additional electrical and data in the clubhouse; an additional hub drain for the countertop ice machine; and, door hardware revisions, thereby increasing the contract amount to $1,177,356.72; and, WHEREAS, on July 28, 2014, the City Manager executed Change Order No. 2, in the amount of $0.00, for an extension of time request, thereby having no affect on the contract amount of $1,177,356.72; and, WHEREAS, on January 23, 2015, the City Manager executed Change Order No. 3, in the amount of $0.00, for concrete resurfacing, thereby having no affect on the contract amount of $1,177,356.72; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; 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 Tennis Clubhouse at the Athletic Complex be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $58,867.85 to Allco, Inc., of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant. BACKGROUND On a yearly basis since 1980, the City has contracted with an organization to provide legislative service on the federal level. Mr. Chris Giglio, as the City's Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration, and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. Staff is very pleased with the professionalism and high quality of service provided by Capital Edge. A letter from Mr. Giglio and the proposed contract are attached for your review. The contract amount of $68,400 remains the same as last year. The contract also includes a maximum of $4,000 for reimbursable expenses. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. 9 1- __ Capita I Edge November 30, 2015 Mr. Kyle Hayes City Manager P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: Please consider this a formal request for a twelve month renewal of our contract with the City for federal lobbying and information services. Our current agreement expires on December 31 and we do not seek any changes to the current agreement. While congressional activity continues to move at a slow pace, we believe that there are many benefits to Beaumont in maintaining an everyday presence in Washington, DC. Extremely tight budget caps and a continued focus on deficit reduction make it particularly important to educate Congress on the importance of cost-effective federal programs — in areas such as community and economic development, law enforcement, and transportation -- that assist Beaumont residents. For example, as Congress looks to reauthorize federal highway and transit programs, we have promoted changes to current law that provide a higher percentage of federal highway funds to metropolitan areas, as well as restoring funds to the federal bus capital program that was reduced by more than half in 2012. In addition, we are hopeful that a proposal to essentially eliminate spending for the HOME program at HUD in the FY 2016 budget has been reversed. Other items that we will advocate for in the coming year include the enactment of the Marketplace Fairness Act, which could provide almost $1.8 billion annually for the state of Texas in uncollected sales taxes on out-of-state online sales and level the playing field for local businesses that have always had to charge sales taxes. We also hope to provide any assistance necessary to advance construction of the Corps of Engineers -sponsored deepening of the Sabine - Neches Ship Channel. Finally, as Rep. Kevin Brady takes charge of the House Ways and Means Committee, we hope that we can continue to protect the tax-exempt status of municipal bonds as his panel looks to take on comprehensive tax reform in 2016. As always, it has been a pleasure to serve the City of Beaumont in Washington, and we are grateful for your guidance and that of the Mayor and City Council. Please feel free to contact us with any questions you may have about our services. Sincerely, 6 �%�. Christopher F. Giglio AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND CAPITAL EDGE ADVOCACY, INC. 1212 NEW YORK AVENUE, NW - SUITE 250 WASHINGTON, D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Capital Edge Advocacy, Inc. (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. L Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff, office space, utilities, furnishings, and equipment, common -use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont, Texas; C. As Washington Assistant the Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City of those items which may have a bearing on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as may be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of City Managers and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; 1 E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. H. Obligations of the City of Beaumont, Texas \. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; 2 B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments, Council agenda and proceedings, newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for expenses incurred on behalf of the City pursuant to the duties of Paragraph I as approved by the City Manager subject to the provisions of Paragraph IV; III. The City of Beaumont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement: A. The Consultant.• Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J, above; Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. IV. Compensation The cost of service will be $68,400.00 for twelve months, payable in advance, in equal monthly installments of $5,700.00 commencing on the first day of January, 2016. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph II, Subparagraph D. 3 V. Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days' notice in writing of such termination. IN WITNESS WHEREOF: ATTEST Christopher F. Giglio, Capital. Edge Advocacy, Inc. Kyle Hayes, City Manager 4 DATE RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute an annual agreement with Capital Edge Advocacy, Inc. to serve as the City of Beaumont's Washington Assistant in the amount of $68,400, with an additional maximum of $4,000 for reimbursable expenses. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution authorizing the execution of an Air Monitoring Site Agreement with the Texas Commission on Environmental Quality (TCEQ). BACKGROUND The Texas Commission on Environmental Quality (TCEQ) has requested the City of Beaumont permit land located at 595 Royal Street to operate a continuous air monitoring station. The station requires approximately 400 square feet (20x20) of ground space covered with a site pad. TCEQ arranges and pays for phone and electrical installation and service. The equipment will be installed on the southeast corner of Neches Street and Craig Street. TCEQ shall make repairs and/or replace any property damaged by the TCEQ's operations conducted at the site. The term of this Agreement is for five (5) years from the date the Agreement is executed, and at the end of the term, the Agreement automatically renews for an additional five (5) year period unless a written Notice of Termination is provided by either party. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. Bryan W. Shaw, Ph.D., P.E., Chairman �Q,TE OF Toby Baker, Commissioner ,C� f Richard A. Hyde, P.E., Executive Director x Texas Commission on Environmental Quality Protecting Texas by Reducing and Preventing Pollution Air Monitoring Site Agreement 582-16-61669 The City of Beaumont (hereafter the "Licensor") hereby agrees to permit the Texas Commission on Environmental Quality (hereafter the "Licensee" or the "TCEQ") to locate and operate a continuous air monitoring station on land owned by the Licensor at 525 Royal Street. Beaumont, TX 77701 (the "Property"). In consideration for such permission, the TCEQ shall provide the Licensor full access, via the TCEO web page (http://www17.tceq.texas.gov/tamis/index.cfm?fuseaction=report.site_list), to the monitoring information gathered by TCEQ from the air monitoring station situated at the Property. The term of this Agreement is five years from the date this Agreement is executed, and at the end of the term, this Agreement automatically renews for additional five-year periods thereafter, unless written Notice of Termination is provided by one of the parties. 1. Equipment Site Location at the Property ("the Site") The equipment is on the southeast corner of Neches St. and Craig St. seen in Exhibit A, with an address 525 Royal Street. Beaumont, TX 77701. 2. Air Monitoring Equipment The proposed method of monitoring is with a continuous air monitoring system housed in an aluminum shelter, plus auxiliary equipment outside the trailer, including a 4.5 -meter weather tower. The station requires approximately 400 square feet of ground space covered with a site pad (e.g., six inches of limestone). The trailer is environmentally controlled and contains instrumentation as deemed appropriate by the TCEQ as well as peripherals required for the proper operation of the instruments. 3. Provision for Utilities The TCEQ arranges and pays for phone and electrical installation and service. 4. Occupation of the Station The station is normally unmanned, except for routine maintenance visits by TCEQ staff, agents or contractors (except for visits described under Section 5, "Right of Access") occurring approximately twice a week. Beaumont -Royal Air Monitoring Site Agreement Page 1 of 4 EXHIBIT "A" 582-16-61669 5. Right of Access The TCEQ, its employees, agents, and equipment service contractors have the right of ingress and egress to the property, during regular working hours and when issues related to the site arise, including equipment and utility malfunctions and emergencies, at the direction of the Licensor's or its staff maintaining or in possession of the property, subject to the Licensor's property management policies and practices, and not inconsistent with the Licensor's primary use of the Property and other operations incident thereto. 6. Liability and Indemnity The TCEQ acknowledges that it is not an agent, servant, or employee of the Licensor, and that it is responsible for its own acts and deeds and for those of its agents, servants or employees to the extent provided by the Texas Tort Claims Act, Civ. Rem & Prac. Code' Title 5 Chapter 101 (Vernon's 2000), provided the legislature appropriates funds to satisfy any such claims. Any provision in this Agreement creating a debt against the State is void ab initio. Further, in no way do the foregoing declarations waive the State's sovereign immunity. 7. Restoration of Property The TCEQ shall make reasonable repairs and/or replace any property of the Licensor damaged by the TCEQ's operations conducted at the Site, to the extent funds are made available by the Texas Legislature for such purpose. Upon removal of the TCEQ equipment, and at the request of the Licensor, the TCEQ shall restore the Site to the condition it was in prior to the installation of the monitoring equipment, to the extent funds are made available by the Texas Legislature for such purpose. If the Licensor requests that TCEQ leave any items in place, such as the site pad, the Licensor will be solely responsible for the items left in place, in the condition that they are left in place. 8. Equipment to Remain the Property of the TCEQ All equipment installed at the Site to support TCEQ's air monitoring operations (whether or not said equipment constitutes a fixture under Texas Property Code) shall remain the property of the TCEQ. 9. Notice of Termination If the Licensor wishes to terminate this Agreement and reclaim possession and use of the Site, the Licensor shall give the TCEQ 45 days written Notice of Termination. Under such circumstances, Licensor shall make a reasonable effort to assist TCEQ in locating an alternative Site in the general vicinity. The TCEQ may also terminate this Agreement upon 30 days written notice to the Licensor. 10. Removal of Equipment Within 60 days of receiving Notice of Termination of this Agreement, the TCEQ shall remove any equipment placed at the Site pursuant to this Agreement and restore the site to the condition it was in prior to the installation of the equipment as agreed to above. Beaumont -Royal Air Monitoring Site Agreement Page 2 of 4 582-16-61669 11. Sovereign Immunity The parties agree that by entering into this Agreement sovereign immunity is not being waived by either party as to suit, liability, and/or the payment of damages. The parties agree that all claims, suits, or obligations arising under or related to this Agreement are subject and limited to the availability of funds appropriated by the Texas legislature or the governing body of Licensor for that respective claim, suit, or obligation. 12. Severability The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the Agreement will continue to be binding on both parties. Any provision that is held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the original provision. 13. Entire Agreement This Agreement constitutes the entire agreement of the parties as to the subject matter contained herein and may not be changed, modified, discharged, or extended except by written instrument duly signed by both of the parties. IN WITNESS WHEREOF, TCEQ and Licensor have signed this Agreement. Texas Commission on Environmental Licensor Quality By: By: Signature Signature Richard C. Chism Printed Name Director, Monitoring Division Title Printed Name Title Date Signed Date Signed Beaumont -Royal Air Monitoring Site Agreement Page 3 of 4 Jl- 06-, 1IL'i R ' Mw � is • No Text 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 five (5) year Air Monitoring Site Agreement, with an option to renew for a period of five (5) years, between the City of Beaumont and the Texas Commission on Environmental Quality (TCEQ) to permit TCEQ to locate and operate a continuous air monitoring station on land located at 525 Royal Street. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - L 1 00-141111111 111111 111 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with Discovery Benefits, Inc., for Flexible Spending Accounts (FSA) administration. BACKGROUND The City currently has 220 employees who take advantage of Flexible Spending Accounts (FSA). FSAs allow the City to offer a low-cost benefit that meets employee needs in critical benefit areas. Using these accounts, an employee can set aside a portion of wages before Social Security and Medicare taxes (7.65%) to be used for qualifying medical and dependent care expenses. The City does not pay the matching Social Security and Medicare taxes (7.65%) on the wages. Since 2010, the City has outsourced the administration of the FSAs due to the complex IRS regulations and legislative changes as well as privacy issues that are associated with them. Holmes Murphy Associates, Inc. conducted a bid for third party administration of the FSAs. Discovery Benefits and TASC responded. Discovery Benefits, the City's current provider, held the pricing the same as that of the current contract which is $4.50 per employee per month or total annual premiums of $11,880. TASC proposed the same fees. Discovery Benefits has successfully administered the accounts by providing debit cards to those employee participants, ensuring all medical expenses submitted are in compliance with the regulations as well as online claims filing and reporting. FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of the resolution. Participants 220 FSA Administration Fee (PEPM) $4.50 $4.50 Debit Card Fee (PEPM) Included Included Implementation/ Set Up Fee Included Waived Annual Renewal Fee Included Waived Dedicated Relationship Manager - $1200/Annually Additional Fees (please outline/explain) No additional fees. Special Reporting Needs - TBD upon request Employee Communication Material (Please List) Electronic Included at no additional cost Discovery will provide the following materials at no additional cost: 1 • FSA Guide New Participants receive a welcome email; • Guide to the Benefits Debit Card • Guide to Substantiating Debit Card Transactions • Guide to Filing Claims All materials are available In an electronic format This welcome email also contains their unique available on Discovery's website. Employers may TASC ID number, Instructions for creating their download the materials to post on their Intranet password, link to the Participant Reference Guide, or open enrollment portal. Standard materials Information on our Innovative service features can be provided In hard copy at no additional cost and Instructions on how to contact TASC. 2 (within standard timeframes). The quantity provided Is determined by the number of FSA participants plus a percentage surplus. Discovery reserves the right to limit the quantity of printed guides provided. $990 $990 $11,880 $11,880 Participation Requirements Rate Guarantee Commissions Other Holmes Murphy Associates, lix. -- CONFIDENTDd �` 1 Worksheet: / MES FSA P oposedFees i,+uRM W, 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 enter into a two (2) year agreement with Discovery Benefits, Inc., of Fargo, North Dakota, effective January 1, 2016, for administration of the City's Medical and Dependent Care Flexible Spending Accounts. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary for an agreement between the City of Beaumont and Beaumont Family Practice Associates. BACKGROUND Beaumont Family Practice Associates shall perform the service of chest x-rays for the Beaumont Public Health Department Tuberculosis Division for TB screenings. The Beaumont Public Health Department agrees to reimburse Beaumont Family Practice Associates at $55.00 per x-ray. This cost is reimbursed by a federal grant. This agreement is effective for two years from date of activation. FUNDING SOURCE TB Grant 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 Agreement between the City of Beaumont and Beaumont Family Practice Associates for the reimbursement of costs relating to the service of chest x-rays for tuberculosis screening. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - INDEPENDENT PROFESSIONAL SERVICES CONTRACT AGREEMENT STATE OF TEXAS § KNOW ALL MEIN BY THESE PRESENTS: COUNTY OF JEFFERSON § This Agreement is made and entered into on this the day of 2015. by and between the City of Beaumont, hereafter referred to as the "Contractor," sponsor agency for the City of Beaumont Public Health Department, and Beaumont Family Practice Associates offering licensed or certified professionals, hereinafter referred to as the "Sub contractor.-' This agreement supersedes and makes void any and all previous agreements between the parties. WITNESSETH: WHEREAS. the services of a licensed or certified professional are required by the City to meet the demands of its clinical operations and such sen -ices are noncompetitive by, their nature, it is agreed that the Subcontractor will perform the needed services according to all of the following terms and conditions. THEREFORE, it is agreed by and between the parties that the Subcontractor shall perform the services of one (1) view PA chest x-rays to the Tuberculosis Elimination Division and provide those services as required according to all of the following terms and conditions: DURATION AND TERMINATION: This Agreement is valid for a period of two (2) years. Either party may terminate this .Agreement upon thirty (30) days wTitten notice without cause. or for cause by giving the other notice in %Titing five (5) days prior to termination. It is understood and agreed that if Subcontractor is incapable of performing the services described herein. all rights to compensation by this EXHIBIT "A" Agreement shall cease. It is agreed, by signature of this Agreement, that the terms and conditions of any and all previous contract agreements between Subcontractor and the Contractor have been completed to the satisfaction of both parties. Continuation of this agreement is contingent on the approval of the Health Director. 