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T * R * X 0 A * B
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL.CIIAM$EBS DECEMBER 139 2011 1:30 PAL
CONSENT AGENDA
* Approval of minutes—December 6,2011
* Confirmation of committee appointments
A) Authorize the Beaumont Convention&Visitors Bureau to apply for grant funds from the
Jefferson County Tourism Commission for the cost of an outdoor billboard
B) Authorize the City Manager to execute all documents necessary,specifically including a
contract,in order to accept grant funding from the National Highway Safety
Administration provided through the Texas Department of Transportation for impaired
driving enforcemgnt and education
C) Approve a resolution denying the request of Firefighter F. Mark Craigen to approve the
accumulation of vacation leave from 2011 to 2012
D) Authorize the City Manager to execute all documents necessary,specifically including a
License Agreement,in order for the Beaumont Police Deportment to continue to maintain
a Police Substation at Parkdale Mall
A
RICH WITH OPPORTUNITY
REAUNDN�*
T • 13 • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dean Conwell, Executive Director
MEETING DATE: December 13, 2011
REQUESTED ACTION: Consider authorizing the Beaumont Convention& Visitors
Bureau to apply for grant monies from Jefferson County
Tourism Commission for the cost of an outdoor billboard.
RECOMMENDATION
Administration recommends approval for the Beaumont Convention & Visitors Bureau to apply
for grant monies from the Jefferson County Tourism Commission, through the Jefferson County
Hotel Occupancy tax, in the amount of$19,200 to be used for the cost of an outdoor billboard.
BACKGROUND
The Beaumont Convention&Visitors Bureau has partnered with Jefferson County on various
tourism-related projects in an effort to generate more leisure business to the area. The Beaumont
Convention&Visitors Bureau would like to enter in to a one-year advertising agreement with
Sign Ad Outdoor Advertising Company for a billboard located in Baytown, TX along Interstate
10. The billboard encourages travelers to stop at the Ben J. Rogers Regional Visitors Center,
giving the staff an opportunity to recommend restaurants, hotels and attractions to the visitors
that may entice them to stay awhile. Research shows in a 24-hour period, 50,000 cars pass the
location of the billboard headed east. With the assistance of the Jefferson County funds,the
billboard will be used to attract those traveling through our area, in an effort to increase the city's
economy.
BUDGETARYIMPACT
None.
Revised 12-08
APPLICATION FOR USE OF JEFFERSON COUNTY
HOTEL OCCUPANCY TAX FUNDS
(FOR ADVERTISING AND PROMOTION FUNDIN G)
Thank you for your interest in promoting tourism and the hotel industry in Jefferson
County through the utilization of county Hotel Occupancy Tax(HOT) funds. The use is
HOT funds is regulated by law(Tax code 352-1033),which limits the use of those funds
for the direct enhancement and promotion of tourism AND the convention and hotel
industry. To determine eligibility,the following section of this tag code which
pertains to advertising/promotion must apply to your application. "Advertise and
conduct solicitations and promotional programs to attract tourists and conventions
delegates or registrants to the county or its vicinity,any of which may be conducted
by the county or through contracts with persons or organizations selected by the
county. In addition, a county that borders the Gulf of Mexico and that is authorized to
impose the tax by Section 352.002(a)(6)may use 50%or less of the revenue from the tax
for the promotion of tourism.
I. CRITERIA
A. General Information
1. Name of Organization City of Beaumont - Convention & Visitors Bureau
2. What specifically is being marketed or promoted? I.e. facility, event, etc.
Ben J Rogers Regional Visitors Center
3. Total Amount of Funds Requested by this Grant? $19,200
4. Date of Event if applicable. Please ensure that you are requesting funds
far enough in advance to be able to accomplish the goals for which you
are requesting funds.
1 year contract: 1/1/2012 through 12/31/2012
5. Which hoteUs have you negotiated a special rate if this funding request is
being used for an event? Please list hoteUs(do not list rates).
n/a - The purpose of these funds are to drive visitors to
the Visitors Center.
1
Revised 12-08
II.VISITOR IMPACT
A. Provide numbers for the following:
1. Total visitors/participant: previous year 38840
expected this year 40000
2. Visitors/participants who indicated they stayed or will stay in a Jefferson
County hotel:
previous year 720
expected this year l000
M.FUNDING RECAP
1. Total advertising/promotion budget: $1 s o,o o o
a. What is your organization's direct contribution to the above?
$19,2000 in 2011
b. What other sources of funding are being applied to for the
advertising/promotion of your organization?
None.
2. Provide a specific line item accounting description of exact use of
funds being requested. Total should match amount being requested.
(If more space is needed, please use attachments.)
Amount Line Item
$19,200 Cost of annual billboard contract
$19,200 TOTAL
2
Revised 12-08
IV.MARKETING PLANS
A. Hov,will your organization enhance the promotion of tourism AND the convention
/hotel industry in Jefferson County?
Since the billboard was leased 2 years ago, attendance to the visitors
center has increased significantly. with additional visitors to the
center, there's been an increase in travelers visiting attractions
and staying in hotels in Jefferson County.
B. What media will be used in your advertising and promotion? Please provide a
detailed list of the media to be used,i.e.Houston Chronicle,KHOU,Southern
Living,etc.
Billboard - directing travelers on 5-10 to stop at the Ben J Rogers
Regional Visitors Center.
By signing this application,I,individually and on behalf of my organization,represent
and agree that:
1. J have full authority to execute this application on behalf of myself,group,
and organization;
2. Any funds allocated out of Hotel Occupancy Tax monies will be used solely
in the manner set forth in the award letter;
3. T and my organization will,within 60 days following the date of my/our
project/event,provide a complete and detailed accounting to the Jefferson
County Tourism Commission,c/o Kathi Hughes,in such form as may be
provided/requested;
4. Failure to provide the report within 60 days and/or to use the allocated monies
j solely for the purposes for which such funds were awarded shall render me
and my group/organization liable for reimbursement to Jefferson County of all
such funds,plus reasonable court costs and attorney fees.
Date 12/05/2011
Name of Person Completing Form RM conwell
Signature
Title xecutive Director
Phone Number 409-880-3749
Federal Tax ID 74-6000278
Address 505 willow Street Beaumont, TX 77701
E-mail dconwelleci.beaumont.tx.us
3
Revised 12-08
Return Form to: Kathi Weathington Hughes
Ben J. Rogers Regional Visitors Center
5055 IH-10 South
Beaumont, Texas 77705
Please submit a W-9 Form with application. Questions in regard to the application
should be forwarded to Mrs. Kathi Hughes at 409-842-0500 or 866-432-8951.
SPECIAL NOTE: Grants of hotel occupancy tax revenues may statutorily be used only
for the promotion of tourism. Expenditure of funds for unauthorized purposes may result
in recapture and/or enter into funding decisions in future funding cycles.
4
SIGN
AD OUTDOOR ADVERTISING CONTRACT
156689 R
OUTDOOR
P.O.BOX 8626 With: CITY OF BEAUMONT /03/11
HOUSTON,TEXAS 77249
(713)861-6013 s. P.O. BOX 3827
BEAUMONT, TX 77704-0000
v 1600 000-0797-00
30880.1 RH/EB 14x48 One $1,600.00
11.249 I-10E/E of SH 146/Baytown VIN3CZ Net
-Extended illumination from Midnight to Sun ise is includ d in the m onthly rate.
-ALL NIGHT FIGHTING IS INCLUDED.
11�HE�EiN
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The undersigned hereby authorlse S NAQ LTO.to point and execute from designs mutually agoresd upon,an advertising display on
spec es located se per lit above,(which are now and slum remain under SIGIII LTD.ownership and/or control)and upon conditions
stated above;said display to be maintained
for a period of TWELVE Mr3NTES BEGINNING 1/1/2012 ENDING 12/31/2012
For value received, CITY OF BEAUMONT
hereby promise to pay to the order of SIGNAD, LTD.. in Houston, Harris County, Texas, their successors, or assigns, the sum of
Nineteen Thousand Two Hundred & No/100 *******x********************************* ******* Dollars
($ 19,200.00 )in month installments of$ 1,600.00 b Mni on the eve
tY a9 ng rage date of the connpiedon of the painting
of the selected deplays;we further agree to pay for any displays not painted by reason of failure on our part to furnish or approve copy
Within fifteen(15)days after the date of this contract.
