HomeMy WebLinkAboutPACKET NOV 20 2001 K,
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 20, 2001 1:30 P.M.
AGENDA
OPENING
• Invocation Pledge Roll Call
• Presentations and Recognition
• Public Comment: Persons may speak on scheduled agenda items
• Consent Agenda
GENERAL BUSINESS
1. Consider a request for the annexation of one area east of the City of Beaumont totaling
760.71 acres, more or less.
2. Consider a resolution authorizing the City Manager to execute an Inter-Local
Agreement with Jefferson County for rehabilitation and widening of Brooks Road
from Fannett Road to IH-10.
3. Consider authorizing the City Manager to execute an Industrial District Contract with
PD Glycol.
4. Consider authorizing the City Manager to execute Industrial District Contracts with
Martin Gas Sales and Neches Industrial Park.
5. Consider a request to amend the 1999 Consolidated Grant Program to reprogram funds
for the Downtown Beautification Program
COMMENTS
• Councilmembers comment on various matters
• Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Beaumont Professional Firefighters' Local 399
Janice Haynes v. City of Beaumont, et al
* Consider matters related to employment, evaluation and duties of a public officer or
employee in accordance with Section 551.074 of the Government Code:
City Manager, City Attorney and City Clerk
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting.
1
Council consider a request for the annexation of one area east of the City of Beaumont totaling
760.71 acres, more or less
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: November 20, 2001
AGENDA MEMO DATE: October 30, 2001
REQUESTED ACTION: Council consider a request for the annexation of one area east of the
City of Beaumont totaling 760.71 acres, more or less.
RECOMMENDATION
The Administration recommends approval of the annexation of one area east of the City of
Beaumont totaling 760.71 acres,more or less.
BACKGROUND
The City of Beaumont is considering the annexation of one area of land east of the current city limits:
Area 1 - located along the west bank of the Neches River, extending in a northerly
direction from the corporate limits at the KCS railroad right-of-way to a point
east of Washington Blvd. if extended east to the Neches River and containing
760.71 acres,more or less.
The City of Beaumont is annexing this area for the following reasons:
1. Doing so will add to the economic stability of the City by ensuring that it has an
adequate tax base to provide the necessary services to its residents.
2. It is the City's desire to regulate the extent and quality of development within the areas
proposed for annexation. This will enable the City of Beaumont to plan and control the
areas' development so that it will enhance and not detract from the City.
3. To protect environmentally sensitive areas and to better regulate the quality of
development in the area.
r
BUDGETARY IMPACT
None.
PREVIOUS ACTION
The first hearing for the proposed annexation was held on October 22, 2001 with the Planning
Commission and City Council. No action by the Planning Commission was required.
The second hearing for the proposed annexation was held on October 29, 2001 with the Planning
Commission and City Council. The Planning Commission voted 5-2 to approve a request for the
annexation of one area east of the City of Beaumont totaling 760.71 acres, more or less.
SUBSEQUENT ACTION
None. .
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a request for request for the annexation of one area east of the City of Beaumont
totaling 760.71 acres, more or less.
ORDINANCE NO.
ENTITLEDAN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED
TERRITORY TO THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS,AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS
TO INCLUDE THE SAID PROPERTY WITHIN THE CITY LIMITS, AND
GRANTING THE SAID TERRITORYAND TO ALL INHABITANTS THEREOF
ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS; AND
BINDING SAID INHABITANTS BY ALL OF THE ACTS AND ORDINANCES
OF SAID CITY.
WHEREAS, two(2)public hearings were held concerning the proposed annexation
of the territory described in Exhibit "A" attached hereto for all purposes. Said public
hearings were held on October 22 and October 29, 2001 with the Planning Commission
and City Council. At the public hearings, all interested persons were provided an
opportunity to be heard; and,
WHEREAS, such public hearings were held not more than forty (40) days nor less
than twenty (20) days prior to the institution of annexation proceedings; and,
WHEREAS, notices of such public hearings were published in the newspaper
having general circulation in the City of Beaumont, Texas not more than twenty (20) nor
less than ten (10) days prior to such hearings; and,
WHEREAS, the territory lies adjacent to and adjoins the present boundaries of the
City of Beaumont, Texas;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY OF BEAUMONT:
Section 1.
THAT the land and territory lying adjacent to and adjoining the present boundaries of the
City of Beaumont, Texas and described in Exhibit "A" attached hereto and made a part
hereof for all purposes, is hereby added and annexed to the City of Beaumont, Texas; said
territory shall hereinafter be included within the boundary limits of the City of Beaumont,
Texas;the present boundary limits of such City at the various points contiguous to the area
hereinafter described in Exhibit "A" are altered and amended so as to include said area
within the corporate limits of the City of Beaumont, Texas.
Section 2.
The described territory in the area so annexed shall be a part of the City of Beaumont,
Texas, and the inhabitants thereof, if any, shall be entitled to all the rights and privileges
of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations
of the City of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
20th day of November, 2001
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this
the day of , 2001.
- Mayor-
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
Annexation -Area 1 760.71 acres+
Being a 760.71 acre tract, more or less, out of parts of the Pelham Humphreys (aka Pilham
Humphries) - Ab. 32, W. P. H. McFaddin - Ab. 689, Pierra Lemane - Ab. 163, Jeff and
James Chaison - Ab. 435, Beaty, Seale and Forwood - Ab. 392 and D. Brown - Ab. 5
Surveys, Jefferson County, Texas, and more particularly described as follows:
For Place of Beginning start at a point on the easterly right-of-way line of the K.C.S.
Railroad,same being in the city limits line of the City of Beaumont, said point also being in
the north line of the Amoco 465 acre tract and being in the Pelham Humphreys Survey,Ab-
32; thence northeast along the city limits line and the north line of the said Amoco tract a
distance of 2,730.3 ft.to a point,and continuing in an easterly direction another 3,257.86 ft.
to a point on the southwesterly bank of the Neches River;thence east to a point in the center
of the Neches River,same being the political boundary line of Jefferson County and Orange
County;
THENCE following the meanderings of the Neches River along the center of the river in a
northerly, southerly,northerly and northwesterly direction for 15,900 ft.,more or less, to a
point for corner in the center of the river,thence south to a point on the southerly bank of the
Neches River; thence continuing south along the west lines of Blocks 6 and 9 of the
Cartwright and Roberts`B"Subdivision to a point in the south line of the D.Brown Survey,
Ab-5;thence east along the south line of the D.Brown Survey and the south line of the C and
R`B" Subdivision to a point 1,000 ft. west of the southerly bank of the Neches River;
THENCE in a southerly,northerly,westerly and southerly direction along a line that is 1,000
ft.west of and parallel with the Neches River a distance of 9,514 ft.,more or less,to a point
for corner in the Union Canal Levee; thence southwest along the north side of the Union
Canal Levee a distance of 3,217 ft.,more or less,to a point;thence southwest a distance of
1,758 ft., more or less, to a point of intersection of the most easterly point of the James A.
