HomeMy WebLinkAboutPACKET MAR 18 2008 �g9ir
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 18,2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve the purchase of PVC water pipe for improvements to be made at the Municipal
Airport
B) Authorize the City Manager to increase the Loeb Radio Towers Project for"extra work"
C) Authorize the City Manager to execute a Lease Agreement for use of property located at
8155 Phelan for an EMS station
D) Authorize the City Manager to establish a Memorandum of Understanding (MOU)with
the U.S. Department of Energy Strategic Petroleum Reserve(DOE)
E) Authorize the City Manager to renew the loan agreement with the National Museum of
the United States Air Force for the jet located at Babe D. Zaharias Park
F) Authorize the acceptance of a ten(10)foot wide water line easement providing access for
fire prevention services for the new Comfort Suites Hotel property at 5955 Walden Road
A
11
7EJ.- City Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider the purchase of PVC water pipe.
RECOMMENDATION
Administration recommends the purchase of various sizes of PVC water pipe from HD Supply
Waterworks of Beaumont for the total cost of$59,851.20
BACKGROUND
Due to the construction of new hangars at the Municipal Airport, fire protection will need to be
increased. Currently there is a six (6) inch pipe that feeds water to the fire hydrants. Crews from
the Water Utilities Department will install a sixteen (16) inch line that will connect to an existing
sixteen (16) inch line on College Street and on Phelan Boulevard, looping the system.
Bids were solicited for the purchase of the PVC water pipe. The following bids were received:
VENDOR TOTAL PRICE
HD Supply Waterworks $ 59,851.20
Rural Pipe and Supply 60,931.00
Act Pipe and Supply 61,942.20
Coburn's Supply 62,057.20
LUSCO Inc 62,468.20
Specialty Sales Company 64,770.00
Golden Triangle Pipe 67,587.00
A detailed bid tabulation is attached.
BUDGETARYIMPACT
Funds are budgeted for this purchase in the Water Utilities Improvement Fund.
BID TABULATION: PURCHASE 4-INCH,6-INCH,AND 8-INCH C900 PVC PIPE DR-18 CLASS 150 AND 16-INCH C905 PVC PIPE DR-25,CLASS 165
BID OPENING DATE: THURSDAY, FEBRUARY 21,2008
BID NUMBER: CF0108-23
Vendor HD Supply Waterworks Rural Pipe&Supply Act Pipe&Supply Coburn's Supply
City/State Beaumont, TX 77706 Jasper, TX 75951 Houston, TX 77034 Beaumont, TX 77701
Fax Number 409.866.0955 409.384.9363 713.947.7451 409.839.8157
Qty Unit Price Ext.Price Unit Price Ext.Price Unit Price Ext.Price Unit Price Ext.Price
16"x 20'Pipe PVC C905 DR-25 Class 165 Rubber gasket bell x spigot,gasket
3,800 FT. shall be held in place by glue or a retainer ring.American made. $15.27/ft. $58,026.00 $15.59/ft. $59,242.00 $15.87/ft $60,306.00 $15.87/ft. $60,306.00
8"x 20'Pipe PV-C--C--9--O--O-DR-18 Class 150 Rubber gasket bell x spigot,gasket shall
180 FT. be held in place b r_glue or a retainer ring. American made. $6.03/ft. $1,085.40 $5.35/ft. $963.00 $5.41/ft. $973.80 $5.77/ft. $1,038.60
6"x 20'Pipe&PVC C900 DR-18 Class 150 Rubber Gasket bell x spigot,gasket
200 FT. shall be held in place by glue or a retainer ring. American made. $3.52/ft $704.00 $3.47/ft $694.00 $3.15/ft $630.00 $3.39/ft $678.00
4"x 20'Pipe PVC C900 DR-18 Class 150 Rubber gasket bell x spigot,gasket shall
20 FT. be held in place by glue or a retainer ring.American Made. $1.79/ft. $35.80 $1.60/ft. $32.00 $1.62/ft. $32.40- $1 73/ft. $34.60`
TOTAL $59,851.20 $60,931.00 $61,942.20 $62,057.20
Delivery Time: 30 business days 1-2 days 7 days 1 week-10-days
Vendor LUSCO,Inca Speciality Sales Company Golden Triangle Pipe
City/State Sulphur,LA 70665 Beaumont, TX 77720 Beaumont, TX 77705
Fax Number 337.625.2629 409.347.2001 409.842.2736
Qty Unit Price Ext.Price Unit Price Ext.Price Unit Price '' Ext.Price
16"x 20'Pipe PVC C905 DR-25 Class 165 Rubber gasket bell x spigot,gasket
3,800 FT. shall be held in place by glue or a retainer ring.American made. $16.00/ft. $60,800.00 $16.47/ft. $62,586.00 $17.25/ft. 1$65,550.00
8"x 20'Pipe PVC C900 DR-18 Class 150 Rubber gasket bell x spigot,gasket shall
180 FT. be held in place byglue or a retainer ring. American made. $5.47/ft. $984.60 $7.20/ft. $1,296.00 $6.30/ft. $1,134.00
6'x 20'Pipe&PVC C900 DR-18 Class 150 Rubber Gasket bell x spigot,gasket
200 FT. shall be held in Ip ace flue or a retainer ring. American made. $3.26/ft. $652.00 $3.53/ft. $706.00 $4.25/ft. $850.00'
4' x 20'Pipe PVC C900 DR-18 Class 150 Rubber gasket bell x spigot,gasket shall
20 FT. be held in place byglue or a retainer ring.American Made. $1.58/ft. $31.60 $1.82/ft. $182.00 $2.65/ft. $53.00
TOTAL $62,468.20 $64,770._00 $67,587.00,
Delivery Time: 3-10 days Win 30 days 3-10 days
RESOLUTION NO.
WHEREAS, bids were solicited for purchase of various sizes of PVC water pipe
for the Water Utilities Department to install a sixteen (16) inch line that will connect to an
existing sixteen (16) inch line on College Street and on Phelan Boulevard, looping the
system, for fire protection at the Municipal Airport; and,
WHEREAS, HD Supply Waterworks, Beaumont, Texas, submitted a bid in the total
cost of$59,851.20; and,
WHEREAS, City Council is of the opinion that the bid submitted by HD Supply
Waterworks, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by HD Supply Waterworks, Beaumont, Texas, for purchase of
various sizes of PVC water pipe for the Water Utilities Department to install a sixteen (16)
inch line that will connect to an existing sixteen (16) inch line on College Street and on
Phelan Boulevard, looping the system, for fire protection at the Municipal Airport; in the
amount of$59,851.20 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
B
City Council Agenda Item
K,
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to increase the Loeb Radio Towers Project for
"extra work".
RECOMMENDATION
The Administration recommends approval of increasing the Loeb Radio Towers Project amount
by $18,067.65. The proposed changes to the contract are for remobilizing men, vehicles, and
equipment to complete work at Well Sites No. 1, No. 2, and No. 3; constructing the antenna and
its foundation at Well Site No. 1 at its new location, behind the control room, including labor,
equipment, additional engineering, over excavating the foundation hole to place approximately 6
inches of cement stabilized sand. The additional work at Well Site No. 3 is a result of the removal
of contaminated soil by Texas Environmental. After the removal of the contaminated soil, a
geotechnical investigation by Science Engineering, Ltd. was performed with a the proposed
design for the foundation. The additional work to construct the antenna foundation at its original
location including labor, equipment, over excavating the foundation hole to remove disturbed soil
and replace it with cement stabilized sand to the required elevation of the tower foundation,
formwork, backfill, and spoil removal. The proposed change order will increase the total contract
amount by 12.84%. The total of all of the extra work to date, including this proposed
recommendation, will represent 24.20% of the original contract amount.
BACKGROUND
The three well locations are unmanned sites. The Vulnerability Assessment Study of the Water
Distribution System mandated by the Department of Homeland Security identified the well sites
as critical assets for the Water Department. The proposed communication towers will provide
security monitoring and a first line of defense to deter possible attacks. Additionally, the
communication towers will allow for flow and chlorine monitoring along with the status of the
wells from the Water Treatment Plant.
Previous actions include:
Resolution 07-176 in the amount of$140,758.00 was passed by City Council on June 12, 2007.
Loeb Radio Towers Project
March 18, 2008
Page 2 of 2
Change Order No. 1 for contract time on September 17, 2007.
Resolution 07-349 in the amount of$16,000.00 was passed by City Council on
October 30, 2007.
This Change Order is recommended for approval by the City Manager and the Water Utilities
Director.
BUDGETARY IMPACT
Funds for the project are available in the Water Utilities 2008 Non-Operational Budget.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No.Three(3)
DATE: March 3,2008
PROJECT: City of Beaumont,Texas
Loeb Radio Towers
OWNER: City of Beaumont,Texas
801 Main Street
Beaumont,Texas 77704
CONTRACTOR: Western Towers
320 W.26th
San Angelo,Texas 76903
TO THE OWNER: Approval of the following contract change is requested.
Reason for Change: Remobilizing men, vehicles and equipment to complete work at Well Sites No.l ,No.2 and No.3.
Well Site No. 1, additional work to construct the antenna tower foundation at its new location, behind the control room,
including labor,equipment,additional engineering,over excavating the foundation hole to place approximately 6 inches of
cement stabilized sand.Well Site No.3,additional work to construct the antenna foundation at its original location including
labor,equipment,over excavating to remove disturbed soil and replace it with cement stabilized sand to the required bottom
elevation of the tower foundation,formwork,backfill,and spoil removal.
ORIGINAL CONTRACT AMOUNT: $ 140.758.00
THIS CHANGE ORDER
Description: Net Change
Remobilizing men,vehicles and equipment to complete work at Well Sites No. 1, $ 3,250.00
No.2,and No.3
Well, Site No. I, additional work to construct the antenna tower foundation at its $ 2,465.65
new location, behind the control room, including labor, equipment, additional
engineering,over excavating the foundation hole to place approximately 6 inches
of cement stabilized sand.
Well, Site No.3,additional work to construct the antenna tower foundation at its $ 12,352.00
original location including labor,equipment, over excavating the foundation hole
to remove disturbed soil and replace it with cement stabilized sand to the required
elevation of the tower foundation,formwork,backfill and spoil removal.
TOTAL AMOUNT OF THIS CHANGE ORDER: $ 18.067.65
TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS: $ 16.000.00
TOTAL REVISED CONTRACT AMOUNT INCLUDING
ALL CHANGE ORDERS: $ 174,825.65
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work
under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this
waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually
agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it
is properly executed."
ecommende Approved by: Accepted by:
Schaumburg&Polk,Inc. City of Beaumont Western Towers
Engineer Owner Contractor
Date: Q� Date: Date: 3/ (1) LUS
RESOLUTION NO.
WHEREAS, on June 12, 2007, the City Council of the City of Beaumont, Texas,
passed Resolution No. 07-176 awarding a contract in the amount of$140,758 to Western
Towers of San Angelo, Texas, for the Loeb Radio Towers Project; and,
WHEREAS, Change Order No. 1 was required to change the contract time from 45
days to 90 days; and,
WHEREAS, on October 30, 2007, the City Council of the City of Beaumont, Texas,
passed Resolution 07-349 approving Change Order No. 2 in the amount of $16,000 to
change the location of the new tower at Well No. 1, install Type PPD 1200 Lightning
Dissipater Systems on three (3) towers, provide halo type grounding system on three (3)
towers and install air terminal with down lead tied into the halo type grounding system on
three (3) towers, thereby increasing the contract to $156,758; and,
WHEREAS, Change Order No. 3 in the amount of$18,067.65 thereby increasing
the amount to$174,825.65 is necessary for remobilizing men, vehicles, and equipment to
complete work at Well Sites No. 1, No. 2, and No. 3; constructing the antenna and its
foundation at Well Site No. 1 at its new location, behind the control room, including labor,
equipment, additional engineering, over excavating the foundation hole to place
approximately 6 inches of cement stabilized sand.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 3
in the amount of$18,067.65 thereby increasing the amount to$174,825.65 for remobilizing
men, vehicles, and equipment to complete work at Well Sites No. 1, No. 2, and No. 3;
constructing the antenna and its foundation at Well Site No. 1 at its new location, behind
the control room, including labor, equipment, additional engineering, over excavating the
foundation hole to place approximately 6 inches of cement stabilized sand.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
c
City Council Agenda Item
OL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
Lease Agreement with David Derharoutian.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a one (1)year Lease
Agreement with David Derharoutian (Landlord) for the use of property located at 8155 Phelan
Blvd., Beaumont, Texas.
BACKGROUND
EMS Med No. 4 has operated at this 800 square foot facility since April 2004. The first lease
was for a period of three years at $800 per month. The second lease was for one year at $896 per
month, an increase of 12%.
The current lease for this property will expire on March 31, 2008. The Landlord has agreed to a
new one year lease with a rental rate increase from the current $896 per month, to $1,075.20 per
month. The market rate in that area averages $1.25 per square foot. Given there is 24-hour
parking available and the EMS staff occupies the facility 24/7, the slightly higher rate of$1.34
per square foot is warranted. This twenty percent (20%) increase in the rental rate is to cover the
Landlord's increased costs of taxes and insurance. The new lease would begin on April 1, 2008
and end on March 31, 2009.
All other provisions of the lease will remain the same. All utilities will be paid by the City, and
minor maintenance of the facility, such as the air conditioning filter replacement and grounds
maintenance, will be the responsibility of the City. Ingrid Holmes, Public Health Director,
approves of the terms of the proposed new lease.
A copy of the proposed lease in its substantial form is attached for your review.
BUDGETARY IMPACT
Funds for the $1,075.20 per month expense, or$12,902.40 total, are available in the EMS
Division's operating budget.
44P
'MAS ASSOCIATION OF REALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSO IS NOTAUTHOWEO.
