HomeMy WebLinkAboutPACKET AUG 14 2018BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS August 14, 2018 1:30 PM
CONSENT AGENDA
Approval of minutes — August 7, 2018
* Confirmation of board and commission member appointments
A. Authorize the City Manager to apply for and, if awarded, accept funding through
PetSmart Charities
B. Authorize the City Manager to sign a Memorandum of Understanding with the Area
Agency on Aging related to the 2-1-1 Area Information Center
C. Authorize the City Manager to execute an inter -local agreement with Jefferson County to
perform the functions necessary to summon and empanel jurors for Municipal Court
D. Authorize the City Manager to execute a lease agreement with the Beaumont Art League
E. Authorize the City Manager to execute Change Order No. 2, accept maintenance, and
authorize final payment for the Calder Avenue Asphalt Resurfacing (Arlington Avenue to
Phelan Boulevard) Project
F. Authorize the City Manager or his designee to execute a Memorandum of Agreement
between the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beaumont
Police Department
G. Authorize the City Manager or his designee to execute a Memorandum of Understanding
between the Federal Bureau of Investigation and the Beaumont Police Department
concerning the access and use of the BPD Firearms Training Facility
H. Authorize the City Manager to award a contract to Racehorse Foundation Co, Inc. of
Lumberton, Texas for the construction of the Concrete Slabs for City of Beaumont Bus
Shelters at Various Locations -Phase Two Project
I. Authorize the acceptance of a twenty foot wide Exclusive Water and Sewer Line
Easement located at 3255 North Major Drive
J. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at
3855 West Pointe, 3865 West Pointe, 3875 West Pointe and 3885 West Pointe
K. Approve a resolution supporting Councilmember W.L. Pate's candidacy for President -
Elect of TML
U
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply
for and, if awarded, accept funding through PetSmart Charities.
BACKGROUND
PetSmart Charities is offering grant funding to support programs that prevent unplanned litters
through subsidized spay/neuter services.
Beaumont Animal Care is applying for $37,500 to expand its free spay/neuter voucher program.
The sample grant application is attached for your review.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
• Project Title
* Requested Grant Amount (?) This number should match the total reflected in your uploaded budget below.
* Organization's revenue as reported For municipalities, please provide your annual animal welfare operating budget. For
on current year 990: Canadian organizations, please use CRA form T-3010.
i
Identify the primary organizational
type for this request -- — - -- - — —_ -_
Annual animal intake: Clinics may provide the number of animals served annually.
If animal intake is 0, please explain:
(2000 character maximum)
Municipality (City. Goun4,, Trlbat. First Nalim, Wis. or Inuh
PdVate nonprord sheller,
Prlti ate nonprofit sheher vdt11 munldp,al contracts]
Fosler-basad onn,
Clinic
Univegsihr
TNR only
Duman social service. agency
Human population in your service Please enter the total human population living in the geographic area served by your
area: organization. Population data by state; county, city, town or zip code from the 2010 Census
can be found here:
hftps:ilfactfiinder.census.govlfaces/nav4sf/pages/communityfacts-xhtml
'Total spay/neuter surgeries
performed by your organization
within the last 12 months:
If 0 spayineuter surgeries were i� V
performed by your organization in
the last 12 months, please explain:
(2000 character maximum)
* Select the primary project type for i
this request
" Proposed number of surgeries to - TNR I Community Cat
be funded by this request: -_ _ _ _ - - - — Subsidized Spay/Neuter (for owned pets only)
Surgeries will be provided by: Check all that apply Municipal shelter pets spay/neuter
❑ Internal resources (organization will conduct surgeries in-house or in owned
mobile unit)
❑ External resources (clinics, private veterinarians, or other outside providers used
for surgeries)
Select the spaylneuter method(s) U Mobile spay/neuter
your organization will use for this O MASH - style temporary clinic
request: (check all that apply): lJ Nehvork of private veterinarians
Surgery suite in shelter
IJ Spay/neuter clinic
IJ Vouchers
' Summarize how you are facilitating j
the project. Describe the mechanics i
of how your project will work, as well
as the need, populations to be I
served, and any geographic areas of -- -- -- --
focus. (2000 character maximum)
x How do you define the geographic I City
area that may be targeted by this -- - — - -
project?
City
County
Zip CadelPosUd Cada
- this protect doesn't target a gewaphk area
Cities in the geographic area that will Please enter a city in the geographic area to be targeted and then select Add to List. Repeat -
be targeted by this project for each city in the geographic area to be targeted. To remove a city, highlight it and then
select Remove from List.
[AdtoList
" Will a specific human population be ; Yes
targeted by this project? — -
Specific human populatiOn(s) that Please enter a specific population to be targeted and then select Add to List. Repeat for
will be targeted by this project each specific population to be targeted. To remove a specific population, highlight it and then
select Remove from List.
�---------- - ---- - - Add to List
L-- --- --- --- - - -..
I
Remove from List
* Have other sources of funding been T
requested for this project?
Describe the plan to communicate
the availability of spaylneuter
surgeries to your community.
' Explain the staffing plan for this
project, such as paid personnel,
volunteers, or other.
(2000 character maximum)
(1000 character maximum)
List any partners or collaborators .
involved in the project and their role.
_ X
(2000 character maximum)
' Describe your plans for sustaining
the project long teen.
(2000 character maximum)
Budget Download Form Budget Sheen Click Here
Once opened, you must SAVE the file to your computer before filling out budget information.
BUDGET FORM: Applicants must use the budget template provided above.
Budget Upload Upload File .
Disclaimer By checking this box, I verify that (1) 1 am authorized to submit this application and make all
representations provided in and with this application: (2) to the best of my knowledge, the
information contained in this application is true and correct. On behaff of Applicant and its
officers, directors, employees and volunteers, I grant permission to PetSmart Charities, Inc.
its staff and any other designated representatives to make inquiries with, and request
documentation from, third parties about Applicant and the contents of this application to
assist in the evaluation of this application.
Signature
Save and Proceed
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
through PetSmart Charities for a Grant in the amount of $37,500.00 for the purpose of
Beaumont Animal Care expanding its free spay/neuter voucher program; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents necessary to accept funding through PetSmart
Charities in the amount of $37,500.00.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
Eq
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to sign
a Memorandum of Understanding with the Area Agency on Aging
related to the 2-1-1 Area Information Center.
BACKGROUND
The Area Agency on Aging, which is a division of the Southeast Texas Regional Planning
Commission (SETRPC), operates the 2-1-1 Area Information Center. 2-1-1 is a confidential and
free helpline that provides referral and information services to individuals seeking information
on social services, health and human services, and financial services. The MOU provides that
any calls Beaumont 3-1-1 receives that can be handled by 2-1-1 will be directed to 2-1-1, and
any calls that 2-1-1 receives that can be handled by 3-1-1 will be sent to Beaumont 3-1-1.
This MOU is reviewed on an annual basis.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
21 1
® T N X A S
Connecting People and Services
August 01, 2018
Dear 2-1-1 Partner:
Attached are two copies of an updated agreement with the 2-1-1 Area Information
Center of Southeast Texas to provide mutual support when needed. There are no
changes from last year's agreement. Please have both agreements signed by the
proper personnel, keep one copy for your records and return the other copy by
September 17 to:
Loan Nguyen, Operations Manager
SETRPC 2-1-1 AIC of Southeast Texas
2210 Eastex Freeway
Beaumont, TX 77703
Thank you in advance for your continued support, and if you have any questions
regarding the agreement, please do not hesitate to contact me at 409-924-3381, ext.
6203.
Sincerely,
Loan Nguyen, Operations Manager
2-1-1 AIC of Southeast Texas
2-1-1 Texas is a program of the Health and Human Services Commission in collaboration with the
Southeast Texas Regional Planning Commission
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont and the Area Agency on Aging relating to
the 211 Area Information Center and Beaumont 311. The Memorandum of
Understanding is substantially in the form attached hereto as Exhibit "A" and made a
part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
Memorandum of Understanding
between
Area Agency on Aging of Southeast Texas
2-1-1 Area Information Center of Southeast Texas
and
City of Beaumont 3-1-1 Helpline
This Memorandum of Understanding is between the Area Agency on Aging of Southeast Texas,
2-1-1 Area Information Center of Southeast Texas, and the City of Beaumont 3-1-1 Helpline.
The purpose of this understanding is to ensure a cooperative working agreement and exchange
of information between 2-1-1 Area Information Center of Southeast Texas and City of Beaumont
3-1-1 Helpline. This understanding provides that both agencies will cooperate and mutually
support each other to the extent necessary to ensure that all Southeast Texas citizens have
access to Information.and Referral (I&R) resources and non -emergency services and
information.
AAASET 2-1-1 Area Information Center of Southeast Texas agrees to:
• Maintain an accurate, organized system of regional health and human service resources
In a centralized database for Hardin, Jefferson, and Orange counties.
• Maintain a centralized, well -staffed 2-1-1 Texas Area Information Center, which operates
during normal business hours, 8:00 a.m. -- 5:00 p.m., Monday through Friday. Twenty-
four hour coverage is provided by routing after -hour, weekend, and holiday calls to the
United Way of Greater Houston 2-1-1 Area Information Center.
• Follow pre -established protocols to direct any non -emergency City of Beaumont related
calls to Beaumont 3-1-1 as quickly as possible. If the individual is able to hang up and
dial 3-1-1, they will be directed to do so. However, if they are unable to hang up and dial
3-1-1 themselves they will be transferred to 409-980-8311. Otherwise, protocols and
procedures developed collaboratively by 3-1-1 and 2-1-1 will be followed.
• Provide 3-1-1 with after-hours contact information for 2-1-1 Area Information Center of
Southeast Texas management staff and United Way of Greater Houston 2-1-1 Area
Information Center management staff.
• Provide United Way of Greater Houston 2-1-1 Area Information Center with contact
information for City of Beaumont 3-1-1 Helpline.
• Provide access to local resources via an online database at www.211.setrpc.org.
• As requested by Beaumont 3-1-1 staff, provide in-service training to 3-1-1 staff regarding
2-1-1 Area Information Center of Southeast Texas and the delivery of non -emergency
information.
• Provide increased accessibility to 2-1-1 Area Information Center of Southeast Texas by
providing Language Line Service availability.
City of Beaumont 3-1-1 agrees to:
• Work closely and collaboratively with 2-1-1 Area Information Center of Southeast Texas
to ensure that relevant social and human service calls and information requests are
directed to 2-1-1 Area Information Center of Southeast Texas.
EXHIBIT "A"
On an as -needed basis, provide appropriate in-service training to 2-1-1 Area Information
Center of Southeast Texas staff regarding the services, operational strategies and call
transfer procedures of 3-1-1.
Notify 2-1-1 Area Information Center of Southeast Texas immediately of any problems
that may arise or become known to 3-1-1 regarding confusion in 3-1-1 and 2-1-1 calls, or
issues concerning call transfer procedures, service delivery, printed or electronic
resource materials, or other areas that might hinder a positive working relationship
between the parties.
This agreement is made in the spirit of cooperation between the Area Agency on Aging of
Southeast Texas, 2-1-1 Area Information center of Southeast Texas, and City of Beaumont 3-1-
1, with the goal of having calls properly directed calls .to Beaumont 3-1-1 and 2-1-1 Texas.
Compensation:
• - No compensation shall be paid to either party for providing services under this MOU.
Term:
• This agreement shall be effective for a period not to exceed one (1) year from the date of
execution.
For AAASET 2-1-1 AIC of Southeast Texas: For City of Beaumont
Colleen Halliburton, Director Date
Area Agency on Aging of Southeast Texas
2-1-1 AIC of Southeast Texas
Kyle Hayes, City Manager Date
City of Beaumont
C
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer I
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an inter -local agreement with Jefferson County to perform
the functions necessary to summon and empanel jurors for
Municipal Court.
