HomeMy WebLinkAboutPACKET OCT 22 2013 JAI( It WITH ONYORTI, NATI
BEA.[IM N*
T - E • X - mA S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 22, 2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—October 15, 2013
* Confirmation of committee appointments
A) Approve Compensation for the City Manager
B) Approve Compensation for the City Attorney
C) Approve Compensation for the City Clerk
D) Approve a resolution providing for the reimbursement of capital expenditures incurred
prior to future financing
A
October 22, 2013
Approve Compensation for the City Manager
The City Manager, Kyle Hayes, will receive a 3% increase to base wages. The City of Beaumont
will make an annual contribution of$17,500 to the International City/County Management
Association's Deferred Compensation Program on his behalf. The City Manager will receive a
car allowance of$833.33 per month and an administrative allowance of$500 per month. All
other benefits extended to civilian employees will continue to be provided as well.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the base wages of the City Manager, Kyle Hayes, will be $14,807.65 per month. A
car allowance will be $833.33 per month. An administrative allowance will be $500 per
month. The City of Beaumont will make an annual contribution of $17,500 to the
International City/County Management Association's Deferred Compensation Program on
his behalf,
NOTWITHSTANDING the foregoing compensation and benefits, all other
compensation, benefits, terms and conditions of employment with the City of Beaumont
shall be pursuant to City policy and the Charter of the City of Beaumont, as with other
civilian employees.
This resolution shall be effective immediately upon passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
October, 2013.
- Mayor Becky Ames -
B
October 22,2013
Approve Compensation for the City Attorney
The City Attorney, Tyrone E. Cooper, will receive a 3% increase to base wages. The City of
Beaumont will make an annual contribution of$23,000 to the International City/County
Management Association's Deferred Compensation Program on his behalf. The City Attorney
will receive a car allowance of$833.33 per month and an administrative allowance of$100.00
per month. All other benefits extended to civilian employees will continue to be provided as
well.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the base wages of the City Attorney, Tyrone E. Cooper, will be $12,494.30 per
month. A car allowance will be $833.33 per month. An administrative allowance will be
$100.00 per month. The City of Beaumont will make an annual contribution of$23,000 to
the International City/County Management Association's Deferred Compensation Program
on his behalf.
NOTWITHSTANDING the foregoing compensation and benefits, all other
compensation, benefits, terms and conditions of employment with the City of Beaumont
shall be pursuant to City policy and the Charter of the City of Beaumont, as with other
civilian employees.
This resolution shall be effective immediately upon passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
October, 2013.
- Mayor Becky Ames -
c
October 22, 2013
Approve Compensation for the City Clerk
The City Clerk, Tina Broussard, will receive $6,833.33 per month in base wages. The City of
Beaumont will make an annual contribution of$9,000 to the International City/County
Management Association's Deferred Compensation Program on her behalf. The City Clerk will
receive an administrative allowance of$100.00 per month. All other benefits extended to
civilian employees will continue to be provided as well.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the base wages of the City Clerk, Tina Broussard, will be $6,833.33 per month. She
is to also receive an administrative allowance of$100 per month. The City of Beaumont
will make an annual contribution of$9,000 to the International City/County Management
Association's Deferred Compensation Program on her behalf.
NOTWITHSTANDING the foregoing compensation and benefits, all other
compensation, benefits, terms and conditions of employment with the City of Beaumont
shall be pursuant to City policy and the Charter of the City of Beaumont, as with other
civilian employees.
This resolution shall be effective immediately upon passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
October, 2013.
- Mayor Becky Ames -
D
r
C �
T• E • X • A s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARF;D BY: Laura Clark, Chief Financial Officer
NNE-STING DATE: October 22, 2013
REQUESTED ACTION: Council consider approving a resolution providing for the
reimbursement of capital expenditures incurred prior to
future financing.
BACKGROUND
Several pieces of heavy equipment and vehicles, estimated in total at $3.5 million, were
identified during the preparation of the Fiscal Year 2014 Budget as needed in various city
departments. A listing of the equipment and vehicles is attached. The Budget intended for
these items to be bundled and financed over a period not to exceed 5 years. Because the
equipment orders and deliveries will be over several months within the fiscal year and it will take
time to Oct financing in place, a reimbursement resolution is warranted in order to allov� the City
to reimburse itself out of the proceeds of the financing for any pieces of equipment already paid
for once financinL) is secured.
FUNDING SOURCE
The debt service related to this financing was budgeted for in the Capital Reserve Fund, Solid
Waste Fund, and Water Utilities Fund. Depending on the structure of the financing, payment
would beoin in the latter part of FY 2014.
RECOMNIENDATION
Approval of resolution.
Reimbursement Resolution Equipment Financing
October 23, 2013
Page. 2
_ FY 2014
Equipment and Vehicles Budget Department
Fire Pumper _ 200,000 Fire
Paving Machine 380,000 Public Works
International 7600 _ 90,000 Solid Waste
International 7600 _ 90,000 Solid Waste
Dozer 660,000 Solid Waste
F450 (3) _ 159,000 Water
F450 60,000 Water
F750 Dump Truck 75,000 Water
20' Dove Tail Trailer _ 15,000 Water
Backhoe 77,000 Water
Concrete Breaker(2) _ 50,000 Water
375 CFM Compressor 40,000 Water
16 yd Dump truck (2) _ 240,000 Water
Pressure washer 11,000 Water
F450 _ 53,000 Water
3/4 Ton Truck (2) _ 64,000 Water
F550 _ 55,000 Water
F750 70,000 Water
Mini Excavator-Takeuchi 145_ 55,000 Water
Backhoe _ 77,000 Water
10 Ton TT Winch on tracks 90,000 Water
375 CFM Compressor 40,000 Water
16yd Dump Truci< _ 130,000 Water
Pressure Washer 10,000 Water
Mower _ 17,000 Water
F150 Extended Cab (3) _ 66,800 Water
F550 Crew cab flat bed (3) 146,100 Water
Gooseneck trailer(3) 37,600 Water
235 Takeuchi Mini Excavator(4) 172,500 Water
F550 crew cab dump truck 51,700 Water
Trailer _ 12,600 Water
16 CY dump Truck 120,000 Water
Boring machine- currently leasing 106,000 Water
Estimated Total 3,521,300
RESOLUTION NO.
WHEREAS, heavy equipment and vehicles, as described in Exhibit "A," attached
hereto, in the estimated total amount of$3.5 million, were identified during the preparation
of the Fiscal Year 2014 Budget as needed in various city departments; and,
WHEREAS, the Budget intended for these items to be bundled and financed over
a period not to exceed five (5) years; and,
WHEREAS, because the equipment orders and deliveries will take place over
several months within the fiscal year, reimbursement is warranted in order to allow the City
to reimburse itself out of the proceeds of the financing for any pieces of equipment already
paid for once financing is secured; and,
WHEREAS, City Council is of the opinion that capital expenditures incurred prior to
securing financing should be reimbursed;
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 reimbursement of capital expenditures incurred for the purchase of heavy
equipment and vehicles for use by various city departments prior to securing financing is
hereby authorized by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
October, 2013.