®Texas Assoelatlon of REALTORS®,Inc.2002
Table of Contents
No. Paragraph Description Pic.. No. Paragraph Description Pg
1. Parties 2 22. Holdover 11
2. Leased Premises 2 23. Landlord's Lien &Security Interest 11
3. Term 2 24. Assignment and Subletting 11
A. Term 25. Relocation 11
B. Delay of Occupancy 26. Subordination 11
4. Rent and Expenses 3 27. Estoppel Certificates 12
A. Base Monthly Rent 28. Casualty Loss 12
B. First Full Month's Rent 29, Condemnation 12
C. Prorated Rent 30. Attorney's Fees 12
D. Additional Rent 31. Representations 13
E. Place of Payment 32. Brokers 13
F. Method of Payment 33. Addenda 13
G. Late Charges 34. Notices 14
H. Returned Checks 35. Special Provisions 14
5. Security Deposit 4 36. Agreement of the Parties 14
6. Taxes 4
7. Utilities 4 ADDENDA & EXHIBITS(check all that apply)
8. Insurance 5
9. Use and Hours 6 ❑ Exhibit
a 10. Legal Compliance 6 ❑ Exhibit
11. Signs 7 ❑ Commercial Lease Addendum for Broker's Fee
12. Access By Landlord 7 ❑ Commercial Lease Expense Reimbursement
13. Move-In Condition 7 Addendum
14. Move-Out Condition 7 ❑ Commercial Lease Addendum for Extension
15. Maintenance and Repairs 8 Option
A. Cleaning ❑ Commercial Lease Addendum for Percentage
B. Conditions Caused by a Party Rent
C. Repair& Maintenance Responsibility ❑ Commercial Lease Parking Addendum
D. Repair Persons El Commercial Landlord's Rules and Regulations
E. HVAC Service Contract ❑ Commercial Lease Guaranty
F. Common Areas ❑ Commercial Lease Right of First Refusal
G. Notice of Repairs Addendum
H. Failure to Repair ❑ Commercial Lease Addendum for Optional
16. Alterations 9 Space
17. Liens g O Commercial Leasehold Construction Addendum
18. Liability 10
19. Indemnity 10 ❑
20. Default 10
21. Abandonment, Interruption of Utilities,
Removal of Property& Lockout 10
I
(TAR-2101)6-7-02 Initialed for Identification by Tenants: and Landlord: Page 1 of 15
American Real Estate 3550 Dowlen,Suite A, Beaumont TX 77706
Phone:409.866.9129 Fax: 409.866.4473 Kcili Maness 8155 PW-LAN.zf
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I
TEXAS ASSOCIATION OF REALTORS®
COMMERCIAL LEASE
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION Of REALTORSO IS NOT AUTHORIZED.
®Texas Association of RBALTORW.Inc.2002
1. PARTIES: The parties to this lease are:
Tenant: CITY OF BEAUMONT
P.O. BOX 3827 BEAUMONT, TX. 77704 ; and
Landlord: DAVID DERHAROUTIAN ; and
2. LEASED PREMISES:
A. Landlord leases to Tenant the following described real property, known as the "leased premises," along
with all its improvements (Check only one box):
i
(1) Multiple-Tenant Property: Suite or Unit Number containing approximately
square feet of rentable area in (building name)
at
(address) in (city), (county),
Texas, which is legally described on attached Exhibit or as follows:
[] (2) Single-Tenant Property: The real property at: 8155 PHELAN in
BEAUMONT (City), JEFFERSON (county), Texas,which
is legally described on attached Exhibit C WILLIAMS or as follows:
ABSTRACT 59 TR 72-A SP-6 BLK. 18
i
B. If Paragraph 2A(1) applies:
(1) "Property" means the building or complex in which the leased premises are located, inclusive of
any common areas, drives, parking areas, and walks; and
(2) the parties agree that the rentable area of the leased premises may not equal the actual or useable
area within the leased premises and may include an allocation of common areas in the Property.
3. TERM:
A. Term: The term of this lease is 12 months and 0 days, commencing on,
APRIL 1 , 2008 (Commencement Date) and ending on
MARCH 31, 2009 (Expiration Date).
(TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Paget of 15
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8155 PHELAN
Commercial Lease concerning: BEAUMONT. TX 77706
B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date
because of construction on the leased premises to be completed by Landlord that is not substantially
complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant
for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement
Date will automatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date will also be extended by a like number of days, so that the length of this lease remains
unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the
Commencement Date because of construction on the leased premises to be completed by Landlord
that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may
terminate this lease by giving written notice to Landlord before the leased premises become available
to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant.
This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs.
C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for
the leased premises if required by a governmental body.
4. RENT AND EXPENSES:
A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay
Landlord base monthly rent as described on attached Exhibit or as follows:
from April 1, 2008 to March 31, 2009 $ 1,075 20 ;
from to $
from to
from to : $ '
from to
B. First Fell Month's Rent:The first full base monthly rent is due on or before __ April 1, 2008
C. Prorateg Rent: if the Commencement Date is on a day other than the first day of a month, Tenant will
pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following
fraction: the number of days from the Commencement Date to the first day of the following month
divided by the number of days in the month in which this lease commences. The prorated rent is due
on or before the Commencement Date.
D. Additional Rent: In addition to the base monthly rent and prorated rent, Tenant will pay Landlord all
other amounts, as provided by the attached (Check all that apply.):
❑ (1) Commercial Expense Reimbursement Addendum
❑ (2) Commercial Percentage Rent Addendum
❑ (3) Commercial Parking Addendum
❑ (4)
All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this
lease.
E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person
at the place stated or to such other person or place as Landlord may later designate in writing:
Name: DAVID DERHAROUTIAN c/o STACY TYWATER
Address: BEAUMONT AREA F'ED p.AL CREDIT UNION +"-'--
(TAR-2101)B-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 3 of 15
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8155 PHELAN
Commercial Lease concerning: BEAUMONT TX 77706
'F. Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as
permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any
check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing
written notice to Tenant may require Tenant to pay subsequent amounts that become due under this
lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this
Lease for Tenant's failure to make timely payments with good funds.
i
G. Late Charges: if Landlord does not actually receive a rent payment at the designated place of payment
within 5 days after the date it is due, Tenant will pay Landlord a late charge equal to 5% of the amount
due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost
associated with the collection of rent and Landlord's acceptance of a late charge does not waive
Landlord's right to exercise remedies under Paragraph 20.
H. Retumed Checks: Tenant will pay$25.00 (not to exceed$25) for each check
Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus
any late charges until Landlord receives payment.
5. SECURITY DEPOSIT:
A. Upon execution of this lease,Tenant will pay$ IN JA to Landlord as a security
deposit.
B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord
applies any part of the security deposit during any time this lease is in effect to amounts owed by
Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to
the amount stated.
C. After Tenant surrenders the leased premises to Landlord and provides Landlord written notice of
Tenant's forwarding address, Landlord will, not later than the time required by §93.005, Texas Property
Code, refund the security deposit less any amounts applied toward amounts owed by Tenant or other
charges authorized by this lease, The parties agree that Landlord acts in good faith if Landlord accounts
for the security deposit osit within the time stated.
6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes
assessed against the leased premises.
7. UTILITIES:
A. The party designated below will pay for the following utility charges to the leased premises and any
connection charges for the utilities. (Check all that apply.)
(T) Water NA Landlord Tenant
(2) Sewer ❑ ❑ x❑
(3) Electric ❑ ❑ a
(4) Gas ❑ ❑ d
(5) Telephone ❑ ❑ ❑
(6) Trash ❑ ❑ d
(7) Cable x
(9) All other utilities ❑ ❑Ll
❑
(TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 4 of 15
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8155 PHELAN
Commercial Lease concerning: BEAUMONT TX 77706
B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility
service provider. The responsible party may select the utility service provider except that if Tenant
selects the provider any access or alterations to the Property or leased premises necessary for the
utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold.
If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and
Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse
Landlord such amount.
C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are
adequate for Tenant's intended use.
D. After-Hours HVAC Charges:"HVAC services" means the utility expenses to heat and cool the leased
premises. (Check one box only.)
❑ (1) Landlord is obligated to provide the HVAC services to the leased premises only during the
Property's operating hours specified under Paragraph 9C.
❑ (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified
under Paragraph 9C for no additional charge and will, at Tenant's request, provide HVAC
services to the leased premises during other hours for an additional charge of$
per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of
Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be
rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request
to provide the additional HVAC services under this paragraph.
❑ (3) Tenant will pay for the HVAC services under this lease.
8. INSURANCE: 1 t 1 S�� iYl�ilYq o
Liurin 1 timus this lease Is !it effect, Tenet,it Inust, at Tena,it's expe,ise, nail itaii i full fa,ce and &I
an insurer authorized to operate in Texas:
(1) p liability insurance in an amount not less than $1,000,000.00 on an occurrence b naming
Landio s an additional insured; and
(2) personal pr rtY damage insurance for Tenant's business operations and c ents on the leased
premises in an a nt sufficient to replace such contents after a casualt S.
B. Before the Commencement D Tenant must provide Landlord w' copy of the insurance certificates
evidencing the required coverage. a insurance coverage nges in any manner or degree at any
time this lease is in effect, Tenant must, later than 10 ys after the change, provide Landlord a copy
of an insurance certificate evidencing the c
C. If Tenant fails to maintain the required in nce in full and effect at all times this lease is in effect,
Landlord may:
(1) purchase insurance that rovide Landlord the same cov a as the required insurance and
Tenant must immedia reimburse Landlord for such expense; or
(2) exercise Landior ' emedies under Paragraph 20.
D. Unless the roes agree otherwise, Landlord will, at Landlord's expense, maintain in rce and effect
insur a for fire and extended coverage in an amount to cover the reasonable repiaceme ost of the
rovements of the Property and public liability insurance in an amount that Landlord de ines
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'E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its
contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by
or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately
after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph WWII be
equal to the actual amount of the increase in Landlord's insurance premium F
9. USE AND HOURS: Q-0-used by -r,nar,- rs tAse of 1QGsed Premises,
A. Tenant may use the leased premises for the following purpose and no other: EMERGENCY MEDICAL
SERVICE FOR CITY OF BEAUMONT, INCLUDING STORAGE OF EMERGENCY UNIT AND LIVING
QUARTERS FOR EMPLOYEES,
B. Unless otherwise specified In this lease, Tenant will operate and conduct its business in the leased
premises during business hours that are typical of the industry in which Tenant represents it operates.
C. The Property maintains operating hours of (specify hours, days of week, and if inclusive or exclusive of
weekends and holidays): 24 HOURS A DAY — SEVEN DAYS A WEEK
10, LEGAL COMPLIANCE:
A. Tenant may not use or permit any part of the leased premises to be used for:
(1) any activity which is a nuisance or is offensive, noisy,or dangerous;
(2) any activity that interferes with any other tenant's normal business operations or Landlord's
management of the Property;
(3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant,
governmental order, owners' association rules, tenants' association rules, Landlord's rules or
regulations, or this lease;
(4) any hazardous activity that would require any insurance premium on the Property or leased premises
to increase or that would void any such insurance;
(5) any activity that violates any applicable federal, state, or local law, including but not limited to those
laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air
emissions, or other environmental matters;
(6) the permanent or temporary storage of any hazardous material; or
{7}
B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material,
hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law,
regulation, ordinance, or rule existing as of the date of this lease or later enacted.
C. Landlord does not represent or warrant that the leased premises or Property conform to applicable
restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio
requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that
the leased premises may be used as Tenant intends by independently investigating all matters related to
the use of the leased premises or Property. Tenant agrees that It is not relying on any warranty or
representation made by Landlord, Landlord's agent or any broker concerning the use of the leased
premises or Property.
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11.SIGNS:
A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without
Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly
reimburse Landlord for its cost to remove any unauthorized sign.
B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental
order relating to signs on the leased premises or Property. Landlord may temporarily remove any
authorized sign to complete repairs or alterations to the leased premises or the Property.
C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any
signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the
Landlord and must be surrendered to Landlord at the time this lease ends.
12.ACCESS BY LANDLORD:
A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable
purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the
leased premises to prospective tenants or purchasers. Landlord may access the leased premises after
Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary
to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business
operations when accessing the leased premises.
B. During the last 30 days of this lease, Landlord may place a"For Lease" or similarly worded sign in
the leased premises.
13. MOVE-IN CONDITION: Tenant has inspected the leased premises and accepts it in its present (as-is)
condition unless expressly noted otherwise in this lease. Landlord and any agent have made no express or
implied warranties as to the condition or permitted use of the leased premises or Properly.
14. MOVE-OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY:
A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when
received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition
free of all trash, debris, personal property, hazardous materials, and environmental contaminants.
B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the
leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal
property by providing written notice to Tenant; or (2) retain such personal property as forfeited property
to Landlord.
C. "Surrender" means vacating the leased premises and returning all keys and access devices to Landlord.
"Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or
abuse.
I
D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any
fixtures that Landlord does not require Tenant to remove become the property of the Landlord and must
be surrendered to Landlord at the time this lease ends.
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15'. MAINTENANCE AND REPAIRS:
A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all
garbage in appropriate receptacles. ❑ Landlord Q Tenant will provide, at its expense, janitorial
services to the leased premises that are customary and ordinary for the Property type.
B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair
that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees,
contractors or permitted subtenants.
C. Repair and Maintenance Responsibility- Except as provided by Paragraph 158, the party designated
below, at its expense, is responsible to maintain and repair the following specified items in the leased
premises. The specified items must be maintained in clean and good operable condition. If a
governmental regulation or order requires a modification to any of the specified items, the party
designated to maintain the item must complete and pay the expense of the modification. The specified
items include and relate only to real property in the leased premises. Tenant is responsible for the repair
and maintenance of its personal property. (Check all that apply.)
