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REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 10, 2014 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — June 3, 2014
* Confirmation of committee appointments
A) Authorize a payment to Jefferson County related to the renewal of an annual maintenance
agreement with Motorola
B) Authorize the City Manager to apply for and receive funding through the Edward Byrne
Memorial Justice Assistance Grant program and to execute an inter -local agreement with
the City of Port Arthur and Jefferson County
C) Authorize the City Manager to execute all documents necessary including a
Memorandum of Understanding between the City of Beaumont and the Jefferson County
Correctional Facility
RICH WITH OPPORTUNITY
r
T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Bart Bartkowiak, Chief Technology Officer () Q
June 10, 2014
0
REQUESTED ACTION: Council consider a resolution approving a payment to
Jefferson County for the renewal of an annual maintenance
agreement with Motorola in the amount of $200,709.07 for
use throughout the City of Beaumont.
BACKGROUND
The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments
throughout the City for daily communications. The purchase is exempt from competitive bidding
since it is available from only one (1) source having exclusive rights to maintain the radio
infrastructure. The maintenance agreement provides for constant monitoring of the radio system
and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when
required.
The 800 MHz radio system is shared with agencies throughout Hardin, Jefferson and Orange
counties. The annual cost of the maintenance contract is divided among all agencies by the
number of radios each agency has on the system. Total billing to the City of Beaumont was
reduced by a credit for costs incurred supporting the system during the past year.
FUNDING SOURCE
General Fund, Water. Solid Waste and Fleet.
RECOMMENDATION
Approval of resolution.
JEFFERSON COUNTY
1149 PEARL 7TH FLOOR
BEAUMONT, TX 77701
SERVICES PROVIDED FOR:
City of Beaumont
Attn: Bart Bartkowiak
801 Main
Beaumont, Tx 77701
800 MHz Radio System Annual Cost
5/1/2014 - 413012015. See attached for detail.
Credit for costs paid by City
1 Credit for costs paid by City on behalf of Jefferson
County
INVOICE
INVOICE DATEI 5/12/14
INVOICE NUMBER 1402
242,115.39 1 $242,115.39
(35,006.96)] (S35,006.96
(6,399.36)1 (6,399
200,709.07
$200,709.07
Questions concerning this invoice? MAKE ALL CHECKS PAYABLE TO: PAY THIS
Call: Mark Dubois JEFFERSON COUNTY AMOUNT
(409) 835 -8734 1149 PEARL 7TH FLOOR
BEAUMONT, TX 77701
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 approve payment of an invoice
in the amount of $200,709.07 to Jefferson County for the renewal of an annual
maintenance agreement with Motorola for support of the 800MHz radio system.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
June, 2014.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
IVL
r
C.
T E - X - A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
(,ItV Council
Kyle Hayes, City Manager
James P. Singletary, Chief of Police
June 10. 2014
REQUESTED ACTION: Consider approving a resolution authorizing the City
Manager to apply for and receive funding through the
Edward Byrne Memorial Justice Assistance Grant program
and to execute an inter -local agreement with the City of
Port Arthur and Jefferson County.
BACKGROUND
The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice
Assistance Grant program for the past eight years. The funding has been used to upgrade
technology through the purchase of computer hardware and software, purchase additional officer
safety equipment and to fund several community policing programs. Due to Jefferson County
being designated a disparate jurisdiction by the Department of Justicc, an inter -local agreement
must be filed with the joint application.
FUNDING SOURCE
The grant funds for 2014 total $121,604. The City of Beaumont will receive $70,341 for law
enforcement equipment at the Beaumont Police Department. The remainder of the funds will be
allocated to the Port Arthur Police Department ($3 ),022) and the Jefferson County Sheriff s
Office ($18,241). No matching funds arc required.
RECOMMENDATION
Approval of Resolution.
GMS Application Number 2014- H3183 -TX -DJ
Resolution No.
The State of Texas )(
County of Jefferson )(
City of Beaumont, Texas )( Know All by These Present
City of Port Arthur, Texas )(
Inter -Local Agreement
Between the County of Jefferson, Texas; City of Beaumont, Texas; and City of Port Arthur, Texas
2014 Edward Byrne Justice Assistance Grant (JAG) Program Award
This Agreement is made and entered into this day of 2014, by and between
The County of Jefferson, Texas acting by and through its governing body, the Commissioners
Court; the City of Beaumont, Texas acting by and through its governing body, the City Council;
and the City of Port Arthur, Texas acting by and through its governing body, the City Council,
witnesseth:
WHEREAS, each governing body, in performing governmental functions or in paying for the performance of
governmental functions hereunder, shall make that performance or those payments from current revenues
legally available to that party: and
WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all
parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the
performing party for the services or functions under this agreement: and
WHEREAS, the total funding allocation is $121,604; and the City of Beaumont, Texas, and the City of Port
Arthur, Texas, agree to provide Jefferson County, Texas $18,241 from the JAG award and the City of
Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows:
$70,341 to the City of Beaumont, Texas, and $33,022 to the City of Port Arthur, Texas.
WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, 'Texas,
believe it to be in their best interests to reallocate the JAG funds.
NOW THEREFORE, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port
Arthur, Texas agree as follows:
Section 1.
The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas
$18,241 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to
allocate the remaining funds as follows:
$70,341 to the City of Beaumont, Texas; and $33,022 to the City of Port Arthur, Texas
Section 2.
Jefferson County, Texas agrees to use the funding for the Technology Enhancement Program until 2017.
The City of Beaumont, Texas agrees to use the funding for the Technology Enhancement Program until
2017.
The City of Port Arthur, Texas agrees to use the funding for the Technology Enhancement Program until
2017
GMS Application Number 2014- H3183 -TX -DJ
Section 3.
Each party to this agreement will be responsible for its own actions in providing services under this
Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by
the other party.
Section 4.
The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.
Section 5.
By entering into this Agreement, the parties do not intend to create any obligations express or implied other
than those set out herein; further, this Agreement shall not create any rights in any party not a signatory
hereto.
Section 6.
The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting
for this JAG funding.
City of Beaumont, Texas
CITY MANAGER
City of Port Arthur, Texas
CITY MANAGER
Jefferson County, Texas
COUNTY JUDGE
"By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of
its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of
this document was conducted solely from the legal perspective of our client. Our approval of this document
was offered solely for the benefit of our client. Other parties should not rely on this approval and should
seek review and approval by their own respective attorney(s).
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
for the City of Beaumont in the amount of $121,604 from the Edward Byrne Memorial
Justice Assistance Grant Program for law enforcement equipment and programs; and,
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute an interlocal agreement to reallocate funds in the amounts of $33,022 to the
City of Port Arthur and $18,241 to Jefferson County.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
June, 2014.
- Mayor Becky Ames -
C
RICH WITH OPPORTUNITY
T • E • X • A • S City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: June 10, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute all documents necessary including a
Memorandum of Understanding (MOU) between the City
of Beaumont and Jefferson County Correctional Facility.
BACKGROUND
The City of Beaumont Public Health Department would like to enter into an agreement with
Jefferson County Correctional Facility whereas in the event of a Public Health Emergency in the
State of Texas, local and regional health and medical infrastructure and associated resources will be
quickly committed to providing the necessary supporting strategies of effective management and
distribution of the Strategic National Stockpile (SNS). The term of this MOU is five years from the
date of execution.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the 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 a Memorandum of
Understanding between the City of Beaumont and Jefferson County Correctional Facility
to provide the necessary supporting strategies of effective management and distribution
of the Strategic National Stockpile (SNS) in the event of a Public Health Emergency in the
State of Texas. Said Memorandum of Understanding 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 10th day of
June, 2014.
