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PACKET DEC 22 2015BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 22, 2015 1:30 P.M. CONSENT AGENDA Approval of minutes — December 15, 2015 Confirmation of committee appointments Steve McGaha would be appointed to the Convention and Tourism Advisory Board. The term would commence December 22, 2015 and expire September 30, 2017. (Councilmember Audwin M. Samuel) A) Authorize the purchase of a track loader and an excavator from Bobcat, Inc. of West Fargo, North Dakota for use by the Streets and Drainage Division and the Parks and Recreation Department B) Authorize the purchase of an excavator and a tractor from Kubota Tractor Corporation, of Torrance, California for use by the Water Utilities Department C) Approve the purchase of splash pad upgrades for Pine Street Park and Liberia Park D) Authorize the purchase of five mowers from Exmark Mfg. Co., of Beatrice, Nebraska for use in the Parks and Recreation Department and at the Henry Homberg Golf Course E) Authorize the execution of a License to Encroach Agreement with Carolyn Fullerton related to property located at 635 Shakespeare Drive F) Approve a resolution amending and approving the Alcohol and Substance Abuse Policy for employees of the Beaumont Municipal Transit system RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning Expiration of Term of Term Steve McGahawould Convention and Tourism Advisory Board 12/22/2015 09/30/2017 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - U T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Office MEETING DATE: December 22, 2015 REQUESTED ACTION: Council consider a resolution authorizing the purchase of a Bobcat compact track loader and compact excavator from Bobcat, Inc. of West Fargo, North Dakota in the total amount of $112,988.90 for use by the Streets and Drainage Division and the Parks and Recreation Department. BACKGROUND The track loader will be used by the Streets and Drainage Division for road construction. It will replace unit 9674 which has proven unsuitable for the tasks required. Unit 9674, a 2006 Kubota Utility Vehicle will be retained for other purposes. The excavator will replace unit 4270, a 1992 John Deere Tractor having 4,473 hours. The excavator is used for irrigation repair, pulling stumps, grinding and dressing all field work. Unit 4270 will be disposed of through the City's surplus equipment program. 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 $800 which is paid to the vendor. Warranty service will be provided by Bobcat of Beaumont, Inc., the local dealer. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. Bobcat Product Quotation 4- �3 Quotation Number: CMS -30441v1 2 tQsb Date: 2015-11-10 14:58:15 � L v Customer Name/Address: Bobcat Delivering Dealer CITY OF BEAUMONT 4955 LAFIN RD BEAUMONT, TX 77705 Phone: (409) 842-5885 Fax: (409) 842-0851 Jason Briggs Bobcat of Beaumont, BEAUMONT TX 77705 Phone: (409) 835-2200 Fax: (409) 835-2022 Description T750 T4 Bobcat Compact Track Lo 85 HP Turbo Tier 4 Diesel Engine Air Intake Heater (Automatically Activated) Auxiliary Hydraulics: Variable Flow Backup Alarm Bob -Tach Bobcat Interlock Control System (BICS) Controls: Bobcat Standard Engine/Hydraulic Systems Shutdown Horn Instrumentation: Engine Temp and Fuel Gauges, Hourmeter, RPM and Warning Lights Tracks: Rubber, 17.7' wide Warranty: 12 Months, Unlimited Hours Factory Install A91 Option Package Cab Enclosure with Heat and AC High Flow Hydraulics Sound Reduction Hydraulic Bucket Positioning Power Bob -Tach Deluxe Instrument Panel w/Keyless Start ORDERS TO BE PLACED WITH: Contract Holder/Manufacturer Bobcat Company PO Box 6000 West Fargo, ND 58078 Phone: 701-241-8719 Fax: 701-280-7860 Contact: Crystal Stram Crystal.stram@doosan.com Part No Qty Price Ea. Total ader M0281 1 $49,763.70 $49,763.70 Lift Arm Support Lift Path: Vertical Lights, Front & Rear Operator Cab • Includes: Adjustable Suspension Seat, Top & Rear Windows, Seat Bar, Seat Belt • Roll Over Protective Structure (ROPS) meets SAE - J1040 & ISO 3471 • Falling Object Protective Structure (FOPS) meets SAE - J1043 & ISO 3449, Level 1, (Level 11 is available through Bobcat Parts) Parking Brake: Spring Applied, Pressure Released (SAPR) M0281 -P01 -A91 Engine Block Heater Attachment Control Kit Cab Accessories Package Two Speed Travel 3 -Point Seat Belt $7,095.90 $7,095.90 Attachments 80" C/I Heavy Duty Bucket 6726344 1 $1,074.50 $1,074.50 HB980 Hyd Breaker with Nail Point 7113421 1 $5,502.00 $5,502.00 --- Loader Mounting Frame 7113737 1 $469.00 $469.00 --- Hose Kit - Breakers - Ldr 7114764 1 $143.50 $143.50 24" Planer, High Flow M7017 1 $11,151.00 $11,151.00 -- Drum 24 Fastcut M7017 -R01-004 1 $2,961.00 $2,961.00 Quote Total - US dollars $78,160.60 *Prices per the TX - Buyboard Contract# 424-13. Expires: 9-30-2016 *Must be a Coop Member to purchase off contract *Terms Net 30 Days. Credit cards accepted. *FOB Destination within the 48 Contiguous States. *Delivery: 90 days from ARO. *State Sales Taxes apply. *ORDERS TO BE PLACED WITH: Clark Equipment Company dba Bobcat Company, PO Box 6000, West Fargo, ND 58078 Prices & Specifications are subject to change. Please call before placing an order. Applies to factory ordered units only. ORDER ACCEPTED BY: SIGNATURE DATED Bobcat Customer Name/Address: CITY OF BEAUMONT 4955 LAFIN RD BEAUMONT, TX 77705 Phone: (409) 842-5885 Fax: (409) 842-0851 Product Quotation Quotation Number: CMS -30460v2 50 Date: 2015-11-16 20:27:34 Bobcat Delivering Dealer Jason Briggs Bobcat of Beaumont BEAUMONT TX 77705 Phone: (409) 835-2200 Fax: (409) 835-2022 Description E26 T4 Bobcat Compact Excavator 24.8 HP Tier 4 Auto -Idle Auxiliary Hydraulics, Boom Mounted Flush Face Quick Couplers Boom Swing Canopy Includes: Cup Holder, Retractable Seat Belt • Roll Over Protective Structure (ROPS)- Meets Requirements of ISO 12117-2:2008 • Tip Over Protective Structure (TOPS) - Meets Requirements of ISO 12117:2000 Control Console Locks Control Pattern Selector Valve (ISO/STD) Zero Tail Swing ORDERS TO BE PLACED WITH: Contract Holder/Manufacturer Bobcat Company PO Box 6000 West Fargo, ND 58078 Phone: 701-241-8719 Fax: 701-280-7860 Contact: Crystal Stram Crystal.stram@doosan.com Part No Qty Price Ea. Total M3003 1 $25,718.00 $25,718.00 Dozer Blade with Float Engine/Hydraulic Monitor with Shutdown Fingertip Auxiliary Hydraulic Control Fingertip Boom Swing Control Horn Hydraulic Joystick Controls Rubber Track Spark Arrestor Muffler Two -Speed Travel, with Auto -Shift Vandalism Protection Warranty. 12 Months, Unlimited Hours Work Lights X -Change (Attachment Mounting System) Factory Cab Enclosure with Heat and Air M3003 -R01 -0O3 1 $4,012.40 Installed Conditioning Hydraulic Clamp M3003 -R08 -0O3 1 $1,250.90 Attachments 39" X -Change Grading Bucket 6735443 1 $707.00 15C Auger Drive Unit 6809442 1 $1,123.50 --- X -Change Auger Interface 6817100 1 $213.50 -- Standard Duty Bit, 36" 6666898 1 $893.00 13" Standard Duty Bucket, Class 2 6735375 2 $455.00 Quote Total - US dollars $4,012.40 $1,250.90 $707.00 $1,123.50 $213.50 $893.00 $910.00 $34,828.30 *Prices per the TX - Buyboard Contract# 424-13. Expires: 9-30-2016 *Must be a Coop Member to purchase off contract *Terms Net 30 Days. Credit cards accepted. *FOB Destination within the 48 Contiguous States. *Delivery. 90 days from ARO. *State Sales Taxes apply. *ORDERS TO BE PLACEv WITH: Clark Equipment Company dba Bobcat Company, PO Box 6000, West Fargo, ND 58078 Prices & Specifications are subject to change. Please call before placing an order. Applies to factory ordered units only. ORDER ACCEPTED BY: SIGNATURE DATED RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Bobcat compact track loader and compact excavator for use by the Street and Drainage Division and the Parks and Recreation Department from Bobcat, Inc., of West Fargo, North Dakota, in the amount of $112,988.90 through the Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 22, 2015 REQUESTED ACTION: Council consider a resolution authorizing the purchase of a Kubota excavator and tractor from Kubota Tractor Corporation, of Torrance, California, in the total amount of $108,013.30, for use by the Water Utilities Department. BACKGROUND The excavator will replace Unit 5134, a 1999 Tacheuchi having 4,813 hours. This equipment has reached the end of its useful life requiring costly repairs and downtime resulting in diminished productivity. The excavator will be disposed of through the City's surplus equipment program. The tractor is an addition to the fleet and is used to pull mowing equipment in the plant and wetlands. The existing tractor is undersized and underpowered for the mowing equipment in use resulting in excessive wear to the tractor and making mowing inefficient and time consuming. Pricing was obtained through the Houston -Galveston Area Cooperative Purchasing Program (HGAC)), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. Warranty service will be provided by Beaumont Tractor, the local dealer. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of resolution. MACDay KUBOTA TRACTOR CORPORATION EM06-15 NATIONAL ACCOUNT CONTRACT PRICING SHEET contract Pricing Worksheet PHONE: 310-370-3370EX7. 1813 FAX: 310-370-3816 EMAIL: CBENNETTAKUBOTAXOM HGAC10-2015 Purchasing Party: City of Beaumont Contact Jeff Harville Issue PO's TO Phone #: 409-842-5885 Kubota Tractor Corp. Fax #: 3401 Del Amo Blvd Torrance, CA. 90503 Email: na REMIT TO: Kubota Tractor Corporation ADDRESS: 3401 DEL AMO BLVD CITY: TORRANCE STATE: CA 90503 DLR # Beaumont Tractor PHONE CONTACT Kyle FAX; COMMENTS: Prices for product quoted are good for 60 days from quote date/Subject to Availability ANT -This WORKSHEET MUST BE VERIFIED BY KUBOTA NATIONAL ACCOUNTS before a PO Is Issued. Please fax to Cynthia Bennett (310) 370-3846 or small the worksheet to ebenne"@kubota.com. PO's without verified quote maybe subject to change. PO Must Be Issued To Kubota Tractor Corporation General escr p on of Mlnl Excavators ( 18%) Wheel Loaders & SVL ( 14%) TLBackhoes 120%) ORDERING INFORMATION FOR KUBOTA USE ONLY QTY, MODEL DESCRIPTION UNIT LIST PRICE % oienart NATIONAL ACCT. DISCOUNT PRICE TOTAL LIST PRICE TOTAL NATIONAL ACCOUNT PRICE A Catalog I Price Sheet hems being purchased - Itemize Below 1 KX057-4R3 Rubber Tracks, A/C ROPS/OPG $ 77 400.00 17% $ 64 242.00 $ 77,400.00 $ 64 242.00 Subtotal A: $ 77,400.00 $64,242.00 $ 77,400.00 $ 64,242.00 B. Unpublished Options, Accessory or Service Items- Itemize Below 1 Tag Bucket Model # 2425MX2 24" Pin On Bckt S 775.00 S 775.00 $ 775.00 $ 775.00 1 Pin Kit and Freight $90.00 S 338.00 $ 338.00 $ 338.00 $ 338.00 Subtotal B: S 1,113.001 IS 1,113.00$ 1,113.00 $ 1,113.00 C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges Standard Kubota Inbound Freight Charges $ 520.00 S 520.00 $ 520.00 $ 520.00 Dealer Assembly Charges $ 37.50 $ 37.50 $ 37.50 $ 37.50 Dealer PDI & Delivery $ 250.00 $ 250.00 $ 250.00 $ 250.00 Su" I "s Q $ 807.50 $ 807.50 $ 807.50 $ 807.50 Chaek: Total cost of Unpublished Options (B) cannot exceed 25% of For this transaction the 2% the total of the Base Unit Price plus Published Options (A-13) percentage is: • 66M $79,320.50 $66,162.50 $79,320.50 $66,162.50 Pricing Subject to Established Membership & Availabilty of Product AUTHORIZED SIGNATURE: X DATE HGAC order processing charge or 1 5 °i, on Section B items is the resposib Ry of the deiverinp dealer. Kubota will reint"se HGAC for the antis order processing d>ar8e and deduct the arno nt applicable to Section B from i t" Kubota bid discounts $ 16.70 All orders are subject to the terms and conditions as outlined In the National Purchase Agreement. SUBJECT TO ALL APPLICABLE SALES TAX The Standard Kubota Warranty lies, which does not Include pick up or delivery. Payment Terms = Net 45 Days FOR KTC INTERNAL USE- Quota #: HGAC10-2015 Quote Date: 1110612015 Verified By: crb MACOmy KUBOTA TRACTOR CORPORATION NATIONAL ACCOUNT CONTRACT PRICING SHEET GR01-12 Contract Pricing Worksheat ; uote # HGAC 14-2015 Purchasing Party. City of Beaumont Contact: Jeff Harville Issue PO's to: Phone #: 409-842-5855 Kubota Tractor Corp. Fax fk 3401 Del Amo Blvd Email: na Torrance, CA. 90503 REMIT TO: Kubota Tractor Corporation ADDRESS: 3401 DEL AMO BLVD CITY: TORRANCE STATE: CA 90503 DLR # Beaumont Trac PHONE CONTACT KYR FAX: COMMENTS: Prices for product quoted are good for 60 days from uote date/Subject to Availability IMPORTANT -This WORKSHEET MUST BE VERIFIED BY KUBOTA NATIONAL ACCOUNTS fore a PO is issued. Piease fax to Cynthia Bennett (310) 370-3846 or email the worksheet to cbennett@kubota.com. PO's without verified quote may be subject to change. PO Must Be Issued To Kubota Tractor Corporation General Description of Product Discounts from MSRP B, BX, L, M Series (20%) RTV Series (17%) Z & F Series (20%) T/G Series (18%) ORDERING INFORMATION FOR KUBOTA USE ONLY QTY. MOUCL DLCRIPIION UNIT LIST PRICE % NATIONAL ACCT. Dismum DISCOUNT PRICE TOTAL LIST PRICE TOTAL NATIONAL ACCOUNT PRICE A. Catalog I Price She Items being purchased - Itemize Below 4WD TRA W/HYD SHUTTLE 1 M9960HOC12 12X12/CAB $ 51602.00 20% 41281.60 $ 51602.00 $ 41281.60 1 M7687 2ND POSITION LEVER KIT $ 140.00 20% $ 112.00 $ 140.00 $ 112.00 1 IW611 2ND/3RD VALVE (FD) $ 684,00 20% $ 547.20 $ 684.00 $ 547.20 Selected Tires TIRES AMR8558A 6 AMR8530A AG TIRES Subtotal A: $ 52,426.00 $41,940.80 $ 52,426.00 $ 41,940.80 B. Unpublished Options, Accessory or Service Items- Itemize Below $ $ $ $ $ $ $ - $ Is Subtotal B: $ $0.00 $ Is - C. Other Allowance Discounts Trade-Ins, Freight, Make eadyorMiscollaneous Charges 1 Kubota Standard Inbound Freight $ 480.00 $ 480.00 $ 480.00 $ 480.00 1 Factory Assembly Fee $ 250.00 $ 250.00 $ 250.00 $ 250.00 1 Dealer Assembly Fee $ 150.00 $ 130.00 $ 130.00 $ 130.00 1 Dealer PDI & Delivery Fee $ 250.00 $ 250.50 $ 250.00 $ 250.00 1 Dealer Approved Deduction from Compensation $ 200.00) S (1,200.00) S 1.200.00 $ 11.200.00 Subtotal C: $ (50.50) $ 90.00 $ 90.00 $ 90.00 Chock: Total cost of Unpublished Options (B) cannot exceed 25% at For this Iransaclon the 0% the total d the Base Unit Price plus Published Options (A+B) percentage is: kom a 552,336.001 $41,850.80 $52,336.00 $41,850.80 Pricing Subject to Established Membership & Availabilty of Product AUTHORIZED SIGNATURE: X DATE HGAC order processing charge of 1 . 5 1. on Section B items is the responsibility of the delivering dealer. Kubota will mirbirse HGAC for the entre order processing chaiye deduct tie amount applicable to Sector B from internal Kubota bid distant I orders are subject to the terms and conditions as outlined In the National Purchase Agreement. Payment Terms = Net 45 Days SUBJECT TO ALL APPLICABLE SALES TAX The Standard Kubota Warranty Applies, which does not include pick up or delivery. FOR KTC INTERNAL USE. Quote #: HGAC14-2015 Quote Date: 11/06/15 Verified By: crb See #491021) RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Kubota excavator and tractor for use by the Water Utilities Department from Kubota Tractor Corp., of Torrance, California, in the amount of $108,013.30 through the Houston -Galveston Area Cooperative (H -GAC) Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - r« �: I f.-LVV1 U ' I V 1 1*1 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Superintendent MEETING DATE: December 22, 2015 REQUESTED ACTION: Council consider a resolution approving the purchase of splash pad upgrades for Pine Street Park and Liberia Park in the amount of $103,993.34. BACKGROUND Pricing was obtained from Kraftsman Commercial Playgrounds & Water Parks utilizing the BuyBoard procurement process. BuyBoard purchasing network provides municipalities with the means to purchase construction services and products at competitive prices contracted under the procurement statues of the State of Texas. The last upgrade on the splash pads at Pine Street Park and Liberia Park was completed in June 2003. The current rubber safety surfacing is 12 years old and has exceeded the 10 year product life expectancy, therefore we are experiencing a breakdown in the product components. The proposed upgrades will include new rubber safety surfacing, drain modifications, and replacement of the umbrella feature. 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 award of a contract for the purchase of splash pad upgrades for Pine Street Park and Liberia Park to Kraftsman Commercial Playgrounds & Water Parks, of Spring, Texas, in the amount of $103,993.34 through the Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - 1:11 1 0014 K X.11 Z 1*A TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Office MEETING DATE: December 22, 2015 REQUESTED ACTION: Council consider a resolution authorizing the purchase of five (5) mowers from Exmark Mfg. Co., of Beatrice, Nebraska in the amount of $51,877 for use in the Parks and Recreation Department and at the Henry Homberg Golf Course. BACKGROUND Four (4) 60 -inch mowers will replace units 4004, 4150, 4005, and 4269. The mowers are used to maintain medians, rights of way, the athletic complex and other areas throughout the city. The 72- inch mower will replace unit 4151 which is a 2007 model having 3300 hours and is used for maintaining the golf course. All units will be disposed of through the City's surplus equipment program. Pricing was obtained through the Houston -Galveston Area Cooperative Purchasing Program (HGAC)), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. The equipment carries a three year warranty. Warranty service will be provided by Trinity Valley Tractors, Inc., of Dayton, Texas. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of resolution. J �e3 o G--4- HGACBuyCONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract € 671 No.: GRO1-15 Date l2;g/2015 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 icity of Beaumont Agency: Contractor: :Exmark Mfg. Co. Inc. Contact ':Jeffllarville Person: Prepared B%.: :Jonathan S. Guarneri Phone: :409-842-5885 Phone: '402-223-6255 Fax: ;409-842-0851 Fax: 1;402-223-4154 Email: jharvilleCabeaumonttexas.gov Email: jonathan.guameri:c-exmark.com Catalog i Price Sheet Name: rk Mf Co. Inc Exmag' General Description of Product: Exmark 72" Mower A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet if Necessay Quan Description Unit Pr Total I :LZS801GKA724AI I.azer Z S -Series FX801V Kawasaki with 72" UltraCut Series 4 Deck. Suspension Seat. & $9,737 973 0 Total From Other Sheets, If Any: Subtotal A: 973 B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet if Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr Total 1 :116-8431 OCD. Foot 369; 36 1 :116-0513 Kit. Sunshade 275 275 Total From Other Sheets, If Any: Subtotal B: 644 Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of For this transaction the percentage is: 7°i the Base Unit Price plus Published Options A—B . C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Subtotal C: C� Delivery Date:: D. Total Purchase Price (A+B+C): 10381 4 2.0 2,+o ili-,i it rk s CONTRACT PRICING WORKSHEET HGACBuyFor Catalog & Price Sheet Type Purchases Contract, 671 No.: GRO1-15 Date 12/9/2015 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. B"Y1Og :City of Beaumont Agency: Contractor. :Fxmark Mfg. Co. Inc. Contact JeffHarville Person: pared Pre V :Jonathan S. Guarneri B} : Phone: :409-842-5885 Phone: ;402-223-6255 Fax: :409-842-0851 Fax: :402-223-4154 Email: jharvillec beaumonttexas.gov Email: jonathan.guarneridextrark.com Catalog / Price Sheet Name: Exmark Mfg. Co. Inc General Description of act- xmark Lazer S 60" A.Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary QuartDescription Unit Pr Total 4 ::LZS801GKA604A1 Lazer Z S -Series FX801 V Kawasaki with 60" UltraCut Series 4 Deck Suspension Seat. & $9,415 37 Total From Other Sheets, If Any: Subtotal All 3766 B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are an) which were not submitted and priced in contractor's bid.) Quart Description Unit Pr Total 4 :116-8431 OCD. Foot 369; 147 4 :Kit. Sunshade 275: 110 4 :Bar Lug Tires 315: 126 Total From Other Sheets, If Any: Subtotal B: 3836 Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of For this transaction the percentage is: 100/ the Base Unit Price plus Published Options (A+B). C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / ,Miscellaneous Charges Subtotal C: Delivery Date:: D. Total Purchase Price (A+B+C7: 4149 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) mowers for use by the Parks and Recreation Department and at the Henry Homberg Golf Course from Exmark Mfg. Co., of Beatrice, Nebraska, in the amount of $51,877.00 through the Houston - Galveston Area Cooperative (H -GAC) Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Directors / MEETING DATE: December 22, 2015 11 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Carolyn Fullerton. BACKGROUND There are two (2) existing structures located at 635 Shakespeare Drive encroaching onto a twenty foot (20') utility easement in Lot 9, Block 21, Dowlen West Subdivision. The pool encroaches 1.82' to 3.28' and the pool equipment is located within the easement. The request from Carolyn Fullerton, was submitted to all city departments and utility companies with no objections. The City Utilities Department approved the license to encroach with the following conditions: The City has an existing fifty-four inch (54") sanitary sewer main and a six inch (6") sanitary sewer main within the twenty foot (20') utility easement. The City of Beaumont will not be responsible for any damages to the structures (pool or pool equipment) if the sanitary sewer mains should ever develop a cavity or due to any repairs to the City mains by City crews or contractor crews hired by the City. The City of Beaumont shall not be responsible for the repair and replacement of the pool or other structures within the Easement property. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE There is a one time non-refundable fee of $500 from Carolyn Fullerton for the License to Encroach. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Carolyn Fullerton has requested that the City of Beaumont grant a License to Encroach into one (1) twenty foot (20') utility Easement at 635 Shakespeare Drive, which is described as being in Lot 9, Block 21, Dowlen West Subdivision, to the City of Beaumont. The encroachment being two (2) existing structures overlapping 1.82' to 3.28' into the twenty foot (20') utility easement as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Carolyn Fullerton to encroach into one (1) twenty foot (20') utility easement at 635 Shakespeare Drive, which is described as being in Lot 9, Block 21, Dowlen West Subdivision, to the City of Beaumont. The encroachment being two (2) existing structures overlapping 1.82' to 3.28' into the twenty foot (20') utility easement, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Carolyn Fullerton, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Said encroachment being two existing (2) structures (pool and pool equipment) overlapping a 20'(twenty foot) utility easement by 1.82' to 3.28' on Lot 9, Block 21, Dowlen West Subdivision (635 Shakespeare Drive). Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of Page 1 of 4 EXHIBIT "A" business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and, hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to the structures (pool or pool equipment) if the sanitary sewer mains should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews or contractors crews hired by the Licensor. The Licensor shall not be responsible for the repair and replacement of the pool or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Page 2 of 4 Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 635 Shakespeare Drive, Beaumont, Texas 77706. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2015. LICENSOR: LICENSEE: CITY OF BEAUMONT By: KYLE HAYES CAROLYN FULLERTON CITY MANAGER Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 20155 by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 20153 by Carolyn Fullerton. City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of 4 ID 0 DOD ENC, PROIRU11R-1 5Ul' TO 1,11 OIrtO R ].! SIOE Dulc. uxE LOT 0 OOWLEN WEST, UNIT XI VOL. 12, PG. 12 ��p��1pE�'q MRJC \ � iOUn° --UU.- IND o' 41- IN w Fib 0-441COI M .11 CUMMINS PLACE VOL. 14, PG. 191 MRJC D"uMLWwM iPX�1106 IBds 1 N.... . (R), EEDCN RD M1NTY-ME (21) CP f°r wEST, uuD n. ro n¢ c"N W eRwuoxE �6iE160N COUHOI, TFYAS, u TIE SPIE RPPEPRs wON 1K PUT R.. 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TATE \a \ TRACT B \ �x M' NQ a• cuiiu D.w "uo N4 WPx: OL NO 4 � Ru55R,Du OF corm ".w) MRES x J. —ON.NO MOL WPIC r 1� tE 1n R uRTx EYSESI[M m) a tlEwNDNr 101. 16M, PG. 1!0 wb� IJJT , ARAGON ACRES \ CF N0.2008024946 •n'.P''� OPRJC EXHIBIT •A• REFERE(NIHR IEGLL OESCRIPPON R roNPNR. NRKwEO AND . TIE OLD REPUR——T"dWNUME T2 UNDERSIDNED DO. NFRFA'OCEROPY UND IF M ) — — ON NE ERGlE1NLLN 1HA1 INP wrt OFS[TDREOE NEREOAND N WRRECF, JNO ME ME NO DISCRERWCIES. CONFLCR, 511 54,GE5 PR C OE INPFaTUENIS. SFSE�CI N— OR ItletlR-uRssE µ° x0 NfAEON. NIO 114i SW rt OPEJI ROD TIRE SVRhYED. F TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 22, 2015 REQUESTED ACTION: Council approve a resolution amending and approving the Alcohol and Substance Abuse Policy for employees of the Beaumont Municipal Transit system. BACKGROUND Currently the Beaumont Municipal Transit (BMT) system is managed by a private company, through a Management Agreement with Beaumont Transit Company of Jacksonville, Florida. Receiving funding and oversight from the Federal Transit Administration (FTA), BMT was recently informed that modifications to its Alcohol and Substance Abuse Policy were necessary in order to be in compliance with all regulations and requirements. Specifically, the change removes references to specific substance levels that would constitute a positive test result and instead references the FTA -approved substance levels. Attached is the policy, with the proposed changes on page two. FUNDING SOURCE None. RECOMMENDATION Approval of the resolution. Beaumont Municipal Transit System EBAIT! 550 Milam Street Beaumont, Texas 77701 409/835-7895 409/832-3609 fax DATE: October 20, 2015 TO: Chris Boone, Community Development Director FROM: Bill Munson, GM, BMT SUBJECT: Beaumont City Council Approval of BMT Drug and Alcohol Plan Please put this item on the Beaumont City Council agenda for November 3, 2015 at the regularly scheduled meeting. In the recent FTA Triennial Review, the BMT Drug and Alcohol Plan was required to be modified. By FTA regulations, the plan has to be re -adopted by the governing body, which is the City Council. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the amended Beaumont Transit System Alcohol and Substance Abuse Policy, substantially in the form attached hereto as Exhibit "A," is hereby in all things approved for implementation by the Beaumont Municipal Transit System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY �. POLICY It is the goal of Beaumont Transit System to provide safe, dependable, low cost transportation to all passengers. while we have many resources .to meat this goal, none is more important than our employees. Therefore to ensure that our employees can perform at their highest potential, it is our policy to: 1) create a drug/alcohol free workplace; 2) prevent drugs/alcohol from impairing an employee's ability to perform his or her job, in a safe, efficient manner; 3) restrict the consumption, manufacturing, or selling of drugs and other controlled substances; 4) support a professional assistance program for individuals who have problems with drugs and alcohol affecting their job performance. B. PURPOSE Beaumont Transit System has the right to protect its employees, pass=engers and public from the adverse affects of drugs and alcohol. While the employer does retain this right, it has no right to restrict an employees' off -the -job conduct, absent a showing that such conduct inherently and necessarily impairs or could impair the employees' lob performance. The Federal Transit Administration guidelines ( 49 CFR Part 655 - ) , set forth in this policy are created to prohibit an employee from functioning in a safety -sensitive position while under the affects of drugs/alcohol and to assure the employee's fitness for duty. It should be noted that this company will also remain under the "Drug Free Workplace Act Of 1953" (49 CFR Part 29). C. APPLICABILITY This policy set forth by Beaumont Transit System will apply to all safety -sensitive and non -safety -sensitive transit system employees, paid part-time employees, volunteers, contractors and their employees while on transit property or while conducting any transit related safety -sensitive function. Safety -sensitive function means performing, ready to perform or the immediate availability to perform any duty related to the safe operation of mass transportation services. The following are safety -sensitive functions: 1. Operation of a revenue service vehicle, whether or not such vehicle is in revenue service 11 EXHIBIT "A" 2. Operate nonrevenue service vehiclas that require drivers to hold CDLs 3. Dispatch or control revenue service vehicles 4. Maintain revenue service vehicles or equipment used in revenue service except contractors to Section 18 transit agencies S. Provide security and carry a firearm The functions listed above are as outlined by the Federal Transit Administration (FTA) and these are to include any salaried personnel who perform these functions as well as hourly paid employees. At the end of this policy you will find a list of safety -sensitive functions as they apply to Beaumont Transit System. Though the FTA only regulates testing to safety -sensitive employees, this policy will cover all employees. Non -Safety - Sensitive employees are subject to the testing procedures, test methods, prohibited .-conduct and disciplinary action that are presented in this policy unless otherwise stated. It will be noted that any guidelines which Beaumont Transit deems necessary to apply to non -safety -sensitive employees are done so at the authority of Beaumont Transit System and not the FTA. D. PROHIBITED DRUGS "Prohibited Drugs" are defined and limited to the substances specified irrSchedule I thru V of Section 202 of the Controlled Substances Act (21 CFR, U.S.C. 812) and as further defined by 21 CFR 1300.11 thru 1300.15. Beaumont transit is required by FTA to test for marijuana, amphetamines, i opiates, phencyclidine, and cocaine (or their metabolites). FTA regulations define the levels that would be necessary to trigger a positive test result. Beaumont transit will strictly adhere to the FTA guidelines when performing the required drug testing. I� 2 Beaumont Transi'- System reserves the right to Lest Lor other drugs such as barbltuates, benzodiazapines(a.g. , Valium, Librium, liana:£) , nonbarbituate sedatives (e.g. , Quaalude) , and nonamphata ni ne stimulants. Tests for these drugs will be performed separately from the FTA test. Such testing is outside the scope of the FTA rsT,ilation and is entirely at the discration of the transit company. E. ALCOHOL It is prohibited to conduct any transit business or operate any transit vehicle while alcohol is present in the body. This consists of the following which include alcohol: 1. Alcoholic beverages 2. Any medication containing alcohol 3. Mouthwash 4. Food or candy 5. Any other substance which may contain alcohol F. LEGAL DRUGS The appropriate use of legally prescribed drugs and non prescription medications is not prohibited. A written prescription from a physician which includes the patient's name, substance name, amount, prescribed, and the period of authorization will constitute a legally prescribed drug. Should the drug, whether prescription or over -the counter in any way affect mental functioning or the ability to operate machinery, use of must be reported to a supervisor before performing a transit related function. G. PROHIBITED CONDUCT Alcohol Use Under FTA guidelines an employee must not consume alcohol while performing a safety -sensitive function, four hours prior to performing a safety sensitive function, and up to eight hours following an accident or until the employee undergoes a post accident test, whichever comes first. As a part of Beaumont Transit System's policy we require that no employee, safety - sensitive or non -safety -sensitive, may consume alcohol within 4 hours of reporting for duty, while in uniform or on duty. Furthermore no safety -sensitive employee may use alcohol in any form during down time on a split run. Failure to comply will result in disciplinary action up to and including termination. Illegal Drugs Use and ingestion of illegal drugs is prohibited at all times. Transit system employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of conLr,D l lad subsLances in = a workplace :7n Xis _ani with he Drug Free Wor::ol3oe A.t of 1933. H. DISCIPLINE REGA?DING THE USE Oy DRUGS AND THE MISUSE OF ALCOHOL Under this policy and as sat forth under FTA regulations, any employee with an alcohol concentration of .04 or greater is not allowed to perform any safety -sensitive duties until he or she has been evaluated by a Substance Abuse Profassional and has passed a return to duty test. An employees with a alcohol concentration of .02 or greater but lass than .04 must be removed from duty for eight hours or until a retest shows an alcohol concentration of less than .02. Furthermore under the FTA guidelines any safety - sensitive employee who has a verified positive drug test result, an alcohol concentration of .04 or greater, or refuses to submit to a test must also be evaluated by a Substance Abuse Professional. Refusal to submit to a test include the following behaviors: time. 1. Refusal to take the test. 2. Inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation. 3. Tampering with or attempting to adulterate the specimen or collection procedure. 4. Not reporting to the collection site in the allotted 5. Leaving the scene of an accident without a valid reason before tests have been conducted. The following disciplinary guidelines are not mandated by the FTA, but for the purposes of this policy Beaumont Transit System reserves the right to conduct disciplinary procedures regarding drugs\alcohol as it deems necessary. These guidelines cover all employees both safety -sensitive and non -safety -sensitive. As set forth by the FTA, Beaumont Transit System will ensure that all employees receive the opportunity for evaluation and treatment should they have a verified positive test result. Evaluation and rehabilitation will be offered to the employee even if the employee is terminated. All employees who test positive for drugs\alcohol while performing a safety -sensitive function will be offered treatment in a rehabilitation program for the first offense. Should the employee refuse the treatment program he\she will be terminated immediately. Should an employee test positive a second time while performing a safety-sansitive-zunction the employee will be terminated immediately. Those who test positive_ while on company property will be suspended pending an investigation by management and dependent upon those findings the employee will receive disciplinary action up to and including termination. Should management have reasonable suspicion to believe that an employee is abusing drugs or alcohol outside the workplace and it is adversely, affecting his or her job performance, the company reserves the right to require that the employee enter a Employes Assistance Program. Any employee ,rho fails to comply with the assistance progra.m at the rsques_ of managament is subject to disciplinary action up to and including termination. Any employee that refuses to submit to a drug urine test or a breath alcohol test as outlined above will be terminated i7cmediately. An employee that tests positive for drugs\alcohol aftar an accident will be terminated immediately. The company has the right under FTA regulation to test up to 32 hours for drugs and 8 hours for alcohol after an accident. If an employee is charged with drug traff icking, possession, manufacturing or use outside the workplace he or she will be terminated immediately. Furthermore any safety - sensitive employee or holder of a CDL who receives a DWI outside the workplace and does not notify management within 1 day of being charged will receive discipline up to and including termination. I. EFFECTS OF ALCOHOL A5 outlined by the FTA this section will cover the effect s of alcohol misuse on an individual's health, work and personal life_; signs and symptoms of an alcohol problem; and available methods of intervening when an alcohol problem is suspected. Health Effects The chronic consumption of alcohol (average of three servings per day of bear (12 ounces], whiskey [1 ounce], wine [6 ounce glass]) over time may result in the following health hazards: 1. Decreased sexual functioning 2. Dependency (up to 10 percent of all people who drink alcohol.become physically and/oT mentally dependent on alcohol and can be termed "alcoholic" 3. Fatal liver diseases 4. Increased cancers of the mouth, tongue, pharnyx, esophagus, rectum, breast, and malignant melanoma 5. Kidney disease 6. Pancreatitis 7. Spontaneous abortion and neonatal mortality o. Ulcers 9. Birth defects ( up to 54% o all birth defects are alcohol related). Social Issues 1. Two thirds of all homicides are committed by people who drink prior to the crime. 2. Two to three percent of the driving population is legally drunk at any one time. This rate is doubled at night and on weekends. 3. Two-thirds of all Americans will be involvad in a alcohol related vehicle accident during their lifetimes. 4. The rate of separation and divorce in families with alcohol dependency problems is 7 times the average 5 5. Forty percent of family court cases are alcoliol problem related. 6. Alcoholics are 15 times more 111'_alv to coarnit sulclale than are other segme.ts of the population. 7. More than 60 percent of burns, 40 oercent of falls, 63 percent of boating accidents and 75 percent of private aircraft accidents are alcohol related. The Annual Toll 1. 24,000 people will die on the highway due to the legally impaired driver. 2. 12,000 more will die on the highway due to the alcohol affected driver. 15,300 will die in non -highway accidents 4. 30,000 will die due to alcohol caused liver 5. 10,000 will die due to alcohol -induced brain disease or suicide. 5. Up to another 125,000 will die due to alcohol-related conditions or accidents Workplace Issues 1. It takes one hour for the average person (150 pounds) to process one serving of an alcoholic beverage from the body. 2. Impairment in coordination and judgement can be objectively measured with as little as two drinks in body. 3. A person who is legally intoxicated is 6 times more likely to have an accident than a sober person. Signs and Symptoms of Use 1. Dulled mental processes 2. Lack of coordination 3. Odor of alcohol on breath 4. Possible constricted pupils 5. Sleepy or stuporous condition 6. Slowed reaction rate 7. Slurred speech Methods of Intervention 1. Develop an effective Employee Assistance Program to aid in the counseling of employees with alcohol related problems 2. Drug and alcohol rehabilitation treatment (2 types) A. Intensive Impatient Services: Treat people with physical and/or psychological complications. B. Intensive outpatient services: Treat dependent 6 patients w o have fewar physical or psy::aological complications . J. TESTING PROCEDURES It is the policy of Beaumont Transit System zo follow the drug\alcohol tasting procedures that have been laid out by the FTA. Beaumont Transit System will strictly adhere to all standards of cont idantiaLity and assure all employees that tasting records and results will be released only to those authorized by the FTA rules to receive such information. Furthermore should Beaumont Transit System wish to test it's employeas for drugs other than the five specified by the FTA, it will perform these tests separately from the FTA test. Such testing is outside the scope of the FTA regulation and is entirely at the discretion of the transit system. R. DRUG TESTING All drug testing will be done through urinalysis. All urine specimens will be collected at a appropriate collection site. A collection site is a place designated by the employer where individuals present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs. The collection site must meet the Department of Transportation guidelines establishad in "Procedures for Transportation FTorkplace Drug and Alcohol Testing Programs" (4-_9 CFR part 40) . All drug testing under the FTA regulations must be completed in a laboratory certified by the Departmant of Health and Human Services (DHHS). 111 testing will be conducted consistent with the procedures put forth in 49 -CFR part 40, as amended. All test results will be reviewed by a qualified Medical Review Officer (M1RO) and for all specimens that test positive, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. Also if an employee has a verified positive drug test they will be advised of the resources available to evaluate and resolve problems associated with drug abuses. Though the company maintains a policy of termination for anyone testing positive they will afford the employee the opportunity to be evaluated by a Substance Abuse Professional (SAP) as mandated by the FTA. L. ALCOHOL TESTING The' FTA regulation (49 CFR part 654) requires that the employer conduct breath alcohol testing on safety-sansitive employess consistent with the provisions set forth in 49 CFR part 40. The breath specimen must be collected through the use of an evidential breath testing device (EBT) that is approved by the National Highway Traffic Safety Administration (NHTSA). The test must be performed by a breath alcohol technician (BAT) The BAT must be "trained to proficiency" in the operation of the EBT he or she is using and in tha alcohol testing procedures specified in the regulations. The alcohol test will be conducted at a site that 7 pro v ides privacy to the ? ndividual being tested. Noon arrival at the site ti a emDlolee must Provide positive id=_: tificati on to the u -T. Aftar the =as:ing procedures are e­,-plain=_d to the employee the employee and the BAT must completa,data and sign an alcohol tasting form. The SAT will than condact- a screaaing test. If the result of the screening test is less than .02 no further testing will be required and the test will be reported to the employer as negative. If the alcohol concentration is greater than .02 a conf irmation teat will be performed. If the initial and confirmatory tests are not identical, the confirmation test result is deemed to be the final result. Policy regarding alcohol concentration, refusal and removal from a safety -sensitive position were discussed in section H. M. TYPES OF TESTING Six types of testing are required by the drug and alcohol rules. I. Pry-amploymant 2. Reasonable suspicion 3. Post -accident 4. Random 5. Return to duty Follow-up In alditi on the these six types of testing Beaumont Transit System is also required by the FTA to perform blind sample testing as a quality assurance measure for the testing laboratory. Pre-Empl.oymen_t FTA regulations (G. S. 653.41, 654.31) require that all applicants for employmant in safety -sensitive positions or individuals being transferred into safety -sensitive positions must be given pre employment drug tests. Employees may not be hired or assigned to the safety -sensitive position unless they pass the tests. Participation in the system's prohibited substance testing program is a requirement of each safety-sensitivs employee and, therefore is a condition of employment. Beaumont Transit System will test not only safety -sensitive employees but non - safety -sensitive employees during pre-employment. Any prospective employee who tests positiv? for drugs/alcohol during pre-employment will not be hired and will not be allowed to apply for a position with the transit system again. Any employes who wishes to transfer into a safety -sensitive position and tests positive is subject to disciplinary action up to and including termination. Reasonable .Suspicion The FTk regulations (G.S. 653.43, 634.37) also require a safety -sensitive employee to submit to a test when the employer has reasonable suspLcion that the emnloyea ha3 used as prohibited drug or has misused alcohol as defined In the rajulatiDns. The request to undergo a reasonable suspicion test mus z be ;based on spe'citic, contemporaneous, articulable observations concerning the appearance, behavior, sp?eich, or body odor of the safety -sensitive employee. Managers who will be called upon to make this determination, must be trained in th3 facts, circumstances, physical evidence, physical signs and symptoris, or patterns of performance and/or behavior that are associated with use. Managers must be fair and objective in requesting reasonable suspicion tests. Post Aciideat FTA regulations (G.S. 653.45, 634.33) require testing for prohibited drugs and alcohol in the case of certain mass transit accidents. Post -accident testing falls under two categories fatal and non-fatal accidents. 1. Fatal Accidents Whenever there is a loss of human lifer, each surviving safety - sensitive employee on duty at the time Of the accident must be tested. Safety -sensitive employees not on the vehicle (e.g. maintenance personal) , whose performance could have contributed to the accident (as determined by the transit agency using the best information available at the time of the accident) must be tested. Beaumont Transit System will reserve the right to test non -safety sensitive employees should they be involved in or contribute to a fatal accident. 