SION AD r:orONRATM ❑
nirrrI PARTNEaa V. ❑
aiDINDUAI: ❑
SALESMAN: Stacy Zaycocl: CLIENT: CITY OF BEAUMONT
APPROVED: TITLE: BY: TITLE:
GU RANTOR:
Design:
FURNISHED: ❑
APPRMD: ❑
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funds in
an amount up to $19,200 from the Jefferson County Tourism Commission through the
Jefferson County Hotel Occupancy Tax to be used by the Beaumont Convention and
Visitors Bureau for the cost of an outdoor billboard.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2011.
- Mayor Becky Ames -
B
RICK WITH OPPORTIIHITT
BEA
T • Z • X A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: December 13, 2011
REQUESTED ACTION: Council consider authorizing the City Manager to
execute all documents necessary, specifically
including a contract, in order to accept grant funding
from the National Highway Safety Administration
provided through the Texas Department of
Transportation for impaired driving enforcement and
education.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The City of Beaumont was identified as one having at least three alcohol related fatalities during
2008. That, combined with the City's population put the Beaumont Police Department on the list
of agencies TXDOT has offered assistance to aid in the enforcement and education of impaired
driving. The grant will assist the department in conducting DWI enforcement waves during the
holiday periods to increase DWI arrests and earn media activity as part of the statewide"Drink.
Drive. Go to Jail"campaign and in conjunction with the National Impaired Driving Mobilization
campaign.
BUDGETARYIMPACT
The total amount awarded is $13,203.04 with $9,822.60 eligible for reimbursement. The
remaining $3,380.44 to be matched by the City. V 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 all documents
necessary, specifically including a contract, to assist the Beaumont Police Department in
conducting DWI enforcement waves during holiday periods, in order to receive grant
funding in an amount up to $13,203.04 from the National Highway Traffic Safety
Administration provided through the Texas Department of Transportation for impaired
driving enforcement and education.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2011.
- Mayor Becky Ames -
RICH WITS OPPORTUNITY
BEAUMON* City Council Agenda Item
T • E • X • A • 3
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: December 13,2011
REQUESTED ACTION: Council consider a resolution denying the request of
Firefighter F. Mark Craigen to approve the accumulation of
vacation leave from 2011 to 2012.
RECOMMENDATION
Administration recommends denial of the request of Firefighter F. Mark Craigen to carry over
vacation leave from 2011 to 2012.
BACKGROUND
Firefighter F. Mark Craigen has requested to be allowed to carry over vacation leave accumulated
in the year 2011 to be used in 2012 because he is out on extended sick leave due to a medical
condition.
The Collective Bargaining Agreement between the City and the IAFF Local 399 does not make
any exception for the carry over of accrued vacation leave. The Agreement at XIII, Section 2
states in part:
"All vacation time earned in a calendar year must be taken in the
following calendar year."
The Texas Local Government Code at Section 143.046(c), gives to the City Council the ability to
approve the accumulation of vacation leave from year to year for Firefighters and Police Officers.
In light of the fact that Firefighter F. Mark Craigen was out on sick leave with full compensation,
and adequate sick leave to cover his absence,the Administration is of the opinion that the carry
over of accrued vacation time from 2011 to 2012 is not merited. The Administration would
recommend the denial of the request.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, the City of Beaumont and the International Association of Firefighters,
Local 399 (hereinafter "IAFF 399"), entered into a Collective Bargaining Agreement
effective February 13, 2008; and
WHEREAS, Article X111, Section 2, addresses vacation leave, how it is earned and
how it is to be scheduled and taken; and
WHEREAS, the Collective Bargaining Agreement, Article XIII, Section 2, does not
allow exceptions as to the absolute no vacation carryover provision; and
WHEREAS,Local Government Code,Section 143.046(c),gives to the municipality's
governing body the ability to approve the accumulation of vacation leave from year to year;
and
WHEREAS, neither the Beaumont City Manager nor the Beaumont Fire Chief have
been authorized to grant exceptions to Article XIII, Section 2, to allow the carryover of
vacation leave from year to year; and
WHEREAS, any past exceptions made to such provision were unauthorized in that
they were not in compliance with the Collective Bargaining Agreement or Local
Government Code, Section 143.046(c); and
WHEREAS, the City Council for the City of Beaumont does not intend to amend the
Collective Bargaining Agreement except as provided for by Article XXXII I; and
WHEREAS, the City Council has considered the request of Firefighter F. Mark
Craigen to carryover vacation leave from one year to a subsequent year and is of the
opinion that it would not be in the best interest of the citizens of Beaumont to grant the
request and, therefore, the request should be denied;
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 request of Firefighter F. Mark Craigen to carryover vacation leave to a
subsequent year be and it is hereby denied; and,
THAT the meeting at which this resolution was approved was, in all things,
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2011.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
B E A UN U"'h N*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: December 13, 2011
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute all documents necessary, specifically including a
Licence Agreement, in order for the Beaumont Police
Department to continue to maintain a Police Substation at
Parkdale Mall.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute all documents necessary to
continue the Police Substation at Parkdale Mall.
BACKGROUND
The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately
seventeen(17)years. Attached is the License Agreement from Parkdale Mall.
BUDGETARYIMPACT
The total fee is one dollar($1.00).
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute all documents necessary to
continue a License Agreement between the City of Beaumont and Parkdale Mall CMBS,
LLC,by CBL&Associates Management, Inc.,forthe Police Substation located at Parkdale
Mall. The agreement 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 13th day of
December, 2011.
- Mayor Becky Ames -
i.IC�CF.AC;RF.F.htF.NT
Revised: 12/31/2009
Project ID# 100_451
Deal Type: Inline Lease ID:
Unit: H-848
Aoree=nt Tune: Renewal
THIS LICENSE is made this day of .20_by and between„PARKi)ALU
MALL CMBS_r_i C by CBL&Associates Management Inc.,its managing agent,("Licensor")and GTof
Re—mQnt,a(n)C=mmment incorporated in the state of-=having offices at 225 Cotleu_ Beaun,r„+r
TX 77701 Attw K*Haans_Phone: 409-880-3801 Fax:409480-3844_("Licensee' .
It is understood and agreed that this Agreement is,and is intended to he a License,granting the
Licensee permission to engage in certain acts upon the Licensee's premises, subject to the terms,
conditions and limitations set forth herein. Licensor does not grant Licensee any permanent interest in
Licensor's premises,land,building or other realty whatsoever,nor shall any other relationship between the
parties,including,but not limited to that of landlord and tenant be implied or created by virtue of this
Agreement. The License granted by this Agreement may not be sold,assigned,transferred,mortgaged,
pledged or transferred by Licensee.
In consideration of the agreements set forth herein the parties agree:
1. jjgnse Area; Licensee's rights,duties and obligations under this Agreement shall be limited
to the specific area containing approximately 799.88 square feet of floor area,as identified on Exhibit A,
attached hereto and made a part hereof(`license Area'), ;n P rkrlale h stt m+mont, TYL (The
"Shopping Center)located at 6155 Eastex Freeway,Suite 200,Beaumont,TX 77706-6797(Payment
remittance address: PARSDALE MALT.CMBS,LLC, P.O.Boot 74942,Cleveland,OH 44194-
4942). Licensee shall have no right to use any other area of Ucensor's premises,other than common
areas open to the general public.
2. jam; Licensee's rights under this Agreement shall commence on the earlier of (a)
10/1!2011 or(b)the day Licensee opens(the"Commencement Date',and shall end onsf 30/2012(the
"Expiration Date', unless the license referenced in this Agreement is revoked earlier by Licensor.
Licensor shall not be liable to Licensee in damages or otherwise for any delay in the Commencement
Date,regardless of cause.
"Licensor or Licensee may revoke this License Agreement at any time,with or without cause,
and with sixty(60)days advance written notice.
3. Uic The License Area shall be occupied and used by the Licensee as approved by mall
management solely for the purpose of use of AnaWseni Op= H-84g) as a notice denastreeet
substation for shift chs"=,art zdsk ,nhmre worir,etc. 31L====sly not he used as a
jdL and for no other purpose whatsoever.
Licensee shall store and/or stock in the License Area only such merchandise as Licermee is
permitted to offer for sale in the License Area pursuant to this License. Licensee shall not violate
applicable federal,state,and local laws prohibiting the sale or display of products,which infringe on the
trademarks or copyrights of others.
4. D/B/A licensee shall occupy and use the license Area under the trade name of City of
Beaumont which shall not be changed without Licensor's prior written consent.
5. FCCa: Licensee shall pay Licensor,without notice,demand or setoff,at the property office or
such other location as Licensor may specify,by certified check or money order an or before the start
date of this a¢reetnenL and on the first day of each month thereafter:
Unit Start pate Ead.l= Ens Total Fee
()Minimum Fee(s): H-848 10/1/2011 10/1/2011 $1.00 $1.00
In addition to the Total Minimum Fee set forth above,Licensee shall pay to Licensor,the following fees
in accordance with the schedule set forth below:
Additional
1
EXHIBIT"A"
I
6. JJwuSLDcVgaJL licensee deposits herewith the sum of:0.00
unless otherwise noted_ rived).as a damage deposit which shall be applied towards fees and other
charges due under this Agreement and as a surety for the performance by Licensee of the terms of this
License under which Licensee may be in default or for any sum which Licensor may expend by reason
of Licensee's default in respect of any of the tears of this License including any damages which may
result to the License Area Within thirty(30)days after the expiration of the tern[of this license there
shall be an accounting with payment to Licensor or reimbursement to Licensee,as the case may be,of
the aforesaid sum. In the event this License is terminated, the damage deposit will be returned to
Licensee after deducting any sums due Licensor.
"Grass at essel
of noneemplisnee.
Saks!6eensee shall delivet to lieeftset,by 4199 p.m.en the Mend"falleving eselt ealender
weelt dweaghett!the teen,a!6eenser2s bminess Reel of an
Gress Sales and fe enues with sales vegifiestion,siped by 6eensee. if 16e he 6eense
Area far less thea ene week 6eensee shall delivet b9 6ftMef Ottell WEift—P11 90-10-Mm—PMO Of—Mh'A q4 9861 IMA
reventme with sales verification signed by 6eensee an the last day ai 6eessee's iseetilsoney ef4w-bieenft
Are*: if 6eensee does tie!delivet soeh statement an time,6eensee&W pay 6eenser issimedistely armt
4%e tetast n
esseise tast an swh sties which is both added 15 die selling ptice wA paid to the iss"S saedweii,by lieemee
�mt no!by any vendw of Lieensee). A sole shall deemed be be mak in the 6eense Area if my arde
or elsewhere or if-,persuant ta mail,lelegesot;telephone or other similar means,arders are reeeived a
Red at
Pereentoge Fee
9. $ckmdan;_.Licenaor reserves the right to move,relocate,adjust or substitute the License Area,
in Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as to be
least disruptive to licensee's business operations.
10. $GmcajQn-The License granted by virtue of this Agreement may be revoked by Licensor,in
Licensor's sole discretion for any reason, including, but not limited to the Specific Grounds for
Revocation as set forth in Paragraph 14 hereof,upon not less than twenty-four (24) hours notice to
Licensee. Licensee shall not be entitled to reimbursement or compensation for any purported damages
or losses sustained as the result of any such revocation by Licensor.
11.
Ages: &neh inrmanee shall be sit* linti! eaver of net less dian One Nfillie
($4~9.09) Pollan. 1jeemee shall also envy W ttien lmarnsee in the statioary
Licensee will provide"Self Insured"It to Licensor.
W. JvAawmiM Sewing ea dte date Useassee fitst ases at aemlsies dw 6eeme Aft*;Ueemee shag
13. Liability of licensor. Licensor shall not be responsible or liable for, and Licensee hereby
expressly waives,all claims against licensor for injury to persons or damage to Licensee's property on the
License Area,regardless of the cause. Licensee's property in the License Area or the Shopping Center
shall be there at Licensee's sole risk. Licensor,in agents,and employees shall not be Gable for,and
Licensee waives,all claims for loss or damage to Licensee's business or damage to person or property
2
sustained by Licensee or any person claiming by,through or under Licensee resulting from any accident
or occurrence in,on,or about the license Area or any other part of the Shopping Center,including,
without limitation, claims for loss, theft, or damage resulting from (1) equipment or appurtenances
becoming out of repair,(n)injury done or occasioned by wind or weather,(iii)any defect in or failure to
operate,for whatever reason,any sprinkler,heating,or air-conditioning equipment,electric wiring or the
installation thereof,gas,water,or steam pipes,stairs,porches,railings,or walks;(rv)broken glass;(v)the
backing up of nay sewer pipe or downspout; (vi) the bursting,leaking, or running of any tank, rub,
washstand,water closet,waste pipe,drain,or other pipe;(vu) the escape of steam or water,(viii)water,
snow,or ice being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks,
or any other place upon or near the Shopping Center,(rx)the falling of any fixture,plaster,tile,stucco,or
other material;(x)any act,omission,or negligence of other licensees or any other persons or occupants of
the Shopping Center or of adjoining or contiguous buildings,of owners of adjacent or contiguous property,
or the public,or by operations in the construction of any private,public,or quati-public work;or(xi)any
other cause of any nature. To the maximum extent permitted by law,Licensee agrees to use and occupy
the license Area,and to use such other portions of the Shopping Center as Licensee is herein given the
right to use,at License's own risk.
14. : If, (a) Licensee fails to perform any of the terms,
conditions,or covenants of this License;or(b)in the event there shall be filed by,or against,Licensee in
any court pursuant to any statute,either of the United States or any State,a petition n in bankruptcy,(ii)
alleging insolvency, (rte) reorganization, (iv) appointment of a receiver, (v) any arrangement of the
bankruptcy acts,or a similar type of proceeding;or(c)Licensee fails to pay,when due,any payment
required hereunder,or(d)Licensee abandons or vacates the License Area;or(e)in the event of any other
default by Licensee;then in any such event Licensee's rights hereunder shall cease and,Licensor may at
its option(1)have the right to immediately revoke and terminate this License,and upon demand Licensee
agrees to immediately surrender possession of the license Area to the licensor,(2)make demand for
immediate payment of all current and future rent and any other monetary obligations due hereunder,(3)re-
enter the License Area and remove all persons and/or any property therefrom,by any suitable action or
proceeding at law. All rights and remedies of licensor herein or at law and in equity are cumulative. If
Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licensor's rights
hereunder,Licensee will reimburse Licensor for reasonable attomey's fees and court costs. With respect
to any litigation arising out of this License Agreement,Licensee hereby expressly waives the right to a trial
by jury and the right to file noncompulsory countersuit or crossclaim against Licensor.
15. Upon service of the notice required by above Paragraph 10,
Licensee shall:(a)remove all of Licemee's property,including,but not limited to inventory and trade
fixtures from Licenso's premises within the time period set forth in the notice; (b)upon demand of
Licensor,pay all current and future charges due under this Agreement;(c)reimburse Licensor for all
reasonable attorney fees and court costs incurred as the result of licensor enforcing its rights under this
Agreement. Licenso's rights and remedies under this Agreement are cumulative and L.icensor's failure to
assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same.
16. Dmam. This License shall be revoked automatically if any portion of the License Area
is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against
Licensor as a result of damage due to fire or any other peal.
17. jjwwiz There shall be no personal liability of licensor with respect to this License. If
a breach by Licensor occurs,Licensee shall look solely to the equity of licensor in the Shopping Center
for the satisfaction of Licensee's remedies.