Veatch Survey, the most southerly southeast corner of the Jeff and James Chaison Survey
and 390.16 ft. south of the most northwest corner of the Pelham Humphreys Survey;thence
southwest 45° a distance of 1,683.74 ft.to a point in the easterly line of the K.C.S. Railroad
right-of-way, being in the corporate limits line of the City of Beaumont, Texas; thence
southeast along the K.C.S. Railroad right-of-way and the city limits to the Place of
Beginning, containing 760.71 acres, more or less.
EXHIBIT "A"
g Proposed Annexation
Legend
City of Beaumont, TX
Area to be Annexed
.� Area to be Annexed
tl Existing Corporate Boundaries
j' ---- Beaumont City Limits
------- Other City Limits
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{ Planning Division September 2001
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2
Council consider a resolution authorizing the City Manager to execute an Inter-Local Agreement
with Jefferson County for rehabilitation and widening of Brooks Road from Fannett Road to
IH-10
City of Beaumont
Council A ends Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: November 13, 2001
AGENDA MEMO DATE: November 20, 2001
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an Inter-Local Agreement with Jefferson County for
rehabilitation and widening of Brooks Road from Fannett Road to
IH-10.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Manager to execute an
Inter-Local Agreement with Jefferson County for rehabilitation and widening of Brooks Road from
the Santa Fe Railroad tracks to I11-10.
BACKGROUND
Brooks Road from the Santa Fe Railroad tracks to 111-10 is constructed with a 6-inch flexible base
(shell/limestone) and an asphalt surface. Although this street design is sufficient for normal
vehicular traffic, the construction of the Entertainment Complex has significantly increased the
amount of truck traffic on this section of the roadway. As a result of this increase in truck traffic,
the roadway is now in need of rehabilitation.
During discussions with Jefferson County's Engineering Department, it was recommended that
the County and City enter into an Inter-Local Agreement that would provide for the rehabilitation
of this section of Brooks Road. Additionally, due to the projected traffic volumes on Brooks Road
when the complex becomes operational, the addition of a left turn lane and right turn lane into the
complex were also recommended as a part of the agreement. The Inter-Local Agreement would
provide for the County to furnish the labor and the City to furnish the materials.
BUDGETARY IMPACT
The estimated cost of the project $212,000, of which $166,00 is for materials and $46,000 for
labor. Funds are available in the Street Maintenance Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the City Manager to execute an Inter-Local Agreement
with Jefferson County for the rehabilitation of Brooks Road from the Santa Fe Railroad tracks to
IH-10.
JeffCoBrooksRdsk.wpd
November 14,2001
THE STATE OF TEXAS I
I INTERGOVERNNVIENTAL AGREEMENT
COUNTY OF JEFFERSON
WITNESSETH :
WHEREAS, the City of Beaumont has streets, roads and ditches which require
maintenance which, at times, exceeds temporarily the ability of the City of Beaumont to promptly
supply; and
WHEREAS, the capacity of Jefferson County to supply maintenance to streets, road and
ditches, at times, temporarily exceeds it capacity; and,
WHEREAS,the parties recognize that cooperation between the governmental agencies
will provide better service to the public at reduced expense;
NOW, THEREFORE, the City of Beaumont and the County of Jefferson hereby agree as
follows:
1. The City and County shall jointly participate in the rehabilitation and widening of
Brooks Road from the Sante Fe Railroad tracks to IH-10.
2. The County shall be responsible for preparing engineering plans and for the labor and
equipment to rehabilitate the road has described in the attached Exhibit identified as Jefferson
County Engineering Estimate for Brooks Road.
3. The City shall be responsible for providing the necessary materials to construct the
roadway as described in the attached Exhibit identified as Jefferson County Engineering Estimate
for Brooks Road.
4. This agreement shall remain in full force and effect until the rehabilitation of and
widening of Brooks Road is complete to the satisfaction of the City and County.
5. Neither the City, its agents, employees nor any other person operating under this
agreement shall be deemed an agent or employee of the County, and the County shall not be liable
for the contracts or tortious conduct of any such persons.
6. Neither the County, its agents, employees nor any other person operating under this
agreement shall be deemed an agent or employee of the City, and the City shall not be liable for
the contracts or tortious conduct of any such persons.
EXECUTED on behalf of the City of Beaumont by its City Manager on the
day of 12001.
EXECUTED on behalf of Jefferson County by its County Judge on the
day of 2001.
APPROVED: APPROVED:
JEFFERSON COUNTY: CITY OF BEAUMONT
Carl Griffith, County Judge Stephen J. Bonczek, City Manager
ATTEST:
County Clerk Barbara Liming, City Clerk
Jefferson County, Texas City of Beaumont
THE STATE OF TEXAS
I INTERGOVERNMENTAL AGREEMENT
COUNTY OF JEFFERSON I
WITNESSETH :
WHEREAS, the City of Beaumont has streets, roads and ditches which require
maintenance which, at times, exceeds temporarily the ability of the City of Beaumont to promptly
supply; and
WHEREAS, the capacity of Jefferson County to supply maintenance to streets,road and
ditches, at times, temporarily exceeds it capacity; and,
WHEREAS, the parties recognize that cooperation between the governmental agencies
will provide better service to the public at reduced expense;
NOW, THEREFORE, the City of Beaumont and the County of Jefferson hereby agree as
follows:
1. The City and County shall jointly participate in the rehabilitation and widening of
Brooks Road from the Sante Fe Railroad tracks to IH-10.