2. Non -Fatal Accidents Following nor. -fatal accidents involving a bus, van, or automobile, employers shall test each safety -sensitive employee on duty in the mass transit vehicle at the time of the accident if the employee received a citation under State or local lard for a moving violation arising from the accident. Safety-sansitive employees in non-fatal accidents involving railcars, troLley cars, trolley buses, or vessels on duty in the vehicle at the time of the accident must be tested unless their behavior can be completely discounted as a contributing factor to the accident. For non-fatal ac-cidents, the employer shall test any other safety -sensitive employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the accident. It will be noted that Beaumont Transit System reserves the right to test non -safety -sensitive employees in non-fatal accident situations if they were involved or contributed in some way. Post -accident drug and alcohol tests must be performed as soon as possible. Drug tests must be performed within 32 hours following the accident. Alcohol tests must be performed within 8 9 hDurs of tha a ::cidant . Random Testing The FT?, (G.S. 553.47, 654.35) requires random tasting of dugs and alcoRol for all safety-san s'tive employees. Linder FTA gu idelinss transit agencies must use a scientifically valid random number selection method to select safety-sensitiva employees. For Beaumont Transit System purposes, we will use a computer based random number generator that is matchad with safety -sensitive employees' identification numbers. At least 501. of the total number of safety -sensitive employees subject to drug testing and 259.- subject to alcohol testing will be tested each year. The test dates will be spread reasonably throughout the year and the transit system will use precaution not to establish a predictable pattern. The process will be unannounced as wall as random. All safety sarnsitive employes in the random pool will have an equal chance of being salectad for testing and shall remain in the pool, even after being tested. All non -safety -sensitive employees that Beaumont Transit System wishes to random test will be placed in a separate pool and tested under the authority of Beaumont Transit System, not the DOT's or the FTA's. Ra tern to Duty Testing Befora any employee is allowed to raturn to duty to perform a sal qty -sensitive function following a verified positive test result, an alcohol result of .04 or greater, a refusal to submit to a test, or other activity that violates the regulations, that employea must first be evaluated by a substance abuse professional and pass a return to duty test (G.S. 653.49, 654.39). The test result must be a verified negative drug test result or an alcohol test result of less than .02 before the employee will be allowed to return to a safety -sensitive function. Should the situation arise where an individual will be allowed to return to duty after testing positive, Beaumont Transit will strictly follow the FTA's guidelines concerning return to duty testing. Follow-up Testing Once allowed to return to duty, an employee shall be subject to unannounced follow-up testing for at lust 12 but not more than -- - 50 montha: -TYia fr?quan�y and duration of follow-up testing will be recommended by the substance abuse professional as long as a minimum of six tests are performad during the first 12 months after the employee has returned to duty (G.S. 653.51, 654.41). Employees that are subject to follow-up testing will remain in the random testing pool and will be tested when their names come up. Should the situation arise Beaumont Transit System will follow FTA guidelines on follow-up testing. 10 B11iid Perfornanoe Tas Lir_g In addition to the S4X major eMployea testing categories described above, Beaumont Transit System will perform blind sample prOflCi- . testing as a q'..lallty assurance .TLeasure for the testing laboratory (G.S. 40.31) . Under this FTA requirement, the employer will submit three quality control specimens to the laboratory for every 100 employee specimens sent for testing, up to a maximum of 100 blind samples per qua --tar. 11 BE' UMONT TRANSIT SYSTEM SAFETY SENSITIVE FUNCTIONS Fixed Route Bus Driver (Full Time or Part time) Shuttle Driver ( Either Bus Or Van) Charter Driver ( Either Bus Or Van) Mechanics (A y B) Bus Washer/Fueler Service Employees Mechanic's Helpers Any Employee Operating A Handicap Service Vehicle Manager (When Performing a Dispatch Function Or Supervising a Maintenance Function) Assistant Manager (When Performing a Dispatch Function Or Supervising a Maintanance Function) Sacratary/Recaptionist(when performing a Dispatch Function) Office Manager (whan performing a Dispatch Function) Dispatcher Parts Room Clark (When Performing a Dispatch Function Or Supervising a Maintenance Function) Shop Foreman 12 Ynv-��astio �s rs�3r3ing Lhis po'_ior or any other asp_c= of the drug-fr_a and slcohDl-traa transit p-rogram should cDnt3ct the iollowing transit system representative: PROGRA-M LNUISA�37_R Name: William J. Munson Title: General Manager AdIress: 550 Milam Beaumont, Texas 77701 Telephone Humber: (409)035-7395 Fax Number: (409)092-4053 MEDICAL REVIEW OFFICER Name: Dr. John S. Vardiman Address: Diractor, Beaumont Industrial Clinic Telephone N�Lmaber: (409)835-0074. Fax Number: (409)332-7034 SLBSTIL"TCE ABI SE PROFESSIONRL Name: ?ending Title: Address: Telaohone Number: Fax Number: 13 C i_AN iiL L B%AUMO NT T. �NVS 1 S STED-A -A—I C 0 H 0111 —N -D S U. 3STAN CE —BI SE PvLIC - iieCtl �'� r'Iaf 1, 1999, L e tollowLn� char :es will be imptemented to the Beaumioat Transit Sys','.--,Ln'-3 Alcohol and Substance Abuse Prograan: RECORD SEC I-PRIMi : All records pertaining to the alcohol and substance abuse tasting and training of Beaumont Transit employees will be secured in a loci-= file cabinet to be located in the General I3nager's o>iice. Only the General Manager, Assistant General Manager, and Office'Nl.anagar will have a key to the filing cabinet. All incoming records will be given to the General Manager by either the Care Nlaaager or .,sistarlt General Manager for review. Al=ter nn iewing the records and tai ag any required action, the General Manager will properly file the records in the locking file cabinet. The Geral tilanager will be resp �nsibla for the security and retention of all per-Enent records. Keys w -M only be issued out by the General ,,ianager. r for any reason any one of the three individuals having access to the records should lea,je employment with Beaumont Transit, or moire to a job pose, o not having access, the General -NI ar_a;er will collticz their key ( A-ssi3tI t General Manager it collect General Manager's ley if he should leave), and the lock on the file cabinet will be chanaed as a precautionary safety measure w-itb new keys being issued out. RECORD RETENTION. All records pertaining to alcohol and substance abuse testing and training of Beaumont Transit ernpl_oy ees will be retained on file for a minimum of five (5 ) years fi•om the date of occurrence, BL—TN-D !'ERLFOP- TA-�NCE TESTENG: Urine samples will be sub-,-.u-,t--d to the Smith Kline Beecham Laboratories through the Beaumont —--Inusial-Ciirdc fir b Luid performance tasting_ Three (3) b ,d sa=rnples will be submitted for every 100 employee samples submitted for testing as required by FT-Vregulatioas. Urine samples will be obtained by a qualified provider and submitted to Smith Kline Beecham Laboratories through the Bea --moat Industrial Clinic using fictional ernpioJee aarnes in the normal manner that actual samples are submitted. The results �Mll be reported back to Beaumont Tra.rsh through the Beaumont industrial Clinic. Arty wroag readings on a subrutted blind sample ( i.e. positive on a ae;a.ive sample or nega.tivv on a positive sample) wit be reported to FTA mrnediately as required by MEN rema.lations CELS - GE B B L-MONT TRANSIT SYSTEM ALCOHOL ND SUBSTANCE ABUSE POLICY The Beaumont Lidustrial Clinic, has closed and therefore effiecti-ie immediately, Occ,"�Ied Systeras,184.5 IH 1:i South, 77707, (-1,)9)84()-9917, will be the new clinic used by Beaumont Transit for DOT physicals, drug screens, alcohol screens, and on elle job injuries. In additioq Sadth Kline Beecham rill no loner be used as the testing, laboratory, but et%ctive i mrnediatelr, Kroll Laboratories, 1111 Nawtoa Street, Gretna, LA, 70053, (304)361-8939, will be used as the nsmg Laboratory. The new Medical Review Officer GIRO) will be: Ltacne: Dr. Brian N. Heinen, Jr. :-address: 301 'LvIar;.nLuther Kin,Dr.ve, Eunice, LA70-533 Telephone �;umber: (337)457-33 3 Fax Humber: (504)361-3939 CHANGE 3 BELA SIONT Mz +SIT IS TE I �'.. C01HOL AND ST'BST��_`wCE� �j SIE �'Oi��C a Occ-Nted S stem has cased and therefore Lfecti; iir!�:�iiirely. Beaumont `est tiLdical, 4-171 Calder, Beaumoar, T�_ias, 77706, will the new cliaic used tur DOT p11%slcals, dimsg jcr ens, alcohol iestin?, and on the job injures. La addition, Kroll Laboratories will no Lon,Ter be used as the urine Sample testin-Y faciliy, and effective immediately, One Source T xicolr✓, 1313 Genoa RLd B1uY Road.., Pasadena, Texas, 7750-4, will be the new testing facility. The new tiledic.al Review O -j-1ca (tiaO) will be. Dr. James L. Davis, NID, PA Beaumont West Medical r-. , Calder A��enua Beaumoat, Texas 77705 (409)856 -08>6 -Office (4+)9 )866 -0136 -Fax B i..79. UN it y,j� Y�tr, '1IND S '(;_.L $-. TR -A` S1TS S 1L w{",i As a resrilt of the F-zderal Transit Admini��ration's Office of Safety and Seclirit;� Dry and _alcohol Compliaace audit, conducted through 10106106, the following changes/revisiors are made the Beaumont Nfunicipal Transit System's Drug and _alcohol Testing Policy : 1. A covered BMT employee shall only be randomly tested for alcohol misuse while the employee is performing safery-sensitive functions, just before the emplo fee is to perform safety - sensitive functions, or just a Ler the employee has performed such tinction. The same applies to reasonable suspicion alcohol tem ing. ?. VvIen a cover --d employee or appucant has not performed a safery seas, tis_Ctinn for 90 consecutive calendar days regardless of the reason, and the employee has not been in the Beaumont Transit random selection pool during that time, then BMT'will enSU're that the employee or applicant takes a pre-employrnent drisg test wLi a verified negative result. 3. Post -accident testing roust meet all the FTS. threshold; and d,.7 alcohol time testilg limits as outlined in Part- 655.P. - li BNMT employees are regiL-3d to make thernselves "readily ava. i. blv'�' for testing after any accident and 'will r'mai.n availabte Whit tney have been tested, or clear --d not co be tested, by rrl' grement. . z soon as possible following an accident involving any Bi 1T vehicle (bus, paratransii vehicle, track, or automobile) and causing the loss of Inman life, BNIT W-111immediately drag and alcohol test each covered employee operating the vehicte involved and any other covered employee whose actions could hays contributed to the accident. vVhen an accident occurs with. a BAIT vehicle and there is no loss of human life, t1lea E VIT will as soon as possible drug and alcohol test each covered employee operating the involved vehicle, plus any other covered employee whose performance could have conuibuted to the accident, unless it is deterrn?-ted by management using the best information available at the time of the decision, that the covered operator's or other covered employee's performance can be eornpletely discos -:cited as a _. contributing factor to the accident. 5. The consequences for a covered emptoyce who has a verified poaiuve drug test, or a Dositive alcohol test with an alcohol concentration of .QT or greater, or who refuses to submit to a test under =19 CFR Part 40 Section 655. 13, will be irrilmediate removal tom his or her safet­- serisitive function and evaluation by a substance abuse professional. This statement wilt Serge as ctarlll,atioa that 'ID -MT, LR Qeneral, does have a second chance policy for covered employees who test positive for drugs an&lor aLohol. Howe ;cr, each individual situation wilt be evaluat_d on it's otxn merits, and B\,. -[T reserves d;.` right to te=inate any ct, tired ernplov_e Who tesr_s rosin : e Coo drugs wid'or alcohol the first tial- with.,��t <-,`f_rir__ a L-' a 3',Cond chance is otitr2d_ t:�� . i '� ;j. - pos << tee _�ver�u en_pLo+:-ee -h+ � te;_e:i _+��_. �r _'i7hz�r dr1_3 an• ".')r? --oh•-DL tvill be LIIL1 diatel"y' r:n;o +i tr_`rr: bear ate'^-se^.=i =nvalu.ted by a subsrarice aLouse pro f--ssl-onal, and -?,� o +u lined in CFR P:a_ 16 ,v ia' be fold. 5. X11 references to y CFR Parts 653) and 55- .�1 1 be disregarded. _-ll dru- and alcohol testing will be conducted nadir _419 CFR Part o». L IT shall re�1�a re e-;ery coVeredemplo;ee to submit to a post-accide.t mug and alcohol test required under Section. 5».-1-1, a random drug and alcohol test required under Secrsoa 0'55.45, a reasonable suspicion drag and alcohol to required under Section 655.3, or a follow-up drug and alcohot test r2quirt-d under, section 653.47. BN. will not permit any covered empLoyee who refuses to submit to any of the above Lsttd testing to perfolzn or continue to perform safety -sensitive 5inctions. 7. It shall be the policy of B' -,,IT that any covered employee who produces a diluted negative urine specimen will be required to take a.L�other test I MMediatet;� under non -observed conditions, unless there is another basis for the use of direct observation. as listed under Section 0.57. This retest policy will apply to all types of testing and to all covered employees. when notified for a rete, each covered employoe w-il-1 be gi ;: n the rninzaum possible advance notice that he or sh e is to report to the collection site. The result of the second test, no that of the original t-st, will become the test of record. S. Under B -MT's policy, it is considered a refusal to taste a drag and for alcohol test if t1he employee fails to remain at the drug testing site until the testing process is conplere. Provided, that as Who leaves the tein g site before the testing process commences for a pre- e-nployrnent test is not deemed to have refused to tea 9. Under BMT's policy, it is considered a refusal to tape a drug anw'or alcohol test i the employee fails to undergo a medical exa- minatioa or evaluation, as directed by the NNEKO as par of the verification process, or as directed by the DER ender Section _0.193(d). In the case of a pre-employ-Eneat test, the employee is deer_aed to have refused to test on this basis only if the pre- emplovrn.ent test is conducted following a contingent offer of employment. 10. Under B [T policy, it is considered a refusal to take a drug and/or alcohol test If: the emplo,yee fails to cooperate with any part of the testiyng process (c.g. refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process, etc.). 11. It is consider-zd a rehlsal to take a drug test if in the case of a dlreetty observed or monitored collection, the employee fails to pe=, himself or herself to be directly observed or monitored during the collection of "the specimen. 12. It is coasidered a refusal to take a drug teS�. if ti ? :mpl+�;% L31Ls GC decllreS to take a second test when direct. -d to do so by the enlpLoyer or collector L 3. It is �+�rVi.�l�re�l a r.tt.3•al to tu`e a d^1+, t�s ;lruh.-- i ern0 � •t i ff _P � ' _ _ _L _L _�� r_piJL-3 �.Li L:Ld :tilv'l+)`�.�•_ :133 3 C �,,,L�d L4. Ir i3 -.-ocj3.der�d 3 rtf-Lsa i- th? employee tai s or de -clines to sign- "at _'rte ,_3i:.'r a: Jt'n 2 oft ;v _-ATF as olailLn_ed in See tiow 11)_2 11 and 4il.2 j 1id). 15. IL 3 1 oa-DOT 9aad. or alc0i_oL t --St i3 r2iljc d- to be talC_n by a'u 2M_pLT';l2e, or a naa- DOT form i3 rift--6ed to bz sizaed, thea under thi3 po Licv .you hat,'. aot r�rised a DOT t--st a.'ld ther-2 ars ao coclseglaences Bader DOT azency requladoas. Hov,.ever, riu3 d:,cs r_ot � L2rn t eazplovaes &OM coasequerc;�s limier other ?rrpLoyer policies. C H A jN GE S 5 E A1N10IlT MUi`IICIP.4LTRAi1'1SiTSYST=IN, I .ALCOHOL AND SUBSTANCE ASUS= POLICY Eii-2ctive immediately, Beaumont Transit's Substance Abuse Processional (SAP) will be: Madeline Alford, LPC, LCDC Ra;ents Park 85 IH -10 North, Suite 100A Beaumont, Texas 77707 Phone: (409)839-8233 FAX: (409)839-44,39 CHAiNGE b Ku:,-UMON T M UNICI PAL TR.AINSIT SYSTEM ALCOHOL AND SUoSi.Ai+1C-!: a5USE POLICY Eif active immediately, Beaumont West Medical has changed their name to XPRESS CAREC. CHANGES BEAUitiIONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective immediately, all behaviors listed in 49 CFR, Part 40, as amended, as constituting a refusal to take a required drug and/or alcohol test by a safety sensitive employee, shall be considered a part of the Beaumont Municipal Transit System's Alcohol and Substance Abuse Policy. Any employee exhibiting any of the above listed behaviors shall be charged with a refusal to take a required drub and/or alcohol test. CHANGE 9 BEAUM®NT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY The Substance Abase Professional (SAP) has moved to a new address. It is as follows: Madeline Alford, MED, L.C.D.C., L.P.C. 1485 Wellington Circle, #102 Beaumont, TX 77706 (409)861-1930 ORMS BE,"01MON T NI UNICPALT',a.i ISIT SYST-111;l A' -COI -.OL AND SUBSTANCE ABUSE POLICY A. Acknowledgement of Employer's Drug and Alcohol Testing Program B. Prospective Employee Release of Information Form C. Occupational Testing Authorization Form D. Reasonable Suspicion Decision Documentation Form E. Post Accident Decision Documentation Form APPENDIX A Beaumont Municipal Transit System Acknowledgment of Employer's Drug and Alcohol sestina Procyram I, , the undersigned, hereby acknowledg that I have received a copy of the Beaumont Municipal Transit System's Alcohol and Substance Abuse Policy as mandated by the United States Department of Transportation and Federal Transit A;rninitration for all covered employees who perform a safety-sensiavt function_ I understaad dais policy is r--T-sired by 49 CFR Part 65 5, as amended, and has been duly adopted by the City of Beaumont for the Bea=ont -funicipal Transit System. Any provisions contained herein which are not required by 49 CFR Part 655 or 49 CFF. Part 40, as amended, that have been unposed solely on the authority of tue employer are designated as suca in the policy document. I further understand that re^..eipt of this policy constitutes a legal notcanon of the contents, and that it is my responsibility to become familiar with and adhere to all provisions contained therein. I will seek and get cla�rificadons for any quesnons from the employer designated contact person or persons. I also understand that compliance with all provisions contained in the policy is a condition of my employment. I fiu'her understand that the mi ori.nation contained in the approved policy dated is s-lbject to change, and that any such caangs, or addendum, shall be give to me in a manner consistent with the provision of 49 CFR Part 655, as amended. Signature of Employee Date -- Signature of tivitaess Date APPENDIX B v e_.� l.i � �.: 3 = � � 4 J i ;7 '3 ? c i;i i3 . 1 Yi i� iii t -'0 Drug and ��ac�ohol Testi ,"�3i�� Sect;ori 1. To be compl?ted by t;?: new employer, signed by .1 -ht trnpio, to and transmitted to the pr, 'vio s empio_:er: Prt1:ems or T,.ped Name SS r ID \i am bl-tr: ;1e; ,,, sut�horze rl a e of informacon from my L-pa.m,nr ofT.-anmOrtadon reg-.1'.ated Jr -13 and 11cohol tesrina, msork �y -ay previous --mrlorr, listed in S2 a. r. f--3, to rhe empioyer Listed in acction.-A. iris ra:ase is :n accordance with DSD T r_e-.-+:lacion :�9 CFR Par' 4-13, Sccdon 1123. l understand [.hat infornadon z ie released in .;ec:ion ff-.d by n;y previous; :mpioyer, is limited :o the tollowing DCDT-re;ltaccd resting iteru: I . .'_:cohcfte,� with a result of 0.04 or higher, 3. V" -,rifled positive drug t ---s; 3. R efusa:s to be tested; 4. Other violarions of DOT agency drig and alcohol m=dng regulations; 5. Information obtained 57om previous employers of a drug and alcohol elle violation; o. Docurnenration, if any, of completion of the return-to-durf process following a rule violation. Employee Siggr:ature. I -k. iew Employer Llarna: ,A-jdr,2ss: Phone T: Designated Employer Reprasentarive: I -B. previous Employer Name: Address: Phone T. Desigaand Employer Representative (if Imo vnl,: Fa:c T: Date: Section II. To be completed by the previous employer and transmitted by mail or fax to the new employer: II -A. In rhe two year prior to [he date of he employee's-igna=—, (in Section 1), for DOT-rgulated testing – l. Did t`rt employee have alcohol tests with a result of 0.04 or higher? YES il0 ?. Did the employee have verified positive drug tests? YZS NO 3. Did the employe-. r-.ilse to be tested? YES NO 4. Did the -.mployee have other violations of DOT agency dnig and alcohol t -.sting regulations? YES N0 5. Did a previous emptoyer report a drug and alcohol rule violation to you? YES 140 5. If you answprsd "yes" to any of the above items, did the -.mploy�--e complete the return -to -duty process? Ni YES NO ;`[DTE: If you answered "yes" to item .i, you must provid-, the previous; employer's report. Ij you amwer'ed "}yes" to item 6, you rnu_-t also trarsm_it the appropriate return -to -duty documentation (-2_g., S'. -L.° report(s), follow-up testing record) - [I -B. Mame or person providing information in Section II -A: Title: Phon: = - Dat-.: Address Which To Return Co;,_.pleted Form: B,a=oat Muakipal Tramit S st= nrr„• U.';11;nrr% ( \;Iiin:nn (i.,npr•aI Llan:a,r�r Beau, mont Transit Contacts: Officp- (409)S35-78")5 FAX (40 1) , R 5-799 )- APPENDIX r t . 1 a v.r 1 1f ­ 1. J J J.. - , Af 'f CA% C E::�iTERM .,ai w3 ? th i+^. oof E_.I -i bit �xr a'.wr =...�'"-''�`�'•�_ ?�j�.3:~��? -^Ta vli iv. _�s.�;iai':�:i�>n at Ti e of - T Jil* Pabant 'Name: Coli Apa tf- ' l - COMDany Address: S S Irl: D2t3 c, 1; B;r'l"�: . . D&:a of Corrmparr Contact: Co. Phone: Billing: Fmpiyv"c To Pay Ae i irne of Ser'/icu cmpioyer (See Address Above) Workers. Compensation Ins. C{i: Policy #r: Phone , : .Claim -: =VorJK Ralatad:—Irliw-1 Date of Injury: Rapid Urine Drag Test (net racommended ifir infuries j ?os:Accider'it Drug Test- DOT _ Mont -DOT POs �c.,ideF a of �a=J i ,-'��ICC iC( T?St Post AAcddennt !-lai raiysis LIGHT DUTY IS NVAiL.ABLE R=Lurn to ` -Jor'k _valuation: Job Title: (Please Provide Job Descripbon Occupational Injury. Non-Occupationa-1 Injury special InstrLu&fl'ons: ALi-thort`--d 8y (Orin; Tf _sthm o �� min .andana Tastili;§ Raasor talbi Suspi �E Urine Drug Fest: _DOT _Non -DO I .arid Urine Drug CCheclm, _ Braathi Alcohol Tast Hair Analysis Pr,-PI;'•pioymen t sa=, �flces: i _ Urine Drub Test _LOT _Non -D -0T i Rapid Urine Drug Check' Braath Aicot of Test Hata Analysis Physicals: _DOT _DOT Re -Car;. Basic Physical Par►formancL Evallua�oa � (please Provide Job Descriptic,i — Respirator pit Testing: Qua1ita6-;e Quantita}„e: Mask, Type: _ Pulmonary Function Audiogram: _DOT _OSHA Consa, taiion Blood T1s7r tg: CSC, SivtAC _ ieawy Metal: (specifyl TB Skin Test X-rays: — Chest _ S -Reed `fsiaTaStir)g: `/hall C. art i-2 C:cilor Tte: Sigraw Data: ,;PPcNDIX D 3= t� x i .,ni P aI T rain,sit Sl Zvi Sit on DLA -u ml IB t 01 1. N.ame :)I Ernrl)yte ?. Emt7l.Dvee tiumber.;Position 3. Decision to Test* FTA Authority — Yes — 'o Company Authority _ Yes _ NO Tine, Da7u� of Decision to Test 5. Type of Test _ Drua _:alcohol b. Did the Alcosol Test Occur iMora- Trm 2 Hours F ollo-yinq the Observations That Leri to Per for:rin� the Test's Yes _ No if Yes, Explain 7 If No Alcohol Test Occurred Because of More Than S Hours Elapsing Following7 Observations That Led to the Decision to Test, Explain 8. Suoer.isor Malci.r_a Decision 9. Not,5,-adoa of Test 10. Test CondLl.Ct�d Time/Date Dru,: Ti, -I Alcohol T'une,'Date L 1. «,-as the Decision to Drug- 3n�d.