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Home My WebLink AboutPACKET NOV 15 2011 RICH WITH OPPARTUNF 'T O.EAUROIN* . .............. T E • X 0 A ' $ REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 15,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—November 1,2011 * Confirmation of committee appointments Jon Reaud would be reappointed to the Community Development Advisory Committee. The current term would expire September 24, 2013. (Councilmember W.L. Pate, Jr.) A) Authorize a one year contract with the Greater Beaumont Chamber of Commerce B) Authorize the settlement of the claim of John E. Boggs C) Approve Change Order No. 5 to reduce the contract amount related to the Riverfront Park Bank Stabilization Project D) Authorize the City Manager to amend its contract with the Southeast Texas Regional Planning Commission for the administration of Hurricane Ike disaster recovery funds RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following reappointment be made: Rea000intment Commission Iftinning Expkadon of Term of TM Jon Reaud Community Development Advisory 11/15/11 09/24/13 Committee PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of November, 2011. - Mayor Becky Ames - A RICH WITH OPPORTUNITY BEAUNIOK*T * a • a • A • s Clt� C C A e d3! Item TO: City Council FROM: Kyle Hayes, City Manager A PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 15, 2011 REQUESTED ACTION: Council consider authorizing a one year conmict with the Greater Beaumont Chamber of Commerce. RECOhOdENDATION Administration I : i i j mends funds the Greater Beaunw nt Chamber of Commerce$85,000 for the period January 1, 2012 through December 31, 2012. BACKGROUND The funds will be used for marker Beaumont and business ron/raeruitnent efforts. Administration is extremely pleased with the relationship between the City and the Chamber. BUDGETARY EWPACT Funds are budgeted in the General Fund. STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement, executed in duplicate, is made and enlerW into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City', acting herein by and through its duly auttwized City ManaW, and the Greater Beaumont Chamber of Commerce, a non-profit corporation, hereinafter called "Chamber", acting herein by and through its President. WHEREAS,the City believes that economicdevelopnient is crucial tothe continued economic success of City and believes that Chamber should be wed to carry out a program of work on behalf of City for the economic development of City; NOW,THEREFORE,in corhskleration of the mutual promises made herein,the City and the Chamber agree as follows: 1. City does hereby employ,engage and hire Chamber to engepe in a Cal�rehensive range of activities and projects to create jobs in Beaumont directed at economic development. The Chamber does hereby agree to accept such hiring, engagement and employment and to discharge such duties in aco irrianoe with the terms and conditions herein set forth. 2. Chamber is hired as an independent contractor and is not an agent of the City. 3. Chamber agrees to engage in a comprehensive range of activities and projects to create jobs in Beaumont. Chamber's program will be directed toward four separate aspects of job : a) retaining existing jabs; b) creating new businesses; c) expanding existing businesses; arid, d) attracting new employers. To achieve these goals, the Chamber will maw a capable paid staff with necessary expertise;recruit and organize voturteerworkers from the community;maintain contacts and relationships with primary economic deveb mlFM R dies of bath public and private offices; gather and publish necessary information and statistics for prospects; maintain and build relationships with irm ---- of existing businesses; and promote any other specific activities or projects which will contribute to an environment conducive to job growth. 4. City hereby agrees to payto Chamber during the teen of this agreement Eighty-Five Thousand Dollars ($85,000). Payments of Twenty-One Thousand Two4+jrxkW Fifty Dollars($21,250)will be made upon receipt of invoice dated in January of 2012, April 1, 2012, July 1, 2012 and October 1, 2012. Chamber agrees to expend in excess of One- Hundred-Thousand Dollars($100,000)in other Chamber funds for the purposes outlined in paragraph 3 hereof. 5. In conjunction with its annual audit, Chamber agrees to audit,on a review basis,the functional areas outlined in this agreement. Chamber agrees to provide City a copy of the report done by Chamber's certified public accountants on an annual basis. 6. The term of this agreement shall be from Jarmy 1,2012 until December 31,2012. 7. Chamber agrees to indemnify, save hwrmtess, and defend the City of Beaumont from any and aH claims, uses of action and damages of every kind arising from the operations of the Chamber, its olfoars, agents and employees, including the officers, agents and employees involved in ecornomicdevelopmentand fly including herein any and all ads of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Charmer shall carry, or cause to be carried, gereral public liability and automobile liability insurance on all operations embraced by this agreement in the amount of Five-Hundred Thousand Dollars($500,000) for each occurrence and property damage liability insurance in the amount of Twenty-Five Thousand Dollars ($25,000) for each occurrence. Said liability polk*es shall include contractual liability coverage in the same amounts as stated herein. Said insurance policies shall name the City of Bent as an additional insured. Said policies or duplicate originals thereof shall be filed with the City Clerk, or her designated representative, before any operations contemplated by this agreement are begun. EXECUTED in dupik ate ongmds ttus the day of 2011. CITY OF BEAUMONT By: City Manage ATTEST: By: City Clerk GREATER BEAUMONT CHAMBER OF COMMERCE By: Chairman of the Board ATTEST: By: October 24,2011 Kyle Hayes City Manager City of Beaumont P.O. Box 3827 801 Main Street,Suite 300 Beaumont,Texas 77704 Dear Kyle: Please accept this letter as our request to renew our contract with the City of Beaumont to provide economic development services. I am enclosing a copy of our annual report and welcome any questions or requests for additional information. We hope our efforts to create a positive business climate and market Beaumont for business development will make 2012 another productive year.The investment of Pandora Methanol, LLC is one example of a major new business success and the work we are doing to preserve jobs in the oil and gas, and related chemical manufacturing industry through the My Town Campaign will continue to be a major focus. We will pursue with Lamar University the funding to develop an innovation and commercialization center to incubate technology driven new businesses. Our small business lending programs continue to facilitate local expansions such as the new buildings for Golden Triangle Foot and Ankle Specialists and Mark Bellard, DDS. We will emphasize the good news about business through the Beaumont Business Journal and look forward to launching the first Business Development Week from April 24-28,2012 as a new way to promote entrepreneurship and businesses growth. Let uAnow if there are any improvements we need to make to support your efforts. Sincerely, James E. Rich President P O BOX 3150 BEAUMONT,TEXAS 77704 An Accred/ted Member Of the Un/ted Stales Chamber Of Commerce 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 contract with the Greater Beaumont Chamber of Commerce in the amount of$85,000 for economic development purposes effective January 1, 2012 through December 31, 2012. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of November, 2011. - Mayor Becky Ames - B RICH WITH OPPORTUNITY IA,,U N'0 N T-y-ko, IE T T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 4 ' PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: November 15,2011 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of John E. Boggs. RECOMMENDATION Administration recommends approval of a resolution authorizing the settlement of the claim of John E. Boggs in the amount of$57,000.00 and authorizing the City Manager to execute all EEOC documents related to settlement of the claim. BACKGROUND Council discussed the settlement of this claim in Executive Session on October 18,2011. The City Attorney is requesting authority to settle this claim in the amount of$57,000.00. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the sum of$57,000.00. RESOLUTION NO. WHEREAS, the claim of John E. Boggs has been discussed in an Executive Session properly called and held Tuesday, October 18 2011; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be and he is hereby authorized to settle the claim of John E. Boggs in the amount of Fifty-Seven Thousand and XX/100 Dollars ($57,000); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of November, 2011. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUMON* T • E X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: November 15, 2011 REQUESTED ACTION: Council consider approval of Change Order No. 5 to reduce the contract amount related to the Riverfront Park Bank Stabilization Project. RECOMMENDATION The Administration recommends approval of Change Order No. 5 reducing the contract amount by $21,600. BACKGROUND A contract in the amount of$3,022,510 was awarded to Russell Marine, LLC. of Channelview, TX to stabilize the Neches River bank at Riverfront Park in December 2010. Change Order No. 5 in the amount of$21,600 is a reduction in the contract amount for flowable fill material. The contract provided for 200 cubic yards of flowable fill but only 40 cubic yards were needed. BUDGETARYIMPACT The original contract amount is funded 100%by the Hurricane Ike Disaster Recovery Fund. The City is responsible for additional costs totaling$65,568.24 in excess of the original $3,022,510 contract award. RICH WITS OPPORTUNITY ZZ BEAUNU T • H • X • A o S CHANGE ORDER#5 PROJECT: Riverfront Park Bank Stabilization OWNER: City of Beaumont P.O.Box 3827 Beaumont,TX 77704 CONTRACTOR: Russell Marine LLC 16828 Market St. Channel view,TX 77530 On this the 30 day of September,2011 the foRowing change to the Coetract Docuosasts is hereby made: Item 1 Russell Marine, LLC has submitted a change order request for the reduction of flowable fill needed for the project. The change results in a$21,600 credit to the contract amount. ORIGINAL CONTRACT AMOUNT . . .......... . . . . ........ . . ........... . $3,022,510.00 AMOUNT OF PREVIOUS CHANGE ORDERS ..... ........... ..... ......... . $87,168.24 TOTAL AMOUNT OF THIS CHANGE ORDER . . . . . . . .. .... . . . . . .. .... . . .. . $(21400.00) ADJUSTED CONTRACT AMOUNT TO DATE . ..... .. . . . . . . . . . ... . . .. .. . .. $3,088,078.24 PERCENTAGE OF CHANGE-THIS CHANGE ORDER ... ... .......... . . . . . .... .(0.7%) PERCENTAGE OF CHANGE TO DATE . ............ ....................... . . . . 2.16% ADDITIONAL CONTRACT TIME-CHANGE ORDER 05 . .. .. . . ... . . . 0 CALENDAR DAYS APPROVED BY: Russell Marine,LLC City Manager City of Beaumont RESOLUTION NO. �; WHEREAS, on December 14, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-322 awarding a contract in the amount of$3,022,510.00 to Russel Marine, LLC, of Channelview, Texas, for the Riverfront Park Bank Stabilization Project; and, WHEREAS, Change Order No. 1 in the amount of $41,190.00 was required for unforeseen work due to the failure of the concrete bulkhead wall, thereby increasing the contract amount to $3,063,700.00; and, WHEREAS, Change Order No. 2 in the amount of $35,953.24 was required for removing and disposing submerged timber pilings and the replacement of a damaged 36 inch outfall pipe, thereby increasing the contract amount to $3,099,653.24; WHEREAS, Change Order No. 3 in the amount of$11,275.00 was required for the replacement of approximately 850 square feet of sidewalk, 14 linear feet of concrete cap, as well as the installation of two (2) additional bollards, thereby increasing the contract amount to $3,110,928.24; and, WHEREAS, Change Order No. 4 in the amount of($1,250.00)was required for the elimination of hydro-mulching, thereby decreasing the contract amount to$3,109,678.24; and, WHEREAS, Change Order No. 5 in the amount of($21,600.00) is required for the reduction of flowable fill material, thereby decreasing the contract amount to $3,088,078.24; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute Change Order No. 5 for additional work described above, thereby decreasing the contract amount by ($21,600.00) for a total contract amount of$3,088,078.24. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of November, 2011. - Mayor Becky Ames - D RICH WITH OPPORTUNITY 9,EA,U,,,N0N* T o Z . X o A 9 s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager Gf� PREPARED BY: Chris Boone,Community Development Director MEETING DATE: November 15,2011 REQUESTED ACTION: Council consider authorizing the City Manager to amend its contract with the Southeast Texas Regional Planning Commission for the administration of Hurricane Ike disaster recovery funds. RECOMMENDATION Administration recommends approval. BACKGROUND The Texas Department of Housing and Community Affairs awarded$17,100,000 in CDBG Disaster Program funds to the Southeast Texas Regional Planning Commission (SETRPC)to assist with the Hurricane Ike disaster recovery in Beaumont. During this program,the City has acted as a subcontractor of SETRPC to administer the applicant intake and certification process for the program. SETRPC has been responsible for the contracting and construction activities related to repairing or reconstructing the homes of qualified applicants,affected by the storm. In addition,the program has provided fiords for the demolition of vacant houses damaged by the storm as well as providing funding for administrative costs associated with the program. The purpose of this amendment is to extend the contract deadline to March 10,2012 to allow sufficient time for the processing of applications and conclusion of the program. BUDGETARY IMPACT None. Funds are available through this grant,with no required local match. AMENDMENT NO. 1 TO CONTRACT BETWEEN SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Sub-Recipient of the TDHCA CDBG Hurricane Ike Disaster Program)AND THE CITY OF BEAUMONT, SUB-CONTRACTOR The South East Texas Regional Planning Commission(SETRPC) and The City of Beaumont, do hereby contract and agree to amend the original contract by and between the parties, effective September 11, 2009, for the purposes of administration of CDBG Hurricane Ike Disaster Program(hereinafter called "Ike Program"). The parties hereto agree to amend the expiration date identified in Section 3. PERFORMANCE,of the original contract. The contract period, is hereby amended and modified to reflect a termination date of March 10, 2012. This Amendment No. 1 shall be effective September 10, 2012. Except as amended and modified by this Amendment No. 1, all terms and conditions of the Contract, as amended, shall remain in full force and effect. Any further revisions to the Contract shall be by written agreement to the parities. AGREED TO AND EXECUTED BY: South t Texas Regional Planning Commission The City of Beaumont By: By: Name: .S Q � / s Name: Title: Title: T Date: ©� �� !/ Date: CONTRACT BETWEEN SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Sub-Recipient of the TDHCA CDBG Hurricane Ike Disaster Program) AND THE CITY OF BEAUMONT, SUB-CONTRACTOR PARTIES TO THE AGREEMENT This Inter-local Agreement is made and entered into by and between South East Texas Regional Planning Commission(hereinafter called the "SETRPC")acting herein by its Executive Director duly authorized by SETRPC's executive committee,and the City of Beaumont,Jefferson County,Texas for the purposes of administration of CDBG Hurricane Ike Disaster Program(hereinafter called"Ike Program"). The parties hereto agree,by the execution hereof,that they are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. WITNESS THAT: WHEREAS,Chapter 791 of the Texas Government code,also known as the Inter-local Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services, including administrative entity fmctions normally associated with the operation of government, such as administration and management of programs designed to assist its citizens; and WHEREAS, SETRPC is the Contract Administrator for the Texas Department of Housing and Community Affairs (TDHCA) for the Community Development Block Grant(CDBG)Hurricane Ike Disaster Program that was legislated to assist individuals and families who meet one of the three national objectives(i.e. Low or Moderate Income, Urgent Need, and Slum and Blight)recover from the devastating effects of Hurricane Ike and to provide them with a home that is decent, safe and sanitary conditions; and WHEREAS,the City of Beaumont currently administers U. S.Department of Housing and Urban Development CDBG and HOME programs whose missions are to provide safe, affordable homes to low to moderate income residents; and WHEREAS,under the terms of the agreement between SETRPC and TDHCA, SETRPC must ensure that all applicable state and federal requirements are met concerning the disbursement of funds; WHEREAS,projects undertaken by the City of Beaumont pursuant to this contract must be of direct benefit to low and moderate income persons as has been determined by the parties and is established under the guidelines of the Housing and Community Development Act of 1974, as amended; Page 1 of 18 WHEREAS, SETRPC and the City of Beaumont desire to enter into this Contract for the (` purpose of fulfilling and implementing their respective public and governmental purposes as agreed to by both parties; WHEREAS, SETRPC is of the opinion that cooperation in the implementation of the programs and services to be provided by Ike Program funds will be beneficial to the citizens and the governments located in the City of Beaumont through the efficiency and potential savings to be realized; WHEREAS, SETRPC certifies that it is the designated TDHCA Contract Administrator of the Ike Program as allocated by the Texas Department of Housing and Community Affairs; WHEREAS, SETRPC certifies that it is independently authorized to enter into this Contract as a unit of local government as defined under State of Texas Local Government Code, Subtitle C., Chapter 391; and, NOW THEREFORE,the parties hereto, in consideration of the mutual covenants and conditions contained herein,promise and contract as follows: 1. STATEMENT OF RESPONSIBILITIES—Contract Administrator(SETRPC) Receiving CDBG funds designated for Disaster Assistance for Hurricane Ike, SETRPC shall have the following responsibilities as defined by: • The National Affordable Housing Act of 1990, as amended. • Notices of the Office of Community Planning and Development(CPD Notices) A. Administrative: SETRPC shall have certain legal and administrative responsibilities including,but not limited to: 1. Execute and approve all TDHCA documents necessary to request and receive funds; 2. Receive and respond to citizen inquiries; 3. Receive recommendations from Hurricane Ike CDBG Housing Advisory Committee(HIHAC); 4. Prepare and monitor budgets based on need; 5. Authorize vouchers and draw-downs for TDHCA reimbursement; 6. Disburse funds to City of Beaumont; i Page 2 of 18 7. Execute and approve all TDHCA documents necessary to submit annual compliance and performance reports; 8. Complete all reports as required by TDHCA; 9. Respond to all TDHCA inquiries; 10. Monitor and evaluate services and projects provided by the City of Beaumont; and 11. Receive and review all Multi-Family Rehabilitation and New Construction and Single-Family Rental Rehabilitation applications; B. Financial: SETRPC shall comply with fiscal accountability duties in compliance with federal regulations. These services will include,but are not limited to: 1. Prepare vouchers and draw-downs for reimbursement of Ike Program funds; 2. Prepare annual project budgets; 3. Maintain accounting requirements in accordance with applicable OMB Circulars; 4. Review City of Beaumont audits. C. Bement: Administrator will be responsible for,but are not limited to,the following activities: 1. Complete all strategic planning documents; 2. Perform Environmental Review and other compliance regulations; 3. Develop program guidelines; 4. Develop projects and activities; 5. Select and implement activities; 6. Select all contractor managers,general contractors, inspectors, and subcontractors as necessary with the exception of activities associated with the City of Beaumont's demolition allocation; 7. Maintain and provide project and program file documentation in accordance with federal requirements; i Page 3 of 18 8. Monitor and evaluate contractors receiving funds to ensure compliance with (` Program Guidelines; 9. Maintain management compliance requirements as needed to meet the Ike Program regulations; 10. Affirmatively market all properties and/or programs to eligible low or moderate-income residents as described in 24 CFR Part 570; 11. Comply with all state and federal Lead-Paint requirements, including appropriate notices, evaluations,inspections, certifications, and corrective procedures,and including those requirements described in Subparts J,M, and K of 24 CFR Part 570; and, 12. Execute all homeowner and multifamily contracts. 2. STATEMENT OF RESPONSIBILITIES—Sub-Contractor(City of Beaumont) A. City of Beaumont agrees to comply with all sections requirements of Title 24 Code of Federal Regulations, Parts 91 and 92 of the U.S. Housing and Urban Development regulations concerning the Ike Program and all federal regulations and policies issued-pursuant to these regulations. B. City of Beaumont shall provide SETRPC with a certified Cost Allocation Plan within 30 days after execution of this contractor or before first draw request, whichever one may come first. C. City of Beaumont agrees to utilize funds made available under this Contract to supplement rather than to supplant funds otherwise available. D. City of Beaumont shall collect and submit on a regular basis documentation regarding leverage funds being used in collaboration with Ike Program funds. 1. Income Eligibility for Owner-Occupied Prow=: City of Beaumont agrees to collect and maintain client data demonstrating client eligibility for services provided,including: • owner-occupied rehabilitation applications, and • owner-occupied reconstruction applications. Upon certification and eligibility of owner-occupied applications,the City of Beaumont agrees to submit a compliant file for each Ike Program beneficiary to SETRPC. l Page 4 of 18 2. Demolition: f The following will be required by SETRPC for all demolition activities: a. All requests for reimbursement for project and administrative costs must be submitted on a monthly basis. b. Copy of Environmental Clearance Notification Verify that address on both Environmental Clearance and Bid Proposal is the same for each activity. c. Copy of City Council Resolution designating properties as Slum&Blight on a spot by spot basis - Must include addresses d. Copy of Bid e. Copy of Demolition Contract - Must be signed and dated by contractor and City Official f. Form 11.04—Request for Payment Signed by the Demolition Contractor(as the Building Contractor) and signed by the Demolition Program official (as the Inspector) g. Itemized invoice from Demolition Contractor - Signed by a City Official h. Before photos - Include the name of structure being demolished and the physical location address. i. After photos - Include the name of structure being demolished and the physical location address. j. Form 7.02—Contractor and City of Beaumont Activity Report(HUB Report) Must include name, address, federal ID number or social security number of contractor and/or subcontractor and the amount of the contract or sub-contract NOTE: • All documents need to be submitted to SETRPC on 8%i x 1 I paper and folders. • City of Beaumont shall execute all demolition contracts. t Page 5 of 18 3. Records: a. City of Beaumont shall maintain records regarding applicants who are determined not eligible to receive assistance,including written and prompt notification of denial. b. City of Beaumont shall provide SETRPC and/or TDHCA with the ability to directly review,monitor, or audit the operational and financial performance or records of work performed under this Contract in accordance with OMB Circular A-87 or A-122, as applicable, 24 CFR 570.490 of the Regulations. c. City of Beaumont shall maintain fiscal records and supporting documentation for all expenditures of funds made under this Contract in a manner which conforms to OMB Circular A-87 or A-122, as applicable, 24 CFR 570.490 of the Regulations in Exhibit C, and this Contract. Such records must include data on the racial,ethnic, and gender characteristics of persons who are applicants for,participants in,or beneficiaries of the funds provided under this Contract. The City of Beaumont shall retain such records, and any supporting documentation, for the of: (i)five years after close-out of this Contract; (ii)if notified by the Department in writing,the date that the final audit is accepted with all audit issues resolved to the Department's satisfaction,or(iii) a date consistent with the i period required by other applicable laws and regulations as described in 24 CFR 570.487 and 570.488. " The City of Beaumont shall cooperate fully with any audit,review, or investigation of the CDBG Program by the Department or any state or federal body lawfully conducting any such audit, review or investigation and shall give the United States Department of Housing and Urban Development,the Inspector General,the General Accounting Department, the Auditor of the State of Texas, an Department or agency of the State of Texas, and the Department,or any of their duly authorized representatives, access to and the right to examine all books, accounts,records,reports, files, and other papers, things, or property belonging to or in use by the City pertaining to this Contract. Such rights to access shall continue as long as the records are retained by the City. The City agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act. d. All customer/client information shall be maintained in a secure and confidential manner, and the City of Beaumont agrees to comply with all local, state, and federal guidelines. Page 6 of 18 3. PERFORMANCE A. Time of Performance: 1. Services of the City of Beaumont designated herein are to commence on the September 11, 2009, and end on the latter date of the September 10, 2011,or the expiration of any extended period for the receipt of Ike Program funds. 2. The term of this Contract and the provisions herein shall be extended to cover additional time periods to run concurrently with TDHCA's disaster recovery contract with SETRPC,providing the City of Beaumont complies with this Contract and the Federal regulations governing the Ike Program. B. Performance Standards: 1. The City of Beaumont will complete the tasks in this agreement in a timely, efficient and professional manner. 2. The City of Beaumont will make monthly reports to SETRPC electronically on the 5`h of each month that contains information requested by SETRPC and TDHCA. 4. CONTRACT SUSPENSION/TERMINATION A. If the City of Beaumont shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the City of Beaumont shall violate any of the covenants, agreements, or stipulations of this Contract, SETRPC shall,upon concurrent opinion of WRAC,have the right to terminate this Contract by giving written notice to the Sub-Contractor of such termination and specifying the effective date thereof at least thirty(30)days before the effective date of such termination. B. All finished or unfinished documents, data,maps, studies,surveys,drawings, models,photographs and reports prepared by the City of Beaumont under this Contract shall, at the option of SETRPC,become the property of SETRPC. City of Beaumont shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. C. Debarm erit: Failure to adequately perform under this Contract may result in penalties including the possibility of debarment from performing additional work for TDHCA. 