2. The County shall be responsible for preparing engineering plans and for the labor and
equipment to rehabilitate the road has described in the attached Exhibit identified as Jefferson
County Engineering Estimate for Brooks Road. Such road shall meet or exceed the City's
standards for a road such as Brooks Road in the City's Street and Highway Plan.
3. The City shall be responsible for providing the necessary materials to construct the
roadway as described in the attached Exhibit identified as Jefferson County Engineering Estimate
for Brooks Road.
4. This agreement shall remain in full force and effect until the rehabilitation of and
widening of Brooks Road is complete to the satisfaction of the City and County. After completion
of the road, the City shall assume responsibility for it maintenance.
5. All payments made by either party to this agreement shall be from current revenues
available to the party. Both parties agree that the compensation to them under this agreement is
fair compensation for the expenditures made in fulfilling the obligations of this agreement.
6. Neither the City, its agents, employees nor any other person operating under this
agreement shall be deemed an agent or employee of the County, and the County shall not be liable
for the contracts or tortious conduct of any such persons.
a
7. Neither the County, its agents, employees nor any other person operating under this
agreement shall be deemed an agent or employee of the City, and the City shall not be liable for
the contracts or tortious conduct of any such persons.
EXECUTED on behalf of the City of Beaumont by its City Manager on the
day of , 2001.
EXECUTED on behalf of Jefferson County by its County Judge on the
day of , 2001.
APPROVED: APPROVED:
JEFFERSON COUNTY: CITY OF BEAUMONT
Carl Griffith, County Judge Stephen J. Bonczek, City Manager
ATTEST:
County Clerk Barbara Liming, City Clerk
Jefferson County, Texas City of Beaumont
JEFFERSON COUNTY ENGINEERING
ESTIMATE
iniiorn�ation
Name Brooks Road RehabdRation IM-10 to Fann/it Road Date 10/082001
Pr+oj,diet. 1470 Fed or 278 Mile
Cily Beaumont
Into 2-Lane±q!.to 2-Ln witfi Left Tum Ln i A=CecmL Ln.
_t?tjr Unft Dosaiption Unit Prise TOTAL
AAtph*k Roadway Coers
1 LS -Mbweilaneous CC .Stripin8,etc. $15,000.00 s16,000.00
8%OF TOTAL COSTS.
1 LS "SURVEYING AND LAYOUT 621300.00 $2.500.04
2 AC "PREP ROPY(remove small trees,etc tram East side) $7,500-00 $15,000.00
3590 SY "REMV STS BS AND/OR ASPH PAV(CL2)(44r) s300 $10,770.00
7000 SY FLExlBLE BASE-12"LIMESTONE $12.00 $64,000.00
7000 SY UME TREAT SUBGR(OC)r $200 $14,000-00
1200 TON 3.0"TYPE"0'ASPHALT 640.00 $48.000.00
2174 CY —EXCAVATION DITCHES S4-00 $8,696.00
2174 CY "EMBANKMENT 54.00 68,896.00
3000 GAL ASPH MATL(MC-30 OR AE-P) $1.50 $4,500.00
TOTAL: $211,16`2A0
(C" Material- $165 sm-00
County+Labo 545,66200
'The City of Beaumont may be M a posiilon to provide thr.
"The County to proNde this work
The Couniv•.o aba provide the averail labor&eauivment to build road
6:�Iwrl'lX ER«e■Y�e+Mt
3
Council consider authorizing the City Manager to execute an Industrial District Contract with PD
Glycol
I
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kyle Hayes, Economic Development Director
MEETING DATE: November 20, 2001
AGENDA MEMO DATE: November 15, 2001
REQUESTED ACTION: Consider authorizing the City Manager to execute an Industrial
District Contract with PD Glycol.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to execute
an Industrial District Contract with PD Glycol.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The contract with PD Glycol will be for seven years beginning January 1, 2002. The in-lieu of
tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry
were located within the city limits in 2002-2004 and 75% of property taxes due to the City in
2005-2008. The 2002 payment by PD Glycol will be$227,067. Payments will be due to the City
by February the 1't of each year.
BUDGETARYIMPACT
Industrial payments are estimated to total $11,728,700 in FY 2002 which are approximately 17%
of the General Fund revenues.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Economic Development Director.
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to execute an Industrial District Contract with PD
Glycol.
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation
and a home-rule city located in Jefferson County,Texas, hereinafter called"CITY,"and PD
Glycol, a Texas Limited Partnership, its subsidiaries and affiliates, hereinafter called
"COMPANY."
PREAMBLE
WHEREAS, the City has established an industrial district comprising a certain part
of the extraterritorial jurisdiction of the City, such industrial district being known as the City
of Beaumont Industrial District.
WHEREAS, Company owns land and/or improvements within the City of Beaumont
Industrial District which are a part of the manufacturing, industrial, and refining facilities of
said Company.
WHEREAS, the Company recognizes the benefits of this Agreement and an
obligation to contribute to the revenue needs of said City in an amount commensurate with
the burdens placed upon the City by reason of being located immediately adjacent to said
City and benefits derived by the Company by reason of being located within the Industrial
District.
In view of the above and foregoing reasons, and in consideration of the mutual
S:IKYLE\PD GLYCOL-10-01 1 / 10
agreements herein contained, Company and City hereby agree as follows:
ARTICLE I.
COMPANY'S OBLIGATION
A. Annual Payment. Commencing with the calendar year 2002 and each calendar
year thereafter for the duration of this Agreement, the Company will pay the City a certain
sum which will be computed on the assessed value of the Company's facilities and
property, real, personal, and mixed located on Company's land covered by this Agreement
(herein referred to as the "Properties").
B. By the term "Assessed Value" is meant the 100% valuation of the PD Glycol
Properties, as determined by the Jefferson County Appraisal District for ad valorem tax
purposes.
C. The term"Assumed City Taxes Due"shall be calculated by the following formula:
Assessed Value divided by 100 x the current ad valorem tax rate
adopted by City Council of City = Assumed City Taxes due.
D. Payment Procedures
(1) The payment for 2002 shall be in the amount of$227,067 and
shall be due and payable on or before February 1, 2002. The
2002 payment is calculated as follows:
S:\KYLE\PD GLYCOL-10-01 2 / 10
Assumed City Taxes Due:
$44,698,270 / 100 X 0.635 = $283,834
Year 1 80% of Assumed City Taxes Due = $227,067
Each October thereafter, the Finance Officer of the City shall obtain the current
Assessed Values set by the Jefferson County Appraisal District for the Company's
Properties having taxable situs within the areas described in this Agreement. For example,
in October 2003, the 2003 Assessed Values shall be used in calculating the payment due
February 1, 2004.