`or Alcohol Test Based on SQeci_ e, Contemporaneous. Axrticul3ble Ob3ervation3 Concerning the Appearance, Behavior, Speech, or Body Odor of the Saftf-v-S-nsir- eve Ernployec? Exptain tr_ T:�er- an°: 5peciric lacideats or Corapla:ius Co-v'Vork_rs ,x Passengers Duri.Ig the V orkday 4 iich Raised Suspi3ior, and VV, -r.! Thzs.- LacL4z4t3 or Complalars Full` Ln`i tsrlo-attd by the Super -visor? Explain i3. li the Employee Lndicated Recent Use of Prescription or O,ier-the-Count:r Medications, T"nen Please Complete a Confidential Medical Report. 1-l. Ober Comment Saper-visor Sig–_-ia:urt Dare *'Tota: The decision to teat under reasonable suspicion should be 3ble to -pass the "reasonable pnsdent individual" test, which simply means a similarly sand e-cperimeed supervisor, beiag, reasonable and prudent, and having observed and noted dia same facts, signs, and circumstances, could have raached the same conclusion. Hunches and "Tit feelin?s" art not valid in determination. A reasonable suspicion referral must be based upon a trained supervisor's specific, coatarnporaneous, attaculable observations concemm— the 3opearance, behavior, speech. and'or bod-: odor of the cover_d employee. APP,-NDIX E r - L Bealumuunt Muni,: .21 n5ft 03t-Accidt-Intr iuig win: A3c0h0j T,,Q Dccisiuwa DOcs1menuitioa Form 1. A-3cideut Repor{'Nurniber, ?. Location of Accident 3. Accident Time/Dat-, 4. Report Time; Date J. Name of Employee 5. Employee Number,'Position Result of �•�CL1-,nt _ Fatalit Disabai z Damagr?* to One or tilor-, Vz cies ( Bus, Van, Paratraasit, Truck, _Auto ) — Remove From Revenue Service ( Rail Only) IL.j� sy i' egLirir.� Immediate Transport to Medical Facility Employ _ Other Vehicle — Pass -,ng -,r — O Lher, Speci.f S. 9. Was the Employ--,-- Sent for a Post -Accident Test'? If No, Explain. 10. Decision to Test 11. Type of Test 12. Supervisor Makin -,g Dtision FTA Authority Company Authority — Druz _ T es No _ Yes No Yes _ `; o alcohol 14 Test C, ,i.ducteu Dn T me- Da -e _ad --- oh`,i: Tim_-; D -e 15. Did the AlcohoL Test Occur Mor_ Tha.-a ? Hours Fro -r t;_e Time of the A_c i.nc' Y -s No Ii r"es, Explain Lo. [I' ---\,o Alcohol Test Occu:�cd Because of '[or- Than 3 Hour Elapsing From Time of Accident, Explain. 1? Did the Emplc-vee Leave the Scene of the Accident Vviihout J,Cattse? -s lNo Exp13;n 18. T No Drug Test Was Performed Because 3? Hours Had Etap sed S ince the Tirne of the Accident, Explain 19. If the EmpLo-y-:�-e Indicated R-ecent use- of Prescription or 0�-: r-the-Cortnter :� ledicatior'�; Then PL�ase Complete a Confidential Medical Report. 20. Other Comments 1. Super-,isor Si_mature -- - Date * Note: Disaolir.? damaa:—, means dama,.7e, which precludes dep:3rnare of any vehicle. Corm the- scene hescene of the oc:urren,3e in its usua- 1 manner in da,yLi?ht after simple repairs. Disabling dama_e includes d.111igCQ . �L-ii-1--S that could ha"v- been opi-ratcd but would haves begin burth�'��a� r dz.1 If s� ,reLa LL, bUt 1xs •,t i_1,1y,if Ml, r4� �•...-ten �a -��-��r �� �l {.•�i. if rl: .i..� nl.arv+�i+` (� -i��li�( •.",,.j rn*•� ( ��� �... .V Jl.. 1. uy�_4:. �. 441:—: I Li.ta� tl, �_ L) O. r �..�. _ �.zv_._4:.... \ l.ta� A_ '.— _ L !'_l_ L_ Y 3ilaH_..,-)r d=u--: nam signals, E_ , a. ,r �-v;adslhne[dw-'Terrs-- dl aL raaa�;�s CHANGE 10 BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY The clinic used for the collection of urine samples for DOT drug testing, DOT alcohol breathalyzer testing, and DOT physicals is now: NOVA Medical Center 3817 Stagg Drive Beaumont, Texas 77701 (409)866-0856 The lab used to test the urine samples is still: One Source Toxicology 1213 Genoa Red Bluff Road Pasadena, Texas 77504 (888)747-3774 The Medical Review Officer (MRO) is now: Dr. Wayne F. Keller, M.D. 1213 Genoa Red Bluff Road Pasadena, Texas 77504 (888)747-3774 BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 22, 2015 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance providing for the renumbering of Chapter 6, Article 6.06 of the Code of Ordinances Pawn Shops and Pawn Brokers to Article 6.11 and adopting a new Article 6.06 of the Code of Ordinances to provide for Transportation Network Companies 2. Consider a resolution authorizing the purchase of a paving machine from Romco Exchange Co., LLC of Dallas 3. Consider a resolution authorizing the purchase of a street sweeper from Kinloch Equipment, Inc., of Houston 4. Consider a resolution authorizing the purchase of three backhoes from Mustang Cat, Inc., of Beaumont for use by the Streets and Drainage Division and at the Sewer Treatment Plant EXECUTIVE SESSION * As authorized by Section 551.087 of the Government Code, to discuss and deliberate economic development negotiations regarding Enterprise Beaumont Marine West, L.P. 5. Consider authorizing the City Manager to enter into an agreement with Enterprise Beaumont Marine West, L.P. for economic development incentives under the City's Chapter 380 Economic Development Program COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Duc Duy Au United States of America vs. City of Beaumont, Texas; Civil Action No. 1:15CV201 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 22, 2015 Consider an ordinance providing for the renumbering of Chapter 6, Article 6.06 of the Code of Ordinances Pawn Shops and Pawn Brokers to Article 6.11 and adopting a new Article 6.06 of the Code of Ordinances to provide for Transportation Network Companies TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 22, 2015 REQUESTED ACTION: Council to consider an ordinance providing for the renumbering of Chapter 6, Article 6.06 of the Code of Ordinances Pawn Shops and Pawn Brokers to Article 6.11 and adopting a new Article 6.06 of the Code of Ordinances to provide for Transportation Network Companies. BACKGROUND At the City Council meeting on December 8, 2015, staff conducted a work session where the prospect of an ordinance allowing for transportation network companies in the City of Beaumont was discussed. A draft ordinance was provided for Council's information. Since that time some changes have been made to the previously presented draft. The most significant change is as to the insurance requirements at Section 6.06.019. These changes were made to conform to the new requirements for a TNC and TNC Drivers as adopted in the last session of the legislature, which will become effective on January 1, 2016. The other changes are nonsubstantive in nature. FUNDING SOURCE Nonapplicable. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE RENUMBERING CHAPTER 6, ARTICLE 6.06 PAWNSHOPS AND PAWNBROKERS TO ARTICLE 6.11 PAWNSHOPS AND PAWNBROKERS; ADOPTING A NEW ARTICLE 6.06 TRANSPORTATION NETWORK COMPANIES OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES AND ADDITONS RELATING TO TRANSPORTATION NETWORK COMPANIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: .qarfinn 1 THAT Chapter 6, Article 6.06 Pawnshops and Pawnbrokers of the Code of Ordinances of the City of Beaumont, be and the same is hereby renumbered Article 6.11 Pawnshops and Pawnbrokers. .qartinn 9 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. The permit term shall automatically renew for additional terms of one (1) year upon payment of fees, unless a party sends written notice of termination to the other party at least thirty (30) days prior to the end of the then current term. 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, continue while the TNC driver transports the passenger in the TNC driver's vehicle, and end when the passenger exits the TNC driver's vehicle. TNC service is not 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 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 (7) 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 ten (10) 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. (c) Any record or information made available by a TNC to the City pursuant to this ordinance may be confidential and proprietary. If the City is required to disclose such confidential information under court order or other applicable law, the City shall promptly notify the TNC of such requirement, prior to disclosure in accordance with the Texas Public Information Act or other applicable law. 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 an anonymized 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 city council, after the public hearing required by section 90.354, finds that TNC service or additional TNC service in the city is required by the public convenience and necessity and that the applicant is fit, willing and able to provide the public transportation and to conform to this article, the Chief of Police 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 conduct an investigation and, where appropriate, 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) 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 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 guilty 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) A TNC and TNC Drivers shall comply with the requirements of Chapter 1954 of the Texas Insurance Code, as amended. (b) At the time a TNC Driver is logged on to the transportation network company's digital network and is available to receive transportation network requests, as well as between prearranged rides, the minimum amounts of liability insurance coverage required are: (1) $50,000 for bodily injury to or death for each person in an incident; (2) $100,000 for bodily injury to or death of a person per incident; and, (3) $25,000 for damage to or destruction of property of others in an incident; (4) Uninsured or underinsured motorist coverage where required by Texas Insurance Code Section 1952.101; and, (5) Personal injury protection coverage where required by Texas Insurance Code Section 1952.152. (c) At the time a TNC Driver is engaged in a prearranged ride, the automobile insurance policy must provide, at a minimum.- (1) inimum: (1) Coverage with a total aggregate limit of liability of $1,000,000 for death, bodily injury and property damage for each incident; (2) Uninsured or underinsured motorist coverage where required by Texas Insurance Code Section 1952.101; and, (3) Personal and injury protection coverage where required by Texas Insurance Code Section 1952.152. (d) If an insurance policy maintained by a TNC Driver has lapsed or does not provide the required coverage, the TNC shall provide the coverage required by this section beginning with the first dollar of a claim against the driver. (e) Insurance satisfying the requirements of this section satisfies the financial responsibility requirement for an automobile under Chapter 601, Transportation Code. 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. Rarfinn I That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. 0artinn �; 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 22nd day of December, 2015. - Mayor Becky Ames - 2 December 22, 2015 Consider a resolution authorizing the purchase of a paving machine from Romco Exchange Co., LLC of Dallas TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer/ MEETING DATE: December 22, 2015 REQUESTED ACTION: Council consider a resolution authorizing the purchase of a paving machine from Romco Exchange Co., LLC of Dallas in the amount of $385,165. BACKGROUND The City currently has a small paving machine that does not meet the needs of the Streets and Drainage Division; consequently a large amount of asphalt paving is performed by a contractor. The new paving machine is much larger and will increase efficiency and timeliness as it will more than double the width of one pass of the current machine. The larger machine will result in shorter traffic closures, increased productivity, and reduced dependence and expense for contractor- provided equipment and personnel. 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. Manufacturer two (2) year warranty is provided, with service through Romco Equipment, Inc., of Houston. FUNDING SOURCE The equipment will be financed in FY 2016 over a three to five year period. RECOMMENDATION Approval of resolution. to 8450 Breen Rd / Houston TX 77064 1 713-937-3005 / Fax: 713-937-7541 Quote No. Version: 2 Date: 06/5/2015 Thomas Gill City of Beaumont 2610 Concord P.O. Box 3827 Beaumont, TX 77704-3827 ROMCO Equipment Co. is pleased to present the following equipment for your consideration: New Volvo PF -7170 Asphalt Paver equipped as follows: - Volvo D8 Tier IVi Diesel Engine @ 235 hp - TopCon System 5 (Dual Side Joint Matcher) - 20ft Screed with 17in Augers - Hydraulic Auger Height Adjustment - Auger Reverse - High Torque Auger Motor - (2) Stage Power Tunnels - Truck Hitch - Dual Control Consoles w/Vandal Covers - Electronic Grade & Slope (minus the controller & sensors) - Drive Tire Size (18x25) Front Wheel Size (1422) - 4 Wheel Drive - Work Light Pkg (2 Front / 4 Rear) - Back Up Alarm - Light Beacon Only - SmokEater w/Fold Down Stack - Model Resistor Plug - 30 kw Onboard Generator w/(5) 120 Volt Outlets - 24 Volt Circuits - Flow Gate Installation - Conveyor Reverse (Independent Conveyors and Augers) - 3 Function Screed Control - Remote Control Options - Tow Point Indicator - Right Hand Outlet Box - Hopper Locks - Side Extendable Rotating Seats - (4) Sensor Feed System -Automatic Tensioning Conveyors -Adjustable Screed Side Arms - Color Display w/Speed Limiter - Interchangeable Drop -In Floor Plates - Ground Level Fuel Fill - Remote Jumper Start Connections on Both Sides of Paver - Emergency Operations Panel - Outboard Conveyor Drive Motors - Low Fuel Alarm - Blaw-Kote Coating System w/35ft Hose and Spray Valve/Nozzle BUYBOARD Pricing (All Fees Included) $385,165.00 VOLVO ROAD INSTITUTE TRAINING at the Shippensburg Factory: The Road Institute focuses their training efforts on you, the paving contractor and various other occupations within the asphalt paving industry. A few of the many topics they will cover are - asphalt paving training, compactor operator training and paving operator training. They will provide the paving contractor, operator, agency and industry personnel with the "important link" between equipment technology and industry applications. Our Operator courses / seminars are designed to improve an operator's skills with both theory (classroom) and hands-on operation of Volvo Road Machinery equipment. Machine Warranty: 24 Months / Unlimited Hours Standard Full Machine Screed Warranty: 12 Months / 1000 Hours Price does not include any taxes. The above price is valid for 30 days unless specifically extended by ROMCO Equipment Co. Notice is hereby given that ROMCO Equipment Co. LLC has assigned its rights under this sales contract to ROMCO Exchange Co. LLC to sell the equipment described herein and, if applicable, to purchase trade-in property described herein. Quoted By: pa- o slaffwy rr Pat Slattery ROMCO Paving Equipment Sales RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a paving machine for use by the Streets and Drainage Division from Romco Exchange Co., LLC, of Dallas, Texas, in the amount of $385,165.00 through the Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - 3 December 22, 2015 Consider a resolution authorizing the purchase of a street sweeper from Kinloch Equipment, Inc., of Houston TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officerbt-11 MEETING DATE: December 22, 2015 REQUESTED ACTION: Council consider a resolution authorizing purchase of a sweeper and roller from Kinloch Equipment, Inc., of Houston, in the total amount of $279,999. BACKGROUND The Elgin sweeper will replace unit 4298, which has 3,549 operating hours. In addition to excessive maintenance and unreliability, the sweeper has suffered a major mechanical failure and will be disposed of through the City's surplus equipment program. The Wacker-Neusson roller is a new addition. It is used to compact road base prior to paving. Concrete crews do not have a roller and must borrow or rent one to do this work. 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 $2090 which is paid to the vendor. One (1) year manufacturer warranty is provided, with service through Kenloch Equipment, Inc. FUNDING SOURCE The roller in the amount of $29,500 is budgeted in the Capital Reserve Fund while the sweeper for $250,499 will be financed in 2016 for a three to five year term. RECOMMENDATION Approval of the resolution. PRODUCT PRICING SUMMARY BASED ON CONTRACT BUYBOARD #420-13 End User: City of Beaumont Kinloch Rep: Marcus Breidenthal Contact: Jeff Harville Phone/email: 713-823-6107 Phone/email: 409-842-5885 Date: Thursday, October 22, 2015 Product Description: Elgin 4M Eagle - Dual A. Bid Series: 420-13 A. Base Price: I $ 168,480.00 R R,1.}Gai,a.i 11..4:....a fifn.n.�u nary Mlnwl Code Options Bid Price Code Options Bid Price 2016 M2 Dual Steer Chassis $ 101,790.00 M2-Chassi Alterations $ 2,220.40 Hig Temp H d Shutdown $ 338.00 Low Level H d Shutdown $ 348.00 Hopper Interior Light $ 780.00 Rear Mounted LED Arrowstick $ 1,731.60 LED Stop/Tail/Turn Lts $ 343.20 Side Broom Tilt - RH $ 1,222.00 25' Water Fill Hose - ILO 16' $ 192.40 AM/FM/CD Radio $ 904.80 Total of B. Published Options:I $ 109,870.40 C. Unpublished Options [Itemize each below, not to exceed 25%] u.0 /o tions Bid Price Options Bid Price Total of C. Unpublished Options: $ - D. Pre -delivery Inspection: E. Texas State Inspection: F. Manufacturer Destination/Delivery: G. Floor Plan Interest (for in -stock and/or equipped vehicles): H Lot Insurance (for in -stock and/or equipped vehicles): I. Contract Price Adjustment: Loyal Customer Discount $ (31,601.40) J. Additional Delivery Charge: 1500 miles $ 2,250.00 K Subtotal: $ 248,999.00 L. Quantity Ordered 1 x K = $ 248,999.00 M. Trade in: N. BUYBOARD Administrative Fee ($400 per purchase order) $ 1,500.00 O. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE $ 250,499.00 PRODUCT PRICING SUMMARY BASED ON CONTRACT BUYBOARD #424-13 End User: City of Beaumont Kinloch Rep: Marcus Breidenthal Contact: Jeff Harville Phone/email: 713-823-6107 Phone/email: 409-842-5885 Date: Thursday, October 22, 2015 Product Description: Wacker Neusson RD 16-90 Roller, Double Dn A. Bid Series: 424-13 A. Base Price: I $ 38,080.00 D. E. F. G. H I. J. K Pre -delivery Inspection: Texas State Inspection: Manufacturer Destination/Delivery: Floor Plan Interest (for in -stock and/or equipped vehicles): Lot Insurance (for in -stock and/or equipped vehicles): Contract Price Adjustment: Additional Delivery Charge: Subtotal: L. Quantity Ordered M. Trade in: 650 miles I xK= N. BUYBOARD Administrative Fee ($400 per purchase order) O. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE $ (10,145.00) IS 975.00 $ 28,910.00 $ 28,910.00 $ 590.00 IS 29,500.00 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a sweeper and roller for use by the Streets and Drainage Division from Kinloch Equipment, Inc., of Houston, Texas, in the amount of $279,999.00 through the Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - December 22, 2015 Consider a resolution authorizing the purchase of three backhoes from Mustang Cat, Inc., of Beaumont for use by the Streets and Drainage Division and at the Sewer Treatment Plant TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: December 22, 2015 REQUESTED ACTION: Council consider a resolution authorizing the purchase of three (3) Caterpillar backhoes from Mustang Cat, Inc., of Beaumont, in the total amount of $219,705 for use by the Streets and Drainage Division and the Sewer Treatment Plant. BACKGROUND Two of the three units will be used by the Streets and Drainage Division for preparing roadways for paving. The third unit will be used at the Sewer Treatment Plant to move sludge in and out of the drying beds, removing heavy debris from the high flow pump station, loading trucks for transport to the landfill and in repairing and replacing pumps. The new backhoes are replacing existing equipment that is not reliable and will be disposed of through the City's surplus equipment program. 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. Warranty service for 3 years/5,000 hours will be provided by Mustang Cat, Inc., of Beaumont, the local dealer. FUNDING SOURCE Capital Reserve Fund and Water Fund. RECOMMENDATION Approval of resolution. 0ard Coaprativrr Purchasi+rq To: CITY OF BEAUMONT Attn: JEFF HARVILLE 416F ST 2WD/ STD NEW CATERPILLAR STICK/ MODEL: CAB/AC 4161`2 BHL ST, TIER 4 HRC, 70KW STICK, STANDARD, 14FT CONTROLS, BACKHOE PATTERN ENGINE, 70KW, C4.4 ACERT, T4F HYDRAULICS, GP, 5FCN/7BNK BELT, SEAT, 2" SUSPENSION CAB, STANDARD SEAT, FABRIC COUNTERWEIGHT, 1015 LBS STABILIZER PADS, FLIP -OVER BUCKET -GP, 1.25 CYD CUTTING EDGE, TWO PIECE BUCKET -HC SOIL, 24", 8.5 CFT INSTRUCTIONS, ANSI SERIALIZED TECHNICAL MEDIA KIT PLATE GROUP - BOOM WEAR GUARD, STABILIZER PACK, DOMESTIC TRUCK LANE 3 ORDER PT, 2WD, STD SHIFT, MECH TIRES, 2WD BIAS, FIRESTONE AIR CONDITIONER, T4 Selling Price DEL TO FLEET 10/21/2015 BUYBOARD $73,235.00 QUOTE Warranty: 1st Year Premier/Unlimted Hours; Years 2 & 3, 5000 Hour Powertrain + Hydraulics *No Travel Time and Mileage Charges for Warranty Repairs Thank you for the opportunity to quote on your equipment needs. Stevan de Leon 409-201-9500 sdeleon@mustangcat.com **Financing Rate to be determined by Cat Financial Services Corporation. ***Price valid for 30 days from time of quote. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of three (3) Caterpillar backhoes for use by the Streets and Drainage Division and the Sewer Treatment Plant from Mustang Cat, Inc., of Beaumont, Texas, in the amount of $219,705.00 through the Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames - 5 December 22, 2015 Consider authorizing the City Manager to enter into an agreement with Enterprise Beaumont Marine West, L.P. for economic development incentives under the City's Chapter 380 Economic Development Program A TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: December 22, 2015 REQUESTED ACTION: Council consider authorizing the City Manager to enter into an agreement with Enterprise Beaumont Marine West, L.P. for economic development incentives under the City's Chapter 380 Economic Development Program. BACKGROUND Chapter 380 of the Texas Local Government Code allows cities to implement economic incentive programs to encourage new businesses as well as project expansions. In June 2014, the City Council established the Chapter 380 Economic Development Program in an effort to encourage significant economic development projects within the city. Enterprise Beaumont Marine West, L.P. (formerly Oil Tanking) is making improvements in the estimated amount of $370 Million to store and transport 4.1 million barrels of crude oil. Enterprise owns land and improvements located inside and outside the city limits of Beaumont. Property taxes for property owned by Enterprise that is located outside the city limits is governed by an Industrial Agreement with the City of Beaumont. Improvements made by Enterprise that are located within the city limits will be governed by the 380 Agreement. The estimated value of improvements being made within the city limits is $145 Million. The applicant is requesting a 100% abatement of city taxes for ten years, beginning in January 2016. For consideration of the tax abatements being provided, the City has negotiated with Enterprise for payments to be made over a ten-year period. A payment of $1.0 Million will be made to the City in 2017 and 2018 and payments of $139,327 will be made each year thereafter from 2019 through 2026. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution authorizing the City Manager to enter into an agreement with Enterprise Beaumont Marine West, L.P. STATE OF TEXAS § § COUNTY OF JEFFERSON § CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT between THE CITY OF BEAUMONT, TEXAS and ENTERPRISE BEAUMONT MARINE WEST, L.P. This CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT (the "AGREEMENT") is made, entered, and executed in duplicate originals by and between the CITY OF BEAUMONT, TEXAS, ("CITY") and ENTERPRISE BEAUMONT MARINE WEST, L.P. ("ENTERPRISE"), as authorized by Chapter 380, Texas Local Government Code. WHEREAS, Article 3, Section 52A, Texas Constitution, authorizes the Legislature to enable cities and counties to implement programs for the public purposes of economic development under which cities and counties may provide financial incentives for the purposes of stimulating local economic development and business and commercial activity in the CITY; and WHEREAS, Section 380.001, Texas Local Government Code, authorizes the municipalities to establish and provide for the administration of one or more programs in order to stimulate business and commercial activity in the CITY, including programs for making loans and grants of public money to promote local economic development; and WHEREAS, CITY has established a program of economic development for the purposes of creation and retention of jobs for the citizens of the CITY and region, to promote economic expansion, and to add to the tax base of the CITY; and WHEREAS, CITY wishes to encourage ENTERPRISE to continue to expand its operations within the City of Beaumont; and WHEREAS, the proposed expansion by ENTERPRISE will result in new economic development in the CITY, including creating new jobs, increasing sales tax revenue to the CITY and increasing ad valorem taxes within the CITY; and Economic Development Agreement 1 WHEREAS, the proposed expansion by ENTERPRISE will have a direct positive and measurable economic benefit to the CITY; and WHEREAS, the CITY recognizes the positive economic impact the proposed expansion will have on the CITY and wishes to provide incentives to ENTERPRISE to assist in the proposed expansion by ENTERPRISE, thereby contributing toward the further economic development and growth of the CITY; and WHEREAS, the CITY finds that this AGREEMENT embodies an eligible "program" and clearly promotes economic development in the City of Beaumont, Texas, and, as such, meets the requisites under Chapter 380 of the Texas Local Government Code and further is in the best interests of the CITY. NOW, THEREFORE, for the mutual consideration set out below, the Parties hereto agree as follows: I. AUTHORIZATION CITY's execution and performance of this AGREEMENT is authorized by Section 380.001, Texas Local Government Code, and by the CITY's Chapter 380 Economic Development Policy, and constitutes the valid and binding obligation of the CITY from and after execution hereof by all Parties. ENTERPRISE's execution and performance of this AGREEMENT has been duly authorized and constitutes the valid and binding obligation of ENTERPRISE from and after execution hereof by all Parties. II. DEFINITIONS 1. "Ad Valorem Taxes" means with respect to any property tax year, all ad valorem property taxes collected by the CITY on the Eligible Property for that tax year. For the purposes of this AGREEMENT, Ad Valorem Taxes collected by the CITY shall not include penalties, interest, or attorneys' fees. 2. "Affiliate" of any specified person or entity means any other person or entity, which, (i) directly or indirectly, through one or more intermediaries, controls, or is controlled by, or (ii) is under direct or indirect common control with such specified person or entity. For the purposes of this definition, "control" when used with respect to any person or entity means (a) the ownership, directly or indirectly, of fifty (50%) or more of the voting securities of such person or entity; or (b) the right to direct the management and operations of such person or entity, directly or indirectly, whether through the ownership (directly or indirectly) of securities, by contract or otherwise, and the terms "controlling" and "controlled" have meanings correlative to the foregoing. Economic Development Agreement 2 3. "Commercially Reasonable Efforts" means, as to a Party hereto, an undertaking by such Party to perform or satisfy an obligation or duty or otherwise act in a manner reasonably calculated to obtain the intended result by action or expenditure not disproportionate or unduly burdensome under the circumstances, which means, among other things, that such Party shall not be required to (i) expend funds other than for payment of the reasonable and customary costs and expenses of employees, contractors, counsel, consultants, representatives or agents of such Party in connection with the performance or satisfaction of such obligation. duty or other action or (ii) institute or settle any litigation or arbitration as a part of its reasonable efforts. 4. "Eligible Property" means the buildings, structures, fixed machinery and equipment, process units including all integral components necessary for operations, site improvements, infrastructure, and that office space and related fixed improvements necessary to the operations and administration of the Project. A list of the Eligible Property is set forth in the Application for 380 Incentives filed by Enterprise, a copy of which is attached hereto as Exhibit A, which is incorporated by this reference. During the construction phase of the Project, ENTERPRISE may make such change orders to the Eligible Property as are reasonably necessary to accomplish its intended use. 5. "Force Maieure" means an event or occurrence caused by (a) provisions of law, or the operation or effect of rules, regulations or orders promulgated by any governmental authority having jurisdiction over ENTERPRISE or the Project; (b) any demand or requisition, arrest, order, request, directive, restraint or requirement of any government or governmental agency whether federal, state, military, local or otherwise; (c) the action, judgment or decree of any court; (d) floods, storms, hurricanes, evacuation due to threats of hurricanes, lightning, earthquakes, washouts, high water, fires, acts of God or public enemies, wars (declared or undeclared), blockades, epidemics, riots or civil disturbances, insurrections, strikes, labor disputes (it being understood that nothing contained in this AGREEMENT shall require ENTERPRISE to settle any such strike or labor dispute), explosions, breakdown or failure of plant, machinery, equipment, lines of pipe or electric power lines (or unplanned or forced outages or shutdowns of the foregoing for inspections, repairs or maintenance), inability to obtain, renew or extend franchises, licenses or permits, loss, interruption, curtailment or failure to obtain electricity, gas, steam, water, wastewater disposal, waste disposal or other utilities or utility services, inability to obtain or failure of suppliers to deliver equipment, parts or material, or inability of ENTERPRISE to receive product into, or to ship or transport product out of their respective facilities; or (e) any other cause (except financial), whether similar or dissimilar, over which ENTERPRISE has no reasonable control and which forbids or prevents performance. Economic Development Agreement 3 6. "Ineligible Property" means land, inventories, supplies, tools, furnishings, and other forms of movable personal property, including but not limited to, vehicles, vessels, aircraft, housing, hotel accommodations, deferred maintenance investments, improvements for the generation or transmission of electrical energy not wholly consumed by the Project, and property that has an economic life of less than fifteen (15) years. 7. "Parties" means collectively the CITY and ENTERPRISE, and "Party" means the CITY or ENTERPRISE, as the case may be. 8. "PILOT Payment" means the amount for each tax year as designated in Exhibit "B" attached hereto, subject to reduction as provided in Section IV.1 and Section VITA of this Agreement. 9. "Project" means the new crude oil storage tanks, pipeline interconnects, a distribution system and a new finger -pier style vessel dock to be constructed by ENTERPRISE at its existing facility in Beaumont, as described in Section IV. 1, below on the Property described in Exhibit C. 10. "Property" means the land on which the Project will be developed as described in the legal description and depicted on the plat attached hereto as Exhibit C. The Property is within the Gatsby Reinvestment Zone, an area within Beaumont, Jefferson County, Texas, comprising approximately 1559.5 acres, more or less. The Gatsby Reinvestment Zone was designated by the City under Ordinance No. 14-024 dated June 10, 2014, a true and correct copy of which is attached hereto as Exhibit D and is hereby incorporated. It is understood and agreed that the Gatsby Reinvestment Zone boundary is subject to revision based upon the final construction plan for the Project and the City agrees to take the steps necessary to amend the Reinvestment Zone boundary upon request by Enterprise. 11. "Term" means the period commencing on the Effective Date and ending on the Termination Date. 12. "Termination Date" means December 31, 2026. Economic Development Agreement 4 III. TERM This AGREEMENT shall be enforceable upon execution and delivery by both Parties (which date is herein referred to as the "Effective Date"). Subject to the provisions of Section 1 of Article IV, should ENTERPRISE not undertake the construction of the Project as described in Section 1 of Article IV below, this AGREEMENT shall be null and void. IV. ENTERPRISE REPRESENTATIONS / OBLIGATIONS ENTERPRISE agrees as a condition of receiving the benefits of this AGREEMENT: 1. Project: To construct the Project on the Property described on Exhibit C at the estimated construction cost of $394,059,542, pursuant to the representations made in the Application attached hereto as Exhibit A. 2. Local Sourcing: Enterprise agrees to make bidding information available to qualified local contractors, vendors, manufacturers and laborers and to conduct pre-bid meetings from time to time with potential local bidders and suppliers of services and materials for the Project. 3. PILOT Payments- Commencing January 31, 2016, and continuing through the term of this Agreement, ENTERPRISE shall pay to the CITY the PILOT Payment amounts set forth on Exhibit B. V. VALUE AND TERM OF AGREEMENT 1. The tax abatement provided for in this Agreement for the Project shall be effective on the January 1, 2016 valuation date as authorized by Sec. 312.204 of the Texas Tax Code and Section 380.001 of the Texas Local Government Code. A separate property tax account (Property ID 349283) has been established by the Jefferson County Appraisal District for the Project. In each year that this Agreement is in effect, the amount of abatement for the Project shall be an amount equal to the percentage as indicated in the Tax Abatement Schedule ("Schedule") below. The appraised value, as defined in the Texas Property Tax Code, of Eligible Property must be abated in accordance with the Schedule below: Economic Development Agreement 5 TAX ABATEMENT SCHEDULE Tax Year Abated Percentage of Value Abated 2016 100% 2017 100% 2018 100% 2019 100% 2020 100% 2021 100% 2022 100% 2023 100% 2024 100% 2025 100% 2. During the period that the tax abatement granted herein is effective: (a). The value of Ineligible Property shall be fully taxable; (b). The appraised value, as defined in the Texas Property Tax Code, of Eligible Property shall be abated as set forth in the above Schedule. 3. In no event shall the abatement period for the Project exceed a period of ten (10) years, in accordance with state law. ment Agreement 6 VI. LIABILITY 1. No Assumption: By this AGREEMENT, ENTERPRISE assumes no obligation, duty or other responsibility with regard to any governmental function or service for which the CITY is responsible that is not otherwise addressed by this AGREEMENT. In addition, ENTERPRISE assumes no legal liability for the actions of the CITY through the execution of this AGREEMENT. The CITY individually assumes no obligation, duty or other responsibility with regard to any duty, right, obligation or responsibility associated with the Project for which ENTERPRISE is responsible that is not otherwise addressed by this AGREEMENT. In addition, the CITY assumes no legal liability for the actions of ENTERPRISE or its successors or assigns by virtue of its execution of this AGREEMENT. 2. Agents: Each Party to this AGREEMENT agrees that it shall have no liability for the actions or omissions of the employees, agents, directors, members, trustees or representatives of any other Party, and each Party is solely responsible for the actions and omissions of its own employees, agents, directors, members, trustees or representatives. VII. DEFAULT 1. Events of Default: During the Term, the CITY may declare a default hereunder by ENTERPRISE if ENTERPRISE (i) fails to commence construction of the Project within one (1) year after the Effective Date, (ii) fails to commence construction of the Project, (iii) refuses or neglects to comply with any of the terms of this AGREEMENT and fails to cure within the Cure Period (as defined below), or (iv) if any representation made by ENTERPRISE in this AGREEMENT is false or misleading in any material respect. 2. Notice and Cure: If the CITY declares ENTERPRISE to be in default of this AGREEMENT, the CITY shall notify ENTERPRISE in writing prior to the end of the abatement period, and if such default is not cured within sixty (60) days from the date of such notice (such sixty (60) day period, or such longer period as is provided for in this Section 2 being referred to as the "Cure Period"), then this AGREEMENT may be terminated or modified; provided, however, that in the case of a default for causes beyond ENTERPRISE's reasonable control which cannot with due diligence be cured within such sixty (60) day period, the Cure Period shall be deemed extended an additional sixty (60) day period, or a period of time agreeable to both parties should the circumstances require a longer period of time to cure, if ENTERPRISE (i) shall immediately, upon the receipt of such notice, advise the CITY of ENTERPRISE's intention to institute all steps necessary to cure such default and (ii) shall proceed to cure. 3. Delinquent Ad Valorem Taxes: In the event ENTERPRISE allows its ad valorem taxes on the Project owed the CITY to become delinquent and fails to timely and properly Economic Development Agreement 7 follow the legal procedures for their protest and appeal, or if ENTERPRISE violates any of the terms and conditions of this AGREEMENT and fails to cure during the Cure Period, this AGREEMENT may then be terminated. 4. Discontinuation: In the event the Project herein is completed and begins producing product or services, but subsequently discontinues storage and shipment of crude oil, petroleum and liquefied petroleum products for any reason excepting fire, explosion or other casualty, accident or natural disaster, or governmental mandate, or other event of Force Majeure, for a continuous period of one (1) year during the Term of the AGREEMENT, then this AGREEMENT shall terminate with respect to the applicable portion of the Project that is no longer producing product or services; and in such event, this AGREEMENT shall be amended to exclude such portion of the Project from coverage under this AGREEMENT, including, without limitation, a commensurate reduction in the PILOT Payment amounts from Enterprise to the CITY with respect to such portion of the Project. In the event of termination pursuant to the provisions of this paragraph, the abatement of the taxes for the calendar year during which the Project no longer operates shall terminate, but there shall be no recapture of prior years' taxes abated by this Agreement. The taxes otherwise abated shall be paid to the City prior to the delinquency date for such year. In no event shall Enterprise be required to pay such taxes within less than sixty (60) days of the termination. 5. Termination: If after notice of default and failure to cure, the CITY terminates this Agreement, it shall provide ENTERPRISE written notice of such termination. If ENTERPRISE believes that such termination was improper, ENTERPRISE may file suit in the Jefferson County District Court appealing such termination within sixty (60) days after receipt from the CITY of written notice of the termination. If such a suit is filed, ENTERPRISE shall remit to the CITY, within ninety (90) days after receipt of the notice of termination, any additional Ad Valorem Taxes as may be payable during the pendency the litigation pursuant to the payment provisions of Section 42.08, Tax Code. If the final determination of the appeal increases ENTERPRISE's tax liability above the amount of tax paid, ENTERPRISE shall remit the additional tax to the CITY pursuant to Section 42.42, Tax Code. If the final determination of the appeal decreases ENTERPRISE's tax liability, the CITY shall refund to ENTERPRISE the difference between the amount of tax paid and the amount of tax for which ENTERPRISE is liable pursuant to Section 42.43, Tax Code. VIII. NOTICE Economic Development Agreement 8 Any notice and/or statement required and permitted to be delivered shall be deemed delivered by deposing by depositing same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate Party at the following addresses: Notices to ENTERPRISE shall be addressed to: Curt Tate, Director of Property and Transaction Tax ENTERPRISE BEAUMONT MARINE WEST, L.P. P.O. Box 4018 Houston, Texas 77210-4018 1100 Louisiana Street, Suite 1000 Houston, Texas 77002 With copies to: ATTN: General Counsel ENTERPRISE BEAUMONT MARINE WEST, L.P. P.O. Box 4018 Houston, Texas 77210-4018 1100 Louisiana Street, Suite 1000 Houston, Texas 77002 and Timothy E. Young Ikard Wynne LLP 2901 Via Fortuna, Suite 450 Austin, Texas 78746 Notices to CITY shall be addressed to: City of Beaumont Kyle Hayes, City Manager 801 Main Street Beaumont, Texas 77701 Either Party may change its address for receipt of notices under this AGREEMENT from time to time by delivering at least ten (10) days prior written notice of such change to the other Party in the manner prescribed above. IX. MISCELLANEOUS PROVISIONS Economic Development Agreement 9 1. Disclaimer: Nothing herein shall confer upon any person, firm or other entity other than the Parties hereto any benefit or any legal or equitable right, remedy or claim under this AGREEMENT. All obligations hereunder of the Parties hereto shall be binding upon their respective successors and assigns. 2. Amendments to Agreement: Waivers: This AGREEMENT may not be modified or amended except by an instrument or instruments in writing signed by all of the Parties. Waiver of any term, condition or provision of this AGREEMENT by any Party shall only be effective if in writing and shall not be construed as a waiver of any subsequent breach of, or failure to comply with, the same term, condition or provision, or a waiver of any other term, condition or provision of this AGREEMENT. 3. Approvals or Consents: Approvals or consents required or permitted to be given under this AGREEMENT shall be evidenced by an ordinance, resolution, or minute order adopted by the governing body or board of the appropriate Party or by a certificate executed by a person, firm or entity previously authorized to give such approval or consent on behalf of a Party. Approvals and consents shall be effective without regard to whether given before or after the time required for giving such approvals or consents. 4. Assignment: ENTERPRISE may assign this AGREEMENT in whole or in part to an Affiliate or a new owner or lessee of the Property or the Project, or any portion thereof, provided that ENTERPRISE shall provide written notice of such assignment to the CITY. Upon such assignment, ENTERPRISE's assignee will be liable to the CITY for outstanding taxes or other obligations arising under this AGREEMENT with respect to the applicable portion of the Property or the Project. The CITY shall not assign its rights or obligations under this Agreement to any other person or party. 5. Parties in Interest: This AGREEMENT shall be for the sole and exclusive benefit of the Parties hereto and shall not be construed to confer any rights upon any third parties. 6. Supplementation: In the event any further documentation or information is required for this AGREEMENT to be valid, then the Parties to this AGREEMENT shall provide or cause to be provided such documentation or information. The Parties shall execute and deliver such documentation, including but not limited to any amendments, corrections, deletions or additions as necessary to this AGREEMENT provided however that the Parties shall not be required to do anything that has the effect of changing the essential economic terms of this AGREEMENT or imposing greater liability on the Parties. The Parties further agree that they shall do anything necessary to comply with any requirements to enable the full effect of this AGREEMENT; provided, however, that the Parties shall not be required to do anything that has the effect of changing the essential economic terms of this AGREEMENT or imposing greater liability on the Parties. Economic Development Agreement 10 7. Merger: This AGREEMENT contains all of the terms and conditions of the understanding of the Parties relating to the subject matter hereof. All prior negotiations, discussions, correspondence, and preliminary understandings between the Parties and others relating hereto are superseded by this AGREEMENT. 8. Governing Law: This AGREEMENT and the transactions contemplated hereby shall be governed by and interpreted in accordance with the laws of the State of Texas without giving effect to principles thereof relating to conflicts of law or rules that would direct the application of the laws of another jurisdiction. Venue in any legal proceeding shall be in Jefferson County, Texas. 9. Authorization: Each of the parties hereto represents and warrants to the other party that (i) it has all requisite power and authority to execute and deliver, to perform its obligations under and to consummate the transactions contemplated by this Agreement and (ii) the execution and delivery of this Agreement, the performance of its obligations under and the consummation by each party of the transactions contemplated by this Agreement have been duly authorized by all requisite corporate authority on the part of Enterprise, with respect to the representation and warranty of Enterprise, and by all requisite governmental authority on the part of the City, with respect to the representation and warranty of the City, and (iii) upon execution and delivery of this Agreement, this Agreement will constitute valid and binding legal obligations of such party. 10. Severability: If any term, provision or condition of this AGREEMENT, or any application thereof, is held invalid, illegal or unenforceable in any respect under any Law (as hereinafter defined), this AGREEMENT shall be reformed to the extent necessary to conform, in each case consistent with the intention of the Parties, to such Law, and to the extent such term, provision or condition cannot be so reformed, then such term, provision or condition (or such invalid, illegal or unenforceable application thereof) shall be deemed deleted from (or prohibited under) this AGREEMENT, as the case may be, and the validity, legality and enforceability of the remaining terms, provisions and conditions contained herein (and any other application such term, provision or condition) shall not in any way be affected or impaired thereby. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties hereto shall negotiate in good faith to modify this AGREEMENT in a mutually acceptable manner so as to effect the original intent of the Parties as closely as possible to the end that the transactions contemplated hereby are fulfilled to the extent possible. As used in this Section 10, the term "Law" shall mean any applicable statute, law (including common law), ordinance, regulation, rule, ruling, order, writ, injunction, decree or other official act of or by any federal, state or local government, governmental department, commission, Economic Development Agreement 11 board, bureau, agency, regulatory authority, instrumentality, or judicial or administrative body having jurisdiction over the matter or matters in question. 11. Payment of Expenses: Except as otherwise expressly provided in this AGREEMENT, or as covered by the application fee, (i) each of the Parties shall pay its own costs and expenses relating to this AGREEMENT, including, but not limited to, its costs and expenses of the negotiations leading up to this AGREEMENT, and of its performance and compliance with this AGREEMENT, and (ii) in the event of a dispute between the Parties in connection with this AGREEMENT, the prevailing Party in the resolution of any such dispute, whether by litigation or otherwise, shall be entitled to full recovery of all attorneys' fees (including a reasonable hourly fee for in-house legal counsel), costs and expenses incurred in connection therewith, including costs of court, from the non -prevailing Party to the extent allowed by law. 12. Force Majeure: In the event either Party is rendered unable, wholly or in part, by Force Majeure to carry out any of its obligations under this AGREEMENT, except the obligation to pay amounts owed or required to be paid pursuant to the terms of this AGREEMENT, then the obligations of such Party, to the extent affected by such Force Majeure and to the extent that due diligence is being used to resume performance at the earliest practicable time, shall be suspended during the continuance of any inability so caused to the extent provided but for no longer period. As soon as reasonably possible after the occurrence of the Force Majeure relied upon, the Party whose contractual obligations are affected thereby shall give notice and full particulars of such Force Majeure to the other Party. Such cause, as far as possible, shall be remedied with all reasonable diligence. 13. Interpretation: When a reference is made in this AGREEMENT to a Section, Article or Exhibit, such reference shall be to a Section or Article of, or Exhibit to, this AGREEMENT unless otherwise indicated. The headings contained in this AGREEMENT are for reference purposes only and shall not affect in any way the meaning or interpretation of this AGREEMENT. The words "include," "includes" and "including" when used in this AGREEMENT shall be deemed in such case to be followed by the phrase "but not limited to" words used in this AGREEMENT, regardless of the number or gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context shall require. This AGREEMENT is the joint product of the Parties and each provision of this AGREEMENT has been subject to the mutual consultation, negotiation and agreement of each Party and shall not be construed for or against any Party. Economic Development Agreement 12 14. Execution of Counterparts: This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. 15. Waiver. Failure of any Party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. 16. Governmental Immunity; Consent to Suit. Nothing in this AGREEMENT shall constitute a waiver by the CITY of its governmental or sovereign immunity. Nothing in this AGREEMENT shall be construed as express or implied consent by the CITY to being sued. Executed in duplicate this the CITY OF BEAUMONT Kyle Hayes City Manager day of , 2015. ENTERPRISE BEAUMONT MARINE WEST, L.P. By: Enterprise Beaumont Marine West GP, LLC Its: General Partner By: _ Name: Title: Economic Development Agreement 13 EXHIBIT A Application and Eligible Property CEE�UYONi, TEY119 APPLICATION FOR 380 INCENTIVES Applicant Information 1. Beneficiary of Incentives Enterprise Beaumont Marine West, L.P Property Owner X Business Owner. Leaseholder_ (check all that apply) Mailing address P. O Box 4018 Houston, Texas 77210-4018 Telephone (713)381-8253 Fax 281-887-7022 Cell Phone N/A Email anoor@eprod.com 2. Contact Information Curt Tate Title Director of Property and Transaction Tax Mailing address PO. Box 4018 Houston, Texas 77210-4018 Telephone (713) 381-8071 Fax 281-887-7022 Cell Phone N/A Email ctate(c-)eprod.com Relationship to Beneficiary: Same as above X Authorized Representative _ 3. Property address 6275 Highway 347 , Beaumont, Texas 77705 4. Property legal description (metes & bounds) P Humphreyes ABS -32 PT TR 11 &12 Jefferson County Appraisal District Account # 130567 5. Attach a complete description of the project including: See Attached A. Method of financing Equity financing/Self funding B. Primary business activity at this site -Crude Storage C. Complete description of all land uses see attached D. Time schedule for completion of improvements 14 Months E. NAICS/SIC Industry Code 486110 F. Descriptive list of improvements 1. Size 125.344 Acres 2. Cost of construction $ 394,059,542 3. Value of Personal Property a. Inventory $ None What percent is eligible for Freeport Exemption (exported from Texas within 175 days) N/Ayo b. Equipment, machinery, furnishings, etc. $ 154,427,504 G. What taxable sales will be generated at this location $ None per year 6. These documents must be submitted prior to the City staff's review of the application: • Property tax statement from the County Tax Office See attached • Plat/map of project location See Attached 7. Level of abatement requested 100 or X Business Personal Property City of Beaumont Incentives Application Page 1 of 3 10 Years on X Real Property Describe, in detail, all other incentives sought from the City- other economic incentives, fee waivers, fast-track plans review, etc. Jefferson County,and Port of Beaumont Navigation District. 9. Estimated taxable value of property improvements: Real $154 Million Personal $150,0000 Estimated taxable value is the value of the improvements on January 1 of the year after the improvements are made. 10. Job Creation & Retention: Number of Full Time Equivalent Jobs Avg. Annual, Monthly, Benefits Provided #t of Positions Created # of Positions or Hourly Wage Retained Executive Professional $ 60,230 Avg. Annual H"&'.Msdcaltrn� and AWK, C V Managerial Administrative General Labor Other Total 11. Infrastructure improvements/modifications sought: None 12. Will 381 application be made to Jefferson CountyYes X No 13. On an attachment, describe why incentives are necessary for the success of this project and, how the improvements will benefit the property at the conclusion of the incentives (Include any documentation necessary to substantiate your request and if any other locations are under consideration). See Attached 14. 1 am authorized to sign this application for incentives and to certify through my signature below that the business for whom I am authorized to sign, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker. If, after receiving an incentive or a "public subsidy" as defined In Government Code § 2254.001(3), the business or a branch, division, or department of the business, is convicted of a violation under 8 U.S.C. § 1324a(f), the business shall repay the amount of the incentive or the public subsidy with interest, at the rate and according to the other terms provided by an agreement rewired under Government Cade § 2264.D53, not Jater than the 120th day after the date the City notifies the business of the violation. I certify that the information contained herein is true and correct. Curt Tate Director of Property and Transaction Tax Name Title (Must be signed by a corporate officer December 3, 2015 with signature authority) Date City of Beaumont Incentives Application Page 2 of 3 ct U1 This application must be completed and returned for consideration prior to the submission of an application for a building permit or the issuance of a certificate of occupancy, whichever comes first. Upon receipt of this application, the City of Beaumont shall require such financial and other information as may be deemed appropriate for evaluating the financial capacity and other factors of the applicant. An electronic copy of this application is available. For more information, please call (409) 880-3100. Completed requests should be submitted to, Chris Boone Director of Planning and Community Development City of Beaumont P.O. Box 3827 Beaumont, TX 77701 City of Beaumont Incentives Application Page 3 of 3 Project Description Enterprise Beaumont Marine West, L.P ("Enterprise") is considering construction of a storage facility consisting of new 4.1 million barrels of crude oil storage tanks, pipeline interconnects and distribution system at the existing Enterprise Oiltanking Beaumont facility. The construction will include a new finger -pier style vessel docks near existing docks to accommodate the additional storage capacity. Also, additional inbound and outbound pipeline connectivity will be required. Project investment: Location Remote Side' Shore Side Pipelines Total Total Cost of Project $154,427,504 $95,250,012 $144,382,026 $394,059,542 Taxable Property 131,301,628 78,260,078 135,104,907 344,666,614 Pollution Control* 13,860,225 11,274,933 614,197 25,749,356 Capitalized Interest* 9,265,650 5,715,001 8,662,922 23,643,573 $ 154,427,504 $ 95,250,012 $ 144,382,026 $ 394,059,542 * Exempt ** Eligible for 381 Agreement Method of Financing- Self funding /Equity offering - Primary business activity at the site- Crude oil storage Time schedule of completion of improvements- 14 months - NAICS/SIC Industry Code -486110 Construction Cost- $ 394,049,542 Inventory value owned by Enterprise -$ 0 ( Inventory owned by third party) Inventory eligible for Freeport Exemption- NA Equipment, Tanks, Pipe, etc. -$ 154,427,504 00054631-2 Location Determination Factors • Enterprise is a leading midstream energy company with large pipeline foot print in Louisiana. These pipelines provide substantial flexibility in plant location. (a) Enterprise has significant assets in Louisiana including pipes that can and do move product to and from Texas. (b) For every significant Investment we make, there is a thorough review of the offered tax Incentives in the region that helps determine our long term Investment approach in a states or location. (c) While Louisiana has had very competitive incentives to make big investments in their state, Texas has been equally competitive with the Inclusion of the local tax incentives programs. (d) Support for these Texas industries can be managed via pipelines to and processes in neighboring states. (e) Enterprise will continue this business valuation and decision process. • The property tax burden has a direct impact on the proposed project's economic viability and the decision to invest in the City of Beaumont. • The ability to enter into 380 agreements with the City of Beaumont is a determining factor to invest in the City of Beaumont, Texas. • Capital investments by the Applicant are allocated to projects based on expected economic return on investment. Property tax liabilities can make up a substantial ongoing cost of operation that directly impacts the rate of return on the investment in the proposed project. Without the tax incentive this project will not meet the required rate of return to move forward with the investment. • Tax incentives play an important role in attracting capital intensive facilities due to the high property tax burden in Texas. • The Applicant is evaluating various projects for development and where to commit substantial long term investment based on economic rate of return on investment in the proposed projects. The economic benefit provided by the 380 agreement is an important component in this analysis. 00054631-2 Map of Project Location: Beaumont — West Terminal o 5.5 MMBbls storage (primarily products and petrochemicals) o 4.1 MMBbIs crude oil storage under construction Beaumont — West Docks D 2—ship / 2—barge with 40' draft o 2—ship under construction LOA — 900'/ Beam —150' o Crude oil loading rate up to 25,000 BPH 00054631-2 From This laNOT a ement x 2015 Notice Of Appraised Value °° Nor ►�avice Statement 77la Notice Property ID: 349283 A Jefferson Court A raisal District Ownership % 10°_0° S County PP Geo ID:+ - —n -vim u PO Box 21337 DSA: Beaumont, TX 77720-1337 Legal BEAUMONT TERMINAL IMPROVEMENTS kN INSIDE CITY NEW ASATMENT) 6275 HWY Phone: 409-840-9944 Fax: 405-840-9732 347; 0MOMBEAUM00 (1 �fj� 528600-000-0OOOt3-00000 t DATE OF NOTICE: May 21, 2015 Legal Acres. c� Sftus: Appraiser Owner ID 480875 Property ID: 349283 - 528600-0DO-0000000 M BPR[Sl; iilMOW MARINA ' WEST -S PROPERTY TAX DEPARTMENT. PO BOX 4018 HOUSTON, TX 77210-4018 US Jefferson County Appraisal District PO Box 21337 Beaumont, TX 77720-1337 Dear Prop" Owner, i W^ h— nr ;, A th^ nrr rtv lixie l nhnve for the tax veer 2015. As of January 1. our aooraisal Is outlined bel yw Appra" Informabon P - 2015 Structure 1 Improvement Market Value 2,050,000 Market Value of Nan AgiTimber Land 0 Market Value of AgJTvnber Lend 0 0 Market Value of Petsorta! M nerals 2,050,000 Total Market Value l 2 050 040 prod ivity Value of amber Land 0 Appraised Value ' Possible Homestead Limitations tee asterisk below 2,050,000 Homestead Cap Value excluding Non-Homeslte Value i.e. Ag, Commercial 0 Exemptions tI AB 2014 2,050 000 2015 l 2015 f 2015 2015 2015 Tsxabk Taxing Unit Proposed Examptfon TYxabie Tan RataEstimated L Frieze You and vakm 7,48250 Appnalsied Value Amount Vail Taxes Tkx U hAK M AN U LA I=MRL KUhLLJ 0 BEAUMONT INDEPENDENT SCHO 6,.J0. y 2,050,000 v 0 r.v....,vv.. 2,050,000 •""'•'•"'_ 1315000 --- 28,85750 0 CITY OF BEAUMONT 2,050,000 0 2,050,000 0.880000 14,145,00 0 PORT OF BEAUMONT 2,050,000 0 2,050000 0.084877 1,325.87 0 SABINE-NECHES NAVIGATION DI 2,050,000 0 2,050 000 0 OB9374 1,832.18 0 DRAINAGE DISTRICT *7 2,050,000 0 2,050 000 0.170802 3,497.34 0 JEFFERSON COUNTY 2,050,000 0 2,050.000 0.385000 7,48250 Do NOT Pay From This Notice Total Estimated Tax: SSS,240.37 The Texas Leglalature does not set the amount of your local taxes, Your property ax burden Is decided by your localty elected oRiclals and all Inquiries concerning your taxes should be directed to those oA9clels. The above tax estimates use last year's tax rates for the taxing units shown. The govem;ng body of each unit (school board, county commissioners, and so forth) decides whether property taxes Increase, The appraisal district onhy de'.ermines your property value. The taxing units will set tau rates later this year Your residence homestead is protected from future appraisal va ue Increases in excess of 10% per year from the date of the last appraisal PLUS the value of any new Improvements. if you are 65 years of age or older and received the 510,000 school tax exemption on your home last year from the school listed above, your school taxes for this year will not be higher than when you first received the exemption on this horse, if you are disabled and received the 510,000 sdtod tax exemption on your home last year from the school listed above, your school taxes !or this year will not be higher than the 2003 taxes or the first year you received the exemption, whichever is later N your county city, or junto, college has approved a limitation on ycur taxes in the preceding year, your county. city, or;unlor college taxes will not be hpher than the first year your county, city, orjunior col fte approved the limitation or line first year you qualified for the limitation. 11 you imprcved your property (by adding rooms or buildings), your school, county, city, or Junior college ceiling may Increase for these improvements. If you area surviving spouse, age 55 or older, you may retain the school, county, city. or junior college tax ceiling. Contact the appraisal office If you disagree with this years proposed value for your property or If you have any proGem with the property description or address information If the problem cannot be resolved, you have the right to appeal to the appraisal review board (ARB). To appeal, You mu_-4_jiia._a_w ittenpmtest with the ARB beforethe deadline date: �:. Location of hearings: 4810 S 4th St Beaumont. TX 77705 ARB will begin heahngar June 3, 2015 Enclosed is a Protest form to send the appraisal district office if you Intend to appear and present evidence before the ARB The ARB will notify, you of the date, time and place of your acf:eduted hearing. Enclosed, also, Is information to help you in preparing your protest You do not need to use the enclosed form to file Your protest You may protest by letter, if it includes your name, your property's description, and your reason for protesting. If you have any questions or meed more information, please contact the appraisal district office at 409-840-9944 or at the address shorn above Sincerely, Angie Bedard a a[� D Chief Appraiser rplol5 This is NOT a Tax Statement 2015 Notice of Appraised Value JEFFERSON COUNTY APPRAISAL DISTRICT PO BOX 21337 BEAUMONT, TX 77720-1337 Phone 409440-0944 Fax 409-840-9732 DATE OF NOTICE April 27, 2015 442,7�QIS Do Not Pay From This Notice Account#: 130567 Ownership %: 100.00 Geo 1D: 300032.000-U02101-00000-4 Legal: P HUNIPHREYS ASS -32 PT TR 11&12 125 344 AC (NON -AG ACCT) FEE 644 & 645 IND USE LAND Legal Acres: 125.344 Situs: Tx Agent 10: 468640 Property ID, 130567 - 300032-000-002101-00000-0 Jefferson County Appraisal District OUCHARME MCMILLEN &ASSOC INC PO Box 21337 Agent for, OILTANKING BEAUMONT PARTNERSH e diw 12710 RESEARCH BLVD STE 305 Beaumont, TX 77720-1337 AUSTIN, TX 787591360 Dear Property Owner, We have appraised the property listed above for the tax year 2015. As of January 1, our appraisal Is outlined below. Appraisal lnfarination Last Year - 2014 Proposed - 2015 Structure & {m rovement Market Value 0 0 Market Value or Non A rTmber Land 940,080 940,080 Market Value of A !Timber Land 0 0 Niarket Value of Personal Pro art /irlinerals 0 0 Total Market Value 940,080 940,000 Productivity Value of AglTimber Land 0 0 A praised Value ' Possible Homestead Umltations, see asterisk below 940.080 940,060 Homestead Cap Value exdudin Non-Homesite Value I e. Ag, Commercial) 0 0 F -rem tions (DV- Disabled Vet: DP -Disabled Person; HS -Homestead, OV55-Over 65) O.Oe9314 2014 Taxable Value Taxing Unit 2015 Proposed Assessed Value 2015 Exemption Amount 2015 Taxable Value 2014 Tax Rate 2015 Estimated Taxes 940,090 JLrnrmou coDtr:r 2015 FreezeYear and Tax Calling" 940,080 FXM AND LATr3UL ROAD 940,000 0 940,060 0.000000 0.00 940,080 ELAlOrm IMemminirr 13CHO 940,080 0 940,080 1.335000 12,362.05 940,000 CIT! Or BEAUMONT 940,080 0 940,060 0.690000 6,476.56 940,080 PORT Or atXUH err 940,080 0 940,070 0.064617 608.02 940,080 aMrn-HLCHLa HAvIGATION 940,080 0 940,080 O.Oe9314 840.19 940,080 CRA aGZ DIBTAICT 17 940,080 0 940,080 0.170602 1,603.BD 940,090 JLrnrmou coDtr:r 940,080 0 940,080 0.365000 3,431,29 Do NOT Pay From This Notice Total Estimated Tax: $25,331.91 The difference batvmvn the 2010 appralsed value and the propmad 2015 appraised value Is 20249.05%. This p4rcentage Information Is raquirad by Tax Code section 26.19(b-1 "The Texas Legislature does not set the amount of your local taxes. Your property tax burden Is decided by your locally elected officials, and all Inquirfes concerning your taxes should be directed to those officials." The above tax estimates use last years lax rates for the taxing units shown. The goveming body of each unit (school board, county commissioners, and so forth) decides whether property taxes increase. The appraisal district only determines your property's value. The taxing units will set tax rates tater this year. 'Your residence homestead Is protected from future appraisal value increases in excess of 10% per year from the dale of the last appraisal PLUS the value of any new improvements. Any property previously omitted from the appraisal will be added as allowed by Section 25 21 of the Texas Property Tax Cade. " If you are age 65 or older and received the $10,040 school tax exemption on your home Iasi year from the school listed above, your school taxes for this year veil not be higher than when you first received the exemption on your home. If you are disabled and received the 510,000 schDol tax exemption on your home last year from the school listed above, your school taxes for this year will nal be higher than the 2003 taxes or the first year you received the exemption, whichever is later. If your county, dly, or Junior college has approved a limitation on your taxes in the preceding year, your county, city, or junior college taxes will not be higher than the First year your county, city, or junior college approved the limitalion or the first year you qualified for the limitation. If you improved your property (try adding rooms or buildings) your school, county, city, or junior college ceiling may increase for these improvements. If you are a surviving spouse age 55 or older of a person that qualified for the age 65 or older exemption , you may retain the school, county, city, or junior college lax ceiling If you wish to appeal, you must file a WRITTEN protest with the ARB by the deadline dale: Deadline for filing a protest: June 1, 2015 Location of Hearings: 4610 S 4th St Beaumont, TX 77705 THIS IS NOT A SILL ARB will begin hearings: June 3, 2015 If you intend to appear and present evidence before the ARE], you may use the enclosed protest form to send to the appraisal office The ARB wilt notify you of the date, time, and place of your scheduled hearing. You do not need to use the form 10 file your protest. You may protest by letter, if it Includes your name, your property's description, and your reason for protesting If you have any questions or need more information, please contact the appraisal district office at 409-040.9944 or at the address shown above Sincerely, Angie Bellard Chief Appraiser EXHIBIT "B" PILOT Payment Schedule Tax Year PILOT Payment Amount Pilot Payment Date 2016 $1,000,000 1/31/2017 2017 $1,000,000 1/31/2018 2018 $139,327 1/31/2019 2019 $139,327 1/31/2020 2020 $139,327 1/31/2021 2021 $139,327 1/31/2022 2022 $139,327 1/31/2023 2023 $139,327 1/31/2024 2024 $139,327 1/31/2025 2025 $139,327 1/31/2026 EXHIBIT C Property 00048224-4 DESCRIPTION OF THE GATSBY REINVESTMENT 'LONE All bearings and coordinates are based on the Texas Coordinate System, South Central Zone, (NAD 27). BEGINNYNG at a 21" iron pipe found for the most Soutlierly corner of the herein described Gatsby Reinvestment Zone and a call 727.93 acre tract being a part of the same tracts as recorded in Volume I765, Page 220, Jefferson County Deed Records (J.C.D.R.); said "POINT OF 13EGfNNTNG" being in the North line of McFaddin Canal No. 1. THENCE, North 58°01'45" West, at 695.32 feet pass a TXDOT concrete ROW monument with aluminum disk found at the intersection of the South ROW line of State Highway FM 3514, said FM Highway 3514 being a perpetual road easement as recorded in File Number 9310194, Film Code 104-73-1433, J.C.O.P.R., at I273.69 feet pass a found TXDOT concrete ROW monument in the North ROW line of said FM 3514, and continuing for a total distance of 2914.31 feet (call North 541119'27" West, 2914.29 feet) to a found 2" iron pipe in concrete (Yount-Lec Oil Co. monument), said monument being the most Easterly confer of a call 2.125 acre tract conveyed to Amoco Pipeline Company as recorded in File Number 98-9801168, Jefferson County Official Public Records (J.C.O.P.R.);` THENCE, along the South line of said 2.125 acre tract, South 59°03'22" West, 415.10 feet (call 62°42'45" West, 414.70 feet) to a 5/8" iron rod found for the most Southerly corner of said 2.125 acre tract, said corner being in the Easterly ROW line of Union Pacific Railroad (formerly T&NO RR), said corner being the Northwest corner of a call 8.203 acre tract as recorded in File Number 98-9821361, J C.O.P.R.; THENCE-, along said Easterly ROW line of Union Pacific Railroad (100' wide), North 30°56'59" West, 267.57 feet (call North 27°14'47" West, 267.21 feet) to a 3/," iron pipe with cap set for the Northwest or most Westerly corner of said 2.125 acre tract, from said'/," iron pipe a found 1" iron pipe bears North 18"58'16" East, 1.62 feet; THENCE, North 59"03'22" East, at 278.71 feet (call 278.14 feet) pass a 2" iron pipe in concrete (Yount -Lee Oil Co. monument) found for a corner of said 727.93 acre tract and said 2.215 acre tract, and continuing for a total distance of 2191.91 feet (call 2191.00 feet) to a point in a found fence comer post in concrete; THENCE-', Notlh 30'49'18" West, at 8.80 feet pass a ''/a" iron rod with Amoco Product=ion cap found for reference, and continuing for a total distance of 3350.00 feet (call North 27°06'49" West, 3350.01 feet) to a point at a 2" iron pipe in concrete found destroyed; THENCE, along the most Northwesterly line of said 727.93 acre tract, North 42°02'16" East, at 10.00 feet pass a '/4" iron pipe with cap set for reference, and continuing for a total distance of 2306.14 feet (call North 45°45'45" East, 2306.11 feet) to a %" iron rod with Amoco Production cap found at the most Northerly corner of said 727.93 acre tract; E=XHIBIT "A" THENCE-, North 42'02'16" Ease, 148.02 feet (call North 45145'45" East,148.00 feet) to a found '/_" iron rod with Amoco Production cap; THFNCE, along the Southwesterly line of a call 103.89 acre TEPPCO tract as recorded in File Number 9006316, film Code 103-07-1160, J.C.O.PA., South 52°27'45" East, 1864.90 feet to a '/" iron pipe whit cap set for the most Southerly earner of said 103.89 acre tract, from said 3/: ' iron pipe a found iron rod with Amoco Production cap hears North 24051154" Bast, 4.99 feet; THENCE, along the Southeasterly line of said 103.89 acre tract and a call 13.12 acre TEPPCO tract as recorded in File Number 9006316, North 37'23'15" East, 268I.07 feet (call 2681.0 feet) to a 3/a" iron pipe with cap set for the most Easterly corner of said 13.I2 acre tract, said corner being in the Southwesterly line of a Lower Neches Valley Authority (LNVA) 120 foot wide canal easement as recorded in Volume 264; Page 489, J.C.D.R.; THENCE, along the Northeasterly line of said 13.12 acre tract, sante being the Southwesterly line of said LNVA easement, North 52°27'30-" West, 1903.70 feet to a'/." iron pipe With cap set for the most Northerly corner of said 13.12 acre tract; THENCE, traveling in a Northerly direction approximately 365 feet to a 3/4" iron pipe with cap set at the in(ersection of the Northerly line of said McFaddin Canal No. 2 with said GSU Northeasterly line, said corner being the Southwest corner of the residue of a call 155.58 acre tract as recorded in Volume 260, Page 233, J.C.D.R.; THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of said 155.58 acre tract, North 53°05'46" East, 1098.05 feet to a set'/," iron pipe with cap; THENCE, along the North line of said McFaddin Canal and the south line of said 155.58 acre tract.. North 61 213'45" East, 400.24 feet to a :4" iron pipe with cap set in the Westerly ROW line of State Highway 69, 96 & 287 (343' wide), from said pipe an iron rod with plastic cap bears North 46°48'00" West, 6.73 feet; THENCE, traveling in an Easterly Northeasterly direction approximately 335 feet to a %" iron pipe witli cap set at the intersection of the Northerly line of said McFaddin Canal No. 2 with said Easterly ROW line, said pipe being in the Soutlt line of the residue of said 155.58 acre tract; THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of said 155.58 acre tract, North 61 °13'45" Last, 333.62 feet to a set MA" iron pipe With cap; THENCE, along the North line of said McFaddin Canal and the South line of said 155.58 acre tract, North 4314238" l=ast, 191.53 feet to a'/." iron pipe with cap set in the Westerly ROMI line of State I3ighway FM 347 (200' wide); THENCE, traveling in a Northeasterly direction approximately 215 feet to a''/s" iron rod found in the Northeast ROW line of State Highway FM 347 (200' wide at this point); THE -NCE, along the Norlheast ROW line of said FM Higliway 347, North 51°42'49" West, at 15.5 feet pass a found concrete ROW monument, and continuing for a total distance of 396.17 firer to a found TXDO'f' concrete monument with brass cap (disturbed); THENCE, continuing along the ROW line of FM Highway 347 (varying width), North 42°14'32" Last, 128.65 feet (call 126.76) to a set'/." iron pipe with cap; TI1L'•NCE, along the ROW line of FM Highway 347, North 63°42'49'' West, 230.38 feet to a set '/4" iron pipe with calx, said point being the beginning of a curve to the right; THENCE, 200.00 feet along said curve to the right in said ROW line, said curve having a radius of 954.93 feet, a delta of 12°00'00", and a chord bearing North 57°42'49" West, 199.63 feet to a point on a found 4" iron pipe fence post; THENCE, along the ROW line of said FM Highway 347, North 51'42'49" West, 101.62 feet to a point on found 4" iron pipe fence post; THENCE, North 43°32'08" East, 1,187.75 feet (call North 47115'27" Last) along the Southeast line of a call 20.03 acre; tract as recorded in File Number 97-9731390, I.C.O.P.R. to a found 2" iron pipe in concrete (Yount -Lee Oil Co. monument) said point being the East corner of said 20.03 acre tract, said point also being in the West Iute of the Kansas City Southern Railroad (100` wide) as recorded in Volume 230, Page 58, J.C.D_R.; THENCE-, along the Southwest line of said Kansas City Southern Railroad, South 47°48'03" Last, 1,002.54 feet (call South 44°05'03" Cast), to a set'/," iron pipe with cap from which a found %" iron rod bears South 50°27'20" West, 1.41 feet), said iron pipe being in the North line of McFaddin Canal No. 2; THENCE, along said North line and a Southeasterly line of a 24,05 acre tract as recorded in File Number 2001014848, J.C.O.P.R., North 74°23'22" East, approximately 10 feet to a'/4" iron pipe with cap found in the Southwesterly ROW line of said Kansas City Southern Railroad; THENCE, North 7710C'I2" East, 121.79 feet to a'/4" iron rod with cap set in the Northeasterly line of said railroad; THENCE, along said Northeasterly ROW line, North 47°48'03" West, 54.29 feet to z 5/8" iron rod (bent) found at the Southwest corner of a call 23.5505 acre tract as recorded in File Number 98814109; THENCE, along the South line of said 23.5505 acre tract, North 830225116" Last, 398.85 feet to a 2" iron pipe found at the Southeast corner of said 23.5505 acre tract, said corner being a corner of a call 461.42 acre tract as recorded in File Number 2001014848, I.C.O.P.R.; THENCE, North 47"48'03" West, 2,715.70 feet (call North 44°07'00" 'West, 2,713.75 feet) along said Fasterly line of said 23.5505 acre tract to a I" Iron pipe found for the most Westerly corner of the herein described tract, said point being the most Southerly corner of a call 203.2524 acre tract as recorded in File Number 98-9814111, said point also being in the East line of said 23.5505 acre tract; THENCEE, North 41056'47" East, 2,730.34 feet (call North 45138' East, 2,730.3 feet), to a found !" iron rod; THENCE, North 87°28'34" East (call South 88°55' Last), at 464.63 feet, pass a found 3-1/2" aluminum pipe, at 876.09 feet pass a found 3-1/2" aluminum pipe, at approximately 2200 feet to a point for corner being the Southwest corner of a call 24.6091 acre tract described as Tract 128, P. Humplueys Survey, Abstract 32 in the Jefferson County Tax Records. THENCE, traveling in a Northerly direction along the West line of said 24.6091 acre tract approximately 1005 i-ect to a point for comer, THENCE, traveling in a_ Westerly direction along the North line of said 24.6091 acre tract approximately 750 feet to a point in the vegetation Iine of the Neches River, THENCE, along with t re meanders of the Neches River the following courses and distances: Southeast approximately 570 feet to a point; Southeast approximately 475 feet to a point; South 14123'24" East, 479.93 feet to a point on the end of an existing bulkhead; South 08°41'51" East, 996.25 feet along an existing bulkhead to a point; South 37°26'52" West, 97.18 feet along an existing bulkhead to a point; South 12°03'OT' East, 90.65 feet along an existing bulkhead to a point; South 24°41'26" Wcst, 54.32 feet to a point on the end of said bulkhead; South 05°00'28" East, 263.95 feet to a point; South 10°22'26" Eas'v, 128.42 feet to a point; South 86°15'02" West, 27.20 feet to a point; South 19°11'28" West, 105.60 feet to a point; South 31 °57'39" Eas'., 60.57 feet to a point; South 75159'58" East, 57.99 feet to a point; North 89°01'22" East, 91,42 feet to a point; South I5°36'54" East, .17.98 feet to a point; South 23°49'09" West, 39.63 feet to a point; South 14°25'57" ''Vc st, 241.83 feet to a point; South 36`47'52" East, 46.54 feet to a point; South 0S°09'24" last, 44.99 feet to a point; South 31053'11" Bast, 354.38 feet across a United States Maritime Commission channel to the end of an existing bulkhead; South 26'37'11 " East, 226.69 feet to a point; South 46°41'09" East, 111.12 feet to a point; South 79°45'19" East, 77.11 feet to a point; South 43102'03" Last, 123,25 feet to a point; THENCE, departing the Neches River, South 03°43'30" East, at 20.24 feet pass a %z" iron pipe set for reference, and continuing for a total distance of 120.24 feet to a set 1/4" iron pipe with cap; THENCE, South 27036'31" West (call South 31020'02" West), along the North line of a Kansas City Southern Railroad strip of land a5 recorded in Volume 230, Page 626, I.C.D.R., at 10.0 feet pass a found 2" iron pipe, and continuing for a total distance of 1,428.00 feet to a point in deep marsh; THENCE, South 38°38'59" West, 269.63 feet, (call South 42°17'54" West, 270 feet) to a set 1/4" iron pipe with cap; THENCE, South 86026"16" West (call North 89'56'13" West), 148.00 feet to a found 2" iron pipe in concrete (Yount-Lec Oil Co. monument); THENCE;, North 89" 14'28" West, 102.67 feet (call Nordi 85"26'13" West, 103 feet) to a found '/z" iron rod; THENCE. North 4658'31" West, 455.46 feet (call North 43°21'07" West, 455 feet) to a set 3/4" iron pipe with cap; THENCE. South 32°20'56" West, at 3.60 feet pass a found ''/z" iron rod in concrete, and continuing for a total distance of 685.34 feet (call South 36°03'02" West, 684.74 feet) to a found %" iron rod; THENCE. continuing South 32`20'26" West, approximately 840 feel, to a point for corner in the Noriheasl ROW line of said State Highway FIA 347; THENCE, traveling in a Southwesterly direction approximately 105 feet to a point for corner being the East corner of a 13.202 acre tract described as Tracts 5-A & 5-C, P. Humphreys Survey, Abstract 32 in the Jefferson County Tax Records. THENCE, traveling in a Southwesterly direction along the Southeast line of said 13.202 acre tract approximately 1000 feet to a point being the inost Southerly comer of said 13.202 acre tract and the East ROW line of State Highway 69, 96 &, 287; THENCE, continuing Southwest along the same line 220 feet to a point in the West ROW line of State Highway 69, 96 & 287, also being the north line of a call 101.86 acre tract of land, being part of a tract conveyed to Amoco Pipeline Company as recorded in File Number 98-9801169, Jefferson County Official Public Records (J.C.0.11.11.); THENCE, along said Southwest ROW line of FM Highway 347, South 51142'49" East, approximately 1260 feet, to a concrete ROW monument ibund for corner from which a found 1/2" iron rod bears South 52"05'33" East, 4.34 feet, said corner being the most Easterly corner of said 101.96 acre tract; THENCE, South 38025'43" West (call South 42°05'58" West), 2129.69 feet to a 3/d" iron pipe with cap set at the intersection of the South line of said 101.86 acre tract with the Easterly ROW line of US Highway 69, 96 and 287 (338 feet wide at this point); THENCE, in an Easterly direction approximately 330 feet to an iron rod in concrete (bent) bears North 89°16'49" East, 0.57 feet, said point being in the Westerly ROW line of US Highway 69, 96 and 287 (338' wide't; THENCE, along said Westerly ROW line, South 27'44'13" East, 286.94 feet to a point from which a found '/z" iron rod bears North 58029'12" East, 0.48 feet, said point being the intersection of said Westerly Highway ROW line with the Suuthwesterly line of said LNVA 120 foot wide can a] easement; THENCE, along the Southwesterly line of said LNVA canal easement, North 52°27'30" West, 184.80 feet to a'h" iron pipe with cap set for the most Northerly corner of a tali 1.64 acre LNVA fee tract as recorded in Volume 1394, Page 410, J.C.D.R.; THENCE, with a Westerly 1bie of said 1.64 acre tract, South 14°57'30" East, 230.60 feet to a 3/," iron pipe with cap set for corner; THENCE, with a Westerly Iine of said 1.64 acre tract- South 29120'38" East, 339.69 feet (call 335.7 feet) to a set 3/4" iron pipe with cap; THENCE, with a Southerly line of said 1.64 acre tract, South 54142'13" East, 261.90 feet to a /," iron pipe with cap set in the Westerly ROW line of US Highway 69, 96 & 287; THENCE, alonIT said Westerly ROW line, South 27°44'13" last, at 656.55 feet Pass a found concrete ROW monument, and continuing for a total distance of 658.15 feet to a 3/4" iron pipe with call set for comer in the Northwesterly line of old McFaddin Canal No. I ; THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of said 727.93 acre tract, South 55°07'11" West (call South 58°50'Wcst), 1320.78 feet to a point from which a found 2" iron pipe: bears North 38055' West, 2.0 feet; THENCE, along; the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of said 729.93 acre tract, South 43°32'50" West, 199.83 feet (call South 4715' West, 200 feet) to a point from which a found 2" iron pipe bears North 52°07' West, 2.0 feet; TIAENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of said 729.93 acre tract., South 32°11'35" West, 835.48 feet (call South 35°55' West, 836 feet) to a point from which a found 2" iron pipe bears North 52028' West, 2.0 feet; THENCE-, along the Northwesterly line of McFaddin Canal No. i and the Southeasterly Iine of said 729.93 acre tract, South 32°16'04" West, at 3973.53 fact pass a 3/4 " iron pipe with cap set at the intersection of the North ROW line of the aforesaid State Highway FM 3514 with the Southeasterly line of said 729.93 acre tract, at 4182.14 pass a '/" iron pipe with cap set in the South ROW line of said FM Highway 3514, and continuing; for a total distance of 5024.51 feet to the "POINT OF BEGENNING" and containing 1559.5 acres more or fess. 1 ■wrwar,yyne.�. Mer EXHIBIT D Gatsby Reinvestment Zone Designated by the City of Beaumont Ordinance No. 14-024 Dated June 10, 2014 00048224 - 4` ORDINANCE NO. 14-024 ENTITLED AN ORDINANCE DESIGNATING AN AREA AS THE GATSBY REINVESTMENT ZONE PURSUANT TO THE TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT (TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX INCENTIVES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in areas of the City; and, WHEREAS. it is found to be feasible and practical and would be a benefit to the land to be included in the zone and to the City of Beaumont after the expiration of any agreement entered into pursuant to the Property Redevelopment and Tax Abatement Act; and, WHEREAS, the zone is for Commercial -Industrial tax abatement; and, WHEREAS, the area being designated is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the City of Beaumont; and, WHEREAS, to further this purpose, it is in the best interest of the City of Beaumont to designate the area described in Exhibit "A" and shown on Exhibit "B" as the Gatsby Reinvestment Zone pursuant to the Texas Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the City Council hereby designates the area described in in Exhibit A and shown on Exhibit T," attached hereto and incorporated herein for all purposes, as the Gatsby Reinvestment Zone (herein referred to as the "Zone"). Section 3. That the City Council finds that the Zone meets the criteria contained in the Texas Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312). Section 4. That the City Council finds that the designation of the reinvestment zone would contribute to retention or expansion of primary employment in the area and/or would contribute to the attraction of major investments that would be a benefit to the property and would contribute to the economic development of the municipality. Section 5. That the City Council may provide certain tax incentives applicable to business enterprises in the Zone, which are not applicable throughout the city, as allowed for in the Act. Section 6. That the City Council has established certain guidelines and criteria governing tax abatement agreements and is therefore eligible to participate in tax abatement. Section 7. That a public hearing to consider this ordinance was held by the City Council on June 10, 2014. Section 8. That this ordinance shall take effect from and after its passage as the law and charter provide. Section 9. That if any section, subsection, sentence, clause, or phrase of this ordinance, orthe 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 10. 