18. Visions, Licensor is or may be a party to certain documents,as amended from time to
time,with a mortgagee or beneficiary of Licensor,department stores,mall tenants, and others. This
License is subject and subordinate to all the provisions in those documents,as amended from time to time.
19. This License contains all the covenants, promises, agreements,
conditions, and understandings between Licensor and Licensee. There are no other, either oral or
written,between them other than those set forth in this License.
20. Ohli . .slim Upon the Expiration Date of this Agreement,Licensee shall
immediately remove all of Licensee's property,including,but not limited to inventory and trade fixtures
from Licenso's premises and otherwise retum the License Area to the same condition as it existed at the
Commencement Date hereof. If License shall fail to do so,Licensor shall be entitled to additional fives
equivalent to one hundred twenty-five percent(125%)of the total Minimum Fee specified in Paragraph 5
hereof,assessed in daily increments as one-thirtieth(1/30)of the total monthly amount License shall
also reimburse Licensor for any court costs and reasonable attorney fees incurred as the result of
Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof.
21. Liability of licensor. The term "Licensor" means only the owner or mortgagee in
possession for the time being of the building in which the License Area is located or the owner of a
leasehold interest in said building and/or the land thereunder so that in the event of sale of said building
and/or an assignment of this License by licensor,and/or a demise of said building and/or the land,
Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it
shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or
3
lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all
obligations of licensor hereunder.
It is specifically understood and agreed that there shall be no personal liability of licensor(nor
Licensor's agent,if any)in respect to any of the covenants,conditions,or provisions of this Agreement;in
the event of a breach or default by Licensor of any of its obligations hereunder,Licensee shall look solely
to the equity of the Licensor in the Shopping Cen ter for the satisfaction of licensee's remedies.
In addition hereto,it is specifically understood and agreed that Licensor's rights,privileges,
duties, and obligations may be administered by Licensor's designee, including, but not limited to,
Licensor's agent,and that such designee shall have the full authority of Licensor hereunder to perform all
of Licenser's functions hereunder including,but not limited to,the execution of this license and any
other related documentation.
22. Non-Waiver Provision: The failure of licensor to insist upon performance of any
of the terms,conditions,and covenants hereof shall not be deemed to be a waiver of any tights or remedies
that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms,
conditions,and covenants herein contained.
23. BIUv10gPO1CaS This Agreement may not be modified in any manner other than by a
written agreement signed by Licensee and licensor,or any successor,designee,or assignee of Licensor.
The terms,conditions and covenants set forth herein shall inure to the benefit of and be binding upon
Licensee and licensor,or any successor,designee or assignee of Licensor.
24. All costs and expenses (including permits or licenses)
attributable to the construction of the License Area by Licensee shall be home by Licensee. licensee
shall not commence construction of the License Area without first obtaining Licensor's approval of the
location and design,nor prior to the execution of this License. Design criteria for the construction of the
License Area are:
a. The kiosk/pushcart structure shall be limited to counter units with no overhead
obstructions that inhibit the visibility of tenants,licensees or other occupants in the
Shopping Center. Counter units shall not exceed 48"in height
b. The kiosk/pushcart structure,if located in an open floor area,shall not be anchored into
the floor or other part of the Shopping Center structure. An area width of no less than
twelve feet (127) minimum shall be maintained on all sides of the kiosk/pushcart
subject to traffic flow.
C. Water service and special HVAC Systems are not available. Hearing,venting,and Fire
Protection Systems shall be that which is provided to common areas in the Shopping
Center.
d. Design criteria for all signs to be utilized at die License Area,kiosk/pushcart size,
construction,finish materials,and special equipment shall be evaluated specifically for
each individual licensee. Licensee shall submit plans for Licenser's review and
approval prior to construction and shall include pictures of any existing units of
Licensee's.
C. Licensee shall prepare in plans and perform all work to comply with all applicable
governing statutes,ordinances,regulations,codes,and insurance rating boards,and shall
apply for all necessary pewits. Licensee's approval of licensee's plans shall not
relieve Licensee of its obligation to complete the development in accordance with this
license,nor does it relieve licensee from complying with laws,rules,regulations,and
requirements of local governing authorities. Certificates of occupancy and waivers of
lien from Licensee's contractor,all subcontractors and material men shall be filed with
Licensor upon completion of work.
E Set up and tear down of kiosks/pushcarts shall take place when the Shopping Center is
not open for business,unless Licensor has agreed otherwise in writing. For in-line
space,set up may take place during mall hours,as long as it does not interfere in any
manner,including noise or dust,with mall business and the comfort of the patrons. A
black drape or equivalent,provided by Licensee,must be covering the entire storefront,
as to keep the interior design concealed until ready for business.
25. P.tmiits; If there are any licenses, authorizations, or permits required by any governmental
agency or authority for the type of activity to be carried on at or for the use of the license Area,Licensee
shall be responsible for obtaining such. No unlawful activities shall be permitted in the use of the License
Area. The consumption or sale of alcoholic beverages on or from the license Area shall not be permitted.
26. Visual McwJ1andiWn& Licensee shall comply with the visual merchandising standards of
Licensor. Licensee understands and agrees to implement visual merchandising recommendations of
Licensor and change visual merchandising presentation as requested by Licensor.
4
I
27. ;-licensee shall observe all Operating Rules for the Shopping Center
and Licensee's occupancy therein which Licensor may promulgate from time to time,including but not
limited to:
a. Licensee shall use and occupy the License Area in a careful,safe and proper
manner and shall keep the license Area in a clean and safe condition in accordance
with this License,local ordinances,and the directions of public officers.
b. All signage located in and upon the License Area shall be approved by
Licensor prior to installation or placement All signs,placards,banners,pennants,
or other advertising matter shall be prepared in a professional manner and in no
event shall be handwritten. licensee shall display an approved sign depicting its
approved trade name.
Sign Criteria Signs are to be furnished and installed by Licensee and
approved by an agent for Licensor. licensee's sign contractor
or architect must submit a black and white rendering(specifying
PMS colors)of Licensee's sign prior to approval. Licensee's
sign shall be located within the limits of Licensee's storefront
and shall not project more than 8"beyond the storefront if the
Shopping Center is an enclosed mad, and not more than 12"
beyond the storefront if the Shopping Center is a strip center.
Sign Size:
Malls:
Up to 30'storefront: Capitals 18"
Lower Case 12"
30'-1"and greater. Capitals 24"
Lower Case 18"
Strip Centers:
Up to 30'storefront Capitals 24"
Lower Case 18"
30-1"and greater. Capitals 30"
Lower Case 24"
The length of Licensee's sign shall be limited to 70% of licensee's
storefront
C. licensee shall not display merchandise on or outside the boundaries of the
kiosk/pushcart structure. The outside areas immediately adjoining the License Area
shall be kept clear at all times by licensee,and licenser shall not place nor permit
any obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas.
d. All loading and unloading of goods shall be done only at such times,in the
areas,and through the entrances designated for that purpose by licensor.
C. All garbage and refuse shall be kept in the kind of container specified by
Licensor,and shall be placed and prepared for collection in the manner and at the
times and places specified by Licensor. If licensor shall provide or designate a
service for picking up refuse and garbage,Licensee shall use same at Licensee's
cost Licensee shall pay the cost of removal of any of licensee's refuse and
garbage,and maintain all common loading areas in a clean manner satisfactory to
the Licensor. Licensee shall use any trash compactor Licensor provides for the
general use of Licensee or licensees in a designated area of the Shopping Center.
Notwithstanding the foregoing provision,if Licensee qualifies as a generator of
medical waste,then Licensee shall be solely responsible for causing compliance
with all federal, state and local laws,whether existing now or established in the
future, relating in any way to the storage, containment, treatment, transfer,
transportation and disposal of medical waste(including the use of licensed medical
waste management companies),and shall hold Licensor harmless for Licensee's
noncompliance or violations thereof For purposes hereof;"medical waste"means
any solid,semisolid or liquid waste,which is generated in the diagnosis,treatment
(e.g.,provisions of medical services)or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing of biologicals.