If the Assessed Values of the Properties for a tax year are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the
most recent certified Assessed Values of the Properties by the Jefferson County Appraisal
District. The Company shall notify the City following resolution of the Assessed Value
question and an adjustment for the payment,without interest,will be made within thirty(30)
days following such resolution.
(2) After the Assessed Value of the Company's Properties have been determined,
the annual payment due shall be calculated in accordance with the following schedule:
SAKYLEXPD GLYCOL-10-01 3 / 10
The 2003 and 2004 annual payments shall be eighty percent(80%)of Assumed
City Taxes Due.
The 2005 through 2008 annual payments shall be seventy-five percent (75%)
of Assumed City Taxes Due.
(3) City hereby agrees to bill Company for annual payments due hereunder on or
before ,January 1 each year. Company shall pay such amount to City on or before
February 1 each year. Upon receiving the annual payment due, the Finance Officer of the
City shall issue an official receipt of said City acknowledging full,timely,final and complete
payment due by said Company to City for the Properties involved in this Agreement for the
year for which such payment is made. If payment is not made on or before any due date,
the same penalties, interest, attorneys' fees and costs of collection shall be recoverable
by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if
payment is not timely made, all payments which otherwise would have been paid to the
City had Company been in the city limits of City will be recaptured and paid to the City
within sixty (60) days of any such event.
ARTICLE II.
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument
shall govern and affect the Properties of Company (facilities, real, personal, and mixed)
located on Company's real property which are within the extra-territorial jurisdiction of the
City of Beaumont.
S:\KYLE\PD GLYCOL-10-01 4 / 10
ARTICLE III.
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any
person or entity. As to payments due under this Agreement no such sale shall reduce the
amount due the City under this Agreement until the purchaser of such facility has entered
into an Agreement in lieu of taxes with the City that provides for a continuation of payments
to the City as if no such sale had been made. It is the intent of the parties that no sale of
any of Company's facilities will affect the amount to be paid to the City under this
Agreement.
ARTICLE IV.
CLOSURE OF FACILITY
Company shall notify City of any plans to permanently close Company's facility at
least nine months prior to the end of the calendar year. Permanent closure of Company's
facility shall terminate Company's obligation to make payments in lieu of tax under this
Agreement effective January 1s' of the year immediately following provided that the
Company gave timely notification to the City that it intends to permanently close the facility
at least nine months prior to such January 1s` date. It is the intent of the Parties that no
payment of an in lieu of amount would be due in February of the year immediately following
the year in which Company notified City of its intent to permanently close the facility so
long as notification of such closure is given to the City at least nine months prior to the end
of the calendar year.
S:\KYLE\PD GLYCOL-10-01 5 / 10
ARTICLE V.
CITY'S OBLIGATIONS
A. City agrees that it will not annex, attempt to annex or in anyway cause or permit
to be annexed any portion of lands or facilities or Properties of said Company covered by
this Agreement for the period of the Agreement except as follows:
(1) If the City determines that annexation of all or any part of the Properties
covered bythis Agreement belonging to said Company is reasonably necessaryto promote
and protect the general health, safety and welfare of persons residing within or adjacent
to the City, the City will notify Company in accordance with State law of the proposed
annexation. In the event of such annexation, Company will not be required to make further
payment under this Agreement for any calendar year commencing after such annexation
with respect to the property so annexed, but shall nevertheless be obligated
to make full payment for the year during which such annexation becomes effective if the
annexation becomes effective after January 1 st of said year.
(2) In the event any municipality otherthan the City attempts to annex separately
or in the event the creation of any new municipality shall be attempted so as to include
within its limits any land which is the subject matter of this Agreement, City shall, with the
approval of Company, seek immediate legal relief against any such attempted annexation
or incorporation and shall take such other legal steps as may be necessary or advisable
under the circumstances with all cost of such action being borne equally by the City and
by the said Company or Companies with the Company's portion allocated on the basis of
Assessed Values.
S:\KYLE\PD GLYCOL-10-01 6 / 10
(3.) If the Company notifies the City that it intends to permanently close the
facility at least nine months prior to the end of the calendar year, the City shall have the
right to annex the property effective as of December 31" of the year in which such
Company notification is made. In the event of such timely notification by Company and
subsequent annexation by the City, the Company in accordance with Article IV of this
Agreement will make no further payment to the City under this Agreement.
B. The City further agrees that during the term of this Agreement, there shall not
be extended or enforced as to any land and property of Company within said City of
Beaumont Industrial District,any rules, regulations,or any other actions: (a)seeking in any
way to control the platting and subdivisions of land, (b)prescribing any buildings,electrical,
plumbing or inspection standards or equipment, or(c) attempting to regulate or control in
any way the conduct of Company's activities, facilities or personnel thereof.
C. It is understood and agreed that during the term of this Agreement or any
renewals thereof, the City shall not be required to furnish any municipal services to
Company's Properties located within the City of Beaumont Industrial District; provided,
however, City agrees to furnish fire protection to Company should such protection be
requested by Company in the event an unusual emergency situation occurs.
SAKYLE M GLYCOL-10-01 7 / 10
ARTICLE VI.
TERMINATION OR BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the
parties and that, therefore, in addition to any action at law for damages which either party
may have, Company may enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and may obtain
such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached
by Company, the City shall be entitled, in addition to any action at law for damages, to
obtain specific performance of this Agreement and such other equitable relief necessary
to enforce its rights.
ARTICLE VII.
AFFILIATES
The benefits accruing to Company under this Agreement shall also extend to
Company's"affiliates"and to any Properties owned or acquired by said affiliates within the
area owned by Company, and where reference is made herein to the Properties owned by
Company, that shall also include land, property and improvements owned by its affiliates.
The word "affiliates" as used herein shall mean all companies with respect to which
Company directly or indirectly, through one or more intermediaries at the time in question,
owns or has the power to exercise the control over fifty percent(50%)or more of the stock
having the right to vote for the election of directors.
ARTICLE VIII.
