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HomeMy WebLinkAboutPACKET JUN 11 2013 RICH WITH OPPORTQHITT BEAUMON* T • E • a • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 11,2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—June 4, 2013 * Confirmation of committee appointments Douglas Rathgeber would fill the unexpired term of Jeff Purcell on the Police Department Community Advisory Committee. The term would commence June 11, 2013 and expire July 11, 2013. (Councilmember Mike Getz) A) Approve a resolution authorizing the execution of a License to Encroach Agreement located at 3935 Russell Drive B) Approve a resolution approving an industrial district agreement with ExxonMobil Corporation for inventory held at Oiltanking Beaumont Partners, LP C) Approve a resolution authorizing the settlement of the claim of William Jordon RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Douglas Rathgeber is appointed to the Police Department Community Advisory Committee to fill the unexpired term of Jeff Purcell. The term will commence June 11, 2013 and expire July 11, 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of June, 2013. - Mayor Becky Ames - A RICH WITH OPPORTUNITY r T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 9 PREPARED BY: Patrick Donartt,, Public Works Director MEETING DATE: June 11, 2013 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Jorge and Obdulia Garcia. BACKGROUND There are two (2) existing structures located at 3935 Russell Drive encroaching into a fifteen foot (15') utility easement in Lot 7, Block 1, Clara Baldwin Addition. The first building encroaches between 8.12' and 8.36'. The second building encroaches between 7.99' and 8.43'. The request from Jorge and Obdulia Garcia, the owners of the structures, was submitted to all city departments and utility companies with one objection from Centerpoint Energy. The City Utilities Department approved the license to encroach with the following conditions: The City of Beaumont will not be responsible for any damage to the structures if the sanitary sewer line should ever develop a cavity or due to any repairs to the City main by City crews. The City of Beaumont shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. There is a one time non-refundable fee of$500 from Jorge and Obdulia Garcia for the License to Encroach. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Jorge and Obdulia Garcia have requested that the City of Beaumont grant a License to Encroach into one (1) fifteen foot (15') utility easement at 3935 Russell Drive, which is described as being in Lot 7, Block 1, Clara Baldwin Addition, to the City of Beaumont. The encroachment being structures overlapping 7.99'to 8.43'into the 15'utility easement described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; and, 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 Jorge and Obdulia Garcia to encroach into one (1) fifteen foot (15') utility easement at 3935 Russell Drive, which is described as being out of Lot 7, Block1, Clara Baldwin Addition, to the City of Beaumont. The encroachment being existing structures overlapping 7.99' to 8.43' into the 15' 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 11th day of June, 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 Jorge and Obdulia Garcia, 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 structures overlapping 15' (fifteen foot) utility easement by 7.99' to 8.43' on Lot 7, Block 1, of the Clara Baldwin Addition (3935 Russell Drive). 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 any repair, 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. 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. Page 1 of 4 EXHIBIT "A" 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, judgments 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. Licensor will not be responsible for any damages to the structures if the sanitary sewer line should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. 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. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. 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 that 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. Page 2 of 4 I 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 notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 3935 Russell Drive, Beaumont, Texas 77703. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of 12013. LICENSOR: LICENSEE: CITY OF BEAUMONT By: By: KYLE HAYES JORGE GARCIA CITY MANAGER By: OBDULIA GARCIA Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 20135 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 Jorge Garcia. 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 Obdulia Garcia. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 I 25"DRAINAGE EASEMENT PITCH (CALL S25'17'00"W 63.00) _ VOL. 10, PG. 119, MRJC FND CONC. FND S25°17'00"W 63.10' o CALC. MONO. r- -------- --, CORNER rn o� —w O -OHE ❑HE-EHE tp HHE-(p tp I� COVERED O`!' ❑HE OHE MANHOLE �� M N 0rn 08 BLOCK ` 15' UTILITY EASEMENT --n — ------------------PER PLAT--- CINDER BLOCK N WALL RED 25.10' 8.18' i I COVERED SCALE 1"=20' I i i I L-------------I co I c co O 0 o OJ o eF Q 0) ti O co LOT 7 BLOCK 1 A CLARA BALDWIN ADDITION VOL. 7, PG. 116, MRJC vol 1p vol 9 vol 8 Vol 6 FND 3/4" CALC. FND 1/2" 1. PI PPE CORNER I. ROD FND N25.17'00E 126.20' FND N25 017'00"E 63.10' (CALL N25'17'00 E 126.00')' (CALL N25'17'00 E 63.00') FND N25.17'00"E 189.29' RUSSELL DRIVE REFERENCE•BEARING PER PLAT (60' ROW) SKETCH OF TO THE OWNERS OF THE PREMISES SURVEYED ENCROACHMENT FOR AS OF THE DATE OF THE SURVEY: 3935 RUSSELL DRIVE 1. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY BEAUMONT, JEFFERSON MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY D IBED COUNTY, TEXAS HEREON THE AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE 17 O F DATE SURVEYED: MAY 13 2 Q� G•••••••A F f� MARK ASSOCIAIT�S .• �STE I/Yy��n,,���,e��w.NCORPORATED THOMAS S ROWS. �� = f 9 5728 �T �ri `°"ww` -9'••OF ,0.�•�O P. a s�ws aw s�sz k S S sroicrr, �e mr-as aatwsr. �e w+m TH01r1AS S. ROWE - REGISTERED PROFESSIONAL lM'" EXHIBIT "B" B RICH WITH OPPORTUNITY 111c'AUMON � T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: June 4, 2013 REQUESTED ACTION: Council consider a resolution approving an industrial district agreement with ExxonMobil Corporation for inventory held at Oiltanking Beaumont Partners, LP. BACKGROUND On April 19, 2011, Council approved the disannexation of a 436.81 acre tract of land located at 6275 Highway 347 in the City's extraterritorial jurisdiction. On January 17, 2012, Council approved the related industrial district agreement with Oiltanking Beaumont Partners, LP. The Company is in the business of inventory storage for companies such as ExxonMobil. The disannexation of the property and storage tanks also disannexed any inventory stored in those tanks. Because the Oiltanking does not own the inventory, the City must enter into an additional industrial district agreement with ExxonMobil for a payment in lieu of taxes. The draft agreement with ExxonMobil is attached for your review. The 2013 payment is based on the value of the inventory at January 1, 2012 and will be paid on 100% of that assessed valuation. The 2014 payment will be at 90% and the 2015 payment will be at 80%. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. 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 Industrial District Contract with ExxonMobil Corporation. The contract 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 11th day of June, 2013. - Mayor Becky Ames - DRAFT THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and ExxonMobil Oil Corporation, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company owns inventory which is stored on the site of OilTanking Beaumont Partners, LP. The City has established an industrial district comprising a certain part of the extra-territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: 1 GAIndustrial Contracts\2009T)oconMobil Inventory at Oiltmking 2013.doc EXHIBIT "A" DRAFT ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2013 and each calendar year thereafter for the duration of this Contract, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's inventory located on the site owned by the OilTanking Beaumont Partners, LP, covered by this contract. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) The payment for 2013 shall be due and payable upon execution of this agreement, and calculated as follows: 2 DRAFT Assumed City Taxes Due: Assessed Value/ 100 X Current City Tax Rate = Assumed City Tax Due Year 1 100%of Assumed City Taxes Due = 2013 Payment Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's inventory, having taxable situs within the areas described in this agreement; for example, in October, 2013, the 2013 assessed values shall be used for the February 1, 2014 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value question and an adjustment for the payment, without interest,will be made within thirty(30) days following such resolution. (b) After the assessed value of the Company's properties has been determined, the payments due hereunder shall be calculated in accordance with the following schedule: The 2013 -2015 payments shall be 100%of assumed City taxes. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City the amount billed on or before February 1 each year, beginning in 2014. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such 3 GAIndostrial Contracts\2009TxxonMobil inventory at Oiltanking 2013.doc DRAFT payment is made. If payment is not made on or before any due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the inventories of Company located on the site of OilTanking Beaumont Partners, LP, as shown on the records of the Jefferson County Appraisal District which are within the extra-territorial jurisdiction of the City of Beaumont. ARTICLE III TERMINATION OF BREACH It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled to obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its 4 DRAFT rights. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be for three (3) years, commencing upon the execution of this agreement and ending on December 31,2015. ARTICLE V NOTICES Any notice provided for in this Contract, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY TO COMPANY City Manager ExxonMobil Oil Corporation City of Beaumont Manager, Property Tax Division 801 Main PO Box 53 Beaumont, Texas 77704 Houston,Texas 77001-0053 ARTICLE VI CONTINUATION If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. 