2. PROFESSIONAL SERVICES TO BE PERFORMED: Contractor shall perform one (1) view PA chest x-ray at the cost of $55.00 per X-ray for TB screening. The Contractor shall be responsible in performance of services to act in accordance with any applicable policies of the City and, shall comply with those policies of the City and, additionally shall comply with the policies set forth below: a) The Subcontractor should promptly inform the City Manager and Health Director of any change of name. address or telephone number. b) The conviction of felony offense shall be grounds for rendering the Subcontractor incapable of providing services under this Agreement. C) Violation of confidential communications of the medical records of patients shall be grounds for rendering the Subcontractor incapable of performing services under this Agreement. d) The Subcontractor shall comply with the ethical code of the medical profession. including. but not limited to. maintaining confidentiality of medical records. e) Beaumont Family Practice certifies that their organization ! practitioners are not delinquent on any repayment agreements; have not had a required certification or license revoked: have not had a contract terminated by the City of Beaumont or the Texas Department of State health Services: and / or have not voluntarily surrendered ani, required license within the past three (3) years. 3. COMPENSATION: The fee for one (1) view PA chest x-ray wi I I be $ 55.00 per x-ray and all additional expenses including, but not limited to, travel, medical malpractice insurance, etc., are the sole responsibility of' Beaumont Family Practice Associates. 4. INDEMNITY. It is understood and agreed that Beaumont Family Practice Associates (subcontractor) is an independent contractor and hereby agrees to hold harmless, indemnify and defend the City, its officers, agents and employees, from and against any liability, claim, cause of action. damages, personal injury or death arising out of or in connection with the services performed or to be performed by the Subcontractor pursuant to this Agreement. 5. PROFESSIONAL LIABILITY INSURANCE: The Subcontractor is responsible providing his own professional liability insurance coverage. The City will not provide legal services or pay any judgment rendered against Subcontractor for any suit or claim arising out of the performance of' the Contractors duties as outlined herein. Subcontractor is to provide proof of said liability coverage. 6. NONDISCRIMINATION: The Contractor hereby agrees that no person shall, on the grounds of race, creed, color, handicap. national origin, sex, political affiliation, or beliefs, be excluded from. be denied the benefits of, or be otherwise subjected to discrimination as regards to any services or activity under this contract; and hereby gives assurance the Contractor will immediately take any measure necessary to effectuate this Agreement. I-' WITNESS THEREOF. the paries execute this Contract in duplicate originals on the day of . 2015 CITY OF BEAUMONT Kyle Hayes, City Manager -4- BEAUMONT FAMILY PRACTICE BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: December 8, 2018 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign a Memorandum of Understanding with the Area Agency on Aging related to the 2-1-1 Area Information Center. BACKGROUND The Area Agency on Aging, which is a division of the Southeast Texas Regional Planning Commission (SETRPC), operates the 2-1-1 Area Information Center. 2-1-1 is a confidential and free helpline that provides referral and information services to individuals seeking information on social services, health and human services, and financial services. The MOU provides that any calls Beaumont 3-1-1 receives that can be handled by 2-1-1 will be directed to 2-1-1, and any calls that 2-1-1 receives that can be handled by 3-1-1 will be sent to Beaumont 3-1-1. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and the Area Agency on Aging relating to the 211 Area Information Center and Beaumont 311. The Memorandum of Understanding 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 8th day of December, 2015. - Mayor Becky Ames - Memorandum of Understanding between Area Agency on Aging of Southeast Texas 2-1-1 Area Information Center of Southeast Texas and City of Beaumont 3-1-1 Helpline This Memorandum of Understanding is between the Area Agency on Aging of Southeast Texas, 2-1-1 Area Information Center of Southeast Texas, and the City of Beaumont 3-1-1 Helpline. The purpose of this understanding is to ensure a cooperative working agreement and exchange of information between 2-1-1 Area Information Center of Southeast Texas and City of Beaumont 3-1-1 Helpline. This understanding provides that both agencies will cooperate and mutually support each other to the extent necessary to ensure that all Southeast Texas citizens have access to Information and Referral (I&R) resources and non -emergency services and information. AAASET 2-1-1 Area Information Center of Southeast Texas agrees to: • Maintain an accurate, organized system of regional health and human service resources in a centralized database for Hardin, Jefferson, and Orange counties. • Maintain a centralized, well -staffed 2-1-1 Texas Area Information Center, which operates during normal business hours, 8:00 a.m. — 5:00 p.m., Monday through Friday. Twenty- four hour coverage is provided by routing after -hour, weekend, and holiday calls to the United Way of Greater Houston 2-1-1 Area Information Center. • Follow pre -established protocols to direct any non -emergency City of Beaumont related calls toBeaumont3-1-las quickly as possible. If the individual is able to hang up and dial 3-1-1, they will be directed to do so. However, if they are unable to hang up and dial3-1- 1 themselves they will be transferred to 409-980-8311. Otherwise, protocols and procedures developed collaboratively by 3-1-1 and 2-1-1will be followed. • Provide 3-1-1 with after-hours contact information for 2-1-1 Area Information Center of Southeast Texas management staff and United Way of Greater Houston 2-1-1 Area Information Center management staff. • Provide United Way of Greater Houston 2-1-1 Area Information Center with contactinformation for City of Beaumont 3-1-1 Helpline. • Provide access to local resources via an online database at www.211.setrpc.org. • As requested by Beaumont 3-1-1 staff, provide in-service training to 3-1-1 staff regarding 2-1-1 Area Information Center of Southeast Texas and the delivery of non -emergency information. • Provide increased accessibility to 2-1-1 Area Information Center of Southeast Texas by providing Language Line Service availability. City of Beaumont 3-1-1 agrees to: Work closely and collaboratively with 2-1-1 Area Information Center of Southeast Texas to ensure that relevant social and human service calls and information requests are directed to 2-1-1 Area Information Center of Southeast Texas. EXHIBIT "A" On an as -needed basis, provide appropriate in-service training to 2-1-1 Area Information Center of Southeast Texas staff regarding the services, operational strategies and call transfer procedures of 3-1-1. Notify 2-1-1 Area Information Center of Southeast Texas immediately of any problems that may arise or become known to 3-1-1 regarding confusion in 3-1-1 and 2-1-1 calls, or issues concerning call transfer procedures, service delivery, printed or electronic resource materials, or other areas that might hinder a positive working relationship between the parties. This agreement is made in the spirit of cooperation between the Area Agency on Aging of Southeast Texas, 2-1-1 Area Information center of Southeast Texas, and City of Beaumont3-1- 1, with the goal of having calls properly directed calls to Beaumont3-1-1 and2-1-1 Texas. Compensation: • No compensation shall be paid to either party for providing services under this MOU. Term: • This agreement shall be effective for a period not to exceed one (1) year from the date of execution. For AAASET 2-1-1 AIC of Southeast Texas For City of Beaumont Colleen Halliburton, Director Date Kyle Hayes, City Manager Date Area Agency on Aging of Southeast Texas City of Beaumont 2-1-1 AIC of Southeast Texas RICH WITH OPPORTUNITY [I I'L A , 11 1�1 T • E • % • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager James Singletary, Chief of Police December 8, 2015 J REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary, specifically a Memorandum of Understanding, between the Office of the Attorney General of Texas and the Police Department. BACKGROUND The Internet Crimes Against Children (ICAC) Task Force was created to help State and Local Law enforcement agencies enhance their investigative response to offenders who use the internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of regional Task Force agencies funded by the United States Office of Juvenile Justice and Delinquency Prevention. The Training and Technical Assistance Program was established to assist these agencies with training and technical assistance in support of their Internet Crimes Against Children initiatives. Signing this Memorandum of Understanding with the Attorney General's office, would make ICAC resources, contracts and training available to our department. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute all documents necessary, specifically a Memorandum of Understanding between the Beaumont Police Department and the Office of the Attorney General for certain Internet Crimes Against Children (ICAC) Task Force activities. The Memorandum of Understanding 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 8th day of December, 2015. - Mayor Becky Ames - MEMORANDUM OF UNDERSTANDING between THE OFFICE OF THE ATTORNEY GENERAL AND BEAUMONT POLICE DEPARTMENT OAG Contract No. 1665397 This Memorandum of Understanding (MOU) is executed between the Office of the Attorney General of Texas (OAG) and Beaumont Police Department (DEPARTMENT) for certain Internet Against Children Crimes Task Force activities. The OAG and Beaumont Police Department may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION 1 MISSION OF THE OAG The Internet Crimes Against Children (ICAC) Task Force Program, United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, (OJJDP) has created the ICAC Task Force Program, which is a national network of state and local law enforcement cyber crime units to address technology -facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and prosecute ICAC activities. The ICAC program requires existing task forces to develop multi jurisdictional, multi -agency responses to such offenses by providing funding and other support to state and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. This help encompasses investigative and forensic components, training and technical assistance, victim services, and community education. The OAG is designated by the OJJDP as the Regional Contact for the "Texas, Southern ICAC Task Force." The OAG is a recipient of an OJJDP ICAC grant. The OAG utilizes the ICAC grant funds to administer and operate an ICAC Task Force. The mission of the OAG's ICAC Task Force is to: (1) properly investigate and prosecute those who sexually exploit children through the use of the Internet and/or computers; (2) provide training and equipment to those involved in investigating and prosecuting Internet crimes against children, and (3) provide community education regarding the prevention of Internet crimes against children. SECTION 2 PURPOSE OF THE MOU The purpose of this MOU is to formalize the working relationship between the OAG and the DEPARTMENT. This MOU delineates the responsibilities and expectations of the parties. By signing this MOU, the DEPARTMENT agrees to join the OAG ICAC Task Force for the primary purpose of vigorously and properly performing ICAC investigations. By joining the OAG ICAC Task Force, the DEPARTMENT will benefit from joint operations and extensive training opportunities. ICAC MOU Page 1 of 4 EXHIBIT "A" By entering into this MOU, the OAG will benefit from the investigative support by the DEPARTMENT. This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties. SECTION 3 INVESTIGATIONS All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other OAG ICAC Task Force members. Investigations will follow guidelines established by each party's agency's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Standards. Violation of the ICAC operational standards is cause for termination of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in ICAC Task Force investigations are not in the best interest of the Task Force. SECTION 4 DEPARTMENT'S DUTIES AND RESPONSIBILITIES The DEPARTMENT will ensure the following activities: A. Only sworn DEPARTMENT law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the OAG. B. Conduct reactive investigations where subjects are associated with the DEPARTMENT's jurisdiction, including investigations of child pornography, CYBERTIP referrals from NCMEC, Internet Service Provider and law enforcement referrals, and other ICAC - related investigations. Additional case initiations may develop from subject interviews, documented public sources, direct observations of suspicious behavior, public complaints, or other appropriate sources. C. Record and document all undercover online activity. Any deviations from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Program Manager. D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. E. Locate its ICAC investigators in secured space provided by the DEPARTMENT with controlled access to all equipment, software, and investigative files. At a minimum, information should be maintained in locked cabinets and under control of the DEPARTMENT ICAC Task Force personnel, with restricted access to authorized personnel only. ICAC MOU Page 2 of 4 F. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities, and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the ICAC Task Force. SECTION S SUPERVISION; COMPLIANCE WITH REGULATORY AND LICENSING BODIES The DEPARTMENT will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. The DEPARTMENT agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this MOU. The DEPARTMENT agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. SECTION 6 NO EMPLOYMENT RELATIONSHIP WITH THE OAG; LIABILITY The DEPARTMENT expressly agrees that there is no employment relationship between the DEPARTMENT and the OAG. Under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of the DEPARTMENT be considered an employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG. To the extent allowed by law, the DEPARTMENT is responsible for all types of claims whatsoever due to their own actions or performance under this MOU, including, but not limited to, the use of automobiles (or other transportation), taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. SECTION 7 REPORTING STATISTICS Using the reporting form provided by the OAG, the DEPARTMENT shall submit monthly statistics to the OAG on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in the appropriate format by the 10th calendar day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hours attended and taught, and community outreach provided. In addition, the DEPARTMENT shall provide detail reporting on the basic case data for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement/traveler) case investigated by the DEPARTMENT. The OAG will then be responsible for all required reporting to OJJDP. ICAC MOU Page 3 of 4 SECTION H TRAINING The DEPARTMENT shall make investigators designated as ICAC Task Force members available for applicable specialized training provided through the national ICAC program and other appropriate training programs. The DEPARTMENT will support the on-going training needs of its investigators to maintain their competency and currency. SECTION 9 CONFIDENTIALITY It is understood that any confidential information pertaining to ICAC investigations will be held in the strictest confidence, and will only be shared with participating OAG ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. Section 10 Term of MOU This MOU shall be effective on November 1, 2015 and will continue in effect until August 31, 2017. Section 11 Termination of MOU Either Party, at its sole discretion, with or without cause, may terminate this MOU upon thirty (30) calendar day written notice to the other Party. Reasons for the OAG to terminate this MOU, include, but are not limited to failure of DEPARTMENT to accept and/or investigate cyber tips, failure of DEPARTMENT to report statistics to the OAG, failure of DEPARTMENT to adhere to national ICAC program's Operational and Investigative Standards, or failure of DEPARTMENT to not exercise reasonable efforts to support the on-going training needs of its investigators to maintain their competency and currency. Section 12 Signatures The Parties stipulate and agree that the signatories hereto are signing, executing and performing this MOU only in their official capacity. OFFICE OF THE ATTORNEY BEAUMONT POLICE DEPARTMENT GENERAL Printed Name: Office of the Attorney General ICAC MOU Page 4 of 4 Printed Name: Authorized Official K BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution casting the City's four hundred and forty seven (447) votes for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District. BACKGROUND C.L. Sherman is a current member of the Board of Directors of the Jefferson County Appraisal District. The terms of the current Board members expire on December 31, 2015. A letter from Angela Bellard, Chief Appraiser, is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution k Jefferson County Appraisal District E O. Box 21337 4610 S. fourth St. Beaumont, Texas 77720-1337 Beaumont, Texas 77705 CHIEF APPRAISER Angela Bellard, RPA, RES Mrs. Becky Ames Mayor City of Beaumont P 0 Box 3827 Beaumont TX 77704 Dear Mayor Ames: October 20, 2015 (4091840-9944 (409) 727-4611 Fax(409)727-5621 MEMBERS OF THE BOARD Miriam K. Johnson, Chairpersoi Dr. Louis Reed, Jr., Secretary Allison Nathan Getz Eugene Landry Charles Lankford C. L. Sherman In accordance with Section 6.03(f) of the Property Tax Code, I have enclosed a copy of the ballot of the nominees for the Jefferson County Appraisal District Board of Directors for the 2016 - 2017 term of office. All five positions on the Board of Directors are up for re-election. You may cast all of your votes for one nominee or distribute them as you wish among the nominees. Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its governing body and submit it to me before December 15, 2015. Please refer to the enclosed voting allocation to determine the number of votes your entity is entitled to in this election. The nominee receiving the majority of the votes of the conservation and reclamation districts will receive all of the votes cast by these districts. Sincerely, Adgela Bellard, RPA, RES Chief Appraiser Pjb Enclosures - 2 c: Mr. Kyle Hayes, City Manager ELECTION BALLOT Jefferson County Appraisal District Board of Directors, 2016 - 2017 Term of Office The following individuals have been nominated: Allison Nathan Getz Eugene Landry Charles Lankford Dr. Louis Reed C. L. Sherman JEFFERSON COUNTY APPRAISAL DISTRICT Voting Allocation for 2016 - 2017 Board of Directors Based on 2014 Tax Levies TOTALS: $531,351,309.31 100.00% 5,000 % of Total 2014 Tax Levy Tax Levy # of Votes Drainage District #6 $19,231,418.64 3.62% 181 Drainage District #7 $18,618,106.97 3.50% 175 Navigation and Waterways Dist $20,178,355.38 3.80% 190 Port of Beaumont $6,009,664.91 1.13% 56 Port of Port Arthur $13,756,070.64 2.59% 129 Port of Sabine Pass $544,328.59 0.10% 5 Trinity Bay Conservation Dist $29,377.30 0.01% 1 WCID #10 $614,533.35 0.12% 6 SUBTOTAL C & R DISTRICTS' $78,981,855.78 14.86% 743 Jefferson County $91,991,712.87 17.31% 866 Beaumont ISD $128,754,973.92 24.23% 1,212 Hamshire-Fannett ISD $9,443,496.98 1.78% 89 Hardin Jefferson ISD $5,792,609.21 1.09% 54 Nederland ISD $24,349,362.19 4.58% 229 Port Arthur ISD $67,310,730.38 12.67% 633 Port Neches -Groves ISD $35,030,643.27 6.59% 330 Sabine Pass ISD $8,389,626.15 1.58% 79 City of Beaumont $47,518,548.86 8.94% 447 City of Bevil Oaks $114,596.17 0.02% 1 City of Groves $4,876,381.31 0.92% 46 City of Nederland $5,866,119.40 1.10% 55 City of Port Arthur $17,018,091.82 3.20% 160 City of Port Neches $5,912,561.00 1.11% 56 SUBTOTALS: $452,369,453.53 85.14% 4,257 TOTALS: $531,351,309.31 100.00% 5,000 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL THAT the City Council hereby casts all of its votes for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - L BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND Kinsel Auto Group has agreed to convey a ten foot (10') wide Exclusive Water Line Easement to the City of Beaumont. The easement is described as being a 0.3079 acre tract out of the Frederick Bigner Survey, Abstract No. 1. The water line easement is for the construction of a new auto dealership located at 4235 Eastex Freeway. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Kinsel Auto Group has agreed to convey a ten foot (10') wide exclusive water line easement, said easement being a 0.3079 acre tract out of the Frederick Bigner Survey, Abstract No. 1, as described in Exhibit "1" and shown on Exhibit "2," attached hereto, to the City of Beaumont for the purpose of constructing a new auto dealership located at 4235 Eastex Freeway; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT a ten foot (10') wide exclusive water line easement conveyed by Kinsel Auto Group, being a 0.3079 acre tract out of the Frederick Bigner Survey, Abstract No. 1, as described in Exhibit 1" and shown on Exhibit "2," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT, KINSEL AUTO GROUP, of the County of Jefferson, State of Texas hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/ 100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed collectively, the "Easement Rights". It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. EXHIBIT 1" GRANTOR agrees not to place any structures or appurtenances within the Easement Property that will interfere with Grantee's ability to exercise the Easement Rights. Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of , 2015. W_4 KINSEL AUTO GROUP M. Printed Name: Craig Kinsel Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X BEFORE ME, the undersigned authority, on this day personally appeared CRAIG KINSEL as of KINSEL AUTO GROUP, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2015. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, TX 77704 W� RT E C H 'Recognizing the landmarks of the past.. setting our foresight towards the future with Advanced Geospatial Technology" LAND SURVEYORS, INC. EXHIBIT "A' Page 1 of 3 June 4, 2015 Texas Board of Professional Land Surveying Firm Registration No. 10105600 Surveyor's Field Note Description: 0.3079 Acre Exclusive City Water Line Easement BEING a 0.3079 acre tract of land out of and a part of that certain Mnsel Auto Group called 4.14 acre tract of land, more fully described as Tract I and that certain called 1.9 acre tract of land, more fully described as Tract III recorded in Clerks File No. 2006037699 and that certain Kinsel Auto Group called 1.2927 acre tract of land, more fully described and recorded in Clerks File No. 2015008431 of the Official Public Records of Jefferson County, Texas. Said 0.3079 acre tract of land being situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being more particularly described as follows: BEGINNING at a 3/4 inch iron rod found at the North corner of said 1.2927 acre tract, same being the Northeast corner of that certain National Retail Properties, L.P. called 11.473 acre tract of land, more fully described and recorded in Correction Deed filed in Clerks File No. 2012029083 of said Official Public Records and being in the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway) variable width right-of-way THENCE South 43 deg. 49 min. 22 sec. East along and with the Northeast line of said 1.2927 acre tract, same being the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway), a distance of 11.85 feet to a point for corner; THENCE in a Southwesterly and Easterly direction along and with the East and North line of this proposed waterline easement the following bearings and distances: South 13 deg. 41 min. 32 sec. West, a distance of 366.05 feet to a point for corner; South 76 deg. 18 min. 28 sec. East, a distance of 33.91 feet to a point for corner; South 14 deg. 34 min. 52 sec. West, a distance of 204.24 feet to a point for corner; South 41 deg. 42 min. 15 sec. East, a distance of 236.75 feet to a point for corner; North 84 deg. 19 min. 44 sec. East, a distance of 139.79 feet to a point for corner; North 45 deg. 52 min. 24 sec. East, a distance of 344.02 feet to a point for corner in the Northeast line of said 1.9 acre tract, same being the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway); THENCE South 38 deg. 09 min. 40 sec. East along and with the Northeast line of said 1.9 acre tract, same being the Southwest line of US Highway 69, 96 & 287 (Eastex Freeway), a distance of 10.05 feet to a point for corner; THENCE in a Southwesterly and Northerly direction along and with the South and West line of this proposed waterline easement the following bearings and distances: South 45 deg. 52 min. 24 sec. West, a distance of 346.47 feet to a point for corner; South 84 deg. 19 min. 44 sec. West, a distance of 148.37 feet to a point for corner; North 41 deg. 42 min. 15 sec. West, a distance of 247.19 feet to a point for corner in the West line of said 1.9 acre tract, same being an East line of said 11.473 acre tract; North 14 deg. 34 min. 52 sec. East along and with the West line of said 1.9 acre tract, same being an East line of said 11.473 acre tract, a distance of 199.43 feet to a concrete monument found at the Northwest corner of said 1.9 acre tract, same being Corporate Office: 1480 Cornerstone Court Beaumont, Texas 77706 Tei: 409.866.9769 Fax: 409.866.7075 Kinsel Auto Group COB Waterline Easement June 4, 2015 Page 2 W�RTECH LAND SURVEYORS, INC. EXHIBIT "A' Page 2 of 3 0.3079 Acre Exclusive City Water Line Easement a Northeast corner of said 11.473 acre tract and being in the South line of said 1.2927 acre tract; North 76 deg. 18 min. 28 sec. West, a distance of 33.75 feet to a point for corner in the West line of said 1.2927 acre tract, same being an East line of said 11.473 acre tract; North 13 deg. 41 min. 32 sec. East along and with the West line of said 1.2927 acre tract, same being an East line of said 11.473 acre tract, a distance of 382.41 feet to the PLACE OF BEGINNING, containing 0.3079 acre of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on May 13, 2015 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983 (CORS)(2011), South Central Zone '4204' (US Survey foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) gistered Profession 1 Land Surveyor 2015-040 SPI Kinsel Desc COB Waterline Esmt.docx COB Esmt Line Bearing Distance L1 S43°4922"E 11.85' L2 S76°18'28"E 33.91' L3 S38°09'40"E 10.05' IA N76°18'28"W 33.75' I. Rod <� National Retail Properties, L.P. Called 11.473 Acres more fully described in Correction Deed recorded in Clerks File No. 20120290831 /-�J Kinsel Auto Group M Called 12927 AcreClerks File No. 2015008431 O.P.R.J.C. EXHIBIT "A" Page 3 of 3 0.3079 Acre Exclusive City Water Line Easement 6� �caQ06 THD -DPS Credit Union Called 0.50 Acre Volume 1366, Page 202 D.R.J.C. Fnd 112' 1.2 1•ROd 4 Fnd 2" I. Pipe ,fey Fnd C?/,' CJS 7 MonueC e ;Gy-NO<ed<�SC1 cKinsel Auto Group Celled 8.366 Acres Tract III - Called 1.9 Acres 411.889 Sq. Feet Clerks File No. 2006037699 0.3079 Acre O.P.R.J.C. Fnd TxDOT Monument Submitting Information: Kinsel Auto Group Beaumont, Texas 77708 Attn: Craig Kinsel 409-924-6203 Site Address: 4235 Eastex Freeway Beaumont, Texas 77708 FOLS13M Note: Vicinity Map Not to Scale All bearings are based upon the Texas Coordinate System of 1983 (CORS), South Central Zone'4204'. (US Survey Foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied. r Gs 06�0" e V@ s 6' Fnd TxDOT 4fbdgdr> Monument � N84 -19'44"E �149.3 S84°19'44"W Kinsel Auto Group Celled 8.366 Acres Tract I - Called 4.14 Acres Clerks File No. 2006037699 O.P.R.J.C. 0' 50' 100' Scale: 1"=100' M ory hrymeati �pba tia 5ry Fnd T%DOT Fnd TxDOT Monument Monument Halle Properties LLC Called 0.91 B3 Acre Clerks File No. 2009001069 O.P.R.J.C. 200' NOTICE: The findings and opinions of WORTECH Land Surveyors, Inc reflected herein are privileged, confidential and Intended only for the use of the individual or entity for whom this work was prepared. It Is understood that the use of, reliance on, or reproduction of same, in whole or In part, by others without the express written consent of WORTECH Land Surveyors, Inc is prohibited and without warranty, express or Implied. WORTECH Land Surveyors, Inc shall be held harmless against any damages or expenses msuidng from such unauthorized use, reliance or reproduction. Copyright 2015. All rights reserved. Job No: 2015040 Surveyor's Certification Field Book: 753/74, 756/66 The undersigned does hereby certify that this survey plat accurately represents an Dr. By. JLS D F q i on the ground survey made under my direct supervision on May 13, 2015, and is Date: 9/01/2015 �@� �L 4 igg+, f being submitted along with the Surveyor's field note description of the property Rev. No: 0 - Final Issue q. �O 9 shown hereon, which lies In Jefferson County, Texas. WRTECH J 1•L. SIMS, 1R. ��qo 4599 ar'Q. LAND SURVEYORS, INC. vi,!tssM�� A Texas Firm Registration No: 10105600 O 1480 Cornerstone Court S U RV , Beaumont, Texas 77706 I Tel:409.866.9769 Fax: 409.866.7075 IN, dxamem not ward wduxxn original Istered Professional Land u rftW www.wortech.com seal and slgnaWre of person ceNtying EXHIBIT "2rr M BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Sherry Ulmer, Public Health Director MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution authorizing Ambu-Care Trans, LLC, DBA Ambu-Care Trans to operate an ambulance transport service in the city limits of Beaumont. BACKGROUND Floyd Dixon, owner of Ambu-Care Trans, LLC is requesting City Council's approval to operate an ambulance transport service in the city limits of Beaumont. Ambu-Care Trans will operate as a transport service only (Basic Life Support) for the elderly and persons with disabilities, and will not participate in the City of Beaumont's Rollover Agreement to respond to emergency calls. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. To: Kyle Hayes From: Sherry Ulmer Re: Ambu-Care-Trans LLC Date: 12/2/2015 Floyd Dixon, owner of Ambu-Care Trans LLC, DBA Ambu-Care Trans located at 4879 Hwy 69 S, Beaumont, Texas 77705 is requesting approval from Beaumont's City Council to operate an ambulance transport service in the city limits of Beaumont. According to the Texas Administrative Code 25 Tx ADC Sec. 157.11 (Y), a governing body of a municipality may issue a letter of approval to an emergency medical services provider applicant who is applying to provide emergency medical services in a municipality only if the governing body determines that: 1) The addition of another licensed emergency medical services provider will not interfere with or adversely affect the provision of emergency medical services by the licensed emergency medical services providers already operating in the municipality; 2) The addition of another licensed emergency medical services provider will remedy an existing provider shortage that cannot be resolved through the use of licensed emergency services providers operating in the municipality; and 3) The addition of another licensed emergency medical services provider will cause an oversupply of licensed emergency services in the municipality. Ambu-Care Trans will operate as a transport service only (Basic Life Support) for the elderly and persons with disabilities, and will not participate in the City of Beaumont's Rollover Agreement to respond to emergency calls. Currently, there are 4 private ambulance companies operating in the City of Beaumont, and 3 of them participate in the city's Rollover Agreement to respond to emergency calls. Ambucare Trans LLC 3402 Dowling St. Suite 110 Houston, TX. 77004 November 23, 2015 Beaumont City Council 801 Main St. Beaumont, Texas 77701 Members of the City Council, Office: 713-772-9462 Fax:713-520-4593 I am writing this letter to ask for permission to operate an ambulance service in the City of Beaumont. My name is Floyd Dixon Jr., and I am the owner of Ambucare Trans LLC. We are a transportation company that operates wheel -chair and ambulance transportation. We have been in business for 7 years and have a steller record. I was born and raised here in Beaumont. I have always done things to help my community, from Turkey give away that we did last year, to toy drives and summer football camps. My brother and I have other businesses here and enjoy helping to provide jobs. Not only is this service needed for the elderly, but also a means to provide some employment for the community. Thank you for your time and support. Sincerely, Floyd Dixon Jr. / Ambucare Trans LLC RESOLUTION NO. WHEREAS, Floyd Dixon, owner of Ambu-Care Trans, LLC, DBA Ambu-Care Trans, is requesting approval to operate an ambulance transport service in the city limits of Beaumont; and, WHEREAS, Amu -Care Trans will operate as a transport service only (Basic Life Support) for the elderly and persons with disabilities, and will not participate in the City of Beaumont's Rollover Agreement to respond to emergency calls; and, WHEREAS, the addition of another licensed emergency medical services provider will not interfere with or adversely affect the provision of emergency medical services by the licensed emergency medical services providers already operating in the City; and, WHEREAS, the addition of another licensed emergency medical service provider will remedy an existing provider shortage that cannot be resolved through the use of licensed emergency services providers operating in the City; and, WHEREAS, the addition of another licensed emergency medical services provider will not cause an oversupply of licensed emergency services in the City; and, WHEREAS, the City Council is of the opinion that the request of Floyd Dixon, owner of Ambu-Care Trans, LLC, DBA Ambu-Care Trans, to operate an ambulance transport service in the city limits of Beaumont should be approved; 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 request of Floyd Dixon, owner of Ambu-Care Trans, LLC, DBA Ambu- Care Trans, to operate an ambulance transport service in the city limits of Beaumont is hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 8, 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 4-13/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a restaurant in an NC (Neighborhood Commercial) District at 5220 Eastex Freeway 2. Consider a request for a Specific Use Permit to allow commercial vehicle parking at 5595 Fannett Road 3. Consider a request to abandon a five foot street light easement located between lots 2 & 3, Block 1, Washington Park 4. Consider a resolution approving the purchase of twenty-one vehicles from Silsbee Ford for use by various City departments 5. Consider a resolution approving the purchase of five Chevrolet Tahoe patrol vehicles from Caldwell Country Chevrolet of Caldwell for use by the Police Department 6. Consider authorizing the City Manager to execute an Industrial District Contract with Entergy Texas, Inc. 7. Consider authorizing the City Manager to execute an Industrial District Contract with Chemtrade Refining Services, Inc. 8. Consider authorizing the City Manager to execute an Industrial District Contract with Enterprise Beaumont Maurine West, LP 9. Consider authorizing the City Manager to execute an Industrial District Contract with Enterprise Refined Products Co, LLC 10. Consider a resolution authorizing the City Manager to award a bid to LD Kemp Excavating, Inc. of Fort Worth for the Landfill Cell 2 Construction Project 11. Consider a resolution approving the award of a contract to Marsh Waterproofing, Inc. of Vidor for improvements to the exterior fagade, masonry and roof repairs at the Tyrrell Historical Library 12. Consider a resolution approving the purchase of a pumper fire truck from Siddons- Martin Emergency Group of Denton WORKSESSION Review and discuss establishing Empowerment Zone Number Six for an area surrounding Lamar University 13. Consider an ordinance establishing Empowerment Zone Number Six for an area surrounding Lamar University WORK SESSION * Review and discuss subdivision regulations within the City of Beaumont's Extraterritorial Jurisdiction (ETJ) * Review and discuss private warranty programs available for customer water/sewer lines * Discuss the possibility of requesting proposals for the management of the Tennis Center at the Athletic Complex * Review and discuss allowing Transportation Network Companies to operate within the city limits of Beaumont COMMENTS Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. I December 8, 2015 Consider a request for a Specific Use Permit to allow a restaurant in an NC (Neighborhood Commercial) District at 5220 Eastex Freeway BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a restaurant in an NC (Neighborhood Commercial) District at 5220 Eastex Freeway. BACKGROUND Farid Abuseleh would like to open a restaurant in the existing structure at 5220 Eastex Freeway. The 4900 square foot structure will be utilized as J&J Wings and Seafood and is located in an NC (Neighborhood Commercial) District. The planned restaurant will operate mainly as take-out but will have a small seating area. Currently there are forty-three (43) parking spaces with three (3) Handicapped spaces. An existing eight (8) foot fence acts as the barrier between the proposed site and residential lots to the east. Mr. Abuseleh requested a waiver to any additional requirements for landscaping. At a Joint Public Hearing held November 16, 2015, the Planning Commission recommended 7:0 to approve a request for a Specific Use Permit to allow a restaurant in an NC (Neighborhood Commercial) District with the waiver to any additional requirments for landscaping. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CSIITY / COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: FntSJ /7 Y 1 U C(, (C A. APPLICANT'S ADDRESS: - -dam APPLICANT'S PHONE #: i �'' 1 ' I cl FAX #: NAME OF OWNER: /- - K, "bi k e c I 1, T 1L1 ADDRESS OF OWNER: 41;70 0 r-*1/ev--t:1K o — LOCATION OF PROPERTY:�`- LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION NUMBER OF ACRES OR TRACT Tr IT PLAT SURVEY jF 1 , G vt 1a V -- NUMBER OF ACRES . 3 6 0 J For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE ZONE: C� Z R ' �I ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESSTHAN % ACRE................................................................. %Z ACRE OR MORE AND LESS THAN 5 ACRES.::::::.'::::::::.J 450.00 5 ACRES OR MORE...................................................................$65 .00 I, being the undersigned applicant, u areas depicted on the site plan shall SIGNATURE OF APPLICANT: SIGNATURE OF that all of the conditions, dimensions, building sizes, landscaping and parking d to as arpfnded and approved by City Council. TE: NOT APPLICANT) DATE: PLEASE TYPE OR PRINT -AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Specific Use Letter for 5220 Eastex Freeway The property referenced above is an existing 4,900 square foot building that was previously a medical clinic. The building is well over 25 years old and has been vacant for the past 5-8 years. We are under lease to the owner to open a restaurant called J&J Wings and Seafood. We have a very successful store in Port Arthur and are finishing construction on one in Orange. We have a unique receipt that has made us wildly successful. Our primary goal is for takeout but this store will have a small seating area as well. Below are the Eight Conditions to be met. 1. Since the properties that are directly adjacent either side to this building on the frontage road are both commercial business, our building being opened and freshly updated will not only improve their property value by not having an empty run down building beside them but it will also bring attention to their business with our diverse traffic. 2. This property is already developed and built on the corner of the frontage road and side street with no other available property around it and therefore has no impact of future development of other properties. 3. Again this property has already been built in building, utilities, paving and drainage with no past problems. 4. All the paving and drives are already there. With the change of use from medical to restaurant, there will be less use of the side road (Treadway) than previous use improving traffic flow. 5. Some nuisance prevention exists as in the 8' fence barrier at back of property and the Treadyway side of property. There is no noise, dust, vibration or fume issues from this business. Odor issues would be the smell of cooking food. Grease traps will be installed for sewer. 6. Exterior lighting will be change from the existing outward direction to a downward projecting security light. There are existing parking pole lights that face downward. 7. Landscaping is existing and will be improved on. There is fencing as well to shield parking from residential areas. 8. We have drawn the plans to reflect the intended use. We would like to request a waiver for additional requirements to the existing landscaping or parking. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN A NC (NEIGHBORHOD COMMERCIAL) DISTRICT AT 5220 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Farid Abuseleh has applied for a specific use permit to allow a restaurant in a NC (Neighborhood Commercial) District at 5220 Eastex Freeway, 6632 Phelan Boulevard, being Plat D23, Tracts 98-A and 99, F. Bignar Survey, Beaumont, Jefferson County, Texas, containing 0.597 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 5220 Eastex Freeway, with a waiver to any additional requirements for landscaping; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted, and, Section 1. That a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 5220 Eastex Freeway, being Plat D23, Tracts 98-A and 99, F. Bignar Survey, Beaumont, Jefferson County, Texas, containing 0.597 acres, more or less, as shown on Exhibit "A," is hereby granted to Farid Abuseleh, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, with a waiver to any additional requirements for landscaping. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - e nest for a q a:�trict. Use Permit to allow a specific reSta°rapt in an N r\n Feet OZco 1 _ Renovations 1 w pi For oa o AJ Wings and Seafood $gg g EXHIBIT "B„ 5220EastexFnvy gp :aumont, Texas 77706 �Aa"mA 2 December 8, 2015 Consider a request for a Specific Use Permit to allow commercial vehicle parking at 5595 Fannett Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow commercial vehicle parking at 5595 Fannett Road. BACKGROUND Swift International Services Group, Inc. would like to park commercial vehicles on the property located at 5595 Fannett Road. Swift provides rental vehicles to the Motiva Refinery in Port Arthur and to the Exxon Refinery in the Beaumont area. When the vehicles are not in use, a location to park or store the vehicles is needed. Rental vehicles can vary anywhere from a passenger vehicle to a commercial 18 wheeler truck and trailer. A small office is planned for the site. The lot will be used for short term storage only. At a Joint Public Hearing held November 16, 2015, the Planning Commission recommended 7:0 to approve a request for a Specific Use Permit to allow commercial vehicle parking with the following conditions: 1. Install an eight foot tall, wood or masonry privacy fence, as required by city regulations, and ten foot wide landscaped buffer along the east 150 feet of the north property line, and along the south property line. 2. Install a six foot wide landscaped buffer, as required by city regulations, along Fannett Road and Crestland Loop. 3. Provide at least one ADA parking space next to the office building. 4. Any improvements within state right-of-way shall be permitted by TXDOT. 5. No storm water shall be allowed to drain onto adjacent properties before and after structures are built. Storm water shall drain towards the street. 6. Paving be asphalt or concrete. 7. Access to Crestland Loop shall not be the only point of access. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with conditions. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW COMMERCIAL VEHICLE PARKING AT 5595 FANNETT ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Swift International Services Group, Inc. has applied for a specific use permit to allow commercial vehicle parking at 5595 Fannett Road, being parts of Lots 13 and 14, Block A, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 1.372 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow commercial vehicle parking at 5595 Fannett Road, subject to the following conditions: and, • Install an eight foot tall wood or masonry privacy fence, as required by city regulations, and ten foot wide landscaped buffer along the east 150 feet of the north property line and along the south property line • Install a six foot wide landscaped buffer, as required by city regulations, along Fannett Road and Crestland Loop • Provide at least one ADA parking space next to the office building. • Any improvements within state right-of-way shall be permitted by TxDOT • No storm water shall be allowed to drain onto adjacent properties before and after structures are built. Storm water shall drain towards the street. • Paving be asphalt or concrete • Access to Crestland Loop shall not be the only point of access WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow commercial vehicle parking at 5595 Fannett Road, being parts of Lots 13 and 14, Block A, Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 1.372 acres, more or less, as shown on Exhibit "A," is hereby granted to Swift International Services Group, Inc., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Install an eight foot tall wood or masonry privacy fence, as required by city regulations, and ten foot wide landscaped buffer along the east 150 feet of the north property line and along the south property line • Install a six foot wide landscaped buffer, as required by city regulations, along Fannett Road and Crestland Loop • Provide at least one ADA parking space next to the office building. • Any improvements within state right-of-way shall be permitted by TxDOT • No storm water shall be allowed to drain onto adjacent properties before and after structures are built. Storm water shall drain towards the street. • Paving be asphalt or concrete • Access to Crestland Loop shall not be the only point of access Section 2, That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Cd=r --inn 4 Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISS AND CITY`` ,C,OUNCIL, ITY OF BEAUMONT, TEXAS APPLICANTS NAME: �. � ✓"'tCX N o ✓l 0.J V t C-ej APPLICANTS ADDRESS: ' 6 Onq pp•t V, 40 Lts +0', APPLICANTS PHONE NAME OF ADDRESS OF LOCATION OF PROPERTY:. C�� 1�orn�9-S LEGAL DESCRIPTION OF ROPER jR_TY: �1 LOT NO. U 1 S I r( OR BLOCK NO. ADDITION �yl (2, NUMBER OF ACRES 1-31d Acres -:Pn G -7 o5 -Y FAX #:.7 1 '3'— 2 6 3 Q - -7 -/ 7s cz, Y, ' -k i , 4-x e0�k vy"o-PYd- PLAT SURVEY NUMBER OF ACRES -17 as For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a compleete� legal field note description. PROPOSED USE: i ZONE: ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %:" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %z ACRE.................................................................$250.00 %2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended andVproved by City Council. SIGNATURE OF APPLICANTz' "" DATE: I bi(3 i cS� SIGNATURE OF OWNER DATE: t01(-3 PLEASE TYPE OR PRINT AND SUBMIT TO: ric-Ru `T�xoml+S FILE NUMBER: DATE RECEIVED: I CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Incernanonel Service Grou. ,�a To: City of Beaumont Planning Division Swift Service Company A DIVISION OF SWIFT INTEL. SERVICE GROUP 801 Main St., Room 201 Beaumont, Texas 77701 To whom it may concern: P.O. Box 680172 Houston, TX 77268-0172 Ph: (713) 957-8882 Fax: (713) 957-8885 10/13/2015 I am requesting a permit for my property at 5595 Fannett Road in Beaumont Texas to park rental vehicles for storage. I have rental vehicles at the Motiva Refinery in Port Arthur, Texas, at 2555 Savannah St, Port Arthur, Texas 77640 and also at the Exxon Refinery in Beaumont, Texas, at 1795 Burt St., Beaumont, Texas 77701. 1 also am requesting to place a one-man mobile office on the property. The vehicles would be parked at the lot for short term storage until transference to our home office in Houston, Texas, at 6621 Long Point Road, Houston, Texas 77055. Thank you for your consideration in this matter. Nery Thomas Swift Service Company President / Owner -P: Consider a request for a Specific Use Permit to allow commercial ve parking. Location: 5595 Fannett Road Applicant: Swift International Service Group, Inc. 0 100 200 i 1 1 Feet Legend GC -MD ® 2247P LI A R -S �R�p�Fw AR X� 0 GC -MD R -S C"" tq o °<o / Q � GC -MD ' R -S R-S� EXHIBIT "A" JAMES ALFRED/ ARCHITECTS, LLC HOUS10N, TEXAS 713/4.46-3755 mi Q71 o V Firs (lo) l4) 13 i 24 u i� 12' flu * f2�- 48i lea' 3X j',= aGi T t` P 1. t"sem' °I mov 'ie 5HT I 3 December 8, 2015 Consider a request to abandon a five foot street light easement located between lots 2 & 3, Block 1, Washington Park BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a request to abandon a five foot street light easement located between lots 2 & 3, Block 1, Washington Park. BACKGROUND Soutex Surveyors & Engineers is requesting an abandonment of the street light easement located at 4740 Bolivar Street on behalf of the owners, Joseph and Rita Crook. The 5' easement runs along the boundary of lots 2 & 3, Block 1, Washington Park Addition. Mr. & Mrs. Crook plan to construct a home on the property divided by this easement. A letter from Entergy showing no objection to the request was submitted along with the application. At a Joint Public Hearing held November 16, 2015, the Planning Commission recommended 7:0 to approve a request to abandon a five foot street light easement located between lot 2 & 3, Block 1, Washington Park. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A FIVE FOOT (5') STREET LIGHT EASEMENT LOCATED AT 4740 BOLIVAR STREET, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Soutex Surveyors & Engineers, on behalf of Joseph and Rita Crook, has applied for an abandonment of a five foot (5') street light easement located at 4740 Bolivar Street, City of Beaumont, Jefferson County, Texas, being the East 2 Y2 feet of Lot 2, Block 1 and the West 2 '/2 feet of Lot 3, Block 1, Washington Park, recorded in Volume 13, Page, 11, Map Records, Jefferson County, Texas, 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 street light easement is no longer necessary for utility purposes and the abandonment of said street light 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 five foot (5) street light easement located at 4740 Bolivar Street, City of Beaumont, Jefferson County, Texas, being the East 2 '/Z feet of Lot 2, Block 1 and the West 2 Y2 feet of Lot 3, Block 1, Washington Park, recorded in Volume 13, Page, 11, Map Records, Jefferson County, Texas, 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 8th day of December, 2015. - Mayor Becky Ames - APPLICATION FOR RIGHT-OF-WAY OR UTILITY EASEMENT ABANDONMENT CITY OF BEAUMONT, TEXAS THIS IS AN APPLICATION TO ABANDON A: RIGHT-OF-WAY (ROW),ILITY EASEMENT (UE) OR ABANDON A RIGHT-OF-WAY BUT RETAIN A UTILITY EASEMENT. NAME OF APPLICANT: Soutex Surveyors & Engineers PHONE: 409-983-2004 FAX: 409-983-2004 AUTHORITY OF APPLICANT: Owners Representative NAME OF OWNER: Joseph & Rita Crook PHONE: 409-718-6989 ADDRESS: 3805 Marie Street, Beaumont, TX 77705 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: Street Light Easement PRESENT USE OF ROW OR UE (LIST UTILITIES IF PRESENT) Not in Use ATTACH A LETTER STATING THE REASONS FOR THE ABANDONMENT. LEGAL DESCRIPTION OF PROPERTY: LOT NO. E 82' of Lot 2, and Lot 3 BLOCK NO. Block 1 ADDITION Washington Park Is)ll II117:TOW PLAT L OJAWA 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 THE BEST OF MY OWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE F - / APPLICANT: DATE: G PLEASE TYPE OR PRINT AND SUBMIT'XQ� CITY OF BEAUMONT PLANNING DIVISION FILE NUMBER: 801 MAIN STREET, SUITE 201 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABANDONMENT Application Ownership List Date: We, the undersigned, being the sole owners of all the property abutting the proposed abandonment of The E. 82' of Lot 2 and Lot 3, Block 1, Washington Park, City of Beaumont, Jefferson County, Texas hereby respectfully petition that the right-of-way, alley, or utility easement be closed and abandoned. OWNER and ADDRESS Joseph Crook, 3805 Marie St., Beaumont, TX 77705 Rita Crook, 3805 Marie St., Beaumont, TX 77705 Joseph Crook, 3805 Marie St., Beaumont, TX 77705 Rita Crook, 3805 Marie St., Beaumont, TX 77705 Lot Block (tract) (tax plat) E.82' Lot 2 Block 1 Lot 3 Block 1 Addition (survey) Washington Park Washington Park ase print or type your name and then use signature. Separate sheets may be used. Ak wYs Entergy September 22, 2015 City of Beaumont RE: Letter of No Objection for the Relocation of 5' st lgt Easement at 4740 Bolivar, Bmt. TX. To Whom it May Concern, Entergy has no objection to the relocation of the 5' street light utility easement to the East property line of 4740 Bolivar Ave. in Beaumont. Please note there may be underground/overhead electrical conductors of high voltage within said easements and extreme caution should be exercised when working in the vicinity of these conductors. Contact with them could cause serious injury and / or death to a person or persons contacting them. If digging is necessary in the vicinity of underground facilities, please call Texas One Call at 1-800-245-4545 www.texasonecall.com at least 48 hours prior to digging. Should you have any questions feel free to call me at 409-785-2266. Sincerely, Al J. Harrington Ri htf W A t g o ay gen . Entergy Texas 60 N. L L m St. Beaumont, Texas September 15, 2015 Joseph & Rita Crook 3805 Marie Street Beaumont, Texas 77705 City of Beaumont PLANNING DIVISION 801 Main Street, Suite 201 Beaumont, TX 77701 Attn: Adina Ward, Planner II Ms. Ward, We would like for Anthony Leger of Soutex Surveyors & Engineers to be our representative for the abandonment of the street light easement for our property located on Bolivar Street. We have hired Soutex to provide the necessary surveys for the building of our new home. Sincerely, Joseph Crook & Rita Crook -OB: Consider a request to abandon a five foot street light easement located b 2 &3, Block I, Washington Park, Beaumont, Jefferson County, Texas. ation: 4740 Bolivar Street pplicant: Soutex Surveyors & Engineers 0 100 200 1 1 1 1 Feet ■ Legend 8630B R -S i RM -H BOLIVAR ST N W v Cn R -S CORLEY AVE ,I R -S I i ■ CLIENT: JOSEPH CROOK & RITA CROOK Pp�y5, SCALE: 1' a 40, LGP 900 �P0t,A$' 6 io4c �. 9 COO" F .