BACKGROUND
Municipal Court is using jury software that is no longer supported by the vendor, thus will soon
become obsolete. The cost to purchase new jury software would be approximately $6,200. As an
alternative to purchasing new jury software, Jefferson County has approached the City about
sharing the cost of their I -Jury system. I -Jury is an internet based system which sends out notices
along with the six required forms by mail, phone, email and/or text. The system allows a
potential juror to choose a specific date to serve if they are unavailable for the specified date
noted in the summons. The juror can respond to the notice and all the required forms by internet,
text, mail or email. Jurors would be alerted about their case via text, phone or email should the
case be resolved prior to trial.
Administration recommends the inter -local agreement due to the many benefits that the I -Jury
system would offer. It is estimated that the City would pay the County approximately $3,500-
$4,100 per year for the use of the system. That cost is less than the purchase of new jury software
from the City's current software vendor. Also, utilizing I -Jury would save the City about eight
manual hours per week for an employee to mail out about 175 summonses with the required
forms every week. The system would eliminate the cost of paper for the six forms, envelopes,
printer toner and postage costs.
The inter -local agreement is attached for review.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Interlocal
Agreement with the Jefferson County to perform the functions necessary to summon
and empanel jurors for Municipal Court. Said Interlocal Agreement is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution,was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
I•*11
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
t 9
INTERLOCAL COOPERATION AGREEMENT
BETWEEN JEFFERSON COUNTY AND CITY OF BEAUMONT FOR
CONSOLIDATED JURY MANAGEMENT
This Interlocal Cooperation Agreement is made by the following parties:
Jefferson County, apolitical subdivision of the State of Texas ('County") and
City of Beaumont, a home rule city, a municipal corporation, and political subdivision of the
State of Texas ("City").
RECITALS
City maintains and operates a municipal court.
County and City desire to consolidate jury management.
County and City want to minimize duplicative efforts where possible.
Both County and City want to enter into an Interlocal Cooperation Agreement pursuant to
V.T.C.A., Government Code, Ch. 791.
AGREEMENT
NOW, THEREFORE, in consideration of the above premises, County and City mutually agree
to the following terms and conditions:
1.0 Definitions.
In this Agreement,
1.01 "City Council" means. the City Council of the City of Beaumont:
1.02 "Commissioners' Court" means the Jefferson County Commissioners' Court.
2.0 Term
2.01 Initial Term. This Agreement shall be for a term of twelve (12) months commencing on
October 1, 2018 and ending on September 30, 2019.
2:01 Renewal Term. This Agreement shall automatically renew on October 1, 2019, .for a
term of one year, and shall automatically renew for terms of one year thereafter, unless sooner
terminated in compliance with this agreement.
1
EXHIBIT "A"
3.0 County Responsibilities. County will:
3.01 Perform all functions necessary to summon and.empanel jurors for Municipal Court and
will provide jury panels, including completed juror questionnaires, for Municipal Court in
accordance with its trial schedule.
3.02 Provide- information to individuals who have questions about their jury duty and about
jury service in general.
3.03 Provide and invoice to Municipal Court, on a monthly basis, to reimburse the. County for
the cost.of services described above. The cost of services:.per empaneling date is calculated at
nineteen cents ($.19) per juror summon mailed plus actual cost of postage: For the renewal
term, the District Clerk and the Municipal Clerk will meet before each renewal term to evaluate
the need to amend the agreement. The cost shariiig calculation will be based on the number of
juror summons mailed for each empaneling. date (for every juror needed six (6) summons will
be mailed based on the current response. ratio) in order to provide the required number of jurors
plus the actual cost of postage to mail the juror summons.
4.0 City Responsibilities. City will:
4.01 Provide clerical support during the empaneling sessions.
4.02. Provide information to individuals *ho . have questions about their jury service in
Municipal Court specifically.
4.03 Maintainjury service history for all jurors serving in Municipal Court.
4.04 Pay County within thirty. (30) days of receipt of invoice for the cost of Empaneling
Seivices including actual cost ofpostage. described in Section 3.04.
05. Provide the County with a schedule of normal jury trial dates for. Municipal Court and
any special jury panels with at least three (3) weeks' notice. Provide the County with at least
three (3) weeks' notice for cancellation of any scheduled jury trial dates for Municipal. Court.
------_-4706-. — -4:06-. - _Prepare. and -mail juror payment. checks for j.ur-ors.-service-in Municipal -Court -in -amounts-. — —
directed by Municipal Court.
5.0 Compliance with Law.
5.01 City and_ County shall comply with .all laws, rules and regulations. applicable to
performance of the Agreement.
6.0 Amendments.
6.01 Formal Process. Any change to the provisions of this Agreement or any attachments to
.it shall be made in writing and signed by both parties. It is acknowledged by City that no
officer, agency, employee or representative of County has any authority to change the
2
7.0
8.0
M
provisions of this Agreement or any attachments. to it, unless expressly granted that authority
by the Commissioners' Court. It is acknowledged by County that no officer, agency, employee
or- representative of City has any authority to -change the provisions of the Agreement or any.
attachments to it, unless expressly granted that authority by the City Council.
6.02 City Request. City shall submit all requests for changes to this. Agreement or any
attachment to it to the Jefferson County District Clerk's Office, who shall present City's
requests to the Commissioners' Court for consideration.
6.03. County Request. County shall submit all requests -for changes to the Agreement or any
attachment to it to the Clerk of the Municipal Court who shall present County's requests to City
Council for consideration.
Non -Waiver and Reservation of Remedies.
7.01 Non -Waiver. Any act of forbearance by either party to.enforce any provision of this
Agreement shall not be construed as a fnodification of this Agreement or as a waiver of any
breach or default of the other parry which then exists or may subsequently exist. The failure of
either party to exercise any right or privilege granted WAIlis Agreement shall not be -construed
as a waiver of that right or privilege.
7.02 Reservation of Rights and Remedies. All rights of both parties under this Agreement
are specifically reserved. Any payment, act or omission by a party shall not impair or prejudice
any remedy or right of that party under this Agreement. Any: right or remedy stated in this
Agreement shall not preclude the exercise of any otherxight or remedy under this Agreement,
the law or at equity, nor shall any action taken in the exercise of any right or remedy be deemed.
waiver of any other rights or remedies.
Termination.
8.01 Either party may terminate this Agreement at anytime and for any reason by giving the
other party written notice of its decision to terminate at least forty-five (45) days prior to the
effective date of termination:
Law and Venue.
9.01 This Agreement is .governed by the laws of the State of Texas and all obligations under
this Agreement are perfoiinable in Jefferson County, Texas.
10.0 Independent Entity and Acknowledgement of Responsibilities.
10.01 Independent Entity. The parties expressly acknowledge and agree that City and County
are independent entities and each assumes all .the rights, obligations, and liabilities applicable to
it as an independent entity. No employee of the City shall be considered an employee, agent, or
representative of the County or gain any rights against the County pursuant to the County's
personnel policies. No employee of the County shall be considered an employee, agent, or
representative of the City or gain any rights against the City pursuant to the City's personnel
policies.
10.02 Responsibilities. City shall not be liable for any claims, damages or attorney fees
arising from any negligence or wrongful acts of the County employees in relation to this
Agreement. County shall not be liable for any claims, damages or attorney's fees arising from
any negligence or unlawful acts of the City or its employees in relation to this Agreement.
11.0 Immunity or Defense.
11.01 It is expressly understood and agreed that, in the :execution of this Agreement, neither
the City nor. the County waives, or shall be deemed to. have waived, any immunity or defense
that would be otherwise be available to it against . claims arising in the exercise of its
governmental powers and functions
12.0 Notices.
12.01 Method of Notice. Any notice required or permitted to be given under this Agreement
by one pally to the other shall be in writing and shall be given and deeriied to have been given
immediately if delivered in person to the address set: forth in 12.02 or 12.03 for the party to
whom the notice is given, or on the third day following mailing if placed in the United States
mail, postage prepaid, by registexed or certified mail with return receipt requested, addressed to
the party at the address specified in 12.02 or 12.03..
12.02 Address of Co!Vy- : The address of County for all. purposes under this contract shall be:
Judge Jeff Branick (or his successor in office)
Jefferson. County Judge.
1149 Pearl Street 4th Floor
Beaumont, Texas 77701
12.03 � Address of City. 'The address of the City for all purposes under this Agreement and for
all notices, hereunder shall be':
Kyle Hayes (or his successor in office)
City. Manager, City of Beaumont
801*Ivlain, Suite 300
Beaumont,- Texas 77701
12.04 Change of Address: Each party may change the address for notice to it by giving notice
of the change in accordance with the provisions of 12.01.
13.0 Entire Agreement.
13.01 Agreement All Inclusive. All oral and written agreements between the parties relating
to the subject matter of this Agreement that were made prior to the execution of the Agreement
have been reduced to writing and are contained in this Agreement.
0
14.0 Severabilitv.
14.01 If any portion of the Agreement is ruled invalid by a court of competent jurisdiction, the
remainder of the Agreement shall be construed as if that portion were not included in the
Agreement and shall remain valid and.binding.
15.0 Assignability.
15.01 Neither party may assign any of the rights` or duties: created by this Agreement without
the prior written approval of the other party.. It is acknowledged by City and County that no
officer, agency, employee or representative of City or County has any authority to grant such
assignment unless expressly granted that authority by the City Council and Commissioners'
Court, respectively. :
16.0 Interpretational Guidelines.
16.01 Computation of Time. When any..pexiod of time is stated in this Agreement, the time
shall be computed to exclude the first day and include the'last.day of the period. If the last day
of any period falls .on a Saturday, Sunday or a day that either. County or City has declared a
holiday for its employees; these days shall be omitted from the computation.
16.02 Number and Gender.. Words of any gender in this Agreement shall be construed to
include any..uther gender and words in either' -number shall be construed to include the other
unless coritext.in:the Agreement clearly requires otherwise.
16.03.. Headings. Tho heading"at at the beginning of the .various provisions of this Agreement
have been included only:to make it easier to locate the subject matter covered by that section or
subsection. and are not to be used in construing this Agreement.
17.0 Legal Authoriiy
17.01 City Signors. The. person or persons signing this Agreement on behalf of City, or
representing themselves as signing this Agreement on behalf of City, do hereby warrant and
guarantee that the City Council for the City of Beaumont has approved this agreement and
authorized the City's representative to sign this Agreement on behalf of the City and to bind
City validly and legally to all terms, performances, and provisions in this -Agreement.
17.02 Count�Signors. The person or persons signing this Agreement on behalf of County, or
representing themselves as signing this Agreement on behalf. of County; do hereby warrant and
guarantee that the Commissioners' Court for Jefferson County has approved this Agreement
and authorized the County's representative to bind County validly ' and legally to all terms,
performances, and provisions in this Agreement. - -
18.0 Effective Date. This Agreement is effective on October 1, 2018 as stated above in Section 2.0,
when executed by both parties.
EXECUTED in duplicate originals this is the
2018.
EXECUTED in duplicate originals this the
2018.
11
day of
CITY OF BEAUMONT
By:
Kyle -Bayes
City Manager
Attest:
City Clerk
APPROVED AS TO FORM:
City Attorney
day of
JEFFERSON COUNTY
Jeff Branick
Jefferson County Judge.
Jefferson County, Texas
FE
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE:: August 14, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a lease agreement with the Beaumont Art League.
BACKGROUND
The Beaumont Art League is located at 2675 Gulf Street and has a mission of supporting the
visual arts and arts education in Southeast Texas.
The City owns the land and building and has leased the property to the Art League since 1977.
The City's current lease with the Art League expires on August 31, 2018 and the proposed
agreement would extend the lease by one year.
A copy of the proposed agreement is attached for your review.
FUNDING SOURCE
The City will receive $1.00 upon execution of the lease.
RECOMMENDATION
Approval of resolution.
N
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Lease Agreement
between the City of Beaumont and the Beaumont Art League for the lease of property
located at 2675 Gulf Street for a one (1) year term commencing on September 1, 2018
and ending on August 31, 2019. The Lease Agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
LEASE AGREEMENT
THIS LEASE CONTRACT, dated September 1, 2018, by and between the City of
Beaumont, a municipal corporation of Jefferson County, Texas, acting herein by and through its
duly authorized City Manager, hereinafter referred to as LESSOR, and the Beaumont Art League,
a corporation of Jefferson County, Texas, acting herein by and through its legally constituted
officers, hereinafter referred to as LESSEE;
WITNESSETH:
For and in consideration of the sum of One Dollar ($1.00) cash and the performance by
LESSEE of the covenants and conditions hereinafter recited, LESSOR does by these presents
lease, let and demise unto LESSEE the following described property and improvements
thereon, located within the City of Beaumont, Jefferson County, Texas, and being part of Fair
Park, and more particularly described as follows:
Being a tract of land out of the South Texas State Fair Grounds property in the James
Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more
particularly described as follows:
Beginning at a point lying sixty-seven and sixty-five hundredths feet (67.65') west of
the west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet
(361.35') north of the north line of Plum Avenue as both are now established in the
City of Beaumont, said point being marked by a one-half inch (1/2") iron rod;
Thence west two hundred two feet (202') to corner marked by a one-half inch (W) iron
rod, said point being at the south edge of an existing concrete walk and being thirty feet
(30') east of the easterly line projected of what is now known as the Agricultural Building;
Uacra 1 of 6
EXHIBIT "A"
Thence south 00 degrees 03 minutes west along a line parallel with and thirty feet (30')
east of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths
feet (96.65') to corner marked by a one-half inch (W) iron rod, said point being in line
with the southerly line of said Agricultural Building projected eastward;
Thence south 89 degrees 54 minutes east along the southerly line of said Agricultural
Building projected eastward two hundred two feet (202') to corner marked by a one-
half inch (A") iron rod;
Thence north 00 degrees 03 minutes east ninety-seven feet (97) to the place of beginning;
The above described tract, herein referred to as Leased Premises, contains 0.449 acres
and improvements, more or less;
The lease shall be for a term of one (1) year, beginning September 1, 2018 and ending on
August 31, 2019, unless terminated as provided for herein. .
FA
The Leased Premises hereunder shall be used by the LESSEE for the purpose of advancing
the arts and for such other further purposes as the LESSEE desires in the furthering of fine arts.
3
LESSOR reserves the right to park motor vehicles on the Leased Premises in connection with
its use of the premises for purposes of advancing the arts.
M
LESSOR, its employees and agents, shall have the right at all times to go on or about
the said premises for the purpose of inspecting same, or for any other legitimate purpose.
Page 2 of 6
5.
LESSEE shall not make alterations, additions or improvements to the Leased Premises
or buildings thereon without the prior written approval of the City Manager of LESSOR or his
DESIGNEE, and all such alterations, improvements and additions made by LESSEE upon the
Leased Premises shall remain upon the Leased Premises at the expiration of this lease and
become the property of LESSOR.
N
LESSEE shall be responsible for any and all maintenance, repairs, and improvements,
either major or minor, that are necessary to the Leased Premises and LESSEE agrees to keep the
Leased Premises in a good state of repair throughout the term of this lease or any extension
thereof. LESSOR agrees to pay all utility charges during the term of this lease and any extensions.
On the expiration of this lease, -LESSEE shall deliver the premises described herein and all
improvements thereon to LESSOR in good condition.
LESSOR may, at its own cost and expense, make improvements or repairs to the Leased
Premises, subject to the appropriation of City funds, although LESSOR is under no obligation to
do so. The LESSOR shall consult with LESSEE prior to making said improvements.
0
LESSEE shall not sublease or rent any portion of the Leased Premises without the prior
written consent of the LESSOR.
LESSEE agrees to indemnify and save the LESSOR free and harmless from all
claims or liability for damages to any person or persons for injuries to person or personal
Page 3 of 6
injuries resulting in the death of any person, or loss or damage to property occasioned by or
in connection with the use of the premises hereby rented caused by any source whatsoever,
expressly including claims arising from the alleged negligence of LESSOR LESSEE hereby
assumes full responsibility for the character acts and conduct of all persons admitted to
said premises, or to any portion of said building by the consent of said LESSEE, by or
with the consent of the said LESSEE.
a
LESSEE agrees to obtain and maintain in full force and effect for the duration of this
Agreement, and any extension thereof, Commercial General Liability Insurance on the Leased
Premises in the following types and amounts:
8.1
Premises Operations
8.2
Independent Contractors
8.3
Personal Injury
8.4
Advertising Injury
8.5
Medical Payments
8.6
Fire Legal Liability
8.7
Contractual Liability
Combined single limit for bodily
injury and property damage of
$500,000.00 per occurrence with an
aggregate limit of $500,000.00
$5,000.00
$50,000.00
$500,000.00
The cost of said policies shall be borne by LESSEE, and said policies shall name
LESSOR as a named insured as well as LESSEE. Policies shall provide for fifteen (15) days
notice to LESSOR for cancellation, non -renewal or material change.
LESSEE shall further maintain fire insurance with extended coverage endorsements on a
replacement basis for the full insurable value covering all of the Leased Premises, with the LESSOR
named as co -loss payee. This policy shall be for a term of not less than one (1) year and renewed
annually prior to expiration so long as this lease is in existence. Certificates evidencing said
Page 4 of 6
insurance shall be provided to the LESSOR. The certificate shall provide for a minimum of fifteen
(15) days notice to LESSOR of any cancellation of the insurance required herein. Should the Leased
Premises or any portion thereof be wholly or partially destroyed or` lost by fire, explosion,
windstorm, theft or any other cause, any and all monies payable and collectible on policies of
insurance covering the Leased Premises shall be paid to LESSOR. LESSOR shall have sole
discretion concerning whether to rebuild or repair the Leased Premises or take no action to rebuild
or repair. LESSOR has no insurance on contents within the Leased Premises. Should LESSEE
desire to insure contents, LESSEE must provide such insurance at its own cost and expense.
Should LESSOR opt not to repair the Leased Premises after an insured loss then LESSEE
may at its option terminate this lease and whether it terminates or not, shall have no responsibility
to repair the damages caused by the insured loss to the Leased Premises, notwithstanding the
provisions of Paragraph 6.
10.
At the expiration of the term of this lease, LESSEE may hold over on a month-to-month
basis only under the same terms and conditions as set out in this lease.
11.
Either party may terminate the lease agreement upon sixty (60) days notice in writing to the
other party. In the event of termination LESSEE agrees to remove its property from the leased
premises and to leave the premises in good repair without damage.
Page 5 of 6
12.
LESSOR reserves the right to enter into Agreements with other entities at any time during
the term of this Agreement, or any extension thereof, which may limit access to Leased Premises as
described.
Texas.
13.
This lease is made subject to all provisions of the City Charter of the City of Beaumont,
EXECUTED in duplicate originals this
LESSOR:
CITY OF BEAUMONT
Kyle Hayes, City Manager
LESSEE:
BEAUMONT ART LEAGUE
LIM
Jerry F. Blount, President/Chairman
day of
ATTEST:
Tina Broussard, City Clerk
Page 6 of 6
2018.
E
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, Public Works Director
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 2, accept maintenance, and authorize
fmal payment for the Calder Avenue Asphalt Resurfacing
(Arlington Avenue to Phelan Boulevard) Project.
BACKGROUND
On November 7, 2017, by Resolution No. 17-235, City Council awarded a contract to LD
Construction, of Beaumont, Texas for the Calder Avenue Asphalt Resurfacing (Arlington Avenue
to Phelan Boulevard) Project in the amount of $692,853.00.
Previous Change Order No. 1, with no dollar amount involved, was approved on June 8, 2018 to
accommodate the utilization of the base repair underrun savings to fund an overrun in level -up
quantity, which resulted in no change to original contract amount.
Proposed Change Order No. 2, in the amount of $24,108.62, is required to adjust the estimated
quantities in the contract to reflect the actual quantities used in the completion of the project.
The adjustment in quantities will result in a fmal contract amount of $716,961.62.
The project has been inspected by the Engineering Division and found to be complete in
accordance with the provisions and terms set forth in the contract. Acceptance of maintenance
and fmal payment in the amount of $101,994.95 is recommended.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO. 17-235
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to LD Construction, of
Beaumont, Texas, in the amount of $692,853.00 for the Calder Avenue Asphalt
Resurfacing (Arlington Avenue to Phelan Boulevard) Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Contract with LD Construction, of Beaumont, Texas, for the
purposes described herein; and,
BE IT ALSO RESOLVED THAT the bid of Oldcastle Materials Texas, Inc. be
rejected.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
November, 2017.
U- Mayor Becky .
CITY OF BEAUMONT
DATE: JUIy 24, 2018
PROJECT: CALDER AVENUE ASPHALT RESURFACINGPROJECf
OWNER CITY OF BEAUMONT
CONTRACTOR LD CONSTRUCTION
CHANGE ORDER NO.2 FINAL
. _ -. THE FOLLUWLAG CHANGES IIP THE PLA14S ARD%OR SPECIFICATIOlYS ARE HEREBY ffiADE:
All q -cities adjusted to reflect final Md meastaements.
IttmNo.
ed
Description
Unit
OtiElnal
New
Unit
Price
Total
348%
TOTAL PERCENT CHANGE ORDER TO DATE:
3.48%
NEW CONTRACT AMOUNT-
Quantity
Q-tity
204
6x03
SPRINKLING (DUST CONTROL)
MG
70.00
1 20.00
S
10.00 S
300.00)
340
6194
D -GR BMW TY-FPG70-22 I2VWearing
SY
26000.00
24409:11
$
4.50 S
340
6047
DGR S TY -C PG70-22 2' Level -U (CO 1)
TON
3,051.94
3,032.13
-S80,00 S
,259.01)
(1 6.80)
351
6010
FLEXIBLE PAVEMENT STRUCTURE REPAIR 12 (COI)
SY
948.16
863.79
$
80.00 S
(6 749.60)
364
6170
PLANE ASPH CONC PAV (3-)SY
26 000.00
25 803.74
$
3.00 S
588.78)
530
5011
INIERSFCITONS DRIVEWAYS AND TURNOUTS
TON
600.00
853.79
$
100,00 S
25 79.00
695
5041
REEL PAV MRK TY I 12" SLD 100MIL
LF
500.00
417.00
S
4.00 $
32.00
O88
6126
REEL PAV MRK TY I 4'(SLD) 100MIL
LF
6.9W.
16,900.00
1635.00
$
0.40 S
226.00
666
69M
REFLPAV MRK TYI 8'SLD) I00MIL)
LF
1 674.W
S
1.80 S
1 69020
688
6901
REFL PAV MRK TY I 8'SLD 100MIL
LF
1735.00
034.00
$
2.00 S
868.00
888
6077
PREFAB PAV MRK TY C ARRO
FA
5.00
3.00
$
200.00 S
(400.00)
6902
REFL PAV MRK TY I 4' SLD)(100MIL (BRM
LF 1
0.00 1
511.00
S
0.40 S
204.40
999
8899
EXCAVATION. BASE STABILIZATION(BRIDGE)
SY0,00
168.74
S
80.00 S
13,49920
TOTAL: S 24,10&62
NO CONTRACT TISIE
WILL BE ADDED TO TBiS CHA6GE ORDER
ORIGINAL CONTRACT AMOUNT:
S 692,853.00
NET FROM PREVIOUS CHANGE ORDERS:
S
TOTAL AMOUNT OF THIS CHANGE ORDER
S 24;108,62
PERCENT OF THIS CHANGE ORDER
348%
TOTAL PERCENT CHANGE ORDER TO DATE:
3.48%
NEW CONTRACT AMOUNT-
S 716,961.62
APPROVED BY:
P ARED $Y: i
MMOND ROADWAYDESIGNER
DATE:
REVIEWED BY: j
D OSEP it ALANI P
LIC ORKS DIRECTOdR
DATE: 2 q /Ie
ATTESTED BY:
KYLE HAYES, CITY MANAGER TINA BROUSSARD, CITY CLERK
CITY OF BEAUMONT
DATE: June 4, 2018
PROJECT: CALDER AVENUE ASPHALT RESURFACING PROJECT
OWNER CITY OF BEAUMONT
CONTRACTOR LD CONSTRUCTION
CHANGE ORDER NO.1
THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE:
Utilizing base repair undemm savings to fund an overran in level -up quantity.