NA Landlord Tenant
(1) Foundation, exterior walls, roof, and other structural components ❑ 0 ❑
(2) Glass and windows ❑ ❑ []
(3) Fire protection equipment and fire sprinkler systems ❑ ❑
(4) Exterior & overhead doors, including closure devices, molding ❑ ❑ ❑
locks, and hardware
(5) Grounds maintenance, including landscaping and ground ❑ ❑
sprinklers
(6) Interior doors, including closure devices, frames, molding, locks, ❑ ❑ a
and hardware
(7) Parking areas and walks ❑ ❑ ❑
(8) Plumbing systems, drainage systems, electrical systems,(ballast ❑ - --
'�� --7 and lamp replacement)and mechanical systems, except those
T�pr� (9) Heating aVentilatiion and 6Air Conditioning (HVAC)systems ❑ —1
(10) Signs and lighting:
(a) Pylon ❑ ❑ d
(b) Facia ❑ ❑
(c) Monument ❑ ❑
(d) Door/Suite ❑ ❑ ❑
(11) Extermination and pest control, excluding wood-destroying insects ❑ ❑ ❑
(12) Storage yards and storage buildings ❑ ❑ d
(13) Wood-destroying insect treatment and repairs ❑ a ❑
(14) Cranes and related systems ❑ ❑ ❑
(15) ❑ ❑ ❑
(16) ❑ ❑ ❑
(17) All other items and systems. ❑ ❑ ❑
D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons.
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E. HVAC Service Contract: If Tenant maintains the HVAC system under Paragraph 15C(9), Tenant❑is
0 is not required to maintain, at its expense, a regularly scheduled maintenance and service contract
for the HVAC system. The maintenance and service contract must be purchased from a HVAC
maintenance company that regularly provides such contracts to similar properties. If Tenant fails to
maintain a required HVAC maintenance and service contract in effect at all times during this lease,
Landlord may do so and charge Tenant the expense of such a maintenance and service contract or
exercise Landlord's remedies under Paragraph 20,
F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord
determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in
the common area. Landlord may change the size, dimension, and location of any common areas,
provided that such change does not materially impair Tenant's use and access to the leased premises.
Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules
j and restrictions. Tenant may not solicit any business in the common areas or interfere with any other
person's right to use the common areas. This paragraph does not apply if Paragraph 2A(2)applies.
G. Notice of Repairs:Tenant must promptly notify Landlord of any item that is in need of repair and that is
Landlord's responsibility to repair. All requests for repairs to Landlord must be in writing.
H. Failure to Repair:Landlord must make a repair for which Landlord is responsible within a reasonable
period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to
repair or maintain an item for which Tenant Is responsible within 10 days after Landlord provides
Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the
item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse
Landlord for the cost to repair or maintain; or(2)exercise Landlord's remedies under Paragraph 20.
16. ALTERATIONS:
A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlord's written
consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable
non-structural alterations, modifications, or improvements to the leased premises.
B. Tenant may not alter any locks or any security devices on the Property or the leased premises without
Landlord's consent. If Landlord authorizes the changing, addition, or rekeying of any locks or other
security devices, Tenant must immediately deliver the new keys and access devices to Landlord.
C. If a governmental order requires alteration or modification to the leased premises, the party obligated to
maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its
expense, modify or alter the item in compliance with the order.
D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by
either party during the term of this lease will become Landlord's property and must be surrendered to
Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove
under Paragraph 11 or 14 or if the parties agree otherwise in writing.
17. LIENS: Tenant may not do anything that will cause the title of the Property or leased premises to be
encumbered in any way. If Tenant causes a lien to be filed against the Property or leased premises,
Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of
record; or (2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant
obtains pursuant to this paragraph.
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18. LIABILITY:To the extent permitted bylaw, Landlord is NOT responsible to Tenant or Tenant's employees,
patrons, quests, or invitees for any damages, iniuries, or losses to person or property caused by:
A. an act, omission, or neglect of: Tenant: Tenants agent; Tenant's quest; Tenant's employees:Tenant's
patrons: Tenant's invitees: or any other tenant on the Property;
B. fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, riot, strike, interruption of utilities,
theft, burglary, robbery, assault, vandalism, other persons, environmental contaminants, or other
occurrences or casualty losses.
Mill be MSPO &61 fbr
19. INDEMNITY: Each party any property damage
personal iniury, suits, actions, liabilities, damages, cost of repairs or service to the leased premises or
Proi)erty, or any other loss caused negligently or otherwise bv that party or that Party's employees,
patrons, guests, or invitees.
20. DEFAULT; &mneA
A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's
failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If,
however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not
be in default if the cure is commenced within the 30-day period and is diligently pursued,
B. If Landlord does not actually receive at the place designated for payment any rent due under this lease
within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this lease for any
other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in
default.
C. If Tenant is in default, Landlord may: (i) terminate Tenant's right to occupy the leased premises by
providing Tenant with at least 3 days written notice; and (11) accelerate all rents which are payable
during the remainder of this lease or any renewal period without notice or demand. Landlord will
attempt to mitigate any damage or loss caused by Tenant's breach by using commercially reasonable
means. If Tenant is in default, Tenant will be liable for:
(1) any lost rent;
(2) Landlord's cost of reletting the leased premises, including brokerage fees, advertising fees, and
other fees necessary to relet the leased premises;
(3) repairs to the leased premises for use beyond normal wear and tear;
(4) all Landlord's costs associated with eviction of Tenant, such as attorney's fees, court costs, and
prejudgment interest;
(5) all Landlord's costs associated with collection of rent such as collection fees, late charges, and
returned check charges;
(6) cost of removing any of Tenant's equipment or fixtures left on the leased premises or Property;
(7) cost to remove any trash, debris, personal property, hazardous materials, or environmental
contaminants left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased
premises or Property;
(8) cost to replace any unreturned keys or access devices to the leased premises, parking areas, or
Property;
(9) any other recovery to which Landlord may be entitled under this lease or under law.
21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT:
Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a)
abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d)
"lock-out" of Tenant.
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22'. HOLDOVER: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become
a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord.
No holding over by Tenant, with or without the consent of Landlord, will extend this lease. :FeRafft-�
. Rent for
any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily
basis and will be Immediately due and payable daily without notice or demand.
23.
ement for the ptirposes of the
that Is `R the leased OFOR'see er- PFepeFty This lease 59 a seetirity a
.
24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to any subsequent owner of the
Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's
written consent. An assignment of this lease or subletting of the leased premises without Landlord's written
consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises,
Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or
sublease is made with or without the consent of Landlord.
25. RELOCATION:
❑ A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant
to relocate to another location in the Property, provided that the other location is equal in size or larger
than the leased premises then occupied by Tenant and contains similar leasehold improvements.
Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location.
"Moving expenses" means reasonable expenses payable to professional movers, utility companies for
connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office
equipment required by the relocation, and printing companies for reprinting Tenant's stationary and
business cards. A relocation of Tenant will not change or affect any other provision of this lease that is
then in effect, including rent and reimbursement amounts, except that the description of the suite or
unit number will automatically be amended.
❑ B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior
consent.
26. SUBORDINATION:
A. This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to:
(1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the
Property that Landlord authorizes;
(2) all advances made under any such lien, encumbrance, or ground lease;
(3) the interest payable on any such lien or encumbrance;
(4) any and all renewals and extensions of any such lien, encumbrance, or ground lease;
(5) any restrictive covenant affecting the leased premises or the Property;and
(6) the rights of any owners' association affecting the leased premises or Property.
B. Tenant must, on demand, execute a subordination, attornment, and non-disturbance agreement that
Landlord may request that Tenant execute, provided that such agreement is made on the condition that
this lease and Tenant's rights under this lease are recognized by the lien-holder.
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27
e to and deliver to Landlord an estoppel certificate that identifies:
A. any ch of the lease;
B. the then c nt rent payment and rent schedule;
C. the date the ne t payment Is due;
D. any advance rent pay its;
E. the amount of the security sit;
F. any claims for any offsets;
G. the then current term of the lease;
H. any renewal options;
I. Tenant's possession and acceptance of the lease ises and improvements;
J. any ownership interest by Tenant; and
28. CASUALTY LOSS:
A. Tenant must immediately notify Landlord of any casualty loss in the leased premises. Within 20 days
after receipt of Tenants notice of a casualty loss, Landlord will notify Tenant if the leased premises are
less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially
restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss.
B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased
premises to substantially the same condition as before the casualty. If Landlord fails to substantially
restore within the time required, Tenant may terminate this lease.
C. If the leased 50°remises are more than
p /o unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate
a this lease; or (2) restore the leased premises to substantially the same condition as before the
casualty. If Landlord chooses to restore and does not substantially restore the leased premises within
the time required,Tenant may terminate this lease.
I
D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120
days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and
terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give
Tenant the option to terminate this lease by notifying Landlord within 10 days.
E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant
notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an
amount proportionate to the extent the leased premises are unusable.
29. CONDEMNATION: If after a condemnation or purchase in lieu of condemnation the leased premises are
totally unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or
purchase in lieu of condemnation the leased premises or Property are partially unusable for the purposes
of this lease, this lease will continue and rent will be reduced in an amount proportionate to the extent the
leased premises are unusable. Any condemnation award or proceeds in lieu of condemnation are the
property of Landlord and Tenant has no claim to such proceeds or award. Tenant may seek compensation
from the condemning authority for its moving expenses and damages to Tenant's personal property.
30. ATTORNEY'S FEES:Any person who is a prevailing party in any legal proceeding brought under or
related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable
attorney's fees, and all other costs of litigation from the nonprevailing party.
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31;; REPRESENTATIONS:Tenant's statements in this lease and any application for rental are material
representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal
age to enter Into a binding contract and is authorized to sign the lease. If Tenant makes any
misrepresentation in this lease or in any application for rental, Tenant is in default. Landlord is not aware of
any material defect on the Property that would affect the health and safety of an ordinary person or any
environmental hazard on or affecting the Property that would affect the health or safety of an ordinary
person, except:
32. BROKERS:
A. The brokers to this lease are:
AMERICAN REAL ESTATE — KELLI MANESS
Cooperating Broker License No. Principal Broker License No.
3550_ DOWLEN BEAUMONT, TEXAS 77706
Address Address
(409)860-2914 (409)866-4473
Phone Fax Phone Fax
kmaness @americanrealestate.com
E-mail E-mail
Cooperating Broker represents Tenant. Principal Broker: (Check only one box)
❑ represents Landlord only.
❑ representsTenant only.
❑ is an intermediary between Landlord and Tenant.
B. Fees:
(1) Principal Brokers fee will be paid according to: (Check only one box).
(a) a separate written commission agreement between Principal Broker and:
0 Landlord ❑ Tenant.
❑ (b) the attached Addendum for Broker's Fee.
❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box).
❑ (a) a separate written commission agreement between Cooperating Broker and:
❑ Principal Broker ❑ Landlord ❑ Tenant.
❑ (b) the attached Addendum for Broker's Fee.
33. ADDENDA: Incorporated into this lease are the addenda, exhibits and other information marked in the
Addenda and Exhibit section of the Table of Contents. if Landlord's Rules and Regulations are made part
of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion,
amend from time to time.
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34. NOTICES: All notices under this lease must be in writing and are effective when hand-delivered, sent by
mail, or sent by facsimile transmission to:
Tenant at the leased premises,
and a copy to:CITY OF BEAUMONT
Address: P.O. BOX 3827 BEAUMONT, TX. 77704
Phone:_ Fax:
i
Landlord at: DAVID DERHAROUTIAN
Address: 17214 STRATFORD GREEN DR. SUGARLAND, TX. 77478
Phone: Fax:
and a copy to:DAVID DERHAROUTIAN
Address: E-MAIL: david derharoutian @online.de
Phone: (495)141-980006 Fax:
35. SPECIAL PROVISIONS:
MONTHLY RENTS TO BE MAILED TO:
STACY TYWATER
BEAUMONT AREA EDUCATORS FEDERAL CREDIT UNION
P.O. BOX 751
BEAUMONT, TEXAS 77704
All improvements to 8155 Phelan will stay with the property.
If existing carpet is removed, it should be replaced.
Tenant responsible for carport & electricity to carport.
36. AGREEMENT OF PARTIES:
A. Entire Agreement:This lease contains the entire agreement between Landlord and Tenant and may not
be changed except by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their respective
heirs, executors, administrators, successors, and permitted assigns.
C. Joint and Several:All Tenants are jointly and severally liable for all provisions of this lease. Any act or
notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease,
its renewal, or its termination is binding on all Tenants.
D. Controllinq Law: The laws of the State of Texas govern the interpretation, performance, and
enforcement of this lease.
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' E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the
remainder of this lease will not be affected and all other provisions of this lease will remain valid and
enforceable.
F. Waiver: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien,
rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by
Tenant or any other term in this lease.
G. Quiet Enioyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant
will enjoy possession and use of the leased premises free from material interference.
H. Force Maleure: If Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage
of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for
Landlord's performance will be abated until after the delay.
L Time: Time is of the essence.The parties require strict compliance with the times for performance.
Brokers are not qualified to reader- legal-advice, property inspections, surveys, engineering studies,
environmental assessments, tax advice, or compliance Inspections. The parties should seek experts to
render such services. READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease,
consult your attorney BEFORE signing.
Ky I� Ayes, C►-�y M�h��.�
CITY OF BEAUMONT DAVID DERHAROUTIAN
Tenant Landlord
BY By
Date Date
Printed Name CITY OF BEAUMONT Printed Name DAVID DERHAROUTIAN
Title Title
Tenant Landlord
By By
Date Date
Printed Name Printed Name
Title Title
(TAR-2101)6-7-02 Page 15 of 15
Produced with ZlpFormTM by RE ForrnsNei,LLC 18025 Fifteen Mile Road,Clinton Township,Michigan 48035 wwwzioforrn.com 8155 PHELAN.zf
i
I
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one (1) year Lease
Agreement in the amount of$1,075.20 per month with David Derharoutian (Landlord) for
the use of property located at 8155 Phelan Blvd., Beaumont, Texas, for EMS Med No. 4.
The new lease would begin on April 1, 2008 and end on March 31, 2009.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
D
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police L
MEETING DATE: March 18, 2008
AGENDA MEMO DATE: March 5, 2008
REQUESTED ACTION: Council approve the City Manager to establish a
Memorandum of Understanding (MOU) with the U.S.
Department of Energy Strategic Petroleum Reserve (DOE)
for assistance from their explosive K-9 teams and to
provide tactical response support in case of extreme
emergency or threat incident against the facility.
RECOMMENDATION
Administration recommends Council approval.
BACKGROUND
The Strategic Petroleum Reserve (SPR) facility is responsible for crude oil storage, drawdown of
oil reserves, and distribution of oil when directed by Presidential declaration. This is one of only
several reserve facilities in the nation and they maintain a K-9 program capable of explosive
detection, a resource that the Beaumont Police Department would like to use to assist if the need
arises. Additionally, if an extreme emergency or terrorist threat exists, Beaumont tactical
personnel may be needed to assist. The initial response support is from Jefferson County with
whom we currently have a mutual aid agreement, and who would also request our assistance if
they needed help responding to this facility. This agreement would clarify the mutual support
arrangement.
BUDGETARYIMPACT
None.
Memorandum of Understanding
Between the Beaumont Police Department
And the U.S. Department of Energy's Strategic Petroleum Reserve
The purpose of this Memorandum of Understanding (MOU) is to describe the relationship,
agreement, and supporting activities between the City of Beaumont on behalf of the Beaumont
Police Department (BPD), Texas and the Department of Energy's (DOE) Strategic Petroleum
Reserve (SPR) Big Hill (BH) site, located at 24784 Big Hill Road, Winnie, TX.
This Memorandum sets forth the following understanding:
1. The SPR is a United States federal facility, and is responsible for managing crude oil
storage, drawdown of oil reserves, and distribution of oil when directed by Presidential
declaration.
2. BPD is prepared to respond, depending upon available resources, to a request for support
from the SPR in the event of a security or emergency incident or threat against DOE
facilities located at the BH SPR site, and those SPR properties located away from the
main BH SPR site. It is understood that the response would consist of law enforcement
personnel and equipment needed to counter a threat to the DOE facility.
3. In addition to notifying the BPD during security or emergency incidents involving
potential and actual violations of law, the SPR will also notify the Federal Bureau of
Investigation.
4. During security and emergency situations involving potential violations of law in the
surrounding community, the Beaumont Police Department may request support of the
SPR protective force resources (tactical equipment and canine teams). After an official
request from the BPD, SPR protective force equipment and canine teams may be
temporarily transferred by hand receipt to the BPD, with the approval of the DOE
Strategic Petroleum Reserve Project Management Office (SPRPMO). Temporary issue
and use is considered to be less than 72-hours in duration. SPR resources may be utilized
by the BPD, depending upon availability and approval by the DOE SPRPMO.
5. During security and emergency situations, the SPR mobile command post may be
dispatched to the scene to provide adequate communications between all parties.
6. The SPR maintains an active dialogue with the BPD and other law enforcement agencies
on law enforcement, intelligence, and terrorism issues which affect all SPR sites. Threat
information received by the SPR will be shared with the BPD and other law enforcement
agencies as deemed necessary and appropriate. In addition, the SPR is committed to
enhancing its working relationship with the BPD through active liaison,joint training
exercises, and through the use of SPR resources (facilities, tactical equipment, canine
teams, and certified trainers for law enforcement training).
7. FINANCIAL MANAGEMENT: Expenditures for personnel and equipment will be
pursuant to standard procedures involving mutual aid agreements and restricted only to
use or loss. No additional purchases will be encumbered by any party through this
agreement.
8. AGREEMENT AND ADMINISTRATION: This Memorandum of Agreement is
effective immediately upon signature by all parties and will only be terminated after one
party notifies the other party 30 days in advance requesting termination. The
Memorandum of Agreement will be reviewed every three years from the effective date.
9. POINTS OF CONTACT:
A. Beaumont Police Department, Frank Coffin Jr., Chief of Police, 255 College,
Beaumont, Texas 77701. Phone number(409) 880-3801.
B. Beaumont Police Department, Tim Ocnaschek, Emergency Management
Coordinator/POC, 255 College, Beaumont, Texas 77701. Phone numbers: work (409)
880-3838 or(24/7- Dispatch) 880-3865.
C. Strategic Petroleum Reserve Big Hill, Damus Vice, 24784 Big Hill Rd. Winnie
Tx.77665. Phone: 409-981-8211, or 24/7 Control Center(409) 981-8272.
10. MODIFICATION: This agreement may be modified upon mutual written consent of
both parties.
Your concurrence with this memorandum of understanding simply states that we agree to
mutually support each other with available resources in the event of a security or emergency
incident.
Kyle Hayes, City Manager Date
City of Beaumont
Frank Coffin Jr., Chief Date
Beaumont Police Department
William C. Gibson,Jr., Project Manager Date
Strategic Petroleum Reserve
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute all necessary
documents to establish a Memorandum of Understanding(MOU)with the U.S. Department
of Energy Strategic Petroleum Reserve (DOE) for assistance from their explosive K-9
teams and to provide tactical response support in case of extreme emergency or threat
incident against the facility.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
E
City Council Agenda Item
A c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to renew the
loan agreement with the National Museum of the United
States Air Force.
RECOMMENDATION
Administration recommends approval of this action.
BACKGROUND
In 1992,the United States Air Force loaned the City a jet to be used only for display purposes. The
jet is located at Babe D. Zaharias Park. Department of Defense regulations require the Air Force to
check each year on the status of the jet to be sure that it is being used as intended.
The National Museum of the United States Air Force,which is now charged with the responsibility
of verifying the status of the jet, is requesting that the annual loan agreement be renewed in
accordance with the original terms of the loan and federal regulations.
The jet is an attractive addition to the park and staff recommends keeping it there on display.
BUDGETARY IMPACT
The required costs associated with keeping the jet are minimal.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute the necessary
documents to renew the loan agreement with the National Museum of the United States
Air Force for the jet on display at Babe D. Zaharias Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
...... City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
i
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider a resolution authorizing the acceptance
of a ten (10) foot wide water line easement providing
access for fire prevention services for the new Comfort
Suites Hotel property at 5955 Walden Road.
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
Arks Hospitality, Inc. has agreed to convey a ten (10) foot wide water line easement to the
City of Beaumont. The Water Line Easement (0.1854 acre of land out of Lot 4, Block 2 of the
C. E. Smith's Subdivision) will provide mandatory access to the water lines and fire hydrants
for the new Comfort Suites Hotel property located at 5955 Walden Road and would also allow
for the construction, alteration, operation and maintenance of the said water line and
appurtenances.
BUDGETARYIMPACT
None.
engark_comfort-ib.wpd
4 March 2008
RESOLUTION NO.
WHEREAS,Arks Hospitality, Inc., has offered to convey a ten-foot(10')wide Water
Line Easement, being a 0.1854 acre of land out of Lot 4, Block 2 of the C. E. Smith's
Subdivision, Jefferson County, Texas, as described in Exhibit"A"and shown on Exhibit"B"
attached hereto, to the City of Beaumont for the purpose of providing mandatory access
to the water lines and fire hydrants for fire prevention services for the new Comfort Suites
Hotel property located at 5955 Walden Road and would also allow for the construction,
alteration, operation and maintenance of the said water line and appurtenances; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Arks Hospitality, Inc., as described in Exhibit "A" and
shown on Exhibit "B" attached hereto be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
EXHIBIT "A"
Legal Description: 0.1854 Acre Exclusive Water Line Easement
Out of and Part of Lot 4, Block 2
C.E. Smith's Subdivision
Volume 1, Page 58, Map Records
S. Stivers League, Abstract No. 51
Beaumont, Jefferson County, Texas
BEING a 0.1854 acre exclusive water line easement situated in the S. Stivers League, Abstract
No. 51, Jefferson County, Texas and being out of and part of Lot 4, Block 2 of the C.E. Smith's
Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the
plat thereof recorded in Volume 1, Page 58, Map Records, Jefferson County, Texas and also
being out of and part of that certain called 2.0000 acre tract of land as described in a "Special
Warranty Deed" from Sharon Hebert Mouton Barnes, et al. to ARKS Hospitality, Inc. as
recorded in Clerk's File No. 2006015653, Official Public Records of Real Property, Jefferson
County, Texas, said 0.1854 acre exclusive water line easement being more particularly described
as follows:
NOTE: All bearings are based on the West line of the said 2.0000 acre ARKS
Hospitality, Inc. tract as NORTH 00"00'00" EAST as recorded in the above
referenced Clerk's File No. 200601 S6S3, Official Public Records of Real
Property, Jefferson County, Texas.
BEGINNING at a 1 1/4" iron pipe found for the Northwest corner of the tract herein described,
said corner also being the Northwest corner of the said Lot 4, Block 2 of the C.E. Smith's
Subdivision and the Northeast corner of Lot 9, Block 2 of the C.E. Smith's Beaumont Citrus
Fruit Gardens, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the
plat thereof recorded in Volume 3, Page 17, Map Records, Jefferson County, Texas and said
corner also being the Northeast corner of that certain tract of land being called the East 175 feet
of Lot 9, Block 2 of the said C.E. Smith's Beaumont Citrus Fruit Gardens as described in a deed
from Charles E. Mason to Mason Equipment, Inc. as recorded in Volume 1690, Page 449, Deed
Records, Jefferson County, Texas and said corner also being in the South right-of-way line of
Walden Road (based on a width of 90 feet);
THENCE NORTH 89°54'11" EAST, along and with the South right-of-way line of Walden
Road, for a distance of 20.00 feet to a point for corner;
THENCE SOUTH 00 000'00" EAST, parallel to the West line of the said 2.0000 ARKS
Hospitality tract, for a distance of 10.00 feet to a point for corner;
THENCE SOUTH 89°54'11" WEST, for a distance of 10.00 feet to a point for corner;
THENCE SOUTH 00°00'00" EAST, parallel to the West line of the said 2.0000 ARKS
Hospitality tract, for a distance of 224.17 feet to a point for corner;
EXHIBIT"A"
Page I of 3
MARK W. WHITELEY AND ASSOCIATES,INC
THENCE NORTH 90 000'00" EAST, for a distance of 10.00 feet to a point for corner;
THENCE SOUTH 00 000'00" EAST, parallel to the West line of the said 2.0000 ARKS
Hospitality tract, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 90 000'00" WEST, for a distance of 10.00 feet to a point for corner;
THENCE SOUTH 00 000'00" EAST, parallel to the West line of the said 2.0000 ARKS
Hospitality tract, for a distance of 15.54 feet to a point for corner;
THENCE SOUTH 45°00'00" EAST, for a distance of 47.51 feet to a point for corner;
THENCE NORTH 90 000'00" EAST, for a distance of 148.65 feet to a point for corner;
THENCE NORTH 00 000'55" EAST, parallel to the East line of the said 2.0000 ARKS
Hospitality tract, for a distance of 49.24 feet to a point for corner;
THENCE NORTH 89 059'05" WEST, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 00 000'55" EAST, parallel to the East line of the said 2.0000 ARKS
Hospitality tract, for a distance of 10.00 feet to a point for corner;
THENCE SOUTH 89 059'05" EAST, for a distance of 10.00 feet to a point for comer;
THENCE NORTH 00°00'55" EAST, parallel to the East line of the said 2.0000 ARKS
Hospitality tract, for a distance of 105.90 feet to a point for corner;
THENCE NORTH 89 059'05" WEST, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 00 000'55" EAST, parallel to the East line of the said 2.0000 ARKS
Hospitality tract, for a distance of 10.00 feet to a point for corner;
THENCE SOUTH 89°59'05" EAST, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 00 000'55" EAST, parallel to the East line of the said 2.0000. ARKS
Hospitality tract, for a distance of 118.48 feet to a point for corner, said point being in the South
right-of-way line of Walden Road;
THENCE NORTH 89°54'11" EAST, along and with the South right-of-way line of Walden
Road, for a distance of 10.00 feet to a point for corner;
THENCE SOUTH 00 000'55" WEST, parallel to the East line of the said 2.0000 ARKS
Hospitality tract, for a distance of 303.63 feet to a point for corner;
THENCE NORTH 90 000'00" WEST, for a.distance of 162.78 feet to a point for corner;
EXHIBIT"A"
Page 2 of 3
MARK W.WHITELEY AND ASSOCIATES,INC.
THENCE NORTH 45 000'00" WEST, for a distance of 55.80 feet to a point for corner, said
corner being in the West line of the said 2.0000 ARKS Hospitality tract;
THENCE NORTH 00 000'00" EAST, along and with the West line of the said 2.0000 ARKS
Hospitality tract; for a distance of 263.83 feet to the POINT OF BEGINNING and containing
0.1854 ACRES, more or less.
Surveyed on February 14, 2008. This legal description is being submitted along with a plat
based on this survey(see EXHIBIT "B").
OP r
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Thomas S. Rowe RPLS No. 5728
THOMAS S�ROW..
Wr2008 08-133 03-135m&b.d°c
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EXHIBIT"A"
Page 3 of 3
MARK W. WHITELEY AND ASSOCIATES,INC.