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 10th day June, 2014. DESCRIPTION OF THE GATSBY REINVESTMENT 'LONE All bearings and coordinates are based on the Texas Coordinate System, South Ccn+xal Zone, (_-IAD 27). BEGINNING at a -'" iron pipe found for the most Southerly corner of the herein described Gatsby Reinvestment Zone and a call 727.93 acre tract being a part of the same tracts as recorded in Volume 1765, Page 220, Jefferson County Deed Records (J.C.D.R.); said "POINT OF BEGTN-.NTNG" being in the North line of McFaddin Canal No. I . THENCE, North 58°01'45" West, at 695.32 feet pass a TXDOT concrete ROW monument with aluminum disk found at the intersection of the South ROW line of State Highway FM 3514, said FM Highway 3514 being a perpetual road easement as recorded in File Number 9310194, Film Code 104-73-1433, J.C.O.P.R., at 1273.69 feet pass a found TXDOT concrete ROW monument in the North ROW line of said FM 3514, and continuing for a total distance of 2914.3I feet (call North 54019'27" West, 2914.29 feet) to a found 2" iron pipe in concrete (Yount-Lec Oil Co. inonument), said monument being the most Easterly corner of a call 2.125 acre tract conveyed to Amoco Pipeline Company as recorded in File Number 98-9801168, Jefferson County Official Public Records (J.C.0.13.11.); THENCE, along the South line of said 2.125 acre tract, South 59003'22" West, 415.10 feel (call 62°42'45" West, 414.70 feet) to a 5/8" iron rod found for the most Southerly corner of said 2.125 acre tract, said corner being in the Easterly ROW line of Union Pacific Railroad (formerly T&NO RR), said corner being the Northwest corner of a call 8.203 acre tract as recorded in File Number 98-9821361, J.C.O.P.R.; THENCE, along said Easterly ROW line of Union Pacific Railroad (I00' wide), North 30°56'59" West, 267.57 feet (call North 27°14'47" West, 267.21 feet) to a 3/4" iron pipe with cap set for the Northwest or most Westerly corner of said 2.125 acre tract, from said'/," iron pipe a found i" iron pipe bear North 18°58'16" East, 1.62 feet; THENCE, North 59°03'22" East, at 278.71 feet (call 278.14 feet) pass a 2" iron pipe in concrete (Yount -Lee Oil Co. monument) found for a corner of said 727.93 acre tract and said 2.215 acre tract, and continuing for a total distance of 2191.91 feet (call 2191.00 feet) to a point in a found fence corner post in concrete; THENCE, North 30°49' 18" West, at 8.80 feet pass a ''/i" iron rod with Amoco Production cap found for reference, and continuing for a total distance of 3350.00 feet (call North 27°06'49" West, 3350.01 feet) to a point at a 2" iron pipe in concrete found destroyed; THENCE. along the most Northwesterly line of said 727.93 acre tract, North 42002'1611 East, at 10.00 feet pass a '/4" iron pipe with cap set for reference, and continuing for a total distance of 2306.14 feet (call North 45°45'45" East, 2306.11 feet) to a ''/i" iron rod with Amoco Production cap found at the most Northerly corner of said 727.93 acre tract; L;xH1Dl'r "A" THENCE, North 42"02'16" East, 148.02 feet (call North 45°45'45" East, 148.00 feet) to a found '/" iron rod with Amoco Production cap; THENCE, along the Southwesterly line of a call 103.89 acre TEPPCO tract as recorded in File Number 9006316, film Code 103-07-1160, J.C.O.P.R., South 52°27'45" East, 1864.90 feet to a '/4" iron pipe with cap set for the most Southerly corner of said 103.89 acre tract, from said 3/" iron pipe a found iron rod with Amoco Production cap heajs North 24°51'54" East, 4.99 feet; THENCE, along the Southeasterly Iine of said 103.89 acre tract and a call 13.I2 acre TEPPCO tract as recorded in File Number 9006316, North 37023'15"' East, 2681.07 feet (call 2681.0 feet) to a z/4" iron pipe with cap set for the most Easterly comer of said 13.12 acre tract; said corner being in the Southwesterly line of a Lower Neches Valley Authority (LNVA) 120 foot wide canal easement as recorded in Vol-Lune 264; Page 489, J.C.D.R.; THENCE, along the Northeasterly Iine of said 13.12 acre tract, same being the Southwesterly line of said LNVA easement, North 52°27'30' West, 1903.70 feet to a 114" iron pipe with cap set for the most Northerly corner of said 13.12 acre tract; THENCE, traveling in a Northerly direction approximately 365 feet to a 3/4" iron pipe with cap set at the intersection of the Northerly line of said McFaddvi Canal No. 2 with said GSU Northeasterly line, said corner being the Southwest corner of the residue of a call 155.58 acre tract as recorded in Volume 260, Page 233, J.C.D.R.; THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of said 155.58 acre tract, North 53°05'46" fast, 1098.05 feet to a set'/," iron pipe with cap; THENCE, along die '-North line of said McFaddin Canal and the south line of said 155.58 acre tract, North 61113'45" Bast, 400.24 feet to a '/," iron pipe with cap set in the Westerly ROW line of State Highway 69, 96 & 287 (343' wide), from said pipe an iron rod with plastic cap bears North 46°48'00" West, 6.73 feet; THENCE, traveling in an Easterly Northeasterly direction approximately 335 feet to a /," iron pipe wide cap sct at the intersection of the ]Northerly line of said McFaddin Canal No_ 2 wilh said Easterly ROW line, said pipe being in the South line of the residue of said 155.58 acre tract; THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of said 155.58 acre tract, North 61013'45" East, 333.62 feet to a set !." iron pipe with cap; THENCE, along the North line of said McFaddin Canal and the South line of said 155.58 acre tract, North 43°42'38'' Bast, 191.53 feet to a'/," iron pipe with cap set in the Westerly ROW line of Slate Highway FM 347 (200' wide); THENCE, traveling in a Northeasterly direction approximately 215 feet to a I/2" iron rod found in the Northeast ROW line of State Highway FM 347 (200' wide at this point); THE-NCE. along the Northeast ROW line of said FM Highway 347, North 51'42'49" West, at 15.5 feet pass a found concrete ROW monument, and continuing for a total distance of 396.17 feet to a found TXDOT concrete monument with brass cap (disturbed); THENCE, continuing along the ROW line of FM Highway 347 (varying width), North 42014'32" last, 128.65 feet (call 126.76) to a set'l." iron pipe with cap; TI IENCE, along the ROW line of 1=M Highway 347, North 63°42'49' West, 230.38 feet to a set iron pipe with cap, said point being the beginning of a curve to the right; THENCE, 200.00 feet along said curve to the right in said ROW line, said curve having a radius of 954.93 feet, a delta of 12°00'00", and a chord bearing North 57°42'49" West, 199.63 feet to a point on a found 4" iron pipe fence post; THENCE, along the ROW line ofsaid FM Highway 347, North 51°42'49" West, 101.62 feet to a point on found 4" iron pipe fence post; THENCE, North 43°32'08" East, 1,187.75 feet (call North 47=15'27" East) along the Southeast line of a call 20.03 acre tract as recorded in File Number 97-9731390, J.C.O.P.R. to a found 2" iron pipe in concrete (Yount-Lee Oil Co. monument) said point being the East corner of said 20.03 acre tract, said point also being in the West line of the Kansas City Southern Railroad (100` wide) as recorded in Volume 230, Page 58, J.C.D.R.; THENCE, along the Southwest line of said Kansas City Southern Railroad, South 47148'03" East, 1,002.54 feet (call South 44°05'03" East), to a set'/," iron pipe with cap from which a found '/z" iron rod bears South 50°27'20" West, 1.41 feet), said iron pipe being in the North line of McFaddin Canal No. 2; THENCE, along said North line and a Southeasterly line of a 24.05 acre tract as recorded in File Number 2001014848, J.C.O.P.R., North 74°23'22" East, approximately 10 feet to a'/a" iron pipe with cap found in the Southwesterly ROW line of said Kansas City Southern Railroad; THENCE, North 77'OC'l2" East, 121.79 feet to a'/4" iron rod with cap set in the Northeasterly line of said railroad; THENCE, along said Northeasterly ROW line, North 47°48'03" West, 54.29 feet to a 5/8" iron rod (bent) found at the Southwest comer of a call 23.5505 acre tract as recorded in File Number 98814109; THENCE, along the South line of said 23.5505 acre tract, North 83'25'16" Last, 398.85 feet to a 2" iron pipe found at the Southeast corner of said 23.5505 acre tract, said corner being a corner of a call 461.42 acre tract as recorded in File Number 2001014848, J.C.O.P.R.; THENCE, North 47"48'03" West, 2,715.70 feet (call North 44107'00" West, 2,713.75 feet) along said Easterly line of said 23,5505 acre tract to a I" iron pipe found for the most Westerly corner of the herein described tract, said point being the most Southerly corner of a call 203.2524 acre tract as recorded in File Number 98-9814111, said point also being in the East line of said 23.5505 acre tract; THENCE, E, North 41056'47" fast, 2,730.34 feet (call North 45°38' East, 2,730.3 feel), to a found '/-_" iron rod; THENCE-, North 87°28'34" East (call South 88055' East), at 464.63 feet, pass a found 3-1/2" aluminum pipe, at 876.09 feet pass a found 3-1/2" aluminum pipe, at approximately 2200 feet to a point for comer being the Southwest corner of a call 24.6091 acre tract described as Tract 128, P. Humphreys Survey, Abstract 32 in the Jefferson County Tax Records. ')'HENCE, traveling in a Northerly direction along the West line of said 24.6091 acre tract approximately 1005 feet to a point for comer, THENCE, traveling in a. Westerly direction along the Noah line of said 24.6091 acre tract approximately 750 feet to a point in the vegetation line of the Neches River, THENCE, along with tae meanders of the Neches River the following courses and distances: Southeast approximately 570 feet to a point; Southeast approximately 475 feet to a point; South 14123'24" East, 479.93 feet to a point on the end of an existing bulkhead; South 08°41'51" Last, 996.25 feet along an existing bulkhead to a point; South 37°26'52" West, 97.18 feet along all existing bulkhead to a point; South 12°03'07" East, 90.65 feet along an existing bulkhead to a point; South 24°41'26" West, 54.32 feet to a point on the end of said bulkhead; South 05°00'28" East, 263.95 feet to a point; South 10°22'26" East, 128.42 feet to a point; South 86°15'02" West, 27.20 feet to a point; South 19°11'28" West, 105.60 feet to a point; South 31 °57'39" East, 60.57 feet to a point; South 75°59'58" East, 57.99 feet to a point; North 89°01'22" East, 91.42 feet to a point; South 15'3654" East, 37.98 feel to a point; South 23°49'09" West, 39.63 feel to a point; South 14°25'57" West, 241.53 feet to a point; South 36°47'52" Fast, 46.54 feet to a point; South 05°09'24" East, 44.99 feet to a point; South 31°53'11" last, 354.38 feet across a United States Maritime Cornmission channel to the end of an existing bulkhead; South 26'37'11 " East, 226.69 feet to a point; South 46°41'09" East, 111.12 feet to a point; South 79'45'19" East, 77.11 feet to a point; South 43°02'03" Easy., 123.25 feet to a point; THENCE, departing the Neches River, South 03°43'30" East, at 20.24 feet pass a ''/_" iron pipe set for reference, and continuing for a total distance of 120.24 feet to a set 3/o" iron pipe with cap; THENCE. South 27036'31" West (call South 31'20'02" West), along the North line of a Kansas City Southern Railroad strip of land as recorded in Volume 230, Page 626, J.C.D.R., at 10.0 feet pass a found 2" iron pipe, and continuing for a total distance of I,428.00 feet to a point in deep rn ars] i; THENCE, South 38°38'59" West, 269.63 feet, (call South 42°17'541' West, 270 feet) to a set 1W, iron pipe with cap; TI IENCE, South 86°26' I6" West (call North 89056'13" West), I48.00 feet to a found 2" iron pipe in concrete (Yount-Lec Oil Co. monument); THENCE, North 99°14'28" West, 102.67 feet (call North 8526'13" West, 103 feet) to a found '/z" iron rod; THENCE. North 46°58'31" West, 455.46 feet (call North 43°21'07" West, 455 feet) to a set 3/n" iron pipe with cap; THENCE, South 32°20'56'' West; at 3.60 feet pass a found 'lz" iron rod in concrete, and continuing for a total distance of 685.34 feet (call South 36103'02" West, 684.74 feet) to a found `�Z" iron rod; THENCE. continuing South 32"20'26" West, approximately 840 feet. to a point for corner in the Northeast ROW line of said State Highway rM 347; THENCE, traveling in a Southwesterly direction approximately 105 feet to a point. for corner being the East corner of a 13.202 acre tract described as Tracts 5-A & 5-C, P. I-Iumphreys Survey, Abstract 32 in the Jcftcrson County Tax Records. THENCE, traveling in a Southwesterly direction along the Southeast line of said 13.202 acre tract approximately 1000 feet to a point being the most Southerly comer of said 13.202 acre tract and the East ROW line of State Highway 69, 96 & 287; THENCE, continuing Southwest along the same line 220 feet to a point in the West ROW line of State Highway 69, 96 & 287, also being the north line of a call 101.86 acre tract of land, being part of a tract conveyed to Amoco Pipeline Company as recorded in File Number 98-9801168, Jefferson County Official Public Records (J.C.O.P.R.); THENCE", along said Southwest ROW line of FM Highway 347, South 51°42'49" East, approximately 1260 feet, to a concrete ROW monument found for corner from which a found '/1" iron rod bears South 52°05'33" East, 4.34 feet, said corner being the most Easterly corner of said 101.96 acre tract; THENCE, South 38°25'43" West (call South 42°05'58" West), 2129.69 feet to a'/4" iron pipe with cap set at the intersection of the South line of said 101.86 acre tract with the Easterly ROW line of US Highway 69, 96 and 287 (338 feet wide at this point); TIIENCE, in an Easterly direction approximately 330 feet to an iron rod in concrete (bent) bears North 89°16'49" East, 0.57 feet, said point feint; in the Westerly ROW line of US Highway 69, 96 and 287 (338' wide); THENCR, along said Westerly ROW line, South 27'44'13" East, 286.94 feet to a point from which a found ''/s" iron rod bears North 58029'12" East, 0.48 feet, said point being the intersection of said Westerly highway ROW line with the Southwesterly line of said LNVA 120 foot wide canal easement; THENCE, along the Southwesterly line of said LNVA canal easement, North 52°27'30" West, t 84.80 feet to a'/4" iron pipe with cap set for the most Northerly corner of a call 1.64 acre LNVA fee tract as recorded in Volume 1394, Page 410, J.C.D.R.: TIIENCE, with a Westerly line of said 1.64 acre tract, South 14°57'30" East, 230.60 feet to a '/4" iron pipe with cap set for corner; THENCE, with a Westerly line of said 1.64 acre tract, South 29°20'38" East, 339.69 feet (call 335.7 feet) to a set 3/4" iron pipe with cap; THENCE, with a Southerly line of said 1.64 acre tract, South 54'42'13" East, 261.90 feet to a /." iron pipe with cap set in the Westerly ROW line of US Highway 69, 96 & 287; ITIHNTCE, along said Westerly ROW line, South 27°44'13" l=ast, at 656.55 feet pass a found concrete ROW monument, and continuing for a total distance of 658.15 feet to a 3/," iron pip -- with cap set for corner in the Northwesterly line of old McFaddin Canal No. 1; THENCE, along the Northwesterly line of McFaddin Canal No. l and the Southeasterly line of said 727.93 acre tract, South 55107'11" West (call South 58050'Wcst), 1320.78 feet to a point from %vhieh a found 2- iron pipe: bears North 38°55' West. 2.0 feet; THENCE, along the Northwesterly line of McFaddin Canal No. I and the Southeasterly line of said 729.93 acre tract, South 43°:12'50" West, 199.83 feet (call South 4715' West, 200 feet) to a point from which a found 2" iron pipe bears North 52007' West. 2.0 feet; THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of said 729.93 acre tract, South 32°11'35" West, 835.48 feet (call South 35°55' West, 836 feet) to a point from which a found 2" iron pipe bears North 52128' West, 2.0 feet; THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of said 729.93 acre trac'. South 32°16'04" West, at 3973.53 feet pass a 3/4 " iron pipe witli cap set at the intersection o- the North ROW line of the aforesaid State Highway FM 3534 with the Southeasterly line of said 729.93 acre tract, at 4182.14 pass a 14" iron pipe with cap set in the South ROW line of said FM Highway 3514, and continuing for a total distance of 5024.51 feet to the "POINT Or BEGINNING" and containing 1559.5 acres more or less. 4 R. ), - - MW r , 11 , 'n S-1 ig, ise C4, aN M l, IF i 21 F vmw�Nttr- A AM IV A J,4 ;� O. -A. re xvi e v .7. U39RORN'll 6. wAl oy -,T 2N A V 0 00 OPIA All. effe rs `Courcy ,1aI1' 0 rrect i 66a I Facil e t% �k 7 M. EXHIBIT "Bo A;, end - 66R., P -N ''. W- I or I Thus rnV hu been pmduW front ubfiot:.% fOu-MOU very5'. Th haw r, 0 Gay of been made Ja enstwe IMe accuracy 01 hia map. h JU, fir—J. A ew habibly tx dbmaoLi5 dub 10&1;vrS oform Gd!�ft Reonvqs;fM'dfit--:Z6nw . , 4, �, V - 0 RESOLUTION NO.14-125 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the City of Beaumont's Chapter 380 Economic Development Program Polices and Procedures attached hereto as Exhibit "A." 2014. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June, lot s wt..�` "-Mayorky Ames - CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM POLICIES AND PROCEDURES I. General Statement of Purpose and Policy The City of Beaumont is committed to the promotion of high quality development in all parts of the City and to an ongoing improvement in the quality of life for its citizens. The City has previously developed economic development programs and incentives designed to encourage new development in targeted areas. Now the City of Beaumont seeks to enhance its economic development efforts to attract and retain high quality development and jobs by establishing these Chapter 380 Economic Development Program Policies and Procedures. These Policies and Procedures are established in an effort to develop and expand the local economy by promoting and encouraging development and redevelopment projects that enhance the City's economic base, and diversify and expand job opportunities or by promoting and encouraging projects that create additional revenue for the city without substantially increasing the demand on City services or infrastructure. Tlie ultimate goal and public purpose of programs established hereunder is to protect and enhance the City's fiscal ability to provide high quality municipal services for the safety, comfort and enjoyment of Beaumont residents. In furtherance of these objectives, the City of Beaumont will, on a case-by-case basis, give consideration to providing economic incentives to applicants in accordance with these Policies and Procedures as authorized by Chapter 380 of the Texas Local Government Code, as amended from time to time. Nothing in this document is intended to imply or suggest that the City of Beaumont is under any obligation to provide economic incentives to any applicant. All applicants shall be considered on a case-by-case basis. The decision to approve or deny economic incentives shall be at the discretion of the City Council. Each applicant granted economic incentives as a Chapter 380 Economic Development Program (also referred to as Program) under these Policies and Procedures must enter into an agreement with the City of Beaumont containing all terms required by these Policies and Procedures and by .state law to protect the public interest of receiving a public benefit in exchange for public funds, assets and services invested to stimulate economic development. EXHIBIT "A" II. Program Requirements A. To be considered for incentives as a Chapter 380 Economic Development Program under these Policies and Procedures, a project must at least meet the following minimum requirements: 1. The project shall a. be specifically determined by resolution of the Beaumont City Council to bring benefit to the City consistent with the General Statement of Propose and Policy. 2. In addition, the project a. will enhance the City's fiscal ability to provide high quality municipal services for the safety, comfort and enjoyment of Beaumont residents. b. will make a unique or unequaled contribution to development or redevelopment efforts in the City of Beaumont, due to its magnitude, significance to the community or aesthetic quality. B. A project shall not be eligible for incentives under these Policies and Procedures if a building permit has been issued for the project prior to making application in accordance with these Policies and Procedures. M. Additional Considerations Additional factors to be considered by the City Council in determining whether to authorize an Agreement for incentives as a Chapter 380 Economic Development Program (Program) are: A. The number and types of jobs to be created or retained; B. The financial capacity of the applicant to undertake and complete the proposed project; C. The market conditions and growth potential for the business activity, and D. Any other factors the City Council finds helpful and relevant to accomplishing the City's economic development objectives. F4 IV. Application Process A. An application for consideration as a Program shall be made on forms supplied by the City. An applicant may be required to provide additional information to show compliance with minimum Program requirements. If City staff determines minimum Program requirements have been met, City staff shall prepare and present a proposed Agreement with the application to the City Council. B. The City Council may consider the proposed Agreement and may take action on the proposal as it deems appropriate. Nothing in these Policies and Procedures and nothing in the application form and process shall create any property, contract, or other legal right in any person to have the City Council consider or grant incentives. V. Agreement Terms An Agreement established for a Program must include: A. A timetable and list of the kind of improvements or development that the Program will include, and conditions to assure that the Program meets or exceeds the City's requirements. B. A complete description of the location of the proposed Program or projects included in the Program; C. A timetable and list of the kind of benefits that the proposed Progimn will provide; D. A provision establishing the duration the Agreement; E. A provision providing a tangible means for measuring whether the applicant and other responsible parties have met their obligations under the Agreement; F. A provision providing for access to and authorizing inspection of the property and applicant's pertinent business records by municipal employees in order to determine compliance with the Agreement; G. A provision for cancellation of the Agreement and/or nonpayment of incentives if the Program is determined to not be in compliance with the Agreement; H. A provision for recapturing City funds granted or loaned, or for recapturing the value of other public assets granted or Ioaned,, if the applicant does not meet its duties and obligations under the terms of the Agreement; I. A provision that allows assignment of the Agreement with prior written approval of the City Council, or without the prior written approval of the City Council provided that: 1. all rights, duties, obligations and liabilities under the Agreement are assigned from the assignor to the assignee; and 2. the assignment is made subject and subordinate to the Agreement and the Chapter 380 Economic Development Program Policies and Procedures; and 3. the assignment document is in a form and contains content acceptable to the City Attorney's Office; I Provisions relating to administration, delinquent taxes, reporting requirements and indemnification; K. A provision that the Agreement may be amended by the parties to the Agreement by using the same procedure for approval as is required for entering into the Agreement; and L. Such other provisions as the City Council shall deem appropriate. 4 RESOLUTION NO. WHEREAS, the City of Beaumont has been approached by Enterprise Beaumont Marine West, L.P. (formerly Oil Tanking) with a proposal for the construction of a facility to store and transport 4.1 million barrels of crude oil; and, WHEREAS, this project is intended to bolster local economic development by stimulating business and commercial activity within the city; and, WHEREAS, the developers have approached the City seeking economic development incentives in the form of ad valorem tax abatements and have filed an application with the City for Chapter 380 economic development incentives; and, WHEREAS, the application has been reviewed and it has been determined that the proposed project does satisfy the purpose and goals of the program in that it will enhance the City's economic base and diversify and expand job opportunities; and, WHEREAS, in order to maintain sufficient controls to ensure that the public purpose is carried out, it is necessary to enter into an economic development agreement with the developer establishing the expectations and terms of the transaction; and, WHEREAS, the City Council is of the opinion that approval of an application for Chapter 380 economic development incentives and entering into an economic development agreement with Enterprise Beaumont Marine West, L.P. for the construction of a facility to store and transport 4.1 million barrels of crude oil are in the best interest of the City of Beaumont and its citizens; 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 approval of an application for Chapter 380 economic development incentives for Enterprise Beaumont Marine West, L.P. for the construction of a facility to store and transport 4.1 million barrels of crude oil is hereby approved; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute an economic development agreement with Enterprise Beaumont Marine West, L.P. granting a 100% ad valorem tax abate for a period of ten (10) years for the construction of a facility to store and transport 4.1 million barrel of crude oil. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of December, 2015. - Mayor Becky Ames -