Item No. Item
mDescription Unit Original
QuNew Unit Price Total
Code 340 8010 FLEMLE PAVEAti�NT STRUCTURE REPAIR 12� SY 1100 948.16 S 80.00 S 1 147.20)
340 6047 D -GR S TY -C P070-22 ° LeveFU TON 290D 3051.84 S 80.00 1 S 12,147.20
TOTAL: S -
NO CONTRACT TIME WILL BE ADDED TO THIS CHANGE ORDER
ORIGINAL CONTRACT AMOUNT:
S 692,853.00
NET FROM PREVIOUS CHANGE ORDERS:
S -
TOTAL AMOUNT OF THIS CHANGE ORDER
S -
PERCENT OF THIS CHANGE ORDER
0.00%
TOTAL PERCENT CHANGE ORDER TO DATE:
0.00%
NEW CONTRACT AMOUNT:
S 692.853.00
ACCEPTE Y•
PREPARED
Q)
REnYG^ LIS CONSTRUCTION
.BY:
HAMMOND, ROADWAY DESIGNER
REVIEWEDB
REVIEWED BY: 11
'/'
"�Oa
.
� f
LD f CRO T, ROAD WA ESI I
JOSV MAJD LANL P ..,
LI ORKS DIRECTO
APPROVED BY:
A ED BY:
Jim
'' .TINA BROUSSARD, CITY CLERK
KYLE HAYES, CITY MANAGER
RESOLUTION NO.
WHEREAS, on November 7, 2017, the City Council of the City of Beaumont,
Texas, passed Resolution No. 17-235 awarding a contract in the amount of
$692,853.00 to LD Construction, of Beaumont, Texas, for the Calder Avenue Asphalt
Resurfacing (Arlington Avenue to Phelan Boulevard) Project; and,
WHEREAS, on June 4, 2018, the City Manager executed Change Order No. 1, in
the amount of $0.00, to utilize base repair under -run savings to fund an over -run in
level -up quantity, thereby having no effect on the total contract amount of $692,853.00;
and,
WHEREAS, Change Order No. 2, in the amount of $24,108.62, is necessary to
adjust the estimated quantities in the contract to reflect the actual quantities used in the
completion of the project, thereby increasing the contract amount to $716,961.62;
WHEREAS, the project has been inspected by the Engineering Division and
found to be complete in accordance with the provisions and terms set forth in the
contract;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change
Order No. 2 for additional work described above, thereby increasing the contract
amount by $24,108.62 for a total contract amount of $716,961.62 for the Calder Avenue
Asphalt Resurfacing (Arlington Avenue to Phelan Boulevard) Project; and,
BE IT FURTHER RESOLVED THAT the Calder Avenue Asphalt Resurfacing
(Arlington Avenue to Phelan Boulevard) Project be and the same is hereby accepted;
and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make
final payment in the amount of $101,994.95 to LD Construction, of Beaumont, Texas.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
F
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his
designee to execute a Memorandum of Agreement between the
Bureau of Alcohol, Tobacco, Firearms and Explosives and the
Beaumont Police Department.
BACKGROUND
The attached Memorandum of Agreement is a renewal of an agreement between the Beaumont
Police Department and the ATF Task Force and is for the purpose of reimbursement of overtime
salary costs and other costs, including but not limited to travel, fuel, training, and equipment,
incurred by the Beaumont Police Department in providing resources to assist the Bureau of
Alcohol, Tobacco, Firearms and Explosives Task Force.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
r
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager, or his designee, be and they are hereby authorized to execute
a Memorandum of Agreement with the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) for the reimbursement of overtime salary costs and other costs,
including but not limited to travel, fuel, training, -and equipment incurred by the
Beaumont Police Department in providing resources to assist the Alcohol, Tobacco,
Firearms and Explosives Task Force. Said Memorandum of Agreement is substantially
in the form attached hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
J.
. U.S. Department of Justice
` R
Bureau ofAlcohol, Tobacco,
Firearms. and Explosives
1114AIngrom DC20226
Irk -It. affps
MEMORANDUM OF AGREEMENT
Bet«een the
Bureau of Alcohol, Tobacco, Firearms and Explosives
and
Beaumont Police Department
for
Reimbursement of Overtime Salary Costs
associated with
ATF TAS1K FORCE
This Memorandum of Agreement (MOA) is entered into by the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) and the Beaumont police Department for the purpose of
reimbursement of overtime salary costs and other costs, with prior ATF approval, including but not
limited to travel, fuel, training, and equipment, incurred by the Beaumont Police Department in
providing resources to assist ATF,
Payments may be made to the extent they are included in ATF's Fiscal Year flan and the monies
are available to satisfy the request(s) for reimbursable overtime expenses.
I. PERATION OF THIS MEMORANDUM O AGRIEEMENT
This MOA is effective with the signatures of all parties and terminates at the close ofbusiness
on September 30, 2023, subject to Section V11 of the MOA.
K AUTHO1UT
This MOA is established pursuant to the following provisions:
1. Title 28, U.S,Q, Section 524(c), the Department of Justice, Asset Forfeiture Fund,
which provides for the reimbursement of certain expenses of local, county, or State law
enforcement agencies incurred as participants in joint operations/task forces with a
Department of the Justice law enforcement agency.
EXHIBIT "A"
2. Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Bill, which provides for the reimbursement of overtime salary costs of
local, county, or State law enforcement agencies incurred while assisting ATF in joint law
enforcement operations.
3. Title 31, U.S.C., Section 9703, the Treasury Forfeiture Fund Act of 1992, which
provides for the reimbursement of certain expenses of local, county, or State law
enforcement agencies incurred as participants in joint operations/task forces with a
Federal law enforcement agency.
If available, the funding for fiscal years 2019, 2020, 2021, 2022 and 2023 is contingent upon
annual appropriation laws, Title 28, U.S.ti:; Section 524(c), annual appropriations, and Title
31, U.S.C., Section 332.
If available, funding allocations for reimbursement of expenses will be transmitted through a
separate document.
This Mernnrandurn of Agreement (MOAT.) is not a funding allocation document.
III. ]P _QSE OF TIiIIS 1ViEla'IORA1+11JUM OF AGREEMENT
This MOA establishes the procedures and responsibilities of both the Beaumont Police
Department and ATF for the reimbursement of certain overtime and other pre -approved
expenses incurred pursuant to the authority in Section II.
IV. NAME OF Jt3INT OPERATION/TASK FORCE (if applicable)
The name of this joint operation/task force: ATF TASK FORCE
V. CONDITIONS AND PROCEDURES
A. The Beaumont Police Department shall assign officer(s) to assist ATF in
investigations of Federal, state, and local laws. To the maximum extent possible,
the officer(s) will be assigned on a dedicated, rather titan rotational basis. The
Beaumont Police Department shall provide ATF with the name(s), title(s), and
employee identification number(s) of the officer(s) assigned to the investigation.
B. The Beaumont Police Department shall provide ATF, within ten (l0) calendar'days
of the signing of this MOA, with a contact name, title, telephone number and
address. The Beaumont Police Department shall also provide the name of the
official responsible for providing audit Information under paragraph VI of this
MOA, and the name of the official authorized to submit an invoice to ATF under
paragraph V, Subparagraph E.
C. The Beaumont Police Department shall provide ATF, within ten (10) calendar days
of the signing of this agreement, Nvith the financial institution where the law
enforcement agency wants the Electronic Funds Transfer (EFT) payment deposited
for reimbursement. The mechanism for this is the Unified Financial Management
System (UFMS) Vendor Request Form_ Within the UFMS Vendor Request form,
the DUNS Number should be provided (DUNS — Data Universal Numbering
System, identifies business entities on a location -specific basis) under section 12.
When completed, forward this form to the'appropriate ATF field office address:
ATF, ATTN.- RAC/GS Marlin Ford, 2615 Calder Avenue, Suite 330, Beaumont,
TX 77.7.02
D. The Beaumont Police Department -may request reimbursement for payment of
overtime expenses and other costs with prior ATF approval, including but not
limited to travel, fuel, training, and equipment, directly related to work performed
by its officer(s) assigned as members of joint operation task force with ATF for
the purpose of conducting an official investigation.
E. Invoices submitted to ATF for the payment of expenses must be submitted on the
appropriate forms as provided by ATF, The invoice shall be signed by an
authorized representative of the Beaumont Police Department and submitted to
ATF field office for signature and verification of the invoice.
F, The Beaumont Police Department will submit all requests for reimbursable
payments, together with the appropriate documentation to ATF by the 10th day of
each subsequent month that the agency is seeking reimbursement.
(1) if the reimbursement request is not received by the ATF field office by the
10th of the subsequent month, the ATF field office will advise the agency,
in writing, that the reimbursement request is late, and if the reimbursement
request is not received within the next 10 working days, the overtime costs
will not be reimbursed.
(2) No waivers or extensions will be granted or honored. The Beaumont Police
Department will submit the request for reimbursement via fax, email or mail
to the following address:
ATF, ATTN: RAC/GS RAC/G5 Marlin Ford, 2615 Calder Avenue, Suite
330, Beaumont, TX 77702
G. The ATF Supervisor shall be responsible for certifying that the request is for
overtime expenses incurred by the Beaumont Police Department for participation
with ATF during the joint operation/task force. The responsible State or local
official shall also certify that requests for reimbursement of expenses have not been
made to other Federal law enforcement agencies.
R. The Beaumont Police Department acknowledges that they remain fully responsible
for their obligations as the employer of the officer(s) assigned to the joint
operation/task force and are responsible for the payment of the overtime earnings,
withholdings, insurance coverage, and all other requirements by law, regulations,
ordinance or contract regardless of the reimbursable overtime charges incurred,
1. All reimbursable hours of overtime work covered under this MOA must be
approved in advance by the ATF supervisor.
J. All sworn State, county and local law enforcement officers cadnot exceed the fiscal
year reimbursement cap, which is the equivalent of 25 percent of GS -12, Step -1
salary, Sworn law enforcement officers in the State, county or local law '
enforcement agency assigned to cpver when a TFO/Special Deputy or other sworn
law enforcement officer, has been called away on an ATF matter, shaII not be
reimbursed with SLOT finds.
K. Any Sworn State, county and local law enforcement officer receiving funding from
multiple sources, such as Organized Crime Drug, Enforcement Task Force
(OCDETF) or High Intensity Drug Trafficking Area (HIDTA), cannot exceed the
fiscal year salary cap when all funding is combined; it is the RAC/GS's
responsibility to ensure that the officer does not receive double funding in excess of
the fiscal year cap.
L. The ATF supervisor will forward all approved reimbursement requests to the
Division Chief, Asset Forfeiture & Seized Property Division for payment.
M. This document (N®A) does not oblit=ate funds. Funding authority, with
maximum reimbursement costs to any one law enforcement officer during the fiscal
year (October 1— September 30); will be provided through other documents. The
agency will receive an allocation confirmation from the field division.
VL PROGRAM! AUD1iT
This MOA and its procedures are subject to audit by ATF, the Department of Justice,
Office of Inspector General, the Government Accountability Office, and other auditors
authorized by the Federal government. The Beaumont Police Department agrees to permit
such audits and agrees to maintain all records relating to these transactions for a period of
not less than three years; and in the event of an on-going audit, until such time as the audit
is completed.
These audits include reviews of any and all records, documents, reports, accounts, invoices,
receipts, or expenditures relating to this agreement; as well as, the interview of any and all
personnel involved in these transactions.
VIT. RKY6LONS
The terms of this MOA may be amended upon written approval by the original parties, or
their designated representatives. Any amendment to this MOA becomes effective upon the
date of approval as stated in the amendment. Eitherparty.can cancel this MOA upon 60-
calendar
0.calendar day's written notice to the other party. The ATF will only process request for
overtime for overtime incurred before the date of cancellation, absent a specific written
agreement to the contrary.