CZ
S o¢ FND 5/8"I. ROD W\CAP Lol s (CALL S00'00'00"W 375.10') FNO 518" 1. ROD W\CAP PROPERTY LOCATION
J 4 O STAMPED W\RPLS3636" FND S00'00'55"W 375.21' STAMPED W\RPLS3636•
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SCALE 1 =BO LINE BEARING DISTANCE
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wozo ¢ �".,�"�, I I �N L3 989'94'11"W 10.00'
o a< w a 3 W W CALLED 2.000 ACRES I I N L4 S00'00'00"E 224,17
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Z ro v o L6 So0'0o 00 E 10.00
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_____ STAMPED W\RPLS3636" L19 N00'00'95"E 118.48'
ow=�m`z� W M-—————————— L20 N89'54'11"E 10.00'
z z 'o o?° a FNO NO0'00'DO'E 375.22'
L21 S00'00'S5"W 303.63'
z o�; o v°i 1x, (CALL N00'00'00 E 375.IO) E. ns'Or 2 ro L22 N90'o0'00'W 162.78'
E. 175'OF L01 9
REFERENCE BEARING PER CF NO. 2006015653, OPRJC ,;�� �OCQ7
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CE.surrNs etauraar L23 N45'00'00'W 55.80'
C.E.sNrD1Y etwwoNr a1%'"- amus FWT CMDENS
crraus rear CAeoEes LoT e �J uasaN Eou#wNr,INC. 6D1 1D L24 N00'00'00"E 263.83'
MASON EOUO.CPG 9�1 VOL. 177 a!J
VOL lei.119 a IJenJ n ll
TO THE OF THE
OF PREMISES SURVEYV END �g�0 ���0 EXHIBIT s�B
d REFER TO EXHIBIT "A"
1, THOMADO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY FOR LEGAL DESCRIPTION ROW
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE ARKS HOSPITALITY, INC.
OF THE SURVEY �F z I 0.1054 ACRE EXCUISIVE
DATE SURVEYED: FEBRUARY 14, 2008 '(s T f•F f 1 T 1
`P• G F 178 r - MATER LINE EASEMENT
-135 0 -135. WG
CO.� o;N OUT OF k PART OF LOT 4, BLACK 2
PARK ' NHITBLEY
S S ROE C.E. SMITHS SUBDIVISION
•••••••• AND ASSOC[ATES
................................7 . Q INCORPORATED VOLUME 1, PAGE 58, MAP RECORDS
9��FE S 510c' �O 9URYEYORS LAND 6flaNNexs S. STIVERS LEAGUE,
ABSTRACT NO. 51
HOMAS S. ROWE – EGISTERED PROFESSIONAL LAND SUR 28 r. o. en a.o „„e,.ro nw. BEAUMONT, JEFFERSON COUNTY, TEXAS
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 18, 2008 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
*
Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 2-8/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for an amendment to the City of Beaumont Zoning Ordinance,
Chapter 30, to allow electronic reader board owner identification signs as an
attachment to or part of a detached owner identification sign
2. Consider authorizing the participation of the City of Beaumont with other Entergy
Texas, Inc. service area cities to intervene in proceedings before the Public Utilities
Commission of Texas and the Federal Energy Regulatory Commission for the
calendar year 2008
3. Consider adopting the Reinvestment Zone Tax Abatement Policy for the City of
Beaumont
4. Consider approving the purchase of a truck and a dump truck for use in the Public
Works Department
5. Consider approving the purchase of three excavators for use in the Water
Department
6. Consider approving a contract for improvements to Caldwood Park and Chaison
Park
7. Consider approving the purchase of playground equipment for Caldwood Park and
Chaison Park
8. Consider approving a payment for emergency environmental services at 3700
Highland Avenue
WORKSESSION
* Review and discuss the recruitment and hiring of Police officers
* Receive and discuss a proposal to develop an integrated Public Children's Library
and Non-Profit Children's Museum inside the Main Public Library located
downtown at 801 Pearl Street
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at SW3716 three days prior to the meeting.
1
March 18, 2008
Consider a request for an amendment to the City of Beaumont Zoning Ordinance, Chapter 30, to
allow electronic reader board owner identification signs as an attachment to or part of a detached
owner identification sign
•••••• City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider a request for an amendment to the City of
Beaumont Zoning Ordinance, Chapter 30, to allow
electronic reader board owner identification signs as an
attachment to or part of a detached owner identification
sign.
RECOMMENDATION
The Administration recommends approval of a request for an amendment to the City of
Beaumont Zoning Ordinance, Chapter 30, to allow electronic reader board owner identification
signs as an attachment to or a part of a detached owner identification sign.
BACKGROUND
The Planning Division has had a number of requests and inquires for and about electronic reader
board signs.
The Zoning Ordinance prohibits signs with flashing lights or intermittent illumination, except for
electronic billboards and those signs that cannot be seen from the public right-of-way. When
requests for electronic reader board signs have been made, they have been denied based upon the
aforementioned prohibition.
At a Joint Public Hearing held February 18, 2008, the Planning Commission voted 5:0 to
recommend denial of a request to amend the City of Beaumont Zoning Ordinance, Chapter 30, to
allow electronic reader board owner identification signs as an attachment to or a part of a
detached owner identification sign.
On February 26, 2008, City Council held a workshop on electronic reader board owner
identification signs. Based upon input from the City Council, the City Manager stated that a
recommendation from the Administration would be brought to City Council.
BUDGETARY IMPACT
None.
Recommended ordinance attached.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ARTICLE I,
CHAPTER 30 - SECTION 30-4(b); ARTICLE II, SECTIONS
30-23(b); 30-23(f)3b(iii); 30-23(03d(iv); 30-23(f)4a.(iii);
30-23(f)4c(v); 30-23.1(b); 30-23.1(f)4b (iii); 30-23.1(05a2(iv);
30-23.1(f)5b1(iv); 30-23.1(f)5c; ARTICLE III, SECTIONS 30-
28(b)1.c; 30-28(b)3.d; 30-28(c)1.c; 30-28(f);AND ADDING 30-
28(c)3.4; PROVIDING FOR OWNER IDENTIFICATION
ELECTRONIC READER BOARD SIGNS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Article I, Chapter 30 SECTIONS 30-4(b); Article II, Chapter 30, Sections 30-23(b);
30-23(f)3b(iii); 30-23(f)3d(iv); 30-23(f)4a.(iii); 30-23(f)4c(v); 30-23.1(b); 30-23.1(f)4b (iii);
30-23.1(f)5a2(iv); 30-23.1(f)5b1(iv); 30-23.1(f)5c; Article III, Chapter 30, Sections 30-
28(b)1.c; 30-28(b)3.d; 30-28(c)1.c; 30-28(f); and add 30-28(c)3.4 of the Code of
Ordinances of the City of Beaumont be and the same are hereby amended as follows:
Section 2.
That Article I, Chapter 30, Section 30-4(b) be and the same is hereby amended to add the
definition as shown below:
ARTICLE I. IN GENERAL.
GENERAL DEFINITIONS.
Sec. 30-4 (b) Definitions:
SIGN, ELECTRONIC READER BOARD shall mean a sign or portion thereof that
uses changing lights to form a sign message or messages in text form wherein the
sequence of messages and the rate of change is electronically programmed and can be
Page 1 of 12
modified by electronic processes which is attached to or a part of a detached owner
identification sign. A sign on which the only copy that changes is an electronic or
mechanical indication of time or temperature shall be considered a "time/temperature"
portion of a sign and not a commercial message or an electronic reader board sign for
purposes of this Chapter.
Section 3.
That Article II, Chapter 30, Section 30-23(b) be and the same is hereby amended to add
the definition as shown below:
ARTICLE II.
UC - URBAN CORRIDOR SIGN OVERLAY DISTRICT -
Sec. 30-23 (b) Definitions:
SIGN, ELECTRONIC READER BOARD shall mean a sign or portion thereof that
uses changing lights to form a sign message or messages in text form wherein the
sequence of messages and the rate of change is electronically programmed and can be
modified by electronic processes which is attached to or a part of a detached owner
identification sign. A sign on which the only copy that changes is an electronic or
mechanical indication of time or temperature shall be considered a "time/temperature"
portion of a sign and not a commercial message or an electronic reader board sign for
purposes of this Chapter.
Section 4.
That Chapter 30, Sections 30-23(f) 3b (iii); 30-23(f) 3d(iv); be and the same are hereby
amended to read as follows:
Page 2 of 12
Sec. 30-23 (fl 3 Signs in Residential -UC Districts:
Sec. 30-23(f) 3b (iii)
b.
(iii). Except for electronic reader board signs, no sign
shall be lighted except by reflective flood-light type
illumination. There shall not be any flashing lights or
any type of intermittent illumination, except as
allowed below:
(a) Electronic reader board signs shall not be
permitted, except as an attachment to or
a part of a detached owner identification
sign.
(b) The message copy may change no more
than once every five (5) minutes.
(c) Message copy shall not include any
flashing, flowing, alternating or blinking
lights or animation.
(d) Message copy shall be one (1) color.
(e) As measured at the property line, the
maximum light emanation from a sign
shall be no greater than .2 footcandles.
(f) Electronic reader board signs shall not be
permitted in an historic district.
Sec. 30-23(fl 3d(iv).
d.
(iv) The sign shall not have any flashing lights,
intermittent illumination nor revolve nor rotate in
any manner, except as allowed below:
(a) Electronic reader board signs shall not be
permitted, except as an attachment to or
a part of a detached identification sign.
(b) The message copy may change no more
than once every five (5) minutes.
(c) Message copy shall not include any
flashing, flowing, alternating or blinking
lights or animation.
(d) Message copy shall be one (1) color.
(e) As measured at the property line, the
maximum light emanation from a sign
shall be no greater than .2 footcandles.
Page 3 of 12
(f) Electronic reader board signs shall not be
permitted in an historic district.
Section 5.
That Chapter 30, Sections 30-23(f) 4a.(iii); 30-23(f) 4c(v) be and the same are hereby
amended to read as follows:
Sec. 30-23 (f) 4. Signs in Commercial and Industrial - UC Districts:
Sec. 30-23 (f) 4a.(iii)
a.
(iii) No portion of the sign shall have flashing lights,
intermittent illumination, nor shall it revolve nor
rotate in any manner, except as allowed below:
(a) Electronic reader board signs shall not be
permitted, except as an attachment to or
a part of a detached owner identification
sign.
(b) The message copy may change no more
than once every five (5) minutes.
(c) Message copy shall not include any
flashing, flowing, alternating or blinking
lights or animation.
(d) Message copy shall be one (1) color.
(e) As measured at the property line, the
maximum light emanation from a sign
shall be no greater than .2 footcandles.
Sec. 30-23 (f) 4c.(v).
C.
(v) The sign shall not revolve or rotate in any manner
nor shall it have flashing lights or any type of
intermittent illumination, except as allowed below:
(a) Electronic reader board signs shall not be
permitted, except as an attachment to or
a part of a detached owner identification
sign.
(b) The message copy may change no more
than once every five (5) minutes.
(c) Message copy shall not include any
Page 4 of 12
flashing, flowing, alternating or blinking
lights or animation.
(d) Message copy shall be limited to one (1)
color.
(e) As measured at the property line, the
maximum light emanation from a sign
shall be no greater than .2 footcandles
Section 6.
That Chapter 30, Sections 30-23.1(b) is hereby amended to add the definition as shown
below; Section 30-23.1(f)4b(iii) be and the same is hereby amended to read as shown:
MAJOR/DOWLEN/GLADYS/HWY. 105 SIGN OVERLAY DISTRICT
Sec. 30-23.1 (b) Definitions:
SIGN, ELECTRONIC READER BOARD shall mean a sign or portion thereof that uses
changing lights to form a sign message or messages in text form wherein the sequence
of messages and the rate of change is electronically programmed and can be modified by
electronic processes which is attached to or a part of a detached owner identification sign.
A sign on which the only copy that changes is an electronic or mechanical indication of
time or temperature shall be considered a "time/temperature" portion of a sign and not a
commercial message or an electronic reader board sign for purposes of this Chapter.
That Chapter 30, Section 30-23.1(f) 4 (b)(iii) be and the same is hereby amended
to read as follows:
Sec. 30-23.1 (f) 4. Signs in Residential-MD Districts:
b.
(iii). The sign shall not have any flashing lights, any type of intermittent
illumination or revolve in any manner, except as allowed below:
(a) Electronic reader board signs shall not
be permitted, except as an attachment
Page 5 of 12
to or a part of a detached owner
identification sign.
(b) The message copy may change no
more than once every five(5)minutes.
(c) Message copy shall not include any
flashing, flowing, alternating or
blinking lights or animation.
(d) Message copy shall be limited to one (1) color.
(e) As measured at the property line,
the maximum light emanation from a
sign shall be no greater than .2
footcandles.
(f) Electronic reader board signs shall
not be permitted in a historic district.
Section 7.
That Chapter 30, Sections 30-23.1(f) 5.a. 2(iv); 30-23.1(f) 5.b 1(iv) and 30-23.1(f) 5c be
and the same are hereby amended to read as follows:
Sec. 30-23.1(f)5. Signs in commercial and Industrial - MD Districts
Sec. 30-23.1(f)5a.2.(iv)
a.
2.
(iv) The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
(a) Electronic reader board signs shall not be
permitted, except as an attachment to or a part
of a detached owner identification sign.
(b) The message copy may change no more than
once every five (5) minutes.
(c) Message copy shall not include any flashing,
flowing alternating or blinking lights or
animation.
(d) Message copy shall be limited to one (1) color.
(e) As measured at the property line, the
maximum light emanation from a sign shall be
no greater than .2 footcandles.
Page 6 of 12
Sec. 30-23.1(fi)5. b.1.(iv).
b.
1.
(iv) The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
(a) Electronic reader board signs shall not be
permitted, except as an attachment to or a part
of a detached owner identification sign.
(b) No more than sixty (60) sq. ft. shall be
dedicated to electric changeable copy.
(c) The message copy may change no more than
once every five (5) minutes.
(d) Message copy shall not include any flashing,
flowing alternating or blinking lights or
animation.
(e) Message copy is limited to one (1) color.
(f) As measured at the property line, the
maximum light emanation from a sign shall be
no greater than .2 footcandles.
Sec. 30-23.1.(fl5. c.
c. Gasoline retailers owner identification/pricing board signs. One (1)
detached owner-identification/pricing board sign for each street frontage
that abuts the property shall be permitted subject to the following conditions
and restrictions:
1. Dowlen Road, Hwy. 105 and Major Drive
(i) The sign shall not be greater than fifteen (15) feet in
height, the maximum height being measured from
twenty-four (24) inches above the curb height
adjacent to the property.
(ii) The sign shall not exceed one hundred (100) square
feet in area with the sign facing not to exceed
eighty-five (85) square feet.
(iii) All parts of the sign may be located at the street
right-of-way and must be located a minimum of ten
(10) feet from any other property line.
(iv) The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
(a) Electronic reader board signs shall not be
Page 7 of 12
permitted, except as an attachment to or
a part of a detached owner identification
sign.
(b) No more than sixty (60) sq. ft. shall be
dedicated to electric changeable copy.
(c) The message copy may change no more
than once every five (5) minutes.
(d) Message copy shall not include any
flashing, flowing alternating or blinking
lights or animation.
(e) Message copy is limited to one (1) color.
(f) As measured at the property line, the
maximum light emanation from a sign
shall be no greater than .2 footcandles.
(v) The sign shall meet the wind load requirements of the
building code.
(vi The sign shall be placed in a landscaped setting of
not less than one hundred twenty (120) square feet.
2. All other streets in the MD Sign Overlay District.
(i) The sign shall not be greater than six (6) feet in height,
the maximum height being measured form twenty-four
(24) inches above the curb height adjacent to the
property.
(ii) The sign shall not exceed seventy (70) square feet in
area with the sign facing not to exceed sixty(60)square
feet.
(iii) All parts of the sign may be located at the street
right-of-way and shall be located a minimum of ten (10)
feet from any other property line.
(iv) The sign shall not revolve or rotate in any manner nor
shall it have flashing lights or any type of intermittent
illumination, except as allowed below:
(a) Electronic reader board signs shall not be
permitted, except as an attachment to or a
part of a detached owner identification sign.
(b) The message copy may change no more than
once every five (5) minutes.
(c) Message copy shall not include any flashing,
flowing alternating or blinking lights or
animation.
(d) Message copy shall be limited to one (1) color.
(e) As measured at the property line, the
maximum light emanation from a sign shall be
no greater than .2 footcandles.
Page 8 of 12
(v) The sign shall meet the wind load requirements of the building
code.
(vi) The sign shall be placed in a landscaped setting of not less
than one hundred twenty (120) square feet.
Section 8.
That Article III, Chapter 30, Sections 30-28(b)1.c.; 30-28(b)3d and 30-28(c) 1.c are hereby
amended to read as follows:
Article III.
GENERAL SIGN REGULATIONS
Sec. 30-28. Sign Regulations
Sec. 30-28(b)1.c.
(b)
1.
c. The sign shall not have flashing lights, any type
of intermittent illumination or revolve in any
manner, except as allowed below:
(i) Electronic reader board signs shall
not be permitted, except as an
attachment to or a part of a
detached owner identification sign.
(ii) The message copy may change no
more than once every five (5) minutes.
(iii) Message copy shall not include any
flashing, flowing, alternating or blinking
lights or animation.
(iv) Message copy shall be one (1) color.
(v) As measured at the property line, the
maximum light emanation from a sign
shall be no greater than .2 footcandles.
(vi) Electronic reader board signs shall not
be permitted in an historic district.
Sec-28(b) 3.d.
3.
d. The sign shall not have any flashing lights,
Page 9 of 12
intermittent illumination, or revolve or rotate in
any manner, except as allowed below:
(i) Electronic reader board signs shall be
permitted if approved as part of the
Specific Use Permit.
(ii) The message copy may change no
more than once every five (5) minutes.
(iii) Message copy shall not include any
flashing, flowing, alternating or blinking
lights or animation.
(iv) Message copy shall be one (1) color.
(v) As measured at the property line, the
maximum light emanation from a sign
shall be no greater than .2 footcandles.
(vi) Electronic reader board signs shall not
be permitted in an historic district.
Sec. 30-28(c) 1.c.
(c)
1.
c. The sign shall not have any flashing lights,
intermittent illumination or revolve or rotate
in any manner, except as allowed below:
(i) Electronic reader board signs shall
not be permitted, except as an
attachment to or a part of a
detached owner identification sign.
(li) The message copy may change
no more than once every five (5)
minutes.
(iii) Message copy shall not include
any flashing,flowing, alternating or
blinking lights or animation.
(iv) Message copy shall be limited to one (1) color.
(v) As measured at the property line,
the maximum light emanation from
a sign shall be no greater than .2
footcandles.
Page 10 of 12
Section 9.
That Sec. 30-28 is hereby amended to add 30-28(c) 3.4 to read as follows:
30-28(c) 3.4
(c) 3.4. Electronic reader board signs shall be permitted in the GC-MD,
GC-MD-2, CBD, C-M, LI, HI and PD Districts subject to the
following conditions:
(a) The electronic reader board is to be
attached to or a part of a detached owner
identification sign.
(b) The message copy may change no more than once every five (5)
minutes.
(c) Message copy shall not include any flashing, flowing, alternating or
blinking lights or animation.
(d) Message copy shall be limited to one (1) color.
(e) As measured at the property line, the maximum light
emanation from a sign shall be no greater than .2 footcandles.
(f) No more than sixty (60) sq. ft. or fifty (50)
percent of the maximum sign area,
whichever is less shall be dedicated to
electric changeable copy.
That Sec. 30-28(f) is hereby amended to read as follows:
Sec. 30-28(fl
(f) Prohibited Signs:
No sign shall be attached or applied to trees, utility
poles or trash receptacles or located within any
public right-of-way. Signs with flashing lights or
intermittent illumination shall be prohibited, except
those signs that cannot be seen from the public
right-of-way or as allowed under, Sec. 30-23(f)3,
Sec. 30-23(f)4, Sec. 30-23.1(f)4, Sec. 30-23.1(f)5,
Sec. 30-28(b)1, Sec. 30-28(b)3; Sec 30-28(c) and
Sec. 30-28(c)3.4. Signs shall not revolve or rotate.
No sign shall resemble an official sign or marker
erected by a governmental agency. No sign shall
be placed on any property in such a manner to
obstruct the view from the left or right of a vehicle
from other traffic on the public right-of-way when
lawfully entering the roadway. The City
Transportation Manager shall have the right to
Page 11 of 12
i
order the removal of such signs by the property
owner or by city crews, subject to a 10 day right of
appeal by the owner to the Board of Adjustment,
prior to removal.
Section 10.
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 11.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 12.
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 the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
Page 12 of 12
2
March 18, 2008
Consider authorizing the participation of the City of Beaumont with other Entergy Texas, Inc.
service area cities to intervene in proceedings before the Public Utilities Commission of Texas and
the Federal Energy Regulatory Commission for the calendar year 2008
A.. City Council Agenda Item
M ' � � m
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorne5�6�
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council to consider a resolution authorizing the
participation of the City of Beaumont with other Entergy
Texas, Inc. service area cities to intervene in proceedings
before the Public Utilities Commission of Texas and the
Federal Energy Regulatory Commission for the calendar
year 2008.
RECOMMENDATION
Administration recommends the adoption of a resolution authorizing the City of Beaumont to
participate with other Entergy Texas, Inc. service area cities and to intervene in proceedings filed
by ETI before the Public Utilities Commission of Texas and the Federal Energy Regulatory
Commission for the calendar year 2008.
BACKGROUND
Historically, the City of Beaumont has joined with other cities in the Entergy Texas, Inc. service
area in participating in proceedings before the Public Utilities Commission of Texas involving
various rate and fuel matters filed by Entergy Texas, Inc. Over the last several years, the City has
adopted a resolution similar to the one proposed authorizing the City of Beaumont to continue to
participate with the other area cities in the various cases that the company has filed and is
expected to file in the year 2008. This participation is necessary to assure reasonable rates and
charges and fair competition to all customer classes of Entergy Texas, Inc. within the service area
cities.
The actions of the participating cities intervening in these matters are accomplished pursuant to
the direction of a Cities' Steering Committee of which the City of Beaumont is a member. The
Cities' Steering Committee will retain rate consultants, attorneys and other representatives who
will represent the cities' interest in the above proceedings.
Entergy Texas, Inc. PUC Proceedings March 18, 2008 Meeting
Page 2
The City Council has authorized similar participation resolutions of participation each year since
at least the year 2002.
BUDGETARYIMPACT
All reasonable expenses associated with rate matters will be reimbursable by the company as
they have been in the past.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT,
TEXAS, AUTHORIZING PARTICIPATION WITH OTHER
ENTERGY SERVICE AREA CITIES IN MATTERS
CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC
UTILITY COMMISSION OF TEXAS IN 2008.
WHEREAS, Entergy Texas, Inc.'s (ETI) implementation of customer choice has
been delayed due to lack of competition; lack of independent market structures and
organizations in its service territory to implement fair competition; and because ETI's ability
to control the market in its region has not been evaluated, ETI will continue to be regulated;
and,
WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate
proceedings will have a direct impact on ETI and customer bills during the continued
transition to competition; and,
WHEREAS, ETI is scheduled to litigate its request in various proceedings at the
Public Utility Commission and Federal Energy Regulatory Commission in 2008 related to
various fuel cost surcharges and reconciliation,capacity cost surcharges and reconciliation;
for approval of various market structures necessary for the implementation of fair
competition, and for any type of base rate adjustment proceedings; and,
WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility
Commission in March and September, 2008, and file other fuel proceedings during 2008
to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism
along with various surcharge requests impacting rates; and,
WHEREAS, ETI has filed a proceeding to determine the proper Texas allocation of
rough production cost equalization payments from Entergy Arkansas; and,
WHEREAS, Cities have the statutory right to set fair and reasonable rates for both
the Company and ratepayers within Cities; and,
WHEREAS, Cities have original jurisdiction over rates, operations, and services of
an electric utility in areas in the municipality pursuant to Tex. UN. Code §33.001; and,
WHEREAS, Cities have standing in each case before the Public Utility Commission
of Texas that relates to an electric utility providing service in the municipality pursuant to
Tex. Util. Code §33.025; and,
WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable
• rate case expenses to participate in cases that are deemed rate proceedings pursuant to
Tex. Util. Code §33.023;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the City of Beaumont shall participate with other Cities to intervene in ETI's
various rate filings related to the various fuel cost surcharges and reconciliation, capacity
cost surcharges and reconciliation; the allocation of rough production cost allocation
payments, for approval of various market structures necessary for the implementation of
fair competition, and for any base rate adjustment proceedings on file at the Public Utility
Commission and the Federal Energy Regulatory Commission in 2008 seeking appropriate
regulatory scrutiny.
THAT the City of Beaumont shall participate with other Cities to intervene in
proceedings at the Public Utility Commission on file in 2008 concerning ETI's readiness for
competition, market power, organizations and structures to assure fair competition to all
customer classes.
That the City of Beaumont shall participate with other Cities to intervene in
proceedings at the Public Utility Commission on file in 2008 concerning ETI's base rate
charge to customers.
All such actions shall be taken pursuant to the direction of the Cities' Steering
Committee. Cities' Steering Committee shall have authority to retain rate consultants and
lawyers. Cities'Steering Committee shall direct the actions of Cities' representatives in the
above proceedings. The Steering Committee is directed to obtain reimbursement from ETI
of all reasonable expenses associated with participation in said proceedings.
Section 2.
This resolution shall be effective from and after the date of its passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
3
March 18,2008
Consider adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont
117!j City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider adopting the Reinvestment Zone Tax
Abatement Policy for the City of Beaumont.
RECOMMENDATION
The Administration recommends City Council approve the Reinvestment Zone Tax Abatement
Policy for the City of Beaumont.
BACKGROUND
The City of Beaumont's Reinvestment Zone Tax Abatement Policy is adopted every two years by
the City Council and was last adopted on April 4, 2006.
The proposed Reinvestment Zone Tax Abatement Policy remains unchanged from that last
adopted in 2006, except that the policy's title is now specific to Beaumont's Reinvestment Zone,
so as to distinguish it from our Neighborhood Empowerment Zone Incentive Policy which offers
a variety of incentives, including tax abatements, but only within designated Neighborhood
Empowerment Zones.
The policy provides criteria for eligibility and implementation in accordance with Texas Tax
Code, Chapter 312, otherwise known as the Property Redevelopment and Tax Abatement Act,
governing property tax abatement agreements. All applications are considered on a case-by-case
basis. Approval of abatements within the Reinvestment Zone is contingent upon final
consideration and action by the City Council.
BUDGETARY IMPACT
None.
CITY OF BEAUMONT
REINVESTMENT ZONE
TAX ABATEMENT POLICY
PHILOSOPHY
Tax abatement is an economic development strategy to mitigate the substantial costs usually
associated with the construction of a new or expansion of an existing facility that enhances the
economic and/or social base of the community. Because property tax revenue is the means to
provide vital community services, it is the position of City of Beaumont that tax abatement be
utilized sparingly, and only after careful consideration of the economic impact on the
community. Nothing herein shall imply or warrant that the City of Beaumont is under any
obligation to provide tax abatement to any applicant.
ELIGIBILITY
This policy document provides criteria for eligibility and policy implementation as adopted by
the City Council of the City of Beaumont, in accordance with Texas Tax Code, Chapter 312,
otherwise known as the Property Redevelopment and Tax Abatement Act (Act), governing
property tax abatement agreements within Reinvestment Zones. All applications will be
considered on a case-by-case basis.
The following types of enterprises are eligible to apply for tax abatement.
• Industrial/Manufacturing- activities such as engaging in the mechanical or
chemical transformation of materials or substances into new products;
assembling component parts of manufactured products, if the new product
is neither a structure nor other fixed improvement; and blending of
materials, such as lubricating oils, plastic toxins or liquors. Other eligible
activities include specialty resins and polymers, pharmaceuticals, medical
devices and specialty foods.
• Distribution- activities described as the wholesale distribution of durable
and/or nondurable goods, such as motor vehicles, furniture, lumber and
other construction materials, professional and commercial equipment,
electrical goods, hardware and plumbing and heating equipment, paper
and paper products, apparel and groceries.
• Central administrative office services - examples include performing
management, support services or telecommunication functions for related
entities.
