HomeMy WebLinkAboutPACKET JAN 29 2013 RICH WITH O!'rORTUXITT
BEAUMON*
T • E • A • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 29,2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—January 22, 2013
* Confirmation of committee appointments
Roy West would be appointed to the Small Business Revolving Loan Fund Board. The term
would commence January 29, 2013 and expire January 28, 2015. (Councilmember Mike Getz)
George Crawford would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 14, 2014. (Councilmember Mike Getz)
A) Approve a resolution authorizing the execution of a License to Encroach Agreement
located at 1030 21St Street
B) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Water Line
Easement located at 6355 Chinn Lane for the development of new apartments
C) Authorize Kyle Hayes, City Manager and Laura Clark, Chief Financial Officer, as
signatories for execution of documents related to the Hurricane Ike Round 2.2 Funds
D) Authorize the City Manager to renew an agreement for the use of the stables at Tyrrell
Park
E) Authorize the settlement of the lawsuit styled Melvin Lee Price v. City of Beaumont,
Texas; Cause No. A-191,618
RICH WITH OPPORTUNITY
T • E
[1EA,- X • A • s Ci Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Q�.
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: January 29, 2013
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
License to Encroach Agreement with Darran Dollarhide
BACKGROUND
An existing structure located at 1030 21St Street is encroaching 2.03 feet (2.03') to 2.16 feet
(2.016') onto a ten foot (10') utility easement in Block 19, Calder Place Addition. Darran
Dollarhide is the owner of record of the structure.
The request from Mr. Dollarhide was submitted to all city departments and utility companies
with one objection from Planning and Zoning. The Planning Manager would approve the
License to Encroach Agreement only if the Board of Adjustment were to approve the variances
to the side and rear building setbacks. The original building plans were approved for a one story
building outside of the easement, however a two story building that encroaches into the easement
was constructed.
Upon the approval of the License to Encroach Agreement by City Council, Mr. Dollarhide would
be required to file an application to the Board of Adjustment for a variance.
The License Agreement protects the City from liability and provides a thirty (30) day
cancellation clause.
FUNDING SOURCE
There is a one time non-refundable fee of $500 from Darran Dollarhide for the License to
Encroach.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Darran and Kristin Dollarhide have requested that the City of Beaumont
grant a License to Encroach into one (1) utility easement at 1030 21St Street, which is
described as being out of Lot 16, Block 19, Calder Place Addition,to the City of Beaumont.
The encroachment being an existing structure overlapping 2.03'to 2.16' into the 10' utility
easement, as described in Exhibit"A" and shown in Exhibit"B,"attached hereto and made
a part hereof for all purposes;
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time;
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 a License to
Encroach to Darran and Kristin Dollarhide to encroach into one(1) utility easement at 1030
21St Street, which is described as being out of Lot 16, Block 19, Calder Place Addition, to
the City of Beaumont. The encroachment being an existing structure overlapping 2.03'to
2.16' into the 10' utility easement, as described in Exhibit "A" and shown in Exhibit "B,"
attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred
Dollars ($500.00) for the License to Encroach.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2013.
- Mayor Becky Ames -
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date last indicated below,the City of Beaumont, a municipal corporation,
of Beaumont, Jefferson County, Texas,herein called "Licensor" and DARRAN AND KRISTIN
DOLLARHIDE,owner,hereinafter called "Licensee", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property(the subject of
this license agreement) described as follows:
Said encroachment being an existing residential dwelling overlapping 10'utility
easement by 2.03'to 2.16', on Lot 16, Block 19, Calder Place Addition(1030 21st
Street). Said encroachment is shown on Exhibit "A", attached.
Subject property may continue to be occupied and used by Licensee solely in
connection with the existing structures and for incidental purposes related thereto during the term
of this license or until termination thereof. Said license shall terminate upon removal or
demolition of said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how,when
and to what extent such improvements are to be made. A copy of this license shall be attached to
such notice.
Substantial improvement means an r eP air, construction,
or improvement of a
structure,the cost of which equals or exceeds twenty-five percent(25%) of the market value of
the structure either: (1)before the improvement or repair is started;or(2)if the structure has
been damaged and is being restored,before the damage occurred. For the purposes of this
definition, "substantial improvement" is considered to occur when the first alteration of any
portion of the structure commences, whether or not that alteration affects the external dimensions
of the structure. The term does not,however, include any projects or improvements of a
structure to comply with existing state or local health, sanitary, or safety code specifications
which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or
users of such structure.
Page I of 3
EXHIBIT "A"
In the event the City of Beaumont,by resolution of the City Council, determines it
needs the subject property, or any part thereof, for the benefit of the City or to protect the health,
safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall
not receive any compensation and the City of Beaumont shall not be liable therefore,whether for
the value of property taken, damage to the abutting or remaining property or improvement, loss
of business or profit, loss of access, or otherwise.
Licensee shall at all times indemnify and hold harmless Licensor and any
franchised entity of licensor against, and pay in full, for all claims, losses,damages,law suits,
attorney's fees, costs,judgements or expenses,that Licensor and any franchised entity of
Licensor may sustain,incur,be required to pay or become liable for, resulting in any manner
from the construction,maintenance,use, state of repair, or presence of such encroaching
structure.
Licensor, and any franchised entity of Licensor,reserves the right to make
improvements,perform maintenance and construction to the right-of-way or premises covered by
this license where such is deemed necessary for the health,welfare and safety of the community.
In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any
damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim
against such parties for any such damage sustained by Licensee to said encroaching structure or
any abutting or attached structures, improvements or land caused by the removal or alteration of
any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of
Licensor any additional costs resulting from the encroachment.
Licensee shall not permit trees, shrubs,plants,or any object to be placed on the
subject property in such a manner as to obstruct the view of traffic.
As part of the consideration for this agreement, Licensee shall pay to Licensor the
sum of Five Hundred Dollars ($500.00). Said sum being non-refundable.
This license shall be recorded in the Real Property Records in the Office of the
County Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty(30) days prior
to the termination date,therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with, and
as part of, Licensee's conveyance of all the abutting property this license serves,through probate
or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by
being delivered a copy of the document or documents conveying or leasing the same.
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the
Office of the City Engineer, City of Beaumont, P.O. Box 3827,Beaumont, Texas 77704. Any
Page 2 of 3
notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property
Owner at 1030 21St Street, Beaumont, Texas 77706.
IN WITNESS,WHEREOF,the parties hereto have executed this agreement as of
the day of 52013.
LICENSOR
CITY OF BEAUMONT
By:
KYLE HAYES
CITY MANAGER
LICENSEE
By:
DARREN DOLLARHIDE
KRISTIN DOLLARHIDE
Page 3 of 3
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013,by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013,by
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013,by
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P. O.Box 3827
Beaumont,Texas 77704
license 20th
Page 4 of 3
1. N07HING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
OWNERSHIP OR TITLE.
2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL.
JUDGMENT BY THE SURVEYOR. WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION SCALE 1"=30'
AND BELIEF, FORMED IN THE COURSE OF HIS PERFORAING THE SURVEY IN COMPLANCE
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS B04RD
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY,
EXPRESSED OR IMPLIED.
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1OLE 21ST STREET 2.03' TO 2.16'ONTO A 10'Ulm FJLsmilm..
(CALLED TWENTY FIRST STREET PER PLAT)
((60' ROW)
TO THE OWNERS OF THE PROM SURVEYED IOM BEAlH110 O NT ST TEXAS 77706 77706
AS OF THE DATE OF THE SURVEY.
Lot Number Sixteen (16), in Bock Number
WW THLOWS S ROIkE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY Nkroteen (19), of CALDER PLAN'ADDITION, an
MAtTE ON THE 31JRFACE OF THIS GROU140 OF THE PROPERTY LEGALLY DESCRIBED addition to the City of Beaumont, Jefferson
HEREON AND CORRECTLY REPRESE M THE FACTS FOUND AT THE TIME County, Texas, occord ng to the map or pot of
OF THE SURVEYY, record in Vol. 8. Pope 126, Map Records of
DATE SURVEYED: t40VElfl 9, 2012 Jefferson County. Texas and Vol. 8, Page 134,
Map Records of Jefferson County, Texas.
.(F;.•oF^•tiF-� Owner: Dormn DoLbfiide and Kristin Dol dh*
J • ` ... Census: 4.00
T MAS S.{� E« In accordance with the Food Hazard Boundary
•� Map, Department of Housing and Urban
....a.Q 5728 Y' Devviopment.
9��'••SUR1�
Community
Panel No 0035 C
Date of FIRM: 8-6-02
No. 5728 PROFESSWA LAND SURVEYOR
THOMAS S. ROWE - REG This property Les a Zone 1('(white). Location on
ISTERED
mop determined M'ache on map. Actual field o
elevation not determined. Hark W. Whleley and
MARK W. W IIT>SI.E'Y Associates does not wwant nor subscribe to the
P. 0. BOX 6422 accuracy or scale of said mops.
AND ASSOCIATES HSAITYONi. iDLA9 77728-6492
INCORPORATED 409-892-0421 I
Zone W(white) are areas determined to be to
7�N III, outside 500-ysor Rood pkdn.
AND PIAIDI�3 9250 ZA41Z[FLRRY. ®2010 NW*w. n mj u W of Px hc.
T^*dan.na d au on NMrurwR d prdw is rl savin.a tM proprly
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W AMA - EXHIBIT "B" MWW` ft
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RICH WITH OPPORTUNITY
T • E ,• g . A . S Ci Council A enda Item
tY g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart,public Works Director
MEETING DATE: January 29, 2013
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot(10')wide Exclusive Water Line Easement.
BACKGROUND
Housing Authority of the City of Beaumont has agreed to convey a ten foot (10')wide exclusive
Water Line Easement to the City of Beaumont. The easement is described as being a 0.316 acre
tract out of Azure Pointe Apartments, a Minor Plat of 12.31 acres of land out of and part of a
131.467 acre tract situated in the W. B. Dyches Survey, Abstract 17, located at 6355 Chinn Lane.
The water line easement is for the development of new apartments.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Housing Authority of the City of Beaumont has agreed to convey a ten
(10) foot wide exclusive water line easement, said easement being a 0.316 acre tract out
of Azure Pointe Apartments, a Minor Plat of 12.31 acres of land out of and part of a
131.467 acre tract situated in the W.B. Dyches Survey,Abstract 17, located at 6355 Chinn
Lane, as described in Exhibit"A" and shown on Exhibit"B," attached hereto, to the City of
Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding,
relocating and/or removing water lines and appurtenances to facilitate the development of
new apartments; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the easement conveyed by Housing Authority of the City of Beaumont, as
described in Exhibit"A" and shown on Exhibit"B," be and the same is hereby, in all things,
accepted for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2013.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,HOUSING AUTHORITY OF THE CITY OF BEAUMONT,of the County of
Jefferson, State of Texas hereinafter called"GRANTOR",whether one or more,for and in
consideration of the sum of ONE AND N011 00 DOLLAR($1.00),and other good and valuable
consideration to us in hand paid by the CITY OF BEAUMONT,a municipal corporation
domiciled in Jefferson County, Texas,hereinafter called "GRANTEE",the receipt and
sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and
CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF
BEAUMONT,P. O. Box 3827,Beaumont,Texas 77704,Jefferson County,Texas,its
successors and assigns,a Water Line Easement and the exclusive right to construct,alter,and
maintain said waterlines and appurtenances on the hereinafter described lands which said
easement is under, over,in and across those certain tracts or parcels of land owned by
GRANTOR situated in the County of Jefferson, State of Texas,and being more particularly
described in Exhibit"A", attached and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing,constructing,
operating,repairing,rebuilding,replacing,relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively,the"Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
purposes aforesaid, and giving said City the right and privilege to improve,maintain and operate
the same as permitted by law.
EXHIBIT "A"
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT,its successors and assigns forever.
EXECUTED this day of 312013.
GRANTOR:
HOUSING AUTHORITY OF THE CITY OF BEAUMONT
By-
Printed Name: Robert L.Reyna
Title: Executive Director
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally appeared
ROBERT REYNA as EXECUTIVE DIRECTOR of HOUSING AUTHORITY OF THE CITY
OF BEAUMONT, known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act of such
corporation for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,2013.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy-Engineering
P.O.Box 3827
Beaumont,TX 77704
�P, RT E C H "Reagnizing the landmai*s of the past..setting our foresight towards the future with Advanced Geospadal Technology'
LAND SURVEYORS, INC.
Richard L.Worthey, RPLS
J.L.Sims, Jr., RPLS
Michael D. McGuinness, RPLS, CHS
EXHIBIT "A„ Gregory S. Kays, RPLS
Page 1 of 4
December 20,2012
Revised January 8, 2013
Revised January 22, 2013
Surveyor's Field Note Description: 0.316 Acre Exclusive City Water Line Easement
BEING a 0.316 acre (13762.86 square feet) tract of land(Exclusive City Water Line Easement)
out of and a part of that certain Azure Pointe Apartments called 12.31 acre tract of land, more
fully described as Tract A in a Minor Plat of 12.31 acres recorded in Clerk's File No.
2012016502 of the Official Public Records of Jefferson County, Texas. Said 0.316 acre
(13762.86 square feet) tract of land (Exclusive City Water Line Easement) being situated in the
W. B. Dyches Survey, Abstract No. 17, Jefferson County, Texas and being more particularly
described as follows:
COMMENCING at a 1/2 inch iron rod found at the Northwest comer of said 12.31 acre tract,
same being the Northeast corner of that certain called 2.00 acre tract of land more fully described
in said Clerk's File No.2012016502 of said Official Public Records and being in the South right-
of-way line of Chinn Road(public right-of-way);
Thence North 76 deg. 17 min. 34 sec. East along and with the North line of said 12.31 acre tract,
same being the South line of said Chinn Road, a distance of 49.24 feet to a 1/2 inch iron rod
found for the beginning of a curve to the right;
Thence in a Northeasterly direction continuing along and with the North line of said 12.31 acre
tract, same being the South line of said Chinn Road and said curve to the right, having a radius of
873.54 feet, a chord bearing of North 79 deg. 06 min. 25 sec.East, a chord length of 89.21 feet,a
delta angle of 05 deg. 51 min. 13 sec. and an arc distance of 89.25 to the POINT OF
BEGINNING of the tract of land herein described;
THENCE continuing in a Northeasterly direction along and with the North line of said 12.31
acre tract, same being the South line of said Chinn Road and said curve to the right, having a
radius of 873.54 feet, a chord bearing of North 82 deg. 21 min. 49 sec. East, a chord length of
10.06 feet, a delta angle of 00 deg. 39 min. 35 sec. and an are distance of 10.06 to a point for
corner;
THENCE along and with the herein described tract the following course and distances:
South 13 deg. 43 min. 18 sec. East, a distance of 85.14 feet to a point for corner;
North 76 deg. 16 min.42 sec. East, a distance of 14.00 feet to a point for comer;
South 13 deg. 43 min. 18 sec. East, a distance of 5.00 feet to a point for corner;
South 76 deg. 16 min. 42 sec. West, a distance of 14.00 feet to a point for corner;
Corporate Office:
1460 Cornerstone Court
Beaumont,Texas 77706
Tel: 409.866.9769 Fax: 409.866.7075
www.wastech.corn, /
W,4 RTECH
LAND SURVEYORS, INC.
EXHIBIT"A"
Page 2 of 4
0.316 Acre Exclusive City Water Line Easement
South 13 deg. 43 min. 18 sec. East, a distance of 67.54 feet to a point for corner;
North 82 deg. 17 min.08 sec. East, a distance of 123.63 feet to a point for corner;
South 07 deg. 42 min. 52 sec. East, a distance of 10.00 feet to a point for corner;
South 82 deg. 17 min. 08 sec.West, a distance of 47.91 feet to a point for corner;
South 07 deg. 42 min. 52 sec. East, a distance of 11.32 feet to a point for comer;
South 82 deg. 17 min.08 sec.West, a distance of 5.00 feet to a point for corner;
North 07 deg. 42 min. 52 sec.West, a distance of 11.32 feet to a point for corner;
South 82 deg. 17 min.08 sec.West, a distance of 69.67 feet to a point for corner;
South 13 deg. 43 min. 18 sec. East, a distance of 225.53 feet to a point for comer;
South 85 deg. 16 min.36 sec. East, a distance of 226.04 feet to a point for comer;
North 19 deg. 10 min. 55 sec. East, a distance of 85.63 feet to a point for comer;
North 70 deg. 49 min. 05 sec. West, a distance of 20.01 feet to a point for corner;
North 19 deg. 10 min. 55 sec. East, a distance of 5.00 feet to a point for corner;
South 70 deg. 49 min. 05 sec. East, a distance of 20.01 feet to a point for corner;
North 19 deg. 10 min. 55 sec. East, a distance of 273.75 feet to a point for corner in the
North line of said 12.31 acre tract, same being the South line of said Chinn Road, and being in a
non-tangent curve to the right;
THENCE in a Southeasterly direction along and with the North line of said 12.31 acre tract,
same being the South line of said Chinn Road and said curve to the right, having a radius of
873.54 feet, a chord bearing of South 67 deg. 40 min. 30 sec. East, a chord length of 10.02 feet, a
delta angle of 00 deg. 39 min. 25 sec. and an arc distance of 10.02 feet to a point for corner;
THENCE along and with the herein described tract the following course and distances:
South 19 deg. 10 min. 55 sec. West, a distance of 324.79 feet to a point for comer;
South 70 deg. 49 min. 05 sec. East, a distance of 51.01 feet to a point for comer;
South 19 deg. 10 min. 55 sec. West, a distance of 5.00 feet to a point for corner;
North 70 deg. 49 min. 05 sec. West, a distance of 5 1.01 feet to a point for comer;
South 19 deg. 10 min. 55 sec. West, a distance of 31.47 feet to a point for corner;
South 85 deg. 16 min. 36 sec. East, a distance of 148.67 feet to a point for comer;
South 04 deg. 43 min.24 sec. West, a distance of 10.00 feet to a point for corner;
North 85 deg. 16 min. 36 sec. West, a distance of 208.96 feet to a point for corner;
South 04 deg. 43 min. 24 sec. West, a distance of 61.50 feet to a point for corner;
North 85 deg. 16 min. 36 sec. West, a distance of 5.00 feet to a point for corner;
North 04 deg. 43 min. 24 sec. East, a distance of 61.50 feet to a point for comer;
North 85 deg. 16 min. 36 sec. West, a distance of 178.28 feet to a point for corner;
North 13 deg. 43 min. 18 sec. West, a distance of 158.45 feet to a point for corner;
South 76 deg. 16 min. 42 sec. West, a distance of 50.76 feet to a point for corner;
W4PRTECH
I.AND SURVEYORS, INC.