5. COMPENSATION A. Minimum Financial Standards Requirement: No compensation maybe paid to the j City of Beaumont until a qualified Certified Public Accountant has provided Page 7 of 18 written certification to SETRPC that the City of Beaumont is in full compliance (' with the standards set forth in OMB A-102. B. Maximum Compensation: The TDHCA Ike Program specifically limits administrative costs to ten percent(10%)the allocation. The City of Beaumont shall be reimbursed for its allowable administrative costs associated with income eligibility. C. Compensation Structure: City of Beaumont warrants and acknowledges that no other compensation will be paid for administration of the Ike Program under this Contract. D. Indirect Costs: City of Beaumont may utilize an indirect cost rate allocation if, and only if,the City of Beaumont has submitted a certified Indirect Cost Allocation Plan to its state cognizant agency. E. Payment Structure: City of Beaumont shall be reimbursed only for those items that are eligible expenses under the Ike Program and are specifically related to determining income eligibility or demolition. 6. PROGRAM INCOME A. Any program income shall be returned to the State of Texas. B. Program Income means gross income,including interest earned on Ike Program funds or received by the City of Beaumont,which is directly generated from the use of Ike Program funds. C. When program income is generated by an activity that is only partially assisted with Ike Program funds,the income shall be prorated to reflect the percentage of said funds. (The definitions to be utilized are contained in CPD Notice 97-9.). Income generated by a project which is funded with program income, is also program income. D. City of Beaumont shall report monthly all program income as defined at 24 CFR Part 570 generated by activities carried out with CDBG fimds made available under this contract. E. City of Beaumont will track and account for any program income as required by HUD and outlined in HUD CPD Notice 97-9. 7. MANAGEMENT,AUDIT,PROCUREMENT AND CLOSE-OUT A. Financial Management: It is understood by the City of Beaumont that CDBG funds are subject to the requisite CFRs and the Federal Government's Office of Management and Budget circulars (OMB Circular): Page 8 of 18 1. The general requirements for financial management systems and reporting are ( found in 24 CFR Part 84-85; 2. OMB Circular no. A-87, "Cost of Principles for State,Local,and Indian Tribal Governments"; 3. OMB Circular no. A-133, "Audits of State and Local Governments;" and 4. OMB Circular no. A-102, "Grants and cooperative agreements with state and local governments". B. Policies and Procedures: City of Beaumont must establish and use a set of written accounting policies and procedures which meet the minimum standards established by the relevant OMB Circulars for contract accounting. Standards must include adequate internal controls and maintaining necessary source documentation for all costs incurred. C. Audit: If the City of Beaumont expends $500,000 or more in Federal funds a year,the City shall have an audit conducted in accordance with the Federal Governments' OMB Circular No. A-133: 1. The audit shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and l compliance audits on funds provided under this Contract. 2. City of Beaumont shall provide SETRPC with a copy of this audit within six (6)months of the ending of the City's fiscal year(s) coinciding with this Contract. If the City of Beaumont expends less than$500,000 in Federal funds per fiscal year the City shall submit to SETRPC a copy of its annual audit within six(6) months of the close of the City's fiscal year. D. Documentation and Record-Keeping: City of Beaumont shall maintain this Inter- local Agreement and all applicant files transmitted to SETRPC for completion. E. Access to Records: At any time during normal business hours and as often as SETRPC, TDHCA or the Comptroller General of the United States may deem necessary,there shall be made available to these entities all of the City of Beaumont's records with respect to all matters covered by this Contract and the City of Beaumont shall permit said entities to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials,payrolls,records of personnel, conditions of employment, and other data relating to all matters covered by this Contract. l Page 9 of 18 F. Information on File: City of Beaumont must have on file and provide access to (` current copies of- 1. Documentation of governmental status; 2. Copy of City statutes; 3. Any license applicable to the City of Beaumont's proposed activities; 4. Listing of the current Mayor and City Council (including name, address, occupation,position on council, and tenure); 5. Current organizational chart showing management and staffing structure; 6. The City of Beaumont's written personnel(including staff and volunteers) policies; 7. The City of Beaumont's written accounting policies and procedures; and 8. The City of Beaumont's written procurement policies and procedures; G. Program Descriptions on File: City of Beaumont must have on file and provide access to current copies of work plan or administrative entity/program guidelines based on the description of the Program and Activities in Section I of this contract and which specifies: 1. The major tasks or activities to be performed under this contract; 2. Eligibility requirements for participation and procedure for verification of information related to storm damage and any assistance received by the beneficiary from FEMA, insurance, etc.; 3. How activities or tasks will be performed; 4. The measurable objectives for each task; and 5. The time frame within which the tasks will be accomplished. H. Procurement: 1. City of Beaumont shall comply with all SETRPC, City,State, and Federal policy concerning the purchase of equipment and shall maintain an inventory record of all non-expendable personal property as defined by such policies as may be procured with funds provided herein. 2. City of Beaumont shall procure materials in accordance with the Page 10 of 18 requirements of Attachment O of OMB Circular A-110,Procurement (` Standards, and shall subsequently follow Attachment N,Property Management Standards, covering utilization and disposal of property. I. Property Records: City of Beaumont shall maintain real property inventory records that clearly identify properties purchased, improved,or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the restrictions specified in Subparts E and F 24 CFR Part 570. J. Close-Outs: City of Beaumont's obligation to SETRPC shall not end until all close-out requirements are completed. 8. PERSONNEL AND PARTICIPANT CONDITIONS A. 1n ependent Contractor: Neither the City of Beaumont nor its employees are considered to be employees of SETRPC for any purpose whatsoever. The City of Beaumont is considered to be an independent contractor at all times in the performance of the scope of services described herein. 1. City of Beaumont further agrees that neither it nor its employees are entitled to any benefits from SETRPC under the provisions of the Worker's Compensation Act of the State of Texas or to any of the benefits granted to employees of SETRPC under the provisions of the Personnel Policies as now enacted or hereafter amended. 2. City of Beaumont certifies that it will establish,publish and post a statement of its policies and requirements on maintaining a drug free workplace which complies with the "Drug Free Workplace Act" (P.L. 100-690) and shall require all providers of services under this Contract to comply with Drug Free Workplace requirements of the above noted Act. B. Personnel: City of Beaumont represents that it has, or will secure, all personnel required in performing all of the services required under this Contract. Such personnel shall not be employees of or have any contractual relationships with SETRPC. 1. All the services required hereunder will be performed by the City of Beaumont or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 2. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 3. City of Beaumont shall have in its possession a documented set of personnel policies and procedures,including fringe benefits,if any, available to its Page 11 of 18 employees that have been formally adopted by its City Council. Such a ( document shall be made available for inspection and determination by the SETRPC as to its acceptability. C. Prohibited Activity: City of Beaumont is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, sectarian, or religious activities, lobbying,political patronage, and nepotism activities. D. Hatch Act: City of Beaumont agrees that no funds provided,nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. E. Compliance with Civil Rights Laws and Executive Orders: City of Beaumont will comply with the provisions of, and act in accordance with,all federal laws, rules and regulations,and Executive Orders related to equal employment opportunity, affirmative action, equal access to programs and services, and the enforcement of Civil Rights,including,but not limited to: 1. Section 3 of the Housing and Urban Development Act of 1968; 2. Sections 103 and 109 of the Housing and Community Development Act of 1974, as amended; 3. Title VI and Title VII of the Civil Rights Act of 1964,as amended; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 502, 503, 504 and 505 of the Rehabilitation Act of 1973; 6. Equal Pay Act of 1963; 7. Age Discrimination in Employment Act of 1967, as amended; 8. The Vietnam Era Veterans Readjustment Act of 1974; 9. The 1986 U. S. Immigration Reform and Control Act; 10. Americans with Disabilities Act of 1990; 11. Executive Order 11063 of 1962; and 12. Executive Order 11246 of 1965, as amended. t Page 12 of 18 F. City of Beaumont will not discriminate against any employee or applicant for ( employment because of race, color,religion, sex, age,national origin, or ancestry, physical or mental handicap,marital/familial status or disabled veteran status. G. City of Beaumont will make reasonable accommodation to the known physical or mental handicap of an otherwise qualified employee or applicant for employment. H. City of Beaumont will ensure and maintain a working environment free of sexual harassment and other unlawful forms of harassment,intimidation, and coercion in all facilities at which the City of Beaumont's employees are assigned to work. I. City of Beaumont will in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration of employment without regard to race, color,religion, sex, age, national origin or ancestry, or physical or mental handicap. J. City of Beaumont agrees to post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause. K. City of Beaumont will,in all solicitations or advertisements for employs placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. 9. GENERAL REQUIREMENTS AND CONDTIONS A. Debarment, Suspension, Ineli Nlity and Exclusion Compliance: 1. City of Beaumont certifies that it has not been debarred,suspended or otherwise found ineligible to receive funds by an agency of the executive branch of the federal government. 2. City of Beaumont agrees that should any notice of debarment, suspension, ineligibility or exclusion be received by the City,the City will notify SETRPC immediately. 3. City of Beaumont agrees to not procure or subcontract with any agency, organization, or Contractor that has been debarred, suspended,or otherwise found ineligible to receive funds by an agency of the executive branch of the federal government. B. Use of Funds for Sectarian Religious ses: City of Beaumont covenants and agrees that no funds awarded through this program will be used for sectarian religious purposes, and specifically that: L Page 13 of 18 1. There will be no religious test for admission for services; 2. There will be no requirement for attendance at religious services; 3. There will be no inquiry as to a client's religious preference or affiliation; 4. There will be no proselytizing; and 5. Services provided will be essentially secular. C. Lobbying: City of Beaumont understands that utilization of any federally appropriated funds provided the City by SETRPC pursuant hereto to influence or attempt to influence any member or employee of the Executive or Legislative branches of the federal government with respect to a covered federal action is prohibited. City of Beaumont further agrees that it shall comply with the certification and disclosure requirements of the applicable regulations. D. Publication.Reproduction and use of Materials: If this Contract results in any book,publication, video, audio, or any other copyrightable material, then the material produced with Federal funds shall be considered public domain. E. Identification of Documents: All reports,maps, and other documents completed as a part of this contract, other than documents exclusively for internal use within The City of Beaumont shall contain the following information on the front cover or title page(or in the case of maps, in an appropriate block): TDHCA Ike Program, month and year of the preparation, SETRPC and descriptive title. F. Compliance with Laws: In performing the services required hereunder,the City of Beaumont shall comply with all applicable laws,ordinances, and codes of the federal, state and local governments, including environmental protection regulations. Failure to comply with the Administrative entity Requirements shall constitute grounds for termination of this Contract. G. Insurance and Bonding: City of Beaumont shall carry sufficient insurance to protect contract assets from loss due to theft, fraud, and/or undue physical damage. H. Assign bii City of Beaumont shall not assign any interest in this Contract, and shall not transfer any interest in the same(whether by assignment or notation), without the prior written consent of SETRPC thereto. I. Conflict of Interest: 1. The City of Beaumont shall ensure that no employee, officer, or agent of the City shall participate in the selection, or in the award or administration of a subcontract supported by funds provided if a conflict of interest,real or Page 14 of 18 apparent,would be involved. Such conflict of interest would arise when: 1) (' the employee, officer, or agent; 2) any member of his or her immediate family; 3)his or her partner; or,4) any organization which employs, or is about to employ any of the above,has a financial or other interest in the firm or person selected to perform the subcontract. The City shall comply with Chapter 171, Texas Local Government Code and 24 CFR 570.489(h) of the federal regulations. 2. In all cases not governed by Subsection 1 of this Section,no persons specified in Subsection 3 of this Section who exercise or have exercised any functions or responsibilities with respect to the activities assisted under this Contract or any other CDBG contract or who are in a position to participate in a decision making process or gain inside information with regard to such activities,may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any interest in any contract,subcontract or agreement with respect thereto,or the proceeds thereunder,either for themselves or those with whom they have family or business ties during their tenure or for one year thereafter. 3. The conflict of interest provisions of Subsection 2 of this Section apply to any person who is an employee, agent, consultant, department,or elected official or appointed official of the City or of a subcontractor of the City. 4. In the procurement of supplies, equipment, construction and services by contractors,the conflict of interest provisions in 24 CFR Part 570 and OMB Circular A-110, respectively, shall apply. 5. City of Beaumont and SETRPC state to the best of their knowledge,no member of the Beaumont City Council and no other officer, employee,or agent of the City of Beaumont who exercises any function or responsibility in connection with the carrying out of the Program or the funds to which this Contract pertains,has any personal interest,direct or indirect,in this Contract. J. Affirmative Action: City of Beaumont agrees that it shall be committed to Affirmative Action principles as provided in the President's Executive Order 11246 of September 24, 1965. City of Beaumont will use its best effort to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. Page 15 of 18 1. As used in this contract, the term"minority and female business enterprise" means a business at least fifty-one(5 1)percent owned and controlled by minority group members or women. 2. For the purpose of this definition, "minority group members"are African- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,Asian-Americans, and American Indians.The City of Beaumont may rely on written representations regarding their status as minority and female business enterprises in lieu of an independent investigation. 10. LEGAL A. &e in Proposal: SETRPC has relied on all representations of the City of Beaumont in awarding this contract and the City of Beaumont warrants the accuracy of all representations in said proposal. Misrepresentation in the proposal shall be cause to terminate this contract and the City of Beaumont shall owe all amounts paid to it as liquidated damages should these amounts not be legitimate reimbursements for Ike Program eligible activities. B. TDHCA CDBG Disaster Recovery Funds Reco&Wtion: The City of Beaumont shall insure recognition of the role of TDHCA Ike Program funds in providing services through this Contract. All activities,facilities, and items utilized pursuant to this Contract shall be prominently labeled as to the funding source. In addition, the City will include a reference to the support provided herein in all publications made possible with funds made available under this Contract. C. Notifications: Any notice hand-delivered or sent by mail (with a return receipt which indicates delivery)to the addresses below shall be deemed received for any purposes arising out of the execution of this contract. For SETRPC,notices may be sent to: Shaun Davis, Executive Director South East Texas Regional Planning Commission 2210 Eastex Freeway Beaumont,TX 77703 409-899-8444 409-347-0138 (fax) D. Construction and Severabili ty: If any part of this Contract is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Contract so long as the remainder of the Contract is reasonably capable of completion. E Page 16 of 18 E. Enforcement: City of Beaumont agrees to pay to SETRPC all costs and expenses f.` including reasonable attorney's fees incurred by SETRPC in exercising any of its rights or remedies in connection with the enforcement of this Contract. F. Entire Contract: This Contract contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written. G. Amendments: The City of Beaumont or SETRPC may amend this Contract at any time provided that such amendments make specific reference to this Contract,and are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Contract,nor relieve or release the City of Beaumont or SETRPC from its obligations under this Contract. SETRPC may,in its discretion, amend this Contract to conform with federal, state, or local governmental guidelines,policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or the schedule of the activities to be undertaken as part of this Contract, such modifications will be incorporated only by written amendment signed by both the City of Beaumont and SETRPC. Further, any future change in federal regulations or federal requirements governing the use or eligibility of Ike Program funds are deemed to be immediately incorporated into this Contract and subject to the provisions herein. H. Avnlicable Law: This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Texas,the by-laws,rules and regulations of the SETRPC and the applicable regulations of the U.S.Department of Housing and Urban Development and Texas Department of Housing and Community Affairs. I. Atmmval Required: The parties hereto state that they are appropriately empowered by their respective Board/City Council to sign this Contract. This Contract shall not become effective or binding until approved by Beaumont City Council and the SETRPC Executive Committee. Page 17 of 18 APPROVED BY THE CITY OF BEAUMONT ON , 2009. and the SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ON 2009 By: Kyle Hayes Shaun P. Davis. City Manager Executive Director City of Beaumont South East Texas Regional Planning Commission Page 18 of 18 Exhibit A ( Hurricane Ike CDBG Program City of Beaumont Budget NOTE: The South East Texas Regional Planning Commission will have the following programs within the City of Beaumont: Demolition,Owner-Occupied Rehabilitation,Owner-Occupied Reconstruction, Elevation,Single Family Rental Rehabilitation, Multi-Family Rental Rehabilitation,and Multi-Family Rental New Construction. Of these programs,the City of Beaumont will only be responsible for the costs associated with Demolition Activities and the Income Eligibility portion of the Single Family Owner Occupied programs. Demolition $ 2,500,000.00 Total Project Costs $ 2,500,000.00 Demoliion Administration Costs $ 125,000.00 Housing Administration Costs $ 316,000.00 Single Family Owner Occupied Income Eligibility Total Administration Costs $ "1,000•00 l RESOLUTION NO. WHEREAS, on October 13, 2009, the City Council passed Resolution No. 09-315 authorizing the City Manager to execute a contract with Southeast Texas Regional Planning Commission for administration of Hurricane Ike recovery funds in the amount of $2,941,000 provided by the Texas Department of Housing and Community Affairs CDBG Disaster Program; and, WHEREAS, an amendment to the contract with Southeast Texas Regional Planning Commission is required to extend the contract deadline to March 10, 2012 for the purpose of allowing sufficient time for the processing of applications and conclusion of the program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute an amendment to the contract with Southeast Texas Regional Planning Commission to extend the contract deadline to March 10, 2012 for the purpose of allowing sufficient time for the processing of applications and conclusion of the program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of November, 2011. - Mayor Becky Ames- Nice WITH OPPORTGNITY BEAUIM101K* T * 9 * # A r 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 15, 2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing a Release of Lease for property located at 3040 College Street that is leased by the Texas National Guard Armory Board PUBLIC HEARING * Receive comments related to the readoption of the Juvenile Curfew Ordinance 2. Consider readopting the Juvenile Curfew Ordinance PUBLIC HEARING * Receive comments related to a proposed ordinance allowing participation in the Texas Enterprise Zone Program,designating a liaison and nominating ExxonMobil Oil Corporation as an Enterprise Zone Project 3. Consider an ordinance allowing participation in the Texas Enterprise Zone Program, designating a liaison and nominating ExxonMobil Oil Corporation as an Enterprise Zone Project COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Hugh John Tarver v. City of Beaumont; Cause No. A-188, 912 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 November 15,2011 Consider authorizing a Release of Lease for property located at 3040 College Street that is leased by the Texas National Guard Armory Board RICH WITH OPPORTUNITY ft BEAIU,MUN* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: November 15, 2011 REQUESTED ACTION: Council consider authorizing a Release of Lease for the property located at 3040 College Street leased by the Texas National Guard Armory Board. RECOMMENDATION Administration recommends approval. BACKGROUND The Adjutant General's Department of the State of Texas has leased the property at 3040 College Street since 1960 when the City leased the land and the Texas Military Forces constructed improvements. The National Guard is currently utilizing the building and the local artillery battalion is being moved to a newly constructed facility in Northwest Houston in accordance with the Base Realignment and Closure Act of 2005. The process of moving is expected to be complete within 90 days. The current lease term ends November 15, 2011 but will be extended until December 31, 2011 to allow ample time for the move. BUDGETARYIMPACT None. The City will reclaim the property and improvements for its use. RESOLUTION NO. WHEREAS on November 15, 1984 the City of Beaumont, State of Texas(Lessor),did lease to the Texas National Guard Armory Board (Lessee), a body politic and corporate, a tract or parcel of land situated in the City of Beaumont, Jefferson County, Texas 2.5 acres, more or less,and located at 3040 College Street in Beaumont,Jefferson County,Texas;and, WHEREAS said lease was for a term ending November 15,2011, and granted to Lessee the exclusive use of the property; and, WHEREAS the Adjutant General's Department, as successor to the Texas National Guard Armory Board, has determined that the property is in excess of its needs and has released the subject property NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council accepts the release of the property held by the Texas National Guard Armory Board/Texas Military Facilities Commission under lease from the City of Beaumont; and, BE IF FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Release of Lease with Texas National Guard Armory Board for property located at 3040 College Street. The release is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of November, 2011. - Mayor Becky Ames - RELEASE OF LEASE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § WHEREAS on November 15, 1984 the CITY OF BEAUMONT,State of Texas(Lessor),did lease to the TEXAS NATIONAL GUARD ARMORY BOARD(Lessee),a body politic and corporate,a tract or parcel of land situated in the City of Beaumont,Jefferson County,Texas 2.5 acres, more or less, and more particularly described as follows: BEGINNING at the southwest corner of a certain 6.1601 acre tract leased by the City of Beaumont,Texas to the United States of America supplemental agreement No. 1 to Lease DA-41-243-Eng-613,same being dated December 11, 1951; THENCE north 000 02' east along the west line of said above mentioned 6.1601 acre tract 315.75 feet to corner; THENCE south 89°59'west 344.89 feet to corner; THENCE south 000 02'west 315.75 feet to corner;said point being 50 feet north of the present north line of College Street; THENCE north 890 59' east along a line parallel with and 50 feet distant from the present north line of College Street 344.89 feet to the place of BEGINNING. I i WHEREAS said lease was for a term ending November 15,2011,and granted to Lessee the exclusive use of the property; and WHEREAS the name of the Texas National Guard Armory Board was changed to the TEXAS MILITARY FACILITIES COMMISSION in 1997 by the 75th Legislature;and WHEREAS the Texas Military Facilities Commission was merged into the ADJUTANT GENERAL'S .-DEPARTMENT in 2007 by the 80th..Le¢islature rand............................- ......................._..._._............_.._....._.........__._................._........__._._.. .... ......_..__...... WHEREAS the Adjutant General's Department as successor has determined that the property is in excess of its needs and has released the subject property. NOW THEREFORE for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00) and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged the ADJUTANT GENERAL'S DEPARTMENT,GRANTOR, whose address is 2200 W. 35th Street, Bldg. 1,Austin,Texas 78703 does hereby release,transfer,assign, deliver,and EXHIBIT"A" quitclaim unto the CITY OF BEAUMONT,GRANTEE,whose address is 801 Main Street,Ste 315, Beaumont,Texas 77701 all of Grantor's right,title, and interest in and to the property. Executed on the day of_ . 2011. ADJUTANT GENERAL'S DEPARTMENT BY: A. Duane Wadd€ll, Executive Director STATE OF TEXAS § COUNTY OF TRAVIS § This Instrument was acknowledged before me on the day of 2011 by A. Duane Waddill, Executive Director,Adjutant General's Department of the State of Texas. Notary Public,State of Texas .............--_—_...--._... . ..........._...__... -— -- ---........ . .-........... ----- - ...........------ ......._......._—.... -------..--.-._._..... ....__..---._......... .... ..—. -., I PUBLIC EAR- ING * Receive comments related to the readoption of the Juvenile Curfew Ordinance 2 November 15,2011 Consider readopting the Juvenile Curfew Ordinance RICH WITH OPPORTUNITY T E g A • S BEAUNON* City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager bp — Singletary, Chief of Police James Sin le PREPARED BY: g MEETING DATE: November 15, 2011 REQUESTED ACTION: Receive a report relating to the City's Juvenile Curfew Ordinance. Conduct public hearing to receive comments relating to the readoption of the Juvenile Curfew Ordinance. Lastly, Council consider readopting the Juvenile Curfew Ordinance. RECOMMENDATION Administration recommends approval. BACKGROUND Texas Local Government Code 370.002 requires that a home-rule municipality which has adopted a juvenile curfew ordinance periodically review the ordinance and its effect on the community and identify any problems with the ordinance or problems the ordinance was intended to remedy. The statute also provides for abolishing, continuing, or modifying the ordinance. In July 1994 following public review,the City Council adopted Ordinance No. 94-34 which created a new Chapter 9 establishing a curfew for minors. In 1995 Ordinance 95-37 was adopted which modified the curfew hours for minors. In July 2001, following public review, Ordinance 01-056 was passed, which reestablished the curfew for minors. In 2005 Ordinance 05-093 was adopted to continue a Juvenile Curfew Ordinance. In 2008 Ordinance 08-111 was adopted to continue a Juvenile Curfew Ordinance. The Curfew Ordinance has been extensively reviewed by the Police Department and determined to be effective in regard to promoting the safety and well being of the city's youngest citizens (persons under the age of 17), fostering and strengthening parental responsibility for children , decreasing truancy in the Beaumont Independent School District, and serving to promote the general welfare and protection of the public through the reduction of juvenile violence and crime within the city. Renewal of the Juvenile Curfew Ordinance would provide a tool to the community, school district, and city to continue the beneficial aspects of a curfew ordinance. BUDGETARYIMPACT None. r Juvenile Curfew Ordinance Statistical Information 01/01/2009--year to date Major Crime (all ages) occurring between 12 a.m. and 6:00 a.m. Assault: 1272 Sexual Assault: 56 Robbery: 53 Current Ordinance Period 08-111, 10/24/2008— 10/31/2011 Curfew Citations- 171 Juvenile Custody Warning Notices—410 Ordinance Period 05-093, 10/28/2006 - 10/24/2008 Curfew Citations—237 Juvenile Custody Warning Notices- 147 Period from 01/01/2011- 10/31/2011 Curfew Citations—35 Juvenile Custody Warning Notices— 124 ORDINANCE NO. ENTITLED AN ORDINANCE REVIEWING AND READOPTING ARTICLE 12.03 OF THE CODE OF ORDINANCES ESTABLISHING A CURFEW FOR MINORS; ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A PENALTY CLAUSE; CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Texas Local Government Code Section 370.002 requires the City Council to conduct a public hearing on the need to continue a Juvenile Curfew Ordinance; and, WHEREAS,the City Council has reviewed the ordinance's effects on the community and on the problems the ordinance was intended to remedy; and, WHEREAS, the City Council is of the opinion that sufficient need exists to continue the Juvenile Curfew Ordinance within the City of Beaumont, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT Article 12.03 of the Code of Ordinances of the City of Beaumont is hereby readopted to read as follows: Sec. 12.03.001 Purpose. The purpose of this ordinance is to: (1) Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the city; (2) Promote the safety and well-being of the city's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and, (3) Foster and strengthen parental responsibility for children. Sec. 12.003.002 Definitions. Curfew hours for minors: Sunday 11:00 p.m. to 6:00 a.m. Monday 11:00 p.m. to 6:00 a.m. Tuesday 11:00 p.m. to 6:00 a.m. Wednesday 11:00 p.m. to 6:00 a.m. Thursday 11:00 p.m. to 6:00 a.m. Friday 12:00 a.m. to 6:00 a.m. Saturday 12:00 a.m. to 6:00 a.m. Emergency.• An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. Establishment Any privately-owned or leased place of business or leased public facility operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Guardian: A person who: (1) Under court order, is the guardian of the person of a minor; or (2) Is a public or private agency with whom a minor has been placed by a court. Minor. Any person under seventeen (17)years of age who has not been emancipated by court order pursuant to Chapter 31 of the Texas Family Code. Operator. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Parent A person who is: (1) A person who is a minor's biological,adoptive,or step-parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement); (2) A person who is the biological or adoptive parent with whom a minor regularly resides; (3) A person judicially appointed as a legal guardian of the minor; and/or, (4) A person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in part(s)(a), (b) or©of this definition, above,for the person to assume the care or physical custody of the child, or as indicated by any other circumstances). Public place: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks, streets, highways,the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. Remain: (1) Linger or stay at or upon a place (premises); or (2) Fail to leave the place/premises when requested to do so by a police officer or the owner, operator, or other person in control of the place/premises. Serious bodily injury: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Sec. 12.03.003 Offenses. (a) It shall be unlawful for any minor to knowingly remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors. (b) A parent or guardian of a minor commits an offense if he or she knowingly permits, encourages, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors. (c) The owner, operator, or any employee of any private establishment or the lessee of any public facility commits an offense if he or she knowingly permits, allows, or encourages a minor to remain in or upon the premises of the establishment during curfew hours for minors. (d) It shall be unlawful for any person (including any minor) to give a false name, address, date of birth, or telephone number to any officer investigating a possible violation of this section. Sec. 12.03.004 Defenses. (a) It is a defense to prosecution under offenses that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destinations) and the hours the minor is authorized to be engaged in the errand; (4) In a motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (6) Involved in a case of"reasonable necessity"after parental notification of the police; (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (9) Attending an official school,religious,or other recreational activity supervised by adults and sponsored by, the City of Beaumont, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning home from the same, without any detour or stop; (10) Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; or, (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (b) It is a defense to prosecution under section 12.03.003(c)that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Sec. 12.03.005 School age to be in school. (a) Compulsory school age to be in attendance at school; parental duties imposed. (1) No minor between the ages of six(6) and sixteen (16), inclusive, other than a minor that has been suspended or expelled from school, shall be at any place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m. during any official school day, unless the minor has written proof from school authorities excusing him or her from attending school at that particular time, or unless the minor is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the minor. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from behaving contrary to subsection (a)(1) of this section. No person shall fail to fulfill the duty imposed by the section. (3) Any person who violates subsection (a)(2)of this section is guilty of failing to supervise a minor of compulsory school age. (b) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16), inclusive, is suspended or expelled from school, then each parent or legal guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any establishment or public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances found in section 12.03.004 hereof. (c) No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection (b) of this section. (d) No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any establishment or public place at the times that he or she would have been required to be in attendance at school or employment had he or she not been suspended or expelled, except in the circumstances described in section 12.03.004 hereof. Sec. 12.03.006 Penalties. (a) It shall be unlawful to intentionally,knowingly,recklessly,or with criminal negligence violate this section. Such violation shall be a Class C misdemeanor punishable by a fine not to exceed five hundred dollars ($500). (b) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. (c) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates section 12.03.003(x) and shall refer the minor to juvenile court. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of November, 2011. - Mayor Becky Ames - PUBLIC HEARING * Receive comments related to a proposed ordinance allowing participation in the Texas Enterprise Zone Program, designating a liaison and nominating ExxonMobil Oil Corporation as an Enterprise Zone Project 3 November 15,2011 Consider an ordinance allowing participation in the Texas Enterprise Zone Program, designating a liaison and nominating ExxonMobil Oil Corporation as an Enterprise Zone Project SICK WITS OPPORTUNITY BEAUW* T 0 Z • X 0 A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Chris Boone,Community Development Director MEETING DATE: November 15,2011 REQUESTED ACTION: Council conduct a Public Hearing to consider an ordinance allowing participation in the Texas Enterprise Zone Program,designating a liaison and nominating ExxonMobil Oil Corporation as an Enterprise Zone Project. RECOMMENDATION Administration recommends approval. BACKGROUND Chapter 2303 of the Texas Government Code provides for the Texas Enterprise Zone Program as an economic development tool for cities to partner with the State of Texas to Promote job creation and capital investment in economically distressed areas. If awarded,companies are eligible for State sales and use tax refunds on qualified expenditures for up to five years,with no cost to the local jurisdiction. The amount of the refimd is based upon a formula related to the amount of capital investment and the number of jobs created or retained. In addition,the company agrees to hire a minimum of 35%of their new employees from within economically disadvantaged areas. Confirmation of this requirement will be the responsibility of the company and the Texas Comptroller's office. The Community Development Director of the City will serve as the required liaison between the City,the Enterprise Zone Project and the State for Enterprise Zone Projects. Applications are reviewed on a quarterly basis by the Economic Development Bank of the Governor's Economic Development and Tourism office. This current nomination involves a"triple jumbo"project by ExxonMobil Oil Corporation and is outlined in the attached document. The"triple jumbo"status refers to a project capital investment of $250,000,000 or more and a potential maximum refund amount of$3,750,000 for the creation or retention of at least five hundred(500)jobs. BUDGETARYIMPACT None. Exwn MobM CarporMon Carol L PSON 4600 Dam^Room 3156 Tax RapoMV&And C~ Hoiskon,T=w 71 713.431-2943 TilWhons 282-313.17x9 Facsnnls Nommber 10, 2011 fionvrelble Becky Ames City of Beaumont P.O. Box 3827 Beaumont,Texas 777043827 Dear NWyor Ames: VV*ale pleased to present the following relam t inkwrnalion mprired by Chapter 2303 of the Tons Goverriment Code for your ---'ierstlon and norrlindlon of the ExxonMof�it Of Corporation CEMOC-) y bcalled In Beaumont as a #vM juaft End Project CEP")for job retention benefits. Since 1903, EIMOG has been a part of the BsWAWnt aornrrwrdty. Over the last 108 Vows, E MOC has made significant dents in tedMwbgy and imptrw site r'to at the Bssxlrnont refinery in order to produce a vAde range of products to rrA* to world's energy denwx1 s. More mm*, Compsllliveness with overseas supplies and changkV cormuffm rsquironvuft call for reduced plant enemy oonsua nptbn and the evolft sUP* of pis. These dernards lead to further invesiriwft In technology, machinery and equipment f+or the Beaumart Refinery. Over the nwd severed years, EMOC expects to inved an eetirraled $250 million on machinery and equipment upgrades at the Beaumont Reirmy. Furttw, the additional inwe i 1-, *will help retain an estimated 1,100 existing pernww t jobs at the rallnery. In scoordance wtih the requirernerds of the Texas End P*w Zone (M Prom, EMOC expects to mablain its eeieling kwW of ernpioyrnsnt and retain 500 ft"m jabs for benefit under thp EZ proWw. These jabs mod the de0nition of a Nalsk job" in Texas Government Code section 2303.101(2)becauaoe they oumsntiy esiet, PMVWe and will continue to provide at least 1,820 hours of empiaymerM annually, and will be employment positions for the longer of the duration of the projsds desiV ibn period or three years after the expiration date of the claim period for receipt of stale benefit. Section 2303.408(a)(4XD) of the Texas Gommiment Code allows a projsd or ac&Ay of a quaNied business to be designated as an EP and rsosh a job reieMbn benefits if To business has clearly denuxatlra ed that the business is able to employ individuals in i Honaalble BeOky Ames November 10, 2011 Page 2 of 2 acoordanoe with Section 2303.402." EMOC qualilles for job retention battens under this army provision become EWC is an Equal tppwrlu* Employ►ar aid the ccxrW y has a track record of hirtt Wnp *orn the am around the cp aiiiled side in Beaumont which irx*xies many ownsus block gr+oaps with Over 20% poverty. EMOC UAPni to hiring 35% eonrwrrtkaety dieadrrarttaiped individuals or zoft residenis for tihe fiat time jobs identified under the Entstprise Zone program in accordance with Section 2303.402. As you know, EMOC is a very adim and supportive corporele ddm in Beaumont. V% have made hand continue to make signihc&t oorhtriutivns to am otrgovisattiona and institutions. VMe look forward to the investment at our Beaumont Retthery and the opportunity to continue our mutually supportive r WMOr Whip with the City of Beaumont, the State of Texas hard the Saatlhe d Texas community for yeass to carte. If you have any questions,piesse contact Eric Geis w, at 713455-7200. , MER ORDINANCE NO. ENTITLED AN ORDINANCE ALLOWING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES, AND NOMINATING EXXONMOBIL OIL CORPORATION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK(BANK) AS A TRIPLE JUMBO ENTERPRISE ZONE PROJECT (PROJECT). WHEREAS, the City of Beaumont endeavors to create the proper economic and social environment to induce the investment of private resources in productive business enterprises located in severely distressed areas of the city and to provide employment to residents of such area; and, WHEREAS, the project or activity is not located in an area designated as an enterprise zone; and, WHEREAS, pursuant to the Texas Government Code, Chapter 2303, Subchapter F of the Act, ExxonMobii Oil Corporation has applied to the City for designation as a triple jumbo enterprise project; and, WHEREAS,the City Council finds that ExxonMobil Oil Corporation meets the criteria for tax relief and other incentives adopted by the City on the grounds that it will be located at the qualified business site, will create a higher level of employment, economic activity and stability; and, WHEREAS, a public hearing to consider this ordinance was held by the City Council on November 15, 2011; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted, and Section 2. The City nominates ExxonMobil Oil Corporation for triple jumbo enterprise project status. Section 3. The following local incentives, at the election of the governing body, are or will be made available to the nominated project or activity of the qualified business: a) The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the City of Beaumont Tax Abatement Policy and with qualified employee being defined by the Act. In addition,the City may enter into an industrial district contract which provides for in-lieu-of tax payments to the City at a reduced amount. b) The City may provide regulatory relief to businesses, including: 1) Exemptions from unnecessary building code requirements,development fees, or inspection fees; or 2) Exemptions from zoning, subdivision review and other land use regulatory controls; or 3) Streamlined permitting. c) The City may provide enhanced municipal services to businesses, including: 1) Enhanced police and fire protection; 2) Institution of community crime prevention programs; or 3) Special public transportation routes or reduced fares. d) The City may provide improvements in community facilities including: 1) Capital improvements in water and sewer facilities; 2) Road repair and enhancement; or 3) Creation or improvement of parks. e) The City may provide business and industrial development services, including: 1) Low-interest loans for business; 2) Use of underutilized publicly owned facilities as small business incubators; 3) Use of special one-stop permitting and problem resolution centers or ombudsmen; or 4) Promotion and marketing services. f) The City may provide improvements to housing, including: 1) Low-interest loans for housing rehabilitation, improvement, or new construction; or 2) Transfer of abandoned houses,owned by the City,to community housing organizations. g) The City may provide job training and employment services to businesses, including: 1) Literacy and employment skills programs; 2) Cooperation with our local Workforce Development Board, Lamar University and Lamar Institute of Technology in efforts for job training. Section 4. The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312. Section 5. The City of Beaumont directs and designates it Community Development Director as the City's liaison to communicate and negotiate with the EDT through the Bank and enterprise project(s) and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project. Section 6. The City finds that the ExxonMobil Oil Corporation meets the criteria for designation as an enterprise project under Texas Government Code Chapter, 2303, Subchapter F of the Act on the following grounds: a) ExxonMobil Oil Corporation is a"qualified business" under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body's jurisdiction, located outside of an enterprise zone and at least thirty-five percent(35%)of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; and b) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; and c) The designation of ExxonMobil Oil Corporation as a triple jumbo enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area. Section 7. The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate five years from that date. Section 8. That all ordinance or parts of ordinance in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 15th day of November, 2011. - Mayor Becky Ames -