� BOLIVAR AVENUE (50'R.O.W.) DESCRIPTION OF SERVICE& LOCATE CORNERS ONLY (VACANT) SURVEYOR'S CERTIFICATION: The undersigned does hereby certify that this survey was this day made on the ground of the property legally described hereon and is correct, and that there are no discrepancies, shortages in area, boundary line conflicts, encroacbments, or over -lapping of improvements except as shown hereon, and that m said property has access to and from a dedicated roadway. Dated- 9/23/2015 The above tract being located at 4740 BOLIVAR AVENUE. BEAUMONT. TEXAS 77707 and being described as E. 82' OF LOT 2 & ALL OF LOT 3. BLOCK 1. WASHINGTON PARK as recorded in Volume 13 , Page(s)_iJ_— of the MAP Records of JEFFERSON County, Texas. In accordance with the Flood r Insurance Rate Map of the Federal Emergency Management Agency, map reference shown, the subject tract lies in the flood zone noted. Location on map was determined by scale. Actual field elevation not determined, unless requested. SOUTE% SURVEYORS, Inc. does not warrant nor subscribe to the accuracy or scale of said map. This survey is certified for this transaction only: it is not transferable to additional institutions or subsequent owners. ,_ \MMI. • 3_ 0 0 0 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 FOUND 1/2" STEEL ROD (DISTURBED) SURVEYORS NOTES N 86'38'24" E 179.06' (CALLED N 88'40'42' E 179.00') FOUND 5/8 - STM Roo — 1. BEARINGS, COORDINATES, DISTANCES AND ACREAGE ARE BASED ON STATE PLANE COORDINATE GRID FEMA Flood Zone: X I I 11'1DEENr UTILITY — — — — — — — — — — — EASE— — — — — — — — — — — — — — — III I III I — — — — — — 485457-0040-D I PROPOSED I I o t 3737 Doctors Drive Panel Date: 8/6/2002 I 5' STREET to ,a Lo III LIGHT gi Project No. 15-0727 cl Fax. 409.983.2005 EASEMENT III V STREET I Drawn By: BRC. SR. 15 3 0� I LIGHT r� I TENT ^1 W h `m �O N a �. I�l OSB y�( 1 I ABANDONED1ch W gyp'( 1 0� 0 N m III I C3 oN r'Z I I I o o W I I I 140' yLd BUILDING UNE — I II I v- — III I II i NORTH R.O.W. LINE — — S 86'34'12" W 178.61' FOlfwo 1/2' -/(CALLED S 8840'42' W '179.00') FOUND 1/2' STEEL ROD STEEL ROD N:13965741.45 N: 13965752.14 E 3503829.22 E 3504007.51 BOLIVAR AVENUE (50'R.O.W.) DESCRIPTION OF SERVICE& LOCATE CORNERS ONLY (VACANT) SURVEYOR'S CERTIFICATION: The undersigned does hereby certify that this survey was this day made on the ground of the property legally described hereon and is correct, and that there are no discrepancies, shortages in area, boundary line conflicts, encroacbments, or over -lapping of improvements except as shown hereon, and that m said property has access to and from a dedicated roadway. Dated- 9/23/2015 The above tract being located at 4740 BOLIVAR AVENUE. BEAUMONT. TEXAS 77707 and being described as E. 82' OF LOT 2 & ALL OF LOT 3. BLOCK 1. WASHINGTON PARK as recorded in Volume 13 , Page(s)_iJ_— of the MAP Records of JEFFERSON County, Texas. In accordance with the Flood r Insurance Rate Map of the Federal Emergency Management Agency, map reference shown, the subject tract lies in the flood zone noted. Location on map was determined by scale. Actual field elevation not determined, unless requested. SOUTE% SURVEYORS, Inc. does not warrant nor subscribe to the accuracy or scale of said map. This survey is certified for this transaction only: it is not transferable to additional institutions or subsequent owners. ,_ \MMI. • 3_ 0 0 0 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 SURVEYORS NOTES 1. BEARINGS, COORDINATES, DISTANCES AND ACREAGE ARE BASED ON STATE PLANE COORDINATE GRID FEMA Flood Zone: X SYSTEM, TEXAS -SOUTH CENTRAL ZONE HAD 83(EPOCH 2011) (U.S. SURVEY FRET) HAVING A CONMGENCE ANGI.E OF 2'22'42', A SCALE FACTOR OF 0.988943859 AND ARE REFERENCED TO SMARTNET, NA. 2. THIS SURVEY DOES NOT WARRANT OWNERSHIP. THERE MAY BE EASEIIINNT9, OR OTHER MATTERS NOT Community Panel NO-: SHOWN. 3. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 485457-0040-D t 3737 Doctors Drive Panel Date: 8/6/2002 PoAArtjhur, Texas 77642 T.1409.983.2004 Project No. 15-0727 A SURVEYORS & ENGMERS Fax. 409.983.2005 Drawn By: BRC. SR. -� -- -- .. ,.Ts FlnM 07 o soatexsurveyoncom EXHIBIT "B" M December S, 2015 Consider a resolution approving the purchase of twenty-one vehicles from Silsbee Ford for use by various City departments T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Office*�� MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution approving the purchase of twenty- one (21) vehicles from Silsbee Ford in the amount of $804,519.95 for use by various City departments. BACKGROUND Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 2000 to 2011. The newer vehicles may be reassigned by the Fleet Division where appropriate. The older vehicles will be disposed of in accordance with the City's surplus equipment policy because age and mileage render them unfit for continued service. Pricing was obtained through the Texas Association of School Boards (BuyBoard), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. The total purchase price includes the BuyBoard fee of $400 which is paid to the vendor. Warranties of 36,000 miles or three (3) years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Delivery is expected within sixty (60) to ninety (90) days. FUNDING SOURCE Capital Reserve Fund, Water Utilities Fund. RECOMMENDATION Approval of resolution. Purchase of Fleet Vehicles December 8, 2015 Page 2. Item Dept. or Division Description Qty. Total Price 1 Fire 3), EMS (2) Ford Police Interceptor Utility 5 $128,531.00 2 Police: Admin (1), Patrol (7) Ford Police Interceptor Utility 8 $205,649.60 3 EMS Ford F-350 Cab Chassis 2 $71,495.50 4 Fleet Ford F-350 1 $80,477.14 5 Facilities Maintenance Ford F-250 1 $20,120.95 6 Facilities Maintenance Ford F-250 1 $28,724.95 7 Transportation Ford F-350 2 $166,349.50 8 City Utilities (Water) Ford F-350 1 $102,771.31 Bu board Fee $400.00 TOTAL $804,519.95 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of twenty-one (21) vehicles for use by various City departments from Silsbee Ford, of Silsbee, Texas, in the amount of $804,519.95 through the Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - 5 December 8, 2015 Consider a resolution approving the purchase of five Chevrolet Tahoe patrol vehicles from Caldwell Country Chevrolet of Caldwell for use by the Police Department BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution approving the purchase of five (5) Chevrolet Tahoe patrol vehicles from Caldwell Country Chevrolet of Caldwell, Texas in the amount of $174,670.00 for use by the Police Department. BACKGROUND The vehicles requested will replace units that are used in daily operations by the Patrol Division. These vehicles are on a replacement cycle in order to keep serviceable units available at all times and may be disposed of after replacement according to the City's surplus property disposal policies or relocated to other divisions. Pricing was obtained through the Texas Association of School Boards (BuyBoard), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. The total purchase price includes the BuyBoard fee of $400 which is paid to the vendor. Standard warranties of five (5) years or 100,000 miles are provided for each vehicle. Warranty service is available from the local authorized dealer. Delivery is expected within sixty (60) to ninety (90) days. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of five (5) Chevrolet Tahoe patrol vehicles for use by the Police Department from Caldwell Country Chevrolet, of Caldwell, Texas, in the amount of $174,670.00 through the Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - December 8, 2015 Consider authorizing the City Manager to execute an Industrial District Contract with Entergy Texas, Inc. TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Industrial District Contract with Entergy Texas, Inc. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The City currently has a contract with Entergy Texas, Inc., that will expire December 31, 2015. The new contract will be effective January 1, 2016. The in -lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2016 through 2018 and 75% of property taxes due to the City in 2019 through 2022. The 2016 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2015 or $0.69 per $100 of assessed valuation. Payments will be due to the City by February 1St of each year. A copy of the agreement is attached for your review. FUNDING SOURCE The estimated FY 2016 payment is $337,500. 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 an Industrial District Agreement with Entergy Texas, Inc. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Entergy Texas Inc., hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and/or improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: EXHIBIT "A" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2016 and each calendar year thereafter for the c duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2016 shall be due and payable on or before February 1, 2016 and is calculated as follows: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1 80% of Assumed City Taxes Due = 2016 Payment 2 Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2015, the 2015 assessed values shall be used for the February 1, 2016 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payment to City shall be 80% of assumed City taxes for the years 2016 - 2018 and 75% of assumed City taxes for the years 201.9 - 2022. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay such amount to City on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. 3 ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District, which are within the extra -territorial jurisdiction of the City of Beaumont. Additional property covered by this agreement includes the land, caverns, gas, and personal property located on Company's real property commonly known as the Spindletop Gas Storage Facility as shown on the records of the Jefferson County Appraisal District which are also within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale or transfer of any or all of Company's facilities to any person or entity. As to payments due under this contract no such sale or transfer shall reduce the amount due the City under this contract until the purchaser or recipient of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale or transfer had been made. It is the intent of the parties that no sale or transfer of any of Company's facilities will affect the amount to be paid to the City under this Agreement. 4 ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control 5 the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. 2 ARTICLE VI AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area described in Article II of and Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2016, and ending on December 31, 2022. ARTICLE VIII NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont 801 Main P. O. Box 3827 Beaumont, Texas 77704 7 TO COMPANY President Entergy Texas Inc. P.O. Box 2951 Beaumont, Texas 77704-2951 ARTICLE IX CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate counterparts as of this day of 2015. ATTEST: Tina Broussard City Clerk ATTEST: CITY OF BEAUMONT, TEXAS Kyle Hayes City Manager ENTERGY TEXAS, INC. LIM 8 December 8, 2015 Consider authorizing the City Manager to execute an Industrial District Contract with Chemtrade Refining Services, Inc. 14 :f -A 11 il TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Industrial District Contract with Chemtrade Refining Services, Inc. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The City currently has a contract with Chemtrade Refining Services, Inc., that will expire December 31, 2015. The new contract will be effective January 1, 2016. The in -lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2016 through 2018 and 75% of property taxes due to the City in 2019 through 2022. The 2016 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2015 or $0.69 per $100 of assessed valuation. Payments will be due to the City by February 1St of each year. A copy of the agreement is attached for your review. FUNDING SOURCE The estimated FY 2016 payment is $192,500. 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 an Industrial District Agreement with Chemtrade Refinery Services, Inc. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Chemtrade Refinery Services Inc., its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: SACity Wide Forms, Policies and PurchasingWGENDA\AGENDA ITEM MEMOS\EXHIBIT - Chemtrade 2016 Final.doc 1 EXHIBIT "A" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2016 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2016 shall be due and payable on or before February 1, 2016 and calculated as follows: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1 80% of Assumed City Taxes Due = 2016 Payment SACity Wide Forms, Policies and Purchasing\AGENDAWGENDA ITEM MEMOS\EXHIBIT - Chemtrade 2016 Final.doc 2 Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2015, the 2015 assessed values shall be used for the February 1, 2016 payment. This assessed value less exclusions shall be used in the calculation of the payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payment to City shall be 80% of assumed City taxes for the years 2016 - 2018 and 75% of assumed City taxes for the years 2019 - 2022. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all SACity Wide Forms, Policies and Purchasing\AGENDA\AGENDA ITEM MEMOS\EXHIBIT - Chemtrade 2016 Final.doc 3 payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District which are within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City under this Agreement. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: SACity Wide Forms, Policies and Purchasing\AGENDA\AGENDA ITEM MEMOS\EXHIBIT - Chemtrade 2016 Final.doc 4 (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation become effective if the annexation becomes effective after January 1 of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. SACity Wide Forms, Policies and Purchasing\AGENDA� AGENDA ITEM MEMOMEXHIBIT - Chemtrade 2016 Final.doc 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. SACity Wide Forms, Policies and PurchasingWGENDA\AGENDA ITEM MEMOS\EXHIBIT - Chemtrade 2016 Final.doc 0 ARTICLE VI AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area owned by Company, and where reference is made herein to land, property and improvements owned by Company that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. ARTICLE VII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2016, and ending on December 31, 2022. ARTICLE VIII NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 TO COMPANY Chemtrade Refinery Services Inc. PO Box 30 Beaumont, TX 77704 SACity Wide Forms, Policies and PurchasingWGENDAVIGENDA ITEM MEMOMEXHIBIT - Chemtrade 2016 Final.doc 7 ARTICLE IX CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate counterparts as of this day of , 2015 CITY OF BEAUMONT, TEXAS Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk CHEMTRADE REFINERY SERVICES INC. ATTEST: SACity Wide Forms, Policies and PurchasingWGENDA\AGENDA ITEM MEMOS\EXHIBIT - Chemtrade 2016 Final.doc 8 �64 December 8, 2015 Consider authorizing the City Manager to execute an Industrial District Contract with Enterprise Beaumont Maurine West, LP TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kyle Hayes, City Manager Laura Clark, Chief Financial Officer December 8, 2015 Council consider authorizing the City Manager to execute an Industrial District Contract with Enterprise Beaumont Marine West, LP. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The City originally had an agreement with Oiltanking Beaumont Partners, LP that expires December 31, 2015. During 2015 Oiltanking Beaumont Partners LP and Enterprise Products Partners LP merged; the new company being Enterprise Beaumont Marine West LP. In accordance with Article III, Sale by Company, the remaining term of the agreement transferred to Enterprise Beaumont Marine West, LP and expires December 31, 2015. The new contract will be effective January 1, 2016. The in -lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2016 through 2018 and 75% of property taxes due to the City in 2019 through 2022. The agreement with Oiltanking as well as this new agreement includes abatement for new improvements to the shore side of the property. Enterprise commenced construction on these new improvements in January 2015 and shall receive abatement for these new improvements in the amount of 100% for the first and second years; 75% for the third and fourth years; 50% for the remaining years of the agreement. The 2016 payment will be calculated based on 80% of the assumed city taxes due after multiplying the assessed value by the tax rate effective on October 1, 2015 or $0.69 per $100 of assessed valuation. Payments will be due to the City by February 1St of each year. A copy of the agreement is attached for your review. FUNDING SOURCE The estimated FY 2016 payment is $531,000. 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 an Industrial District Agreement with Enterprise Beaumont Marine West, LP. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Enterprise Beaumont Marine West, LP., its direct and indirect subsidiaries, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: 1 EXHIBIT "A" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2016 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract, as described in Article II, (herein "the properties" or "the Company's properties"). 2. By the term "Assessed Value" is meant the 100% valuation for the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2016 shall be due and payable on or before February 1, 2016. 2 The 2016 payment is calculated as follows: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1 80% of Assumed City Taxes Due = 2016 Payment Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2015, the 2015 assessed values shall be used for the February 1, 2016 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payment to City shall be 80% of assumed City taxes for the years 2016 - 2018, and 75% of assumed City taxes for the years 2019 - 2022. (c) The Company commenced construction on new improvements to the "shore side" in January 2015. The Company shall receive abatement for these new improvements in the amount of 100% for the first and second years; 75% for the third and fourth years; 50% for the 3 remaining years of the agreement. In order to properly identify property eligible for the abatement of new improvements, the Company will work with the Jefferson County Appraisal District ("JCAD") to create separate JCAD accounts and tax statements for the New Improvements related to the "Shore Side" construction. (d) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. 4 ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District, which are within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had been made. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City under this Agreement. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect 5 the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to 6 furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VII AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean the direct and indirect subsidiaries of the Company. 7 ARTICLE VIII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2016, and ending on December 31, 2022. ARTICLE IX NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager Enterprise Beaumont Marine West, LP City of Beaumont Attn: Curt Tate P. O. Box 3827 P.O. Box 4018 Beaumont, Texas 77704 Houston, Texas 77210-4018 ARTICLE X. CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. 8 IN WITNESS THEREOF, this Agreement, consisting of 9 pages, is executed in duplicate counterparts as of this day of , 2015. ATTEST: Tina Broussard City Clerk ATTEST: CITY OF BEAUMONT, TEXAS Mb - Kyle Hayes City Manager ENTERPRISE BEAUMONT MARINE WEST, LP 0 December 8, 2015 Consider authorizing the City Manager to execute an Industrial District Contract with Enterprise Refined Products Co, LLC s #M 11M W'q TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer% MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider authorizing the City Manager to execute an Industrial District Contract with Enterprise Refined Products Co, LLC. BACKGROUND Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits but within the extra territorial jurisdiction of the city. The City currently has a contract with Enterprise Refined Products Co, LLC, formerly known as Enterprise Products Pipeline Co that will expire December 31, 2015. The new contract will be effective January 1, 2016. The in -lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2016 through 2018 and 75% of property taxes due to the City in 2019 through 2022. The 2016 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2015 or $0.69 per $100 of assessed valuation. Payments will be due to the City by February 1 st of each year. A copy of the agreement is attached for your review. FUNDING SOURCE The estimated FY 2016 payment is $427,400. 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 an Industrial District Agreement with Enterprise Refined Products Co. LLC. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Enterprise Refined Products Co, LLC, its direct and indirect subsidiaries, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns land and improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: EXHIBIT "A" ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2016 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this contract, as described in Article II, (herein "the properties" or "the Company's properties"). 2. By the term "Assessed Value" is meant the 100% valuation for the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 2 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2016 shall be due and payable on or before February 1, 2016. The 2016 payment is calculated as follows: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1 80% of Assumed City Taxes Due = 2016 Payment Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2015, the 2015 assessed values shall be used for the February 1, 2016 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest, will be made within thirty (30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payment to City shall be 80% of assumed City taxes for the years 2016 - 2018, and 75% of assumed City taxes for the years 2019 - 2022. 3 (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February I each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District, which are within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY Company shall notify City of any sale of any or all of Company's facilities to any person or entity. As to payments due under this contract, no such sale shall reduce the amount due the City under this contract until the purchaser of such facility has entered into a contract in lieu of taxes with the City that provides for a continuation of payments to the City as if no such sale had 4 been made. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City under this Agreement. ARTICLE IV CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. E 2. The City further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE V TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. 2 ARTICLE VII AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean the direct and indirect subsidiaries of the Company. ARTICLE VIII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2016, and ending on December 31, 2022. ARTICLE IX NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 7 TO COMPANY Enterprise Refined Products Co, LLC Attn: Curt Tate P.O. Box 4018 Houston, Texas 77210-4018 ARTICLE X. CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate counterparts as of this day of 52015. ATTEST: Tina Broussard City Clerk ATTEST: CITY OF BEAUMONT, TEXAS I: Kyle Hayes City Manager ENTERPRISE REFINED PRODUCTS CO, LLC 8 f[U December 8, 2015 Consider a resolution authorizing the City Manager to award a bid to LD Kemp Excavating, Inc. of Fort Worth for the Landfill Cell 2 Construction Project BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph Majdalani, Public Works Director 5W MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a bid to LD Kemp Excavating, Inc. of Fort Worth in the amount of $1,411,638.40 for the Landfill Cell 2 Construction Project. BACKGROUND The City of Beaumont is currently permitted by the Texas Commission on Environmental Quality (TCEQ) to operate a total of eight (8) cells within the landfill. At present, the City's landfill operates two (2) cells and is in need of a third. The proposed cell is necessary per TCEQ regulations which require a specific sequence plan of construction to prevent erosion and spill-over. On November 19, 2015 five (5) formal bids were received. The bid totals are shown in the table below with the unit cost tabulation attached. Contractor Location Bid LD Kemp Excavating, Inc. Fort Worth, TX $1,411,638.40 Environmental Industrial Services Group, Inc. Houston, TX $1,596,291.95 Pickett Industries Bossier City, LA $1,719,000.00 4X Construction Group, LLC Mansfield, TX $1,738,135.45 Allco, LLC Beaumont, TX $1,753,496.52 LD Kemp Excavating, Inc. has committed a registered Minority Business Enterprise (MBE) contractor participation in the amount of $13,600.00. A total of 105 calendar days is allocated for the completion of the project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to L.D. Kemp Excavating, Inc., of Fort Worth, Texas, in the amount of $1,411,638.40 for the Solid Waste Landfill Cell 2 Construction Project as described in the bid tabulation attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - CITY OF BEAUMONT LANDFILL BID NO. PW 0915-14 - CELL 2 LINER CONSTRUCTION BID TABULATION The Bid Proposals submitted ban been reviewed and to the bat of my knowledge this is an accurate bid tabulation of the bids received. By: Ryan Kuntz, P.E., Project Manager, SCS Engineers Date: 11730/15 General Requirements (Subtotal): S 87,2511.00 S 109,053.00 S 65,000.00 Cell 2 Liner (Subtotal): S 1,388,149.00 S 1,202,585.40 S 1,431,291.95 Allowance: S 100,000.00 S 100,000.00 S 100,000.00 Total Cell 2 Liner: S 1,575599.00 ® S 1596,291.95 S 115,000.00 S 132,500.00 S 109,088.]OUJ S 1504,000,00 S 1„505,635.45 S 1544,408.42 S 100,000.00 S 100,000.00 S 100,000.00 S 1,719,000.00 S 1,738,135,45 S 1.753.498 s2 MAN Represents a mathematical error on the submitted bid schedule. The total Shown for Bid Item 12 and for the project in this bid tabulation does not match the submitted bid schedule w a result of the bidders addition error. The difference bem-n the submitted bid and this bid tabulation is $0.70. SCS ENGINEERS _..r..__. - �....._._ .... ...... ...........a rmxett maustnes 4s Construction ALLCO BID ITEM ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICF. TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL. UNIT PRICE TOTAL UNIT PRICE TOTAL GENERA L.REQUIREMENTSF , .. a ,, .., �. .: 1 . •. .,.. -y: r."' , .' - _., .; ,:.. ..t:.= .- . ,-. ,. .... I Mobilization and Dcmobdization I LS 1 69,800.00 $ 69,800.00 S 71,053-00 $ 71,053.00 S 45,000.00 S 45,000.00 $ 85,000.00 $ 85J,00 00 $ 86,300.00 $ 86,500.00 S 85.000.00 S 85,000.00 2 Layout oC Work and Survns " _. �.. 1 LS S 17,450.00 f 17,450.00 $ 38,000.00 $ 38.000.00 S 20,000.00 S 20.000.00 S 30,000.00 $ 30,000.00 S 46 000.00 S 46,000.00 S 24,088.10 S 24.088.10 CELL 2 CONSTRT)CI70N'- . _:. . - 3 Clearing and Grubbing LS S 75,600 $ 75,600.00 S 19,525 S 19.525.00 S 37.500 S 37.500. U0 S 65.000 S 65,000.00 S 60.100 S 60,1. S 0000 35.896 S 35.896.30 J Excavation - Cell 2 Liner Subgrade 78,000 CY S 3.25 S 253,500.00 S 2.30 $ 179,400.00 S 3.30 S 257.400.00 S 3.57 S 278,460.00 S233,300.00 S 1.00 S 23J,000.00 5 Excavation - Liner Tie-in (Cell 3A) 600 LF S 15.00 S 9,000.00 $ 22.80 f 13,680.00 f 25.00 $ 15,000.00 S 7.00 S 4,200.00 S 14.50 S 8,700.00 S 37.65 S 22,590.00 6 Engineered Fill - Cell 2 Base Grade 5,000 CY S 3.50 S 17,500.00 S 3.30 f 16,500.00 S 4.60 f 23,000.00 S 1.25 S 6,250.00 S 1.00 S 5,000.00 S 5.49 S 27,450.00 7 2 -foot ProteetiAv Cover 46,645 SY S 2.50 S 116,613.00 S 2.00 $ 93,290.00 S 2.00 $ 93,290.00 f 3.20 S 149,264.00 S 3.30 S 153,928.50 S 4.32 S 201,506.40 8 Drainage Ag ate (Leachate Collection Trench end Sump) 1,450 CY S 80.00 S 116,000.00 S 90.36 $ 131,022.00 S 96.00 $ 139,200.00 f 85.00 S 123,250.00 S 120.00 S 174,000.00 S 65.24 S 94,596.00 9 12 oz Non -Woven Gemextile (Leachate Collection Trench and Sum) 80,600 SF S 0.40 f 32,240.00 S 0.26 S 20,956.00 $ 0.22 S 17,732.00 S 0.24 S 19,344.00 $ 0.35 S 28,210.00 $ 0.36 S 30,628.00 10 2 -Coot Compacted Clay Lina 46,615 SY $ 3.00 S 139,935.00 S 2.84 f 132,471.80 S 2.59 S 120.810.55 S 3.60 S 167,922.00 S 4.00 S 186,580.00 S 3.65 S 170,254.25 I I 60 -mil HDPE Gmembrane (Smooth) eo 339,073 SF S O.SS f 186,491.00 S 0.47 S 159,365.25 S 0.66 S 223,789.50 S 0.48 S 162,756.00 S 0.47 f 159,365.25 S 0.66 S 2.30,571.00 12 60 -mil HDPE Geomembrene (Textured Both -Sides) 80,730 SF S 0.65 S 52,475.00 f 0.59 S 0.94 S 75,886.20 S 0.90 f 64,564.00 S 0.57 f 46,016.10 S 0.64 S 67,813.20 13 250 -mil Geocomposite (Single -Sided) 349,625 SF S 0.55 S 192,294.00 f 0.45 $ 157,331.25 S 0.54 S 188,797.50 S 0.52 $ 161,605.00 $ 0.48 S 167,820.00 S 0.60 S 209,775.00 14 250 -mil Geocornposite (Doublo-Sided) 77,460 SF S 0.60 S 46,476.00 $ 0.64 S 49,574.40 S 0.97 S 75,136.20 S 0.90 S 69,714.00 S 0.61 S 47,250.60 1 0.89 S 68,939.40 Is 6 -inch HDPE SDR 11 Perforated Pipe (leachate collection trenches) 2,500 LF S 20.00 S 50,000.00 S 19.00 S 47,500.00 S 16.00 f 40,000.00 S 17.50 S 43,750.00 S 25.00 f 62,500.00 S 12.99 S 32,475.00 166 -inch HDPE SDR I I Solid Pi (cleanout risers) 200 LF f 16.50 S 3,700.00 S 19.00 $ 3,600.00 $ 16.00 S 3,200.00 $ 31.00 f 6,200.00 $ 45.00 $ 9,000.00 S 17.69 S 3,538.00 17 18 -inch HDPE SDR 17 Perforated and Solid Pipe 75 LF $ 95.00 S 7,125.00 S 72.68 S 5,451.00 S 82.00 S 6,150.00 $ 108.00 $ 8,100.00 S 85.00 S 6,375.00 S 74.18 f 5,563.50 s 1s Leachate Pump, Controls, and Connection to Existing Leachate Transfer Pipe 1 LS f 40,000.00 S 40,000.00 f 42,020.DO S 42,020.00 f 35,000.00 S 35.000.00 $ 73,401.00 S 73,401.00 $ 60,000.00 S 60,000.00 S 55,175.00 S 55,175.00 19 Concrete Sump/Cleanout Riser Pipe Retaining Wall 1 LS $ 9,000.00 f 9,000.00 f 18,740.00 S 18,740.0 S 16,00(1.00 f 16,000.00 $ 5,800.00 S 5,800.00 S 9,490.00 S 9,490.00 f 8.401.28 f $.401.28 - 20 Temporary Underdrain Dewatering Trenches end Sum 2,200 LF S 16.00 S 35,200.00 S 19.24 f 42,326.00 f 22.00 f 4$,400.00 $ 29.50 S 64,900.00 S 24.00 S 52,800.00 f 4.64 S 10,648.00 m 21 Landfill Berm (External Sideslope), Seed, Fertibmr & ECB 1 LS f 5.000.00 S 5,000.00 S 22,000.00 f 22,000.00 f 15,000.00 f 15.000.00 S 9,300.00 S 9,300.00 S 15,000.00 S 15,000.00 S 34,566.09 S 34.566.09 T NA Allowance - S 100.000.00 $ _ _ 100,000.00 f 100,000.00 S 100,000.00 S 100,000.00 S 100,000.00 S 100.000.00 S 100.000.00 S 1 no rum nn t t nn nnn nn c um onn m c y General Requirements (Subtotal): S 87,2511.00 S 109,053.00 S 65,000.00 Cell 2 Liner (Subtotal): S 1,388,149.00 S 1,202,585.40 S 1,431,291.95 Allowance: S 100,000.00 S 100,000.00 S 100,000.00 Total Cell 2 Liner: S 1,575599.00 ® S 1596,291.95 S 115,000.00 S 132,500.00 S 109,088.]OUJ S 1504,000,00 S 1„505,635.45 S 1544,408.42 S 100,000.00 S 100,000.00 S 100,000.00 S 1,719,000.00 S 1,738,135,45 S 1.753.498 s2 MAN Represents a mathematical error on the submitted bid schedule. The total Shown for Bid Item 12 and for the project in this bid tabulation does not match the submitted bid schedule w a result of the bidders addition error. The difference bem-n the submitted bid and this bid tabulation is $0.70. SCS ENGINEERS 11 December 8, 2015 Consider a resolution approving the award of a contract to Marsh Waterproofing, Inc. of Vidor for improvements to the exterior fayade, masonry and roof repairs at the Tyrrell Historical Library BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Superintendent MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract to Marsh Waterproofing, Inc. of Vidor, Texas for improvements to the exterior fagade, masonry and roof repairs at the Tyrrell Historical Library. BACKGROUND The Tyrrell Historical Library is experiencing problems with moisture and water intrusion through the stone fagade, window frames, and roof flashing. The moisture intrusion is causing interior damage to the plaster wall surfaces and wood framed window system. The restoration project is needed to protect the integrity of the structure and extend the life of the facility. On Thursday, November 5, 2015, bids were solicited for furnishing all labor, materials, equipment and supplies for the project. Two (2) bids were received as follows: Contractor Location Bid Marsh Waterproofing, Inc. Vidor, Texas $297,420.00 United Restoration & Houston, Texas Preservation, Inc. $1,761,999.00 Marsh Waterproofing stated in their bid proposal that the project will be completed within 140 consecutive calendar days. FUNDING SOURCE Tyrrell Historical Trust Fund and Gas Royalties reserved within the Miscellaneous Expendable Trust Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for the Tyrrell Historical Library Exterior Facade, Masonry Roof Repairs and Restoration Project; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a bid in the amount of $297,420.00, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes; and, WHEREAS, City Council is of the opinion that the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, in the amount of $297,420.00, as shown on Exhibit "A," attached hereto and made a part hereof for all purposes, for the Tyrrell Historical Library Exterior Fagade, Masonry, Roof Repairs and Restoration Project be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Marsh Waterproofing, Inc., of Vidor, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - BID TABULATION CITY OF BEAUMONT TEXAS — FACILITIES MAINTENANCE PROJECT: Tyrrell Historical Library — Exterior Fagade, Masonry & Roof Repairs & Restoration DATE: 11-5-2015 TIME: 2:00 PM EXHIBIT "A" Alternate Perf. & CONTRACTOR 5% ADDENDA BASE BID #1 Payment DAYS BOND Bond Marsh Yes 1&2 $228,000 $65,000 $4,420 Waterproofing, 140 Inc. United Yes 1 & 2 $1,366,593 $380,240 $15,166 Restoration & 180 Preservation, Inc. EXHIBIT "A" IN, December 8, 2015 Consider a resolution approving the purchase of a pumper fire truck from Siddons-Martin Emergency Group of Denton T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer (' MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider a resolution approving the purchase of a pumper fire truck from Siddons-Martin Emergency Group Of Denton, Texas in the amount of $652,000. BACKGROUND The 2016 Velocity pumper fire truck will be designated as Engine 1 and housed at Station 1. Unit 7073, a 1985 American LaFrance pumper truck, will be disposed of according to the city surplus equipment disposal policy. Pricing for the equipment was obtained through the Houston -Galveston Area Council (H -GAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H -GAC complies with State of Texas procurement statutes. Manufacturer's warranty for the truck is two (2) years. Delivery is expected within eight (8) to nine (9) months. FUNDING SOURCE Financing will be obtained during fiscal year 2016. RECOMMENDATION Approval of resolution. i7 �A� CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only Contract FS12-13 No.: Date 11/20/15 Prepared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly. Buying .Beaumont Fire Department Agency: Contractor: Siddons-Martin Emergency Group Contact iAsst. Chief Chris Singler Person: Prepared (Jeff Doran By: Phone: Phone: ;800 784-6806 Fax: Fax: 1281-442-0850 Email: Email: jdoran(a�siddons-martin.com ProductPierce Code: UCOS Saber, 4 -Door, Full -Tilt, Aluminum Cab, Aluminum Body, Single Axle, 1250 GPM Pump, Mid - Description: Mounted Pumper A. Product Item Base Unit Price Per Contractor's H -GAC Contract: $316,530.0() B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description Cost Subtotal From Additional Sheet(s): $252.198.00 Subtotal B: $251198.00 C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description Cost Description Cost Subtotal From Additional Sheet(s): $81,272.00 Subtotal C: € $81,272.00 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit For this transaction the percentage is: Price plus Published Options (A+B). D. Total Cost Before Any Applicable Trade -In / Other Allowances / Discounts (A+B+C) Quantity Ordered: X Subtotal of A + B + C: 650000.0015 = Subtotal D: $650,000.00 E. H -GAC Order Processing Charge (Amount Per Current Policy) Subtotal E: $2,000.00 F. Trade -Ins / Other Allowances / Special Discounts / Freight / Installation Description Cost Description Cost Chassis Pre -Pa} ment Discount Aerial Pre -Payment Discount 100% Pre -Payment Discount Trade Inn :111owAnce Subtotal F: $0.00 Delivery Date:: IF G. Total Purchase Price (D+E+F): $652,000.00 Pulse Published Unpublished Number Qty Description Options Options 106 1 TAK-4 Suspension $12,352.00 107 1 Telma Retarder, Single Axle $12,731.00 117 1 Additional Air Tanks $307.00 205 1 Electric Windows $871.00 210 4 Upgrade SCBA Bracket to Hands Free $2,596.00 215 1 Safety System $8,574.00 221 1 Upgrade from Saber to Velocity $104,778.00 310 1 Pierce Husky 12 Dual Agent (5) Discharge $24,327.00 312 1 Pierce Hercules CAFS to (5) Discharges $27,888.00 313 2 Foam Cell 20 Gallons $2,662.00 402 1 Add Front Bumper Line(including hose tray & cover) $2,886.00 403 1 Add 19" Extended Steel Painted Bumper $2,346.00 410 1 Add Large Diameter Side Discharge 5" with 4" valve $3,997.00 411 1 Add Mechanical Seal to Pump $749.00 420 1 Increase Pump from 1250 to 1500 gpm $5,014.00 425 2 Provide 2) S eedla s w/ Tray's IPO Crosslay with Rollers $12,458.00 453 1 Hose Bed Cover, Aluminum $5,834.00 459 12 Mate Flex in Enclosed Compartments Per Shelf $1,404.00 460 1 Roof Compartment, Each $2,979.00 463 3 Slide -out floor tray $2,136.00 477 1 Auto -e ect 20 am $458.00 478 1 Dual -Pro Battery Charger $735.00 486 2 SCBA Cylinder storage in fender panel double (each) $1,524.00 971 1 Add Right High Side Compartments $3,226.00 972 1 Add Top Pump Control $6,888.00 977 Ladder Storage next to tank $2,478.00 0000000 2 Hose, Hard Suction, 6.00", Clear Corrugated PVC $2,148.14 0000000 2 TFT Jumbo Ball Intake Valve 6" FNH to 5" Storz - Manual Control - July 2011 $3,750.00 0001953 1 Wheel cover, S/S, 12.25" & 13.00" (front pair) $717.23 0001955 1 Wheel liners, S/S, 8.25/9.00" disc, rear, pair $1,045.57 0001960 1 Axle Hub Covers, Rear, S/S, High Hat (Pair) $268.75 0002224 1 Scuffplates, S/S At Cab Door Jambs, 4 -Door Cab $681.04 0003931 1 Microphone & Speaker w/ Plain Door - Top Mt Panel $396.45 0004150 4 Handrail, Extra - 15-20" Long $894.89 0004361 2 Tubes, Alum, Pike Pole Storage $325.13 0004710 2 Control, Inlet, at Top Mount Panel $0.00 0004940 1 Add Outlet, Left Side, 2.50" $1,707.35 0004945 1 Add Outlet, Right Side, 2.50" $1,707.35 0004995 2 Outlet, Rear, 2.50" $4,046.76 0005099 1 Elbow, Large Dia Outlet, 30 Deg, 5.00" FNST x 5.00" Storz $488.57 0006240 1 Cable, Radio to Intercom Interface, Firecom, 1 Radio $417.46 0006750 1 Electric Start, Generator $676.10 0006792 2 Receptacle, 15A 120V 3 -Pr 3-Wr TL, Gen, Wtrprf $569.18 0014112 2 Tray, Hose, Running Board, Special Capacity $1,194.29 0019160 1 Stripe, Reflective, 4" Additional on Front Bumper $108.06 0019845 7 Guard, Drip Pan, S/S, Rollup Door $944.24 0022899 1 Switch, Second Siren Brake, Chrome Push Button $120.09 0029253 1 Troughs, (2) H.S.H., High Side, Alum, Painted $1,028.14 0030361 1 Mount, Elkhart #8298 (for Elkhart Stinger) Customer installed monitor $373.03 0032602 1 Speedometer, Class 1 w/LED, Officer Overhead $540.40 0037027 2 Lettering, Hose Bed Cover, White Reflective on Rear Flap $90.32 0056084 1 Wiring & Mount, Siren, Federal Q26, Cust Installed $714.30 0060637 1 Frame Liner, Inv "L" 12.68" x 3.00" x .25", AXT/Vel/Imp, Full Length, 56"oval $1,712.57 0061683 1 Compressor, Air, Kussmaul 091-9HP 120V Brake Sys $1,524.94 0066607 1 Circuit Breaker Panel, Square D $685.97 0076719 1 1 Step, Walkway, Full Width of Walkway $263.20 0079144 1 1 Inserts, Screws, For All Cab Door Panels $352.23 0080713 1 Control, Air Horn At Pump Panel w/Red Button, Labeled "Evacuation" $174.37 0082587 2 Folded Ribbon in Reflective Stripe, Pair With Air Brushing $925.34 0123686 1 Drip Rail, Cab Roof, ImpelNelocity/Velocity SLT $282.68 0199536 1 Cabinet, EMS, Forward Facing, Center, 42 W x 48 H x 24 D, Imp/Vel $2,142.98 0505016 1 Drain, 1.00", Foam Tank #1, Husky 12 Foam System $0.00 0505017 1 Drain, 1.00", Foam Tank #2, Husky 12 Foam System $0.00 0505155 1 Flap, Rear of Alum Hose Bed Cover, Two Piece, Vinyl $511.60 0506699 1 Oil, Synthetic Gear, Front and Single Rear Axle, Custom Chas, Mobil SAE 75W-90 $565.21 0507687 1 Caps for 1.00" to 3.00" Discharges/Inlets, S/S Cable $75.67 0509837 1 Adjustable Brake & Throttle Pedals $449.83 0512420 1 Key Pad, Electric Door locks, DS & PS, ImpNel $439.71 0512421 1 Key FOB, Electric Door Locks, Two (2) Additional, ImpNel $94.23 0519961 1 Lettering, Website Address, Reflective, Pair $174.67 0527032 1 Trim, S/S Band, Across Cab Face, Rect Lights, Velocity $236.86 0529684 1 Light, Traffic Directing, Whelen TAL65, 36.01" Long LED $1,149.91 0530266 1 Location, Traf Dir Lt Controller, Engine Tunnel $57.60 0540804 2 Lights, Rear, Whelen M6'C LED, Clear Lens $742.68 0547505 2 Wiring, Spare, 10 A 12V DC 1st $281.25 0548001 1 Wiring, Spare, 10 A 12V DC 2nd $141.86 0548004 1 Wiring, Spare, 15 A 12V DC 1st $109.48 0548009 1 Wiring, Spare, 20 A 12V DC 1st $103.51 0548182 1 Pike Pole, 6' Nupla, Fiberglass, I Beam, SPD-6 $237.93 0548193 1 Pike Pole, 8' Nupla, Fiberglass, I Beam, SPD-8 $258.27 0551728 1 Location, Traf Dir Lt, Recessed with S/S Trim $379.27 0552484 1 Refill, Foam Tank, Dual Tank, Husky 12 $1,828.78 0552567 1 Shutoff Valve, Fuel Line @ Fuel Tank $134.90 0552777 1 Fuel Pump for Repriming $678.57 0555472 1 Wiring, Spare, 10 A 12V DC 3rd $141.86 0556842 1 Bezels, Whelen, (2) M6 Chrome Pierce, For mtg (4) Whelen M6 lights $562.72 0559156 1 Install Customer Provided Two-Way Radio(s) $894.08 0559508 2 Install Customer Provided Two-Way Radio Remote Head Cable $576.82 0559682 1 Paint, Two Tone, Cab, w/Shield, Custom Cab $1,059.39 0562348 1 Fasteners, Mechanical, Strip Lighting In Compartments $135.71 0564683 1 Lights, Tail, Whelen M6BTT' Red LED Stop/Tail & M6T' Amber LED Dir Arw For Hsg $762.53 0566101 1 Recess, Dash Panel, Officer Side, Vel/Imp $494.90 0589269 1 Shelf, Adjustable, EMS Compt, .75" Lip $139.83 0589761 1 Light, Whelen, 12V PFP1 Pioneer LED Floodlt, PBA103 Recessed 15 Deg 2nd $1,407.69 0589768 1 Light, Whelen, 12V PFP1` Pioneer LED Floodlt, PBA103 Recessed 15 Deg 1st $1,407.69 0590926 2 Hose Restraint, Running Board, Velcro Straps $245.32 0592990 4 Step, Folding - Extra, Body Only, Luminescent w/LED, Trident $1,820.40 0599570 2 Lights, Side, Whelen M6'C LED, Clear Lens, 2nd $742.68 0604835 2 Step, Stirrup Cable Style, Extra, S/S Cable, Pumper $1,450.75 0615100 1 Pierce Command Zone, Advanced Electronics & Control System, Diag LEDs, Vel, WFi $1,995.11 0615386 1 Vehicle Information Center, 7" Color Display, Touchscreen, MUX $2,095.43 0615609 1 Fittings, Compression Type, Entire Apparatus, Single Rear Axle $1,357.13 0618240 1 Light, Visor, Whelen, 12V PFA2' Pioneer LED Floodlt 1st $1,652.28 0629546 1 Lights, Deck, Whelen (2) MPPW Micro Pioneer LED Rear Flood Lights $1,475.75 0630696 1 Compt, (1) Backboard (1) Step Ladder, Rear of Cargo Compartment $1,182.25 0631779 1 Light, Map, Overhead, Round Halogen, AXT/ImpNel/Dash CF, Hawk EX $0.00 0632066 1 Compt, Long Item Storage, Over Pump $1,189.36 0633066 2 Sleeve through Tank $683.84 0635523 3 Light, Below Alum Hose Bed Cover, Amdor LumaBar H2O, AY-9500-040, 40" LED $805.34 0636573 1 Inlet/Outlet, Air, Female Fitting, Milton "M" $624.86 0638492 1 Camera, Safety Vision, Driver Mux, R,PS,DS,F Cameras $3,980.15 0644551 1 Raise Side Sheet, In-line With Top of Body, Enclosed Pump House $488.17 0647320 1 Antenna, Antenna Plus AP-NAV-CWG, AP-Cell/LTE/WFi/GPS $552.81 0648713 1 Headlights, Rectangular LED, JW Speaker, ImpNel $1,850.47 0653937 1 Flasher, Headlight Alternating $100.53 0655511 1 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab $319.96 0659231 1 Control, Mech Siren, Horn Ring, PS Overhead Sw, PS Push Button Location $134.29 0659244 1 Compt, Storage, Box, Medical, Medi-Kool MK747, Location $7,273.01 Base Bid $316,530.0 Published Options $252,198.00 Total Published Options $568,728.00 ,Unpublished Options $81,272.00 14.29% Total Options w/o HGAC Fee $650,000.00 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) 2016 Velocity pumper fire truck for use by the Fire Department from Siddons-Martin Emergency Group, of Denton, Texas, in the amount of $652,000.00 through the Houston -Galveston Area Council (H -GAC) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames - WORK SESSION * Review and discuss establishing Empowerment Zone Number Six for an area surrounding Lamar University 13 December 8, 2015 Consider an ordinance establishing Empowerment Zone Number Six for an area surrounding Lamar University BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 8, 2015 REQUESTED ACTION: Council consider an ordinance establishing Empowerment Zone Number Six for an area surrounding Lamar University. BACKGROUND In partnership with Lamar University and the Greater South Park Neighborhoods Partnership, the City is proposing to establish the Lamar Neighborhood Empowerment Zone. This would be the sixth Neighborhood Empowerment Zone. In recent months, the city has increased its efforts to encourage redevelopment within the area surrounding Lamar University and Lamar Institute of Technology. It is the goal of this new zone to offer economic incentives in this area to attract new businesses and residences as well as encourage the redevelopment or growth of existing businesses and residences. Specifically, the zone would offer the following economic development incentives. 1) A possible three (3) year, 100% municipal tax abatement for all added value for investments greater than $50,000 for residential uses and $75,000 for all other uses and a possible, additional four (4) year, 100% abatement for projects in excess of $5 Million. 2) Building fee waivers (not including tap and meter fees). 3) Expedited permit review. 4) Lien waivers for any lien claimed by the City for demolition or high grass abatement expenditures. Attached is a map of the proposed Lamar Neighborhood Empowerment Zone (Number Six). FUNDING SOURCE Revenues from waived fees and liens and abated ad -valorem taxes would be forgone, but the long-term economic impact associated with new development should positively affect future budgets. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE DESIGNATING AREAS OF THE CITY OF BEAUMONT AS NEIGHBORHOOD EMPOWERMENT ZONE #6 PURSUANT TO THE TEXAS NEIGHBORHOOD EMPOWERMENT ZONE ACT (TEXAS LOCAL GOVERNMENT CODE, CHAPTER 378); PROVIDING TAX INCENTIVES; ADOPTING TAX ABATEMENT GUIDELINES AND CRITERIA; AND DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE EMPOWERMENT ZONE. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business and residential enterprises located in areas of the City; and, WHEREAS, to further this purpose, it is in the best interest of the City to designate such areas as Neighborhood Empowerment Zones pursuant to the Texas Local Government Code, Chapter 378; and, WHEREAS, the Council finds and determines that the creation of the empowerment zone #6 in the Lamar University neighborhood would promote the creation of affordable housing, including manufactured housing, increase economic development, increase the quality of social services, education, or public safety provided to the residents in the zone, or the rehabilitation of affordable housing in the zone -,and, WHEREAS, the City Council finds and determines that the creation of the zone satisfies the requirements of the Texas Redevelopment and Tax Abatement Act, specifically Tax Code Section 312.202; 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, determined, and adopted. Ccrrfinn 7 That the City Council hereby designates the areas set forth in Exhibit "A," attached hereto and incorporated herein for all purposes, as Neighborhood Empowerment Zone #6 (herein referred to as the "zone") Section 3. That the City Council finds that the zone meets the qualification of the Texas Local Government Code, Chapter 378. Section 4. That the City Council finds that the creation of the zone benefits and is for the public purpose of increasing the public health, safety, and welfare of the persons in the City of Beaumont. —onfinn 1, That the guidelines and criteria governing tax abatement agreements attached hereto as Exhibit "B" are hereby adopted. By such action the City of Beaumont elects to become eligible to participate in tax abatement. Section 6. That the City Council directs and designates the City Manager as the City's authorized representative, to act in all matters pertaining to the designation of the areas described herein as Neighborhood Empowerment Zone #6. law. Section 7. That this ordinance shall be effective from and after its passage as provided by Section 8. 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 9. 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 on this the 8th day of December, 2015. -Mayor Becky Ames - EMPOWERMENT ZONE NUMBER SIX The City of Beaumont Empowerment Zone Number Six. Said area being more fully described below as follows: STARTING at the Point of Beginning, at the southwest corner of the described area, being the intersection of the centerline of Cardinal Drive (aka State Highway 69) and the centerline of S. Kenneth Avenue; Then with the centerline of S. Kenneth Avenue approximately 2120 ft. northwest to the intersection of the centerline of S. Kenneth Avenue and the centerline of Florida Avenue; Then with the centerline of Florida Avenue approximately 235 ft. west to the intersection of the centerline of Florida Avenue and the centerline of Kenneth Avenue; Then with the centerline of Kenneth Avenue approximately 3020 ft north to the intersection of the centerline of Kenneth Avenue and the centerline of W. Woodrow Avenue; Then with the centerline of W. Woodrow Avenue approximately 90 ft east to the intersection of the centerline of W. Woodrow Avenue and the centerline of Kenneth Avenue; Then with the centerline of Kenneth Avenue approximately 3150 ft north to the intersection of the centerline of Kenneth Avenue and the centerline of Elgie Street; Then with the centerline of Elgie Street approximately 1080 ft east to the intersection of the centerline of Elgie Street and the centerline of Highland Avenue, also being the intersection of Highland Avenue and E. Elgie Street; Then with the centerline of E. Elgie Street approximately 1695 ft east to the intersection of the centerline of E. Elgie Avenue and the centerline of S. Martin Luther King Parkway; Then with the centerline of S. Martin Luther King Parkway approximately 1300 ft southeast to the intersection of the centerline of S. Martin Luther King Parkway and the centerline of Adams Street; Then in a northeast direction along the northwest property line of the Southeast Texas Food Bank, described as Plat B-16, Tract 188-X, JW bullock Survey, Abstract 7, to the southwest right- of-way line of the Kansas City Southern Railroad; Then with the southwest right-of-way line of the Kansas City Southern Railroad approximately 4910 ft southeast to the northwest right-of-way line of the Union Pacific Railroad; M:/.11:3111111V_Vi Then with the northwest right-of-way line of the Union Pacific Railroad approximately 1274 ft to the centerline of S. Martin Luther King Parkway and centerline of the Union Pacific Railroad; Then in a southeast direction along the centerline of S. Martin Luther King Parkway approximately 1934 ft to the intersection of S. Martin Luther King Parkway and the north right- of-way line of East Cardinal Drive (aka State Highway 69). Then meandering along the north right-of-way line of E. Cardinal Drive (aka State Highway 69) and W. Cardinal Drive approximately 7415 ft west to the intersection of the centerline of W. Cardinal Drive (aka State Highway 69) and the centerline of S. Kenneth Avenue, arriving at the Point of Beginning. Lamar Neighborhood Empowerment Zone (#6) RICK WITK OTlORTOKITT RAMON* T• E• X - A - S City of Beaumont Neighborhood Empowerment Zone Incentive Policy Program Goals: It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. Definitions: A. Abatement: full or partial exemption for ad valorem taxes of eligible properties in a reinvestment zone designated as such for economic development purposes. B. Agreement: a contractual agreement between a property owner and a taxing jurisdiction for the purpose of a tax abatement. C. Base Year Value: the assessed value of either the applicant's real property and improvements located in a designated reinvestment zone on January 1 of the year prior to the execution of the agreement plus the agreed upon value of any property improvements made after January 1 of that year but before the execution of the agreement, and/or the assessed value of any tangible personal property located on the owner's real property on January 1 of the year prior to the abatement period covered by the agreement. D. Facility: property improvements completed or in the process of construction which together comprise an integral whole. E. Incremental Value: the amount of assessed value of the project that is in addition to the Base Year Value of applicant's real property at their prior location. F. Neighborhood Empowerment Zone: is an area designated as such for the purpose of providing economic incentives, including a tax abatement, as authorized by the City of Beaumont in accordance with Texas Local Government Code Annotated Section 378 as amended. G. Real Property: area of land defined by legal description as being owned by the person applying for a tax abatement, including any improvements thereto, which is to be improved and valued for property tax purposes, and which is to be, included in the Neighborhood Empowerment Zone. H. Substantial Investment: a project deemed as an eligible facility under this policy, that exceeds $5,000,000 in capital investment. Program Policy: It is the policy of the City of Beaumont that consideration will be provided in accordance with the guidelines, criteria and procedures outlined in this document. This policy applies to the owners of real property. Project consideration will include the potential impact of the reinvestment project on the immediate and surrounding area. A. Authorized Facility : Neighborhood Empowerment Zone Incentives may be granted within a Neighborhood Empowerment Zone for new construction or renovation of single- family uses for investments of $50,000 or greater and may be granted for all other uses for investment of $75,000 or greater. B. Eligible Property: Neighborhood Empowerment Zone Incentives may be granted for new construction or renovation of owner -occupied single-family homes, office, retail, hotel and meeting facilities, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone, designated by the City Council of the City of Beaumont, Texas. C. No incentives shall be granted for development resulting from the relocation of an eligible facility from one area of the city to within the Neighborhood Empowerment Zone, excepting projects considered "Substantial Investments," as defined herein. Procedural Guidelines: Any person, partnership, organization, corporation or other entity desiring that the City of Beaumont consider providing Neighborhood Empowerment Zone incentives shall be required to comply with the following procedural guidelines. No representations made herein considered binding unless and until approved by the City of Beaumont City Council. Preliminary Application: Applicants shall submit a completed "Application for Neighborhood Empowerment Zone Development Incentives" form for consideration of incentives to the Community Development Department of the City of Beaumont, 801 Main Street, Beaumont, Texas 77701. 2 Consideration of the Application: A. The City Manager will consider requests for incentives in accordance with these policies, pursuant to Chapter 378 of the Texas Local Government Code. Additional information may be requested as needed. B. The City Council may enter into an agreement that outlines the terms and conditions between the City and the applicant, and governs the provision of the incentives. Inspection of the Project: During the term of such agreement, the City of Beaumont will have the right to inspect the project facility during regular business hours to ensure compliance with the agreement and accuracy of the owner certification. Recapture: If a project is not completed as specified, or if the terms of the incentive agreement are not met, the City has the right to cancel or amend the incentive agreement and all previously waived fees and abated taxes shall become due to the City and liens may be reattached. Effect of Sale, assignment or lease of property: No incentive rights may be sold or assigned without the approval of the City Council. Any sale, assignment or lease of the property may result in execution of the recapture provision, as outlined above. Types of Incentives Available: Buildine Fee Waivers The Building Construction Fee Waiver Program affords property owners an exemption from planning and building fees associated with new construction or renovation and occupancy of eligible facilities within the target area. Expedited Permit Reviews: In order to facilitate redevelopment within the Neighborhood Empowerment Zones, the Community Development Department is committed to assisting applicants through the planning and permit review process as quickly as possible. 