5 GAIndusttial Contracts\2009\Eao Wobil Inventory at Oihanking 2013.doc DRAFT IN WITNESS THEREOF, this Agreement, consisting of 6 pages, is executed in duplicate counterparts as of this day of , 2013. CITY OF BEAUMONT, TEXAS By: Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk EXXONMOBIL OIL CORPORATION By: ATTEST: 6 c RICH WITH OPPORTUNITY 11E.A,[1,.M0N* 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: June 11, 2013 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of William Jordon. BACKGROUND This matter was most recently presented and discussed in Executive Session held on June 4,2013. The City Attorney is requesting authority to settle this claim in the amount of$15,456.41. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of William Jordon has been discussed in an Executive Session properly called and held Tuesday, June 4, 2013; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be and he is hereby authorized to settle the claim of William Jordon in the amount of Fifteen Thousand Four Hundred Fifty-Six and 41/100 Dollars ($15,456.41); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of June, 2013. - Mayor Becky Ames - RICH WITR OPPORTUNITY BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 11,2013 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. Conduct an election of Mayor Pro Tempore 2. Consider an ordinance denying the application filed by Entergy Texas, Inc. on May 13, 2013 to modify the rate Schedule for Interruptible Service 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 June 11,2013 Conduct an election of Mayor Pro Tempore Article III, Section 6 of the City Charter states"The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his office, and, if a vacancy occurs, shall become Mayor for the unexpired term." RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT is elected Mayor Pro Tempore for a one (1) year term. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of June, 2013. - Mayor Becky Ames - 2 June 11,2013 Consider an ordinance denying the application filed by Entergy Texas, Inc. on May 13, 2013 to modify the rate Schedule for Interruptible Service 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: June 11, 2013 REQUESTED ACTION: Consider an ordinance denying the application filed by Entergy Texas, Inc. on May 13, 2013 to modify the rate Schedule for Interruptible Service. BACKGROUND On May 13, 2013, Entergy Texas, Inc. (Entergy)filed an application with each of the cities in its service area to modify the`Experimental Rider to Schedules LIPS and LIPS-TOD for Interruptible Service"("Schedule IS"). The proposed modifications are in anticipation of Entergy's transition into the Midwest Independent System Operator(MISO). The Schedule IS is only applicable to the Large Industrial Power Service customers and the Large Industrial Service Time of Day customers. Consequently,Entergy's proposed modification would not affect the residential or small commercial rates or schedules. Entergy has recommended that the cities deny its request to modify Schedule IS in order that it may appeal all the cities decisions to the Public Utility Commission where a uniform Schedule may be approved for all customers within Entergy's Service territory. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of Ordinance. ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") DENYING THE PETITION OF ENTERGY TEXAS, INC. FILED ON MAY 13, 2013; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about May 13, 2013 Entergy Texas, Inc. ("Entergy") filed a Petition with the City to modify its rate schedule for interruptible service ("Schedule IS"); and, WHEREAS, Entergy recommends denial of Entergy's application so that Entergy may appeal the case to the Public Utility Commission of Texas ("PUC" or "Commission") to implement a uniform rate; and, WHEREAS, the City has joined with the Steering Committee of Cities and has intervened in Entergy's proceeding to modify Schedule IS at the Public Utility Commission filed as Docket No. 41488; and, WHEREAS, the Cities' participation in the proceeding pending before the Commission would reduce rate case expenses, would result in a uniform schedule for all customers, and would not limit or modify in any manner, the right and power of the City under law to regulate the base rates and services of Entergy; and, WHEREAS, the statutory deadline to act on Entergy's rate increase request is June 17, 2013; 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 Ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby denies the proposed modification to Schedule IS requested in Entergy's Statement of Intent. Section 3. Entergy is hereby Ordered to continue operating under its existing approved rates and schedules until modified by a regulatory authority. Section 4. Nothing contained in this Ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under law to regulate the base rates and services of ETI. Section 5. 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 6. This Ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of June, 2013. - Mayor Becky Ames - ATTEST: