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Home My WebLink AboutPACKET SEPT 28 2004 093) now City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 28,2004 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a resolution to allow Hibernia National Bank to pledge a security as collateral for City accounts B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Stone Oak Industrial Park Section I Subdivision C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Walden Meadows Section II Subdivision D) Consider approving the renewal of an annual maintenance agreement for International Business Machines Corporation equipment E) Consider approving the renewal of an annual maintenance agreement for HTE, Inc. software support A City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 22, 2004 REQUESTED ACTION: Council consider a resolution to allow Hibernia National Bank to pledge the following security as collateral for City accounts which is held at the Federal Reserve Bank, effective September 21, 2004. Cusip No. Description Face Value Market Value PLEDGE: 31394WAP3 FNMA, Due 08/15/17 $ 600,000.00 $ 568,854.90 RECOMMENDATION The administration requests approval of a resolution to pledge the above listed security covering City deposits at Hibernia National Bank. BACKGROUND The City of Beaumont maintained uncollected ledger balances at Hibernia National Bank in the amount of$1,880,987.24 on September 21, 2004. After pledging the above security, the market value of pledged collateral totals $5,178,402.09 and along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. BUDGETARY IMPACT None. PREVIOUS ACTION Council approved a release of collateral by Hibernia National Bank on March 24, 2004. B ti..7LIIJ City of Beaumont ,MR IKI Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21, 2004 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Stone Oak Industrial Park Section I Subdivision. RECOMMENDATION Administration recommends approval of the following: Stone Oak Drive from existing Cardinal Drive approximately 1040 linear feet south to and approximately 100 linear feet west to and including the temporary cul-de-sac Also, recommended for approval are the water and sanitary improvements for Lots 1-10, Stone Oak Industrial Park Section I. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on September 21, 2004. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. EngStone0akSec1sk.wpd September 21,2001 SARAH BEND R 001,,'E R POSE Y WORC S ER 0 Toz �z- _ CA RDINAL o DRIVE O U, o U, _ SITE z m <t -r p p w Q O CK I i . . VICINITY MAP NO SCALE STONE OAK INDUSTRIAL PARK SECTION I SUBDIVISION c City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21, 2004 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Walden Meadows Section II Subdivision. RECOMMENDATION Administration recommends approval of the following: • Thoreau Street from existing dead end approximately 271 linear feet south to and including the cul-de-sac. • Sweetbay Street from the proposed Thoreau Street cul-de-sac approximately 457 linear feet west to and including the cul-de-sac. • Laurelwood Street from existing dead end approximately 421 linear feet west to and including the cul-de-sac. Also, recommended for approval are the water and sanitary improvements for Lots 2-17, Block l; Lots 1-12, Block 5; and Lot 1, Block 1 of Walden Meadows Section One. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on August 31, 2004. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. EngW aldenMeadows2sk.wpd September 21,2004 WASH NGTON BLVD. LDCATION A or arras - Tu�tx aw VICINITY MAP N.T.S. WALDEN MEADOWS SECTION II SUBDIVISION D Cit y of Beaumont CiLili Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 15,2004 REQUESTED ACTION: Council consider the renewal of an annual maintenance agreement for International Business Machines Corporation equipment. RECOMMENDATION Administration recommends payment of an invoice to International Business Machines Corporation (IBM)for the renewal of an annual maintenance agreement in the amount of$25,032.28. BACKGROUND The maintenance contract provides service for twenty-seven (27) pieces of equipment located in various City departments and facilities. The equipment includes communications equipment, processors, printers, the Internet/Intranet iSeries server, magnetic tape units, and token ring equipment. This agreement excludes the maintenance of personal computers and laptop computers. IBM furnishes 24 hours,7 days a week service on the equipment and provides replacement parts on the processors. In addition,IBM replaces outdated peripheral equipment with new equipment when repairs are needed. Competitive bids are not required because parts used to repair these units are captive replacement parts available only from one source. State law provides for the exemption of competitive bids when captive replacement parts can be purchased from only one source. The agreement is for an annual period beginning October 1,2004 and ending September 30,2005. Last year, the annual maintenance agreement was $29,923 for thirty-three (33) pieces of IBM equipment. The decrease in maintenance costs this year can be attributed to the removal of antiquated equipment that would cost less to replace than maintain. Annual Maintenance Agreement for IBM Hardware September 15,2004 Page 2 BUDGETARYIMPACT Funds will be available in the fiscal year 2005 budget as follows: DEPARTMENT FUND PIECES OF TOTAL EQUIPMENT PRICE Information Services General Fund 13 $18,222.28 Police Department Confiscated Goods Fund 9 $ 2,660.00 Water Utilities Water Fund 5 $ 4,150.00 TOTAL: 27 $25,032.28 PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Internal Services Director. E City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard,Internal Services Director MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 17, 2004 REQUESTED ACTION: Council consider renewal of an annual maintenance agreement for HTE,Inc. software support. RECOMMENDATION Administration recommends payment of an invoice to HTE, Inc. for the renewal of an annual maintenance agreement for software support in the amount of$77,575. BACKGROUND HTE,Inc. software is used by various City departments.This purchase is exempt from competitive bidding since it is available from only one(1)source having exclusive rights to modify and maintain the software. The software maintenance agreement provides for unlimited telephone support and up to three (3) software updates during the annual term. The agreement is for an annual period beginning October 1,2004 and includes the following nineteen (19)applications: SOFTWARE APPLICATION CONTRACT AMOUNT Building Codes/Building Permits $5,400 Finance/Accounts Receivable $4,310 Finance/Asset Management $2,950 Finance/Cash Receipts $3,110 Finance/GMBA Accounting System $12,220 Annual Agreement for]LITE Software Support September 17,2004 Page 2 SOFTWARE APPLICATION CONTRACT AMOUNT Finance/Imaging System $2,520 Finance/Loan Module $2,450 Finance/Occupational Licenses $2,230 Finance/Retrofit Custom Software $3,500 Human Resources/Applicant Tracking $3,820 Imaging/Document Management Services $ 985 Payroll/Personnel $9,600 Public Works/Land Management $4,260 Purchasing/Inventory $6,710 SUB-TOTAL: $64,065 Municipal Court/Jury Management $2,000 Municipal Court/Click2Gove Case Management $2,280 Municipal Court/C1ick2Gov Core Module $ 750 Municipal Court/Retrofit Custom Software $ 600 Municipal Court/Case Management $7,880 SUB- TOTAL: $13,510 TOTAL: $77,575 Last year, fourteen(14) applications were maintained at a cost of$60,687. The increase this year is attributed largely to the Municipal Court software upgrade in December 2003. BUDGETARY IMPACT Funds are available in the Information Services Division's fiscal year 2005 budget for the first fourteen(14)items listed above in the amount of$64,065,while funds are available in the Municipal Court Technology Fund for the final five (5) items in the amount of$13,510 totaling$77,575. Annual Agreement for WE Software Support September 17,2004 Page 3 PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager and Internal Services Director. A ` 11& City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 28,2004 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 7-18/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to RS (Residential Single Family Dwelling) District at 1280 W. Lucas 2. Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to LI (Light Industrial) District at 9485 College Street 3. Consider approving a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at #11 Bayoubrandt Drive 4. Consider approving a request for a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization) District at 1620 Pennsylvania 5. Consider approving a request for a specific use permit to allow a craft mall and a restaurant in an RCR(Residential Conservation and Revitalization) District at 1820 Pennsylvania and 1885 Park 6. Consider approving a request for a specific use permit to allow a cellular telephone transmission tower in a C-M (Commercial-Manufacturing) District at 6355 Highway 69 7. Consider approving a request to abandon part of a 10'utility easement at 5710 Longwood Lane 8. Consider passing on third and final reading an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States, Inc. and granting a new franchise to Entergy Gulf States, Inc. adopting a new method of compensation 9. Consider authorizing the City Manager to execute an agreement to terminate the Operation and Maintenance Agreement for Henry Homberg Golf Course 10. Consider approving a one (1) year contract for the purchase of sludge dewatering bags for use at the Water Reclamation Plant 11. Consider authorizing the City Manager to implement the medical contribution rate changes for employees 12. Consider approving a one (1)year contract with the Art Museum of Southeast Texas 13. Consider approving a one (1)year contract with the Southeast Texas Arts Council (SETAC) 14. Consider approving a one (1)year contract with the Texas Energy Museum 15. Consider approving a contract with BUILD, Inc., Beaumont Main Street for downtown economic development purposes 16. Consider approving a one (1)year contract with the Beaumont Heritage Society/John Jay French Museum 17. Consider approving a one (1) year contract with the Jefferson Theater Preservation Society 18. Consider approving a one(1)year contract with the Partnership of Southeast Texas 19. PUBLIC HEARING: Dilapidated Structures Consider approval of an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Leah Wingate Dog and Cat Enterprises, Inc. vs. City of Beaumont Linda Young vs. City of Beaumont Penni Simonson, et al vs. City of Beaumont Douglas Manning, et al vs. City of Beaumont City of Beaumont vs. House of Praise Deliverance Ministry, Inc. * 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 City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 September 28, 2004 Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RS (Residential Single Family Dwelling) District at 1280 W. Lucas Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson,Planning Manager MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21,2004 REQUESTED ACTION: Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to RS (Residential Single Family Dwelling)District at 1280 W. Lucas. RECOMMENDATION The Administration recommends approval of a zone change from GC-MD (General Commercial- Multiple Family Dwelling)to RS (Residential Single Family Dwelling)District at 1280 W. Lucas. BACKGROUND Judy Clayton is purchasing this property. The subject property consists of two lots. The northern most lot is zoned GC-MD and the southern most lot is zoned RS. A single family structure occupies the property. According to Ms. Clayton, the property was formerly used as a business office. However, the structure has been vacant for a number of years. Ms. Clayton is wanting to purchase the property and use it as a single family dwelling. Ms. Clayton is purchasing the property with a loan from Hibernia Bank. The bank will not make the loan unless all the property is zoned RS. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 20,2004,the Planning Commission voted 8:0 to approve a zone change from GC-MD (General Commercial-Multiple Family Dwelling)to RS (Residential Single Family Dwelling)District at 1280 W. Lucas. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1280 W. LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as GC-MD (General Commercial-Multiple Family Dwelling) District to RS (Residential Single Family Dwelling) District for property located at 1280 W. Lucas, being Lot 12, Block 10, Calder Highlands Addition, City of Beaumont, Jefferson County, Texas, containing 0.25 acres, more or less, as described on Exhibit"A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2004. - Mayor Evelyn M. Lord - • •T v ► . ( 1 oor d[+ t 24 I• N_ v • .Mr• FILE 1737-'G; Request fur a zone change from GC-MD(General Commercial- NORTH Multiple Family Dwelling)to RS(Residential Single Fan*fhveilieg)! District Location: 1.230 W. Laws j Applicant. Judy Clayton. SALt t f 1"=200' x4o f . N q M •Y"� s , Sol • 6 . — - -- - ,j')_ - � � � tom.>- _- • _ f t CPT 4 �+ . �s o N • D-JPS -� K W lea •0 20 GL SW GLADYS AVE. w••s 'e• �.a -- .rRSy •, i3 7�'r AM AM 21 EXHIBIT "A" 2 September 28,2004 Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District at 9485 College Street C1 ..Lij-1- Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21, 2004 REQUESTED ACTION: Council consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District at 9485 College Street. RECOMMENDATION The Administration recommends approval of a zone change from GC-MD to LI District at 9485 College Street. BACKGROUND Manufacturing Solutions,Inc. is requesting a zone change from GC-MD to LI to allow its business operation at 9485 College. Wayne Moncla, President, states that the company designs and manufactures custom machinery for use by its customers. Most of the machines are for secondary operations and are,for the most part,considered small by industry standard(normally less than four feet square). Manufacturing Solutions,Inc.has been in business for 12 years at its Lindbergh Drive location. They are wishing to relocate to the College address. Mr.Moncla states that their operations include machining,welding,cutting,painting and assembly including wiring and electronic components. All these operations are to be conducted inside the building. There is an existing building on the property that has 2,500 sq. ft. of shop area and 1,600 sq. ft. of office space. They propose to add an additional 3,000 sq. ft.of shop area for a total of approximately 7,100 sq. ft. The Zoning Ordinance would allow this use in a GC-MD District with a specific use permit if the total square footage did not exceed 5,000 sq. ft. The proposed size of Manufacturing Solutions' facility exceeds that amount thereby necessitating a zone change. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 20,2004,the Planning Commission voted 8:0 to approve a zone change from GC-MD to LI District at 9485 College Street. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 9485 COLLEGE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as GC-MD (General Commercial-Multiple Family Dwelling) District to LI (Light Industrial) District for property located at 9485 College Street, being Lot 4, Block 3, Wescalder Fig Acres Addition, City of Beaumont, Jefferson County, Texas, containing 2.035 acres, more or less, as described on Exhibit"A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2004. - Mayor Evelyn M. Lord - 1 ' x -r :� � I i + �• . 1`'' �` � 1 ,.-� ' fl.. 1fl♦ S) � 11.• -�, :r�• ��S ^'/C{ V n. SLS4 1 - �' la+, t.i ra►� ;Yr. Nsr• it f I ..a. 1 •` 1 y I I _ 0*4 N � FELE 1739-Z: Rtquest for a zone change from GC-MD (General Commercial-Multiple NORTH Family Dwelling) to Li(7Light Industrial) District. A Location: 9485 College Applicant: Manufacturing Solutions, Inc. SCALE COLLEGE S1- r C 0 LL E ' £ f' ry ty ' `r r td = i.LLB (� �/✓ I t Glc-- to ND o o _Sf - ono t - 14 M—H r O 701 W 7 � EXHIBIT "A" 3 September 28,2004 Consider approving a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at #11 Bayoubrandt Drive UE! y Cit of Beaumont g Council A enda Item A ` TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson,Planning Manager MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial- Multiple Family Dwelling)District at#11 Bayoubrandt Drive. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at#11 Bayoubrandt Drive. BACKGROUND Verizon Wireless is applying for a specific use permit to allow the construction of a 180' cellular telephone transmission tower at#11 Bayoubrandt Drive. The subject property is part of an 11 lot commercial subdivision being developed east of the Hobby Lobby shopping center and the Post Office. The facility will consist of the tower,an 8'x 20'equipment shelter and an outdoor diesel generator. The compound will be screened with a wooden fence. Landscaping will be planted along the east and south sides of the property. The transmission tower will be equipped to allow for co-location of additional wireless carriers. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 20,2004,the Planning Commission voted 8:0 to approve a specific use permit to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District at#11 Bayoubrandt Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TELEPHONE TRANSMISSION TOWER IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT#11 BAYOUBRANDT DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Verizon Wireless to allow a cellular telephone transmission tower in a GC-MD (General Commercial-Multiple Family Dwelling) District located at#11 Bayoubrandt Drive, as described on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a cellular telephone transmission tower in a GC- MD (General Commercial-Multiple Family Dwelling) District located at #11 Bayoubrandt Drive, as shown on Exhibit"B" attached hereto, is hereby granted to Verizon Wireless, its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES BEING a 0.1133 Acre (4,934.29 Square Fort) acre tract of land situated in the Frederick Bigner Survey, Abstract No. 1, Jefferson County, Texas and being out of and part of that certain called 364.7 acre tract of land, identified as First Tract, as conveyed by Treadway Land Company, et al. to Yount-Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson County, Texas, and being out of and part of that certain called 19.7950 acre tract of land as conveyed by C. W. Conn, Jr., Trustee to Dowlen Investments, Ltd. as recorded in Clerk's File No. 2000006872, Official Public Records of Real Property, Jefferson County, Texas, and also being out and part of that certain called 4.4215 acre tract of land as desenbed in a "Special Warranty Deed with Vendor's Lien" from Dowlen Investments, Ltd. to HilIebrandt Development as recorded in Cleric's File No. 2003030930, Official Public Records of Real Property, Jeferson County, Texas, said 0.1133 acre tract being more particularly desenbed as follows: NOTE. All bearings are based on the Southeasterly right-of-way line of Dowlen Road as NORTH 29°03'32" EAST as recorded in volume 1711, Page 47, Deed Records, Jefferson County, Texas. 4 BEGINNING at a 5/8" iron rod with a cap stamped "RPLS 3636" found for the most Westerly Northwest corner of the said 4.4215 acre Hillebrandt Development, said corner also being an interior ell corner of that certain called 153735 acre tract of land as described in a "Special Warranty Deed with Vendor's Lien" from Dowlen Investments, LTD. to SGI Beaumont—II, LTD. as recorded in Clerk's File No. 2001015342, Official Public Records of Real Property, Jefferson County, Texas, and said comer also being the Northeast comer of that certain called 0.3256 acre non-exclusive ingress and egress easement as descnbed in Cldrk's File No. 2001015619, Official Public Records of Real Property, Jefferson County, Texas; THENCE NORTH 87 014'22" EAST, for the boundary between the said 4.4215 acre Hillebrandt Development tract and the said 15.3735 acre SGI Beaumont—II, LTD. tract, for a distance of 80.91 feet to a 5/8" iron rod found for comer, said comer being an exterior ell corner of the said 15.3735 acre SGI Beaumont — II, LTD. tract and an interior ell comer of the said 4.4215 acre Hillebrandt Development tract; THENCE SOUTH 22 053'50" WEST, over and across the said 4.4215 acre Hillebrandt Development tract, for a distance of 88.74 feet to a 5/8" iron rod with a cap stamped "RPLS No. 3 63 6" set for corner; THENCE SOUTH 87 013'27" WEST, continuing over and across the said 4.4215 acre Hillebrandt Development tract and perpendicular to the most Westerly line of the said 4.4215 acre Hillebrandt Development tract, for a distance of 42.46 feet to a 5/8" iron rod with a cap stamped "RPLS No. 3636" set for corner, said comer also being in the most Southerly East line of the said 15.3735 acre SGI Beaumont — II, LTD. tract, the most Westerly line of the said 4.4215 acre Hillebrandt Development tract and the East line of the said 0.3256 acre non-exclusive ingress and egress easement; THENCE NORTH 02°46'33" WEST, for the boundary between the said 4.4215 acre Hillebrandt Development tract and the said 15.3735 acre SGI Beaumont — II, LTD. tract, the same being the East line of the said 0.3256 acre non-exclusive ingress and egress easement, for a distance of 80.00 feet to the POINT OF BEGINNING and containing 0.1133 Acres, more or less. EXHIBIT "A" t � TR 3 �� a s r � d `��0.0\ TR 3-C < FUZ 1736-P: Request for a specific use permit to allow a cellular telephone NORTH transmission tower in a GC-MD(General Commercial-Msltipk Family Dwelling A i District Location: #11 Bayoubrandt Drive SCAU Applicant: Verizon Wireless N.T.S. r s • v s • - J 3v.y• it ,c GC-MD _ ,. .R A . UI BJ ECT _ R EO ENC•: :- 'i Ci Cr h b 0 mp �-�-� RM M FOLSOM DR. 30C :3 yr •. ,- 7 L % F 2u,3 •. TR 5,t,p KESLEY UNITED -rt n -0 R 1 tj r� TR 54-18 ?'; s �!E','HODI:T CI••it•r? � A=�%'� s � E 3 TR 54 E -'. _ =ECTICN 111 M on RS !! Q cr a3 MC t W � 17 i �_ J t EXHIBIT "B" C[CC •#AN5 •v �� / wv r.7E Pip B !/ SAN :O /�'rV prR��t SINN'Ell rArjTD TC(P /"�Errs nNG' MAA,R.,Ky1 K5 Nl.�'"1 p01 `1 CCavgvE>F PAAWJVC,J ASSAI AR< r5'urv-EASE4tNr Sru.wy 11--4aW EQAFUD(T qy 987 a 11'-j ■ GONG l-68 ■1H 1-5'.6-4' S TOOP / 1 ! _ — OUTSIDE DESS1 L4?QUTOt l£SSE'.f✓S t 4' MOE ACCESS 4F (SEE 94EET S2) a DRIVE PAVED NTH CRUSHED o LIMESTONE BASE COMPACTED TO 93%STD. PROCTOR SSEE-S LANDSCAPING PLANTS PLACED 12' APART ON TWO WE OF 9 T .. _ Sf.C',A iELCN r 1 SSEFS WOODEN '7r'�-0580 -� FENCD COMPOUND '` r PAVED MTH CRU91ED \\ y f\ LIMESTONE BASE ` o COMPACTED i0 95i STD. / ��u♦ / HZ PROCTOR (6100 Ip / 1 • .2 NXSEE MEET 01) i V SSEFS TOWER `Q 7 / i H e I 5 DROP POLE. 1{ i4 METER k DISCON/+ECT 0 i I S u G TELCO rk O.M. POWER BY LOCAL PROVERS ' a -J.LE. 5 40 JCAES wM"f:7 StA TS-v Sr.IL SC'CLICE CC.f VO 9E-957'4" G 4/,c:5, Tu/ '- Ey/57,NG CN _ yam' 06 757 w _ v QYERAI t :g 1 WM Pt N 60 30 0 60 SCALE T' - 60'-0'(GRAPHIC) SCALE T' - 60'-O' PIL7TSl3 LEGEND 1_)CONTRACTOR IS TO REPAIR ALL DAMAGE RESLXI G FROM CONSTRUCTION BACK _�}_ ICCCCr�� To PRE CONSTRUCTION CONDITION AT COMPLETION OF WORK. LESSEE LEASE LINE 2.) WEST TOWER FACE IS TO BE ALIGNED WITH rRUE NORTH. EASEMENT - - - - _ LESSEE U.- TE1.00. 227.10 LESSEE ELEVATION --- I rywr U.O. POWER 3.) CONTRACTOR 9NALL COORDINATE STE ACCESS TIMES AND EOUPMENr STAGING LESSEE PAVING — — LESSEE O.H. UTILITY LOCATIONS MTH LAND LORD. LESSEE UTIUrY EXISTING EASEMENT a.) TOWER K TO SET ON THE tDEJITFIED CENTER Pall T. TOWER LEG SPACING MAY POLE EX. PROPERTY LINE VARY_ REFER TO THE TOPER MFC1t•a DRAWINGS FOR EXACT SPACW, EX. O.H. UTILITY EX CL FENCE S)ICE BIaDGE LENGTH SHOWN IS RMAnW- LENGTH AND EXACT ALIGNMENT MTH —v--v EX.MCHI BANK EX B.W. FENCE 9ElTER MAY VARY FROM DRAWING DWMEN90N4. ICE BRIDGE MLL APPROACH -:77•2 EX ELEVATION TOWER AS SHOWN. EJGSTWNC txOF1t L74'Ot.lNO UnuTtEs nrova1�._ ARE NOT SHOWN. CONTRACTOR Is TO �"��" LOCATE AND PROTECT EX15nNG'UIDER Lho : a CROU►O UTIU TIES DUtil+G CONSTRUCTION 3ft ACV,: 0.1.: ICS IESSSEE SITE - PARKDALE-B n"PLAN IS SHOWN TO CAWY THE MIHSAT10N9p O E°'/.6°" O.W. EXHIBIT OVERALL SITE PLAN C.NS w�SP�)RSOEMiFOR THE Ca.It_ Mar: 8-24--04 LEGAL OE=WriORs SOW 1tT IR 10 SURVEY BY: lsr>t.a: Dr: corm%At*-O 'COMPANY FOR OO PLM 97E lFWMATIOL EXHIBIT 'NC" 4 September 28, 2004 Consider approving a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 1620 Pennsylvania City of Beaumont Council A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District at 1620 Pennsylvania. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a beauty shop in an RCR District at 1620 Pennsylvania subject to the following condition: 1. Redesign the off-street parking to comply with city codes. (Traffic) BACKGROUND Two Hearts,Inc.,dba Two Hearts Styles and Cuts,would like to operate a beauty shop in an existing building at 1620 Pennsylvania. The beauty shop will have six chairs. Hours of operation will be from 9 a.m. - 5:30 p.m., Tuesday- Saturday. The Zoning Ordinance requires one parking space for each employee and one space for each barber chair. There will be six chairs. Twelve parking spaces are therefore required. The site plan shows on-site parking for nine cars. The five street parking spaces cannot be applied to the parking requirement. Ms. Garsee has submitted a letter from the Christ Mission Temple, which is immediately across the street, that permits the beauty shop to use the church's parking lot for overflow parking. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 20,2004,the Planning Commission voted 8:0 to approve a specific use permit to allow a beauty shop in an RCR District at 1620 Pennsylvania subject to the following condition: 1. Redesign the off-street parking to comply with city codes. (Traffic) SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A BEAUTY SHOP IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1620 PENNSYLVANIA IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to LinMarie Garsee to allow a beauty shop in an RCR(Residential Conservation and Revitalization)District located at 1620 Pennsylvania,being Lot 1, Block 8,Jersey Farm Addition, City of Beaumont, Jefferson County,Texas, containing 0.165 acres, more or less, as described on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a beauty shop in an RCR (Residential Conservation and Revitalization) District located at 1620 Pennsylvania, being Lot 1, Block 8, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 0.165 acres, more or less, as described Exhibit "A" attached hereto, is hereby granted to LinMarie Garsee, her legal representatives, successors and assigns subject to the following conditions: L::> Redesign the off-street parking to comply with city codes. (Traffic) Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2004. - Mayor Evelyn M. Lord - 11 1 .0 FUZ IZMJ'- Request fora speciric use n 1P I it sdaatia! Co per°" to allow a beauty shop in an RCR NORTH (Res" nervation and Revitalaation)District. Location: 1620 Pennsylvania A Appficant: Two Hearts„Inc.dba 'T`wo Heartb Styles and Cats SCALE k(\N moo ` - PE stirwN rueR •�� -� �- w + E+I/AIETT - ' ,e- 1� AVE ----a wEMMETT AVE.; X�►.... _ �\ — sr se» ss •, j \� 60 60 00 nQ. <_ CA 6NA I J rTEL OEU +o ad LANGHAM ,AVE. N 1,0 a. IUFORD ` STS ,a Aso so _BUFORD ST. AL 5S 4" 3 a sr • . : I : at is in Ac r` ! 01 • Z Q a N 4 W •` ! �" _Z ! ` Ito f i� K Q � ti • • $ �.! CRAIG ST. so da 4 _ Am A x ISHAMROCK AVE. Arm A ! I 7 f ! . .(�}• , 4 do tip �Iw EXHIBIT "A" vwM ��ryw• -------- ---- - r I1 1 I r 1 � 1 i1 � � C1 (D � QD -- -- I IM m ••,,:' I � y i 00 * Approval subject to the following condition: 1 Rt-desian the off-street narking to comnly with city codes. (Traffic) 5 September 28,2004 Consider approving a request for a specific use permit to allow a craft mall and a restaurant in an RCR(Residential Conservation and Revitalization)District at 1820 Pennsylvania and 1885 Park ...... City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a craft mall and a restaurant in an RCR (Residential Conservation and Revitalization) District at 1820 Pennsylvania and 1885 Park. RECOMMENDATION The Administration recommends denial of a specific use permit to allow a craft mall and a restaurant in an RCR (Residential Conservation and Revitalization) District at 1820 Pennsylvania and 1885 Park. BACKGROUND LinMarie Garsee and Jesse Gomez, dba Two Hearts Village, are requesting a specific use permit to allow the operation of a craft mall and a restaurant at 1885 Park and 1820 Pennsylvania. The subject property is currently occupied by a vacant 2,197 sq. ft. apartment house. It is the desire of the applicants to construct an additional 2,085 sq. ft. of space to that building for use as a craft mall. In addition, a separate 392 sq. ft.building will be placed on the property for use as a take-out hamburger stand. Ms. Garsee and Mr. Gomez currently operate Two Hearts Leather&More retail store at 495 Craig. It is the intent of the applicants to move this store to the new location. Additional retail space will be available for lease. Ms. Garsee states that she has prospective tenants for the remainder of the retail space and the hamburger stand. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 20, 2004, the Planning Commission voted 5:3 to deny a a specific use permit to allow a craft mall and a restaurant in an RCR(Residential Conservation and Revitalization)District at 1820 Pennsylvania and 1885 Park. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager and the Public Works Director ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CRAFT MALL AND A RESTAURANT IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 1820 PENNSYLVANIA AND 1885 PARK IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to LinMarie Garsee and Jesse Gomez to allow a craft mall and a restaurant in an RCR (Residential Conservation and Revitalization) District located at 1820 Pennsylvania and 1885 Park, being Lot 1, Block 1, Johnson Addition and Tracts 27-28 and the N 50' of Lot 29, Plat P, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 1.02 acres, more or less, as described on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a craft mall and a restaurant in an RCR (Residential Conservation and Revitalization) District located at 1820 Pennsylvania and 1885 Park, being Lot 1, Block 1, Johnson Addition and Tracts 27-28 and the N 50' of Lot 29, Plat P, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 1.02 acres, more or less, as described Exhibit "A" attached hereto, is hereby granted to LinMarie Garsee and Jesse Gomez, their legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2004. - Mayor Evelyn M. Lord - J cL,1161c,1 21 � I, t „ .10 tr to IT t1• to .• if At r � t- FILE 1738-P: Request for a specific use _.._ permit to allow a craft mafl and a restaurant NORTH • in an RCR(RcsideatW Consemation and Revitalization) Disttrict, Location: 1320 Pennsylvania and 188S Park Applicant: Two Hearts YMage . SCALE �..�.. 1"=200' ROr-dl ��. ROYAL ST. �cc •n s/ [• v—� 60 60 by • _ •�., q i ov" r1' S r7 rt EE i0S1! K YI \ t CL ttLL if E�,�x a • 'CRAIG ST. ZrZL„ X92 q� 3 , , •yo5 1 1 7 60 a f � N u do dr 3 IRMA ST. -- - ) IRMA FAY ST. 3 , r C) '! r• tr� � f`/ Jt SAY A.y'fC IAVe' ") I C. 47 UNDERHIIL AVE. Z r' !r v W ti - W; rRRJ t D Z ,- C4mMD A • / w ^ i EXHIBIT "A" m 1 Lu vl to o. ...... ..... lt. �/� /• I ,fA/�,1 MCr-� I rnr f � •Kn�.r.r n.i. I W + w+ 6 September 28,2004 Consider approving a request for a specific use permit to allow a cellular telephone transmission tower in a C-M(Commercial-Manufacturing) District at 6355 Highway 69 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a cellular telephone transmission tower in a C-M(Commercial-Manufacturing) District at 6355 Highway 69. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a cellular telephone transmission tower in a C-M(Commercial-Manufacturing)District at 6355 Highway 69 subject to the following condition: 1) Gates on SH. 347 driveway shall open into the property and not as shown. 2) The facility shall be surrounded by a chainlink fence with landscaping or a wooden fence. BACKGROUND Cingular Wireless would like to construct a 180'self support cellular telephone transmission tower in a C-M(Commercial-Manufacturing)District. Cingular Wireless will be leasing a 75'x 75'parcel of property from Golden Triangle Church on the Rock,which is located at 6310 Highway 69. The location of the tower will be in the northeast corner of the church's property. The facility, as proposed,will be surrounded by a chainlink fence and will include the tower and an 11'5" x 20' equipment shelter. The surface of the facility will be paved with 6" of compacted aggregate. Access will be off of Twin City Highway. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held September 20,2004,the Planning Commission voted 7:0 to approve a specific use permit to allow a cellular telephone transmission tower in a C-M District at 6355 Highway 69 subject to the following conditions: 1) Gates on SH. 347 driveway shall open into the property and not as shown. 2) The facility shall be surrounded by a chainlink fence with landscaping or a wooden fence. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CELLULAR TELEPHONE TRANSMISSION TOWER IN A C-M (COMMERCIAL- MANUFACTURING) DISTRICT LOCATED AT 6355 HIGHWAY 69 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Cingular Wireless to allow a cellular telephone transmission tower in a C-M (Commercial-Manufacturing) District located at 6355 Highway 69, as described on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a cellular telephone transmission tower in a C-M (Commercial-Manufacturing) District located at 6355 Highway 69, as shown on Exhibit"B" attached hereto, is hereby granted to Cingular Wireless, its legal representatives, successors and assigns, subject to the following conditions: 1) Gates on SH. 347 driveway shall open into the property and not as shown. 2) The facility shall be surrounded by a chainlink fence with landscaping or a wooden fence. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINAtiCE PURPOSES BEING a 0.1291 acre (5625 square feet) tract of Icnd situated in the Pelham Humphries Survey A-32, Jefferson County,. Texas and being a part of and out of that certain celled 12.63 tract as described in conveyance to Golden Triengle Church of the Rock and recorded in Jefferson County Clerk's File No. 9318877, said 0.1291 acre parcel being more fully described fy metes and bounds cs follows; COMMENCING at a 1 " golvonized iron pipe found at the intersection of the southwesterly right of way line of State ;-iighway 347 as described in Right—of—Woy Deed recorded ir. Volume 93 Page 56 of the Jefferson County Deed Records with the northwesterly line said called 12.63 acre tract; THENCE South 51'44'03" Ecst, along and with the said southwesterly line of State Highway 347, for a distance of 12.02 feet to a point for corner,; THENCE South 38'15'57" West a distance of 25.00 a 5/8" iron rod with cop set for the most northerly corner or the herein described tract and being the PLACE OF BEGINNING; THENCE South 51'44'03" East 75.00 feet to a set 5/8" irbn rod with cap; THENCE South 38'15'57" West 75.00 feet to a set 5%8•' iron rod with cap; THENCE North 51'44'03" West 75.00 fee; to a set 5/8' iron rod with cop; THENCE North 38'15'57" East 75.00 feet to the PLACE CF BEGINNING. Basis of Bearing: Grid North Texas State Plane Coordinate System, NADB�, South Central Zoi .e. EXHIBIT "A" FILE 1740-P: Request for a specific use permit to&Dow&cellular tetephont NORTH transmission tower in a C-M(Commercial Manufacturing) District Location: 6355 Highway 69 j Applicant: Cutgu!&r Wireless SCALE N.T.S. ,r f T S y EOTa A • �/ �1'r , �' �� yak i P • r 5 s � .. • � / � fl � •c r HI "V 1 ti t K� EXHIBIT "B" * Approval subject to the following conditions: 1) Gates on SH. 347 driveway shall open into the property and not as shown. 2) The facility shall be surrounded by a chainlink fence with landscaping or a wooden fence. n� ma`,ow. a Mau aft' D kc VAM mm ,. IL .I . , ..�* 14"W LSO"Wrin VAMW it I � \P_/1sx�OwUY mia C "MMS OW ALL gar a.+w,ao, ./ x I 4 1 k k I _: i I AOM V. IM) - - -_- - .__. -.-- .- - ....... — -- -— .._- J�-�'A(rOZ1 �9.....69bt4 x _ oar ------- -� e-n�- - --_.- -.----._.._.-- �tfU1AAEDSRE RATI ��♦ ".rte" _. 1sl7, i onC n"ima WONT(71� -`-- --- - -- .� --- - N. 7�Iyg1 P�i11 t �1� ON Pff is Ingular XC W-MO-iM� HW-*W-"r-N 0 7 September 28, 2004 Consider approving a request to abandon part of a 10'utility easement at 5710 Longwood Lane City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson,Planning Manager MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21, 2004 REQUESTED ACTION: Council consider a request to abandon part of a 10'utility easement on Lot 12A, Block 1, Manion Oaks, Section 4 at 5710 Longwood Lane. RECOMMENDATION The Administration recommends approval of the request to abandon part of a 10'utility easement on Lot 12A, Block 1, Manion Oaks, Section 4 at 5710 Longwood Lane. BACKGROUND Doug Canant, with DD#6, states that the property owners were very cooperative in a joint project between DD#6 and the City whereby they allowed DD#6 to place two 36" storm culverts through their yard and granted DD#6 an easement for that purpose. Because of the property owners' cooperation, Mr. Canant told them that he would pursue the abandonment of a portion of a utility easement which is no longer needed. This item was sent to all interested parties. No objections were received. BUDGETARYIMPACT None. PREVIOUS ACTION At a Regular Meeting held September 20,2004,the Planning Commission voted 8:0 to approve the request to abandon part of a 10'utility easement on Lot 12A, Block 1, Manion Oaks, Section 4 at 5710 Longwood Lane. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A TEN (10) FOOT UTILITY EASEMENT AT 5710 LONGWOOD LANE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT part of a ten (10) foot utility easement on Lot 12A, Block 1, Manion Oaks, Section 4 at 5710 Longwood Lane, described and shown on Exhibits"A," "B," and "C" attached hereto, be and the same are hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2004. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCES PURPOSES BEING a 0.007-acre tract of land out of Lot 12A of the Manion Oaks Subdivision, Section 4, as recorded in the Map Records of Jefferson County, Vol. 9, Page 185, Beaumont, Jefferson County, Texas, and being a portion of that certain 10'wide utility easement shown on Lots 12 and 12A of the aforementioned subd irision; For locative purposes, COMMENCE at the southwest corner of that certain 10'wide drainage easement conveyed to the City of Beaumont and recorded in the Real Property Records of Jefferson County, File 2003005692, and being in the %vesterly line of the said Lot 12A and the easterly right-of-way line of Longwood Lane; THENCE north 78'30'51" east along the south line of the said 10'wide drainage easement, a distance of 69.09' to the most westerly corner of the tract herein described and the PLACE OF BEGINNING at the intersection of the southerly lines of the said 10' wide utility easement and the said 10'wide drainage easement; THENCE north 78'30'51" east along a north line of the tract herein described and the south line of the said 10' wide drainage easement across the said 10'wide utility easement, a distance of 43.87'to an angle point at the intersection of the southerly line of the 10'wide drainage easement and the northerly line-of the said 10'wide utility easement; THENCE south 88'18'40" east, along a north line of the tract herein described and the said 10' wide utility easement, a distance of 6.24'to the northeast corner of the tract herein described in the west easement line of the 16'utility easement as platted in the said subdivision along the east line of Lot 12A; THENCE south 24'5945" east along the east line of the tract herein described and the crest line of the said 16'utility easement, a distance of 11.19'to the southeast corner of the tract herein described in the south easement line of the aforementioned 10' utility easement; THENCE north 88'18'40" west along the south line of the tract herein described and the said 10'utility easement, a distance of 53.98' to the PLACE OF BEGINNING containing 0.007 acres of land more or less. EXHIBIT "A" 1 �+ Ir FILE b71-0B: Request to abandon part of a 10' utility easement on Got 12A, Block 1, NORM Manion Oaluk Section 4. Location: 5710 Longwood Lane Applicant: Neil Fogel SCAU V-2000 � to M � ti • r at a I!!7 t !` t t"/ • N Zed v t 1'G �OA% OP: F3 vti o U s 4 3 e 44 0 tAf, O ,nisy� 2 1► O �"'1 .0:46- ;,li'^p1AVEAVE oor%mE pAKi' 9 r s o a its �I �I n ir .4963 IL vro caste •si ss J: fLlt n .ix is is Wss ! to At LONGWOOD UWE _• x �, • AV SJV i a� ss ays• � 1 sn sb • AV , O ,ao raw .o�.• f - O AWS - 7R x e • _ 11 U • W&I tt tt;' H rs a 'v x .f Ars EXHTBIT a 10' UTILITY BLOCK 1 \ \ SURVEY OF A LOT 12 EASEMENT PER PLAT S 88018'40"E 0.007 ACRE TRACT N 78.30'51"E 6'24' \ (EXISTING EASEMENT 43.87' \ TO BE ABANDONED) 1 - - - - _ _ S 24'59'45"E 11.19' \ 0rr 10 20 .� P.O.B. 5 N 88-18'40`�W N 78 30 51 E 53.98' \ 69.09' P.O.C. 10' DRAINAGE EASEMENT \ eO CITY OF BEAUMONT \ 'G�,� R.P.R.J.C. FILE 2003005692 \ 00 \ y 16' UTILITY \ EASEMENT Cy PER PLAT yc^ \ OF •M�� \ ��s T Eq 9 LOT 12—A DOUG SANDERS CANANT 1R. \ 9 5291 Q.-'Q \4 \ �IV �.° r*ice SugON`5 N \\ ~°~Rtss�S U a4 MpN�oN �Ecl o 9,N 4pG von. 1 g5 M R \ 1 HEREQY CERTIFY THAT I HAVE ,.0 \ PREPARED THIS PLAT FROM AN ACTUAL AND ACCURATE SURVEY OF THE LAND, WITH NO IMPROVEMENTS LOT 12—P \� i � sH DITCH 100 � SURVEY OF A REGISTERED OFESSIONAL LAND lURV&6R 0.007 ACRE TRACT I — Jefferson County Drainage District No. 8 6330 Walden Road Beaumont, Texas 77707 (UTILITY EASEMENT (409) 842-1818 TO BE ABANDONED) PBBP, BY JEFFERSON N COUNTY OUT OF LOT 12—A, BLOCK 1 DRAINAGE DISTRICT NO. 6 MANION OAKS SUBDIVISION ENGINEERING DEPARTMENT SECTION 4 Fri,20 Aug 2004 BEAUMONT, JEFFERSON COUNTY, TEXAS 8 September 28,2004 Consider passing on third and final reading an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States, Inc. and granting a new franchise to Entergy Gulf States, Inc. adopting a new method of compensation City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols,City Attorney MEETING DATE: September 28, 2004 AGENDA MEMO DATE: August 19,2004 REQUESTED ACTION: Council to consider adopting an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States,Inc.and granting a new franchise to Entergy Gulf States,Inc.adopting a new method of compensation. RECOMMENDATION Administration recommends approval of an,ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States,Inc.and granting a new franchise which will include a new method of compensation to the City for the use of its streets and rights-of-ways. BACKGROUND The State of Texas enacted Senate Bill 7 (76h Legislature, 1999)which provided for retail electric competition to commence in most of the State on January 1,2002. That same legislation provided that utilities providing distribution service would begin paying franchise compensation to cities for the right to use city rights-of-ways based on a factor equal to the franchise revenue received by the city during the year 1998 divided by the number of kilowatt hours used in that year. This method of compensation substituted for what was in Beaumont 4% of gross receipts of the company for providing electric service. However, rates for Entergy Gulf States, Inc. in 1998 had been reduced significantly based on pending rate actions. As a result, the factor which was based on 1998 total receipts has not produced revenues for the years 2002,2003 and 2004 that were even equal to 1998 franchise revenues. Franchise revenues to the city have been significantly less than they should have been. MEETING DATE: September 28, 2004 PAGE 2/2 AGENDA MEMO DATE: August 19, 2004 REQUESTED ACTION: New Franchise for Entergy Gulf States, Inc. This problem was discussed with Dan Lawton,an attorney who has represented the coalition of cities in rate matters in the past. He suggested that the law allowed the company and the city to enter into a franchise agreement with new compensation provisions. To that end, we scheduled a meeting on August 5, 2003 with 1Entergy Gulf States,.Inc. which was coordinated with the City of Port Arthur who had the same franchise compensation problems. At that meeting, the Cities of Beaumont and Port Arthur agreed in principal with Entergy Gulf States, Inc. to a procedure which would result in the enactment of a new franchise agreement which would include a compensation provision that allowed for a per kilowatt hour unit rate calculated on the year 2001. The company was willing to participate in this project so long as they could be made whole for any additional franchise fees,costs or expenses which resulted from the new franchise, its implementation and approval by the Public Utilities Commission of Texas. The new franchise ordinance which is presented today complies with that general understanding in that it provides the City of Beaumont with a new compensation method which will produce revenues above last year's payment in excess of$1,000,000. Additionally,it provides safeguards to insure that the incremental costs of these franchise payments to Entergy Gulf States, Inc. will be collected through a surcharge rider to be approved by the City first and then by the Public Utilities Commission. Additionally, the franchise provides for the reimbursement to the company of any additional expenses or costs associated with the approval of this plan or the implementation of the ordinance. We contemplate that many other cities will enact new franchise ordinances. When they do so they will pay a portion of the additional costs reimbursed to Entergy Gulf States, Inc. BUDGETARY IMPACT The new franchise will produce higher franchise revenues to the City commencing after the franchise and the surcharge rider are approved by the Public Utilities Commission of Texas. Under our Charter,franchises require three readings before they are passed. The franchise does not take effect until sixty(60) days after its adoption on the third and final reading;which means if this ordinance is adopted on the first reading on August 24,2004,it could not be passed until September 28,2004. It would then be effective in late November subject to the approval of the surcharge rider by the Public Utilities Commission of Texas. PREVIOUS ACTION None. SUBSEQUENT ACTION The ordinance must be adopted in accordance with the charter which requires that its adoption must be at least thirty(30) days from its first reading. RECOMMENDED BY City Manager and City Attorney. ORDINANCE NO. 04-068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ACCELERATING THE EXPIRATION OF THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY OF BEAUMONT AND ENTERGY GULF STATES, INC., WHICH PASSED THIRD AND FINAL READING ON THE 19TH OF SEPTEMBER, 1961 AND WAS AMENDED BY ORDINANCE NO. 82-137, AND GRANTING A NEW FRANCHISE TO ENTERGY GULF STATES, INC.; AUTHORIZING THE CITY'S ATTORNEY TO SEEK APPROVAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS OF A FRANCHISE FEE SURCHARGE TARIFF; PROVIDING AN EFFECTIVE DATE UPON THE ACCEPTANCE IN WRITING OF THE SURCHARGE BY ENTERGY GULF STATES, INC.; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. WHEREAS, the City of Beaumont ("City") contends that consideration or compensation for the use of the City's streets, alleys and rights-of-way paid by Entergy Gulf States, Inc. ("EGSI" or "Company") has not kept pace with changes in the rate of inflation or the increasing cost of goods and services or the requirements of the Public Utility Regulatory Act Section 33.008; and WHEREAS, Section 1 of Ordinance 82-137 which amends Sections 11 and 19 of the franchise agreement which passed on its third and final reading on the 19th of September, 1961, hereinafter sometimes referred to in combination as the "existing franchise agreement", provides for the annual payment consisting of the sum of money equal to four percent (4%) of the annual gross receipts of Company within the City from electric lighting and power sales for consumption within the corporate limits of the City, exclusive of receipts from (i) sales to industrial consumers, (ii) sales for governmental pumping, and (iii) street lighting; and WHEREAS, the method of calculating this payment was modified by EGSI in Ordinance 1 response to the enactment, by the 76th Legislature, of Section 33.008 of the Public Utility Regulatory Act ("PURA"), and the revised rate, as provided by said statute, is $0.00215246407 per kilowatt hour ("kWh") for each kWh delivered by EGSI within the corporate limits of the City and is a reflection of calculating the rate based upon consumption instead of gross receipts; and WHEREAS, the City of Beaumont is concerned that the per kWh method of calculating the amount of franchise fees due to the City may produce a lower level of franchise compensation than the gross receipts method contained in Section 1 of Ordinance No. 82-137 if, with everything else being equal, the cost of electric generation increases; and WHEREAS, laws enacted by the 76th Legislature provide that on the expiration of a franchise agreement existing on September 1, 1999, an electric utility and a municipality may mutually agree to a different level of compensation or to a different method for determining the amount the municipality may charge for the use of a municipal street, alley, or public way in connection with the delivery of electricity at retail within the municipality; and WHEREAS, the City desires, and EGSI agrees, conditional upon EGSI's satisfaction that procedures are in place by which EGSI will recover any and all incremental increases in franchise payments, associated with this ordinance, over the amounts calculated pursuant to the existing franchise agreement, as modified by Section 33.008 of PURA, together with all associated costs and expenses, including gross receipts taxes, to accelerate the expiration of the existing electric franchise, and to execute a new franchise agreement which is consistent with the new law; and WHEREAS, it is reasonable that EGSI, as a condition to its agreement, requires procedures and processes to be in place, to its satisfaction, by which it will recover all associated increases in payments and associated costs, expenses and taxes; and WHEREAS, it is reasonable that the expiration of the existing franchise and the contemporaneous implementation and effect of new franchise agreement be conditioned upon EGSI's acceptance in writing of an order of the Public Utility Commission of Texas ("PUCT" or "Commission") which approves a surcharge that Ordinance 2 authorites the Company to collect any incremental increase in franchise payments over the amounts calculated pursuant to the existing franchise agreement, as modified by Section 33.008 of PURA, together with all associated costs and expenses, including gross receipts taxes; and WHEREAS, it is the intention of the City and EGSI that certain provisions of this ordinance providing for EGSI's recovery of any incremental increase in franchise payments over the amounts calculated pursuant to the existing franchise agreement, as modified by Section 33.008, together with all associated costs and expenses, shall remain in effect even if other provisions, such as, but not limited to, those providing for a per-kWh calculation of franchise payments, are found to be null and void; and WHEREAS, by this ordinance the City is authorizing the City's attorney to take action to obtain a PUCT order that would include the provisions set forth in the immediately preceding paragraphs; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS THAT: Section 1. That the findings and provisions set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The expiration date of the existing franchise agreement is hereby amended to provide for an expiration date contemporaneous with the effective date of this ordinance and the attached franchise agreement ("new franchise agreement"). Section 3. Subject to EGSI's acceptance, as provided in this ordinance and the new franchise agreement and as required for this ordinance to become effective, the franchise agreement attached as Exhibit A and signed (for the purpose of this ordinance "new franchise agreement"), is hereby enacted and is incorporated by reference herein and will be in full force and effect upon the effective date as provided therein and in Section 5 of this ordinance. Section 4. This Section 4 is included for explanatory purposes only and is not intended to change or alter, and does not change or alter, in any respect, the new franchise agreement. a. The new franchise agreement provides that the franchise fee due Ordinance 3 from EGSI shall be calculated by multiplying the factor of $0.00316612909 per kWh times the total kWh delivered by EGSI during the preceding calendar quarter to each retail customer whose consuming facility's point of delivery is located within City's boundaries. This franchise rate replaces the rate provided by the franchise agreement existing on the effective date of this ordinance, as modified by Section 33.008 of the Public Utility Regulatory Act ("P U RA"), b. This ordinance and the new franchise agreement, including the franchise rate therein, reflect the mutual interest of both the City and EGSI. An underlying premise is that the Company shall be kept financially whole with respect to any and all increases in franchise fees calculated pursuant to the new franchise agreement over and above the franchise fees calculated under the existing franchise agreement, as modified by Section 33.008 of the PURA, together with all associated costs and expenses, including gross receipts taxes ("incremental amounts"). Consistent with this premise, the Company shall collect such incremental amounts through a "corresponding surcharge." C. As provided below, and as provided in the new franchise agreement, the corresponding surcharge must be approved by the Public Utility Commission of Texas as a condition to this ordinance taking effect. Attached to this ordinance as Exhibit B is a tariff entitled Municipal Franchise Fee Surcharge that City intends as the corresponding surcharge, subject to any amendments necessary to accommodate EGSI's acceptance as required herein. Section 5. Effective date. Except as provided in Section 7 below, this ordinance shall take effect ("effective date") upon the latter of 1) its final passage, or 2) EGSI's acceptance, in writing (in the form provided below) of a final order of the Commission ("final order") approving the corresponding surcharge implementing collection of the incremental amounts described in Section 4. Such acceptance shall be Ordinance 4 within the sole discretion of EGSI. If applicable, such acceptance shall be filed with the Office of the City Secretary, within thirty (30) days of the final order, in substantially the following form: To the Honorable Mayor and City Council: EGSI acting by and through the undersigned authorized officer hereby accepts in all respects, on this the day of , 2004, Ordinance No. amending, and accelerating the expiration of, the existing electric franchise between the City and EGSI and implementing the new franchise agreement, and the same shall constitute and be a binding contractual obligation of EGSI and the City. Entergy Gulf States, Inc. By: Title: In the event that EGSI has not filed said acceptance as required, and in the form provided, within the specified thirty (30) day period, this ordinance shall not become effective. Section 6. Upon the effective date of this ordinance, EGSI is authorized to charge the Municipal Fee surcharge as set forth in the attached tariff, or any amendment thereof, as the corresponding surcharge referred to in Section 4, said surcharge to be effective on the 1st day of the 1st full billing cycle subsequent to the effective date of this ordinance. Section 7. Notwithstanding the provisions of Section 5 above, the following provisions shall apply and become effective upon the passage of this ordinance [which shall be prior to its effective date as defined in Section 5]: (a) City's attorney is authorized to take action to obtain a PUCT order as contemplated in this ordinance and approving the attached Municipal Franchise Fee Surcharge, which shall be amended as necessary to accommodate EGSI's acceptance as required herein. (b) As part of the consideration for this ordinance and the new franchise Ordinance 5 agreement, the City shall bear the costs and expenses associated with obtaining the approval of the corresponding surcharge (regardless of whether the PUCT approves the corresponding surcharge and regardless of whether EGSI accepts such approval). Such costs and expenses include, but are not limited to: i. costs and expenses of the City, related to obtaining approval of the corresponding surcharge; and/or ii. costs and expenses of or to EGSI related to obtaining approval of the corresponding surcharge, whether such costs and expenses are associated with EGSI's employees or consultants and/or attorneys retained by EGSI, including, but not limited to, costs and expenses incurred in preparing for and/or supporting the PUCT filing, docket or proceeding initiated for the approval of the corresponding surcharge. Such costs and expenses of or to EGSI, as are enumerated in Subsections 7(a)(i) and (ii) above, including carrying costs, shall be recovered from the City pursuant to direct payment or a reduction of future franchise payments as provided in this subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any such costs or expenses, such 30 days to run from City's receipt of Company's written notice, which written notice shall identify any such costs and expenses. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of such costs and expenses, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid portion of such costs and expenses identified. At its sole discretion, EGSI may recover all costs or expenses identified in any notice in a one-time reduction to a future franchise payment. EGSI is authorized to pursue the procedure(s) set forth in this subsection periodically as determined by EGSI, in its sole discretion, to be required for the recovery Ordinance 6 of any ongoing expenditure of such costs and expenses. Section 8. Nothing in this ordinance, nor EGSI's acceptance as provided herein, has the affect of conceding City's jurisdiction over EGSI's rates, including the corresponding surcharge. Section 9. The attached Municipal Franchise Surcharge (or an amendment as referenced in Section 6) and Franchise Agreement signed by the Mayor, City of Beaumont the President, EGSI—TX, and dated the day of , 2004, are adopted and made part of this ordinance. Section 10. If any provision, section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portions of this agreement shall not be affected thereby, it being the intent of the City in adopting this ordinance that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation, and, to this end, all provisions of this ordinance are declared to be severable. Section 11. It is hereby officially found and determined that the meeting at which this Ordinance passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED ON THE FIRST READING this day of , 2004. ATTEST: City Secretary Mayor PASSED AND APPROVED ON THE SECOND READING this day of , 2004. ATTEST: Ordinance 7 City Secretary Mayor READ IN FULL AND PASSED AND ADOPTED ON THE THIRD REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF this day of , 2004. ATTEST: City Secretary Mayor Ordinance 8 FRANCHISE AGREEMENT WHEREAS, the City of Beaumont ("City") desires to enter into a franchise agreement granting to Entergy Gulf States, Inc. ("EGSI" or "Company") the right, privilege and franchise to conduct within the City, an electrical lighting and power business and to enter upon, erect, construct, maintain, extend, repair, replace and remove in, under, upon, within, over, above, across and along any and all of the present and future public roads, highways, streets, lanes, and alleys of the city, and over and across any and all stream or streams, and bridge or bridges now or hereafter owned or controlled by City, a system of poles, pole lines, towers, distribution lines, transmission lines, wires, guys, cables, conduits, transformers, and other distribution and transmission instrumentalities, facilities and appurtenances (including telephone and telegraph poles and wires for said company's own use), necessary or proper for the transmission and distribution of electricity into, in, within, from, across, and through the City , as now existing, or as said city limits may hereafter be extended; and WHEREAS, the City desires to grant EGSI, its successors and assigns, the authority to use such for the purpose of transmission, distribution, delivery and sale of electricity to the City, and to the inhabitants of the City, or any other person or persons, firms or corporations, wherever located within or without the city limits of Beaumont, for use by such purchaser or purchasers, for light, power, cooling and heat or for either or all of said purposes, or for any other purpose or purposes for which electricity may be used; WHEREAS, the franchise provided herein shall be effective until February 12, 2018, commencing upon and extending from the effective date as provided herein; WHEREAS, the City desires to provide for: the temporary removal, raising or lowering by Company of its wires and other appurtenances; the right to, and condition of, the opening of pavements and sidewalks by company; the retention of all rights of City to regulate the location of Company's facilities in, upon, along, under and over the streets, alleys and other public places of City, as well as to require the re-location of same; the waiver of claims for damages by Company Franchise Agreement Page 1 EXHIBIT "A" against, and the provision of indemnity to, City; efficient electrical service and the maintaining of Company's facilities; the use by City for the purposes specified of poles and conduits of Company; WHEREAS, the City and Company desire to provide for: fair compensation, and method of payment of such, to the City for the use by Company of the streets, alleys and public ways of the City; and the surcharge recovery by EGSI of certain incremental franchise payments, together with associated costs and expenses (including gross receipts taxes), paid to the City by Company pursuant to this franchise; WHEREAS, said franchise shall: provide for the maintenance of records by Company with right of inspection by City reserving to City all powers of regulation; prohibit assignment except by consent by City; give City's consent to the cutting and trimming by Company of conflicting trees; provide a sevejability clause; provide that this franchise shall not be exclusive; and provide that the City shall have the right at any time within five years of the expiration of the term hereof, but prior to the last twelve months of said term, to purchase, or cause to be purchased, the property of the holder of this franchise within the limits of City and devoted to public service hereunder, and shall provide a method of determining the value of such properties if such purchase is made; make miscellaneous provisions relative to this grant of franchise; and repeal all previous electrical lighting and power franchise ordinances and agreements; and WHEREAS, said franchise shall provide for the publication of this franchise agreement and condition its effectiveness on acceptance by Company as provided therein; NOW THEREFORE: Section 1. Subject to the terms, conditions, and provisions of this franchise agreement (sometimes "franchise" or "agreement"), the City of Beaumont, Texas, hereinafter referred to as "City", does hereby grant unto Entergy Gulf States, Inc., hereinafter referred to as "EGSI" or "Company", its successors and assigns, the right, privilege and franchise to conduct within the boundaries of the City, as such Franchise Agreement Page 2 boundaries now exist or may hereafter be extended, an electrical lighting and power business and to enter upon, erect, construct, maintain, extend, repair, replace and remove in, under, upon, within, over, above, across and along any and all of the present and future public roads, highways, streets, lanes and alleys of the City and over and across any stream or streams, bridge or bridges, now or hereafter owned or controlled by the City a system of poles, pole lines, towers, distribution lines, transmission lines, wires, guys, cables, conduits, transformers, and other distribution and transmission instrumentalities, facilities and appurtenances (including telephone and telegraph poles and wires for Company's own use) necessary or proper for the transmission and distribution of electricity into, in, within, from, across and through the City as now existing or as the said city limits may hereafter be extended; and Company, its successors and assigns, are authorized to use said poles, pole lines, towers, distribution lines, transmission lines, wires, guys, conduits, transformers, and other distribution and transmission instrumentalities, facilities and appurtenances for the transmission, distribution, delivery and sale of electricity to the City and to the inhabitants of the City or any other person or persons, firms or corporations wherever located within or without the city limits of Beaumont for use by such purchaser or purchasers for light, power, cooling and heat, or for either or all of said purposes, or for any other purpose or purposes, whether same or different from those herein specified for which electricity may be used. Section 2. Company, on written request of any person, firm, corporation or governmental authority, shall relocate, raise or lower its wires, where located on, in or over the streets, alleys and other public ways of City, temporarily to permit construction work in the vicinity thereof, or to permit the moving of houses or other bulky structures. The expense of such temporary relocation, raising or lowering of such wires shall be paid by the benefited party or parties, and the Company may require the payment in advance, being without obligation to remove, raise or lower its wires until such payment shall be made, provided, however, that no such payment shall be required of the City except as provided in Section 3. The Company shall be given not less than forty-eight (48) hours Franchise Agreement Page 3 I prior notice to arrange for such temporary wire changes. Section 3. Within the streets or other public ways of the City, the location and route of all poles, stubs, guys, anchors, lines, conduits and cables placed and constructed and to be placed and constructed by Company in the construction and maintenance of its electrical lighting and power system in, within and through the City shall be subject to the reasonable and proper regulation, control and direction of the City, or of any city official to whom such duties have been or may be duly delegated. All poles erected by the Company shall be so set that they will not interfere with the flow of water in any gutter or drain and so that the same will interfere as little as practicable with the ordinary travel on the streets, sidewalks or other public way. The regulation and control herein reserved shall include, but not by way of limitation, the right to require in writing the relocation of Company facilities at Company's cost, within the streets or other public ways whenever such shall be reasonably necessary on account of the removal of a traffic hazard, the widening, change of grade, relocation or other City construction within such streets or public ways; provided, however, Company shall be entitled to be paid for its costs and expenses of any relocation, raising or lowering of its wires, required by City, pursuant to this Section or Section 2, if such expenses or costs are reimbursable or payable to the Company or the City by the State of Texas, the United States or any governmental agency or subdivision of either, whether directly or indirectly, but nothing herein shall impose any obligation on the City to pay such costs and expenses except to the extent it receives funds from the United States, State of Texas, or any governmental agency or subdivision of either, for the reimbursement or payment of same. Section 4. If it becomes necessary in furnishing electricity as contemplated under this franchise, the City grants to the Company the right and privilege to take up pavements and sidewalks, if any, in and upon said streets, alleys and highways in said City of Beaumont, and such as may be over and across any stream or bridge, for the purpose of making such excavation and installation as may be Franchise Agreement Page 4 necessary, provided, however, that Company shall not take up or excavate any pavement at any time without first securing permission of the Director of Public . Works of City or City Manager; and provided further, that all excavations and installations so made shall be performed in such manner as will cause the least inconvenience to the public, and Company shall promptly restore to as good condition as before working thereon, and to the reasonable satisfaction of the Director of Public Works of City or City Manager, all streets excavated by it. The City of Beaumont shall have the right to have one inspector present at each excavation and installation, whose salary for the time he is so present at, and traveling to and from, such excavation or installation, shall be paid by Company. Section 5. If any of the facilities installed by Company hereunder shall be in any respect damaged or injured by The City of Beaumont or any of its officers, agents, representatives, or employees, in connection with the performance of any work or repairs that may be done upon the streets, avenues, alleys, and other public places of the City of Beaumont, Company shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it, and the same is hereby in all things waived; provided, however, the foregoing portion of this Section shall not apply where such property is damaged or injured as a proximate result of installing, maintaining or removing City's equipment upon or from Company's poles, or in or from Company's ductlines, as provided in Section 9 hereof. Section 6. The City, by the granting of this franchise, does not surrender or to any extent lose, waive, imperil or lessen the lawful powers and rights now or hereinafter vested in the City under the Constitution and statutes of the State of Texas and under the Charter of the City to regulate the rates for services of Company; and Company, by its acceptance of this franchise, agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time. Franchise Agreement Page 5 Section 7. It shall be the Company's obligation hereunder to furnish efficient electrical service to the public at its rate schedule, said service to be first class in all respects, considering all circumstances, and Company shall maintain its system in reasonable operating condition during the continuance of this agreement. Section 8. Nothing contained in this franchise agreement shall be construed as conferring upon Company any exclusive rights or privileges of any nature whatsoever. Section 9. In addition to the consideration set forth elsewhere in this franchise agreement, the Company shall hold itself ready to furnish free of charge, subject to the use of the City, such pole space as may be required from time to time for the installation of City-owned traffic, police and fire alarm system conductors, and alarm or other necessary signal boxes; provided that such conductor space does not exceed the capacity of one cross-arm on any one pole, and provided that such space is then available on existing poles. The specific location for these traffic, police and fire alarm conductors and boxes on Company's poles shall be determined by the Company, and will be allotted at the times specific applications for space are received from the City. Where a main underground ductline is constructed or installed between manholes by Company after the effective date of this franchise agreement, Company shall, as part of same, provide free of charge for the installation by City of its traffic, police or fire alarm cables, one top duct having one capped off entry channel and one capped off exit channel between each two manholes, such entry and exit channels leaving the duct bank enclosure outside of, but near to, such manholes, and no cable or other equipment of City shall enter Company's manholes. Company shall, prior to each addition by it to any duct now existing or hereafter constructed, notify the Electrical Department of City of the nature and location of such intended addition; further, Company shall, along with its application for a permit to open a street for the purpose of laying a new duct, provide the City Electrical Department and the Franchise Agreement Page 6 I City Engineer's office each with a set of plans showing the type, number, and location in the street, of the ducts to be constructed. City, prior to the original installation by it of its equipment in any such top duct, shall notify Company of the time and place it intends to make such entry and installation. All cables installed by the City in Company ducts shall be of the non-metallic, sheath type to prevent corrosive or electrolytic action between the City and Company-owned cables. All City-owned conductors and cables, whether on poles or in ductlines, shall be constructed, maintained and operated in such manner as to not interfere with or create a hazard in the operation of the Company's electrical transmission and distribution system. Further, all City-owned traffic, police and fire alarm conductors, and alarm boxes, and any City circuits on Company poles, and all cables installed by City in ducts constructed by Company, shall be installed in strict compliance with the applicable provisions of the National Electric Safety Code, Handbook 30, as published in March, 1948, by the United States Department of Commerce, Bureau of Standards, as from time to time amended or supplemented; provided, however, nothing herein shall impair the right of the City in the future by ordinance to adopt any new, amended or revised code, or by ordinance to specify such further or different standards as may be found to be in the public interest. Section 10. The design and purpose of this franchise fee compensation clause is to establish an administratively simple uniform method of compensating the City for the use of the public right-of-way that: (1) is consistent with state law; (2) is consistent with the opening of the markets for competition; (3) is competitively neutral and nondiscriminatory; (4) is consistent with the burdens placed on the City created by EGSI's use of the right-of-way; (5) provides fair and reasonable compensation for the use of the public right-of-way; and (6) provides a mechanism by which EGSI will remain financially whole with respect to any increases in franchise payments resulting from the implementation of this franchise over and above the franchise fees calculated under the previous franchise agreement, as modified by Section 33.008 of the PURA, together with all associated costs and expenses, including gross receipts taxes. (Hereinafter, Franchise Agreement Page 7 such incremental franchise fees and associated costs and expenses, including gross receipts taxes are referred to as "incremental amounts"). (a) In consideration of the right granted by the City to EGSI to use and occupy the Public Ways in the City for the conduct of its business under this agreement, the Company agrees to pay to the City franchise fees in the amount and manner described herein. The rate provided in Subsection (b) shall be effective for any delivery of electricity that will be billed to retail customers on the first day of the month immediately following the effective date of this franchise agreement. Franchise fee rental payments shall be made on a quarterly basis on or before the 15 th day of May, August, November and February for the preceding calendar quarter ending March, June, September and December of each year. The first quarterly payment shall be due on the due date immediately following the first full calendar quarter following the effective date of this agreement. If necessary, EGSI shall adjust its first payment to include any increase in the amount of franchise fees resulting from this agreement that are owed for deliveries made in any partial previous quarter for which this agreement became effective. All franchise fees due and owing to the City for the period prior to the effective date of this agreement shall be paid on or before the first day of August subsequent to the effective date of this franchise agreement. (b) Except as otherwise provided below in Subsection 10(g), and subject to any reductions in payments as provided below in this Section 10, the quarterly franchise fee shall be a sum of money which shall be equivalent to a $0.00316612909 charge per kilowatt hour (or "kWh") multiplied times the number of kilowatt hours delivered by EGSI to each retail customer whose consuming facility's point of delivery is located within the City's boundaries. (c) An underlying premise of this franchise agreement and the ordinance implementing it is that the Company shall be kept financially whole with respect to any and all incremental amounts, as defined above in this Franchise Agreement Page 8 Section 10. i. EGSI shall collect such incremental amounts through 1) a corresponding surcharge designed to collect the incremental increases in franchise fees calculated pursuant to the rate set forth in Subsection (b), including any increase due to the escalator provided for in Subsection 10(I), over and above the franchise fees calculated under the previous franchise agreement, as modified by Section 33.008 of the PURA, along with all applicable taxes, including gross receipts taxes ("corresponding surcharge"), which surcharge shall be approved by the Public Utility Commission of Texas ("PUCT" or "Commission"), and 2) a direct payment from the City to EGSI or a reduction in franchise payments to City, as set forth below. ii. The corresponding surcharge referred to in the preceding Subsection shall become effective on the 1st day of the 1st full billing cycle subsequent to the effective date of the ordinance implementing this franchise. iii. In the event the Company does not collect in the corresponding surcharge all incremental amounts associated with the three-month periods corresponding with the quarterly due dates as set out in Subsection 10(a), the Company is authorized to collect such amounts not collected in the surcharge ("uncollected difference") through either direct payment by City or a reduction of franchise payments to City as provided in this Subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any uncollected difference, such 30 days to run from City's receipt of Company's written notice, which shall identify the uncollected difference, the time period over which the uncollected difference accrued and a detailed explanation of the calculations. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of the uncollected Franchise Agreement Page 9 difference, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid uncollected difference not paid by the City. EGSI is authorized to implement the procedures set forth in this Subsection periodically as EGSI, in its sole discretion, determines is necessary to recover any ongoing uncollected difference. iv. With respect to the preparation for, or implementation of, retail open access in EGSI's Texas service territory, City agrees to authorize and support the approval and implementation of a monthly surcharge for both Entergy's affiliate distribution company in Texas ("DISCO") and Entergy's affiliate retail electric provider in Texas ("REP") that provides for the collection and recovery of the same amounts as are recovered through the corresponding surcharge described in Subsection 10(c). The monthly surcharge described in this subsection shall be in addition to the base rates otherwise established for DISCO or the Price to Beat rates otherwise established for the REP. V. The corresponding surcharge described in this Subsection 10(c) shall appear as a line item on EGSI's retail electric bill and identified as a "Municipal Franchise Fee." (d) In addition to the provisions of Subsection 10(c), EGSI is authorized to reduce the quarterly franchise payments by $150.00. Further, the City shall have until the latter of December 31, 2004 or 90 days after the effective date of this franchise agreement to pay to EGSI an amount of $24,400.00 for the cost of implementing the provisions of this franchise agreement ("implementation costs"). In the event payment in full is not timely made, the Company is authorized to reduce subsequent franchise payments in an amount necessary to recover the entirety of the implementation costs. (e) The City shall bear the costs and expenses of all claims, challenges, and lawsuits, of either the City or EGSI, regarding the validity of the new franchise agreement or the corresponding surcharge, regardless if such Franchise Agreement Page 10 claim or challenge is brought before a regulatory authority or in a federal or state court of law, including payment of attorneys fees and costs associated with the defense to EGSI or affiliates of EGSI for any legal or regulatory challenge to the new franchise agreement or corresponding surcharge, at the time such claim or challenge is made. The costs and expenses referred to in this Subsection include, but are not limited to: i. costs and expenses of the City, related to obtaining the corresponding surcharge; and/or ii. costs and expenses of or to EGSI, whether such costs and expenses are associated with EGSI's employees or consultants and/or attorneys retained by EGSI in the defense of such claims, challenges and lawsuits. (f) Such costs and expenses of or to EGSI, as are enumerated in Subsection10(e) above, including carrying costs, shall be recovered from the City pursuant to direct payment or a reduction of franchise payments as provided in this Subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any such costs or expenses, such 30 days to run from City's receipt of Company's written notice, which written notice shall identify any such costs and expenses. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of such costs and expenses, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid portion of such costs and expenses identified. At its sole discretion, EGSI may recover all costs or expenses identified in any notice in a one-time reduction to a future franchise payment. EGSI is authorized to pursue the procedure(s) set forth in this Subsection periodically as determined by EGSI, in its sole discretion, to be required for the recovery any ongoing expenditure of such costs and expenses. (g) Upon the occurrence of any of the following events, the franchise fee rate provided for in Subsection 10(b) shall no longer be applicable or effective for the purpose of calculating the franchise payment: Franchise Agreement Page 11 i. the recovery of the incremental amounts through a corresponding surcharge ceases, such as (but not exclusively) through the PUCT's determination that the incremental amounts shall be recovered through the Company's base rates rather than through the corresponding surcharge; ii. the PUCT or a court of competent jurisdiction 1) finds the corresponding surcharge unlawful or otherwise prohibits the surcharge recovery of the incremental amounts; 2) finds that the franchise fees calculated under this Section 10, or the amounts collected through the corresponding surcharge or through a reduction in franchise payments, as provided herein, may not be recovered by EGSI from its customers; or 3) in some manner prevents or prohibits EGSI from recovering said incremental amounts; and iii. with respect to the preparation for, or implementation of, retail open access in EGSI's Texas service territory, EGSI or Entergy's affiliate distribution company in Texas ("Disco") or �,ntergy's affiliate retail electric provider in Texas ("REP"), at any time, is not permitted to implement the monthly surcharge described in Subsection 10(c)(iv). Upon the occurrence of any of the events enumerated in Subsections 10(g) i, ii, or iii, the franchise rate effective immediately prior to the effective date of this franchise agreement shall be applicable and effective for the purpose of calculating the franchise payment under this franchise agreement. Further, in the event the PUCT or a court of competent jurisdiction finds a portion of the corresponding surcharge unlawful or otherwise prohibits a portion of the surcharge recovery of the incremental amounts, the franchise rate provided for under Subsection 10(b) shall be amended and adjusted such that the franchise payment made by the Company to the City is no greater than the amounts the Company is authorized to collect through its base rates and the corresponding surcharge. Nothing in the immediately preceding sentence permits the realignment of the recovery of any portion of the incremental amounts Franchise Agreement Page 12 I from the corresponding surcharge to the Company's base rates, prohibited by Subsection 10(g)i. (h) If the PUCT or a court of competent jurisdiction orders EGSI to refund to customers any amounts for the franchise fees or any associated costs or expenses, including taxes, collected pursuant to this franchise agreement, such amounts refunded shall be recovered from the City pursuant to a direct payment or a reduction of franchise payments, under the procedure set forth in Subsection(c) iii above. (i) Entergy Gulf States, Inc. Franchise Fee Recovery Tariff (Corresponding Surcharge) i. City agrees that (a) it will adopt and approve the corresponding surcharge approved by the PUCT and accepted_ by EGSI as provided herein and, if required, amend accordingly the Municipal Franchise Surcharge attached to the implementing ordinance; (b) if City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of EGSI's franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of franchise fees by EGSI in the manner consistent with this agreement; (c) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by EGSI in the manner consistent with this agreement; and (d) subsequent to .this agreement becoming effective, EGSI may take whatever action with, and seek whatever approval from, the PUCT, that it deems appropriate to continue to achieve full recovery of any incremental amounts under this agreement. ii. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such incremental amounts by EGSI. iii. Neither the adoption of this franchise, the accompanying ordinance, nor the corresponding tariff shall be used by either the City or the Franchise Agreement Page 13 Company, in any proceeding before a regulatory authority or state or federal court of law, as precedent for a reduction in the Company's rates or as evidence of or support for the positions taken by the City or the Company in such matters, other than in requesting PUCT approval of the corresponding surcharge or in any direct court appeal of a PUCT order addressing the corresponding surcharge. Q) At the time of each quarterly payment, EGSI shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered to each retail customer whose consuming facility's point of delivery is located within the City's boundaries for the preceding calendar quarter upon which the franchise fee payment is calculated; (ii) a detailed listing of any claimed costs and expenses, including taxes, uncollected difference (not paid by City) and/or claimed refund items (all as referred to in this Section 10) ; and (iii) a detailed reconciliation of the quarterly franchise payment calculation. (k) Said quarterly payments above provided shall be exclusive of and in addition to ad valorem taxes. Any and all such quarterly payments made by Company pursuant to this Section shall be credited on any amount imposed, levied or assessed against Company by the City of Beaumont, pursuant to ordinance or otherwise, at any time as a charge (whether designated as rental, tax or otherwise) for the use by Company of City's streets, alleys and public ways. (1) Upon approval by the PUCT as provided herein, and beginning on the first anniversary of the effective date of this agreement and annually thereafter, EGSI shall annually adjust the total unit per kWh franchise fee rate, set forth in Subsection 10(b), by an amount to be designated in writing by the City based on one-half the annual increase, if any, in the consumer price index as calculated in accordance with the Local Government Code $283.055(,8). The adjustment provided for in this Subsection shall become effective only upon the PUCT's approval of an equivalent adjustment to the corresponding surcharge which provides for the Company's collection Franchise Agreement Page 14 through the corresponding surcharge of the increase in the franchise payment resulting from the adjustment provided in this subsection. The approval of the PUCT referenced in the immediately preceding sentence may be obtained contemporaneously with, and contained in, a final order approving the corresponding surcharge, subject to acceptance by the Company, in its sole discretion, as provided in Section 18(a). Section 11. At all times during the continuance of the rights herein granted, Company shall keep in its office at the disposal of and open to inspection by the City of Beaumont at all reasonable times all contracts, books of accounts, and costs and operating records, a full, true, complete and accurate account of all monies received and expended, and liabilities incurred by it in connection with its business in the construction, maintenance and operation of its properties operated hereunder, and also complete statistical records of its business and operations. Notwithstanding the foregoing, City may conduct an inspection, audit, or other inquiry, or may pursue any cause of action in relation to Company's payments pursuant to this agreement only if such inspection, audit, inquiry or pursuit of a cause of action concerns a payment made less than two years before commencement of such inspection, audit, or pursuit of a cause of action. Section 12. The Company, its successors and assigns shall indemnify, save and hold harmless the City from any and all claims for injuries and damage to person or property occasioned by or arising out of the construction, reconstruction, maintenance, operation or repair of said Company's electrical lighting and power system, or by the conducting of Company's business in The City of Beaumont, or in any way growing out of the granting of this franchise, either directly or indirectly, or by reason of any act, negligence or nonfeasance of the contractors, agents or employees of Company, its successors and assigns, and shall refund to City all sums which it may be adjudged to pay on any such claim, or which may arise or grow out of the exercise of the rights and privileges hereby granted, Franchise Agreement Page 15 or by the abuse thereof, and Company shall indemnify and hold the City harmless from and on account of all damages, costs, expenses, actions and causes of actions that may accrue to or be brought by any person, persons, company or companies at any time hereafter by reason of the exercise of the rights and privileges hereby granted, or of the abuse thereof; provided, however, that the provisions of this Section shall not be applicable to any claims, damages, costs, expenses, actions or causes of actions proximately resulting from the use by City, its officers, agents, representatives or employees, of Company's poles and ductlines for the installation, maintenance or removal of City's equipment, as provided in Section 9. Section 13. In granting this franchise it is understood that the lawful power vested by law in the City to regulate all public utilities within the City and to regulate the local rates of public utilities within the City, within the limits of the Constitution and laws and to require all persons or corporations to discharge the duties and undertaking for the performance of which this franchise was made is reserved; this grant is made subject to all the rights, powers and authorities either of regulation or otherwise lawfully reserved to the City. Section 14. The rights, franchises and privileges granted hereby shall not be transferred or assigned by Company except with the consent of the City Council of The City of Beaumont expressed by Ordinance passed by said City Council. Section 15. The City shall have the right and reserves the right at any time within five (5) years of the expiration of the term hereof, but prior to the last twelve (12) months of said term, to purchase or cause to be purchased the property of the holder of this franchise located within the boundaries of The City of Beaumont and devoted to public service hereunder; said purchase, if made, to be effective at the expiration of the term hereof. If the City elects to exercise such purchase right, the values of such property, if not agreed between the parties, shall be determined in an appropriate proceeding filed in any court having jurisdiction; Franchise Agreement Page 16 I provided, however, that before the City shall purchase or cause to be purchased such property of Company, the matter of such acquisition of such property shall be submitted at a municipal election to be determined by a majority vote of the qualified taxpayers voting thereon. Section 16. To the extent that the City has authority so to do, it gives to Company, during the life of this franchise, the right, license, privilege and permission to trim trees upon and overhanging the streets, alleys, sidewalks and public places of City, so as to prevent the branches of such trees from coming in contact with the wires or other equipment of Company. Company agrees that it will fully protect and indemnify City from any and all claims, demands, actions, causes of actions, damages and expenses arising because of such trimming by Company under the provisions of this Section. Section 17. (a) Except as provided in Section 10, Subsection (g), if any provision, section, subsection, sentence, clause or phrase of this franchise is, for any reason, held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portions of this agreement shall not be affected thereby, it being the intent of the City in adopting this franchise agreement that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation, and, to this end, all provisions of this franchise agreement are declared to be severable. (b) The failure of either party 1) to enforce any of its rights under this franchise agreement or 2) to take any action authorized under this franchise, shall not constitute a waiver of any rights, or a release of any obligations, provided or imposed by this franchise. Section 18. (a) This agreement shall become effective upon the latter of 1) the final passage of the ordinance approving this agreement, and 2) EGSI's Franchise Agreement Page 17 acceptance, in writing (in the form provided below) of a final order of the PUCT ("final order") approving the corresponding surcharge authorizing collection of the incremental amounts collected under the rate, as referenced in Subsection 10(c), as well as associated costs and expenses. Such acceptance shall be within the sole discretion of EGSI. If applicable, such acceptance shall be filed with the Office of the City Secretary, within thirty (30) days of the final order, in substantially the following form: To the Honorable Mayor and City Council: EGSI acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 2004, Ordinance No. amending, and accelerating the expiration of, the existing electric franchise between the City and EGSI and implementing the new franchise agreement, and the same shall constitute and be a binding contractual obligation of EGSI and the City. Entergy Gulf States, Inc. By: Title: In the event that EGSI has not filed said acceptance as required, and in the form provided, within the specified thirty (30) day period, this agreement shall not become effective. (b) Upon becoming effective pursuant to the terms of this Section, the franchise shall be in full force and effect for a term and period extending from its effective date until February 12, 2018. Section 19. This franchise replaces all former franchises granted to Company or its predecessors, which are hereby repealed, which repeal is effective as of the time the franchise herein granted takes effect. Section 20. The full text of this franchise agreement shall, after final passage by the City Council of The City of Beaumont, be published once each week for four (4) Franchise Agreement Page 18 consecutive weeks in a newspaper of general circulation published in The City of Beaumont, and the expense of such publication shall be borne by Company. Passed first reading on the day of , Passed second reading on the day of , Passed third and final reading on the day of , Passed this the day of , Approved this the day of , Mayor of the City of Beaumont, Texas Signed this day of _' 2004 President, Entergy Gulf States, Inc.--Texas Mayor of the City of Beaumont, Texas Franchise Agreement Page 19 EXHIBIT B ENTERGY GULF STATES, INC. TARIFF FOR MUNICIPAL FRANCHISE FEES Applicable: Within City Limits of Beaumont, Texas Effective Date: On 1 st day of 1 st full billing cycle subsequent to effective date of Ordinance Approving Tariff Municipal Franchise Fee Surcharge And Associated Tax Adjustment APPLICATION This schedule is applicable to all electric service rendered by Entergy Gulf States, Inc. to retail customers whose consuming facility's points of delivery are located.within .the_City Limits of Beaumont, Texas. MONTHLY RATE ADJUSTMENT Municipal Franchise Fee Surcharge $0.00101366502 per kWh In addition, the municipal franchise fee surcharge shall be adjusted for state gross receipts taxes imposed by Sections 182-021 — 182-025 of the Texas Tax Code. The municipal franchise fee surcharge shall also be adjusted by an amount equivalent to the amount of all applicable taxes and any other governmental impositions, rentals, fees, or charges (except state, county, city, and special district ad valorem taxes and taxes on net income) levied, assessed, or imposed upon or allocated to Company with respect to the Electric Service provided to Customer by Company, and any associated facilities involved in the performance of such Electric Service. The municipal franchise fee surcharge shall also be adjusted by an amount equivalent to the proportionate part of any increase or decrease of any tax and any other governmental imposition, rental, fee, or charge (except state, county, city, and special district ad valorem taxes and taxes on net income) levied, assessed, or imposed subsequent to the effective date of this tariff, upon or allocated to Company's operations, by any new or amended law, ordinance, or contract. The municipal franchise fee surcharge shall further be adjusted annually by EGSI by an amount which provides for the Company's collection through the municipal franchise fee surcharge of the increase in the franchise payment resulting from the annual adjustment to the franchise fee rate, as provided in the franchise, based on one-half the annual increase, if any, in the consumer price index as calculated in accordance with the Local Government Code X283.055(0. TERMS AND CONDITIONS Electric Service will be furnished in accordance with Entergy Gulf States Inc.'s tariff manual and standard terms and conditions. 1 9 September 28, 2004 Consider authorizing the City Manager to execute an agreement to terminate the Operation and Maintenance Agreement for Henry Homberg Golf Course City of Beaumont ~ � - OL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 20, 2004 REQUESTED ACTION: Council authorize the City Manager to execute an agreement to terminate the Operation and Maintenance Agreement for Henry Homberg Golf Course. RECOMMENDATION Administration recommends authorizing the City Manager to execute an agreement with Mr.Thomas A.Herbert to terminate his Operation and Maintenance Agreement for leasing the City owned Henry Homberg Golf Course, commencing on November 1, 2004. BACKGROUND In 1997, City Council authorized the transfer of an operating and maintenance agreement for the City's municipal golf course from Mr. Ronald Pfleider to Mr. Hebert. Mr. Pfleider, who requested the contract's assignment, had been operating the golf course as an independent contractor since 1982. Mr. Hebert offered to make improvements totaling approximately $600,000 in November 1999 in exchange for a new agreement. The new agreement provided for a ten(10)year term, commencing upon the completion of the improvements. Course improvements were financed by Mr. Hebert through an SBA secured loan from Hibernia Bank. These improvements included the construction of new greens, tee boxes and the installation of an irrigation system. Unfortunately, play at the course since the improvements were completed has not been as brisk as originally anticipated. City Council had to consider a Notice of Termination of the agreement in August 2003 due to delinquent rental payments being owed to the City and the cancellation of course workers' compensation insurance as required by the contract. Although the rental payments were Henry Homberg Golf Course September 20, 2004 Page 2 paid in full, additional contract violation notices have been issued for insufficient insurance and the non-payment of outstanding debt, including delinquent taxes. These notices were issued in March and May of 2004. Negotiations concerning the contract violations were held with Mr. Hebert during the month of August. It was determined through this process that it would be in the best interest of the City if the contract were terminated and the City began operating the golf course. The proposed agreement, as attached in its substantial form, contractually terminates the Operation and Maintenance Agreement with Mr.Hebert. According to the terms of the agreement,the City will accept the obligation to pay Mr. Hebert's debt to Hibernia Bank. An agreement with Hibernia Bank has been negotiated to finance approximately $396,500 in outstanding debt. The City will make monthly payments of less than$6,400 over a six(6)year term. Other substantial provisions of the termination agreement include the following: • The Operations and Maintenance Agreement with the City will terminate as of November 1, 2004. • Mr.Hebert will be hired as a City employee at a salary of$45,000 per year,including benefits. He will also be paid an annual car allowance totaling $3,000. • The City will purchase the equipment and supplies used by Mr. Hebert in the operation and maintenance of the golf course,including golf carts,mowers and tractors. Total value of the equipment and supplies is approximately $125,000. Mr. Hebert must represent that the equipment and supplies are not encumbered by any lien or outside debt. • Annual memberships prepaid to Mr.Hebert will be prorated and deducted from any amounts owed by the City for the purchase of equipment and supplies. • All taxes or other obligations owed in association with the prior operation of the golf course will remain the obligation of Mr. Hebert. In order to operate the golf course,the City will be required to hire additional staff. It is anticipated that at least three (3) full time positions will be needed to staff the clubhouse and perform maintenance. Additional part-time employees will be hired as needed. Priority consideration will be give to Mr. Hebert's current employees. During the period from August 2003 through July 2004, the golf course had $595,000 in sales Henry Homberg Golf Course September 20, 2004 Page 3 revenue. Expenditures will be from proceeds collected from golf course operations. A special revenue fund will be established in order to account for the receipt and expenditure of these funds, including personnel,maintenance,and debt service costs. Oversight ofthe golf course operation will be through the Internal Services Department. New Clubhouse construction is expected to begin during the month of December. It is anticipated that the construction will have an adverse affect on play at the facility and potentially reduce the revenues collected. Once complete,play at the course is expected to return to the level of prior years. BUDGETARY IMPACT Upon termination of agreement, the City will expend approximately $125,000 for the purchase of equipment and supplies currently owned by Mr. Hebert. The assumption of Mr. Hebert's construction financing will be assumed at a cost of approximately$6,400 per month for a six(6)year term and be funded along with operational expenses from golf course revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Internal Services Director. TERMINATION AGREEMENT WHEREAS, on the l Vh day of July, 2000, Thomas A. Hebert (herein "Hebert") executed an "Operation and Maintenance Agreement" (herein the "Agreement") with the City of Beaumont (herein "City")wherein the City leased its Henry Homberg Golf Course (herein the "Course") to Hebert for a term of ten (10) years; and, WHEREAS,that agreement included terms of such that Hebert could obtain an SBA guaranteed loan from Hibemia National Bank(herein"Hibernia")for improvements to the Course. Hibemia was a signatory to the Agreement; and, WHEREAS, the parties wish to mutually agree to terminate the Agreement and provide for a transfer of obligations under the Agreement to the City has set out herein. NOW THEREFORE, the parties agree as follows: WITNESSETH: 1. Agreement shall terminate on at o'clock m at which time Hebert shall become a City employee under the following terms: a) Hebert's beginning salary shall be that established in the City's compensation plan as a "G-1" at $45,000 per year. b) Hebert's employment shall be under the same terms and conditions and with all benefits as applicable to civilian employees of the City. c) Hebert shall receive a car allowance of$3,000 per year payable monthly so long as vehicular transportation is a requirement of his job. CAWPDOCSCAx*acts&AgteementsWombergGdfCo umaTerminationAgrmMwpd d) Hebert will be employed in the Internal Services Department as an uat- will" employee as are all other City employees, and shall report to the City Manager or his designee. e) This Agreement does not constitute a contract of employment for a fixed period of time. 2. City will assume Hebert's obligations to Hibernia for repayment of the SBA guaranteed loan contemplated by the Agreement effective on the date of this Agreement. 3. Hebert will sell to City and City will purchase from Hebert all operating equipment that it deems useful to the operation of the golf course as set out in Exhibit "A" attached to this Agreement and made a part hereof for all purposes. Hebert will sell to City and City will purchase from Hebert all supplies on hand on the date of the termination of this Agreement at the original purchase price. Hebert represents that the equipment and supplies are not encumbered by any lien or any debt. 4. Any equipment not purchased by the City must be removed from the course within ten (10)days of the execution of this Agreement at Hebert's expense. 5. Execution of this Agreement by Hebert shall not affect his obligation to pay ad valorem taxes due and any other debts arising from the operation of the course, specifically including, but not limited to, payments due to Hibernia through the date of termination of this Agreement. CIWPDOMContacts&Agreementsl 14ombergGof f0oun:eTerminationAgrmntwpd 6. Prepaid memberships shall be prorated and deducted from any amounts owed by City for the purchase of equipment and supplies. Additionally, any taxes or other obligations owed to a third party associated with the operation of the course prior to the date of this Agreement remain an obligation of Hebert. Such obligations may also be deducted from amounts owed by the City for the purchase of equipment. IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE DAY OF , 2004. CITY OF BEAUMONT KYLE HAYES, CITY MANAGER THOMAS A. HEBERT ACCEPTED: HIBERNIA NATIONAL BANK CAWPDOMContracts&Agreements\HombergGoRCourseTerrninabonAgrmntwpd 10 September 28,2004 Consider approving a one (1)year contract for the purchase of sludge dewatering bags for use at the Water Reclamation Plant City of Beaumont Council Agenda It g em TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 21, 2004 REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of sludge dewatering bags for use at the Water Reclamation Plant. RECOMMENDATION Administration recommends award of a one (1) year contract to Geotek Industrial Distributors, Inc. of Houston for purchasing sludge dewatering bags at a unit cost of $9,860 each with an estimated total contract expenditure of$197,200. The contract specifications allow for a one (1) year renewal at the discretion of either parry. BACKGROUND Council approved the purchase of one (1) manned lagoon dredge on March 17, 2004, for the purpose of removing accumulated sludge from the aeration ponds at the Water Reclamation Plant. The dredge was received August 17, 2004 and is now in service. The removed sludge must be sufficiently dried prior to disposal at the landfill in order to meet state regulations. Drying is achieved through either the use of a belt press which applies pressure to dewater the sludge, or pumping the sludge to a drying bed. The sewer plant currently has 22 drying beds, which are 150' long by 50' wide earthen depressions into which removed sludge can be placed. The sludge dries in the bed through a combination of gravity and evaporation, resulting in a relatively slow drying time prior to disposal. Sludge dewatering bags are a recent technology in municipal wastewater systems. The 145' long, 45' wide, and 6' high bags are constructed of high strength woven polypropylene and polyester fabrics. The removed sludge and a dewatering polymer are pumped into a bag until full, at which point the dredge discharge hose is switched to a bag located in another bed. The weave of the fabric allows water, but not solids, to freely exit the bag. The sludge is sufficiently dewatered overnight to allow daily pumping into a given bag for extended periods of time, depending on the One(1)Year Contract for Sludge Dewatering Bags September 21, 2004 Page 2 percentage of solids removed from the lagoons and the number of bags in service simultaneously. When full and sufficiently dry, the bags are cut open and the solids off-loaded for transportation to the landfill. The Water Reclamation Division has utilized two (2) smaller bags on a trial basis in the first month of the dredge usage, and report very favorable results as to the efficiency of this method. It is anticipated that approximately 8-10 drying beds with bags will be utilized simultaneously throughout the lagoon cleaning project, estimated at 1-1/2 to 2 years in length. It is estimated that approximately 20 bags will be used during the contract period. Three (3) vendors were notified with one (1) responding as reflected in the above recommendation. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director, and Public Works Director. 11 September 28,2004 Consider authorizing the City Manager to implement the medical contribution rate changes for employees Cl of Beaumont •�• : . Council A � ML Benda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie A. Dodson, Human Resources Director MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 23, 2004 REQUESTED ACTION: City Council consider granting the City Manager authority to implement the medical contribution rate changes for employees. RECOMMENDATION Administration recommends that Council approve medical contribution rate changes for employees, including their dependents, effective January 1, 2005. BACKGROUND Currently, medical coverage is provided for City employees at no cost. The cost of providing coverage for dependents is jointly shared by the City and the employee.Each civilian employee with one dependent contributes $106 per month. A civilian employee with two or more dependents contributes $139 per month for medical coverage regardless of the medical plan. Sworn Police employees with dependents contribute $58 per month for medical coverage. Firefighters with dependents contribute$79 per month for medical coverage. The amount contributed by employees covers approximately 15% of the total cost of these benefits;the City pays the balance of the total cost. Blue Cross Blue Shield of Texas projects medical cost based on the medical plans provided by the City, the City's claims history and current enrollment numbers. Based on the projected amounts required to fund the medical plans,it is recommended that the contribution rates for medical coverage be increased. For the employee to share in the increasing costs of medical insurance, it is recommended that civilian employees with one dependent will contribute $112 per month. Civilian employees with two or more dependents will contribute $147 per month. Contribution rates for Firefighters will increase $15 to $94 per month, and Police officers will pay $95 per month. All contribution increases will be effective January 1, 2005. Contribution Rates For Employees Current Proposed Employee Only $ 0 $ 0 Employee+ 1 Dependent $106 $112 Employee+2 Dependents $139 $147 Police Officers $ 58 $ 95 Firefighters $ 79 $ 94 BUDGETARY IMPACT The employee contribution line item in the Employee Benefits Fund will increase by approximately $65,000. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Human Resources Director. 12 September 28,2004 Consider approving a one (1)year contract with the Art Museum of Southeast Texas City of Beaumont Council Agenda Item TO: City Council PROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 22, 2004 REQUESTED ACTION: Consider authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$175,000. RECOMMENDATION The Administration recommends funding the Art Museum of Southeast Texas(AMSET.)$175,000 for FY 2005 from Hotel Occupancy Tax and General Funds. BACKGROUND The City of Beaumont (City) and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum.The City supports AMSET'with annual allocations and garbage removal.In return AMSET is open to the general public and strives to provide programs and services to the entire community. Approximately 60,000 children and adults participate in Art Museum activities each year. The City may utilize a portion of its revenues derived from the hotel-motel occupancy tax to promote the arts. BUDGETARY IMPACT Funds are available in the FY 2005 budget with$50,000 funded through the Hotel Occupancy Tax Fund and$125,000 funded with general revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. 13 September 28, 2004 Consider approving a one (1)year contract with the Southeast Texas Arts Council(SETAC) ouW e- Mwjzrnwj��NL i of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 22, 2004 REQUESTED ACTION: Consider authorizing a one year contract with the Southeast Texas Arts Council(SETAC)in the amount of$99,004. RECOMMENDATION The Administration recommends funding the Southeast Texas Arts Council $99,040 for FY 2005 from the Hotel Occupancy Tax and General Funds. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to distribute 80%of its contract payment to organizations like the Symphony of Southeast Texas as well as production of the magazine"Off Ramp"highlighting local events for distribution to hotels. The remaining 201/6 is used for operating expenses. BUDGETARY IMPACT Funds are available in the FY 2005 budget,with$80,000 funded through the Hotel Occupancy Tax Fund and$19,000 funded with general revenues. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. 14 September 28, 2004 Consider approving a one (1) year contract with the Texas Energy Museum City of Beaumont � Council Agenda Item TO: City Council FROM: Kyle Mayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 22, 2004 REQUESTED ACTION: Consider authorizing a one year contract with the Texas Energy Museum in the amount of$80,000. RECOMMENDATION The Administration recommends funding the Texas Energy Museum, $80,000 for FY 2005 from Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax FY 2005 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. 15 September 28, 2004 Consider approving a contract with BUILD, Inc., Beaumont Main Street for downtown economic development purposes City of Beaumont Im EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 22, 2004 REQUESTED ACTION: Consider funding for BUILD, Inc., Beaumont Main Street in the amount of$75,000 for downtown economic development purposes. RECOMMENDATION Administration recommends entering into a contract in the amount of$75,000 with BUILD, Inc., Beaumont Main Street to further economic growth in downtown Beaumont. BACKGROUND The Beaumont Main Street program has established a partnership between the public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. In previous years, $50,000 of this $75,000 contract amount was provided through a Community Development Block Grant (CDBG). A change in HUD's eligibility requirement, as it relates to BUILD's primary focus and performance reporting, does not allow the further use of grant funds under the economic development administration line item. BUDGETARYIMPACT Funds are available for this economic development purpose in the FY 2005 General Fund budget. PREVIOUS ACTION None. SUBSEQUENT ACTION Contract payments will be made on a reimbursement basis. RECOMMENDED BY City Manager and Finance Officer 16 September 28,2004 Consider approving a one (1) year contract with the Beaumont Heritage Society/John Jay French Museum City of Beaumont Ue7i Council Agenda Item A K TO: City Council FROM: Kyle Mayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer- MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 22, 2004 REQUESTED ACTION: Consider authorizing a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of$35,000. RECOMMENDATION The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum, $35,000 for FY 2005 from the Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont,built the Greek Revival home which has been faithfully restored;the home contains furniture and fixtures from the mid 19th century and is a tourist attraction for our city. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax FY 2005 budget. PREVIOUS ACTION Done. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. 17 September 28, 2004 Consider approving a one (1)year contract with the Jefferson Theater Preservation Society City of Beaumont � Council Agenda Item TO: City Council FROM: Kyle Mayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 28, 2404 AGENDA MEMO DATE: September 22, 2004 REQUESTED ACTION: Consider authorizing a one year contract with the Jefferson Theater Preservation Society in the amount of$20,004. RECOMMENDATION The Administration recommends funding the Jefferson Theater Preservation Society,$20,040 for FY 2005 from the Hotel Occupancy Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion oftourism.The Jefferson Theater is a revitalized historical landmark located in downtown Beaumont. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax FY 2405 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer. 18 September 28, 2004 Consider approving a one (1)year contract with the Partnership of Southeast Texas `��...p. City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 28, 2004 AGENDA MEMO DATE: September 22, 2004 REQUESTED ACTION: Consider funding in the amount of$12,000 for the Partnership of Southeast Texas. RECOMMENDATION The Administration recommends funding the Partnership of Southeast Texas $12,000 for FY 2005 from the City's General Fund. BACKGROUND The Partnership of Southeast Texas(POST)is a nonprofit, economic development corporation that works to develop cooperative efforts on a regional basis.Its purpose is to facilitate the retention and creation of jobs in a nine-county area that includes Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, Orange and Tyler Counties and the Bolivar Peninsula in Galveston County. POST is requesting funding in the amount of$24,000. BUDGETARY IMPACT Funds are available in the FY 2005 General Fund budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer 19 September 28,2004 PUBLIC HEARING: Dilapidated Structures Consider approval of an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders ORDINANCE NO. ENTITLEDAN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 2166 Albany 25. 2001 Neches (Commercial) 2. 855 Alma 26. 4535 Osborn 3. 2540 Blanchette (Garage) 27. 3401 Pine 4. 1955 Delaware 28. 2010 Primrose 5. 3495 Dobson Road 29. 2720 Priscilla 6. 3535 Dobson Road 30. 2858 Priscilla 7. 3410 Edmonds Avenue 31. 2725 Rockwell 8. 920 Elm 32. 2605 Roman 9. 950 Elm 33. 4010 Rothwell 10. 2860 S. 5th 34. 3315 St. James Blvd. 11. 490 Flowers 35. 3410 St. James Blvd. 12. 245 Forrest 36. 3417 St. James Blvd. 13. 2358 Goliad 37. 3740 Scranton 14. 4030 Goliad 38. 1575 South (Commercial) 15. 3147 Hollywood 39. 1990 Turon &Storage Bldg. 16. 2353 Irving 40. 840 Van Buren 17. 1595 Johns (Commercial) 41. 3093 Waverly 18. 1390 La Salle 42. 3699 West Lane 19. 2050 Magnolia (Garage) 43. 3340 Westmoreland 20. 2078 Magnolia 44. 2490 Wilson 21. 2161 Magnolia 45. 3330 Elinor 22. 2918 Magnolia 46. 1390 Ewing 23. 3710 Maida Road 47. 3165 Magnolia 24. 2545 Monroe 48. 2125 Wilson to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont,Texas,and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 2166 Albany 23. 3710 Maida Road 2. 855 Alma 24. 2545 Monroe 3. 2540 Blanchette (Garage) 25. 2001 Neches (Commercial) 4. 1955 Delaware 26. 4535 Osborn 5. 3495 Dobson Road 27. 3401 Pine 6. 3535 Dobson Road 28. 2010 Primrose 7. 3410 Edmonds Avenue 29. 2720 Priscilla 8. 920 Elm 30. 2858 Priscilla 9. 950 Elm 31. 2725 Rockwell 10. 2860 S. 5th 32. 2605 Roman 11. 490 Flowers 33. 4010 Rothwell 12. 245 Forrest 34. 3315 St. James Blvd. 13. 2358 Goliad 35. 3410 St. James Blvd. 14. 4030 Goliad 36. 3417 St. James Blvd. 15. 3147 Hollywood 37. 3740 Scranton 16. 2353 Irving 38. 1575 South (Commercial) 17. 1595 Johns (Commercial) 39. 1990 Turon &Storage Bldg. 18. 1390 La Salle 40. 840 Van Buren 19. 2050 Magnolia (Garage) 41. 3093 Waverly 20. 2078 Magnolia 42. 3699 West Lane 21. 2161 Magnolia 43, 3340 Westmoreland 22. 2918 Magnolia 44. 2490 Wilson If the property owners fail to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont,Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings execute a work program with the City within ten (10) days of the date of this ordinance and either demolish or repair the structures within days after the date of this ordinance: 45. 3330 Elinor 47. 3165 Magnolia 46. 1390 Ewing 48. 2125 Wilson If the property owner(s) fail(s) to comply within days, Council orders that the property be demolished without further notification to the property owner(s)or City Council action. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2004. - Mayor Evelyn M. Lord -