- Mayor Becky Ames -
MEMORANDUM OF UNDERSTANDING
Between
City of Beaumont
And Jefferson County Correctional Facility
This Memorandum of Understanding (MOU) between the City of Beaumont and Jefferson
County Correctional Facility witnesses that:
Whereas, the City of Beaumont is authorized to enter into agreements with other government
entities, the private sector, and private, non -profit entities to ensure an expedient, effective, and
coordinated response to any natural or man -made disaster; and
Whereas in the event of a Public Health Emergency event in the State of Texas, local and
regional health and medical infrastructure and associated resources will be quickly committed to
providing the necessary treatment and supporting strategies to effectively respond to a potential
evolving event or to support the response to an actual event;
Whereas the existing local and regional medical and health infrastructure will also be
compromised due to lack of adequate staff; equipment, and pharmaceutical support available due
to the impacts and demands of the event;
Whereas resources from the state, federal, and private sector will be quickly mobilized to
augment local and regional medical and health resources and support the effective management
and distribution of the Strategic National Stockpile (SNS);
Now therefore, the parties agree as follows:
A. Definitions:
o Push Site - During a public health emergency that requires preventive medications be
provided to large numbers of people, a Push Site is a facility within a jurisdiction that is
designated to either receive medication or to pick up medication in order to provide it to a
group of people who would otherwise have to travel to a point of dispensing (POD) to
receive the preventive medication. Push sites must have medical or pharmacy personnel
and volunteers capable of providing the preventive medications to the facility population,
staff, and others as locally determined.
• RSS Push Site — Receives medications directly from the State RSS warehouse
facility.
• Local Push Site -- Picks up medications from a pre - determined site away from the
general public. May receive a delivery of the medications from the initial
delivery site, IF such delivery plans have been made by the local health
department or Health Service Region.
EXHIBIT "A"
B. Use of Facility and staff:
o As a Local Push Site, Jefferson County Correctional Facility agrees to send designated
staff to a pre - determined location that has been agreed to by the City of Beaumont and
Jefferson County Correctional Facility, to pick up the SNS materials, supplies, antibiotics,
and/or vaccines. Jefferson County Correctional Facility agrees to provide the City of
Beaumont with names and identifying information of those staff who are designated to
pick up the SNS materials, supplies, antibiotics, and/or vaccines.
o As a Local Push Site, Jefferson County Correctional Facility agrees to make arrangements
to provide security escorts for their staff if appropriate and available.
o If the City of Beaumont has developed a plan for delivery of SNS materials, supplies,
antibiotics, and/or vaccines from its initial delivery point to the Local Push Site, Jefferson
County Correctional Facility agrees to provide the personnel and equipment necessary to
unload the delivery vehicle and move the SNS materials inside its facility.
C) Jefferson County Correctional Facility agrees to provide the City of Beaumont, with the
estimated total number of people (adults and children) who will receive preventive
medications at Jefferson County Correctional Facility so that an appropriate amount of
SNS material may be ordered.
c; Jefferson County Correctional Facility agrees to be responsible for maintaining the
physical security and integrity of the SNS materials received and to comply with the
handling instructions provided by the City of Beaumont.
o Jefferson County Correctional Facility agrees to return unopened, unused antibiotics
and /or vaccine to the City of Beaumont.
o Jefferson County Correctional Facility agrees to use the Health History forms provided by
the City of Beaumont and to submit copies of the completed Health History forms to the
City of Beaumont following the public health emergency.
o Jefferson County Correctional Facility agrees to develop a detailed plan and /or Standard
Operating Guideline for providing preventive medications to its population, staff, and
others during a public health emergency that requires preventive medications be provided
to large numbers of people in the jurisdiction where Jefferson County Correctional
Facility is located and further agrees to allow the City of Beaumont to review its plan
and /or Standard Operating Guideline.
C. City of Beaumont:
o The City of Beaumont agrees to ship preventive medications for Jefferson County
Correctional Facility to the pre - designated location where staff of Jefferson County
Correctional Facility, a Local Push Site, will pick up the materials, based on the
apportionment and pre - determined, estimated number of people (children and adults) to
receive preventive medication at Jefferson County Correctional Facility.
o The City of Beaumont agrees to provide training on mass dispensing /mass vaccination to
Jefferson County Correctional Facility medical or pharmacy personnel and other staff and
volunteers, prior to a public health emergency, if the training is requested.
o The City of Beaumont agrees to provide instructions and standing delegation orders to
Jefferson County Correctional Facility.
o The City of Beaumont agrees to provide Health History forms to Jefferson County
Correctional Facility and to accept completed Health History forms from Jefferson
County Correctional Facility following the public health emergency.
o The City of Beaumont agrees to receive unopened, unused antibiotics and /or vaccine
from Jefferson County Correctional Facility following the public health emergency.
D. Contact Information:
o Jefferson County Correctional Facility agrees to provide the City of Beaumont with the
appropriate facility 24 -hour per day 7 -day per week contact information, and update this
information as necessary.
o The City of Beaumont agrees to provide Jefferson County Correctional Facility with the
contact information of those who are authorized to notify Jefferson County Correctional
Facility in the event of an emergency requiring the use of Jefferson County Correctional
Facility as a Push Site.
E. Confidentiality: To the extent allowed by the law, the Parties agree that they will not
disclose this agreement and that the subject matter of this agreement is sensitive and confidential.
This document is maintained by or for a governmental entity for the purpose of responding to an
act of terrorism and relates to a tactical plan of governmental providers and thus should be
confidential under Government Code §418.176(a)(2).
F. Duration of Agreement: The term of this MOU is five years from the date of the initial
agreement. Renewal for additional one year terms shall be automatic unless one party terminates
as provided in section 1-1.
G. Program Review: A review will be conducted following a disaster event or within a six -
month period after the effective date of this agreement. Any mutually agreed upon adjustments
to this agreement will be made at that time. At the end of the five years, and if it is mutually
desired, this agreement may be negotiated for a longer term. Any changes at the facility that
may impact the execution of this agreement will be conveyed to the primary contacts to this
agreement, identified below, or their designees, as soon as possible.
H. Amendments: This agreement may be amended at any time by signature approval of the
parties signatory hereto, or their respective designee.
I. Termination of Agreement: Any Party may unilaterally withdraw at any time from this
MOU, except as stipulated above, by transmitting a signed statement to that effect to the other
Parties. This MOU and the public /private partnership created thereby shall be considered
terminated thirty (30) days from the date the non - withdrawing Party actually receives the notice
of withdrawal from the withdrawing Party.
I Primary Contacts: The Parties intend that the work under this MOU shall be carried out in
the most efficient manner possible. To that end, the Parties intend to designate individuals that
will serve as primary contacts between the Parties. The Parties intend that, to the maximum
extent possible and unless otherwise approved by the other Party, all significant communications
between the Parties shall be made through the primary contacts or their designees. The
designated primary contacts for each Party are:
City of Beaumont Jefferson County Correctional Facility
Sherry Ul
Public Health Director
950 Washington Blvd
Beaumont, Texas 77705
409 - 832 -4000
George Miller
Deputy Chief
5030 Hwy 69 S.
Beaumont, Texas 77705
409 - 626 -1012
K. Capacity to Enter into Agreement: The persons executing this Memorandum of
Understanding on behalf of their respective entities hereby represent and warrant that they
have the right, power, legal capacity, and appropriate authority to enter into this
Memorandum of Understanding on behalf of the entity for which they sign.
City of Beaumont
Kyle Hayes
Title: City Manager
Date
Jefferson County Correctional Facility
George' Miller
Title: Deputy Chief
Date
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T- E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS .JUNE 10, 2014 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 an election of Mayor Pro Tempore
2. Consider approving an ordinance adopting gaming site regulations and licensing
3. Consider approving a resolution authorizing the City Manager to enter into a
financing agreement with Wells Fargo Bank
4. Consider approving a resolution authorizing the purchase of two backhoes with
pavement breakers from Mustang Cat, Inc. of Houston for use by the Water Utilities
Department
PUBLIC HEARING
* Receive comments on a proposal to establish a Reinvestment Zone located in the
southeastern area of the city which includes property from the Neches River to West
Port Arthur Road
5. Consider approving an ordinance establishing the Reinvestment Zone for the purpose
of offering economic incentives
COMMENTS
* Councilmembers /City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
Consider matters related to the purchase, exchange, lease or value of real property
in accordance with Section 551.072 of the Government Code, to wit:
625 Orleans Street, Hotel Beaumont
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.
June 10, 2014
Conduct an election of Mayor Pro Tempore
Article 1I1. 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 10th day of
June, 2014.
- Mayor Becky Ames -
z
June 10, 2014
Consider approving an ordinance adopting gaming site regulations and licensing
RICH WITH OPPORTUNITY
r A,, 11 1�1 C1 11
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 10, 2014
REQUESTED ACTION: Council consider an ordinance adopting gaming site
regulations and licensing.
BACKGROUND
In a work session held on May 13, 2014 the City Attorney's office discussed the adoption of a
Gaming ordinance. Over the past several months the City Attorney's office, together with the
Beaumont Police Department, has worked to develop a gaming ordinance applicable for the City
of Beaumont. The purpose of this ordinance is to regulate legitimate gaming businesses through
licensing and permits.