S:UCYLEIPD GLYCOL-10-01 8 / 10
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1,
2002, and ending on December 31, 2008.
ARTICLE IX.
NOTICES
Any notice provided for in this Agreement, or which may otherwise be required by
law, shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
City Manager PD Glycol
City of Beaumont c/o Equistar Chemicals, LP
801 Main P.O. Box 3646
P. O. Box 3827 Houston, Texas 77253
Beaumont, Texas 77704
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder
prior to such adjudication, and this provision is intended to be an independent and
separable provision not to be affected by such adjudication.
IN WITNESS THEREOF, this Agreement, consisting of 10 pages is executed in
duplicate counterparts as of this day of , 2001.
SAKYLEPD GLYCOL-10-01 9 / 10
CITY OF BEAUMONT, TEXAS
By:
Stephen J. Bonczek
City Manager
ATTEST:
Barbara Liming
City Clerk
PD Glycol
By:
ATTEST:
SAKYLE\PD GLYCOL-10-01 10 / 1 0
4
Council consider authorizing the City Manager to execute Industrial District Contracts with
Martin Gas Sales and Neches industrial Park
1175 City of Beaumont
NW_
M EL
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kyle Hayes, Economic Development Director
MEETING DATE: November 20, 2001
AGENDA MEMO DATE: November 15, 2001
REQUESTED ACTION: Consider authorizing the City Manager to execute Industrial District
Contracts with Martin Gas Sales and Neches Industrial Park.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to execute
Industrial District Contracts with Martin Gas Sales and Neches Industrial Park.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The contracts with Martin Gas Sales and Neches Industrial Park will be for seven years beginning
January 1, 2002. The in-lieu of tax payment by Martin Gas Sales will be based on a ratio of 80%
of property taxes due to the City as if the industry were located within the city limits in 2002-2004
and 75% of property taxes due to the City in 2005-2008. The 2002 payment by Martin Gas Sales
will be $48,670. Payments will be due to the City by February the Vt of each year.
The contract with Neches Industrial Park will provide for a flat payment over the seven-year
period in the amount of$18,250. The payment based on 80%of value($30,480)will be reduced
to reflect the City's reimbursement of half the cost of a new water line which Neches Industrial
Park paid for in the amount of$170,000.
The City Council will consider the first reading of the ordinance to annex the above properties
during the City Council meeting on November 20, 2001. Staff is hopeful that contracts will be
finalized with the said companies before the Council meeting or shortly thereafter.
BUDGETARYIMPACT
Industrial payments are estimated to total$11,728,700 in FY 2002 which are approximately 17%
of the General Fund revenues.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Economic Development Director.
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to execute an Industrial District Contract with PD
Glycol.
THE STATE OF TEXAS §
COUNTY OF JEFFERSON § DRAFT
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation
and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and
Martin Gas Sales, its parent, subsidiaries and affiliates, hereinafter called "COMPANY."
PREAMBLE
WHEREAS, Company owns land and improvements which are a part of the
manufacturing, industrial, and refining facilities of said Company. The City has established
an industrial district comprising a certain part of the extra-territorial jurisdiction of the City,
such industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an
obligation to contribute to the revenue needs of said City in an amount commensurate with
the burdens placed upon the City and benefits derived by the Company by reason of being
located immediately adjacent to said City.
WHEREAS,the Company and the City desire to base the industrial district payment
on assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
SAKYLE\martin gas.wpd 1 / 7
ARTICLE I.
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2002 and each calendar year thereafter for
the duration of this Contract, the Company will pay the City a certain sum which will be
computed on the assessed value of the Company's facilities and property, real, personal,
and mixed located on Company's land covered by this contract. (Herein "the properties")
2. By the term "Assessed Value" is meant the 100% valuation of the Martin Gas
Sales properties, as determined by the Jefferson County Appraisal District forthe previous
tax year.
3. The term "assumed City taxes due"shall be calculated by the following formula:
Assumed City Taxes Due:
$9,580,720 / 100 X 0.635 = $60,838
Year 1 80% of Assumed City Taxes Due = $48,670
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2002 shall be in the amount of$48,670 and shall be due and
payable on or before February 1, 2002.
Each October thereafter, the Finance Officer shall obtain the most recent
assessed values as set by the Jefferson County Appraisal District for the Company's
properties, real, personal and mixed, having taxable situs within the areas described in this
agreement;for example, in October, 2002,the 2002 assessed values shall be used for the
February 1, 2003 payment.
SAKYLE marlin gas.wpd 2 / 7
If the assessed values for the period required are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the
most recent certified values from the Jefferson County Appraisal District. The Company
shall notify the City following resolution of the appraised value question and an adjustment
for the payment, without interest, will be made within thirty (30) days following such
resolution.
(b) After the assessed value of the Company's properties have been determined,
the payments due hereunder shall be calculated in accordance with the following schedule:
The 2003 and 2004 payments shall be 80% of assumed City taxes due.
The 2005 - 2008 payments shall be 75% of assumed City taxes.
(c) City hereby agrees to bill Company for its payments due hereunder on or
before January 1 each year. Company shall pay to City the amount billed on or before
February 1 each year. Upon receiving the final payment, the Finance Officer shall issue
an official receipt of said City acknowledging full, timely, final and complete payment due
by said Company to City for the property involved in this Agreement for the year in which
such payment is made. If payment is not made on or before any due date, the same
penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City
as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is
not timely made, all payments which otherwise would have been paid to the City had
Company been in the City limits of City will be recaptured and paid to the City within 60
days of any such event.
SAKYLE\martin gas.wpd 3/ 7
ARTICLE II.
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument
shall govern and affect the properties of Company (facilities, real, personal, and mixed)
located on Company's real property as shown on the records of the Jefferson County
Appraisal District which are within the extra-territorial jurisdiction of the City of Beaumont.
ARTICLE III.
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any
person or entity. It is the intent of the parties that no sale of any of Company's facilities will
affect the amount to be paid to the City as provided under this Agreement. Accordingly
and as to payments due under this contract no such sale shall reduce the amount due the
City underthis contract until the purchaser of such facility has entered into a contract in lieu
of taxes with the City that provides for a continuation of like payments to the City.
ARTICLE IV.