• Properties subject to a Texas Commission on Environmental Quality
(TCEQ)Voluntary Cleanup Program Agreement.
Eligible property for which abatement may be granted includes non-residential real property
and/or tangible personal property located on the real property other than that personal property
that was located on the real property at any time before the abatement agreement is executed.
Abatement of taxes shall be the value of real or personal property located on the property for
each year of the Tax Abatement Agreement only to the extent that the value for the year exceeds
the value for the year in which the agreement was executed. Excluded from eligible personal
property are inventory or supplies. Personal property with a useful life of less than ten years is
also not eligible for tax abatement.
A. The City of Beaumont herein("Governmental Entity") adopts these guidelines and
criteria for tax abatement ("Policy") for real property owners who propose a project
("Project")to develop, redevelop and improve taxable qualifying real property("Real
Property"). The Governmental Entity is willing to provide a subsidy to a Real Property
Owner in the form of a special exemption from certain taxes provided the Real Property
Owner agrees to accept and abide by this Policy. If the Real Property owner leases said
property to a third party, the Governmental Entity may require assurances that the
conditions outlined in this policy for the Real Property Owner will be met.
B. The abatement of ad valorem taxes on Real Property Improvements and Eligible Personal
Property will be evaluated and determined according to the following formula and will be
subject to the remaining terms of this policy.
NUMBER OF NEW
PERCENT OF CREATED CAPITAL COST OF FULL-TIME JOBS
VALUE TO BE ABATED THE PROJECT(OR) TO BE CREATED
$ 0-$ 500,000 Not Applicable
100%for 2 yrs.after project completion $ 500,001 -$2,000,000 20-30
100%for 3 years $2,000,001 -$3,500,000 3140
100%for 4 years $3,500,001 -$5,000,000 41-50
Individual Case Basis $5,000,001 or more 51 or more
A full-time equivalent employment position is one that provides at least 2,080 hours annually
within the City's taxing jurisdiction. The number of full-time equivalent employment positions
is determined by adding the total number of hours worked and/or actual paid leave(such as
vacation, sick leave,jury duty) of all employees, less overtime hours, and dividing that sum by
2,080. All existing jobs as well as those created must be maintained throughout the term of a tax
abatement agreement.
C. With respect to a Project with a minimum investment of$5,000,001, each tax abatement
request will be individually reviewed by the Governmental Entity and approved or
declined based on the merits of the application. The percentage of taxes abated is one
hundred percent abatement until Project Completion, not to exceed the first and second
Tax Year. The percentage of taxes abated for the first through fifth Tax Years next
following Project Completion shall be that percentage of abatement granted by the
Governmental Entity at the time of the application.
The City Council may extend the abatement period longer than the periods stated above if
warranted based on an analysis of the direct economic impact.
The period of time that the taxes are abated will be referred to as the"Abatement Period".
The"first Tax Year" is defined as the first full calendar year next following the
commencement of construction of the Project.
PROPERTIES SUBJECT TO
VOLUNTARY CLEANUP AGREEMENT
Tax abatement may apply to properties that are subject to a Voluntary Cleanup Program
Agreement as executed with the Texas Commission on Environmental Quality(TCEQ) in
accordance with §361.601 et. seq. of the Health and Safety Code for the cleanup or removal of a
hazardous substance or contaminant from the environment, as follows:
Capital Expenditure Abatement Years
Minimum of$250,000 100% 1
75% 2
50% 3
25% 4
Tax abatement for such properties shall not exceed four years and will take effect on January 1
of the year following the date the property owner receives a certificate of completion for the
property. The City of Beaumont may cancel or modify the agreement if it determines that the
use of the land is changed from the use specified in the certificate of completion, and the new use
may result in an increased risk to human health or the environment.
D. Prior to beginning the actual construction work or buying personal property for the
Project proposed for tax abatement, the Real Property Owner requesting tax abatement
within a lawfully created reinvestment zone must:
(1) Provide the Governmental Entity with(a) a description of the Project clearly
defining and delineating the work to perform; (b) a statement agreeing to expend
a designated amount ("Project Cost")for the Project and, if the abatement is based
on Required Jobs, a separate statement agreeing that the required minimum
number of full-time jobs will be created ("Required Jobs") and maintained during
the term of the Contract; (c) an explanation as to how the Project will provide
long term significant positive economic benefit to the community, the
Governmental Entity and its taxpayers; (d)information as to what attempt will be
made to utilize Jefferson County contractors and workers; and (e) information as
to what attempt will be made to utilize Jefferson County minority contractors and
workers.
(2) Furnish the Governmental Entity with a written statement that tax abatement will
be a significant factor in determining whether the Project for the development,
redevelopment or improvement of the Real Property will take place.
(3) Agree to execute a Contract with the Governmental Entity containing the
covenants and conditions required by the Governmental Entity.
E. Should the Governmental Entity agree to grant an abatement to the Real Property Owner
after compliance with the procedure outlined above, then:
(1) Subject to the terms and conditions of the contract, a stipulated percentage as set
forth above of those particular ad valorem real property taxes("Taxes")which are
generated by virtue of fair market value created("Created Value") solely due to
the construction and completion of the Project on the real Property will be abated.
(2) The Period of Construction("Construction Period") for the Project shall not go
beyond the end of the second Tax Year. During the Construction Period the Real
Property Owner must actually expend the Project Cost.
(3) Within six months next following the end of the Construction Period, the Project
must be operational; i.e., it must actively serve the purpose for which it is
designed.
(4) In the event the Project is either:
a Not complete at the Minimum Cost h
( ) p by the end of the Construction Period;
or
(b) Is timely completed at the Minimum Cost but is not operational within six
months next following the end of the Construction Period; or
(c) Is timely completed but the Required Jobs are not created or maintained as
set forth in paragraph(B); or
(d) Is timely completed at the Minimum Cost, is operational within six
months next following the end of the Construction Period and, if
applicable, meets the job requirements, but its operations are discontinued
for a continuous period of six months, then the Contract shall terminate
with respect to the Project and so shall the abatement of Taxes for the
Created Value of the Project. The Taxes otherwise abated with respect to
the Project shall be paid to the Governmental Entity on the date specified
by law, or, if such date has passed, then within sixty(60) days of the
accelerated termination of the Abatement Period.
(5) Employees and/or designated representatives of the Governmental Entity will
have access to the Project during the term of the contract for inspection purposes
so as to determine if the terms and conditions of the Contract are being met. All
inspections will be made only after the giving of twenty-four(24)hours prior
notice and will only be conducted in such a manner as to not unreasonably
interfere with the construction and/or operation of the Project. All inspections
will be made with one or more representatives of the Real Property Owner, and in
accordance with its safety standards.
(6) In the event that (a)The Real Property Owner allow its ad valorem taxes owed the
Governmental Entity to become delinquent and fails to timely and properly follow
the legal procedures for their protest and/or contest; or(b)the Real Property
Owner violates any of the terms and conditions of the Contract, and fails to cure
during the Cure Period(as hereafter provided), then the Contract may be
terminated by the Governmental Entity, and all taxes otherwise abated by virtue
of the Contract will be recaptured and paid to the Governmental Entity by the
Real Property Owner within sixty(60) days of the termination.
(7) The term"Base Year Value" as used herein is the market value of all realty
improvements of the Real Property Owner located within the taxing entity as of
January 1 of the year a contract is executed less the abated value of all projects
granted the Real Property Owner by the taxing entity for the"Base Year'. The
term"Taxable Value" is determined by deducting the amount of any abatements
granted for that Tax Year from the appraised market value of all realty
improvements of the Real Property Owner located within that taxing entity. If on
January 0 of any Tax Year all of the legally determined realty improvements
owned by the Real Property Owner within the jurisdiction of the Governmental
Entity is less than the legally determined Base Year Value and/or in the event that
the Real Property Owner reduces their ad valorem taxes on personal property
otherwise payable to the Governmental Entity by participating in a foreign trade
zone or by having otherwise taxable property exempted pursuant to special
legislation, e.g.,the"Freeport Amendment" ("Special Treatment"),then the
abatement otherwise available shall be reduced by one dollar for each dollar that
the taxable value i 1 h
u s less than the Base Year Value and also for each dollar of tax
reduction attributable to Special Treatment; provided, however, that in no event
shall the offset exceed the Created Value of the Project otherwise subject to the
abatement of taxes.
(8) Notwithstanding any other provision herein to the contrary in the event that the
Governmental Entity adopting this Policy is required to adopt a tax rate which
would subject the Entity to a tax rollback election under Section 26.07 of the
Property Tax Code, and this increase is caused by requirements set forth by the
State; mandated by the judiciary; expenses required to repair, rebuild or
rehabilitate improvements which are damaged or destroyed; or due to a significant
decline in value of a major industrial complex located in the jurisdiction of the
Entity, then the Entity may allocate the taxable value necessary to reduce the
actual rate below the rollback rate to the Owners of abated property based on the
Owner's prorate share of the total abated value for the current tax year.
(9) Should the Governmental Entity determine that the Real Property Owner is in
default in the terms and conditions of the Contract, then the Governmental Entity
will notify the Real Property Owner at the address stated in the Contract of such
claimed default, and if such is not cured within sixty(60) days from the date of
such notice ("Cure Period"), the Contract may be terminated by the Governmental
Entity. Any notice of default shall be in writing and shall be given by personal
delivery or by certified mail, return receipt requested. In the event the notice is
affected by personal delivery, the date and hour of actual delivery shall be the
time and date of such notice to the Business. Absent a postal strike or the
stoppage of the mails, in the event of delivery of notice by registered or certified
United States mail, the date and hour following 48 hours after the date and hour at
which the sealed envelope containing the notice is deposited in the United States
mail, properly addressed, and with postage prepaid, shall be the time and date of
such notice to Real Property Owner.
F. The Governmental Entity adopting this Policy shall have the final decision with respect
to its interpretation and, also, as to whether the minimum standards set forth above have
been met by the Real Property Owner.
G. This Policy shall terminate on the second anniversary from the date of its adoption by the
Governmental Entity.
APPLICATION
For additional information on tax abatement, contact the Community Development Department
at(409) 880-3764. In determining how and with whom tax abatement will be utilized, the City
will examine the potential return on the public's investmen t,
including net J obs created,J obs
retained, broadening of the tax base, expansion of the economic base and competitive impact
upon existing industries and businesses. Approval is contingent upon final consideration and
action by the Beaumont City Council. To the extent permitted by law, information provided by
an applicant in connection with a request for tax abatement is confidential and not subject to
public disclosure until the tax abatement agreement is executed.
Application for Tax Abatement
City of Beaumont
This application will become part of the Tax Abatement Agreements and any knowingly false representations will be grounds for
the voiding of the agreement. An original copy of this request should be submitted to the Community Development Department,
City of Beaumont,P.O.Box 3827,Beaumont,Texas 77704.
Part I—Applicant Information Application Date
Company Name:
Address:
Telephone:
Current Number of Employees:
Annual Sales:
Employees in Taxing Jurisdiction:
Beaumont Address:
Years in Jefferson County:
Legal Counsel:
Address:
Telephone:
❑ Corporation ❑ Partnership ❑ Proprietorship
Has the Applicant Company recently been cited or currently under investigation for any
violations of Federal, State, and/or City laws, codes, or ordinances? ( )No ( )Yes
If yes, please provide detailed information on the nature and status of the violation(s) on a
separate sheet of paper.
Is any interest in the project presently held by a member of the Beaumont City Council, Planning
and Zoning Commission, or any City employee?
( )No ( )Yes
Attach a description of the Applicant Company, including a brief history, corporate structure, and business plan and
annual statement, if available.
Part II—Project Information
Location Address:
Legal Description:
Tax Acct. Numbers:
Attach statement fully explaining project, describe existing site and improvements, describe all proposed
improvements and provide list of improvements and equipment for which abatement is requested If available,
provide a map showing location of existing and proposed improvements.
Section A—Economic Development
Type of Facility/abatement:
❑ Industrial ❑ Central Administrative office services
❑ Manufacturing ❑ Distribution
❑ Brown fields site ❑ Other
Describe product or service to be provided:
Part III—Economic Information
Construction Estimate:
Contractor:
Start Date: Contract Amount:
Completion Date: Peak Construction Jobs:
If Modernization:
Estimated current economic life of structure years
Added economic life from modernization years
Permanent Job Creation/Retention:
Current employment Jobs to be Retained:
Full-time jobs created at opening 20
at 3 years 20
(A full-time equivalent position is one that provides at least 2,080 hours annually within the City's taxing jurisdiction.)
Provide information, if available, on
(1) new employee needs; e. g. skilled vs. non-skilled, level of education, experience, etc.;
(2) any training the company will provide to its new employees;
(3) attach a list of new jobs to be created by job class with associated wage and salary ranges.
Also, provide an average wage for hourly jobs and an average salary for management
jobs;
(4) attach a list of benefits provided to employees. Indicate if employees'dependents
have access to the company's health plan;
(5) attach a list describing the type of incentive and/or assistance you will be requesting from
other City departments and/or utility companies;
(6) describe any goodwill benefits your company will provide to the community.
PERSONAL PROPERTY
ESTIMATED APPRAISED VALUE ON SITE LAND IMPROVEMENTS (FURNITURE FIXTURES
AND EQUIPMENT)
Value on January 1 proceeding abatement
Estimated value of new abatable investment
Estimated value of properties not subject to
abatement(i.e.inventory,supplies)
Estimated value of property subject to ad valorem
tax at end of abatement
'Please state the method used to determine the estimated value of proposed improvements(i.e.appraisal of plans and specs,etc.)
(1) Provide the Governmental Entity with(a) a statement agreeing to expend a
designated amount ("Project Cost")for the Project and, if the abatement is based
on Required Jobs, a separate statement agreeing that the required minimum
number of full-time jobs will be created("Required Jobs") and maintained during
the term of the Contract; (b) an explanation as to how the Project will provide a
long term significant positive economic benefit to the community, the
Governmental Entity and its taxpayers; (c)information as to what attempt will be
made to utilize Beaumont contractors and workers; and(d) information as to what
attempt will be made to utilize Beaumont or Jefferson County contractors and
workers; and (e) information as to what attempt will be made to utilize Beaumont
or Jefferson County minority contractors and workers.