VIII. NO PRIVATE .Ri(gHT CREATED
This is an internal Government agreement between ATF and the Beaumont Police
Department and is not intended to confer, any right or benefit to any private person or party.
James Singletary
Chief of Police
Beaumont Police Department
Date:
Deputy Chief Financial Officer
Office of Management
ATF
Date:+&--
Fiederick
J. Milanowslci
Special Agent in Charge
Houston Field Division
ATF
Date:- 7 -1q -T _..- -..
Deputy Assistant Director (West)
Field Operations
ATF
Date.
G
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his
designee to execute a Memorandum of Understanding between the
Federal Bureau of Investigation and the Beaumont Police
Department concerning the access and use of the BPD Firearms
Training Facility.
BACKGROUND
The City of Beaumont Police Department owns and operates a law enforcement training facility,
including a firearms range. The FBI has operational responsibilities for maintaining firearms
proficiency of its Special Agents and other personnel assigned to its Houston, Texas field office
and other assigned FBI facilities at the Beaumont Resident Agency. The FBI also tests and
evaluates firearms and ammunition for research purposes and acquisitions and use by its
workforce. The purpose of this MOU between the FBI and the City of Beaumont Police
Department concerns the use of the BPD Firearms Range which would allow the FBI to conduct
regular and specialized firearms training, special weapons and tactics training and other related
demonstrations and events at the location.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager, or his designee, be and they are hereby authorized to execute
a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) relating
to the access and use of the Beaumont Police Department Firearms Training Facility.
Said Memorandum of Understanding is substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter "
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE FEDERAL BUREAU OF INVESTIGATION AND THE BEAUMONT
POLICE DEPARTMENT CONCERNING THE ACCESS AND USE OF THE BE, AUMONT
POLICE DEPARTMENT FIREARMS TRANINING FACILITY
1. PURPOSE+' r
a, The purpose of this Memorandum. of Understanding (MOU) between the
Federal Bureau of Investigation (FBI) and the Beaumont Police Department
(BPD), hereinafter referred to as the `Parties,".i -Ipi (1) define the scope and
--of the BPD Firearms Range
responsibilities of the Parties concerning their;:
(hereinafter "Facility"), located at 400 I;ti'Rgad, Beaumont, TX 77705; and
(2) allow the Parties to conduct regular acid rSpeaied firearms training, special
weapons and tactics (hereinafter "519;Ti� training;: did related demonstrations
and events. A'
b. This MOU is not intended, anc kio ld not be construed, Q' .,ate any right or
benefit substantive or rocedur
o�rceahlq,�t,law or otfie�e among or
against any of the patties, their par�ut..,a�M"I, the Unitec��,.Ofi�tes, or the
officers, employees„ag6i� s, or other As�bc ated personnelthered£
2. PARTIES
a. This Memorun of Und4tandirig;IOp is e[16; -ed into by the Federal
Bureau.bf-In`v %g ;tion (FBI): axtd the l i;aitutct Poli e Department (BPD)
(here.- r, "the l a es„) ;,
b. The Spear a1=_Agent i "Marge (SAq) Houston Division, FBI, is responsible for
,dm{inic $S, and has desigtaated the Administrative
ter a eit for tl�;
:as the TX's poirii'lo, aact* this purpose.
.c�. The Chie.o Polic `'
,r _ b; SPD, is respdiftle for administering this agreement for the
BPD, Fire `arms., n=O,Q cer, as the BPD'S point of contact.
3. AUTHORI'ikE
The FBI enters into t s' VlOTJ tiAder the authority provided by 28 U.S.C, 530C.
4. BACKGROUND iNFQR Ti0]V
BPD owns and operates a law enforcement training facility, including a firearms range at 4900-
La-fin
900Lafin Road, Beaumont, TX 77705. The FBI has operational responsibilities for maintaining
firearms proficiency of its Special Agents and other personnel assigned to its Houston, TX
field office and assigned to FBI facilities on Beaumont Resident Agency. The FBI also tests
and evaluates firearms and ammunition for research purposes and for acquisitions and use by
its workforce.
EXHIBIT "A”
t
5'. SCOPE
This MOU defines the terms and conditions for the provision of funding, upgrades, and
enhancements to the Facility contemplated by the Parties as follows:
a. The BPD will permit the FBI use of the facility, without charge, on an as needed
basis, subject to BPD having priority use. However, in view of the BPD having
priority use, the FBI will be guaranteed a minimum often (10) days per year. The
FBI agrees to contact the BPD in advance of their intended usage for scheduling
purposes.
b. Contingent on the availability of funds through,lSD, the FBI will provide
funding as needed for repairs and improvema itg: tithe Facility.
G. Facility construction involving the FJ3I VrdVi 4,�iunding must receive the
concurrence and approval of the SA6 aRff.:k Min the Houston Division.
d. All upgrades and enhancements folk acility fund's whole or in part, under
this MOU, will belong to BPD,,.1,.
6. SPECIFIC RESPO _ SIBILI
a. The FBI acknowledges-46kils employees agents, or invited guest are
responsible for becoming par> :with, and-`44ding by, the rules and regulations
regarding their conduct oi?i;'and aiµ the facility �:-
b. The FBX,w%c?Yide all amnq tion r.imploye agents, or invited guests
while. -Wig the ac Iity. No fir +ar n's or nition will be stored at the
y:t
Facility i r-..* n the F :,is not pres ntr iithout the permission of the appropriate
BPD Poi IfµContq a
c, 'fierties agi'ti:tlaeCity wr`iT� for law enforcement training purposes
;
Vill noti-1 6.ppen to-thbyaq 'public. The parties recognize, however,
that such i ing ins pclude iia3 g sponsored by law enforcement for the
.� generalpublL��
d. "= e BPD will % , f{ t the l BTuse of the facility, without charge, on an as needed
b�'. subject toD having priority use. The FBI shall have access to the
Fa xfor a miri2im of ten (10) work days per year. However, the good faith
failure ei.'Fty to meet the minimum day requirement shall not be deemed
a de by either Party. The parties shall meet on a scheduled basis
to be detertrv3led, but not less than quarterly, and agree on a tentative schedule for
FBI usage. Training days assigned to the FBI-willbeequally distributed
throughout the year to prevent long periods of unavailability of the Facility
during periods of high demand. FBI use of the facility shall be approved in
writing by the appropriate scheduling point of contact, with FBI being given
scheduling preference over all other law enforcement agencies. Facility use and
range days assigned to the FBI are for the FBI's own use exclusively. BPD range
personnel will have unlimited access to the Facility at any time, provided that
such access does not unduly interfere with the FBI's training efforts during its
scheduled use. Requests by the FBI for scheduling changes will be made to the
V)
i1
designated scheduling POC for consideration with the use provisions of this
MOU.
e. BPD shall be responsible for all releases of hazardous. substances (as defined by
the Comprehensive Environmental Response Compensation and Liability Act,
Title 41, U.S.C. Section 9601 et seq.) and other contaminants on or from the
premises, unless such releases are solely from the activities of the FBI. BPD
shall take all reasonable measures to avoid such releases, and as operator of the
premises, shall indemnify and hold harmless the FBI for any liability related to '
compliance with environmental requirements des bed herein, unless failure to
�F
comply with such requirements arises solely Bele activities of the FBI.
Wit: :
f. BPD agrees to provide and pay for chose (e.g., electricity, water, and
sewer) that maybe reasonably co nsu zC , during the FBI's use of the
Facility during the term of this agree ent$PD aas to be responsible for all
operations and maintenance costs 40 Facility, dads provided under this
agreement will be used exclusi5. ,_t' r the purposes se �p in this agreement
and will not be used to support�B , ,operations or admin' n unrelated to this
agreement. t %:
g. The FBI will exercis Vsonable due rata ,I use ofthe Facility aid shall be
responsible to BPD fo e_., , _ ing a1I a in a safe and prudent manner so
as not to endanger othel�j,.: e PD pro pe The FBI shall return the
Facility to the same condfltb o,ats use, pt for reasonable" wear and
tear. Tfth of retui h ch 6- 4 lon due to acts of
negliby FBN ; Plot K€41 e guests, it agrees to
imme`'cly notif5k appfop - rtagD poi bbt�ntact and will negotiate an
04
appxopn espons,ncluding fiicial responsibility, for needed repairs as
�, �,i
intly dete�roed�l?;�ft��arties urt�gr the terms of this agreement for the
} 0W1 o£ Bk�I F no �gwrement or obligation to staff the Facility
a dwmg` Jule
a. lYIOU is n obligation or commitment of funds, nor a basis for
train ; ;of fun ; rlt rather is -a basic statement of the understanding between
the p' Its of matters described herein. Expenditures by each party *ill be
subject t& NOAffia'age'tary processes and to the availability of funds ana resources
pursuaztt to Splicable laws, regulations, and policies. The parties expressly
acknowledge that the language in this MOU in no way implies that funds will
be made available for such expenditures.
b. This MOU does not constitute an agreement for any party to assume or waive
any liability or claim under any applicable law.
C, Nothing in this MOU is intended to conflict with current law, regulations or
directives of the FBI or BPD. If a term of this MOU is inconsistent with any
such authority, then that term shall be invalid, but the remaining terms and
3
A
conditions of this Agreement shall remain in full force and effect.
d. The FBI, as an agency of the United States Government, is self-insured.
United States Government liability for claims for personal or property damage,
including death, caused by the negligent or wrongful acts or omissions of FBI
employees acting within the scope of their employment is determined under
the terms and conditions of the Federal Tort Claims Act (28 U.S.C., Sections
1346(b) and 2671, et seq.). Appropriate claims and judgments against the
United States, to include claims made under the Federal Tort Claims Act, are
paid out of the Judgment Fund (31 U.S.C., Secr4gn 1304),
e. This agreement is not intended to be enforcq�;O'ra` any court or administrative
forum. The parties will seek to resglve faxtittes regarding this agreement
1.
by mutual consultation.
f"^J tis
8. EFFECTWE DATE, AJD TRA t< t u
a. This agreement shall be effeu f 7t ehom the date of signing --,BPD and FBI
}. it .
organizations and shall remain in" o 'ae for w od of twee 0) years. It will
`goy 6". i" =
be renewed automa „e at expiratfo� Y o i :': riod ofthree ye unless twelve
ly �, 4Y
months
termination'.
'a;. s provided fr eler party. This agreement may be
arties. This agree
modified at any time iii;consent o1<. agreement is a
replacement of the prior eei ~ywL
b. This MO (%at be terming d with`iftrat to aid rty, at any time upon
,�,I �J
write 'yfxce=� thdrawafiIN all.ofir' .. $� Axe party desiring to withdraw
frofri MOU �endeavode suc`tten notification to all artier
p
at leas" ; : days ° hor to with av a1.
'�!;{�g,_-� �-••'
;'Z=#tj�%;• ;!e�to-it
t.i � r; ��•�' .r '�i�,, �G`'•t.{. .i•�wF:'i int:. -�
Jame}mletary `=us_. 'ti::4• `�?"s Date
Beaumont,
Perrye K. Turner 'xr ,. 4� Date
g ����_:
Special Agent in Charg-s�;,;
H6uston Division
Federal Bureau of Investigation
.19
H
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, Public Works Director
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council considers a resolution authorizing the City Manager to
award a contract to Racehorse Foundation Co, Inc. of Lumberton,
Texas f6r the construction of the Concrete Slabs for City of
Beaumont Bus Shelters at Various Locations — Phase Two Project
Bid No. PW1018-06.
BACKGROUND
The project consists of constructing ten (10) concrete slabs at various bus stop locations throughout
the City of Beaumont. Each constructed slab will provide the required foundation for the
proposed 7 -ft x 14 -ft hip -roof bus shelter, which will be installed upon completion of the concrete
slabs.
On July 26, 2018 one (1) formal bid was received. The bid total is shown in the table below with
the unit cost tabulation attached.
Contractor
Location
Bid
Racehorse Foundation Co., Inc.
I Lumberton, Texas
$88,575.00
The Engineer's estimate for this project was $84,140.00.