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in anyway cause or permit
to be annexed any portion of lands or facilities or properties of said Company covered by
this Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties
covered bythis Agreement belonging to said Company is reasonably necessaryto promote
and protect the general health, safety and welfare of persons residing within or adjacent
to the City, the City will notify Company in accordance with State law of the proposed
annexation. In the event of such annexation, Company will not be required to make further
payment under this Agreement for any calendar year commencing after such annexation
with respect to the property so annexed, but shall nevertheless be obligated to make full
SAKYLEmartin gas.wpd 4 / 7
payment for the year during which such annexation become effective if the annexation
becomes effective after January 1 st of said year.
(b) In the event any municipality otherthan the City attempts to annex separately
or in the event the creation of any new municipality shall be attempted so as to include
within its limits any land which is the subject matter of this Agreement, City shall, with the
approval of Company, seek immediate legal relief against any such attempted annexation
or incorporation and shall take such other legal steps as may be necessary or advisable
under the circumstances with all cost of such action being borne equally by the City and
by the said Company or companies with the Company's portion allocated on the basis of
assessed values.
2. The City further agrees that during the term of this agreement,there shall not be
extended or enforced as to any land and property of Company within said City of
Beaumont Industrial District,any rules, regulations,or any other actions: (a)seeking in any
way to control the platting and subdivisions of land, (b)prescribing any buildings,electrical,
plumbing or inspection standards or equipment, or(c) attempting to regulate or control in
any way the conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any
renewals thereof, the City shall not be required to furnish any municipal services to
Company's property located within the City of Beaumont Industrial District; provided,
however, City agrees to furnish fire protection to Company should such protection be
requested by Company in the event an unusual emergency situation occurs. The City will
also provide police protection if called upon by the Jefferson County Sheriff's Department
for assistance.
SAKYLE\martin gas.wpd 5/ 7
ARTICLE IV.
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the
parties and that, therefore, in addition to any action at law for damages which either party
may have, Company shall be entitled to enjoin the enactment or enforcement of any
ordinance or charter amendment in violation of, or in conflict with, the terms of this
Agreement and shall be entitled to obtain such other equitable relief, including specific
performance of the Agreement, as is necessary to enforce its rights. It is further agreed
that should this Agreement be breached by Company,the City shall be entitled, in addition
to any action at law for damages, to obtain specific performance of this Agreement and
such other equitable relief necessary to enforce its rights.
ARTICLE V.
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1,
2002, and ending on December 31, 2008.
ARTICLE VI.
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
Stephen J. Bonczek, City Manager Martin Gas Sales
City of Beaumont
801 Main
Beaumont, Texas 77704
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder
S:\Y\YLEVnarfin gas.wpd 6 / 7
prior to such adjudication, and this provision is intended to be an independent and
separable provision not to be affected by such adjudication.
IN WITNESS THEREOF, this Agreement, consisting of 7 pages, is executed in
duplicate counterparts as of this day of , 2001.
CITY OF BEAUMONT, TEXAS
By:
Stephen J. Boncek
ATTEST: City Manager
Barbara Liming
City Clerk
Martin Gas Sales
By:
ATTEST:
SAKYLElmartin gas.wpd 7/ 7
THE STATE OF TEXAS §
COUNTY OF JEFFERSON § DRAFT
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation
and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and
Neches Industrial Park, its parent, subsidiaries and affiliates, hereinafter called
"COMPANY."
PREAMBLE
WHEREAS, Company owns land and improvements which are a part of the
manufacturing,industrial,and refining facilities of said Company. The City has established
an industrial district comprising a certain part of the extra-territorial jurisdiction of the City,
such industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an
obligation to contribute to the revenue needs of said City in an amount commensurate with
the burdens placed upon the City and benefits derived by the Company by reason of being
located immediately adjacent to said City.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
SAKYLEWeches 08-01.wpd 1 / 6
ARTICLE I.
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2002 and each calendar year thereafter for
the duration of this Contract, the Company will pay the City a certain sum which will be
computed on the assessed value of the Company's facilities and property, real, personal,
and mixed located on Company's land covered by this contract. (Herein "the properties")
2. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2002-2008 shall be in the amount of$18,250 and shall be
due and payable on or before February 1, each year.
(b) City hereby agrees to bill Company for its payments due hereunder on or
before January 1 each year. Company shall pay to City the amount billed on or before
February 1 each year. Upon receiving the final payment, the Finance Officer shall issue
an official receipt of said City acknowledging full, timely, final and complete payment due
by said Company to City for the property involved in this Agreement for the year in which
such payment is made. If payment is not made on or before any due date, the same
penalties, interest, attorneys'fees and costs of collection shall be recoverable by the City
as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is
not timely made, all payments which otherwise would have been paid to the City had
Company been in the City limits of City will be recaptured and paid to the City within 60
days of any such event.
SAKYLEWeches 08-01.wpd 2 / 6
ARTICLE II.
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument
shall govern and affect the properties of Company (facilities, real, personal, and mixed)
located on Company's real property as shown on the records of the Jefferson County
Appraisal District, which are within the extra-territorial jurisdiction of the City of Beaumont.
ARTICLE III.
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any
person or entity. It is the intent of the parties that no sale of any of Company's facilities will
affect the amount to be paid to the City as provided under this Agreement. Accordingly
and as to payments due under this contract no such sale shall reduce the amount due the
City under this contract until the purchaser of such facility has entered into a contract in lieu
of taxes with the City that provides for a continuation of like payments to the City.
ARTICLE IV.
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in anyway cause or permit
to be annexed any portion of lands or facilities or properties of said Company covered by
this Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties
covered bythisAgreement belonging to said Company is reasonably necessaryto promote
and protect the general health, safety and welfare of persons residing within or adjacent
to the City, the City will notify Company in accordance with State law of the proposed
annexation. In the event of such annexation, Company will not be required to make further
payment under this Agreement for any calendar year commencing after such annexation
with respect to the property so annexed, but shall nevertheless be obligated to make full
SAKYLEWeches 08-01.wpd 3/ 6
payment for the year during which such annexation becomes effective if the annexation
becomes effective after January 1 st of said year.