"Generator" means any person or entity whose act or process produces medical
waste as herenmbefore defined.
f. No loudspeakers,televisions,phonographs,cd players,DVD players,cassette
players,radios,Hashing lights,or other devices shall be used in a manner so as to be
heard or seen outside of the License Area. No electronic or communication devices
shall be used in the License Area or in connection therewith which interrupt or
interfere with the use and enjoyment of electronic or communication devices of
5
other occupants of the Shopping Center or of the neighborhood in which the
Shopping Center is located.
g. licensee shall not conduct or permit any fire, bankruptcy, relocation,
liquidation,retirement,moving,auction,or"going out of business"ask (whether
real or fictitious)in the license Area,or utilize any unethical method of business
operation. Licensee shall not use the license Area as a clearance, outlet or
wholesale center.
h. Licensee shall not carry on any trade or occupation or operate any instrument
or equipment,which emits an odor or causes a noise discernible outside of the
License Area
I. Licensee shall not distribute any handbills or other advertising matter in the
Shopping Center or on automobiles parked in the parking areas of the Shopping
Center.
j. licensee and licensee's employees shall not park their can in those portions
of the panting area designated for customer parking by Licensor. If licensee or
licensee's employees'park in portions of the parking area designated for customer
packing,Licensor may,in addition to its other remedies,have such cars removed at
Licensee's expense.
k. Licensee and Licensee's employees shall maintain a neat and appropriate
appearance and dress,and are expected to operate in a dignified,ethical,manner.
1. Licensee shall display its customer sales return policy.
m. licensee shall not permit loitering at the License Area.
n. Licensee shall famish licensor with emergency telephone numbers and a
forwarding address.
o. Due to the lack of on-site storage facilities,acquisition of outside storage shall
be licensee's responsibility.
P. Licensee shall be solely responsible for policing its location against theft,loss,
or damage to in kiosk/pushcart and/or merchandise. Under no circumstance shall
Licensor be held liable for such theft,loss,or damage.
28. CO AML Licensee shall at all times during its occupancy of the License Area
provide sufficient supervision and maintain adequate control of its employees,guests,and invitees.
29. $CM93ML. Licensee shall at the Expiration Date or earlier revocation of this
license remove its goods and effects,repair any damage caused by such removal,and peaceably yield up
die License Area dean and in good order,repair, and condition. Personal property of Licensee not
removed within two(2)days of such Expiration Date or earlier revocation shall become the property of
Licensor,at Licensor's option without liability to Licensee therefore.
30. Licensee shall not harm the license Area,commit waste,
create nuisance,make any use of the license Area which is offensive in Licensor's sole opinion,nor do
say act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or
additions to the license Area,nor permit the making of holes in the walls,partitions,ceilings,or floors,nor
permit the painting or placing of exterior signs,placards,or other advertising media,banners,pennants,
awnings, aerials, antennas,or the like in or on the license Area,without the prior written consent of
Licensor which may be withheld in Licensor's sole discretion. licensee shall comply with all laws,
ordinances,orders,and regulations affecting the use or occupancy of the License Area.Licensee shall not
violate applicable federal and state laws prohibiting the sale or display of products,which infringe on the
trademarks or copyrights of others.
31. Condition of T 1cense Area, licensee has inspected the License Area,and accepts it"as
is"with no representation or warranty by licensor regarding the condition of the license Area or its
suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the License Area
unless the obligation is set forth in this License.
32. Hanks of erasion: The license Area shall remain open for business at all times
designated by licensor. Licensee shall operate in the entire License Area continuously and
uninterruptedly while this license is in effect,and in a first class manner.
33. Licensee shall not cause or permit any hazardous material to be
brought upon,stored,kept,used,or discharged on or about the license Area.
34. Access to license Area: Licensor may enter the License Area at any time.
6
35. Licensee shall maintain, at its sok cost and expense, the
License Area in good condition and make all necessary replacements and repairs to the license Area except
for structural repairs. In addition to all other remedies of licensor,if licensee does not complete its
obligations to repair and maintain the License Area,or if Licensor,in the exercise of its sole discretion,
determines that emergency repairs are necessary,or repairs or replacement of any portion of the License
Area or the Shopping Center are made necessary by any act,omission,or negligence of Licensee or its
agents,employees,contractors,or assignees,then in any such event,Licensor may make such repairs,
maintenance,or replacements without liability to Licensee for any loss or damage that may accrue to
licensee,its merchandise,fixtures,or other property,or to licensee's business by reason of such repair,
maintenance,or replacement Upon completion of any such repair,maintenance,or replacement Licensee
shall pay upon demand, as additional fees,Licensor's costs for making such repairs,maintenance,or
replacements together with Licersor's administrative costs related thereto which amount shall equal 1.5
times the total cost of the repair,maintenance,or replacement Furthermore,licensee shall immediately
notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent to the
License Area.
37. Licensee hereby represents and warrants
to Licensor that Licensee is not,and shall not become,a person or entity with whom Licensor is restricted
from doing business with under regulations of the Office of Foreign Asset Control C'OFAC) of the
Department of the Treasury(including,but not limited to,those named on OFAC's Specially Designated
and Blocked Persons list)or under any statute,executive order(including,but not limited to,the September
24,2001,Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit,
Threaten to Commit,or Support Terrorism),or other governmental action and is not and shall not engage
in any dealings or transaction or be otherwise associated with such persons or entitles.
IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first above
written,each acknowledging receipt of an executed copy hereof.
LICENSOR
p R T.F.b AiI, . TIE bvCBL&
Associates Man,gCMCnt Inc ligCy,1
By:
Print Name: Kett i nn®omen
Its:Authorized Sigoa Ttv
Date:
LICENSEE:
CilgofBemmont
74-%000278
By:
Print N meo Ky Hans
Its:
Date,
7
sign W11TIN *VIP
MAIL
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 13,2011 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a contract for the purchase of sodium hydroxide for use by the
Water Utilities Department
2. Consider approving the renewal of an annual maintenance agreement for SunGard
Public Sector software support
3. Consider approving Change Order No. 4 for the Calder Avenue Drainage and
Improvement-Phase III Project
4. Consider approving a contract for installation of an automated code enforcement
tracking software system
5. Consider authorizing the suspension of the effective date of Entergy Texas,Inc.'s
proposed rate increase to April 2,2012
6. Consider approving amendments to a contract with the Comptroller of Public
Accounts related to the State Energy Conservation Office Stimulus Program
PUBLIC HEARING
* Receive comments related to amending an ordinance allowing participation in the
Texas Enterprise Zone Program,designating a liaison and nominating
ExxonMobil Oil Corporation as an Enterprise Zone Project
7. Consider adopting an amended ordinance allowing participation in the Texas
Enterprise Zone Program,designating a liaison and nominating ExxonMobil Oil
Corporation as an Enterprise Zone Project
WORKSESSION
* Review and discuss a proposed project with GGI Energy Inc.
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:
Mark Ramirez v. City of Beaumont; Cause No. A-189,384
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
December 13,2011
Consider approving a contract for the purchase of sodium hydroxide for use by the Water
Utilities Department
i
RICH WITH OPPORTUNITY
or - NO*
BEAU
T • $ • z * A • s City Couneg Mends Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: December 13, 2011
REQUESTED AM ON: Council consider authorizing the award of a contract for the
purchase of Sodium Hydroxide.
RECOBIMEWDATION
The Administration recommends the award of a six(6)month contract to Ahivia, Inc., of
Houston, in the estimated amount of$285,500.
BACKGROUND
Formal bids were requested fi-om five(5)vendors,for a six(6)month contract to supply Sodium
Hydroxide. Six(6)bids were received. Low bid of$285,500 was submitted by Ahivia,Inc.,of
Houston. This ruts an approximate twelve p (12'•)increase over the last contract.
There are no local vendors who supply this commodity. Altivia, Inc., currently holds this
contract.
Sodium Hydroxide is used by the Water Utilities Department to purify the City's water fly.
The Water Utilities Department expects to purchase approximately five-hundred(500)dry tons
of this material during the term of the contract.
BUDGETARY IMPACT
Funds are available for this a qxM Lure in the Water Utilities Department's operating budget.
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RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
Sodium Hydroxide for use by the Water Utilities Department; and,
WHEREAS,Altivia Corporation,of Houston,Texas,submitted a bid for an estimated
total expenditure of$285,500 in the unit amounts shown below:
VENDOR UNIT PRICE PER ESTIMATED COST
DRY TON 500 DRY TONS
Altivia, Inc. $571.00 $285,500.00
Houston, TX
and,
WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation
of Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bid submitted by Altivia Corporation, Houston, Texas, for a six (6) month
contract for the purchase of Sodium Hydroxide in the unit prices shown above for an
estimated total expenditure of$285,500 be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Altivia, Inc. for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2011.
- Mayor Becky Ames -
2
December 13,2011
Consider approving the renewal of an annual maintenance agreement for SunGard Public Sector
software support
RICH WITH OPPORTUNITY
UnN
BEAUmmu *
T • 19 • g • A 0 s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak
MEETING DATE: December 13, 2011
REQUESTED ACTION: Council consider approving the renewal of an annual
maintenance agreement for SunGard Public Sector software
support.
RECOMMENDATION
The Administration recommends payment of an invoice to SunGard Public Sector for the
renewal of an annual maintenance agreement for Police, Fire, and EMS public safety software
support in the amount of$233,102.20.
BACKGROUND
SunGard Public Sector software is used by the Police,Fire, and EMS Departments. This
purchase is exempt from competitive bidding since it is available from only one (1) source
having exclusive rights to modify and maintain the software. The software maintenance
agreement provides twenty-four/seven unlimited telephone support for 911 dispatching;
Monday-Friday, 8-5 support for mobile computers, electronic field reporting, and all records
management applications, and provides annual software upgrades.
This agreement is for an annual period beginning January 2012 and includes the following
applications.
Software Applications Contract Amount
OSSI Computer Aided Dispatching with Mapping $58,005.00
OSSI Roster Module $1,170.00
OSSI Firehouse Records Interface $990.00
OSSI EMS Interface to Zoll Patient Billing $1,350.00
OSSI CAD Resource Monitor $10,800.00
Records Management $53,554.00
Accident Module $5,928.00
Training Module $3,040.00
Mobile Dispatching and Field Reporting $58,011.20
Automatic Vehicle Locator System $14,484.00
Integrated State Message Switch $10,674.00
Police 2 Citizen $2,000.00
Evidence Notification with bar coding $2,556.00
Gang Module $1,200.00
Quartermaster Module $1,040.00
Animal Services and K9 $2,230.00
Custom Interfaces $6,070.00
Total $233,102.20
BUDGETARY IMPACT
The maintenance contract is budgeted in the General Fund.
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 pay an invoice in the amount
of $233,102.20 to SunGard Public Sector for the renewal of an annual maintenance
agreement for Police, Fire and EMS public safety software support beginning January,
2012.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2011.
- Mayor Becky Ames -
3
December 13,2011
Consider approving Change Order No. 4 for the Calder Avenue Drainage and
Improvement-Phase III Project
RICH WITH OPPORTUNITY
BEAUM,DK*
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: December 13, 2011
REQUESTED ACTION: Council consider a resolution approving Change Order No.
4 for the Calder Avenue Drainage and Improvement—Phase
III Project.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
City Council approved a contract with Brystar Construction Resources, Inc. in the amount of
$9,879,522.15 on June 29,2010. The project includes the installation of storm sewer box culverts,
water and sanitary sewer lines, concrete pavement, brick paver sidewalk and traffic signals on
Calder Avenue between IH-10 and Phelan Boulevard.
Change Order No. 4 reduces the contract by$188,276.85 and includes the following changes:
1. Approximately 400 feet of sewer line at West Lucas and Calder was directional drilled
in lieu of open cutting the existing concrete pavement to reduce traffic obstructions on
West Lucas.
2. Structural items such as a two foot retaining wall with footer and brick fence post were
added to adjacent properties with dramatic grade differences on Calder Avenue.
3. Replacing pavement stripe at Calder Avenue and IH-10 and reducing the quantity of
trees on Calder Avenue.
Change Orders No. 1,2 and 3 were approved in the amount of$173,475.30 for drainage,water and
sanitary sewer adjustments throughout the project which increased the total contract amount to
$10,052,997.45. The proposed Change Order No. 4 will reduce the contract to $9,864,720.60
BUDGETARYIMPACT
Funds are available in the Capital Program.
CITY OF BEAUMONT
DATE: December 6,2011
PROJECT: Calder Avenue Drainage and Pavement Improvement Project
OWNER: City of Beaumont
CONTRACTOR: Reytec Construction Resources Inc.
CHANGE ORDER NO.: 04
Wr ,f
Change Order No.4 is for all cost associated with the items to resolve tree,tree grate&pit,sidewalk and retaining wall adjustments and sanitary sewer line adjustments
to resolve conflicts.
Item item I Description Unit Original Nev Quandty Unit Amount
No. Code Quantity Quantity Di femnee Price
423 002 RETAINING WALL(12'-24'EXPOSED AREAXW/FOOTER) SF 0.00 1000.00 1000.00 $28.00 $28,000.
450 002 BRICK COLUMN(W!STRUCTURAL SUPPORT)(12'SO) EA 0.00 24.00 24.00 $1,250.00 $30,000.00
465 016 BRICK PLUG EXISTING RCP SW CORNER W.LUCAS EA 0.00 1.00 1.00 $201.25 $201.25
530 002 DRIVEWAYS(CONC EXPOSED AGGREGATE) Sy 0.00 70.00 70.00 $69.00 $4,930.00
666 022 REFL PAV MRK TY I(WX )(DOTx100MIL) LF OAI 70.00 70.00 $2.301 $161.00
666 023 REFL PAV MRKTYII(Wx8'xDOTK10oMIL) LF 0.001 70.00 70.00 $1.15 $80.5
677 001 ELIM EXT REFL PAV MRKS&MRKS(4') LF 0.00 3000.00 3000.00 $0.50 $1,500.00
677 002 ELIM EXT REFL PAV MRKS&MRKS(8-) LF 0.00 300.00 300.00 $1.00 $300.00
2505 86 SAN SEWER MODIFY(ENCASE SLIP LINE WISTAB SKFL) LF 0.00 300.00 300.00 $16.67 55,001.00 _
8'HOPE OR PVC Solid Wall Pipe SDR-17 sanitary sewer,bTAsh and Install
2505 87 by open cut complete in place,including a9 excavation,embedment and LF 0.00 280.00 280.00 $85.00 $23,800.00
back88,all in strict accordance with plans and specifications
8000 001 ITREE GRATE&TREE PIT(48'SQUARE) EA 179.00 0.00 -179.00 $1,200.001 4214,800.00
8000 002 TREE(INSTALLED) EA 191.00 0.00 -191.00 $1,000.00 -5191,000.00
8000 003 TREE GRATE INSTALLATION&TREE PIT(48'SQUARE) EA 0.00 70,00 70.00 $888.88 $62,221.60
8000 004 TREE CREPE MYRTLE EA 0,00 70.00 70.00 $877.54 $61,427.8
(NATCHEZ)(W HITE)(30GAL)(SINGLE)(INSTALLED)
ADD TOTAL AMOUNT -SiS8 76.85
ORIGINAL CONTRACT AMOUNT: $9,879,522.15
NET FROM PREVIOUS CHANGE ORDERS NO.1,2&3: $10,052,997.45
TOTAL AMOUNT OF THIS CHANGE ORDER: 4188,276.85
PERCENT OF THIS CHANGE ORDER -1.91%
TOTAL PERCENT CHANGE ORDER TO DATE: -0.15%
NEW CONTRACTAMOUNT: - - $9,864,720.60
:' :l1At1 1�) Qly'lF IEJIt 13Yi'F#IGH # .......................:......................:......................
.............11+ ...................:......................................................:....-........................................................
...........................
ACCEPTED BY:
CONTRACTOR
RECOMMENDED BY:
PATRICK DONART,P.E., DAMON JONES,E.I.T.
PUBLIC WORKS DIRECTOR
APPROVED BY: ATTESTED BY:
KYLE HAYES,CITY MANAGER TINA BROUSSARD,CITY CLERK
RESOLUTION NO.
WHEREAS, on June 29, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No.10-173 awarding a contract in the amount of $9,879,522.15 to
Reytec Construction Resources, Inc., of Houston, Texas, for the Calder Avenue Drainage
and Pavement Improvement Project - Phase III; and,
WHEREAS, Change Order No. 1 in the amount of$94,928 was required for adding
construction items and reducing construction item quantities to the Calder Avenue
Drainage and Pavement Improvement Project- Phase III, thereby increasing the contract
amount to $9,974,450.15; and,
WHEREAS, Change Order No. 2 in the amount of$9,850.00 was required for costs
associated with the existing drainage and the proposed waterline installation conflicts,
thereby increasing the contract amount to $9,984,300.15 ; and,
WHEREAS, Change Order No. 3 in the amount of $68,697.30 was required for
adding construction items and reducing construction item quantities necessary to resolve
drainage and water line conflicts, thereby increasing the contract amount to
$10,052,997.45; and,
WHEREAS, Change Order No. 4 in the amount of ($188,276.85) is required for
items to resolve tree,tree grate&pit, sidewalk and retaining wall adjustments and sanitary
sewer line adjustments, thereby decreasing the contract amount to $9,864,720.60;
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. 4 for additional work described above, thereby decreasing the contract amount by
($188,276.85) for a total contract amount of$9,867,079.20.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2011.
- Mayor Becky Ames
4
December 13,2011
Consider approving a contract for installation of an automated code enforcement tracking
software system
RICH WITS OPPORTUNITY
BEAUNN, *
T • R • X9d • s City Cotineff Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laws Clark, Chief Financial Officer
MEETING DATE: December 13, 2011
REQUESTED ACTION: Council consider awarding a contract for
installation of an automated code enforcement
tracking software system.
RECOMMENDATION
The Adminisaration recommends the award of a contract to CRW Systems,Inc. of Carlsbad,
California in the estimated amount of$152,400.
BACKGROUND
The City of Beaumont's Code Enforcement Division currently handles approximately 6,000
violations per year including:
• High weeds and grass
• Trash and litter
• Junk vehicles
• regal Wiping
• General nuisances such as broken sewers and standing water.
Code Enforcement uses a software system for managing information and functions such as
tracking violations and scheduling inspections. The existing system utilized by Code
Enforcement is over twenty years old. Support is no longer available and the system cannot be
expanded to meet current needs.
A Request for Proposal(RFP)was sent to eight(8)poteadal responders and posted on the City's
website. Nine(9)responses were received. After review by the evaluation committee,three
vendors were selected for a short-list and invited to present on-site demonstrations. Evaluations
were made according to the criteria in the RFP. Evaluation scores are attached.
Code Enforcement Softw am
December 13, 2011
Page 2.
BUDGETARY EMPACT
Funds for this expenditure are budgeted in the Capital Reserve Fund.
BASIS OF AWARi3:COW ?ftCF.M NT SYSTEM S +OFMWABE RFP Na MM11-54
Criteria Percentage CRW Systems,Inc. Comdr Davenport Group
Scare Csrb6ad,CA Softwam Inc. Crystal Lake,IL
CMffbat,PA
i. Vim'and 25% 24% 23.5% 21%
reliabdity of bidder
2. ', 25% 25% 21.5% 21%
and support
3.Price 30% 263% 20% 28.5%
4.SubmiMd 5% 4.5% 5% 4%
5.Product deli 5% 5% 4.5% 3.5%
6.Ref+eream 100/0 8.5 016 5.50/0 1%
TOTAL 10(1% 93.50/a WO/0 790/9
RESOLUTION NO.
WHEREAS, bids were received for a contract for installation of an automated
tracking software system for use by the Code Enforcement Division; and,
WHEREAS, CRW Systems, Inc., of Carlsbad, California, submitted a bid in the
estimated amount of$152,400; and,
WHEREAS, City Council is of the opinion that the bid submitted by CRW Systems,
Inc., of Carlsbad, California, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bid submitted by CRW Systems, Inc., for installation of an automated
tracking software system for use by the Code Enforcement Division in the estimated
amount of$152,400 be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with CRW Systems, Inc., of Carlsbad, California, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2011.
- Mayor Becky Ames -
5
December 13,2011
Consider authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate
increase to April 2, 2012
RICH WITH OPPORTUNITT
BEAUMON*
T • E • X • A • s City Council genda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City AttornerYS— A
MEETING DATE: December 13,2011
REQUESTED ACTION: Consider an ordinance authorizing the suspension of the
effective date of Entergy Texas, Inc.'s proposed rate
increase to April 2,2012.
RECOMMENDATION
Administration recommends approval of an ordinance authorizing the suspension of the
effective date of Entergy Texas, Inc.'s proposed rate increase to April 2, 2012.
BACKGROUND
On November 28,2011, Entergy Texas, Inc. (Entergy)filed its Statement of Intent to increase
rates with each city that retains exclusive original jurisdiction over electric rates and services in
the Entergy service area. This proposal would increase rates an estimated$111.8 million
annually. An average residential customer using 1,000 kilowatt hours of electricity per month
can expect a$14.37 or 21.6%monthly increase under the Entergy rate increase proposal. Each
city retaining exclusive original jurisdiction must make a determination regarding Entergy's rate
increase request or suspend the proposed effective date by January 2, 2012. If a timely
determination is not made or the effective date is not suspended,the rate increase proposed by
Entergy would go into effect by operation of law.
The proposed ordinance authorizes the suspension of the effective date of the proposed increase
to April 2, 2012. This would allow for the City to join with other cities in the Entergy service
area as a steering committee to combine efforts to review the rate filing package and participate
in the rate case filed before the Public Utility Commission of Texas. The ordinance also
authorizes the hiring of the Lawton Law Firm, P.C.,to represent the interest of the City through
the steering committee and requires the steering committee to seek reimbursement from the
utility company for any rate case expenses incurred.
BUDGETARYIMPACT
The reasonable expenses associated with these cases will be reimbursable by the company as they
have been in the past.
ORDINANCE NO.
ORDINANCE OF THE CITY OF BEAUMONT, TEXAS
AUTHORIZING THE SUSPENSION OF THE EFFECTIVE
DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND
THE JANUARY 2, 2012, EFFECTIVE DATE PROPOSED BY
ENTERGY TEXAS, INC., IN CONNECTION WITH ITS RATE
INCREASE APPLICATION ENTITLED "APPLICATION OF
ENTERGY TEXAS, INC. FOR AUTHORITY TO CHANGE
RATES AND TO RECONCILE FUEL COSTS," FILED ON
NOVEMBER 28, 2011; AUTHORIZING THE HIRING OF
LAWYERS AND RATE EXPERTS; AUTHORIZING THE
CITY'S PARTICIPATION TO THE FULL EXTENT
PERMITTED BY LAW AT THE PUBLIC UTILITY
COMMISSION OF TEXAS, REQUIRING REIMBURSEMENT
OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT
THE MEETING COMPLIES WITH THE OPEN MEETINGS
ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT, AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on or about November 28, 2011 Entergy Texas, Inc. ("ETI") filed a
Statement of Intent with the City to increase electric rates in the ETI Service Area by
$111.8 million per year; and,
WHEREAS, Cities have exclusive original jurisdiction overthe rates,operations and
services of an electric utility in areas in the municipality pursuant to the Public Utility
Regulatory Act §33.001(a); and,
WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory
authority to make a reasonable determination of rate base,expenses, investment and rate
of return and retain the necessary personnel to determine reasonable rates; and,
WHEREAS, the City's reasonable cost for regulatory expenses in rate making
proceedings shall be reimbursed by the electric utility under Public Utility Regulatory Act
§ 33.023; and,
WHEREAS, given the complexity of the proposed rate increase and the need to fully
review the proposed rate adjustment it is necessary to suspend the effective date for
implementing the proposed rates until at least April 2, 2012 in order to allow the City's rate
experts sufficient time to determine the merits of ETI's proposed rates; and,
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing analyzing, and investigating ETI's $111.8 million rate increase request, City's
efforts will be coordinated with similarly situated municipalities through the Entergy Texas,
Inc. Cities Service Area Steering Committee; and,
WHEREAS, the City will join with other ETI service area municipalities in a steering
committee in order to coordinate the hiring and direction of counsel and consultants
working on behalf of the steering committee and the City;
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT THAT:
Section 1. That the statement and findings set out in the preamble to this
resolution are hereby in all things approved and adopted.