(2) Furnish the Governmental Entity with a written statement that tax abatement will
be a significant factor in determining whether the Project for the development,
redevelopment or improvement of the Real Property will take place.
Agree to execute a Contract with th
(3) A gr a Government Entity containin g the covenants
and conditions required by the Governmental Entity.
Company Representative to be Contacted: Authorized Company Official:
Name:
Authorized Signature
Title:
Name and Title
Address: Telephone:
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RESOLUTION NO.
WHEREAS, the City Council approved Resolution No. 06-100 adopting the City of
Beaumont's Tax Abatement Policy and Philosophy Statement for Tax Abatement and
Program for Financial Incentives; and,
WHEREAS, the title of the policy is now Reinvestment Zone Tax Abatement Policy
for the City of Beaumont, so as to distinguish it from the City's Neighborhood
Empowerment Zone Incentive Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the adoption of the City of Beaumont's
Reinvestment Zone Tax Abatement Policy.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
4
March 18, 2008
Consider approving the purchase of a truck and a dump truck for use in the Public Works
Department
��i
City Council Agenda Item
IL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Office
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider the purchase of a truck and a dump truck for
use in the Public Works Department.
RECOMMENDATION
Administration recommends the purchase of a 2009 International truck for the Solid Waste
Division and a 2009 International dump truck for Streets and Drainage. Both vehicles will be
purchased through the Houston-Galveston Area Council(H-GAC)Cooperative Purchasing
Program from Santex Truck Center in Houston, Texas. The truck will be ordered at a cost of
$93,185 and the dump truck will cost $116,350, for a total purchase price of$209,535.
BACKGROUND
H-GAC is a cooperative purchasing association providing cities and political subdivisions with the
means to purchase specialized equipment at volume pricing. H-GAC complies with the State of
Texas procurement statutes. The combined purchase price of$209,535 includes H-GAC
administrative fees of$1,000.
The truck for Solid Waste is a cab and hitch unit with hydraulic power to raise an attached trailer
in order to dump the waste. A trailer for this truck was purchased in February 2008 through
UTEC of Lake Charles, Louisiana. The truck and trailer will be used by the Yard Waste Division
for large brush and tree trunk removal in residential areas. Currently there are nine(9)trucks
with loaders and twenty(20) cubic yard trash bodies and eight (8)trucks with forty-five (45) cubic
yard trailers attached. This addition will allow all nine trucks with loaders to be paired with a
truck having a trailer attached, thereby increasing the efficiency of collection by the Yard Waste
Division.
The fourteen(14)cubic yard dump truck will be used by Streets and Drainage to haul
construction material such as asphalt, road base material and sand. This truck will be replacing
unit 3177, which is a 1987 International 14-yard dump truck. This truck will be disposed of
according to the City's surplus equipment disposal policy.
Purchase of Tractor and Dump Truck
March 18, 2008
Page 2
The basic warranty of both units is two (2)years, 200,000 miles. Work on both units can be
performed by International Trucks of Houston if needed.
BUDGETARY IMPACT
Funds are budgeted in the Solid Waste Fund and Capital Reserve Fund, respectively.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a 2009 International tractor in the
amount of $93,185 for the Solid Waste Division and a fourteen (14) cubic yard 2009
International dump truck for Streets and Drainage in the amount of$116,350 for a total cost
of$209,535 from Santex Truck Center in Houston, Texas through the Houston-Galveston
Area Council (H-GAC) Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
5
March 18,2008
Consider approving the purchase of three excavators for use in the Water Department
117LJIJ
City Council Agenda Item
c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider the purchase of three (3) compact rubber
track excavators.
RECOMMENDATION
Administration recommends the purchase of three (3) compact rubber track excavators through
the Houston-Galveston Area Council(H-GAC)Cooperative Purchasing Program. These
excavators will be ordered from CLM Equipment Company of Houston, Texas for a total price of
$104,718.05.
BACKGROUND
H-GAC is a cooperative purchasing association providing cities and political subdivisions with the
means to purchase specialized equipment at volume pricing. H-GAC complies with the State of
Texas procurement statutes. The H-GAC administrative fees are included in the stated price of
each excavator.
The Water Utilities Department will use these excavators daily to repair and maintain sewer lines.
They are narrow in design for use in limited space conditions, such as alleys and rights-of-way in
residential areas.
The models being purchased are as follows:
MODEL UNIT PRICE
Takeuchi TB135C $ 38,076.35
Takeuchi TB145C 49,918.75
Takeuchi TB 108 16,722.95
Purchase of Three(3)Compact Excavators
March 18, 2008
Page 2
The model TB 108 is a new addition to the fleet and is smaller than other mini excavators the City
currently utilizes. The new unit is capable of going through gates and fences without taking them
down, which speeds up the process of removing and replacing pipe. The other models will
replace two(2) 1999 Takeuchi excavators. The replaced units will be disposed of according to
the City's surplus property policies.
The new excavators will be delivered within twenty-one(2 1)days of the order. The warranty on
these units is bumper-to-bumper for one(1)year. Warranty service will be provided by CLM in
Houston.
BUDGETARY DIPACT
Funds are budgeted in the Water Utilities Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of three (3) compact rubber track
excavators as shown below for a total cost of $104,718.05 for the Water Utilities
Department through the Houston-Galveston Area Council(H-GAC)Cooperative Purchasing
Program.
MODEL UNIT PRICE
Takeuchi TB135C $38,076.35
Takeuchi TB145C $49,918.75
Takeuchi TB108 $16,722.95
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
6
March 18,2008
Consider approving a contract for improvements to Caldwood Park and Chaison Park
��
City Council Agenda Item
WIM"Ji
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider improvements to Caldwood Park and
Chaison Park.
RECOMMENDATION
Administration recommends that a contract be awarded to Bruce's General Construction, Inc., of
Beaumont, Texas in the amount of$105,000 and that Change Order No. 1 be executed for a
deduction of$2,100.
BACKGROUND
Four(4)bids were received for furnishing all labor, materials, equipment and supplies to provide
specified improvements at Caldwood and Chaison Parks and to prepare both sites for the
installation of new playground equipment. The improvements are designed to enhance the
appearance and accessibility of each Park. The alterations include modifying the wooden shelter
columns, repairing and replacing picnic tables and park benches, as well as installing ADA
compliant sidewalks, borders, and entrances. The work also includes preparing the sites for the
installation of new play ground equipment provided by the City.
Four (4) contractors submitted bids for this project and they are as follow:
Contractor Bid Completion Time
Bruce's General Construction, Beaumont, TX $105,000 90 days
Global Disaster Services, Beaumont, TX $121,435 60 days
McInnis Construction, Silsbee, TX $127,855 100 days
G & G Enterprises, Orange, TX $142,900 60 days
Improvements to Caldwood and Chaison Parks
March 18, 2008
Page 2
Change Order No. 1 reflects a deduction of$2,100 due to the reduction in the size of the
playground area. The credit was requested because the original cost of playground equipment
exceeded available funding.
The net cost after the execution of Change Order No. 1 is $102,900.
Bruce's General Construction is a certified Minority Business Enterprise company.
BUDGETARY IMPACT
Funds are available in the Capital Reserve Fund.
CHANGE ORDER #1
PROJECT: IMPROVEMENTS TO CALDWOOD & CHAISON PARK
BID NO. CP1208-02
OWNER: CITY OF BEAUMONT
P.O. BOX 3827
BEAUMONT, TEXAS 77704
CONTRACTOR: BRUCE'S GENERAL CONSTRUCTION, INC.
1175 REYNOLDS ROAD
BEAUMONT, TEXAS 77707
On this the seventh day of March, 2008,the following change to the Contract Documents is hereby
made:
Item 1 Necessity of change: The project combined bid totals from Bruce's General
Construction and Total Recreation Products exceeded the project budget. To aid in
bringing the project within the budgeted amount, Parks Operations Department
requested a proposal from Total Recreation Products to downsize the playground
equipment on each park. The result of downsizing the playground equipment
reduced the overall cost of the playground equipment and the need for the same size
play area as designed. As a result of the smaller play areas, Building Services
requested a credit from Bruce's General Construction for the decrease in the play
area scope of work.
Description: In accordance with the terms of the Contract Documents,this contractor
has honored the request of Building Services and offered a credit to the City of
Beaumont. The City of Beaumont's Building Services Division has examined the
evidence and verified that the deductive amount offered by the Contractor is
accurate.
Total Deduct for this Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deduct ( S2,100.00)
ORIGINAL CONTRACT AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105,000.00
AMOUNT OF PREVIOUS CHANGE ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
TOTAL AMOUNT OF DEDUCT FOR THIS CHANGE ORDER . . . . . Deduct ($2,100.00)
ADJUSTED CONTRACT AMOUNT TO DATE . . . . . . . . . . . . . . . . . . . . . . . . . . $102,900.00
PERCENTAGE OF CHANGE - THIS CHANGE ORDER . . . . . . . . . . . . . . . . . . . . . -.02%
PERCENTAGE OF CHANGE TO DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -.02%
ORIGINAL CONTRACT TIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 CALENDAR DAYS
ADDITIONAL CONTRACT TIME - CHANGE ORDER# 1 . . . . . 0 CALENDAR DAYS
ADJUSTED CONTRACT TIME TO DATE . . . . . . . . . . . . . . . . . . 90 CALENDAR DAYS
APPROVED BY:
BRUCE'S GENERAL CONSTRUCTION, INC.
CITY MANAGER
RESOLUTION NO.
WHEREAS, bids were solicited for a contract to furnish all labor, materials,
equipment and supplies to provide specified improvements at Caldwood and Chaison
Parks and to prepare both sites for the installation of new playground equipment; and,
WHEREAS, Bruce's General Construction, Beaumont,Texas, submitted a bid in the
amount of $105,000; and,
WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General
Construction, Beaumont, Texas, should be accepted; and
WHEREAS, after submission of the bids, the size of the playground area was
reduced thereby requiring a deduction in the bid amount;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Bruce's General Construction, Beaumont, Texas,for a contract
to furnish all labor, materials, equipment and supplies to provide specified improvements
at Caldwood and Chaison Parks and to prepare both sites for the installation of new
playground equipment in the amount of $105,000 be accepted by the City of Beaumont.
BE IT FURTHER RESOLVED that Change Order No. 1 in the amount of$2,100 be
approved decreasing the contract amount to $102,900 due to the reduction in the size of
the playground area.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
7
March 18,2008
Consider approving the purchase of playground equipment for Caldwood Park and Chaison Park
City Council Agenda Item
mpg
TO: City Council
FROM: Kyle Hayes, City Manager
-11,0.
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider the purchase of playground equipment for
Caldwood Park and Chaison Park.
RECOMMENDATION
Administration recommends the purchase and installation of two (2) GameTime play units from
Total Recreation Products, Inc. of Cypress, Texas through the BuyBoard contract in the amount
of$60,647.11.
BACKGROUND
The purchase of the playground equipment will be made through the Texas Association of
School Boards (TASB) BuyBoard cooperative purchasing program. The Texas Local
Government Purchasing Cooperative, administered by TASB, complies with all State bidding
statutes. Membership with BuyBoard allows municipalities to purchase items from their
contracted vendors.
Total Recreation Products, Inc. of Cypress, Texas is a BuyBoard contracted vendor that will
provide identical GameTime PowerScape Plus play units at each Park over a twelve (12) inch
deep cushion layer of engineered wood fiber. Once settled, this base forms a compact layer that
will support wheelchairs, crutches, and walkers enhancing the accessibility of the new
playground equipment.
The City's contractor will make specified improvements to both Parks including the preparation
of the sites for the installation of new play ground equipment. Total Recreation Products, Inc.
will install the wood fiber base and the playground equipment.
BUDGETARY IMPACT
Funds are available in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of two (2) GameTime play units for
Caldwood Park and Chaison Park from Total Recreation Products, Inc. of Cypress, Texas,
in the amount of $60,647.11 through the Texas Association of School Boards (TASB)
BuyBoard cooperative purchasing program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -
8
March 18,2008
Consider approving a payment for emergency environmental services at 3700 Highland Avenue
.,.... City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager (lei
PREPARED BY: Laura Clark, Chief Financial Officer OD—,/
MEETING DATE: March 18, 2008
REQUESTED ACTION: Council consider payment for emergency environmental
services at 3700 Highland Avenue.
RECOMMENDATION
Administration recommends payment for emergency environmental services at 3700 Highland
Avenue in the amount of$92,731.14 to Texas Environmental Resources, Inc., of Beaumont.
BACKGROUND
On March 29, 2007, City Council condemned 3700 Highland Avenue. After condemnation, an
asbestos survey, and asbestos abatement, the demolition began on January 3, 2008. When the
demolition was complete, City staff received a complaint that the remaining soil was very black
and there was a concern that it could be contaminated. Samples were taken of the soil and silk
screening was placed around the site for extra precaution. The soil was found to be a Class 2
Non Hazardous Industrial Waste that may be accepted by municipal landfills in Texas.
Over a twelve day period, Texas Environmental Resources, Inc., excavated and transported the
material from the site to the City of Beaumont landfill for proper disposal and brought in new
dirt to fill the area.
State of Texas statutes provide an exemption to competitive bidding if the procurement is
necessary to preserve or protect public health and safety.
BUDGETARY IMPACT
Funds are available for this expenditure in the FY 2008 General Fund Budget. A lien in the
amount of the cost of demolition and environmental services will be filed against the property on
which the building was located.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the payment of $92,731.14 to Texas
Environmental Resources, Inc.of Beaumont,Texas,for emergency environmental services
at 3700 Highland Avenue.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
March, 2008.
- Mayor Becky Ames -