3 Lien Waivers In order to render properties with Neighborhood Empowerment Zones more marketable, the Lien Waiver Program affords property owners a release of liens attached to properties as the result of demolitions or expenditures associated with cutting high grass. Release of such liens would only be allowed in conjunction with new construction or renovation of eligible facilities within the target area. Construction Tax Abatement The Construction Tax Abatement Program is an economic development tool designed to provide incentives for the new construction or renovation of single-family homes, office, retail, restaurant and multi -family residential facilities within a Neighborhood Empowerment Zone. The Construction Tax Abatement Program is intended to contribute to area development by attracting additional capital and human investment to the area as well as additional residents to support economic development activities within the area. Value of Abatements: authorized facilities may be granted a municipal tax abatement on all or a portion of the increased taxable value of eligible property over the base year value for a period not to exceed three (3) years, except as outlined below. Tax Abatement Program Guidelines: The eligibility requirements are as follows: Investment Municipal Tax Abatement Schedule $50,000 & up for residential uses and 100%; or 100% of the incremental value for Substantial I" Year $75,000 & up for all other uses Investments relocating within the City. $50,000 & up for residential uses and 100%; or 100% of the incremental value for Substantial nd $75,000 & up for all other uses Investments relocating within the City_ 2 Year $50,000 & up for residential uses and 100%; or 100% of the incremental value for Substantial $75,000 & up for all other uses Investments relocating within the City. [3�Year $5,000,000 or more for any eligible 100% for new investments and the incremental value for use Substantial Investments relocating within the City. 4th Year $5,000,000 or more for any eligible 100% for new investments and the incremental value for use Substantial Investments relocating within the City. 5th Year $5,000,000 or more for any eligible100% for new investments and the incremental value for use I Substantial Investments relocating within the City. 6th Year $5,000,000 or more for any eligible 100% for new investments and the incremental value for use Substantial Investments relocating within the City. 7th Year 4 Abatement Program Considerations: A. The final valuation determined by the Jefferson County Appraisal District will be used to determine the actual yearly tax abatement exemption. B. The tax abatement shall be granted only to the owner of the property. C. No tax abatement exemption shall be effective until the applicant has met all of the eligibility requirements contained in the guidelines and policies, state law, and City of Beaumont codes. D. There shall be no retroactive tax abatement exemptions — all tax abatement exemptions become effective only on or after the date the City Council approves the tax abatement agreement. E. The applicant shall agree to hold the City of Beaumont, its agents, employees and public officials harmless and pay all attorneys' fees that are generated by any dispute regarding the tax abatement agreement. F. Personal and or real property identified before the period covered by the abatement agreement will not be eligible for abatement. WORK SESSION * Review and discuss subdivision regulations within the City of Beaumont's Extraterritorial Jurisdiction (ETJ) WORK SESSION * Review and discuss private warranty programs available for customer water/sewer lines WORK SESSION * Discuss the possibility of requesting proposals for the management of the Tennis Center at the Athletic Complex WORK SESSION * Review and discuss allowing Transportation Network Companies to operate within the city limits of Beaumont ORDINANCE NO. ENTITLED AN ORDINANCE RENUMBERING CHAPTER 6, ARTICLE 6.06 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS PAWNSHOPS AND PAWNBROKERS TO ARTICLE 6.11 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS; ADOPTING A NEW ARTICLE 6.06 OF THE CODE OF ORDINANCES OF BEAUMONT TEXAS TRANSPORTATION NETWORK COMPANIES TO MAKE CHANGES AND ADDITIONS RELATING TO TRANSPORTATION NETWORK COMPANIES; PROVIDING FOR SEVERABILITY,- PROVIDING EVERABILITY;PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. �9gFr THAT Chapter 6, Article 6.06 of the Code of Ordinances of the City of Beaumont Pawnshops and Pawnbrokers, be and the same is hereby renumbered as Article 6.11 Pawnshops and Pawnbrokers. Section 2. THAT Chapter 6, Article 6.06 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by adopting a new Article 6.06 to read as follows: ARTICLE 6.06 TRANSPORTATION NETWORK COMPANIES Division 1. Generally Sec. 6.06.001 Definitions In this article: Operating permit means the permission granted by the city to operate a TNC inside the city for a period of one year, renewable under the provisions of this chapter. Transportation Network Company (TNC) is defined as an organization whether a corporation, partnership, sole proprietor, or other form, that provides on -demand transportation services for compensation using an online -enabled application (app) or platform to connect passengers with drivers. Transportation Network Company (TNC) Driver shall mean an individual who operates a motor vehicle that is: (1) Owned, leased or otherwise authorized for use by the individual; (2) Not a taxicab; and (3) Used to provide Transportation Network Company services. Transportation Network Company (TNC) Services shall mean transportation of a passenger between points chosen by the passenger and prearranged with a TNC driver through the use of a TNC digital network or software application. TNC services shall begin when a TNC driver accepts a request for transportation received through the TNC's digital network or software application service, continues while the TNC driver transports the passenger in the TNC driver's vehicle, and ends when the passenger exits the TNC driver's vehicle. TNC service is not a taxicab or street hail service. Sec. 6.06.002 Fare charged for services (a) A TNC may charge a fare for the services provided to passengers; provided that, if a fare is charged, the TNC shall disclose to passengers the fare calculation method on its website or within the software application service. The TNC shall also provide passengers with the option to receive an estimated fare before the passenger enters the TNC driver's vehicle. (b) If a TNC utilizes dynamic pricing through its software application to incentivize drivers in an effort to maximize the supply of available vehicles on the network to match the demand for rides and increase reliability, the software application must: (1) Provide a clear and visible indication that dynamic pricing is in effect prior to requesting a ride; (2) Include a feature that requires riders to confirm that they understand that dynamic pricing will be applied in order for the ride request to be completed; (3) Provide a fare estimator that enables the user to estimate the cost under dynamic pricing prior to requesting the ride; and Sec. 6.06.003 Agent required The TNC must maintain an agent for service of process in the State of Texas. Sec. 6.06.004 Identification of TNC vehicles and drivers Before a TNC ride is accepted, the TNC's software application or website shall display the driver's first name, an accurate picture of the TNC driver, a picture or description of the vehicle, and the license plate number of the motor vehicle utilized for providing the TNC service. Sec. 6.06.005 Electronic receipt required Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the passenger that lists: (1) The origin and destination of the trip; (2) The total time and distance of the trip; and (3) An itemization of the total fare paid, if any. Sec. 6.06.006 Zero tolerance for alcohol or drug use (a) The TNC shall implement a zero tolerance policy on the use of drugs or alcohol while a TNC driver is providing TNC services or is logged into the TNC's digital network but is not providing TNC services, and shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip. (b) Upon receipt of such passenger complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC driver's access to the TNC's digital platform, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation. (c) The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two years from the date that a passenger complaint is received by the TNC. Sec. 6.06.007 No street hails A TNC driver shall exclusively accept rides booked through a TNC's digital network or software application service and shall not solicit or accept street hails. Sec. 6.06.008 No cash rides The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify TNC drivers of such policy. TNC drivers shall not solicit or accept cash payments from passengers. Any payment for TNC services shall be made only electronically using the TNC's digital network or software application. Sec. 6.06.009 No discrimination; accessibility (a) The TNC shall adopt a policy of non-discrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to passengers and potential passengers and notify TNC drivers of such policy. (b) TNC drivers shall comply with all applicable laws regarding non-discrimination against passengers or potential passengers on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity. (c) TNC drivers shall comply with all applicable laws relating to accommodation of service animals. (d) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities. (e) A TNC shall provide passengers an opportunity to indicate whether they require a wheelchair -accessible vehicle. If a TNC cannot arrange wheelchair -accessible TNC service in any instance, it shall direct the passenger to an alternate provider of wheelchair -accessible service, if available. Sec. 6.06.010 Records required (a) A TNC shall maintain: (1) Individual trip records which must include driver and passenger identity information for at least one year from the date each trip was provided; and (2) TNC driver records at least until the one year anniversary of the date on which a TNC driver's activation on the TNC digital network has ended. (b) Within seven business days of the receipt of a duly issued subpoena, court order or warrant relating to investigation of a criminal matter, or within a longer period of time if agreed to by the parties, the TNC shall furnish the requested records to the chief of police. For any non -criminal investigations conducted by the chief of police in his administrative capacity, a TNC will conduct an internal investigation and shall within seven business days or within a longer period of time if agreed to by the parties furnish records in response to a written request related to the underlying complaint, in accordance with its publicly posted privacy policies. Sec. 6.06.011 Personal identity information A TNC shall not disclose a passenger's personal identity information to a third party unless: the passenger consents, disclosure is required by a legal obligation, or disclosure is required to protect or defend the terms of use of the service or to investigate violations of those terms. In addition to the foregoing, a TNC shall be permitted to share a passenger's name and/or telephone number with the TNC driver providing TNC services to such passenger in order to facilitate correct identification of the passenger by the TNC driver, or to facilitate communication between the passenger and the TNC driver. Division 2. Operating Permit Sec. 6.06.012 Required No TNC shall operate upon the city streets without having first obtained an operating permit from the City of Beaumont. Sec. 6.06.013 Application An application for an operating permit required under this division shall be filed with the Chief of Police upon forms provided by the city. The application shall contain the following information: (1) The name and business address of the applicant; (2) If a business entity, certified copies of the applicant's organizational documents, e.g., certificate of organization, articles of incorporation or similar documents as applicable, together with evidence of authorization from the Texas Secretary of State to conduct business in the state of Texas, and current franchise tax account status with the Texas Comptroller; (3) The experience of the applicant in the transportation of passengers; and (4) Any facts the applicant believes tend to prove that public convenience and necessity require the granting of an operating permit. Sec. 6.06.014 Fees No operating permit required under this division shall be issued or continued in operation unless the holder thereof has paid an annual license fee of $100.00. The fees shall be paid to the city to compensate the city for its superintendence of the TNC business operated under this article and for the use of the city streets, alleys and public ways. Sec. 6.06.015 Issuance If the Chief of Police determines that the applicant is fit, willing and able to provide the public transportation and to conform to this article, he shall issue an operating permit stating the name and address of the applicant; otherwise the application shall be denied. Sec. 6.06.016 Suspension and revocation (a) Upon the filing of a written complaint alleging a violation of any of the provisions of this article by a TNC driver or a TNC filed by any person with the chief of police, or upon the person's motion, the chief of police, after five days' notice of the grounds of such complaint to the TNC driver or owner or operators of the TNC against whom complaint is made, shall hear evidence with reference to such complaint, and after such hearing, the chief of police may revoke or suspend the operating permit of such holder or require the TNC to remove said TNC driver from the system with good cause shown. (b) Due cause for the suspension or revocation of an operating permit will include, but not be limited to, the following: (1) Failure of the operating permit holder to maintain any and all of the general qualifications applicable to the initial issuance of the permit as set forth in this title; (2) Obtaining an operating permit by providing false information,- (3) nformation;(3) Violating any ordinance of the city, the laws of the United States or of the state, the violation of which adversely affects the ability of holder to offer transportation network services; or (4) Violating any part of this article. (c) The holder shall have the right to appeal the suspension or revocation to the city manager within ten business days of the notice of suspension or revocation. Such appeal will be submitted by a letter addressed to the city manager stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter, shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in the person's behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing. (d) The city manager will affirm, modify or reverse the decision of the chief of police. The decision of the city manager is final. (e) If no appeal is taken from the ruling of the chief of police in the time and manner as provided for in this title, the ruling of the chief of police shall be final. (f) Any person who continues to operate a TNC under a permit that has been suspended or revoked for any reason while the suspension or revocation is in effect shall be considered to be in violation of a misdemeanor and upon conviction thereof, shall be assessed a penalty accordingly. Every day's violation shall be considered to be a separate offense. Division 3. Driver and Vehicle Requirements Sec. 6.06.017 Driver background check required (a) Prior to permitting an individual to act as a TNC driver on its digital platform, the TNC shall: (1) Require the individual to submit an application to the TNC which includes information regarding his or her address, age, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC; (2) Conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include: a. Multi-state/Multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and b. National Sex Offender Registry database; and (3) Obtain and review a driving history research report for such individual. (b) The TNC shall not permit an individual to act as a TNC driver on its digital platform who: (1) Has had more than three moving violations in the prior three-year period, or one major violation in the prior three-year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license); (2) Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or class B misdemeanor or higher theft, acts of violence, or acts of terror; (3) Is a match in the National Sex Offender Registry database; (4) Does not possess a valid driver's license; (5) Does not possess proof of registration for the motor vehicle(s) used to provide TNC services; (6) Does not possess proof of automobile liability insurance for the motor vehicle(s) used to provide TNC services; or (7) Is not at least 19 years of age. (c) Notification. In the event that a TNC becomes aware of a driver being involved in criminal conduct or driving violations or otherwise becomes ineligible to serve as a driver by virtue of no longer meeting the criteria listed above, the TNC shall immediately terminate the driver's ability to access the platform's application. Sec. 6.06.018 Vehicle safety and emissions The TNC shall require that any motor vehicle(s) that a TNC driver will use to provide TNC services meets the requirements set forth in V.T.C.A., Transportation Code, Ch. 547 for vehicle safety equipment and inspection. Division 4. TNC and TNC Driver Insurance Requirements Sec. 6.06.019 Insurance requirements (a) The following automobile liability insurance requirements shall apply during the time that a TNC driver has logged into a TNC's digital network and is available to receive requests for transportation but not providing TNC services: (1) Automobile liability insurance that meets at least the minimum coverage requirements per section 601.072 (a-1) of the Texas Motor Vehicle Safety Responsibility Act. (2) Automobile liability insurance in the amounts required in paragraph (1) of subsection (a) shall be maintained by a TNC and provide coverage in the event a participating driver's insurance policy under subsection (a)(1) excludes coverage according to its policy terms or does not provide coverage of at least the limits required in paragraph (1) of subsection (a). (b) The following automobile liability insurance requirements shall apply while a TNC driver is providing TNC services: (1) Provides primary automobile liability insurance that recognizes the TNC driver's provision of TNC services; (2) Provides primary automobile liability insurance coverage of at least $1,000,000.00 for death, personal injury and property damage; (3) The coverage requirements of this subsection (b) may be satisfied by any of the following: a. Automobile liability insurance maintained by the TNC driver; or b. Automobile liability insurance maintained by the TNC; or c. Any combination of subparagraphs (a) and (b). (c) In every instance where insurance maintained by a TNC driver to fulfill the insurance requirements of this section has lapsed, failed to provide the required coverage, denied a claim for the required coverage or otherwise ceased to exist, insurance maintained by a TNC shall provide the coverage required by this section beginning with the first dollar of a claim. (d) Insurance required by this section may be satisfied by an insurer authorized to do business in the state or with a surplus lines insurer eligible under V.T.C.A., Insurance Code, Ch. 981. Sec. 6.06.020 Disclosure requirements A TNC shall disclose in writing to TNC drivers, as part of its agreement with those drivers, the insurance coverage and limits of liability that the TNC provides while the driver uses a personal vehicle in connection with a TNC's online -enabled digital network. A TNC shall also disclose in writing to participating drivers, as part of its agreement with those drivers, that the driver's own automobile insurance policy might not provide coverage while the TNC driver uses a vehicle in connection with a TNC's digital network depending on its terms. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Ccr4inn d That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of December, 2015. - Mayor Becky Ames -