- Mayor Becky Ames -
Reimbursement Resolution Equipment Financing
October 23,2013
Page 2
FY 2014
Equipment and Vehicles Budget Department
Fire Pumper 200,000 Fire
Paving Machine 380,000 Public Works
International 7600 90,000 Solid Waste
International 7600 90,000 Solid Waste
Dozer 660,000 Solid Waste
F450(3) 159,000 Water
F450 60,000 Water
F750 Dump Truck 75,000 Water
20' Dove Tail Trailer 15,000 Water
Backhoe _ 77,000 Water
Concrete Breaker(2) 50,000 Water
375 CFM Compressor 40,000 Water
16 yd Dump truck(2) 240,000 Water
Pressure washer 11,000 Water
F450 53,000 Water
3/4 Ton Truck(2) _ 64,000 Water
F550 _ 55,000 Water
F750 70,000 Water
Mini Excavator-Takeuchi 145 55,000 Water
Backhoe 77,000 Water
10 Ton TT Winch on tracks 90,000 Water
375 CFM Compressor 40,000 Water
16yd Dump Truck 130,000 Water
Pressure Washer 10,000 Water
Mower _ 17,000 Water
F150 Extended Cab(3) 66,800 Water
F550 Crew cab flat bed (3) 146,100 Water
Gooseneck trailer(3) 37,600 Water
235 Takeuchi Mini Excavator(4) 172,500 Water
F550 crew cab dump truck 51,700 Water
Trailer 12,600 Water
16 CY dump Truck 120,000 Water
Boring machine-currently leasing 106,000 Water
Estimated Total 3,521,300
EXHIBIT "A"
RIC11 WIT14 OPPOaTUN3TY
11EA,11M0N*
T • E • X • A -
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 22, 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 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving the award of a bid to McInnis Construction, Inc.
of Silsbee for the construction of a new Fire Station No. 2
2. Consider a resolution approving the award of a bid to Lange Brothers
Construction, Inc. of Port Arthur for plaster repair in the Jefferson Theatre
3. Consider a resolution authorizing eminent domain proceedings to acquire property
located at 4730 Avenue A for the Avenue A Improvement Project
4. Consider an ordinance authorizing the suspension of the effective date of Entergy
Texas, Inc.'s proposed rate increase to January 28, 2014
WORK SESSION
* Receive a demonstration of the GORequest App for reporting city related issues
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Deliberate the purchase, exchange, lease or value of real property pursuant to
Government Code Section 551.072 as well as consider matters related to
contemplated or pending litigation in accordance with Section 551.071 of the
Government Code,to wit:
328 Bowie Street
WORK SESSION
* Tour of the Athletic Complex; Tyrrell Park and Cattail Marsh
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
October 22, 2013
Consider a resolution approving the award of a bid to McInnis Construction, Inc. of Silsbee for the
construction of a new Fire Station No. 2
RIGR WITH OPPORTUNITY
ILI . �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 22, 2013
REQUESTED ACTION: Council consider a resolution approving the award of a bid to
McInnis Construction, Inc. of Silsbee in the amount of
$2,724,920 for the construction of a new Fire Station No. 2
BACKGROUND
A grant from the Texas Community Development Block Grant (CDBG) Disaster Recovery
Program administered by the Texas General Land Office (GLO) for areas impacted by Hurricane
Ike was awarded for the construction of a new Fire Station No. 2.
The new station, designed by Architectural Alliance, Inc., will be constructed on Helbig Rd.
adjacent to the Willard Library. It will replace the current station located at 4495 Ironton.
Bids, as shown on the attached tabulation, ranged from $2,724,920 to $3,285,000. Alternate bids
were requested for the construction of a training tower, stainless steel lockers in lieu of painted
lockers and an epoxy finish on the bay floor, all of which are recommended for approval.
The new station features individual sleeping rooms, an open kitchen and dining room with training
and day room accommodations. The 38 ft. training tower will provide firefighters stationed in the
northwest district a facility for training in confined spaces with full hoses and wet stairs.
The three bay station will accommodate up to three units. At this time, one pumper truck and
possibly a reserve or Chief s car will be onsite. Presently, three firefighters are on duty at Fire
Station#2 but the new station will accommodate up to five firefighters providing room for future
growth.
Featured at this station are hurricane rated bi-fold doors in lieu of overhead doors providing engine
drivers a clear vision of the doors as they exit the bay, thus reducing damage to overhead doors and
trucks. A decontamination room is also provided in this station allowing for proper cleaning and
drying of bunker gear.
The station will be fenced and gated for fire equipment and personal vehicles.
Fire Station #2
October 22, 2013
Page 2
McInnis plans to subcontract 5% of work to local MBEMUB vendors. McInnis will comply with
the City's Section 3 policy when hiring workers. Work is expected to commence by mid
November and be completed within 300 calendar days.
Upon completion, the building on Ironton will be sold.
FUNDING SOURCE
Texas GLO Disaster Recovery Grant.
RECOMMENDATION
Approval of resolution.
BID TABULATION: CONSTRUCTION OF FIRE STATION NO. 2
BID OPENING DATE: OCTOBER 10, 2013 2 PM
BID NUMBER: BMTPWCP0038
McInnis Constr.,Inc. N&T Constr.Co.,Inc. ALLCO SeTEX Constr.Corp. H.B. Neild&Sons, Inc.
Silsbee,TX Beaumont,TX Beaumont,TX Beaumont,TX Beaumont,TX
BASE BID $2,591,000 $2,850,000 $2,910,000 $2,990,000 $3,040,000
Alt No 1- $93,620 $127,000 $133,000 $128,000 $160,000
Alt No 2- $30,000 $51,000 $48,500 $48,000 $48,000
Alt No 3- $10,300 $2,200 $1,892 $3,000 $2,300
$2,724,920 $3,030,200 $3,093,392 $3,169,000 $3,250,300
Calendar Days to
Completion 300 300 330 360 330
Bruce's Gen.Constr.,Incaniels Bldg.&Constr.,In Icon Builders,LLC iighmark Constr.Co.,LLC
Beaumont,TX Beaumont,TX Port Arthur,TX McAllen,TX
BASE BID $3,100,000 $3,108,000 $3,225,425 $3,095,000
Alt No 1- $175,200 $173,000 $120,000 $95,000
Alt No 2- $35,000 $48,700 $45,000 $50,000
Alt No 3- $45,000 $2,300 $38,000 $45,000
$3,355,200 $3,332,000 $3,428,425 $3,285,000
Calendar Days to
Completion 250 330 365 330
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT-
THAT the City Council hereby approves the award of a contract to McInnis Construction,
Inc., of Silsbee, Texas, in the amount of$2,724,920 for the Fire Station No. 2 Construction
Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with McInnis Construction, Inc., of Silsbee, Texas, for the
purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
October, 2013.
- Mayor Becky Ames -
2
October 22, 2013
Consider a resolution approving the award of a bid to Lange Brothers Construction, Inc. of Port
Arthur for plaster repair in the Jefferson Theatre
RICH WITH OPPORTUNITY
11E A. �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes.. City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 22, 2013
REQUESTED ACTION: Council consider a resolution approving the award of a bid
to Lange Brothers Construction, Inc. of Port Arthur in the
amount of$146,342 plus $14.50 per sq. ft. for plaster repair
in the Jefferson Theatre.
BACKGROUND
One bid was received on Thursday, October 10, 2013 for furnishing all labor, materials, supplies
and equipment to repair and paint the Jefferson Theatre balcony ceiling and walls. Plaster
corbels, ceilings and walls have deteriorated from water and moisture intrusion since Hurricanes
Rita and Ike. Last summer the building's exterior brick and mortar were sealed to prevent further
moisture intrusion.
The damage has resulted in large portions of ceiling and wall plaster blistering, cracking and
falling from the ceiling and walls. The existing damaged plaster will be removed, sanded and
new plaster applied creating a smooth finish for faux painting.
A base bid for the balcony ceiling and walls and an alternate bid for the orchestra ceiling was
requested. Additionally, a price per square foot for the repair of unforseen damaged plaster was
requested.
The following is a cost breakdown from the one bid received.
Base Bid - Balcony Area $146,342
Alternate No. 1 - Orchestra Area $131,165
Price for unforseen damaged plaster $14.50/sq. ft.
Jefferson Theatre Plaster Repair
October 22, 2013
Page 2
Milton Bell Architects developed the scope of work for this project. Mr. Bell is exceptionally
knowledgeable of the building as he was the lead architect on the Jefferson Theatre's interior
renovation in 2003. Lange Brothers specializes in plaster repair and faux finishing.
Acceptance of the base bid only allows the theatre to be open during the construction time frame.
The balcony can be sealed with a plastic drape while under construction allowing the Event
Facilities staff to schedule events on weekends and evenings without affecting the construction
site. Otherwise, the theatre would be closed for a period of no less than 110 days.
There is no MBE/HUB participation on this project as Mr. Lange will not subcontract any work
on this project.
The balcony project will commence on November 12, 2013 and be completed no later than March
1, 2014.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to Lange Brothers
Construction, Inc., of Port Arthur, Texas, in the amount of $146,342, plus $14.50 per sq.
ft. for plaster repair for the Jefferson Theatre Balcony Repair Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Lange Brothers Construction, Inc., of Port Arthur,
Texas, for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
October, 2013.
- Mayor Becky Ames -
3
October 22,2013
Consider a resolution authorizing eminent domain proceedings to acquire property located at 4730
Avenue A for the Avenue A Improvement Project
BIC H WITH OPPORTUNITY
r
T . E . X . A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 22, 2013
REQUESTED ACTION: Council consider a resolution authorizing eminent domain
proceedings to acquire property located at 47')0 Avenue A for the
Avenue A Improvement Project.
BACKGROUND
As part of the Avenue A Improvement Project, eleven (11) parcels of land from West Cardinal
Drive to West Virginia Street need to be acquired. This is the final piece of property to be
presented to City Council that is needed for the project. The subject property was appraised by
Bishop Real Estate Appraisers as described:
0.014 acre of land, situated in the J.W. Bullock Survey, Abstract No. 7
(4730 Avenue A) Value: $3.100.00
Owners: James and Patsy Boles
Staff has made several contacts with the owners in an attempt to negotiate the acquisition of the
property. The owners of the property have refused to accept the appraised value for their
property.
Since the owners have refused to sell the property to the City for the appraised market value, it is
necessary to initiate proceedings in eminent domain to acquire the property. In order to
authorize the exercise of eminent domain to acquire property, a specific motion and record vote
is necessary.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the City Council of the City of Beaumont deems it necessary that the
property described below be acquired for the Avenue A Street Improvement Project; and,
WHEREAS, the City Council has found that a public necessity exists requiring the
hereinafter described property:
0.014 acre of land, situated in the J.W. Bullock Survey,
Abstract No. 7
Address: 4730 Avenue A
Appraised Value: $3,100.00
Owners: James and Patsy Boles
and,
WHEREAS, the City Council deems it necessary to acquire the hereinafter
described interests in and to the above described property for the Avenue A Street
Improvement Project and has found and determined that said interests in and to the above
described land is suited for such uses and that it is necessary to acquire same for said
uses by the use of the power of Eminent Domain; and,
WHEREAS, the City of Beaumont, through its duly authorized representatives, has
negotiated in good faith with the owners of the hereinafter above described land and has
been unable to agree with the owners of such property as to the fair market value thereof
and damages, if any, and further negotiations for settlement have become futile and
impossible;
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 and directed to file or cause
to be filed against the owners of the above described parcel of land, and all claimants of
any interest therein, proceedings in Eminent Domain to acquire fee simple title in and to
the said parcel of land described in Exhibit "A" and shown on Exhibit "B," attached hereto
and made a part hereof, the parcel of land being situated in Beaumont, Jefferson County,
Texas for the public use of locating, constructing, widening and maintaining Avenue A, a
street in Beaumont, Jefferson County, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
October, 2013.
- Mayor Becky Ames -
K AEAP GINEERING
July 2009
Surveyor's Field Note Description: Tract 14—0.014 Acre Tract(602 Sq.Ft.)
BEING a 0.014 acre tract of land out of and a part of that certain James and Patsy Boles tract of land,
more fully described and recorded in Clerk's File No. 2003011399 of the Official Public Records of
Jefferson County, Texas, also being described as Lot 16A of the Re-Plat recorded in Volume 16, Page
389 of the Map Records of Jefferson County, Texas. Said 0.014 acre tract being situated in the J.W.
Bullock Survey, Abstract No. 7 and is more particularly described as follows:
Note: All bearing noted herein are referenced to the State Plane Coordinate System, Texas South
Central Zone, NAD 83. All distances noted herein are surface distances in U.S. Survey Feet.
BEGINNING at a 5/8-inch iron rod found for the common Southeasterly corner of said Boles tract and
said Lot 16A, same being the common Northeasterly corner of that certain Ronald Charles Phillips tract,
more fully described and recorded in Clerk's file No. 2004014254 of said Official Public Records and Lot
16B, same being in the existing Southwesterly right-of-way line of Avenue "A";
THENCE South 59 deg. 10 min. 09 sec. West along and with the common Southeasterly line of said
Boles tract and said Lot 16A, same being the common Northwesterly line of said Phillips tract and said
Lot 16B, a distance of 7.92 feet to a 5/8-inch iron rod with cap stamped "LEAP ENG" set for the
Southwesterly corner of the herein described 0.014 acre tract;
THENCE North 31 deg. 02 min. 36 sec. West along and with the Southwesterly line of the herein
described 0.014 acre tract a distance of 77.63 feet to a 5/8-inch iron rod with cap stamped "LEAP ENG"
set for the Northwesterly corner of the herein described 0.014 acre tract, same being in the common
Northerly line of said Boles tract and said Lot 16A, same being in the Southerly line of that certain
Followers of Christ Deliverance Ministries called 0.24 acre tract of land, more fully described and
recorded in Clerk's File No. 9535750 of said Official Public Records, from which a 1-inch iron pipe
found for the common Northwesterly comer of said Boles tract and said Lot 16A bears South 86 deg. 03
min. 20 sec. West a distance of 145.05 feet;;
THENCE North 86 deg. 03 min. 20 sec. East along and with the common Northerly line of said Phillips
tract and said Lot 16B, same being the Southerly line of said Followers of Christ called 0.24 acre tract, a
distance of 9.01 feet to a point for the common Northeasterly corner of said Boles tract and said Lot 16A,
same being the Southeasterly corner of said Followers of Christ called 0.24 acre tract, same being in the
Southwesterly right-of-way line of said Avenue "A";
THENCE South 30 deg. 57 min. 48 sec. East along and with the common Northeasterly line of said Boles
tract and said Lot 16A, same being the Southwesterly right-of-way line of said Avenue "A" a distance of
73.55 feet to the PLACE OF BEGINNING, containing 0.014 acre (602 sq. ft.) of land, more or less.
y D. Russell
Registered Professional Land Surveyor No. 5808 -
Page 1 of 1
LEAP Engineering LLC 550 Fannin St, Suite 510,Beaumont, TX 77701 Tel:(409)813-1862 Fax:(409) 813-1916
EXHIBIT "A"
Followers of Christ Quo °nom
Deliverance Ministries 0,
(Called 0.24 Acres) P
C.F. No. 9535750 '0
O.P.R.J.C. -i
N 86°03'20" E 9.01'
Fnd. 1"
Iron Pipe
W 145.05' Set 5/8" Iron
5 86 03'20" Rod Marked
'Leap Eng
0.014 Acres
602 Sq. Ft.
3 ' O;O a. �O 9ro.
6,
s
d s
(� C Wood 5�
Residence 3
o e
S 59°11 W 7.92'
4=1 Set 5/8" Iron
00 0 Rod Marked
'O 'Leap Eng." P•O•B
Fnd.
Iron Rod Rod
DJames and Patsy Boles
C.F. No. 2003011399
O.P.R.J.C.
(Called Lot 16A of Block 16
Annie T. Warren Sub.)
Vol. 16, Pg. 389
M.R.J.C.
as o0
o r
e 'a'
a
P
0
Ronald Charles Phillips '
C.F. No. 2004014254
O.P.R.J.C.
(Called Lot 16B of Block 16
Annie T. Warren Sub.)
Vol. 16, Pg. 389
M.R.J.C.
Note: All Bearings Shown Hereon
- Are State Plane, Texas South Central
Zones. NAD 83: All Distances Shown
Are Surface U.S. Survey Feet.
Revised-02/22/13
LEL EAP 550 Fannin St,Suite 510
Beaumont,Texas 77701
ENC+/NEER/N6 Tel:(409)813-1862
- C Fax:(409)813-1916
\ CLIENT
2ti1�� City of Beaumont
Legend �'� PROJECT LOCATION
G Found Iron Rod Parcel Plat Tract 14 Proposed R.O.W.of Avenue A
Showing a CITY I COUNTY STATE
Found Iron Pipe 0.014 Acre Tract of Land Beaumont I Jefferson Texas
Found Concrete Monument For The Proposed New SITE ADDRESS:Avenue A
Avenue A R.O.W. DATE JOB NUMBER FIELD BOOK SCALE
Set " Iron Rod 07/2009 002-1008 011/076 1-=20'
Markeed d Leap Eng."
EXHIBIT "B ()AI!rights reserved.This plat may not be reproduced In whole
or in part without the written consent of LEAP Engineering LLC.
4
October 22, 2013
Consider an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s
proposed rate increase to January 28, 2014
RICH WITH OPPORTUNITY
[I 11L A.11 1�1 C1 I "(
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: October 22, 2013
REQUESTED ACTION: Council consider an ordinance authorizing the suspension
of the effective date of Entergy Texas, Inc.'s proposed rate
increase to January 28, 2014.
BACKGROUND
On September 25, 2013, Entergy Texas, Inc. (Entergy)filed its Statement of Intent with the cities
in its service area requesting an annual base rate increase of$38.6 million representing an overall
increase of 4.93%in revenues. Additionally,Entergy is requesting two limited term riders to recover
approximately $3.12 million in rate case expenses and a rough production cost equalization
adjustment rider to recover approximately $11.4 million from its retail customers. The total
requested increase for the first year is $53.1 million or 6.78%. The annual proposed increase in
revenues from residential customers is $7.8 million. If approved, the proposed base rate increase
would result in a monthly increase of$1.89 for an average residential customer using 1,000 kWh
hours per month.
The City of Beaumont retains exclusive original jurisdiction over electric utility rates and is
responsible to ensure that each rate an electric utility provider requests and/or receives is just and
reasonable. In order to make such a determination, it is necessary that the request be evaluated. A
decision in that regard must be made on or before October 30,2013. If a timely determination is not
made, or the effective date is not suspended, the rate increase proposed by Entergy would go into
effect by operation of law. Pursuant to Public Utility Regulatory Act, Tex. Util. Code §36.108,
municipal regulatory authorities may suspend the rate change proposed by a utility up to 90 days
after the date the rate change would otherwise be effective.
The proposed ordinance authorizes the suspension of the effective date of the requested increase to
January 28,2014. This would allow sufficient time for the City to j oin with other steering committee
cities in the Entergy service area to review the rate filing package in order to make a determination
as to whether the request is just and reasonable. The ordinance also authorizes the hiring of the
Lawton Law Firm, PC and rate consultants to represent the interest of the City through the steering
committee and requires the steering committee to seek reimbursement from the utility company for
any rate case expenses incurred.
FUNDING SOURCE
The reasonable expenses associated with these cases will be reimbursable by the company as
provided for in the Public Utility Regulatory Act.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ORDINANCE OF THE CITY OF BEAUMONT, TEXAS
AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR
AN ADDITIONAL NINETY (90) DAYS BEYOND THE OCTOBER 30,
2013, EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS, INC.,
IN CONNECTION WITH ITS RATE INCREASE APPLICATION
ENTITLED "APPLICATION OF ENTERGY TEXAS, INC. FOR
AUTHORITY TO CHANGE RATES AND TO RECONCILE FUEL
COSTS", FILED ON SEPTEMBER 25, 2013; AUTHORIZING THE
HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE
CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY
LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS,
REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE
OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN
EFFECTIVE DATE
WHEREAS, on or about September 25, 2013 Entergy Texas, Inc. ("Entergy")
filed a Statement of Intent with the City to increase electric rates and implement tariff
riders and surcharges in the Entergy Service Area; and,
WHEREAS, Cities have exclusive original jurisdiction over the rates, operations
and services of an electric utility in areas in the municipality pursuant to the Public
Utility Regulatory Act §33.001(a); and,
WHEREAS, Public Utility Regulatory Act § 33.021 requires a local regulatory
authority to make a reasonable determination of rate base, expenses, investment and rate
of return and retain the necessary personnel to determine reasonable rates; and,
WHEREAS, the City's reasonable cost for regulatory expenses in ratemaking
proceedings shall be reimbursed by the electric utility under Public Utility Regulatory
Act § 33.023; and,
WHEREAS, given the complexity of the proposed rate increase and the need to
fully review the proposed base rate, riders, and fuel adjustments it is necessary to suspend
the effective date for implementing the proposed rates until at least January 28, 2014 in
order to allow the City's rate experts sufficient time to determine the merits of Entergy's
proposed rates; and,
WHEREAS, in order to maximize the efficient use of resources and expertise in
reviewing, analyzing, and investigating Entergy's $38.6 million base rate increase
request, Entergy's proposed surcharges and riders, and Entergy's proposed fuel
reconciliation, City's efforts will be coordinated with similarly situated municipalities
through the Entergy Texas, Inc. Cities Service Area Steering Committee; and,
WHEREAS, the City will join with other Entergy service area municipalities in a
steering committee in order to coordinate the hiring and direction of counsel and
consultants working on behalf of the steering committee and the City; and ,
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
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 effective date of Entergy's proposed rate increase, and the
proposed tariffs related thereto, is hereby suspended for an additional ninety (90) days
until January 28, 2014 in order to complete the review and investigation by City's
experts.
Section 3, The City is authorized to join with other municipalities as part of
the Entergy Texas, Inc. Service Area Steering Committee with the understanding that the
steering committee will provide direction and guidance to the lawyers who are
representing said cities.
Section 4. The City employs The Lawton Law Firm, P.C. to represent the
City with regard to the proposed rate increases and fuel reconciliation of Entergy before
local and state regulatory authorities and any court of law and authorizes counsel to
employ such rate experts as are recommended by the Cities' Steering Committee.
Section 5. The Steering Committee, shall review the invoices of the lawyers
and rate experts for reasonableness before submitting the invoices to Entergy for
reimbursement.
Section 6. City's legal representatives shall have the right to obtain additional
information from Entergy through the service of requests for information.
Section 7. Entergy shall reimburse the City, through the designated
representative city of the Steering Committee, for the reasonable costs of attorney and
consultant expenses related thereto, upon the presentation of invoices reviewed by the
Steering Committee.
Section 8. The meeting at which this Ordinance was approved was in all
things conducted in strict compliance with the Texas Open Meetings Act. Texas
Government Code, Chapter 551.
Section 9. This Ordinance shall become effective from and after its passage.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
October, 2013.
- Mayor Becky Ames -
ATTEST:
City Clerk
WORK SESSION
* Receive a demonstration of the GORequest
App for reporting city related issues
WORK SESSION
* Tour of the Athletic Complex; Tyrrell Park
and Cattail Marsh