There are approximately 40 gaming sites operating in the City of Beaumont. 60% of these
locations do not have the appropriate licenses or permits required by the City and /or state. The
ordinance will enact permitting procedures, require visible signage, and compliance with the
ordinance will also allow routine inspections by police and other city agencies; such as building
codes and the fire department. The ordinance will also prohibit the operation of a gaming site
within 300 feet of a church, hospital or school.
Gaming machines maintained for personal use, charitable, benevolent, educational, and religious
organizations are expressly exempt under this ordinance, as well as machines used solely for the
amusement of children.
This ordinance is enabled by the Texas Occupations Code and meets the State Comptroller's
standards.
BUDGETARY IMPACT
None.
RECOMMENDATION
Approval of resolution.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS, BY ADDING ARTICLE 6.10
PROVIDING FOR THE LICENSING AND PERMITTING OF GAMING SITES
AND GAMING MACHINES BEING OPERATED IN THE CITY OF
BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE
DATE
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 6 of the Code of Ordinances be and the same is hereby amended by
adding a new Article 6.10 to read as follows:
ARTICLE 6.10 GAMING
Whereas, the necessity of this ordinance is to protect the public safety, health and
welfare of the citizens of the city of Beaumont; and,
Whereas, the City of Beaumont recognizes the Texas OCC Code Chapter 2153
provides facilities housing coin operated machines must be licensed by the State
Comptroller of Public Accounts and comply with state regulations; and,
Whereas, Section 2153.451 of the Texas OCC Code specifically authorizes a
municipality to impose an occupational tax on coin operated machines in this state; and,
Whereas, the Police Department has discovered there are gaming sites within the
city which operate in violation of state law providing for the permitting and licensing of coin
operated machines in this state.
Division 1. Generally
Sec. 6.10.001 Definitions.
For the purposes of this Article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
Applicant. The applicant is the intended operator, occupant or owner of the gaming site
and /or gaming machines.
City Manager. The City Manager of the City of Beaumont or the designated representative
of the City Manager.
Chief Building Official. The Chief Building Official for the City of Beaumont or the
designated representative of the Chief Building Official.
Church. A building, in possession of a certificate of occupancy, in which persons regularly
assemble for purposes of religious worship, intended primarily for purposes connected with
such worship or for propagating a particular form of religious belief.
Coin Operated Machine. Any kind of machine or device operated by or with a coin or other
United States currency, metal slug, token, electronic card, or check including a skill or
pleasure coin operated machine.
Fire Chief. The Chief of the City of Beaumont Fire Department or the designated
representative of the Chief of the Fire Department.
Gaming Machine. Any coin operated machine or electronic, electromechanical or
mechanical contrivance designed, made, and adopted solely for bona fide amusement
purposes if the contrivance rewards the player exclusively with non -cash merchandise
prizes, toys, or novelties, or a representation of value redeemable for those items, that
have a wholesale value available from a single play of the game or device of not more than
ten (10) times the amount charged to play the game or device once or $5.00, whichever
is less. Not included in this definition is a machine used only for entertainment purposes,
as entertainment is defined in §372.1701 of the Texas Administrative Code.
Gaming Site. Any location that displays, exhibits, or maintains for public patronage –
through general admission or membership— any game machine.
Hospital. A building, in possession of a certificate of occupancy, where the primary
function is to provide medical and /or surgical treatment to sick or injured people and as
defined by the Texas Occupations Code Chapter 241.
Occupant. An individual who occupies or exercises direct control of the premises where
a gaming site is located.
Operator. The manager or other natural person principally in charge of the gaming site.
Owner. An individual who has an ownership interest in the premises of the gaming site or
receives an economic or monetary benefit from the gaming site.
Permit. A current, valid permit issued by the City Manager pursuant to the terms of this
Article to an operator of a gaming site.
Permit Holder. A person who has been issued a valid permit pursuant to this Article.
Police Chief. The Chief of Police of the City of Beaumont Police Department or the
designated representative of the Chief of Police.
School. A building, in possession of a certificate of occupancy, where persons regularly
assemble for the purpose of instruction or education together with the playgrounds, stadia
and other structures or grounds used in conjunction therewith. The term is limited to:
(1) public and private schools used for primary or secondary education, in which any
regular kindergarten or grades one through 12 classes are taught; and
(2) special educational facilities in which students who have physical or learning
disabilities receive specialized education in lieu of attending regular classes in
kindergarten or any of grades one through 12.
Skill or Pleasure Coin Operated Machine. Any kind of coin operated machine that
dispenses, or is used or is capable of being used to dispense or afford, amusement,
skill, or pleasure, or is operated for any purpose, other than for dispensing only
merchandise, music, or service. This includes:
(1) a marble machine, marble table machine, marble shooting machine, miniature
racetrack machine, miniature football machine, miniature golf machine,
miniature bowling machine, billiard or pool game, or machine or device that
dispenses merchandise or commodities or plays music in connection with or in
addition to dispensing skill or pleasure; and
(2) does not include an amusement machine designed exclusively for a child.
Sec. 6.10.002 Declaration of findings.
The necessity of the public interest forthe provisions and prohibitions hereinafter contained
and enacted is declared as a matter of legislative determination and public policy, and it
is further declared that the provisions and prohibitions contained in sections 6.10.001
through 6.10.021 are in the furtherance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare and prosperity of the city and its
inhabitants.
Division 2. Permits
Sec. 6.10.003 Permit.
(a) It shall be unlawful for any operator, occupant or owner of the gaming site to
display, exhibit, or maintain for public patronage, or otherwise keep for operation by
the public, any gaming machine without first obtaining a permit issued under the
terms and conditions of this Article.
(b) It shall be unlawful for any operator, occupant or owner of the gaming site to
operate any gaming site located within the city unless the permit issued for that site
is posted at or near the principal public entrance to the gaming site in such a
manner that it will be conspicuous to patrons who enter the gaming site.
(c) In any prosecution under subsection (a) above, it shall be presumed that there was
no permit at the time of the alleged offense, unless a permit was then and there
posted as provided in subsection (b).
(d) A machine that provides the possibility, probability and /or certainty of dispensing a
non -cash prize, toy or novelty with a value of not more than ten (10) times the
amount charged to play the game or device once, or $5.00, whichever is less at the
time of play, but does not allow the player to amass or accumulate points, tokens
or any other method to accumulate credits towards larger or greater value non -cash
merchandise prizes, toys or novelties is exempt from the requirements of this
Article.
Sec. 6.10.004 Signage.
(a) Notwithstanding section 28.04.003 of the Code of Ordinances or any other city
ordinance, code or regulation to the contrary, it shall be unlawful for the operator,
occupant or owner of a gaming site not to clearly identify the site with a sign as
required by this Article.
(b) The sign displayed should be one provided by the City with a white background with
black Arial font lettering of 1.5 inches.
(c) The sign must clearly read "GAMING SITE" and may not include any
advertisements.
Sec. 6.10.005 Machine registration requirements.
Gaming machines, as defined in this Article, shall be registered as follows:
(a) The permit holder, owner, or operator is required to maintain on its gaming site a
complete inventory, along with serial numbers or equivalent identification, as set
forth in subsections (d) and (e) below at all times. The initial application for permit
shall include a certificate of the inventory, along with serial numbers or equivalent
identification, as set forth in subsections (d) and (e) below, of the machines that the
permit holder intends to put into operation when the gaming site begins its business
activities.
(b) Each renewal permit application shall contain a certificate of inspection of updated
inventory, along with serial numbers or equivalent identification, as set forth in
subsections (d) and (e) below, of the gaming machines that the permit holder
intends to put into operation when the gaming site begins its business activities
under the renewal license.
(c) Before a new gaming machine is put into operation at the gaming site, the permit
holder shall notify the Chief of Police of the addition of the machine to the inventory
and update its inventory accordingly.
(d) Upon review of the inventory of machines under subsections (a), (b) and (c) above,
the Chief of Police shall enter each machine into the gaming machine registry that
the City shall create. For each machine registered, the City Manager shall cause to
be issued and delivered to permit holder for each machine within seven (7) days of
the notification required under subsection (c) a numbered metal or plastic decal.
The registration decal for each machine shall be permanently affixed thereto and
in plain view at all times. Registration decals are not transferable. The failure of any
machine to display a current registration decal shall be a violation of this section and
subject to enforcement action by the City.
(e) The inventory of machines under subsections (a), (b) and (c) above shall provide
the following information: the manufacturer(s); the serial number(s); common name,
type or description of the game played on the machine. The registration decal shall
contain the inventory number of the machine.
Sec.6.10.006 Application; term.
(a) A permit issued under this Article does not vest any property rights in the applicant
or permit holder; except to display, exhibit, or maintain for public patronage the use
of any gaming machines in accordance with the terms and conditions of this Article.
(b) A gaming permit is non - transferable and non - refundable.
(c) A permit shall be issued for a twelve (12) month term beginning on the date of
issuance.
(d) Any false statement made by an applicant on the application shall subject the permit
to immediate suspension pending revocation and the applicant may be prosecuted
as a violation of section 37.10 of the Texas Penal Code (tampering with
governmental records), a third degree felony.
(e) An application for permit shall be made by the intended owner or operator of the
gaming site.
(f) The application shall be submitted with a two hundred dollar ($200.00) processing
fee to the City Manager on a form provided by the City for such purpose. The
application must be completed for each location sought to be permitted. The
following information is required in the application:
(1) Name, address, and telephone number of the applicant, including the trade
name by which applicant does business and the street address of the proposed
gaming site, and, if incorporated, the name registered with the Secretary of
State;
(2) Name, address, and telephone number of the operator of the gaming site to be
permitted;
(3) Number of gaming machines on the gaming site and serial number of each
machine;
(4) Whether a previous permit of the applicant, or, if applicable, a corporate officer
of the applicant, has been revoked within two (2) years of filing of the
application; and
(5) A statement that all the facts contained in the application are true and correct.
Sec.6.10.007 Renewal.
(a) An application for renewal must be submitted thirty (30) days before the expiration
date of the existing permit to the City Manager on a form provided by the City for
such purpose with a one hundred dollar ($100.00) processing fee.
(b) Applications for existing gaming sites submitted after the expiration date of the
previous permit will be considered and processed as a new applicant.
Sec.6.10.008 Grounds for denial or revocation.
(a) The City Manager shall refuse to approve the issuance or renewal of a permit or
shall revoke a permit for one or more of the following reasons:
(1) A false statement as to a material matter made in an application for a permit;
(2) Revocation of a permit, pursuant to this Article, of the applicant or corporate
officer of the applicant within two (2) years preceding the filing of the
application;
(3) The applicant or a co -owner for such permit has, within the past ten (10)
years, been convicted of a crime involving moral turpitude or gambling.
(d) The City Manager shall not issue or renew a permit under this Article and shall
suspend or revoke a permit if it is determined that the applicant or permit holder is
indebted to the City for any fee, costs, penalties, or delinquent taxes at the time of
application or renewal.
(e) The City Manager shall have the authority to deny or revoke all permits issued
under this provision for any violation of this Article by giving written notice, stating
the reason for denial or revocation, and same shall be cancelled ten (10) days from
the date of receipt of such notice.
(f) No permit shall be issued within a period of one (1) year to anyone whose permit
has been revoked, except at the discretion of the City Council.
Sec.6.10.009 Appeal from denial or revocation.
If the City Manager denies, refuses to approve the issuance of a permit or the renewal of
a permit to an applicant, or revokes a permit issued under this Article, this action is final
unless the applicant or permit holder, within ten (10) days after the receipt of written notice
of the action, files a written appeal to the City Council by delivering said notice to the City
Clerk setting forth specific grounds for the appeal. The City Council shall either hear the
appeal or select a hearing officer to preside over the appeal hearing. The City Council or
hearing officer shall within fourteen (14) days of the notice of appeal grant a hearing to
consider the action. 'The City Council and hearing officer have the authority to sustain,
reverse, or modify the action appealed. The decision of either the City Council or hearing
officer is final.
Sec. 6.10.010 Transfer of permit.
A permit issued under the provisions of this Article shall be specific to the site and personal
to the holder thereof and shall not be transferable or assignable.
Sec. 6.10.011 Replacement permits or decals.
(a) A replacement permit shall be issued to the original applicant for one lost,
destroyed, or mutilated after a written application is submitted with a fee of fifteen
dollars ($15..00) to the City Manager on a form provided by the City for such
purpose.
(b) A replacement permit shall bear the same expiration date as the one it replaces.
(c) A new or replacement decal issued to a permit holder shall be fifteen dollars
($15.00).
Sec. 6.10.012 Occupation tax.
(a) Every permit holder who controls, possesses, exhibits, or displays, or who permits
to be exhibited or displayed in the city for public patronage or operation by the
public, any gaming machine shall pay, and is hereby levied on each such gaming
machine, except those exempt under this Article, an annual occupation tax in the
amount equal to one -fourth (1/4) of the current state occupation tax. All occupation
taxes for gaming machines are payable annually in advance. The fee for issuing a
replacement occupation tax receipt for one lost, destroyed or mutilated shall be
fifteen dollars ($15.00).
(b) Since the tax is payable in advance on an annual calendar year basis, the following
pro rata tax rate schedule will be applicable to a gaming machine which is first
exhibited or displayed for commercial use within the city during any quarter of the
calendar year:
(1) First quarter: January 1 to March 31 - an amount equal to the applicable local
annual occupation tax;
(2) Second quarter: April 1 to June 30 - an amount equal to three - quarters (3/4)
of the applicable local annual occupation tax;
(3) Third quarter: July 1 to September 30 - an amount equal to one -half ('/2) of
the applicable local annual occupation tax; and
(4) Fourth quarter: October 1 to December 31 - an amount equal to one - quarter
(1/4) of the applicable local annual occupation tax.
In computing any tax payable under the aforesaid pro rata tax rate schedule,
amounts calculated thereunder shall be rounded to the next higher full cent amount as
required.
Division 3. Inspections
Sec.6.10.013 Inspections; compliance.
(a) The gaming site shall conform to all zoning ordinances, building codes and fire
prevention codes of the City and comply with all federal, state and local ordinances
and regulations relevant to the operations of a gaming site or gaming machine.
(b) The Fire Chief, the Chief Building Official, all law enforcement, or code enforcement
officials shall have the right to immediate access to the area of the gaming site
where such machines are located at any time during normal business hours or
when the site is occupied for the purpose of inspecting said gaming site and
enforcement of the terms of this Article and state law.
(c) An owner, operator, occupant, or any person who does not allow immediate access
to the area of the gaming site where such machines are located to officials for the
purpose of inspection or enforcement commits an offense.
Sec.6.10.014 Prohibited locations.
(a) No gaming sites shall be permitted to be placed within three hundred (300) feet of
any church, hospital or school.
(b) The measurement of the distance between the place of business and the church,
hospital or school shall be determined by measurements made in a straight line,
without regard to intervening structures or objects, from the nearest point on the
applicant's property line to the nearest point of the church, hospital or school
property line.
Sec.6.10.015 Responsibility of permit holder.
A permit holder hereunder shall not permit any of the following activities within the
permitted gaming site:
(a) The sale, purchase, possession or consumption of any alcoholic beverages as the
same is permitted by the Texas Alcoholic Beverage Code, unless the gaming site
is licensed under the provisions of said code and the ordinances of the City for the
sale, purchase, possession, or consumption of alcoholic beverages.
(b) The operation of any gaming machine by a person younger than twelve (12) years
of age except between the hours of 9 :00 a. m. and 10:00 p.m.
(c) The operation of any gaming machine by any person twelve (12) years of age or
older and under seventeen (17) years of age except between the hours of 9:00 a.m.
and 11:OOpm, Sunday through Thursday, and 9:00 a.m. and 12:00 a.m. (midnight),
Friday and Saturday.
Division 4. Enforcement
Sec. 6.10.016 Violations of existing laws not authorized.
Nothing herein shall be construed or have the effect to license, permit, authorize or legalize
any machine, device, table, or gaming machine, the keeping, exhibition, operation, display
or maintenance of which is illegal or in violation of any ordinance of the City, any section
of the Penal Code of this state, or the Constitution of this state.
Sec. 6.10.017 Penalties.
(a) It shall be unlawful for an owner, operator or permit holder to exhibit or display, or
permit to be exhibited or displayed for commercial use, any gaming machine which:
(1) Does not have properly attached thereto a decal evidencing payment of
applicable occupation tax and machine registration;
(2) Is located at any address or location other than the location listed for such
machine as shown in the records of the City; or
(3) Has affixed to it a decal other than the decal issued for such as shown in the
records of the City.
(d) Except as otherwise provided by this section, if it be shown that a person has
violated this Article, upon conviction, the defendant shall be punished by a fine of
not less than two hundred dollars ($200.00) nor more than one thousand dollars
($1,000.00).
(e) Upon second conviction for a violation of this Article, the defendant shall be
punished by a fine of not less than five hundred dollars ($500.00) nor more than one
thousand dollars ($1,000.00).
(f) Any violation charged pursuant to this section shall be independent of and may be
in addition to any administrative penalties which may be imposed regarding the
suspension, revocation or denial of any permit or license granted under this Article.
Sec. 6.10.018 Sealing machine for nonpayment; hearings.
(a) The Chief of Police shall seal, in a manner that will prevent further operation, any
gaming machine upon which the tax required by this Article has not been paid or upon
which the decal is not properly displayed. The owner or operator of any machine
subject to this Article shall be required to pay a fee equal to the maximum amount
permitted under §2153.453 of the Texas Occupations Code for the release of any
machine sealed, as provided herein, for nonpayment of the tax or for failure to
properly display the decal evidencing the payment of the tax and proper registration
of the machine. The current fee amount shall be five dollars ($5.00) for each sealed
machine. Upon proof of payment of the occupation tax provided for in section
6.10.012 of this Article, and the release fee, the Chief will remove the seal.
(b) Any owner desiring to contest the tax, fee, or penalty owed to the City to secure the
release of a sealed machine may request a hearing by delivering written notice to the
City Clerk setting forth the specifics of the challenge. The City Council shall either
hear the challenge or select a hearing officer to preside over the hearing. The City
Council or hearing officer shall within fourteen (14) days of the notice of challenge
grant a hearing to consider the action. The decision of either the City Council or
hearing officer is final.
Sec. 6.10.019 Penalty for removal of sealed machine.
It shall be unlawful to remove from the permitted site any machine that has been sealed
pursuant to section 6.10.018 of this Article. Whoever removes or causes to be removed
a machine that is sealed shall be guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than $100.00 and no more than $500.00.
Sec. 6.10.020 Injunctions.
(a) In addition to the fines and penalties provided in this Article, if it appears that a
person has violated or is violating or is threatening to violate any provisions of this
Article, the City Attorney may institute a civil suit in a court of competent jurisdiction
for injunctive relief to restrain the person from continuing the violation or threat of
violation.
(b) On application for injunctive relief and a finding that a person is violating or
threatening to violate any provision of this Article, the court shall grant such
injunctive relief as the facts may warrant.
Sec. 6.10.021 Strict enforcement; exemptions.
(a) All law enforcement personnel, inspectors, and other designated personnel shall
carry out the provisions of this Article and may issue citations for violations of this
Article. All law enforcement officers and representatives shall strictly enforce and
prosecute the provisions of this Article, and court officials shall see that this Article
receives strict interpretation and adjudication in a court of competent jurisdiction.
(b) A person in possession or control of a gaming machine is exempt from this Article
if:
(1) The gaming machine is maintained exclusively in a personal residence and
solely for personal use; or
(2) The gaming machine has been altered in such a way that it no longer
functions as a coin - operated machine and is not patronized for the purpose
of winning cash or cash value prizes; or
(3) The gaming machine is owned by, leased or rented to organizations
operated exclusively for charitable, educational, religious or benevolent
purposes. An organization with social or fraternal activities does not qualify.
(4) The gaming machines designed for and utilized exclusively by children are
expressly exempt from the tax levied in Division 2 hereof.
Section 8.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 9.
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
Section 10.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided for herein.
Section 11.
This ordinance shall be effective from and after August 1, 2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
June, 2014.
- Mayor Becky Ames -
e
June 10, 2014
Consider approving a resolution authorizing the City Manager to enter into a financing agreement
with Wells Fargo Bank
HICH WITH OPPORTUNITY
r
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION
BACKGROUND
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
June 10. 2014
Council consider a resolution authorizing the City Manager
to enter into a financing agreement with Wells Fargo Bank.
the FY 2014 Budget included bundling equipment and vehicle purchases for the Water Utilities
Department, Solid Waste Division, Fire Department and Public Works Department into one
financing agreement. 'The attached list shows the equipment and vehicles that have been
received, or ordered, or are still to be purchased. The estimated total is $4,629,070.87.
Financing terms and interest rates were solicited for five year and three year terms to finance up
to $5.000,000. Four responses were received including one financing agreement, two lease
purchase agreements and one general obligation bond at rates ranging from 1.02% to 1.56% for a
three year agreement and 1.45% to 1.77% for a five year term.
Wells Fargo, N.A. proposed a financing agreement structured in compliance with Texas Local
Government Code, Chapter 271, which allows the City to "execute, perform, and make payments
under a contract with any person for the use or the purchase or other acquisition of personal
property, or financing thereof' and to make payments "from a pledge of all or any part of any
revenues, funds, or taxes available to the governmental agency." The agreement is a term loan,
secured by a pledge of the net revenues in the Solid Waste Fund, within the limits provided by
law. This structure is i- avorable to the City as it relates to bond coverage requirements required
by outstanding bond covenants. Payments will be drafted automatically because they are the
City's depository bank. In addition, the City may prepay the loan without penalty at any amount
at any time. There are no closing fees and the rates are fixed at the rate per the bid subject to
closing on or before June 20, 2014.
JP Morgan Chase Bank, N.A., proposed a tax - exempt lease purchase agreement as allowed by
Chapter 271 of the Texas Local Govermment Code. This structure allows the City to take title to
the assets upon execution of the lease agreement, while the lessor retains a security interest in the
Financing Agreement
June 10, 2014
Page 2
assets during the contract. The lease is structured so that the full amount of the cost is amortized
for the lease period. The interest rate that Chase bid is fixed, however, the "final interest rate and
payment will be agreed to 3 days prior to closing; therefore it is subject to change. In addition,
Chase reserved the right to adjust the pricing proposed in order to maintain the anticipated
economic return as a result of a material adverse change. The lease may be prepaid without
penalty, in whole but not in part, prior to maturity after the initial 12 months from
commencement subject to 30 days prior written notice. In addition, there would possibly be use
of an escrow account with a fee of $1,500.
Bid tabulation is as follows:
After analyzing the bids and proposed financing agreements, it is in the best interest of the City
to enter into a financing agreement with Wells Fargo Bank, N.A. for a five year term at 1.46%.
The difference between 1.46% and 1.45% bid by Chase Bank is 1 basis point and amounts to
approximately $1,24' ) over the term of the financing.
FUNDING SOURCE
Annual debt service will be funded by the Wate r
the Solid Waste Fund in the amount of $346,213.
$ 173.106.96 for a total of $961,705.33 annually.
RECOMMENDATION
Approval of resolution.
Utilities Fund in the amount of $442,384.45,
92 and the Debt Service Fund in the amount of
Wells Fargo
JP Morgan Chase
Capital One
Commerce Bank
Clayton Holdings LLC
Terms
Three Year
1.04
1.02
1.29
1.56
Five Year
1.46
1.45
1.65
1.77
Y at 3rd day before
Fixed Rate
Y
closing
Y
Y
Closing
Date
June 20
July 1
June 20
June 23
I Financing
Lease Purchase
General Obligation
Lease Purchase
Type
Agreement
Agreement
Bond
Agreement
Other
$250 annual fee
After analyzing the bids and proposed financing agreements, it is in the best interest of the City
to enter into a financing agreement with Wells Fargo Bank, N.A. for a five year term at 1.46%.
The difference between 1.46% and 1.45% bid by Chase Bank is 1 basis point and amounts to
approximately $1,24' ) over the term of the financing.
FUNDING SOURCE
Annual debt service will be funded by the Wate r
the Solid Waste Fund in the amount of $346,213.
$ 173.106.96 for a total of $961,705.33 annually.
RECOMMENDATION
Approval of resolution.
Utilities Fund in the amount of $442,384.45,
92 and the Debt Service Fund in the amount of
RESOLUTION NO.
WHEREAS, bids were solicited for financing terms and interest rates for five (5) and
three (3) year terms to finance up to $5,000,000 for equipment and vehicle purchases for
the Water Utilities Department, Solid Waste Division, Fire Department and Public Works
Department as described in Exhibit "A" attached hereto; and,
WHEREAS, Wells Fargo Bank submitted a bid for a financing agreement at the
fixed interest rate of 1.46% for a five (5) year term; and,
WHEREAS, City Council is of the opinion that the bid submitted by Wells Fargo
Bank should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bid submitted by Wells Fargo Bank for a financing agreement at a fixed
interest rate of 1.46% for a five (5) year term to finance equipment and vehicle purchases
for the Water Utilities Department, Solid Waste Division, Fire Department and Public
Works Department, be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a financing agreement with Wells Fargo Bank for the purposes
described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
June, 2014.
- Mayor Becky Ames -
City of Beaumont
Purchase
Equipment and Vehicles to be Financed
Price
Received
FFire Pumper
$ 606,560.00
Dozer
654,000
16 yd Dump truck (2)
225,000
16yd Dump Truck
112,500
F150 Extended Cab (3)
66,773
F550 Crew cab flat bed (3)
146,084
Gooseneck trailer (3)
34,920
235 Takeuchi Mini Excavator (4)
172,530
F550 crew cab dump truck
51,732
Trailer _
11,295
1 16 CY dump Truck
112 500
Boring machine - currently leasing
106 005
Digger Derrick
224,008
Total Received
$ 2, 523, 907.50
_ Ordered
F450 (3)
151, 789
F450
50,831
F750 Dump Truck
f
79.769
1375 CFM Compressor
42,753
Pressure washer
9,536
j F450
50.831
3/4 Ton Truck (2)
69,500
=550 _
52.321
1-750
80,719
� 375 CFM Compressor
42.753
IPressure Washer
9,536
(Grapplers (4)
1,004,948
Total Ordered
$ 1,645,283.77
To Be Ordered (costs per quotes)
Backhoe
75,600
Concrete Breaker (2)
30,720
Mini Excavator - Takeuchi 145
43.168
Backhoe
75,600
10 Ton TT Winch on tracks
167.900
Mower
22,943
Two Additional Pickups
43,949
_ Total To Be Ordered
$ 459.879.60
Estimated Total
$ 4,629,070.87
EXHIBIT "A"
June 10, 2014
Consider approving a resolution authorizing the purchase of two backhoes with pavement breakers
from Mustang Cat, Inc. of Houston for use by the Water Utilities Department
RICH WITH OPPORTUNITY
IIIE'Ai[III[I
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
9
Laura Clark, Chief Financial Officer_,.
June 10, 2014
REQUESTED ACTION: Council consider a resolution approving the purchase of
two (2) backhoes with pavement breakers from Mustang
Cat, Inc. of Houston in the amount of $181.920 for use by
the Water Utilities Department.
BACKGROUND
The new backhoes will replace unit 5092 and unit 5089, purchased in 2005 and 2001
respectively. The new pavement breakers will replace units 5078A and 5092A, purchased in
2002 and 2005 respectively. All have become unreliable and uneconomical to maintain and have
reached the end of their useful lives. The old units will be disposed of according to the City's
surplus property disposal policies.
Pricing was obtained through the I Iouston- Galveston Area Council (H -GAC), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. II -GAC complies with State of Texas procurement
statutes.
Warranties of three (3) years or 5,000 hours are provided for each unit. Warranty service is
provided by the dealer.
FUNDING SOURCE,
Capital Reserve Fund — Financing to be obtained in fiscal year 2014 for the new equipment for
Water Utilities as well as multiple other pieces of equipment for various City departments.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of two (2) backhoes with pavement
breakers for use by the Water Utilities Department from Mustang Cat, Inc., of Houston,
Texas, in the amount of $181,920 through the Houston - Galveston Area Council (H -GAC)
Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
June, 2014.
- Mayor Becky Ames --
PUBLIC HEARING
* Receive comments on a proposal to establish
a Reinvestment Zone located in the
southeastern area of the city which includes
property from the Neches River to West Port
Arthur Road
5
June 10, 2014
Consider approving an ordinance establishing the Reinvestment Zone for the purpose of offering
economic incentives
[IEA,11�101IT4r,
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City" Manager
PREPARED BY: Chris Boone, L> I �
Director of Planning & Community Development
MEETING DATE: June 10, 2014
REQUESTED ACTION: Council conduct a public hearing to receive comments on a
proposal to establish a Reinvestment Zone and consider
approving an ordinance establishing the Reinvestment Zone
for the purpose of offering economic incentives.
BACKGROUND
Texas law allows cities to offer a variety of economic incentives for development and
redevelopment. Such incentives allow Beaumont to be competitive in attracting new
development as well as encouraging the expansion of existing industries. One important
incentive that a city can offer is a tax abatement, or the foregoing of taxes in exchange for
substantial capital investment and job creation.
By Texas law, governmental entities wishing to offer tax abatements must do so in accordance
with an adopted Tax Abatement Policy and the abatement must occur within an established
Reinvestment Zone. The City's Tax Abatement Policy was last approved in May, 2014 and is in
effect until 2016.
The City is proposing to establish a new Reinvestment Zone that would be located in the
southeastern area of the city, running from the Neches River, to West Port Arthur Road (see
attached map).
"The creation of the Reinvestment Zone would allow the City and Jefferson County to provide tax
abatements in this area. Once the Zone has been established, any abatement requests would be
presented to City Council for consideration.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE DESIGNATING AN AREA AS
THE GATSBY REINVESTMENT ZONE PURSUANT TO THE
TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT
(TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX
INCENTIVES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR REPEAL.
WHEREAS, the City of Beaumont endeavors to create the proper economic and
social environment to induce the investment of private resources in productive business
enterprises located in areas of the City; and,
WHEREAS, it is found to be feasible and practical and would be a benefit to the
land to be included in the zone and to the City of Beaumont after the expiration of any
agreement entered into pursuant to the Property Redevelopment and Tax Abatement Act;
and,
WHEREAS, the zone is for Commercial - Industrial tax abatement; and,
WHEREAS, the area being designated is reasonably likely as a result of the
designation to contribute to the retention or expansion of primary employment or to attract
major investment in the zone that would be a benefit to the property and that would
contribute to the economic development of the City of Beaumont; and,
WHEREAS, to further this purpose, it is in the best interest of the City of Beaumont
to designate the area described in Exhibit "A" and shown on Exhibit "B" as the Gatsby
Reinvestment Zone pursuant to the Texas Redevelopment and Tax Abatement Act (Texas
Tax Code, Chapter 312),
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted.
Section 2.
That the City Council hereby designates the area described in in Exhibit A and shown
on Exhibit "B," attached hereto and incorporated herein for all purposes, as the Gatsby
Reinvestment Zone (herein referred to as the "Zone ").
RPnfinn I
That the City Council finds that the Zone meets the criteria contained in the Texas
Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312).
Section 4.
That the City Council finds that the designation of the reinvestment zone would
contribute to retention or expansion of primary employment in the area and /or would
contribute to the attraction of major investments that would be a benefit to the property and
would contribute to the economic development of the municipality.
Section 5.
That the City Council may provide certain tax incentives applicable to business enterprises
in the Zone, which are not applicable throughout the city, as allowed for in the Act.
Section 6.
That the City Council has established certain guidelines and criteria governing tax
abatement agreements and is therefore eligible to participate in tax abatement.
Section 7.
That a public hearing to consider this ordinance was held by the City Council on
June 10, 2014.
Section 8.
That this ordinance shall take effect from and after its passage as the law and
charter provide.
Section 9.
That if any section, subsection, sentence, clause, or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 10.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 10th day
June, 2014.
- Mayor Becky Ames --
DESCRIPTION OF THE GATSBY REINVESTMENT ZONE
All bearings and coordinates are based on the Texas Coordinate System, South Central Zone,
(NAD 27).
BEGINNING at a 2''' iron pipe found for the most Southerly comer of the herein described
Gatsby Reinvestment Zone and a call 727.93 acre tract being a part of the same tracts as recorded
in Volume 1765, Page 220, Jefferson County Deed Records (J.C.D.R.); said "POINT OF
BEGINNING" being in the North line of McFaddin Canal No. 1.
THENCE, North 58 °01'45" West, at 695.32 feet pass a TXDOT concrete ROW monument with
aluminum disk found at the intersection. of the South ROW line of State Highway FM 3514, said
FM Highway 3514 being a perpetual road easement as recorded in File Number 9310194, Film
Code 104 -73 -1433, J.C.O.P.R., at 1273.69 feet pass a found TXDOT concrete ROW monument
in the North ROW line of said FM 3514, and continuing for a total distance of 2914.31 feet (call
North 54 °19'27" West, 2914.29 feet) to a found 2" iron pipe in concrete (Yount -Lee Oil Co.
monument), said monument being the most Easterly corner of a call 2.125 acre tract conveyed to
Amoco Pipeline Company as recorded in File Number 98- 9801168, Jefferson County Official
Public Records (J.C.O.P.R.);
THENCE, along the South line of said 2.125 acre tract, South 59 °03'22" West, 415.10 feet (call
62 °42'45" West, 414.70 feet) to a 5/8" iron rod found for the most Southerly corner of said
2.125 acre tract, said corner being in the Easterly ROW line of Union Pacific Railroad (formerly
T &NO RR), said corner being the Northwest corner of a call 8.203 acre tract as recorded in File
Number 98- 9821361, J.C.O.P.R.;
THENCE, along said Easterly ROW line of Union Pacific Railroad (100' wide), North
30 °56'59" West, 267.57 feet (call North 27 °14'47" West, 267.21 feet) to a3/4" iron pipe with cap
set for the Northwest or most Westerly corner of said 2.125 acre tract, from said 3/4" iron pipe a
found 1" iron pipe bears North 18'58'16" East, 1.62 feet;
THENCE, North 59 °03'22" East, at 278.71 feet (call 278.14 feet) pass a 2" iron pipe in concrete
(Yount -Lee Oil Co. monument) found for a corner of said 727.93 acre tract and said 2.215 acre
tract, and continuing for a total distance of 2191.91 feet (call 2191.00 feet) to a point in a found
fence corner post in concrete;
THENCE, North 30'49'18" West, at 8.80 feet pass a %z" iron rod with Amoco Production cap
found for reference, and continuing for a total distance of 3350.00 feet (call North 27 °06'49"
West, 3350.01 feet) to a point at a 2" iron pipe in concrete found destroyed;
THENCE, along the most Northwesterly line of said 727.93 acre tract, North 42'02'16" East, at
10.00 feet pass a 3/4" iron pipe with cap set for reference, and continuing for a total distance of
2306.14 feet (call North 45 °45'45" East, 2306.11 feet) to a I /2" iron rod with Amoco Production
cap found at the most Northerly corner of said 727.93 acre tract;
EXM1Blfi "A� � -�F
THENCE, North 42'02'16" East, 148.02 feet (call North 45 °45'45" East, 148.00 feet) to a found
1/2" iron rod with Amoco Production cap;
THENCE, along the Southwesterly line of a call 103.89 acre TEPPCO tract as recorded in File
Number 9006316, film Code 103 -07 -1160, J.C.O.P.R., South 52 °27'45" East, 1864.90 feet to a
3/4" iron pipe with cap set for the most Southerly corner of said 103.89 acre tract, from said 3/4"
iron pipe a found iron rod with Amoco Production cap bears North 24 °51'54" East, 4.99 feet;
THENCE, along the Southeasterly line of said 103.89 acre tract and a call 13.12 acre TEPPCO
tract as recorded in File Number 9006316, North 37'23'15" East, 2681.07 feet (call 2681.0 feet)
to a 3/4" iron pipe with cap set for the most Easterly corner of said 13.12 acre tract, said corner
being in the Southwesterly line of a Lower Neches Valley Authority (LNVA) 120 foot wide
canal easement as recorded in Volume 264, Page 489, J.C.D.R.;
THENCE, along the Northeasterly line of said 13.12 acre tract, same being the Southwesterly
line of said LNVA easement, North 52 °27'30" West, 1903.70 feet to a 3/4" iron pipe with cap set
for the most Northerly corner of said 13..12 acre tract;
THENCE, traveling in a Northerly direction approximately 365 feet to a 3/4" iron pipe with cap
set at the intersection of the Northerly line of said McFaddin Canal No. 2 with said GSU
Northeasterly line, said corner being the Southwest corner of the residue of a call 155.58 acre
tract as recorded in Volume 260, Page 233, J.C.D.R.;
THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of
said 155.58 acre tract, North 53 °05'46" East, 1098.05 feet to a set 3/4" iron pipe with cap;
THENCE, along the North line of said McFaddin Canal and the south line of said 155.58 acre
tract, North 61 °13'45" East, 400.24 feet to a 3/" iron pipe with cap set in the Westerly ROW line
of State Highway 69, 96 & 287 (343' wide), from said pipe an iron rod with plastic cap bears
North 46 °48'00" West, 6.73 feet;
THENCE, traveling in an Easterly Northeasterly direction approximately 335 feet to a 3/4" iron
pipe with cap set at the intersection of the Northerly line of said McFaddin Canal No. 2 with said
Easterly ROW line, said pipe being in the South line of the residue of said 155.58 acre tract;
THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of
said 155.58 acre tract, North 61 '1 3'45" East, 333.62 feet to a set 3/4" iron pipe with cap;
THENCE, along the North line of said McFaddin Canal and the South line of said 155.58 acre
tract, North 43 °42'38" East, 191.53 feet to a 3/4" iron pipe with cap set in the Westerly ROW line
of State Highway FM 347 (200' wide);
THENCE, traveling in a Northeasterly direction approximately 215 feet to a ' /z" iron rod found in
the Northeast ROW line of State Highway FM 347 (200' wide at this point);
THENCE, along the Northeast ROW line of said FM Highway 347, North 51 °42'49" West, at
15.5 feet pass a found concrete ROW monument, and continuing for a total distance: of 396.17
feet to a found TXDOT concrete monument with brass cap (disturbed);
THENCE, continuing, along the ROW line of FM Highway 347 (varying width), North
42 °14'32" East, 128.6.5 feet (call 126.76) to a set 3/4" iron pipe with cap;
THENCE, along the ROW line of FM Highway 347, North 63 °42'49" West, 230.38 feet to a set
3/4" iron pipe with cap, said point being the beginning of a curve to the right;
THENCE, 200.00 feet along said curve to the right in said ROW line, said curve having a radius
of 954.93 feet, a delta ol' 12 °00'00 ", and a chord bearing North 57 °42'49" West, 199.63 feet to a
point on a found 4" iron pipe fence post.;
THENCE, along the ROW line of said FM. Highway 347, North 51 °42'49" West, 101.62 feet to
a point on found 4" iron pipe fence post;
THENCE, North 43 °32'08" East, 1,187.75 feet (call North 47 °15'27" East) along the Southeast
line of a call 20.03 acre tract as recorded in File Number 97- 9731390, J.C.O.P.R. to a found 2"
iron pipe in concrete (Yount -Lee Oil Co. monument) said point being the East corner of said
20.03 acre tract, said point also being in the West line of the Kansas City Southern Railroad
(100' wide) as recorded in Volume 230, Page 58, J.C.D.R.;
THENCE, along the Southwest line of said Kansas City Southern Railroad, South 47 °48'03"
East, 1,002.54 feet (call South 44 °05'03" East), to a set 3/4" iron pipe with cap from which a
found %2" iron rod bears South 50 °27'20" West, 1.41 feet), said iron pipe being in the North line
of McFaddin Canal No. 2;
THENCE, along said North line and a Southeasterly line of a 24.05 acre tract as recorded in File
Number 2001014848, J.C.O.P.R., North 74 °23'22" East, approximately 10 feet to a 3/4" iron pipe
with cap found in the Southwesterly ROW line of said Kansas City Southern Railroad;
THENCE, North 77000'12" East, 121.79 feet to a 3/4" iron rod with cap set in the Northeasterly
line of said railroad;
THENCE, along said Northeasterly ROW line, North 47 °48'03" West, 54.29 feet to a 5/8" iron
rod (bent) found at the Southwest corner of a call 23.5505 acre tract as recorded in File Number
98814109;
THENCE, along the South line of said 23.5505 acre tract, North 83'25'16" East, 398.85 feet to a
2" iron pipe found at the Southeast corner of said 23.5505 acre tract, said corner being a corner
of a call 461.42 acre tract as recorded in File Number 2001014848, J.C.O.P.R.;
THENCE, North 47 °48'03" West, 2,715.70 feet (call North 44 °07'00" West, 2,713.75 feet)
along said Easterly line of said 23.5505 acre tract to a 1" iron pipe found for the most Westerly
corner of the herein described tract, said point being the most Southerly corner of a call 203.2524
acre tract as recorded in File Number 98- 9814111, said point also being in the East line of said
23.5505 acre tract:
THENCE, North 41 °56'47" East, 2,730.34 feet (call North 45 1138' East, 2,730.3 feet), to a found
%" iron rod;
THENCE, North 87 °2$34" East (call South 88 °55' East), at 464.63 feet, pass a found 3 -1/2"
aluminum pipe, at 876.09 feet pass a found 3 -1/2" aluminum pipe, at approximately 2200 feet to
a point for corner being the Southwest corner of a call 24.6091 acre tract described as Tract 128,
P. Humphreys Survey, Abstract 32 in the Jefferson County Tax Records.
THENCE, traveling in a Northerly direction along the West line of said 24.6091 acre tract
approximately 1005 feet to a point for corner,
THENCE, traveling in a, Westerly direction along the North line of said 24.6091 acre tract
approximately 750 feet to a point in the vegetation line of the Neches River,
THENCE, along with the meanders of the Neches River the following courses and distances:
Southeast approximately 570 feet to a point;
Southeast approximately 475 feet to a point;
South I4 °23'24" East, 479.93 feet to a point on the end of an existing bulkhead;
South 08 °41'51" East, 996.25 feet along an existing bulkhead to a point;
South 37 °26'52" West., 97.18 feet along an existing bulkhead to a point;
South 12 °03'07" East, 90.65 feet along an existing bulkhead to a point;
South 24 °41'26" West, 54.32 feet to a point on the end of said bulkhead;
South 05 °00'28" East, 263.95 feet to a point;
South 10 °22'26" East, 128.42 feet to a point;
South 86 °15'02" West, 27.20 feet to a point;
South 19 °11'28" West, 105.60 feet to a point;
South 31 °57'39" East, 60.57 feet to a point;
South 75 °59'58" East, 57.99 feet to a point;
North 89 °01'22" East, 91.42 feet to a point;
South 15 °36'54" East, 37.98 feet to a point;
South 23 °49'09" West, 39.63 feet to a point;
South 14 °25'57" West, 241.83 feet to a point;
South 36 °47'52" East, 46.54 feet to a point;
South 05 °09'24" East, 44.99 feet to a point;
South 31'53'1 1" East. 354.38 feet across a United States Maritime Commission channel to the
end of an existing bulkhead;
South 26'37'11" East, 226.69 feet to a point;
South 46 °41'09" East, 111.12 feet to a point;
South 79'45'19" East, 77.11 feet to a point;
South 43 °02'03" East, 123.25 feet to a point;
THENCE, departing the Neches River, South 03 °43'30" East, at 20.24 feet pass a %2" iron pipe
set for reference, and continuing for a total distance of 120.24 feet to a set 3/" iron pipe with cap;
THENCE, South 27 °36'31" West (call South 31 °20'02" West), along the North line of a Kansas
City Southern Railroad strip of land as recorded in Volume 230, Page 626, J.C.D.R., at 10.0 feet
pass a found 2" iron pipe, and continuing for a total distance of 1,428.00 feet to a point in deep
marsh;
THENCE, South 38 °38'59" West, 269.63 feet, (call South 42 °17'54" West, 270 feet) to a set 3/"
iron pipe with cap;
THENCE, South 86 °26' 16" West (call North 89'56'13" West), 148.00 feet to a found 2" iron
pipe in concrete (Yount -Lee Oil Co. monument);
THENCE, North 89 014'28" West, 102.67 feet (call North 85 °26'13" West, 103 feet) to a found
'' /2" iron rod;
THENCE, North 46 °5831" West, 455.46 feet (call North 43 °21'07" West, 455 feet) to a set 3/4"
iron pipe with cap;
THENCE, South 32 °20'56" West, at 3.60 feet pass a found '' /z" iron rod in concrete, and
continuing for a total distance of 685.34 feet (call South 36 °03'02" West, 684.74 feet) to a found
%" iron rod;
THENCE, continuing South 32 °20'26" West, approximately 840 feet, to a point for corner in the
Northeast ROW line of said State Highway FM 347;
THENCE, traveling in a Southwesterly direction approximately 105 feet to a point for corner
being the East corner of a 13.202 acre tract described as Tracts 5 -A & 5 -C, P. Humphreys
Survey, Abstract 32 in the Jefferson County Tax Records.
THENCE, traveling in a Southwesterly direction along the Southeast line of said 13.202 acre
tract approximately 1000 feet to a point being the most Southerly corner of said 13.202 acre tract
and the East ROW line of State Highway 69, 96 & 287;
THENCE, continuing Southwest along the same line 220 feet to a point in the West ROW line of
State Highway 69, 96 & 287, also being the north line of a call 101.86 acre tract of land, being
part of a tract conveyed to Amoco Pipeline Company as recorded in File Number 98- 9801168,
Jefferson County Official Public Records (J.C.O.P.R.);
THENCE, along said Southwest ROW line of FM Highway 347, South 51 °42'49" East,
approximately 1260 feet, to a concrete ROW monument found for corner from which a found %2"
iron rod bears South 52 °05'33" East, 4.34 feet, said corner being the most Easterly comer of said
101.86 acre tract;
THENCE, South 38 °25'43" West (call South 42 °05'58" West), 2129.69 feet to a 3/4" iron pipe
with cap set at the intersection of the South line of said 101.86 acre tract with the Easterly ROW
line of US Highway 69, 96 and 287 (338 feet wide at this point);
THENCE, in an Easterly direction approximately 330 feet to an iron rod in concrete (bent) bears
North 89 °16'49" East. 0.57 feet, said point being in the Westerly ROW line of US Highway 69,
96 and 287 (338' wide);
THENCE, along said Westerly ROW line, South 27'44'13" East, 286.94 feet to a point from
which a found 11 /2" iron rod bears North 58'29'12" East, 0.48 feet, said point being the
intersection of said Westerly highway ROW line with the Southwesterly line of said LNVA 120
foot wide canal easement;
THENCE, along the Southwesterly Iine of said LNVA canal easement, North 52 °27'30" West,
184.80 feet to a 3/4" iron pipe with cap set for the most Northerly corner of a call 1.64 acre LNVA
fee tract as recorded in. Volume 1394, Page 410, J.C.D.R.;
THENCE, with a Westerly line of said 1.64 acre tract, South 14 °57'30" East, 230.60 feet to a3/4
iron pipe with cap set fo;: corner;
THENCE, with a Westerly line of said 1.64 acre tract, South 29 °20'38" East, 339.69 feet (call
335.7 feet) to a set 3/4 "' iron pipe with cap;
THENCE, with a Southerly line of said 1.64 acre tract, South 54'42'13" East, 261.90 feet to a
3/4" iron pipe with cap set in the Westerly ROW line of US Highway 69, 96 & 287;
THENCE, along said Westerly ROW line, South 27 °44'13" East, at 656.55 feet pass a found
concrete ROW monument, and continuing for a total distance of 658.15 feet to a 3/4" iron pipe
with cap set for corner in the Northwesterly line of old McFaddin Canal No. 1;
THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of
said 727.93 acre tract. South 55 °07'11" West (call South 58 °50'West), 1320.78 feet to a point
from which a found 2" iron pipe bears North 38 °55' West, 2.0 feet;
THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of
said 729.93 acre tract, South 43 °32'50" West, 199.83 feet (call South 4715' West, 200 feet) to a
point from which a found 2" iron pipe bears North 52 °07' West, 2.0 feet;
THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of
said 729.93 acre tract, South 32 °11'35" West, 835.48 feet (call South 35 °55' West, 836 feet) to a
point from which a found 2" iron pipe bears North 52 °28' West, 2.0 feet;
THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of
said 729.93 acre tract, South 32°16'04" West, at 3973.53 feet pass a 3/4 " iron pipe with cap set
at the intersection of the North ROW line of the aforesaid State Highway FM 3514 with the
Southeasterly line of said 729.93 acre tract, at 4182.14 pass a 3/4" iron pipe with cap set in the
South ROW line of said FM Highway 3514, and continuing for a total distance of 5024.51 feet to
the "POINT OF BEGINNING" and containing 1559.5 acres more or less.
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EXHIBIT «B„
egend f This map has been produced from various sources. Every effort has
NN? x T been made to ensure the accuracy of this map, however, the City of
Qa GatS b�!- Ref nvestment Zoned Beaumont assumes no liability or da Wages due to errors or omissionst