Section 2. The effective date of ETI's proposed rate increase, and the proposed
tariffs related thereto, is hereby suspended for an additional ninety(90) days until April 2,
2012 in order to complete the review and investigation by City's experts.
Section 3. The City is authorized to join with other municipalities as part of the
Entergy Texas, Inc. Service Area Steering Committee with the understanding that the
steering committee will provide direction and guidance to the lawyers who are representing
said cities.
Section 4. The City employs The Lawton Law Firm, P.C. to represent the City
with regard to the proposed rate increase of ETI before local and state regulatory
authorities and any court of law and authorizes counsel to employ such rate experts as are
recommended by the Cities' Steering Committee.
Section 5. The Steering Committee, shall review the invoices of the lawyers and
rate experts for reasonableness before submitting the invoices to ETI for reimbursement.
Section 6. City's legal representatives shall have the right to obtain additional
information from ETI through the service of requests for information.
Section 7. ETI shall reimburse the City, through the designated representative
city of the Steering Committee, for the reasonable costs of attorneys and consultant and
expenses related thereto, upon the presentation of invoices reviewed by the Steering
Committee.
Section 8. The meeting at which this Ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 9. This Ordinance shall become effective from and after its passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this 13th day of
December, 2011.
- Mayor Becky Ames -
ATTEST:
6
December 13,2011
Consider approving amendments to a contract with the Comptroller of Public Accounts related to
the State Energy Conservation Office Stimulus Program
RICH WITH OPPORTUNITY
as
BEAU:MON*
T • E o X A - S City Council Agenda. Item
TO: City Council
FROM: Kyle Hayes, City Manager
QO•
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: December 13, 2011
REQUESTED ACTION: Council consider amending a contract with the Comptroller
of Public Accounts related to a State Energy Conservation
Office Stimulus Program.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
On October 13, 2009,the City Council approved Resolution No. 09-318 authorizing the City
Manager to submit a grant application for the Traffic Signal Synchronization or Replacement
Stimulus Grant Program provided by the American Recovery and Reinvestment Act for the
purpose of updating and repairing public infrastructure.
On February 1, 2010, Contract No. CS0004 was entered into between the City of Beaumont and
the Comptroller of Public Accounts, State Energy Conservation Office for services related to the
Transportation Efficiency Program in the total contract amount of$314,090.39 (Grant of
$251,590.39, City Match of$62,500.00).
On April 26, 2010,Amendment No. 1 was entered into between the City of Beaumont and the
Comptroller of Public Accounts increasing the grant amount by $1,810,388.00 for a total of
$2,061,978.39 and increasing the City Match from $62,500 to $494,874.82.
As of October 31, 2011,the City of Beamont has purchased all of the equipment and materials
needed to meet the deliverable requirements for the Traffic Signal System Project. The
Agreement needs to be amended to utilize the remaining funds to deploy a real-time adaptive
traffic control system along the Dowlen Road Corridor from Eastex Freeway to College Street.
The real-time adaptive traffic control system has the capability to optimize the signal operations
according to existing traffic situations to allow traffic to pass through an intersection or an
intersection network with minimum delay. Therefore, it is recommended that$319,908.51 be
State Energy Conservation Office Stimulus Program
December 13,2011
Page 2 of 2
transferred from the Equipment Budget Category to the Subcontract Budget Category and that
the Agreement be extended from December 31,2011 to April 30, 2012.
BUDGETARYIMPACT
Funds for the City's match are available in the Capital Program.
RESOLUTION NO.
WHEREAS, on October 13, 2009, the City Council of the City of Beaumont, Texas,
passed Resolution No. 09-318 authorizing the City Manager to submit a grant application
for the Traffic Signal Synchronization or Replacement Stimulus Grant Program provided
by the American Recovery and Reinvestment Act for the purpose of updating and repairing
public infrastructure; and,
WHEREAS, on February 1, 2010, Contract No. CS0004 was entered into between
the City of Beaumont and the Comptroller of Public Accounts, State Energy Conservation
Office for services related to the Transportation Efficiency Program in the amount of
$314,090.39; and,
WHEREAS, on April 26, 2010,Amendment No. 1 was entered into between the City
of Beaumont and the Comptroller of Public Accounts, State Energy Conservation Office
by adding $1,810,388.00 to the Equipment Budget Category of the original award of
$251,590.39, for a total amount of$2,061,978.39. The City Match amount was increased
from $62,500.00 to $494,874.82. As a result, the total contract amount was increased
from $314,090.39 to $2,556,853.21; and,
WHEREAS, Amendment No. 2 is necessary to modify the budget by transferring
$319,908.51 from the Equipment Budget Category to the Subcontract Budget Category
and to extend the term of the contract, thereby ; and,
NOW, THEREFORE, BE IT RESOLVED B Y 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 Contract No. CS0004, effective February 1, 2010, between the City of
Beaumont and the Comptroller of Public Accounts, State Energy Conservation Office for
services related to the Transportation Efficiency Program in the amount of$314,090.39 be
ratified and accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT Amendment No. 1, effective April 26, 2010,
between the City of Beaumont and the Comptroller of Public Accounts, State Energy
Conservation Office modifying the budget, thereby increasing the budget amount by
$1,810,388.00 for a total budget amount of $2,061,978.39, thereby increasing the total
contract amount to $2,556,853.21 be also ratified and accepted by the City of Beaumont;
and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute Amendment No. 2 with the Comptroller of Public Accounts, State
Energy Conservation Office for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2011.
- Mayor Becky Ames -
PUBLIC EA RING
* Receive comments related to
amending an ordinance allowing
participation in the Texas Enterprise
Zone Program, designating a liaison
and nominating ExxonMobil Oil
Corporation as an Enterprise Zone
Project
7
December 13,2011
Consider adopting an amended ordinance allowing participation in the Texas Enterprise Zone
Program,designating a liaison and nominating ExxonMobil Oil Corporation as an Enterprise Zone
Project
RICH WITH OPPORTUNITY
BEA11M01fi*
T • E - X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: December 13, 2011
REQUESTED ACTION: Council conduct a Public Hearing to consider
adopting an amended ordinance to allow
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
On November 15, 2011,the City Council approved ordinance Number 11-087 to allow
participation in the Texas Enterprise Zone Program and nominate ExxonMobil Oil
Corporation as a"Triple Jumbo Enterprise Zone Project."
Following the application, it was determined that additional points in the competitive
process could be gained if a minor amendment were made to the ordinance. Specifically,
Section Three of the ordinance lists a menu of economic development incentives that the
City may offer applicants in such projects. By adding two additional possible incentives
to the list,the application should gain additional points. These additions include the
possibility of working with potential applicants to provide land and vocational training.
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
refund 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 h (500)jobs.
BUDGETARY UWPACT
None.
ORDINANCE NO
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 11-087,
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, ExxonMobil 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 December 13, 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) Provision of publicly owned land for development purposes;
4) Use of special one-stop permitting and problem resolution centers or
ombudsmen; or
5) 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) Retraining Program;
3) Vocational Education;
4) Customized Job Training;
5) 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 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 13th day of
December, 2011.
- Mayor Becky Ames -