EXHIBIT "A"
Page 3 of 4
0.316 Acre Exclusive City Water Line Easement
North 13 deg.43 min. 18 sec. West, a distance of 5.00 feet to a point for corner;
North 76 deg. 16 min.42 sec. East,a distance of 50.76 feet to a point for corner;
North 13 deg. 43 min. 18 sec. West, a distance of 238.08 feet to the PLACE OF
BEGINNING,containing 0.316 acre(13762.86 square feet)of land, more or less.
(This description is based upon a survey made on the ground under my direct supervision on
July 18, 2012 and is being submitted along with a survey plat showing the property and facts
found as described herein. All bearings are based upon the Texas Coordinate System of 1983,
South Central Zone `4204' (U.S. Survey Foot). All distances and acreages are surface with a
combined adjustment factor of 1.00007 applied.)
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11 Water Line Page 4 of 4
Easement F'0 Exclusive City Water Line Easement
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�Line L2�' Exclusive City RO0'
elate(One L4 Water Line Easement
Eaaem 13762.86 Sq.Ft.
Ls 0.316 Acre
r L
L12 O
L10
Wes
ches Su 'fey
Ca11ed 2'p0 602 B°Oy Np"1
201z0 Ppstract J
c'F'Np.P Ft.J C. L35
to L34 Lg3
1 t; Azure Pointe Apartments
W Minor Plat
N Track A
Called 12.31 Acres (7
m C.F.No.2012016502
-t r' O.P.R.J.C. B
F Rod 1; a
poes L14 L?3 L22
calked 3. 2p 655p2
20 l25
C'F NO.P.Ft•3 C L31 L27
m
J
129
set 51T�HSUR�0O s Ro 5 j4 6 CURVE RADIUS ARCLENGTH CHORDLENGTHI ICHORDBEARING DELTAANGLE Tboo
�pR ''Fnt4p.P f'J� C2 873 5{' 710.08 1008 N92'Z1'49'E 0039W
C3-r873.54' 10.02 1 10.02 S87'40'30"E 00139'25'
Abbreviations C4 873.54' 8925 1 8921' 1 N79-06'25-E 05'51'13'
M.R.J.C. Map Records Line Table
Jefferson County LINE IBEARING DISTANCE LINE BEARING DISTANCE
O.P.R.J.C. Official Public Records L1 S13'4TIrE 85.14' 118 NIV105WVE 273.75'
Jefferson County L2 N76-IW42-E 14.00' L20 378'10'58 W 32,4.79
L3 S13'43'18'E 5.00' L2I S70'4905`E SIDI:
Fnd Found L4 S78'1642w 14.W L22 318'10'S5"W 5.00'
I. Iron L5 S13.4TIWE 87.54' L23 WT4905'W 51.01'
LB N82'17'OB'E 123.83' L24 S19'1055'W 31.47
: L7 S07.42'S2'E 1o.ar L25 SOVIn6"E 149.67"
Note
All Bearings are referenced to the Texas Coordinate System of 1983 L6 �42WE 1137 L26 s04.4324W 08.96
Yst L9 S07'42'52"E 11.32' L27 N85'18'38'W 209.98'
(COBS),South Zone'4204'(US Survey Foot). All distances and L10 S82'77VM 5A6 L28 SO4'4324 W 81.50'
acreages are surface with a combined adjustment factor of 1.00007 1.11 N07'42'S2"W 11.32 L29 N85.16'36'1N 5.00'
applied. L12 S82*17ID8*W 69.67 Lao MC43'24'E 51.56
L13 S13'43.18"E 22553' L31 NWIC30-W 17928'
SUBMITTING INFORMATION: L14 SW1638'E 229.04' L32 N13'4T18`W 156.45
NRP Contractors,LLC L15 N13.1055'E 85.63' L33 S76'16'42'W 50.76'
200 COnt:ORt Plaza Drive,Suite 900 L16 N70.49105-W 2001' L34 N13"43'16'W 5.00'
San Antonio,Plaza rive, L17 N19"1658E 5.06 L35 N761W,12"E 50.79
Donovan Texas
PM 419-575.2080 L18 870149WE 20.01' L36 N13.4TIM 238.09'
NOTICE:
The findings and opinions of WORTECH Land Surveyors,Inc reflected herein are privileged,confidential and Intended only for the use of the individual or entity for whom this work
was
prepared. It is understood that the use of,reliance on,or reproduction of same,in whole or In part,by others without the express written consent of WORTECH Land Surveyors,Inc.Is
prohibited and without warranty,express or Implied. WORTECH Land Surveyors,Inc.shall be held harmless against any damages or expenses resulting from such unauthorized use,
rellaroe or reproduction.Copyright 2012 All rights reserved.
Job No: 2012-055 Revised January Z2,2013
Field Book: 777n7 Plat Showing
Dr'By. MAG 0 IF Waterline Easement
Date: 12/19/2012 iF
@ +11f.Tg
Rev.No: 1•Revised Submf841g Information 4`je4G 9!. out of
! Azure Pointe Apartments
W� RTE CH if 10 L I 1 Called 12.31 Acre Tract
gg �j:� W.B.Dyches Survey,Abstract No.17
LAND 9TJKVEYtJRSr INC. ,i;.°0ts4,%...* Jefferson County,Texas
4?,0 ,E -` StsR`f_ Surveyed July 18,2012
: J" Field Note Description Attached To This Plat
1: xW.;0,;t-='Cr.:,:.:�� EXHIBIT "B'
C
RICH WITH OPPORTUNITY
BEAUMON*
T • $ • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: January 29, 2013
REQUESTED ACTION: Council consider authorizing Kyle Hayes, City Manager and
Laura Clark, Chief Financial Officer, as signatories for
execution of documents related to the Hurricane Ike Round
2.2 Funds.
BACKGROUND
The City has been awarded funds totaling$18AM through the Texas General Land Office,
Hurricane Ike Disaster Recovery Program for drainage and building projects. The projects
include partial reconstruction of Avenue A and Magnolia Streets,the construction of a new Public
Health Facility and a new Fire Station No. 2.
The grant program will reimburse the City as funds are expended for these projects. In order to
receive these funds, the Texas General Land Office has requested a resolution authorizing
signatories for the required documents.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, TEXAS AUTHORIZING SIGNATORIES ON
STATE OF TEXAS DOCUMENTS FOR REQUESTING
FUNDS.
WHEREAS, the City must request funds from the State of Texas Agencies on
specified forms with signatures from persons authorized to sign those forms;
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 following persons are designated as SIGNATORIES for State of Texas
Documents requesting funds from State of Texas Agencies:
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2013.
- Mayor Becky Ames -
ATTEST:
Tina Broussard, City Clerk
D
RICH WITH OPPORTUNITY
BEAUMON*
T - E • X - A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ryan Slott, Parks and Recreation Directoxc_�
MEETING DATE: January 29, 2013
REQUESTED ACTION: Council consider authorizing the City Manager to renew an
agreement for the use of the stables at Tyrrell Park
BACKGROUND
On January 11, 2012, the City Manager was authorized to execute an agreement for one year
with Ken Miller for the use of the Tyrrell Park Stables property.
Mr. Miller is meeting his obligations under the agreement and has put substantial work into
cleaning up the property which is now noticeably more attractive and well kept.
Staff met with Mr. Miller and determined that he is committed to continuing the programs that
have been started. He understands the importance of working collaboratively with the City to
develop a sustainable stables operation and will continue to clean, improve, and maintain the
barn property and its associated grounds and pastures located north of the stables road.
Staff is recommending a one-year agreement with Mr. Miller under same terms and conditions
previously established. The agreement provides for annual renewals by agreement of the parties
and contains a 30-day cancellation clause.
The riding trails will continue to remain open to the general public.
BUDGETARY IMPACT
Mr. Miller will pay for his utilities and$350 per month for rent.
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 an agreement with Ken
Miller for use of the Tyrrell Park Stables property for a period of one (1) year beginning
January 15, 2013. The agreement is substantially in the form attached hereto as Exhibit
«A."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2013.
- Mayor Becky Ames -
Agreement between the City of Beaumont and Ken Miller
for the use of Tyrrell Park Stables Property
In order to allow and support equestrian and stables related activities, the City agrees to
allow Ken Miller access to the Tyrrell Park Stables property subject to the conditions detailed
below.
Property Description
Barn Property- Mr. Miller will control the barn and its associated pastures north of the stables
road to Downs Road extended.
Term
This agreement will have a term of one year, beginning January 15, 2013, and may be extended
by agreement of the parties.
Insurance
Mr. Miller will maintain$1,000,000 in liability insurance with the City named as an Additional
Insured.
Clean Up and Maintenance
Barn Property and Pastures- Mr. Miller will clean and maintain the grounds, structures, and
fences. Structural elements which are added will be similarly well maintained. The mowing
schedule will be coordinated with the City, so that the grounds complement the surrounding park
property.
Payment
Mr. Miller will pay the City$350 per month for rent and be responsible for the utilities for the
Barn Property. The rent is due at the first of the month and late on the 10th. Utility payments
will be invoiced and paid with the next rental payment. The City's Cash Management Office will
issue payment instructions.
Cancellation
This agreement may be cancelled by either party with 30 days written notice delivered in person
or by certified mail,return receipt requested,to the addresses listed below.
Executed by the parties this day of January, 2013.
Kyle Hayes, City Manager Ken Miller
801 Main Street, Suite 300
Beaumont, Texas 77701
EXHIBIT "A"
E
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: January 29, 2013
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled Melvin Lee Price v. City of Beaumont,
Texas; Cause No. A-191,618.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled Melvin Lee Price v. City of Beaumont, Texas in the amount of$35,000.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on January 15,
2013. The City Attorney is requesting authority to settle this suit.
BUDGETARYIMPACT
There are sufficient funds in the General Fund to pay the settlement amount.
RESOLUTION NO.
WHEREAS, the lawsuit styled Melvin Lee Price v. City of Beaumont, Texas, Cause
No. A-191,618, was discussed in Executive Session properly called and held Tuesday,
January 15, 2013; and,
WHEREAS, the City Attorney is requesting authority to settle this lawsuit;
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 lawsuit styled
Melvin Lee Price v. City of Beaumont, Texas, Cause No. A-191,618, for the sum of Thirty-
Five Thousand and XX/100 Dollars ($35,000.00); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the lawsuit.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2013.
- Mayor Becky Ames -
NICE WITS OPPORTUNITY
BEAUMONW
T * E * X * A& 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 29,2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance calling the General Election for May 11, 2013,to elect a
Mayor,two (2) Councilmembers-At-Large, four(4)Councilmembers (one for
each Ward I, II, III and IV); and approving a Runoff Election if necessary
2. Consider a resolution authorizing the City Manager to execute a Joint Election
Agreement between Jefferson County and the City of Beaumont for the General
Election being held jointly with BISD and the Port of Beaumont
WORK SESSION
* Receive a request related to the establishment of Jefferson County Emergency
Services District No. 4 which includes territory located within the City of
Beaumont's extraterritorial jurisdiction(ETJ)
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
January 29,2013
Consider an ordinance calling the General Election for May 11, 2013,to elect a Mayor,two (2)
Councilmembers-At-Large, four(4) Councilmembers (one for each Ward I, II, III and IV); and
approving a Runoff Election if necessary
RICH WITH OPPORTUNITY
11EA[11Mk10N*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, City Clerk, TRMC
MEETING DATE: January 29, 2013
REQUESTED ACTION: Council consider approving an ordinance calling the
General Election for May 11,2013,to elect a Mayor,two(2)
Councilmembers-At-Large, four (4) Councilmembers (one
for each Ward I, II, III and IV); and approving a Runoff
Election if necessary.
BACKGROUND
The City Charter dictates that all elected officials shall be elected on a regular election day
established by the Election Code of the State of Texas. The City of Beaumont is designating the
second Saturday of May to conduct this election, and will conduct a joint election with the
Beaumont Independent School District and the Port of Beaumont. The City of Beaumont will
elect a Mayor, two (2) Councilmembers-At-Large, four (4) Ward Councilmembers (one each for
Ward I,II, III and IV); and approving a Runoff Election if necessary. The Beaumont Independent
School District will elect Trustees 4, 6 & 7. The Port of Beaumont will elect one (1) Ward 2
Commissioner and one (1) At-Large Commissioner.
FUNDING SOURCE
Estimated expense to conduct the Election is $54,000.00, with the City's proportionate share
estimated to be $34,480.95.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS,
PROVIDING FOR A GENERAL ELECTION TO BE HELD ON
THE 11T"OF MAY,2013 FOR THE PURPOSE OF ELECTING
A MAYOR, FOUR (4) WARD COUNCILMEMBERS (WARDS
I, II, III AND IV) AND TWO (2) COUNCILMEMBERS-AT-
LARGE; DESIGNATING POLLING PLACES AND
APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION;
PROVIDING THE FORM OF THE BALLOT AT SUCH
ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH
ELECTION; PROVIDING FOR A JOINT ELECTION WITH
THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND
PORT OF BEAUMONT; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1
In accordance with the City Charter, the Constitution, and general laws of the State
of Texas, a general municipal election is hereby called and ordered for the second
Saturday in May, 2013, the same being the 11'h day of said month, at which election all
qualified voters residing within the corporate limits of the City may vote for the purpose of
electing a Mayor, Councilmembers to Wards I, II, III and IV and two (2) Councilmembers-
At-Large for full term.
Section 2
No person's name shall be placed upon the official ballot as a candidate for any of
the above-mentioned positions unless such person has filed his or her sworn application,
as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas
Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the
City Clerk, not later than five o'clock (5:00) p.m. on the seventy-first (71 st) day before the
date of such election. The City Clerk shall note on the face of each such application the
date and time of its filing. A declaration of write-in candidacy must be filed with the City
Clerk as provided by Section 146.054 of the Texas Election Code, not later than five
o'clock (5:00) p.m. of the seventy-first (71st) day before election day.
Section 3
Said election shall be held jointly with the Beaumont Independent School District
and the Port of Beaumont in accordance with Chapter 271 of the Texas Election Code; and
the City Clerk of the City of Beaumont, Texas, agrees to coordinate, supervise, and handle
all aspects of administering said joint election in accordance with the provision of the Texas
Election Code and as outlined in their terms of agreement contained herein:
a) The expenses of the election shall be divided with each governmental entity
paying an equitable share of said expenses.
b) Single ballot forms shall be used which shall contain the Mayor, four (4)
Ward Councilmembers and two (2) Councilmembers-At-Large, three (3)
Beaumont Independent School District Trustee and (2) Port of Beaumont
Commissioners
c) The County Clerk's office shall be responsible for the appointment of all
election judges.
d) Location of polling places is attached hereto as Exhibit "A."
e) One set of ballot boxes shall be used and records for all elections shall be
combined.
f) The City Clerk of the City of Beaumont is designated as the general
custodian of election records for the joint election.
g) Early voting shall be held jointly, and the County Clerk shall serve as the joint
early voting clerk. The joint early voting shall be conducted between the
hours of 8:00 a.m. to 5:00 p.m. including any extended or weekend hours,
at the early voting place or places at which the early voting clerk regularly
conducts early voting for the City. The regular early voting clerk shall receive
applications for early voting ballots to be voted by mail in accordance with
Texas Election Code, Section 81.001, et. Seq. The remaining procedures
for conducting early voting by mail shall be completed by the County Clerk
of Jefferson County.
h) Each participating entity will be responsible for all required election orders,
resolutions, notices, and any other pertinent documents required by its
respective governing body, including making the submissions required by
the Federal Voting Rights Act of 1965 and any other changes which require
pre-clearance by the United States Department of Justice. Preparation of
necessary bilingual materials and notices will also be the responsibility of
each participating entity.
i) The judges and clerks shall be compensated at a rate of$10.00 per hour.
No judge or clerk shall be paid for more than one hour of work before the
polls open and no period of time subsequent to two hours after voting is
concluded by all voters offering themselves for voting during regular voting
hours. The election official who delivers the returns of the election shall be
paid an additional $25.00 provided he/she also returns unused ballots,
elections supplies and ballot boxes when he/she makes delivery of the
returns of the election.
Section 4
Legally qualified voters residing within the corporate limits of the City of Beaumont
shall be entitled to a vote at said election for the respective candidate(s).
Section 5
That said election shall be held in the City of Beaumont between the hours of 7:00
a.m. and 7:00 p.m. at the places listed in Exhibit "A" attached hereto and made a part
hereof for all purposes. The persons whose names appear in the Exhibit"A"are appointed
presiding judges and alternates for the respective polling places with authority to select and
appoint clerks. Pursuant to Sections 32.031 and 32.032 of the Texas Election Code, the
presiding judge for each election precinct shall appoint a minimum of one(1)clerk, and the
County Clerk may authorize as many additional clerks as are deemed necessary for the
proper conduct of the election.
Section 6
The notice and order of said election shall be given by posting and publishing said
notice and order as provided by the Texas Election Code.
Section 7
That an electronic voting system, as described by Title 8 of the Texas Election
Code shall be used fors said d election.
Section 8
That the following are hereby appointed officers of said election to serve at the
Central Counting Station, which is hereby established at the Mid-County Office Building,
7963 Viterbro Road, Nederland, Texas; Manager of the Central Counting Station; Bruce
Drury,Tabulation Supervisor;Jeff Ross and Assistant Tabulation Supervisor Paul Helejda.
Section 9
The official ballots, ballot cards, and ballot labels, respectively,for the election shall
be prepared in accordance with Title 5 of the Texas Election Code.
Section 10
That the Jefferson County Clerk is hereby appointed clerk for early voting; and
pursuant to Sec. 83.034 of the Texas Election Code, the appointment of Theresa
Goodness as Deputy Early Voting Clerk is approved, said appointment being without
additional compensation. The County Clerk may authorize as many additional clerks as
are deemed necessary for the proper conducting of the election. Early voting by personal
appearance shall be conducted at the main early voting location, Jefferson County Court
House, 1149 Pearl Street, Beaumont,Texas,77701,with four branch early voting locations
at BISD Administration Building, 4495 Harrison, Beaumont, TX 77706, Rogers Park
Community Center, 1455 Dowlen Rd., Beaumont, TX 77706, North End Community
Center, 2930 Gulf St., Beaumont, TX 77703, Theodore Johns Library, 4255 Fannett Rd.,
Beaumont, TX 77701. Early voting ballot applications and ballots voted by mail shall be
sent to the County Clerk's Office, P.O. Box 1150, Beaumont, Texas, 77701-1151. The
Clerk shall keep the said office open for at least eight (8) hours between 8:00 a.m. and
5:00 p.m. on each day for early voting or an official State Holiday beginning on the
seventeenth (17th) day through the fourth (4th) day preceding the date of such election;
provided, however,except as authorized by Section 85.005(a),Texas Election Code, said
Clerk shall not permit anyone to vote early by personal appearance on any day which is
not a regular working day for the Clerk's office, and under no circumstances shall she
permit anyone to vote early by personal appearance at any time when her office is not
open to the public.
Section 11.
That early votes by personal appearance and by mail shall be counted by an early
voting ballot board consisting of a presiding judge and one clerk, and the County Clerk may
authorize as many additional clerks as are deemed necessary. Early votes shall be
canvassed and returned by the Early Voting Ballot Board to the Central Counting Station
by 7:00 p.m. on Election day.
Section 12.
If any person or persons appointed herein do not appear,are unable to perform their
duties, or fail to perform their duties, the Mayor shall have the discretion and authority to
appoint any substitute personnel to fill the position(s).
Section 13.
The order in which the names of the candidates are to be printed on the ballot shall
be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas
Election Code. The City Clerk shall post a notice in the office, at least seventy-two (72)
hours prior to the date on which the drawing is to be held, of the time and place of the
drawing, and shall also give personal notice to any candidate who makes written request
for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each
candidate involved in the drawing, or a representative designated by the candidate, shall
have a right to be present and observe the drawing.
Section 14.
That is 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 or adjudged unconstitutional by a court of competent
jurisdiction, 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; and the City Council of the City of Beaumont, Texas, declares it would have
passed each and every part of the same notwithstanding the omission of any such part
thus declared to be invalid or unconstitutional, or whether there be one or more parts.
Section 15.
That all ordinances or parts of ordinances inconsistent or in conflict herewith are,
to the extent of such inconsistency or conflict, hereby repealed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2013.
- Mayor Becky Ames -
EXHIBIT "A" - 2011 GENERAL ELECTION ORDINANCE
PRECINCT/BISD POLLING LOCATION JUDGE ALTERNATE
/PORT
001/002 Dr. Mae Jones-Clark Elem. Thelma Fielder Joyce Franklin
3525 Cleveland Ave.
Beaumont,TX 77703
0031008 Sterling Pruitt Center William Bostic Jed Dollinger
2930 Gulf St.
Beaumont,TX 77703
004 BISD Admin. Building Dr. Bruce Drury Harold Steward
3395 Harrison Avenue
Beaumont,TX 77703
005 Caldwood Elementary Ray Nelson Mary Simmons
102 Berkshire Ln.
Beaumont,TX 77707
006 Central High School Celeste Johnson Judy Richardson
88 Jaguar
Beaumont,TX 77702
007189 O.C. "Mike"Taylor Career Rebecca Iles Ellen MclNtosh
Center
2330 North Street
Beaumont,TX 77702
008/(See 003) Sterling Pruitt Center William Bostic Jed Dollinger
2930 Gulf St.
Beaumont,TX 77703
0101011 Jefferson County Court Rose O. Solomon Laquita Mitchell
House
1050 Ewing
Beaumont,TX 77701
012/013 Chariton Pollard E.S. Connie Patterson Brandi Lewis
825 Jackson
Beaumont, TX 77701
014/0151016 King Middle School Kimberly Lewis Harold Lewis
1400 Avenue A
Beaumont,TX 77701
0171026/090 Municipal Airport Barbara Shipper Rebecca Moreira
455 Keith Rd., Hwy 90
Beaumont,TX 77713
0181064 Theodore Johns Library Margaret Bostic Leroy Bostic
4225 Fannett Rd.
Beaumont,TX 77705
EXHIBIT °A"
019 BISD Admin.Annex Pauline Mouton Nelson Mouton
1025 Woodrow St.
Beaumont,TX 77705
021 Precinct 4 Barn Vacant Vacant
2202 Hebert Rd.
Beaumont,TX 77706
020/067/075 Alice Keith Rec.Center Willmeretta Lowe Sonya Pickens
4075 Highland Ave.
Beaumont,TX 77705
022 Guess Elementary School Janet Dietz Gladys O'Brien
8055 Old Voth Rd.
Beaumont,TX 77713
023 Rosedale Baptist Church James Boykin Karlene Boykin
7110 Concord
Beaumont,TX 77708
026(See 017,090) Municipal Airport Barbara Shipper Rebecca Moreira
455 Keith Rd., Hwy 90
Beaumont,TX 77713
027/0781086 Vincent Middle School Jon Tritsch Theresa Hefner-Babb
350 Eldridge
Beaumont,TX 77707
039 Blanchette Middle School Samuel Peterson Maudry Plummer
2550 Sarah
Beaumont,TX 77705
062(See 073) George Marshall Middle Wanda Pumphrey Doris Campbell
6455 Gladys
Beaumont,TX 77706
063 Lucas Elementary School Thelma Noble Juanita Walker
1750 E. Lucas Dr.
Beaumont,TX 77703
064(See 018) Theodore Johns Library Margaret Bostic Leroy Bostic
4225 Fannett Rd.
Beaumont,TX 77705
065,100 Rogers Park Comm. Center Linda McClung Mary Grimes
5850 Regina Lane
Beaumont,TX 77706
067 (See 20/75) Alice Keith Rec. Center Wilmeretta Lowe Sonya Pickens
4075 Highland
Beaumont,TX 77706
068 Austin Middle School Helen W. Stone Paula Sadler
3410 Austin
Beaumont,TX 77706
072 Wesley United Methodist Cindy Grimes Anna Delano
3810 N. Major Dr.
Beaumont,TX 77713
073(see 062) George Marshall School Wanda Pumphrey Doris Campbell
6455 Gladys
Beaumont,TX 77706
075(see 020167) Alice Keith Rec. Center Wilmeretta Lowe Sonya Pickens
4075 Highland
Beaumont,TX 77705
077 North End Comm. Center Bessie Williams Mary Doyle
3580 E. Lucas
Beaumont,TX 77708
078 (See 27) Vincent Middle School John Tritsch Theresa Hefner-Babb
350 Eldridge
Beaumont,TX 77707
079 Dishman Elementary Bob Bearb Beth Ann Mistrot
3475 Champions Dr.
Beaumont,TX 77707
084/085 USW Union Hall Dora Nisby Alexander Simmons
2490 S. 11 cn St.
Beaumont,TX 77701
086(See 27) Vincent Middle School John Tritsch Theresa Hefner-Babb
350 Eldridge
Beaumont,TX 77707
087/088/099 Pine Burr Baptist Church Sherrie Fitzgerald Edna Collins
5095 Pine Burr Blvd.
Beaumont,TX 77708
089(See 007) O. C. Mike Taylor Career Rebecca lies Ellen MclNtosh
2330 North St.
Beaumont,TX 77702
100 (See 065) Rogers Park Comm.Cntr. Linda McClung Mary Grimes
6540 Gladys
Beaumont,TX 77707
094 Calvary Baptist Church Marie Clark Christine Gavrelos
3650 Dowlen Rd.
Beaumont,TX 77706
Early Voting Jefferson County Court Sandra Moore Autumn Mitchell
(Main) House
1149 Pearl St.
Beaumont,TX 77701
Early Voting BISD Admin Building Helen Stone Paula Sadler
(Branch) 4495 Harrison Ave.
Beaumont,TX 77706
Early Voting Rogers Park Comm. Ctr. Jane Walker Bob Bearb
(Branch) 1455 Dowlen Rd.
Beaumont,TX 77706
Early Voting North End Community Ctr Thelma Fielder Joyce Franklin
(Branch) 3580 E. Lucas
Beaumont,TX 77703
Early Voting Theodore Johns Library Carolyn Prudhomme Kerry Ehrensberger
(Branch) 4255 Fannett Rd.
Beaumont,TX 77701
2
January 29,2013
Consider a resolution authorizing the City Manager to execute a Joint Election Agreement
between Jefferson County and the City of Beaumont for the General Election being held jointly
with BISD and the Port of Beaumont
RICH WITH OPPORTUNITY
IIEAIIMON*
T • E • X • A • $ City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, TRMC, City Clerk
MEETING DATE: January 29, 2013
REQUESTED ACTION: Council to consider authorizing the City Manager to execute
a Joint Election Agreement between Jefferson County and
the City of Beaumont for the General Election being held
jointly with BISD and the Port of Beaumont.
BACKGROUND
This joint Election Agreement is a requirement of Jefferson County for the County Clerk to
coordinate, supervise and handle all aspects of administering the Joint Election in accordance with
the provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson
County for equipment, supplies, services and administrative costs. The Jefferson County Clerk
will serve as administrator for the election; however, each participating authority remains
responsible for the lawful conduct of their respective election.
RECOMMENDATION
Approval of resolution.
i
ELECTION SERVICES AGREEMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
THIS CONTRACT is made this day of , 2013, by and between the
Political Subdivisions of the City of Beaumont and Beaumont Independent School District.
hereinafter called "Political Subdivision" and Jefferson County, Texas,by its County Elections
Officer, Carolyn Guidry hereinafter called "Contracting Officer," pursuant to Texas Election
Code Section 31.092. The parties agree to hold a May 2013 Joint Election with each other in
accordance with Chapter 271 of the Texas Election Code and this Agreement. This Agreement is
entered into in consideration of the mutual covenants and promises hereinafter set out:
1. RECITALS. Contracting Officer is the County Clerk of Jefferson County, Texas,and is
the County Officer in charge of election duties. Political Subdivision is a political entity
situated wholly or partially within Jefferson County,Texas. Political Subdivision and
Contracting Officer have determined that it is in the public interest of Jefferson County
voters that the following contract be made and entered into for the purpose of having
Contracting Officer furnish to Political Subdivision certain election services and
equipment needed by Political Subdivision in connection with the holding of its May
2013 Election. Jefferson County's certified Elections System &Software electronic
voting equipment is to be used in the May 2013 Joint Election, hereinafter called "Joint
Election."
2. DUTIES AND SERVICES OF CONTRACTING OFFICER. Contracting Officer
shall be responsible for performing the following duties and shall furnish the following
services and equipment:
(a) Notify and coordinate presiding election judges, alternate judges, and all other election
officials approved by the City of Beaumont election officer... Jefferson County will make
emergency appointments of election officials if necessary.
(b)Arrange for poll worker training through a third party or conduct necessary training.Notify
all early voting and Election Day officials of the date, time and place thereof.
(c) Arrange for the use of early voting locations per the attached Exhibit B and Election Day
polling locations per the attached Exhibit A. If emergency replacement polling locations are
needed, Contracting Officer shall make necessary alternate arrangements to locate another public
place (or if unavailable, a private building), and shall notify Political Subdivision as soon as
possible.
(d) Procure election kits and supplies and distribute to the precinct judges and early voting
deputies. Obtain from the Tax—Assessor/Voter Registrar lists of registered voters to be used in
conducting the election in conformity with the boundaries of Political Subdivision and the
election precincts established for the election. The Election Day list of registered voters shall be
arranged in alphabetical order.
(e) Prepare and test all electronic voting equipment, format ballot styles, secure audio, oversee
all equipment and voter registration database programming, assure compliance with equipment
security requirements. Arrange for transport of equipment to and from polling locations.
(f) Serve as Early Voting Clerk for the Joint Election and process, print, mail, and tabulate
ballots for any eligible voter, who applies for a ballot by mail including all eligible FPCA
applicants. Supervise the conduct of early voting in person and appoint sufficient personnel to
serve as deputy early voting clerks. Provide lists of early voters as provided by law if requested
by Political Subdivision.
(g) Publish legal notice of the date,time and place of the public logic and accuracy test. Prepare
test materials and conduct internal election testing,public logic and accuracy test, and tests of
tabulation equipment. Contracting Officer shall also publish a joint election notice one time in
English and Spanish in Jefferson County newspaper(s).
(h)Arrange for the early ballot board, signature verification committee, tabulation personnel,
and all equipment and supplies needed at central counting station. Tabulate early voting,
election night,paper mail ballots and provisional ballots. Tabulate unofficial returns and assist
in preparing the tabulation for the official canvass. Provide Political Subdivision its voter
history report following the election if requested.
(i) Serve as Custodian of Records for election records in Contracting Officer's custody and
provide for the 22month and permanent storage of said election records as provided by law.
0) Provide information services for voters and election officers.
(k)Maintain accurate records of all expenses incurred in connection with the responsibilities
under this Agreement and provide Political Subdivision a final invoice after the conduct of the
election. Provide any detailed backup to such invoice, if requested, reflecting the charges or
components of the costs set forth on the invoice submitted to Political Subdivision.
(1) Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the
Texas Election Code,unless waived by the Secretary of State. A written report shall be
submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned
Election Code. If requested, Contracting Officer shall provide a written report to Political
Subdivision in a timely manner.
(m)The Contracting Officer shall place the funds paid by Political Subdivision hereunder in a
"contract fund" as prescribed by Section 3 1.100 of the Texas Election Code.
3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Political Subdivision shall
be responsible for performing the following duties:
(a) Prepare all election orders, resolutions, notices, and other pertinent documents for adoption
and execution by the appropriate Political Subdivision officer or body.Take all actions
necessary for calling the Joint Election which are required by the Texas Election Code and/or
the Political Subdivision's governing body, charter, ordinances, or other applicable laws.
Execute a Joint Election Agreement with Jefferson County for the purpose of sharing election
equipment, election officials, county precinct polling locations, and costs. Serve as Custodian
of Records for all election records in its possession as provided by law.
(b) Political Subdivision shall be responsible for the legal sufficiency of any order calling their
election. Political Subdivision shall be responsible for all substantive and procedural legal
issues governing the conduct of their election. Political Subdivision understands and agrees that
Contracting Officer provides no legal advice to Political Subdivision.
(c) Adopt the county voting precincts for this election. Political Subdivision shall adopt the
early voting locations used by the county which reside in the Political Subdivision
jurisdictional boundaries with the stipulation to add additional locations and adopt all early
voting dates, and times recommended by the Contracting Officer in accordance with the Texas
Election Code. Political Subdivision shall adopt the Election Day precinct polling locations on
the attached Exhibit B for each county voting precinct that is within its jurisdictional
boundaries. Political Subdivision shall confirm the accuracy of its jurisdictional boundaries and
precincts.
(d) Prepare, post and publish all required election notices for Political Subdivision except for
the joint election notice and the public test notice that Contracting Officer shall publish. In
addition, if this election's polling locations are different than Political Subdivision's previous
election, Political Subdivision shall post notice at the entrance to any previous polling places in
its jurisdiction stating that the location has changed and provide the polling location and
address for those voters for this election,pursuant to Texas Election Code Section 43.062,
unless County has posted the change for their election. Educate the voters in Political
Subdivision as much as possible on early voting times and places and Election Day polling
locations.
(e) Political Subdivision shall confirm with Tax-AssessorNoter Registrar its boundaries,
county voting precincts and street details within those boundaries. Political Subdivision will
validate all boundaries are defined properly within Jefferson County voter registration database,
maps and street lists with block ranges and odd/even/both indicators before the coding and
programming of the ballot begins. If changes are necessary after programming has begun the
Political subdivision responsible will incur the cost of re-programming for all entities involved.
Political Subdivision must proof and approve all programming work done for the jurisdiction
according to the Timetable.
(f) Deliver to Contracting Officer, according to the attached Timetable, ballot language with
Spanish translations, candidate names or measures, the order in which they are to be printed on
the ballot with the exact form and spelling. Provide pronunciation for difficult names or words
to use on the audio recording. Timely review and sign off on ballot proofs.
(g) Any requests for early voting ballots to be voted by mail received by Political Subdivision
must be hand delivered or faxed to Contracting Officer on the day of receipt. If the application
is faxed, the original application must be mailed to Contracting Officer. Contracting Officer
will process applications, mail appropriate ballots, and tabulate.
(h) If requested, assist Contracting Officer in recruiting bilingual poll workers. Provide
documentation on Political Subdivision's efforts to recruit bilingual poll workers if requested
by the U. S. Department of Justice.
(i) Pay prorated additional costs incurred by Contracting Officer if a recount for said election is
required, the election is contested in any manner, or a runoff is required.
0)The Political Subdivision is responsible for collecting the compensations sheets for the
election judges, clerks, and early voting ballot board. The Political subdivision will also pay
the fore-mention for their services and time in accordance with their rate of pay policy.
(k) Canvass the returns and declare the election results for Political Subdivision. Political
Subdivision is responsible for filing any precinct reports required by the Secretary of State.
(1) Political Subdivision shall pay a deposit of 60% of its estimated cost per the Exhibit C Cost
Estimate. Checks shall be made payable to Jefferson County Treasurer, 1149 Pearl Street,
Beaumont,Texas, 77701, and received by Contracting Officer on or before the deadline in the
Timetable. Political Subdivision shall pay the balance for conducting said election within thirty
days from the date of final invoice. All payments shall be made from current revenues available
to Political Subdivision. If the amount owed for conducting the election is less than the deposit
paid by Political Subdivision, Contracting Officer shall return the overpayment together with
the final invoice of costs of conducting the election, with such refund to be paid in a prompt
manner.
4. COST OF SERVICES.Political Subdivision shall share some expenses for the above
services, supplies and equipment in accordance with the attached Exhibit C -Cost Estimate.
This cost estimate may be amended, if necessary, after filing deadlines and election
cancellations. Additional elections may lower costs for each entity, and election cancellations
may raise costs for each entity. It is understood that other political entities may wish to
participate in the use of the County's electronic voting equipment and polling locations, and it
is agreed that Contracting Officer may enter into other contracts with entities for those purposes
on terms and conditions generally similar to those set forth in this Agreement. Only the actual
expenses directly attributable to this Agreement and any prorated shared expenses may be
charged to Political Subdivision, plus a 10% administrative fee.
5. GENERAL CONDITIONS.
(a) The parties agree that the timing is critical on all duties in this Agreement. Lack of
adherence to any deadline in the Timetable without prior agreement of Contracting Officer may
result in cancellation of Contracting Officer's duties and obligations to conduct Political
Subdivision's election under this Agreement or, at the discretion of Contracting Officer, a late
penalty surcharge in an amount not to exceed 10% of the final election cost. Adherence to the
I
Timetable is critical because of Jefferson County's obligation to complete all programming and
testing and to process,print and mail military and overseas ballots by state/federal deadlines
and our duty to conduct federal, state, county elections and/or other contracted elections.
(b) In accordance with Section 31.098 of the Texas Election Code, Contracting Officer is
authorized to contract with third persons for election services and supplies and is authorized to
hire necessary temporary personnel to perform contracted duties. Part-time personnel will be
compensated at the hourly rate set by Jefferson County.
(c) Political Subdivision acknowledges that electronic voting equipment is highly technical and
it is conceivable that, despite the best effort of the parties and technical assistance, it might fail
during the election. Contracting Officer will do whatever is possible to remedy the situation,
but Political Subdivision agrees that should such equipment fail, it will not make any claim for
damages of any kind.
(d)Any qualified voter in the Joint Election may vote early by personal appearance at any of
the joint early voting locations in Exhibit A.
(e)Jefferson County Elections Department may contract with numerous political entities for the
Joint Election, and the parties agree that all ballot styles will be programmed into one electronic
voting system. Each voter will receive one ballot which contains all races and issues in the Joint
Election for which the voter is eligible at the address and in the precinct in which the voter is
currently registered. One joint voter sign in process consisting of a common list of registered
voters and common signature rosters shall be used in precincts in which the county polling
locations are used.
(f)The Contracting Officer shall file copies of this Agreement with the Auditor and Treasurer
th
of Jefferson County not later than the 10 day from receipt of the fully executed contract by
Contracting Officer.
(g) Jefferson County is self-insured for personal liability issues. Should Political Subdivision
desire insurance for injuries during this election or other liabilities, they shall make such
arrangements separate from this Agreement.
(h) In the event that the performance by Contracting Officer of any of its obligations hereunder
shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether
such occurrence be an act of God or the result of war, riot,civil commotion, sovereign conduct,
or the act or condition of any persons not a party thereof, then it shall be excused from such
performance for such period of time as is reasonably necessary after such occurrence to remedy
the effects thereof.
(i) The parties to this Agreement agree that Political Subdivision may cancel this Agreement in
the event that it has no need to conduct an election by March 5, 2013.If Political Subdivision's
election is cancelled after deadline in the Timetable, a$200 contract preparation and processing
fee will be due in addition to any costs incurred by Contracting Officer on behalf of Political
Subdivision prior to said cancellation.
(j) The Political Subdivision has the option of extending the terms of this Agreement through
its runoff election, if applicable. Political Subdivision may reduce the number of the adopted
early voting locations and/or Election Day voting locations in which precincts are not involved
in a runoff election. In the event of a runoff which Political Subdivision wants Contracting
Officer to conduct, Political Subdivision agrees to attempt to coordinate the date with other
entities participating in this Joint Election. If Political Subdivision elects to have Contracting
Officer conduct a runoff election, the cost will be determined by the number of entities
participating and the actual costs plus administrative fees. Political Subdivision will be
responsible for all orders, notices, and publications required for their runoff except the
publication of the public logic and accuracy test which Contracting Officer will publish.
6 DISPUTE RESOLUTION PROCEDURE
The parties agree to use dispute resolution process provided for in Chapter 2260 of the Texas
Government Code to attempt to resolve all disputes arising under this Agreement. Either party
must give written notice to the other party of a claim for breach of this Agreement not later than
the 180th day after the date of the event, giving rise to the claim. By their execution of their
Agreement,the parties acknowledge and knowingly and voluntarily agree that neither the
execution of this Agreement; nor the conduct, act or inaction by any person in the execution,
administration, or performance of this Agreement constitutes or is intended to constitute a
waiver of the party's immunity from suit with respect to claims of third parties.
7 ENTIRE AGREEMENVAMENDMENT
This Agreement constitutes the entire agreement between The City of Beaumont,Beaumont
Independent School District and Jefferson County. This Agreement may be amended only in
writing and signed by the parties.
8 NOTICES
Except as otherwise provided in this section, all notices, consents,approvals,demands,request,
or other communications provided for or permitted to be given under any of the provisions of
this Agreement shall be in writing and shall be deemed to have duly given or served when
delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail,
return receipt requested, postage prepaid, and addressed as set forth below or to such other
person or address as may be given in writing by either party to the other in accordance with this
section:
CITY OF BEAUMONT, TEXAS:
Kyle Hayes, City Manager
801 Main
Suite 300
Beaumont, TX 77701
BEAUMONT INDEPENDENT SCHOOL DISTRICT,TEXAS:
Philip E. Brooks, Asst. Superintendent for Administration
3395 Harrison
Beaumont, TX 77706
JEFFERSON COUNTY: Carolyn L. Guidry, County Clerk
P. O. Box 1151
Beaumont, TX 77704
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the of
2013.
City of Beaumont, Texas Beaumont Independent School District
By: By:
Name: Kyle Hayes Name: Philip E. Brooks
Title: City Manager Title: Asst. Superintendent for Administration
Attest: Attest:
(seal) (seal)
Jefferson County, Texas
By:
Name: Carolyn L. Guidry
Title: County Clerk
Attest:
(seal)
ELECTION DAY POLLING LOCATIONS May 11,2013 EXHIBITA
1 1/2 Dr.Mae Jones-Clark Elementary 3525 Cleveland St. Beaumont,TX 77703 2
2 318 Sterling Pruitt Center 2930 Gulf St. Beaumont,TX 77703 2
3 4 BISD Administration Building 3395 Harrison Ave. Beaumont,TX 77706 1 1
4 5 Caldwood Elementary 102 Berkshire Ln. Beaumont,TX 77707 1
5 6 Central High School 88 Jaguar Dr. Beaumont,TX 77702 2
6 7/89 O.C.Mike Taylor Career Center 2330 North St. Beaumont,TX 77702 2
7 10/11 Jefferson County Courthouse 1001 Pearl St. Beaumont,TX 77701 2
8 12/13 Charlton-Pollard Elementary 825 Jackson St. Beaumont,TX 77701 2
9 14/15/16 MLK Middle School 1400 Avenue A Beaumont,TX 77701 3
10 17/26/90 Beaumont Municipal Airport 455 Keith Rd. Beaumont,TX 77713 3 1
11 18/64 Theodore Johns Library 4255 Fannett Rd. Beaumont,TX 77705 2
12 19/67 South Park Middle School 4500 Highland Ave. Beaumont,TX 77705 2
13 20/75 Alice Keith Park Recreation Center 4075 Highland Ave. Beaumont,TX 77705 2
14 211106 Precinct 4 Barn 2202 Hebert Rd. Beaumont,TX 77705 2
15' 22 Roy Guess Elementary 8055 Voth Rd. Beaumont,TX 77708 1
16 23 Rosedale Baptist Church 7110 Concord rd. Beaumont,TX 77708 1
18 27/78/86 Vincent Middle School 350 Eldridge Dr. Beaumont,TX 77707 3 2
19 39 Blanchette Elementary 2550 Sarah St. Beaumont,TX 77705 1
20 62/73 Marshall Middle School 6455 Gladys Ave. Beaumont,TX 77706 2 2
21 63 Lucas Elementary 1750 E.Lucas Dr. Beaumont,TX 77703 1
22 65/100 Rogers Park Community Center 6540 Gladys Ave. Beaumont,TX 77706 2 2
23' 66 Bevil Oaks Civic Center 7390 Sweetgum Rd. Bevil Oaks,TX 77713 0 1
24' 68 Austin Middle School 3410 Austin St. Beaumont,TX 77706 1 1
25 72 Wesley United Methodist Church 3810 N.Major Dr. Beaumont,TX 77713 1 1
26 77 North End Community Center 3580 E.Lucas Dr. Beaumont,TX 77703 1
27' 79 Dishman Elementary 3475 Champions Dr. Beaumont,TX 77707 1
28' 84/85 USW Union Hall(PACE) 2490 S.1 lth St. Beaumont,TX 77703 2
29 87/88/99 Solid Rock Community Church 5095 Pine Burr Blvd. Beaumont,TX 77708 3 2
30 92 Precinct 4 Service Center 7780 Boyt Rd. Beaumont,TX 77713 1
31 94 Calvary Baptist Church 3650 Dowlen Rd. Beaumont,TX 77706 1 1
TOTAL Precincts
50 14
EXHIBIT B
SON rr
x
F
NOTICE OF EARLY VOTING LOCATIONS
EARLY VOTING LOCATIONS:
(Localizaciones de Votacion Adelantada):
Beaumont Courthouse-Main location 1001 Pearl St.,Beaumont, Texas
Rogers Park Recreation Center 6540 Gladys;Beaumont,Texas
Theodore Johns Library 4255 Fannett Rd.,Beaumont,Texas
North End Community Center 3580 E Lucas,Beaumont,Texas
BISD Administration Bldg. 3395 Harrison,Beaumont,Texas
DATES AND HOURS FOR ALL ABOVE LOCATIONS:
(Fechas y Horas para todas las localizaciones):
April 29—May 1 Monday - Wednesday 8:00 a.m. - 5:00 p.m.
(Abril 29—Mayo 1) (Lunes - Miercoles) 8:00 a.m. —S:00 p.m.
May 2 - 3 Thursday - Friday 8:00 a.m. - 5:00 p.m
(Mayo 2-3) (Jueves- Viernes) 8:00 a.m. —S:00 p.m.
May 4 Saturday 7:00 a.m. - 7:00 p.m.
(Mayo 4) Sabado 7:00 a.m. - 7:00 p.m
May 5 Sunday 12:00p.m. — 5:00 p.m.
(Mayo 5) Domingo 12:00p.m. —S:00 p.m.
May 6 - 7 Monday - Tuesday 7:00 a.m. - 7:00 p.m.
(Mayo 6— 7) (Lunes—Martes) 7:00 a.m. - 7:00 p.m.
Estimate of Cost EXHIBIT C
Description Per Item Fee #of Items Estimate of Cost SubTotals
Equipment Charges
Voterivotronic $250.00 72 $18,000.00
ADA Ivotronic $250.001 35 $8,750.00
Privacy Booth $24.50 35 $857.50
IVO printer $50.00 35 $1,750.00
PIES $7.50 133 $997.50
E-pollbook,with assesories $70.00 35 $2,450.00
Equipment Charges Sub-total: $32,805.00
Programming Charges
M650 Tabulator $175.00 1 $175.00
ERM file set-up $175.001 1 $175.00
Ballot Types $25.00 2 $50.00
Precincts $2.50 46 $115.00
Splits $2.50 0 $0.00
Ballot Faces $5.00 9 $45.00
Contest/issues $6.00 9 $54.00
Candidates/Responses $2.50 18 $45.00
Early Voting Polling Places $5.00 35 $175.00
Media Burns $5.00 226 $1,130.00
Electronic Transfer Files $8.00 0 $0.00
Reburns $50.00 0 $0.00
Programming Charges Sub-total: $1,964.00
ADA Voice File Charges
Audio: Language Set-Up English 299.25 ea 1 $299.25
Audio: Candidates/Yes-No 8.50 ea 18 $153.00
Audio: Political Parties 6.10 ea 1 $6.10
Audio: Contests/Issues 12.30 ea 9 $110.70
Audio: Ballot Faces 12.30 ea 9 $110.70
Audio: Language Set-Up Spanish 299.25 ea 1 $299.25
Audio: Candidates/Yes-No 8.50 ea 18 $153.00
Audio: Political Parties 6.10 ea 1 $6.10
Audio: Contests/issues 12.30 ea 9 $110.70
Audio: Ballot Faces 12.30 ea 9 $110.70
Admin Collection Surcharge may be deducted from the payment of 93.00 ea 1 $93.00
Voice Files Charges Sub-total: $1,452.50
Ballot Printing Charges
Sample Ballots (YELLOW) $0.05 S00 $25.00
Official Ballots(outsourced) $0.17 1500 $255.00
Ballot Printing Charges Sub-total $280.00
Facility Rental Charges
Hourly rate
Central Counting Station-Early Voting Ballot Board $125.00 4 $500.00
Central Counting Station-Election Day $125.00 8 $1,000.00
facility Rental Charges Sub-total $1,500.00
Rental Equipment
Ryder Trucks 3 days $800.00
Rental Charges Sub-total $800.00
I
Estimate of Cost EXHIBIT C
Consurnables and Printing Charges
IVO printer tape $1.75 35 $61.25
Election Supplies-per polling location (tape,pens,stamp $5.00 35 $175.00
Election forms&envelopes-per polling location $8.15 35 $285.25
Letters&Notices to Polling locations $0.05
Postage and return Postage for Polling location Notices $0.90 35 $31.50
Mail Ballot Supplies per voter $1.19 500 $595.00
Mail Ballot Postage per ballot $0.65 500 $325.00
Consumables and Printing Charges Sub-total $1,473.00
Public Notice Charges
Notice of Public Test $51.00 1 $51.00
Public Notice Charges Sub-total $51.00
Poll Worker Charges
Notices and Confirmation letters to Election Judges&Alternates $0.15 144 $21.60
Postage and Return postage for Election Judge's Letters $0.90 70 $63.00
Early Voting Clerks Hourly Rate$8.00 N/A
Election Judges&Alternates Hourly Rate$8.00 N/A
Election Judge and Alternate Delivery Fee N/A
Election Day Poll worker's hourly rate$8.00 N/A
Poll Worker Charges Sub-total $84.60
Early Voting Ballot Board Charges Per Hour
3 members of EV Ballot Board N/A
Early Voting Ballot Board Sub-total $0.00
Technical upport Per Hour
Early Voting and Election Day Technical Support $65.00 30 $1,950.00
Dispatch Election Day $30.00 48 $1,440.00
Technical/Dispatch Support sub-total $3,390.00
CCS Payroll and USAGE arges
Public Test CCS usage $125.00 2 $250.00
Staff for Public Test (OPTIONAL) $50.00 1 $50.00
CCS Payroll Election Day $4,000.00 1 $4,000.00
Canvass election usage $125.00 1 $125.00
Staff required to canvass report only $50.00
Central Counting Station Sub-total $4,425.00
SUBTOTALOF ESTIMATED CONTRACTED 1TEMS $48,225.10
Administrative Fee of 10% $48,225.51 10% $4,822.51
TOTAL ESTIMATE OF CONTRACTED CHARGES 53,047.61
City of Beaumont-65% $34,480.95
BISD-35% $12,068.33
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 Joint Election
Agreement between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointlywith Beaumont Independent School District and the Port
of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of
January, 2013.
- Mayor Becky Ames -
WORK SESSION
* Receive a request related to the
establishment of Jefferson County
Emergency Services District No. 4 which
includes territory located within the City of
Beaumont's extraterritorial jurisdiction
(ETJ)
BENCKENSTEIN & OXFORD, L.L.P.
ATTORNEYS AT LAW
BBVA COMPASS BANK BUILDING
3535 CALDER AVENUE,SUITE 300
Joshua C.Heinz BEAUMONT,TEXAS 77706 jheinz @benoxford.com
TELEPHONE:(409)833-9182
TELEFAX:(409)833-8819
January 14, 2013
Via Hand Delivery and
Via Facsimile: (409)880-3113
Mayor Becky Ames and City Council Members
City of Beaumont
801 Main St.
Beaumont,Texas 77701
Re: Petition for Creation of Jefferson County Emergency Services District No. 4.
Mayor Ames and City Council Members:
The Labelle-Fannett and Cheek Volunteer Fire Departments have filed the attached
petition for creation of Jefferson County Emergency Services District No. 4 (the"District"). The
Jefferson County Judge has accepted the petition, and on February 11, 2013, the County will
conduct a public hearing to consider whether to grant the petition. Because a portion of the
District is within the extraterritorial jurisdiction of the City of Beaumont (the "City"), the City's
consent is required before these areas can be included within the District. See Texas Health &
Safety Code, Section 775.014. This letter serves as a formal request that the City consent to
creation of the proposed District and allow the District to include the portions of the City's
extraterritorial jurisdiction shown in the map and described in the metes and bounds, which are
included in the attached petition.
The petitioners respectfully request to be placed on the agenda for either the January 29,
2013 or the February 5, 2013 City Council meeting under an item titled, "Discuss and consider
consenting to the creation of the proposed Jefferson County Emergency Services District No. 4."
The petitioners respectfully request that you consent to including the City's
extraterritorial jurisdiction in Jefferson County Emergency Services District No. 4 by adopting a
motion and approving the District's request in writing.
BENCKENSTEIN&OXFORD,L.L.P.
Mayor Becky Ames and City Council Members
January 14,2012
Page-2-
With best regards, I remain,
Very truly yours,
BENCKENSTEIN&OXFORD,L.L.P.
By: av
Joshua VIVinz
JCH/HOIV
Enclosure
cc: Kyle Hayes, City Manager
Rufues Lavergne,Labelle-Fannett VFD
Kenneth A. Duhon,Cheek VFD