(b) In the event any municipality other than the City attempts to annex separately
or in the event the creation of any new municipality shall be attempted so as to include
within its limits any land which is the subject matter of this Agreement, City shall, with the
approval of Company, seek immediate legal relief against any such attempted annexation
or incorporation and shall take such other legal steps as may be necessary or advisable
under the circumstances with all cost of such action being borne equally by the City and
by the said Company or companies with the Company's portion allocated on the basis of
assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of Company within said City of
Beaumont Industrial District,any rules, regulations,or any other actions: (a)seeking in any
way to control the platting and subdivisions of land, (b)prescribing any buildings,electrical,
plumbing or inspection standards or equipment, or(c) attempting to regulate or control in
any way the conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any
renewals thereof, the City shall not be required to furnish any municipal services to
Company's property located within the City of Beaumont Industrial District; provided,
however, City agrees to furnish fire protection to Company should such protection be
requested by Company in the event an unusual emergency situation occurs. The City will
also provide police protection if called upon by the Jefferson County Sheriffs Department
for assistance.
S:IKYLEWeches 08-01.wpd 4/ 6
ARTICLE IV.
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the
parties and that, therefore, in addition to any action at law for damages which either party
may have, Company shall be entitled to enjoin the enactment or enforcement of any
ordinance or charter amendment in violation of, or in conflict with, the terms of this
Agreement and shall be entitled to obtain such other equitable relief, including specific
performance of the Agreement, as is necessary to enforce its rights. It is further agreed
that should this Agreement be breached by Company,the City shall be entitled, in addition
to any action at law for damages, to obtain specific performance of this Agreement and
such other equitable relief necessary to enforce its rights.
ARTICLE V.
AFFILIATES
The benefits accruing to Company under this Agreement shall also extend to
Company's"affiliates"and to any properties owned or acquired by said affiliates within the
area owned by Company, and where reference is made herein to land, property and
improvements owned by Company, that shall also include land, property and
improvements owned by its affiliates. The word "affiliates" as used herein shall mean all
companies with respect to which Company directly or indirectly, through one or more
intermediaries at the time in question, owns or has the power to exercise the control over
fifty percent(50%)or more of the stock having the right to vote for the election of directors.
ARTICLE VI.
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1,
2002, and ending on December 31, 2008.
S:IKYLE\Neches OM1.wpd 5 / 6
ARTICLE VII.
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
Stephen J. Bonczek, City Manager Richard H. Cullifer, President
City of Beaumont Neches Industrial Park
801 Main #1 Gulf States Road
P. O. Box 3827 PO Box 2296
Beaumont, Texas 77704 Beaumont, Texas 77704
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder
prior to such adjudication, and this provision is intended to be an independent and
separable provision not to be affected by such adjudication.
IN WITNESS THEREOF, this Agreement, consisting of 6 pages, is executed in
duplicate counterparts as of this day of , 2001.
CITY OF BEAUMONT, TEXAS
By:
Stephen J. Boncek
City Manager
ATTEST:
Barbara Liming
City Clerk
Neches Industrial Park
By:
ATTEST:
SAKYLE1Neches 08-01.wpd 6 / 6
5
Council consider a request to amend the 1999 Consolidated Grant Program to reprogram funds for
the Downtown Beautification Program
1 CJ-"BP- City of Beaumont
Council Agenda Item
M
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Janett Blunt, Grants Technician
MEETING DATE: November 20, 2001
AGENDA MEMO DATE: November 9, 2001
REQUESTED ACTION: Council consider a request to amend the 1999 Consolidated Grant
Program by reprogramming the Salvation Army Family Shelter line
item ($50,000) and a portion of the Partnership Community Mental
Health line item ($2,000) for a total of$52,000, to the Downtown
Beautification Program.
RECOMMENDATION
Staff recommends Council amend the 1999 Consolidated Grant Program by reprogramming the
Salvation Army Family Shelter line item ($50,000) and a portion of the Partnership Community
Mental Health line item($2,000) for a total of$52,000,to the Downtown Beautification Program.
BACKGROUND
On April 25, 2000, Council allocated $50,000 from the 1999 Consolidated Grant Program to The
Salvation Army to be used for code compliance rehabilitation of a two-story structure located at 1065
McFaddin that would house eight (8) homeless families. The Salvation Army has declined the use
ofthose grant funds. Partnership Community Mental Health,also funded from the 1999 Consolidated
Grant Program($4,940), closed its doors in Beaumont.
In November of 2000, City Council approved the use of CDBG funds to hire two additional
employees from Beaumont Products and Services to clean up and mow properties in the Central
Business District. The Administration believes the cleanliness of the downtown area is vital in
retaining existing businesses and attracting new investment.
BUDGETARY IMPACT
The Administration recommends that $52,000 from the 1999 Consolidated Grant Program be
reprogrammed to the Downtown Beautification program
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Executive Assistant to City Manager/Economic Development Director, Planning
Manager, and Grants Administrator.
RECOMMENDED MOTION
Approve/Deny a request to amend the 1999 Consolidated Grant Program by reprogramming the
Salvation Army Family Shelter line item ($50,000) and a portion of the Partnership Community
Mental Health line item($2,000) for a total of$52,000, to the Downtown Beautification Program
Page 2
L�r
� Oil
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 20, 2001 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Adopt a resolution casting the City of Beaumont's votes to C. L. Sherman for the Jefferson
County Appraisal District Board of Directors
B) Authorize the settlement of a lawsuit
CONSENT AGENDA NOVEMBER 20, 2001
A) Adopt a resolution casting the City of Beaumont's votes to C. L. Sherman for the
Jefferson County Appraisal District Board of Directors
The Administration recommends approval of a resolution casting the City of Beaumont's votes
(403) to C. L. Sherman. All five positions on the Board of Directors are up for re-election. Each
taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its governing
body and submit it to the Appraisal District. Each governmental entity is allocated a certain
number of votes based on their 2000 tax levy. Additional information is attached for your review.
B) Authorize the settlement of a lawsuit
The lawsuit of City of Beaumont vs. Gladys City Company would be settled in the amount of
$116,250. Council discussed the settlement of this lawsuit in an executive session on November 6,
2001. A copy of the staff memorandum is attached for your review.
A
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager
MEETING DATE: November 20, 2001
AGENDA MEMO DATE: November 15, 2001
REQUESTED ACTION: Consider adopting a resolution casting the City of Beaumont's
votes (403) to C. L. Sherman for the Jefferson County Appraisal
District Board of Directors.
RECOMMENDATION
The Administration recommends approval of a resolution casting the City of Beaumont's votes
(403) to C. L. Sherman for the Jefferson County Appraisal District Board of Directors for the
2002-2003 term of office.
BACKGROUND
All five positions on the Board of Directors are up for re-election. Each taxing unit entitled to vote
must cast its votes in the form of a resolution adopted by its governing body and submit it to the
Appraisal District. Each governmental entity is allocated a certain number of votes based on their
2000 tax levy. Additional information is attached for your review.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Executive Assistant to the City Manager.
RECOMMENDED MOTION
Approve/Deny a resolution casting the City of Beaumont's votes (403) to C. L. Sherman for the
Jefferson County Appraisal District Board of Directors.
Jefferson County Appraisal District (409)840-9944
P.O.Box 21337 4610 S.Fourth St. (409)727-4611
Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621
CHIEF APPRAISER MEMBERS OF THE BOARD
Roland R.Bieber,RPA Fred L. Mitchell, Chairperson
Eugene Landry,Secretary
October 30, 2001 Miriam K.Johnson
Charles Lankford
C. L.Sherman
I
Mr. David W. Moore
Mayor
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Moore:
We have received several requests to extend the deadline for submitting votes for the Jefferson
County Appraisal District Board of Directors for the 2002 - 2003 term of office. Accordingly,
the deadline to submit your votes in this election has been extended until November 28, 2001.
Remember, your votes must be cast in the form of a resolution adopted by your governing body.
I will declare the winners and notify each entity by December 3, 2001.
Sincerely,
Roland R. Bieber, RPA
Chief Appraiser
pjb
,5!-Ir. Stephen J. Bonczek, City Manager
OCT 3 1 ,.
Jefferson County Appraisal District (409)840.9944
P.O.Box 21337 4610 S.Fourth St. (409)727-4611
Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621
CHIEF APPRAISER MEMBERS OF THE BOARD
Roland R.Bieber,RPA October 23, 2001 Fred L. Mitchell, Chairperson
Eugene Landry, Secretary
Miriam K.Johnson
Charles Lankford
C. L.Sherman
Mr. David W. Moore
Mayor
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Moore:
In accordance with Section 6.03(f) of the Property Tax Code, I have enclosed a copy of the ballot
of the nominees for the Jefferson County Appraisal District Board of Directors for the 2002 -
2003 term of office.
All five positions on the Board of Directors are up for re-election. You may cast all of your votes
for one nominee or distribute them as you wish among the nominees.
Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its
governing body and submit it to me before November 15, 2001. If you require additional time to
schedule a meeting of your governing body in order to cast your votes, please contact me in order
that an extension may be granted.
Please refer to the enclosed voting allocation to determine the number of votes your entity is
entitled to in this election. The nominee receiving the majority of the votes of the conservation
and reclamation districts will receive all of the votes cast by these districts.
Sincerely,
Roland R. Bieber, RPA
Chief Appraiser
PJb
Enclosures - 2 OCT 2 4 POT t
c: Mr. Stephen J. Bonczek, City Manager
A 4
ELECTION BALLOT
Jefferson County Appraisal District
Board of Directors, 2002 - 2003 Term of Office
The following individuals have been nominated:
Miriam Johnson
Eugene Landry
Charles Lankford
Fred L. Mitchell
C. L. Sherman
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2002 -2003 Board of Directors
Based on 2000 Tax Levies
% of Total
2000 Tax Lew Tax Lew #of Votes
Drainage District #6 $9,577,556.49 3.22% 161
Drainage District#7 $9,005,537.44 3.02% 151
Port of Beaumont $5,615,686.73 1.89% 94
Port of Port Arthur $3,676,795.10 1.23% 62
Port of Sabine Pass $235,052.84 0.08% 4
Bevil Oaks MUD $124,688.90 0.04% 2
Trinity Bay Conservation Dist $27,116.77 0.01% 0
WCID #10 $508,662.77 0.17% 9
SUBTOTAL C & R DISTRICTS: $28,771,097.04 9.66% 483
Jefferson County $43,312,720.22 14.54% 727
Beaumont ISD $92,585,657.88 31.09% 1554
Hamshire-Fannett ISD $5,227,499.31 1.76% 88
Nederland ISD $14,349,865.40 4.82% 241
Port Arthur ISD $31,698,699.84 10.64% 532
Port Neches-Groves ISD $31,343,510.39 10.52% 526
Sabine Pass ISD $7,502,122.71 2.52% 126
City of Beaumont $24,002,218.06 8.06% 403
City of Groves $3,188,072.78 1.07% 54
City of Nederland $3,509,250.28 1.18% 59
City of Port Arthur $7,823,768.90 2.63% 131
City of Port Neches $4,523,561.55 1.52% 76
SUBTOTALS: $269,066,947.32 90.34% 4517
TOTALS: $297,838,044.36 100.00% 5000
B
L19j Cit of Beaumont
Council Agenda Item
A K
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Tyrone E. Cooper, First Assistant City Attorney
MEETING DATE: November 20, 2001
AGENDA MEMO DATE: November 15, 2001
REQUESTED ACTION: Consider a resolution authorizing the settlement of
the lawsuit of City of Beaumont vs. Gladys City
Company
RECOMMENDATION
Council approval of a resolution authorizing the lawsuit settlement of City of Beaumont
vs. Gladys City Company
BACKGROUND
Council discussed the settlement of this lawsuit in executive session Tuesday,November
6, 2001.
BUDGETARY IMPACT
There are sufficient funds in the Water Utilities Improvement Fund to pay the total
amount of One-Hundred Sixteen-Thousand Two-Hundred Fifty ($116,250) Dollars to
settle City of Beaumont vs. Gladys City Company
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the lawsuit settlement of City of Beaumont vs.
Gladys City Company
SAAGENDA\Gladys City 11-2"1.Wpd
RESOLUTION NO.
WHEREAS, the lawsuit of City of Beaumont vs. Glass City Company has been
discussed in an Executive Session properly called and held Tuesday, November 6, 2001;
and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of City of
Beaumont vs. Gladys City Company in the amount of One-Hundred Sixteen-Thousand
Two-Hundred Fifty ($116,250) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
November, 2001.
- Mayor -
GACGWESOLUTRCLAULAWAOC%Gladys City 11-01Res.wpd