Public Works engineering staff recommends the project be awarded to Racehorse Foundation Co.,
Inc. A total of sixty (60) calendar days are allocated in the completion of this project.
FUNDING SOURCE
TxDOT Funded (100%)
RECOMMENDATION
Approval of resolution.
No Text
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to Racehorse
Foundation Co., Inc. of Lumberton, Texas, in the amount of $88,575.00 for the Concrete
Slabs for City of Beaumont Bus Shelters at Various Locations -Phase Two Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Contract with Racehorse Foundation Co., Inc. of Lumberton,
Texas, for the purposes described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a twenty
foot (20') wide Exclusive Water and -Sewer Line Easement.
BACKGROUND
CNA Rental Management, LLC has agreed to convey a twenty foot (20') wide exclusive Water and
Sewer Line Easement to the City of Beaumont. The easement is described as being a 0.21 acre of
land situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas. The
water and sewer line easement is for a new retail development located at 3255 North Major Drive.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, CNA Rental Management, LLC has agreed to convey one (1)
twenty foot (20') wide exclusive water and sewer line easement, said easement being a
0.21 acre of land situated in the Almanzon Huston Survey, Abstract No. 33, Jefferson
County, Texas as described and shown in Exhibit "1," attached hereto, to the City of
Beaumont for a new retail development located at 3255 North Major Drive; and,
WHEREAS, the City Council has considered the purpose of said conveyance
and is of the opinion that the acceptance of said conveyance is necessary and desirable
and is in the best interest of the City of Beaumont and that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT one (1) twenty foot (20') wide exclusive water and sewer line easement
conveyed by CNA Rental Management, LLC, being a 0.21 acre of land situated in the
Almanzon Huston Survey, Abstract No. 33, Jefferson County, Texas as described and
shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted
for the stated purposes.
The meeting at which this resolution was approved was in all things conducted
in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER AND SEWER LINE EASEMENT
THAT, CNA RENTAL MANAGEMENT, LLC, a Texas limited liability company,
hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of
ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand
paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County,
Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is
hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont,
Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water
and sewer line easement (the "Easement") to construct, alter, and maintain waterlines and related
appurtenances on the hereinafter described lands which said easement is under, over, in and
across those certain tracts or parcels of land owned by GRANTOR situated in the County of
Jefferson, State of Texas, and being more particularly described in Exhibit "A & B", attached
and made a part hereof for all purposes (the "Easement Area").
The Easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water and sewer lines and
related appurtenances in the Easement Area, and, it is expressly understood and agreed that the
City of Beaumont shall have the right of reasonable ingress to and egress from the Easement
Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the
Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or
EXHIBIT "A"
hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and
egress thereto.
Grantor reserves the right to continue to use and enjoy the surface of the Easement Area
for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by
Grantee for the purposes provided herein, including but not limited to the right to place surfacing
materials over and across the Easement Area and to use the same for parking areas, driveways,
walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings
may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be
responsible for the repair and replacement of any improvements placed by Grantor within the
Easement Area and the same shall be repaired and maintained by Grantor, at Grantor's sole cost
and expense.
The conveyance of the Easement granted herein is made by Grantor and accepted by
Grantee subject to any and all existing easements, covenants, rights-of-way, conditions,
restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of
record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted
Exceptions").
This Easement may be amended or terminated only by the written consent of the parties
hereto, or their respective successors and assigns.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but
not otherwise, subject to the Permitted Exceptions.
[Signature Page Follows]
EXECUTED this day of 92018.
GRANTOR:
CNA Rental Management, LLC,
a Texas limited liability company
By:
Printed Name:
Title: Member
Christopher Truong
STATE OF TEXAS
COUNTY OF JEFFERSON
ACKNOWLEDGMENT
X
X
This instrument was acknowledged before me on this the day of ,
2018, by Christopher Truong, Member of CNA Rental Management, LLC, a Texas limited
liability company, known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed in the capacity therein stated on behalf of and as the act and deed
of said CNA Rental Management, LLC.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2018.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors Telephone (409) 813-3410
E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484
2525 Calder Street
Beaumont, Texas 77702
Surveying Firm Registration No. 100024-00
Engineering Firm Registration No. 4800
EXHIBIT A
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR A
0.21 ACRE TRACT (9,101 SQUARE FEET), 20' WIDE EXCLUSIVE WATER
AND SANITARY SEWER EASEMENT
OUT OF
ALMANZON HUSTON SURVEY
ABSTRACT NO. 33
JEFFERSON COUNTY, TEXAS
May 22, 2018
(BEARINGS SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983,
SOUTH CENTRAL ZONE, AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983,
ADJUSTMENT 2011.)
THAT CERTAIN 0.21 acre tract (9,101 square feet) or parcel of land out of the Almanzon Huston
Survey, Abstract No. 33, and being out of the remainder of a 33.577 acre tract conveyed to CNA
Rental Management LLC, as described in Clerk's File Number 2015000554 of the Real Property
Records of Jefferson County, Texas; said 0.21 acre tract being more particularly described by
metes and bounds as follows:
COMMENCING at a 1/2" rebar found in west right-of-way line of North Major
Drive; said rebar being the southeast corner of a tract conveyed to Beaumont
Providence, LP, as described in Clerk's File Number 2014008926 of the Real
Property Records of Jefferson County, Texas;
THENCE South 02'52'54" East (called South 02°52'53" East) along the west right-
of-way line North Major Drive and the east line of the said Paret Interests, L.L.C.,
tract, a distance of 389.73 feet to a 1/2" rebar found capped "FAUST" for POINT
OF BEGINNING;
THENCE South 02°52'54" East (called South 02°52'53" East) along the west right-
of-way line North Major Drive and the east line of the said Paret Interests, L.L.C.,
tract, a distance of 455.00 feet to a point for corner;
180115 legal description PAGE 1
Field Note Description
THENCE South 87°07'06" West, a distance of 20.00 feet to a point for corner;
THENCE North 02°52'54" West, a distance of 455.00 feet to a point for corner;
THENCE North 87°07'06" East, a distance of 20.00 feet to POINT OF BEGINNING
and containing 0.21 acres (9,101 square feet) of land, more or less;
This description and the accompanying plat were prepared from a survey
performed under the supervision of Richard F. Faust, P.E., Registered Professional
Land Surveyor No. 4782 on May 22, 2018.
Richard F. Faust, P.E.
Registered Professional Land Surveyor No. 4782
�oFT
�Q�G� S rF9F�q
cry:
..........................
RICIiARD F. FAUST
4782
rjT#j21 K
T OF � If OAF -
moiQ� i21Ci
CORNER
WT{
N 0252'54' W 46940'
s �Y20,00 20' EXCLUSIVE WATER AND SANITARY SEWER EASEMENT
9,101 Sq. Ft
S 0252'54' E- 46540'
(CALLED S 0Z5Z5r E)
\,C(NT FOR N 0 R T H M A J O R D R I V E
SCALE. • 17.50'
(BEARINGS SHOWN HEREON ARE REFERENCED
717 1HE TEXAS COORD/NATE SYSTEM OF 198.E
SOUTH CENTRAL ZONE: AND ARE BASED ON
THE NORTH AMERICAN DATUM OF 1983
ADJUSTMENT 2011.)
EXHIBIT B
PAGE 1 OF 1
TO ACCOMPANY DESCRIP77ON
OF
A 0.21 ACRE (9,101 SQUARE FEET)
20 FEET WIDE EXCLUSIVE WATER
AND SANITARY SEWER EASEMENT
OUT OF
THE REMAINDER OF A 44.79 ACRE TRACT
ALMANZON HUSTON SURVEY, ABSTRACT NO. 33
BEAUMONT, JEFFERSON COUNTY, TEXAS
POINT OF
S 0262'64' E
(CALLED S 02
RD F.
4782
E
FOUND 1/2' R®AR
POINT OF
COMMENCEMENT
REGISTERED PROFESSYONAL LAND SURVEYOR NO. 47B2
SURVEY REGISTRATION FIRM NO. 100024-00
ENGINEERING AND SURVEYING, INC.
PROFB39IDN'T ZZI II7lSERs AND PROPE9MONAL SURgLTM
EWS CALMER STREET ■ BEAUKU rT, TEXAS 77702 ■ (409) M13-3410
D?MINEERM FMM NO. 4800 19 SLRV6YM FIRM IGUMR4-00
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BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: August 14, 2018
J
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot (10') wide Exclusive Water Line Easement.
BACKGROUND
Pointe Parkway Investments, Inc. and Bevilacqua Investments, LLC has agreed to convey a ten
foot (10') wide exclusive Water Line Easement to the City of Beaumont. The easement is
described as being a 0.0806 acre of land situated in the Wesley Dykes Survey, Abstract No. 17,
Jefferson County, Texas. The water line easement is for new residential domestic water service at
3855 West Pointe, 3865 West Pointe, 3875 West Pointe and 3885 West Pointe.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, Pointe Parkway Investments, Inc. and Bevilacqua Investments, LLC
have agreed to convey one (1) ten foot (10') wide exclusive water line easement, said
easement being a 0.0806 acre of land situated in the Wesley Dykes Survey, Abstract
No. 17, Jefferson County, Texas as described and shown in Exhibit "1," attached
hereto, to the City of Beaumont for a new residential domestic water services at 3855
West Pointe, 3865 West Pointe, 3875 West Pointe and 3885 West Pointe; and,
WHEREAS, the City Council has considered the purpose of said conveyance
and is of the opinion that the acceptance of said conveyance is necessary and desirable
and is in the best interest of the City of Beaumont and that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT one (1) ten foot (10') wide exclusive water line easement conveyed by
Pointe Parkway Investments, Inc. and Bevilacqua Investments, LLC, being a 0.0806
acre of land situated in the Wesley Dykes Survey, Abstract No. 17, Jefferson County,
Texas as described and shown in Exhibit 1," attached hereto, be and the same is
hereby, in all things, accepted for the stated purposes.
The meeting at which this resolution was approved was in all things conducted
in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
STATE OF TEXAS
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS:
WATER LINE EASEMENT
THAT, POINTE PARKWAY INVESTMENTS, INC., a Texas corporation, and
BEVILACQUA INVESTMENTS, LLC, a Texas limited liability company hereinafter called
"GRANTORS", whether one or more, for and in consideration of the sum of ONE AND
N011 00 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the
CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas,
hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby
acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT,
SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas
77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and the
exclusive right to construct, alter, and maintain said waterlines and appurtenances on the
hereinafter described lands which said easement is under, over, in and across those certain tracts
or parcels of land owned by GRANTORS situated in the County of Jefferson, State of Texas, and
being more particularly described in Exhibits "A & B", attached and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively, the "Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
EXHIBIT "A"
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
GRANTORS agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
GRANTEE shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 92018.
GRANTOR:
POINTE PARKWAY INVESTMENTS, INC., a Texas corporation
Ia
Printed Name: Ernest J. Browne, Jr.
Title: President
BEVILACQUA INVESTMENTS, LLC, a Texas limited liability company
By:
Printed Name:
Title: President
Sam Bevilacqua
GRANTEE:
CITY OF BEAUMONT
BY:
Name: Kyle Hayes
Title: City Manager
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the day of
2018, by Ernest J. Browne, Jr., President of the Pointe Parkway Investments, Inc., a Texas
corporation, on behalf of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
"F:1
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this the day of
2018, by Sam Bevilacqua, President of Bevilacqua Investments, LLC, a Texas limited liability
company, on behalf of said limited liability company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
2018.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on this day of ,
2018, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domiciled
in Jefferson County, Texas, on behalf of said municipal corporation.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
Fittz & Shipman
NC.
Consulting Engineers and Land Surveyors
Ronald D. Fittz, P.E., R.P.LS. (1948-1987) Donald R. King, P.E.
Terry G. Shipman, P.E., Senior Consultant Bernardino D. Tristan, P.E.
Billy J. Smith, Jr., President Jason R. Davis, P.E.
Daniel A. Dotson, P.E., Vice President Mitchell L. Brackin, R.P.L.S.
Exhibit "A"
Field Note Description: July 27,2018
West Pointe' Park Waterline Easement
BEING a 0.0806 acre tract of land lying in the WESLEY DYKES SURVEY, Abstract No.
17 in the Jefferson County, Texas, being out of and a portion of that certain 9.074 acre tract of
land as shown on the Amended Final Plat of the Replat of the Amended Final Plat for Pointe'
Park of record in County Clerk's File No. 2013006891 of the Official Public Records of
Jefferson County, Texas, more particularly crossing Lots 1 through 4 in Block 4 and over and
across the 30.00' wide the West Point Drive as shown on said plat, said 0.0806 acres of land
being more particularly described as follows:
COMMENCEING at the South right-of-way line of Pointe' Park Drive (a public roadway), the
West right-of-way line of said West Pointe' Drive, the Northeast corner of the said Block 4, Lot
1 of said Subdivision;
THENCE S 87003'42" W along and with the South right-of-way line of said Pointe' Park
Drive, the North line of said Lot 1 for a distance of 10.00 feet to the Northeast corner and
POINT OF BEGINNING of the herein described tract;
THENCE the following (19) nineteen courses over and across the said Block 4, Lots 1 through
4, over and across the said West Pointe' Drive right-of-way and along the East line of the herein
described tract as follows:
• S 02156'18"
E for a distance of 27.50 feet to an angle point;
• N 87°03'42"
E for a distance of 40.00 feet to an angle point;
• S 02°56'18"
E for a distance of 5.00 feet to an angle point;
• S 87103142"
W for a distance of 40.00 feet to an angle point;
• S 02056118"
E for a distance of 60.00 feet to an angle point;
• N 87°03'42"
E for a distance of 40.00 feet to an angle point;
• S 02156'18"
E for a distance of 5.00 feet to an angle point;
• S 87103142"
W for a distance of 40.00 feet to an angle point;
• S 02°56118"
E for a distance of 50.00 feet to an angle point;
• N 87°03'42"
E for a distance of 40.00 feet to an angle point;
• S 02°56'18"
E for a distance of 5.00 feet to an angle point;
• S 87°03142"
W for a distance of 40.00 feet to an angle point;
• S 02156'18"
E for a distance of 50.28 feet to an angle point;
• N 87103142"
E for a distance of 12.45 feet to an angle point;
1405 Cornerstone Court . Beaumont, Texas 77706 • (409) 832-7238 • Fax (409) 832-7303
Texas Board of Professional Engineers Firm No. 1160 • Texas Board of Professional Land Surveyors Firm No. 100186
• S 71°57'17"
E for a distance of 29.51 feet to an angle point;
• S 02°48'57"
E for a distance of 5.35 feet to an angle point;
• N 71°57'17"
W for a distance of 30.49 feet to an angle point;
• S 87°03'42"
W for a distance of 11.52 feet to an angle point;
• S 02°56'18"
E for a distance of 52.15 feet to an angle point;
THENCE S 87003142" W along and with the North line of that certain 4.671 acre tract of land
described in an instrument to N & N Beaumont, LLC of record in County Clerk's File No.
2014039832 of the said Official Public Record, the South line of said 9.074 acres, the South line
of said Lot 4 and with the South line of the herein described tract for a distance of 10.00 feet to
the Southwest corner of the herein described tract;
THENCE the following (17) seventeen courses over and across the said Block 4, Lots 1 through
4 and along the West line of the herein described tract as follows:
• N 02156'18"
W for a distance of 34.96 feet to an angle point;
• S 87°03'42"
W for a distance of 5.00 feet to an angle point;
• N 02°56'18"
W for a distance of 5.00 feet to an angle point;
• N 87°03'42"
E for a distance of 5.00 feet to an angle point;
• N 02°56'18"
W for a distance of 59.96 feet to an angle point;
• S 87103142"
W for a distance of 5.00 feet to an angle point;
• N 02°56'18"
W for a distance of 5.00 feet to an angle point;
• N 87003142"
E for a distance of 5.00 feet to an angle point;
• N 02156'18"
W for a distance of 60.00 feet to an angle point;
• S 87103142"
W for a distance of 5.00 feet to an angle point;
• N 02°56'18"
W for a distance of 5.00 feet to an angle point;
• N 87103142"
E for a distance of 5.00 feet to an angle point;
• N 02156'18"
W for a distance of 60.00 feet to an angle point;
• S 87103'42"
W for a distance of 5.00 feet to an angle point;
• N 02156118"
W for a distance of 5.00 feet to an angle point;
• N 87103'42"
E for a distance of 5.00 feet to an angle point;
• N 02156'18"
W for a distance of 25.00 feet to an angle point;
THENCE N 87003142" E along and with the West right-of-way line of said Pointe' Park Drive,
the North line of said Lot 1, Block 4 and with the North line of the herein described tract for a
distance of 10.00 feet to the POINT AND PLACE OF BEGINNING, containing in area,
0.0806 acres, more or less.
Plat of even date accompanies this Field Note Descrption.
Fittz & Shipman, INC.—Job No. 18075.000_SV WATER EASEMENT
1405 Cornerstone Court • Beaumont, Texas 77706 • (409) 832-7238 • Fax (409) 832-7303
Texas Board of Professional Engineers Firm No. 1160 • Texas Board of Professional Land Surveyors Firm No. 100186
Amended Final Plat of le Replaf of the Amended
Final Plat for the Portte' Park I I5
CCF No. 20130068911OPRJCT
WESLEY DES SURVEY � E
ect ptPpeAbagraceNo. it7 0 75 0
5�010g06 joby((waim comet', Taxes S C A L
B L O C K 4 I Ib
Lot 4 Lot J Lot 2 tot I
_ _ L24 zs' ea�_ttne L28 I_ L32 _ 25• ewrm� Line L36
L22 � L26 —n�� L30 t7 r� L34 — 'n Ini L38 _
rn
eat,J
L20 �1, tm L14 / I L10 ! FF
L2 J
/ t1I
I- ( I - I1 I
-
v DRIVE
5.00 5.00 5.00
6'00
L17
L12
L8
L4
j�
10' Existing Utility Easement
—
O Lot 5
Q
Lot 6
Lot 7
Lot 6
8 L
O
C K
3
l—
Wyi —
ss euwum In+c
I I
Mitchell Lee Brackin
Registered Professional Land Surveyor, No. 5163
Note:
Field note description of even dote accompanies this plat.
P.O.B.
Found 1/2'
lapped Iron Rod
4�
a
P.O. C.
Found 1/2'
Copped Iron Rod
Q:\PROJECTS\18073.000 — West Pointe' Waterllne\Survey\18075.000—SV—WATER EASEMENT.dwg Jul 27, 2018 01:28pm
Exhibit B"
Line Table
Line �
Direction
Exhibit B"
Line #
Direction
Length
L22
NO2'56'18"W
34.96
L23
L1
S87'03'42"W
10.00
NO2'56'18"W
5.Q0
L25
N87'03'42"E
L2
502'56'18"E
27.50
59.96
L27
S$7'03'42"W
5.00
L3
N87'03'42"E
40.00
L29
N87'03'42"E
5.00
L3Q
L4
S0256'1 8"E
5.00
587'03'42"W
5.00
L32
NO2'56'18"W
LS
S8T03'42"W
40.00
5.00
L34
NO2'56'18"W
60.00
L6
502'56'16"E
60.00
L36
NO2'S6'18"W
5.00
L37
L7
N87'03'42"E
40.00
N0256'18"W
25.00
L39
N87'03'42"E
L8
S02'56'18"E
5.00
52.15
L9
587'03'42"W
40.00
L10
50256'1 e"E
50.00
L71
N8T03'42"E
40.00
L12
S02'56'18"E
5.00
L13
S87'03'42"W
40.00
L14
S02'56'1 8"E
50.28
L15
N87'03'42"E
12.45
L16
S71'57'17E
29.51
L17
50248'57"E
6.35
L18
N71'57'17"W
30.49
L19
S87'03'42"W
11.52
L20
S02-56-1 B-E
0;\PROJECTS\18075.000 - West Pointe'
Waterllne\Survey\18075.ODO-SV-WATER EASEMENT.dwg Jul 3D, 2018 10:11om
IR
� i _
'It V�9�t�r0i�� ��s�ri-i�mit
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iNC PROJECT NAME:
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1405 CORNERSTONE COURT,BEAUMONT,TEXAS West Pointe' Drive Waterline Easement
'PROJECT NO:
PH (409) 832-7238 FAX (409) 832-7303
T.B.P.E. FIRM 111160 a T-XLS. FIRM #100188 0 COPYRIGHT 2018 FITTZ 8 SHIPMAN, INC. DATE: Jul 30, 2018
18075.0000
Line Table
Line �
Direction
Length
L21
S87'03'42"W
10.00
L22
NO2'56'18"W
34.96
L23
587'03'42"W
5.00
L24
NO2'56'18"W
5.Q0
L25
N87'03'42"E
5.00
L26
NO2'56'18"W
59.96
L27
S$7'03'42"W
5.00
L28
NO2'56'18"W
5.00
L29
N87'03'42"E
5.00
L3Q
NO2'56'18"W
60.00
L31
587'03'42"W
5.00
L32
NO2'56'18"W
5.00
L33
N87b3'42"E
5.00
L34
NO2'56'18"W
60.00
L35
587'03'42"W
5.00
L36
NO2'S6'18"W
5.00
L37
N87'03'42"E
5.00
L38
N0256'18"W
25.00
L39
N87'03'42"E
10.00
52.15
Line Table
Line �
Direction
Length
L21
S87'03'42"W
10.00
L22
NO2'56'18"W
34.96
L23
587'03'42"W
5.00
L24
NO2'56'18"W
5.Q0
L25
N87'03'42"E
5.00
L26
NO2'56'18"W
59.96
L27
S$7'03'42"W
5.00
L28
NO2'56'18"W
5.00
L29
N87'03'42"E
5.00
L3Q
NO2'56'18"W
60.00
L31
587'03'42"W
5.00
L32
NO2'56'18"W
5.00
L33
N87b3'42"E
5.00
L34
NO2'56'18"W
60.00
L35
587'03'42"W
5.00
L36
NO2'S6'18"W
5.00
L37
N87'03'42"E
5.00
L38
N0256'18"W
25.00
L39
N87'03'42"E
10.00
3855 West Pointe Drive - 3885 West Pointe Drive
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BEAUMONT
TEXAS
TO: City Council
FROM: . Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution supporting Councilmember W.L.
Pate's candidacy for President -Elect of TML.
BACKGROUND
Councilmember W.L. Pate is a member of the Texas Municipal League (TML) and currently
serves as the President for TML Region 16. Councilmember Pate wishes to continue his service
to TML and has expressed an interest in serving as President -Elect of TML. Mr. Pate is asking
for a resolution of support from the City Council for his candidacy.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the Texas Municipal League, or TML, President is given the
responsibility of appointing individuals to serve on the TML Nominating Committee; and,
WHEREAS, the TML Nominating Committee will review applications and select
an individual to serve as President -Elect of TML; and,
WHEREAS, Councilmember W.L. Pate currently serves as President for TML
Region 16; and,
WHEREAS, Councilmember W.L. Pate has expressed an interest in serving as
President -Elect of TML;
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 Council of the City of Beaumont supports Councilmember W.L.
Pate's candidacy for President -Elect of TML.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 14, 2018 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
Presentations and Recognition
Public Comment: Persons may speak on scheduled agenda items 1-4/Consent
Agenda
Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance amending the FY 2018 Budget
2. Consider a resolution receiving the proposed FY 2019 Budget and scheduling a
public hearing
3. Consider a resolution receiving the proposed FY 2019 Capital Program and
scheduling a public hearing
4. Consider establishing and taking a record vote on the proposed 2018 tax rate and
schedule public hearings
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Brandon Bryant, Jr.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
1
August 14, 2018
Consider an ordinance amending the FY 2018 Budget
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officeel
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider an ordinance amending the FY 2018 Budget.
BACKGROUND
In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the
provisions of the budget as specified in the ordinance adopting the budget. He shall not
authorize or approve any expenditure unless an appropriation has been made in the budget
ordinance adopting the budget, and there is an available unencumbered balance of the
appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments
will ensure that expenditures are within the approved budget.
The details of the proposed amendments are as follows:
Internal Service Funds are funded through transfers from other funds and/or user fees
from the departments that they support. The General Liability Fund does not charge user
fees but relies solely on transfers to fund its operations. A transfer of $700,000 ($490,000
from the General fund, $140,000 from the Water Utilities Fund and $70,000 from the
Solid Waste Fund) is being proposed this fiscal year to strengthen the fund balance for
FY 2019. Also, the General Liability Fund is projected to exceed budgeted expenditures
by over $9,000 due to litigation expenses. A budget amendment in the amount of
$100,000 is being proposed to cover the overage and to appropriate an extra contingency
for any other continued litigation expenses or claims settled before the fiscal year end.
General Liability
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$5,000
$700,000
$705,000
Total Expenditures
$939,200
$100,000
$1,039,200
2. The Capital Reserve Fund charges user fees to the departments that purchase fleet
vehicles but relies on transfers from other funds to purchase equipment and building
improvements through this fund. A transfer of $1,810,000 is being proposed this fiscal
year to strengthen the fund balance for FY 2019. A transfer of $1,000,000 will come from
the Hurricane Ike Recovery Fund which has sufficient funds that were already
appropriated in the original budget. The remaining $810,000 will come from the General
Fund in the amount of $700,000 and from The Hotel Occupancy Tax Fund in the amount
of $110,000. Also, the Capital Reserve Fund is projected to exceed budgeted
expenditures by over $60,000. A budget amendment of $100,000 is being proposed to
cover that overage and to appropriate a contingency for any other unforeseen
expenditures that may occur.
Capital Reserve
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$3,024,400
$1,810,000
$4,834,400
Total Expenditures
$6,814,600
$100,000
$6,914,600
3. The Employee Benefits Fund is projected to exceed budgeted expenditures by over
$130,000 due to higher health claims than anticipated. A budget amendment in the
amount of $200,000 is being proposed to cover the overage and to appropriate a
contingency for any other unforeseen health claims that may occur.
Employee Benefits
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$22,741,900
$200,000
$22,941,900
4. The Henry Homberg Golf Course Fund is expected to fall short of budgeted revenues by
over $82,000'm' FY 2018 due to a wet spring and summer season, resulting in less play
than anticipated. In addition, the budget for FY 2019 anticipates expenditures in excess of
revenues. For these two reasons, a transfer of $300,000 is being proposed this fiscal
year to strengthen the fund balance for FY 2018 and 2019. This transfer will come from
the General Fund.
Henry Homberg
Golf Course Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$553,500
$300,000
$853,500
5. The Solid Waste Fund is projected to exceed budgeted expenditures by over $250,000
due to heavy equipment repairs in the landfill operations division. A budget amendment
in the amount $400,000 is being proposed to cover the overage, the transfer to the
General Liability Fund mentioned in item 1 and to appropriate an extra contingency for
any other unforeseen expenditures that may occur.
Solid Waste
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$11,875,000
$400,000
$12,275,000
6. The Municipal Airport Fund is projected to exceed budgeted expenditures by over
$450,000. In FY 2018, the City took over the FBO duties which were previously
contracted out. During this transition it was necessary to purchase capital assets to replace
those assets that were owned by the prior FBO for operational purposes. A budget
amendment in the amount of $500,000 is being proposed to cover the overage and to
appropriate a contingency for any other unforeseen costs that may occur.
Municipal Airport
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$789,700
$500,000
$1,289,700
7. The Hotel Occupancy Tax Fund is projected to exceed budgeted expenditures by over
$45,000 due to the purchase of a new vehicle which was not anticipated in the original
budget. The proposed 2019 Capital Program includes renovations to the Tyrrell
Community Building in the amount of $2.1 million to be funded from the Hotel Fund. A
budget amendment of $2,285,000 is being proposed to cover the overage, the transfer to
the Capital Reserve Fund mentioned in item 2, the transfer to the -General Improvements
Fund for the Tyrrell Community Building and to appropriate a contingency for any other
unforeseen expenditures that may occur.
Hotel Occupancy
Tax Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$2,691,700
$2,285,000
$4,976,700
8. The Water Utilities Fund has a proposed budget amendment in the amount of $140,000 to
appropriate funds that will be transferred to the General Liability Fund as mentioned in item
1.
Water Utilities
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$50,153,700
$140,000
$50,293,700
9. The General Fund has a proposed amendment in the amount of $1,490,000 to appropriate
funds that will be transferred to the Henry Homberg Golf Course, General Liability and
Capital Reserve Fund as mentioned in items 1, 2 and 4.
General Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$123,038,500
$1,490,000
$124,528,500
10. The Harvey Recovery Fund was created in response to the storm and was not considered
in the budget process for FY 2018. A budget amendment in the amount of $2.9 million is
proposed to cover the recovery costs projected to be incurred this fiscal year.
Harvey Recovery
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$0
$2,900,000
$2,900,000
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE
CITY OF BEAUMONT FOR THE FISCAL YEAR 2018 TO APPROPRIATE
ADDITIONAL REVENUES IN THE GENERAL LIABILITY, CAPITAL
RESERVE AND HENRY HOMBERG GOLF COURSE FUNDS; TO
APPROPRIATE ADDITIONAL EXPENDITURES IN THE GENERAL
LIABILITY, CAPITAL RESERVE, EMPLOYEE BENEFITS, SOLID
WASTE, MUNICIPAL AIRPORT, HOTEL OCCUPANCY TAX, WATER
UTILITIES, GENERAL AND HARVEY RECOVERY FUNDS; AND
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL.
WHEREAS, the City Charter of the City of Beaumont requires the City Manager
to strictly enforce the provisions of the budget and not authorize or approve any
expenditure unless an appropriation has been made in the budget ordinance adopting
the budget and there is an available unencumbered balance of the appropriation
sufficient to pay the liability to be incurred; and,
WHEREAS, it is necessary to amend the FY 2018 budget to ensure that
appropriations are sufficient to ensure that expenditures are authorized within the
approved budget;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2017, be and the same is hereby amended to appropriate
additional revenues and expenditures in the General Liability Fund as shown below:
General Liability
Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Revenues
$5,000
$700,000
$705,000
Total Expenditures
$939,200
$100,000
$1,039,200
0antinn
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2018, be and the same is hereby amended to appropriate
additional revenues and expenditures in the Capital Reserve Fund as shown below:
Capital Reserve
Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Revenues
$3,024,400
$1,810,000
$4,834,400
Total Expenditures
$6,814,600
$100,000
$6,914,600
Section 3.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2018, be and the same is hereby amended to appropriate
additional expenditures in the Employee Benefits Fund as shown below:
Employee
Benefits Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Expenditures
$22,741,900
$200,000
$22,941,900
Section 4.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2018, be and the same is hereby amended to appropriate
additional revenues in the Henry Homberg Golf Course Fund as shown below:
Henry Homberg
Golf Course Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Revenues
$553,500
$300,000
$853,500
Section 5.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2018, be and the same is hereby amended to appropriate
additional expenditures in the Solid Waste Fund as shown below:
Solid Waste
Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Expenditures
$11,875,000
$450,000
$12,325,000
Section6.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2018, be and the same is hereby amended to appropriate
additional expenditures in the Municipal Airport Fund as shown below:
Municipal Airport
Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Expenditures
$789,700
$500,000
$1,289,700
Section 7.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2018, be and the same is hereby amended to appropriate
additional expenditures in the Hotel Occupancy Tax Fund as shown below:
Hotel Occupancy
Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Expenditures
$2,691,700
$2,285,000
$4,976,700
Section 8.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2018, be and the same is hereby amended to appropriate
additional expenditures in the Water Utilities Fund as shown below:
Water Utilities
Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Expenditures
$50,153,700
$140,000
$50,293,700
Rarfinn A
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2018, be and the same is hereby amended to appropriate
additional expenditures in the General Fund as shown below:
General Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Expenditures
$123,038,500
$1,490,000
$124,528,500
RPrtinn i n
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2017 through September 30, 2018, be and the same is hereby amended to appropriate
additional expenditures in the Harvey Recovery Fund as shown below:
General Fund
Original Budget
Proposed
Amendment
Amended Budget
Total Expenditures
$0
$2,900,000
$2,900,000
Section 11.
That if any section, subsection, sentence, clause or phrase of this ordinance or
the application of same to a particular set of persons or circumstances should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance and, to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 12.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
2
August 14, 2018
Consider a resolution receiving the proposed FY 2019 Budget and. scheduling a public hearing
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer --;�/
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution receiving the proposed FY 2019
Budget and scheduling a public hearing.
BACKGROUND
Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the
Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4
requires Council to schedule a public hearing on the proposed budget.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
The \Administration recommends that a public hearing be held on August 28, 2018, at 1:30 p.m.
in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the
public hearing.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2019 Budget has been received and a public hearing is hereby
scheduled for August 28, 2018 at 1:30 PM in the City Council Chambers, City Hall, 801
Main Street, Beaumont, Texas; and,
BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said
hearing pursuant to the Charter of the City of Beaumont.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
August 14, 2018
Consider a resolution receiving the proposed FY 2019 Capital Program and scheduling a public
hearing
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer AV
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider a resolution receiving the proposed 2019 Capital
Program and scheduling a public hearing.
BACKGROUND
The proposed 2019 Capital Program was originally submitted to Council on May 15, 2018.
Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the
proposed Capital Program.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
The Administration recommends that a public hearing be held on August 28, 2018, at 1:30 p.m.
in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the
public hearing.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2019 Capital Program has been received and a public hearing
is hereby scheduled for August 28, 2018 at 1:30 PM in the City Council Chambers, City
Hall, 801 Main Street, Beaumont, Texas; and,
BE IT FURTHER RESOLVED THAT the City Clerk is to publish notice of said
public hearing pursuant to the Charter of the City of Beaumont.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -
F1
August 14, 2018
Consider establishing and taking a record vote on the proposed 2018 tax rate and schedule public
hearings
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer'4
MEETING DATE: August 14, 2018
REQUESTED ACTION: Council consider establishing and taking a record vote on the
proposed 2018 tax rate and schedule public hearings.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws
in adopting their tax rate and requires the governing body to hold two public hearings when the
proposed tax rate exceeds the lower of the rollback rate or the effective rate.
Administration recommends Council establish a tax rate required to support the City Manager's
proposed budget equal to the tax rate of $0.71/$100 of valuation. In accordance with Chapter
26 of the Property Tax Code, if the proposed rate exceeds the lower of the rollback rate of
$.760328/$100 or the effective tax rate of $.709457/$100, the City Council must take a record
vote to place the proposal to adopt the rate on the agenda of a future meeting. The effective tax
rate is the rate that would produce the same amount of taxes in FY 2019 as was produced in FY
2018 if it was applied to the same properties taxed in both years. The proposed tax rate of
$0.710000/$100 exceeds the effective tax rate of $.709457/$100 by $.000543/$100 or 0.08%. If
the motion passes, two public hearings must be scheduled. It is recommended that the public
hearings be held on August 28, 2018 and September 11, 2018 at 1:30 p.m. in the Council
Chambers.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
The Administration recommends that a public hearing be held on August 28, 2018, at 1:30 p.m.
in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the
public hearing.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the 2018 tax rate is proposed to be $0.71; and,
BE IT FURTHER RESOLVED THAT the dates of August 28, 2018 and
September 11, 2018 be and the same are hereby set as the dates at which the City
Council will conduct public hearings on the proposed tax rate. The meetings will be
held in the City Council Chambers, City Hall, 801 Main Street, Beaumont, Texas at 1:30
PM August 28, 2018 and September 11, 2018 at which times the Council will receive
public comment on the proposed tax rate of $0.71; and,
BE IT ALSO RESOLVED THAT the City Clerk is to publish notice of said public
hearing pursuant to V.T.C.A., Tax Code §26.06.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
- Mayor Becky Ames -